Advice to BNP Paribas Real Estate UK

Enquiry

• From: BNP Paribas Real Estate UK
• Date advice given: 20 February 2013
• Enquiry type: Phone

BNP Paribas on behalf of Royal Mail enquired about Onshore Windfarm applications in Wales and possible impacts on the road network.

The Planning Inspectorate's reply was by email.

Advice given

Thank you for your telephone enquiry on 18 February 2013 regarding your client Royal Mail and their concerns about the possible impacts on traffic and transport caused by the consenting of multiple Onshore Windfarms in Wales.

As you maybe aware, the relevant Secretary of State as decision maker for Nationally Significant Infrastructure Projects (NSIPs) in England and Wales has to have regard to National Policy Statements (NPS) that have been designated by Parliament. The Planning Act 2008 (as amended by the Localism Act 2011) makes reference to NPSs and Local Impact Reports to address the planning policy context and then take into consideration matters that are relevant and important in the decision making process, which may include Welsh national planning policy and guidance as well as Local Development Plans. In Wales, associated development cannot be consented by the Secretary of State except in limited circumstances but all cumulative development needs to be considered and assessed. In regard to possible impacts on traffic and transport caused by Onshore Windfarms, I refer you to Section 5.13 on the generic traffic and transport impacts within the Overarching NPS for Energy (EN-1), but more specifically paragraphs 2.7.73 through to 2.7.83 of the NPS for Renewable Energy Infrastructure (EN-3). EN-3 sets-out the responsibilities placed on the applicant to assess, amongst other matters: the possible routes for delivering materials and components to the application site and any likely impacts additional vehicles may have on the local road network; that the Environmental Statement (ES) should assess whether the access roads are suitable for delivering such materials and any modifications that may be needed to facilitate the transportation of components and any potential effects; and where ‘a cumulative impact is likely’ owing to a number of Onshore Windfarms being built, ‘then a cumulative transport assessment should form part of the EIA to consider the impacts of abnormal traffic movements relating to the project in question in combination with those from any other relevant development.’ In the case of the latter, the applicant should undertake consultation with the relevant local highways authorities.

NPS EN-3 states that the decision maker should be satisfied, taking into account the views of the relevant local highway authorities, ‘that abnormal loads can be safely transported in a way that minimises inconvenience to other road users and that the environmental effects of this and other construction traffic, after mitigation, are acceptable’. The NPS considers that, once Onshore Windfarms are operational, the impacts on roads should be of a level that would not prevent an application from receiving consent.

In terms of assessing the possible impacts on the local road network, the NPS designates that it is the responsibility of the decision-maker (Secretary of State) to consider these issues. In this regard, the Welsh Assembly or Local Planning Authority is not responsible for monitoring the local road network but may contribute representations as prescribed consultees as part of the application process. In the event of multiple Onshore Windfarms being consented, NPS EN-3 suggests that applicants of various projects should work together in considering appropriate mitigation measures. The highways authority may also request that the relevant Secretary of State impose controls on the number of vehicle movements to and from the wind farm site in a specified period during its construction, as well as the routing of heavy vehicles, or the highways authority may introduce its own limitations on deliveries.

Lastly, for Offshore Windfarms, the leasing of sites within designated zones for Round 3 NSIPs is controlled by the Crown Estate. Mitigation and assessment of impacts for Offshore Windfarms, including grid connection and the building of substations, is covered separately within NPS EN-3. I advise that you read EN-3 and, should you have any questions about Offshore Windfarms, to contact us again.

For further information, please see the link to the National Policy Statements page on the planning portal: http://infrastructure.planningportal.gov.uk/legislation-and-advice/national-policy-statements/