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Swansea LDP Examination

Statement of

Swansea Council

Energy

Hearing Session 14: 15 March 2018

Published: 26 February 2018

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Contents

Contents ..................................................................................................................... 2

1.0 Introduction ....................................................................................................... 3

2.0 Procedural Matters ........................................................................................... 3

3.0 Renewable and Low Carbon Energy ................................................................ 3

4.0 Water Quality .................................................................................................... 7

5.0 Flood Risk (Policy RP 4) ................................................................................... 8

6.0 Human and Environmental Health .................................................................... 8

7.0 Waste ............................................................................................................... 8

8 0 Proposed Matters Arising Changes (MACs) ..................................................... 8

Appendix 1: Proposed Revised Policy EU1 .............................................................. 10

Appendix 2: Renewable Energy Assessment – Update 2018 .................................. 16

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Swansea Local Development Plan 2010 – 2025

Examination Hearing Session 14:

Section 3: Energy

1.0 Introduction 1.1 This Statement has been produced by Swansea Council (hereafter ‘the

Council’) in order to respond fully to the detailed ‘Matters and Issues’ agendas produced by the Inspectors for the Swansea Local Development Plan (LDP) Examination.

1.2 The Statement relates to Hearing Session 14: Energy, Water Quality, Flood

Risk, Human & Environmental Health, Minerals & Waste. This statement deals exclusively with responses to Section 3: Energy. The Council responses to the Inspectors matters and Issues relating to the remaining issues on the agenda for Hearing Session 14 are set out in separate statements.

1.3 The statement is set out in accordance with the headings and sub-questions

provided by the Inspectors. 1.4 The Council’s schedule of ‘Non-substantive amendments’ (LDP20)[1] to the

Deposit Plan included changes that relate to matters addressed in this response. The Council believes that these amendments should be considered at the appropriate hearing session, and therefore these amendments are identified at the end of this statement in the section titled ‘Proposed Matters Arising Changes (MACs)’ together with any relevant potential MACs arising from the Hearing Statement.

2.0 Procedural Matters 2.1 Any relevant procedural matters to be addressed will be identified by the

Inspectors, or relevant parties in attendance, at the appropriate hearing session.

3.0 Renewable and Low Carbon Energy

Policy EU 1 – Renewable/Low Carbon Energy Developments a. Notwithstanding the changes proposed by NSA1071, does the policy plan

positively for renewable energy and seek to maximise its potential, as sought by national policy and guidance?2

1 LDP20 Schedule of Non-Substantive Amendments to Swansea Deposit LDP 2017. 2 Planning Policy Wales paragraphs 12.8.2, 12.8.9 and 12.9.1; Technical Advice Note (TAN) 8 – Planning for Renewable Energy paragraph 5.3

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b. Is the policy sufficiently clear and effective? Should it differentiate

between various scales of renewable energy schemes, as per the categories established in Table 12.2 of Planning Policy Wales (PPW) and the general principles set out at paras 2.11 to 2.14 of Technical Advice Note (TAN) 8 ‘Planning for Renewable Energy’?

c. Does the LDP sufficiently reflect the evidence3? In particular, should

areas with potential for wind or solar energy be identified on the Proposals Map and referred to within policy EU 1?

3.1 The Policy, with the changes proposed at the end of this statement, complies

with National Planning Policy and Guidance, and is sufficiently clear and effective.

3.2 Policy EU1 is based upon the evidence contained in the 2015 Renewable

Energy Assessment (REA), as prescribed by Planning Policy Wales (PPW) 12.9.2. At the Deposit stage the Council took the approach that the location of wind and solar energy developments should not be constrained by the REA (2015) as the REA methodology would preclude development of wind and solar technologies in areas, which in planning terms, may be appropriate. The Council therefore sought to maximise the areas where wind and solar developments were supported.

3.3 The Council have carried out an update to the REA (2015) which is submitted

to the Examination (Renewable Energy Assessment 2018). This has had regard to representations from Welsh Government that the Policy would benefit from being informed by an REA which had been updated having regard to the latest Guidance and data. The 2018 REA update has therefore been undertaken in accordance with the Practice Guidance: Planning for renewable and low carbon energy – a toolkit for planners (September 2015)4 methodology. All constraints and buffers prescribed in the toolkit have been applied accordingly. The updated assessment also reflects:

The most up to date data, projections and statistics available including the most current Department for Business, Energy and Industrial Sector Energy Statistics,

The newly released Predictive Agricultural Land Classification (ALC) Map,

Inclusion of Landscape considerations and National Grid Power Lines,

Updated Local Authority Planning Application and Renewable Energy Planning Database searches.

3.4 In light of the updated REA and following engagement with Welsh Government,

Policy EU 1 has been revised to generally improve its clarity to:

Include a summary of heat and electricity resources in the supporting text,

3 EB019 – Renewable Energy Assessment 2015 4 Welsh Government Practice guidance: Planning for renewable and low carbon energy – a toolkit for planners http://gov.wales/topics/planning/policy/guidanceandleaflets/toolkit-for-planners/?lang=en

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Differentiate between the scales of renewable energy schemes as per Table 12.2 of PPW,

Overtly reflect the principles set out in paragraphs 2.11 to 2.14 of TAN8 with regards to the scale of Wind energy developments,

Ensure the Policy is clearly related to each level of the search sequence,

Review EU 1 criteria to remove repetition of issues addressed by other Plan policies.

3.5 The revisions to the Policy also include, in respect of Wind and Solar Local

Search Areas (LSA’s):

Inclusion of LSA’s for wind and solar in the Policy

Inclusion of a table highlighting the size and potential capacity of each identified LSA in the supporting text.

The spatial expression of the LSA’s on the Constraints Map.

3.6 The outputs from the updated REA, clearly reflect the complex boundaries that

form the LSA outputs. In light of this and due to the intricate interplay and nature of the constraints applied through the methodology, which have the potential to require updating over the lifetime of the plan, the nature of the LSA boundaries outputted by the REA do not lend themselves to an being appropriate feature on the Proposals Map. Therefore, it is considered a more pragmatic, effective and responsive approach to map these outputs on the Constraints and Issues Map. This will provide opportunity to amend these boundaries during the life time of the plan, in line with any future updates to the REA as required.

Policy EU 2 – Renewables/low carbon energy in new development

d. Is it reasonable to require schemes of 100 homes / 1,000sqm or more to

be accompanied by a renewable or low-carbon feasibility assessment? Has this requirement been justified? Has this requirement been tested in the viability evidence?

3.7 Yes, this requirement has been endorsed at Examination in numerous

authorities including neighbouring ones. This threshold is featured in Neath Port Talbot’s adopted LDP, in addition to other Authorities such as Anglesey and Gwynedd’s joint LDP. In the interests of cross-boundary working the Council concluded that this was also appropriate for Swansea. The threshold of 100 homes / 1,000sqm was considered appropriate as the scale of development would be sufficient to enable potential community based renewable or low carbon schemes to be implemented on site. This threshold has been successfully implemented elsewhere, through Merton Rule style policies, which also expect a set percentage of energy generated by onsite renewables on developments of 1,000sqm, not merely an assessment of potential.

3.8 Paragraph 2.13.13 of the supporting text requires that an energy assessment is

submitted, however it does not require that the opportunities explored in the assessment must be delivered regardless of the impact on viability of a

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development. Given the nature of the assessment to be undertaken, the parameters of which are up to developers to decide and does not require onerous expenditure, an energy assessment is considered a fully reasonable cost for developers to incur as part of technical appraisals to underpin large scale development proposals.

e. Should a fuller explanation of the required Energy Assessment be

provided at para 2.13.13? 3.9 Further prescriptive and clarifying detail regarding the substantive content of

Energy Assessments is more appropriately included in a separate SPG that will be prepared post LDP adoption. The contents of this Energy Assessment will be based on appropriate National Guidance and Policies, and informed by successful approaches adopted by other Local Authorities.

Policy EU 3 – District Heating and Cooling

f. Has the financial impact and feasibility of providing or connecting to DHC

infrastructure been tested, including in the viability evidence? 3.10 Strategic Development Areas (SDAs) have been subject to an Independent

Financial Viability Assessment (IVFA), with the exception of Strategic Sites G, I, J, K and L. This IFVA included taking into account site specific constraints and developer requirements in consultation with the various site promoters as well as the various LDP policies. The IFVA concluded that the SDAs are viable and deliverable within the plan period. Whilst no specific cost was attributed for DHC infrastructure, the IFVAs allowed for a general cost/contingency to cover potential other requirements. Further detailed viability work will be commissioned by site promoters, where appropriate, to assess the cost implications of implementing a District Heating and Cooling system. It is should also be noted that Policy EU 3 requires feasibility studies to inform whether such systems can be technically and viably installed.

3.12 Further viability work has already been undertaken for site SD J Swansea

Central Area. In this case, the Council are progressing the use of District Heating within the Swansea Central Area and all developments will be future proofed so that systems can be incorporated within schemes when they are forthcoming.

g. If their indicative locations are already known, should the proposed

District Heating and Cooling (DHC) networks be identified on the Proposals Map?

3.13 Initial scoping work was undertaken by the Council’s Sustainable Development

Unit and Regeneration Team. However as this work does not yet identify the precise locations of DHC networks, Policy EU3 has been drafted to have sufficient flexibility to accommodate future locational certainty. The policy also has sufficient flexibility to ensure any opportunities are explored at the planning application stage having regard to the most up to date evidence at the time of

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application. A presentation of the DHC scoping work findings is due to be given to the Council’s Cabinet in April/May 2018.

4.0 Water Quality

4.1 The Council responses to the Inspectors’ matters and Issues relating to Water

Quality, which will also be discussed at Hearing Session 14, are set out in a separate statement.

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5.0 Flood Risk (Policy RP 4)

5.1 The Council responses to the Inspectors’ matters and Issues relating to Flood

Risk, which will also be discussed at Hearing Session 14, are set out in a separate statement.

6.0 Human and Environmental Health 6.1 The Council responses to the Inspectors’ matters and Issues relating to Flood

Risk, which will also be discussed at Hearing Session 14, are set out in a separate statement.

7.0 Waste 7.1 The Council responses to the Inspectors’ matters and Issues relating to Waste,

which will also be discussed at Hearing Session 14, are set out in a separate statement.

8 0 Proposed Matters Arising Changes (MACs) 8.1 The Council’s schedule of ‘Non-substantive amendments’[1] to the Deposit Plan

included changes that relate to matters addressed in this statement (NB NSA 107 is superseded by MACs in this statement). In addition, this statement has also alluded to new amendments to the Plan considered appropriate and in the interests of ensuring the Plan is sufficiently clear and up to date based on all available evidence.

8.2 The Council considers that these amendments should be considered at the

appropriate hearing session, and therefore these amendments are included within the table of ‘Proposed Matters Arising Changes (MACs)’ below.

[1] LDP20 Schedule of Non-Substantive Amendments to Swansea Deposit LDP 2017..

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Schedule of Proposed MACS to Deposit LDP

Hearing Statement Question

Deposit LDP Section

Deposit Rep Ref

Proposed MAC Reason/Justification Origin of MAC

3 a,b,c Policy EU 1 and supporting text

45768, 45769

Revise Policy EU1 and supporting text. See Appendix 1 for Revised policy.

In order to address the matters raised by Welsh Government in their representation to the Deposit LDP and the subsequent questions posed by the Inspectors.

This Statement.

3 a,b,c Proposals Map

45768, 45769

Spatial expression of LSAs on the Constraints Map.

In order to address the matters raised by Welsh Government in their representation to the Deposit LDP and the subsequent questions posed by the Inspectors.

This Statement.

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Appendix 1: Proposed Revised Policy EU1 EU 1: RENEWABLE AND LOW CARBON ENERGY DEVELOPMENTS POLICY EU1 Proposals for renewable or low carbon energy development will be permitted subject to the following criteria: i. 1. Strategic Search Area (SSA)

i. Large scale wind farm developments (>25MW to 50MW) and their associated infrastructure will be expected to be located within the boundaries of the Strategic Search Area; ii. Proposals for large scale wind farms outside the Strategic Search Area will be expected to be located outside of the settlement boundary and the developer must clearly demonstrate that there is an overriding benefit to the proposed location and justify why it cannot be located within a Strategic Search Area; and

i. Within or adjacent to the SSA proposals for wind energy greater than 25MW will be permitted subject to criteria 3 to 5; all other proposals for renewable and low carbon energy will only be permitted where they can demonstrate they would not prejudice the purpose of the SSA.

2. Local Search Areas (LSAs) i. Solar PV: Within the LSAs, proposals for solar PV between 5 – 50MW

will be permitted subject to criteria 3 to 5. All other proposals for renewable and low carbon energy will only be permitted where they can demonstrate they would not prejudice the purpose of the LSA.

ii. Wind: Within the LSAs, proposals for wind between 5 – 25MW will be

permitted subject to criteria 3 to 5. All other proposals for renewable and low carbon energy will only be permitted where they can demonstrate they would not prejudice the purpose of the LSA.

iii. All renewable energy or low carbon energy development proposals will be required to demonstrate that:

3. Proposals for all types of renewable and low carbon energy development and associated infrastructure, either on their own, cumulatively or in combination with existing, approved or proposed development, shall comply with all other relevant policies in the LDP and shall not have an significant adverse effect on

a) the characteristics and features of the proposed location as result of the siting, design, layout, type of installation and materials used do not have a significant adverse effect on the characteristics and features of the proposed location;

b) The development would not result in unacceptable loss of public amenity or public accessibility to the area;

c) The development would not result in significant adverse effects on natural heritage or historic environment, or visual amenity either individually or cumulatively;

d) There would be no significant adverse effect on the Gower AONB; e) There would be no significant adverse impact on water quality and quantity; f) The development would not result in the permanent sterilisation of minerals

resources; g) The development would not compromise the transport network;

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h) c) The development would not interfere with Radar, aAircraft oOperations or tTelecommunications;

i) d) There would be no loss of carbon sinks, or it can be demonstrated that on-site loss can be adequately mitigated; and

4. The satisfactory removal of infrastructure and remediation and/or restoration of the natural environment, would be undertaken in accordance with an aftercare scheme to Satisfactory mitigation shall be in place to reduce the impact of the proposal and its associated infrastructure, and in the case of solar proposals must mitigate against any impacts of glint and glare. Proposals shall make provision for the restoration and after-care of the land for its beneficial re-use. This will be agreed with the Council prior to the development being carried out.

5. Where necessary, additional compensatory benefits will be sought by agreement with applicants in accordance with Policy IO 1 Supporting Infrastructure.

2.13.1 The Policy sets out criteria against which all proposals for renewable and low

carbon energy development will be assessed, including those relating to large (>25MW), medium (5-25MV) and small scale (<5MV) Energy from Waste (EfW), Combined Heat and Power (CHP), Biomass, Hydro-Power and Solar technology, at the scales shown in the table below. All onshore energy projects over 50MW are determined by UK Government based on the National Policy Statements5 and some micro scale projects are permitted development under the General Permitted Development Order. See 2.12.14 for further details.

2.13.2 The Welsh Government is committed to facilitating the development of

renewable energy sources. National Planning Policy and Guidance6 sets out advice on different types of renewable energy technologies, and the design and locational considerations that developers should have regard to when proposing renewable energy schemes. National Planning Policy and Guidance also identifies seven Strategic Search Areas (SSA) which are considered to be the most appropriate locations for large scale (>25MW) wind farm developments. Part of Strategic Search Area E: Pontardawe is located within the County.

2.13.3 It is expected that any large scale wind farm proposal would be situated within the SSA, However there may be overriding benefits to siting developments in other locations in the County. Any overriding benefits must be adequately demonstrated by the submission of a detailed assessment alongside any planning application, which must clearly demonstrate the

5 Planning Policy Wales Edition 8 http://gov.wales/topics/planning/policy/ppw/?lang=en 6 TAN 8: Planning for Renewable Energy http://gov.wales/topics/planning/policy/tans/tan8/?lang=en

Scale of development/ Threshold Wind (on shore) Other

Strategic + 25MW + 50MW

Local Authority 5 – 25MW 5 – 50MW

Sub Local Authority 50Kw – 5MW

Micro Below 50kW

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benefits of the chosen site and highlight any negative impacts and their proposed mitigation measures.

2.13.4 (Moved from 2.13.12) The Council has undertook a Renewable Energy Assessment (REA) in 2018 which evaluates the potential energy capacity of renewable and low carbon technologies in the County. Initial The findings of the REA suggest that there is significant potential within the whole of the County for the development of renewable and low carbon technologies and developers are encouraged to explore all aspects of the County’s capability to contribute to lowering UK Carbon emissions within the energy sector. The potential of each technology in terms of Electricity and Heat is detailed in the tables below. The REA has also highlighted Wind Local Search Areas and Solar Local Search Areas which are spatially expressed. These Local Search Areas (LSAs) do not mean an automatic presumption in favour of renewable energy development, but identify the least constrained areas within Swansea following the Practice Guidance: Planning for renewable and low carbon energy – a toolkit for planners7. The REA will be kept under review throughout the Plan Period.

Solar LSA Table

LSA Ref Size Ha Potential Capacity MW

Potential Energy (GMWh/yr)

S1

S2

S3

S4

Wind LSA Table

LSA Ref Size Ha Potential Capacity MW

Potential Energy (GMWh/yr)

Wind 706.3 70.0 167

Renewable Electricity Potential Table

Energy technology

Capacity factor

Accessible resource

Current installed capacity

Target scenarios for 2025

Low 15% High 50%

MWe GWh/y MWe GWh/yr MWe GWh/yr MWe GWh/yr

Onshore wind 0.27 70 167 - - 10.5 25.5 35 83.5 Energy crops 0.9 34.74 273.9 - - 5.21 35.69 17.37 118.95 EfW 0.9 4.19 33 - - 0.63 4.95 2.10 16.5 Landfill gas 0.6 - - - - - - - - AD (animal) 0.9 0.1 0.75 - - 0.02 0.11 0.05 0.38 AD (food) 0.9 - - - - - - - - Sewage 0.42 0.89 3.3 - - 0.13 0.49 0.45 1.65 Hydropower 0.37 - - - - - - - -

7 Welsh Government Practice guidance: Planning for renewable and low carbon energy – a toolkit for

planners http://gov.wales/topics/planning/policy/guidanceandleaflets/toolkit-for-planners/?lang=en

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Building integrated

0.1 46.9 41 - - 7.03 6.15 23.45 20.5

PV 0.1 238.75 209.145 30 262.8 35.8 31.4 119.4 104.6 Currently Installed

30 262.8 30 262.8

Total N/A 30 262.8 367.1 608.9 Local authority projected electricity demand in 2020 937.5 GWh

Percentage electricity demand in 2020 potentially me by renewable energy resources

39.2% 64.9%

Renewable Heat Potential Table

Energy technology Capacity factor

Accessible resource

Current installed capacity

Target scenarios for 2025

Low 15% High 50%

MWt GWh/y MWt GWh/yr MWt GWh/yr MWt GWh/yr

Biomass CHP or large scale heat (energy crops)

0.5 69.48 304.3 - - 10.4 45.6 34.74 152.15

Biomass CHP or large scale heat (AD)

0.5 0.14 0.6 - - 0.02 0.9 0.07 0.3

Biomass CHP or large scale heat (wood fuel)

0.5 48 20 - - 7.2 3 24 10

Heat from EfW (CHP or Heat only)

0.5 8.37 37 - - 1.3 5.6 4.185 18.5

BIR (solar water heating, biomass boilers, heat pumps)

0.2 23.4 41 - - 3.5 6.1

11.7 20.5

Total N/A 149.39 402.9 - - 22.42 61.2 74.695 201.45

Local authority projected electricity demand in 2020 1956.3GWh

Percentage electricity demand in 2020 potentially me by renewable energy resources

- 3.1% - 10.3%

2.13.5 Development management considerations for renewable energy proposals

are set out in National Planning Policy and Guidance.8 The Policy sets out additional specific local criteria which must be considered relating to: siting; impacts on the transport network; telecoms; carbon sinks and proposals for restoration. Additional specific local criteria are set out in Policy EU1 which must be considered relating to: siting; public amenity, proposals for restoration and carbon sinks, interference with radar, aircraft operations and telecommunications. The Plan should be read as a whole and other relevant detailed policies in the Plan will support consideration of renewable energy proposals (for example in relation to impacts on the transport network).

2.13.6 (Taken from 2.13.4)Developers will be expected to submit a report which sets out how each of the national and local considerations have been addressed, especially with regard to local features and characteristics. This may include a Landscape and Visual Impact Assessment, or where the

8 Further detailed guidance is contained in the Practice Guidance Planning Implications of Renewable and Low Carbon Energy Development

http://gov.wales/topics/planning/policy/guidanceandleaflets/planningimplications/?lang=en

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proposal affects the historic environment a Heritage Report Impact Statement.9

2.13.7 The impacts of Glint and Glare, specifically for Solar PV developments must be considered. Glint is produced as a consequence of the direct reflection of the sun on the surface of a solar PV pane and/or the frame. Glare is a continuous source of brightness. This is not a direct reflection of the sun like Glint, but rather a reflection of the bright sky around the sun. Glare is less intense than glint. The potential impacts upon surrounding uses, should be thoroughly assessed by the applicant at the pre-planning stage.

2.13.8 The cumulative character and visual impacts of proposals are to be considered. The cumulative landscape impacts are the effects of a proposed development on the fabric, character and quality of the landscape local features and characteristics and the degree to which a proposed renewable energy development will become a significant or defining characteristic of the landscape locality.

2.13.9 (Moved from 2.13.6) Cumulative visual impacts concern the degree to which proposed renewable energy development will become a feature in particular views and the impact this has upon the people experiencing those views. This may arise where two or more of the same type of renewable energy developments will be visible from the same point, or will be visible shortly after each other along the same route. Hence, it should not be assumed that, just because no other sites will be visible from the proposed development site, the proposal will not create any cumulative impacts.

2.13.10 Similarly, any ancillary works should be sensitively and carefully sited, designed, and limited to locations where proposals would not have a significant cumulative effect. Such developments should be sympathetic to the characteristics of the local landform, contours and existing landscape features.

2.13.11 Provision should be made for the removal of temporary structures, plant and equipment from the site once construction works are completed. When the installation has come to the end of its operational life, all structures, plant, equipment and associated infrastructure should be removed within six months (or a pre-negotiated period) after decommissioning and the land restored to an acceptable standard as agreed prior to consent being granted.

2.13.12 Access to open spaces within the County must be maintained, and where possible improved. Renewable energy installations that unduly restrict access must propose sufficient mitigation measures or facilitate the opening up of other areas for public amenity.

9 Further guidance on micro generation in historic buildings can be found in the Cadw publication ‘Renewable energy and your historic building’ http://cadw.gov.wales/docs/cadw/publications/Micro_gen_booklet_EN.pdf

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2.13.13 Renewable energy proposals within upland areas are likely to have an impact on peat soils. Peat rich soils act as important carbon stores and potentially blanket bog priority habitats which will be safeguarded by applying the ‘suitable for use’ approach. Where an unacceptable loss of carbon stores are identified, the requirement for remediation must be calculated in the light of current land use in a local environmental context. Proposals which are likely to have an impact on peat soils will be required to conduct a site specific risk assessment to be considered as part of the planning application.

2.13.14 National Planning Policy and Guidance10 makes clear that development proposals should not conflict with areas of safeguarded coal resource. Any developments should be of a temporary nature and site restoration should not prohibit future mineral development.

10 Minerals Technical Advice Note 2 http://gov.wales/topics/planning/policy/mineralstans/2877461/?lang=en

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Appendix 2: Renewable Energy Assessment – Update 2018 Please refer to separate document.