Permission for new battery plant and data centre 'undermines Welsh planning policy'

Martin Shipton

A decision by Cardiff council to grant permission for a large battery plant and data centre undermines one of the Welsh Government’s key planning policies, according to a leading conservation body.

Cardiff Civic Society has written to Huw Irranca-Davies, the Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, saying the development off Rover Way in the Tremorfa district of the city will destroy habitats and damage biodiversity.

In doing so, the Society reflects the view of the County Ecologist, who wrote a report stating that the development was incompatible with Planning Policy Wales 12 (PPW12), which states: “Planning authorities must follow a step‑wise approach to maintain and enhance biodiversity, build resilient ecological networks and deliver net benefits for biodiversity by ensuring that any adverse environmental effects are firstly avoided, then minimised, mitigated, and as a last resort compensated for.”

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Habitat

The County Ecologist’s report states: “There has been no apparent investigation of external compensation ie offsetting for the 69% loss of Open Mosaic Habitat on Previously Developed Land, a Habitat of Principal Importance and while not designated having the characteristics of a Site of Importance for Nature Conservation.”

Open mosaic habitat on brownfield sites can be extremely diverse, supporting a wide range of terrestrial and aquatic habitats. This diversity has made them increasingly important within ecological networks for rare and scarce invertebrates as well as lichens, plants, birds, reptiles and amphibians of conservation concern.

The report continued:“The level of loss should have triggered a greater consideration and provision of habitat mitigation. This also coincided with the updated PPW12 that further highlighted these matters. It is noted that the need for offsite compensation was stated within the Environmental Statement (ES), although no site has been put forward, nor alternative proposal put forward to compensate for the identified impacts in terms of loss of habitat.

“The ES itself insinuates … there is no indication following on in the ES that this in effect ‘like for like’ mitigation would not take place and thus the conclusion is drawn: ‘it is considered that no significant residual long-term effects on designated sites, habitats or species are likely.’

“The Green Infrastructure Statement supporting the application contradicts the mitigation put forward in the ES.

”The purpose of PPW (including previous iterations) and the Environment (Wales) Act 2016 is that the environment should be aiming to dictate the appropriateness and location of development and not the other way around.”

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Concern

Despite the fact that the County Ecologist’s expressions of concern were quoted extensively in the planning report, councillors were recommended “on balance” to grant permission for the development, which they did.

In a letter to Mr Irranca-Davies, Nerys Lloyd-Pierce, who chairs Cardiff Civic Society, wrote: “We would like to bring to your attention a recent planning decision made by Cardiff council which, in our opinion, has not taken the step-wise approach to preserving and enhancing biodiversity required by Planning Policy Wales seriously.

In October, Cardiff’s planning committee made a decision to approve a large battery plant and data centre on the coast off Rover Way despite concerns over environmental impacts, in particular habitat loss. The development site is significant Open Mosaic Habitat surrounded by a number of sites of scientific and ecological importance.

“It is acknowledged that the proposed development will result in a 70% loss of habitat space. The paper dismisses the possibility of avoidance and minimisation and moves straight to considering mitigation and compensation. On-site compensation has not been taken as seriously as the County Ecologist considers it should have been.

"In relation to off-site compensation, no site has been offered in mitigation for the loss of land, and no explanation provided for this failure. Rather the council will benefit from a legal agreement with the developer which will see a payment of £250,000, hoping this can be used to fund biodiversity projects or find replacement land in mitigation.

“The County Ecologist raised concerns about the lack of on-site and off-site compensation as well as expressing wider concerns about the development which they opposed.

“We are concerned that the approval of this planning application and the way in which avoidance and minimisation of negative environmental impacts were so quickly dismissed could set a precedent for other developers to take the same approach, thereby undermining the intent of national planning policy.”

Cardiff Civic Society is awaiting a response from the Deputy First Minister.