23rd February 2011: WESTERN POWER WINS JUDICIAL REVIEW ON LOCAL NATURE RESERVE

Western Power has again thwarted the local community and local politicians: it has had the designation of the Nant Fawr Local Nature Reserve overturned.  Cardiff Council designated this land as a Local Nature Reserve last October, after having obtained the approval of the Countryside Council for Wales.  However, Western Power were obviously concerned that this might affect the access to their proposed housing development in the bowl of Llanishen reservoir. They sought a judicial review on the decision, and the judge, Mr. Justice Ouseley, today ruled that the designation as a Local Nature Reserve was not compatible with the land's recreational status as it was purchased under the 1875 Public Health Act.  This Act allows the public to access the land 'by right' at all times. Therefore Justice Ouseley concluded that there was a conflict between its use for nature conservation and its use for recreation, and that its designation as a Local Nature Reserve was unlawful.  It is understood that Cardiff Council will appeal against the decision.