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Committee Date: 11/05/2011

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Committee Date: 11/05/2011 COMMITTEE DATE: 11/05/2011 APPLICATION No. 06/01101/E APPLICATION DATE: 15/05/2006 ED: LLANISHEN 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)
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