SC(3) CR-Plan 14
Sustainability Committee
Inquiry into Carbon Reduction in Wales: Carbon Reduction via Planning
Response from Campaign for the Protection for Rural Wales (CPRW)
CPRW believes that the planning system in Wales contrary to being a major obstacle or barrier to achieving carbon reduction provides an important and objective reality check to the target driven approach to carbon reduction currently being pursued.
We also advocate that it
Can and should have a positive and defining role in achieving carbon reduction.
Must give greater recognition to the significance of the local landscape character and the strength of feelings local people have for unacceptable change to their surroundings.
Must have greater and direct regard for the principles of the European Landscape Convention.
Should be devolved in its totality to the Welsh Assembly Government to enable full responsibility for determining energy and infrastructure projects to be taken in Wales.
Must include provision for any development requiring an Environmental Impact Assessment to complete a full evaluation of its carbon impacts and benefits
Requires the consent procedure for major energy schemes and their associated transmission networks to be evaluated together rather than independently.
Includes a "carbon tariff” for development which adds to rather than reduces Wales’ carbon footprint, based on the polluter pays principle
With regard to TAN 8, CPRW believes
The "designation” of specific upland areas of Wales for industrial scale onshore wind schemes was inappropriately conceived and remains scientifically unsound.
The changing scale and context of the energy industry demonstrates that the principles upon which TAN 8 was based were inadequately researched, are now out dated and are no longer tenable
The underlying principles of TAN 8 to promote industrial scale wind power schemes in ring fenced Strategic Search Areas should be abandoned as a matter of urgency.
Greater emphasis should be given to local community and domestic scale energy generation production as opposed to industrial scale energy schemes.
Renewable energy generation on close to urban centres should be promoted rather than the continued emphasis on using the rural uplands.
National Assembly for Wales: Sustainability Committee
Inquiry into carbon reduction in Wales
The role of the Planning system in Carbon reduction
Submission by the Campaign for the Protection of Rural Wales (CPRW)
1.1 - The Campaign for the Protection of Rural Wales (CPRW) welcomes the opportunity to respond to the Committee’s consideration of the role that the Planning system in Wales can play in assisting in the challenges associated with carbon reduction.
1.2 - In our role as a national and locally recognised non statutory campaigning organisation, CPRW is heavily involved in influencing strategic and local planning policy direction and the manner of its implementation. We therefore wholeheartedly recognise and support, subject to certain safeguards, the need for a proactive and transparent planning system which contributes to the challenge of reducing the carbon profile of new developments and land use change in Wales. We support those national and local planning policy initiatives which provide drivers and incentives for this to occur. We would expect that any proposals to alter the planning system or its regulatory role, do not however dilute or compromise the ability of individuals or the relevant statutory Authorities to protect and promote the responsible stewardship of the heritage and landscape integrity of Wales, its associated amenity values or the interests and the democratic rights of those from rural communities who wish to express their views about change.
1.3 - Although we support the system of designations of areas , landscapes and features of conservation or heritage significance, we do not believe those which are not designated are by definition not important, a premise which often prevails in the process of evaluating the impacts of development or change. We believe that safeguarding the character of landscapes is a fundamental principle which our current planning system in Wales needs to embrace more realistically. Matching the significance of local landscape values with the challenge of reducing the carbon impacts of development will in our view help ensure that development and infrastructure is not only designed in the right manner and is fit for purpose but as importantly, is located in the right place.
1.4 - CPRW fully recognises the responsibility that the National Assembly for Wales has in addressing the challenges posed by climate change and its quest to reduce Wales’ carbon footprint. We believe that the planning system can and should have a positive and defining role in this matter and can do so by ensuring that new development reduces the demand and use of energy whilst maximising the opportunities and benefits for producing and using renewable energy sources. We also believe that the planning system should act as a regulatory mechanism to reduce energy being wasted. These we believe should be given greater priority in the planning system than the quest to generate increasing amounts of energy to meet what seems to be the inevitability of society’s insatiable demands.
1.5 - Whilst CPRW has an interest in many of the issues associated with the Committee’s Terms of Reference, we note in particular its interest in scoping views on the role of the current Planning regime regarding large scale energy projects in Wales and the changes which may be desirable in respect of the TAN 8.
1.6 - Our representation hereafter therefore focuses on these matters and why and how CPRW believes the planning regime Wales should change in respect of them.
2. The role of the planning system
2.1 Whilst CPRW fully supports the need for a effective system to positively direct the strategic planning for future energy provision in Wales, especially that generated from renewable sources, it does not agree with the premise which underpins the starting point for this Inquiry, namely that
"... the planning system has emerged as a major barrier to progress in meeting the Welsh Assembly Government and UK Government carbon reduction targets.”
2.2 To the contrary CPRW believes that the independent nature and scrutiny role of the planning system in Wales has proved to be robust and because of the manner in which it operates, has repeatedly and directly exposed the uncoordinated, non democratic and piecemeal approach in which the implementation of energy policy in Wales is currently being promoted.
2.3 Far from the planning system being a barrier, it is clear that it has provided an objective and at times sobering reality check, to the failings and inadequacies of the target driven approach being adopted by the Assembly Government in particular in promoting renewable energy generation. Evidence in recent years has demonstrated that the planning process has achieved exactly the function that it was set up to fulfil, i.e. a system which is able to objectively assess the need, justification and benefits of major energy proposals in particular renewable energy schemes, against the reality and hence acceptability of their associated environmental and / or social impacts and costs.
2.4 CPRW therefore advocates that the main reason why progress in realising the carbon reduction targets has not been achieved, does not lie in the failings of the planning system per se but more obviously because of the lack and proper recognition given within the existing planning regime to the true significance and range of the landscape character of Wales and the strength of feelings which local people have for unacceptable change affecting their surroundings. This is compounded by the manner in which the Assembly’s energy policy has been developed and their short-sightedness in understating the critical importance of environmental issues which underpin and in our view should drive the core values of a democratic and accountable planning system.
2.5 CPRW likewise does not consider that any changes to the planning system which rely on a preoccupation to substitute quality and careful scrutiny for speed are in any way justified. This is particularly the case with regards to energy projects. We contend that the proper democratic processes, by which the merits and acceptability of any development be it large or small are determined, should not be compromised. Any attempts to decrease the legitimacy and public credibility of the decision making process especially those which fail to have due regard to all the necessary environmental considerations, must be resisted.
2.6 We highlight in this respect, the scant recognition and regard which is currently being given within existing national planning policies to the obligations of the Westminster Government and hence the Welsh Assembly Government, to the principles of the European Landscape Convention. We cannot trace any strand of current Assembly policy which demonstrates how these guiding principles are either embedded in current national planning policy or how Local Authorities are expected to account for them locally in their Development Plans. By failing to do so doing, the Assembly Government is not recognising that sound landscape planning and management must be embedded in the principles which guide all future strategic policy regarding the development of energy generation in Wales, in particular within the renewable energy sector.
2.6 Taking the totality of all these factors into the account and recognising the pending changes to the existing planning regimes which are about to take place in Wales as a result of the recent enactment of the 2008 Planning Act, CPRW does not agree that decisions about major infrastructure proposals which will have a profound impact on the landscapes and community life of Wales should be taken by the undemocratic and unaccountable Independent Planning Commission.
CPRW believes that this Committee should continue to press the Assembly Government to seek the devolution of powers for the determination of major energy infrastructure projects in Wales
2.7 In so far as the scrutiny of major energy projects or indeed all forms of significant development is concerned, in particular the assessment of the potential carbon costs and benefits of such proposals, we would suggest that this Committee recognises the inadequacy of the current statutory Environmental Impact Assessment procedures. Experience has repeatedly shown that the overall carbon implications of major development including energy projects and other major infrastructure schemes, is inadequately assessed and in some instances deliberately ignored in developers evaluation appraisals. We would therefore suggest that this Committee recognises that if the planning system is to help reduce the carbon footprint of any form of new major development then there is a need for objective information regarding a development’s carbon impact to be a material consideration in the evaluation that scheme’s acceptability.
We therefore recommend that the Committee proposes that a crucial aspect of the statutory evaluation of any development subject to an Environmental Impact should be a comprehensive analysis by the developer of carbon impact of their proposal. Where a scheme cannot show a clear carbon benefit then this should be an primary consideration in deciding its acceptability.
2.8 A further aspect of the existing planning regime in Wales which causes us significant concern (in relation to energy schemes), is the lack of synchrony between the consent process for the development and the consent process for the transmission of the power from that scheme into the appropriate grid network. The independent nature of these arrangements is totally unsatisfactory and can lead to the totally unacceptable situation where the provision and impact of transmission lines is not accounted for in the evaluation of the impact of the parent energy generating proposal. The present circumstances in Mid Wales illustrate this and highlight the total lack of justification for developing this part of Wales as a major source of renewable energy generation. Our subsequent comments in respect of TAN 8 address this matter further.
2.9 In addition to these suggestions we further believe that the carbon impact of any development should be properly accounted for in the system of planning fees paid by a developer. We consider that a system analogous to the current road fund tax based on CO2 emissions could have its carbon equivalent in the planning system. Comparable examples of the "Polluter pays principle” exist in the form of Landfill Taxes and the Aggregates Levy Fund and with careful thought, a similar Carbon levy associated with high carbon development be it small or large scale could one day exist. The premium value of this fee (over and above the normal planning fee) would then be available to fund either direct energy conservation measures or to undertake mitigations initiatives to reduce the Carbon footprint of an area. The introduction of such a levy may also provide an additional incentive to ensure that large scale development is Carbon efficient.
3. CPRW’s attitudes to TAN8
3.1 CPRW has long advocated that the principal rationale for any acceptable renewable energy scheme should be the contribution it makes to the mitigation of Climate change through the reduction of CO2 emissions weighed against the impacts that development has on the site and surroundings in which it is located. Where this balance result in a negative impact such proposals are unacceptable but when clearly positive then schemes should be supported. In our view this judgment therefore requires a fair and equal assessment of all the relevant issues. The two which have not been fully nor fairly embedded into the assessment which underpin the principles of TAN 8 are
the importance of local landscape character
the impacts and displacement effects that energy proposals have on the functional role of the uplands and its ability to be a major repository of carbon.
3.2 In both instances, TAN 8 encourages industrial scale onshore wind schemes which not only create massive cumulative visual impacts to significant areas of the landscape, but in addition increasingly threaten to disrupt the buffering capacity of the sequestered carbon they store, either as reserves of organic peat or as timber on the Assembly owned forestry estate. Failure to account for these issues in TAN 8 is unacceptable.
3.2 CPRW has also always believed that the approach taken in TAN 8 to "designate” and give preferential advantage to industrial scale onshore wind schemes in certain areas of Wales, was not only inappropriately conceived but also scientifically unsound. We remain of that opinion and that the guidance TAN 8 provides not only lacks methodical rigour but recent experience in using it, is increasing demonstrating that its practical legitimacy is being exposed as a result of its inherent inadequacies.
3.3 The changing nature of the industry has amply illustrated that the principles upon which TAN 8 was based were inadequately researched, are now out of date and as a result are completely untenable. Since TAN 8 was introduced it is clear that
Onshore wind turbines have become significantly larger than those being used five years ago. As a result schemes in upland areas now have considerably greater individual and cumulative visual and environmental impact on the areas within and around which they are located.
The true landscape character and value of most of rural Wales was totally undervalued in the initial scoping and impact assessment exercises which informed the content of TAN8 and hence the affect that major industrial developments would have on them, was inadequately appraised and misjudged
The issues and impacts of accessing and servicing remote upland sites were grossly misunderstood. As turbines have increased in size these access and transportation issues have become compounded and the impacts on rural road networks have disproportionately increased.
The implications of disturbing upland areas with high sequestrated carbon resources were not accounted for at all.
The capacity limitations of the existing energy transmission systems and the wastage associated with conveying energy long distances from remote upland areas into the National Grid network were never properly considered nor adequately factored into the SSA site selection process.
Rather than engaging communities of interests in helping to achieve Wales’ renewable energy ambitions, the promotion of industrial scale wind farms has been highly controversial, derisive and split rural communities.
3.4 In totality the logic which justified the use of remote upland areas for industrial scale energy generation has been demonstrated to be both impractical and unsound. The recent conclusions of a Planning Inquiry to uphold a Local Planning Authority’s refusal to grant consent for a wind farm development within an SSA because of the significance of its impact on the local landscape in which it was situated, bears full testimony to our conclusions.
3.6 CPRW therefore remains firmly of the opinion that large scale industrial wind farms are not compatible with the intimate nature and diverse character of the landscapes of Wales and their impact rather than getting less will increase as the size of turbines and their area of visual influence increases.
3.7 All these disadvantages coupled with the poor efficiency of on shore wind as a renewable energy technology mean that industrial scale wind generation in our view and many others, not only represents poor value for money but more importantly are having little more than a miniscule affect in reducing CO2 emissions in Wales.
3.8 CPRW therefore contends that a radical review of those parts of TAN 8 which provide guidance for the development of industrial scale on shore wind farms should be undertaken as a matter of urgency.
CPRW recommends that the Sustainability Committee recommends that given the deficiencies of TAN 8, the Assembly Government reviews its principles as a matter of urgency.
3.9 Whilst criticising the current content of TAN 8, CPRW is however of the view that such planning guidance can and should work but will only do so if…
It is accepted that it should be radically reviewed because it is failing to deliver both for the industry or the environment.
The inherently controversial presumption in favour of industrial scale wind power schemes in ring fenced Strategic Search Areas is abandoned
The full range of measures which contribute to the improved management of energy, in particular planning initiatives which promote consumer led energy efficiency and energy conservation need to be incorporated into it.
It takes a long term view rather than a short term target driven approach
It gives priority to the promoting the most environmentally and carbon neutral forms of renewable energy production.
That greater emphasis is placed on local/ community and domestic scale energy generation rather than major industrial scale energy schemes
That priority is given to creating opportunities to generating renewable energy on industrial areas close to the centres of demand for energy in urban areas.
3.10 We believe that the planning regime in Wales can be adapted to encourage this approach, which in time will prove more democratically equitable than the centralised and prescriptive approach which characterises existing TAN 8 guidance.
3.11 By focusing responsibility on the highly populated urban areas, large energy users and those not prepared to use energy responsibly; the burden of responsibility is more appropriately apportioned. We believe that such an approach is not only totally consistent with the polluter pays principles but reflects the rationale of the Assembly’s recently reviewed Environment Strategy and the spirit of the Assembly’s forthcoming new Sustainable Development Scheme. We feel confident that planning system in Wales can meet these challenges.
Peter Ogden
Director
CPRW
