Agenda item

38C310F/EIA/ECON – Wylfa Newydd, Cemaes

 7.6  38C310F/EIA/ECON – Site preparation and clearance works for development of the Wylfa Newydd power station comprising the following activities : site clearance (including vegetation clearance and management, removal of fencing, walls, gates, filed boundaries, existing structures (including buildings), scrub, trees, and other above ground features); site establishment works (including installation of a new crossing of the existing Magnox power station access road, formalisation of existing vehicular crossing points across Cemlyn Road, formalisation of vehicular routing, installation of construction fencing around the perimeter of the site, establishment of laydown areas, material storage compounds, construction compounds and associated temporary office/welfare buildings, car parks, associated footpath link from between main site compound to the former Wylfa Sports and Social Club car park, fuel store, security fencing, drainage and security features); ground improvement works (including establishment of a remediation processing compound and associated fencing, storage of treated/processed material, establishment of associated access tracks, drainage, excavation and treatment of soils likely to be contaminated, and treatment and removal of invasive non-native species); diversion and/or closure of Cemlyn Road with controlled access to Ty Croes (Fisherman’s Car Park); other associated works; and a scheme of restoration to return the site to an acceptable condition in the event the Wylfa Newydd power station development does not proceed at Wylfa Newydd, Cemaes

 

The application was presented to the Planning and Orders Committee as the application is accompanied by an Environmental Impact Assessment and is therefore referred to the Committee for determination in accordance with paragraph 3.5.3.10 of the Constitution. 

 

Mr Roger Dobson (an objector to the application) said that he was not opposing the proposed Wylfa Newydd project but was against this application for site preparation and clearance. He said that the Wylfa Newydd development area bounds three sides of his property; he is a Community Councillor and represents the Llanbadrig area on the North Anglesey Partnership.  Whilst having a personal and prejudicial interest in the application he has received a dispensation by the Standards Committee to speak on Wylfa matters.

 

He further said that the proposal is substantial and is larger than any development seen on Anglesey since the construction of the A55.  He noted that there will be 50 large items of diesel plant and there will be 80 workers on site.  740 acres of coastline will become a wasteland in the area.  The developer has removed the ‘off-line’ highway improvements from the application; this would have been a permanent benefit for the community.  Mr Dobson further said that he had spoken to the developer as regard to the hours their employees will be working on site; he said that they are incapable of a straight answer.  He considered that Horizon intends to work employees for excessive hours which would be probably more than 60 hours per week which is considered unsafe; it increases the risk of accidents and fatalities.  He noted that ROSPA says that 20% of road traffic accidents occur due to fatigue and are 50% more likely to result in fatalities or serious injuries. 

 

Mr Dobson said that Horizon wants the Council to agree to destroy a beautiful landscape that has evolved over millennia along with buildings and houses as it is considered that it might shorten the time to build the power station by a year.  However, if this work is integrated within the main build, as originally planned, any delay could be reduced to a lot less than a year.  Several years have already been lost because of Horizon’s management and ownership changes; other delays will occur in the future i.e. Hinckley C and HS2.  There is a real risk that the project could be derailed or delayed by the DCO outcome and it may not proceed because of funding, especially in the current political climate.  Destroying the landscape will have been for nothing.

 

Mr Dylan Morgan (an objector to the application) in the first instance questioned if the Committee had received a copy of a letter by Harrison Grant Solicitors who are acting on behalf of Greenpeace.  The Chair responded that the Committee had the letter and this would be covered in the Officer’s update.  The Council Solicitor said that the letter by the Harrison Grant Solicitor has been received and has been dealt in the usual procedure when dealing with planning applications. 

 

Mr Morgan said the PAWB is asking the Planning Committee and the Council to refuse the application for the site preparation and clearance of the development of Wylfa Newydd.  He said that the application needs to be referred to the Planning Inspectorate under the regulations made under the Town and Country Planning Act 1990 and a report to be made to the Welsh Ministers on the findings of an independent public local planning inquiry into Horizon’s proposal to destroy land of around 300 hectares (738 acres) at Wylfa.  He said that the public should not be denied their traditional, democratic and devolved rights to question and examine all aspects of the proposed application at a local public inquiry.  He further said that the site preparation and clearance for the development of Wylfa Newydd needs to be opposed as the landscape will be destroyed with nearly 750 acres being cleared; he compared the scale of the site to the whole area of Holyhead.  He noted that the site is on the boundary of an Area of Outstanding Natural Beauty, North Anglesey Special Landscape Area, Gerddi Cestyll and a Site of Special Scientific Interest (SSSI) at Cae Gwyn and Tre’r Gof.  He considered that there is a threat to environmentally protected sites and species; there is a threat to the breeding site of Terns at Cemlyn Bay which again a SSSI site.  Mr Morgan said that the proposed development will diminish the Area of Outstanding Natural Beauty (AONB) on Anglesey completely to the west of Afon Cafnan (the part which the applicant has proposed as a seasonal restricted area).  It would also destroy the habitat of birds, animal and certain types of fungi and also ground water drainage; areas of important landscape and historical importance will be lost. 

 

Mr Morgan further said that if Hitachi was to withdraw from the Wylfa Newydd project for any reasons, it would be foolish to approve this application.  He noted that a resident of Tregele had contacted him expressing that Horizon have not satisfied the local residents as regards to questions as regards to their intent to address noise levels, dust, traffic disturbance etc.  Horizon has promised the local residents i.e. to install triple glazing but to no avail.  Large cracks have appeared on nearby properties due to deep drilling in the area. 

 

Mr Ifer Gwyn and Mr Will Ryan were present as representatives from Horizon.

 

Mr Ifer Gwyn said that this proposed application before the Committee by Horizon denotes the start of the substantive project of Wylfa Newydd and this is acknowledged within the Supplementary Planning Guidance (SPG) of this Council on Wylfa Newydd as adopted recently and within National Policies.  He noted that Horizon has been working on the Wylfa Newydd project for a number of years and the proposal before this Committee has been brought forward effectively for site preparation works but without the main engineering operations originally proposed.  If the Wylfa Newydd proceeds, this proposed site clearance will save time within the program for the building works on the site.  However, if Wylfa Newydd does not proceed the site can be restored either for ecological benefit or for agriculture.  The Company wishes to make sure that the site can be restored through a financial agreement if planning permission is given for the development.  It is accepted that the works will change the appearance of the site and will entail having to demolish six dwellings, this is an essential part of the preparation of the land for the Wylfa Newydd project and other infrastructure plans.  However the design includes a provision for the storage of stones which may be restored and used in future and tree trunks and hedges are to be also stored so as to safeguard ancient trees before a decision is made on the Development Consent Order (DCO) for the construction of Wylfa Newydd.  He noted that the Officer’s report before the Committee and its conclusions are robust and reflects the challenging discussions which have been undertaken between Horizon and Officers of the Council. 

 

Mr Gwyn further said that Horizon acknowledges the local concerns in respect of the plans i.e. the number of workers who will be working on the site along with traffic issue.  Safety is a paramount consideration by Horizon towards its workers and the public.  The operational hours are noted within the Officer’s report which are usual within the regulations and the building industry.  Horizon will work with the contractors, who will carry out the work on the site clearance, on the site preparation and clearance conditions and where practical the number of vehicle movements will be reduced in order to reduce traffic and the potential for the fatigue of workers on site.  A condition has been prepared ensuring that details are presented to the Planning Authority before approval.  This will ensure that Horizon and its contractor’s works within robust systems and gives appropriate consideration to health and safety and best possible practises are applied.  A detailed S106 legal agreement will be produced in order to ensure that there are commitments to reduce the effects of the proposed development.  He further said that the Company has several plans that are part of the DCO which have been provided as initial stages or trials which include a jobs and skills strategy and a strategy on a survey on local homes to ensure that the Company are able to insulate them against noise nuisance in the future.  Also restorative works will be secured through a legal agreement which confirms that Horizon realises the significance of this application in the wider context of the Wylfa Newydd project. 

 

Members asked whether the application before the Committee is premature as there is not yet any permission in place for the development of Wylfa Newydd project.  Mr Ifer Gwyn responded that the site preparation and clearance will give the Company a start of 12 months ahead of the timetable to build the power station itself. 

 

Councillor Robin Williams questioned whether the window of 12 months for the site preparation and clearance was to benefit the works on the Wylfa Newydd site when other material issues might interfere with the process i.e. funding for the Wylfa Newydd project and the DCO.   Mr Wil Ryan responded that if the application before the Committee is approved it would result in the site preparation and clearance taking place in the New Year.  He further said the DCO has been submitted and the Company has a phasing strategy and Horizon believes that the Wylfa Newydd project is deliverable and will be determined in due course by the appropriate authority.  The 12 months site preparation and clearance is paramount to delivering the project at Wylfa Newydd.

 

Councillor John Griffith questioned as to why the ‘off-line’ works on the A5025 are not included within the application before the Committee.   Mr Will Ryan said that the decision to separate the planning application from the ‘off-line’ works was to ensure that any impact on the site preparation and clearance works is less on the community; the current highway network can accommodate the traffic needed to carry out these works on site.  Councillor John Griffith said that within the report to this Committee it is stated that up to 80 workers are to be employed to undertake the site clearance and preparation works on the Wylfa Newydd site.  He questioned as to how many workers will be from the Island.   Mr Will Ryan responded that as reported within the report to the Committee it is anticipated that up to 70% to 80% will be from the Island and the immediate mainland.  Councillor Griffith said that 30 buildings and 6 dwellings are to be demolished, he questioned for what reason.  Mr Will Ryan responded that the planning application is for the removal of 35 building with 8 residential dwellings having been demolished or to be demolished.  He said that most of the buildings are barns and outbuildings where bats roost; the company are in the process of constructing bat barns and wildlife towers to ensure that protected species are able to move to the new structures.   Councillor Griffith further questioned whether the company would consider placing the historical names of the buildings that are to be demolished on buildings on the Wylfa Newydd site.  Mr Will Ryan responded that the placing the names of historical building will be a matter for consideration by the Company. 

 

Councillor Bryan Owen questioned whether the legal S106 agreement was now a public document. The Planning Manager (Major Consents) responded that discussions are still taking place with the developer as regard to this planning application and the full S106 agreement not finalised.  Councillor Owen also referred that during the archaeological dig a number of graves dating back 2,000 years have been unearthed.  Mr Will Ryan responded that procedures and processes are in place to deal with the graves and recover them as appropriate.  He further said that the area concerned will have minimal construction of fencing and digging of contaminated land on the site.  A condition has been imposed to any approval of the application that a scheme for archaeological recording on site, recording of historic buildings, surveys etc., is required by the developer and approved in writing by the Local Planning Authority. 

 

Councillor Dafydd Roberts said that one of the objectors to the proposed application has referred to concerns that the workers on site will have to work excessive hours.  Councillor Roberts questioned as to the hours the workers are to be working on site.  Mr Will Ryan responded that conditions are attached to the proposed proposal that impose limitation on the hours of operation on site.  He said that employers are required to ensure that the hours the employees work on site does not exceed the national 48 hours average weekly limit and Horizon and its contractors have a duty of care to each individual worker due to health and safety issues.

 

Councillor R O Jones said that local residents are concerned that the landscape of the area will be destroyed if this application was approved.  Mr Wil Ryan responded that it is accepted that the landscape will change but the company will ensure that there is minimal impact and ancient woodland will be protected and there will be no impact on the SSSI.  He noted that the significant blasting and drainage works previously consulted on have been removed from the application.       

 

Councillor John Griffith said that it is noted within the report to the Committee that the cost to remediate the site is around £6m to £7m. He questioned whether a Bond is to be put in place to make sure that the money is secured if the development at Wylfa Newydd does not take place.  Mr Will Ryan said that the S106 legal agreement, when signed, will provide for the area to be restored if any company involved in the Wylfa Newydd project goes into liquidation. 

 

Councillor Richard Griffith, a Local Member said that the residents of Tregele have endured works taking place on the highway and investigation works for over 2 years on the proposed Wylfa Newydd site.  He considered that local residents should be compensated and this should be assured through the S106 legal agreement.  He expressed that he is not objecting to the site preparation and clearance as delaying the works would not be viable as the residents have already endured noise nuisance and works on site already but he expressed that the residents needs to be addressed.

 

Councillor Aled M Jones, a Local Member said that he fully supported the Wylfa Newydd project.  He noted that a S106 legal agreement has been mentioned during discussions on this application and he hoped that all the elected members and the local Community Councils of Llanbadrig and Mechell be afforded a copy of the agreement as a matter of urgency.  He noted that questions have been raised that the site preparation and clearance application before the Committee is premature and he has some concerns but he was in agreement that the site preparation needs to be approved.  He further considered that the highways works needed to the included within the application.   Councillor Jones questioned Officers as to the number of years the developer would be afforded to carry out works on the site if the application was approved at today’s meeting.  The Planning Manager (Major Consents) responded that a condition has been attached to any approval of the application which stipulated that the applicant will be afforded 2 years to commence the works on site.  Councillor A M Jones considered that any approval of the application should afford 5 years to commence the works on site as is normal with any other planning application.  However, he expressed that stringent conditions needs to be in place to make sure that the local communities are protected from the proposed development; this needs to be attached to the S106 agreement and the working conditions of workers on site be put in place.  He further said that a condition needs to be imposed to safeguard the Cestyll Gardens near Cemaes.

 

The Planning Manager (Major Consents) said that the application before members is for Site preparation and Clearance Works for development of the Wylfa Newydd power station and a full description of those works is given in the papers, In summary the proposed works are site clearance, site establishment, ground improvement including remediation of contamination, the erection of construction fencing and the creation of accesses, laydown areas and site compounds. These works will include the removal of fencing, walls, gates, field boundaries, existing structures, scrub and tree. The Application Site extends to approximately 299 hectares of land the majority of which is in agricultural use for grazing. The northern boundary of the SPC Application Site broadly follows the Anglesey coastline but excludes the Existing Power Station as well as land at the Wylfa Head peninsula and Trwyn Pencarreg. The boundary is separated from Cemaes to the east by an area of agricultural land. The A5025 road adjoins the south-eastern boundary. Cestyll Garden, is situated to the west.

 

He noted that the scope of the works has been reduced from that consulted on at pre-application, to take into account responses to those consultations. The current scope has removed some elements such as the realignment of watercourses, rock blasting and closure of PRoWs.  This application is the start of the Wylfa Newydd project and would consent the first major works on a site which will be developed over a period in excess of ten years in total. While this is the start of the project as a whole, Members are reminded that this application is sought to facilitate the delivery of a new nuclear power station; it is not for the power station itself.

 

The proposed development constitutes EIA development in terms of the regulations and an environmental statement has been produced to accompany it. Officers and consultation responses raised some concerns regarding the sufficiency of some elements of that in that statement and further environmental information was submitted by the applicant, advertised and consulted upon as required. The environmental impacts of the proposal are set out in the report before along with officer’s conclusion that, having regard to the planning balance and subject to conditions, these are acceptable. 

 

The Planning Manager (Major Consents) said that the proposed development has the potential to impact on the conservation objectives of European protected sites. As members will be aware, the Isle Anglesey County Council as the competent authority under the Habitats Regulations must determine whether an appropriate assessment is required, and if it is, undertake it. No planning permission can be granted unless the habitats assessment reaches an outcome that the development can proceed and this consideration is therefore a pre-requisite to the decision before today’s meeting.

 

The applicant submitted information as part of the application setting out its position that the development would not have an adverse effect on such sites and could be screened out from requiring this assessment. Officers, having regard to the advice of NRW and the Council’s specialist consultants and legal advisors,  and having considered various representations made concerning the habitats information submitted by the applicant in response to consultation, determined that this application could not be screened out from requiring an assessment. The Council’s consultants have therefore carried out an appropriate assessment. The conclusion of that assessment is that, with suitable mitigation measures in place, the development will not have an adverse effect and a planning decision on the merits can be made. Officers have recommended conditions to secure the required habitats mitigation which includes measures such as preventing working near to nesting sites during the breeding season for terns to ensure that birds are not disturbed. The Officer therefore advised members that subject to the imposition of conditions, in habitats terms the development is acceptable and you can proceed to consider the planning merits of the application.

 

To date the Local Planning Authority (LPA) has received in the region of 95 letters of objection and 1 letter of support to the application.  This includes 4 objections which have been received since publication of the Officer’s report together with a number of objections brought to the LPA’s attention from Councillors which raise no new or additional issues that have not already been raised as part of the Case Officer’s assessment. A further late representation was received yesterday from lawyers acting on behalf of Greenpeace. That representation objects to the application on the grounds that Greenpeace consider that National Policy Statement EN6 which concerns new nuclear energy cannot be relied upon or given any weight in this determination because it concerns the delivery of new nuclear power by 2025 and Wylfa is now anticipated by the applicant not to commence generation until 2027. The representation continues to set out objections to nuclear power in principle and submits that the need for nuclear power cannot be demonstrated and the application therefore cannot be shown to be necessary. The decision before members today is not on a nuclear power station and its impacts the details of that proposal will be considered through the DCO process not this application.

 

In principle, the allocation of weight to National Policy Statements by local planning authorities in considering works designed to support or facilitate NSIPs is supported by a letter from the Chief Planner of DCLG in March 2010 entitled ‘Preliminary Works; Planning Act 2008 – Guidance for Local Authorities’. This states that NPSs may be a material consideration for local authorities when determining planning applications for preliminary works. The report before you and the government guidance Planning System: General Principles published by DCLG reiterate the general law that “In principle…any consideration which relates to the use and development of land is capable of being a planning consideration. Whether a particular consideration falling within that broad class is material in any given case will depend on the circumstances”.

The objectors are entirely correct that EN6 was intended to guide nuclear development which would be deployed by 2025.  However, in December 2017 the Government stated that, subject to the outcome of the consultation on the review and replacement of EN6, the Government propose to carry forward the sites listed in EN6 (including the application site) into the new NPS. The Ministerial Statement on Energy Infrastructure which was also made in December 2017 advises that the Government continues to in principle support to project proposals at those sites listed in EN6.  The General Principles guidance states that the Governmental statements of planning policy are material considerations that must be taken into account, where relevant, in decisions on planning applications. Accordingly, while national policy on nuclear sites is being reviewed and updated, the statements made regarding the Government’s intention to carry this site forward can be given weight by this committee if considered to be relevant in the circumstances.   It is also noted that the national need for new (and particularly low carbon) energy is identified in NPS EN-1 as well as EN6 and the need for new nuclear power is explicitly stated in that policy; NPS EN1 has not expired.  

 

The Planning Manager (Major Consents) further said that many objectors have submitted that the application before members today is premature as there is not yet any permission in place for the development these works are designed to facilitate. The Committee is referred to the consideration of this point in the report and it is noted in particular, that the JLDP policy PS9 deals specifically with proposals for early works.

 

It is proposed that should the power station development not proceed the application site would be restored to an acceptable condition. It is clear that the site cannot be returned to precisely the condition it is currently and that like for like restoration is practically impossible given the loss of vegetation and trees. However, it is possible for the site to be returned to a condition which does not result in permanent damage to the landscape, which encourages and supports biodiversity and which reinstates features such as field boundaries and vegetation patterns. Officers have recommended that any conditions are attached to any permission requiring that an outline restoration scheme setting out the principles and standards of restoration must be approved by the LPA before any works are undertaken and that a financial security is sought through a section 106 to guarantee delivery of restoration works. The details of the restoration would be controlled by the LPA through the conditions in consultation with NRW and having regard to the current standards for such works at the time the details were approved in line with the principles agreed before commencement. Officers recommend that this level of control is sufficient to provide members with certainty that the landscape will not be left in an unacceptable condition to the detriment of local communities should the DCO not be granted or implemented.

 

The proposed development constitutes EIA development in terms of the regulations and an environmental statement has been produced to accompany it. Officers and consultation responses raised some concerns regarding the sufficiency of some elements of that in that statement and further environmental information was submitted by the applicant, advertised and consulted upon as required.

 

The Planning Manager (Major Consents) said that the Authority has considered carefully what is necessary to make the site preparation and clearance works application acceptable in planning terms in the context of the overall project, taking into account the context and basis of the application, particularly that the works mark the start of the wider Wylfa project and therefore not only is mitigation required to address the direct effects of the proposals, but it is also necessary to ensure that some of the requirements needed to address the impacts from the wider development are put in place now. 

 

What the Council is looking to secure has been informed by the application together with the consultation responses received and it is considered to meet the appropriate legal thresholds required for planning obligations.

The key topic areas suggested by officers for the planning obligations to be secured in the s.106 agreement (which have been agreed with the applicant) if planning permission is granted are:

 

1          Local Facilities Contribution

2          Tourism

3          Heritage and Archaeology

4          Welsh Language

5          Employment, Education and Skills

6          Local Purchasing and Supply Chain Development

7          Worker Accommodation

8          Environment, Heritage and Community Resilience Contribution

9          Implementation and Monitoring

10         Landscape Restoration

11         Wylfa Head Management Plan

12         Noise, Air Quality and Vibration

13         Public Rights of Way

 

The total value of payments provisionally agreed between the developer and Local Planning Authority Officers last week is £2,058,000.  This represents a mixture of contributions and measures, all of which are considered as being required to make the development acceptable in planning terms.  In addition, the proposed s106 will ensure that the site is restored to an acceptable condition if the new nuclear power station DCO is not granted and/or implemented.  The costs for landscape restoration (which includes site management and aftercare for a period of 10 years) has been calculated by an appropriately qualified consultant at approximately £7.0 -7.5 million based on the worst case point of the works where maximum restoration would be required.  If the applicant/owner is in default of requirements for restoration, aftercare and management, the Council will be able to call on an appropriate financial security to ensure that the works are carried out to the required standards.

 

The Planning Manager (Major Consents) further said that Welsh Government has received a request to ‘call-in’ the application for determination but confirmation that it has been ‘called-in’ has not been received by this Authority.  However, this does not prevent this Committee for determining the application at this meeting. 

 

Councillor Dafydd Roberts said that the proposed application is dependent on a S106 legal agreement between the applicant and the Local Planning Authority being concluded; he considered that the development will have an effect on the whole Island.  Councillor Roberts ascertained whether the application should be determined by the full Council.  The Legal Services Manager responded that the Council’s Constitution prevents the full Council from dealing with planning applications.

 

Councillor Bryan Owen questioned if the extent of site preparation and clearance as regards to the proposed application is adequate to deal with any expansion of the site at Wylfa Newydd.  The Planning Manager (Major Consents) responded that only the planning application before the Committee must be dealt with. 

 

Councillor K P Hughes said that numerous conditions had been attached to any approval of the application but one of the main condition as regard to the ‘Bond’ has been omitted.  The Planning Manager (Major Consents) responded that no planning approval would be released before the legal agreement was signed by the developer.  Councillor Hughes ascertain whether an additional condition needs to attached to any approval of the application that the ‘Bond’ needs to be in place before any development on site.  The Solicitor responded that condition should not be sought for financial guarantees and that this would be secured through the S106 as a pre-requisite to the issue of any consent.

 

Councillor John Griffith requested clarification as to who will be monitoring the stringent conditions imposed on this application.  The Planning Manager (Major Consents) responded that this Authority will be responsible for monitoring the conditions imposed; a section within S106 legal agreement which requires funding towards the costs of such monitoring has also been agreed in principle.  Members questioned whether the Authority has the capacity and staff to monitor such a large application.  The Planning Manager (Major Consents) responded that extensive negotiations have taken place as regard to this proposed application for the Site Clearance and Preparation Works at Wylfa Newydd and funding towards the monitoring of the works to be carried out has been secured within the Heads of Terms’ for the agreement. 

 

The Chair confirmed that other Elected Members of the County Council had also requested to speak at the meeting.  She said that she was unable to allow the Members to speak as per the County Council’s Constitution.  The Legal Services Manager said that the Constitution allow Members of the Committee, Local Members whose ward the proposed development is located or members who represent the electorate that have received notice of a development under the Town and County Planning Act 1990 may speak at Planning and Orders Committees.  He considered that there is no basis to extend the category further.

 

Councillor K P Hughes proposed that the application be approved in accordance with the Officer’s recommendation.  Councillor John Griffith seconded the proposal of approval. 

 

It was RESOLVED to approve the application in accordance with the Officer’s recommendation subject to the conditions contained within the written report and subject to completion of a S106 Agreement of the Town and Country Planning Act 1990 (as amended).