PEDW Reference: DNS/ Common Land Report. Document Reference Number: Revision Number 1 November 2022 SYRFEWR JED CYF

Transcription

1 PEDW Reference: DNS/ Common Land Report Document Reference Number: Revision Number 1 November 2022 SYRFEWR JED CYF

2 SYRFEWR JED CYF. Chartered Surveyors, Auctioneers & Valuers. Llwynyrynn, Capel Isaac, Llandeilo, Carmarthenshire, SA19 7TP Report On behalf of:- Twyn Hywel Energy Park Limited Hodge House, Guildhall Place, Cardiff. CF10 1EB. On The suitability of various parcels of land adjacent to Mynydd Eglwysilan for Proposed Inclusion into the Mynydd Eglwysilan Common (CL61) to replace land lost to the Common land area as a result of the Twyn Hywel Wind Farm. Signed:- Dated: John Eirian Davies MRICS SYRFEWR JED CYF Llwynyrynn, Capel Isaac, Llandeilo Carmarthenshire SA19 7TP. 1

3 Index 1. Part 1 Instructions Introduction Qualifications Executive Summary 2. Part 2 The Legal Framework The Commons Act Welsh Government Guidance The Site Consultation. Landowners. Land Occupiers. Inspection of the subject land and surrounding common land. The proposed works and phasing of operations. Suitability of Phasing of Operations. Effect on Common areas Hypothetical event that all Commoners exercising their rights to graze. Public Access 3. Part 3 Suitability of the Replacement Land The Land. Topography and aspect. Drainage and Soils. Flora and Fauna. The surrounding common. 2

4 4. Part 4 Conclusion Appendices 1 Figure Planning Application Boundary. 2 Figure Infrastructure Layout. 3 Figure Public Rights of Way Diversion. 4 Figure Replacement Common Land. 5 Schedule of Photographs. 3

5 Part 1 Instructions 1.1 SYRFEWR JED CYF received instructions on the 24 th June 2020 from Twyn Hywel Energy Park Limited (the Applicant ) to consider the proposed Development of National Significance ( DNS ) for the Twyn Hywel Wind Farm (the Proposed Development ) and its impacts on Mynydd Eglwysilan Common (Common Land Unit CL61 (the Common )). 1.2 The Proposed Development requires the undertaking of restricted works on the Common and in accordance with the DNS regime an application for secondary consent will be submitted alongside the DNS application under sections 16 and 38 of the Commons Act This report considers: (a) (b) (c) (d) (e) (f) (g) what impact there would be on grazing rights and public access to the common land during construction and operation of the Proposed Development in terms of the maximum working area that will be used during construction and the post-construction footprint of the development; how the construction phasing proposed in the typical Construction Method Statement ( CMS ) will impact on grazing and access to the Common during construction; the type and quality of the existing common land that will be deregistered from the Common (the Release Land ); the type and quality of the parcels of land to be provided by the Applicant in exchange for the land to be deregistered as Common (the Replacement Land ); the way in which the commoners and public use the Common and how the commoners and public will be able to use the Common following the exchange of common land; how the Habitat Management Plan and other measures proposed by the Applicant will impact the Common (including the Replacement Land) in terms of public and livestock access, and grazing potential; and whether the proposed Replacement Land is suitable for inclusion within the Common in exchange for the Release Land and whether the Replacement Land would be detrimental to the interests of the commoners, landowners and the public. 4

6 Introduction 1.4 This report is prepared to accompany the common land applications in respect of the Proposed Development that have been made to the Welsh Ministers under sections 16 and 38 of the Commons Act 2006 for secondary consent pursuant to the DNS regime. 1.5 The Proposed Development is proposed on the Common and adjacent enclosed land to the north east as shown edged red on the plan at Appendix 1. The Common is a hill centrally located between Cilfynydd, Nelson, Llanbradach and Senghennydd in the County districts of Rhondda Cynon Taf and Caerphilly. Qualifications 1.6 John Eirian Davies is a Chartered Surveyor and chartered member of the Royal Institute of Chartered Surveyors ( ), born and brought up in the Amman Valley. Graduate of The Royal Agricultural College, Cirencester in 1990 with thirty years post qualification experience. 1.7 John Eirian Davies currently practices as a Director of Syrfewr JED Cyf at Llwynyrynn, Capel Isaac, Llandeilo, Carmarthenshire: having previously practiced as a Land Agent in the South Wales area for British Coal Opencast; and Independent Chartered Surveyor for Firm s in West Cumbria, Herefordshire, Powys and Carmarthenshire. 1.8 John Eirian Davies has extensive previous experience of properties and land in areas where energy production installations are proposed or in operation. In particular:- (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) Opencast Coal Sites in South Wales, Sellafield Nuclear Regeneration Plant, West Cumbria, Wind Farms in North Powys, Mynydd Y Betws Wind Farm, Blaengwen Wind Farm, Mynydd Y Gwair Wind Farm, Llandinam Wind Farm, Garreg Lwyd Wind Farm, Upper Ogmore Wind Farm, and Prospective wind energy generation sites in North, Mid and South Wales. 5

7 1.9 John Eirian Davies has specific expertise of providing expert reports on the suitability of land to be exchanged for deregistered common land for the construction of wind turbines on common land at the Mynydd Y Betws, Mynydd Y Gwair, Llandinam Repowering, Bryn Llewellyn and Upper Ogmore wind farms John Eirian Davies has expertise of specific management of land to be converted from improved grassland to extensively managed heathland. Also of land parcels to be utilised for Heather Transplantation and similar conservation techniques having steered the Heather Trial Project at Brynhenllys Opencast Site, Cwmtwrch , of restoration of a former working opencast coal site to a Nature Park at Park Slip, Bridgend and in assessing payments made to landowners and occupiers for disturbance and restoration costs as a result of the construction of wind farms at Betws and Garreg Lwyd. Executive Summary 1.11 Applications under sections 16 and 38 of the Commons Act 2006 have been submitted as part of the DNS application for the Proposed Development. Consent under section 38 of the Commons Act 2006 is required to carry out restricted works on common land, namely; to upgrade a byway open to all traffic through the Application Site so that it is suitable for use by the Proposed Development and the laying of an cable to enable the Proposed Development to export the electricity from the on-site substation to the national grid substation A separate section 16 application has been submitted for the Release Land required for the turbine bases, crane pads, new access tracks, drainage works,, working areas, borrow pits and their micro-siting areas The area of Release Land to be de-registered amounts to approximately Ha and approximately Ha of Replacement Land is offered in exchange. This report considers the suitability of five separate areas of Replacement Land to ensure that there is no overall reduction in the level of common land, no detriment to the level of grazing available to the common land occupiers and no loss of public access to those utilising the Common as a result of the Proposed Development. The report also identifies any benefits or drawbacks of inclusion of these parcels of land to the Common For the reasons set out in this report, it is considered that the proposed areas of Replacement Land are wholly suitable. Public access, including access for disabled users is improved. The grazing area to be provided is more than the area released from the Common. The grazing potential offered is similar to the adjacent common land areas. The location, topography and aspect of the Replacement Land results in improved shelter for livestock and improved access to running water for the same. The incorporation of the Replacement Land to the Common will provide a major benefit to the Common as a whole. 6

8 1.15 As a result of the Proposed Development there will be no reduction in the Common land area available to all users and there will be no detrimental impact on the commoners, landowners or public. 7

9 Part 2 The Legal Framework The Commons Act Works cannot be carried out on a common in Wales without the express permission of the Welsh Ministers. 2.2 An application for consent to carry out restricted works on common land can be made under section 38 of the Commons Act Restricted works are defined in section 38(2) and (3) of the Commons Act 2006 as being works which have the effect of preventing or impeding access to or over or involve the resurfacing of common land. Further advice on the use of section 38 was provided by the Planning Inspectorate (now Planning and Environment Decisions Wales (PEDW)) in May 2013 in its advice entitled Commons Act 2006: General Overview for Making an Application Under Section 16 and Section An application for consent to deregister and exchange common land is made under section 16 of the Commons Act The land to be deregistered becomes known as Release Land. Where the Release Land is more than 200sqm, the section 16 application may include a proposal to offer Replacement Land for registration in exchange. 2.4 Sections 16(6) and 39(1) of the Commons Act 1006 set out the criteria to which the Welsh Ministers must have regard when assessing an application. The DNS Regime 2.5 The Proposed Development constitutes a DNS under the Regulation 4A(1) of the Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016/53, as an onshore wind generating station with an installed generating capacity of 10 megawatts or more. 2.6 Pursuant to paragraphs 12 and 13 of Schedule 1 to the 2016 Regulations, applications made under sections 16 and 38 of the Commons Act 2006 can be secondary consents for the purposes of the DNS regime such that the common land applications will be considered by Welsh Ministers as part of the wider DNS application. Welsh Government Guidance 2.7 The Welsh Government published guidance for the determination of common land applications in August 2014, entitled Common Land Consents Guidance (referred to as the Guidance ). 2.8 The Guidance explains that the Welsh Ministers and Planning Inspectorate Wales (now PEDW) will follow the Guidance in processing and determining applications under sections 16(1) and 38(1) of the Commons Act

10 2.9 Paragraphs to of the Guidance sets out matters relevant to the use of common land and that should be taken into account by the Welsh Ministers when determining an application under section 16 and/or section 38 of the Commons Act 2006: (a) the interests of persons having rights in relation to, or occupying the land (and in particular, persons exercising rights of common over it) including; (i) (ii) (iii) What effect the proposals have on the ability of commoners or other rights holders (including the landowner) to exercise their rights? What alternatives have been explored that might reduce the impact of the proposals on the exercise of commoners rights? What effect the proposals will have on other rights holders such as those with access rights across the land? (b) the interests of the neighbourhood including; (i) (ii) (iii) Does the proposed replacement land or outcome intended by the proposed works add something that will positively benefit the neighbourhood? Does the loss of the release land or the construction of the works mean the local people will be prevented from using the common in the way they are used to? Does the construction of the works or, in relation to any exchange, will the removal of the release land from its status as common land interfere with future use and enjoyment of the land as a whole? Is it likely or possible that the release land could cease to be available as a means of access between other parts of the land as a whole? (c) the public interest including; (i) (ii) (iii) What effect will the proposals have on those wishing to use the common for recreation and access? Are there potential benefits to nature conservation from carrying out the proposals? Does Natural Resources Wales or any other competent person agree with the assessment of any proposed benefits? In relation to any exchange, what will be the impact of the replacement land in relation to nature conservation compared with the release land? Does Natural Resources Wales or any other competent person agree with the assessment? 9

11 (iv) (v) (vi) What will be the impact on the landscape if the proposals proceed? Is the landscape in a specially designated area, such as a National Park or Area of Outstanding Natural Beauty? Will the impact include an adverse effect on the enjoyment of the remaining part of the common? Will the proposals help protect archaeological remains and features of historic interest? How do the proposals fit into the historical context?; and (d) any other matter considered to be relevant. I will address each of these questions below Paragraph 4.12 of the Guidance provides that some works on common land, which do not benefit the common, have a potential underlying public benefit drawing on works for the generation of sustainable energy (wind farms) as an example Finally, paragraph 4.13 of the Guidance sets out the Welsh Government s considerations for sustainable energy generation schemes and advises applicants applications for such infrastructure projects on common land are more likely to be successful under section 16 of the [Commons] Act, so that an exchange of land is proposed and can be taken into account. 3 The Application Site 3.1 The Proposed Development will require temporary and permanent works to be completed on land within the Common as shown in the Planning Application Boundary Plan within Appendix 1.The total land area of the Common is Ha. The Application Site is on land which forms a plateau between the Taf Valley and Bradach Valley; with the villages of Cilfynydd to the west; Nelson to the North; Llanbradach to the East and Senghennydd to the south. Bounding the site are various settlements, farms and smallholdings on the steep inclines to the generally level Common. 3.2 The Infrastructure Layout Plan of the Application Site, found at Appendix 2, shows areas of land affected by the section 16 application. The total area of common land required for provision of the Proposed Development, including wind turbines with access tracks and fixed equipment amounts to approximately Ha. This is the amount of common land that will be deregistered. It is proposed to offer land adjacent to the Common in seven separate areas to replace the land which will be deregistered. The seven areas are currently privately owned land amounting to approximately Ha which will be opened up to the Common, as shown on the Replacement Common Land Plan in Appendix 4. 10

12 3.3 The Mynydd Eglwysilan area of common land within the Application Site is primarily level and constitutes a large grazeable area with an inverted U shape. The flora and fauna of the common land area primarily comprises moorland and dry upland heathland grass species with improved areas to the south east. There is virtually no evidence of heather or cross-leaved heath within the proposed Application Site or common area as a whole. The lack of heather, cross-leaved heath and bilberry, which are the most desirable dry upland heath species, is as a result of the adverse effect on the Common of having been extensively and regularly burnt and overgrazed by sheep, cattle and horses in the long term past. 3.4 Changes to farming practice and government support measures in 1995, and again in 2005, resulted in a large decrease in the volume of stock on the Common and an end to the detrimental impact of overgrazing. The majority of the Common, and especially the proposed Application Site, is now grazed to a stocking density suitable for maintenance of the current habitat. Illegal burning has been controlled by the vigilance of the current landowners since There is a large volume of moorland grass especially molinia within the heathland sward which has been promoted by a lack of burning of the majority of the Common in the recent past. 3.5 The south-western part of the Common has an area of ffridd with associated specialist habitat and species. 3.6 The south-eastern part of the Common is semi-improved and improved grassland with part cultivated for improvement subject to seeding and rehabilitation of sward. The volume and diversity of heathland grass species within the sward in this area is far less than that to the north of the common land area with the short, new growth of grass as promoted by cultivations being heavily grazed by sheep and cattle that use the Common. 3.7 A small area on the western periphery of the Common was illegally burnt in the summer of This is the first instance of burning in recent years. The track across the Common acted as a fire break and a barrier to the spread of the fire to the larger common land area. The tracks proposed for access to the turbines will similarly act as breaks against the spread of illegal fires in the future. 3.8 In general, the diversity of moorland and heathland species within the majority of the Common is increasing slowly as a result of reduced grazing and lack of burning with higher diversity of desirable heath plants noted; especially on the steep sided western periphery and the south-western spur of the Common. 3.9 The Release Land required for construction works is located within the south western spur of the Common for construction of Turbines 1, 2 and 3. The northern area Release Land will be used to construct Turbines along with the main access route. The south eastern area of Common will be used to construct Turbines 11, 12 and Each area of Release Land is centrally located within the respective areas of the Common on the primarily level plateau areas of land. 11

13 3.11 The three main areas of release land are similar in terms of location centrally within the respective Common areas with similar topography. The south eastern area of release land differs from the northern and south western areas in terms of the flora and fauna supported by the Release Land. This area has been recently cultivated with productive grass species introduced to the sward by modern agricultural methods to increase productivity. The corresponding areas of Release Land to the north and south west support a dry upland heath habitat. The Replacement Land to be annexed to the Common is split into seven separate areas; all immediately adjacent to the Common. Areas 1 and 2 are unimproved grassland with part semiimproved grassland. Area 3 is mainly unimproved grassland with part rough grazing with bracken with an area of scrub woodland at its northern extremity. Area 4 is unimproved grassland with part rough grazing with bracken. Area 5 is a small area of riparian stream corridor semi-natural ancient woodland with grazeable clearings. Areas 6 and 7 comprise enclosures of mainly unimproved grassland Each area of Replacement Land is more particularly described in Part 4 of this report. Consultation 3.13 Since 2020 regular informal consultation has been carried out with the landowners and occupiers, including the Brinkers (the local term used for the commoners), Brinkers Association and other users of the common In 2021, the Common was visited in July, twice in October and in December. In 2022 the Common was visited in June and November. Five meetings were convened with the Brinkers and/or their Agent in 2021 and a further three meetings in The Brinkers have been consulted at their respective holdings to ascertain their recent or potential use of the Common. The amenity and recreational users of the Common have been consulted since June Formal consultation on the common land applications forms part of the DNS regime and responses in respect of the common land applications will be considered in the Applicant s Pre-Application Consultation Report, to be provided on submission of the DNS application Landowners 3.16 There are two freehold owners of respective parts of the Common as follows:- (a) (b) Elwynd Properties Ltd, St Mary St, Ross On Wye with the main contact being Mr David Terence Jones (known as Terry). Penrhys Properties Ltd, Ffynonrhingyllt, Rhydfelin with the main contact being Mr Kevin John Stephens 12

14 3.17 Agreements to lease areas of land required for the construction of and access to the turbines have been secured with the landowners. The landowners have consented to the management of heathland and grassland vegetation on the Common within the lease agreements The areas of Replacement Land are being provided by Penrhys Properties Limited Ffynonrhingyllt Farm (Areas 1 to 5), Hywel Evans of Glownant Farm (Area 6) and William Lindsay of Llanbradach Fawr Farm (Area 7). Land Occupiers 3.19 The registered commoners are the occupiers of the Common. The registered commoners are members of the Mynydd Eglwysilan, Mynydd Mayo and Graig Evan Leyshon Brinkers Association since November Regular consultations have been carried out with the officers of the Brinkers Association since June The Common Land Register, as updated by the Commons Registration Authority, has been inspected on a regular basis since June Mrs Eleanor Jarrold, the Secretary of the Brinkers Association, has provided a very useful current and recently updated spreadsheet of the rights held which is an update on the information held by the Commons Registration Authority There are 30 separate entry numbers for rights on the Common within the Common Land Register. Many entries are split and apportioned to an increased number of land holdings on the Common Land Register for CL61. Rights currently exist for 787 cattle, the majority with followers, 6983 sheep and 3 horses. The majority of rights are held for cattle and sheep but four are held as an equivalent combination. Almost every entry includes the right to take fern for the right-holder s own use My knowledge of the Common and the surrounding holdings and my conversations and consultations since June 2020 have identified the local commoners with grazing rights thought to be utilising the Common. I have identified five main graziers of the common area as being regular graziers utilizing the Common throughout the grazing period or periodic graziers utilising the Common for grazing of dry stock in late summer and early autumn. My site inspections and consultations have identified no further active graziers with herds and flocks recently re-introduced to the Common The majority of the regular active graziers are Kevin Stephens and Terry Jones (who are the owners of the companies that own the Common) and who hold 77% of the actively utilised rights to graze the Common. The other regular active graziers are Hywel Evans and Nick Tamplin who hold a further 19% of the actively utilised rights The only other periodic active grazier is Colin Cometson of Parc Newydd The consultations with the active graziers have indicated that the extent of grazing rights that have been exercised on the Common in the last twelve months amount 13

15 to 1236 sheep and 190 cattle in the autumn of The majority were dry sheep and cows turned to the hill following weaning In winter 2021/2022, that number reduced to 1000 sheep and 160 cattle but with those animals only grazing the Common periodically and in conjunction with adjacent owned land and with all animals buffer fed In spring and summer 2022, the Common was utilised by approximately 1236 sheep and 196 cattle along with followers The consultations have indicated that these stocking numbers have been consistent for a number of years and at least as far back as Only a proportion of the cattle and sheep indicated will be in occupation of the common land at any one time as flocks are gathered for shearing and dipping etc. Furthermore, the herds and flocks of the two main active graziers occupy the Common in conjunction with adjacent areas of land off the Common on a regular basis The bovine herds of the two main active graziers which occupy the Common on a regular basis tend to graze the respective common land areas corresponding with their land ownerships. The herd in the ownership of Kevin Stephens graze the northern and western parts of the Common and the herd of Terry Jones graze the south-eastern part of the Common. There are two active graziers that are not landowners that graze cattle on the Common. The herd of 30 cows in the ownership of Hywel Evans graze the Common to the north of Terry Jones ownership between Glawnant and Llanbradach Fawr. Colin Cometson turns his six cows to the Common on certain days grazing the most south-westerly point of the Common near Parc Newydd No horses have been found to be grazing the Common The sheep flocks of the two main active graziers occupy the same respective ownership areas as detailed for the herds of cattle in their ownership. These are areas of the Common which have been utilised by those respective flocks for generations and the flocks will tend to graze the respective areas that they are hefted to without straying to other hefts and mixing with the other flocks. The common land area in the ownership of Terry Jones is also utilised by the sheep flock of Nick Tamplin amounting to 236 ewes and followers in spring and summer. A large proportion of this area has been improved and supports a semi-improved grass sward or is cultivated pending improvement. The flock of Nick Tamplin tend to graze these areas without straying to the northern part of the Common The areas of the Common where works are proposed are grazed by the two main active graziers and Hywel Evans The flock of Nick Tamplin tend to be hefted to the walk within the south-eastern area of the Common which will not be affected by the Proposed Development. The 14

16 herd of 6 cows in the ownership of Colin Cometson graze the south-western periphery of the Common; only on a daily supervised basis, returning to the holding at night. This area is again outside the area affected by the Proposed Development works The percentage of the grazing rights actively utilised by those graziers who are involved in the Proposed Development amount to 96%. The remaining 4% of the grazing rights are attached to Parc Newydd; however, Colin Cometson only utilizes a small proportion of those rights grazing 6 cows on the Common on a sporadic daily basis with those cows returned to the holding at night Whilst the annual grazing pattern for the Common has been consistent with five active graziers, the actual number of stock which they turn to the Common could vary on an annual basis and within any grazing season depending on a range of factors and the respective rights to graze as held. In recent grazing seasons the incidence of active grazing has remained static with only the five identified active graziers utilizing the Common. The dry summer of 2022 has resulted in increased grazing usage of Commons in Wales in the autumn of 2022 especially by dry sheep in late summer. The drought effect of the summer weather conditions and resultant management difficulty for fodder conservation and consequent increased grazing pressure of in-bye land has resulted in increased numbers of sheep and cattle being turned out onto Commons by active graziers around Wales On the Common it is evident that there has been an increase in grazing of livestock during the months of August and September 2022 which is likely to be as a result of the drought conditions of this summer. This increased grazing has been mainly in the south-eastern area of the Common which has been recently cultivated. The increased grazing by livestock in this area is facilitated by the fresh regeneration growth of the productive sward in this area following autumn rainfall. There has been no effect on the northern and western areas of the Common in the relevant grazing period as a result of movement of livestock grazing at an increased density from the south eastern area Almost every entry for the Common includes registered rights to take bracken and fern for the rights holders own use. There are only limited areas of bracken within the Common, on the steep sides of the western and northern peripheries of the Common. These areas are unaffected by the proposed works and I am not aware of these rights being currently exercised. The very steep topography of the land, which sustains a crop of bracken, is not conducive for bracken removal utilising modern machinery. Therefore, it is unlikely that the rights are currently being used in order to provide bedding for the livestock. Inspection 3.39 The Common, including that which will form the Application Site and the adjacent Replacement Land areas, was inspected at various times and during all seasons between June 2020 and August 2022, with a view to preparing this report. The holdings of the various active graziers have been visited on many occasions and in 15

17 varying seasons during the above period. During these visits the various areas of the Common used by the flocks and herds of the active graziers were inspected. The relationship between the holding location and grazing location of the flocks/herds was noted and identified in each case The Common, including the proposed Replacement Land, was inspected on foot with details taken of topography, aspect, physical features, grassland/heathland and species of flora and fauna. Photographs taken during the various inspections are included in Appendix 5. The Proposed Development turbines are proposed for construction as part of the Proposed Development. 9 of these turbines will be constructed within the Common. The remaining 5 turbines will be constructed within adjacent freehold land. Turbines have been proposed on this adjacent land where possible to mitigate the effect on the Common The Common is also required for associated infrastructure including access tracks, micro-siting areas, cable trenches and cabling, crane assembly areas, spoil storage bunds, clean water cut off swales, a temporary construction compound and borrow pits 3.43 The Applicant is requesting consent for the Proposed Development to be operational for 45 years after which time it will need to be decommissioned (or a further consent sought). Following decommissioning the turbine locations will be restored Once the Proposed Development is operational the access tracks and turbine hard standings will be used periodically by maintenance staff. Crane pads will be left in situ during the operational life of the scheme for use in the event of any requirement for replacement of turbine components. The tracks and crane pads will also be retained in order to remove equipment when the Proposed Development is decommissioned 3.45 The areas of proposed Replacement Land to be annexed to the Common under section 16 are suitable for inclusion within the common land area with immediate effect from commencement of works to provide common grazing and access land. The consideration of suitability of the Replacement Land within Part 3 of this report and the conclusion within Part 4 contains further details Various alternatives have been explored that might reduce the impact of the proposals on the exercise of commoners rights. During the consultation with the graziers and amenity users of the Common, the users were asked what alternatives to the proposed construction plans would reduce any impact on their use of the Common. 16

18 3.47 Alternatives considered by graziers included removal of grazing livestock from the common to alternative grazing during the construction of the scheme and fencing off all operational areas during construction works The consultation confirmed that as the livestock is largely hefted, that removal of the respective flocks and herds for a grazing season may affect this grazing pattern when they are subsequently returned to the Common after possibly two grazing seasons. Grazing on a restricted basis during the construction phase is considered a suitable alternative. Hefted grazing by cattle is less affected by removal of those cattle for a period. The cattle grazing the Common on an annual basis could relocated to alternative pasture and winter housing during the construction process without causing disturbance to their subsequent hefted grazing The graziers did not consider fencing off the whole of the construction areas to be required. The graziers considered the possibility of grazing animals being disturbed by works traffic as a minor adverse effect on the grazing pattern of livestock on the Common during the construction works. Effect on Common areas 3.50 Approximately 47.52Ha of land will de-registered from the Common as a result of the Proposed Development. Turbines are proposed on the higher level plateaus within the Common with extensive areas of peripheral land unaffected The construction areas (i.e. the turbine locations, borrow pit and active construction areas) will be fenced off during the works. The access tracks linking the construction areas will be mainly unfenced. The location of the works within the central part of the Common will allow unrestricted access for the livestock of the active graziers to the remaining Common with limited disturbance to normal grazing patterns. Horse riders and walkers/ramblers will also be able to access the Common to the south, west and north of the working areas by navigating around the same via the peripheral common land areas; thus, the Proposed Development will have an inconsequential effect on public/community use of the Common On completion of the construction works, the fences will be removed and there will be little or no disturbance to grazing livestock and public access as a result of the turbines being in place and the access trackways to the same being greened over and open to the Common as a whole Whilst the Common has been historically over grazed, changes in agricultural support and farming practice since 1995 have generally resulted in common land and the Common being used on a less intensive basis by active graziers. The southeastern area of the Common has been subject to increased grazing pressure. This is because of the improvement works to establish a semi-improved pasture on part and the regeneration of a sward on the area subject to recent improvement facilitates an increased stocking density. 17

19 3.54 As a result of the open and unrestricted nature of the grazing by cattle and sheep within the northern part of the Common by a single active grazier, any restriction on use of this area of the Common, as a result of the turbine construction works, will be minimal There is a possibility that the construction works and associated vehicle movements may disturb the hefted livestock (sheep) in the south-eastern area of the Common. The consultation with the active graziers has revealed that if hefted livestock from the south eastern areas are affected by and become disturbed by the works, they may move further north as a result. This may have a knock on effect on the grazing pattern of the grazing livestock on the remainder of the Common. The active graziers are aware that certain time inputs have been required in similar development of common land to shepherd disturbed livestock as a result. The productive nature of the sward in the majority of the south-eastern Common land area should ensure that livestock disturbed by the works do not move to the northern area The northern part of the Common in which the majority of the working areas are located is not overgrazed by livestock. The density of grazing livestock in this area of the Common is the lowest of any part of the Common. This lack of density of livestock means that it is less likely that grazing livestock within this area will be disturbed by the Proposed Development especially as the turbine locations, borrow pit and parts of the access tracks will be fenced during the works. As a result, it is less likely that the grazing pattern of the Common will be disturbed by livestock moving away from the northern common land area and it is unlikely that there will be a requirement to shepherd livestock by the active graziers of the Common As a result of the relatively small area of land being removed from the Common and the lack of grazing pressure on the relevant northern and south-western areas of the Common, there is unlikely to be any effect on the grazing potential and pattern of the active graziers as a result of the Proposed Development Common land areas have been apportioned to registered rights for the purpose of Single Farm Payments ( SFP ) to registered commoners. This agricultural support payment is likely to be a key benefit that the majority of commoners of the Common will consider relevant to their respective registered rights. A working land area of approximately up to Ha will be removed from the Common. To maintain the SFP area of the Common, and the apportioned land area to each commoner s right, the same level of Replacement Land will be required. The land transfer proposed provides for approximately Ha of Replacement Land thus ensuring that there is no change in the land area available to the commoners for SFP claims The proposed Replacement Land would provide the same area of available grazing capacity and increased public access land as the land permanently lost to the Common as a result of the Proposed Development A Habitat Management Plan (the HMP ) is proposed to be implemented to encourage a Biodiversity Net Gain on the Common. The management 18

20 recommendation of the HMP is to implement appropriate grazing management to benefit the existing key ffridd habitats identified within the Common. The appropriate grazing management will be delivered by the control of stocking rates to a level recommended in the HMP and are represented as Livestock Units per Hectare during relevant periods of the grazing calendar. A variety of ffridd habitats are identified within the Common and given that these habitats have slightly differing optimal grazing rates, stocking rates need to be identified that best overlap the ranges of all the ffridd habitats The graziers utilising rights to graze the Common generally do so in conjunction with their adjacent land outside Common. This reduces the grazing density of livestock on the Common especially within winter months. The Common is not over grazed as a result and this has resulted in the key ffridd habitats identified in the northern and south western areas of the Common being preserved Chapter 8 of the Environmental Statement describes other habitats as being present within the Mynydd Eglwysilan SINC that do not align with ffridd habitat in their current state. These include the improved grassland, poor improved grassland and bare ground located within the south eastern common area. The HMP confirms that these other habitats could develop into target habitat[s] over time in response to a change in grazing management. The key ffridd habitats are identified within areas of the Common even though the Common is not currently included in any management scheme and has not historically been included in any management scheme. Our consultation with the officers of the Brinkers Association has indicated that the Association may wish to enter the common land area into an environmental scheme (currently the Glastir Scheme) at varying levels. The common land area will provide for the potential to achieve certain payments for rights holders from any future management scheme subject to control and management of grazing within certain scheme parameters. The Replacement Land as part of the Common could similarly be included in any respective commoner Environmental Management Scheme application because it is a similar habitat to that of the Common. The HMP proposed with optimal grazing rates of the Common is likely to be in line with the stocking rates associated with a future environmental support scheme and will allow the rights holders to conform to that scheme with resultant financial gain There are significant potential benefits to nature conservation through the management of the Common under the proposed HMP including: the promotion of target habitat in the south eastern area of the Common; the grazing management of the Common as a whole will be controlled to encourage a Biodiversity Net Gain; and the existing key ffridd habitats on the Common will be safeguarded by a prescribed grazing management constituting a significant benefit to the Common as a whole The Common has been used for non-agricultural and industrial purposes over time and especially since the industrial revolution. There are various quarries and excavation pits used for winning stone on the eastern and western boundaries and 19

21 also on the level plateau. Coal seams have been worked via surface shafts and adits into the steep valley sides wherever these outcrop. Historically deep mining of the coal seams from pits in Cilfynydd, Nelson, Llanbradach and Senghenydd was the main industry in this area. Other seams have been worked via opencast mining with land subsequently restored. Coal tips have been removed from the adjacent populated valleys, transported to, deposited and re-profiled within the Common The Proposed Development is in keeping with the historic use of the Common for industry in conjunction with adjacent land. The Common is traversed by a BOAT at the eastern periphery of the Application Site. This stone highway was historically used to access quarries on the common to transport minerals won from quarries and coal from adits to the adjoining farm holdings and industrial installations. The Common is traversed by a National Grid power line on pylons located on the Common; linking the adjacent Sub Station at Llanfabon to the National Grid. The historical context of the Common is that landowners, commoners and others historically using the Common for public access, amenity and any other reason are familiar with industrial and other non-agricultural schemes within the Common and adjoining land The Common has various archaeological remains and features including Cairns, possible remains of Cairns/Tombs, the Senghennydd Dyke and various cross dykes. It is a criminal offence to carry out any works to a scheduled ancient monument under the Ancient Monuments and Archaeological Areas Act 1979 as amended by the Historic Environment (Wales) Act 2016 without consent. When considering development proposals there is a presumption against proposals which would involve significant alteration or cause damage to scheduled monuments Detailed surveys have identified a full list of known historic assets and their location. The boundary between the Common and the adjacent agricultural holdings is commonly dry stone wall often with a protective fence on the field side. The walls have become dilapidated in various locations and rely on the fence for stock proofing. The Proposed Development is designed such that the known archaeological remains identified are fully preserved in situ and protected from damage during construction or operation of the wind farm including historic field boundaries and hedgerows. The Replacement Land areas have been identified and selected on the basis of the presence and condition of any dry stone wall between the Common and the Replacement Land The need for the proposed development is set out in the planning statement accompanying the DNS application. The hypothetical situation of all commoners exercising their rights to graze the respective common land areas 3.69 I am instructed to consider the hypothetical situation of all commoners exercising their rights to graze the Common. As a result of the consultation process where the majority of rights holders confirmed that the breeds and hardiness of their 20

22 respective cattle herds and sheep flocks are unsuitable for regular grazing of the Common; I consider it highly unlikely that this scenario would ever arise. The respective total grazing rights on the Common as described in the Common Land Register for the Common is as follows:- 787 cattle the majority with followers, 6983 sheep with followers and 3 horses In the hypothetical situation that all rights were exercised, the total number of livestock and followers occupying the Common in question would be an equivalent of 11,000 sheep The above figures illustrate that it would be impossible for the Common to sustain the level of stocking set out in terms of grazing capacity of the Common. This would be the case even if there was no release of common land for the Proposed Development. Whilst this situation illustrates the general over registration of rights on the Common, the actual grazing situation on the Common, and commons in general, is that less use is being made of the available grazing by active commoners compared to pre-1995 levels. This is confirmed by the fact that the majority of the Common is under grazed My informal consultations have identified that the actual grazing numbers over the Common are only a small proportion of the registered rights as exercised by the active graziers at any one time. My periodic inspections of the various hefts within the Common to ascertain the actual numbers of livestock grazing the Common indicate that the actual use by the active graziers is in fact far less than that indicated in the consultation process. Public Access 3.73 I am also instructed to consider the effect of the Proposed Development on access to the Common by the public and local community. The CROW Act 2000 provides rights of access for open air recreation to the public to areas defined as access land, which includes registered commons. Public access to the common land areas within the Application Site is provided by s193 of the Law of Property Act It is proposed that the Replacement Land will be registered as common land and will be subject to the rights this currently affords including access pursuant to s193 of the Law of Property Act Access will be available to an area amounting to approximately Ha over seven separate parcels of land all adjacent to the Common. The general public do not currently have a right of access to this land including under the CROW Act The provision of this Replacement Land will increase the land available for public access and offsets the loss of the Release Land Replacement Land Area 3, which is a riparian stream boundary adjacent to the public highway traversing the northern part of the Common, has been identified by the Open Space Society, local correspondent and local walking groups and individuals as being a suitable stop off point for walkers and cyclists on cyclical walking routes in the area to take advantage of the tranquillity of the site for 21

23 refreshment. The Applicant has undertaken to provide specific fixed equipment for this site such as park benches and tables The 9 turbine sites, borrow pit and certain areas of tracks including road junctions will be temporarily fenced during the construction period in the interest of public safety and the safety of grazing livestock but this will be minimised and undertaken on a rolling basis These fenced areas will not prevent access to the peripheral land to the south, west and north of the working area, thus allowing public access whether on foot or on horseback for recreation and amenity use to all other parts of the Common The access tracks will provide enhanced access to various parts of the Common including for disabled persons who otherwise would not be able to gain access on foot as a result of the difficult and uneven walking terrain associated with heathland habitat. My informal consultation with the Caerphilly Ramblers and Open Space Society has indicated that an increasing percentage of the membership of these associations (22% of Ramblers) are disabled and access open countryside on mobility aids. These bodies consider tracks linking turbines would allow that increasing percentage of their members to access new areas of the Common. The tracks will also act as firebreaks, as has been evident in the case of the track traversing the Common abating the spread of an illegal fire in the summer of The main equine use of the Common is for amenity riding/hacking use on an informal basis. This is either on an individual rider or small group basis including from a local trekking centre. As mentioned at paragraph 3.65, a BOAT traverses the Common, however it is evident that riders use large areas of the Common and do not stay specifically on the route of the BOAT. Horse riders tend to avoid the steep sided peripheries of the Common along with any low lying, wet, boggy areas Consultation with local horse riders has revealed that they are concerned horses being ridden may be spooked by the turbines. The British Horse Society has provided written advice on Wind Turbines and Horses which provides guidance for planners and developers, and confirms that there have been no formal trials to establish horses responses to turbines. Our consultation with horse riders using similar common land areas with established turbines has shown that once constructed the turbines have little effect on horses as long as the turbines are visible to them from a distance, are located at least 200m from the bridleway and on one side of that bridleway. The positioning of the turbines on the upper plateaus will mean that they are visible from the majority of the Common on the western side of the BOAT through the Common and should mean that there is no effect on use of the BOAT by horse riders The access tracks will also facilitate inspection of livestock and shepherding of the common areas by the active graziers and will provide solid, dry riding terrain for horse riders following completion of the construction process. 22

24 3.82 The consultation process has identified extensive use of the public highways traversing the Common by cyclists including road and mountain bike users whether as individuals or as part of local cycling groups. The steep roads to the Common from the surrounding villages are renowned as providing challenging cycling routes. The tracks linking the turbines would allow mountain bike and cross country or hybrid bike users to access areas of the Common that would not otherwise be available to them The consultation process has identified historic illegal vehicular access by third parties traversing the Common as being one of the greatest threats to the Common. There is existing, extensive damage caused by this illegal access by motor vehicles; both evident from onsite inspections and as identified in all consultations with active graziers and the landowners. Access by vehicles to areas of the Common is facilitated by the amount of frontage to public highways within the Common. Access by vehicles to areas of the central Common is facilitated by frontage to the BOAT. There are certain further agricultural rights of access and residential rights of access over tracks on Common which may facilitate illegal vehicular use.. Control measures at the intersections between the public highways traversing the Common and the adjacent common land are currently limited to soil bunding as installed by the landowners since The Applicant has agreed to work with the landowners to investigate further measures which could discourage illegal vehicular access to the Common. One option discussed has been a site Warden who would be able to log and report such use. This has been welcomed during consultation by officers of the Brinkers Association and by the active graziers to abate the incidence of undesirable vehicular access to the common land area,. Part 4 Suitability of the replacement land parcels The Replacement Land 4.1 The Replacement Land proposed to be annexed to the Common is shown on the Plans within Appendix 4 and is considered in detail below. The Replacement Land comprises approximately Ha in seven separate blocks. 4.2 The specific details of the seven areas of replacement land are considered as follows. 4.3 Area 1 Coed Caecorrwg 2.1 Ha. Rhondda Cynon Taf. A level block of semi improved pasture directly abutting the Common, It is identified as suitable for replacement as it provides replacement grazing benefit. It has a heavy peat based soil water retentive in places. This land will revert quickly to acid grassland on cessation of agricultural inputs and cultivation. There are no physical features within the land. It is to the south of a track traversing the Common to the 23

25 residences at Coed Cae Corrwg. It can be accessed from the Common by grazing livestock and amenity users on removal of a stock proof post and wire fence along approximately 140m of frontage. There is a dilapidated dry stone wall at this boundary and certain scrub trees with stock proof post and wire fence in situ at the rear boundary to the retained land. It is proposed to recover much of the stone from the boundary to be removed; with this stone utilised to renovate the dilapidated dry stone wall at the rear boundary. Area 2 - Penheolely 5 Ha. Rhondda Cynon Taf. A level block of semi improved pasture directly abutting the Common, The land is identified as suitable for replacement as it provides replacement grazing and significant amenity benefit. It has a heavy peat based soil water retentive in places. It will revert quickly to acid grassland on cessation of agricultural inputs and cultivation. There are no physical features within the land. The land is to the north of the unclassified road leading from Eglwysilan to Cilfynydd. It is identified in consultation with walking, cycling and other amenity groups as having the best views from land easily accessed from the county highway of the Rhondda Valley. Those groups consider that inclusion of the land within the Common will have a significant benefit to walkers, cyclists etc. wishing to stop on their travels over the adjacent highway and enter the land to take in the views. It can be accessed from the Common by grazing livestock and amenity users on removal of a stock proof post and wire fence along approximately 150m of frontage. There is a dry stone wall boundary with stock proof post and wire fence in situ at the rear boundary to retained land. In consultation with the Brinkers Association this area of land was considered to be particularly suitable as land to replace grazing. Area 3 Bodwenarth 35.2 Ha Rhondda Cynon Taf. An undulatory block sloping from south to north with similar topography and aspect to the adjoining Common. The land includes areas of Bracken and acid grassland with areas of semi improved pasture. At the northern periphery of the land is an area of scrub woodland with willow, birch and gorse. The land is directly abutting the Common, and has been open to the Common for a period of years with animals grazing the Common moving freely between the land and the Common. Inclusion of the land as Replacement Land will not affect the existing grazing pattern and relationship between the land and the adjacent Common as a result. The land would provide significant improvements in shelter for grazing livestock from the prevailing westerly wind and provides various sources of water for grazing livestock. The land has a heavy peat based soil water retentive in places which will revert quickly to acid grassland on cessation of agricultural inputs and cultivation. There are no physical features within the land however there are various single standing oak trees which historically have outgrown from internal field boundary hedgerows. The land is to the north east of the unclassified road leading from Eglwysilan to Cilfynydd. It is identified in consultation with walking groups as providing an improved link enhancing the existing public footpath from Cilfynydd to the Common which currently would require users to walk along the Public Highway to the common boundary. Amenity groups 24

26 consider that inclusion of the land within the Common will have a significant benefit to walkers who can utilise the undulatory land to access the Common instead of the steep highway. The land can be accessed from the Common by grazing livestock and amenity users on removal of the newly erected stock proof post and wire fence along 700m of frontage. This frontage includes a dilapidated dry stone wall which will not impede access. It is proposed to recover much of the stone from the boundary to be removed and utilise this stone to renovate areas of dilapidated dry stone wall at the rear boundary. A new fence will be erected as a boundary to the retained land. The land is identified as suitable for replacement as it provides replacement grazing and significant amenity benefit. Area 4 Cwmeldeg 1.8 Ha. Rhondda Cynon Taf. An undulatory block of part semi improved pasture and part rough grazing directly abutting the Common, The land is identified as suitable for replacement as it provides replacement grazing benefit. The land has a heavy peat based soil water retentive in places. The land will revert quickly to acid grassland on cessation of agricultural inputs and cultivation. There are no physical features within the land. The land is to the south of a track traversing the common. The land can be accessed from the Common by grazing livestock and amenity users on removal of a stock proof post and wire fence along approximately 100m of frontage. There is a dilapidated dry stone wall at this boundary. It is proposed to recover much of the stone from the boundary to be removed and utilise this stone to provide new areas of dry stone wall at the southern facing rear boundary. Area 5 Nantcae Dudwg 2.3 Ha. Rhondda Cynon Taf.. A riparian mountain stream wooded valley directly abutting the Common, The land is identified as suitable for replacement as it provides significant amenity benefit. The land is a block of deciduous semi natural ancient woodland forming a stream corridor. The land is to the north of the unclassified road leading from Cilfynydd to Llanfabon. It is identified in consultation with walking, cycling and other amenity groups as having the best location for a stop off point for those on walks or rides from various starting points in the surrounding towns and villages. The land is easily accessed from the highway and with provision of certain fixed equipment such as picnic benches will provide a significant amenity benefit. Those groups consider that inclusion of the land within the Common will have a significant benefit to walkers, cyclists etc. wishing to stop on their travels over the adjacent highway and enter the land to chat and take refreshments. The land can be accessed from the Common by grazing livestock and amenity users on removal of a stock proof post and wire fence along approximately 25m of frontage. There is a stock proof post and wire fence in situ at the rear boundary to retained land. Area 6 Glownant 3.5 Ha. Caerphilly. A mainly level block with similar topography and aspect to the adjoining Common. The land includes areas of Bracken and acid grassland with areas of ffridd and a small area of semi improved pasture at its western boundary. The land is directly abutting the Common. The land has been open to the common for a period of years with animals grazing the common moving freely between the land and the Common. Inclusion of the land as Replacement Land will not affect the existing grazing pattern and relationship between the land and the adjacent common as a result. The land would provide significant improvements in shelter for grazing livestock from the prevailing westerly wind. The land provides various sources of water for grazing 25

27 livestock. The land has a heavy peat based soil water retentive in places. There are no physical features within the land. Amenity groups consider that inclusion of the land within the Common will have a significant benefit to walkers who can enter the land to walk on a habitat largely absent from the south eastern part of the Common. The land can be accessed from the Common by grazing livestock and amenity users along approximately 200m of frontage. This frontage has no existing boundary to impede access. A new fence will be erected as a boundary to the retained land. The land is identified as suitable for replacement as it provides replacement grazing and certain amenity benefit. Area 7 Llanbradach Fawr 7.8 Ha Caerphilly. A mainly level block with similar topography and aspect to the adjoining Common. The land includes areas of Bracken and acid grassland with areas of ffridd and a small area of semi improved pasture at its southern boundary. The land is directly abutting the Common. The land is not productive and has been used for periodic extensive grazing of horses and cattle. Inclusion of the land as replacement land will not affect the existing grazing pattern and relationship between the land and the adjacent common as a result. The land would provide significant improvements in shelter for grazing livestock from an easterly wind. The land provides various sources of water for grazing livestock. The land has a heavy peat based soil water retentive in places. There are no physical features within the land. Amenity groups consider that inclusion of the land within the Common will have a significant benefit to walkers who can enter the land to walk on a habitat largely absent from the south eastern common. The land can be accessed from the Common by grazing livestock and amenity users along approximately 100m of frontage. The existing boundary to the frontage is a dilapidated dry stone wall with stock proof internal post and wire fence. The fence will be removed and the dilapidated wall will not impede access by grazing livestock and amenity users. A new fence will be erected as a boundary to the retained land. The land is identified as suitable for replacement as it provides replacement grazing and certain amenity benefit. 4.4 The seven areas of Replacement Land provide three different habitat types based on topography, drainage and previous use as described below. There is no overlap of proposed infrastructure within the Replacement Land and the whole of the Replacement Land area is available from the date the order is made. 4.5 The Replacement Lands are undulating in topography with no steep land and each being an extension of the Common having an aspect corresponding to it. 4.6 Areas 3 and 6 of Replacement Land are currently or recently open to the Common with no boundary fence between the areas. Areas 1, 2, 4, 5 and 7 have a stock proof fence boundary with the Common those fences having been installed as boundaries as a result of the original dry stone wall boundary becoming dilapidated. 4.7 The fence between the respective areas of Replacement Land and the Common can be removed to allow livestock to pass freely between the areas. A new fence will be constructed to provide a boundary between the Replacement Land and the retained land of the respective holdings. Where the dry stone wall between the common and the replacement land is dilapidated it may be possible to recover that 26

28 stone material for future use to establish new dry stone walls by landowners. If possible new wall locations should be in locations with a primarily southern aspect as this would also provide improved habitat for reptiles, amphibians and specialist flora and fauna including mosses and lichens. 4.8 Each Replacement Land area is immediately adjacent to the Common with direct access to the same by livestock and general public available on removal of the boundary fencing currently in situ. 4.9 There will also be unrestricted access available for the public either on foot or on horseback from the Common to the Replacement Land area on removal of the fencing and dilapidated wall material between the respective land parcels. There will be no requirement for stiles or gates etc. Topography and Aspect 4.10 Each area of Replacement Land directly abuts the Common and is almost identical in topography and the aspect is a mirror image of the Common. The factors creating the local landform are originally glaciation and subsequent erosional effects of the mountain streams emanating from the Common Parcel 3 provides a level area of scrub woodland with birch, willow and gorse, similar to that re-establishing on the adjacent area of steep common Area 5 is a riparian corridor with semi natural ancient woodland to the central mountain stream. This valley topography provides excellent natural shelter from the prevailing, westerly winds for livestock to complement the use of the adjacent Common and a good natural source of running water for livestock Replacement Land areas 2, 3 and 5 are mainly level or gently sloping and are adjacent to the public highways traversing the Common. This is conducive to access by disabled persons as discussed in paragraph 3.78 above. Drainage and Soils 4.14 The drainage of each area of Replacement Land is largely governed by the topography as mentioned above. The majority of the Replacement Land is level and relatively poorly drained as a result The main soil type within areas 1and 2 is a peaty loam over clay. Areas 3, 4 and 5 have more poorly drained peat based soils which are of a poor productive capacity. In my view these areas will quickly revert to heathland on reduction in management Areas 6 and 7 have only poorly drained peat based soils of a poor productive capacity. Only part of these areas of land are used for grazing as a result of the peat based soil, these areas of land support a wet heath habitat There are similar areas of wet heath and a single area of ffridd within the Common. These areas of 27

29 Replacement Land will provide an increased area of wet heath thus increasing the diversity of flora and fauna within the south eastern area of Common Each area of Replacement Land provides a direct extension of the adjacent Common in terms of drainage and soils. Flora and Fauna 4.18 The flora and fauna of the Replacement Land can be split into three main types Areas 1, 2 and 4 of the Replacement Land provides semi-improved pasture with grass species including meadow fescue, meadow foxtail and tall fescue. Although semi-improved, the sward supports mainly weed grass species with mosses, molinia and other white grasses within the more waterlogged areas as mentioned which also include rushes and reeds. This land will quickly revert to moorland on cessation of agricultural input. It is recommended that the agricultural husbandry and management of the semi-improved land be ceased as soon as possible with the said land allowed to naturally revert to upland pasture in the ensuing period prior to commencement of works. The Applicant has agreed with the landowner that agricultural husbandry can cease upon the granting of section 16 consent Area 3 of the Replacement Land provides some semi-improved pasture with some waterlogged areas and banks of bracken. There is also an area of scrub woodland with willow, birch, gorse and molinia. The scrub woodland is similar to the areas of scrub re-establishing itself on the fringes of the northern common area Area 5 is a semi natural ancient woodland within a riparian stream corridor Areas 6 and 7 of the Replacement Land provides flora and fauna indistinguishable from the adjacent common with heathland species of rough grass and molinia. The Surrounding Common 4.23 Each area of the Replacement Land differs in flora and fauna. The differences in habitat on corresponding areas are governed by historic agricultural practice being itself affected by topography and land drainage The majority of the available Replacement Land within areas 4 and 5 comprises level peat based land which has little productive grass species and a wet heath habitat. The sloping area of the Common being open to grazing by sheep and cattle has moorland grass with occasional heather and bilberry. Opening these areas to 28

30 the Common will allow access by grazing livestock and take advantage of the improved shelter and water provided. Inclusion of these areas to the Common will have no effect on the flora and fauna of the parcels themselves or the Common Areas 1, 2, 3 and 4 are mainly level areas of pasture providing agricultural grazing being historically enclosed and cultivated. Grass species as mentioned are evident, promoted by occasional fertiliser use and historic cultivation. Area 3 is open to the Common and has been grazed by stock from the Common Normally if there are productive land areas within the Replacement Land then opening of this enclosure to the Common might attract local livestock in the very short term due to the presence of grassland species suitable for agriculture. The level areas of the enclosure could then become overgrazed in the short term and may attract sheep from other walks within the Common thus affecting shepherding of the local walks. However it is evident that Replacement Land area 3 has been available for grazing by livestock from the Common for a period of years as a result of the dilapidation of the boundary fences. There has been no evidence of any adverse effect on the livestock passing periodically between the said land bounding the Common and no effect on the shepherding of other local walks. The lack of effect on the surrounding Common is therefore evident even under the current level of agricultural management As detailed above, it is recommended that the agricultural husbandry and management of the semi-improved land within the Replacement Land Areas 1 and 2 be ceased upon the granting of the de-registration order with the said land allowed to naturally revert to upland pasture in the ensuing period prior to commencement of works. The available grazing areas of the enclosure will quickly revert, within two/three grazing seasons, to a moorland grass ecosystem as fertility levels drop and the more palatable grasses are grazed out by sheep. It is likely that the area will revert to dry heathland with interspersed wet heath based ecosystem as found on the corresponding common land area. The consultation with the officers of the Brinkers Association confirmed that they are happy that this area of land is included in the application as Replacement Land The seven areas of Replacement to be included within the Common are almost identical in topography, drainage, and soil types to the respective adjacent Common with the aspect a continuation in each case of the adjacent Common. Each area of Replacement Land can be immediately incorporated to the Common with full access for grazing and public amenity, along with utilisation by rights holders for claiming the current Single Farm Payment (SFP) The seven areas of replacement can be immediately incorporated to the Common with no effect on the grazing pattern of livestock using the Common. The majority of the flora and fauna within the parcels of Replacement Land immediately adjacent to the Common are identical to the adjacent Common. 29

31 4.31 The incorporation of the seven areas of replacement land will provide a benefit for the Common of improved animal welfare. Each area is at a lower elevation than the adjacent Common providing improved shelter from the wind and in some cases a running natural water supply The Replacement Lands provide a more diverse landscape and improved access for those using the area as a whole for amenity use Incorporation of the Replacement Land into the Common will provide for increased public access to areas of land previously inaccessible. There will be no stiles or gates between the Common and the Replacement Land which could be deemed a barrier to public access with the existing boundary fence taken back to the new set back boundaries of the Replacement Land areas As a result it is considered that the various areas of land proposed to be incorporated into the Common are wholly suitable as Replacement Land. Public access including access for disabled users is improved. Furthermore due to the nature of the topography of the land and its lower elevations providing improved shelter for livestock and access to running water for the same, the incorporation of the land to the Common will provide a major benefit to the Common as a whole. Part 5 Conclusion 5.1 In my opinion the Applicant has knowledge of the interests of the Brinkers and how they exercise their grazing rights. They have sought to consult with registered graziers on the Common Land Register and with the officers of the Brinkers Association to understand their views and any concerns, regarding the suitability of the Replacement Land to be provided in exchange. 5.2 The areas of Replacement Land provided exceeds the area of the Release Land. The registered graziers will not be disadvantaged by the proposals. 5.3 The Brinkers will have the same amount of land over which to graze their livestock as they currently enjoy and they will still be able to continue to use the common as they currently do throughout the construction period. The Replacement Land will provide the same level of common area available for SFP. 5.4 With regard to public access, access rights over the Replacement Land will be identical to the Common. The construction works will only require temporary fencing around turbine sites, the borrow pit and certain track locations and access will be available around these. 5.5 Replacement Land is provided to ensure that there is no detriment to the public or the commoners during construction or operation of the Proposed Development. 30

32 5.6 Management proposals over the area of semi-improved grazing within the Replacement Land areas 1 and 2 will allow these areas of semi improved grassland to revert to rough pasture prior to being provided as Replacement Land. 5.7 I conclude that inclusion of the proposed Replacement Land to the Common would not be detrimental to the Common, those using the Common for public access, horse riding, grazing livestock or claiming SFP. Signed:- John Eirian Davies MRICS SYRFEWR JED CYF, Llwynyrynn, Capel Isaac, Llandeilo, Carms SA19 7TP