Thursday 31 March 2011

16 Aug 2007: ASSEMBLY PLANNING INQUIRY REJECTS WESTERN POWER'S SECOND APPLICATION!

Following last November's Public Inquiry the Welsh Assembly Government have dismissed Western Power's appeal against the non-determination of their planning application by Cardiff Council. The Planning Inspector, Mr. Alwyn Nixon, recommended that the proposed development should be rejected because it would cause serious harm to the Llanishen and Lisvane Reservoir Embankments SSSI and also because it would cause serious harm to the character and coherence of the Nant Fawr open space corridor.
Below are his overall conclusions at the end of his report:
10.98.  Having considered all of the evidence, I have concluded that the proposed development would cause very serious harm to the Llanishen and Lisvane Reservoir Embankments SSSI and the special interest for which it is designated. This harm would not be offset by the benefits to the Lisvane Reservoir SSSI and the other nature conservation benefits to the site that have been propounded by the appellant. As such, the proposal would conflict with local plan policy 8 and structure plan policy C3, and would also be contrary to the thrust of national planning guidance in relation to the protection of SSSIs.
10.99.  Second, the proposed development would cause very serious harm to the character and coherence of the Nant Fawr open space corridor, of which the site forms an important part. The harm caused by the introduction of the proposed housing development and the construction of the proposed access road across Nant Fawr Meadows would not be offset by the various compensatory measures and positive features of the scheme which are proposed. The development would bring about a significant loss of open space of amenity and nature conservation value and would conflict with local plan policy 7 and structure plan policy BE4. It would also result in a diminution of the scope and quality of recreational sailing opportunities available at Llanishen Reservoir, which would not be adequately compensated  for by the water sports centre proposals at the new, much smaller, lake and the assistance offered to enable the existing sail centre activities to continue in part at other locations.
10.100. I conclude that the proposed development clearly does not accord with the development plan because of the proposal's conflict with its provisions concerning the protection and enhancement of open space and sites of nature conservation value and lack of conformity with its stipulations concerning the location of new housing sites; and that, having considered all matters raised, material considerations do not exist which are sufficient to outweigh the conflict and harm I have identified and so indicate a determination other than in accordance with the development plan in this case.
The new Welsh Assembly Government Minister for Environment, Sustainability and Housing, Jane Davidson, broadly agreed with the Inspector's conclusions and accepted his recommendations. The appeal by Western Power is therefore dismissed, and their proposed housing development in the Nant Fawr green corridor has been rejected.
Hurrah!
Note of caution: This is not necessarily the end of our campaign.  Western Power can submit further planning applications, and their fourth application is still to be determined.  They will however, need to be mindful of the very significant reservations expressed by the inspector with respect to their second application, and particularly the damaging effect of such a development on the Nant Fawr open-space corridor.