Letter from Aaron & Partners to Powys County Council dated ...... · Aaron & Partners LLP is a...

APPENDIX 1

Letter from Aaron & Partners to Powys County Council

dated 23rd January 2015

AARON~ARTNERS LLP

SOLICITORS

Jayne Foxley Interim Planning Solicitor Corporate Legal

Our Ref: DAH.CPR.KM.MYN1.1

Your Ref:

Powys County Council County Office Llandrindod Wells LD15LG

By email: [email protected]

Dear Ms Foxley

Mynydd y Gwynt Ltd - Public Rights of Way ("PROW")

1. We write regarding the above matter.

Date: 23 January 2015

2. Having considered the Council's written representation and local impact report, we do not agree with the Council's position in relation to PROW, for the reasons set out in detail in our client's written representation and Deadline III submission documents.

3. Although for those reasons our client is under no obligation to do so, it has reassessed what steps could be taken to meet the Council's concerns and has decided to:

3.1 Offer permissive rights of way so that walkers and horse riders have the opportunity to use a different route which will not pass as close to the turbines. We confirm that both the PROW and the permissive rights of way will remain open throughout the life of the wind farm. Whilst the suggested permissive rights of way do not always maintain a separation distance of 125m/200m to footpaths and bridleways, given the nature of the land this is the best alternative that can be offered. Details of the permissive rights of way are shown on figure 8.10c (attached) .

3.2 Offer the use of an existing surfaced area, on private land to the north of the A44 and immediately to the north of the existing farm yard, as a car park for horse riders. The Council had previously raised an issue with the location of the proposed car park so this has been moved to meet that concern. The location of the proposed car park is shown on figure 8.49b (attached) ,

4. The remainder of the issues that the Council has raised in relation to PROW have been dealt with in the Deadline III submission document.

5. We hope that, following the measures proposed by our client and the contents of our Deadline III submission , the Council is now satisfied that the PROW running through the Site will not be

Grosvenor Court, Foregate Street, Chester CH 1 1 HG Tel : 01244 405555 Fax: 01244405566 DX: 19990 Chester Web: www.aaronandpartners.com

Offices also at Shrewsbury and Manchester

Authorised and regulated by the Solicitors Regulation Authority. A full list of members is available at the registered office. Aaron & Partners LLP is a limited liability partnership registered in England & Wales under Registration Number OC307122. Registered office: Grosvenor Court, Foregate Street, Chester, CH1 1 HG. Service by fax and email not accepted.

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2

significantly affected by the proposed development. Please advise whether the Council considers the matter of PROW to remain in dispute.

6. Once the Council has considered the matter, please provide us with an updated statement of common ground that either states that the matter is no longer in dispute, or that details the areas of agreement/disagreement in light of this letter, its attachments, our client's written representation and our client's Deadline III document.

Yours sincerely,

Aaron and Partners LLP

E-mail: [email protected] Direct Dial : 01244405410

APPENDIX 2

Figures 8.10c and 8.49b submitted to Powys County Council

dated 26th January

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139

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47

1 2

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56

7 10

1112

14

17

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22 24

13

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23

9

27

Ordnance Survey data © Crown copyright and database right 2014

282000

282000

284000

284000

2840

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2840

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2860

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2860

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Produced by ADAS Environment Group, Wolverhampton. WV9 5AP.

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Mynydd y GwyntProposed Wind Farm

ADAS UK Ltd, Pendeford House,Pendeford Buisness Park, Wobaston Road,Pendeford, Wolverhampton, WV9 5AP.Tel: +44(0)1902 271300, Fax: +44(0)1902 785574

Figure 8.10c

Yn seiliedig ar fap digidol 1:10000 gyda chaniated yr arolwg ordnans ar ranRheolydd Llyrfa ei Mawrhydi. Hawlfraint y Goron.

Mynydd y Gwynt trwydded CCC. 100043438Based on digital 1:10000 map by permission of Ordnance Survey on behalf of the

Controller of Her Majesty's Stationery Office. © Crown copyright. All rights reserved.Mynydd y Gwynt Licence No 100043438 January 2015

For reference purposes only. No further copies may be made

Produced by Andy Frost 16/01/2015, Verified by Nisha Rehm 16/01/2015

Proposed Alterations toPublic Rights of Way

Scale 1:15,000 at A3 size

0 0.25 0.5 0.75 1

Kilometres

Application area! Proposed turbines

125m turbine radius(based on blade tip height)

200m turbine radiusBridlewayProposed permissive bridlewayPublic footpathProposed permissive footpathOpen access

1

A44 A44

283000

283000

283500

283500

284000

284000

284500

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285500

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Mynydd y Gwynt Proposed Wind FarmLocation of Car Park for Horse Riders

Figure 8.49b

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Controller of Her Majesty's Stationery Office. © Crown copyright. All rights reserved.Mynydd y Gwynt Licence No 100043438 January 2015



0 100 200 300 400 500

Metres

Application areaHorse riders car park

APPENDIX 3

Email from Clive Callister including Figures 8.49c and 8.10d

dated 11th February 2015

1

Nina Davies (CSP - Countryside Services)

From: Clive Callister <[email protected]>

Sent: 11 February 2015 16:15

To: Nina Davies (CSP - Countryside Services)

Subject: MYG PROW

Attachments: MYG-ES-FIG8.49c.pdf; MYG-ES-FIG8.10d.pdf

Follow Up Flag: Follow up

Flag Status: Completed

Dear Nina, my apologies for not being there on Friday, however it sounds like you got a lot sorted with Jonathan.

Here are the new figures showing changes as I think were agreed last week.

We have

1. included a permissive bridleway around the track loop to the west of turbine 1.

2. included a permissive FP up the track from the bridleway to the west of T4, which then cuts back north and

turns east as agreed to cut the middle of the gap between T1 & T4.

3. included a permissive bridleway around the north of turbine 13 (keeping 125m from T13) which links to the

track and then permissive options that either continue on the track round T14 or go cross country south to

keep away from T14 and then follow the ridgeline down towards the Afon Bidno valley bridleway BW49.

This was the best we could do to find a route that is at all passable by horses. Obviously a horse rider with a

very surefooted horse could opt to go back on the official bridleway route.

4. included a new horse riders car park, which is well away from the farm yard. It will be surfaced to be

suitable for horseriders.

You are correct that we have committed to include interpretation boards for the Nantiago mine complex. I have

agreed with WMPT that they will write them and I will pay for them to be printed and installed.

You asked how far the away the bridleway will be from the substation. It will be 10 metres away and the substation

will be securely fenced with palisade fencing. There are no health and safety issues for PROW users passing by

outside of the substation.

All of the official PROW will of course remain open during the construction and operation of the windfarm and we

will agree health and safety access etc with PCC prior to start onsite.

You will have seen Jonathan has already but in the gates on the bridleway and FP by Nant y Gwrdy.

kind regards

Clive Callister Renewable Energy Holdings PLC

T // +44 (0)1624 641199

M // +44 (0)7624 432148

F // +44 (0)845 527 9651

E // [email protected]

W // www.reh-plc.com

A44 A44

283000

283000

283500

283500

284000

284000

284500

284500

285000

285000

285500

285500

2820

00

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2830

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2835

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Mynydd y Gwynt Proposed Wind FarmLocation of Car Park for Horse Riders

Figure 8.49c

-




Controller of Her Majesty's Stationery Office. © Crown copyright. All rights reserved.Mynydd y Gwynt Licence No 100043438 February 2015



0 100 200 300 400 500

Metres

Application areaHorse riders car park

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!!

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64

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49

139

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7 1011

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282000

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Mynydd y GwyntProposed Wind Farm

ADAS UK Ltd, Pendeford House,Pendeford Buisness Park, Wobaston Road,Pendeford, Wolverhampton, WV9 5AP.Tel: +44(0)1902 271300, Fax: +44(0)1902 785574

Figure 8.10d



Controller of Her Majesty's Stationery Office. © Crown copyright. All rights reserved.Mynydd y Gwynt Licence No 100043438 February 2015


Produced by Andy Frost 11/02/2015, Verified by Nisha Rehm 11/02/2015

Proposed Alterations toPublic Rights of Way


0 0.25 0.5 0.75 1

Kilometres

Application area! Proposed turbines

125m turbine radius(based on blade tip height)

200m turbine radiusBridlewayProposed permissive bridlewayPublic footpathProposed permissive footpathOpen access

1

APPENDIX 4

Email from Clive Callister responding to PCC questions

dated 13th February 2015

1

Nina Davies (CSP - Countryside Services)

From: Clive Callister <[email protected]>



Cc: Jayne Foxley (CSP - Corporate Legal); Andrew Metcalfe; David Harries; Claire Riding

Subject: RE: MYG PROW

Follow Up Flag: Follow up

Flag Status: Completed

Hi Nina, please find below my answers in bold to each of your questions. I am happy to have a chat on the phone if

it helps to clear anything up.

1. What are the dimensions of the proposed car park?

30m long and 12m wide, lying alongside the track so there will be adequate space for horseboxes or trailers to

turn around. It should be possible to get 3-5 horseboxes in depending on how carefully they park.

2. What surface is being proposed for the car park?

We suggest the car park surface will be a hardcore (crushed stone) surface, similar to the tracks so it will be

suitable for horses.

3. Will the car park be fenced and gated?

The car park will be D rail fenced along the riverside and the two adjoining ends. It will be open to the track to

allow for vehicular turning.

4. What signage will there be from the roadside, through the farm buildings and at the car park?

What do you advise? Something like ‘Horse riders vehicle park this way. £5 parking fee’ with an arrow. There

would also be some health and safety notices about parking at owners risk, driving slowly and carefully

through a working farmyard and to watch out for walkers, cyclists, sheepdogs, farm workers and moving

farm machinery.

5. Who will be able to use the car park? I see reference to a horse riders car park, would walkers and cyclists

be able to use it? If not, why not?

No only horse riders! This is a reluctant concession to the horse riders recognising the particular difficulties

they face crossing the road. Fundamentally the landowners remain opposed to public vehicular traffic

moving through their busy farmyard. They do not want the responsibility and the increased risks that

come from increased vehicular traffic. They are prepared to allow parking in the private carpark on the

south side of the road available to walkers and cyclists for £5 also (this is the same fee charged by NRW

and Eisteddfa Gurig for parking and is towards maintaining the car parking areas).

6. Are you proposing to do any surfacing or improvement works to the proposed permissive routes?

Only signage and necessary furniture as surfacing would not be approved by NRW. In fact FP47 and BW49

(apart from the section past turbine 13) are on medium or high constraint constrained land already. The

permissive routes proposed are close to the official bridleways and each are of similar habitats to the

official routes currently.

7. Will you confirm that all costs with signing and supplying appropriate furniture for the permissive routes be

met by the applicant? (Signage as approved by Countryside Services and furniture meeting British Standards

for public rights of way)

Yes

8. Please could I have a response regarding the request for the Access Improvement Fund. We have agreed

such funds with other wind farm applications. Any community benefit funds and business rates are not of

relevance.

Please provide justification for the requesting the Access Improvement Fund. Our understanding is the funds

would not be spent on the site itself and PCC can’t even supply a list of schemes for which the funds

would be utilised. Unlike other wind farm applications in state owned forestry these landowners do not

have a core purpose to encourage public access to their land. However if Powys withdraw all their

objections to the application we would be content to remit the fee.

2

kind regards


T // +44 (0)1624 641199

M // +44 (0)7624 432148

F // +44 (0)845 527 9651



From: Nina Davies (CSP - Countryside Services) [mailto:[email protected]]


To: Clive Callister Cc: Jayne Foxley (CSP - Corporate Legal); Andrew Metcalfe

Subject: RE: MYG PROW

Hi Clive,

Thank you for this information. Could you also please let me know the following:-

1. What are the dimensions of the proposed car park?

2. What surface is being proposed for the car park?

3. Will the car park be fenced and gated?

4. What signage will there be from the roadside, through the farm buildings and at the car park?

5. Who will be able to use the car park? I see reference to a horse riders car park, would walkers and cyclists

be able to use it? If not, why not?

6. Are you proposing to do any surfacing or improvement works to the proposed permissive routes?

7. Will you confirm that all costs with signing and supplying appropriate furniture for the permissive routes be

met by the applicant? (Signage as approved by Countryside Services and furniture meeting British Standards

for public rights of way)

8. Please could I have a response regarding the request for the Access Improvement Fund. We have agreed

such funds with other wind farm applications. Any community benefit funds and business rates are not of

relevance.

Many thanks,

Nina

From: Clive Callister [mailto:[email protected]]



Subject: MYG PROW

Dear Nina, my apologies for not being there on Friday, however it sounds like you got a lot sorted with Jonathan.

Here are the new figures showing changes as I think were agreed last week.

We have

1. included a permissive bridleway around the track loop to the west of turbine 1.

2. included a permissive FP up the track from the bridleway to the west of T4, which then cuts back north and

turns east as agreed to cut the middle of the gap between T1 & T4.

3. included a permissive bridleway around the north of turbine 13 (keeping 125m from T13) which links to the

track and then permissive options that either continue on the track round T14 or go cross country south to

3

keep away from T14 and then follow the ridgeline down towards the Afon Bidno valley bridleway BW49.

This was the best we could do to find a route that is at all passable by horses. Obviously a horse rider with a

very surefooted horse could opt to go back on the official bridleway route.

4. included a new horse riders car park, which is well away from the farm yard. It will be surfaced to be

suitable for horseriders.

You are correct that we have committed to include interpretation boards for the Nantiago mine complex. I have

agreed with WMPT that they will write them and I will pay for them to be printed and installed.

You asked how far the away the bridleway will be from the substation. It will be 10 metres away and the substation

will be securely fenced with palisade fencing. There are no health and safety issues for PROW users passing by

outside of the substation.

All of the official PROW will of course remain open during the construction and operation of the windfarm and we

will agree health and safety access etc with PCC prior to start onsite.

You will have seen Jonathan has already but in the gates on the bridleway and FP by Nant y Gwrdy.

kind regards


T // +44 (0)1624 641199

M // +44 (0)7624 432148

F // +44 (0)845 527 9651



Mae'r e bost hwn ac unrhyw atodiad iddo yn gyfrinachol ac fe'i bwriedir ar gyfer y sawl a enwir arno yn unig. Gall gynnwys gwybodaeth freintiedig. Os yw wedi eich cyrraedd trwy gamgymeriad ni ellwch ei gopio, ei ddosbarthu na'i ddangos i unrhyw un arall a dylech gysylltu gyda Cyngor Sir Powys ar unwaith. Mae unrhyw gynnwys nad yw'n ymwneud gyda busnes swyddogol Cyngor Sir Powys yn bersonol i'r awdur ac nid yw'n awdurdodedig gan y Cyngor.

This e mail and any attachments are confidential and intended for the named recipient only. The content may contain privileged information. If it has reached you by mistake, you should not copy, distribute or show the content to anyone but should contact Powys County Council at once. Any content that is not pertinent to Powys County Council business is personal to the author, and is not necessarily the view of the Council.

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