TIR PENTWYS SECOND SUPPLEMENTARY ENVIRONMENTAL …planapps.torfaen.gov.uk/Tirpentwys_Second_Supplementary_Environ… · Tir Pentwys – SSES January 2013 2.0 THE SITE Tir ... The

TIR PENTWYS

SECOND SUPPLEMENTARY ENVIRONMENTAL STATEMENT

404.00542.00002

JANUARY 2013

PEAK MAN LIMITED

Version: FINAL

Peakman Limited 404.00542.00002 Tir Pentwys – SSES January 2013

Peakman Limited i 404.00542.00002 Tir Pentwys – SSES January 2013

CONTENTS

1.0 INTRODUCTION .......................................................................................................... 1

2.0 THE SITE ..................................................................................................................... 2

3.0 DEVELOPMENT PROPOSAL ..................................................................................... 3

3.1 Introduction ....................................................................................................... 3

3.2 Recovery of Stone ............................................................................................ 3

3.3 Processing Plant, Production and Ancillary Development .......................... 12

3.4 Access ............................................................................................................. 14

3.5 Road Construction .......................................................................................... 14

3.6 Road Stability .................................................................................................. 17

3.7 Road Landscaping .......................................................................................... 18

4.0 PLANNING CONTEXT ............................................................................................... 19

4.1 Introduction ..................................................................................................... 19

4.2 Planning History ............................................................................................. 19

4.3 National Planning Policy ................................................................................ 19

4.4 The Development Plan ................................................................................... 21

4.5 Other Considerations ..................................................................................... 24

5.0 GEOLOGY ................................................................................................................. 30

5.1 Geology of the Cut .......................................................................................... 30

5.2 Geotechnical Assessment ............................................................................. 30

6.0 WATER ...................................................................................................................... 33

7.0 LANDSCAPE AND VISUAL EFFECTS OF ACCESS PROPOSALS ......................... 34

7.1 Introduction ..................................................................................................... 34

7.2 Update in relation to emerging Torfaen LDP and Blaenau Gwent LDP; ..... 34

7.3 Cumulative effect of extraction ...................................................................... 35

7.4 Review of views from south side of Cwm Llanileth; .................................... 35

7.5 Revised route of the access road; ................................................................. 36

7.6 Landscape assessment in accordance with CCW LANDMAP provisions .. 36

8.0 ECOLOGY ................................................................................................................. 41

8.1 Introduction ..................................................................................................... 41

8.2 Baseline Data .................................................................................................. 43

8.3 Approach to Evaluation .................................................................................. 45

8.4 Impact Assessment ........................................................................................ 46

8.5 Legal and Policy Considerations ................................................................... 48

8.6 Desk-top Study ............................................................................................... 51

8.7 Habitats ........................................................................................................... 53

8.8 Protected and Notable Fauna......................................................................... 58

8.9 Ecological Processes and Trends ................................................................. 62

8.10 Nature conservation Evaluation .................................................................... 63

8.11 Potential impacts ............................................................................................ 65

8.12 Potential Impacts to Species ......................................................................... 70

8.13 Proposed Mitigation and Enhancement strategy ......................................... 73

8.14 Legal Considerations ..................................................................................... 82

8.15 Policy Implications ......................................................................................... 83

8.16 Summary and Conclusions ............................................................................ 84

9.0 NOISE ........................................................................................................................ 86

10.0 AIR QUALITY ............................................................................................................ 87

11.0 CULTURAL HERITAGE ............................................................................................ 88

12.0 HIGHWAYS ............................................................................................................... 90

13.0 CONCLUSIONS ......................................................................................................... 91

Peakman Limited ii 404.00542.00002 Tir Pentwys – SSES January 2013

Peakman Limited iii 404.00542.00002 Tir Pentwys – SSES January 2013

APPENDICES

Appendix 1/1 Request for Scoping Opinion

Appendix 1/2 Scoping Opinion

Appendix 3/1 Geotechnical Assessment

Appendix 7/1 Viewpoint Photographs

Appendix 8/1 Information on non statutory ecology sites

Appendix 8/2 Target Notes & Figures

Appendix 8/3 Bat Survey

Appendix 8/4 Breeding Bird Survey

Peakman Limited iv 404.00542.00002 Tir Pentwys – SSES January 2013

DRAWINGS

Drawing SSES/01 Site Location Plan

Drawing SSES/02 Proposed Access

Drawing SSES/03 Amended Access

Drawing TP 3/1 Development Proposals: Phase 1




Drawing TP 3/5 Restoration Concept

Drawing TPS 3/1 New Access Road: Upper Section

Drawing C777/SD/E Standard Details

Peakman Limited 1 404.00542.00002 Tir Pentwys – SSES January 2013

1.0 INTRODUCTION

Peakman Limited submitted a planning application (ref: 03/P/09336) in October 2003 seeking permission for the “Proposed Recovery of Secondary Aggregates and Land Reclamation” for its landholding at Tir Pentwys, Hafodyrynys. The application was accompanied by a full Environmental Statement (referred to hereafter as the original ES) that had been prepared following the undertaking of an Environmental Impact Assessment.

The proposal identifies that the former opencast coal waste tips at Tir Pentwys Cut contain a substantial proportion of Pennant Sandstone, a gritstone capable of producing high specification aggregate for use in the wearing courses of road construction, a material acknowledged to be an important national resource.

The original scheme intended that a route northwards from the site, via The British to the A4043 at Abersychan will be used. Following the submission of the October 2003 application, the mineral planning authority, Torfaen County Borough Council, indicated that it was minded to refuse the application due to concerns over the suitability of that proposed access route. The Authority invited the Applicant to consider a wider range of alternatives to those considered in the original ES. A series of additional alternatives were assessed and that process led to the decision to promote a south-bound route from the site to the A472 at Cwm y Glyn.

The details of that scheme were included in the Supplementary Environmental Statement (SES) submitted in 2006 and considered the implications of the revised highway access. This document is submitted as a Second Supplementary Environmental Statement (SSES) and includes details of the access route, which has been subject to minor amendments since the previous submission, and updated information in respect of issues such as ecology, transport and need for the material. It should be read in conjunction with the original ES and the Supplementary ES of 2006.

This document brings together information from the previous submissions together with additional information gathered over the intervening period.

The content has been shaped by the Scoping process undertaken in accordance with Regulation 10 of the EIA Regulations. A request for a Scoping Opinion was submitted to Torfaen CBC on 30th May 2012 (included at Appendix 1/1). The response of the Authority (following consultation) dated (28th November 2012) is included in full at Appendix 1/2 and includes the following requirements:

• The need to address changes in the road alignment;

• The destination of material;

• Reporting of various ecological surveys; and

• Consideration of cultural heritage.


2.0 THE SITE

Tir Pentwys Cut straddles the administrative boundary of Blaenau Gwent County Borough and Torfaen County Borough. It is positioned approximately 2.5 km north of the A472, Crumlin to Pontypool Road, some 4 kilometres west of Pontypool.

The location of the reclamation site and the proposed access road is illustrated on Drawing SSES/01. The reclamation site is an unrestored, linear excavation flanked by mineral waste tips, and screened by established coniferous tree planting. The excavation is defined on its northern side by the abandoned high wall of the previous opencast coal extraction of the Mynyddislwyn Coal Seam. The high wall is a north-westerly to south-easterly trending rock face, approximately 1.5km long and 20m to 25m high. Above the face, tipping of opencast waste has taken place as part of the restoration of the extensive area of working to the north. On its southern side the Cut is bound by the leading edge of a backfill tip.

Access to the site is currently gained via a narrow, steep, winding, track from Blaen-y-Cwm Road to the south. The road network in the vicinity of the site is made up of mountain roads typically only 3-4 m wide. The properties, closest to the site are isolated farm dwellings. A bridleway is shown to bisect the western part of the cut, but this is currently impassable. Consequently, a track across an infill embankment through the centre of the void is used.

Access arrangements will involve the construction of a dedicated access road that will travel from Blaen-y-Cwm Road, across part of The Common, to cross Cefn-Crib Road to the west of Cefn-Crib Farmhouse. Thereafter a new private access road will be constructed, following the route of some existing farm tracks, to traverse the valley side of Cwm y Glyn. Access to the A472 will be gained via a section of Crumlin Road which joins the A472 at a T-junction some 800 metres to the west of the proposed point of egress onto the highway network. Drawing SSES/03 illustrates the differences between the route submitted and assessed within the 2006 SES and that now proposed. It should be noted that the current scheme reduces the red line boundary by approximately one hectare within the access route.

The excavation has been developed into the upper, south facing slopes of Mynyyd Llanhilleth at an elevation of 400maOD and above. It occupies an upland moorland setting, but due to a combination of past tipping, forestry plantations and the natural topography, in general terms, it is visually well contained.

The landform over which the proposed alternative access will pass starts at a high point adjacent to the site entrance at 382 metres above Ordnance Datum (mAOD). This represents the top of a convex, rounded moorland landform which forms a ridge between two small valleys to the east and west the floors of which descend to the south-east and south-west respectively. In this area, the landform is gently undulating with gradients between 1:15 and 1:20. As the landform drops into the two small valleys the gradients of the valley sides increase to around 1:6. The ridge leads to the side of the major valley of Cwm y Glyn in the south, which separates the upland Mynydd Llanhilleth area, within which the main part of the development site is located, from the upland Mynydd Llwyd area which lies to the south of the Cwm y Glyn valley.

The Cwm y Glyn valley separates these upland areas which have elevations to the north and south of the valley of in excess of 400 maOD with a valley floor elevation of around 220 mAOD. In the development site the land drops from 360m AOD at the crest of the Cwm y Glyn valley side at a gradient of around 1:6 before increasing to gradients of 1:3 on the main valley flank. At the foot of this south-east facing slope, the Old Crumlin Road lies at an elevation of c 210 maOD about 10 m above the valley floor which contains a water course in a channel that flows to the Afon Ebwy to the west.


3.0 DEVELOPMENT PROPOSAL

3.1 Introduction

The recovery and restoration proposals will remain unchanged to those previously described in the original ES. These are summarised below for ease of reference and the original development proposal plans (ref. TP 3/1 to 3/4) are also included, as is the Restoration Concept drawing (ref 3/5). Similarly the SES described only the construction of the various elements of the road layout. This is also replicated below and takes into account any changes proposed since the submission of the SES.

3.2 Recovery of Stone

3.2.1 Introduction

The objective of the proposed development is to secure the maximum recovery of useable materials in a way that causes the least disturbance to the local environment. As part of this process it has been determined that materials that are not of economic value, and cannot be put to beneficial use elsewhere, are to be replaced in accordance with a design for a new, restoration landform that merges sympathetically with the surrounding landscape.

A number of detailed studies have been undertaken in order to provide a preliminary assessment of the potential at the site. Among these has been an investigation of the geological context for the site, and the quality of aggregate grade materials within the waste tips. The results of this exercise are reported later in Section 5: ‘Geology’.

It is important to note, with regard to the Scoping Opinion, that cumulative impact in the context of the resource located within Blaenau Gwent (which does not form part of this application) is not a material consideration. The western part of the “Cut” is not subject to any planning applications; it has not been formally adopted within any development plan; and no scheme has been prepared against which to assess cumulative impact.

3.2.2 Secondary Aggregates Recovery Operations

The remnant exposed rock faces at Tir Pentwys provide an insight to the geological conditions, and therefore the nature of the discard from opencast coal extraction. Above the basal coal seam was approximately 20 – 25 metres of sandstone with interbedded thin layers of mudstone. Above the sandstone is a markedly thinner sequence of mudstone, weathered sandstone and drift materials. It is these deposits which have been deposited into the extensive tips at the site.

The proposals have been developed to recover the tipped materials with the purpose to retrieve the sandstone, and to produce secondary aggregate. Given the quality of the rock the primary products will be aggregate for road-surfacing. However, other products will also be derived from the processing operations, and these will be distributed to the wider construction industry and other markets. The residual materials will be used to effect the restoration of the despoiled land.

It should be noted that the proposals do not require any drilling or blasting operations to be undertaken.

The former opencast coal working has left a deep narrow ravine between the excavation face and the waste tips. The base of the ravine provides limited space to accommodate the processing plant and stockpiling areas from the outset. Further, it is not possible to extend this area solely by excavating part of the base of the tip, as this will create instability and an


insecure situation. Consequently, the initial phases of the development will seek to address this situation.

Phase 1 (Drawing No. TP 3/1)

The initial phase of working will concentrate on establishing a suitable operational area in the base of the cut. From an assessment of the options to achieve this it has been determined that the most effective approach will be to remove a relatively low area of tipped material immediately to the west of the access into the eastern part of the cut. This area, as illustrated on Drawing no. TP 3/1 adjoins the main tip in the western part.

In conjunction with the initial development works, mounds of tipped material at the entrance into the void area will be cleared. This will have the joint benefits of creating a wider access to the working area, and providing an improved landform.

Similarly a small area of intervening land between the eastern and western parts of the cut will be reduced in height by c.3 metres to 375ma OD. The purpose of this exercise will be to minimise the size of a haul ramp to be constructed to link the two parts, and facilitate the tipping of process waste to the west. The haul ramp will be constructed with materials excavated during the lowering of the land. It will be built against the remnant rock faces of the eastern part as again shown on drawing no. TP 3/1.

A hydraulic excavator will excavate materials from the tip for preliminary separation into rock (+200mm) for further processing, and spoil (-200mm). The sorting will be undertaken by a heavy duty screen located adjacent to the excavation operations. Large boulders will be isolated from the material to be screened for reduction by a hydraulic breaker. During Phase 1 material for processing will be loaded into a crushing and screening plant by a wheeled loading shovel. Details of the plant are provided later.

The gross amount of material excavated in Phase 1 for production will be c. 200,000 cubic metres. The residue from processing operations i.e. 100,000 cubic metres will be deposited in the western part of the cut.

Upon completion of Phase 1 the net area at the base of the void for operational use will be c. 0.62 ha.

Phase 2 (Drawing No. TP 3/2)

Phase 2 represents the first stage of the removal of the east tip. The general direction of working from commencement of the Phase will be from west to east. Again, the purpose of this will be to develop the processing and stockpiling area within the cutting. For stability and operational reasons the initial working on the tip will be from the top down.

The tip, over the majority of its surface, has been planted within coniferous trees. These are approaching maturity, and during Phase 2 a limited area will be cleared. Overall, the programme of clearance has been designed to provide for the retention of peripheral areas of the plantation so as to maintain a visual screen. The felled trees will be removed for commercial use.

The method of extraction, and initial material separation, will be the same as for Phase 1. For the upper levels of the tip the heavy duty screen will be positioned in a relatively flat, clear area adjacent to the workings. The rock for processing will be then transported by articulated dump trucks (2 no.) to a primary stockpile positioned inside the cutting. The dump trucks will use an established track through the plantation as a haul route, and this will be screened. This will connect to a haul route established into the cutting from its eastern


end. Consequently, disturbance associated with internal vehicle movements will be well contained. From the stockpile the rock will be fed by a wheeled loading shovel into the mobile crushing and screening plant.

The spoil will be removed for disposal. Due to the continuing space restriction it will not be possible for spoil to be deposited into the cutting during the second phase. Consequently, it will be deposited in the western part of the cut similarly to the arrangement undertaken in Phase 1.

The excavation of the tip will be by means of a series of benches or working levels. It is anticipated that up to 5 main benches in total will be established, with a vertical separation of c. 10 metres. The intention will be to develop the full sequence of benches over the full height of the tip as soon as possible. At that stage it will be possible to expand the area at the base of the cutting, and thus create an increased processing and stockpiling area. At the end of the phase the basal area will have been extended to 2.9 ha.

The advance of the development as defined on drawing no. TP 3/2 illustrates the stage at which it will become possible to dispose of all future spoil arisings from subsequent phases within the cutting and reclamation area.

The volume of material excavated in Phase 2 will be c. 1 million cubic metres of which 500,000 cubic metres will be placed to the west after processing

Phases 3 and 4 (Drawing Nos. TP 3/3 and TP 3/4)

Excavation of the tip during Phases 3 and 4 will continue in the same way as established during Phase 2. In advance of the excavations felling of the plantation will take place in a manner whereby the amount of clearance will be limited to that which is required to enable sustained operations for a minimum of 12 months. The series of benches will then be worked continuously through the tip in a systematic way in the direction illustrated on drawing nos. TP 3/3 and 3/4.

The excavation faces will be orientated in a south-west to north-east direction to maximise the visual containment of the operations. The drawings also demonstrate the progressive placement of all spoil from the two phases in accordance with the reclamation scheme, and the phased restoration of areas where the final levels are attained. To enable the formation of the restoration levels it will be necessary for the mobile processing plant and stockpiles to be relocated from time to time during the duration of the operations. Drawing no. TP 3/4 shows the arrangement of the site at the completion of the excavations.

Phases 3 and 4 will produce 2 million cubic metres and 2.1 million cubic metres of excavated materials respectively. From this a combined total of c. 2 million cubic metres of rock will be recovered for aggregated production.

Overall, it has been calculated that the current waste tip has a volume of c. 5.3 million cubic metres. This volume equates to c. 9.5 million tonnes, and therefore the potential yield of recoverable rock (i.e. 50%) from the operations is approximately 4.75 million tonnes.

3.2.3 The Restored Landform

The main aim of the restoration is to produce a landform and land uses that are in character with the surrounding landscape as far as the physical and operating constraints of the site and proposed development allow.


The proposed restoration of the application site covers three basic features, each with different considerations:

• The existing quarry faces and areas above these faces.

• The proposed new processing plant/stocking areas, and ancillary development areas.

• The area of the existing open cast overburden area.

A series of objectives for the proposed restoration scheme were developed:

• Improve the general landscape of the existing application site;

• Create a new landform from the processed waste arising from the recovery of aggregates;

• Remove a significant area of coniferous woodland from the local landscape.

• Establish a suitable vegetation cover based on native woodland, scrub, acid grassland, marginal wetland and heathland; and

• Produce a mixture of habitats that help to meet local BAP targets.

Having identified the objectives of the proposed restoration the following section looks at how the restoration of the different site features will be developed to meet the design objectives.

a) Existing quarry faces and slopes above

The significant height (21m) and extent (750m) of the existing rock faces are out of character with the rolling heathland and valley head landscape of the immediate location. The steep slopes above these faces (at gradients of over 1:1.5 and heights of 23m) add to this dramatic level change, creating a sudden drop from the adjacent hill top. The proposed development allows for backfilling over most of these faces and slopes, almost to the same elevation of the adjacent hill top. The proposed restoration treatment will achieve an average gradient of 1:4.5 and result in a landform much more characteristic of the surrounding landscape. This landform will form the northern side of a new valley feature running from the east to the west

Some ecological and scenic value to the rock faces has been found within the eastern side of the site, where the faces are considerably smaller at 7m height. It is therefore proposed that a small section of this face will be retained in the restoration scheme to enable the retention of its ‘flush’ habitat.

b) Proposed new processing plant/stocking areas, and ancillary development areas

These proposed operational areas will be well hidden within the base of the existing landform. They will also occupy the area for the final phase of restoration, and as such their restoration is limited by the quantity and type of material remaining. Consequently, the restoration scheme has been designed to locate the plant areas within the base of a valley feature. This enables restoration to occur with the minimal quantity of material and being within a low area, restoration to a mix of wetland habitats is appropriate.

c) Area of the existing open cast waste tip

The existing open cast tip has a reasonable gradient on its south facing slope and merges into the natural landform well on its eastern boundary. However it slopes steeply down on its western and northern sides, and the coniferous plantation is not in character with the natural vegetation or the historic farming pattern. Accordingly, removal of the tip and its plantation


will be beneficial to the aims of any restoration. It is proposed that the plantation will be removed in a series of phases ensure most of the proposed development will be hidden from view and little outward change will be noticeable until late in the operations.

The restoration scheme will provide for backfill within the tip area to produce a landform that gently blends the southern and eastern sides of the tip area down into the proposed valley feature formed by the restoration of the rock faces.

3.2.4 Restoration Design

Restoration of the ”Cut” will lead to the creation of a sympathetic valley feature as shown by the proposed contours on drawing no. TP 3/5. A gentle twisting valley will be created running from the final plant site area eastwards up to the retained rock face. In conjunction with a secondary valley, this helps to vary the landform and form a number of features such as a ‘saddle’, ridge and valley head. Although not physically connected to the adjacent Nant Ffrwd-oer valley, the proposed final landform will suggest the continuation of that valley up into the site area.

The proposed field pattern will replicate the arrangement within the area, with long continuous boundaries along contour lines or stream courses, and shorter staggered boundaries up and down the main slope direction. The higher slopes will be left open to merge in with the adjacent hill top after the removal of the coniferous woodland along the northern edge of the application site.

The restoration treatment will divide the basic landform into a number of specific habitat areas, as shown on the restoration drawing, these being:

a) Heathland

It is proposed to restore the higher elevations and open fields to upland heath. On the eventual removal of the coniferous woodland to the north, this heathland will be extended to merge with the vegetation of the adjacent hill (Mynydd Llanhilleth). Although heathland does not exist at present on the hill, it is likely that this is due to over-grazing, its common land status, and/or poor heathland management. Significant areas of heather moorland do exist slightly further north and it is thus concluded that this is a suitable restoration proposal. The heathland, totalling almost 9 ha, will also help to meet part of the UK BAP Priority Target for Upland Heath.

b) Acidic Grassland

The proposed acidic grassland will be established within a series of small field units, suitable for grazing and will amount to an approximate area of 10.6 ha. Sections of the heathland restoration will also include acid grassland in the form of a mosaic of habitats around the proposed wet grassland habitat area.

c) Native Woodland Planting

A large belt of native woodland planting (4.5 ha) is proposed along the southern edge of the application site. This woodland will help to re-enforce the restored valley landform.

d) Scrub Planting

The northern boundary of the new native woodland planting will be created by a scrub and grassland mosaic of approximately 1.6 ha. This will form a dynamic woodland edge along the north facing valley side, diversifying the woodland and grassland habitats.


e) Hedgerow Planting

Hedgerow planting is proposed along the field boundaries to establish a tradition field pattern and allow variable control over grazing.

f) Wet Grassland Habitats/Flushes

Existing springs occur where the ground water emerges from the rock faces, and these will re-occur post-restoration. Their position will be difficult to ensure but the use of granular backfill should encourage their re-appearance in a similar location. These springs help create the flush habitats and it is proposed that acidic grassland will be seeded in these area to enable the development of flushes of similar value.

g) Marginal Wetland Habitats and Ponds

In lower parts of the valley landform, surface water runoff and ground water will collect in a similar manner to the existing situation. It is anticipated that silts and clays will accumulate in these areas, and enable the creation of a series of marginal habitats and ponds of benefit to amphibians.

Further details of proposed habitats and mitigation measures are included at Section 8.0

3.2.5 Restoration Materials

a) Origin and Nature of Restoration Materials

Very little soil material will be available for the proposed restoration and it is not possible to predict arisings. Therefore, it has been assumed that no soil material exists for use in the restoration works. However, processed excavation waste will be used to create a soil forming material. As the development proceeds, any soil reserves that are discovered will be stripped and stored separately for use in the restoration. Soil use will be dependant upon the quantity and quality recovered and will either be concentrated within the proposed tree planting areas, or spread thinly as a topsoil layer across the grassland and moorland areas.

It is expected that any material available will be a mixture of sandstone, mudstone, siltstone, dust and fine clayey material. The material is also likely to be very infertile, acidic and have a low water capacity. The material available for restoration will be examined to identify any potential problems in regard of these characteristics.

b) Handling of Materials

The bulk of the restoration material will be created as a by product of the mineral recovery and processing operations. The material will be transported by dump truck and tipped in compacted layers to achieve a stable landform.

The top 1m of soil making material will be placed in final position by loose tipping, and then spreading with a 360° excavator.

c) Restoration Volumes and Profiles

Significant volumes of soil making material will be available throughout the development period. In particular a substantial amount of fine material will arise from mineral processing operations. The restoration landform will be covered by loose tipped material to a depth of 1m in most areas. However on slopes with a gradient steeper than 1:3 the depth of loose


tipped material might need to be reduced, although sufficient depths for grassland and heathland establishment will be provided (250mm).

3.2.6 Ground Stabilisation

On slopes steeper than 1:6 it is often necessary to include ground stabilisation techniques, such as surface erosion control geotextiles or surface water interception ditches. The restored areas will be monitored to determine whether additional measures will be required.

3.2.7 Surface Water Management

Surface water management will reflect the restoration landform and divert surface water runoff into the base of the two valley features. Water courses will be formed along the two valleys and comprise a combination of surface and groundwater. The water course will be protected from erosion by a series of stepped pools and wetland areas re-enforced by large granular material.

3.2.8 Cultivations

All soil forming material will be loose tipped into its final position, helping reduce the need for surface cultivation.

Grass seeding areas will be chain harrowed and then rolled prior to seeding. The grass areas will be rolled once more, as soon as seeding has taken place.

Tree planting and heathland areas will be chain harrowed prior to planting.

3.2.9 Planting and Seeding

a) Target Habitats

The acidic grassland will be sown from a standard seeding mix and maintained by cutting and grazing to establish a NVC U4 habitat (lowland dry acid grassland).

Areas of heathland restoration on the upper slopes, will initially be seeded with the same mix as the acidic grassland, although at a lower seeding rate and on a rougher substrate. Once the grassland begins to establish, heather brash from the adjacent heathland will be spread across the heathland area to transfer seed and provide a mulch to the habitat area. In order to refine the method of heathland creation a trial restoration area will be created during the first stage of reinstatement, within the western cut area. This trial area will allow the best method of habitat creation to be selected before the larger area of heathland restoration occurs. The target habitat for the heathland restoration will be National Vegetation Classification “H12”.

Given the lack of soils for restoration, the initial objective for the woodland habitat will be to develop a first stage woodland colonisation, and not to recreate the final target vegetation. Alnus incana (Italian Alder) has been included as a nurse species to counter the infertile nature of the proposed restoration materials. It will, through its nitrogen fixing abilities, improve soil nutrient levels; and also provide shelter for the long-term species, and react favourably to the dry soil conditions. The long-term aim of the woodland management will be to develop the planting into type ‘W17’ Upland Oak woodland of the NVC, after the removal of the nurse species.


b) Planting Pattern

The woodland planting will consist of a nurse species planted on a 4m grid, the other species will be planted in single species groups of 5-12 number, at 1-1.5m intervals with gaps between the groups. This will be consistent with an average spacing of 2m, but allows the development of an irregular planting matrix.

The scrub planting will consist of single species groups of 5-12 number at 1-1.5m intervals and 9-15m between groups. This will be consistent with an average spacing of 3m, but allows for large clearings between planting groups.

c) Species Mix

The proportion of species to be planted within the woodland and scrub areas are detailed in the tables 3.1 and 3.2 below. These species have been chosen to reflect the planting conditions and location.

TABLE 3.1: BROADLEAVED WOODLAND SPECIES COMMON NAME %

Alnus incana* Italian Alder 25

Betula pubescens Downy Birch 15

Betula pendula Silver Birch 10

Sorbus aucuparia Mountain Ash/Rowan 10

Quercus robur Common Oak 10

Quercus petraea Sessile Oak 15

Ilex aquifolium Holly 5

Populus Tremula Aspen 4

Sorbus aria Whitebeam 2

Sambucus nigra Elder 2

Frangula alnus Alder Buckthorn 2

* Nurse species – Removed 10-15 years after planting

TABLE 3.2: SCRUB PLANTING

SPECIES COMMON NAME %

Betulus pendula Silver Birch 30

Crataegus monogyna* Hawthorn 20

Corylus avellana* Hazel 20

Sambucus nigra Elder 15

Frangula alnus Alder Buckthorn 15

* Planted in most fertile conditions


d) Planting Stock

Stock will be sourced from local provenance wherever possible (excepting the Italian Alder). All trees and shrubs will be planted as bare rooted 1+1 transplants.

e) Planting Technique

All stock will be pit planted into 300x300x300mm pits, backfilled with a mixture of 75% soil forming material and 25% of either topsoil or peat-free compost. All planting areas will be fenced to protect from grazing stock, and where more economic, rabbit proof fencing will be used in place of individual plant protection. In the areas of individual tree protection transparent rabbit spirals or shrub shelters, supported by 450mm stout bamboo canes will be used.

f) Seeding Mix and Rates

Seeding for the proposed grassland areas will be carried out in late Summer/early Autumn (August-early September). If seeding at that time proves not to be possible, then a Spring seeding will be carried out (March-May).

The seed will be drilled over most areas, but small sections of seeding may be manually broadcast. The rate of sowing will be 5 g/m2 for the grassland area and 2 g/m2 for the heathland areas.

Table 3.3 includes the proposed seeding mix for the restored grassland areas. However, on-site assessment of pH and nutrient levels (prior to seeding) will be undertaken, and amendments to the mix made as required.

TABLE 3.3: GRASSLAND SEED MIX

SPECIES %

Achillea milefolium 3

Calluna vulgaris 2

Campanula rotundifolia 2

Conopodium majus 1

Galium verum 1

Lotus corniculatus 2

Plantago lanceolata 3

Prunella vulgaris 1

Ranunculus acris 1

Ranunculus repens 1

Sanguisorba minor 2

Stachys betonica 1

Agrostris castellana 23


Cynosurus cristatus 5

Deschampia caespitose 5

Festuca ovina 23

Festuca rubra ssp litoralis 15

Poa pratensis 9

The mix shown is British Seed Houses RE7 and is taken from their UK Native-Regional range, and reflects the objectives of developing NVC U4 acidic grassland on the site.

3.2.10 Aftercare and Management

a) Proposed Planting

All new planting on the site will be subject to a 5 year aftercare plan, which will ensure that a one metre wide diameter around the base of trees will be kept weed-free by applying an appropriate herbicide twice every year.

b) Proposed Acidic Grassland

The low fertility of the proposed restoration materials will be unlikely to lead to sufficient growth in the first season to require grazing or cutting. However, if necessary, one or two mechanical cuts will be taken in the first season.

In the second season a low density grazing regime will be introduced.

c) Proposed Heathland

Aftercare will be dependent on the rate of natural colonisation. It is proposed that grazing at very low stock levels will be used to control growth in the long term.

d) Management Plan

Throughout the aftercare period the restored site will be managed in accordance with a management plan that will consist of an outline scheme, providing the overall objectives for the management of the site and the main maintenance operations proposed. A more detailed annual scheme will be submitted to the planning authority in Spring of each year before an annual aftercare meeting. This aftercare meeting will be held on an annual basis to discuss the condition of the site and to agree the aftercare requirements for that season. It will be attended by the landowner (and/or their representative) and the mineral planning authority.

3.3 Processing Plant, Production and Ancillary Development

The main processing plant will comprise a vibrating grizzly feeder from which the rock will pass into a primary crusher (jaw crusher). The material discharged from the crusher will then be screened to provide an initial separation of products, but primarily to remove the ‘fines’. The screened material will be either sold as a fill material or added into the spoil for site reclamation. The retained, coarse material will be conveyed into a secondary (cone) crusher. The output from the secondary crusher will be screened into final products with the following sizes:


• 14 mm

• 10 mm

• 6 mm

• Dust (-5 mm)

Any oversize material will be directed into a tertiary crusher, and then returned for final screening. Screened products will be deposited on to elevating conveyors which in turn will discharge to separate, ground stockpiles. The ‘dust’ will be stockpiled in a sheltered position to minimise the potential for ‘wind whipping’.

The plant will be fitted with water sprays to control dust emissions, and the conveyors will be enclosed to prevent any particles becoming airborne. The processing plant will have a capacity to produce approximately 1000 tonnes per day, with an annual output of approximately 250,000 tonnes per year.

Ancillary development will comprise the following:

• Car Park (12-15 spaces);

• Weighbridge (low level, surface mounted);

• Office, incorporating welfare facilities;

• Fuel / Oil / Equipment and spares stores;

• Vehicle wheelwash;

• Laboratory;

• Lorry sheeting bays

The proposed locations for these are shown on drawing no. TP 3/1.

All mineral operations and associated production and sales activities at the site will be conducted between the following hours:

07.00 – 19.00 hours Monday to Friday

07.00 – 17.00 hours Saturday

No operations will take place on Sundays or Public Holidays. The only exceptions to the proposed operating times will apply in respect of routine and essential maintenance, and any emergency situations should they arise.

It is expected that 12 new employment positions will be created in connection with the extraction and processing operations. The total will include 6 mobile plant operators, 2 processing plant attendants, a fitter, salesman, weighbridge clerk and a manager. In addition to those directly employed at the site a number of others will undertake remote administrative functions.

In terms of indirect employment there will be a substantial amount of hired haulage. This will be sufficient to distribute an average amount of 50 loads per working day, assuming an average payload of 20 tonnes. Further, the operations will call upon local engineering and specialist service companies to provide support as and when necessary.


3.4 Access

The proposals include for the provision of a new access to the east to link with an existing haul road established during the former opencast operations. The existing haul road connecting to the public highway is surfaced throughout its length, and is sufficiently wide to enable vehicles to pass each other without the need for passing bays. The extended route will require a short section of new road to join the opencast haul road, and then it will follow an existing track through the plantation area within the site. The extension to the access road, including the existing track, will be establish to a minimum of 7.3m wide, and surfaced with either bituminous or granular materials, as appropriate. The construction will provide a durable access road that will require limited maintenance, and could be kept clean.

A short distance from the descent into the working area, and in a concealed location, the access road will incorporate a roundabout. This will be necessary to enable laden vehicles to return to the stocking area should their loads be overweight.

As shown on drawing no. TP 3/1 the weighbridge and associated office will be positioned so as to control and manage transport movements effectively. Again these components will be in a concealed situation due to the forestry plantation and the topography.

Only vehicles requiring loading or operational vehicles will be permitted to enter the workings. Cars and other light vehicles will be directed to the car park and reception / office facilities as illustrated on drawing no. TP 3/1.

3.5 Road Construction

The proposed access route from the reclamation site to Crumlin Road can be sub-divided into two distinct elements. Drawing TPS3/1 illustrates the route from the reclamation site to Cefn-y-crib Farm access. Drawings TPSS/02 and C777/SD-E illustrate the route from the Farm to Crumlin Road. Both elements are described below.

i. Reclamation Site Entrance to 100m south of Cefn-y-Crib Farm Access

This section of the road system runs from the reclamation site entrance, for a distance of approximately 930 metres using Blaen-y-Cwm Road. The egress from the reclamation site will be configured to encourage left-turn movements and will be located to ensure that the maximum visibility to the right is achieved. It is not intended to construct the junction in such a way that all right-turn movements will be prohibited. This will allow for occasional local deliveries to the north, although the nature of the reclaimed material is such that this market will be very limited.

The existing road will be widened to 4.5 metres minimum width. The extra width will not allow for two-way traffic but will ensure that lorry wheels will not impinge on the pavement edge which could result in its degradation. As shown on Drawing TPS 3/1, all widening of the carriageway will be undertaken on the side of the road open to the Common (south-west). The road will not be increased to a width greater than 6.0 metres in order to avoid creating a length of highway along which speeds will be significantly increased.

In terms of lining, edge of carriageway line markings will be provided to mark a 3m lane centrally along the road. At particular locations along the route the land falls away from the road sharply. At these locations the road will be widened to 5.5m minimum and a ribbed white edge line will be provided 2m from the edge of the carriageway on the side of the drop to encourage vehicles to keep away from the edge.


One formal passing place will be provided approximately half way between the reclamation site access and the turn off to the private haul route. The location of this is shown on the central section of the layout shown on Drawing TPS3/1. The passing place will be 7.3 m wide x 15m long. In addition to this, a paved surface will be provided at the junction of Blaen-y-Cwm Road with the unsurfaced Pen-yr-heol Road. This will allow vehicles to pass if necessary.

A minimum one metre verge will be provided on both sides of the road with widening on the bends to achieve 90m forward visibility. At the locations where the common is at the same level as the road or lower, the verge will not be built up. Where the common is higher than the road it will be lowered to create the verge with cutting slopes at 1 in 2.

The road will not be fenced off from The Common to avoid any restriction on the movement of livestock.

ii. 100m south of Cefn-y-Crib Farm Access to Crumlin Road.

This element of the road will consist predominantly of a new section of private highway measuring in total some 2.1 kilometres in length. This section will be constructed to adoptable standards but will remain as a private road. Accordingly, gating provision will be made to ensure that it is only used by vehicles associated with the reclamation proposal. In addition, approximately 200 metres will pass along Cefn-Crib Road, past the farmhouse of the same name.

The layout of this section of the route is shown on Drawing TPSS/02 and has been aligned in order to:

1. minimise the land take of the road and its associated construction by achieving an alignment that ensures that the proposed development can be constructed within a 10m corridor of the centre line (5m either side). The cross sections shown on Drawing C777/SD/E show how the amended layout achieves this;

2. reduce the number of larger trees (i.e. those with a diameter at breast height 200mm) that will be at risk from the alignment; and

3. reduce the potential impact on bat roosts.

The differences between the 2006 route and the current alignment are shown on SSES/03.

In order to minimise the potential for conflict between vehicles associated with the reclamation project and other road users and communities, a series of measures are proposed that will prevent HGV’s from using local public roads. In order to prevent vehicles passing through Pantygasseg to the east, weight restrictions will be imposed at the junctions of the access road with Cefn-Crib Road and Blaen-y-Cwm Road. The Applicant has given consideration to closing off one arm of the fork in the vicinity of the Old School House and Bwthyn-tr-ysgol, but in the interests of residential amenity proposes weight restrictions instead.

Similar weight restrictions will be implemented on Cefn-Crib Road to the west of the access road in order to protect the amenity of the properties at Cefn-y-crib and Hafodyrynys.

To the east of the main access point at Crumlin Road, lies Old Furnace, beyond which is Pontypool and surrounding settlements. All vehicle movements will be ordered to make a right-hand turn when exiting the access road, in order to ensure that they are directed towards the A472. The Applicant proposes a comprehensive signing programme, to be agreed in detail with the local highway authority, to ensure compliance, allied with appropriate weight restrictions.


In order to ensure that all mitigation measures are complied with, the Applicant will enforce a Code of Conduct with all hauliers that use the site, as well as enter into a binding legal agreement prior to the issue of any planning permission. This will ensure that the signage and weight restriction measures are implemented and enforced, and also that any routing agreement deemed necessary by the Authority can be formalised through the planning system.

Part of the alignment of the haul road was cleared in 2011 in order to access the land for agricultural purposes. The initial element of this part of the haul road will be the surveying and setting-out on the ground of the entirety of the proposed route. Work will commence on its construction at the highest point on the land adjacent to Tir-Shon Shenkin farm, following the alignment of existing unmarked farm tracks towards Crumlin Road.

In order to facilitate construction, sections of approximately 100 metres in length will be cleared of remaining vegetation including trees. This will be undertaken manually with brush cutters and chain saws along with mini-excavators following the completion of any additional ecological surveys that may be required (see section 8.0). The extent of tree felling will be kept to a minimum in accordance with the strictly defined extent of the road alignment.

Excavation works will take place within this corridor with vehicle movements taking place along the road alignment rather than on the open hillside. This will be for both operational reasons and to limit the clearance of vegetation.

All topsoil will be removed by hydraulic excavator and articulated dump trucks and stored within the reclamation site. The subsoils and rock fill will be excavated using a 15-tonne excavator loading two 25 tonne articulated dumptrucks, creating a roadway width of 3.95m for the single carriageway stretches and 7.10m for passing bays. Any surplus excavated materials from the haul road will be transported to the Tir Pentwys Cut reclamation site for further processing when the reclamation scheme commences. It will not be used as fill material to ensure maximum stability of the haul road.

The earthwork slope to be cut when forming the roadway will be created at a 1:1 slope and stabilised with a retaining wall system (crib-wall or similar). Associated with this will be a drainage channel to carry surface run-off water. This channel will run parallel with the haul road with drainage gullies crossing beneath the road at 100m intervals to drain run-off from the hillside above the road down the hillside in a diffuse, rather than concentrated, manner such that the road will have the minimum impact on the run-off characteristics of the hillside.

Edge protection during the construction phase will consist of large boulders interfilled with granular material derived from the construction works or from the reclamation site.

The road surface itself will be constructed to sub-base standard using a compacted capping layer placed to a depth appropriate to the varying sub-soils along the route of the road. A granular sub-base will be placed over the capping layer to provide additional strength and to regulate any surface irregularities prior to the application of the bituminous binder and surface courses.

Upon completion of the surfacing, a steel safety barrier (Armco or similar) will be erected as edge protection on all tight bends and where there is significant risk to vehicles that may leave the haul road.

The junction of the haul road with Crumlin Road will be set out with visibility splays of 4.5m x 130m westwards and 4.5 x 215m eastwards. The junction layout includes appropriate fencing, gates, signage and drainage arrangements, which will be agreed in detail with the local highways authority. In addition an ‘Escape Lane’ has been incorporated within the


layout which has been designed for an entry speed of 85kph. Traffic signs to prevent unauthorised use of the road along with gates will be provided at all public road accesses. All gates will be closed during non-operational hours.

The lower part of the route includes a number of statutory public rights of way and unofficial paths. The latter will be diverted along earthworks as shown with steps to be provided in the event that a slope exceeds 1in3.

The public footpaths that cross the line of the road will not be diverted. However steps will be provided on earthworks slopes to provide a safe route for pedestrians along the existing line. All pedestrian crossings of the surfaced haul road will be marked out at right angles to the road line and suitable signs will be installed to warn footpath and road users of the presence of the crossing points and the users of the road and rights of way.

3.6 Road Stability

A detailed Geotechnical Assessment has been prepared to address issues raised by the previous submission. The full assessment is included (digitally) at Appendix 3/1. It concludes the following in respect of rock slope engineering, overburden slopes and road construction:

3.6.1 Engineered Rock Slopes

Analysis of the potential for structurally controlled failure mechanisms demonstrates that planar, wedge and toppling failure is unlikely to occur for the proposed access road design orientation and cut angle. Given the relatively simple distribution of joint orientations and their generally steep dip (>70o), the proposed design is favourable with regards to the kinematic potential for failure of the underlying rock mass. Due to the limited exposure of rock along the existing track, the discontinuity data set is smaller than would normally be used for final design purposes. It is recommended that prior to commencement of construction, additional discontinuity measurements are made to reinforce the predictions made. This is particularly relevant for the lower section beyond the end of the existing track where no rock exposure is present. This area is proposed to have the deepest cutting stability is related to face height and therefore will have the highest inherent risk from failure.

Although the research undertaken and the analysis indicates that the underlying structural geology and hence slope stability will not be significantly different to that already observed; specific confirmation should be obtained. On the basis of the available information, it is believed that future data and analysis will demonstrate that risks are low/moderate although this should be confirmed. The overall stability will be enhanced by carefully controlling the methods of excavation and adopting an observational approach to allow modification to the overall design. Despite the favourable analytical results, it should be noted that there are a number of random joint orientations which could result in a kinematic risk of localised failure. The random joints and the presence of faulting may result in small scale, localised rockfalls. Therefore the final design should incorporate some form of rockfall protection, particularly where higher cut slopes are proposed. Protection measures such as rockfall drapery mesh, catch fencing or catch trench/bund should be incorporated into the design. As space is limited it may not be desirable to increase the width of the road and the preferred mitigation method for rockfall could be through slope stabilisation. This could include rock bolting and meshing of all significant slopes to contain discrete blocks.


As an alternative, shotcreting of the face would prevent localised rockfall, but may be considered less visually attractive, particularly if required over large areas. Shotcreting or sealing of the rock surface should be used with caution, particularly where ephemeral groundwater seepages may occur, as this can lead to a localised increase in pore water pressures resulting in mass failure, even where discontinuity alignments are favourable.

3.6.2 Overburden Slopes

Over burden soils in the areas of proposed rock cut are likely to be between 2m and 3m deep. These will require artificial support to ensure that extensive cut slopes in these areas are avoided. It is recommended that suitable stone from the rock excavations are used to fill wire mesh gabions that can be used to support these soils.

3.6.3 Road Construction

Due to the steep surface gradient in the south of the route, it is not recommended that any areas of the road are formed by placement of fill. Any fill placement will be required at an angle of approximately 45° which is unlikely to remain stable in the long term unless engineered with care from coarse, free draining fill. In addition, any fill would require stepped keying into the hillside to reduce risk of sliding failure of the constructed embankment and may necessitate the use of rock bolting, mesh, gabions or other engineered solution to ensure stability is maintained. By forming the lower road section by cut alone will remove the need for an engineered embankment onto which the road will be constructed. Realignment of the route should not be carried out without a detailed geotechnical reassessment as a change in orientation of the cut slopes may result in an increased risk of failure.

3.7 Road Landscaping

To reduce the potential impacts of the proposed road, particularly in its upper valley section, it is proposed that a series of new beech hedgerows and an extension to the existing woodland will be created.

This will include a significant area of woodland planting adjacent to the western-most section of private road. The planting will extend the area of existing native woodland up the valley slope and enclose the tight curve at the western most section of the road. This woodland will over 5-10 years develop sufficiently to begin screening the traffic using this section of road from some of the footpaths on the south valley side of Cwm y Glyn. The woodland will be extended out to existing field boundaries or new beech hedgerows planted along its edge to form new field boundaries where required.

Similar hedgerow and woodland planting will be carried out to sections of the private road adjacent to Cefn-Crib Road to re-enforce existing vegetation and will replace vegetation lost during the road construction.


4.0 PLANNING CONTEXT

4.1 Introduction

Given the length of time since the original and supplementary submissions, national and local policy has changed significantly. The following reviews the key policy considerations.

4.2 Planning History

There are no known other applications or permission for development which affect the amended application site boundary. As stated above, no planning application has been submitted in respect of the western part of ‘The Cut’ that lies within Blaenau Gwent.

4.3 National Planning Policy

4.3.1 Planning Policy Wales 2012

PPW sets out the land use planning policies of the Welsh Government, supplemented by a series of Technical Advice Notes. It confirms that because of the differences between mineral working and other forms of development, the Welsh Government’s land use planning policies for minerals development are contained in a separate document (Minerals Planning Policy Wales 2000), which sets out policy in relation to short and long-term future use of minerals, and the safeguarding of mineral deposits (paragraph 1.1.6).

The common themes of PPW and MPPW are to regulate the development and use of land in the public interest; to make land available for development to meet society’s needs; and to ensure that development proceeds in accordance with the principles of sustainable development (PPW paragraphs 1.2.1 and 1.2.2, and MPPW paragraph 7).

In the context of these common themes, the fact that MPPW deals specifically with minerals policy, and the relevant environmental topics and issues referred to in PPW are also discussed in MPPW with specific reference to minerals, this chapter focuses on the content of MPPW as the key statement of national planning policy relevant to minerals.Minerals Planning Policy Wales

4.3.2 Minerals Planning Policy Wales

The MPPW was issued in 2000 and has therefore been assessed in the context of this application. The assessment remains valid and is set out below:

This guidance sets out the broad principles to be adhered to in the preparation of development plans and the determination of individual planning applications. In particular, it emphasises that “development plans should encourage the recycling of construction and demolition wastes as well as mineral and industrial wastes” (para 56) as part of a broad approach to the efficient use of minerals. This theme is reflected in the guidance on aggregate minerals where it is stated: “in order to conserve natural resources, particular emphasis should be given to increasing the use of alternative products to primary materials where appropriate”.

The approach taken is based upon the ‘principles of sustainable mineral development’ as set out earlier in the guidance in paragraph 10. These key principles are to:

• Provide mineral resources to meet society’s needs and to safeguard resources from sterilization

• Protect areas of importance to natural or built heritage


• Limit the environmental impact of mineral extraction

• Achieve high standard restoration and beneficial afteruse

• Encourage efficient and appropriate use of minerals and the re-use and recycling of suitable materials.

For the reasons expressed previously, and in other sections of this document, it is considered that the plans for Tir Pentwys accord with each of these principles.

Minerals Planning Policy: Wales also recognizes the differences between mineral working and other forms of development. At paragraph 5 the main differences emphasized are as follows:

• Extraction can only take place where the mineral is found to occur;

• It is transitional and cannot be regarded as a permanent land use even though operations may occur over a long period of time;

• Wherever possible any mineral workings should avoid any adverse environmental or amenity impact; where this is not possible working needs to be carefully controlled and monitored so that any adverse effects on local communities and the environment are mitigated to acceptable limits;

• When operations cease land needs to be reclaimed to a high standard and to a beneficial and sustainable after use so as to avoid dereliction, and to bring discernible benefits to communities and / or wildlife

These features apply in respect of the development proposals for Tir Pentwys, and this document explains the measures that would be taken to ensure that environmental effects are minimized, and the land is restored effectively and sympathetically.

Given that Tir Pentwys Cut has the potential to supply aggregates to a high specification the guidance in respect of these materials is also relevant. At paragraph 69 it is stated:

“Aggregates suitable for road surfacing construction and maintenance, where high specification aggregates are required for skid resistance, are of importance to the UK. The fundamental characteristics of these materials, which distinguish them from more general–purpose aggregates, are their ability to meet the stringent specification required for road construction and repair. Research has been undertaken to identify sources of material that would be suitable for road surfacing, and significant resources occur in Wales. Although new road building has declined, authorities should identify potential high specification aggregate resources and consider whether there is a need to protect these resources and potential rail connections to the resources from sterilisation in UDP policies. The importance to the UK of these minerals should be taken into account when planning applications are being considered together with other policies in this guidance.”

In the context of this policy guidance the potential for the site to supply aggregates of recognised importance from a secondary source represents is a factor that would weigh substantially in favour of the proposed development.

4.3.3 Mineral Technical Advice Note 1: Aggregates (MTAN1)

MTAN1 was published in 2004 and reviewed in the SES dated 2006 as follows:

With regard to resources of hard rock aggregates MTAN1 notes that “Wales has a plentiful supply of hard rock resources but it is still a fundamental objective to conserve natural resources for their intrinsic qualities and possibly for future generations to exploit, particularly those in relatively short supply. These include resources suitable for use as road surfacing


materials with high skid resistance”. This implies recognition that resources of material suitable for skid resistance aggregates are in relatively short supply.

In relation to the use of secondary aggregate resources, MTAN 1 states at paragraph 34 that “The Wales Waste Strategy” and the Assembly’s Sustainable Development Scheme both stress the need for waste minimisation and the prudent use of natural resources. Accordingly, there must be a concomitant change in the pattern of supply of aggregates. It is of course acknowledged that it will take time to change current patterns to ensure an increase in the proportion of supply from recycled, secondary and waste materials and a proportional reduction in the amount of primary resources extracted”.

Paragraph 34 of MTAN1 goes on to state that the “need for change in the pattern of supply through increased use of secondary and recycled materials is particularly important in Wales where recycling for use as aggregates has not been as advanced as in other parts of the UK” and paragraph 34 of the MTAN states that “The Assembly, with the support of the RAWPs, will take every practicable opportunity to promote recycling”.

It is concluded, therefore, that in recognition of the short supplies of skid resistant aggregates, which the application site will produce, and the support for the use of secondary aggregates, that there are strong policy presumptions at national level in Wales for the development of the Tir Pentwys reclamation site.

4.4 The Development Plan

The 2006 SES reviewed the content of the emerging Unitary Development Plan, but this was never formally adopted. Accordingly, the prevailing development plan for the County Borough remains as it was at the time that the original application was submitted:

(i) Gwent Structure Plan (1991-2006); and

(ii) Torfaen Borough Local Plan.

Gwent Structure Plan (1991-2006)

The Gwent Structure Plan was formally adopted in 1996. On the Key Diagram, which is an integral part of the Plan, the site is shown to be within a Special Landscape Area to which policy C5 applies. Special Landscape Areas represent areas judged to be of importance at a local level, and they are sub-ordinate to national designations (ie National Parks and Areas of Outstanding Natural Beauty). Therefore, they do not signify a presumption against development, but it is required that proposals “need to be given careful consideration”. When development is permitted it is normally required to be complementary to the landscape, have no significant impacts or provide for an enhancement.

The site is not shown to be subject to any other strategic planning constraints or proposals.

The Structure Plan sets out a number of minerals policies of which the most relevant are M1, M8 and M9. Policy M8 states:

“The County Council will support the use of colliery waste as a substitute for primary aggregates subject to the criteria of policy M1 and to the provisions of any land reclamation schemes”.

The proposed recovery of aggregate grade materials from the former tips at Tir Pentwys Cut is consistent with this policy, and would represent sustainable development. The operations


would make a potentially significant contribution to aggregates supply without the exploitation of primary resources. Policy M1 to which policy M8 refers provides that:

Policy M1

“Proposals for mineral development will be considered against the following criteria as appropriate:

i. The acceptability of the impact upon neighboring communities of the operations and associated works, paying particular attention to noise, vibration, dust and safety.

ii. The consequences of traffic movements likely to be generated by the proposal. iii. The effect on the landscape of the area in both the near and long term. iv. The effect on surface and sub-surface drainage and water supplies in both the near

and long term. v. The effect on the nature conservation interests of the site and adjoining areas in both

the near and long term, paying particular regard to areas designated for nature conservation purposes.

vi. The effect on agricultural interests in the area in both the near and long term. vii. The effect on archaeological interests in the area in both the near and long term. viii. The duration of the operations, restoration and after-care works. ix. The economic contribution of the proposals including the need for the mineral

alternative sources of supply, alternative materials and the employment opportunities likely to be provided.

x. The existing nature and condition of the proposed site and extent and nature of any improvements that will result from the operations.

xi. The likelihood of minerals being sterilised by other forms of development. xii. The extent of damage to or interference with, or improvement to and enhancement of

other existing or proposed uses and amenities.”

From the available knowledge of the circumstances at Tir Pentwys Cut it is considered that criteria (ii), (iii), (ix), (x) and (xii) are worthy of closer examination in the context of the site.

With regard to the implications for traffic generation, this matter was subject of a detailed assessment in the SES. For the purposes of this submission, consideration has been given to the destination of the material based on current markets. The results of this exercise are presented in section 11.

Criteria (iii), (x) and (xii) are related insofar as they deal with landscape and enhancements to the local environment and amenity. The site is an unrestored remnant of a much larger mineral excavation, and due to its form and condition is at odds with the surrounding landscape. Moreover, it has attracted fly tipping on a significant scale, and this contributes to the adverse impact. Therefore, the proposals offer an opportunity to make a positive contribution, and provide for the reclamation of the land. Such reclamation is not available by any other practicable or economic means.

In the context of criterion (ix) the proposals provide for a sustainable source of aggregates supply, and will create new employment to the benefit of the local economy.

Structure Plan policy M9 relates specifically to mineral developments for aggregates production as follows:

“In considering proposals for the winning and working of stone the County Council will seek to maintain the County’s proportional level of contribution to regional and national needs for aggregate minerals. Production will normally be from existing working quarries or


extensions thereof and not from opening of new quarries or the re-opening of disused quarries. Proposals will be considered against the criteria of policy M1.”

This policy relates to proposals for the extraction of minerals from primary, land won sources. Its purpose is to provide a general limit on such activity, and as has been emphasized in this document the production of secondary aggregates at Tir Pentwys would provide a sustainable alternative to new quarry development.

Other general policies of the Structure Plan may also have some relevance. None are considered to have any particular significance save for policy T10 which establishes a presumption against development that generates substantial volumes of heavy goods vehicle traffic and for which there is no acceptable connection to designated strategic and county routes. The proposed access arrangements that are part of this submission ensure a ready connection with the appropriate highway network.

Torfaen Borough Local Plan

The Local Plan was formally adopted on 27 July 2000. Consistent with the Structure Plan, the Proposals Map within the Local Plan shows the site to be within a Special Landscape Area to which policy E2/1 is applicable. This aspect has been examined earlier, but it is worth emphasising that it is recognised that mineral working, in circumstances such as those at Tir Pentwys Cut, has the ability to provide for landscape enhancement. Moreover, it will have been noted from the previous section that the restoration scheme would incorporate arrangements for habitat creation for the benefit of nature conservation, supporting the aims of the local Biodiversity Action Plan.

The Local Plan contains no policies in respect of minerals.

4.4.1 Torfaen Local Development Plan

The Torfaen LDP is currently being prepared. The deposit Plan Written Statement was issued in March 2011, with a Statement of Focused Changes published in April 2012. The emerging LDP includes two significant changes from existing local policy that have the potential to influence decision making at Tir Pentwys. The site is no longer within a Special Landscape Area (Special Landscape Area) and the Cut is proposed as a ”Preferred Area for Aggregates”. Paragraph 7.1 (i) below considers the Special Landscape Area issue in the context of landscape considerations. The identification of the site in the emerging plan is included at Policy M3 of the Deposit LDP (as amended by the Focused Changes Document). M3 Tir Pentwys Preferred Area for Aggregates Land at Tir Pentwys (near Pontypool) is allocated as a Preferred Area for Aggregates as shown on the Proposals Map; within which proposals for the extraction of approximately 7 million tonnes of aggregates may be permitted. Policy Justification 9.32.1 The Regional Technical Statement (RTS) on Aggregates, based upon an estimated consumption in Torfaen of approximately 400,000 tonnes of primary aggregate per year, requires the LDP to make provision for the extraction of 5 – 6 million tonnes of aggregate between 2006 and 2021. This figure assumes that maximum use has been made of recycled aggregates to minimise the need for new mineral extraction. National planning policy also requires there to be a 10 year land bank of permitted reserves at the end of the Plan Period, which equates to an additional 4 million tonnes (10 years x 400,000 tonnes). However, given


that the LDP is not expected to be adopted until April 2013 the plan should make provision for up to 7.2 million tonnes (18 years x 400,000 tonnes); noting that the Tir Pentwys has an estimated reserve of approximately 6.95 million tonnes. The Aggregate Safeguarding Areas identified in Policy M1 above, have been refined to identify the Tir Pentwys Preferred Area under this Policy, as shown on the Proposals Map. A full explanation of this refinement process is contained in the Aggregates section of the Minerals Background Paper. However, by definition, a Preferred Area is an area of known mineral resource with some commercial potential, and where planning permission might reasonably be expected. Any planning application for aggregate extraction will be considered against National Policy and other policies of this LDP. It should be noted that, given the lack of much more detailed geological data, it has not been possible to identify specific sites for allocation. 9.32.2 Part of this allocation is the subject of a current planning application for the recovery of approximately 4.75 million tonnes of secondary sandstone aggregate from the old Tir Pentwys Open Cast Coal Site. It is acknowledged that this proposed designation does not impose any certainty on the winning of sandstone, but it does establish that the principal of recovery and restoration is considered to be acceptable in principle, based on the need to meet national and regional needs in terms of quality, and to partially meet local need in terms of quantity of aggregate won..

4.5 Other Considerations

4.5.1 Alternatives

Within the planning process applicants are not normally required to discuss the merits of alternative sites. The exception is where an Environmental Statement is required.

Welsh Office Circular 11/99 explains that the EIA Directive and the Town and Country Planning (Environmental Impact Assessment England and Wales) Regulations 1999 “do not expressively require the developer to study alternatives” (paragraph 83). However, it adds that “the nature of certain developments and their location may make the consideration of alternative sites a material consideration”

Part II of Schedule 4 to the Regulations specifies the information that must be included within the Environmental Statement. This includes:

“An outline of the main alternatives studied by the applicant of appellant and an indication of the main reasons for his choices, taking into account the environmental effects”.

4.5.2 Access Alternatives

In the case of this amended scheme, alternatives have been examined following the consideration of the northern access route, and other alternative access routes, as part of the original application. It is not intended to re-consider these in this document, although since the 2006 submission, the planning authority has requested that consideration is given to the potential for alternative methods of removing the aggregate from the site, other than by road..

The alternative mechanisms that have been considered are:

• Conveyor

• Cable car / Bucket

• Vernacular Railway


In general terms, each of these proposals would require double (or more) handling of the material, multiple transfer locations and/or additional land-take. In terms of land-take and handling, all potential alternative solutions would require additional land for their construction alongside Blaen-y-cwm Road. There would be more significant amenity, environmental and visual impact implications of the retention of such a feature over the life of the scheme than any impact as a result of the modest road widening proposed. These concerns could be overcome by the material being transported by road to Cefn-y-Crib Farm before transfer to a conveyor/bucket etc. Again, the implication of some form of transfer facility (likely to be in the region of 1ha. in size) in the vicinity of the farmhouse has the potential for more significant environmental implications than the construction of a road through a working farmyard.

Each of the potential methods of transporting the material down the hillside would also have implications on the existing woodland. Having been transported to the Crumlin Road by the alternative method of transport, the material would then need to be loaded onto road-going vehicles for onward delivery. Again, this would require the construction and operation of some form of transfer facility, to include a bridge over Crumlin Road, to a location possibly in the vicinity of the Washery in the narrow strip of land between Crumlin Road and the A472. Again, there is the potential for further environmental impacts, and the Applicant has no control over any land to the south of Crumlin Road.

More specifically, the issues associated with each of the options considered are summarised below:

• Conveyor

Conveyors are often used in mines, quarries and aggregate processing plants to transport materials, often over very long distances. Conveyors can be designed to accommodate significant gradients through both inclined belts and hopper arrangements. Typical gradients for conveyors are around 12 degrees: it is likely that the construction and maintenance of any conveyor in this location would need a landtake of the woods similar to that of the haul road.

• Cable car / Bucket

The use of cable cars/buckets has historically been widespread throughout the UK and in Wales in particular. It is understood that an arrangement has previously been used in the vicinity of the development site. However, the last cable bucket system operation in the UK was dismantled in 2009 due to issues associated with maintenance and health and safety regulations.

Any cable system in Cwm y Glyn would need to include at least one pylon within the woodland, maintenance/access tracks and the on-going lopping of trees along the route. A further specific limitation of such a scheme is likely to be associated with transport capacity. Whilst no formal assessment of the rate of transport achievable by such a scheme has been carried out, it is anticipated that quantities will be lower than those achievable by a conveyor or haul road option.

• Vernacular Railway

Vernacular railways have been used throughout the world for centuries to provide access to steep slopes. A vernacular system relies on gravity to propel a pair of cars up and down a set of parallel rails. The mass of the upper car is increased until it exceeds that of the lower car. Gravity then propels the two cars up and down the tracks. Water is traditionally used, pumped into and out of tanks on the cars, to provide mass to the cars. In the case of Tir Pentwys, the land take would be significant, there is no immediately obvious source of water,


and the absence of any similar scheme in the UK suggests that such a system is no longer effective.

Limitations to Alternatives

All of the alternative options presented above rely on relocating the process of loading material on to trucks away from the immediate vicinity of the quarrying operation. This results in the requirement for a second and/or third handling facility as part of the development. The adoption of an alternative transport solution such as those considered above will not result in any significant environmental advantages, and will lead to uncertainty over the operations in the event that the selected method is not practicably implementable.

In conclusion, it is considered that the proposed design is appropriate in the context of the scheme. Any detailed site investigation at this stage has the potential to be detrimental to the proposed Ancient Woodland which, in the absence of any planning permission would not be in the best interests of the environment. The principle of the road alignment has been established and is included in the planning application for your deliberation.

4.5.3 Alternative Supplies

The potential for alternative supplies to be realised is of greater relevance and has been subject to change since 2003. In terms of Tir Pentwys there are three aspects of alternative supply that demonstrate the significance of the reserve:

• National Importance of Sandstone;

• Alternative Regional Supplies; and the

• Emerging Local Development Plan.

These are considered below.

(i) National Importance of Sandstone

Since the original planning application was submitted In October 2003, and amended in 2006, there have been significant fluctuations in the economic prosperity and prospects for Wales and the UK. The period of determination thus far is such that the economic cycle has been reflected in the construction industry during the last ten years. It is acknowledged that in the short-term, the construction industry is expecting limited growth: Government (UK and Wales) funding constraints and the lack of available private finance means construction expenditure on education, health and housing projects will be limited.

However, generally the mid to long term projections are more positive, and there are indications that the UK Government is relaxing austerity by investing in infrastructure projects in order to stimulate growth. In this respect, a number of major infrastructure projects in southern Britain are at various stages of construction and/or planning, including;

• London Cross rail project (est. value £15.9bn);

• Thames Tideway Tunnel (£4bn);

• Heathrow Terminal Two (£800m);

• HS2 (Phase 1) (£16bn);

• HS2 (Heathrow Spur) (£1.5bn);

• London to Swansea Electrification (£1bn);

• Severn Barrage (£25bn); and

• Hinkley Point C (£12bn).


Whilst the direct supply of Tir Pentwys material to these projects is not established (and markets cannot be finalised until planning permission is granted), an additional source of high PSV (Polished Stone Value) sandstone into the southern UK market will provide a significant advantage to asphalt producers.

More locally, the Welsh Government has initiated a scheme in which it has borrowed some £170 million to expedite road repairs over a three year period. The demand for high PSV sandstone will also be enhanced by the trend of local highway authorities to increase thickness of surface dressing in order to secure better value for money in terms of road repairs.

Since the submission of the planning application in 2003, the minerals planning authority and the Applicant have both considered the significance of the Tir Pentwys reserve on a national (i.e. UK) scale. Much of this consideration has been based on the 2004 Capita Symonds report: “The Sustainable use of the High Specification Aggregates for Skid-Resistant Road Surfacing in England”, which includes recommendations for a UK approach to high PSV provision and supply. This approach is enshrined within Minerals Technical Advice Note (Wales) 1: Aggregates, at paragraph 42, which recognises the importance within the UK of the Pennant Sandstone formations in terms of quality and the prospects for it being worked. Furthermore, the TAN identifies the material as being:

“a special case that may well justify transportation over long distances because of the national need for the provision of the specific type of material with limited availability.”.

This guidance further enhances the case that the reserve at Tir Pentwys is such that permission should be forthcoming. The terms of the MTAN, and the relative proximity of the Tir Pentwys site to what can be considered to be the main centres of demand support the application for the recovery of this important resource from the site.

(ii) Suitable Alternative Regional Supplies

In terms of supply, consideration has also been given to other sources of sandstone within South Wales, as listed in the South Wales Aggregates Working Party: Annual Report 2010 (Table 12):

Cefn Cribbwr Quarry, Bridgend CBC: Dormant

Hafod Quarry, Caerphilly CBC: Significant reserve, but understood to be generally low PSV

Bryn Quarry, Caerphilly CBC: Planning Application for extension submitted September 2012. Currently undetermined.

Ty Hywel; Carmarthernshire CC: Predominantly Shale

Coed Moelon Quarry, Carmarthenshire CC:

Limited Production

Pennant Quarry, Carmarthenshire CC:

Limited Production


Dinas Quarry, Carmarthenshire CC: Dormant

Foelfach Quarry, Carmarthenshire CC:

Limited Production

Garn Quarry, Carmarthenshire CC: Dormant

Alltgoch, Ceredigion CC: Dormant

Ystrad Meurig, Ceredigion CC: The Ceredigion LDP Minerals Topic Paper concludes that sandstone within the County has historically only served local and sub-regional markets.

Gelligaer Quarry, Merthyr Believed to be mothballed, but significantly remaining reserves.

Cwm Nant Lleici, Neath Port Talbot CBC:

Identified in NPT LDP Minerals Topic Paper as a nationally important reserve.

Gilfach Quarry, Neath Port Talbot CBC:

Identified in NPT LDP Minerals Topic Paper as a nationally important reserve. A planning permission for 8.4 million tonnes extension was permitted in 2012.

Gwrhyd Uchaf Quarry, Neath Port Talbot CBC:

Building Stone

Bwlch Ffos, Neath Port Talbot CBC: Reserves exhausted during 2013

Craig yr Hesg, Rhondda Cynon Taf CBC;

It is understood that there are limited permitted reserves, but a Preferred Area of Known Mineral Resource has been identified in the RCT LDP.

It can be concluded from the above that the high PSV sandstone supply is currently focussed on a small number of operational quarries within South West Wales. It should be noted that production from these sites represent a significant proportion of UK high PSV supply – there are only approximately 5 other quarries with a similar product in the UK. In terms of supply in South Wales, the following is also taken from the 2010 SWAWP Annual Report:

Table 8 Production of Aggregates in South Wales (million tonnes) 2006-2010 Type 2006 2007 2008 2009 2010 Limestone 6.99 7.80 5.99 4.49 3.64 Sandstone 3.35 3.39 3.13 2.62 2.68 Igneous 1.12 1.32 1.23 1.02 0.88 Total Crushed Rock 11.46 12.51 10.35 8.13 7.20

Sand & Gravel

Land Won 0.28 0.24 0.30 0.14 0.12 Marine 0.95 1.07 0.84 0.62 0.55


It is obvious that the production of all aggregates reduced between 2006 and 2010 as a reflection of general economic trends. However, it is significant that the overall reduction in sandstone production (20%) is less than that of limestone (48% reduction) and sand and gravel (40% reduction). This demonstrates that the sandstone market has been more robust than that of other aggregates, It can therefore be concluded that the potential to secure a secondary source of higher quality sandstone from Tir Pentwys would make a significant contribution to the supply of the material, and also seek to satisfy the general policy presumption in favour of secondary aggregates.

(iii) Emerging Local Development Plan

The draft LDP includes (at Policy M3) the Tir Pentwys site as the only potential aggregate site in the County Borough. This is significant in terms of alternatives because this allocation is based on Findings of the LDP Background Paper: Minerals (March 2011) which specifically considers the availability of aggregate resources on a regional (Gwent) and local (Torfaen) basis.

Regionally, the Background Paper relies on the “‘former Gwent’ Aggregates safeguarding study” Cuesta 2009). It is recommended that all identified outcrops within the former Gwent County should be identified as Mineral Safeguarding Areas (i.e. the potential to sterilise the mineral resource should be considered prior to other forms of built development taking place). The pennant sandstone outcrop, within which Tir Pentwys is located, is included within fig 3.1 of the Gwent study.

On the basis of this recommendation, and in accordance with the provisions of MPPW paragraph 69, all of the high specification sandstone resource is safeguarded in the LDP. Deposit Policy M1 (reviewed above) reflects this.

Section 2.3 of the Background Paper considers landbank, secondary aggregates, and areas for future working. With regards to landbank, the Paper advises that a twenty year landbank at 400,000 tonnes per annum is required: an allocation of up to 8 million tonnes of aggregate. At the time of preparation, and at the time of preparation of this SSES, Torfaen has zero permitted reserve. There are no other proposed schemes under consideration, and, in the Applicant’s consideration, no other viable aggregate resources that are likely to come forward in the plan period.

The Background Paper relies on MPPW, MTAN1 and “towards Zero Waste – One Wales: One Planet” (June 2010) to support an approach towards maximising the use of secondary aggregates as a more sustainable alternative to using primary aggregates. The Paper acknowledges, at paragraph 2.3.12, Tir Pentwys has a resource of some 4.75 million tonnes of high PSV sandstone/general aggregate that is considered as of a secondary resource.

In accordance with the recommendations of the Background Paper, the Deposit Plan Written Statement identified just one site within the County Borough as having the potential to meet the supply of aggregates: Tir Pentwys. This demonstrates that alternative sources of either primary or secondary aggregates within Torfaen are not readily available to meet the landbank requirements identified.


5.0 GEOLOGY

5.1 Geology of the Cut

The 2003 ES addressed the issue of the extent and quality of the sandstone resource at Sections 3.0 and 5.0, as well as the implications of the working technique on “wastage”. In the intervening period, additional information has been submitted to the minerals planning authority based on test results provided by the potential operator of the site. These concluded that the data collected between April 2003 and December 2007 demonstrated that:

• the Corrected PSV value for the samples is 72;

• the Mean Aggregate Abrasion Value (AAV) varies between 6.8 and 10.4;

• the Los Angeles Coefficient (LA) Co-efficient figure is 19;

• water absorption (after 24 hours) is 1.3 to 1.4%; and

• the Magnesium Sulphate Value ranges between 6 and 9%.

The 2004 Capita Symonds report “The Sustainable Use of High Specification Aggregates for Skid Resistant Road Surfacing in England” includes the following table in the Executive Summary, upon which the definition of a HSA is based:

.Property Limiting Value

Polished Stone Value (PSV) ≥58

Aggregate Abrasion Value (AAV) ≤16

Los Angeles Coefficient (LA) ≤30

Magnesium Sulphate Value (MS) ≤25%

It is clear that the submitted data clearly falls within the limiting values for each of the properties included in the Capita Symonds Report, and that the reserve at Tir Pentwys is appropriate for use in high quality road surfacing applications.

5.2 Geotechnical Assessment

As part of the consideration of the revised access route a Geotechnical Assessment has been prepared and is included in full at Appendix 3/1. The Assessment includes a desk study to provide background information to the ground conditions, and consideration of geotechnical issues of the proposed access route.

The conclusion reached in respect of the Assessment includes the following:

5.2.1 Engineered Rock Slopes Analysis of the potential for structurally controlled failure mechanisms demonstrates that planar, wedge and toppling failure is unlikely to occur for the proposed access road design orientation and cut angle. Given the relatively simple distribution of joint orientations and their generally steep dip (>70o), the proposed design is favourable with regards to the kinematic potential for failure of the underlying rock mass.


Due to the limited exposure of rock along the existing track, the discontinuity data set is smaller than would normally be used for final design purposes. It is recommended that prior to commencement of construction, additional discontinuity measurements are made to reinforce the predictions made. This is particularly relevant for the lower section beyond the end of the existing track where no rock exposure is present. This area is proposed to have the deepest cutting and, as discussed earlier, stability is related to face height and therefore will have the highest inherent risk from failure.

Although the research undertaken and the analysis indicates that the underlying structural geology and hence slope stability will not be significantly different to that already observed; specific confirmation should be obtained. On the basis of the available information, it is believed that future data and analysis will demonstrate that risks are low/moderate although this should be confirmed.

The overall stability will be enhanced by carefully controlling the methods of excavation and adopting an observational approach to allow modification to the overall design. Despite the favourable analytical results, it should be noted that there are a number of random joint orientations which could result in a kinematic risk of localised failure. The random joints and the presence of faulting may result in small scale, localised rockfalls. Therefore the final design should incorporate some form of rockfall protection, particularly where higher cut slopes are proposed. Protection measures such as rockfall drapery mesh, catch fencing or catch trench/bund should be incorporated into the design. As space is limited it may not be desirable to increase the width of the road and the preferred mitigation method for rockfall could be through slope stabilisation. This could include rock bolting and meshing of all significant slopes to contain discrete blocks.

5.2.2 Road Construction

Due to the steep surface gradient in the south of the route, it is not recommended that any areas of the road are formed by placement of fill. Any fill placement will be required at an angle of approximately 45o which is unlikely to remain stable in the long term unless engineered with care from coarse, free draining fill. In addition, any fill would require stepped keying into the hillside to reduce risk of sliding failure of the constructed embankment and may necessitate the use of rock bolting, mesh, gabions or other engineered solution to ensure stability is maintained. By forming the lower road section by cut alone will remove the need for an engineered embankment onto which the road will be constructed. Realignment of the route should not be carried out without a detailed geotechnical reassessment as a change in orientation of the cut slopes may result in an increased risk of failure.

5.2.3 Mining Legacy

It is likely that a number of recorded and unrecorded drives, adits and workings associated with Hafodrynys Mine exist at depth beneath the proposed access route. However, with the inherent strength of the Coal Measure sandstones and the significant period of time that has elapsed since the mine was last worked, it is unlikely that any additional ground movements will occur. The proposed access route will not add a significant surface load across the areas and in places, in-situ normal stresses will be reduced due to the depth of cut required. In summary, the risk from deep workings across the areas is considered to be low with regards to the proposed access road development.

Significant risk from historical shallow coal mining has been identified, particularly in the area between Tir Shon Shenkin house and Cefn Crib Road to the north. It is recommended that prior to construction that a programme of probe drilling is carried out to identify shallow


hazards and allow incorporation of remedial measures if required. Areas of former collapse may also be present in this area, particularly along the east-west line of the identified adit and line of beech trees. These areas are likely to be infilled with poorly consolidated or unsuitable, compressible material which will require removal and backfilling with suitable fill prior to construction of the overlying road.


6.0 WATER

This information in respect of the water environment within the original Environmental Statement (2003) and Supplementary Environmental Statement (2006) is unchanged.

With regards to the requested information from the EA that formed part of the Scoping Opinion, the following is confirmed:

• The consideration of geology, mining features and historic stability is included at Appendix 3/1;

• The mitigation measures proposed in Sections 6 of the 2003 ES and the 2006 SES will be implemented; and

• there is no active or passive dewatering proposed.

In terms of ground water levels, in response to the scoping opinion, the EA confirmed that the “amended changes do not have any significant impact on groundwater resources” and noted that further desk studies would look at groundwater levels prior to undertaking any necessary site investigation works.

With regard to this, because the base of the previously extracted area remains dry without the need for pumping, it indicates that the water table is located below the base of the excavation. As no extraction or deepening of the excavation is proposed and there are no plans for the implementation of a dewatering scheme as part of the works then it is considered that the hydraulic regime will be unaffected by the proposals and there should be no impacts on groundwater levels or spring flows in the area. No further site investigation works are required.


7.0 LANDSCAPE AND VISUAL EFFECTS OF ACCESS PROPOSALS

7.1 Introduction

The 2003 and 2006 submissions included visual and landscape assessments of the Tir Pentwys cut and road alignment respectively.

The Scoping Report dated 21st November requires that the following issues are taken into account:

(i) Update in relation to emerging Torfaen LDP and Blaenau Gwent LDP; (ii) Cumulative effect of extraction from area within Torfaen and Blaenau Gwent; (iii) Review of views from south side of Cwm Llanileth; (iv) Revised route of the access road; and (v) Landscape assessment in accordance with CCW LANDMAP provisions.

Each of these are considered below:

7.2 Update in relation to emerging Torfaen LDP and Blaenau Gwent LDP;

At the time of the original consideration of the proposal, the ‘Cut’ element of the application was within a Special Landscape Area (Special Landscape Area) as designated in the Torfaen Local Plan (adopted in 2000). The Landscape and Visual Effects section of the 2003 ES concluded (at para 7.3.5) that: “the application has little landscape value at present due to its history of open-cast extraction and subsequent planting of coniferous woodland. This has put it seriously out of character with the surrounding landscape.

A significant potential exists to restore this semi-derelict site and recreate a more natural landform supporting agriculture and heathland. This would meet the aims of the Special Landscape Area designation by enhancing the landscape character”

The SES of 2006 considered the proposed access road in a similar context. The landscape appraisal in that document concluded:

“The path of the proposed access crosses a number of different landscape types. Some of these would have a High Sensitivity to the proposed type of development due to their inherent value and condition, others would be less sensitive”.

The emerging Local Development Plan no longer identifies the site as lying within a Special Landscape Area. The allocation of SLAs within the County Borough is considered within the “Designation of Special Landscape Areas” (May 2011) document. Section 2.0, Study Context, of that report recognises that the previously designated SLAs covered all upland areas of the County Borough, and establishes the extent of revised SLAs based on the Torfaen LANDMAP Study published in 2002. This identified a smaller area of the County Borough warranting designation as SLAs and is reflected in the 2011 Deposit Plan Written Statement.

The removal of the SLA designation from the entirety of the site is significant in confirming that the proposed development is located within a landscape that has the potential to accommodate a scheme of this nature. It should be noted that the previous SLA designation did not preclude development, but required that “careful consideration is given to avoid significant impacts and provide enhancement”. The retention of previously proposed landscape mitigation measures will ensure no significant impacts, and have the potential to provide enhancement of the landscape that has been disturbed by historic mineral working.


With regards to the Blaenau Gwent LDP (adopted 2012), the Special Landscape Area designation remains on land adjoining the application boundary.

7.3 Cumulative effect of extraction from area within Torfaen and Blaenau Gwent;

As stated at paragraph 2.3.1 above, the part of the Cut within Blaenau Gwent is not currently subject to any planning application or permission. It is acknowledged that the site is allocated as a “Preferred Area” at Policy M4 of the adopted Blaenau Gwent LDP but this does not confer on it any certainty of the method of working or timescales, extraction rates etc.. It is therefore premature to consider the cumulative impact of the two sites.

7.4 Review of views from south side of Cwm Llanileth;

On the 15th May 2012 a further visit was undertaken to reassess the original viewpoints (Principal Viewpoints E, F and secondary viewpoints 3, 4) in locations on the southern flank of Cwm Llan-lileth. Whilst it is recognised that the road alignment has been amended it is important to note that it remains within the red-line boundary submitted pursuant to the 2006 SES.

A series of visual impact photos had been undertaken in support of the Tir Pentwys Cut project. Appendix 7/1 includes comparative photographs for each of the viewpoints: it should be noted that these do not represent part of the formal Landscape & Visual Impact Assessment (as submitted in 2006), but are for indicative purposes only.

Principal Viewpoint E:

The updated viewpoint does not show any significant changes except that the trees in the foreground have grown taller and broader. There is also evidence of the initial soil strip of the proposed new access road visible from across the Cwm y Glyn Valley.

Viewpoint 3:

Due to significant tree growth on the slopes just beneath the public right of way, the views of the proposed new access road have been almost completely obscured form the original viewpoint. To the east of the original viewpoint the occasional break in the tree cover allowed slight views from this slightly modified viewpoint.

Viewpoint 4:

Viewpoint 4 was difficult to locate due to the significant tree growth on the slopes beneath the public right of way. The original viewpoint (and locations in proximity to it) has now been obscured by the tree growth offering little opportunity of sightlines to the proposed new access road.

Viewpoint F:

At the time of the visit it was not possible to gain access to Viewpoint F. Previous footpaths could not be found that identified the previous viewpoint. It is believed that the paths have been lost due to the tree growth since the last site visit and as such a comparison of the current view to the original view was not possible. It should be noted that at the time of the visit the trees in the bottom of the Cwm y Glyn Valley have almost doubled in height.


7.5 Revised route of the access road;

It is not considered that the revised route of the road is such that there is any significant difference to the conclusions reached in respect of visual impact from the 2006 SES. This is demonstrated on Drawing SSES/03, which illustrates that the maximum variation from the previous route is some 20m.

7.6 Landscape assessment in accordance with CCW LANDMAP provisions

The LANDMAP surveys within the areas of both the ‘Cut and access road elements were undertaken on behalf of CCW between 2000 and 2004, and were recorded in the previous submissions. Detailed baseline studies of the application site and surrounding landscape were undertaken as part of the baseline assessment in Section 7 of the original ES. This baseline study included the area of the proposed alternative access. Therefore, a summary of the original baseline is included below, with additional data included where relevant.

a) Natural Characteristics

The vegetation cover of the local area is strongly related to landform. The upper ridge is exposed and has been left un-cultivated, to become common and moorland. The slightly lower land around and at land at the top of the major valley has been settled, enclosed and is used for grazing. The steeper valley sides tend to support woodland, with the section around the alternative access being semi-natural oak woodland with some beech plantation woodland. b) Cultural and Social Factors Blaen-y-cwm Road runs down from the proposed reclamation site access and forms a sharp T junction with Cefn-crib Road. These two roads form the main communication route for a number of isolated dwellings and farmsteads within the local area. A fringe of farmland occurs to the east and south, between these roads and the steeper valley sides. The field units are generally small rectilinear and hedged. Open moorland occurs to the west and north of these roads.

c) Aesthetic and Perceptual Aspects

A strong transition occurs from the open moorland and common on the ridge top, down through the settled farmland edge and onto the steep wooded slopes of the main valley. The moorland is open and exposed with distant views. It has a smooth rounded form with few vertical elements. The agricultural land in contrast tends to be enclosed with hedgerows and hedgerow tress forming a defined field pattern of small regular fields. The landform is sloping with some open views. The steep wooded valley character is one of tight enclosure and steep slopes. The terrain is difficult to traverse due to the slope and undergrowth, giving the interior a remote feeling notwithstanding the major traffic corridor in the floor of the valley.

d) Landscape Dynamics

The various landscape types of moorland/common, farmland and wooded valley side are clearly defined by exposure and slope gradients. Little overall change will be likely to occur


without the proposed new access. However, without the proposed reworking of Tir Pentwys cut, an opportunity to restore a disturbed and coniferous clad landscape will not occur.

e) Classification and Evaluation

A classification of the existing landscape was carried out within the original ES. Since that time the Landmap data for the area have been published. The Landmap data correlate with that original assessment, but further divides the ‘Valley Side’ character type into the Landmap designations of ‘Hillside and Scarp Slopes’ and ‘Wooded Upland Valley’.

The path of the proposed alternative access cuts across parts of the following Landmap assessment areas:

• Upland Grazing (TRFNVSO19);

• Hillside and Scarp Slopes (TRFNVSO18); and

• Wooded Upland Valleys (TRFNVSO17).

f) Landscape Sensitivity

The sensitivity of the existing landscape resource is based on the following factors1:

• The value placed on the landscape;

• Compatibility of the proposed development with the existing land-uses and landscape character;

• Condition of the landscape;

• Contribution of the landscape within the site to the overall landscape character;

• The scope for mitigation of the proposed development; and

• Degree to which landscape elements and characteristics can be replaced or substituted.

The sensitivity of a landscape is categorised as high, medium, low or negligible. The route of the proposed alternative access cuts across three distinct types of landscape, as identified in the Landmap study, these being:

• Upland Grazing (moorland);

• Hill side and scarp slopes (farmland); and

• Wooded Upland Valley.

The moorland/common area is in good condition, valuable for its conservation benefits, and not particularly compatible with the building of new roads due to its open nature. Most of the land lost will be replaced by a hard road surface with no scope for replacing the lost habitat in the short term. However, the area of moorland is large and the proposed road will mostly use existing roads: only a short section will cross the actual moorland. Thus, the sensitivity is thus rated as medium to the proposed alternative access.

The farmland areas are the most compatible with the access proposals due to the presence of existing farm tracks, and screening hedgerows and trees. Most land lost within this area will be likely to be low value pasture land. The sensitivity of this area is regarded as low.

1 Guidelines for Landscape and Visual Impact Assessment (Second Edition), paragraphs 7.16 and 7.17


The wooded valley side will be the most sensitive to the type of proposals put forward due to its value as deciduous woodland (as oppose to coniferous plantation) and its good condition. In addition, the steep gradients on the valley side will require steep batters and cut slopes to accommodate the road. The sensitivity of this area is thus regarded as high.

The above factors have been considered, and it has been concluded that the Sensitivity of the area overall to the proposed alternative access is rated as High due to the wooded valley in particular.

7.6.1 Potential for Landscape Enhancement

The potential exists for landscape enhancement within the landscape by extending the woodland cover further north to include some of the steeper grazing land. In addition, planting will help to diversify the woodland age and improve its long term health. Opportunities also exist for undertaking additional management within the woodland to diversify its value and undertake some replanting.

7.6.2 Conclusions on the Landscape Appraisal of the Existing Site

The path of the proposed access crosses a number of different landscape types. Some of these will have a High Sensitivity to the proposed type of development due to their inherent value and condition, others will be less sensitive.

A significant potential exists to restore the semi-derelict site and recreate a more natural landform supporting agriculture and heathland.

7.6.3 Proposed Mitigation Measures

Mitigation Measures

Mitigation measures have been built into the proposals as they have been developed to minimise landscape and visual impacts. Given this iterative approach, the impacts before and after mitigation have not been assessed separately.

Landscaping Proposals

To reduce the potential impacts of the proposed road, particularly in its upper valley section, it is proposed that a series of new beech hedgerows and an extension to the existing woodland will be created.

This will include a significant area of woodland planting adjacent to the western-most section of private road. The planting will extend the area of existing native woodland up the valley slope and will enclose the tight curve at the western most section of the road. This woodland will, over 5-10 years, develop sufficiently to begin screening the traffic using this section of road which will be visible from some of the footpaths on the south valley side of Cwm y Glyn. The woodland will be extended out to existing field boundaries or new beech hedgerows planted along its edge to form new field boundaries where required.

Similar hedgerow and woodland planting will be carried out adjacent to sections of the private road adjacent to Cefn-crib Road to reinforce existing vegetation and to replace vegetation lost during the road construction.


7.6.4 Predicted Residual Landscape Impacts The baseline landscape assessment identified the important elements of the local landscape and their sensitivity to the proposals. The following section assesses the likely change to that base line due to the proposed alternative access.

Magnitude of Landscape Impacts

The magnitude of landscape impacts depends upon the following factors2:

• The scale or degree of change to the existing landscape resource

• The nature of the change caused by the proposed development (for example, beneficial or adverse?)

• The timescale, or phasing, of the proposed development

The scale of the changes caused can be classified as negligible, low, medium or high.

Changes in Natural Characteristics

There will be some change caused to the topography of the area through the proposed cuttings and embankments required to accommodate suitable road gradients. These changes will be generally limited in extent, although some will be significant at the location of their creation. However, given the existing steep valley gradients and small change within the local landscape as a whole these impacts are regarded as a Low Magnitude of change.

Of greater impact will be the loss of vegetation, particularly the semi-natural woodland on the steep valley side. An approximate 900m length of road will pass through this woodland, with the potential for a 10m width of clearance. This amounts to a worse case of 0.9 ha of woodland lost out of a total of over 50ha for that area of woodland. Cleared vegetation will be retained within the woodland as dead wood habitat; this will aid conservation value within the wood. Some lost woodland will be compensated for by the proposed extension of woodland to the north around the western-most end of the private access road. In addition, the edges of the road will be replanted as the earliest opportunity with either similar species or a woodland edge mix. This will allow for the diversification of woodland age and could increase the conservation value of the woodland. However, a Medium Magnitude of change will occur to this landscape component due to the proposals.

Changes in Cultural and Social Factors

Little or no change is anticipated in terms of the cultural and social factors of the local area, although some new field boundaries will be created around the edges of the proposed planting and private road.

Two footpaths that cross the line of the road will be affected along limited sections to aid the safe crossing of the proposed private road. This will include the provision of steps and crossing points as indicated on the detailed road design drawings. A Low Magnitude of change will occur to this landscape component due to the proposals.

2 Guidelines for Landscape and Visual Impact Assessment (Second Edition) Paragraphs 7.18 and 7.23


Changes in Aesthetic and Perceptual Aspects

A change will occur to the perception and aesthetic aspects of the area due to the proposed new access road. Insensitive use of road signs could bring discordant features to the moorland areas, at odds with their generally open, wild nature. The private road will be better absorbed by the agricultural areas due to their hedgerow vegetation providing screening and hiding uncharacteristic elements. The steep, almost impenetrable woodland will be affected by the creation of a straight diagonal line through its linear form, although, due to the restricted width of the road, this change will not be easily perceived. A Medium Magnitude of change will occur to this landscape component due to the proposals.

Changes in Character

The character of the local landscape as defined by the Landmap study and explored above will be subject to a Medium Magnitude of change due to the effects on aesthetics and natural characteristics.

Summary of Residual Landscape Change

The most significant landscape change will be the physical loss of semi-natural oak woodland and beech plantation woodland on the steep valley side. This in turn will have an impact on the local character of the wooded valley.

The next most significant change will be the introduction of urban signs and traffic lights into a rural setting, impacting upon the character of the moorland area.

Overall a Medium Magnitude has been given to the potential landscape changes that the proposals will introduce to reflect these effects.


8.0 ECOLOGY

8.1 Introduction

8.1.1 Background to Proposed Development

In October 2003, SLR Consulting Limited (SLR) submitted an Environmental Statement (ES) to accompany a planning application, on behalf of Peakman Limited (Peakman), regarding the recovery of secondary aggregates from a former open-cast coal mining spoil heap, hereafter referred to as ‘The Cut’, at Tir Pentwys, Hafodrynys.

After submission of the application, further consultation with Torfaen County Borough Council (TCBC) and other organisations led to the consideration of alternative access routes to the extraction site of The Cut. The applicant now proposes to obtain access via the A472 to the south of the site, along the ’proposed access route’.

Ecological baseline surveys were undertaken in 2003, 2004 and 2005 to inform the Ecological Impact Assessment (EcIA) included in the ES. A Supplementary Environmental Statement (SES)3 was subsequently submitted by SLR in May 2006 which related to the proposed access route.

Further surveys have also been undertaken in 2007 and 2010 following consultation with TCBC and Countryside Council for Wales (CCW), with a particular focus on bats.

Due to the period which has elapsed since the previous surveys were undertaken, and the non-determination of the planning application during this period, SLR understands that TCBC has requested updated ecological survey information in order to determine the application.

As such, a suite of ecological surveys have been undertaken during 2012 to inform an updated Ecological Impact Assessment (EcIA). The updated survey work and EcIA will be included within a Second Supplementary Environmental Statement (SSES), which will seek to consolidate much of the information previously garnered into a single document.

The scope of update survey work was agreed following consultation with TCBC and the CCW, copy of consultation correspondence is provided Appendix 1/1.

8.1.2 Application Site Description and Setting

Full details regarding the application site and setting are provided in Section 2 of the SSES, the extent and locations of which are shown on Drawings TPS2/1 and TPS2/2. In summary, the application site comprises of two discrete components, ‘The Cut’ and ‘The Access Route’, which are hereafter collectively referred to as ‘the site’.

These areas of the site are also summarised on Drawing H3, together with the wider area of habitats surveyed to inform ecological assessment and species surveys. These are collectively referred to as the ‘EcIA study area’.

The application boundary corresponds to the previous submission of the ES and SES, although minor changes to the alignment of the proposed access road have been made as part of the SSES application. The changes relate to an alteration of the positioning of

3 SLR Consulting Limited (May 2006) Proposed Reclamation Of Former Opencast Workings & Recovery Of

Secondary Aggregates, Tir Pentwys, Hafodyrynys. Supplementary Environmental Statement


approximately xxm proposed route through Craig Sion Siencyn and Craig Major woodland, in order to follow a recently constructed4 agricultural access track.

8.1.3 Guidance and Industry Good Practice

The scope of this EcIA, collection of baseline data, evaluation of ecological resources, description and assessment of the significance of impacts follows guidelines set out by the Institute of Ecology and Environmental Management (IEEM)5 and references therein.

Ecological surveys have been based upon the relevant guidance for each species or habitat feature concerned. Specific guidance applicable to 2012 surveys includes the Bat Conservation Trust (BCT) Guidelines6 and the British Trust for Ornithology (BTO) Common Bird Census (CBC) methodology.

The team of ecologists conducting surveys during 2012, and previous years, has been selected to ensure that competent surveyors undertook surveys appropriate to their field of expertise, for example licensed bat surveyors during bat surveys or ornithologists to conduct breeding bird surveys.

All ecologists employed by SLR Consulting Ltd are members of, or are under application for, membership of the Institute of Ecology and Environmental Management (IEEM) and follow the Institute’s code of professional conduct when undertaking ecological work.

This EcIA has been prepared by an experienced EcIA assessor and, in accordance with SLR’s Quality Management System, has been reviewed by Principle Ecologist with a detailed understanding of the application site and development proposal.

8.1.4 Approach to Assessment

The SSES relates to an application in respect of the recovery of high grade sandstone from Tir Pentwys Cut and the construction of a new access route to enable vehicular movements to and from The Cut.

The EcIA study area covers the entire application site and the surrounding habitats as shown on Drawings H1 and H2. Appropriate study areas for the protected species surveys have been selected based on the nature and scale of potential impacts for each group.

8.1.5 Consultation

A significant amount of consultation was undertaken between 2004 and 2006 during the preparation of the ES and SES, which included site meetings, written and telephone correspondence. During this period, the following personnel and organisations were consulted:

• Kris Roberts, Ecologist at TCBC;

• Steve Williams, Senior Ecologist at TCBC;

• Gwent Wildlife Trust; and

4 SLR understands that trackway was constructed by landowner during 2011 to enable agricultural vehicle

access to woodland.

5 Institute of Ecology and Environmental Management (2006) Guidelines for Ecological Impact Assessment in the

United Kingdom (version 7 July 2006). http://www.ieem.org.uk/ecia/index.html.

6 Bat Conservation Trust (2012) Bat Surveys – Good Practice Guidelines 2

nd Edition


• Erica Colkett, Richard Jones and Kate Rodgers, CCW.

The proposed scope of ecological work set out within the scoping report was initially discussed with TCBC on 22nd May 2012. Following this, the proposed scope was presented directly to the CCW and TCBC by email on the 25th May and 14th June 2012 respectively, a copy of which is provided as Appendix 1/1 of the SSES. The responses from CCW and TCBC did not raise any particular concerns with respect to the approach proposed by SLR, nor did the responses contain any suggestion or recommendation for any additional survey work to those proposed by SLR.

8.2 Baseline Data

8.2.1 Background Data and Biological Records

At the time of preparing the original ES, there was no centralised Environmental Records Centre for Torfaen County Borough.

Numerous records of flora and fauna were available from local recording groups and the Gwent Wildlife Trust to supplement the results of baseline ecological surveys that were undertaken to specifically inform the ES and SES.

During the preparation of the SSES in 2012, the following organisations or on-line resources have provided data which has been used to prepare this EcIA:

• South East Wales Biodiversity Records Centre (SEWBReC);

• TCBC;

• UK Biodiversity Action Plan (UKBAP);

• Torfaen Local Biodiversity Action PLan (LBAP); and

• Countryside Council for Wales (CCW) website.

A copy of selected external data received for the purposes of this EcIA was been included as Appendix 8/1. Full details regarding the location of protected species records etc have not been included due to confidentiality considerations.

8.2.2 Collation of Baseline Data – Habitats and Flora

Pre-existing Habitat and Flora Surveys

The following habitat surveys have been undertaken to inform the ES, SES and general updates since 2003:

• May 2003 – Extended Phase 1 habitat survey of The Cut;

• August 2004 – Phase 2 National Vegetation Classification (NVC) survey of notable habitats of The Cut;

• June 2005 – Extended Phase 1 habitat survey of The Access Route;

• June 2005 – Phase 2 NVC survey of notable habitats along The Access Route; and

• September 2010 – Updated Extended Phase 1 habitat survey of The Cut and Access Route.

2012 Habitat Surveys

An updated Extended Phase 1 survey of the application site was undertaken on 1st May 2012 to enable an informed decision regarding the nature and scope of any updated ecological surveys that will be required.


Following this, additional botanical recorded was undertaken throughout the 2012 survey season to supplement habitat information.

Due to the comparability of the habitats and species found to be present in 2012 to the previous survey of 2003 to 2010, no further detailed botanical surveys were proposed by SLR or requested by TCBC or CCW.

The detailed Phase 2 botanical surveys undertaken in 2004 and 2005 were assessed as providing a current representation of the features of interest within the study area and an appropriate basis for completing this EcIA.

8.2.3 Collation of Baseline Data – Protected and Notable Fauna

Pre-existing Data

Table 8-1 summarises the species surveys undertaken between 2003 and 2010 to inform the original ES, the SES and subsequent updates or requests from consultees.

Table 8-1 Summary of Pre-existing Surveys

Species/Group Timing Summary of Results

The Cut

Bats – roosting and foraging surveys

May to September 2004

No roosts identified, foraging and commuting of common pipistrelle (Pipistrellus pipistrellus), soprano pipistrelle (P. pygmaeus), noctule (Nyctalus noctula) and Myotid/long-eared bats.

Breeding Bird Survey April 2004 Over the surveys, 46 species were recorded, of which 21 species are regarded as species of conservation concern.

Invertebrates June to July 2004 A total of 320 species were recorded (study area extended beyond application boundary). Of these, five Nationally Scarce species were recorded,

Reptiles – artificial refuge survey

June to September 2004

No reptiles recorded.

Amphibians – presence/absence survey for great crested newt (Triturus cristatus).

May to June 2004 No great crested newts recorded, survey confirmed presence of palmate newt (Triturus helviticus), common frog (Rana temporia) and common toad (Bufo bufo).

Bats – foraging and commuting

August to September 2010

An individual common pipistrelle roost was confirmed in a quarry face, foraging and commuting noctule, lesser horseshoe and Myotid bats were also recorded.

Access Road

Bats – roosting and foraging surveys

June to October 2005

Low numbers of common pipistrelle were recorded roosting in mature hedgerow trees within/adjacent to application site boundary. Foraging and commuting was recorded from common pipistrelle, brown long-eared bat, noctule and whiskered/Brandt’s bat. A single bat assessed as being barbastelle was also observed.

Hazel dormouse – nest tube survey.

2005 No evidence of dormouse recorded.

Reptiles – artificial refuge survey

September to October 2005

Slow worm and common lizard recorded.

Amphibians – presence/absence survey for great crested newt

June 2005 and May 2006

No great crested newts recorded, survey confirmed presence of palmate newt and common frog.

Bats – daytime tree assessment and inspection.

April 2007 Four roost sites confirmed due to the presence of bat droppings. Subsequent DNA analysis of droppings that were collected identified them as common pipistrelle and


serotine (Eptesicus serotinus).

Bats – foraging and commuting

August to September 2010

No roost sites were confirmed although foraging and commuting common pipistrelle, noctule and Myotid bats were recorded.

2012 Surveys

Through a review of pre-existing surveys and background records, the following surveys were proposed by SLR and agreed with TCBC and CCW in order to provide an updated EcIA in respect of the proposed aggregate recovery and access road construction:

• Habitats – A review of existing Phase 1 survey information for the study area and provision of updated or revised habitat descriptions where appropriate.;

• Bats:

○ Update of existing information for the site on tree roost resource and follow on emergence surveys as required: Manual activity surveys (two transect routes as per 2010 work) to be undertaken between May and September 2012 (one visit per month): and

○ Roost surveys of quarry faces in the Cut.

• Breeding bird survey comprising of three survey visits.

8.2.4 Collation of Baseline Data – Constraints

Weather patterns during 2012 resulted in unusually high levels of rainfall during the Spring and early Summer months. Whilst survey visits were planned and undertaken during the most favourable period of weather possible, there were occasional periods of rain during certain surveys, although this is considered to be a fair representation of the typical conditions of the site in any year due to its upland fringe setting within the South Wales valleys.

Access to certain areas of the site is restricted due to the slope gradients and vegetation cover present. This is most applicable during night-time bat surveys when limited light conditions are more restrictive of surveyor movements in unsafe conditions. Despite this, substantial survey effort has been employed, including the use of static bat detectors, to ensure the aims and objectives of the EcIA could be met.

Lack of evidence of a protected species does not necessarily preclude them being present at a later date. Some mobile animal species are migratory and therefore may not always be present during a particular time of year or year on year.

However, a substantial amount of survey information has been collected from the site over a period of up to nine years in regard of The Cut. As such, no specifc constraints that will prevent the completion of the EcIA or design of appropriate mitigation have been identified as sufficient information to describe the ecological baseline conditions and assess the likely impacts of the development proposals has been gathered over this extended period.

8.3 Approach to Evaluation

The baseline information obtained has been used to undertake an assessment of the value of ecological features within the study area.

Ecological features are defined as:


• Statutorily protected (Natura 2000 sites, National Nature Reserve, Sites of Special Scientific Interest and Local Nature Reserves) or locally designated (e.g. Sites of Importance for Nature Conservation/County Wildlife Sites) sites and features;

• Sites and features of biodiversity value not designated in this way, e.g. areas listed on published inventories of priority biodiversity habitats (e.g. ancient woodland inventory, lowland grassland inventory) or areas of habitats subject to UK or Local Biodiversity Action Plan targets; and

• Species of biodiversity value or other significance, including those protected and controlled by law.

An evaluation of the above ecological features has been based upon the relevant IEEM guidelines.

8.4 Impact Assessment

The assessment of ecological impacts follows the process described by the IEEM, which can be summarised as:-

• Determine the value of ecological features and resources affected through survey and/or research and assess impacts affecting important features and resources (quantifying the proportion affected and reversibility/recoverability of those resources);

• Identify significant impacts in the absence of any mitigation;

• Identify measures to avoid or reduce adverse impacts (and in particular likely significant impacts);

• Demonstrate the likely success of mitigation measures;

• Identify opportunities for enhancement; and

• Produce a clear summary of the significant residual impacts of the proposal incorporating all mitigation and enhancement measures.

8.4.1 Evaluation Criteria

All species and populations of species, including those with statutory protection, are evaluated on the same basis. It should be noted that even when a species is protected under European and UK statute, the presence of a small population on a site within a region where this species is widespread is unlikely to be assessed at a value of greater than district-level importance. Equally, a particular feature on a site may attract large numbers of an unprotected species that has limited distribution and this may represent a feature of county or even regional importance.

The criteria used to determine the biodiversity value of a species or features that may support a species include the following general considerations:

• rarity at a geographical level (international, national or local);

• endemism and locally distinct varieties or sub-species;

• species on the edge of geographic range;

• size of populations in the local geographical context;

• species-rich assemblages of a larger taxonomic grouping, e.g. herpetofauna or wintering birds;

• plant communities, ecosystems or habitat mosaics/associations that provide habitat for any of the above species or assemblages; and

• populations of species considered as significant under locally published guidelines or Red Data Books (RDB).


IEEM guidelines (2006) suggest that to ensure a consistency of approach, ecological features are valued in accordance with their geographical frame of reference as follows:

• International;

• UK;

• National (Wales);

• Region (South Wales);

• County (Gwent);

• District/Borough (Torfaen);

• Local (Pontypool); and

• Site Level Only i.e. immediate zone of influence.

Sites and features that are valued as being important within the immediate zone of influence (i.e., site level) may still have ecological value, for either flora or fauna, but this value is considered to be no greater than what is typical for those habitats or species in that locality and they do not have any special nature conservation interest. These categories have been applied to the features identified in baseline survey described previously.

Separate valuations are provided for designated sites, non-designated sites, features and species where appropriate.

These categories are then applied to the features identified in baseline surveys and desk-top studies. Some features can already be recognised as having ecological value and as such they may be designated as a statutory or non statutory wildlife site, other features may require an evaluation based upon their previously un-assessed biodiversity value.

8.4.2 Impact Criteria

Table 8-2 below identifies the key considerations when characterising impacts on ecological receptors once the above values have been established. The table characterises the valued ecological receptors affected and identifies the range of potential impacts, the magnitude and significance of the effect.

Table 8-2 Key Considerations When Characterising Impacts

Descriptor Definition7

Direction of impact Positive or negative impact.

Probability of occurring Broadly defined on 3 levels: Certain (> 95% of occurring), Probable (above 50% but below 95%) or Unlikely (above 5% but below 50%).

Complexity Direct, Indirect or Cumulative.

Extent and Context Area/number affected and % of total.

Magnitude Describes the severity of effect in words.

Timing and Frequency Seasonality and resilience to repeated impacts (eg, noise).

Duration Permanent or Temporary in ecological terms (e.g. within the lifetime of the species effected).

Reversibility Whether or not the effect can be reversed in an appropriate ecological timescale.

To fully evaluate the effects of a predicted impact upon those valued ecological receptors it is necessary to assess the magnitude of the impact upon that feature (identified in Table 8-3). The predicted impacts of the proposed development, following mitigation, i.e. the

7 Definitions for these terms and further information relating the methods of assessment are given in Guidelines

for Ecological Impact Assessment (IEEM, 2006).


residual impacts are assessed using the following criterion which is based upon guidance provided by the IEEM.

Table 8-3 Criteria for Assessing the Magnitude of Impacts

Magnitude of Impact Criteria

Major Negative A change likely to cause a permanent adverse effect upon the integrity and/or conservation status of the ecological receptor.

Negative A change adversely affects the valued ecological receptor but not to the extent that a permanent effect on integrity and/or conservation status occurs.

Neutral No effect.

Positive A change is likely to benefit the receptor in terms of its conservation status, but not so far as to achieve favourable conservation status.

Major Positive A change is likely to restore an ecological receptor to favourable conservation status, or to create a feature of recognisable value.

8.4.3 Mitigation Hierarchy

Mitigation follows a three stage process:

1) Avoidance i.e. can the impact be removed through a change to the design or project timetable;

2) Mitigation i.e. where impacts cannot be avoided, can they be reduced or removed through the implementation of mitigation measures.; and

3) Compensation. Where mitigation measures do not address all aspects of the predicted impact i.e. residual impacts will still occur, further measures are required to provide compensation for unmitigated impacts.

Compensation and mitigation are often grouped together in an EcIA, as although there are technical differences, they often link together to form an overall mitigation strategy which combines element of mitigation and compensation to address the impacts identified.

Following the implementation of all mitigation and compensation measures, the potential exists for residual impacts to remain. The significance of residual impacts is then subject to a final assessment on three separate levels. These can be summarised as:

• consequences for biodiversity resources, including effects upon the individual ecological features in terms of individuals and populations, cumulative and in-combination effects;

• consequences in terms of national and local nature conservation planning policy: and

• legal requirements relating to protected species and designated sites. .

8.5 Legal and Policy Considerations

An overview of planning policies that are potentially relevant to this EcIA is provided below.


8.5.1 National Policy (Planning Policy Wales)

Chapter 5 of Planning Policy Wales8 (PPW) contains important policy statements in respect of biodiversity and, more specifically, the mechanisms for protecting and enhancing biodiversity through development controlled by the planning process. This includes assessment of ecologically designated sites and protected species to be undertaken for proposed developments.

The PPW guidance is supplemented by Technical Advice Notes (TAN), with TAN 5 Nature Conservation and Planning relating to nature conservation and planning, which further explains the requirement to consider ecological impacts in development proposals.

TAN 5 highlights legal protection for statutory and non-statutory designated sites and certain species. Where appropriate to this development, an explanation of this protection is outlined.

In addition, TAN 5 states: “Much common land is important ecologically. The Secretary of State is committed to maintaining the status of common land, protecting the rights of commoners and encouraging the proper management of commons. The placing of buildings, fencing or works on Common Land normally require the consent of the Secretary of State, or may be prohibited under common land legislation.”

8.5.2 County Policy (Gwent Structure Plan)

The Structure Plan for Gwent (Adopted March 1996) contains a number of nature conservation policies relevant to the proposed development, including:

• Policy C8, which states that “Development which has a significant adverse effect on sites where nature conservation interest is of international, national, regional or county importance will not normally be permitted. Wetlands and ancient meadows will be given particular consideration.”; and

• Policy C9, which states that “The creation of habitats of nature conservation interest will be encouraged, particularly wetlands, grasslands and heathlands”.

8.5.3 District Policy (Torfaen County Borough Council)

The Local Plan for the County Borough of Torfaen (Adopted July 2000) contains a number of nature conservation policies relevant to the proposed development, including:

• General Policy G1 B (v), which states that a development proposal will be permitted insofar as it “does not result in the unacceptable loss of, or damage to, areas identified as being of special nature conservation importance.”;

• Policy E6 – which relates to statutory designated sites;

• Policy E7 – which relates to non-statutory designated sites; and

• Policy E8 – which relates to undesignated features of nature conservation importance.

8.5.4 National Sites – Sites of Special Scientific Interest (SSSI)

Many SSSI’s are also designated as sites of international importance and will be protected accordingly. Those that are not, or those features of SSSI’s not covered by an international designation, should be given a high degree of protection under the planning system.

8 Planning Policy Wales Edition 3 (July 2010) Chapter 5 Conserving and Improving Natural Heritage and the

Coast.


Planning permission should not normally be granted where a proposed development on land within or outside a SSSI is likely to have an adverse effect on an SSSI (either individually or in combination with other developments). Where an adverse effect on the site’s notified special interest features is likely, an exception should only be made where the benefits of the development, at this site, clearly outweigh both the impacts that it is likely to have on the features of the site that make it of special scientific interest and any broader impacts on the national network of SSSI’s. Local authorities should use conditions and/or planning obligations to mitigate the harmful aspects of the development and where possible, to ensure the conservation and enhancement of the site’s biodiversity or geological interest.

8.5.5 Local and Regional Sites

Sites of regional and local biodiversity and geological interest, which include Regionally Important Geological Sites, Local Nature Reserves and Local Sites, have a fundamental role to play in meeting overall national biodiversity targets; contributing to the quality of life and the well-being of the community; and in supporting research and education. Criteria-based policies should be established in local development documents against which proposals for any development on, or affecting, such sites will be judged. These policies should be distinguished from those applied to nationally important sites.

8.5.6 Biodiversity within Developments

Development proposals provide many opportunities for building-in beneficial biodiversity or geological features as part of good design. When considering proposals, local planning authorities should maximise such opportunities in and around developments, using planning obligations where appropriate.

8.5.7 Species Protection

Many individual wildlife species receive statutory protection under a range of legislative provisions.

Other species have been identified as requiring conservation action as species of principal importance for the conservation of biodiversity in Wales.

Local authorities should take measures to protect the habitats of these species from further decline through policies in local development documents. Planning authorities should ensure that these species are protected from the adverse effects of development, where appropriate, by using planning conditions or obligations. Planning authorities should refuse permission where harm to the species or their habitats will result unless the need for, and benefits of, the development clearly outweigh that harm.

8.5.8 National Legislation on Biodiversity Duty

Local Authorities have a statutory obligation to conserve and enhance biodiversity under the Natural Environment and Rural Communities Act (NERC) 2006. This act extends the biodiversity duty set out in the Countryside and Rights of Way (CROW) Act to public bodies and statutory undertakers to ensure due regard to the conservation of biodiversity.

"Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity" Section 40, NERC Act, 2006.

It is considered that the assessment described in Section 8.11.3 and presented below provides the authority with the necessary information to fulfil this obligation.


8.6 Desk-top Study

8.6.1 Statutory Ecological Designations

Ty’r Hen Forwyn SSSI is located approximately 0.5 km to the west of the application site boundary and is of national importance as a grassland site.

Tir Pentwys Local Nature Reserve (LNR) is located outside of the application site and study area, being separated from the site by a distance of approximately 0.5km to the east of the application boundary. This LNR is of importance for its amenity value and public access to a varied habitat mosaic including post-industrial features.

8.6.2 Non-Statutory Ecological Designations

The desk study identified the presence of 59 Sites of Importance for Nature Conservation (SINC) within the 2km desk study area.

Due to the high number of non-statutory sites within the 2km search area, a summary of the non-statutorily designated sites occurring within the EcIA study area and immediate zone of influence is provided in Table 8-4 below.

Further details of all other non-statutory sites, including location maps, citations and site information received during the desk-top study have been provided within Appendix 8/1.

Table 8-4 Summary of Non-Statutorily Designated Sites.

Site name and Importance

Proximity To Application Site Boundary

Reason for Importance

Tir Pentwys Cut (Gwent area)

Immediately to the west The western area of Tir Pentwys Cut was primarily designated as a SINC due to its breeding bird assemblage, although the presence of other fauna ground and habitats and species listed as a priority in the UK BAP and LBAP were contributing factors.

Tir Pentwys Cut (TCBC area)

Within application site, designated in December 2009.

As noted above, The Cut supports a range of breeding birds of conservation importance and a mosaic of habitats.

Cefn – y – crib Partially within application site.

All common land in TCBC is designated as SINC. The open moorland of Cefn Crib includes acid and calcareous grassland habitats. The diversity of sedges and fungi, including earthtongues and waxcaps, within the grassland is also of note.

Graig Major wood

Partially within application site.

The SINC area extends for 60ha and although large areas have been replanted, includes a narrow strip on ancient broadleaved woodland.

Mount View (Blaen-y-Cwm)

Immediately south of The Cut.

Small enclosure (5.6ha) of acid grassland, some of which occurs on colliery spoil.

Blaen-y-Cwm Upland Pasture

Moorland habitat surrounding The Cut and partially within application site.

An area of open grassland, including marshy grassland, extending for 93.4 ha.

8.6.3 Pre-existing Records of Protected and Notable Species

A number of records of legally protected and ecologically notable species within the 2 km desk study search area were returned during the desk study.

The records returned by SEWBReC were generally widely distributed across the 2km search area, although the location of records shows a general bias towards woodland and lower


valley habitats than upland moorland areas. This broadly follows the distribution of ecologically designated sites, where it is likely that higher levels of biodlogical recording have been undertaken during the evaluation of such areas.

The data shows a range of protected and notable fauna groups occur relatively frequently in the local area surrounding the site, with only a minor proportion of records relating to the site itself.

A summary of background records received during the desk study are provided below as Table 8-5.

Table 8-5 Summary of Protected and Notable Species Records from Desk Study area.

Level of Conservation Concern

Group Species (Scientific name)

Priority and Protected Species

Birds Northern goshawk (Accipiter gentilis), Eurasian Sparrowhawk (Accipiter nisus), sky lark (Alauda arvensis), tree pipit (Anthus Trivialis), European nightjar (Caprimulgus europaeus), lesser redpoll (Carduelis cabaret), common linnet (C. cannabina), hen harrier (Circus cyaneus), common cuckoo (Cuculus canorus), yellowhammer (Embreriza citronella), reed bunting (Emberiza schoeniclus), merlin (Falco columbarius), peregrine falcon (Falco peregrinus), Eurasian hobby (Falco subbuteo), kestrel (F. tinnunculus), pied flycatcher (Ficedula hypoleuca), bramling (Fringella montifringilla), willow ptarmigan (Lagopus lagopus), common crossbill (Loxia curvirostra), red kite (Milvus milvus), spotted flycatcher (Muscicapa striata), curlew (Numenius arquata), house sparrow (Passer domesticus), grey partridge (Perdix perdix), wood warbler (Phylloscopus sibilatrix), hedge accentor (Prunella modularis), bullfinch (Pyrrhula pyrrhula), starling (Sturnus vulgaris), redwing (Turdus iliacus), song thrush (Turdus philomelos), field fare (Turdus pilaris), Barn owl (Tyto alba), and lapwing (Vanellus vanellus).

Mammals Otter (Lutra lutra), bat (Chiroptera), badger (Meles meles), Natterer’s bat (Myotis nattereri), weasel (Mustela nivalis), polecat (Mustela putorius), noctule (Nyctalus noctula), pipistrelle bat (Pipistrellus sp.), common pipistrelle (P. pipistrellus), brown long-eared bat (Plecotus auritus) and lesser horseshoe bat (Rhinolophus hipposideros).

Invertebrates High brown fritillary (Argynnis adippe), grayling (Hipparchia semele), Small pearl-bordered fritillary (Boloria selene), pearl bordered fritillary (Boloria euphrosyne), dingy skipper (Erynnis tages) and stag beetle (Lucanus cervus).

Plants Bluebell (Hyacinthoides non-scripta).

Amphibians and Reptiles

Common frog (Rana temporaria), common toad (Bufo bufo), great crested newt (Triturus cristatus), Triturus spp, smooth newt (Lissotriton vulgaris), palmate newt (Lissotriton helveticus) and slow worm (Anguis fragilis).

Fungi Olive earthtongue (Microglossum olivaceum).

Other species of Conservation Concern

Birds Mallard (A. platyrhynchos), meadow pipit (Anthus pratensis), common redpoll (Carduelis flammea), stock pigeon (Columba oenas), house martin (Delichon urbicum), common snipe (Callinago gallinago), barn swallow (Hirundo rustica), lesser black backed gull (Larus fuscus), grey wagtail (Motacilla cinerea), common redstart (Phoenicurus phoenicurus), willow warbler (Phylloscopus trochilus), green woodpecker (Picus viridis), goldcrest (Regulus regulus), stonechat (Saxicola torquata), woodcock (Scolopax rusticola), common redshank (Tringa tetanus) and mistle thrush.

Invertebrates The beetle Ctenicera pectinicornis, the beetle Gyrinus natator and the beetle Omaloplia ruricola.

Plants Alpine lady fern (Athyrium distentifolium), rough hawks beard (Crepis biennis), arctic eyebright. (euphrasia artica subsp. borealis), common cudweed (Filago vulgaris), petty whin (Genista anglica), ivy-leaved bellflower (Wahlenbergia hederacea), Scot’s pine (Pinus sylvestris), rock stonecrop (Sedum forsterianum) and Brecon dandelion (Taraxacum breconense).

Species of Local Conservation

Birds Little owl (Athene noctua), common buzzard (Buteo buteo) and white throated dipper (Cinclus cinclus).


Level of Conservation Concern

Group Species (Scientific name)

Concern Invertebrates Southern hawker (Aeshna cyanea), common hawker (Aeshna juncea), beautiful yellow underwing (Anarta myrtilli), Emperor dragonfly (Anax imperator), dark green fritillary (Argynnis aglaja), six-belted clearwing (Bembecia ichneumoniformis), small red damselfly (Ceriagrion tenellum), azure damselfly (Coenagrion puella), short-winged cone head (Conocephalus dorsalis), golden ringed dragonfly (Cordulegaster boltonii), common blue damselfly (Enallagme cyathigerum), southern wood ant (Formica rufa), blue tailed damselfly (Ischnura elegans), scarce blue-tailed damselfly (Ischnura pumilo), emerald damselfly (Lestes sponsa), broad-bodied chaser (Libellula depressa), the millipede (Nanogona polydesmoides), keeled skimmer (Orthetrum caerulescens), large red damselfly (Pyrrhosoma nymphula), two banded long-horn beetle (Rhagium bifasciatum), black darter (Sympetrum danae), common darter (Sympetrum striolatum) and slender ground hopper (Tetrix subulata).

Plants The moss Andreaea rupestris var. Rupestris, a hederacea), bog-rosemary (Andromeda polifolia), moonwort (Botrychium lunaria), common spotted orchid (Dactylorhiza fuchsii), heath spotted orchid (Dactylorhiza maculata), southern marsh orchid (Dactylorhiza praetermissa), marsh forklet-moss (Dicranella palustris), fragile fork moss (Dicranum tauricum), rusty beard moss (Didymodon ferrugineus), nut moss (Diphyscium foliosum), small cudweed (Filago minima), hill notchwort (Lophozia sudetica), bee orchid (Ophrys apifera), cowslip (Primula veris), narrow-leaved fringe-moss (Racomitrium aquaticum), yellow-rattle (Rhinanthus minor), straggling pouchwort (Saccogyna viticulosa), Norwegian earwort (Scapania scapania), western gorse (Ulex galii) and cowberry (Vaccinum vitis-idaea).

8.7 Habitats

The application site comprises a range of different habitat types. These habitats have been mapped, using the Phase 1 methodology, shown on a Habitat Map (Drawings H1 and H2). Target note descriptions for habitats, and features too small in scale to accurately map, have also been provided as Appendix 8/2 of the SSES and the locations of these are shown on Drawings H1 and H2

The main habitat types within the EcIA study area include:

• coniferous plantation woodland;

• broadleaved semi-natural woodland;

• scrub;

• grassland (pioneer acid, marshy grassland, upland acidic and pastoral);

• heathland;

• disturbed and modified habitats; and

• Freshwater habitats and flushes.

A brief description of these habitats is presented below.

8.7.1 Coniferous Plantation Woodland

A large proportion of The Cut, within and beyond the application boundary, is covered with a plantation of lodgepole pine (Pinus contorta). The pines are believed to have been planted in the early 1960s as means to screen the dereliction left from the termination of the opencast operations. They are in poor condition generally, and a number have died and toppled over. The average height is 15-17m, with a Diameter at Breast Height of 15-30cm.


The plantation has not been thinned or subject to formal management, and heavy shade beneath the canopy has prevented the development of a shrub layer, and only a patchy ground cover of common bryophytes.

8.7.2 Broadleaved Semi-Natural Woodland

An extensive area of mixed broad leaved woodland occurs across the valley sides of Cwm-y-Glyn. This woodland, which is quite variable in character, is bisected by the proposed access route.

Woodland habitats at Craig Shon Shenkin comprise an open canopy of mature beech (Fagus sylvatica) plantation and English oak (Quercus robur) dominated woodland, with a canopy height of 20-30m. The shrub layer is moderately dense with frequent hawthorn (Crataegus monogyna), beech and hazel (Corylus avellana). The ground layer is typically sparse; with lop grass (Holcus mollis), bramble (Rubus fruticosus) and ferns, predominantly broad bucker fern and male fern (Dryopteris sp; D. filix-mas) and occasional patches of bilberry.

This plantation could be described as NVC W12 Fagus sylvatica – Rubus fruticosus woodland, although this woodland type is not native to the west of the British Isles, beech plantations of this type on base-poor soils fit most closely with this NVC community.

To the east, young secondary woodland with a dense closed canopy at approximately 4m height of silver birch (Betula pendula), rowan (Sorbus aucuparia), hazel and beech. No shrub layer has clearly developed underneath the canopy and the understory is dominated by bracken, bramble with rosebay willowherb and creeping cinquefoil. Similar structured secondary woodland occurs on the lower slopes of the valley, perhaps in areas of more recent clearance.

In places more recent management, notably hazel coppice, has produced a more varied ground flora, including dog’s mercury (Mercurialis perennis), herb-Robert (Geranium robertianum), wood sorrel (Oxalis acetosella), bluebell (Hyacinthodies non-scripta), lords-and-ladies (Arum maculatum), tufted hair-grass (Deschampsia cespitosa), dog-violet (Voila sp.), male-fern, ivy (Hedera helix), occasional nettle (Urtica dioica), wood millet and bramble; with bracken very common in open glades. Bracken-dominated glades are often species-poor, supporting bramble, occasional herb Robert, nettle and dandelion (Taraxacum agg.).

Phase II (NVC) survey of the woodland areas indicates that the woodland has the closest affinity with NVC W10 Quercus robur-Pteridium aquilinum-Rubus fruticosus woodland. This is the typical semi-natural woodland type on circum-neutral soils in the British Isles and is very widely distributed. The woodland areas surveyed showed very few characteristics of upland oak woods (NVC W11) or wet woodlands (W1-W7), which are identified as higher conservation priorities in South Wales.

During 2012, it was evident that an informal agricultural access track had been created within the woodland and largely within the application site. Although it will appear that relatively few mature trees have been removed to facilitate this, the creation of bare ground has led to an increase in foxglove and bramble along the track edges, almost certainly in response to increase light levels.

8.7.3 Scrub

Scattered gorse scrub occurs on the extreme edges of the plantation woodland, especially on the eastern boundary. The Cut contains no broad leaved woodland as such, although scattered willow and birch also occur on cliff faces, along with self sown lodgepole pine.


8.7.4 Grassland

Grassland habitats within the survey area are of four major types.

Pioneer acidic grassland

The pioneer grasslands occur within areas of The Cut not subject to coniferous planting and are quite variable, depending upon the length of time since the last disturbance and the steepness of slope.

More established grassland on flatter land at the quarry floor and on the causeway crossing the cut typically has a higher number of species, greater abundance of grasses, e.g. sheep’s fescue (Festuca ovina), common bent (Agrostis capillaris), and more complete vegetation cover (TN12, 20). Pioneer communities on steeper slopes are characterised by a greater abundance of bryophytes and more bare ground. Typically they have lower species richness (TN 1, 8, 9).

Numerous pine saplings occur, which in places now form coniferous scrub, and in the absence of any management will further shift succession towards coniferous woodland climax vegetation to the detriment of open grassland habitats.

Established acidic grassland and marshy grassland communities

Established acidic and marshy grassland communities occur beyond the plantation woodland associated with The Cut within fields traditionally used for extensive upland grazing. In many areas over-grazing has caused a decline in the quality of these habitats, allowing soft-rush (Juncus effusus) and common bryophytes, e.g. Polytrichum commune to dominate (TN 15, 26).

Upland Acidic Grassland

Unenclosed, sheep grazed moorland habitats are the main habitat type occurring at elevations above 350mAOD across Cefn-y-crib common. These grasslands are typified by a short sward dominated by mat-grass (Nardus stricta), sheep’s fescue, common bent (Agrostis capillaris) with occasional heath bed straw (Gallium saxatile), tormentil (Potentilla erecta), sheep’s sorrel (Rumex acetosella) and mosses, including Polytrichum commune; Rydiadelphus squarrosus, Hypnum cupressiforme and Pseudoschleropodium purum.

Occasional tufts and tussocks of soft-rush, heath-rush (Juncus squarrosus) and scattered gorse (Ulex europaeus) scrub also occur; with soft-rush locally dominating wetter patches and hollows.

A walkover survey of the common land, undertaken in September 2005, highlighted the presence of a small number of fungi species, including a species of waxcap, tentatively identified as meadow waxcap (Hygrocybe pratensis) and a puff ball species, tentatively identified as common earthball (Scleroderma citrinum).

A subsequent walkover of these moorland habitats in October 2012 confirmed the continued presence of waxcap fungi, including Hygrocybe chlorophana, H. Coccinea/coccineocrenata, H. laeta and H. Virginea. Additional fungi recorded include Cystoderma amianthinum, Clavulinopsis luteoalba and Cordyceps militaris. No species listed as priorities under the UK BAP or LBAP were recorded.


The areas adjacent to the road have been preferentially grazed, and therefore constitute a low sward of acidic grassland with the moss Rydiadelphus squarrosus, heath bedstraw, occasional mat-grass, common bent and meadow grass (Poa pratensis).

Pastoral Grassland

The proposed access route crosses fields of agricultural pastoral grassland to the south of Tir Shon shenkin Farm.

These grasslands have been subject to various levels of grazing during the survey period and certain enclosures have been subject o ploughing and disturbance to establish a motor bike track. Typically, the grasslands are moderately species-poor, semi-improved, circum-neutral to slightly acidic permanent pastures. The habitats are dominated by sweet vernal grass (Anthoxanthum odoratum), crested dog’s tail (Cynosurus cristatus), Yorkshire-fog (Holcus lanatus), creeping thistle (Cirsium arvense), heath bed straw, occasional creeping buttercup (Ranunculus repens), white clover, sheep’s sorrel (Rumex acetosella), bird’s-foot trefoil (Lotus corniculatus), and common bent (Agrostis capillaries).

Phase II (NVC) survey of the grassland habitats indicated that the surveyed stands were transitional between U4b Festuca ovina-Agrostis capillaris-Galium saxatile and MG6b Lolium perenne-Cynosurus cristatus grassland Anthoxanthum odoratum sub-community. This is a typical transitional community from calcifugous, i.e. sandy or acidic, grassland, to mesotrophic grassland as a result of agricultural improvements, such as liming and manuring.

A walkover of the pastoral grasslands in October 2012 confirmed the presence of the waxcap fungi , Hygrocybe chlorophana. Additional fungi recorded included Clavulinopsis luteoalba. Neither species is listed as a priority under the UK BAP or LBAP.

8.7.5 Heathland

Patchy remnants of heathland habitat occurs on the south facing slopes approximately 300mAOD and 330mAOD and pastoral grasslands of Tir Shon Shenkin Farm. At lower elevations, heathland is encroached upon by secondary birch, hazel and beech woodland spreading from Cwm y Glyn woods and elsewhere historic grazing and agricultural improvements may have led to the conversion of heath to grassland habitats.

The remnant patches have a similar structure and composition, being dominated by ling heather (Calluna vulgaris) and bilberry (Vaccinium myrtillus), with wavy hair grass (Deschampsia flexuosa), tormentil frequent and occasional sheep’s sorrel and heath bedstraw and rare foxglove (Digitalis purpurea).

Bracken (Pteridium aquilinum) cover varies between and within heathland patches, from 5% to 70% cover and was found to increase in cover during the survey period, forming a canopy over dwarf shrubs during the summer. Influence from surrounding habitats is marked, with encroaching oak, beech, hazel, birch and rowan on woodland edges and grasses, such as false oat grass and sweet vernal grass becoming more abundant near to pastures. Heathland habitats are presently unmanaged, although a reasonable structure and age range of dwarf shrubs was observed.

Phase II survey suggests that the heathland habitats are most closely affined with NVC H12 Calluna vulgaris – Vaccinium myrtillus heathland in mosaic with U2b Deschampsia flexuosa grassland Vaccinium myrtillus sub-community. These habitat types are fairly widespread at moderate elevations in the west and north of the British Isles.


8.7.6 Disturbed and Modified Habitats

A small man-made pond occurs within the confines of the Tir Shon Shenkin farm, which has been extended and deepened at several stages of the survey period. The pond is surrounded by bare ground and scattered ruderal species, e.g. stinging nettle, broad-leaved dock and Yorkshire fog.

Disturbed ground occurs throughout the field network associated with Tir Shon Shenkin although is generally not a dominant feature. The disturbance has been created and maintained by the action of regular off-road motorbike access. Localised areas of The Cut are subject to regular disturbance by off road motorbikes, although again such areas do not form dominant components.

A small fly-tip of rubble and household waste occurs on the edge of the common land, outside the proposed access route.

An agricultural access track has been constructed within the woodland of Craig Shon Shenkin during 2011, which is typically 3-4m in width although is wider in places and extends for approximately xx m in length. During the 2012 surveys, the track was predominantly bare ground and loose rocks, although foxglove (Digitalis purpurea) formed a prominent feature of the track, together with occasional self sown grasses.

Disturbance and bare ground was more extensive in The Cut during initial surveys in 2003, although establishment of grassland and scrub species in teh intervening period has reduced the occurrence of such areas.

8.7.7 Freshwater habitats and flushes

Freshwater habitats are fairly extensive within The Cut. An engineered freshwater ditch collects water from the cliff face seepages, and a small spring in the northern end of the eastern cut. This ditch drains to the south through the base of the cut until it passes underground and drains into a large pond (TN 24) on the southern boundary of the survey area.

A short section of this ditch has supports a community of common aquatic plants and invertebrates (TN 2). Two smaller ponds (TN 3, 14) and a larger lake (TN 21) also occur.

In three areas along the rock face, seepages have associated bryophyte dominated acidic flush communities (TN 6, 11, 13). These flushes support a range of mosses and liverworts as well as soft-rush and common grasses.

A small man-made pond occurs within the confines of the Tir Shon Shenkin farm, which has been extended and deepened in the past few years. The pond is surrounded by bare ground and scattered ruderal species, e.g. stinging nettle, broad-leaved dock and Yorkshire fog.

8.7.8 Protected and Notable Flora

With the exception of bluebell, which occurs in the semi-natural woodland of Craig Shon Siencyn (TN 43), no plant species protected under Schedule 8 of the Wildlife and Countryside Act 1981 (as amended) have been observed during the surveys. Bluebell receives only partial protection from sale only which is not relevant to development situations.


Surveys of the semi-natural broadleaved woodland below Tir-Shon Shenkin identified the following species which are typical of semi-natural woodlands and may be indicative of long-established or ancient woodland sites: field maple, heather, wavy hair grass, bluebell, wood millet, wood sorrel, wych elm and wood melick.

Following submission of the SES in 2006, this woodland resource was identified as Ancient Woodland by CCW and also as a SINC by TCBC. Information received from SEWBReC does not indicate any formal Ancient Semi-Natural Woodland or Plantation on Ancient Woodland Sites within the application boundary.

8.7.9 Invasive Flora

Japanese knotweed (Fallopia japonica), a species listed on Schedule 9 of the Wildlife and Countryside 1981 (as amended) has been recorded within the farm yard of Tir Shon Shenkin during the 2012 surveys and previously during the preparation of the SES.

The range and distribution of this species within the study area has the potential to increase in the absence of any management.

8.8 Protected and Notable Fauna

8.8.1 Bats

Full details of the methods, timings and results of the 2012 bat survey are provided as Appendix 8/3 and Drawings B1 to B3 of the SSES.

The desk top study identified the presence of five bat species within the search area; natterer’s, noctule, common pipistrelle, brown long-eared and lesser horseshoe. Records of noctule and common pipistrelle were returned from within the application site itself, being previously recorded from The Cut.

Previous surveys for bats described in Table 8-5 identified foraging and commuting of eight species within the site, which was generally attributed to individual or low numbers of bats at any one time. The most frequent species recorded was common pipistrelle, with noctule, brown long-eared, whiskered/Brandt’s (Myotis mystacinus/brandtii), Daubenton’s (Myotis daubentonii) also being recorded at lower frequencies. A single observation of a bat assessed as being a barbastelle (Barbastella barbastellus) was also made in 2005, as was a single pass of lesser horseshoe (Rhinolophus hipposideros) in 2010.

Previous surveys also identified the presence of roost sites for common pipistrelle and serotine (Eptesicus serotinus), although the presence of serotine was only confirmed in 2012 following DNA analysis of droppings collected from the site during 2007.

A suite of updated bat surveys, including daytime roost assessment and inspections, manual roost surveys, manual activity surveys and remote monitoring (use of Anabat CF bat detectors), has been undertaken during the 2012 bat activity season. The 2012 surveys were undertaken to update previous surveys undertaken between 2004 and 2012.

Through a combination of previous and current bat surveys, an assemblage of at least eleven species of bat has been identified using the site. Manual and automated surveys found that the majority of foraging and commuting activity has been attributed to low numbers (up to 3 bats at any one time during 2012) of common pipistrelle, which broadly follows the results of earlier surveys. Myotid bats have also been recorded relatively frequently in 2012 although in low numbers, with less frequent records of brown long-eared, lesser horseshoe, noctule and soprano pipistrelle.


No further evidence of barbastelle or serotine has been collected during 2012 surveys.

Low numbers or individual animals of four species, which includes common pipistrelle, natterer’s, lesser horseshoe and serotine are known to roost within the site from seven separate roost locations. This includes roost sites identified during previous and current surveys and the locations of which are shown on Drawings B1 and B2.

Based on the evidence available, it is considered highly unlikely that a roost used by significant numbers of bats, or of critical importance to the functioning and maintenance of the current ranges or population of any species recorded, occurs within the site.

The features where roosts have been confirmed and habitats found within the site occur relatively frequently in the local landscape and across south Wales.

8.8.2 Hazel Dormouse

No records of this species were returned from within the desk study area.

The 2004 Phase 1 survey identified valleyside woodland and hedgerows from Craig Sion Siencyn to Craig Gwent as potentially suitable habitat for this species.

An initial walkover survey of suitable habitats was undertaken in 2005 to search for field signs that are characteristic of this species i.e. gnawed hazel nuts, woven nests and stripped honeysuckle.

Following the initial walkover, a total of 50 nest tubes were deployed in suitable locations around interconnecting coppice stools, throughout the woodland in July 2005. The site was then revisited on a monthly basis to monitor the tubes for dormouse habitation.

The results of the 2005 survey found no current or historical evidence of dormice using the site for living, feeding, sheltering or nesting. The site although suitable in terms of interconnectivity of stands of vegetation, species composition and potential nesting sites suffers from a number of problems. It appears that in recent history the woodland was more fragmented which may have restricted spread of dormouse into the area, or led to localised extinctions and prevented re-colonisation.

Due to the absence of new records in the local area, or significant changes to the habitat baseline since 2005, further survey for this species was not deemed to be required and the 2005 baseline is assessed as remaining valid for the purpose of the SSES.

8.8.3 Birds

Full details of the breeding bird survey (BBS) are provided as Appendix 8/4 of the SSES.

A BBS was undertaken previously during 2004 within The Cut to inform the ES. In total 46 species of bird were recorded in and around the application area during the 2004 survey, of which 21 species recorded are afforded special conservation status.

An updated BBS was undertaken during 2012, based on the Common Bird Census methodology. The survey comprised of three visits during May and June i.e. the main bird breeding season.

A total of 51 bird species were recorded during the BBS, of which 35 species were confirmed or considered likely to be breeding within the BBS study area. This included 14 species of conservation concern that were confirmed or likely to be breeding within or immediately


adjacent to the application site. All 14 species have also been confirmed within in the 2km desk study area through the existence of biological records being returned by SEWBReC. A brief description of the status of the species of conservation concern within the application site is provided below.

• Crossbill – small numbers observed, no breeding confirmed although is known to breed in wider Tir Pentwys Cut, possible breeder within coniferous woodland areas of the site.

• Bullfinch – possible breeder, one potential territory observed in The Cut.

• Starling – possible breeder, one potential territory observed along proposed access route.

• Skylark – unknown number of territories as widespread across moorland areas of Cefn Crib and Blaen-y-cwm. At least one territory within proposed access road corridor.

• Song Thrush – likely breeder with three potential territories present.

• Linnet – likely breeder with one potential territory associated with the proposed access road.

• Reed Bunting – likely breeder, with one territory identified within The Cut.

• Redstart – confirmed breeder with four territories identified across the BBS study area.

• Stonechat – likely breeder with a single territory occurring in The Cut.

• Stock Dove – unconfirmed but possible breeder in The Cut.

• Cuckoo – unconfirmed but likely to use nests of species known to occur

• Dunnock – unconfirmed but likely, seven potential territories identified throughout BBS study area.

• Lesser Redpoll – likely breeder, with single territories identified in The Cut and proposed access route.

• Tree Pipit – confirmed breeder with an estimated four territories across the BBS study area.

In addition, a further five species of conservation concern have previously been recorded breeding within Tir Pentwys Cut that could potentially occur within the site due to the presence of comparable habitats. This includes peregrine falcon9, goshawk, hobby, merlin and long-eared owl (Asio otus).

8.8.4 Reptiles

Reptile survey work has previously been undertaken to inform the ES and SES. During consultation with TCBC and CCW, it was agreed that previous surveys will provide a suitable basis for updating the SSES due to the absence of significant changes to known or potential reptile habitats in the intervening period.

The Cut

An artificial refuge survey of The Cut was undertaken during 2004. A total of 98 refugia were installed in grid or linear patterns of 3-8 refugia in areas of suitable habitat within Tir Pentwys Cut, which included areas beyond the application site.

9 Peregrine falcon was recorded during surveys although was not identified as breeding wihtin the BBS study

area.


No reptiles were recorded during the survey and it was if a resident population of reptiles of any significance occurred within the application site, it is likely they will have been discovered during this survey; especially when considering the search effort employed.

Reference to the presence of adder (Vipera berus) were contained within the Tir Pentwys Cut SINC designation form for the area of the Cut within Blaenau Gwent i.e western areas of The Cut beyond the application site, although no specific records were provided by SEWBReC.

No reptiles have subsequently been recorded during other ecological survey visits to The Cut to undertake surveys for habitats or birds etc. Habitat suitability for reptiles within the application site of The Cut has decreased since the 2004 survey, due to the further development of conifer saplings and scrub to the detriment of suitable basking areas.

The Access Road

An artificial refuge survey of suitable habitats along the proposed access road was undertaken during 2005. A total of 98 refugia were installed in grid or linear patterns of 3-8 refugia in areas of suitable habitat within Tir Pentwys Cut, which included areas beyond the application site.

Low numbers of common lizard and slow worm were observed during the 2005 survey in, with a maximum count of one reptile being made per survey visit. Reptiles were recorded from two principle locations, namely the less intensively managed areas of grassland associated with Tir Shoin Shenkin farm, and, the embankment of Crumlin Road .

Common lizard was recorded during 2012 basking in rough grassland adjacent to the mast at Tir Shion Shenkin farm (close to TN 39) and at the lower end of the recently created track in Craig Major woodland confirming the continued presence of reptiles.

8.8.5 Amphibians

Previous amphibian surveys have been undertaken to inform the ES and SES between 2004 and 2006 in order to ascertain the presence or likely absence of great crested newt.

An amphibian survey of seven ponds over an area of approximately 1km2 radius around The Cut was undertaken during 2004. The survey comprised of four visits during May and June and employed a range of methods, including torch counts, bottle trapping, netting and egg searches. The survey confirmed the presence of palmate newt (Triturus helviticus), common frog and common toad. A peak count of 98 palmate newts was made, although the majority (95) of animals were recorded from ponds 4, 6 and 7 which are beyond the application site.

Amphibian surveys were also undertaken of the pond in Tir Shon Shenkin farm (TN xx) during 2005 and 2006. A maximum count of 25 smooth/palmate newts was made from this pond on 23rd June 2005. In addition, common frog was observed under stones and refugia during the reptile survey.

The surveys concluded that great crested newt was absent from the study area..

It was agreed with TCBC and CCW that the existing baseline survey information relating to amphibians remained a suitable basis to undertake an EcIA as part of the SSES due to the absence of any ecologically significant changes to the habitat baseline that will be likely to result in changes to the distribution of local amphibian species.


8.8.6 Invertebrates

Invertebrate surveys were undertaken on 24 June and 29 July 2004 within The Cut to inform the ES.

The surveys employed three sampling methods: sweep-netting, suction sampling and pond-netting. Sampling was undertaken mainly within the application site, but habitats of potential interest to invertebrates outside this boundary were also surveyed.

A total of 320 species were identified, including three nationally scarce species which were recorded within the application site boundary: the Scarce Blue-tailed damselfly which is also a LBAP species, the snail-killing fly Tetanocera punctifrons and the fly Sapromyza zetterstedti. Two more nationally scarce species recorded outside of the application site were the wetland soldierfly Oxycera pardalina and the water beetle Helochares punctatus.

It was agreed with TCBC and CCW that the existing baseline survey information relating to invertebrates remained a suitable basis to undertake an EcIA as part of the SSES due to the absence of any ecologically significant changes to the habitat baseline in the intervening period.

8.9 Ecological Processes and Trends

Evidence of ecological succession has been observed during the wider study period, in particular the natural development of secondary conifer scrub and woodland on spoil heaps and pioneer acid grassland within The Cut.

In the absence of development, natural succession will continue to play a part in the re-vegetation of the exposed spoil slopes and tips already observed. The spoil slopes will eventually become dominated by non-native conifer woodland with a grassland understory. Instability of the steep slopes may produce localised landslips, and thus prevent the establishment of a stable vegetation community. The existing conifer plantations will reach harvesting maturity within the next 15-20 years although it is unlikely that this will represent a crop of particular economic value, giving the opportunity for replanting with native tree species.

The route of the proposed access road crosses common land, which is currently managed by sheep grazing. It is unlikely that the management of this area will change in the short or medium-term and there was no evidence of any other trends. The area is considered to be over-grazed at present, which has led to the dominance of grassland sward with mat-grass (Nardus stricta). A reduction of the grazing pressure may have a positive effect upon the ecological value of this habitat.

Pastoral farmland within Tir Shon Shenkin includes permanent pasture, hedgerows and dry stone walls. In the absence of the proposed route construction, these will continue to be managed in the same way as the current baseline. It is likely that the recent reduction of grazing in pasture will ultimately lead to a reduction of ecological value as rank grass species and bracken become more dominant.

Woodland habitats are managed on an ad-hoc basis, with little evidence of recent management in the areas surveyed. There is no evidence to suggest any significant changes to the baseline described, with the exception of the gradual spread of secondary birch and beech woodland into neighbouring grassland and heathland habitats. Old oak and beech pollards are likely to become more susceptible to wind damage in the absence of any arboricultural management or through unplanned woodland clearance.


Heathland habitats are currently unmanaged and are been invaded by bracken and woodland, including birch. In the absence of management to maintain as heathland, it is likely that these habitats will gradually become scrubbed up and revert to secondary woodland.

8.10 Nature conservation Evaluation

8.10.1 Statutory Designated Nature Conservation Sites

No designated statutory sites occur within the application site boundary, although two statutorily designated sites do occur within the 2km search area.

Ty’r Hen Forwyn SSSI is located approximately 0.5 km to the west of the application site boundary and is of national importance as a grassland site.

Tir Pentwys LNR is located approximately 0.5km to the east of the application site boundary and is of importance for its amenity value and public access to a varied habitat mosaic including post-industrial features.

No designated sites have been identified as potentially vulnerable to any impacts that may result from the recovery of aggregate or construction of the proposed road and are therefore not in need of any further assessment or consideration in this EcIA.

8.10.2 Non-Statutory Designated Nature Conservation Sites

With the exception of agricultural field associated with Tir Shon Shenkin Farm (i.e. Target Notes 30 to 40), the habitats of the application site have been subject to non-statutory designation following submission of the ES and SES as summarised in Appendix 8/1.

The designation of site habitats as SINC’s identifies their importance at the County-level, a summary of the features of interest of site habitats that have been identified as being of County-value is provided as Table 8-6 below.

Table 8-6 Summary of SINC

Habitat Feature Reason for Importance and Ecological Value

Habitat mosaic of The Cut (TN 1-14, 19-21, 24, 27, 28)

An area of 52.4ha which comprises coniferous plantation with less extensive bog/flush and open water habitats. An associated assemblage of breeding birds includes species of conservation concern. The SINC was notified in December 2009 after submission of the ES and SES.

Acid grassland habitats of Blaen y cwm (also common land) (TN 15, 16, 22, 23)

Upland acid grassland and marshy grassland vegetation communities extending for 93.4ha and also known to be used by hen harrier and long-eared owl.

Acid grassland habitats of Cefn Crib (also common land) (TN 29)

The common was notified as a SINC in December 2010 after submission of the ES and SES. The SINC is of value for the species-rich acid and calcareous grassland, which includes a range of sedges and fungi together with associated interested for breeding and wintering birds.

Woodland habitats between Craig Sion Siencyn and Craig Gwent. (TN 13, 14, 15, 18, 19, 20)

Valleyside woodland that includes areas of replanted conifer woodland and ancient broadleaved woodland. Continuous beyond application site and extends for 60ha.


8.10.3 Undesignated Features of Biodiversity Importance – Habitats and Flora

The heathland and grassland habitats of Tir Shon Shenkin Farm are assessed as being of District-level ecological importance, due to their relative species richness and low intensity of management.

This is due to the presence of vegetation communities and species that have declined locally and nationally, primarily as a result of agricultural improvements such as inputs of nutrient. This also includes the presence of waxcap fungi, which are again indicative of long-established grassland habitats with low levels of agricultural improvement.

8.10.4 Undesignated Features of Biodiversity Importance – Fauna

Table 8-7 summarises the evaluation of fauna based on survey work undertaken in 2012 to inform the SSES and previously to inform the ES and SES.

Table 8-7 Biodiversity Valuation of Fauna

Group Ecological Value

Bats Collectively, the bat assemblage of the site comprises of at least 11 species, although generally occurring in low numbers for foraging and commuting. Roosting of four species has been confirmed, although these are assessed as transitional roosts and no evidence of regular use, or breeding/raising of young has been confirmed. The bat assemblage will meet the criteria for selection as a Wildlife Site and is assessed as being of Regional level ecological importance. The details and background data to support this assessment are provided as Appendix 8/3 of the SSES.

Birds A breeding assemblage which includes 13 species of conservation importance occurs within the site. Survey work will indicate the site could qualify as a Wildlife Site on the basis of the breeding bird assemblage, however only relatively low numbers of individual species have been recorded breeding within the application site itself. The breeding bird assemblage associated with the site is assessed as being of County-level ecological importance. The details and background data to support this assessment are provided as Appendix 8/4 of the SSES.

Reptiles The reptile assemblage comprises of ‘low’ populations of common lizards and slow worm, which are regarded as common and widespread in South Wales. The reptile assemblage will not meet the criteria for selection as a Wildlife Site, although due to the inclusion as priorities in the UK BAP, and in the case of common lizard the LBAP, the reptile assemblage is assessed as being of District-level ecological importance.

Amphibians A ‘good’ population of palmate newts occur in the pond (TN 4) within Tir Shon Shenkin); small numbers of frogs also recorded here. The complex of ponds associated with The Cut and immediate surroundings are known to support a ‘good’ population of palmate newt and ‘low’ populations of common frog and common toad. The amphibian assemblage recorded from the wider study area does not meet the criteria for selection as a SSSI, but will meet the criteria for selection as wildlife site due to a population of over 100 palmate newts. Common toad has been recorded in The Cut and is identified as a priorit species in the UK BAP. Due to the widespread occurrence of palmate newt in South Wales, with only low numbers of other amphibian species being recorded, the amphibian assemblage is assessed as being of Local importance. The details and background data to support


this assessment are provided within the ES ad SES.

Invertebrates An assemblage of 320 invertebrate species has been recorded from The Cut and surrounding habitats. This included 5 Nationally Scarce species. Invertebrate assemblages of seepages, ponds and the ditch are considered to be of greatest value, with a population of scarce blue-tailed damselfly also being present. It is likely that comparable habitats outside the application area support an invertebrate assemblage of the same or higher value. The invertebrate assemblage is assessed as being of District-level ecological importance, with the main interest being associated with wetland and aquatic habitats. The details and background data to support this assessment are provided within the ES ad SES.

8.10.5 Social, Community of Economic Value

Common land habitats which are crossed by the proposed route have a local social and community value for the commoners who have rights, including grazing rights, on that land. The land is also likely to be classified as “open access land” under the Countryside and Rights of Way Act 2000, and therefore a right of access may be exercised on this land under certain conditions.

The farmland and woodland habitats are privately owned and there is no direct public access to them. A footpath crosses the proposed access route, but this is indistinct on the ground and has a very low usage.

8.11 Potential impacts

To assess the effects of a proposed development it is essential that the impacts that could arise are identified and characterised. The range of impacts that require consideration in the ecological impact assessment are based upon knowledge of the proposed development and knowledge of the receptors (features of ecological significance). This can only be undertaken with a thorough understanding of ecological processes and how flora and fauna react to the range of impacts that could occur.

Potential impacts are characterised in terms of their direction, permanence, certainty and reversibility. An assessment is also made of the likely significance of the impact prior to mitigation, and the significance of the residual impact, i.e. after all agreed mitigation is implemented. The degree of confidence in the likely success of mitigation, based upon published studies and the experience of the assessor, is also made and any uncertainties are clearly expressed.

For the purpose of an EcIA, a precautionary approach has been taken with regard to the scale of habitat disturbance and loss in order to construct the access road, although this has been informed by the geotechnical survey.

8.11.1 Ecological Receptors

Through the process of scoping, consultation and ecological survey, ecological receptors have been identified as having the potential to be affected by the proposed development at Tir Pentwys. It is important to note that only those receptors with the potential to be affected, ie requiring further consideration in this EcIA, are included below.

The following habitats have been identified as receptors:

• Tir Pentwys Cut SINC;


• Woodland habitats between Craig Sion Siencyn and Craig Gwent, which includes areas identified as a SINC and considered to represent ancient woodland;

• Acid grassland on common land identified as a SINC; and

• The mosaic of habitats at Tir Shon Shenkin Farm (Fragmented heathland habitats, species-rich semi-improved fields and beech hedgerows).

The following species have been identified as receptors:

• Bat assemblage of 11 species including small non-breeding roosts of four species;

• Breeding, passage and wintering bird assemblage;

• Reptile assemblage;

• Palmate newt and common frog populations associated with Tir Sion Shenkin Farm pond; and

• Invertebrate assemblage.

It is important to note that bat hibernation surveys are currently ongoing and will be reported as a supplement to the SSES, although the nature of site restoration proposed at this stage are provisionally considered likely to encompass any mitigation requirements identified by ongoing surveys.

8.11.2 Summary of Proposed Development

Full details regarding the proposed development are provided in Section 3 of the SSES.

In summary there are two discrete elements:

1. Recovery of secondary aggregates from The Cut by the phased removal of existing conifer plantation woodland to enable processing of mineral and subsequent phased restoration; and

2. Construction of a new access road linking The Cut to the A472 trunk road to permit vehicular access to and from the mineral extraction area. The proposed scheme for access road design and construction has been designed on the basis of a 3.5m wide carriageway with cuttings and embankments to allow for the traverse of the steep wooded slopes of Craig Major. It is only proposed to clear vegetation, including trees, from the minimum width of this working corridor to minimise the possible effects of wind-throw or de-stabilising slopes during construction and operation of the road.

8.11.3 Potential Impacts to Habitats

The following predicted construction impacts have been identified and are discussed in the following section:

• Habitat loss, fragmentation and isolation through land-take;

• Alterations to surface water flow and quality;

• Pollution;

• Dust; and

• Landscape planting.

The following predicted operational impacts have been identified and are discussed in the following section:

• Alterations to surface water flow and quality;

• Pollution;


• Dust; and

• Creation of new habitats during restoration or compensation.

8.11.4 Characterisation of Potential Impacts

Habitat Loss, Fragmentation and Isolation through Land-Take

Habitat loss involves the direct destruction or physical take-up of vegetation, or other structures of conservation interest, such as dead wood or bare ground. Habitat loss may also occur as a result of a change in land or water management, for instance the drying-up of ponds or successional events leading to a change in habitat type.

Habitat loss can result in the direct loss of individuals or populations of plant or animal species. It may also cause other populations to become demographically unstable or unsustainable, due to loss of prey species or habitat niches.

Fragmented and isolated habitats are likely to be more vulnerable to external factors that may have a negative effect upon them; e.g. disturbance, and may be less resilient to change, including climate and management change; than connected habitats because colonising species may be unable to reach the habitat.

The area subjected to habitat loss or disturbance is split into the broad habitat types summarised in Table 8-8 below. It is important to note, that areas of habitat associated with The Cut can be reinstated during progressive restoration as discussed previously.

Table 8-8 Characterisation of Habitat Losses

Habitats Area Lost

The Cut

Coniferous plantation woodland c. 17.5 ha

Pioneer acid grassland and secondary coniferous scrub

c. 9ha

Cliff habitat c. 950m length

Aquatic habitat and flushes c. 0.5ha

The access road

Woodland (Craig Shon Shenkin – Craig Major). 2.5 to 3 ha based on 25-30m wide corridor of vegetation clearance.

Common land (Cefn Crib) c.1.05 ha

Farmland habitats of Tir Shon Shenkin c.6.85 ha

Fragmentation of habitats will occur as a result of the proposed access road, in particular to areas of common land and the woodland of Craig Shon Shenkin and Craig Major.

The potential impacts as a result of fragmentation relate to areas of retained habitat being subject to negative adverse effects i.e. edge effects, which lead to a reduction in habitat quality through changes to current regimes, or preventing the exchange of genetic material required in order to populations to be maintained at current levels.

In the context of the road corridor, significant areas of habitat will be retained beyond any potential zone of influence that could lead to localised changes in vegetation type or structure i.e increased levels of natural light due to removal of woodland canopy. As such, it is considered that the general integrity of the wider habitat resources will be retained and they could continue to function in ecological terms.


Due to the ecological importance of the habitats within the application sites, which includes non-statutory ecological designations and habitats identified as priorities under the UK BAP and LBAP, a mitigation package has been developed as set out in previous sections.

Alterations to Surface Water Flow and Quality

The current drainage of The Cut will remain un-altered by the operation. However, as the cliff faces of the eastern cut are back-filled, in accordance with the restoration plan, there will be disruption to the flows of water down rock faces, and associated flush habitats.

The water body within the western cut will be affected by a limited amount of tipping of quarry spoil. The lake drains into the Nant Cnyw catchment through sub-surface drainage and therefore it is considered unlikely that there will be any adverse impacts upon the aquatic communities of the Nant Cnyw catchment downstream of The Cut.

It is not anticipated that there will be any significant effect upon surface water flows, discharge rates or sedimentation in the existing off-site drainage systems. Therefore it is considered unlikely that there will be any adverse impacts upon the aquatic communities within the Nant Ffrwd-oer or Nant Cnyw water courses downstream of the site.

No surface water features will be directly affected by the proposed road construction. In the absence of the mitigation measures described in Section 6 of the SES, impacts relating to changes to surface water flow and quality could have an effect upon woodland, acidic grassland and heathland habitats that occur adjacent to the proposed road route. However, the mitigation measures proposed in the SES will prevent these impacts from occurring.

Pollution

During construction, there is potential that stored materials, plant and construction-associated transport could lead to an increased risk of accidental pollution events, which could have an effect upon habitats and species. During operation, there is a very small risk of accidental pollution, e.g. fuel spill or loss of load resulting from a traffic collision on the proposed road. Impacts relating to pollution could have an effect upon woodland, acidic grassland and heathland habitats, identified as ecological receptors of District importance.

Dust

Though dust suppression methods significantly reduce the deposition of dust in the locality they cannot eliminate it. Fugitive dust from development sites is typically deposited within 100-200m of the source; the greatest proportion of which comprise larger particles (greater than 30 microns) is deposited within 100m. Where large amounts of dust are deposited on vegetation over a long time scale (a full growing season for example) there may be some adverse effects upon the plants’ photosynthesis, respiration and transpiration. Furthermore it can lead to phytotoxic gaseous pollutants penetrating the plants. The overall effect will be a decline in plant productivity, which may then have indirect effects on fauna. The amounts of dust deposited and its effects are also dependent upon weather conditions as in wet weather less dust will be generated and that which has been deposited upon foliage is likely to be washed off.

A combination of screening tree belts and onsite dust mitigation measures associated with the mineral recovery area of The Cut will reduce the amount of dust that actually leaves the site to a negligible level.

It is considered that the immediate surrounding habitats of The Cut, i.e. rush-pasture grasslands, acidic grasslands and coniferous forest and their associated species are not


particularly sensitive to the impact of dust. It is therefore unlikely that dust deposition will significantly affect any of these habitats or species.

The movement of vehicles transporting minerals from the reclamation site (The Cut) may also generate dust during operation of the road. Impacts relating to dust deposition could have a negative effect upon the woodland, heathland and acidic grassland habitats that will border the road, although it is considered that any such effect will be restricted to the immediate zone of influence and that the wider habitat resource will continue to function ecologically.

8.11.5 Restoration Strategy

The restoration scheme for The Cut forms an intrinsic part of the development proposal and will be representative of a positive impact (see section 3 of ES). The restoration aims to progressively re-create a series of locally appropriate habitats throughout the site as phases of extraction come to completion. Table 8-9 shows the habitats that will be re-created and indicates whether any national or local Torfaen BAP targets are likely to benefit from the scheme.

Table 8-9 Restoration Habitats of The Cut

Habitat Type Community types (where applicable) and location.

BAP Habitat10

Possible BAP Species that may benefit from restoration

Acid Grassland Throughout site. Target community NVC U4 Festuca ovina – Gallium saxatile grassland

buzzard (L), kestrel (L), lapwing (L), skylark (UKP), brown hare (UKP)

Upland heather moorland

Restored hilltops and valley sides, above 370m. Target community NVC H12 Calluna vulgaris – Vaccinium myrtillus heath.

Upland heath (UKP) buzzard (L), peregrine (L), common lizard (L)

Bryophyte dominated flush and springs

Restored plant stocking area and retained quarry faces in NE and the western cut.

Acidic marshy grassland and mire

Topographic hollows created within restored plant stocking area.

amphibians (L)

Ponds Ephemeral and permanent pools, re-created in plant site and retained outside working area.

Standing open water and canals (UKB)

amphibians (L)

Upland streams Restored stream through working area

Rivers and streams (UKB)

bats (L, UKP), dipper (L),

Upland oak/birch woodland

Oak – birch woodland planted on site boundaries and within plant stocking area. Target community NVC W16 Quercus - Betula pendula woodland

Upland oakwood (UKB) bats (L, UKP), lesser spotted woodpecker (L), green woodpecker (L),

Scrub and hedgerows

Planted on woodland edges and as boundaries to grassland areas

Scrub (L) bats (L, UKP), farmland birds (L)

Sandstone cliffs Retained quarry faces in NE end Quarries (L)

10

KEY: UKP – UK BAP priority habitat or species, UKB – UK BAP broad habitat, L–Torfaen local BAP species or habitat.


of the eastern cut and western cut.

The management of all site habitats will be subject to a nature conservation based management plan and aftercare agreement for a minimum of five years, which will include the development of a Site Biodiversity Action Plan (SBAP).

8.11.6 Landscape Planting

To reduce the potential impacts of the proposed road particularly in its upper valley section, it is proposed that a series of new beech hedgerows, heathland and an extension to the existing woodland, including oak/birch woodland and beech woodland habitats are created as illustrated in Drawing TPS 3/4. Existing heathland and acidic grassland habitats will also be brought into more favourable and regular management to enhance their biodiversity value through the development of a site Biodiversity Action Plan. Although such measures are proposed as compensation, they will be representative of an impact due to the land take required.

Landscape enhancements will include a significant area of woodland planting adjacent to the western-most section of private road. The planting will extend the area of existing native woodland up the valley slope and enclose the tight curve at the western most section of the road. The woodland will be extended out to existing field boundaries with new beech hedgerows planted along its edge to form new field boundaries where required. Similar hedgerow and woodland planting will be carried out to sections of the proposed access route adjacent to Cefn-crib Road to re-enforce existing vegetation and replace vegetation lost during the road construction.

The additional areas of native broad leaved woodland proposed total 2.76 hectares. It is proposed to create a total of 1.02 hectares of heathland and introduce management to 1.32 hectares of acid grassland and heathland mosaic habitats. An additional 1104m of beech hedgerow will also be planted. Single-species beech hedgerows are specified to fit in with the local hedgerow character, which is predominantly single-species beech hedgerow.

8.12 Potential Impacts to Species

8.12.1 Bats

Impacts to Roost Sites

The proposed development at Tir Pentwys will result in the loss of six bat roosts, which have been found to support low numbers of four bat species that are known to occur relatively frequently in South Wales.

The main potential impacts to bats relate to killing or injury during the removal of roost features, which will represent an offence under the legislation that protects them. Such impacts will be avoided through the implementation of capture and exclusion measures that will be implemented under Welsh Government licence.

The identified roosts have not been assessed as being of particular conservation importance, due to the low numbers of bats recorded, low frequency of use and absence of breeding activity. As such, the potential impacts due to roost loss are of relatively low significance and their loss is not considered likely to impact upon the current geographic range or conservation status of the species concerned.


Impacts to Foraging and Commuting Habitats

The recovery of aggregate will result in temporary losses of bat foraging and commuting habitats, although comparable and higher value habitats will be reinstated during progressive and final site restoration. Any short term variations in the foraging habitat resource associated with the phased nature of works are unlikely to result in any significant impacts to the bat assemblage. Such works are of a comparable scale and duration to landform changes that have been undertaken relatively frequently during the history of The Cut as a former mineral extraction site. Due to the extent of habitat that will remain undisturbed, or be reinstated, at each phase of restoration or in the wider landscape beyond the application site boundary, it is considered that as mobile species, the local bat assemblage could adapt to such changes in the location of foraging habitats without detriment to the fitness or range of individual populations of species.

Construction of the proposed access road will lead to the loss of approximately 3 hectares of broadleaved woodland and approximately 6.85 hectares of farmland, including hedgerows and neutral grassland. This will reduce the area of foraging and commuting habitat available to bats, although is unlikely to significant in the context of retained habitats that will continue to provide foraging grounds for the relatively low number of bats observed during surveys.

The principal foraging habitat for bats along the road corridor will be largely retained. Construction of the road will be likely to create new foraging opportunities due to the creation of new marginal habitat within the woodland and new woodland planting.

Following the construction of the proposed access road, open-canopy woodland habitats will be fragmented by a road corridor of up to 30m in width. This fragmentation will not represent a physical barrier to the movement of bats but may lead to changes in their commuting flight and foraging patterns. The risks of bat collisions with vehicles on this road is unlikely to occur as the road will be operated as a private road and the majority of the traffic will be using the road during the daylight operational hours only.

Hedgelines on the site are important to bats as linear features to aid navigation. Removal of hedgelines on the site could therefore have an adverse effect on foraging or commuting routes. However, the proposed access road will broadly follow the route of any removed hedgeline and be planted with trees and shrubs along its margins, which should ensure the continuity of these linear features. The particular impact of landscape planting associated with the access road on the bat assemblage is discussed below in more detail.

Indirect Effects - Noise and visual disturbance

Increased levels of noise during construction and traffic during operation have the potential to have a negative effect on bats. Bats seek a low incidence of human disturbance, and noise could adversely affect the commuting, foraging and roosting behaviour of the assemblage at the site. The type of noise and vibration associated with the operation of private road haulage, i.e. mainly during daylight hours, is unlikely to have a significant effect upon the roosting or foraging behaviour of bats within the woodland.

It is not proposed to introduce significant levels of artificial lighting along the road, with the exception of traffic lights at either end of the private road. The proposed lighting scheme is unlikely to have an impact on bat populations.

Any visual disturbance may be caused by the use of traffic lights and an increase in the volume of traffic of vehicles using headlights, will be localised and/or transient. This disturbance will be particularly applicable to the winter period when shorter daylight hours


will result in working during periods of darkness. However, emergence and foraging by bats is minimal during these months and no significant impacts are predicted.

Summary

In conclusion, roost sites of low-medium conservation priority and relatively small scale habitat losses will occur. In the context of the surrounding landscape, the predicted impacts are not considered to be significant, due to the low risk of the site being of critical importance to local bat populations in terms of maintaining their current range or local/national status. It is considered unlikely that the proposal at Tir Pentwys will affect the ability of the bat assemblage to continue using habitats at levels required in order to maintain population fitness and overall Favourable Conservation Status.

8.12.2 Birds

The potential impacts to breeding birds are most likely to occur during vegetation removal. Such works can be timed to avoid the nesting season thus removing the potential for an impact in a given season to occur.

The proposal will result in the loss of a habitat mosaic currently know to support 14 species of conservation concern, although only low numbers of breeding territories for these species will actually be lost.

Substantial areas of alternative nesting habitats for bird species occurring within the site are present in the surrounding area and will form a key element of the proposed restoration. As such, due to the extent of habitat that will remain undisturbed, or be reinstated, at each phase of restoration or in the wider landscape beyond the application site boundary, it is considered that as mobile species, the assemblage of breeding birds could adapt to such changes in the location of nesting sites foraging habitats without detriment to the fitness or range of individual populations of species.

As such, no significant impacts to the resource for local bird species that could result in any decrease in current conservation status is predicted.

8.12.3 Reptiles

The proposed road construction will result in the direct loss of habitats where common lizard and slow worm have been recorded or where their occasional presence is possible by virtue of connected habitats with a similar character. The area of direct habitat loss extends for approximately 2 ha.

In the absence of mitigation, removal of vegetation will have the potential to kill or injure reptiles during the removal of suitable habitats, and result in decreased foraging habitat which could potentially affect the population size as a result of reduced prey sources.

However, a wider resource of known or potential reptile habitats will be retained which is considered sufficient in terms of area and habitat quality to maintain the current ‘low’ populations of common lizard and slow worm.

Furthermore, significant areas of habitat with negligible value to reptiles currently occur within The Cut. These will be restored to higher value reptile habitats and provide a potential re-introduction site which will increase the range of reptiles at the local level. As such, in the medium to long term, it is considered that the common lizard population will benefit and be likely to increase in both size and range.


8.12.4 Amphibians

The potential impacts to amphibians involve the loss of breeding and terrestrial habitats of three species of relatively common and widespread amphibians, which could in turn reduce overall population sizes. This includes palmate newt, common frog and common toad, a UK BAP priority species.

The majority of potential impacts will occur in relation to the recovery of aggregate from The Cut. This will involve:

• loss or disturbance of Pond 1, which supports breeding frog and toad and potentially a small population of palmate newt;

• loss of Pond 2 which showed no evidence of breeding amphibians; and

• disturbance of (Pond 4) during over-tipping of spoil into the lake, which supports small populations of frog and palmate newt.

The proposed road construction will result in minor losses of terrestrial habitats, although in the context of surrounding habitats that will be retained or created, it not considered to be a significant impact that will significantly affect the current assemblage amphibians.

8.12.5 Invertebrates

The potential impacts to invertebrates will take place during habitat removal. However, significant areas of comparable and potentially higher value invertebrate habitats will be retained in the wider landscape that will provide a continuation of habitats for invertebrates.

Among the 320 species identified, three nationally scarce species were recorded within the application site boundary: the Scarce Blue-tailed damselfly which is listed in the Torfaen LBAP, the snail-killing fly Tetanocera punctifrons and the fly Sapromyza zetterstedti. Two more nationally scarce species recorded outside of the application site as were the wetland soldierfly Oxycera pardalina and the water beetle Helochares punctatus.

Features of greatest value to invertebrates were the open water features, i.e. the ponds, the ditch and the seepages, which will continue to occur in the local landscape and form part of habitat creation of the proposed restoration.

As such, no significant impacts to invertebrates are predicted.

8.13 Proposed Mitigation and Enhancement strategy

The mitigation and enhancement strategy follows a staged approach i.e. avoidance, mitigation and compensation.

With regard to the recovery of aggregate from The Cut, avoidance is not possible as the mineral reserve is located here. Detailed appraisals of alternative access routes were undertaken as part of the ES and SES, these have identified the proposed access route as the only viable option.

Opportunities to deliver mitigation and compensation for the disturbance of habitats and impacts to species that have been identified will be taken during the progressive restoration of The Cut and through habitat creation measures associated with the proposed access route. Further details are provided in Chapter 5 of the ES and summarised below.


8.13.1 Proposed Mitigation and Compensation for Impacts to Habitats

The following section provides a summary proposed mitigation, which is largely aimed at mitigating for impacts to woodland habitats.

8.13.2 Woodland Habitats between Craig Sion Siencyn and Craig Gwent

The proposed road corridor is of the minimum width that is required to construct a road that meets with the necessary safety requirements, and is suitable for its intended use by heavy goods vehicles, thereby reducing the areas of vegetation to be removed to a minimum.

Areas of new woodland planting will be undertaken as a compensation measure to replace in terms of area the woodland to be lost. The landscape proposals, shown on Drawing TPS 3/4, include recommendations to replant the road corridor cleared of vegetation following the construction of the roadway. In addition, it is proposed to plant a further 2.76 hectares of native mixed broad leaved woodland within the vicinity of the proposed access road to create a connected wooded landscape of hedgerows and woodland blocks and scrub. A mix of locally appropriate woodland edge and scrub species will be included in the planting mix, including a locally-appropriate species-rich mix of woodland glade flora. Where available, planting stock will be of local, i.e. South Wales, provenance.

A management and maintenance scheme will be implemented as standard aftercare practise to ensure that these habitats establish and are maintained to maximise their biodiversity value.

8.13.3 Fragmented Heathland Habitats within Tir Shon Shenkin Farm

Fragmented remnant heathland habitats that occur within the vegetation clearance corridor will be lifted in turfs and directly placed onto pre-prepared soils in receptor areas adjacent to the road corridor. Receptor sites will be selected that have a similar aspect and soil profiles of the donor area. Where possible, previously disturbed areas of heathland habitat will be selected as donor areas to extend and increase the continuity of current habitats.

In addition, heathland and acid grassland creation will also be undertaken in adjacent habitats. Where possible, brashings from ericoid shrubs will be collected and spread onto adjacent grassland following ripping to create a suitable seedbed. This will encourage the spread of heathland into surrounding habitats.

The site BAP plan will be prepared to ensure the maintenance of these heathland areas and other areas of heathland and acidic grassland in favourable condition. Management is likely to include the selected cutting of heathland to create a mosaic of heather of different ages. A total of 2.34 hectares of heathland and acidic grassland will be created and brought into suitable management.

8.13.4 Restoration of Grassland Habitats Disturbed by Earthworks

Where possible, turfs and/or topsoil of species-rich grassland will be identified prior to the start of earthworks and the top 10cm of the soil profile will be stored in nearby areas during the construction works. Following construction, removed turfs/topsoil will be replaced in a patchwork arrangement on a prepared soil surface. If necessary, to prevent silt-laden runoff or slope instability, slopes will also be re-seeded with a nurse grass of bents and fescues, sown at a low rate. A nurse grass will allow natural colonisation of species from translocated turfs.


In areas where translocated turfs are not available, species-rich native grassland seed or green hay of local provenance will be sought as an alternative. Neighbouring fields may be able to provide a suitable local source of green hay.

8.13.5 Beech Hedgerows within Tir Shon Shenkin Farm

As part of landscaping proposals, beech hedgerows will be replanted to replace those removed as part of the vegetation clearance. Existing hedgerows and tree lines of beech will also be enhanced through new planting to recreate missing or gappy hedgelines throughout Tir Shon Shenkin Farm. A total of 1104 m of new beech hedgerow will be created, linking woodland habitats and creating corridors which may be suitable for fauna migration and bat commuting routes.

8.13.6 Proposed Mitigation for Impacts to Species

8.13.7 Bats

A strategy to minimise disturbance and provide adequate mitigation to bats and their habitats during the proposed development has been devised. The main elements of this strategy are:

• Where possible, avoid development disturbance to known or potential bat roosts.

• Ensure that any disturbance of roosts is carried out under a Welsh Government licence and that the timing of disturbance is the most appropriate time to minimise disruption to bats using the roosts.

• Where the loss of a roost is unavoidable, compensate for the loss of existing roosts by creation of a roost providing a minimum of the equivalent replacement habitat that represents the characteristic of the feature(s) to be lost.

• Create a local landscape that provides linked woodland and scrub habitats as flight lines for bats.

• Provide detailed survey information on activity and use of the roosts scheduled for demolition prior to application of Welsh Assembly licence.

• Where possible, provide habitat enhancements for bats through the provision of compensatory roost features and habitats including wetland, trees, shrubs and woodland edge that will provide long terms foraging grounds.

• Monitor bat populations on the site, especially any artificial roosts that are created, to inform management decisions and to adhere to monitoring provisions of a Welsh Assembly licence.

A specifically designed mitigation scheme for bats will be designed in consultation with CCW and TCBC. This scheme will include the provision of new roosting areas to replace those roosts that will be removed and will also seek to enhance roosting and foraging opportunities for local bat populations. Surrounding vegetation will be managed and enhanced through a detailed management plan (site BAP) to ensure that the local bat population is maintained in favourable conservation status in the long term. Welsh Assembly will require a detailed method statement to be submitted outlining the proposed mitigation scheme to ensure the favourable conservation status of bats in this area is maintained.

8.13.8 Breeding Birds

Where existing trees and hedgerows are located within the vegetation clearance areas, pending their removal, they will not receive any further arboricultural maintenance prior to clearance. Where possible, vegetation with the potential to support breeding birds will be removed outside of bird nesting season, i.e. beginning of March to end of August inclusive,


immediately prior to earthworks operations. Hedgerows and trees will only be removed where required for earthworks or to ensure the stability of remodeled slopes.

If necessary, any clearance of trees or hedgerows within Bird Nesting Season should only be undertaken following a check for nesting birds by a suitably qualified Ecologist, immediately prior to clearance. Where feasible, any nests currently in use by breeding birds that are found will be left until such time as the birds have finished nesting in that location.

Clearance of rough grassland and moorland habitat will only be undertaken during the Bird Breeding Season following a check for the presence of ground nesting birds. Where possible, these habitats will be cleared of suitable nesting habitat, e.g. long grass and patches of rushes, prior to the start of the Bird Nesting Season to limit their attractiveness to breeding birds.

8.13.9 Reptiles

A two-point strategy for reptile mitigation is proposed below. Each different level of mitigation will be implemented where the relevant criteria have been met.

1. Precautionary mitigation for potential reptile habitats;

2. Mitigation for small/moderate populations of common UK reptiles;

In addition, brief notes relating to the management and enhancement of existing or created habitats are provided. Whilst not directly targeted by the proposed mitigation methodology, this mitigation is also appropriate for amphibians in terrestrial habitats. It is recommended that the suggested approaches to mitigation are discussed agreed with the TBC and CCW prior to their implementation.

Precautionary mitigation for potential reptile habitats

In principle, the precautionary mitigation approach involves the clearance and modification of vegetation to make it unsuitable habitat for reptiles. This approach will be used where the present survey has not shown that reptiles are present, but that the habitats are still deemed to be suitable for reptiles.

Initially, the vegetation to be cleared will be walked through, observing for signs or evidence of reptiles. For small areas, up to 100m2, the vegetation will be cut by brushcutter to a height of 5cm or lower, without disturbing the soil surface. Where larger areas are proposed to be cleared, a tractor-mounted mower could be used following an initial check of the habitats to be mown.

This method will make these habitats unsuitable for reptiles moving through and will encourage any reptiles that may be present within this area to move into surrounding habitats that are undisturbed.

In the event that any reptiles are found during these operations then a suitably qualified ecologist will be contacted.

It is proposed to use this approach for areas of potentially suitable reptile habitat within the proposed access route where survey has not confirmed the presence of reptiles. Vegetation within these habitats will be cleared during winter, to minimise potential disturbance to reptiles and breeding birds.


Mitigation for Small to Moderate Populations of Reptiles

Where survey has identified low populations of reptiles then it is proposed to combine the above approach of habitat modification with targeted translocation of reptiles using artificial refuges or “tins”.

A series of clusters of artificial refuges will be laid out in suitable habitats within the area to be cleared; these refuges will be arranged in small grids of 6-10 refuges, with a target density of a minimum 100 refuges/Ha. There will be a space of approximately two weeks before the following visits take place in order to allow the refuges to ‘bed-in’ and become more attractive to reptiles. The site will then be visited, in suitable weather conditions, until no reptiles have been captured or observed for five visits.

During each successive visit approximately 20% of the area to be cleared will be selectively strimmed following an initial hand-search for reptiles and a check of all artificial refuges. Any reptiles, or other fauna, discovered using refuges will be moved to suitable unconnected reptile donor habitats. The progressive strimming will encourage any reptiles that may be present in the area into surrounding undisturbed areas. Strimming will also reduce the habitat area suitable for reptiles and increase the chances of finding individuals under artificial refuges. During each visit, a destructive search of any suitable natural refuges and features such as brick and wood piles will also be made; if possible, these will then be made unsuitable for reptiles.

Where possible, donor sites will be completely unconnected to habitats which are being disturbed. If this is not possible, sections of reptile-proof fencing may be employed to reduce the risks of reptiles returning to cleared areas.

8.13.10 Amphibians

No specific mitigation for amphibians is proposed or deemed to be required. It is considered that the continued presence of amphibian habitats adjacent to the application site will act as a reservoir for amphibians during operational periods, allowing amphibians to then utilise new habitats created during progressive restoration.

8.13.11 Invertebrates

Mitigation measures are proposed during the recovery of aggregate to reduce the potential negative effects of the proposal on invertebrates. These are:

• Protection of the ditch during the quarry’s reworking and, in the long-term, to safeguard the wetland fauna of interest;

• Replacement and enhancement of habitat lost or damaged due to the development upon restoration, especially wetland features, e.g. pools and swamp habitats;

• Allowing the seepages from the rock faces to re-establish where they naturally emerge; and

• Inclusion of invertebrate friendly habitats in the restoration including areas of nutrient-poor dry stony vegetation.

No further mitigation for invertebrates is proposed or deemed to be required. It is considered that the continued presence of comparable and potentially higher invertebrate habitats adjacent to the application site will act as a reservoir for invertebrates during operational periods until such a time that the above features have established.


It is important to note that such features have established relatively recently following cessation of previous mineral extraction, which in itself is considered to provide sufficient evidence that mitigation and enhancement/restoration will established as predicted.

8.13.12 Residual Ecological Impacts

Table 8-10 provides a summary of the potential impacts on ecological receptors that have the potential to be affected by the recovery of aggregates and construction of a new access road at Tir Pentwys, following implementation of the above mitigation and enhancement measures.


Table 8-10 Summary of Potential Impacts, Mitigation and Residual Impacts

Important Ecological Feature Description of Potential Impact

Characterisation of Impact Ecological Significance of Impact if unmitigated

Mitigation and Enhancement Proposals

Significance of Residual Impact following Mitigation and level of Confidence.

Construction and Operational Impacts – during vegetation removal and mineral extraction.

Removal of habitats from Tir Pentwys Cut SINC (The Cut). County value

Loss of c, 27ha of habitat comprising;

• 17.5ha of coniferous plantation woodland;

• 9 ha of pioneer grassland and secondary coniferous scrub;

• 950m of cliff habitat; and

• 0.5ha of aquatic and flush habitat.

Negative Certain Direct 36% of total SINC designated area will be directly lost. Reversible – habitats have been created/established following cessation of previous works and can be re-created again. Permanent – in this location but replacement higher value habitats to be provided during restoration.

Significant at District level only as a large proportion (c. 64%) of the SINC area will be retained.

Restoration of disturbed areas to habitats identified as priorities in existing BAP frameworks and appropriate management through implementation of site BAP. In medium-long term, the disturbed area will be expected to meet criteria for re-designation as a SINC.

Not significant following establishment of restored habitat. High level of confidence as features present (of SINC value) have established through planting or natural processes upon completion of previous mineral extraction and these can be replicated again.

Woodland habitats between Craig Sion Siencyn and Craig Gwent. District value Extensive habitat supporting ancient woodland indicator species.

Clearance of 25-30m wide vegetation corridor through woodland, although part of the corridor will require less clearance due to the route following an existing track. Total area 2.5-3.0 hectares. Habitat loss, fragmentation, and disturbance during construction and operation

Negative Certain Direct 10% of connected woodland area lost Remaining woodland fragmented into 2 parts Not reversible Permanent

Significant at District Level Confidence level – Medium Majority (90%) of habitat remains undisturbed but habitats fragmented into 2 parts

Replanting clearance corridor with suitable species, introducing a long-term biodiversity-led management programme to remaining woodland habitats. Creation of native woodland plantation, heathland and scrub outside current areas.

Significant at District level Medium certainty

Fragmented heathland habitats within Tir Shon Shenkin Farm District value Small areas of dwarf shrub heath dominated habitat (approx 200m2), supports reptile and small mammal populations

Clearance of 25-30m wide vegetation corridor through heathland total approx 100m2, habitat loss, fragmentation, disturbance of reptile and small mammal populations

Negative Certain Direct 30% total adjacent heathland area lost Remaining heathland fragmented Not reversible Permanent

Significant at District Level Confidence level – Medium-High Significant area of heathland habitats lost, remaining areas fragmented.

Removing and translocating heathland turfs to nearby suitable locations to create new areas of heathland. Introducing management to maintain and enhance existing areas of heathland. Low certainty

Significant at District level Low certainty

Neutral grassland within Tir Shon Shenkin Farm

Clearance of 25-30m wide vegetation corridor (approx 2 hectares).

Negative Certain Direct

Not significant at District Level Confidence level –

Re-seed cleared vegetation corridor with species-rich native meadow grassland

Not significant






District value Relatively species-rich semi-improved neutral grassland, typical of NVC MG5. Habitats surveyed could meet Wildlife Site selection criteria.

Habitat fragmentation and loss, Landscape planting woodland may alter habitat in long-term.

10% total habitat area lost Not reversible Permanent

Medium Small area of habitat lost, small fragment may be susceptible to disturbance

Medium certainty

Beech hedgerows within Tir Shon Shenkin Farm Local value Hedgerows potentially support a nesting bird assemblage, foraging, roosting and navigational resource for bats

Loss of individual trees, estimated between 10-30 mature trees

Negative Uncertain Direct 5 – 10% total habitat area on farm lost Not reversible Permanent

Not significant at Parish Level Confidence level – Low Small area of habitat lost

Re-plant beech hedgerows where appropriate to replace those removed Medium certainty

Not significant

Bat assemblage Regional value 11 species of foraging and commuting with confirmed roosting of four species. All bats are protected under the provisions of Section 9 (pt 1-5) of WCA 1981 and Habitat Regulations.

Site clearance leading to loss of foraging, commuting and roosting sites Construction and operation disturbance, habitat loss and fragmentation. Creation of new corridor as potential foraging and navigational resource (+ve)

Negative (minor Positive) Uncertain Direct and Indirect 10% of woodland area, 5-10% of beech hedgerows, 34% of Cut area (although phased removal) Not reversible Permanent

Significant at Regional Level Confidence Level – Low

Majority of habitat unaffected, replacement habitat created on a like-for-like basis. Scheme implemented under Welsh Government Licence through consultation with CCW. Medium-Low certainty

Impacts upon roosts - Not significant Impacts upon foraging and flight lines – Not significant (Low certainty)

Breeding, passage and wintering bird assemblage County value Protected whilst breeding under Section 1 WCA 1981

Clearance of 25-30m wide vegetation corridor, up to 12ha to establish road corridor. Clearance of 27ha of habitat in The Cut to recover aggregate. Loss of potential breeding and foraging habitat, disturbance

Negative Uncertain Direct and Indirect <1% of habitat Not reversible Permanent

Not significant at County Level Confidence Level – High

Avoidance of habitat disturbance during breeding season (March-August inclusive) Recreate acidic grassland on cleared habitats through replacement of topsoil and re-seeding. High certainty

Not significant

Reptile Assemblage associated with Crumlin Road and Tir Shon Shenkin Farm Protected from killing and injury under Section 5 (pt 1, 5) of WCA 1981 Small population slow worm

Clearance of vegetation corridor and visibility splay. Loss and fragmentation of habitat, potential for killing and injury of animals

Negative Certain Direct and Indirect 20% of habitat Partially reversible Permanent

Significant at District Level Confidence Level – High

Implement a mitigation scheme designed according to best practice guidelines to avoid harm to reptiles, including translocation. Re-create slow worm habitats in cleared areas around road bell mouth and visibility splay and manage to maximise reptile value.

Not significant






Medium certainty

Amphibian Assemblage Local value Protected from sale under Section 5 (pt 5) WCA 1981. Good population of palmate newts and a Low populations of common frog and common toad.

Loss and fragmentation of terrestrial foraging habitat, Pollution, dust and noise and visual disturbance during operation.

Negative Certain Indirect <10% of terrestrial habitat lost; no loss of aquatic habitat Partially reversible Permanent

Not significant at Local Level Confidence Level – High

Creation of new amphibian terrestrial and aquatic habitats manage to maximise value. High certainty

Not significant

During Restoration

Habitats - Restoration of extraction area as per restoration concept.

Restoration of The Cut to a habitat mosaic of grassland of conservation value (acid grassland and marshy grassland), heather moorland, aquatic habitats (flushes, ponds and streams), upland oak/birch woodland and scrub and hedgerows.

Positive Permanent

n/a n/a Significant at District level


8.14 Legal Considerations

The presence of legally protected species has been identified, including European Protected Species (EPS) i.e. Bats. Table 8-11 provides an overview of the legal considerations of the proposals although does not constitute solicited legal advice. Only those legislative requirements that relate to development scenarios are considered.

Table 8-11 Summary of Legal Considerations

Species/Group Potential offence Consideration

Bats (all species)

Conservation of Habitats and Species Regulations 2012.

(a) Deliberately capture, injure or kill and wild animal of a EPS

(b) Deliberately disturb wild animals of any such species.

Potential for this to occur during removal of roost features.

Sensitive working measures will be implemented under WG licence to minimise the risk of such actions i.e. timing of works, stage removal of roost features.

(c) Deliberately take or destroys the eggs of such an animal

n/a

(d) Damage or destroy a breeding site or resting place of such an animal

This will only be undertaken under a derogation licence following provision of alternative roost features designed to follow the character of those features to be lost.

Bats (all species)

Wildlife and Countryside Act (WCA), Schedule 5

9 (4) (b) disturbance of any such animal while it is occupying a structure or place which it uses for shelter or protection; and

9 (4) (c) obstruction of access to any structure or place which any such animal uses for shelter or protection.

Although EPS licences are not available for development situations with regard to the WCA, the measures being implemented under WG licence to avoid causing offences under the Conservation and Species Regulations will also cover the potential offences under the WCA.

Breeding Birds

Wildlife and Countryside Act 1981 (as amended)

Section 1, Part I makes it an offence (with certain limited exceptions and in the absence of a licence) intentionally to:

• kill, injure or take any wild bird;

• damage, take or destroy its nest while that nest is in use or being built; or

• take or destroy its eggs.

Timing of works will avoid removal of vegetation during bird breeding season in order to comply with legislation. Where this is not possible, advance survey of vegetation will confirm whether breeding birds are present or not.

For species listed on Schedule 1 of the Act, it is an offence intentionally or recklessly to:

• disturb a bird listed on Schedule 1 while it is nest building, or at a nest containing eggs or young; or

An annual survey of retained habitats will identify whether species listed on Schedule 1 are breeding within the zone of potential disturbance.


Species/Group Potential offence Consideration

• disturb the dependent young of such a bird.

Reptiles

Wildlife and Countryside Act 1981 (as amended)

Receive partial protection in respect of killing or injury.

Reptile mitigation scheme proposed will prevent intentional or reckless killing or injury of reptiles.

In the case of Bats, i.e an EPS, the local authority has responsibilities in respect of the requirements of the Conservation of Habitat and Species 2012 (as amended) Regulations (Regulation 9(5)). Local Planning Authorities are required to consider the likelihood of a licence being granted by Welsh Government and to consider the three tests accordingly. Table 8-12 provides a review of the three tests in respect of the proposed development at Tir Pentwys.

Table 8-12 Review of the Three Tests

Test Consideration

1. The consented operation must be for “preserving public health or public safety or other imperative reasons of over-riding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment.

The proposal relates to the recovery of high grade mineral that is recognised as a nationally important resource in meeting requirements for highly specific road surfaces.

2. There must be “no satisfactory alternative” The specified mineral is located within The Cut and therefore the alternative is to leave the mineral in situ which will not allow recovery of a nationally important resource.

Detailed assessments of potential alternatives for an access road have been investigated and no satisfactory alternative has been identified.

3. The action authorised “will not be detrimental to the maintenance of the population of the species concerned at a Favourable Conservation Status (FCS) in their range.

Extensive bat survey and assessment over a period extending up to nine years has not identified any roosts that are assessed as being of high conservation importance.

The majority of foraging and commuting habitats will be retained.

Mitigation measures and provision of compensatory roosts and replacement areas of foraging habitats to be lost will ensure the ecological functionality of the application site is maintained and no detrimental effects upon the FCS of nay bat species will occur.

8.15 Policy Implications

A number of planning policies of relevance to this EcIA have been identified. Table 6-3 below provides a summary of such policies, together with consideration of whether the proposed development contravenes the policy or not.


Table 8-13 Summary of Policy Considerations

Planning Policy Consideration

TAN5, PPW TAN 5 provides a wider overview of planning considerations relating to nature conservation, for which the policies contained within the local plans below encompass.

Gwent Structure Plan (Policy C8)

Whilst the effect on sites of county importance will be significant for the areas affected, the majority of such features will be undisturbed by the proposals and, with respect of The Cut, could be restored to habitats of comparable and higher ecological value.

Gwent Structure Plan

Policy C9

Restoration of The Cut places an emphasis on the creation of ecologically valuable habitats that are included as priorities on local and national biodiversity action plans, including grasslands and heathland.

TCBC Local Plan

General Policy G1 B (v)

Whilst the effect on sites of county importance will be significant for the areas affected, the majority of such features will be undisturbed by the proposals and, with respect of The Cut, could be restored to habitats of comparable and higher ecological value.

TCBC Local Plan

Policy E6

No effects upon statutory designated sites are predicted.

TCBC Local Plan

Policy E7

The proposals minimise the disturbance to woodland, heathland and acidic grassland habitats, and, where possible, re-create new areas of these habitats. These measures will ensure that the criteria of this policy are met.

TCBC Local Plan

Policy E8

The proposals minimise habitat losses in undesignated areas and translocation of any species-rich swards will be possible to areas of low ecological value to retain overall value of grassland and relict heathland areas to be disturbed.

8.16 Summary and Conclusions

In October 2003, SLR Consulting Limited (SLR) submitted an Environmental Statement (ES) to accompany a planning application, on behalf of Peakman Limited (Peakman), regarding the recovery of secondary aggregates from a former open-cast coal mining spoil heap, hereafter referred to as ‘The Cut’, at Tir Pentwys, Hafodrynys.

After submission of the application, further consultation with Torfaen County Borough Council (TCBC) and other organisations led to the consideration of alternative access routes to the extraction site of The Cut. The applicant now proposes to obtain access via the A472 to the south of the site, along the ’proposed access route’.

Ecological baseline surveys were undertaken in 2003, 2004 and 2005 to inform the Ecological Impact Assessment (EcIA) included in the ES. A Supplementary Environmental Statement (SES)11 was subsequently submitted by SLR in May 2006 which related to the proposed access route.

Further surveys have also been undertaken in 2007 and 2010 following consultation with TCBC and Countryside Council for Wales (CCW), with a particular focus on bats.

11

SLR Consulting Limited (May 2006) Proposed Reclamation Of Former Opencast Workings & Recovery Of Secondary Aggregates, Tir Pentwys, Hafodyrynys. Supplementary Environmental Statement


Due to the non-determination of the planning applications, a suite of updated ecological surveys have been undertaken during 2012 to inform an updated EcIA to be included with the SSES, which will seek to consolidate much of the information previously garnered into a single document.

An assessment of the significance of predicted ecological impacts that will result from the proposal has been undertaken following IEEM guidance.

The scope of this EcIA and updated surveys has been informed through consultation with statutory stakeholders and a review of background information available from a range of sources, including extensive pre-existing survey information for the site.

An updated Extended Phase 1 habitat survey was undertaken in early May 2012 by experienced terrestrial ecologists from SLR. Further surveys and evaluations were undertaken during 2012, due to the potential for habitats and species of ecological importance to occur.

The consultation and habitat and species surveys have provided a current ecological assessment of the application site, which includes the presence of legally protected, rare or notable species of flora and fauna.

The proposals will result in partial losses of non-statutory ecological sites that include habitats that have been identified as conservation priorities in the UK and Local BAP framework. A programme of mitigation and enhancement is proposed to minimise impacts, including a nature conservation-based restoration of The Cut and long term management through the implementation of a site BAP.

The potential impacts to species are considered to be less significant based on the extent of comparable habitats that will be present throughout the operational and restoration phases. The adoption of appropriate working methods and timings will further reduce impacts and a protected species mitigation scheme will be undertaken to include works for bats and reptiles.


9.0 NOISE

Noise assessments of all operations have been included in the ES and SES. As such, and in accordance with the Scoping Opinion, no further assessment of the noise environment is provided in respect of this submission.


10.0 AIR QUALITY

Assessment of air quality issues in respect of dust and HGV movements have been recorded in previous submissions. There is no material change of circumstances and therefore no further assessment has been requested or undertaken.


11.0 CULTURAL HERITAGE The Scoping Opinion (Appendix 1/2) includes a reference from Glamorgan Gwent Archaeological Trust (GGAT) to an objection they raised in 2003 (i.e. pursuant to the original ES), and seeks the completion of a desk-based assessment. This exercise was undertaken as part of the preparation of the SES in 2006, and the findings were included within that document. Section 11 of the 2006 SES summarises the result of that exercise and recommends the following mitigation and conclusions: 11.5 Mitigation “Given that there are no records or evidence of archaeological features either within, or close to the Site, it is not considered that any further investigatory mitigation measures are required. However, it is acknowledged that the construction of the new access road, and in particular the clearance of vegetation along the route of the road, could reveal some hitherto unrecorded features. Accordingly, it is proposed that a walk over survey will be completed by a suitably qualified archaeologist prior to earth moving commencing and following the clearance of vegetation along the route of the road. The walkover survey will determine whether any further watching brief, or recording, was required during the earth moving operations. Such brief or recording activities will be conducted in accordance with a protocol which will be agreed with the local authority archaeologist. 11.6 Conclusions A desk study of archaeological records, and Ordnance Survey mapping, has demonstrated that the majority of the Site, comprising the reclamation area at Tir Pentwys Cut, has been disturbed by recent open cast coal mining. However, there is no evidence of recent disturbance of the land that will be affected by the proposed access route. Consideration of records of ancient monuments has shown that there are no recorded archaeological features within the Site although there are records of features, predominantly of an industrial nature, in the vicinity of the Site. Given the nature of the land that will be affected by the access route, a mitigation strategy has been put forward which will involve the route of the road being inspected following clearance of vegetation at which stage the need for any further mitigation measures, which will comprise a watching brief, or recording of specific features, will be agreed with the council’s archaeologist.

Given the findings of the desk study, and taking into account the mitigation measures which have been put forward, it is concluded that there will not be an unacceptable impact on features of cultural heritage importance as a result of the development proposals being implemented.

In response to the 2006 consultation exercise, GGAT (letter 7th November 2006) endorse the conclusions and:

“recommend that a condition requiring the Applicant to submit a detailed programme of investigation for the archaeological resource should be attached to any consent granted by your members. We envisage that this programme of work would initially


take the form of a walkover survey of the proposed new access route followed by the production of a series of specific mitigation measures depending on the nature of any features identified during the walkover survey. These will probably primarily comprise an intensive watching brief during the groundworks required for the development of the access track with detailed contingency arrangements including the provision of sufficient time and resources to ensure that any archaeological features that are located are properly investigated and recorded. We recommend that the condition should be worded in a manner similar to the model given in the Welsh Office Circular 60/96, Section 23.........”

Accordingly, no further information is submitted, and the Applicant will be pleased to comply with a condition that accords with the above.


12.0 HIGHWAYS

The Scoping response in respect of highways requests updated information on the destination of material and any cumulative effects from the development of the adjacent mineral resource in Blaenau Gwent. In respect of the destination of material, this remains similar to that previously submitted, and included within the 2006 SES as follows:

12.6.2 Future Trip Generation It is estimated that the development proposals would generate approximately 50 one way HGV trips per day (100 HGV two way movements), assuming an average payload of 20 tonnes per vehicle. In addition to HGV traffic, it is assessed that there would be a small number of car / light vehicle trips associated with the operation proposed. The levels of these trips has been assessed at 20 one way trips per day, and for the purposes of this assessments it has been assumed that these would arrive during the morning peak hour and leave during the evening peak hour. This would equate to 140 movements of vehicles per day. The peak hour is estimated to have 18 vehicle movements, 12 of which would be by HGVs. 12.7 Trip Assignment / Distribution 12.7.1 Future Trip Assignment The distribution of HGV trips at the A472 / Crumlin Road junction would depends on specific orders for material at any one time. In view of the national market for high specification aggregates, however, the majority of HGV trips are anticipated to be via Pontypool to the east. In light of this, the assumed average percentage distribution split of HGV at the A472 / Crumlin Road junction is shown below: -

• East to Pontypool 75%;

• West to Newbridge 25%;

It is assumed that the distribution of light vehicles at the A472 / Crumlin Road junction would be distributed evenly to the east and west.

In the absence of any written response to the Transport Assessment submitted in 2006, it is assumed by the Applicant that no comment or objection has been raised by the local highways authority. With regards to the issue of cumulative impact, and as described above, in the absence of any planning application or permission in respect of the Blaenau Gwent resource, no assessment of cumulative impact can be made.


13.0 CONCLUSIONS

This Second Supplementary Environmental Statement sets out the results of further Environmental Impact Assessment of a planning application originally submitted in 2003 and revised in 2006 for the recovery of sandstone and restoration of a disturbed landscape. The application seeks to secure secondary aggregates from a site identified as a Preferred Area for Aggregates in the emerging Torfaen Local Development Plan. The site of the recovery of stone is not encumbered by environmental designations, and is a ready opportunity to meet local, regional and national demand for high quality sandstone that is considered in current Welsh policy to be of significance to the Wales and United Kingdom aggregates industry. The access route for the scheme has been the key issue in respect of determination. The Applicant has invested significantly effort in order to demonstrate that the ecology of the woodland is not compromised, and that the road can be constructed effectively, operated safely, and without significant impact on the woodland. This SSES demonstrates that there are no fundamental issues with the proposed development. The SSES provides a detailed objective analysis of the potential environmental effects which will be associated with the development, the measures available to mitigate those effects, and the likely effectiveness of the mitigation measures. The SSES has been prepared in order to assist Torfaen County Borough Council and other interested parties to reach a decision on the merits of the development and summarise the results of the assessment of any potential environmental effects of the proposed development and, where relevant, sets out conventional modern methods of mitigating the effects. The conclusion reached by the ES is that there are adequate mitigating measures being implemented to ensure that the development described could proceed without giving rise to unacceptable environmental effects. The mitigation measures proposed will result in there being no adverse residual effects on the existing environment or local amenity.


Tir Pentwys 404.0542.00002 Second Supplementary Environmental Statement January 2013

APPENDICES

Appendix 1/1 Request for Scoping Opinion

Appendix 1/2 Scoping Opinion

Appendix 3/1 Geotechnical Assessment

Appendix 7/1 Viewpoint Photographs

Appendix 8/1 Information on non statutory ecology sites

Appendix 8/2 Target Notes & Figures

Appendix 8/3 Bat Survey

Appendix 8/4 Breeding Bird Survey



DRAWINGS

Drawing SSES/01 Site Location Plan

Drawing SSES/02 Proposed Access

Drawing SSES/03 Amended Access





Drawing TP 3/5 Restoration Concept

Drawing TPS 3/1 New Access Road: Upper Section

Drawing C777/SD/E Standard Details


AYLESBURY 7 Wornal Park, Menmarsh Road, Worminghall, Aylesbury, Buckinghamshire HP18 9PH T: +44 (0)1844 337380 BELFAST 24 Ballynahinch Street, Hillsborough, Co. Down, BT26 6AW Northern Ireland T: +44 (0)28 9268 9036 BRADFORD-ON-AVON Treenwood House, Rowden Lane, Bradford-on-Avon, Wiltshire BA15 2AU T: +44 (0)1225 309400 BRISTOL Langford Lodge, 109 Pembroke Road, Clifton, Bristol BS8 3EU T: +44 (0)117 9064280 CAMBRIDGE 8 Stow Court, Stow-cum-Quy, Cambridge CB25 9AS T: + 44 (0)1223 813805 CARDIFF Fulmar House, Beignon Close, Ocean Way, Cardiff CF24 5HF T: +44 (0)29 20491010 CHELMSFORD Unit 77, Waterhouse Business Centre, 2 Cromar Way, Chelmsford, Essex CM1 2QE T: +44 (0)1245 392170 DUBLIN 7 Dundrum Business Park, Windy Arbour, Dundrum, Dublin 14 Ireland T: + 353 (0)1 2964667

EDINBURGH No. 4 The Roundal, Roddinglaw Business Park, Gogar, Edinburgh EH12 9DB T: +44 (0)131 3356830 EXETER 69 Polsloe Road, Exeter EX1 2NF T: + 44 (0)1392 490152 FARNBOROUGH The Pavilion, 2 Sherborne Road, South Farnborough, Hampshire GU14 6JT T: +44 (0)1252 515682 GLASGOW 4 Woodside Place, Charing Cross, Glasgow G3 7QF T: +44 (0)141 3535037 HUDDERSFIELD Westleigh House, Wakefield Road, Denby Dale, Huddersfield HD8 8QJ T: +44 (0)1484 860521 LEEDS Suite 1, Jason House, Kerry Hill, Horsforth, Leeds LS18 4JR T: +44 (0)113 2580650 MAIDSTONE 19 Hollingworth Court, Turkey Mill, Maidstone, Kent ME14 5PP T: +44 (0)1622 609242 NEWCASTLE UPON TYNE Sailors Bethel, Horatio Street, Newcastle-upon-Tyne NE1 2PE T: +44 (0)191 2611966

NOTTINGHAM Aspect House, Aspect Business Park, Bennerley Road, Nottingham NG6 8WR T: +44 (0)115 9647280 ST. ALBAN’S White House Farm Barns, Gaddesden Row, Hertfordshire HP2 6HG T: +44 (0)1582 840471 SHEFFIELD STEP Business Centre, Wortley Road, Deepcar, Sheffield S36 2UH T: +44 (0)114 2903628 SHREWSBURY Mytton Mill, Forton Heath, Montford Bridge, Shrewsbury SY4 1HA T: +44 (0)1743 850170 STAFFORD 8 Parker Court, Staffordshire Technology Park, Beaconside, Stafford ST18 0WP T: +44 (0)1785 253331 WARRINGTON Suite 9 Beech House, Padgate Business Park, Green Lane, Warrington WA1 4JN T: +44 (0)1925 827218 WORCESTER Suite 5, Brindley Court, Gresley Road, Shire Business Park, Worcester WR4 9FD T: +44 (0)1905 751310

TIR PENTWYS SECOND SUPPLEMENTARY ENVIRONMENTAL …planapps.torfaen.gov.uk/Tirpentwys_Second_Supplementary_Environ… · Tir Pentwys – SSES January 2013 2.0 THE SITE Tir ... The

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