The Hirwaun Power (Gas Fired Power Station) Order 10.1.0 ...... · 10.1.0 Planning Statement The Hirwaun Power (Gas Fired Power Station) Order 1 Glossary Defined terms DCO Application:

The Hirwaun Power (Gas Fired Power Station) Order 10.1.0 Planning Statement Planning Act 2008 The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 PINS Reference Number: EN010059 Document Reference: 10.1.0 Regulation Number: 5(2)(q) Author: Peter Brett Associates LLP Revision Date Description 0 March 2014 Submission version

10.1.0 Planning Statement The Hirwaun Power (Gas Fired Power Station) Order


Contents

1 Glossary ...................................................................................................................................... vi

2 Executive Summary .................................................................................................................. 13

Project overview .......................................................................................................... 13 2.1

The applicant ............................................................................................................... 14 2.2

Purpose of the Planning Statement ............................................................................. 14 2.3

Location ....................................................................................................................... 15 2.4

Site of the Power Generation Plant ............................................................................. 15 2.5

Requirement for Development Consent and for Environmental Impact Assessment . 15 2.6

Composition of the DCO Application ........................................................................... 16 2.7

Requirement for other consents .................................................................................. 17 2.8

Decision making under the Planning Act 2008 ........................................................... 17 2.9

Likely Benefits and Disbenefits of the Project ............................................................. 20 2.10

Conclusions ................................................................................................................. 20 2.11

3 Introduction ............................................................................................................................... 23

Project overview .......................................................................................................... 23 3.1

The Applicant ............................................................................................................... 27 3.2

Purpose of the Planning Statement ............................................................................. 28 3.3

Location ....................................................................................................................... 29 3.4

Site of the Power Generation Plant ............................................................................. 30 3.5

Description of the Project and Stages ......................................................................... 32 3.6

Requirement for Development Consent and for Environmental Impact Assessment . 38 3.7

Composition of the DCO Application ........................................................................... 38 3.8

Requirement for other consents .................................................................................. 44 3.9

4 The Need for the Project ........................................................................................................... 49

Need for flexible gas fired power station infrastructure ............................................... 49 4.2

Discussion ................................................................................................................... 52 4.3

5 Planning context ....................................................................................................................... 55

Decision making under the Planning Act 2008 ........................................................... 55 5.1

Government policy criteria identified in NPSs EN-1, EN-2 and EN-4 ......................... 56 5.2

Other UK, Wales and Local Planning Context ............................................................ 59 5.3

Relevant planning history ............................................................................................ 70 5.4

6 Assessment ............................................................................................................................... 75

General Principles ....................................................................................................... 75 6.2

Environmental Statement (NPS EN-1, 4.2) ................................................................. 76 6.3

Habitats and Species Regulations (NPS EN-1, 4.3) ................................................... 76 6.4

Project development and alternatives (NPS EN-1, 4.4, NPS EN-5, 2.8.5 & NPS EN-4, 6.52.19.8-10) ................................................................................................................................. 77

Good Design (NPS EN-1, 4.5 and EN-2, 2.3.15-2.3.16) ............................................. 80 6.6

Consideration of Combined Heat and Power (NPS EN-1, 4.6) ................................... 82 6.7


Carbon Capture and Storage (CCS) and Carbon Capture Readiness (CCR) (NPS EN-6.81, 4.7) 85

Climate change adaptation (NPS EN-1, 4.8) .............................................................. 85 6.9

Grid connection (NPS EN-1, 4.9) ................................................................................ 85 6.10

Pollution control and other environmental regulatory regimes (NPS EN-1, 4.10) ....... 86 6.11

Safety (NPS EN-1, 4.11) ............................................................................................. 87 6.12

Hazardous Substances (NPS EN-1, 4.12) .................................................................. 87 6.13

Health (NPS EN-1, 4.13) ............................................................................................. 87 6.14

Common law nuisance and statutory nuisance (NPS EN-1, 4.14) ............................. 87 6.15

Security considerations (NPS EN-1, 4.15) .................................................................. 88 6.16

Air quality and emissions (EN-2, 2.5) .......................................................................... 88 6.17

Landscape and Visual (EN-1, 5.9 and EN-2, 2.6) ....................................................... 90 6.18

Noise and vibration (EN-2, 2.7) ................................................................................... 92 6.19

Water quality and resources (EN-2, 2.10) ................................................................... 94 6.20

Biodiversity and geological conservation (EN-1, 5.3) .................................................. 95 6.21

Civil and military aviation and defence interests (EN-1, 5.4) ...................................... 97 6.22

Dust, odour, artificial light, smoke, steam and insect infestation (EN-1, 5.6) .............. 97 6.23

Flood risk (EN-1, 5.7) .................................................................................................. 99 6.24

Historic environment (EN-1, 5.8) ............................................................................... 100 6.25

Land use including open space, green infrastructure and Green Belt (EN-1, 5.10 and 6.26EN-2, 2.2) ............................................................................................................................... 102

Socio-economic (EN-1, 5.12) .................................................................................... 105 6.27

Traffic and transport (EN-1, 5.13) .............................................................................. 108 6.28

Waste management (EN-1, 5.14] .............................................................................. 110 6.29

7 Likely Benefits and Disbenefits of the Project ..................................................................... 112

Likely Disbenefits ....................................................................................................... 112 7.2

Likely benefits ............................................................................................................ 113 7.3

8 Conclusions ............................................................................................................................. 115

Figures

Figure 1 - Location Plan of Hirwaun Industrial Estate ........................................................................... 24 Figure 2 - Site Location Plan ................................................................................................................. 25

Tables

Table 1 – Key structures and items of plant and their assessed dimensions ....................................... 34 Table 2 – Composition of the DCO Application ..................................................................................... 40



1 Glossary

Defined terms

DCO Application: the application for a DCO made to the Secretary of State under section 37 PA 2008 in respect of the Project, required pursuant to section 31 PA 2008 because the Project constitutes a Nationally Significant Infrastructure Project under section 14 (1)(a) and section 15 of the Planning Act 2008 ("PA 2008") by virtue of being an onshore generating station in England or Wales of 50 MWe capacity or more;

The Developer: means HPL;

Draft DCO: the draft DCO which accompanies the DCO Application (Document Reference: 3.1);

Electrical Connection: a new integral underground electrical cable connection to export electricity from the Power Generation Plant into the national electricity transmission system at the Rhigos Substation (Work No. 5 in the Draft DCO);

Electrical Connection Route Corridor: the route of the Electrical Connection (Work No. 5 in the Works Plan); Gas Connection: a new integral underground gas pipeline connection to bring natural gas to the Power Generation Plant from the existing high pressure gas network NTS in the vicinity of the proposed Project Site including the above ground infrastructure (AGI) for the gas pipeline at the point of connection to the NTS, as well as a new permanent access to the AGI (Works No. 3 & 4 in the Draft DCO);

Gas Connection Route Corridor: the route of the Gas Connection, including the site of the AGI and the new access to the AGI (Works No. 3 & 4 in the Works Plan);

HPL: a special purpose vehicle which has been set up to develop the proposed Project and has been established by Watt Power Limited (WPL). WPL has been established to develop flexible gas fired generation assets to support the UK Government drive to a low carbon economy. WPL has its project dedicated personnel sourced through an experienced management company, Stag Energy

Power Generation Plant: a SCGT gas fired ‘peaking’ power generating plant capable of providing up to 299 MWe (Work No. 2 in the Draft DCO);

Power Generation Plant Site: the site of the Power Generation Plant (Work No. 2 in the Works Plan);

Project: the Power Generation Plant, the Electrical Connection and the Gas Connection together;

Project Site: the site of the Project corresponding to the Order Limits of the Draft DCO;


SCGT: simple cycle gas turbine;

Works Plan: plan showing the numbered works referred to in the Draft DCO (Document Reference: 2.3).


Acronyms

AQMA Air Quality Management Area. An area that a local authority has designated for action, based upon predicted exceedences of Air Quality Objectives.

AGI Above Ground Installation Situated within the Gas Connection site (Work No 4A) and containing the MOC and PTF. *The other ‘above ground installation’ comprising the natural gas receiving station and compound is part of the Power Generation Plant site (Work No 2B).

APFP Regulations Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations 2009. Sets out the detailed procedures which must be followed for submitting and publicising applications for Nationally Significant Infrastructure Projects

BBNPA Brecon Beacons National Park Authority. The administrative authority covering the Brecon Beacons National Park, which was designated in 1957. The authority has a statutory duty to foster the economic and social well-being of communities living within the National Park, and to further the two statutory purposes of the Brecon Beacons National Park pursuant to the Environment Act 1995. The authority is also a local planning authority.

CEMP Construction Environmental Management Plan. Strategic document setting out best practice methods to minimise environmental impacts (including dust) during construction.

CHP Combined Heat and Power. A cogeneration power station capable of supplying power to the National Grid and also heat to local heat users (such as industry or leisure) through a direct connection to waste heat / steam produced as part of the combustion process.

DAS Design and Access Statement. A short report accompanying and supporting a planning application. It provides a framework for applicants to explain how a proposed design is an appropriate response to the site and its setting, and demonstrate that it can be adequately accessed by prospective users.

DCO Development Consent Order. Consent under the PA 2008 for a Nationally Significant Infrastructure Project (as defined in section 14 of the PA 2008). A DCO can incorporate or remove the need for a variety of consents which would otherwise be required for a development. A DCO can also include rights of compulsory acquisition.

DECC Department for Energy and Climate Change. UK Government department responsible for policy and maintaining international and industry relations to support a continuous UK energy supply, reduce greenhouse emissions and adapt to climate change

EfW Energy from Waste, A power plant which generates energy in the form of electricity and/or heat from the incineration or pyrolysis of waste products.


EIA Environmental Impact Assessment. The body of work which evaluates the potential likely significant environmental effects of the Project. Undertaken in accordance with the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009.

EPS European Protected Species are animals and plants that receive protection under the Conservation of Habitats and Species Regulations 2010, in addition to the Wildlife and Countryside Act 1981 (as amended).

ES Environmental Statement. The final document which provides a comprehensive discussion on the Environmental Impact Assessment.

GTG A type of internal combustion engine using compressed air and igniting gas to rotate the turbine to create electricity. The GTGs may be aero-derivative gas turbine generator(s) (i.e. turbines derived from the aeronautical industry) which are suitable for frequent start-ups, flexible, highly efficient and give high availability. To achieve up to a combined nominal gross electrical output of 299 MWe, HPL envisages using 3, 4 or 5 individual aero-derivative GTGs. ‘Industrial’ type units can also be used which are typically larger and often more suited to longer operational hours. They offer more efficiency but less flexibility. Industrial gas turbines differ from aeronautical designs in that the frames, bearings, and blading are of heavier construction. To achieve up to 299 MWe, HPL would propose to use 1 or 2 individual industrial GTGs.

HGV Heavy goods vehicle. A mechanically propelled road vehicle that is of a construction primarily suited for the carriage of goods or burden of any kind and designed or adapted to have a maximum weight exceeding 3,500 kilograms when in normal use and travelling on a road laden.

Ha Hectare. A unit of area (10,000 m2 / 2.471 acres)

HIA Health Impact Assessment. An assessment of the health effects of the development based on a range of structured and evaluated sources of qualitative and quantitative evidence. The approach is particularly concerned with the distribution of effects and therefore how health and social inequalities might be reduced or widened by particular proposals, in this case the Project.

HPL Hirwaun Power Limited. A subsidiary business of Watt Power Limited (WPL). WPL has been established to develop flexible gas fired generation assets to support the UK Government drive to a low carbon economy. WPL is resourced through Stag Energy, a company founded in 2002.

HRA Habitats Regulation Assessment. A recognised step by step process which helps determine likely significant effect and (where appropriate) assess adverse impacts on the integrity of a European site. If an adverse effect on integrity is identified, the process examines alternative solutions, and provides justification for imperative reasons of over-riding public interest.

http://www.legislation.gov.uk/uksi/2010/490/contents/made

http://www.legislation.gov.uk/uksi/2010/490/contents/made

http://www.legislation.gov.uk/ukpga/1981/69/contents

http://www.legislation.gov.uk/ukpga/1981/69/contents


HSE Health and Safety Executive. The national independent watchdog for work-related health, safety and illness. It acts in the public interest to reduce work-related death and serious injury across Great Britain’s workplaces. HSE is an executive non-departmental public body of the Department for Work & Pensions

IED Industrial Emissions Directive. European legislation recasting seven existing European Directives including the Directive on Integrated Pollution Prevention and Control and the Large Combustion Plants Directive.

IPC Infrastructure Planning Commission (Now abolished and references to "IPC" should be read as "Examining Authority" or "the Secretary of State", as appropriate).

LDP Local Development Plan. The set of documents and plans that sets out the local authority's policies and proposals for the development and use of land in their area, adopted in accordance with the Planning and Compulsory Purchase Act 2004.

LTS Local Transmission System. The LTS transports gas from NTS offtakes towards and between urban areas, in addition, a number of large industrial gas users and power stations are supplied directly. Gas fed from the NTS is fed into the LTS steel pipeline network at pressures typically in the range 38barg to 70barg.

MOC Minimum Offtake Connection. A connection that will offtake gas directly from the National Transmission System. Part of the AGI within the Gas Connection site

MW Mega Watt. A measurement of power.

MWe Mega Watt Electrical.

NGC National Grid Connections. National Grid’s principal operations are the ownership and operation of regulated electricity and gas infrastructure networks in the UK and the US, serving around 19 million consumers directly and many more indirectly. The company also has interests in related markets, including electricity interconnectors, metering services, liquefied natural gas (LNG) facilities and property in the UK, LNG storage and transportation and non-regulated gas transmission pipelines in the US. The company has over 27,500 employees located in the UK and the US. In the UK the company’s principal regulated businesses are:

The transmission of electricity and gas in the UK as owner and operator of the high voltage electricity transmission network (NETS) in England and Wales, the gas national transmission system (NTS) in Great Britain, the electricity interconnector with France and storage facilities for LNG. Operator of the electricity transmission networks in Scotland.

The distribution of gas in England as owner and operator of four of Great Britain’s eight gas distribution networks.

NOx Nitrous oxides. Gases produced during combustion including nitric oxide (NO) and nitrogen dioxide (NO2).


NPS National Policy Statement. Overarching policy document concerning the planning and consenting of Nationally Significant Infrastructure Projects in the UK, designated pursuant to the PA 2008.

NPT Neath Port Talbot County Borough Council. The administrative body and local planning authority and highways authority for the County Borough of Neath Port Talbot.

NRW Natural Resource Wales. A regulatory authority and principal adviser to the Welsh Government on the environment, enabling the sustainable development of Wales’ natural resources for the benefit of people, the economy and wildlife. Made up of the former Environment Agency Wales, Countryside Commission Wales and Forestry Commission Wales.

NSIP Nationally Significant Infrastructure Project. The Project constitutes a Nationally Significant Infrastructure Project (NSIP) by virtue of s.14(1)(a) and s.15 of the Planning Act 2008 (PA 2008) which include within the definition of a NSIP any onshore generating station in England or Wales of 50 MWe capacity or more.

NSR Noise Sensitive Receptor. Principally houses (existing or for which planning consent is being sought / has been given) and any building used for long-term residential purposes (such as a nursing home).

NTS National Transmission System. A network of gas pipelines throughout the United Kingdom that supply gas to power stations from natural gas terminals situated on the coast, and also gas distribution companies which lead indirectly to homes.

PA 2008 Planning Act 2008. UK legislation which sets out responsibility for examining and providing recommendations on applications for development consent for NSIPs. The Planning Inspectorate, examines applications and makes recommendations to the relevant Secretary of State on a DCO Application (the Secretary of State for Energy and Climate Change in the case of energy NSIP applications).

PPE Personal Protective Equipment. Protective garments or equipment designed to protect the wearer's body from injury.

PPW Planning Policy Wales. Planning policy, decision-making, development plans, research and statistics for Wales.

PM10/2.5 Particulate Matter. Airborne particle size, PM10 particles (the fraction of particulates in air of very small size (<10 µm)) and PM2.5 particles (<2.5 µm) are pollutants. They are small enough to penetrate deep into the lungs and so potentially pose significant health risks. The principal source of airborne PM10 and PM2.5 matter in European cities is road traffic emissions, particularly from diesel vehicles.

PTF PIG Trap Facility. Pipeline Inspection Gauge ("PIG") traps allow PIGs to be inserted into and removed from a pipeline which is to


undergo a ‘pigging’ program and which is likely to be under pressure.

RCTCBC Rhondda Cynon Taf County Borough Council. The administrative body and local planning authority and highways authority for the County Borough of Rhondda Cynon Taf.

SCGT: Simple cycle gas turbine.

SoS Secretary of State. The decision maker for a NSIP application and head of a government department.

SoCC Statement of Community Consultation. A statement pursuant to section 47 PA 2008, describing how the promoter (applicant) proposes to consult the local community about its proposals.

SoCG Statement of Common Ground. A written statement prepared jointly by the applicant and another party or parties, setting out the matters on which they agree.

SPG Supplementary Planning Guidance. Non-statutory guidance which supplies supporting information in respect of policies in a current or emerging local plan or national policy. It is a means of setting out more detailed thematic or site-specific guidance on how these policies will be applied.

SPV Special Purpose Vehicle. A legal entity created to fulfil the specific purpose of developing a power project.

TA Transport Assessment. An assessment of the availability of, and levels of access to, all forms of transportation, to support a planning application.

TANs Technical Advice Notes. Welsh Government papers which provide more detailed technical guidance notes to supplement policy documents

TCPA Town and Country Planning Act 1990. An Act of Parliament regulating the development of land in England and Wales

UK United Kingdom. The territory of the United Kingdom.

WG Welsh Government. The executive branch of the devolved government in Wales. It is accountable to the National Assembly for Wales.

WPL Watt Power Limited. WPL is an independent company established to develop flexible gas fired generation assets to support the UK Government drive to a low carbon economy.


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2 Executive Summary

Introduction

Project overview 2.1

This document is the Planning Statement Executive Summary for the Hirwaun 2.1.1Power Project (The Project). It has been prepared by Peter Brett Associates LLP on behalf of HPL.

Hirwaun Power Limited (HPL) is seeking to construct, operate and maintain a 2.1.2gas fired power plant and integral connections at land at Hirwaun Industrial Estate, near Aberdare, in Rhondda Cynon Taf, Wales. The project can be summarised as follows:

A simple cycle gas fired ‘peaking’ power generating plant capable of providing 50 - 299 MWe (referred to as the ‘Power Generation Plant’);

A new underground electrical cable connection (referred to as the ‘Electrical Connection’) to export electricity from the Power Generation Plant into the National Grid at Rhigos Substation; and

A new underground gas pipeline connection (referred to as the ‘Gas Connection’) to bring natural gas to the Power Generation Plant from the existing high pressure gas network NTS in the vicinity of the proposed Project Site. This element of the proposed Project also includes the above ground infrastructure (AGI) for the gas pipeline at the point of connection to the NTS, as well as a new permanent access to the AGI.

The proposed Power Generation Plant, Gas Connection and Electrical 2.1.3Connection are referred to as the proposed Project. All three elements are integral to the generation of electricity and the subsequent export of that electricity to the National Grid and all form part of the nationally significant infrastructure project for which development consent is sought.

The location of the Power Generation Plant is shown on the Power Generation 2.1.4Plant Land Plan (Document Reference 2.2) and the various components that comprise the Power Generation Plant are shown on the Works Plan (Document Reference 2.3).

The Project would operate for up to 1500 hours per year, responding to 2.1.5changes in power demand.

There is a considerable national need for this type of project, acknowledged at 2.1.6all levels of government policy. some examples of relevant policy include:

Paragraph 3.3.1 of National Policy Statement EN-1 (DECC, July 2011) which states “the Government believes there is an urgent need for new electricity NSIPs”


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Paragraph 3.6.1 of NPS EN-1, which states "Fossil fuel power stations play a vital role in providing reliable electricity supplies: they can be operated flexibly in response to changes in supply and demand, and provide diversity in our energy mix."

Paragraph 1.40 of the National Infrastructure Plan (HM Treasury, December 2013), which states “New (unabated) gas plant is [also] needed and will be vital in supplying a backup for less flexible renewable generation and ensuring that the system can meet peak electricity demand.”

‘Energy Wales – a Low Carbon Transition’ (Welsh Government, March 2012), which states at p.10 “Gas is a flexible, responsive and reliable source of energy which can play a key role in the transition to a genuinely low carbon energy system”.

Policy AW 12 of the Rhondda Cynon Taf Local Development Plan (adopted 2 March 2011) which supports proposals for the provision of renewable and non-renewable energy including on-shore oil and gas.

The Project constitutes a Nationally Significant Infrastructure Project by virtue 2.1.7of s.14(1)(a) and s.15 of the Planning Act 2008. Under s.31 Planning Act 2008 a development consent order is required to develop a Nationally Significant Infrastructure Project.

The DCO Application seeks powers of compulsory acquisition over the entire 2.1.8Project Site. Justification for this is set out in the Statement of Reasons (Document Reference 4.1).

The applicant 2.2

The applicant for the Project is Hirwaun Power Limited, registered in England 2.2.1(Company Number 8190283) and a wholly owned subsidiary of Watt Power Limited, a company incorporated in Scotland with Company Number 380225. For further details on Hirwaun Power Limited and Watt Power Limited, please visit: http://www.hirwaunpower.co.uk or http://www.wattpowerltd.co.uk.

Purpose of the Planning Statement 2.3

The Planning Statement acts as the primary reference document for an 2.3.1explanation of the policy support for the Project, as well as the planning issues pertinent to the Project and a description of how the DCO Application addresses these. It forms part of the suite of documents accompanying the Application submitted in accordance with Sections 37 and 55 of the Act and Regulation 5 of the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations (2009). The DCO Application seeks the making of the proposed Hirwaun Power (Gas Fired Power Station) Order, which would confer the powers required.

http://www.hirwaunpower.co.uk/

http://www.wattpowerltd.co.uk/


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The planning policy context, comprising the relevant National Policy 2.3.2Statements and other policies whether national or local that may be considered important and relevant, are described.

To assist the Secretary of State’s decision making in relation to National Policy 2.3.3Statement EN-1 4.1.3 the Planning Statement considers the likely benefits and disbenefits of the Project.

The Planning Statement concludes as to the overall acceptability of the DCO 2.3.4Application in accordance with the decision making framework established in Section 104 of the Planning Act 2008.

Location 2.4

The entire Project lies within the administrative boundary of Rhondda Cynon 2.4.1Taf County Borough Council.

The Order Limits cover an area of approximately 13.6ha and comprise the 2.4.2land required for the Power Generation Plant, the Electrical Connection and the Gas Connection.

The Order Limits are not identified by Natural Resources Wales as being 2.4.3subject to flood risk, being categorised on mapping as Flood Zone 1.

Site of the Power Generation Plant 2.5

The area required by the Power Generation Plant extends to 7.5ha (the total 2.5.1area shown coloured pink on the Power Generation Plant Land Plan (Document Reference 2.2)), is divided by Main Avenue and is accessed by public and adopted highways within the Hirwaun Industrial Estate.

The approximate Grid Reference of the Power Generation Plant Site is 2.5.2SN938061 and the elevation is approximately 211m Above Ordnance Datum.

Project Stages

Construction of the Project would take around 22 months

Upon Commissioning, the Power Generation Plant would be operating on a commercial basis (‘Operation’).

Decommissioning

Requirement for Development Consent and for Environmental Impact 2.6Assessment

As the generation capacity of the Project will exceed 50MWe it is classed as a 2.6.1Nationally Significant Infrastructure Project and therefore Development Consent is required under the Planning Act 2008.


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Development Consent for a Nationally Significant Infrastructure Project may 2.6.2only be granted by a Development Consent Order through an application under Section 37 of the Planning Act 2008 to the Secretary of State.

The Infrastructure Planning (Environmental Impact Assessment) Regulations 2.6.32009 (the EIA Regulations) require an EIA to be carried out in respect of development that is classed as EIA development. All development in Schedule 1 to the EIA Regulations (“Schedule 1 development”) requires Environmental Impact Assessment. Development in Schedule 2 to the Environmental Impact Assessment Regulations (“Schedule 2 development”) requires Environmental Impact Assessment if it is likely to have significant effects on the environment.

The definition of a Schedule 1 development includes thermal generating 2.6.4stations with a heat output of 300 Megawatt Thermal or more (Schedule 1 paragraph 2(a)).

The thermal output of the Power Generation Plant will be greater than 2.6.5300MWth and therefore an Environmental Impact Assessment will be required under the Environmental Impact Assessment regulations1.

Regulation 5(2)(a) of the Infrastructure Planning (Applications: Prescribed 2.6.6Forms and Procedures) Regulations (2009) Regulations requires that any Environmental Statement required pursuant to the Environmental Impact Assessment Regulations, together with any scoping or screening opinions or directions, must accompany the DCO Application.

Composition of the DCO Application 2.7

The legislative requirements for applications for a Development Consent 2.7.1Order are principally contained in the Planning Act 2008, the Infrastructure Planning (Applications: Prescribed Forms and Procedures) Regulations (2009) and the Environmental Impact Assessment Regulations.

The DCO Application submitted for the Project complies with the requirements 2.7.2of the Planning Act 2008, the Infrastructure Planning (Applications: Prescribed Forms and Procedures Regulations (2009), the Environmental Impact Assessment Regulations and applicable Secretary of State and Planning Inspectorate guidance, including in particular Planning Inspectorate Advice Note 6 (Preparation and submission of application documents, June 2012).

A number of commitments are made in the DCO Application which take the 2.7.3form of DCO Requirements (Schedule 2 to the Draft Development Consent Order, Document Reference 3.1), and a suite of documents which are ‘for approval’ alongside the plans.

1 Thermal output is commonly defined as the amount of ‘useable heat’ which is produced as part of the process of the combustion of

fuel. Only a part of this useable heat can be converted to electrical energy, which is why this is a larger value than electrical output.


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Requirement for other consents 2.8

Other consents are required in order for the Project to be constructed and 2.8.1subsequently operate. The Consents Management Document (Document Reference 5.4.0) sets out the additional consents required and when they will be applied for. Some of these additional consents are identified below:

Environmental Permit

Generation Licence

European Protected Species Licence

Ordinary Water Course Consent

Planning Permission for the remainder of the Electrical Connection

Planning Assessment

Decision making under the Planning Act 2008 2.9

Under the Localism Act 2011 the Planning Inspectorate became the agency 2.9.1responsible for operating the planning process for Nationally Significant Infrastructure Projects.

The examination is a predominantly written process led either by a single 2.9.2appointed person or a panel, who submit a report with their recommendation to the relevant Secretary of State who will take the final decision as to whether to grant a Development Consent Order for the proposed Project and in what terms. The relevant Secretary of State for the proposed Project is the Secretary of State for Energy and Climate Change.

Section 104 of the Planning Act 2008 provides that in making decisions on 2.9.3Development Consent Order applications, the Secretary of State must have regard to any relevant National Policy Statement and must decide applications in accordance with it unless the adverse impacts of the proposal would outweigh its benefits (or in certain other limited circumstances).

As set out in National Policy Statement EN-1, ‘this National Policy Statement, 2.9.4when combined with the relevant technology-specific energy National Policy Statements, provides the primary basis for decisions’ (paragraph 1.1.1) and that the Secretary of State ‘should start with a presumption in favour of granting consent to applications for energy Nationally Significant Infrastructure Projects’ (paragraph 4.1.2). The relevant National Policy Statements in the context of the Project are:

National Policy Statement EN-1 - The Overarching National Policy Statement for Energy

National Policy Statement EN-2 National Policy Statement for Fossil Fuel Electricity Generating Infrastructure


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National Policy Statement EN-4 - National Policy Statement for Gas Supply Infrastructure Other UK, Wales and Local Planning Context

Section 104 of the Planning Act 2008 also requires the Secretary of State to 2.9.5have regard to any Local Impact Report and other matters which the Secretary of State “thinks are both important and relevant to the Secretary of State’s decision”. A range of UK, Wales and local policy designations and evidence that may assist the Secretary of State’s decision making is set out below:

Planning Policy Wales (Edition 6, February 2014) (PPW) and Associated Technical Advice Notes (TAN)

‘Planning Policy Wales’ sets out the land use planning policies of the Welsh 2.9.6Government and is supplemented by 22 topic based Technical Advice Notes. Relevant chapters include:

Chapter 4, ‘Planning for Sustainability’

Chapter 5 ‘Conserving and Improving Natural Heritage and the Coast’

Chapter 7 ‘Economic Development’

Chapter 12 ‘Infrastructure and Services’

Chapter 13 ‘Minimising and Managing Environmental Risks and Pollution’

Relevant Technical Advice Notes include: 2.9.7

Technical Advice Note 6 ‘Planning for Rural Communities’

Technical Advice Note 12 ‘Design’

Technical Advice Note 18 ‘Transport’

Technical Advice Note 5 ‘Nature conservation and Planning’

Technical Advice Note 23 ‘Economic Development’

Technical Advice Note 15 ‘Development and Flood Risk’,

Technical Advice Note 11 ‘Noise’

Other potentially relevant policy may include: 2.9.8

The Wales Spatial Plan (2008)

Environment Strategy for Wales (2006)

Brecon Beacons National Park Management Plan (2010 - 2015)


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The Brecon Beacons National Park Local Development Plan (2013)

Turning Heads – A Strategy for the Heads of the Valleys (June 2006)

Rhondda Cynon Taf Local Development Plan up to 2021 (2011)

Supplementary Planning Guidance, including:

The Nature Conservation Supplementary Planning Guidance

The Supplementary Planning Guidance for Planning Obligations

The Access, Circulation & Parking Requirements Supplementary Planning Guidance

Assessment

Assessment is provided in relation to the following sub-headings in the main 2.9.9document under the following headings:

Environmental Statement (NPS EN-1, 4.2)

Habitats Regulations Assessment (NPS EN-1, 4.3)

Project development and alternatives (NPS EN-1, 4.4, NPS EN-5, 2.8.5 & NPS EN-4, 2.19.8-10)

Good Design (NPS EN-1, 4.5 and EN-2, 2.3.15-2.3.16)

Consideration of Combined Heat and Power (NPS EN-1, 4.6)

Carbon Capture and Storage (CCS) and Carbon Capture Readiness (CCR) (NPS EN-1, 4.7)

Climate change adaptation (NPS EN-1, 4.8)

Grid connection (NPS EN-1, 4.9).

Pollution control and other environmental regulatory regimes (NPS EN-1, 4.10)

Safety (NPS EN-1, 4.11)

Hazardous Substances (NPS EN-1, 4.12)

Health (NPS EN-1, 4.13)

Common law nuisance and statutory nuisance (NPS EN-1, 4.14)

Security considerations (NPS EN-1, 4.15)

Air quality and emissions (EN-2, 2.5)

Landscape and Visual (EN-1, 5.9 and EN-2, 2.6)

Noise and vibration [EN-2, 2.7)

Water quality and resources [EN-2, 2.10)

Biodiversity and geological conservation (EN-1, 5.3)


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Civil and military aviation and defence interests (EN-1, 5.4)

Dust, odour, artificial light, smoke, steam and insect infestation (EN-1, 5.6)

Flood risk (EN-1, 5.7)

Historic environment (EN-1, 5.8)

Land use including open space, green infrastructure and Green Belt (EN-1, 5.10 and EN-2, 2.2)

Socio-economic (EN-1, 5.12)

Traffic and transport (EN-1, 5.13)

Waste management (EN-1, 5.14)

Likely Benefits and Disbenefits of the Project 2.10

A consideration of the balance of benefits and disbenefits of the Project are 2.10.1considered in this Planning Statement (Document Reference 10.1.0) in recognition of the decision making framework set out in Section 104 of the Planning Act 2008.

The likely disbenefits are considered in relation to the types of impacts 2.10.2identified in NPSs EN-1 and EN-2, namely: generation of slight noise impacts during construction; slight impacts on breeding birds due to temporary habitat removal/illumination during construction; land take of the Power Generation Plant; visual impact arising from permanent structures; ground conditions from the construction phase of the electrical and gas connections; slight impacts on water resources due to surface runoff; slight traffic impacts during some parts of the construction period such as during abnormal load routing or construction of the connections across highways. These are predominantly only of a temporary nature, associated with the construction of particular parts of the Project.

The likely benefits are considered as being: a material contribution towards 2.10.3the urgent national need for new flexible energy generation (of wider public benefit); good design and improvement to the appearance of the industrial estate; planting of new habitats; and beneficial reuse of the site. These are generally of a long term nature, being associated with the 25-year likely operating life of the Project.

Conclusions 2.11

The urgent need for electricity generation, including gas fired generating 2.11.1stations and unabated gas and peaking plants, are provided in NPS EN-1, the Gas Generation Strategy (Department for Energy and Climate Change, 2012), Energy Wales – a Low Carbon Transition (Welsh Government, 2012) and the National Infrastructure Plan (HM Treasury, 2013). The Project would contribute materially to meeting this need.


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Besides this considerable public benefit, there would be other benefits of 2.11.2the Project. The comprehensive redevelopment of the central part of the Hirwaun Industrial Estate for an economic use, as defined in Planning Policy Wales (Edition 6, February 2014, Welsh Government), is of relevance. The Power Generation Plant Site comprises an underused, partially derelict and visually intrusive warehouse complex that has failed to attract proposals for comprehensive redevelopment for economic uses during six years of marketing. The proposed siting, design and landscaping of the Power Generation Plant would represent an improvement to the present townscape within the Hirwaun Industrial Estate, and would be screened, laid out and designed, where feasible, to minimise visual intrusion, from higher ground within the National Park and other relevant viewpoints.

Due regard has been paid to all relevant and important considerations. 2.11.3These include the findings of community and statutory consultation processes which, as documented in the Consultation Report (Document Reference 5.1.0), have influenced considerations as to the design and siting of the Project. Welsh and local economic development and environmental policy designations have been considered in the design, siting and mitigation proposals within the Project.

The Project is in line with the relevant National Policy Statements, being 2.11.4NPS EN-1, NPS EN-2 and EN-4. Considerations as to siting, Habitats and Species Regulations, alternatives, Good Design, consideration of Combined Heat and Power, grid connection, safety, health, nuisance and security have been given due regard as demonstrated in the Environmental Statement (Document Reference 6.1.0) and its appendices (Document Reference 6.2.0), the Design and Access Statement and its appended Design Principles Statement (Document Reference 10.2.0), the Planning Statement (Document Reference 10.1.0), the Grid Connection Statement (Document Reference 9.1) and the Health Impact Assessment (Document Reference 10.3.0). The Environmental Statement has also assessed all relevant likely environmental effects and has proposed appropriate mitigation wherever feasible. These are to be secured through compliance with various submitted documents and further approvals such as under the proposed requirements attached to the draft DCO (see Schedule 2 to the draft DCO, Document Reference 3.1)

It is considered that there are no relevant adverse impacts or disbenefits 2.11.5sufficient to outweigh the likely benefits of the Project including the improvements to the appearance and condition of the Power Generation Plant site, the local and regional economic benefits, and the considerable public benefit to meeting the national need for flexible gas generation.

The Applicant has maintained dialogue throughout the pre-application 2.11.6period with local authorities, political representatives, Natural Resources Wales and other consultees and regulators, and will continue to do so at all relevant stages prior to the operation of the Project, if the Order is made.


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It is considered that there are no international obligations that would be 2.11.7breached if the Development Consent Order were made in the terms proposed. There are considered to be no likely significant effects in respect of sites designated under the Habitats Directive as set out in the No Significant Effects Report (Document Reference 5.5.0) nor species protected thereunder as set out in the Environmental Statement (Document Reference 6.1.0, Chapter 8 and Document 6.2.0, Appendix 8.9.

In conclusion and in line with the factors set out in Section 104 of the 2.11.8Planning Act 2008 there is a compelling case in the public interest for the Order to be made in the terms proposed.


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3 Introduction

Project overview 3.1

Hirwaun Power Limited (HPL) is seeking to construct, operate and maintain a 3.1.1gas fired power plant and integral connections at land at Hirwaun Industrial Estate, near Aberdare, in Rhondda Cynon Taf, Wales. The project can be summarised as follows:

A simple cycle gas fired ‘peaking’ power generating plant capable of providing 50 - 299 MWe (referred to as the ‘Power Generation Plant’);

A new underground electrical cable connection (referred to as the ‘Electrical Connection’) to export electricity from the Power Generation Plant into the National Grid at Rhigos Substation; and

A new underground gas pipeline connection (referred to as the ‘Gas Connection’) to bring natural gas to the Power Generation Plant from the existing high pressure gas network NTS in the vicinity of the proposed Project Site. This element of the proposed Project also includes the above ground infrastructure (AGI) for the gas pipeline at the point of connection to the NTS, as well as a new permanent access to the AGI.

The proposed Power Generation Plant, Gas Connection and Electrical 3.1.2Connection are referred to as the proposed Project. All three elements are integral to the generation of electricity and the subsequent export of that electricity to the National Grid and all form part of the nationally significant infrastructure project for which development consent is sought.

The Power Generation Plant would be a Simple Cycle Gas Turbine ("SCGT") 3.1.3gas fired ‘peaking’ power generating plant. To generate up to 299 MWe, between 1 and 5 Gas Turbine Generators would be used, either each with its own emission flue stack or one stack for a pair of turbines, each stack to be between 30m and 35m in height. The Power Generation Plant would further be composed of a banking compound (including Gas Insulated Switchgear (GIS) building); a gas receiving installation; a black start generator; fire water and demineralised process water tanks; a workshop/control/administration building, a gatehouse, a bat mitigation structure outside of the main operational area and other small structures.

The location of the Project Site is shown in Figures 1 and 2 below. Further 3.1.4details are shown on the Land Plans (Document Reference 2.2) and the various components that comprise the Power Generation Plant and Electrical Connection and Gas Connection are shown on the Works Plan (Document Reference 2.3).


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Figure 1 - Location Plan of Hirwaun Industrial Estate


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Figure 2 - Site Location Plan

The development of the Power Generation Plant would necessitate the 3.1.5demolition of all above ground structures including the main building (known as Building 1) with a footprint of around 3ha. Demolition of foundations may also be required. Two existing accesses, one at the west part of the site to Main Avenue and one at the eastern end to Fourth Avenue, would be reused as secondary accesses. The main access would be in the central frontage of Main Avenue. Historically this was an entrance to the site but it was blocked up by the construction of an extension to Building 1.

An area of existing hardstanding lying to the south of the Power Generation 3.1.6Plant site would be used for laydown during the construction period of any part of the Project, and retained for unscheduled maintenance of larger items of plant during the operation of the Power Generation Plant. Two single storey brick buildings, one derelict, known as building 6 and a smaller building known as building 4, at the Main Avenue frontage to this site would be demolished to facilitate this usage and to allow a suitable new access to be built opposite the Power Generation Plant access.

To function, the Power Generation Plant requires an electrical connection. The 3.1.7Electrical Connection would be a new, integral underground electrical cable connection to export electricity from the Power Generation Plant into the National Grid at Rhigos Substation. This would be composed of a cable, laid within the roadway and/or pavement of Main Avenue and Fourteenth Avenue


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from the banking compound (within the Power Generation Plant) to a Sealing End Compound within the Rhigos Substation. The location of this Sealing End Compound has yet to be determined by NGET. Accordingly, the Electrical Connection forming part of HPL's DCO Application would take an underground cable 65 metres (taken from the centreline of Work Number 5 as shown on the Works Plan (Figure 1) (Document Reference 2.3)) into the Rhigos Substation ready to connect into the Sealing End Compound. HPL would either use permitted development rights or apply under the Town and Country Planning Act 1990 for installation of the remaining length of the underground cable into the Sealing End Compound and the Sealing End Compound itself, once the location of the Sealing End Compound has been confirmed by NGET.

A key part of the Power Generation Plant is its fuel. The Gas Connection will 3.1.8be a new, integral underground gas pipeline connection to bring natural gas to the Power Generation Plant from the existing high pressure gas National Transmission System (NTS) Feeder 2 which passes in the vicinity of the Power Generation Plant, east of the A4061. The Gas Connection will be composed of an AGI comprising of a PTF alongside a MOC, and an 849 metre (taken from the centreline of Work Number 3 as shown on the Works Plan (Figure 1) (Document Reference 2.3)) gas pipeline laid within open land including fields, and within the A4061 and Rhigos Road and hardstanding to the south of the Power Generation Plant site, to the gas receiving installation in the Power Generation Plant. The MOC would be constructed, owned and operated by National Grid Gas while the PTF would be constructed, owned and operated by HPL.

The proposed Power Generation Plant, Gas Connection and Electrical 3.1.9Connection are referred to as the Project and are all integral to the generation of electricity and the subsequent export of that electricity to the National Grid. Relevant consultees including RCTCBC acknowledge the integrated nature of the Project, as documented in the Consultation Report (Document Reference 5.1.0) and appendix 3AE to that report (Consultation Report Appendices, Document Reference 5.1.3).

The Power Generation Plant would operate as a peaking plant and would be 3.1.10required to operate when there is a surge in demand for electricity associated with a particular event or where there is a sudden drop in power being generated from other plants that are designed to be constantly operational (e.g. a sudden outage). The Power Generation Plant would also help to ‘balance out’ the grid at times when other technologies (such as wind and solar farms) cannot generate electricity due to their intermittent operation and reliance on weather conditions. The Project would operate for up to 1500 hours per year, responding to changes in power demand.

It is intended that the Project would operate within the framework being 3.1.11established by government under the Capacity Market. This is a key part of the government’s Electricity Market Reform and seeks to ensure that the UK has enough reliable electricity capacity to meet current and future electricity demand. Operation under the Capacity Market is subject to bidding into a


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competitive auction and it would be necessary for a DCO to be made in order to participate in this auction. Accordingly the design of the Project and the terms of the draft DCO have paid regard to the need for a competitive bid. However, participating in, or being successful in, the Capacity Market is not a pre-requisite for HPL to construct and operate the Project.

There is a considerable national need for this type of project, acknowledged at 3.1.12all levels of government policy. A fuller explanation of the need for the Project can be found later in this document, but some examples of relevant policy include:

Paragraph 3.3.1 of National Policy Statement (NPS) EN-1 (DECC, July 2011) which states “the Government believes there is an urgent need for new electricity NSIPs”

Paragraph 3.6.1 of NPS EN-1, which states "Fossil fuel power stations play a vital role in providing reliable electricity supplies: they can be operated flexibly in response to changes in supply and demand, and provide diversity in our energy mix."

Paragraph 1.40 of the National Infrastructure Plan (HM Treasury, December 2013), which states “New (unabated) gas plant is [also] needed and will be vital in supplying a backup for less flexible renewable generation and ensuring that the system can meet peak electricity demand.”

‘Energy Wales – a Low Carbon Transition’ (Welsh Government, March 2012), which states at p.10 “Gas is a flexible, responsive and reliable source of energy which can play a key role in the transition to a genuinely low carbon energy system”.

Policy AW 12 of the Rhondda Cynon Taf Local Development Plan (adopted 2 March 2011) which supports proposals for the provision of renewable and non-renewable energy including on-shore oil and gas.

The Project constitutes an NSIP by virtue of s.14(1)(a) and s.15 of the PA 3.1.132008 which includes within the definition of an NSIP any onshore generating station in England or Wales of 50MWe capacity or more. Under s.31 PA 2008, a development consent order is required to develop an NSIP. Under s.37 PA 2008 this can only be granted if an application is made for it to the Secretary of State .

The DCO Application seeks powers of compulsory acquisition over the entire 3.1.14Project Site. Justification for this is set out in the Statement of Reasons (Document Reference 4.1).

The Applicant 3.2

The applicant for the Project is Hirwaun Power Limited (HPL), registered in 3.2.1England (Company Number 8190283) and a wholly owned subsidiary of Watt


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Power Limited ("WPL"), a company incorporated in Scotland with Company Number 380225.

HPL's registered office is at 33 Cavendish Square, London W1G 0PW. The 3.2.2Project is being managed by HPL's project team based in Edinburgh (49 York Place Edinburgh EH1 3JD).

WPL has been established to develop flexible gas fired generation assets to 3.2.3support the UK Government drive to a low carbon economy. WPL has established HPL as a special purpose vehicle to promote the Project.

The parent undertaking of WPL is Noble Clean Fuels Limited (incorporated in 3.2.4England with Company Number 6810620), with the ultimate parent being Noble Group Limited, a market-leading global supply chain manager of, amongst other things, energy products.

HPL has appointed the following as its external consultants in respect of the 3.2.5Project:

Parsons Brinckerhoff – environmental and engineering services;

Peter Brett Associates – planning services;

Sheppard Robson – architectural services;

Warwick Emanuel Public Relations – public relations;

TerraQuest – land referencing; and

Pinsent Masons LLP – legal services.

WPL and HPL are committed to the development of assets to support the UK 3.2.6Government drive to a low carbon economy. WPL and HPL recognise the need to balance commercial benefits with the environmental issues and concerns of energy projects and believe this can be responsibly delivered at a local level.

HPL is also committed to acting in a socially and environmentally responsible 3.2.7manner. As part of this policy, HPL has sought the views and concerns of the local community and has considered them in preparing the DCO Application. The proposed Project and supporting infrastructure would be designed and developed to high quality, safety and environmental standards.

For further details on HPL and WPL, please visit: 3.2.8http://www.hirwaunpower.co.uk or http://www.wattpowerltd.co.uk.

Purpose of the Planning Statement 3.3

The Planning Statement acts as the primary reference document for the policy 3.3.1support for the Project, as well as an explanation of the planning issues pertinent to the Project and a description of how the DCO Application addresses these. It forms part of the suite of documents accompanying the DCO Application submitted in accordance with Sections 37 and 55 of the PA

http://www.hirwaunpower.co.uk/

http://www.wattpowerltd.co.uk/


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2008 and Regulation 5 of the APFP Regulations. The Application seeks the making of the proposed Hirwaun Power (Gas Fired Power Station) Order 201[X], which would confer the powers required.

A number of other documents in the DCO Application set out design features, 3.3.2mitigation, or other commitments, that address relevant planning issues. These include the Environmental Statement, the Design and Access Statement, the draft DCO and its schedule of requirements. Where relevant, the Planning Statement cross-refers to such documents to provide further explanation.

A glossary of acronyms and defined terms is provided in the front of this 3.3.3document.

The planning policy context, comprising the relevant National Policy 3.3.4Statements and other policies whether national or local that may be considered important and relevant, are described in Section 5.

The assessment of the Project against the policy summarised in Section 5 is 3.3.5provided in Section 6, structured by the assessment principles and anticipated impacts set out in the relevant National Policy Statements.

To assist the Secretary of State’s decision making in relation to NPS EN-1 3.3.64.1.3 the Planning Statement considers the likely benefits and disbenefits of the Project at Section 7.

The Planning Statement concludes as to the overall acceptability of the DCO 3.3.7Application in accordance with the decision making framework established in Section 104 of the PA 2008.

Location 3.4

This section describes the Order Limits together with key features and 3.4.1characteristics of the surrounding landscape. The entire Project lies within the administrative boundary of RCTCBC, with whom discussions and consultations on a range of matters have been held since 2011 as documented in the Consultation Report (Document Reference 5.1.0).

The Order Limits (also called the Project Site) are approximately 0.7km from 3.4.2the boundary of the Brecon Beacons National Park Authority and 2.5km from the boundary with Neath Port Talbot County Borough Council ("NPTCBC") to the west which, along with other authorities neighbouring RCTCBC, have been consulted at appropriate points.

The wider setting is dominated by smaller towns centred on one or two main 3.4.3streets, with residential areas on their outskirts The Order Limits are approximately 1.3 km north east of Rhigos, 2 km west of Hirwaun and 5 km west of Aberdare.


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The Order Limits cover an area of approximately 13.59ha and comprise the 3.4.4land required for the Power Generation Plant, the Electrical Connection and the Gas Connection.

The Order Limits are not identified by Natural Resources Wales as being 3.4.5subject to flood risk, being categorised on mapping as Flood Zone 1.

The surrounding areas are relatively level, being located at the head of the 3.4.6Rhondda and Cynon valleys. Nearby to the north lies the A465 dual carriageway. This dual carriageway provides a strategic transport link between east and west Wales. Beyond the dual carriageway the land rises gently towards the village of Penderyn (1.8 km to the north, approximately 260m AOD) and several kilometres beyond are the southernmost Brecon Beacons such as Onllwyn (419m AOD) and Cader Fawr (485m).

The Order Limits and the immediate surrounding areas have largely been 3.4.7shaped through a rich coal mining and industrial legacy, based on the highly productive lower Wales Coal Measures geological sequence, which underlie the Order Limits and much of the surrounding area. These continue to be worked at mines such as Tower Colliery, now an open cast mine. The first industry in Hirwaun came in the 18th century when the Gloucesters Ironworks and the coal mining activities at what is now Tower Colliery began. As a case in point, the site of the Power Generation Plant site was first developed as a Royal Ordinance Factory during World War Two and subsequently a larger area was developed as the Hirwaun Industrial Estate. During the 1990s hundreds of employees worked at the Hitachi factory on the Power Generation Plant site, which closed in 2001 (http://news.bbc.co.uk/1/hi/wales/1484783.stm). The largest building on the estate, but also one of the oldest, dating from the early 1980s, the former Hitachi factory building (Building 1) is used for storage but is not fully utilised, being owned and operated by International Greetings UK Ltd and employing approximately 20 people on this site, varying by season.

Site of the Power Generation Plant 3.5

The area required by the Power Generation Plant extends to 7.5ha (the total 3.5.1area shown coloured pink on the Power Generation Plant Land Plan (Document Reference 2.2)), is divided by Main Avenue and is accessed by public and adopted highways within the Hirwaun Industrial Estate.

The area to the north of Main Avenue, which is a public and adopted highway, 3.5.2is currently occupied by a large industrial building used for storage and distribution owned and operated by International Greetings UK Ltd. Formerly a factory operated by Hitachi, the main building footprint occupies more than half of the northern area with most of the remainder being hardstanding, small areas of planting and grass, along with smaller buildings and structures, with a fence on all sides. There are three accesses, one of which is built across. All three accesses would be maintained (i.e. the access which is built across would be re-opened) for the Power Generation Plant.

http://news.bbc.co.uk/1/hi/wales/1484783.stm


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The approximate Grid Reference of the Power Generation Plant Site is 3.5.3SN938061 (alternatively expressed as 293850, 206150) and the elevation is211m AOD. The site is level, with an embankment and a small energy generation plant lying to the south (the Green Frog plant), beyond which lies the Rhigos Road and a small number of residential properties.

The Power Generation Plant Site area has been minimised, with consideration 3.5.4given to safety distances, engineering requirements and environmental and visual impacts. Earlier designs subject to public consultation extended to 7.5ha, the additional hectare being comprised of a strip of grassland along the northern edge, which is now excluded from the site. Beyond this lies a Site of Important Nature Conservation (SINC); an area of marshy, waterlogged grassland comprising some rushes and reeds. An ordinary watercourse, the River Camnant, is culverted within the site running from south to north.

It is necessary to identify an area for equipment / materials laydown and the 3.5.5assembly of large plant items, and to retain this area during the operation of the Power Generation Plant for unscheduled maintenance, within a reasonable distance of the Power Generation Plant site. A small area to the south (to the south of Main Avenue) has been identified. This includes two single storey buildings (known as Building 4 and Building 6), beyond which lies two former car parks, one of which is not enclosed by a fence (rear or Building 4). This area will be cleared in order to be suitable for use during construction for site establishment and construction laydown, and maintenance area.

Gas Connection

The Gas Connection Corridor would run from the Power Generation Plant 3.5.6heading south, across Main Avenue and between Building 4 and Building 6 in the Hirwaun Industrial Estate. The route then turns west for approximately 30m, before it turns south again and goes under Rhigos Road; a single carriageway that runs along the entire south side of Hirwaun Industrial Estate. The route continues south of Rhigos Road into fields where it crosses under a set of overhead lines and continues heading south east where it then crosses two field drains. The route then turns east where it crosses under a private access track and another two field drains. It then turns south east again, and heads towards the A4061 where it again crosses under a set of overhead lines before crossing under the A4061 in a south easterly direction. The route ends at an AGI, connecting into Feeder 2 of the NTS to be located atop and west of the NTS pipeline, east of the A4061 at Grid Ref SN939054 (located within Parcels 13_GR and 14_GR as shown on the Gas Connection Land Plan, Document Reference 2.2).

The route has an approximate length of 0.9 km and its direction and width 3.5.7varies to account for natural and man made features along the route, but generally provides for a working width of 50m (the permanent easement width being sought is generally 30m). The route includes one major road crossing, two minor road crossings, no major water crossings and four minor water crossings (e.g. field drains). 0.19km of in-road mainlaying would be required (covering adopted highway, private accesses and car park).


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The AGI would lie away from the open cast mining operations at Tower 3.5.8Colliery which are set back a specified distance to the east of the gas NTS. The gas NTS runs through Hirwaun Common Site of Importance for Nature Conservation and thus the AGI would occupy a small part of this ~800ha designation.

A permanent access to the AGI would be built to the A4061 for maintenance 3.5.9access, which would also provide access to maintain the gas pipeline. Access to the northern end of the Gas Connection would be available via the Power Generation Plant laydown area.

Electrical Connection

The Electrical Connection extends to 0.59ha and is approximately 686m in 3.5.10length. The cable would run from the banking compound within the Power Generation Plant and lie within estate roads and pavements to the south and west of the area required for the Power Generation Plant, extending into the Rhigos Substation currently being built by National Grid.

Main Avenue is a publically adopted highway, whilst Fourteenth Avenue is 3.5.11publically adopted in part, with the remainder privately owned and maintained by NGET.

Other laydown areas, accesses, temporary structures and lighting may be 3.5.12required for the construction of the Gas Connection and Electrical Connection.

Description of the Project and Stages 3.6

The Project and its key elements is described in full below. Additional 3.6.1description can be found in individual topic chapters of the Environmental Statement (Document Reference 6.1.0) and other documents which provide detail particular to the topics of those documents.

The Power Generation Plant

This corresponds with Work Nos 1 and 2 (all) in the draft DCO. 3.6.2

The development for Work No. 1 would involve the demolition of existing 3.6.3buildings and structures, including foundations, hardstanding and services. The culverted watercourse running through the site is likely to be left undisturbed and development set back from it, but any modification to it would be the subject of a separate Ordinary Water Course application to RCTCBC.

The development for Work No. 2 would comprise either 1 or 2 industrial Gas 3.6.4Turbine Generator units (GTGs) or 3-5 aero-derivative GTGs. These would be used to develop the Power Generation Plant which would operate as a simple cycle gas turbine (SCGT) plant with the Project providing a combined nominal gross electrical output of up to 299 MWe. The mode of operation would be a ‘peaking’ plant. This means that the Power Generation Plant would operate for up to a maximum of 1,500 hours per annum and be called upon when it is


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required to provide support to the electricity grid. Typically, therefore, peaking plants do not operate for long periods of time, and most commonly during the working day and working week.

The exhaust gases and waste heat produced as part of the combustion 3.6.5process would be emitted to the atmosphere by flue stacks. Typically, each GTG unit would have its own dedicated stack. However, if the chosen configuration contains two separate turbines connected to one generator, the exhaust stacks from these individual turbines may be combined into one. Therefore, in total, the Power Generation Plant would have between one and five emission flue stacks which would each be between 30m and 35m in height.

Other key structures and items of plant forming the Power Generation Plant 3.6.6include:

Demineralised Process Water Tank: One water tank would be required to store process water which would be used as make up for the gas turbine generators. High purity (demineralised) process water would be tankered in to the Power Generation Plant Site and stored in water tanks.

Fire Water Tank: The fire water storage tank would be designed to comply with the relevant fire regulations and would be installed together with fire pumps, hose reels, fire hydrants and portable extinguishers.

Administration, Workshop and Store Building: To store certain strategic and routine maintenance spares and to provide a facility for carrying out minor maintenance of the plant;

Control Building: Required in order to monitor the plant operation and house plant controls;

Security infrastructure: including cameras, perimeter fencing and a gatehouse to provide safety and security and restrict and log site attendance, deliveries etc

Lighting infrastructure, roadways and parking:

A blackstart generator: a diesel powered generator to enable quick starts;

Telemetry apparatus

A Switchyard/Banking Compound: containing up to eight transformers and a Gas Insulated Switchgear (GIS) building and other equipment to connect the electrical infrastructure from the Power Generation Plant to transformers before export to the National Grid;

A Natural Gas Receiving Station and Compound: Required to process gas coming from the NTS to feed into the Power Generation Plant Site at the right flow and pressure conditions.


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Containing a pipeline inspection gauge (PIG) receiving facility; isolation valve; and control and instrumentation kiosk;

A Bat mitigation structure/house: identified as necessary to provide roosting habitat for bats, a protected species; and

Any small ancillary structures or plant necessary for the operation of the Power Generation Plant, such as fire equipment points.

dimensions below shows the dimensions of key structures and items of plant, 3.6.7as assessed in the Environmental Statement using the ‘Rochdale envelope’ approach.

The illustrative plans, elevations and sections provided with the application 3.6.8(Document references 2.4-2.6) represent neither the minimum nor maximum dimensions of key structures but represent indications as to potential ways of constructing the Project within the envelope that is assessed and for approval. Similarly, the Design and Access Statement (Document Reference 10.2.0) takes these indicative dimensions to create further visual representations of ways of building the Project .

Table 1 – Key structures and items of plant and their assessed dimensions

Building or Structure

Maximum height (metres above existing site level of 211m AOD)

Minimum height (metres above existing site level of 211m AOD))

Maximum length (metres)

Maximum width (metres)

Each gas turbine generator (where one or two gas turbine generators are constructed) (Part of Work No. 2A)

19 - 30 30

Each gas turbine generator (where three, four or five gas turbine generators are constructed) (part of Work No. 2A)

10 - 36 23

Each exhaust gas emission flue stack (part of Work No. 2A)

35 30 - -

Control room/office/workshop (part of Work No. 2B)

6.0 - 29.0 23.0

Gas receiving station (part of Work No. 2B)

3.0 50.0 46.0

Black start diesel generator (part of Work No. 2B)

5.0 - 13.0 5.0


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Gate house (part of Work No. 2E)

4.5 - 9.0 8.0

Banking compound (Work No. 2C)

11.3 - 60 60

Switchgear Building (part of Work No. 2C)

11.3 - 21.0 15.0

Demineralised water tank (part of Work No. 2E)

16.0 - 23.0 23.0

Raw/fire water tank (part of Work No. 2E)

18.0 - 15.0 15.0

Bat mitigation structure (part of Work No. 2E)

6.0 - 10.0 5.0

Above Ground Installation compound (Work No. 4A)

3.0 - 72.0 52.0

Pipeline inspection gauge facility (part of Work No. 4A)

2.0 - 36.0 27/0

Minimum offtake connection (part of Work No. 4A)

2.0 - 36.0 25.0

That area of the Power Generation Plant lying to the south of Main Avenue 3.6.9includes two single storey buildings (known as Building 4 and Building 6), beyond which lies two former car parks, one of which is not enclosed by a fence (rear or Building 4). This area will be cleared to be suitable for use as a site establishment and construction laydown area, and retained for use for unscheduled maintenance of larger plant items such as transformers and Gas Turbine Generator(s). An existing footpath crossing the area from north to south would be diverted to the edge of the site, as shown in the Right of Way, Streets and Access Plan (Document Reference 2.7). This is not shown on the definitive map but may represent a right of way through usage and due to this uncertainty would be retained and diverted permanently in part to follow the eastern edge of the site, for safety and amenity.

In developing the Power Generation Plant it is likely to be necessary to 3.6.10remove some trees and/or hedgerow - although such removals will be minimised as they lie at the edges of the site and existing accesses will be re-used and only one new access created, to the south of Main Avenue where trees do not currently stand. Removals could be required for construction access or to avoid damage to structures in the future or in connection with changing existing accesses. Drainage and waste management infrastructure, landscaping and ecological mitigation would also be developed. Indicative proposals for such works are shown in the Design and Access Statement and referred to in the mitigation schedules in the Environmental Statement and Requirements (Document Reference 3.1, Schedule 2). The Design Principles Statement (Document Reference 10.2.0, Appendix 2) would govern the prior approval and implementation of detailed designs for such works.


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Dimensions of key items described above, along with additional description of 3.6.11technological characteristics and an outline of the construction sequence and techniques are provided in Section 4 of the Environmental Statement (Document Reference 6.1.0).

The Gas Connection

This corresponds with Work Nos. 3 and 4 in the draft DCO. 3.6.12

Work No. 3 would comprise an underground gas pipeline connection and 3.6.13telemetry cabling to connect the natural gas receiving station in the Power Generation Plant to an above ground installation (AGI). The diameter of the gas pipeline would be approximately 10 inches (25.4cm). The permanent right required for the Gas Connection would be approximately 10m in width, whereas the construction footprint required would be of the order of 30m in width on agricultural land but wider at crossing points. The gas pipeline would be buried to a depth of cover which is in accordance with recognised industry standards and subsequently backfilled or, where necessary due to local topography, directionally drilled.

Work No. 4 would comprise the AGI which would incorporate Work No. 4A, a 3.6.14minimum offtake connection compound (MOC) with a remotely operable valve, a control and instrumentation kiosk and electrical supply kiosk and a PTF, comprising a PIG launching facility, emergency control valve, isolation valve and control and instrumentation kiosk, and electricity supply kiosk and security infrastructure, including cameras and perimeter fencing; and Work No. 4B, a permanent access to the A4061.

The MOC would be constructed, owned and operated by NGC, and the PTF 3.6.15would be constructed, owned and operated by HPL.

In developing the Gas Connection it is likely to be necessary to remove some 3.6.16trees and/or hedgerow although such removals will be minimised. Drainage, waste management, site accesses for construction and landscaping and, if required, ecological mitigation, would be developed. Indicative proposals for such works are shown in the Design and Access Statement and referred to in the mitigation schedules in the Environmental Statement and Requirements (Document Reference 3.1, Schedule 2). The Design Principles Statement (Document Reference 10.2.0, Appendix 2) would govern the prior approval and implementation of detailed designs for such works.

Dimensions of key items described above and depths, along with additional 3.6.17description of technological characteristics and an outline of the construction sequence and techniques, are provided in Section 4 of the Environmental Statement (Document Reference 6.1.0).

The Electrical Connection

This corresponds with Work No. 5 in the draft DCO and would comprise the 3.6.18laying of an underground 400kV electrical cable, approximately 0.7km in


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length and telemetry cabling between the Power Generation Plant and the Rhigos substation in open trench that would be subsequently backfilled.

Dimensions and depths of cover along with additional description of 3.6.19technological characteristics and an outline of the construction sequence and techniques are provided in Section 4 of the Environmental Statement (Document Reference 6.1.0).

Project Stages

The Environmental Statement describes the Project Stages in line with NPS 3.6.20EN-1 4.2.3. In summary these can be described as follows:

Construction of the Project would take around 22 months, but could be shorter or longer depending on the final choice of plant selected.

Upon Commissioning, the Power Generation Plant would be operating on a commercial basis (‘Operation’). Following the end of the operational life of the Project, it could be decommissioned or re-powered depending on factors such as the nature of the electricity market and energy mix at the time.

Decommissioning would comprise of the demolition and removal of all Power Generation Plant items. It is likely that some underground structures (e.g. gas and electrical connections) would be left in situ to avoid adverse environmental impacts.

A timeline setting out key milestones in the design of the Project and 3.6.21preparation of the DCO Application is provided at Table 2.3 in the Consultation Report (Document Reference 5.1.0) and is summarised as follows:

Site Selection – to May 2013

EIA Scoping and Non Statutory Consultation – Jul 2012 to Jul 2013

Refinement of Design – May 2013 to Oct 2013

Statutory Consultation – Sept 2013 to Jan 2014

Detailed Assessment and Consultation Review – Nov 2013 to Feb 2014

Submission of DCO Application – March 2014

In envisaged that, if the Order were made (in mid-2015), and subject to the 3.6.22Capacity Mechanism auction operating successfully, financing would be completed by 2016 to enable construction to take place for a period of approximately 22 months. The Project should therefore be operational by around 2019 and is intended to have a 25-year lifespan. It has been considered that a five-year time limit for commencement of development is likely to be feasible based on current understanding of the anticipated market regime, but a number of variables remain associated with the above indicative timescales.


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Requirement for Development Consent and for Environmental Impact 3.7Assessment

As the generation capacity of the Project will exceed 50MWe it is classed as 3.7.1an NSIP and therefore Development Consent is required under the PA 2008.

Development Consent for a NSIP may only be granted by a DCO through an 3.7.2application under Section 37 of the PA 2008 to the Secretary of State (SoS). Section 37 of the PA 2008 also governs the content of an application for a DCO, including the requirements for the necessary accompanying documents. These requirements are specified in the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (“APFP Regulations”).

The Infrastructure Planning (Environmental Impact Assessment) Regulations 3.7.32009 (the EIA Regulations) require an EIA to be carried out in respect of development that is classed as EIA development. All development in Schedule 1 to the EIA Regulations (“Schedule 1 development”) requires EIA. Development in Schedule 2 to the EIA Regulations (“Schedule 2 development”) requires EIA if it is likely to have significant effects on the environment.

The definition of a Schedule 1 development includes thermal generating 3.7.4stations with a heat output of 300 MWth or more (Schedule 1 paragraph 2(a)).

The thermal output of the Power Generation Plant will be greater than 3.7.5300MWth and therefore an EIA will be required under the EIA regulations2.

Section 5(2)(a) of the APFP Regulations requires that any Environmental 3.7.6Statement (ES) required pursuant to the EIA Regulations, together with any scoping or screening opinions or directions, must accompany the DCO Application.

Composition of the DCO Application 3.8

Application below provides a guide to the documents that HPL is submitting as 3.8.1part of its DCO Application. As well as providing a list of the main application documents, it also identifies where documents are submitted in order to comply with a relevant legislative or policy requirement.

The legislative requirements for applications for a DCO are principally 3.8.2contained in the Planning Act 2008, the APFP Regulations and the EIA Regulations.

Regulation 5 in the APFP Regulations sets out the documents that all 3.8.3development consent applications must include and Regulation 6 sets out the documents that particular types of development consent applications must include – those relating to generating stations are relevant to the Project.

2 Thermal output is commonly defined as the amount of ‘useable heat’ which is produced as part of the process of the combustion of

fuel. Only a part of this useable heat can be converted to electrical energy, which is why this is a larger value than electrical output.


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References in Table 1 below such as "Reg. 5(2)(b)" are to the APFP Regulations and those such as "S.37(3)(c)" are to the Planning Act 2008.

Regulation 5 of the APFP Regulations includes a category described as "any 3.8.4other documents considered necessary to support the application" (Reg. 5(2)(q)). Similarly Regulation 5 also allows HPL to submit other plans, drawings and sections which are necessary to describe the Project (Reg. 5(2)(o)). The documents provided by HPL and marked as relating to those two paragraphs of the APFP Regulations are therefore not statutorily required but are those which HPL considers necessary to support the DCO Application.

The DCO Application submitted for the Project complies with the requirements 3.8.5of the Planning Act 2008, the APFP Regulations, the EIA Regulations and applicable Secretary of State and Planning Inspectorate guidance, including in particular Planning Inspectorate Advice Note 6 (Preparation and submission of application documents, June 2012).

The Explanatory Memorandum (Document Reference 3.2) explains the key 3.8.6provisions in the draft DCO (Document Reference 3.1). Of particular relevance to planning considerations are the commitments are made in the DCO Application which include:

The DCO Requirements (Schedule 2 to the Draft DCO, Document Reference 3.1 – described further below)

Outline Construction Environmental Management Plan (CEMP) (Document Reference 6.2.0, Appendix 4.1)

Draft Lighting Strategy (Document Reference 6.2.0, Appendix 11.2)

Outline Landscaping Proposals (Document Reference 6.3.0, Figure 11.5)

The Design Principles Statement (Document Reference 10.2.0, Appendix 2)

The draft Requirements are summarised and explained in the Explanatory 3.8.7Memorandum (Document Reference 3.2). Discussions have been held with RCTCBC and the Department for Transport of the Welsh Government during the drafting of the Requirements. In particular, suggestions provided have been reflected in relation to Requirements for Contaminated land and groundwater, Construction traffic and Construction hours, as well as the proposed Procedure for discharge of provisions/requirements (contained in Schedule 10 of the draft DCO). The applicant has in general sought to propose reasonable and appropriate controls necessary to the acceptability of the proposed development, in line with established law and practice.


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Table 2 – Composition of the DCO Application

Application Document Reference

Application Document Name Statutory / Other Requirement for Document

Category 1 Application Form

1.1.0 Introduction to the Applicant and the Application (this document)

Reg. 5(2)(q)

1.1.1 Introduction to the Applicant and the Application (this document) (Welsh Translation)

Reg. 5(2)(q)

1.2.0 Application form S.37(3)(b) and Reg. 5(1)

1.3.0 Copies of newspaper notices Reg. 5(2)(q) and PINS Advice Note 6

Category 2 Plans / Drawings / Sections

2.1 Location and Existing Site Layout Plan

Reg. 5(2)(o)

2.2 Land Plans

Reg. 5(2)(i)

2.3 Works Plans Reg. 5(2)(j)

2.4 Indicative Site Layout Plan

Reg. 5(2)(o)

2.5 Drawings Showing Illustrative Design And External Appearance of Proposed Buildings/Structures

Reg. 5(2)(o)

2.6 Indicative Elevation and Section Plans of Proposed Buildings and Structures

Reg. 5(2)(o)

2.7 Right of Way, Streets and Access Plan

Reg. 5(2)(k)

Category 3 Draft Development Consent Order

3.1 Draft Development Consent Order

Reg. 5(2)(b)

3.2 Explanatory Memorandum Reg. 5(2)(c)


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Category 4 Compulsory Acquisition Information

4.1 Statement of Reasons

Reg. 5(2)(h)

4.2 Funding Statement

Reg. 5(2)(h)

4.3 Book of Reference

Reg. 5(2)(d) and Reg. 7

Category 5 Reports / Statements

5.1.0 Consultation Report

S.37(3)(c)

5.1.1 Consultation Report NTS

S.37(3)(c)

5.1.2 Consultation Report NTS (Welsh Translation)

S.37(3)(c)

5.2.0 Flood Risk Assessment

Reg. 5(2)(e)

5.2.1 Flood Risk Assessment Summary (Welsh Translation)

Reg. 5(2)(e)

5.3.0 Statement of Engagement of Section 79(1) of the Environmental Protection Act 1990

Reg. 5(2)(f)

5.4.0 Details of Other Consents and Licences

Reg. 5(2)(q) and PINS Advice Note 6

5.5.0 No Significant Effects Report Reg.5(2)(g)

Category 6 Environmental impact assessment and habitats regulations information

6.1.0 Environmental Statement Reg. 5(2)(a) and Infrastructure Planning (Environmental Impact Assessment) Regulations 2009. Document 6.1.0 includes


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within it the following: (i) Assessment of any effects on sites or features of nature conservation (etc), at ES Section 8 Ecology, subsection 8.11 (Reg.5(2)(l)); and (ii) Assessment of any effects on sites or features of the historic environment, at Section 14 Archaeology and Cultural Heritage, subsection 14.11 (Reg.(5)(2)(m)).

6.2.0 Environmental Statement Appendices

Reg. 5(2)(a) and Infrastructure Planning (Environmental Impact Assessment) Regulations 2009. Document 6.2.0 includes within it the following: (i) Environmental impact scoping report and scoping opinion at ES Appendix 1.1 and Appendix 1.2 (Reg.5(2)(a));

6.3.0 Environmental Statement Figures

Reg. 5(2)(a) and Infrastructure Planning (Environmental Impact Assessment) Regulations 2009. Document 6.3.0 includes the following (i) Plans showing sites or features of nature conservation (etc) at Figures 8.1 – 8.2 (Reg.5(2)(l)); and


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(iii) Plans showing sites or features of the historic environment at Figure 14.11 (Reg.5(2)(m)).

6.4.0 Environmental Statement Non-Technical Summary

Reg. 5(2)(a) and Infrastructure Planning (Environmental Impact Assessment) Regulations 2009.

6.4.1 Environmental Statement Non-Technical Summary (Welsh Translation)

Reg. 5(2)(a) and Infrastructure Planning (Environmental Impact Assessment) Regulations 2009.

Category 7 Photographs

7.1 Photographs and Photomontages

Reg.5(2)(q)

7.2 Plans Identifying Locations and Directions of Photographs

Reg. 5(2)(q)

7.3 Index of Photographs

Reg. 5(2)(q)

Category 8 Not Used

- Documents were removed from category 8 and redistributed within the other categories.

-

Category 9 Additional Information for Specific Types of Infrastructure

9.1 Grid Connection Statement

Reg.5(2)(p) and Reg.6(1)(a)

9.2 Gas Connection Statement

Reg.5(2)(p) and Reg.6(1)(a)

Category 10 Other Documents

10.1.0 Planning Statement Reg. 5(2)(q)


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10.1.1 Planning Statement Summary (Welsh Translation)

Reg. 5(2)(q)

10.2.0 Design and Access Statement

Reg. 5(2)(q)

10.3.0 Health Impact Assessment

Reg. 5(2)(q)

10.3.1 Health Impact Assessment Summary (Welsh Translation)

Reg. 5(2)(q)

Requirement for other consents 3.9

Other consents are required in order for the Project to be constructed and 3.9.1subsequently operate. The Details of Other Consents and Licences (Document Reference 5.4.0) sets out the additional consents required and when they will be applied for. These additional consents and licenses are identified below:

Electricity Generation Licence

As required under s.6 of the Electricity Act 1989. This will be required at the 3.9.2operational stage of the Project in relation to generating activities and would be obtained from OFGEM.

Advanced Reservation Capacity Agreement

This is a commercial agreement with National Grid for the supply of natural 3.9.3gas to the power plant. This would be progressed after the DCO has been made.

Bilateral Connection Agreement

This is a commercial agreement with National Grid to connect the Project to 3.9.4the National Electricity Transmission System. An application was accepted by National Grid on 10th January 2014. National Grid must provide HPL with a connection offer on or before 10th April 2014 at which point HPL have a further 3 months to accept the offer. This application is discussed in more detail in the Grid Connection Statement (Document 9.1)


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Network Exit Agreement

This is a commercial agreement with National Grid as to the technical and 3.9.5operational conditions for the connection point to the National Transmission System. This would be progressed after the DCO has been made.

Building Regulations Approval

This would be required from RCTCBC. Applications will be made following 3.9.6making of the DCO if the regulated activities are confirmed to be required within the Order land.

Environmental Permit

As required by the Environmental Permitting (England and Wales) Regulations 3.9.72010 as amended, HPL will submit an application for an Environmental Permit, required to operate the Project, to Natural Resources Wales. HPL has been in discussions with NRW about an EP and supplied NRW with detailed information in relation to the same. HPL is seeking to produce a Statement of Common Ground with NRW before any Examination of the DCO Application to address anticipated EP requirements.

Health and Safety related consents

As required by the Health and Safety at Work Act 1974 and subsidiary 3.9.8legislation (including the Pressure Systems Safety Regulations 2000). Applications would be made to the Health and Safety Executive (HSE) Applications by the contractor before construction commences where appropriate.

3.9.9

European Protected Species Licence

A licence under the Conservation of Habitats and Species Regulations 2010 3.9.10(as amended) will be required for the demolition of four buildings and associated mitigation works to construct a new bat house and 35 bat boxes on trees around the Power Generation Plant Site boundary. Further details of the timing and exact nature of the construction works is required before a full application can be made. An outline application has been submitted to Natural Resources Wales and they have responded stating in correspondence dated 20.3.14 that “In principle, and based upon the current nature of bat use and delivery of the commitments set out within the method statement, Natural Resources Wales is of the view that the proposed project will not cause detriment to the maintenance of the favourable conservation status of the bat species present”.

Ordinary Water Course Consent

A consent under the Land Drainage Act 1991, as amended by the Flood and 3.9.11Water Management Act 2010, may be required in relation to works likely to


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cause an obstruction to flow or restrict storage in connection with the existing culvert that underlies the Project Site (numbered work 2G in the draft DCO (Document Reference 3.1)).

Further details of the exact nature of the works are required before an 3.9.12application can be made to RCTCBC. These details will not be available until detailed micro-siting takes place. Discussions with RCTCBC are ongoing to ensure the design of any works is compatible with requirements under flood and drainage and Water Framework Directive regulations.

Permit for transport of abnormal loads

Required for the delivery by road of loads that fall outside standard practice (if 3.9.13required) under the (Authorisation of Special Types) (General) Order 2003 or with authorisation from the Secretary of State under the Road Traffic Act 1988, or the Department for Transport, Highways Agency, Local Highway Authority or the police and bridge owners (if any) as appropriate/

This has not been sought in the DCO as it will be dealt with in the Construction 3.9.14Transport Management Plan and appropriate applications will be made by the contractor before construction commences. A requirement in the draft DCO (Document Reference 3.1, Schedule 2) also sets out a prior approval process for the route of any abnormal loads to be agreed with the Department for Transport of the Welsh Government.

Permit to emit CO2

The Greenhouse Gas Emissions Trading Scheme Regulations 2012 3.9.15require any operator that carries out a 'regulated activity' to have a permit. Regulated activities include combustion that uses large amounts of energy or generate large amounts of CO2 (under Annex 1 of Directive 2009/29/EC) and so will capture the Project unless an exemption applies.

Planning Permission for the remainder of the Electrical Connection

Once NGET has determined the location of the sealing end compound within 3.9.16the Rhigos Substation, either permitted development rights will apply for the remaining part of the cable and the sealing end compound or express planning permission will need to be obtained from RCTCBC. This cannot be progressed until NGET has identified the location of the sealing end compound.

Section 61 consent

Required to control noise on construction sites under the Control of 3.9.17Pollution Act 1974. Application(s) would be made to RCTCBC, by the contractor before construction commences, if required for the Project site or parts thereof.


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Temporary Road Traffic Orders and other Street Works Consents

Under the Road Traffic Regulation Act 1984, New Roads and Street Works 3.9.18Act 1991, applications would be made to the relevant Highway Authority, where necessary in respect of the regulation of traffic in order to progress any street works. This would be progressed after the DCO is made.

Trade Effluent Discharge Consent

Under the Water Industry Act 1991, applications would be made to the 3.9.19Sewerage Undertaker prior to commencement of operations, if the regulated activities are confirmed to be required within the Order land.

Safety Regulations Compliance – General

Under the Pipelines Safety Regulations 1996 and the Gas Safety 3.9.20(Management) Regulations 1996, an application would be made to the HSE by the contractor before construction commences.


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4 The Need for the Project

This section sets out why the Project is needed, as a viable proposal to 4.1.1contribute materially towards improving the reliability of electricity supply in the UK both in the short term and over a longer period.

When determining a DCO Application the SoS must have regard to, inter alia, 4.1.2any relevant National Policy Statements (NPSs) designated in respect of that type of infrastructure. Further explanation of the decision-making process under the PA 2008 is set out in Section 5.1.

The overarching NPS for Energy is NPS EN-1 which is one of the relevant 4.1.3NPSs for this Project, alongside EN-2 and EN-4. EN-1 sets out national policy for energy infrastructure and explains the UK-wide need for such infrastructure.

Need for flexible gas fired power station infrastructure 4.2

NPS EN-1 re-affirms the transitional role of new gas generation, confirms that 4.2.1a diverse energy mix is required and that there is a significant need for new energy generation infrastructure to replace capacity that will be lost through the closure of existing large coal plants. Indeed it states that the decision-maker ‘should start with a presumption in favour of granting consent to applications for energy NSIPs’ (paragraph 4.1.2).

Paragraph 3.6.1 of NPS EN-1 confirms that gas generation will play an 4.2.2important role in the UK's energy mix, stating "Fossil fuel power stations play a vital role in providing reliable electricity supplies: they can be operated flexibly in response to changes in supply and demand, and provide diversity in our energy mix. They will continue to play an important role in our energy mix as the UK makes the transition to a low carbon economy...". Similarly Paragraph 1.1.1 of NPS EN-2 states “Fossil fuel generating stations play a vital role in providing reliable electricity supplies and a secure and diverse energy mix as the UK makes the transition to a low carbon economy.”

NPS EN-1 therefore establishes the general need case for energy NSIPs, 4.2.3including gas generation.

NPS EN-2 does not repeat or add to the needs case set out in NPS EN-1, but 4.2.4provides additional policy criteria and assessment principles relevant to fossil fuel generating stations. Notably, it states that “the Government does not seek to direct applicants to particular sites for fossil fuel generating stations” in contrast, for example, to NPS EN-6 (Nuclear Power Generation).

The NPSs have been informed by and followed by other government policy 4.2.5and evidence as to the need for viable proposals to contribute towards greater reliability of electricity supply in Wales and the UK. These are covered in chronological order, followed by a discussion.


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Evidence as to the need for ‘peaking’ plant is provided by the Parsons 4.2.6Brinckerhoff 2009 report “Powering the Future”3 which seeks to map a route to a low carbon economy. This has predicted that up to 9,000 MW of flexible power would be needed by 2050 to help stabilise the National Grid due to the increased level of intermittent supply, such as the large number of wind turbines that are now providing electricity to the National Grid and the many proposals for further wind turbines onshore and offshore, coupled with proposed solar farm developments.

A substantial scale of wind farm development, and a number of recent 4.2.7applications for solar farms, is evident within Rhondda Cynon Taf and is indicative of the wider situation in the UK. Installed wind capacity in Wales stands at 481MW (2013, Renewables UK) but as set out in Section 5.4 of this document, in Rhondda Cynon Taf alone proposals amounting to over 200MW are commencing construction in 2014.

The Welsh Government policy statement ‘A Low Carbon Revolution: Wales’ 4.2.8Energy Policy Statement, March 2010’ reflects, in terms of energy production, the work of the UK Climate Change Commission and the UK National Policy Statements on Energy and Renewables. The statement sets out a framework for carbon reduction in Wales, provides targets and advice to LPAs for implementation of policy into LDPs. In particular it aims to maximise energy savings and energy efficiency to make producing the majority of the energy that Wales needs from low carbon sources that are feasible and less costly. The statement recognises energy needs in a modern society will remain considerable.

The ‘Electricity Market Reform White Paper – Planning our electric future: a 4.2.9White Paper for secure, affordable and low-carbon electricity’ (DECC, 2011) “sets out the Government’s commitment to transform the UK’s electricity system to ensure that our future electricity supply is secure, low-carbon and affordable”. A key part of this wide ranging reform is the introduction of a ‘Capacity Mechanism’ in order “to guarantee future security of electricity supply as a quarter of ageing plant closes during this decade and the proportion of intermittent or less flexible low-carbon generation rises” (paragraph 1.35).

The White Paper sets out, at page 24, a vision for the Electricity System 4.2.10following reform, in which it is stated “The electricity grid has evolved to accommodate more localised and intermittent sources of generation, as well as being smarter and more responsive.”. A significant focus of the White Paper is to decarbonise electricity generation in the long term, although it is acknowledged at paragraph 2.4.23 that “we are going to need new, unabated gas in the next few years”.

In the second Annual Energy Statement (AES) (2011), DECC reiterated the 4.2.11need to build new power generation infrastructure and acknowledged the need for gas to continue to feature strongly in the energy mix, and also stated that

3 Available to view and download at http://www.pbworld.com/regional/uk_europe_specialty/powering_future.aspx

http://www.pbworld.com/regional/uk_europe_specialty/powering_future.aspx


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while it is important that businesses play their part in the transition to a low-carbon economy, it is also important that they remain competitive.

‘The Carbon Plan - delivering our low carbon future’ (HM Government, 2011) 4.2.12sets out the Coalition Government’s policies for how the UK will achieve decarbonisation within the framework of its energy policy; making the transition to low carbon economy while maintaining energy security, and minimising costs to customers. Paragraph 2.146 of the Plan recognises that the nature of the electricity network will need to change so that it becomes smarter at balancing demand and supply as generation/supply become more

intermittent and demand increases. In light of this the Plan states that on the

way to 2050, some flexible fossil fuel plant is likely to be needed to ensure security of supply. Paragraph 2.147 states that over the next decade, the UK will need to invest in new generation capacity to replace the coal and nuclear power stations that are set to close by the early 2020s in order to maintain our energy security, while meeting our legal commitments to reduce carbon emissions and increase renewable electricity generation. Paragraph 2.148 goes on to outline that to do this, the coming years will see a continuation of previous trends, which will include more switching from coal to gas-powered generation. Thus the Carbon Plan reinforces the position set out in the White Paper and acknowledges that to meet our energy security needs and make the transition to a low carbon economy, gas will continue to play a valuable role.

‘Energy Wales – a Low Carbon Transition’ (Welsh Government, March 2012) 4.2.13states at page 10 that “Gas will be a key transitional fuel because greenhouse gas emissions from gas are significantly less than coal subject to the method of extraction. Gas is a flexible, responsive and reliable source of energy which can play a key role in the transition to a genuinely low carbon energy system”. In the short term, gas, nuclear and bio-energy will provide the energy to compensate for the intermittency in supply from renewable resources”.

‘Electricity System: Assessment of Future Challenges – Annex (DECC, August 4.2.142012)’ seeks to fully understand the implications of the challenges posed by moving to an energy mix with a greater proportion of intermittent and less flexible generation and identify means of addressing them. The overall aim is to ensure that the electricity system can facilitate future low carbon generation and expected increases in electricity demand in the most secure and affordable way, with the most efficient use of assets. Again, there is acknowledgement of the continued role for unabated gas fired generating plant. Paragraph 3.8 states that over the next two decades, gas will continue to play a key role in the UK’s energy mix alongside other lower carbon electricity sources. The paragraph goes on to state that new gas generation capacity will be needed to ensure security of supply, and to balance the electricity system as more low carbon technology becomes available.

The ‘Electricity Capacity Assessment’ (Ofgem, submitted to the Secretary of 4.2.15State in October 2012) estimates a set of plausible electricity capacity margins that could be delivered by the market over the next four years and the


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associated risks to security of supply. One of the key findings of the Ofgem report is that electricity supply will decrease significantly from the current historically high levels due to the expected closures of coal and oil plants, which are due to close. An updated Electricity Capacity Assessment report issued by Ofgem in June 2013 has indicted that the risks to electricity security of supply over the next six winters have increased since the report in October 2012.

The ‘Gas Generation Strategy’ (DECC, December 2012) consolidates the 4.2.16range of government policy as set out above in setting out the important role for gas generation. It is stated that as a reliable, flexible source of electricity it will play a part in any future generation mix, supporting a secure, low-carbon and affordable electricity system. It states that “Gas currently forms an integral part of the UK’s generation mix and is a reliable, flexible source of electricity. Using gas as a fuel in our power stations currently provides a significant proportion of our electricity generation (around 40% in 2011)”. Moreover, it suggests that there could be as much as 26 gigawatts (GW) of new gas generation infrastructure required if the decarbonisation target is set at 200g/CO2/kWh. It also indicates that in 2030 we could need more overall gas capacity than we have today, although operating at lower load factors, reflecting the role of ‘peaking’ plant in backing up intermittent sources of energy generation. The modelling shows that gas could play a more extensive role, with higher load factors, should the 4th Carbon Budget be revised upwards (Executive Summary). The strategy also presents scenarios which indicate that up to 41 GW of new gas generation capacity will be needed by 2030 to underpin long term electricity supplies and provide back-up to nuclear and wind generation at times of peak demand (Table 2A).

The National Infrastructure Plan (HM Treasury, December 2013) provides 4.2.17explicit support for this type of project, stating: “New (unabated) gas plant is also needed and will be vital in supplying a backup for less flexible renewable generation and ensuring that the system can meet peak electricity demand.” The Plan further provides that since 2011 8 per cent of generating capacity has closed and a further 10-12 per cent of current power generating capacity is due to close over the coming decade which will lead to an increase in the probability of a supply disruption. It is stated at paragraph 1.36 that “Large scale investment in gas and low carbon generation technologies is therefore vital in order to replace our ageing energy infrastructure and maintain secure energy supplies. It is also essential to meeting the UK’s legally binding targets to cut emissions by at least 80 per cent by 2050 and to source 15 per cent of its energy from renewable sources by 2020.”

Discussion 4.3

It can be seen that an array of government policy in Wales and UK-wide 4.3.1acknowledges the need for the electricity generation mix to incorporate a balance of technologies that reliably produce stable and controllable power during the transition to a low carbon economy.


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The role of gas-fuelled electricity generating technologies is acknowledged 4.3.2throughout, with recognition given to the flexibility of gas generation in meeting ‘peak’ loads and enabling the grid to accommodate more intermittent, low carbon sources such as wind generation. This need is UK-wide due to the national electricity system and the wide dispersal of intermittent sources.

At present, thermal peaking capacity in the UK is relatively small due to the 4.3.3nature of the electricity generation mix on the Grid. Although recently there has been a significant increase in the number of proposals for flexible / peaking plant in the UK, a large proportion of these are focussed on small capacity (c 20MWe) liquid fuel fired plants such as the Green Frog plant located at Hirwaun Industrial Estate.

Moreover there are thought to be limitations as to the suitability of the existing 4.3.4fleet of older gas fired plants for peak load operation. It is recognised at page 28 of the White Paper that “frequent stop/start and fast ramp-up operations do have a significant impact on maintenance costs”. The detailed implementation proposals for the Capacity Mechanism may impose penalties for poor performance that is likely to limit the likely viability of plant with long ramp-up times or that which is prone to unreliability in participating.

In conclusion, there is clearly a significant requirement for further gas 4.3.5generation capacity to provide reliable, flexible, and ‘peaking’ generation. The development of the Project, a dedicated gas fired peaking plant and integral electrical and gas connections, would allow for the rapid, reliable and viable provision of reserve capacity to the National Grid, supporting the transition to a low carbon economy by balancing some of the considerable scale of intermittent sources such as wind being developed UK-wide, and playing an important role in meeting the UK’s national energy requirements.


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5 Planning context

Decision making under the Planning Act 2008 5.1

Under the Localism Act 2011 the Planning Inspectorate (PINS) became the 5.1.1agency responsible for operating the planning process for NSIPs (previously it had had this role whilst also being the decision maker). As the Examining Authority (ExA) PINS conducts certain pre-application and application procedures (such as EIA Scoping consultation and conducting acceptance checks when the DCO Application is submitted) and the examination.

The examination is a predominantly written process led either by a single 5.1.2appointed person or a panel, who submit a report with their recommendation on an application to the relevant SoS who will take the final decision as to whether to make a DCO for a proposed project and in what terms. The relevant SoS for the Project is the Secretary of State for Energy and Climate Change.

Section 104 of the PA 2008 provides that in making decisions on DCO 5.1.3applications, the SoS must have regard (amongst certain other documents and matters) to any relevant NPS and must decide applications in accordance with such a relevant NPS(s) unless the adverse impacts of the proposal would outweigh its benefits (or in certain other limited circumstances).

As set out in NPS EN-1, ‘this NPS, when combined with the relevant 5.1.4technology-specific energy NPS, provides the primary basis for decisions’ (paragraph 1.1.1) and that the SoS ‘should start with a presumption in favour of granting consent to applications for energy NSIPs’ (paragraph 4.1.2).

Section 104 of the PA 2008 also requires the SoS to have regard to any Local 5.1.5Impact Report and other matters which the SoS “thinks are both important and relevant to the Secretary of State’s decision”. Paragraph 4.1.5 of NPS EN-1 states “other matters that the SoS may consider both important and relevant to [his] decision making (see paragraph 2.3.2 above) may include Development Plan Documents or other documents in the Local Development Framework. In the event of a conflict between these or any other documents and an NPS, the NPS prevails for purposes of decision making given the national significance of the infrastructure”.

NPS EN-1 - The Overarching National Policy Statement for Energy is a 5.1.6relevant NPS for any energy NSIP, along with the relevant technology specific NPS. For the DCO Application this includes NPS EN-2 National Policy Statement for Fossil Fuel Electricity Generating Infrastructure. and NPS EN-4 - National Policy Statement for Gas Supply Infrastructure. It may be noted that NPS EN-5 does not directly relate to the Project, since its electrical infrastructure is to be predominantly underground with no associated development. However NPS EN-5 may be of relevance and so is referred to where relevant in this document.


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Section 5.2 of this document describes the range of relevant policy criteria set 5.1.7out in the NPSs noted above. A range of UK, Wales and local policy designations and evidence that may be of relevance to decision making is then set out in Section 5.3.

Government policy criteria identified in NPSs EN-1, EN-2 and EN-4 5.2

Paragraph 4.1.3 of EN-1 explains that the Secretary of State will weigh up a 5.2.1proposal’s contribution to meeting the need for energy infrastructure, job creation and other long term and wider benefits, against the potential adverse impacts of the proposal in question including “any long-term and cumulative adverse impacts, as well as any measures to avoid, reduce or compensate for any adverse impacts."

Paragraph 4.1.4 continues and explains that the SoS should take into account 5.2.2“environmental, social and economic benefits and adverse impacts, at national, regional and local levels” whether identified in the NPSs or elsewhere, including in local impact reports. Paragraph 4.1.5 explains that matters both “important and relevant” (as per section 104 of the PA 2008) could include Development Plan Documents or other documents in the Local Development Framework and explains that “in the event of a conflict between these or any other documents and an NPS, the NPS prevails”.

Paragraph 4.1.7 confirms that the SoS will have regard to the guidance in 5.2.3Circular 11/95, as revised, on “The Use of Conditions in Planning Permissions” in agreeing or suggesting requirements in a DCO.

Paragraph 4.1.9 sets out how the SoS will consider viability issues, namely 5.2.4that they are unlikely to be of relevance to decision making providing they have been properly assessed, but that limited exceptions exist and are set out in NPS EN-1 and others.

A number of policies are set out in relation to the content and form of the 5.2.5Environmental Statement and the methods of conducting EIA and Habitats and Species Regulations assessment. These are explained further in the Environmental Statement (Document Reference 6.1.0).

Paragraph 4.4.1 explains the limited circumstances within which an applicant 5.2.6and the SoS will need to consider alternatives to a proposed project. Paragraph 4.4.3 of NPS EN-1 then explains that where there is a policy or legal requirement to consider alternatives (subject to any other legal requirements) the SoS should be guided by principles of:

Proportionality

Whether there is a realistic prospect of the alternative delivering the same infrastructure capacity (including energy security and climate change benefits) in the same timescale

Treating each site on its merits rather than directing development towards one with fewer adverse impacts, where there is a constraint


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on the supply of suitable sites or a quantitative target on delivery of multiple such projects

Alternatives not among those set out as main alternatives by the applicant in the ES need only be considered to the extent that they are important and relevant to decision making, in the view of the SoS. In particular, if such alternatives would not accord with NPS policies , or if they were not commercially viable or physically suitable or if they were vague or inchoate then they would be unlikely to be important and relevant.

Where alternatives are put forward after submission of an application, the onus may be put on the third party putting forward the alternative to assess its suitability.

A number of decision making criteria are set out in relation to Good Design in 5.2.7both NPSs EN-1 and EN-2. Paragraph 4.5.3 NPS of EN-1 explains that the SoS “must be satisfied that projects are sustainable, and having regard to regulatory and other constraints, are as attractive, durable and adaptable (including taking into account natural hazards such as flooding) … [and] that the applicant has taken into account both functionality (including fitness for purpose and sustainability) and aesthetics (including its contribution to the quality of the area in which it would be located) as far as possible.” Paragraph 4.5.4 continues, stating that the applicant must demonstrate how the design process was conducted and how the proposed design evolved and set out the reasons why the favoured design choice was selected, and also acknowledges that the SoS should "take into account the ultimate purpose of the infrastructure and bear in mind the operational, safety and security requirements that the design has to satisfy”. In respect of generating stations NPS EN-2 states at paragraph 2.3.16 that Good Design should include consideration of landscape and visual amenity, and the mitigation of impacts such as noise and vibration, transport impacts and air emissions. NPS EN-5 notes at paragraph 2.5.2 that overhead lines are often associated with adverse visual impacts. The Design and Access Statement provides further explanation of how the Project addresses Good Design policies in the NPSs.

In relation to Combined Heat and Power (CHP) it is explained at paragraph 5.2.84.6.7 of NPS EN-1 that CHP should be considered from the very earliest point of a project’s development. At paragraph 4.6.6 it is stated that the SoS should have regard to DECC's guidance or any successor to it when considering the CHP aspects of generating stations. The EN-1 makes reference to the relevant DECC guidance being ‘Guidance on background information to accompany notifications under Section 14(1) of the Energy Act 1976 and applications under Section 36 of the Electricity Act 1989’. . Paragraph 4.6.8 explains that “if the proposal is for thermal generation without CHP, the applicant should: explain why CHP is not economically or practically feasible, provide details of any potential future heat requirements in the area, and detail the provisions in the proposed scheme for ensuring any potential heat demand in the future can be exploited.” The CHP Viability Study (Document Reference 6.2.0, Appendix 5.1) provides further explanation of how the Project has addressed these policies.


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In relation to Climate Change Adaptation paragraphs 4.8.5 and 4.8.6 of NPS 5.2.9EN-1 explain that applicants must consider the impacts of climate change when planning the location, design, build, operation and, where appropriate, decommissioning of new energy infrastructure using the latest UK Climate Projections available at the time the ES is prepared and identify appropriate mitigation or adaptation matters. NPS EN-2 adds detail in respect of coastal or estuarine sites.

In relation to safety, paragraph 4.11.1 of NPS EN-1 explains that applicants 5.2.10should consult with HSE on matters relating to safety and paragraph 4.11.4 provides that the SoS must be satisfied that where required an assessment has been done and that the Competent Authority has assessed it meets the safety objectives. NPS EN-4 notes at 2.19.8 that relevant constraints should be mapped out when devising a pipeline route and paragraph 2.19.9 advises that desktop surveys of potential hazards such as unexploded ordinance should be undertaken.

In relation to health, paragraph 4.13.2 of NPS EN-1 explains that the ES 5.2.11should assess each stage of project on human health where the proposed project has an effect on human beings, and that the SoS should consider the cumulative impact on health and will take account of health concerns when setting requirements relating to a range of impacts such as noise. The Waste Management and Health section of the ES, and the separate Health Impact Assessment (Document Reference 10.3.0) prepared in accordance with good practice in Wales, provide further detail of how the Project addresses these and other policies.

In relation to pollution control it is explained at paragraph 4.10.7 of NPS EN-1 5.2.12that the SoS “should be satisfied that development consent can be granted taking full account of environmental impacts” and that, accordingly, before consenting any potentially polluting developments the SoS must be convinced that the relevant pollution control authority is satisfied that potential releases can be adequately regulated under the pollution control framework; that the effects of existing sources of pollution in and around the site are not such that the cumulative effects of pollution when the proposed development is added would make that development unacceptable; and that consent should not be refused on the basis of pollution impacts unless the SoS has good reason to believe that any relevant necessary operational pollution control permits or licences or other consents will not subsequently be granted.

With respect to considerations of common law and statutory nuisance, 5.2.13paragraph 4.14.2 of NPS EN-1 explains that the SoS should consider possible sources of nuisance under section 79(1) of the Environmental Protection Act 1990 and how they may be mitigated or limited, so that appropriate requirements can be included in a DCO.

Hazardous substances and security considerations are unlikely to be of 5.2.14relevance to the Project from the findings of consultation and the nature of the project so these policies in NPS EN-1 are not covered here.


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The assessment of the Project in sections 6.2-6.16 of this document is 5.2.15structured according to the above NPS principles. NPS EN-1, EN-2 and EN-4 also set out ‘generic impacts’, namely environmental topics relevant to all energy NSIPs and to particular types of energy NSIPs. The proposals are assessed in relation to these principles in sections 6.17-6.29 of this document.

Other UK, Wales and Local Planning Context 5.3

Planning Policy Wales (Edition 6, February 2014) (PPW) and Associated Technical Advice Notes (TAN)

‘Planning Policy Wales’ (PPW) sets out the land use planning policies of the 5.3.1Welsh Government (WG) and is supplemented by 22 topic based Technical Advice Notes (TANs). TANs prescribe the government’s policies on various planning issues that shape the preparation of development plans. The principles and objectives of TANs prescribe the overarching national guidance for specific individual environmental topics. Both the PPW and TANs are material considerations in determining planning applications under the Town and Country Planning Act (TCPA) regime. It may be determined that these policy documents are relevant and important under the PA 2008 regime.

Potentially relevant chapters of PPW, and their associated Technical Advice 5.3.2Notes (TANs) setting out guidance as to implementation, are set out below.

Chapter 4, ‘Planning for Sustainability’, sets out the principles and objectives 5.3.3underpinning the Welsh Government’s approach to planning policy for sustainable development.

The definition of sustainable development in Wales is given in Chapter 4 as: 5.3.4‘enhancing the economic, social and environmental well-being of people and communities, achieving a better quality of life for our own generations in ways which promote social justice and equality of opportunity and enhance the natural and cultural environment and respect its limits - using only our fair share of the earth’s resources and sustaining our cultural legacy’

Paragraph 4.2.2 highlights that the planning system provides for a 5.3.5presumption in favour of sustainable development which has similarities with England's National Planning Policy Framework.

Section 4.4 outlines the objectives for the planning system which reflect the 5.3.6Welsh Government’s view for sustainable development and the outcomes they seek to deliver across Wales. Further detail on how these objectives should be applied can be found within the PPW document. The relevant sections and chapters where this information can be found are referenced alongside each objective. A summary of relevant objectives are listed below.


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PPW relevant objectives for sustainable development (summary)

Objective

Promote resource-efficient and climate change resilient settlement patterns.

Support the need to tackle the causes of climate change by moving towards a low carbon economy.

Minimise the risks posed by, or to, development on or adjacent to unstable or contaminated land and land liable to flooding.

Play an appropriate role in securing the provision of infrastructure to form the physical basis for sustainable communities.

Contribute to the protection and improvement of the environment, so as to improve the quality of life, and protect local and global ecosystems.

Promote access to employment, shopping, education, health, community, leisure and sports facilities and open and green space, maximising opportunities for community development and social welfare

Foster improvements to transport facilities and services which maintain or improve accessibility to services and facilities, secure employment, economic and environmental objectives, and improve safety and amenity.

Foster social inclusion by ensuring that full advantage is taken of the opportunities to secure a more accessible environment for everyone that the development of land and buildings provides.

Promote quality, lasting, environmentally-sound and flexible employment opportunities

Support initiative and innovation and avoid placing unnecessary burdens on enterprises so as to enhance the economic success of both urban and rural areas,

Respect and encourage diversity in the local economy

Promote a low carbon economy and social enterprises


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Contribute to the protection and, where possible, the improvement of people’s health and wellbeing as a core component of sustainable development and responding to climate change.

Chapter 4 is supplemented by TAN 6 ‘Planning for Sustainable Rural 5.3.7

Communities’ which provides practical guidance on how the planning system can contribute to: sustainable rural economies; sustainable rural housing; sustainable rural services and sustainable agriculture. TAN 6 recognises that strong rural economies are essential to support sustainable and vibrant rural communities and supports the diversification of the rural economy by accommodating the needs of both traditional rural industries and new enterprises, whilst minimising impacts on the local community and the environment.

TAN 12 ‘Design’ should also be considered in conjunction with chapter 4 of 5.3.8PPW. This Technical Advice Note sets out the objectives of good design and aims to encourage good design in all aspects of development, stating that: ‘The way which development relates to its urban or rural landscape context is critical to its success’. The aim should be to achieve good design solutions, which maximise the natural landscape assets and minimise environmental impact on the landscape. It is particularly important that proposals to amend or create new landscape are not considered as an afterthought and that the long term impact of development on the landscape is fully understood.

TAN 18 ‘Transport’ provides guidance on issues relating to sustainable 5.3.9development through transport, so represents a further supplementary document to chapter 4. TAN 18 describes how to integrate land use and transport planning and explains how transport impacts should be assessed and mitigated.

Chapter 5 ‘Conserving and Improving Natural Heritage and the Coast’ sets out 5.3.10the Welsh Government’s overarching advice on the conservation of biodiversity and the coast in a planning context. The chapter sets out objectives for conservation that should be delivered via the planning process. It includes guidance on integrating the requirements of development and conservation, and highlights existing measures for biodiversity conservation (legislation and policy) in Wales.

The approach to conservation delivered through PPW is similar to the general 5.3.11principles contained within NPS EN-1 which states that development should aim to avoid significant harm to biodiversity and geological conservation interests through mitigation and consideration of reasonable alternatives. Paragraph 5.3.6 of the NPS does however suggest that the benefits of nationally significant low carbon energy infrastructure development may include benefits for biodiversity and geological conservation interests and these benefits may outweigh harm to these interests.

Chapter 5 is supplemented by TAN 5 ‘Nature conservation and Planning’ 5.3.12which is concerned with the protection of statutorily designated site and


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habitats, the conservation of protected and priority species; and protecting and enhancing biodiversity and nature conservation in the wider countryside within Wales.

For planning purposes, the Welsh Government defines economic 5.3.13development as development of land and buildings for activities that generate wealth, jobs and incomes. PPW (7.1.1) advises that economic land uses include the traditional employment uses (Class B in the Use Classes Order) as well as retail, tourism and public services. It is stated in 7.1.1 that the construction and energy sectors are important to the economy and sensitive to planning policies.

It is likely to be relevant to consider the provisions of the NPSs in light of the 5.3.14Welsh Government’s definition of economic development. In paragraph 2.1.2 of NPS EN-1 it states that energy is vital to economic prosperity and social well-being and as such it is important to ensure that the UK has secure and affordable energy and the infrastructure in place to deliver this. Section 5.12 of the NPS outlines that the applicant should assess socio-economic impacts of proposals, which will include giving due consideration to the creation of jobs and training opportunities.

TAN 23 ‘Economic Development’ provides additional interpretation to chapter 5.3.157. PPW chapter 7 states that the planning system should support economic and employment growth alongside social and environmental considerations within the context of sustainable development (paragraph 7.1.3). TAN 23 contains the concept of ‘larger than local planning’, which advises that market forces do not respect local authority boundaries and therefore the planning system should ensure that it steers development to the most efficient and sustainable locations. This means that strategic planning for economic development is essential. Paragraph 2.1.1 addresses the need to weigh economic benefits and states that it should not be assumed that economic objectives are necessarily in conflict with social and environmental objectives. The TAN advises that the planning system should positively and imaginatively seek win-win outcomes.

Chapter 12 of PPW ‘Infrastructure and Services’ emphasises the importance 5.3.16of infrastructure projects to Wales: “Adequate and efficient infrastructure, including services such as education and health facilities along with water supply, sewers, waste management, electricity and gas (the utilities) and telecommunications, is crucial for the economic, social and environmental sustainability of all parts of Wales” (para. 12.1.1).

The Welsh Government aims to secure the environmental and 5.3.17telecommunications infrastructure necessary to meet sustainable development objectives, which are listed in 12.1.4 of PPW. The objectives considered to be relevant for the purposes of this project are listed as follows:

to promote the generation and use of energy from renewable and low carbon energy sources at all scales and promote energy


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efficiency, especially as a means to secure zero or low carbon developments and to tackle the causes of climate change;

to promote an integrated approach to the provision and renewal of environmental and telecommunications infrastructure;

to ensure that environmental and telecommunications infrastructure is provided in such a way as to enable sustainable development objectives to be met, avoiding adverse impacts on the environment (including the natural and historic environment), local communities and health;

to ensure that in considering environmental and telecommunications infrastructure account is taken of the impacts of climate change in the location, design, build, operation and, where appropriate, the decommissioning of new infrastructure (see 4.5 [of PPW6]); and

to ensure that the vulnerability of infrastructure to severe weather events is minimised and that infrastructure is designed to cope with higher average temperatures and increasing risk of storm surges, drought and flooding.

Section 12.8.6 of PPW outlines that it is the Welsh government’s aim to, 5.3.18‘secure an appropriate mix of energy provision for Wales which maximises benefits to our economy and communities, whilst minimising potential environmental and social impacts. This forms part of the Welsh Government’s aim to secure the strongest economic development policies to underpin growth and prosperity in Wales recognising the importance of clean energy and the efficient use of natural resources, both as an economic driver and a commitment to sustainable development secure an appropriate energy mix for Wales whilst avoiding, and where possible minimising, environmental, social and economic impacts’.

For the purposes of planning policy, 12.8.7 of PPW defines ‘low carbon 5.3.19energy’ as the term used to cover technologies that are energy efficient (but does not include nuclear). Figure 12.2 sets out the scales of development, for planning purposes, for low carbon and renewable energy projects. It acknowledges that an energy project is deemed to be ‘strategic’ when it exceeds a threshold of 50MW for all technologies other than onshore wind. Additionally the PPW document recognises the role of the Secretary of State in deciding onshore projects of an installation size of over 50MW.

PPW Chapter 13 ‘Minimising and Managing Environmental Risks and 5.3.20Pollution’ is concerned with maximising environmental protection for people, natural and cultural resources, property and infrastructure; and preventing or managing pollution and promoting good environmental practice.

Chapter 13 is supplemented by TAN 15 ‘Development and Flood Risk’, which 5.3.21provides a precautionary framework to guide planning decisions within which risks arising from both river and coastal flooding, and from additional run-off from development in any location, can be assessed.


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PPW chapter 13 is also supplemented by TAN 11 ‘Noise’, which provides 5.3.22advice on how the planning system can be used to minimise the adverse impact of noise without placing unreasonable restrictions on development or adding unduly to the costs and administrative burdens of business. It outlines some of the main considerations which LPAs should take into account in determining planning applications for development which will either generate noise or be exposed to existing noise sources.

The Wales Spatial Plan (2008)

The purpose of the Wales Spatial Plan is to ensure that what is done in the 5.3.23public, private and third sectors in Wales is integrated and sustainable, and that actions within an area support each other and jointly move towards a shared vision for Wales and for the different parts of Wales. The Plan identifies six sub-regions in Wales but does not define these Spatial Plan Areas by administrative boundaries, allowing partners to work together on common issues in a flexible way. The Spatial Plan area which the Project falls under is South East Wales ‘Capital Region’.

Chapter 11 recognises that the economy in Wales has a spatial dimension. 5.3.24Paragraph 11.1 recognises that while some areas adjoining the English border have economic performance characteristics fairly similar to the UK average, the more western areas and the former coal-mining areas lag behind.

Paragraph 11.6 states the need to take a joint approach with local authorities, 5.3.25travel consortia, and others to tackling regional infrastructure problems on issues of housing, transport, water, sewerage, energy, waste and ICT.

Environment Strategy for Wales (2006)

The Environment Strategy for Wales outlines the Welsh Government’s long 5.3.26term strategy for the environment of Wales, setting out the strategic direction for the next 20 years. The purpose of the Strategy is to provide a framework within which to achieve an environment that is clean, healthy, biologically diverse and valued by the people of Wales. The Welsh Government wishes to see the Welsh environment thriving and contributing to the economic and social well-being and health of all of the people of Wales. The Environment Strategy is currently being reviewed by the Welsh Government to ensure that it reflects the relevant commitments in the Natural Resource Management Programme.

Brecon Beacons National Park Management Plan (2010 - 2015)

Paragraph 1.6 of the BBNP Management Plan outlines the Park’s two 5.3.27statutory purposes introduced under section 61 of the Environment Act 1995:

Conservation and enhancement: “to conserve and enhance the natural beauty, wildlife and cultural heritage of the National Parks.”


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Understanding and enjoyment: “to promote opportunities for the understanding and enjoyment of the special qualities (of the Parks) by the public.”

The special qualities are detailed in nature and are set out in the Management 5.3.28Plan at section 3.

Underpinning the management plan is the duty imposed via section 62(2) of 5.3.29the Environment Act 1995 requires all public bodies to have regard to the two National Park purposes when making their decisions or carrying out activities in relation to or so as to affect land within a National Park. These twin purposes are underpinned by the Sandford Principle which asserts the primacy of the first purpose over the second in cases of otherwise irreconcilable conflict.

A range of strategic objectives create the framework guiding decision making 5.3.30and management of the Park for the BBNPA and its partners. Some of these strategic objectives may be relevant for the purposes of the Project and are considered.

Landscape strategic objective 1 seeks to ‘Conserve and enhance the sense of 5.3.31tranquillity, peace and remoteness experienced throughout the National Park’. The objective seeks to use mapping data to improve understanding and management of the landscape with these special qualities in mind, in order to minimise the effects of a number of perceived challenges including increases in light pollution.

Air resources strategic objective 1 seeks to maintain and, where possible, 5.3.32improve the Park’s air quality. The management plan states that increases in development, product delivery and traffic within the Park, or industry and power generation outside the Park, could increase air pollution above current standards. Policies will aim to reduce the negative effects of key pollution sources on the Park’s air quality.

The BBNPA is concerned with transport issues but it is not the Highway 5.3.33Authority (HA) for the Park. The relevant powers and resources rest with the National Assembly and HAs, which must have regard to National Park purposes and “ensure mutual cooperation across Park boundaries, particularly in planning and highway matters.”

The Brecon Beacons National Park Local Development Plan (2013)

The LDP sets a vision which is derived from the National Park Management 5.3.34Plan. The summary vision (the full vision is one page in length) states:

The LDP will seek to ensure that the Brecon Beacons will be a place where the wildlife, natural beauty, cultural heritage and special qualities of the National Park are protected and enhanced for future generations. Everyone who lives, works or visits the Park will experience a prosperous and vibrant


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area, while the impact on the local and global environment is minimised to acceptable levels.

Strategic Objective SQ1 seeks “to conserve and enhance the special qualities 5.3.35of the Brecon Beacons National Park.” Strategic Objective SQ3 seeks to “encourage development on previously developed land in preference to the development of Greenfield land” whilst Strategic Objective SQ4 seeks “to ensure that all future development will protect and enhance the beautiful and varied character of the Landscape”.

Section 2.4 of the LDP explains the ‘environmental capacity approach to 5.3.36sustainable development’ which underpins the LDP. This is defined in paragraph 2.4.5 as

“the ability of a place to accept development demands placed upon it without irreversible loss or damage to the environment, natural beauty, infrastructure or community resources, taking into consideration the need to protect against the likely and predicted effects of climate change. Capacity in this understanding is the “threshold” of acceptable change for any given place based upon the definition of capacity.”

The resultant policies refer to development proposed within the National Park. 5.3.37To the extent that they could be considered relevant to proposals outwith the National Park, Policy 3 ‘Sites of European Importance’ sets out the interaction between planning policy and Habitats Regulations Assessment; and Policy 12 seeks that development proposals assess and minimise their artificial lighting.

Turning Heads – A Strategy for the Heads of the Valleys (June 2006)

Turning Heads – A Strategy for the Heads of the Valleys 2020 outlines a 5.3.38strategy for regenerating the northern valley areas of South East Wales. In Rhondda Cynon Taf the strategy area includes Treorchy, Treherbert, Ferndale, Hirwaun, Mountain Ash and Aberdare. The objectives of the programme reflect those of the Wales Spatial Plan in seeking to ensure:

An attractive and well used natural, historic and built environment;

A vibrant economic landscape offering new opportunities;

A well-educated, skilled and healthier population;

An appealing and coherent tourism and leisure experience, and

Public confidence in a shared bright future.

Rhondda Cynon Taf Local Development Plan up to 2021 (2011)

The Rhondda Cynon Taf Local Development Plan up to 2021 was adopted by 5.3.39the Council in March 2011 and sets out “.....the framework for decisions to be made up until 2021 on how land is used in the County Borough, for example what type of development is appropriate or desirable and how best to protect our environment”.


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The Local Development Plan provides part of the Development Plan against 5.3.40which applications under the TCPA regime are to be determined, in line with Section 38(6) of the Planning and Compulsory Purchase Act (PCPA).

Under the PA 2008 regime (and the predecessor regime, the Electricity Act 5.3.411989) the Development Plan does not have formal status. However, it may be that , parts are considered relevant and important to the decision-maker, so consideration is given to potentially relevant policies below.

Section 4 of the plan sets out the Core Strategy for Rhondda Cynon Taf and 5.3.42outlines the spatial strategy for guiding future development and land use. Designations of land, whether to encourage development proposals or to act as constraints to development, are set out in its accompanying proposals map. The Hirwaun Industrial Estate lies within the Northern Strategy Area for which the LDP seeks development proposals to “provide appropriate growth to address the problems of deprivation and high levels of social and economic need”.

The proposed site for the development of the Power Generation Plant is 5.3.43shown on the Proposals Map as within the Hirwaun Industrial Estate strategic land allocation for waste management under policy CS 9, which forms the majority of the Hirwaun Industrial Estate. It is identified as a regional waste management site that is able to accommodate a range of options to meet the capacity requirements set out in the South East Wales Regional Waste Plan (2008) estimated at up to 21.7 hectares. Paragraph 4.83 recognises the industrial estate as being well located in relation to the strategic highway network and accessible within the plan area. Paragraph 4.89 notes that it is not the intention that the employment uses at the site should cease, and that any proposals for alternative uses will be considered against Policy AW11 (Existing Employment and Retail Uses). This policy provides, inter alia, that proposals promoting alternative uses for existing employment sites will be permitted where the “redevelopment of derelict, unsightly, underused and vacant land / premises for alternative uses will have significant regeneration benefits” and “the proposed use is for a sui generis use, which exhibits the characteristics of B1, B2, and B8 uses and which could appropriately be accommodated on an employment site”.

Other designations in the Local Development Plan of potential relevance to 5.3.44the proposed Project are set out as follows.

The Project site comes under the designation under Policy CS 1 which aims to 5.3.45deliver development that builds strong, sustainable communities in the Northern Strategy Area.

Policy CS 6 seeks to ensure that RCT reaches its economic potential by 5.3.46allocating land to meet strategic and local employment needs. The LDP recognises that there have been recent changes in the economy of RCT that are likely to have an impact upon employment land sites, including decreasing employment in manufacturing sectors. The LDP states that recent studies have demonstrated that the overall supply of employment land is healthy but


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that the current supply does not meet future needs in terms of the type of employment sites and units available, amongst other issues.

Policy NSA 16 provides support the re-use of vacant / redundant industrial 5.3.47sites in the Northern Strategy Area in the case where development is compatible with other uses in the locality and the redevelopment of vacant land will have a positive effect in regeneration terms.

Chapter 5 sets out the detailed RCT district area wide policies which includes 5.3.48area wide topic based and non-site specific policies. Policy AW 12 designates provision for development proposals for a range of different forms of renewable and non-renewable energy, including energy from gas.

Policy AW 5 provides support for new development proposals that have no 5.3.49unacceptable effects on the character and appearance of the site and the surrounding area, as well as no significant impact on the amenity of neighbouring users. Policy AW 5 outlines support for the retention of existing site features of built and natural value where appropriate. Provision is made for development that is compatible with other uses in the locality. The policy supports the provision of development that would have safe access to the highway network and would not cause traffic congestion or exacerbate existing traffic congestion. Transport assessments will be required for proposals that are likely to have significant transport implications.

Policy AW 6 provides support to new development proposals that are of a high 5.3.50standard of design, which reinforces attractive qualities and local distinctiveness and improves areas of poor design and layout. AW 6 requires proposals to be appropriate to the local context in terms of siting, appearance, scale, height, massing, elevational treatment, materials and detailing. The policy provides support for proposals that have a high level of connectivity and accessibility to surrounding areas.

Policy AW 8 seeks to preserve and enhance the natural heritage of RCT by 5.3.51resisting inappropriate development. The policy gives support to permitting development which does not cause harm to the features of designated sites, unless it can be demonstrated that development could not reasonably be located elsewhere and the benefits of the proposed development clearly outweigh the nature conservation value of the site. Policy AW 8 requires all development proposals that may affect protected and priority species to demonstrate what measures are proposed for the protection and management of the species and the mitigation and compensation of potential impacts.

Land adjacent to Hirwaun Industrial Estate is designated as site AW 8.7 on the 5.3.52LDP Proposals Map. The site is described as a large mosaic site which includes at its heart an ancient peat bog and around its edges a mosaic of ‘brown field’ grassland and scrub habitats. To the south, the Project boundary crosses an area of land known as Hirwaun Common. This land is designated on the Proposals Map as SINC AW 8.10. The upland parts of this SINC support an extensive upland mosaic characterised as upland marshy


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grassland and acid grassland with significant areas of dry heath (heather, bilberry and western gorse) and areas of flushed wet heath.

Policy AW 10 states that development proposals will not be permitted in the 5.3.53instance that they would cause or result in a risk of unacceptable harm to health and / or local amenity because of:-

1. Air pollution; 2. Noise pollution; 3. Light pollution; 4. Contamination; 5. Landfill gas; 6. Land instability; 7. Water pollution; 8. Flooding;

unless it can be demonstrated that measures can be taken to overcome any significant adverse risk to public health, the environment and / or impact upon

local amenity.

Supplementary Planning Guidance (SPG)

Supplementary Planning Guidance (SPG) has been produced in conjunction 5.3.54with the Rhondda Cynon Taf Local Development Plan and provides additional guidance to support the policies, allocations and constraints identified in the Plan. SPG documents of potential relevance to the Project are:

The Nature Conservation SPG outlines the steps that the Council expects 5.3.55developers to take to ensure that nature conservation is afforded appropriate consideration. These include providing sufficient information to the Council on potential impacts of proposals and ensuring that appropriate assessment methods are carried out. Proposals should consider and outline proposed mitigation methods.

The SPG for Planning Obligations aims to provide a clear picture of what 5.3.56types of obligations developers may be expected to contribute towards, the likely amounts of these obligations and the trigger points at which different obligations will be sought by the Council. It acts as the basis on which negotiations between all parties should be formed.

The Access, Circulation & Parking Requirements SPG aims to help ensure a 5.3.57transparent approach to the provision of parking, developer contributions, travel plans and transport assessments.


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Relevant planning history 5.4

Methodology

This section sets out the planning history that is relevant to the Project. It 5.4.1provides an overview of recent planning or other applications that have been submitted in relation to land or properties within and bordering the Hirwaun Industrial Estate and the areas of the Gas Connection and Electricity Connection, and energy generation and transmission proposals in the local area.

Some of these also are considered within the cumulative effects assessments 5.4.2in the Environmental Statement and are described in section 4 and relevant topic sections in that document along with assumptions or information as to timescales and other detail specific to particular environmental topics.

The Power Generation Plant site

In 2004 an application was submitted seeking two large extensions to the 5.4.3existing ‘Advance’ factory on the south side of Main Avenue, the western extension of which was proposed on the area of land proposed for the laydown/maintenance area within Work No. 2. This would have comprised a 16,800sq.m. building with associated landscaping. The application was withdrawn (application reference: 04/0665/10).

Other than this no recent planning history exists for the site, reflecting the 5.4.4relative underuse of the main part of the site (north of Main Avenue). A minor application in 1998 sought additional storage floorspace at this site (application reference: 98/4570/10).

Enviroparks

In 2010 planning permission was granted for an Energy from Waste power 5.4.5generation plant to the north of the Project Site, located on 20ha of land, including 4ha of land allocated in the Local Development Plan (Policy NSA 14.2) for employment and similar uses (application reference: 08/1735/10). The plant would process 240,000 tonnes per annum of mixed recyclates and organic waste using various technologies. It is understood that the site is cleared but commercial arrangements remain to be finalised to enable the further implementation of the project.

Green Frog Power

In 2011, Green Frog Power sought permission for a 20MW diesel powered 5.4.6short term operating reserve (STOR) power generation plant on an area of vacant land within Hirwaun Industrial Estate to the south of the HPP Power Generation Plant site, with proposed access off Main Avenue. A delegated decision was issued in February 2012 that granted full planning permission and the plant is now built and operational.


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Rhigos 400kV Substation

National Grid Electricity Transmission was granted full planning permission in 5.4.7January 2013 for a proposed 400kV substation including two new OHL towers and the removal of one existing tower (application reference: 10/0113/10). The substation site is on land off Fourteenth Avenue, on the northern edge of Hirwaun Industrial Estate. The substation is being constructed to enable the connection of the Pen-y-Cymoedd wind farm (see below) to the national electricity grid and is being built at present.

Hirwaun Energy Centre

A decision is pending for a planning application submitted by Premier Green 5.4.8Energy in April 2013 for ‘Hirwaun Energy Centre’, a waste-to-energy plant proposed to be located on Hirwaun Industrial Estate at Unit 43 – 44, Seventeenth Avenue (application reference: 13/0416/10). The planning application comprises of the ‘change of use and development of the existing B2 industrial unit into a renewable energy generation production facility’. The development will involve the installation and operation of Advanced Conversion Technology (ACT incorporating pyrolysis) for the conversion of non hazardous mixed waste wood into clean synthesis gas, requiring approximately 88,000 tonnes per year of mixed waste wood.

Other developments at Hirwaun Industrial Estate

Planning permission has been sought for a number of the units within Hirwaun 5.4.9Industrial Estate to make changes and additions to the existing structures although most were some ten years ago. Permission was granted with conditions for the following: the installation of two water storage tanks and a pump house (at Scandinavian Design Ltd.); a vehicle recycling plant (at Unit S); the construction of a toilet block (at Unit D); and the proposed re-erection of Nissen Hut type building as a material store (for Unit D).

Pen y Cymoedd Wind Farm

The Pen y Cymoedd Wind Farm received deemed planning permission having 5.4.10been granted consent under Section 36 of the Electricity Act 1989 in May 2012 (DECC reference: 12.04.09.26C and RCT application reference: 09/1311/04). The Wind Farm comprises 76 turbines across an area of 4,680 hectares, the closest lying around 2.5km south of the Project site and will generate a power output of up to 299MW with installed capacity expected to be 256MW (3.3MW each turbine) connecting to the national electricity grid via the new Rhigos 400kV Substation currently being built by National Grid. The land ranges in altitude between 360m and 600m AOD, with each turbine likely to be up to 145m in height. Site preparation is underway at the site with construction began in 2014 and commissioning expected to be in 2016.


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Householder applications

A small number of houses are located along the section of Rhigos Road lying 5.4.11south of the Power Generation Plant and Electrical Connection sites and to the west of the Gas Connection. Some recent planning applications associated with these properties are set out below.

In June 2000 full planning permission was granted for the property Tir Bryn Hir 5.4.12for a two storey extension for a bedroom and office, and construction of a detached garage (application reference: 00/4194/10). This residential (care home) property is located on the northern side of Rhigos Road, approximately 150m south of the Project Site.

Planning permission was granted for the same property in September 2004 for 5.4.13a single storey rear extension to provide an office/study (application reference: 04/1404/10). Opposite Bryn Hir, on the southern side of Rhigos Road and approximately 250m south of the Project Site, one or two dwellings were constructed in recent years (The Fairways) with a bunded curtilage enclosing them.

An application for the erection of two dwellings was submitted in January 2012 5.4.14for land off Rhigos Road (application reference: 12/0075/10). The site is located approximately 400m south west of the Project site and comprises 0.36ha of vacant brownfield land. The site’s northern boundary is Rhigos Road itself and the western boundary of the site is formed by a private lane directly accessed from Rhigos Road. The application sought full planning permission for two detached dwellings; a four-bed property with an overall floor area of 289m2 and a three-bed property with an overall floor area of 288m2. A decision was issued by planning committee in May 2012 granting permission. It is understood that the dwellings have not commenced build.

Selar Opencast coal site

Selar Opencast Coal site lies approximately 4km to the south west of the 5.4.15Project site and is primarily located within the administrative boundary of Neath Port Talbot County Borough Council but with the main site access road running through a small area within the administrative boundary of Rhondda Cynon Taf). A number of planning applications for the site have been received since 2006, seeking permission for amendments and variations to conditions in order to extend the period of time in which to continue coaling operations. In June 2006 permission was granted with conditions for an extension of time for the continuation of opencast coaling and ancillary operations until 31st December 2010. In July 2010 permission was granted with conditions to allow the variation of conditions of planning permission to allow the continuation of the use of the existing access to the coal site for a further period up to 31 December 2015.

More recently an application has been submitted for a proposed extension for 5.4.16the phased extraction of some 800,000 tonnes of coal integrated into the existing and permitted operations with associated relocation of workshop,


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internal access road, offices and site infrastructure. A decision is pending for this application (Neath Port Talbot application reference: P/2013/720, and RCT reference for Neath Port Talbot’s consultation: 13/0779/03)

A separate application for the Selar Opencast site is also pending decision. 5.4.17This application is seeking permission to continue the use of the existing access off the A4061 for a further period to 31 December 2019, and to allow the retention of the coal haulage road post-cessation of surface mineral workings for use in association with the agricultural and other management of the land (RCT application reference: 13/0734/15).

Tower Colliery

Tower Colliery is located approximately 1km to the south of the Project site 5.4.18and has been in operation for at least two hundred years in varying intensities and extents. Prior to 2008, planning applications were submitted for changes to improve the site and enable the continuation of mining operations. Subsequent to Tower Colliery’s closure as a deep pit in 2008, plans were submitted in 2011 for Tower Colliery to become an opencast mine. The application included land remediation and reclamation of old tips, derelict land and buildings and surface coal extraction . Permission was granted with conditions in December 2011. The RCT Local Development Plan gives consideration to the future use of Tower Colliery after coal related operations have ceased. The LDP has designated land south of Hirwaun as a Strategic Site and Policy NSA 8 specifically allocates this land for the construction of 400 dwellings, 36 hectares of employment, a new primary school, a retail store of 2000m2 net floor space, medical/community centre and informal recreation. There is currently a pending application, submitted in August 2013, to extend the approved coal extraction area to the west and to possibly extend in terms of years of operation (Application reference: 13/0859/15).

Mynydd Bwllfa Wind Farm

Pennant Walters submitted its original application for the erection of 12 wind 5.4.19turbines to Rhondda Cynon Taf in April 2009. This was refused and an amended scheme was subsequently submitted in December 2009 which took into account comments made by consultees and the Council and deleted two of the turbines (planning application ref: 09/0393/10). This amended scheme (‘the erection of 10 wind turbines together with vehicular access, site tracks and ancillary infrastructure’) received officer recommendation for approval but was refused at planning committee in February 2010. Pennant Walters appealed the decision and the Planning Inspectorate held a public hearing in April 2012. The Planning Inspectorate allowed the appeal and the permission was granted in June 2012 for the erection of 9 wind turbines. Each turbine is understood to generate 2.5MW and would connect to the existing 132kV line nearby. Construction has begun and is programmed to be complete in early summer 2015.


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Maerdy Wind Farm

Planning permission for eight turbines nearby to the south of the Gas 5.4.20Connection was granted in 2011 (application reference: 11/0198/10). Each turbine would be 145m in height and of 3MW capacity. An application in 2013 was granted for the repositioning of one turbine (application reference: 13/0086/10).


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6 Assessment

This section is structured under the ‘Assessment Principles’ subheadings 6.1.1provided in NPS EN-2 and EN-1 for the likely impacts of fossil fuel generating stations and, more generally, energy NSIPs.

General Principles 6.2

Paragraph 4.1.3 of EN-1 explains that in considering any proposed 6.2.1development, and in particular when weighing its adverse impacts against its benefits, the Secretary of State ‘should take into account its potential benefits including its contribution to meeting the need for energy infrastructure, job creation and any long-term or wider benefits, and its potential adverse impacts, including any long-term and cumulative adverse impacts, as well as any measures to avoid, reduce or compensate for any adverse impacts’. Paragraph 4.1.4 and explains that the SoS should take into account “environmental, social and economic benefits and adverse impacts, at national, regional and local levels” whether identified in the NPSs or elsewhere, including in local impact reports. Paragraph 4.1.5 explains that matters both “important and relevant” (as per section 104 of the PA 2008) could include Development Plan Documents or other documents in the Local Development Framework and explains that “In the event of a conflict between these or any other documents and an NPS, the NPS prevails for purposes of IPC decision making given the national significance of the infrastructure”. Sections 5-8 of this Planning Statement are designed to assist the SoS in these considerations.

Paragraph 4.1.7 confirms that the SoS will have regard to the guidance in 6.2.2Circular 11/95, as revised, on “The Use of Conditions in Planning Permissions” in agreeing or suggesting requirements in a DCO. As set out in section 3 of this Planning Statement, the Applicant has held discussions have been held with RCTCBC and the Department for Transport of the Welsh Government during the drafting of the Requirements and has sought to propose reasonable and appropriate controls necessary to the acceptability of the proposed development, in line with established law and practice as outlined in the Circular.

Paragraph 4.1.8 states that ‘The IPC may take into account any development 6.2.3consent obligations that an applicant agrees with local authorities’. It is further clarified that where the words “planning obligations” are used in this NPS they refer to “development consent obligations” under section 106 of the Town & Country Planning Act 1990 as amended by section 174 of the Planning Act 2008. Discussions are being held with the local authority as to the need for and scope of any planning obligations.

Paragraph 4.1.9 acknowledges that “the applicant will have made a judgement 6.2.4on the financial and technical viability of the proposed development, within the market framework and taking account of Government interventions”. As set out in this Planning Statement, and the Statement of Reasons (Document


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Reference 4.1), the Consultation Report (Document Reference 5.1.0) and the Environmental Statement (Document Reference 6.1.0) the Applicant has had regard to the anticipated market regime and other aspects of viability and technical feasibility at relevant stages of the design of the Project. Paragraph 4.1.9 continues ‘where the IPC considers, on information provided in an application, that the financial viability and technical feasibility of the proposal has been properly assessed by the applicant it is unlikely to be of relevance in IPC decision making (any exceptions to this principle are dealt with where they arise in this or other energy NPSs and the reasons why financial viability or technical feasibility is likely to be of relevance explained)’. CHP is one such exception and the CHP Viability Study (Document Reference 6.2.0, Appendix 5.1) sets out the Applicant’s case in this regard.

Environmental Statement (NPS EN-1, 4.2) 6.3

An EIA has been carried out for the Project, in accordance with the EIA 6.3.1Regulations.

As required by NPS EN-1 at 4.2 the Environmental Statement considers: 6.3.2

aspects of the environment likely to be significantly affected by the project, including social and economic effects and how any likely significant negative effects would be avoided or mitigated

likely significant effects, including any significant residual effects taking account of any proposed mitigation measures or any adverse effects of those measures

Distinctions between project stages and mitigation measures at those stages

Information on how the effects of the applicant’s proposal would combine and interact with the effects of other development (including projects for which consent has been sought or granted, as well as those already in existence)

Which elements of the proposals are detailed and which remain to be finalised, and reasons, with maximum extents of plant and site shown and appropriate requirements in the Draft DCO

Habitats and Species Regulations (NPS EN-1, 4.3) 6.4

In accordance with NPS EN-1 at 4.3, and to assist the Examining 6.4.1Authority/Secretary of State in considering whether the project may have a significant effect on a European site, or on any site to which the same protection is applied as a matter of policy, either alone or in combination with other plans or projects, information has been provided in a No Significant Effects Report (Document Reference 5.5.0). The report considers that no significant effects are likely on the identified European sites and documents the assessments made as to air quality matters and discussions held and ongoing with the relevant regulator, namely Natural Resources Wales.


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Project development and alternatives (NPS EN-1, 4.4, NPS EN-5, 2.8.5 & 6.5NPS EN-4, 2.19.8-10)

Section 4.4 of NPS EN-1 states that from a policy perspective, the NPS does 6.5.1not contain any general requirement to consider alternatives or to establish whether the proposed project represents the best option. However, para. 4.4.2 lists certain obligations on the applicant regarding the consideration of alternatives, such as the obligation to include in the ES information about the main alternatives they have studied in fact, which should include an indication of the reasons for these choices, having taken into account the environmental, social and economic effects and including, where relevant, technical and commercial feasibility.

Accordingly, the Environmental Statement (Document Reference: 6.1.0), 6.5.2provides an account of the studies made of:

Alternative development sites;

Alternative technologies for electricity generation;

Alternative layouts for the Power Generation Plant;

Alternative options for the Electrical Connection; and

Alternative options for the Gas Connection.

Additionally the Consultation Report (Document Reference: 5.1.0), sets out 6.5.3the various alternatives that HPL has studied at relevant stages prior to making the application. Table 2.3 of the Consultation Report sets out the Project Milestones which shows the options under assessment at different stages in the Project’s development. Section 5 of the Consultation Report explains further how community and statutory consultees have influenced considerations as to alternative layouts for the Power Generation Plant and alternative options for the Electrical Connection and the Gas Connection.

Below is a summary of the main stages in the evolution of the Project, which, 6.5.4as explained in the Consultation Report, involved environmental and technical assessments as well as a thorough, effective and proportionate consultation process to involve the range of potentially interested parties and enable them to express views.

As to site selection, the initial phase of the Project’s development ran from 6.5.5around 2010-12 during which period a range of sites around the UK were studied as to their suitability for a flexible gas-fired power station. This search sought to ascertain the suitability of sites to support power generation plants of the Project's nature. The key factors which were considered necessary in a site were broadly four-fold: technical (e.g. the size of the site and the proximity to appropriate gas and electrical connection points), environmental, economic, and whether the proposals would be in line with local planning policy. On such basis a suitably sized site within Hirwaun Industrial Estate was identified in 2011 and found likely to be suitable for development of a gas generating station, with likely suitable gas and electrical grid connection points in


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reasonable proximity, and deliverable by virtue of the land option being signed. Early discussions were held with the local planning authority, RCTCBC.

As to alternative technologies for electricity generation, various technology 6.5.6options were originally considered for the Power Generation Plant operating as a peaking plant: SCGT plant, Combined Cycle Gas Turbine (CCGT) plant and Reciprocating Gas Engines (RGE) plant. The potential for using Combined Heat and Power (CHP) opportunities using these technologies was also considered. During the first half of 2013, further assessment work and surveys were undertaken, along with non-statutory consultation in June 2013. Accordingly these alternatives were considered from environmental, technical and economic perspectives and it was found that an SCGT plant would likely perform better economically and with short start-up times (paying due regard to the Capacity Mechanism, the likely market regime), and lower impacts in respect of water usage, visual impact, noise and land take. A CHP Viability Study (Document Reference: 6.2.0, Appendix 5.1) was undertaken and it demonstrated that CHP provision would not be viable with the choice of SCGT technology and this therefore did not form part of the scheme. At scoping stage and during non-statutory consultation the option for stack height was presented as between 30m – 90m. Subsequent to the close of the consultation period in November 2013, and following further assessment work, this stack height range was refined down to 30m – 35m.

As to alternative layouts for the Power Generation Plant, it was originally 6.5.7considered to lay this out across a rectangular area lying wholly to the north of Main Avenue, as shown in the materials for the consultation undertaken under Section 42, 47 and 48 of the PA 2008 during October and November 2013. Consultation responses received during statutory consultation have served to influence the site layout. Concerns raised regarding ecological and hydrological impacts upon the adjacent bog, a Site of Importance for Nature Conservation (a local designation) influenced the decision to change the Power Generation Plant site boundary to exclude this area and limit development to the existing developed brownfield site of the existing warehousing. Consultation responses were also received in respect of views from Rhigos Road and from rural viewpoints to the north. The DCO Application therefore shows the taller structures situated in the northern part of the site and all structures to remain within the existing developed area, and proposes the maintenance/laydown area on existing hardstanding to the south of Main Avenue, in consideration of these factors.

As to alternative options for the Electrical Connection, at the environmental 6.5.8impact scoping stage, during the first half of 2013, it was explained that a direct route corridor to the new Rhigos Substation would directly affect the bog. An underground cable would have greater direct impacts than those which would arise from overhead lines and towers but the latter would have visual impacts; NPS EN-5 notes at paragraph 2.5.2 that “potential adverse impacts .. can be associated with overhead lines” . At paragraph 2.8.4, NPS EN-5 notes that "wherever the nature or proposed route of an overhead line


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proposal makes it likely that its visual impact will be particularly significant, the applicant should have given appropriate consideration to the potential costs and benefits of other feasible means of connection or reinforcement, including underground and sub-sea cableswhere appropriate" and paragraphs 2.8.8 and 2,8,9 set the context for undertaking an undergrounding assessment where there would be serious concerns about the potential adverse landscape and visual effects of an

overhead line scheme. . Notwithstanding the presence of overhead line towers currently in the vicinity of the Project site, consideration was given to an alternative, slightly longer, underground route comprising an underground cable along the estate roads. The overhead line option and estate road underground cable options were presented at Consultation during October – November 2013. Following consultee comments regarding visual impacts and technical considerations the underground cable route along estate roads was selected.

As to alternative options for the Gas Connection, four possible routes were 6.5.9considered early in the pre-application stage. Following a round of non-statutory community consultation in June 2013 and the environmental impact scoping stage, this was refined to two route corridor options, although both connecting to the NTS at the same point. Following the Section 42, Section 47 and Section 48 consultation in October 2013 – November 2013, the Gas Connection that now forms part of the DCO Application was selected as the final route, albeit it is a slightly realigned route from that consulted on following landowner discussions towards the end of 2013 - early 2014. This choice paid regard to various factors including its lower ecology impacts, discussions with landowners, and technical feasibility. The process of assessing, refining and consulting on the proposed Gas Connection route is in line with advice in NPS EN-4 which states at paragraph 2.19.8 “When designing the route of new pipelines applicants should research relevant constraints …. These can be undertaken by means of desk top studies in the first instance, followed up by consulting the appropriate authority, operator, or conservation body if necessary.”

In parallel with the consideration of alternatives, there have been 6.5.10environmental assessments and architectural design processes that have sought to assess the proposals and identify suitable mitigation proposals, whether comprising a design or engineering feature, or proposing compliance with a specified process or strategy such as those proposed in the Requirements in the Draft DCO (Document Reference 3.1, Schedule 2). The process of designing the Project and identifying mitigation is documented under the relevant topic headings within this document and the Environmental Statement (Document Reference 6.1.0) and within the Consultation Report (Document Reference 5.1.0) and Design and Access Statement (Document Reference 10.2.0). Although not alternatives as such, they form part of the evolution of the Project and have responded to the findings of assessments and responses from consultation.

HPL therefore considers that reasonable alternatives have been considered 6.5.11prior to the making of the DCO Application and such consideration has included reasonable factors at relevant stages, such as consultee comments,


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technical feasibility, the anticipated market regime, and the minimisation of environmental and visual impacts and land take.

HPL considers that the Project Site (i.e. the Order Limits) is an appropriate 6.5.12location at which to develop the Project because:

it is of sufficient size and of a suitable shape to accommodate the Project and is available to HPL;

it has good accessibility;

the location of the Power Generation Plant is on previously developed land and constructing and operating the Project on it would be compatible with local designations;

it avoids environmentally sensitive areas; and

local adverse and environmental impacts are capable of being minimised to an acceptable degree when considered in the context of the wider benefits of the Project.

HPL further considers that the Project Site has been delineated, laid out and 6.5.13designed suitably and proposes appropriate mitigation wherever feasible in line with relevant planning policy considerations. Further assessment of these considerations is provided elsewhere in Section 6 of this document.

Good Design (NPS EN-1, 4.5 and EN-2, 2.3.15-2.3.16) 6.6

NPS EN-1 recognises that Good Design is relevant to energy NSIPs and 6.6.1states at 4.5.1: Applying “good design” to energy projects should produce sustainable infrastructure sensitive to place, efficient in the use of natural resources and energy used in their construction and operation, matched by an appearance that demonstrates good aesthetic as far as possible. It is acknowledged, however that the nature of much energy infrastructure development will often limit the extent to which it can contribute to the enhancement of the quality of the area. NPS EN-2 states in respect of fossil fuel generating stations in particular that “Applicants should demonstrate good design particularly in respect of landscape and visual amenity (..) and in the design of the project to mitigate impacts such as noise and vibration, transport impacts and air emissions.” The Design and Access Statement (Document Reference 10.2.0) explains how these considerations have guided the development of the Project throughout the pre-application period. Specific policy considerations and their achievement in the proposed design are set out further below.

NPS EN-1 states at paragraph 4.5.3 that “Whilst the applicant may not have 6.6.2any or very limited choice in the physical appearance of some energy infrastructure, there may be opportunities for the applicant to demonstrate good design in terms of siting relative to existing landscape character, landform and vegetation.” The form, scale, massing and landscaping has been designed so that the Power Generation Plant blends in with its surroundings minimising visual intrusion from key viewpoints. It was decided


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at an early stage that the gas turbine generator(s) should not be placed in a turbine building. Instead, the turbines will be left as separate individual units, each contained within their own acoustic enclosure. This helps to limit its visual impact in long views including from higher ground in the National Park, for which screen planting would not be entirely effective. By lining these elements in an east-west orientation, views through the spaces are possible and the apparent mass is reduced compared to the solid and 250m-300m long warehouse building on site at present.

Paragraph 4.5.3 of NPS EN-1 states that the SoS will need to be satisfied that 6.6.3proposals are “sustainable and, having regard to regulatory and other constraints, are as attractive, durable and adaptable (including taking account of natural hazards such as flooding) as they can be”. The Project will seek to reuse the ground slab as far as possible to minimise the amount of engineering work and resource use, and would seek to reuse any crushed concrete within the project. As far as is reasonably practical, the Power Generation Plant will use materials which can be disposed of sustainably (e.g. easily re-usable or recyclable) when the plant has reached the end of its life but primarily have been selected for their durability and safety across a 25-year lifespan. The technology chosen has an inherently low requirement for process water. The design of landscape planting will enhance the area’s biodiversity through the retention of existing woodland; the planting of belts of trees to increase the amount of woodland in the area; the reinstatement of planting where possible and appropriate; and careful management of soils during construction works to facilitate plant growth. A dedicated structure will be created for bats to roost in, in the west part of the site, with trees planted nearby and lighting avoided. Bat boxes (35) and bird boxes (30) will be provided and retained. Accordingly it is considered that sustainability, durability, and adaptability have been suitably considered.

Paragraph 4.5.4 of NPS EN-1 seeks that applicants “demonstrate in their 6.6.4application documents how the design process was conducted and how the proposed design evolved. Where a number of different designs were considered, applicants should set out the reasons why the favoured choice has been selected”. The design evolution is explained in the Design and Access Statement (Document Reference 10.2.0) and also the Consultation Report (Document Reference 5.1.0) which explains carefully each stage of the Project, the nature of consultation exercises and the responses received and which influenced the design. The layout of the Power Generation Plant with the taller structures to the north of the site, the selection of an underground rather than an overhead electrical connection, and the inclusion of additional screen planting are noted in particular as matters that were influenced by comments from consultees.

Paragraph 4.5.4 of NPS EN-1 notes that “in considering applications the IPC 6.6.5should take into account the ultimate purpose of the infrastructure and bear in mind the operational, safety and security requirements which the design has to satisfy.” The main operational, safety and security requirements are set out in the Environmental Statement (Document Reference 6.1.0) which describes


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the requirements for sufficient space between certain installations (particularly the gas receiving installation and the banking compound), safety fencing, security perimeter and a gatehouse. The work packages and the Design Principles Statement (Document Reference 10.2.0, Appendix 2) are designed to achieve an appropriate balance between the likely operational requirements (and thus a deliverable energy generation project) and minimising visual effects. The design has also sought to use the site layout in the most efficient way, by locating plant items in close proximity to connections (e.g. gas and electrical infrastructure) and by locating the Power Generation Plant so that it benefits from the maximum screening effects of other existing developments and natural site topography.

Paragraph 4.5.5 of NPS EN-1 states that “applicants are encouraged” to use 6.6.6Design Review services such as those by CABE. The equivalent body in Wales is the Design Commission for Wales. A Design Review panel was convened in January 2014 and attended also by the planning officer from RCTCBC. DCfW provided a detailed report summarising that “this scheme demonstrates best practice in minimising the impact of an infrastructure on the environment”. They advised that the coloured cladding would benefit from “further refinement to create the desired effect of blending with the landscape” which has since been undertaken through a paler colourway shown in the Design and Access Statement and to be complied with through the Design Principles Statement (Document Reference 10.2.0, Appendix 2). The applicant will continue to liaise with the local authority, RCTCBC, in agreeing detailed designs prior to construction such as on detailed matters as to planting, signage and materials through the various Requirements attached to the draft DCO (Document Reference 3.1, Schedule 2) and in compliance with the Design Principles referred to above.

It is considered that the applicant has given regard to all relevant aspects of 6.6.7good design set out in NPS EN-1 and EN-2. The proposed siting, design and landscaping of the Power Generation Plant would represent an improvement to the present condition of Hirwaun Industrial Estate, and would be screened, laid out and designed, wherever feasible, to minimise visual intrusion, from higher ground within the National Park and other relevant viewpoints. The project has received praise from the Design Commission for Wales for the detailed architectural analysis of the site and the “best practice” approach to designing major infrastructure. The applicant has set out an outline approach to detailed design through the Design Principles Statement that would be complied with through the prior approvals under various Requirements attached to the draft DCO (Document Reference 3.1, Schedule 2).

Consideration of Combined Heat and Power (NPS EN-1, 4.6) 6.7

The project is a “peaking plant” which will typically be generating for 1 or 2 6.7.1hours on occasional days throughout the year. It will be in operation for no more than 1500 out of the 8760 hours per year.

In addressing Combined Heat and Power (CHP) Paragraph 4.6.6 of EN1 6.7.2states that “…under Guidelines issued by DECC (then DTI) in 2006 [the


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Combined Heat and Power (CHP) Guidance], any application to develop a thermal generating station under Section 36 of the Electricity Act 1989 must either include CHP or contain evidence that the possibilities for CHP have been fully explored to inform the [Secretary of State]’s consideration of the application,” and that the, “...same principle applies to [DCO applications] under the Planning Act 2008.”

NPS EN-1 states that “The [Secretary of State] should have regard to DECC’s 6.7.3Guidance, or any successor to it, when considering the CHP aspects of applications for thermal generating stations.” Since publication of the DECC Guidance, the Environment Agency (EA) has published its own ‘CHP Ready Guidance for Combustion and Energy from Waste Plants’ which reads at Paragraph 24: “...it is recognised that in some cases (such as peaking plant...) the provision of CHP would not be compatible with the original operating regimes / intentions.”

Therefore the Applicant has given due consideration to the general support in 6.7.4NPS EN-1 for CHP but has also had regard to the latest guidance. Further information can be found in the Design Note for CHP (Document Reference 6.2.0, Appendix 5.1) and is summarised as follows and supplemented with information about the forthcoming Energy Efficiency Directive.

A detailed site identification process was undertaken which considered a 6.7.5range of sites around England and Wales for gas fired power generation plants. Hirwaun was identified as appropriate in terms of where it connected to the grid, which is the key consideration.

To understand any heat demands in the area, an assessment of the DECC 6.7.6online heat map was carried out and this identified no appropriate heat off take opportunities even if the chosen technology provided CHP. Other than engagement with Rhondda Cynon Taf County Borough Council and NRW, HPL has not therefore directly consulted the HCA, LEPs or local authorities in respect of identifying CHP opportunities. It was not considered that this represented a substantial constraint on the suitability of the site, however, given the proposed operating mode.

As discussed in Section 5 of the Environmental Statement (Document 6.7.7Reference 6.1.0), HPL has undertaken a number of further studies in order to refine the technology choice and location for the project. The outcome of these studies has determined that a simple Single Cycle Gas Turbine Plant (SCGT) is the most suitable technology choice for a peaking plant generating up to 299MWe at the Project Site. This has been determined based on a number of environmental, economic and technical considerations. This peaking plant technology involves no steam cycle that would provide an offtake for CHP.

Based on the information above, it can be concluded that there are prohibitive 6.7.8barriers to the application of CHP at the site:


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There is no existing regional heat market. From local searches, there are no suitable heat users of applicable scale to the unpredictable heat available.

No potential future heat requirements in the area have been identified and none that would match the operational pattern of a Peaking power station are anticipated.

The intermittent and peaking modes of operation of SCGT are incompatible with the likely continuous demands of heat users. Because of the lack of applicable heat demands, provisions in the proposed scheme for exploiting any potential heat demand in the future can be excluded.

In addition, the latest EA guidance would not expect CHP to be provided on a 6.7.9plant of this type.

Furthermore, in response to Section 42 consultation NRW (who implement the 6.7.10Environmental Permitting regulations in Wales) stated that an Environmental Permit will be required for operation and stated that: “Energy Efficiency Directive requirements will need to be considered”.

The Energy Efficiency Directive 2012 (2012/27/EU) (the EED) was adopted on 6.7.1115 October 2012 and is to be implemented in Member States on 5 June 2014. Member States are expected therefore to have in force national legislation which will implement the Directive by 5 June 2014 although it is also directly effective. This means that the directive will apply in England and Wales at the time that the DCO Application is being examined. It is understood that in England and Wales that the directive will be enacted through the Environmental Permitting regime.

The EED states support for cogeneration but sets out clear and specific 6.7.12suggested exemptions. One of these is for peak load and back-up electricity generating installations planned to operate under 1,500 operating hours per year (as a rolling average over a period of 5 years).

It is understood that this exemption is to be carried through to the 6.7.13implementing regulations in England and Wales. The Order proposes that the plant be limited to 1,500 hours of operation, as would any Environmental Permit.

It is therefore considered that the due regard has been paid to relevant 6.7.14guidance as required by NPS EN-1, both past and current, and that the general requirement to provide for CHP should be set aside due to the particular operating mode of the proposed Power Generation Plant, which will serve a recognised need for flexible gas generation.

It is further considered that the forthcoming EED, holding legal status and 6.7.15providing an exemption for peaking plants agreed at EU level and understood to form part of the UK implementing regulations, is important and relevant. It is considered that the absence of CHP in the above context is not a significant


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consideration and that the need to deliver flexible gas generation in an immediate timescale, including peaking plants which are recognised at EU and UK levels of law and policy as a necessary type of energy generation, is of significance.

Carbon Capture and Storage (CCS) and Carbon Capture Readiness 6.8(CCR) (NPS EN-1, 4.7)

Section 4.7 of NPS EN-1 explains the considerations to be given to CCS and 6.8.1Carbon Capture and explains that all applications for new combustion plant which are of a generating capacity at or over 300MW and of a type covered by the EU’s Large Combustion Plant Directive (LCPD) should demonstrate that the plant is “Carbon Capture Ready” (CCR). The Project would not meet or exceed the threshold of 300MW and so is not required to demonstrate Carbon Capture Readiness.

Climate change adaptation (NPS EN-1, 4.8) 6.9

Section 4.8 of EN-1 sets out considerations that applicants and the Examining 6.9.1Authority/Secretary of State should take into account to help ensure that new energy infrastructure is resilient to climate change. The potential impacts of climate change have been considered in assessment work undertaken for the Project. A Flood Risk Assessment (Document reference: 5.2.0) accompanies the DCO Application. The FRA identifies that the Project is located entirely within the low risk Zone A on the TAN 15 Development Advice Map and the low risk Flood Zone 1 on the EA indicative flood zone mapping. The FRA concludes that the Project Site is assessed to be at low risk of flooding. The FRA further states that the Project will be designed to ensure there will be no increase in the volume or rate of surface water discharge from the site and hence will have no significant impact on flood risk either within the site or to people and property elsewhere. The Project Site is laid out safely and proposes additional tree planting and screening (as shown in the Design and Access Statement, Document reference 10.2.0).

Section 2.3.13 of NPS EN-2 sets out considerations specifically for fossil fuel 6.9.2generating stations in respect of climate change. NPS EN-2 suggests that as fossil fuel generating stations are likely to be proposed for coastal or estuarine sites, applicants should set out how a proposal would be resilient to: coastal changes and increased risk from storm surge; effects of higher temperatures, including higher temperatures of cooling water; and increased risk of drought leading to a lack of available cooling water. The Project is not located in a coastal region and does not require a supply of cooling water other than that in the proposed tank on site due to the proposed SCGT technology which does not have a steam cycle therefore fluvial or estuarine flooding is not a risk.

Grid connection (NPS EN-1, 4.9) 6.10

The installation of the final part of the Electrical Connection cable (a sealing 6.10.1end compound) will be required to be consented separately under the Town and Country Planning Act or under permitted development rights. Section 4.9


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NPS EN-1 sets out that in the case where an applicant decides to put in separate applications, the reasons for doing so should be explained and sufficient information to comply with the EIA Directive provided. The Examining Authority/Secretary of State must be satisfied that there are no obvious reasons why the necessary approvals for the other element are likely to be refused.

As set out in the Grid Connection Statement (Document Reference 9.1) the 6.10.2Electrical Connection, which forms part of the DCO Application, comprises a new underground electrical cable connection which will export electricity from the Power Generation Plant into the National Grid at Rhigos Substation, which is currently under construction by National Grid Electricity Transmission PLC ("NGET"). The cable would be laid within the roadway and/or pavement of Main Avenue and Fourteenth Avenue from the banking compound (within the Power Generation Plant) to a sealing end compound within the Rhigos Substation.

The location for the sealing end compound is yet to be decided by NGET. 6.10.3Therefore, the Electrical Connection would take the underground cable 65 metres (taken from the centreline of Work Number 5 as shown on the Works Plan (Figure 1) (Document Reference 2.3)) into the Rhigos Substation ready to connect into the sealing end compound.

Once the location of the sealing end compound has been confirmed by NGET 6.10.4a suitable application will be made. Due to the small scale of this development relative to the substation it will lie within, and which is consented and being cleared and built at present, and the absence of significant environmental effects associated with the installation and operation of a sealing end compound on a cleared site, there is no reason to believe that consent would not be granted. Furthermore, between any making of the Order and the commissioning of the Project, there would be at least a two year period allowing for financing and construction, therefore there is adequate time in which to obtain the relevant approval. Discussions are ongoing with NGET as to the timing and matters of cooperation.

Pollution control and other environmental regulatory regimes (NPS EN-1, 6.114.10)

Section 4.10 of NPS EN1 advises that issues relating to discharges or 6.11.1emissions which affect air quality, water quality, land quality or noise and vibration may be subject to separate regulation under the pollution control framework or other consenting and licensing regimes. Chapter 2 of the Environmental Statement (Document Ref 6.1.0) sets out the overall regulatory framework that is relevant to the Project. The requirement for additional consents and licenses is referenced and considered within Chapter 6 (Air Quality), Chapter 7 (Noise and Vibration) and Chapter 9 (Water Quality) of the Environmental Statement and would be obtained at the relevant stages prior to, during or following the operation of the Project.


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Safety (NPS EN-1, 4.11) 6.12

Section 4.11 of NPS EN-1 advises that applicants consult with the HSE on 6.12.1matters relating to safety. The Consultation Report (Document Ref 5.1.0) explains that HPL consulted the HSE during statutory section 42 consultation in October and November 2013. The HSE set out the relevant regulations and duties relating to the Project and established that the Project lies outside consultation zones for explosives licensed sites and other installations.

Hazardous Substances (NPS EN-1, 4.12) 6.13

Section 4.12 of NPS EN1 explains that all establishments wishing to hold 6.13.1stock of hazardous substances above a threshold will require Hazardous Substances Consent. Chapter 10 (Geology, Ground Conditions and Hydrogeology) of the Environmental Statement (Document Ref 6.1.0) states that all hazardous materials will be removed from the Project Site during the construction phase. The plant items do not include items of storage of hazardous substances nor give rise to the need for the same.

Health (NPS EN-1, 4.13) 6.14

Section 4.13 of NPS EN-1 requires the Environmental Statement to identify 6.14.1any adverse health impacts, and identify measures to avoid, reduce or compensate for these impacts as appropriate. The Environmental Statement (Document Reference 6.1.0) contains a chapter assessing impacts on health. In addition, a Health Impact Assessment (Document Reference 10.3.0) has been undertaken for the Project and accompanies the DCO Application and concludes as to how the Project may have an effect on the key factors that can influence people’s health and wellbeing and to suggest ways in which negative health impacts can be mitigated and positive health impacts enhanced. The HIA draws on the methods as set out in the Health Impact Assessment: A Practical Guide (Wales HIA Support Unit, 2012) and responds to a comment at Section 42 Consultation by Public Health Wales requesting one be prepared as good practice. No significant health impacts are identified but mitigation for certain potential health effects is identified as well as likely neutral or positive impacts.

Common law nuisance and statutory nuisance (NPS EN-1, 4.14) 6.15

Section 4.14 of NPS EN1 stresses the importance of considering whether an 6.15.1NSIP may give rise to nuisance and how this may be mitigated or limited. The Statement of Engagement of Section 79(1) of the Environmental Protection Act 1990 (Document Ref 5.3.0) provides an assessment the condition of the site, potential air quality impacts, noise levels, artificial lighting and health effects generated by the Project during both construction and operation. In all cases, the application of embedded mitigation measures will prevent impacts which are considered to have the potential to result in statutory nuisance.


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Security considerations (NPS EN-1, 4.15) 6.16

Section 4.15 of NPS EN-1 outlines that Government policy is to ensure that, 6.16.1where possible, proportionate protective security measures are designed into new infrastructure projects at an early stage in the project development. No section 42 consultation responses were received raising relevant security concerns. Work No. 2 shown on the Works Plans (Document Reference 2.3) includes security infrastructure including a security perimeter, lighting, cameras and a gatehouse which are considered appropriate as would set back of trees from such perimeter fencing. Mitigation of consequential visual effects is set out in the Design and Access Statement (Document Reference 10.2.0).

Air quality and emissions (EN-2, 2.5) 6.17

NPS EN-1 acknowledges that air quality and emissions are likely to be a key 6.17.1area of concern when assessing the development of a power generating plant. Paragraph 5.2.4 of NPS EN-1 states: “Emissions from combustion plants are generally released through exhaust stacks. Design of exhaust stacks, particularly height, is the primary driver for the delivery of optimal dispersion of emissions and is often determined by statutory requirements”

Those statutory requirements are enforced through the environmental 6.17.2permitting regime and therefore the actual emissions levels are expected to be controlled through a permit issued by Natural Resources Wales. HPL has been in discussions with NRW about an EP and supplied NRW with detailed information in relation to the same. HPL is seeking to produce a Statement of Common Ground with NRW before any Examination of the DCO Application to address anticipated EP requirements.

Paragraphs 5.2.6 and 5.2.7 of NPS EN-1 and Paragraph 2.5.5 of NPS EN-2 6.17.3set out the requirements for applicants to assess issues relating to air quality and emissions as part of an Environmental Statement. NPS EN-1 states “The ES should describe:

any significant air emissions, their mitigation and any residual effects distinguishing between the project stages and taking account of any significant emissions from any road traffic generated by the project;

the predicted absolute emission levels of the proposed project, after mitigation methods have been applied;

existing air quality levels and the relative change in air quality from existing levels; and

any potential eutrophication impacts.”

In accordance with NPSs EN-1 and EN-2, an assessment of the likely 6.17.4impacts, in respect of air quality and emissions, has been undertaken in the EIA and findings are presented in the Environmental Statement (Document Reference 6.1.0), which is submitted as part of the DCO application.


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The impacts of the Project in respect of air quality and emissions have been 6.17.5examined at the construction/demolition and operational phases, in compliance with the requirements of NPS EN-1. The Environmental Statement (Document Reference 6.1.0) states that the direct impact of operational and construction traffic has been scoped out of the assessment due to the low number of daily vehicle movements.

During the construction phase of the Project, it is anticipated that there will be 6.17.6residual effects. However, the impacts relating to construction activities are all temporary, and once construction is completed (i.e. final landscaping has been completed), no emissions to air are likely.

It is predicted that there will be no significant adverse residual effects 6.17.7generated by the Project once operational. The Environmental Statement (Document Reference 6.1.0) states that, with the stack height set at 30m (as a realistic worst case) and NOx emissions at the limit set by the IED (50mg/Nm³), the effects of the Project on ambient air quality are negligible in significance.

Section 4.10 of NPS EN-1 requires that suitable measures are implemented in 6.17.8order to control any impacts of pollution. Accordingly, in order to mitigate potential impacts during the construction phase, a CEMP will be implemented. During operation, the Project will require an environmental permit, which will be monitored by NRW to assess the performance of the plant against the permit conditions. The performance of the emissions control will also require monitoring by stack emissions testing throughout operation.

The Environmental Statement reports, at Paragraphs 1.7.7 and 1.9.6 6.17.9(Document Reference 6.1.0) that “The predicted significance of the impact of the operation of the Project is negligible and does not warrant further mitigation. Indeed, mitigation of the impacts of the Power Generation Plant is implicit in the project design through the specification of an appropriate stack height and the use of emissions control (e.g. Dry Low NOX burners) to maintain emissions within the limits set by the IED. (…) and “In particular, for ambient pollutant concentrations, total predicted environmental concentrations with the operation of the plant are well within the air quality objectives set in UK regulations for the protection of health and ecosystems.”

Policy AW 10 of the Rhondda Cynon Taf Local Development Plan seeks 6.17.10that development proposals should not cause or result in a risk of unacceptable harm to health and / or local amenity because of air pollution, unless it can be demonstrated that measures can be taken to overcome any significant adverse risk. As discussed above, there is sufficient evidence within the Environmental Statement itself to prove that the effect of the development on air quality will be negligible.

When considered against NPS assessment criteria and, bearing in mind 6.17.11that the air quality and emissions are not expected to be impacted in any significant way by the proposed Project, then there is no expectation of any significant adverse impact in respect of air quality and emissions. Accordingly,


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the proposals meet the aims and requirements of relevant national and local planning policies and air quality legislation, and no important and relevant considerations arise to the contrary, and thus the proposal is considered acceptable in respect of air quality and emissions.

Landscape and Visual (EN-1, 5.9 and EN-2, 2.6) 6.18

In accordance with NPS EN-2, an assessment of the likely landscape and 6.18.1visual impact associated with the Project has been undertaken in the EIA and the findings are presented in Chapter 11 of the Environmental Statement (Document Reference 6.1.0), which is submitted as part of the DCO Application. The landscape and visual impacts have been considered at the construction, operation and decommissioning stage (set out below), in compliance with the requirements of paragraph 5.9.6 of NPS EN-1.

It has been assessed that the construction of the Power Generation Plant will 6.18.2cause minor impacts in respect of earthworks, site clearance works, vegetation removal, construction traffic and construction lighting. Similar potential impacts may be experienced during the construction of the Gas Connection and Electrical Connection, although construction works would be a smaller undertaking than for the Power Generation Plant and hence impacts would be minor or negligible.

During operation of the Power Generation Plant, the impacts on landscape 6.18.3and visual amenity would result from introduction of permanent structures, in particular the stacks of the Power Generation Plant, which would be the largest structure on site. There would be no visible plume from the stacks under usual climactic conditions. The landscape character of the Brecon Beacons National Park would not be directly affected by the Project. There would be no landscape or visual impacts during the operation phase from the Electrical Connection or the majority of the Gas Connection, as the connections would be buried underground. There may be minor impacts from the Above Ground Installation, although this would be screened with vegetation to prevent any significant landscape and visual impacts.

During decommissioning of the Power Generation Plant, similar impacts to 6.18.4those predicted during construction may be experienced. No impacts are anticipated during decommissioning of the Gas Connection and Electrical Connection, as both connections will be left in situ.

Section 2.6 of EN-2 notes that it is not possible to eliminate the visual impacts 6.18.5associated with a fossil fuel generation station, however, mitigation is required to reduce the visual intrusion and impact on visual amenity as far as reasonably practicable. Section 5.9 of NPS EN-1 states that adverse landscape and visual effects may be minimised through appropriate siting of infrastructure, materials and design, and landscaping schemes. Paragraph 2.3.16 of EN-2 states that ‘good design’ should include consideration of landscape and visual amenity. Further, TAN 12 ‘Design’ (supplementing Chapter 4 of PPW) states that good design solutions should maximise natural landscape assets and minimise environmental impact on the landscape.


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Accordingly, the design of the Power Generation Plant, Electrical Connection and Gas Connection has been subject to detailed consideration and assessment in order to minimise its visual impact. In particular the taller structures have been located in the north part of the Power Generation Plant site to minimise visual impacts from Rhigos Road which is a well-used road and has scattered residential properties. The taller structures are also spaced apart and consideration would be given to aligning them in order to minimise apparent bulk in long views from higher ground such as from the National Park to the north. These and other influences of consultation and assessment processes on the Project proposals, in the interests of good design, are documented in the Design and Access Statement (Document Reference 10.2.0) and the Consultation Report (Document Reference 5.1.0).

In order to minimise the impacts of the Project during construction, a CEMP 6.18.6will be implemented. The CEMP will include a number of measures to mitigate the landscape and visual impact in accordance with section 5.9 of NPS EN-1 and section 2.6 of NPS EN-2, including: tree retention and protection, temporary storage of topsoil to screen construction works, agreed site access points, maintenance of site compound, lighting provision in accordance with the Outline Lighting Strategy, and reseeding and planting within the Project Site.

For the operation of the Power Generation Plant, Gas Connection and 6.18.7Electrical Connection, a number of additional mitigation measures will be implemented, in accordance with section 5.9 of NPS EN-1 and section 2.6 of NPS EN-2. Mitigation measures will include hedgerow planting on the perimeter of the site, amenity planting of large trees at the site entrance, and designing external lighting to reduce trespass, glare and spillage.

Paragraph 5.9.12 of NPS EN-1 states that regard should be given to the 6.18.8purposes of nationally designated areas when considering applications for projects outside the boundaries of these areas which may have impacts within them. The site is located approximately 250m to the south (at its closest point) of the Brecon Beacons National Park, the purposes of which are set out in the Brecon Beacons National Park Local Development Plan (2013) and the Brecon Beacons National Park Management Plan (2010-2015).

Strategic Objective SQ1 of the Brecon Beacons National Park Local 6.18.9Development Plan (2013) seeks “to conserve and enhance the special qualities of the Brecon Beacons National Park.” Similarly, Landscape Strategic Objective 1 of the Brecon Beacons National Park Management Plan (2010-2015) seeks “to conserve and enhance the special qualities of the Brecon Beacons National Park.” The findings of the EIA – presented in the Environmental Statement (Document Reference 6.1.0) – anticipate a slight adverse impact on views out of the Brecon Beacons National Park for some receptors once the Power Generation Plant is built. However, Paragraph 5.9.13 of NPS EN-1 notes that the fact that a proposed project will be visible from within a designated area should not in itself be a reason for refusing consent. It is considered that the proposed mitigation measures during


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construction and operation will reduce the visual intrusion and impact of the Project on visual amenity as far as reasonably practicable, in accordance with section 2.6 of NPS EN-2.

Section 5.9 of NPS EN-1 recognises that all proposed energy 6.18.10infrastructure is likely to have visual effects for receptors around proposed sites; however, in determining proposals, a judgement is to be made as to whether the visual effects on sensitive receptors outweigh the benefits of the project. In this instance, given the current industrial nature of the Power Generation Plant Site, no likely significant residual environmental impacts are anticipated on landscape and visual amenity as a result of the Project. It is noted at 5.9.19 that consideration may be given as to examples of existing permitted infrastructure with a similar magnitude of impact on sensitive receptors. The existing 250m-300m long warehouse building on the site, around 12m high, is visible in long views due to its unbroken massing and pale colour.

Whilst there would be minor adverse residual impacts on the Brecon 6.18.11Beacons National Park and Hirwaun Common Special Landscape Area, these are not sufficient to affect the special qualities of the National Park and the benefits of the Project (as set out in section 7 of this report) are considered to substantially outweigh the identified effects, with mitigation such as the Lighting Strategy and screen planting being appropriate and feasible. Accordingly, the proposals meet the aims and requirements of relevant planning policy, and no important and relevant considerations arise to the contrary, thus the proposal is considered acceptable in respect of landscape and visual amenity.

Noise and vibration (EN-2, 2.7) 6.19

In accordance with section 2.7 of NPS EN-2, an assessment of the likely noise 6.19.1and vibration impacts associated with the Project has been undertaken in the EIA and the findings are presented in Chapter 7 of the Environmental Statement (Document Reference 6.1.0), which is submitted as part of the DCO Application. A Statement of Engagement of Section 79(1) of the Environmental Protection Act 1990 (Document Reference 5.3.0) has also been prepared – fulfilling regulation 5(2)(f) of the AFFP Regulations – to assess the condition of the site, potential air quality impacts, noise levels, artificial lighting and health effects generated by the proposed Project. The noise and vibration effects have been considered at the construction, operation and decommissioning stage, in compliance with the requirements of section 5.11 of NPS EN-1.

It has been assessed that there will be a ‘minor’ noise impact from activities 6.19.2relating to the construction and decommissioning of the Power Generation Plant, Gas Connection and Electrical Connection. There will be a ‘minor to major’ noise impact resulting from the operation of the Power Generation Plant, and a ‘negligible’ impact from the operation of the Gas Connection and Electrical Connection.


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Section 5.11 of NPS EN-1 and section 2.7 of NPS EN-2 state that the primary 6.19.3mitigation for noise from fossil fuel generating stations is through good design, including enclosure of plant and machinery to minimise the potential for operations to create noise. Paragraph 2.3.16 of EN-2 states that ‘good design’ should include mitigation of impacts such as noise and vibration. Accordingly, the design of the Power Generation Plant, Electrical Connection and Gas Connection has been subject to detailed consideration and assessment in order to minimise the noise and vibration impact. TAN 11 ‘Noise’ (supplementing PPW chapter 13) provides advice on how the planning system can be used to minimise the adverse impact of noise. Accordingly, the site layout design has been considered in detail to ensure that the noise and vibration impacts of the proposed development during the construction, operation and decommissioning phases are mitigated as far as possible.

In order to minimise the effects during construction, a CEMP will be 6.19.4implemented, which will include measures such as use of the quietest possible construction equipment. To minimise the ‘minor to major’ noise and vibration impacts during operation, a number of mitigation measures are incorporated within the design, including high performance acoustic enclosures, high performance silencers, major compressors, unit transformers and generator transformers. Noise limits at the Power Generation Plant Site boundary will be the subject of a DCO requirement and will be monitored by the Environmental Health Officer at RCTCBC. In cases where abnormal operation of the plant occurs and causes excessive noise levels, the operator will inform the local authority and residents of the reasons for these operations and the anticipated emergency period. Implementation of these mitigation measures will result in a minor residual impact during construction, operation and decommissioning of the Power Generation Plant, Gas Connection and Electrical Connection.

Paragraph 5.11.9 of NPS EN-1 states that development consent should not be 6.19.5granted unless the proposals: avoid significant adverse impact on health and quality of life from noise; mitigate and minimise other adverse impacts on health and quality of life from noise; and, where possible contribute to improvements to health and quality of life through the effective management and control of noise. As set out above and assessed in the EIA (and presented in the Environmental Statement (Document Reference 6.1.0)), the proposals have been designed to avoid generating any significant adverse impacts in respect of noise and vibration. A number of mitigation measures will be implemented throughout the construction and operations phases of the development in order to minimise and effectively manage noise and vibration effects emitting from the Power Generation Plant, Gas Connection and Electrical Connection. In this regard, the proposals meet the aims and requirements of relevant planning policy, and no important and relevant considerations arise to the contrary, thus the proposal is considered acceptable in respect of noise and vibration.


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Water quality and resources (EN-2, 2.10) 6.20

Section 5.15 of NPS EN-1 states that, where a project is likely to have effects 6.20.1on the water environment, an assessment should be undertaken of the impacts of the proposed project. Accordingly, an assessment of the likely effects on water quality and resources associated with the Project has been undertaken in the EIA and the findings are presented in Chapter 9 of the Environmental Statement (Document Reference 6.1.0), which is submitted as part of the DCO Application. The impact of the Project on the existing water quality and resources has been considered at the construction, operation and decommissioning stage (set out below), in compliance with the requirements of section 5.15 of NPS EN-1.

It has been assessed that the main potential impacts that may result from 6.20.2construction of the Power Generation Plant are the risk of contaminated material entering a surface water body through natural surface runoff from the Site, flood risk and the risk of damage to the culverted watercourse beneath the Project Site. The Gas Connection requires the crossing of at least two minor field drains and thus it is anticipated there would be a moderate adverse impact on water quality during construction. The Electrical Connection is not in close proximity to any watercourses and therefore no impacts to water quality are anticipated during construction.

Consideration of the culverted River Camnant / Nant yr Ochain watercourse 6.20.3and considerations as to water quality have been discussed with RCTCBC in January 2014. RCTCBC advised against building over the existing culvert due to the risk of damage, and acknowledged that opening up the existing culvert or diverting the culvert may not be feasible for the Project. Further to discussions, the design of the Project has avoided building over the culvert, and it is proposed that an appropriate strategy for management can be dealt with prior to commencing construction. Potential disturbance to the culvert is likely to be avoidable, but any application for Ordinary Watercourse Consent would consider the requirements of the Water Framework Directive and any measures necessary to prevent temporary construction impacts in that regard, in compliance with the overall provisions of NPS EN-1.

During operation of the Power Generation Plant, it is predicted that there 6.20.4would be a neutral impact on water supply resources, flood risk, and foul water drainage systems and a slight adverse impact on water quality due to potential contamination of surface water runoff. It is anticipated that there would be no impacts on water quality and resources associated with the operation of the Gas Connection and Electrical Connection.

During decommissioning of the Power Generation Plant, similar impacts to 6.20.5those predicted during construction may be experienced. No impacts are anticipated during decommissioning of the Gas Connection and Electrical Connection.

Paragraph 5.15.9 of NPS EN-1 states that the risk of impacts on the water 6.20.6environment can be reduced through careful design to facilitate adherence to


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good pollution control practice. Accordingly, the design of the Power Generation Plant, Electrical Connection and Gas Connection has been subject to detailed consideration and assessment in order to minimise the impact on water quality and resources.

In accordance with Section 2.10 of NPS EN-2, a number of measures will be 6.20.7implemented to minimise the impacts of the Project on water quality and resources. In order to minimise effects during construction, a CEMP will be implemented, which will include measures to ensure that no leachate or any surface water has the potential to be contaminated; minimising water inflows to excavated areas; locating stockpiled material away from watercourses; designing construction access roads to ensure no increased flood risk; and installing under-drainage schemes to an agreed specification. In order to minimise effects during operation of the Power Generation Plant, several mitigation measures have been embedded into the design of the Project, including designing site infrastructure in accordance with EA Pollution Prevention Guidelines and industry best practice; storing static plant and hazardous materials within specifically designed areas; and incorporating oil separators to assist with site drainage.

Rhondda Cynon Taf Local Development Plan Policy AW10 states that 6.20.8development proposals will not be permitted in the instance that they would cause or result in a risk of unacceptable harm to health and/or local amenity because of water pollution, unless it can be demonstrated that measures can be taken to overcome any significant adverse risk. As set out above and assessed in the EIA (and presented in the Environmental Statement (Document Reference 6.1.0))), the proposals have been designed to avoid generating any significant adverse impacts in respect of water quality and resources. Following the implementation of the proposed mitigation measures, the Project would only have slight effects due to run off which is inevitable for many forms of use of such a site, which is designated for waste management and economic development uses in the Local Development Plan, and which would be minimised through the identified mitigation. On this basis, the proposals meet the aims and requirements of relevant planning policy and no important and relevant considerations arise to the contrary, thus the proposal is considered acceptable in respect of water quality and resources.

Biodiversity and geological conservation (EN-1, 5.3) 6.21

In accordance with NPS EN-1, an assessment of the likely effects on 6.21.1internationally, nationally and locally designated sites of ecological or geological conservation importance, on protected species, and on habitats and other species of principal importance has been undertaken in the EIA, and the findings are presented in the Environmental Statement (Document Reference 6.1.0), which is submitted as part of the DCO Application. Chapter 8 of the Environmental Statement describes the effects and mitigation measures of the Project in respect of ecology, and Chapter 10 of the Environmental Statement describes the effects and mitigation measures in


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respect of geology, ground conditions and hydrogeology. The impacts of the Project, in respect of biodiversity and geological conservation, have been considered at the construction, operation and decommissioning stage (set out below), in compliance with the requirements of section 5.3 of NPS EN-1.

PPW Chapter 5 sets out the Welsh Government’s overarching advice on the 6.21.2conservation of biodiversity and includes guidance on integrating the requirements of development and conservation. The design and layout of the Power Generation Plant, Electrical Connection and Gas Connection have been subject to detailed consideration and assessment in accordance with this guidance.

It has been found that, without mitigation, there could be effects resulting from 6.21.3construction of the Power Generation Plant and Gas Connection on ecological receptors including Dyffrynnoedd Nedd a Mellte, a Moel Penderyn; Hirwaun Industrial Estate SINC; Hirwaun Common SINC, Hirwaun Ponds and Hirwaun Ponds North SINC, broad leaved semi-natural woodland; marshy grassland; semi-improved neutral grassland; water voles; otters; bats; and breeding birds. There will be no likely effects on any Valued Ecological Receptors resulting from the construction of the Electrical Connection. During operation, it has been assessed that there will be a ‘significant’ pre-mitigation effect resulting from construction of the Power Generation Plant on breeding birds. There will be no likely effects on any Valued Ecological Receptors resulting from the operation of the Gas Connection and Electrical Connection. It is anticipated that similar impacts to those predicted during construction will be experienced during decommissioning, as the two phases involve similar activities.

It is considered that there are no likely significant effects on the European 6.21.4designated sites such as Blaen Cynon SAC and Cwm Cadlan SAC lying to the north of the Project site. In accordance with NPS EN-1 at 4.3, and to assist the Examining Authority/Secretary of State in considering whether the project may have a significant effect on a European site, or on any site to which the same protection is applied as a matter of policy, either alone or in combination with other plans or projects, information has been provided in a No Significant Effects Report (Document Reference 5.5.0). The report also documents the assessments made as to air quality matters and discussions held and ongoing with the relevant regulator, namely Natural Resources Wales.

Paragraph 5.3.18 of NPS EN-1 states that, during construction, appropriate 6.21.5mitigation measures should be included to ensure that activities will be confined to the minimum areas required for the works, and to ensure that the risk of disturbance or damage to species is minimised. Accordingly, a variety of measures would be used to avoid, minimise and mitigate impacts during construction, including altering the layout to reduce the number of bat roosts requiring demolition, targeted pollution control, production of Method Statements for working within/adjacent to Site of Importance for Nature Conservation sites, and the provision of new and replacement bat roosting sites. An outline European Protected Species licence application in respect of bats has been submitted to NRW for comments and on 20 March 2014, NRW


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confirmed that "in principle, and based upon the current nature of bat use and delivery of the commitments set out within the method statement, Natural Resources Wales is of the view that the proposed project will not cause detriment to the maintenance of the favourable conservation status of the bat species present".

Paragraph 5.3.18 of NPS EN-1 also states that, during operation, appropriate 6.21.6mitigation measures should be included to ensure that the risk of disturbance or damage to species is minimised. In order to mitigate the impacts of the Power Generation Plant during operation, and to avoid disturbance to species in accordance with NPS EN-1, several mitigation measures will be implemented, including installation of bird and bat boxes in retained vegetation (in accordance with the Design Principles (Document Reference 10.2.0 Appendix 2) and production of a detailed lighting strategy in accordance with the Draft Lighting Strategy (Document Reference 6.2.0, Appendix 11.2) and secured through the Lighting and Ecological Management Plan requirements and other requirements attached to the DCO (see Schedule 2 to the draft DCO, Document Reference 3.1). These are also considered to support the aims of the RCTCBC Nature Conservation SPG.

NPS EN-1 states that development should aim to avoid significant harm to 6.21.7biodiversity and geological conservation interests through mitigation and consideration of reasonable alternatives. Following the implementation of the mitigation measures set out above, the residual impacts on ecological receptors are considered to be either not significant, of slight effect – in respect of breeding birds - or to deliver positive effects. The Project meets the overall objectives of relevant planning policy and no important and relevant considerations arise to the contrary, thus the Project is considered acceptable in respect of biodiversity and geological conservation.

Civil and military aviation and defence interests (EN-1, 5.4) 6.22

The Project does not affect civil aviation interests by its nature and limited 6.22.1overall height, as confirmed in the response to Section 42 consultation by the Civil Aviation Authority. This is documented in the Consultation Report (Document Reference 5.1.0, Table 4.29). The Project is not located near to any military aerodromes and lies some distance south of the central Wales Tactical Training Area, and existing overhead line towers (pylons) and wind turbines in the vicinity of the Project are considerably taller than the proposed tallest structures. The Project, therefore, is considered to comply with relevant policy in this regard.

Dust, odour, artificial light, smoke, steam and insect infestation (EN-1, 6.235.6)

NPS EN-1 acknowledges that the construction/demolition, operation and 6.23.1decommissioning of energy infrastructure has the potential to affect air quality through the release of odour, dust, steam, smoke, artificial light and insect infestation.


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Paragraph 5.6.5 of EN-1 provides advice regarding the assessment of these 6.23.2impacts. It is advised that the assessment should describe:

“the type, quantity and timing of emissions;

aspects of the development which may give rise to emissions;

premises or locations that may be affected by the emissions;

effects of the emission on identified premises or locations; and

measures to be employed in preventing or mitigating the emissions.”

In accordance with NPS EN-1, an assessment of the likely impacts associated 6.23.3with the proposed development during construction, operation and decommissioning has been undertaken in the EIA and the findings are presented in the Environmental Statement (Document Reference 6.1.0), which is submitted as part of the DCO Application. A Statement of Engagement of Section 79(1) of the Environmental Protection Act 1990 (Document Reference 5.3.0) has also been prepared – fulfilling regulation 5(2)(f) of the AFFP Regulations – to assess the condition of the site, potential air quality impacts, noise levels, artificial lighting and health effects generated by the Project.

As set out within the Air Quality chapter of the Environmental Statement 6.23.4(Document Reference 6.1.0) and the Statement of Engagement of Section 79(1) of the Environmental Protection Act 1990 (Document Reference 5.3.0), it is considered that the construction and operation of the Project has the potential to affect air quality due to dust and particulate matter emissions e.g. site clearance, stockpiling, materials transport, trenching and exhaust emissions. The significance of these impacts pre-mitigation would be likely to be slight to moderate adverse.

In accordance with section 5.6 of NPS EN-1, a number of measures would be 6.23.5implemented in order to mitigate the potential impact of dust and particulate matter emissions. During construction a CEMP would be implemented, which would include a Dust Management Plan (DMP) – developed in consultation with the local authority and relevant regulatory bodies – and provision for the management of traffic during construction, in particular to avoid increased congestion and vehicle emissions during works at the access point to the Project from Rhigos Road. In addition, monitoring would be undertaken and a real time monitor for total suspended particulate matter would be installed to minimise the risks for ecosystems to dust deposition. It is predicted that the successful implementation of the CEMP would reduce the significance of impacts to slight adverse.

In respect of odours, the impact resulting from the Project has been scoped 6.23.6out following the Scoping Opinion (Document Reference: 6.2.0, Appendix 1.2) issued by the Planning Inspectorate in July 2013.

In respect of smoke and steam, no emission of combustion-related products is 6.23.7expected other than those issuing from the stack. In accordance with section


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5.6 of NPS EN-1, these emissions will be mitigated for and controlled by an environmental permit, to be monitored by NRW.

In respect of artificial light, it is considered that the potential for significant 6.23.8obtrusive light to arise from the development is negligible if the design objectives (including ecology and visual amenity) are adopted and the limits in the recommended Institute of Lighting Professionals environmental zones can be achieved. Accordingly, this complies with Policy AW 10 of the Rhondda Cynon Taf Local Development Plan, which states that development proposals will not be permitted in the instance that they would cause or result in a risk of unacceptable harm to health and / or local amenity because of light pollution.

In respect of insect infestation, the site does not handle any waste foodstuff or 6.23.9insect attracting material. In accordance with section 5.6 of NPS EN-1, in order to mitigate any potential impact, any on-site waste bins would be regularly emptied and any rest rooms or areas designated for dining would be kept clean and free from insect attracting material. In the unlikely event that an infestation did occur, it would be dealt with by proprietary means and where appropriate, specialist external services would be utilised.

Section 5.6.7 of NPS EN-1 states that, in decision making, the Examining 6.23.10Authority/Secretary of State should be satisfied that an assessment of the potential effects in respect of – artificial light, dust, odour, smoke, steam and insect infestation – has been carried out; and be satisfied that all reasonable steps have been taken to minimise any detrimental impacts. As summarised above, and as explained in the Environmental Statement (Document Reference 6.1.0)and Statement of Engagement of Section 79(1) of the Environmental Protection Act 1990 (Document Reference 5.3.0), the application of mitigation measures will prevent any significant adverse impacts arising from the Project in respect of these potential issues. Accordingly, the proposals meet the aims and requirements of relevant planning policy, and no important and relevant considerations arise to the contrary, thus the proposal is considered acceptable in this respect.

Flood risk (EN-1, 5.7) 6.24

Paragraph 5.7.4 of NPS EN-1 requires that applications for energy projects of 6.24.11 hectare or greater in Flood Zone 1 in England or Zone A in Wales and all proposals for energy projects located in Flood Zones 2 and 3 in England or Zones B and C in Wales should be accompanied by a flood risk assessment (FRA). Accordingly, an assessment of the likely flood risk impacts associated with the proposed development has been undertaken in the Flood Risk Assessment (Document Reference 5.2.0), which is submitted as part of the DCO Application.

Further to the requirements of section 5.7 of NPS EN-1 and TAN 15 (which 6.24.2supplements PPW Chapter 13), the Project design has sought to ensure that there will be no increase in the volume or rate of surface water discharge from the Project Site and hence there will be no significant impact on flood risk.


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The findings of the FRA conclude that the Project will result in no increased 6.24.3flood risk to the Project Site or people and properties outside of the Project Site . The FRA states that surface water drainage will be designed to ensure no surface water flooding within the Project Site up to the 1 in 30 year event and no increased risk of flooding to people and property elsewhere in events up to the 100 year plus 20% climate change event.

On this basis, the Flood Risk Assessment concludes that there are no 6.24.4significant flood risks associated with the site, as there are no identified flood risks from groundwater or overland flow and no known records of historical flooding within the Project Site .

Due regard has been given to the culverting policy of RCTCBC which seeks 6.24.5that, if practical, culverts are reopened. The culverted River Camnant / Nant yr Ochain watercourse lies beneath the site of Work Nos 1 & 2 (the Power Generation Plant). Considerations of surface water drainage were discussed at a meeting with RCTCBC in January 2014. RCTCBC advised against building over the existing culvert due to the risk of damage, and acknowledged that opening up the existing culvert or diverting the culvert may not be practical for the Project. Further to discussions, it has been established that due to safety, setback/fencing requirements and the need for various crossovers and turns if the watercourse were open, it is not practical to open up the culvert in part or full within the site. The design of the Project demonstrates that it is feasible to avoid building over the culvert, and it is proposed that an appropriate strategy for management can be dealt with prior to commencing construction. Whilst disturbance to the culvert would be avoided so far as feasible, should it be found necessary then any application for Ordinary Watercourse Consent would be made sufficiently far in advance and with suitable supporting information to consider relevant flood risk requirements and propose no materially greater restriction to flow, with sufficient flexibility being provided in the site layout to accommodate a variety of suitable courses. In this regard the proposals would accord with relevant policy and would be deliverable, of no additional environmental impact and operationally safe.

Policy AW10 of the Rhondda Cynon Taf Local Development Plan states that 6.24.6proposals will not be permitted where they would cause or result in a risk of unacceptable harm to health and /or local amenity because of flooding, unless it can be demonstrated that measures can be taken to overcome any significant adverse risks. As discussed above, the FRA has found that there is no significant risk of flooding associated with the Project. Accordingly, the proposals meet the aims and requirements of relevant planning policy, and no important and relevant considerations arise to the contrary, thus the proposal is considered acceptable in respect of flood risk.

Historic environment (EN-1, 5.8) 6.25

Section 5.8 of NPS EN-1 acknowledges that the construction, operation and 6.25.1decommissioning of energy infrastructure has the potential to result in adverse impacts on the historic environment.


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Accordingly, an assessment of the likely impacts on the historic environment 6.25.2associated with the Project has been undertaken in the EIA and findings are presented in Chapter 13 of the Environmental Statement (Document Reference 6.1.0), which is submitted as part of the DCO Application. Chapter 13 of the ES has been prepared in accordance with the requirements of Paragraph 5.8.8 of NPS EN-1, which states that the applicant should provide a description of the significance of the heritage assets affected by the proposed development and the contribution of their setting to that significance.

PPW Chapter 5 sets out the Welsh Government’s overarching advice in a 6.25.3planning context on conserving heritage. It includes guidance on integrating the requirements of development and conservation in Wales. The context of the historic environment associated with the Project Site largely comprises either: (largely below ground) features that could potentially be physically disturbed during the demolition and construction phases, or, other features that could have their setting affected by the presence of the completed project.

It is anticipated that Heritage Asset HA06 (referenced in Chapter 14 of the 6.25.4Environmental Statement (Document Reference 6.1.0)) could potentially be physically disturbed during the demolition and construction phases of the Project. Accordingly, in order to mitigate and minimise the potential impact, in accordance with NPS EN-1, a programme of archaeological mitigation would be required in order to preserve any remains. It is also recommended that a building investigation of extant WWII structures be carried out prior to any building work, and a watching brief or prior evaluation is carried out along the corridors of the Gas and Electrical connections during pipe-laying.

Prior to the demolition and construction phases of the Project, it is also 6.25.5anticipated that a Written Scheme of Investigation (WSI) would be agreed with RCTCBC. The WSI would set out investigative measures such as evaluation trenching prior to construction, and monitoring of ground disturbance during construction and topsoil stripping activities.

It has been assessed that the setting of heritage assets within a 5 km radius of 6.25.6the Power Generation Plant, excluding findspots, would be subject to a neutral to moderate/slight adverse effect. No mitigation is identified, particularly as the assets that would be potentially impacted upon are all located on mountain-tops, and therefore mitigation such as tree planting or screens would not be appropriate, although it should be noted that the Design Principles Statement (Document Reference 10.2.0, Appendix 2) set out proposals for the finishing and siting of the taller structures in the Power Generation Plant to minimise wider landscape and heritage setting impacts, which represent additional mitigation. Guidance in section 5.8 of NPS EN-1 states that the particular nature of the heritage asset should be considered to avoid conflict between conservation and proposals for development. Policy provided in paragraph 5.8.18 seeks that where setting is affected, the wider benefits are weighed against the significance of the heritage asset affected. It is considered that the wider benefits of the Project weigh in favour of the small effect on certain assets’ setting.


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Policy AW 8 of Rhondda Cynon Taf Local Development Plan seeks to 6.25.7preserve and enhance the natural heritage of the County Borough by resisting inappropriate development. As set out above and explained in the Environmental Statement (Document Reference 6.1.0), it is anticipated that, following implementation of the proposed mitigation measures, there will not be any remaining residual impacts on the archaeology and cultural heritage within the Project Site Boundary and its 5 km Study Area.

Accordingly, the proposals meet the aims and requirements of relevant 6.25.8planning policy, and no important and relevant considerations arise to the contrary, thus the proposal is considered acceptable in respect of the impact on the historic environment.

Land use including open space, green infrastructure and Green Belt (EN-6.261, 5.10 and EN-2, 2.2)

NPS EN-2 notes that “Fossil fuel generating stations have large land footprints 6.26.1and will therefore only be possible where the applicant is able to acquire a suitably-sized site” (NPS EN-2, paragraph 2.2.2). It is also notes that “Applicants should locate new fossil fuel generating stations in the vicinity of existing transport routes wherever possible.” These factors, along with consideration of the nature and intensity of neighbouring land uses and the proximity of grid connections to minimise construction effects on the surrounding area, have been taken into account in selecting the site.

NPS EN-1 notes at 5.10 that “An energy infrastructure project will have direct 6.26.2effects on the existing use of the proposed site and may have indirect effects on the use, or planned use, of land in the vicinity for other types of development.”

Planning Policy Wales (Edition 6, February 2014, Welsh Government) seeks 6.26.3to plan for economic development, defined as development of land and buildings for activities that generate wealth, jobs and incomes, and notes that the construction and energy sectors are important to the economy.

The site for Work No. 2 is designated in the RCTCBC Local Development Plan 6.26.4(2011) under various economic land use policies. It is also designated under a strategic land allocation for waste management (Policy CS 9) which covers the majority of the Hirwaun Industrial Estate.

RCTCBC Policy AW11 provides criteria based approach for the release of 6.26.5existing “derelict, unsightly, underused and vacant” employment premises. This can be satisfied where proposals are for alternative sui generis use that “exhibits the characteristics of B1, B2, and B8 uses and which could appropriately be accommodated on an employment site”, a similar test appearing also in Policy NSA 16 which covers the entire Northern Strategy Area, within which the Project Site lies. The Northern Strategy Area comprises the northern part of the County Borough area excluding the National Park, including the towns of Treorchy, Treherbert, Ferndale, Hirwaun, Mountain Ash and Aberdare.


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The land identified for the Power Generation Plant (Work No. 2) is currently 6.26.6underused but remains in economic use for distribution and storage purposes, employing around 20 people varying by season. It is a large flat site of 7.5ha and the main building (Building 1) is some 3ha in area and indivisible, and understood by the agent to be larger than any site transacted on in recent years in South Wales. The site has been actively marketed since 2008 at commercial terms, offered whole (the former Hitachi and Advance sites) and in part. There has however been no firm interest in the land, other than a small area of land lying adjacent to the south of numbered work 2 which was sold and developed for energy generation (the Green Frog plant).

Further factors such as its age and low eaves height and distance from the M4 6.26.7are thought to deter warehousing and distribution operators. A local planning application in 2004 to extend the ‘Advance’ factory both eastwards and westwards (the latter covering part of Work no. 2) was withdrawn.

No large manufacturing operators have shown interest in acquiring the site 6.26.8and paragraph 4.57 of the RCTCBC Local Development Plan (RCTCBC, adopted March 2011) recognises that the manufacturing industry has declined and with it the need for ‘large box’ 1980s units, which are described in the same paragraph as ‘redundant’ with subdivision supported where appropriate. It can be seen, therefore, that the size of the former Hitachi plant and its location in relation to centres of population are unsuited to contemporary requirements of industrial occupiers, but are adequate for a gas fired generating station with low operational traffic generation.

The RCTCBC Annual Monitoring Report 2012/13 shows that “the LDP 6.26.9employment land supply is 98 hectares of which 0 hectares were developed during 2012-13” and “no employment land was lost to alternative uses during 2012-13”. This demonstrates that there is a substantial supply of vacant employment land in the County Borough relative to demand. This is unsurprising when there is also substantial supply in neighbouring authorities and substantial supply closer to the M4 corridor.

It is noted that the Enviroparks proposal, located on an allocated 6.26.10employment site, was granted permission and therefore satisfied Policy AW11. The AMR notes “the employment allocation NSA14.2 – North of Fifth Avenue, Hirwaun Industrial Estate has consent for a waste use for the whole of the 4.17 hectare site, which complies with the policies of the LDP.”

It can be seen that the Project has no worse impacts in relation to traffic 6.26.11and transport than other economic development uses. The Transport assessment (, Document Reference 6.1.0, Chapter 13;) explains that the site and surroundings can accommodate the expected construction traffic with appropriate management measures in place. The operational traffic generation of the site is small relative to the capacity of the site and previous uses thereof, and the site is located close to frequent public transport services and walking/cycling routes.


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It can be seen that the Project is a form of economic development in terms 6.26.12of its likely impact on the local economy, as described in the Socio-Economic impact assessment (Environmental Statement, Document Reference 6.1.0) which explains the direct and indirect employment benefits of the proposed Project and consideration of displacement of the existing, and similar number of, jobs on the site.

It is considered that the Project Site can appropriately accommodate the 6.26.13Power Generation Plant since the site of numbered work 2 is underused and unsightly, partly vacant and derelict (Building 6 being an example), and it is demonstrated in the Design and Access Statement (Document Reference 10.2.0) and the findings of the Environmental Statement (Document Reference 6.1.0) that the Project Site is of sufficient size, level and is previously developed land. The Design and Access Statement (Document Reference 10.2.0) provides proposals for improving the appearance and setting of the central part of the Hirwaun Industrial Estate through landscaping and appropriate plant and building siting and design to further integrate the Power Generation Plant into its surroundings. It is proposed that these be secured through the requirements attached to the DCO (see Schedule 2 to the draft DCO, Document Reference 3.1).

The Consultation Report (Document Reference 5.1.0) describes the views 6.26.14of the community, including local businesses, during the various consultation exercises undertaken in respect of the Project. The Socio-Economic impact assessment (Environmental Statement, Document Reference 6.1.0) also includes the results of a tourism business survey of the wider area, in which two-thirds responded that they expect either no impact or a positive impact from the implementation of the Project.

As well as demonstrating that the Project Site appropriately 6.26.15accommodates the proposed use, it is appropriate to demonstrate that the area of employment land taken is no larger than is reasonably required, which is considered in summary as follows:

The area required for the Power Generation Plant has been reduced in size, compared to that which was presented at consultation under Sections 42, 47 and 48 to both minimise potential impacts upon/within the Hirwaun Industrial Estate Site of Importance for Nature Conservation and minimise use of undeveloped land in favour of previously developed land;

Suitable separation is required between the Banking Compound and the Gas Receiving Installation safety reasons; the Gas Turbine Generators would be located in the north to minimise possible visual impacts whilst the Gate House and other smaller structures would be near to the main entrance. Two other accesses are required along with internal roadways and parking. Accordingly the site area is the minimum reasonably and safely necessary to operate and access the proposed structures and buildings;


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The construction laydown area would be required during the operation of the Project for maintenance. The area required depends on the precise number and specification of the Gas Turbine Generators and other factors. This area is therefore shown for permanent use and is the minimum reasonably necessary for this use, and has sought to avoid affecting access to or the visual amenity of the Hirwaun Industrial Estate through the proposal to plant a new line of trees along Main Avenue and through its ‘corner’ location.

The Power Generation Plant site incorporates areas of habitat (including specific structures) for bats (a protected species) and birds and both retained and new tree planting for biodiversity and landscaping. The central part of the site is proposed to allow structures to avoid building over from the culverted River Camnant and a small area would be required for drainage provision. These are considered relevant technical and environmental considerations.

The CHP Viability Study contained in the Environmental Statement 6.26.16Appendices (Document Reference 6.2.0, Appendix 5.1) explains the considerations that have been given to Combined Heat and Power at relevant stages of the evolution of the Project and concludes that there is no regional market for heat in this location, no potential future heat requirements in the area that would match the unpredictable operational pattern of a peaking power station can be identified, and the intermittent operation is inherently unsuitable for the likely continuous or regular demands of heat users.

In conclusion, it is considered that the Project has been sited, laid out and 6.26.17designed with appropriate regard to NPS policies and relevant economic development considerations, and no important and relevant considerations arise to the contrary, thus the proposal is considered acceptable in respect of potential land use impacts.

Socio-economic (EN-1, 5.12) 6.27

Paragraph 5.12.1 of NPS EN-1 acknowledges that the construction, operation 6.27.1and decommissioning of energy infrastructure may have socio-economic impacts at local and regional levels. Accordingly, an assessment of the likely socio-economic impacts associated with the proposed development has been undertaken in the EIA and the findings are presented in Chapter 15 of the Environmental Statement (Document Reference 6.1.0), which is submitted as part of the DCO Application.

Paragraph 5.12.3 of NPS EN-1 states that the assessment should consider all 6.27.2relevant socio-economic impacts. It is considered that the construction, operation and decommissioning phases of the Project could potentially impact the study area’s labour market; community facilities and tourism sector. The Environmental Statement (Document Reference 6.1.0) considers these


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impacts and makes an assessment of their significance, as summarised below.

Labour Market

It is estimated that during construction of the Project (December 2016 to 6.27.3September 2018), the number of workers onsite per month will range from 5 to 85 during the peak construction period. The construction of the Project will also support 82 temporary construction job years, equivalent to 8 permanent construction jobs. On this basis, there is considered to be a minor beneficial socio-economic impact on the labour market during construction. The socio-economic impacts of the Project during construction and operation thus correspond with the recognition in PPW Chapter 7, that the construction and energy sectors are important to the Welsh economy.

The labour requirement for decommissioning is unknown at present; however, 6.27.4it is not expected to exceed that of the construction phase.

Paragraph 5.12.9 of NPS EN-1 states that it should be considered whether 6.27.5mitigation measures are necessary to mitigate any adverse socio-economic impact of a development. As set out above, no significant impacts are identified and therefore there is no mitigation required.

However, there are a number of potential employment and educational 6.27.6benefits associated with the Project. The Project would provide a minor beneficial construction and operational employment impact and would also present an opportunity to reskill a small section of the currently available workforce. This would support guidance set out in NPS EN-2, which emphasises the positive effects of a low carbon economy on skills, health and well-being.

Tourism

It has been assessed in Chapter 11 of the Environmental Statement 6.27.7(Document Reference 6.1.0) that the stacks of the Power Generation Plant are likely to be visible for up to 10km from the site; however, the visual impact is likely to be reduced when taking into account physical or natural aspects such as buildings or trees. In addition, whilst the Project Site is in close proximity to the Brecon Beacons National Park boundary, it is considered that the overall landscape character of the Brecon Beacons National Park will not be directly affected by the Project due to distance from the site and screening from vegetation and the low level of change from the existing. The noise impacts of the Power Generation Plant are expected to be restricted to the immediate area of the Project, and therefore will not have an adverse impact on tourism or the special qualities of the National Park.

There may be some occasional temporary and short-term delays on the local 6.27.8(RCTCBC area) road network during construction, however this will only have a minor impact. On the basis of the above, the impact of the Power Generation Plant on tourism is considered be minor.


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During the construction phase of the Gas Connection and Electrical 6.27.9Connection Visual, there may be some visual or noise impacts on tourism, however these impacts would only be temporary and are therefore not considered to be significant. In addition, users of the A4061 and National Cycle Route 46 may experience some delays during the construction period of both connections, however the impact is only considered to be minor, particularly as the Electrical Connection has been specifically designed to avoid sensitive tourism and recreation corridors.

Paragraph 5.12.9 of NPS EN-1 states that it should be considered whether 6.27.10mitigation measures are necessary to mitigate any adverse socio-economic impact of a development. The tourism and recreation assessment shows that no tourism or recreation receptors will be significantly adversely affected during either the temporary construction or operation phase, and accordingly, it is considered that no mitigation is required.

Community infrastructure

In respect of community infrastructure it is considered unlikely that the 6.27.11operation or effectiveness of community facilities would be affected by the appearance of the Power Generation Plant, due to its location, landscaping provision and design. The noise impacts of the Power Generation Plant would not affect existing community infrastructure. There may be some occasional temporary and short-term delays on the local road network during construction as assessed in the Traffic and Transport chapter of the Environmental Statement but these would not be a significant in extent. During the construction phase of the Gas Connection and Electrical Connection , there may be some visual and noise impacts on community infrastructure, however these impacts would only be temporary and are therefore not considered to be significant. In addition, users of the A4061 and National Cycle Route 46 may experience some delays during the construction period of both connections, however the impact is only considered to be minor.

Paragraph 5.12.9 of NPS EN-1 states that it should be considered whether 6.27.12mitigation measures are necessary to mitigate any adverse socio-economic impact of the development. Overall, and due to the siting and design of the Project and the temporary nature of construction works, the various community infrastructure facilities in the local area are located at sufficient distance to experience no significant impacts on their patronage or operation at any stage of the Project’s development therefore it is not considered necessary to provide mitigation in respect of such infrastructure.

PPW notes the importance of sustainable development and the vision for 6.27.13Wales to become economically, socially and environmentally sustainable. Paragraph 12.8.6 of PPW states, “The Welsh Government’s aim is to secure an appropriate mix of energy provision for Wales, whilst avoiding, and where possible minimising environmental, social and economic impacts". It is considered that the Project has been sited, designed and with suitable mitigation proposed in line with this vision. During operation, the Project would provide an estimated 15 full time jobs, as well as £0.45m Gross Value Added


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(GVA) and £0.36m GVA per annum to the regional economy and national economy respectively, amounting to some £20m over its expected lifetime. The socio-economic impact associated with the operation of the Project is therefore considered to be beneficial.

As set out above, the Project is not considered to generate significant 6.27.14adverse socio-economic impacts in respect of the labour market, tourism or community infrastructure facilities, in accordance with NPS EN-1 and PPW. Indeed, there are a number of potential employment and educational benefits associated with the Project. On this basis, the Project meets the aims and requirements of relevant planning policy, and no important and relevant considerations arise to the contrary, thus the proposal is considered acceptable in respect of socio-economic effects.

Traffic and transport (EN-1, 5.13) 6.28

Traffic and transport may have a range of differing effects which are dealt with 6.28.1in the Environmental Statement (Document Reference 6.1.0).

Considerations as to traffic volumes and flow change during construction are 6.28.2dealt with at para 13.8.17 which reveals that “…the magnitude of traffic flow change as a result of the Project is considered to be very low, with moderate / minor effects for two junctions and negligible effects for another two junctions.” It should be noted that these are temporary effects during the construction period. Paragraph 13.8.24 addresses delay as follows: “… the magnitude of delay change as a result of the Project is considered to be very low or low, with negligible effects for three junctions and a moderate effect for one junction.”

Paragraph 13.8.27 addresses safety issues and draws a conclusion that “As 6.28.3demonstrated in 13.8.17, the project will not bring about a significant increase in vehicle movement, therefore, it is considered that the effect of the Project will have a Very Low increase on collisions with Negligible impact.”

Therefore the temporary traffic increases attributable to construction will not 6.28.4have any significant effects in terms of traffic safety and only moderate effect at one junction in terms of delay. Permanent improvements in respect of short term construction phase effects have been found to be unwarranted, however a proposed Requirement included within the draft DCO (Document Reference 3.1) would require a construction traffic management plan to be approved prior to the commencement of works. This would include an Abnormal Load Routing Plan in order ensure the minimum level of traffic disruption and the obtaining of associated approvals

Paragraph 5.13.3 of EN 1 states that “If a project is likely to have significant 6.28.5transport implications, the applicant’s ES (see Section 4.2) should include a transport assessment, using the NATA/WebTAG methodology stipulated in Department for Transport guidance, or any successor to such methodology. Applicants should consult the Highways Agency and Highways Authorities as appropriate on the assessment and mitigation.” Discussions have been held


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as to assessment methodology with the Welsh Government regarding trunk roads (the A465) and with RCTCBC Highways department regarding local roads. It is explained at paragraph 13.2.2 of the Environmental Statement that the methodology used is in accordance with the Institution of Highways and Transportation Guidelines on Transport Assessments "… this guidance was recommended for use by Rhondda Cynon Taf County Borough Council (RCTCBC).” Therefore the appropriate local authority was consulted with and their guidance taken on board. The Consultation Tables (Document Reference 6.2.0, Appendix 3.1) document in detail the consultation activities undertaken in respect of Traffic and Transport analysis with these and other consultees and how these were taken into consideration. It has been found in the assessment in the Environmental Statement (Document Reference 6.1.0, Chapter 13) that only slight effects would arise and only at certain points in the construction period, associated with abnormal load routing or more intensive parts of the demolition/construction process, or construction of the Electrical and Gas Connections, but not of sufficient duration or severity to justify permanent mitigation. Instead they would be manageable through temporary measures.

Paragraph 5.13.4 of NPS EN 1 states that “where appropriate, the applicant 6.28.6should prepare a travel plan including demand management measures to mitigate transport impacts.” The residual traffic impacts once the site is operational are expected to be negligible (paragraph 13.6.33 of the Environmental Statement) with only 13 daily trips associated with the site’s operation, a reduction on current trip generation of the site. It is considered due to the likely continued low level of traffic generation similar to the existing use and that the use would remain the same for the 25-year anticipated lifespan of the Project that it is not appropriate or necessary in planning terms to prepare a travel plan.

Furthermore, as paragraph 13.8.32 of the Environmental Statement explains, 6.28.7“there are good facilities for pedestrians and cyclists to access the Project. Additionally, as discussed in 13.8.17, there are anticipated to be negligible traffic effects on the junctions through which the main pedestrian and cycling routes cross. As such, there is likely to be negligible effects on pedestrian amenity as a result of the Project.” An existing footpath between the Power Generation Plant and the bus stop on Rhigos Road would remain open, although slightly diverted to remain outside of the construction laydown and maintenance area, so that this stop will be around 200m, thus easy walking distance, from the Power Generation Plant. The Design Principles Statement (Document Reference 10.2.0, Appendix 2) includes proposals to facilitate cycling by workers and visitors including parking and shower facilities. It is considered that these shall ensure the proposals are in line with the RCTCBC Access, Circulation & Parking Requirements SPG.

In summary, there are no significant Traffic and Transport effects expected 6.28.8whether during construction or operation, as the Project has been designed with appropriate regard to NPS policies and relevant economic development considerations, and no important and relevant considerations arise to the


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contrary, thus the proposal is considered acceptable in respect of traffic and transport considerations.

Waste management (EN-1, 5.14] 6.29

Section 5.14 of NPS EN-1 acknowledges that all large infrastructure projects 6.29.1are likely to generate hazardous and non-hazardous waste. Accordingly, Chapter 12 of the Environmental Statement (Document Reference 6.1.0), which is submitted as part of the DCO Application, addresses the waste management strategy and potential public health considerations related to the proposed Project.

Paragraph 5.14.6 of NPS EN-1 states that the applicant should seek to 6.29.2minimise the volume of waste produced and the volume of waste sent for disposal. As explained in Chapter 12 of the Environmental Statement (Document Reference 6.1.0), this approach has been taken to the management of waste at the Project Site.

During the demolition/construction phase, it is anticipated that any excavated 6.29.3spoil will be retained on site and tested against waste acceptance criteria to determine whether it is suitable for re use either on or off site. Any water that has to be removed, for example from dewatering foundation works or trenches, will also be tested and removed only if necessary. Where hazardous waste is transported from the Project Site, it will be handled in accordance with relevant regulations, and, where necessary, be transported in sealed tankers.

During the operational phase the gas turbine generator technology will 6.29.4produce minimal waste which will be restricted to the following: office wastes; used gas turbine air intake filters (typically replaced annually); used ion exchange resins or used RO membranes (typically replaced every 5 to 10 years); separated oil / sludge from oil / water separators; and used oil, chemicals or chemical containers.

Paragraph 5.14.3 of NPS EN-1 states that disposal of waste should only be 6.29.5considered where other waste management options are not available or where it is the best overall environmental outcome. Should any asbestos be present in the existing buildings which are to be demolished at the Power Generation Plant Site, this will be removed and disposed of by a suitably licensed asbestos contractor. In this instance, this approach is considered to be the best overall outcome in accordance with Paragraph 5.14.3 of NPS EN-1.

Wherever practicably possible waste will be avoided; however, where 6.29.6necessary, waste will be managed in accordance with the waste hierarchy set out in Paragraph 5.14.2 of NPS EN-1: a) prevention; b) preparing for reuse; c) recycling; d) other recovery, including energy recovery; and e) disposal. This approach will involve the classification of the appropriate waste stream and appointment of suitably qualified and insured waste management contractors.


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Waste will be managed during the construction/demolition phases of the 6.29.7Project, through the implementation of a CEMP, which will include information on the proposed waste recovery and disposal system for all waste generated by the development, in accordance with Paragraph 5.14.6 of NPS EN-1. As explained in Chapter 12 of the Environmental Statement (Document Reference 6.1.0), it is anticipated that, following successful implementation of a CEMP, all waste generated by the Project will be dealt with in a manner that complies with the relevant regulations and, upon leaving the Project Site, will be treated and disposed of by suitably licensed contractors.

As set out above, and in accordance with section 5.14 of NPS EN-1, the 6.29.8approach to waste management and the implementation of the waste hierarchy will result in waste being avoided wherever possible, or disposed of if no other alternatives are available. Notwithstanding this approach, there is considered to be good waste management capacity in the RCTCBC area and the wider sub-region to accommodate the scale and type of waste arising from the Project without adverse effects on waste management capacity. As explained in Chapter 12 of the Environmental Statement (Document Reference 6.1.0), taking into account potential mitigation measures, there are not predicted to be likely significant effects on waste management and public health as a result of the proposed Project. Accordingly, the proposals meet the aims and requirements of relevant planning policy, and no important or relevant considerations arise to the contrary, thus the proposal is considered acceptable in respect of waste management.


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7 Likely Benefits and Disbenefits of the Project

A consideration of the balance of benefits and disbenefits of the Project is 7.1.1provided below in recognition of the decision making framework set out in Section 104 of the PA 2008.

Likely Disbenefits 7.2

NPS EN-1 and EN-2 identify that fossil fuel generating stations are expected 7.2.1to have adverse impacts in relation to: air quality and emissions, biodiversity and geological conservation, flood risk, the historic environment, landscape and visual amenity, land use/land take, noise and vibration, socio-economics, traffic and transport, waste, and water quality and resources.

Some of these could occur in respect of this Project, but as demonstrated 7.2.2elsewhere in this document and in the Environmental Statement (Document Reference 6.1.0) and summarised below, the likely impacts have been minimised wherever possible, and other effects avoided through appropriate specification, siting and design.

The construction (and decommissioning) of the Power Generation Plant are 7.2.3likely to generate dust, which could potentially impact upon human health, habitats or the wider countryside. There are also likely to be minor, temporary noise impacts during construction of the Gas Connection and Power Generation Plant, and the demolition of existing buildings, excavations of/for foundations and installation of plant. However, mitigation is feasible, namely the implementation of a Construction Environmental Management Plan (CEMP), an outline for which is included with the DCO Application (Document Reference 6.2.0, Appendix 4.1).

Stack emissions can potentially impact upon ecologically sensitive sites and 7.2.4sensitive ancient woodland habitats through deposition of nitrogen and acidification to habitats. Increased light spill can affect bats and increased noise and vibration may affect bats, birds and a SINC. The significance of these effects would be minimised by obtaining a licence from NRW, and through implementation of the Design Principles Statement (Document Reference 10.2.0, Appendix 2), outline Construction Environmental Management Plan (Document Reference 6.2.0, Appendix 4.1), the draft Lighting Strategy (Document Reference 6.2.0, Appendix 11.2) and Ecological Management Plan requirement (Schedule 2 of the draft DCO, Document Reference 3.1).

It is acknowledged that the Power Generation Plant, like any power station, 7.2.5would have a large land footprint. At 7.5ha this is considered the minimum reasonably necessary, with consideration given to safety distances and engineering requirements, and has been minimised in recognition of relevant environmental considerations. The design shown at Section 42, 48 and 47 Consultation stage extended to 7.5ha, the additional hectare being comprised of a strip of grassland along the northern edge, which is now excluded from


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the site to minimise land take and avoid developing on undeveloped land adjacent to the Site of Important Nature Conservation (SINC), an area of marshy, waterlogged grassland.

The introduction of permanent structures that in some cases are taller, 7.2.6although much narrower, than existing structures on the site would give rise to both greater, and lesser, visual impacts from various viewpoints. The proposed siting and spacing of structures and planting have minimised adverse impacts wherever possible and avoid significant effects on distant views including from higher ground within the National Park to the north.

The construction of the Power Generation Plant is likely to require site 7.2.7remediation to remove existing potentially contaminative materials during demolition. To minimise these impacts, construction works would be undertaken within best practice guidelines and adhering to the CEMP. The construction of the Electrical Connection and Gas Connection would be preceded by a geotechnical site investigation prior to construction.

The Power Generation Plant Site is previously developed and archaeological 7.2.8remains are unlikely to remain. The Gas Connection Corridor would be subject to field evaluation prior to or during construction in case of finds. Water use is minimised through the technology selected and existing watercourses are unlikely to be affected. Siting the Gas Turbine Generators in the north part of the site and enclosing with acoustic surrounds will ensure that significant noise and vibration effects on sensitive receptors do not arise during the operation of the Project.

In summary, whilst some disbenefits are likely, they are of a nature that are 7.2.9inherently likely for fossil fuel generating stations, and as such anticipated in policy (particularly NPS EN-2) and have been anticipated by the Applicant and fully assessed throughout the pre-application process and extensive consultation processes. Their scale has, therefore, been minimised and mitigated through appropriate siting, specification, design and suitable Requirements proposed in the draft Development Consent Order (Document Reference 3.1, Schedule 2) to be identified as commitments.

Likely benefits 7.3

The urgent need for energy generation, including gas fired generating stations 7.3.1and unabated gas and peaking plants, is provided in NPS EN-1, the Gas Generation Strategy (DECC, 2012), Energy Wales – a Low Carbon Transition (Welsh Government, 2012) and the National Infrastructure Plan (HM Treasury, 2013). The Project would contribute materially to the immediate and medium term needs for flexible, reliable, peak load power generation and facilitate the transition to a low carbon economy. The chosen technology for a peaking plant would help to ‘balance out’ the grid at times of peak electricity demand and help to support the grid at times when intermittent renewable sources cannot generate electricity. The Project is expected to be operational by 2019, sooner than some fossil fuel and nuclear power stations already consented.


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Besides this considerable public benefit, there would be benefits to the site 7.3.2and its locality. PPW Chapter 7 notes that the construction and energy sectors represent economic development. The construction and operation of the Project would benefit the Welsh economy. It is estimated, using recognised methodologies, in the Socio-economic assessment (Document Reference 6.1.0, Chapter 15) that during construction of the Project (December 2016 to September 2018), the number of workers onsite per month will range from 5 to 85 during the peak construction period. The construction of the Project will also support 82 temporary construction job years, equivalent to 8 permanent construction jobs. The operational phase of the Project would provide an estimated 15 full time jobs, as well as £0.45m GVA and £0.36m GVA per annum to the regional economy and national economy respectively, this represents a substantial benefit.

The Power Generation Plant site has been laid out to minimise impacts on 7.3.3biodiversity and provide new habitats where feasible. Development outside the existing developed area is to be avoided. Existing edge habitats (grassland and trees) would be retained where possible and improved, and new areas and specific structures (for bats, a protected species) and birds provided and retained.

The site at present is underused, partially derelict, and contains indivisible and 7.3.4visually intrusive warehouse buildings of an age, specification and distance from the motorway network that have deterred firm interest from potential industrial occupiers in six years of continuous marketing. The Project would bring the site into beneficial use for a substantial period.

The Project demonstrates good design, being designed to remain functional, 7.3.5attractive and durable for its lifespan and to be safe, accessible and of sustainable construction, with site won materials reused where feasible and new planting and habitats proposed. The design process and outcomes have recently been commended by a Design Review Panel of the Design Commission for Wales in January 2014. Their report (Document Reference 10.2.0, Appendix 1) noted that “the siting and arrangement of the different elements of the power station have been well planned, and demonstrate that the site has been carefully analysed” and “improves the current condition” and the attention given to landscaping and architecture are “encouraging”. They provided recommendations that have influenced the Design Principles Statement (Document Reference 10.2.0, Appendix 2) or which will be considered further in the detailed design process. The Design Commission for Wales concluded at the head of their report (Document Reference 10.2.0, Appendix 1) that “this scheme demonstrates best practice in minimising the impact of infrastructure on the environment”.


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8 Conclusions

The urgent need for electricity generation, including gas fired generating 8.1.1stations and unabated flexible gas and peaking plants, is provided in NPS EN-1, the Gas Generation Strategy (DECC, 2012), Energy Wales – a Low Carbon Transition (Welsh Government, 2012) and the National Infrastructure Plan (HM Treasury, 2013). The Project would contribute materially to meeting this need.

Besides this considerable public benefit, there would be other benefits of the 8.1.2Project. The comprehensive redevelopment of the central part of the Hirwaun Industrial Estate for an economic use, as defined in Planning Policy Wales (Edition 6, February 2014, Welsh Government), is of relevance. The Power Generation Plant Site comprises an underused, partially derelict and visually intrusive warehouse complex that has failed to attract proposals for comprehensive redevelopment for economic uses during six years of marketing. The proposed siting, design and landscaping of the Power Generation Plant would represent an improvement to the present townscape within the Hirwaun Industrial Estate, and would be screened, laid out and designed, where feasible, to minimise visual intrusion, from higher ground within the National Park and other relevant viewpoints.

Due regard has been paid to all relevant and important considerations. These 8.1.3include the findings of community and statutory consultation processes which, as documented in the Consultation Report (Document Reference 5.1.0), have influenced considerations as to the design and siting of the Project. Welsh and local economic development and environmental policy designations have been considered in the design, siting and mitigation proposals within the Project.

The Project is in line with the relevant National Policy Statements, being NPS 8.1.4EN-1, NPS EN-2 and EN-4. Considerations as to siting, Habitats and Species Regulations, alternatives, Good Design, consideration of Combined Heat and Power, grid connection, safety, health, nuisance and security have been given due regard as demonstrated in the Environmental Statement (Document Reference 6.1.0) and its appendices (Document Reference 6.2.0), the Design and Access Statement and its appended Design Principles Statement (Document Reference 10.2.0), this Planning Statement (Document Reference 10.1.0), the Grid Connection Statement (Document Reference 9.1) and the Health Impact Assessment (Document Reference 10.3.0). The Environmental Statement has also assessed all relevant likely significant environmental effects and has proposed appropriate mitigation wherever feasible. This is to be secured through compliance with various submitted documents and further approvals such as under the proposed requirements attached to the draft DCO (see Schedule 2 to the draft DCO, Document Reference 3.1)

It is considered that there are no relevant adverse impacts or disbenefits 8.1.5sufficient to outweigh the likely benefits of the Project including the


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improvements to the appearance and condition of the Power Generation Plant site, the local and regional economic benefits, and the considerable public benefit to meeting the national need for flexible gas generation.

The Applicant has maintained dialogue throughout the pre-application period 8.1.6with local authorities, political representatives, Natural Resources Wales and other consultees and regulators, and will continue to do so at all relevant stages prior to the operation of the Project, if the Order is made.

It is considered that there are no international obligations that would be 8.1.7breached if the DCO were made in the terms proposed. There are considered to be no likely significant effects in respect of sites designated under the Habitats Directive as set out in the No Significant Effects Report (Document Reference 5.5.0) nor species protected thereunder as set out in the Environmental Statement (Document Reference 6.1.0, Chapter 8 and Document 6.2.0, Appendix 8.9).

In conclusion and in line with the factors set out in Section 104 of the Planning 8.1.8Act 2008 there is a compelling case in the public interest for the Order to be made in the terms proposed and in the absence of sufficient indications to the contrary.