Wales Small-Scale Hydro: Permitted Development Rights and Good Practice Guide Michael Phillips Principal Consultant June 2018

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2 Wales Small-Scale Hydro: Permitted Development Rights and Good Practice Guide Michael Phillips Principal Consultant June 2018

3 Passion, People, Planet Contents 1. Research background 2. Research components 3. Recommendations 4. Consultation and programme for PDR introduction 5. Good Practice Guide for Small Scale, Low Risk Hydro

4 Background Wales Hydropower Task and Finish Group est Develop and recommend a package of specific measures to support the hydropower industry in Wales, post FiT Recommendation 3: NRW to look at ways of reducing the complexity of licencing for low risk hydropower schemes. Recommendation 7: investigate if planning application requirements can be simplified for engineering works associated with low risk, small scale hydropower schemes. Dulas commissioned for Research Study to define small-scale low riskcategory to benefit from permitted development rights Study period June October 2017

5 Research Components: Examine the planning impacts associated with permitted development rights; Undertake field research; Conduct stakeholder consultations; and Make recommendations on the potential applicability of permitted development rights

6 Evaluating environmental / planning risks Review of online planning applications for 22 recent hydro schemes last 5 years 10 sites selected for full impact evaluation Main environmental risk components identified as: intake, access track, powerhouse and pipeline Nature /scale of hydro schemes identified that only Negligible or Low impacts were predicted in planning documents Risks highly dependent upon construction practices

7 Field Research Field research: 14 medium and high head schemes ranging from less than 1kW up to 100kW Majority of schemes operational, three were under construction Low head schemes excluded Evaluate construction practices / operational parameters of hydro schemes Deduce examples of good and bad practice = recommendations

8 Stakeholder Consultations (1) With relevant organisations, including hydro developers, regulators and planning authorities, July to mid-august 2017 To seek views and understand likely support for potential small scale hydro permitted development rights 45 organisations contacted Responses from 30 organisations received, including 7 planning authorities An opportunity to learn from consultees how permitted rights may be applied in practice: capacity thresholds OR planning aspects

9 Stakeholder Consultations (2) Majority of respondents (80%) in support of PDR Slight majority of planning authorities (4 of 7) were not supportive Just less than 75% believed that the introduction of PDR would pave the way to more schemes, despite the recent changes in subsidy support Majority of planning authorities (5 of 7) did not agree, citing other developments costs as being a prohibitive factor outweighing planning costs Developer network conversely felt that planning requirements were a barrier to more small scale schemes 80% of respondents believed that PDR should apply to both domestic and non-domestic users (17% not responding). Clear bias in support of uninhibited rights to both users

10 Stakeholder Consultations (3) No clear consensus on the capacity of scheme that should fall under PDR: anything from 5kW 100kW suggested Siting and flow take were identified as more important considerations in apportioning PDR than the installed capacity Majority (70%) stated that the availability of good practice guidance would lead to the sensitive deployment of small scale hydro

11 Recommendations to Welsh Government 3 options presented: Do Nothing with GPG Permitted development rights with an upper capacity Permitted development rights controlled by Planning Aspects (conditions and limitations) i.e. outside SACs, SSSIs, powerhouse location, pipe length, nature of intake structure etc Strong emphasis on Good Practice Guide from all stakeholders to guide low risk hydro development

12 Recommendations on Conditions / Limitations Limitation Outside Natura sites No new permanent metalled tracks Prefabricated intakes OR bedrock concrete Buried header tanks Underground and overground(black only) pipeline permissible Limits to pipeline diameter and length Size of powerhouse <30m2 Outside Flood Risk Zone 3 Outside curtilage of List Building and several more Powerhouse > 125m from residences

13 Welsh Government Consultation and Programme January 2018, Cabinet Secretary approved the publication of the Hydropower Permitted Development Rights research Consultation on changes to PDR (including changes to solar and hydro power and telecoms infrastructure) now available to view on the Welsh Government website: 12 week consultation period June August 2018 Potential introduction of PDR for small-scale hydro by end 2018?

14 Good Practice Guide WG side contract to prepare a Small Hydro Good Practice guide Focus on design considerations and construction practices Consultation on Guide likely September 2018 To be issued with PDR legislation

15 10 awards and 12 short-listings over the past two years