Committee Date: 11/05/2011

COMMITTEE DATE: 11/05/2011

APPLICATION No. 06/01101/E APPLICATION DATE: 15/05/2006

APP: TYPE: Outline Planning Permission

APPLICANT: Western Power Distribution Investments Ltd LOCATION: LLANISHEN RESERVOIR, LISVANE ROAD AND 147 - 151 RHYD Y PENAU ROAD, LISVANE, CARDIFF, CF14 0SA PROPOSAL: RESIDENTIAL, SAILING LAKE AND CLUBHOUSE, WETLANDS HABITAT AND EDUCATION / COMMUNITY CENTRE, RE-PROFILING OF EXISTING RESERVOIR ALL WITH STRUCTURAL LANDSCAPING, ROADS, FOOTPATH, CYCLEWAYS AND ASSOCIATED HIGHWAYS WORKS ______

RECOMMENDATION: That the County Council is not satisfied that the amended Environmental Statement dated March 2011 contains sufficient information to determine the application.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 Outline planning permission is sought for residential development, sailing lake, clubhouse, wetlands habitat and educational/community centre, re- profiling of existing reservoir all with structural landscaping, roads, footpaths, cycleways and associated highways works on land on and in the vicinity of Llanishen Reservoir, associated access from Lisvane Road, 147, 149 and 151 Rhyd-y-Penau Road and land south of Rhyd-y-Penau Wood, Cyncoed, Llanishen & Lisvane, Cardiff.

1.2 Members will recall that the agent appealed to the Planning Inspectorate against non-determination of this application within the statutory period in 2008. A public inquiry has been arranged to start on 5 July 2011. The Council’s statement of evidence must be submitted to the Inspectorate by 7 June 2011. This report is presented to inform Committee of the revised Environmental Statement which has been submitted in preparation of the forthcoming Public Inquiry.

1.3 Since the last publication of the Environmental Statement in April 2008, the following circumstances have changed/emerged.

• On the 24th July, 2009, Llanishen Reservoir, as part of reservoirs within the Taff Fawr water supply system, was listed as a building of architectural or historic interest under the Planning (Listed Buildings and Conservations Areas) Act, 1990. • Following an Inspector’s recommendation to grant permission for the development, the Welsh Ministers determined to refuse permission in a decision letter dated 16th April, 2009. That decision was challenged in court and the Welsh Ministers consented to judgement. Accordingly, the Minster’s decision was quashed, • The sailing centre buildings at the site have been demolished. • There have been a number of changes to local and national planning policy. • The bollards at the junction of Keeper’s Cottage Lane and Rhyd-y-Penau Road are no longer kept locked. • As a result of concerns raised by the Inspectors appointed to examine the Cardiff Local Development Plan, the plan was withdrawn on 12th April, 2010. • A revised Joint Housing Land Availability Study has been published. • A planning application has been submitted for a mini roundabout on Lisvane Road which could, if approved, comprise an option for gaining access to the site. The same application also allows the potential for the surfacing and lighting of Keeper’s Cottage Lane, which could form an option associated with the development.

1.4 In addition to the above, a statutory inspection of Llanishen Reservoir and Lisvane Reservoir was carried out under section 10 of the Reservoirs Act 1975 in order to satisfy proposed owners as to its condition. The report on Llanishen Reservoir made recommendations in the interests of safety which included that a survey be undertaken of all valves and pipe work to ascertain their layout and condition. The recommendations made in the interests of safety were binding the appellant pursuance to section 10 of the 1975 Act. The Environment Agency served enforcement notices on the appellant requiring the report’s recommendations to be carried into effect not later than 31st January, 2011. If the appellant did not comply with these enforcement notices they risked prosecution. The appellant accordingly appointed expert reservoir engineers to advise on the carrying into effect of the recommendations in the interests of safety. The reservoir was drained down by the appellant on advice from their engineers, with the exception of a small number of pools in the bottom of the reservoir, where some water remains for ecological mitigation purposes. If it is to be refilled, where some water remains for ecological mitigation purposes. If it is to be refilled, the nature and associated timing of the commencement and completion of that refilling process is uncertain. It has been estimated that refilling by rainfall alone will take 8-10 years. However, it is appropriate when preparing an Environmental Statement to adopt robust assumptions for the purpose of carrying out the assessment. As such, for the purpose of this ES three scenarios have been assessed: (a) that the reservoir is full and maintains/has regained the same visual and environmental qualities as it did prior to being drainage (b) that the reservoir is partly refilled and (c) that the reservoir remains empty.

2. DESCRIPTION OF SITE

2.1 The site extends to 34.6 hectares and includes the whole of Llanishen Reservoir, surrounding embankments and grassland, the existing car park and sailing club at the northern end of the reservoir, land to create an improved access road from Lisvane Road to the north, land sufficient to create new access across meadows to the southeast and 147, 149 and 151 Rhyd-y-Penau Road together with the highway at the junction with Cyncoed Road. To the north of the application site is Lisvane Reservoir, a Site of Special Scientific Interest (SSSI), with a water level some 1.5 metres above the level of Llanishen Reservoir.

2.2 On 26th September 2005 the Countryside Council for Wales (CCW) notified both the Llanishen and Lisvane reservoir embankments as a Site of Special Scientific Interest (appendix 5) for its one special feature, that of the exceptional variety of grassland fungi, including over 25 species of waxcap that are characteristics of grasslands that have not been artificially fertilised. This notification was confirmed by CCW and upheld when challenged at the Royal Courts of Justice in January 2007.

2.3 The site does not have any public rights of way across it and for some years it was only accessible by the public if an annual pass was acquired from the owners or by users of the sailing centre. In recent months the site has been closed to the general public and a palisade fence has been erected around the boundary of the reservoir.

2.4 The existing lane at the northern end of the site links to Lisvane Road and is owned by the Council. The southerly access road would also cross Council land (the Nant Fawr Meadows) and this grassland area is used as informal open space. The proposed southern access road would cross a footpath before connecting with the existing roundabout at the junction of Rhyd-y- Penau Road/Cyncoed Rd.

3. SITE HISTORY

3.1 11/0384/DCO: Listed Building Consent sought in March 2011 for alterations to Llanishen Reservoir embankment and associated structures to facilitate development in accordance with application APP/26815/A/07/2042394/WF for residential development, watersports lake, wetland area, sailing centre, wildlife centre and associated infrastructure. Application called in by the Welsh Assembly in April 2011 prior to determination.

3.2 11/0383/DCO: Full planning permission sought for mini-roundabout on Lisvane Road and lighting/resurfacing of access track between Rhyd-y- Pennau Road and Llanishen reservoir and all associated works. Application called in by the Welsh Assembly in April 2011 prior to determination.

3.3 06/0934/E: Outline planning permission sought for residential, sailing lake and clubhouse, wetlands habitat, and educational /community centre, re-profiling of existing reservoir all with structural landscaping, roads, footpaths, cycleways and associated highways works. Withdrawn prior to determination.

3.2 03/2662/N: Outline planning permission sought for residential, sailing lake and clubhouse, wetlands habitat and wildlife educational /community centre through re-profiling of existing reservoir and surrounding bund all with structural landscaping, roads, footpaths, cycleways and associated highways works. An appeal was made to the National Assembly for Wales due to non- determination by the Council. The appeal was subsequently dismissed in August 2007 by the Minister for Environment, Sustainability and Housing. Planning Committee resolved that they would have refused to grant planning permission if they were able to do so and the reasons that would have been used are listed in Appendix 6. A copy of the Inspector’s conclusions and the Minister’s decision are at Appendices 7 and 8 respectively.

3.3 02/2750/N: Outline planning permission sought for residential, sailing lake and clubhouse, wetlands habitat and wildlife educational /community centre through re-profiling of existing reservoir and surrounding bund all with structural landscaping, roads, footpaths, cycleways and associated highways works. An appeal was initially made to the National Assembly for Wales due to non-determination by the Council. The appeal was subsequently withdrawn. Planning Committee resolved that they would have refused to grant planning permission consent if they were able to do so and the reasons that would have been used are listed in Appendix 9.

4. POLICY FRAMEWORK

4.1 The following policies are considered to be relevant from the South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011 (April 1997):

EV1 Towards Sustainable Development EV2 Urban Regeneration MV1 Location of New Developments MV2 Commuted Payments MV6 Development of Public Transport MV12 Public Access MV13 Equality of Access H1 New Dwelling Requirement H4 Special Housing Provision H5 Affordable Housing H6 Community Facilities B2 Improvement of Environmental Quality B4 Greening of Urban Areas C3 Sites of Nature Conservation Value C4 Local Sites of Nature Conservation Value C7 Woodlands & Hedgerows C8 Protection of Water Resources T1 Tourism & Recreational Developments T3 Informal Leisure & Recreation CL2 Flooding Risk

4.3 The following policies from the City of Cardiff Local Plan (January 1996) are relevant:

7 Protection of Open Space 8 Sites of Nature Conservation or Geological Value 9 Development in Areas at Risk from Flooding 10 Contaminated or Unstable Land 11 Design & Aesthetic Quality 14 Facilities for Public Transport Services 16 Traffic Calming 17 Parking and Servicing Facilities 18 Provision for Cyclists 19 Provision for Pedestrians 20 Provision for Special Needs Groups 21 Land for Housing 24 Affordable and Special Needs Housing 31 Residential Open Space Requirement 45 Sport, Recreation & Leisure Facilities 53 Neighbourhood Facilities for Recycling Purposes

4.4 The City of Cardiff Local Plan Supplementary Planning Guidance Notes (SPGs) on Open Space (June 2008), Access, Circulation & Parking Standards (January 2010), Biodiversity (June 2006), Affordable Housing (March 2007), Community Facilities & Residential Developments (March 2007), Development Contributions for School Facilities (March 2007), and Trees & Development (March 2007) are relevant.

4.5 The following policies of the deposit Cardiff Unitary Development Plan (October 2003) are relevant:

1A General Principles for the Location of Development 1B Achieving Good Design 1C Planning Obligations 1D Homes & Community Facilities 1H Site of International or National Importance for Nature Conservation 1J Open Space 1K Movement & Transport Priorities 1L Public Transport Infrastructure & Services 1N Car Parking 2.7 Strategic Recreational Routes 2.20 Good Design 2.21 Change of Use or Redevelopment to Residential Use 2.23 Affordable Housing 2.24 Residential Amenity 2.26 Provision for Open Space Recreation and Leisure 2.27 Provision for Schools 2.43 General Landscape Protection 2.45 Trees, Woodlands and Hedgerows 2.46 Sites of International or National Importance for Nature Conservation 2.47 Sites of Local Importance for Nature Conservation 2.48 Biodiversity 2.49 Protection of Open Space 2.51 Statutory Listed Buildings 2.55 Public Realm Improvements 2.56 Public Art 2.57 Access, Circulation and Parking Requirements 2.58 Impact on Transport Networks 2.61Protection of Water Resources 2.62 Flood Risk 2.63 Contaminated and Unstable Land

4.6 Planning Policy Wales and Technical Advice Notes (TANs) 1 (Joint Housing Land Availability Studies), 2 (Planning and Affordable Housing), 5 (Nature Conservation and Planning), 15 (Development and Flood Risk), 16 (Sport and Recreation), 18 (Transport) and 21 (Waste) are also relevant to the development proposals.

5. INTERNAL CONSULTEES RESPONSES

5.1 The Operational Manager, Drainage Division recommends conditions.

5.2 The Housing Strategy Officer advises that the Council approved an Interim Affordable Housing Planning Policy on 21 October 2010 which increases the target for affordable housing to 40% on applicable sites via an Affordable Housing Delivery Statement (AHDS). Although the 3rd addendum of the Environmental Statement relates to a previous application, their advice to all applicants is to consider this issue early and incorporate the required affordable housing in anticipation for any new planning applications submitted after this date.

6. EXTERNAL CONSULTEES RESPONSES

6.1 The Environment Agency notes section 1.1.3 of the Environmental Statement which states that the nature and associated timing of the commencement and completion of that refilling process is uncertain. They also note that the document states that natural refill using rainfall alone may take 8 – 10 years. Should the appellant intend to abstract more than 20 cubic metres of water per day from surface water sources or from underground strata then they will need an abstraction licence. They advise that there is no guarantee that this will be provided. They also advise that new licensed abstractions from the Nant Fawr may be restricted during low flow conditions. They refer the local planning authority to their previous comments in relation to the proposed development for detailed advice in relation to flood risk, groundwater and contaminated land, biodiversity, and pollution prevention.

6.2 The Countryside Council for Wales objects to the application and recommends deferral pending provision of new ecological information regarding dormice and update ecological information on bats, both of which are European Protected Species (EPS). They also state that, provided appropriate conditions and agreements are attached to any planning permission, it should be possible for the development proposals to be constructed and operated without significant impact on both the Llanishen and Lisvane Reservoir Embankments Site of Special Scientific Interest (SSSI) and Lisvane Reservoir SSSI.

7. REPRESENTATIONS

7.1 Julie Morgan, Welsh Assembly Candidate, reiterates her continued opposition to the development proposals. She considers that the development of sites such as the Nant Fawr corridor is undesirable and supports a protected green belt for north Cardiff in the forthcoming development plan. Until this plan comes into force, existing policies seeking to protect the Nant Fawr corridor should be protected.

7.2 Jenny Randerson AM objects to the development.

7.3 Numerous objections have been received from local residents and others who make the following comments:

(i) the existing road infrastructure will not support the proposals; (ii) local schools are over subscribed; (iii) harm to local wildlife; (iv) restrictions preclude development e.g. SSSI & listing; (v) setting of listing building will be destroyed; (vi) the reservoir should be re-filled; (vii) contrary to development plan proposals; (viii) the site should be designated a country park; (ix) traffic congestion and harm to highway users; (x) noise pollution; (xi) loss of important green corridor and open space; (xii) harm to nature conservation designations; (xiii) disruption to allotment users; (xiv) proposals would establish a precedent; (xv) loss of trees; (xvi) loss of amenity; (xvii) there are alternative housing sites; (xviii) the Council has a duty of care to its electorate; (xix) loss of sailing; (xx) reference to the Sustainability Appraisal and Strategic Environmental Assessment of the Local Development Plan 2010; (xxi) impact on bus services; and (xxii) only 2 wardens are insufficient.

7.4 The Lisvane Community Council maintains their objection and makes the following comments:

(i) housing development – the proposals pre-empt the publication of Cardiff’s new development plan. Primary schools in the vicinity are already oversubscribed. (ii) Listed building – it would be invidious to destroy the structure or develop it out of all recognition; (iii) Lisvane SSSI – classified for its over-wintering birds which would be destroyed by the development; (iv) South Rise allotments – increased pollution and traffic will harm this site; (v) Access Lisvane Road – they welcomed the Inspector’s conclusions regarding Option C (100% traffic from Lisvane Road).

7.5 A resident of Crundale Close, Llanishen has written in support of the proposals, stating that the addendum to the Environmental Statement has addressed most of the concerns raised by objectors previously.

8. ANALYSIS

8.1 This report is presented to Committee in order to inform the Council that an amended Environmental Statement has been submitted in March 2011.

8.2 The last report to Committee was made in October 2007 and included the following Recommendation 1:

That the County Council is satisfied that the submitted Environmental Statement dated 12th May 2006, Addenda dated August 2006 and 13th October 2006, and Second Addendum dated 16th February 2007 contains sufficient information and the Council has taken account of the Environmental Statement and accompanying information in assessing the environmental impacts of the proposed development.

8.3 The application is currently subject to an appeal and a Public Inquiry is scheduled to commence on 5 July 2011. As the Council no longer has the decision-making power, this report advises Members that the Environmental Statement has been amended to include changes in circumstance that have taken place since the publication of the third addendum to the Environmental Statement (May 2008). The changes are summarised in paragraphs 1.3 and 1.4 above.

8.4 It is considered that the amended Environmental Statement is lacking the following information:

(i) Reptile surveys undertaken in 2002 are out of date and need to be repeated; (ii) Insufficient information has been submitted to demonstrate that areas of grassland in the Llanishen Grasslands Site of Importance for Nature Conservation (SINC) are being lost to encroaching scrub, in comparison with previous years; (iii) Glow-worm surveys undertaken in 2006 are now out of date and need to be repeated; (iv) Toads were added as a designatory feature of the Llanishen Reservoir SINC in 2008, following survey work which revealed their population size to be exceptional when compared with regional selection criteria. Following drain down, surveys of Llanishen and Lisvane Reservoirs in March and April 2011 showed that toads were attempting to breed in the remaining shallow pools at the bottom of Llanishen Reservoir, with toads noted in and around the waterbodies, and spawn also noted in some areas. However, these waterbodies are much shallower than the original reservoir, so it is possible that spawn, and the resulting tadpoles and metamorphs, will be more vulnerable to predation and to desiccation in periods of hot, dry weather. Toads were also observed breeding in Lisvane Reservoir, with over 200 toads noted either within or around the reservoir, together with sightings of toad spawn in the water. If Llanishen Reservoir were refilled in some way, it is likely that the toad population could eventually recover to pre-drain down levels. However, if the proposed wetland area and new sports lake were created, it is essential that that features conducive to allowing successful toad breeding are incorporated into their design, in order that they may act as partial compensation for the loss of the Llanishen Reservoir toad breeding habitat. The ES should provide more details of features designed to accommodate toad breeding, together with features such as toad underpasses and fencing, in order to allow toads to migrate between breeding habitats and terrestrial habitats. (v) Information supplied relating to reptiles on the site is out of date, and surveys need to be repeated if the impacts of the proposed development upon these species is to be adequately assessed; (vi) 2004 – 2006 bat surveys are out of date and need to be repeated. Although measures have been undertaken to exclude bats from buildings on site, colonisation could have occurred over the last 5 years, especially as the buildings are unoccupied; (vii) The oak which is proposed to be removed as part of an application for access improvements at the Lisvane Road junction is identified as having ‘medium’ potential to support bat roosts, whereas in the Access Road Ecological Appraisal, submitted with this application, identifies the tree to be of ‘High’ bat potential. (viii) A full survey for Dormice should be undertaken as part of the Environmental Statement. Although a search for hazelnuts has previously been conducted, populations have recently been found in nearby sites with strong habitat connectivity to the application site. Furthermore, some areas of the application site support suitable habitat for this species. It is therefore advised that further information in the form of full Dormouse surveys in the surrounding woodlands will be needed in order to fully assess the potential impact of this application. This should take the form of a survey using nest tubes between May and October would be more reliable. (ix) In relation to the loss of habitat within the Llanishen Reservoir SINC, the conservation value of this habitat would partly be determined by its rarity. However, the Environmental Statement provides no analysis of how many similar examples of this habitat occur within, for example, the South Wales region. Therefore, it is not known whether this is the only example of this habitat type, and consequently of high relative value, or whether there are many other similar waterbodies in the South Wales region. (x) A judgement upon whether the proposed wetlands and lake would constitute suitable compensation for the loss of the Llanishen Reservoir SINC would be informed by an analysis of how well represented the original Llanishen Reservoir habitats and the proposed wetlands and lake habitats are in the region, together with a fuller understanding of the likely resultant habitats. This analysis is lacking from the ES and should be undertaken. (xi) Access options involving construction of a new road across the Nant Fawr meadows between Cyncoed road and the proposed development site would involve the loss of about 0.16 Ha of grassland, not including areas damaged during construction. As set out in Section 5.5.3 of TAN 5, compensation must be provided for this lost area of habitat, and the ES should set out more detail on how this could be achieved; (xii) Apart from direct loss of an area of habitat, the Nant Fawr meadows access option would interrupt the suite of habitats leading from the Nant Fawr corridor, the Rhyd-y-Penau complex and through to the open countryside of Lisvane. Plant species would be able to propagate themselves across this interruption by normal means of seed dispersal, but the access road would present a barrier to terrestrial animals in particular. (xiii) If options such as underpasses were proposed in order to allow free movement of terrestrial animal, then the ES would need to demonstrate that such methods were suitable for species such as harvest mice and otters. Overall, the proposed access route would create a less desirable situation than the current track and would undermine the connectivity of the Nant Fawr Meadows area for habitats and species.

8.5 It is therefore recommended that, although the decision making power rests with the Welsh Ministers, that the Council records its dissatisfaction with the completeness of the amended Environmental Statement dated March 2011.