Morfa Pingett Solar Farm

Report to Inform Habitats Regulations Assessment (HRA)

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Issuing office Merlin House | No 1 Langstone Business Park | Newport | NP18 2HJ

T: 01633 509000 | W: www.bsg-ecology.com | E: info@bsg-ecology.com

Client Richard Thomas and Co (Hydro) Ltd

Project Morfa Pingett. Report to Inform Habitats Regulations Assessment (HRA)

Version FINAL

Project number P19-141

Name Position Date

Originated Gareth Lang Senior Ecologist 12 July 2019

Reviewed Owain Gabb Partner 18 July 2019

Approved for issue to client

Owain Gabb Partner 18 July 2019

Draft issued to client for comment

Gareth Lang Senior Ecologist 18 July 2019

Issued as final Gareth Lang Senior Ecologist 12 August 2019

Disclaimer

This report is issued to the client for their sole use and for the intended purpose as stated in the agreement between the client and BSG Ecology under which this work was completed, or else as set out within this report. This report may not be relied upon by any other party without the express written agreement of BSG Ecology. The use of this report by unauthorised third parties is at their own risk and BSG Ecology accepts no duty of care to any such third party.

BSG Ecology has exercised due care in preparing this report. It has not, unless specifically stated, independently verified information provided by others. No other warranty, express or implied, is made in relation to the content of this report and BSG Ecology assumes no liability for any loss resulting from errors, omissions or misrepresentation made by others.

Any recommendation, opinion or finding stated in this report is based on circumstances and facts as they existed at the time that BSG Ecology performed the work. The content of this report has been provided in accordance with the provisions of the CIEEM Code of Professional Conduct. BSG Ecology works where appropriate to the scope of our brief, to the principles and requirements of British Standard BS42020.

Nothing in this report constitutes legal opinion. If legal opinion is required the advice of a qualified legal professional should be secured. Observations relating to the state of built structures or trees have been made from an ecological point of view and, unless stated otherwise, do not constitute structural or arboricultural advice.

Derbyshire Oxford Newcastle Newport Swansea Cambridge | BSG Ecology is a trading name of Baker Shepherd Gillespie LLP

Registered in: England and Wales | No. OC328772 | Registered address: Merlin House No1 Langstone Business Park Newport, NP18 2HJ

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Contents

1 Introduction .................................................................................................................................................... 2

2 Habitats Regulations Assessment ................................................................................................................. 3

3 Scope of the Assessment .............................................................................................................................. 6

4 Qualifying Features and Conservation Objectives of the European Sites .................................................... 8

5 Baseline Information .................................................................................................................................... 11

6 Stage 1: Identification of Likely Significant Effects ...................................................................................... 12

7 Stage 2: Appropriate Assessment ............................................................................................................... 15

8 Conclusion ................................................................................................................................................... 18

9 References .................................................................................................................................................. 19

10 Figures ......................................................................................................................................................... 20

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1 Introduction

Project Description

1.1 Richard Thomas and Co (Hydro) Ltd proposes to construct a 1.6 MW capacity solar farm and ancillary office and manager's accommodation at Morfa Pingett, Pinged, Carmarthenshire. The solar farm will include 152 pile-mounted frames holding 4256 photovoltaic panels and a substation (accommodating inverters, transformers and switchgear) to be installed on a 3 m x 2 m concreted pad at the site access. The grid connection will be via an extant underground 11 kV power line adjacent to the Site.

1.2 The ancillary office space and accommodation will be constructed on the existing footprint of a recently demolished building, and will be one and a half storeys not exceeding 7 m in height. The building is proposed to be of sustainable oak timber construction.

1.3 The Construction Phase is anticipated to span 6 – 12 weeks. The operational life of the solar farm will be 35 years.

Site Description and Context

1.4 The Site boundary is contained within a semi-improved neutral grassland field, bounded by scattered trees, defunct hedges, and dry ditches. The land within the proprietorship of the applicant (defined by the blue line boundary in Figure 1) is approximately 8.5 ha in total extent, and is characterised by common reed Phragmites australis and sea club-rush Bolboschoenus maritimus beds, with scattered new tree planting and a network of ditches. The local landscape is a mosaic of agriculturally improved pasture with marshier areas and scattered scrub. An area of mud-flats forming the Gwendraith Fawr estuary, part of the Carmarthenshire Bay and Estuaries Special Area of Conservation (SAC) is 150 m west of the Site. The Carmarthen Bay Special Protection Area (SPA) is located approximately 5.5 km south and west of the Site.

1.5 The Site boundary is presented in Figure 1. The proposed development layout is presented in Figure 2.

Aims

1.6 The aim of this report is to provide the basis for informing decision-making by the competent authority with regard to the proposals.

Consultation

1.7 A pre-planning discretionary advice request was made to Natural Resources Wales (NRW) on 21 September 2018. NRW highlighted the presence of European sites locally, and indicated that a test of likely significant effects would be required to inform a planning application.

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2 Habitats Regulations Assessment

Legislation

2.1 The Conservation of Habitats and Species Regulations 2017, referred to as the ‘Habitats Regulations,’ transpose the requirements of the European Birds and Habitats Directives

1 into UK

legislation.

2.2 The Birds Directive aims to protect rare and vulnerable birds and the habitats that they depend upon. This is achieved in part through the classification of Special Protection Areas (SPAs).

2.3 The Habitats Directive aims to protect plants, habitats and animals other than birds. This is achieved in part through the creation of Special Areas of Conservation (SACs).

2.4 Article 6(1) and (2) of the Habitats Directive require that Member States establish management measures for these areas, to avoid deterioration of their ecological interest. SPAs and SACs are collectively referred to as ‘European sites.’

Habitats Regulations Assessment Process

2.5 The requirements of the Habitats Regulations with regard to the implications of plans or projects are set out within Regulation 63. The step-based approach implicit within this Regulation is referred to as a ‘Habitats Regulations Assessment’, which is the term that has been used throughout this report.

2.6 It is incumbent on the competent authority, which is any public authority with responsibility for consenting or authorising work, to carry out a Habitats Regulations Assessment where they are proposing to carry out a project, implement a plan or authorise another party to do so. Competent authorities are required to record the process undertaken, and only agree to the plan or project if it has been determined that there will be no adverse effects on the integrity of any European site as a result of that plan or project whether alone or in combination with other plans or projects.

2.7 In exceptional circumstances, a plan or project may be allowed to go ahead following a negative assessment, provided there are a) no alternative solutions and b) the plan or project is considered to be justified for imperative reasons of overriding public interest (IROPI). In such cases the competent authority must take appropriate compensatory measures to ensure that the overall coherence of the network of European Sites is protected. IROPI is considered unlikely to apply to the current proposal.

2.8 The Habitats Regulations are applicable to the construction of a solar farm at Morfa Pingett as the proposal has the potential to have an effect on a European site.

Assessment Stages

2.9 The European Commission has developed guidance in relation to Articles 6(3) and 6(4) of the Habitats Directive

2. This recommends a four-stage approach to addressing the requirements of

these Articles. The assessment methodology set out below has had regard to this guidance; this HRA report should therefore meet the requirements of the Habitats Directive.

Stage 1 - Screening

2.10 This stage identifies the likely effects of the proposed development on the qualifying features (species and habitats) of any European site, either alone or in combination with other plans or

1 Council Directive on the conservation of natural habitats and of wild fauna and flora of 21st May 1992 (92/43/EEC) and Council

Directive on the conservation of wild birds of 2nd April 1979 (70/409/EEC) consolidated by the Birds Directive 2009 (2009/147/EC). 2 European Commission (2001). Assessment of plans and projects significantly affecting Natura 2000 sites. Methodological guidance on

the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC. Published November 2001.

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projects. Specifically, this stage considers whether these effects are likely to be significant with regard to the conservation objectives of the European sites. The development will require ‘appropriate assessment’ (Stage 2) if it is considered that it is likely to have (i.e. it risks) a significant effect on a European site. A significant effect is one which undermines the conservation objectives of that site.

2.11 Stage 1 can be sub-divided as follows:

Stage 1A: The identification of those European sites that are relevant to the assessment, which may include sites located within the project area but may also include sites located in neighbouring authority areas. This process also includes the analysis of information relating to these European sites, in particular the reasons for their designation (qualifying features), factors affecting their integrity and trends affecting them.

Stage 1B: The identification of underlying trends, i.e. external influences such as climate change, which could affect the integrity of European sites.

Stage 1C: The analysis of the proposed development to determine whether it is likely to have a significant effect on any European site.

Stage 1D: The identification of other plans and projects that, when considered in-combination with the proposed development, are likely to result in a significant effect on any European site.

Stage 2 – Appropriate Assessment

2.12 If it is considered that a plan or project is likely to have a significant effect on a European site (as explained above), the requirements of Stage 2 are triggered. This stage considers the effects of the proposed development on the integrity of a European site, alone or in combination with other plans or projects. The assessment should consider the implications for the European site in view of the site's conservation objectives. If adverse effects are identified or may arise, this assessment should also consider measures to mitigate the identified effects. This assessment may not have unreasonable gaps in evidence and must contain complete, precise and definitive findings capable of removing all reasonable scientific doubt as to the effects of the proposed works on the protected area concerned. All aspects of the project which can, by themselves or in combination with other plans or projects, affect the conservation objectives of that area must be identified in the light of the best scientific knowledge available in the field.

2.13 Consent may then only be granted for the project (without resort to Stages 3 and 4) if the competent authority is convinced of the absence of adverse effects of the project (whether alone or in combination with other plans or projects) on the integrity of all European sites. If mitigation is not possible and adverse effects on a European site’s integrity remain or there is a risk that they remain, then the process must proceed to Stage 3.

Stage 3 – Assessment of alternative solutions

2.14 If the risk of adverse impacts cannot be ruled out (e.g. it is not possible to fully mitigate the impacts), this stage requires examination of alternative ways of achieving the objectives of the plan or project that avoid or reduce adverse impacts on the integrity of a European site. Consent can only be granted where there is no alternative solution and where the further Stage 4 is addressed.

Stage 4 – Assessment where no alternative solutions exist and where adverse impacts remain

2.15 This stage requires and assesses compensatory measures but only where it is first deemed that the project or plan must proceed for Imperative Reasons of Overriding Public Interest (IROPI).

Mitigation Hierarchy

2.16 Within these various stages the Habitats Directive promotes the adoption of a hierarchy of avoidance followed by mitigation and ultimately compensation. Consequently, the first step is to ensure that the proposed development avoids negative impacts on European sites. If potential

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negative impacts are identified and avoidance is not feasible, then mitigation measures need to be applied such that no adverse effect on the integrity of any European site arises.

2.17 If impacts cannot be fully mitigated then the plan or project should either be rejected or taken forward to Stages 3 and 4, at which point compensatory measures can be considered.

Case Law

2.18 A recent HRA judgment released from the Court of Justice of the European Union (People Over Wind and Sweetman, 12 April 2018, C-323/17)) has provided clarification as to when avoidance or reduction (i.e. mitigation) measures can be considered within the HRA process. The summary for the case is:

2.19 “In the light of all the foregoing considerations, the answer to the question referred is that Article 6(3) of the Habitats Directive must be interpreted as meaning that, in order to determine whether it is necessary to carry out, subsequently, an appropriate assessment of the implications, for a site concerned, of a plan or project, it is not appropriate, at the screening stage, to take account of the measures intended to avoid or reduce the harmful effects of the plan or project on that site”.

2.20 This case means that the proponent of a scheme cannot rely on avoidance or reduction measures that allow a conclusion of ‘no likely significant effect’ to be reached: instead it is necessary to accept that there is a ‘likely significant effect’ in the absence of these measures, and move to the next stage, i.e. appropriate assessment, at which point such mitigation measures can be considered.

2.21 Following this decision, the Planning Inspectorate has published PINS NOTE 05/2018. This advises that ‘the implication of the CJEU judgment is that competent authorities cannot take account of any integrated or additional avoidance or reduction measures when considering at the HRA screening stage whether the plan or project is likely to have an adverse effect on a European Site.’

2.22 The advice goes further and states that: ‘If a measure is being introduced to avoid or reduce an effect on a European site then it can be viewed as mitigation.’ ‘[This] can also include ‘embedded mitigation’ such as a commitment within a development proposal to employing standard methods to prevent run-off from vehicles contaminating watercourses’.

2.23 This HRA report takes this advice into account, particularly in relation to recommendations made within the Habitat Management Plan (BSG Ecology, 2019) and Landscape and Visual Impact Appraisal (Mackley Davies Associates Ltd, 2019) where these are for the specific purpose of mitigating ecological impacts.

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3 Scope of the Assessment

3.1 There are no standard criteria for determining the spatial scope of an HRA. The decision to include or exclude European sites from an assessment needs to be supported by application of the source-pathway-receptor model, which highlights whether there is any potential pathway that connects the plan or project to any European sites.

3.2 In this case the spatial scope of the assessment has been informed and refined by identifying the impacts that could potentially arise as a result of the scheme, assessing the spatial and temporal scope of these impacts and understanding the effects on sensitive receptors that might arise.

Potential Impact Mechanisms

3.3 The proposed development will require a construction footprint of 2.5 ha. The solar panels will be mounted on pile-driven frames which will result in a minimal operational footprint. The grid connection cable will follow an existing road verge to connect to a 11 kV power line adjacent to the site.

3.4 The following may result in effects on European sites during the construction and operational phases of development.

Damage and/or degradation of habitats through pollution or mobilisation of sediment into watercourses. Impacts could occur during construction (e.g. as a result of plant working) or operation (as a result of vehicular presence during maintenance work).

Increased rates of visual, vibration or noise disturbance affecting qualifying species during construction and decommission,

Loss of supporting habitat for qualifying species during operation.

3.5 The zone of influence of the scheme will be very localised. In the absence of mitigation, the risk of pollution or sedimentation impacts on watercourses are low. The Site is approximately 40 m distant from the nearest stream holding flowing water, at a point approximately 650 m downstream of a major watercourse, the Gwendraith Fawr, which has a channel of approximately 10 m in width and is bounded by a series of pasture fields, scrub and marshy grassland. Disturbance effects are likely to be temporary in nature and limited to common species of passerine, reptiles, amphibians and mammals such as otter (based on survey, desk study and assessment of habitat quality).

Identification of relevant European Sites

3.6 Due to the limited likely zone of influence of the development, this report considers impacts on European sites within 2 km of the Site, namely:

The Carmarthen Bay and Estuaries Special Area of Conservation (SAC), which is within 110 m (west) of the Site.

3.7 Four additional European sites are within 10 km of the Site. These are:

The Carmarthen Bay Dunes SAC (approximately 3.9 km west of the Site)

The Carmarthen Bay Special Protection Area (SPA) (approximately 4.6 km south of the Site)

The Bristol Channel Approaches SAC, (approximately 4.6 km west of the Site)

The Burry Inlet SPA, (approximately 5.3 km south-west of the Site).

3.8 Carmarthen Bay and Estuaries SAC is designated for its sandbank, estuary, mudflat, and sandflats habitats, as well as for its populations of twaite shad Alosa fallax, sea lamprey Petromyzon marinus, river lamprey Lampetra fluviatilis, allis shad Alosa alosa, and otter Lutra lutra. Due to the proximity of the Site to the SAC, potential impacts on designated habitats or species could occur as a result of the proposed development. Therefore, further consideration of this European site is necessary.

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3.9 The Carmarthen Bay Dunes SAC is designated for its dune habitats, and the presence of fen orchid Liparis loeselii, petalwort Petalophyllum ralfsii and narrow-mouthed whorl snail Vertigo angustior. The Bristol Channel Approaches SAC is designated for harbour porpoise Phocoena phocoena. Given their physical distance from the Site (>2 km), and absence of an apparent effect pathway, significant impacts resulting from the proposals are unlikely and further consideration of these sites under the Habitats Regulations is therefore not required.

3.10 The Carmarthen Bay SPA is classified for its wintering population of common scoter Melanitta nigra. The species’ breeding range in the UK is restricted to the Flow Country, larger lochs of Scotland and scattered loughs of western Ireland (Balmer et al 2013). During winter, their distribution is predominantly marine, but they do use larger inland waterbodies where food is abundant (Cramp, 1977). The Site does not provide suitable habitat for common scoter, and direct or indirect effects on the SPA population are unlikely to arise as a result of the proposed development. Further consideration of the Carmarthen Bay SPA under the Habitats Regulations is therefore not required.

3.11 The Burry Inlet SPA is classified for its wintering population of oystercatcher Haematopus ostralegus and pintail Anas acuta, and supports an assemblage of at least 20,000 waterfowl. Oystercatcher and pintail are unlikely to occur on the Site. The Site does not provide suitable habitat for pintail as there is an absence of pools, and is unlikely to be frequently visited by oystercatcher given the unmanaged sward. Further consideration of the Burry Inlet SPA under the Habitats Regulations is therefore not required.

3.12 The position of these designated sites in relation to the Site is shown on Figure 3.

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4 Qualifying Features and Conservation Objectives of the European Sites

4.1 In order to determine whether significant effects on the Carmarthen Bay and Estuaries SAC are likely to occur, consideration needs to be given to the qualifying interest features, conservation objectives and current condition of the SAC. It should then be determined whether these features are likely to be affected by the proposed solar farm.

Qualifying features

4.2 The qualifying features of the Carmarthen Bay and Estuaries SAC are its EU Annex I habitats3

including: sandbanks which are slightly covered by sea water all the time; estuaries; mudflats and sandflats not covered by seawater at low tide; large shallow inlets and bays; Salicornia and other annuals colonizing mud and sand; and Atlantic salt meadows (Glauco-Puccinellietalia maritimae). Annex II species for which the SAC is also designated include twaite shad Alosa fallax, sea lamprey Petromyzon marinus, river lamprey Lampetra fluviatilis, allis shad Alosa alosa, and otter Lutra lutra

4.

Conservation Objectives and Vulnerabilities

4.3 The conservation objectives for the Carmarthen Bay and Estuaries SAC are set out in Table 3 and are derived from the SAC review (NRW, 2018).

4.4 Table 3: Conservation objectives for Carmarthen Bay SAC (Source: NRW, 2018)

Habitat features

Range The overall distribution and extent of the habitat features within the site, and each of

their main component parts is stable or increasing

Structure and function The physical biological and chemical structure and functions necessary for the long-

term maintenance and quality of the habitat are not degraded. Important elements

include;

• geology,

• sedimentology,

• geomorphology,

• hydrography and meteorology,

• water and sediment chemistry,

• biological interactions.

This includes a need for nutrient levels in the water column and sediments to be:

• at or below existing statutory guideline concentrations

• within ranges that are not potentially detrimental to the long-term maintenance of

the features species populations, their abundance and range.

Contaminant levels in the water column and sediments derived from human activity to

be:

• at or below existing statutory guideline concentrations

• below levels that would potentially result in increase in contaminant concentrations

within sediments or biota

• below levels potentially detrimental to the long-term maintenance of the feature

species populations, their abundance or range.

3 http://ec.europa.eu/environment/nature/legislation/habitatsdirective/docs/Int_Manual_EU28.pdf

4 http://jncc.defra.gov.uk/protectedsites/sacselection/n2kforms/UK0020020.pdf

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For Atlantic saltmeadows this includes the morphology of the saltmarsh creeks and

pans.

Typical Species The presence, abundance, condition and diversity of typical species is such that habitat

quality is not degraded. Important elements include:

• species richness,

• population structure and dynamics,

• physiological heath,

• reproductive capacity

• recruitment,

• mobility,

• range.

As part of this objective it should be noted that:

• populations of typical species subject to existing commercial fisheries need to be at

an abundance equal to or greater than that required to achieve maximum sustainable

yield and secure in the long term

• the management and control of activities or operations likely to adversely affect the

habitat feature is appropriate for maintaining it in favourable condition and is secure in

the long term.

Species features

Populations The population is maintaining itself on a long-term basis as a viable component of its

natural habitat. Important elements include:

• population size,

• structure, production,

• condition of the species within the site.

As part of this objective it should be noted that;

• Contaminant burdens derived from human activity are below levels that may cause

physiological damage, or immune or reproductive suppression.

Range The species population within the site is such that the natural range of the population is

not being reduced or likely to be reduced for the foreseeable future.

As part of this objective it should be noted that:

• Their range within the SAC and adjacent inter-connected areas is not constrained or

hindered.

• There are appropriate and sufficient food resources within the SAC and beyond.

• The sites and amount of supporting habitat used by these species are accessible and

their extent and quality is stable or increasing.

Supporting habitats and

species

The presence, abundance, condition and diversity of habitats and species required to

support this species is such that the distribution, abundance and populations dynamics

of the species within the site and population beyond the site is stable or increasing.

Important

considerations include;

• distribution,

• extent,

• structure,

• function and quality of habitat,

• prey availability and quality.

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As part of this objective it should be noted that;

• The abundance of prey species subject to existing commercial fisheries needs to be

equal to or greater than that required to achieve maximum sustainable yield and

secure in the long term.

• The management and control of activities or operations likely to adversely affect the

species feature is appropriate for maintaining it in favourable condition and is secure in

the long term.

• Contamination of potential prey species should be below concentrations potentially

harmful to their physiological health.

• Disturbance by human activity is below levels that suppress reproductive success,

physiological health or long-term behaviour.

• For otter there are sufficient sources within the SAC and beyond of high quality

freshwater for drinking and bathing.

4.5 Vulnerabilities of the Carmarthen Bay and Estuaries SAC (noted on the Natura 2000 Data Form for the site) considered of relevance to the proposed solar farm are as follows:

High negative impacts:

Pollution to surface waters

Human induced changes in hydraulic conditions

Other urbanisation, industrial and similar activities

Medium negative impacts:

Changes in abiotic conditions

Marine water pollution

Low negative impacts:

Soil pollution and solid waste (excluding discharges)

Air pollution, air-borne pollutants

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5 Baseline Information

5.1 This section of the report sets out the baseline information collected though desk-based study and Site survey. A key objective of the data collection was to determine the presence of qualifying features of the European site and to identify receptors which might be affected by the project.

5.2 Aderyn Ecology completed an ecological survey and assessment of the Site in 2018 (Aderyn Ecology, 2018). An updated walkover survey was completed by BSG Ecology on 09 May 2019. The 2019 survey aimed to:

Check for evidence of and potential for protected species to occur within the Site,

Identify any changes to the habitats and species present since the 2018 surveys.

5.3 A summary of the 2019 updated ecological data for the Site relevant to the features of the Carmarthen Bay and Estuaries SAC is provided below. Detailed baseline information concerning non-SAC habitats and species is contained within the Aderyn Ecology (2018) report.

Habitats

5.4 The Site and land proprietorship area does not include any habitats for which the Carmarthen Bay and Estuaries SAC is designated.

5.5 The Site is characterised by semi-improved neutral grassland, enclosed by a stock-proof fence. Small areas of scrub and tall ruderal vegetation are present at two discrete locations. A hawthorn Crataegus monogyna dominated tree-line forms the southern boundary of the Site, which widens in the south-eastern corner to form a small copse, supplemented by new tree planting. Scattered alder Alnus glutinosa, grey willow Salix cinerea and hawthorn trees present within a reed bed beyond the western boundary of the Site, within the land ownership boundary. Occasional scattered hawthorn trees are also present immediately beyond the north-western corner of the Site.

5.6 A wet ditch is present along the southern boundary of the Site, and a dry ditch forms the eastern boundary. The land immediately west and north of the Site is characterised by common-reed Phragmites australis dominated swamp.

5.7 There are concrete footings of a recently demolished military barracks in the southern part of the Site near the access point onto the local road network. A brick chimney, approximately 6 m in height remains at the north-western extent of the former building footprint. A Stanton Shelter

5

outbuilding of concrete-slab construction is also present.

Protected Species

Otter

5.8 An old otter spraint was found on a bridge over a reen, approximately 40 m north of the Site during the 2019 survey visit. No evidence of otter was reported by Aderyn Ecology (2018). The ditches within and immediately adjacent to the Site are either too small to support otter for more than occasional use, or are dry for much of the year.

5.9 WWBIC provided nine records of otter within 2 km of the Site and within the last 10 years. The nearest records (dated January 2015) are approximately 300 m south of the Site at a small lake within the Lakelands estate. Two records (dated May and November 2014) are from the Gwendraith Fawr, approximately 450 m north of the Site.

5 A World War II air raid shelter.

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6 Stage 1: Identification of Likely Significant Effects

6.1 The identification of Likely Significant Effects has focussed on the impact mechanisms identified in paragraph 3.4 and which can be summarised as:

Damage and/or degradation of habitats through pollution or mobilisation of sediment into watercourses. Impacts could occur during construction (e.g. as a result of plant working) or operation (as a result of vehicular presence during maintenance work).

Noise, vibration or visual disturbance of otter during construction.

6.2 Loss of supporting habitat for qualifying species is unlikely to occur. There are no SAC habitats present within the Site, and the footprint of the proposed development will be minimal. The proposed solar panels will be pile-driven with no requirement to dig foundations.

6.3 Consequently, this section is primarily concerned with the potential for disturbance to otter and damage to habitats for which the Carmarthen Bay and Estuaries SAC is designated.

Construction Phase Impacts

Overview

6.4 The effects of construction activity during construction of the solar farm will be relatively localised.

6.5 Construction phase impacts on the SAC are likely to be restricted to disturbance of otter and damage / degradation of habitats through pollution events e.g. fuel spillages from plant or other vehicles. Habitats within the Site do not include those for which the SAC was designated and, therefore, other potential impacts are not considered here.

Disturbance to otter

6.6 The nearest watercourse likely to be used by otter is approximately 40 m north of the Site. Survey in 2019 identified an otter sprain on a bridge crossing, and the stream is connected to the Gwendraith Fawr for which there are recent local records of otter presence. The section of this watercourse nearest the Site has a steep bank gradient covered by grasses with little opportunity to provide shelter (such as large cavities, rocks and tree roots) and is, therefore, considered unlikely to provide suitable natal holts. However, otter may use the watercourse for commuting, foraging and resting.

6.7 Otter may also use areas of reed bed for laying up, and may commute along dry ditches and hedgerows adjacent to the Site. However, the reed bed does not provide dense cover and holds very shallow standing water. It is considered unlikely to provide sufficient shelter for holts or rich foraging opportunities.

6.8 Given that otter are unlikely to use the Site or it’s boundary features on a frequent basis, disturbance effects may result in minor and temporary displacement of animals that form part of the SAC population.

Pollution

6.9 The installation of the panels will involve driving of pile foundations without excavation. Minor trenches will be required to route underground cabling from the arrays to the substation, and from the substation to the grid connection along an existing C road verge. In addition, the nearest watercourse to the Site is approximately 40 m distant at its nearest point. The SAC is a further 690 m along the channel from the point nearest the Site. The risk of silting of watercourses, and thereafter, impacts on the SAC is considered to be negligible.

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6.10 The risk of spillages will be limited to plant fuel. If a spillage did occur, the volume would be minimal given the limited size of plant and vehicles required during construction. It is also unlikely that any spillage would reach a watercourse in damaging concentrations given the distance from the site to the nearest stream (approximately 40 m) and intervening reed and sedge beds. However, pollution of local ground-water dependant habitats may still occur in the absence of mitigation, and therefore, effects on the SAC may occur.

6.11 The extent and likelihood of habitat damage or degradation due to pollution in the absence of mitigation is likely to be low.

Operational Phase Impacts

Disturbance to otter

6.12 It is unlikely that any impacts on the SAC will occur during operation of the solar farm. The development will be inert with potential disturbance of otter limited to occasional vehicle movement for maintenance.

Pollution

6.13 The risk of pollution events is likely to be negligible, as vehicle movement is likely to be infrequent, and limited to road vehicles on defined tracks for maintenance purposes only. Access to the proposed building in the southern part of the Site may be more frequent, but confined to areas purpose-built hardstanding.

Decommissioning Phase Impacts

6.14 Decommissioning phase impacts will be similar to those anticipated for the construction phase and will depend on the condition of the Site at the time of decommission.

Summary

6.15 The land at the development Site does not include any part of a European site.

6.16 The proposed solar farm is not directly connected with or necessary to the management of any European site.

6.17 In the absence of detailed analysis, the possible use of watercourses close to the Site by otter, a qualifying feature of the Carmarthen Bay and Estuaries SAC, and proximity of the Site to watercourses that are hydrologically connected to the SAC, has led to the precautionary assumption that the proposed development may result in an impact on the features of a European site. This is a precautionary evaluation that has been carried out for the purposes of the Stage 1 ‘screening’ assessment.

6.18 In the absence of avoidance and reduction measures it is not possible to discount the possibility that the proposed solar farm alone could have a significant effect on the Carmarthen Bay and Estuaries SAC through a combination of one or more of the following pathways durng construction of the solar farm:

Damage and/or degradation of habitats through pollution into watercourses.

Noise, vibration or visual disturbance of otter;

6.19 No further likely impacts on the features of the SAC are predicted during operation of the development.

6.20 These conclusions have been reached by considering the proposed solar farm alone. It follows that an ‘in combination’ assessment has not been necessary as part of the screening process. There are no other impacts from the project which alone are likely to have a significant effect and there

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are no other impacts which are likely to have a significant effect when considered in combination with other plans and projects.

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7 Stage 2: Appropriate Assessment

Introduction

7.1 In the absence of mitigation it has been concluded that the proposed solar farm could result in a significant effect on the Carmarthen Bay and Estuaries SAC. Consequently, the requirement to undertake an appropriate assessment to consider the effects of the proposed solar farm on the integrity of this European site is triggered. Where potential adverse effects are identified, this part of the assessment needs to consider measures to mitigate the identified effects.

7.2 In the following section potential impacts and their effects are evaluated and appropriate mitigation measures considered when determining whether the proposed solar farm will have an adverse effect on the integrity of the Carmarthen Bay and Estuaries SAC. Impacts are considered for the construction, operation and decommissioning phases of the development.

Construction Phase

Disturbance to otter

7.3 The nearest watercourse likely to be frequently used by otter is approximately 40 m north of the Site. The section of this watercourse nearest the Site has a steep bank gradient covered by grasses with little opportunity to provide shelter (such as large cavities, rocks and tree roots) and is, therefore, considered unlikely to provide suitable natal holts. No evidence of an otter holt was identified during the 2018 or 2019 survey work. However, otter may use the watercourse for commuting, foraging and resting.

7.4 Otter may also use areas of reed bed for laying up on an occasional basis, and may commute along dry ditches and hedgerows. However, these areas are unlikely to provide sufficient shelter for holts.

7.5 Disturbance effects may therefore result in minor and temporary displacement of animals using boundary features.

Mitigation measures for otter

7.6 To avoid noise, vibration and visual disturbance impacts on otter, no construction plant will be permitted to approach within 40 m of the stream north of the Site. Construction work will not commence until suitable protective fencing has been erected around the development footprint to ensure that this distance is adhered to. The fencing will also maintain a buffer of at least 5 m to boundary habitat features such as hedgerows and ditches to prevent incursion and disturbance to connecting habitat for otter around the Site perimeter.

7.7 Planting of new shelter belts to the north, and gapping up of existing hedgerows prior to construction commencing will be implemented to provide additional screening from visual disturbance.

7.8 Construction work will take place during daylight hours only, and no lighting will be left on over-night to avoid affecting nocturnal movements of otter.

Pollution

7.9 The installation of the panels will involve driving of pile foundations without excavation. Minor trenches will be required to route underground cabling from the arrays to the substation, and from the substation to the local grid network. In addition, the nearest watercourse to the Site is approximately 40 m distant at its nearest point. The SAC is a further 690 m along the channel from the point nearest the Site.

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7.10 The risk of spillages will be limited to plant fuel. If a spillage did occur, the volume would be minimal given the limited size of plant and vehicles required during construction. It is also unlikely that any spillage would reach a watercourse in damaging concentrations given the distance from the site to the nearest stream (approximately 40 m) and intervening reed and sedge beds. However, pollution of local ground-water dependant habitats may still occur in the absence of mitigation, leading to effects on the SAC.

7.11 The extent and likelihood of habitat damage or degradation due to pollution in the absence of mitigation is likely to be low.

Mitigation measures to avoid pollution

7.12 Standard practice measures to avoid pollution incidents will be implemented during the construction works. These will include:

All works will be kept at a minimum of 5 m from ponds, ditches and reed beds.

All plant on Site will be properly maintained and operated in accordance with manufacturers’ recommendations.

All plant will carry an appropriate spill kits, and at least one additional spill kit will be present at the Site construction compound.

No machine will be allowed to ‘idle’ when works are not in progress.

If kept on Site overnight, plant will be stored in a secured, designated area of hardstanding.

Any liquids hazardous to the environment will be kept in a secure container within the Site construction compound.

Operational Phase

7.13 No likely impacts on the features of the SAC are predicted during operation of the development.

Decommissioning Phase

7.14 Decommissioning phase impacts will be similar to those anticipated for the construction phase.

7.15 Mitigation measures that will be adopted during the decommissioning phase of the development are expected to be similar to those adopted during the construction phase. Measures will be adopted that reflect the presence and distribution of qualifying features at the time that the solar farm has ceased operation and decommissioning commences.

Summary of residual effects

7.16 Taking into account the proposed mitigation measures the residual effects on qualifying features of the Carmarthen Bay and Estuaries SAC are summarised below.

7.17 During the construction phase the following effects may occur:

Noise, vibration or visual disturbance of otter. Overall it is concluded that effects can be mitigated and consequently there will not be any adverse effects on otter during the construction phase.

Damage and/or degradation of habitats through pollution into watercourses. Overall it is concluded that effects can be mitigated and consequently there will not be any adverse effects on habitats as a result of pollution during the construction phase.

7.18 During the operational phase, no adverse effects on otter or habitats are likely to occur.

7.19 During the decommissioning phase impacts may occur that are expected to be no worse than those predicted for the construction phase.

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Identification of other plans and projects

7.20 The appropriate assessment has considered the effects arising from the construction, operation and decommission of the proposed solar farm on the Carmarthen Bay and Estuaries SAC. In summary, the proposed development will have no residual impacts on the SAC and therefore, there are unlikely to be additive impacts when considered in combination with other plans or projects.

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8 Conclusion

8.1 The Proposed Development is not directly connected with or necessary to the management of any European site (Regulation 63(1)a of the Conservation of Habitats and Species Regulations 2017).

8.2 With reference to Regulation 63 of the Conservation of Habitats and Species Regulations 2017, some aspects of the proposed solar farm are considered (on a precautionary basis for screening purposes) likely to have a significant effect on the Carmarthen Bay and Estuaries SAC, when considered alone and in the absence of mitigation. For this reason, an ‘appropriate assessment’ has been carried out. In reaching this conclusion consideration has been given to the implications of the judgment released from the Court of Justice of the European Union ‘People Over Wind and Sweetman’, 12 April 2018, C-323/17.

8.3 The appropriate assessment has considered impacts on all habitats and species associated with the Carmarthen Bay and Estuaries SAC if impacts on those habitats and species are liable to affect the conservation objectives of the site. This takes into account the direction provided by a second recent HRA judgment (Holohan & Ors. v An Bord Pleanála, 7 November 2018, C - 461/17).

8.4 The results of desk study and survey have led to the conclusion that the proposed development may result in impacts on qualifying features and the condition of the Carmarthen Bay and Estuaries SAC. The assessment has concluded that the proposed measures will mitigate disturbance effects on otter using the Site, and damage and degradation of habitats through pollution. These mitigation measures take into account impacts on supporting habitats (irrespective of whether or not they are qualifying features) as required by Holohan & Ors. v An Bord Pleanála, 7 November 2018, C - 461/17.

8.5 With regard to all identified effects it is concluded that, in view of the Site’s conservation objectives and applying best scientific knowledge, there is not likely to be an adverse effect on the integrity of any European site due to the proposed solar farm. The proposed solar farm will not impact directly on the Carmarthen Bay and Estuaries SAC.

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9 References

Aderyn Ecology (2018) Extended Phase 1 Ecology Survey Report. For a Solar Farm at Morfa Pingett, Pembrey, Carmarthenshire. Unpublished.

BSG Ecology (2019) Morfa Pingett Solar Farm Habitat Management Plan. Unpublished

Cramp, S. (1977). Handbook of the Birds of Europe the Middle East and North Africa. The Birds of the Western Palearctic. Ostrich to Ducks. RSPB / Oxford University Press.

European Commission. (2013). Interpretation manual of European Union Habitats. [Online] Available from:

http://ec.europa.eu/environment/nature/legislation/habitatsdirective/docs/Int_Manual_EU28.pdf [Accessed 24 June 2019].

Mackley Davies Associates Ltd (2019) Landscape and Visual Impact Appraisal Proposed solar farm at Morfa Pingett, near Kidwelly Carmarthenshire. Unpublished

Natural Resources Wales (2018) Carmarthen Bay and Estuaries European Marine Site. Advice provided by Natural Resources Wales in fulfilment of Regulation 37 of the Conservation of Habitats and Species Regulations 2017. [Online] Available from:

https://cdn.naturalresources.wales/media/687995/eng-carmarthen-bay-and-estuaries-reg-37-report-2018.pdf [Accessed 24 June 2019].

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10 Figures

(overleaf)

DATE: 15/07/2019

Source : Esri, Dig italGlobe , Ge oEye , Earth star Ge og raph ics, CNES/Airbus DS, USDA, USGS, Ae roGRID, IGN, and th e GISUse r Com m unityC:

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P ROJECT TITLEMORFA P INGETT SOLAR FARMHABITATS REGULATIONS ASSESSMENT

DRAWING TITLEFig ure 1: Site and land owne rsh ip boundary

DRAWN: KW AP P ROVED: OGCHECKED: GL

VERSION:SCALE:

JOB REF:P 19-141

1.01:2,000

Copyrig h t © BSG Ecolog y

No dim e nsions are to be scale d from th is drawing .All dim e nsions are to be ch e cke d on site .Area m e asure m e nts for indicative purpose s only.

Th is drawing m ay contain: Ordnance Surve y m ate rial by pe rm ission of Ordnance Surve y on be h alfof th e Controlle r of He r Maje sty’s Statione ry Office © Crown Copyrig h t 2019. All rig h ts re se rve d.Re fe re nce num be r: OS Ope n data © Crown copyrig h t and database rig h t 2019 | Ae rial P h otog raph y © EsriSource s:BSG Ecolog y surve y data

100489800 200m

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OFFICE:T:01633 509 000

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LEGEND

Site boundary

Owne rsh ip boundary

DATE: 15/07/2019

Source : Esri, Dig italGlobe , Ge oEye , Earth star Ge og raph ics, CNES/Airbus DS, USDA, USGS, Ae roGRID, IGN, and th e GISUse r Com m unityC:

\Users\kwatkinson\Documents\workingfiles\roost.bsg-ecology.com\141 Morfa Pingett\HRA Figure 2 Site layout.mxd

P ROJECT TITLEMORFA P INGETT SOLAR FARMHABITATS REGULATIONS ASSESSMENT

DRAWING TITLEFig ure 2: P ropose d de ve lopm e nt layout

DRAWN: KW AP P ROVED: OGCHECKED: GL

VERSION:SCALE:

JOB REF:P 19-141

1.01:800

Copyrig h t © BSG Ecolog y

No dim e nsions are to be scale d from th is drawing .All dim e nsions are to be ch e cke d on site .Area m e asure m e nts for indicative purpose s only.

Th is drawing m ay contain: Ordnance Surve y m ate rial by pe rm ission of Ordnance Surve y on be h alfof th e Controlle r of He r Maje sty’s Statione ry Office © Crown Copyrig h t 2019. All rig h ts re se rve d.Re fe re nce num be r: OS Ope n data © Crown copyrig h t and database rig h t 2019 | Ae rial P h otog raph y © EsriSource s:BSG Ecolog y surve y data

100489800 80m

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OFFICE:T:01633 509 000

Ne wport

LEGEND

Site boundary

DATE: 15/07/2019

Bristol Channe lApproac he s (SAC)

Carm arthe n Bay and Estuarie s (SAC)

Carm arthe n BayDune s (SAC)

Carm arthe n BayDune s (SAC)

Carm arthe n Bay(SPA) The Burry Inle t

(SPA)

Sourc e : Esri, DigitalGlobe , Ge oEye , Earthstar Ge ographics, CN ES/Airbus DS, USDA, USGS, Ae roGRID, IGN , and the GISUse r Com m unityC:

\Users\kwatkinson\Documents\workingfiles\roost.bsg-ecology.com\141 Morfa Pingett\HRA Figure 3 designated sites.mxd

PROJECT TITLEMORFA PIN GETT SOLAR FARMHABITATS REGULATION S ASSESSMEN T

DRAW IN G TITLEFigure 3: Europe an site s within 2 km of thed e ve lopm e nt Site

DRAW N : KW APPROVED: OGCHECKED: GL

VERSION :SCALE:

JOB REF:P19-141

1.01:70,000

Copyright © BSG Ec ology

N o d im e nsions are to be scale d from this d rawing.All d im e nsions are to be c he c ke d on site .Are a m e asure m e nts for ind ic ative purposes only.

This d rawing m ay c ontain: Ord nanc e Surve y m ate rial by pe rm ission of Ord nanc e Surve y on be halfof the Controlle r of He r Majesty’s Statione ry Offic e © Crown Copyright 2019. All rights re se rve d .Re fe r e nc e num be r: OS Ope n data © Crown c opyright and database right 2019 | Ae rial Photography © EsriSourc e s:BSG Ec ology surve y d ata

Contains N atural Re sourc e s W ale s inform ation © N atural Resourc e s W ale s and Database Right. All rights Rese rve d. Contains Ord nanc e Surve y Data. Ord nanc e Surve y Lic e nc e num be r100019741. Crown Copyright and Database Right.

100489800 5km

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OFFICE:T:01633 509 000

N e wport

LEGEND

Site bound ary

2 km rad ius from the Site bound ary

Spe c ial Are a of Conse rvation (SAC)

Spe c ial Prote c tion Are a (SPA)