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CARDIFF COUNCIL CYNGOR CAERDYDD

COUNCIL: 22 JUNE 2006

EXECUTIVE PROPOSAL AGENDA ITEM:

SUPPLEMENTARY PLANNING GUIDANCE

Reason for this Report

1. To advise on the outcome of consultation on the following draft Supplementary Planning Guidance (SPG) documents and recommend their adoption, as amended, by the Council:-

(1) Access, Circulation & Parking Requirements (2) Archaeologically Sensitive Areas (3) Biodiversity (4) Dumballs Road (5) Locating Waste Management Facilities (6) Public Art (7) Safeguarding Employment Land.

Background

2. Assembly Government guidance1 encourages local planning authorities to prepare SPG to provide advice on how development plan policies will be implemented. This should help those involved in the development and planning process understand the purpose and objectives of policies and assist the submission of permissible planning applications.

3. SPG must be consistent with planning legislation, Assembly guidance and the development plan. It should be prepared in consultation with the public and appropriate interests, and their views should be taken into account before formal Council approval. SPG may be given weight as a material consideration when making decisions on planning applications.

4. Planning Committee finds SPG helpful in determining planning applications and is keen to extend the range of existing guidance.

5. In February and March 2006 consultation was undertaken with the public on the above draft SPG. Each of the SPG appended to this report contains appendices outlining the specific consultation undertaken, a summary of the representations submitted and the changes made in response.

1 Unitary Development Plans (WAG 2001)

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6. Most of the comments received were minor and technical in nature however there were a few significant comments and these and the proposed changes are summarised below:-

• Access, Circulation and Parking Requirements – concern was expressed over the lack of requirement for non operational parking in new student residences and potential problems of on-street parking. [Response to be circulated at Portfolio meeting] • Public Art – concern was expressed over the wording of the paragraph relating to “Percent for Art” which could imply that developers will be required rather than encouraged to provide public art in new development schemes. In response it is proposed that the wording is amended to better clarify that the Council encourages rather than seeks to impose such a requirement. • Locating Waste Facilities – concern was expressed over the preference in the SPG for accommodating such facilities on general industrial land (Class B2). No change is proposed to the SPG which reflects Assembly guidance to locate such facilities in B2 areas where the impact on the local population and environment is minimised. In addition the SPG does not preclude development of waste facilities outside B2 areas but states that such areas are identified as the first area of search. • Safeguarding Employment Land – concern was expressed that the SPG should acknowledge that national policy actively encourages use of employment land that is not needed within the development plan period. In response no change is proposed as the SPG will provide detail on the policy context for releasing employment land which is no longer viable for such use and covers all existing land not just development plan allocations.

Reason for the Recommendation

7. To comply with Welsh Assembly Government guidance on the process for preparing Supplementary Planning Guidance.

Legal Implications

8. The adopted development plan the City of Local Plan (adopted January 1996) contains policies and proposals which provide the basis for deciding planning applications. The policies in the adopted development plan have special status under Section 54A of the Town and Country Planning Act 1990 (“the 1990 Act”) which means that planning decisions must be taken by the council’s planning authority in accordance with it unless material considerations indicate otherwise.

9. Whilst the development plan contains policies and proposals which provide the basis for deciding planning applications supplementary planning guidance (“SPG”) can be used as a means of setting out more detailed guidance on the away in which those policies will be applied in particular circumstances or areas. An SPG may be taken into account by the LPA as a material consideration when determining a planning application.

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10. In order for an SPG to be given as much weight as possible as a material consideration it must be formulated, prepared and adopted in the proper manner. An SPG must therefore conform to the requirements mentioned in Paragraph 3 above.

11. All decisions taken by or on behalf of the Council must (a) be within the legal power of the Council; () comply with the procedural requirements imposed by law; (c) be within the powers of the body or person exercising powers on behalf of the Council; (d) be undertaken in accordance with the procedural requirements imposed by the Council e.g. standing orders and financial regulations; (e) be fully and properly informed; (f) be properly motivated; (g) be taken having regard to the Council’s fiduciary duty to its taxpayers; and (h) be reasonable and proper in all the circumstances.

Financial Implications

12. No direct financial implications are expected to arise from the implementation of the recommendation for this report.

EXECUTIVE CONSIDERATION

13. The Executive considered this report on 4 May 2006 and resolved that relevant officers be requested to reconsider the content of the SPG relating to Archaelogically Sensitive sites to address the views expressed at the meeting before Council consideration.

EXECUTIVE PROPOSAL

That Council be recommended to adopt the following Supplementary Planning Guidance documents, as appended to the report:

(1) Access, Circulation & Parking Requirements; (2) Archaeologically Sensitive Areas (as amended); (3) Biodiversity; (4) Dumballs Road; (5) Locating Waste Management Facilities; (6) Public Art; (7) Safeguarding Employment Land.

THE EXECUTIVE 4 May 2006

The following Appendices are attached:-

(1) Supplementary Planning Guidance: Access, Circulation & Parking Requirements (2) Supplementary Planning Guidance: Archaeologically Sensitive (3) Supplementary Planning Guidance: Biodiversity (Parts 1 & 2) (4) Supplementary Planning Guidance: Dumballs Road

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(5) Supplementary Planning Guidance: Locating Waste Management Facilities (6) Supplementary Planning Guidance: Public Art (7) Supplementary Planning Guidance: Safeguarding Employment Land

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Supplementary Planning Guidance

Locating Waste Management Facilities

(For Council Approval in June 2006)

Cardiff Supplementary Planning Guidance Locating Waste Management Facilities

Contents

Page

1 Introduction 1

2 Policy Context 2 European and National Guidance Local Planning Policy

3 Scope of Guidance 3

4 Underlying Principles 4 Sustainability – BPEO/SWMO Waste Hierarchy Proximity principle and regional self-sufficiency Flexibility

5 Need for Waste Management Facilities 6

6 Locational Considerations 7 Appropriate locations in principle Specific Locational considerations

7 Environmental Considerations 9 Environmental Assessment Environmental Impact of Principal Waste Management Facilities Environmental Impact of Landfill Sites General Environmental Considerations

8 Mitigating measures 13 9 Licensing 14

List of Appendices

A Relevant Development Plan Policies 15 B Cardiff Unitary Development Plan 17 C Relevant Strategies and Legislation 19 D Extracts from Cardiff’s Draft Municipal Waste Strategy 21 E Extracts from South East Wales Regional Waste Plan 22 F Waste Hierarchy 24 G Consultation on Draft SPG 25 H Consultation Representations and Responses 27

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Cardiff Supplementary Planning Guidance Locating Waste Management Facilities

1. Introduction

1.1 This draft Supplementary Planning Guidance Note (SPG) relates to waste policies in the existing development plan for Cardiff. It is intended to : • identify the developments to which the policies apply; • identify acceptable locations for waste facilities in principle; and • provide advice to prospective applicants and the general public on the criteria against which proposals for waste facilities will be considered.

1.2 The guidance has been the subject of consultation outlined in Appendix G and Appendix H identifies the main changes made in response to the comments received. It was approved by Council on [22 June] 2006.

1.3 The Welsh Assembly Government supports the use of Supplementary Guidance (SPG) to set out detailed guidance on the way in which development plan policies will be applied in particular circumstances or areas1. SPG must be consistent with development plan polices and national planning policy guidance. It may be taken into account as a material planning consideration in planning decisions.

1.4 Policies in the existing development plans to which this draft SPG relates are identified in Appendix A.

1.5 Although not necessarily land-use planning documents, there are a number of other strategies and EC Directives which will require consideration. A list of the most relevant documents is contained in Appendix C. This list is not exhaustive.

1.6 The Council placed the Cardiff Unitary Development Plan on deposit in October 2003. However, following introduction of the European SEA (Strategic Environmental Assessment) Directive, in May 2005 the Council resolved, with the agreement of Welsh Assembly Government to cease preparation of the Cardiff UDP and commence preparation of a Local Development Plan (LDP). The relevance of the UDP to this guidance is addressed in Appendix B.

1 Unitary Development Plan Wales (NAW, February 2001) paragraphs 2.12- 2.16

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2. Policy Context

European and National Policy

2.1 The European Community Landfill Directive and National Waste Strategy for Wales Wise about Waste, propose a move to more sustainable waste management methods such as re-use and recycling over the next twenty years and set challenging targets to ensure this takes place. The outcome of this policy shift will be increased demand for new waste management facilities in the County and this guidance will help facilitate this shift by providing detailed guidance to developers on the types of locations which are likely to be suitable to meet this demand.

2.2 Planning Policy Wales sets out the Government’s planning policies as they apply in Wales and re-enforces the need for this guidance. It states that authorities must ensure that policies in Unitary Development Plans facilitate the delivery of the waste management objectives in the Waste Strategy and meet the obligations required by European legislation. Technical Advice Note (Wales) 21 on Waste provides more detailed guidance stating that Unitary Development Plans should facilitate the delivery of the waste strategy on the ground by adopting a sustainable approach to waste management. In particular it states that policies should provide clear guidance for new waste infrastructure indicating suitable locations or types of locations that may be acceptable.

2.3 Central to the delivery of the Wales Waste Strategy are the new regional arrangements for waste planning which require authorities to agree Regional Waste Plans to ensure an integrated and adequate framework or network of facilities for their region. The South East Wales Regional Waste Plan was agreed in March 2004. This sets out agreed capacity and facility requirements for each waste stream for each Planning Authority within the region (see Appendix E). This plan has informed the Council’s draft Municipal Waste Management Strategy which sets out the infrastructure requirements to deal with municipal waste for the period to 2013 and beyond (see Appendix D).

Local Planning Policy

2.4 Relevant development plan policies are listed in Appendix A. In particular this guidance amplifies policies 52 “Further Landfill Waste Disposal Sites”, Policy 53 “Neighbourhood Facilities for Recycling Purposes”, Policy 54 “Recycling of Chlorofluoro-Carbons”, and Policy 55 “other Waste Disposal Facilities” of the City of Cardiff Local Plan. Separate supplementary planning guidance on Waste Collection and Storage Facilities in new development was approved by the Council in January 2004.

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3 Scope of Guidance

3.1 This document provides guidance on the assessment of proposals for new waste management facilities, including facilities required in order to deliver the South East Wales Regional Waste Plan and Draft Municipal Waste Management Strategy for Cardiff. These include:

• re-use facilities; • waste collection facilities - civic amenity sites, bring sites, scrap yards; • waste separation and recycling and recovery facilities; • composting facilities; • waste transfer stations; • thermal processes - include relatively new techniques for energy recovery such as gasification, pyrolysis; • thermal treatment (with or without energy recovery); and, • landfill or land-raising operations.

3.2 Such facilities should be capable of dealing with the full range of waste streams arising. Such waste streams include: municipal; industrial; commercial; construction and demolition; and special/hazardous/clinical and agricultural waste.

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4 Underlying Principles

4.1 The South East Wales Regional Waste Plan provides the land-use planning framework for the development of waste facilities in the region. This framework is guided by 5 key principles which are also important considerations for waste planning in Cardiff.

Sustainability - Best Practicable Environmental Option/Sustainable Waste Management Option

4.2 The basis of sustainable development in terms of waste is to "de-couple" waste production from economic growth, basically to ensure that the increase in waste production is slower than growth in the economy.

4.3 TAN 21 requires that proposals for dealing with waste should be subject to Best Practicable Environmental Option (BPEO). BPEO is a procedure which establishes the waste management option that provides most benefit or least harm to the environment. However, BPEO tends to focus on environmental consequences.

4.4 TAN 21 advocates a study of "Sustainable Waste Management Options" (SWMO) which looks at socio-economic and policy issues in addition to environmental considerations. The South East Wales Regional Waste Plan adopted a SWMO approach.

4.5 Further guidance on BPEO and SWMO is provided in Annex H of TAN 21.

Waste Hierarchy

4.6 All proposals for the development of waste management facilities across the County should conform with the principle of the waste hierarchy.

4.7 The waste hierarchy is a theoretical hierarchy of techniques or approaches to waste management. It provides a general guide to advise decisions on waste management options. Waste disposal falls at the bottom of the hierarchy with waste minimisation and reduction towards the top. The basic premise of the waste hierarchy is that society needs to reduce the overall amount of waste produced and that there needs to be a move away from over-reliance on disposal. Further details are provided in Appendix F.

Proximity principle and regional self-sufficiency

4.8 The proximity principle requires that waste should be treated and/or disposed of as close to the source of origin as possible due to the environmental impact of transporting waste. Proposals should therefore take account of the available transport network and the preferred means and routes for transport.

4.9 Regional self-sufficiency provides that as far as possible, waste should be treated or disposed within a sensibly defined region where it is produced. The South East Wales Regional Waste Plan provides the framework for

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determining regional capacity requirements but local authorities are responsible for determining the way in which capacity requirements are met in terms of location and facility.

Flexibility

4.10 The South East Regional Waste Plan is also framed by the principle of flexibility. It is acknowledged that economic, social and technological change will influence growth rates, composition and management options. It is therefore important to ensure waste management options are kept open and flexible and that an integrated waste management approach is adopted; avoiding over-reliance on a single waste management option.

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5 Need For Waste Management Facilities

5.1 It is important to establish need for waste management facilities as underprovision or overprovision of facilities could encourage the import or export of waste over longer distances. This is contrary to the proximity principle (see para 4.8) and could also discourage the development of local options closer to the point of origin.

5.2 It is also important to ensure that need outweighs any potential adverse environmental harm.

5.3 The need for additional capacity and waste management facilities in Cardiff is established in the following documents :

• the South East Wales Regional Waste Plan, which details existing capacity within waste facilities in SE Wales along with future capacity and facility requirements for in each local authority area (Appendix E); and,

• Cardiff's draft Municipal Waste Management Strategy. The Strategy provides further information relating to municipal waste arisings, as detailed in the South East Wales Regional Waste Plan, and specifically addresses indicative land requirements for waste infrastructure (see Appendix D).

5.4 Need should also have regard to the following issues, which may be informed by these documents:

• existing waste flows and volumes; • identification of the waste catchment area affected and sources of waste; • existing provision of facilities dealing with the waste stream in question; • assumptions on waste movements and patterns; • assumptions on waste growth over appropriate time periods; • predictions on the identified shortfall in capacity over appropriate time periods.

5.5 Cardiff Council's annual Waste Sites Schedule provides information relating to the existing capacity of waste management facilities in the County.

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6 Locational Considerations

Appropriate locations in principle

6.1 Waste management facilities will be encouraged in existing or allocated general industrial areas (B2 uses) unless it can be shown that they could be acceptably located elsewhere. Lamby Way is allocated in the Local Plan as an area appropriate for waste management facilities. The "Cardiff Business and Industrial Landbank Monitor" is produced annually, in July, and provides information on unimplemented industrial consents and allocations across the County, including those for B2 use.

6.3 Given the potential of waste management facilities to generate significant numbers of vehicle movements, sites should also be well located in terms of the primary road network. Consideration should also be given to alternative modes of transport where possible.

6.4 The detailed environmental implications of specific proposals will need to be fully considered when any planning applications are received by the local planning authority. A range of environmental considerations which should be taken into account are detailed in Chapter 7 of this guidance.

Specific Locational Considerations

6.5 Cardiff’s Municipal Waste Strategy identifies need for a number of “bring sites” or community recycling . It is accepted that, in principle, these facilities are appropriate in residential and commercial areas, including large retail developments.

6.6 It should be noted that more onerous locational requirements will apply for some waste streams, in particular Hazardous Waste. The co-disposal of hazardous and non-hazardous waste is prohibited by the Landfill Directive. Hazardous waste destined for landfill will be directed to a dedicated hazardous waste landfill site. The Landfill Directive also imposes more stringent requirements on hazardous waste sent to landfill. Such waste may require additional treatment prior to landfilling.

6.7 Industrial sites are not likely to be suitable for landfill operations or windrow composting.

6.8 The Landfill Directive provides specific locational advice for landfill sites. The following considerations should be taken into account:

• distance from the boundary of the site to residential and recreational areas, waterways, water bodies and other agricultural or urban sites - landfill facilities should not be located within 250m of occupied property;

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• the existence of groundwater, coastal water or nature protection zones in the area;

• protection of the nature or cultural heritage of the area; and,

• the presence of nearby airports or heliports.

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7 Environmental considerations

7.1 Waste management facilities can generate concern due to the characteristics of processing activities and the transport of materials. A wide range of environmental considerations should be addressed in any proposal in order to ensure that any potential adverse impact is minimised. Where environmental impact is unacceptable and cannot be mitigated, it is unlikely that planning permission will be granted.

Environmental Assessment

7.2 All proposals which fall within Schedule 1 to the Town and Country Planning [Environmental Impact Assessment) (England and Wales) Regulations 1999] must be subject to Environmental Impact Assessment (EIA). In terms of proposals which fall within Schedule 2 of these Regulations, the local planning authority will provide a screening opinion as to whether EIA is required.

Environmental Impact of Principal Waste Management Facilities

7.3 Table 1 provides general guidance on the type of amenity issue which arise from the principal waste management facility types. It also includes guidance on the need for an Environmental Impact Assessment (EIA). The need to undertake an EIA in connection with proposals for waste management facilities is based on the requirements of the European Commission EIA Directives (85/337/EEC and 97/11/EC).

Table 1

Type of Facility Need for EIA Key Environmental Impact Materials Recovery and Recycling Facilities

Processing of recyclables Sometimes Noise, Traffic, Litter, Visual Litter, Odour, Noise, Traffic

Mixed Waste Processing Sometimes Visual

Small-scale community Civic Amenity sites - Traffic, Visual, Litter schemes Sometimes Bottle banks - No

Composting Centralised - usually Odour, Water Resources, Small scale - no Noise (windrow), Visual (in- vessel), Traffic

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Energy Recovery

Anaerobic Digestion - can Centralised - usually Odour, Visual, Noise, Traffic be centralised in a large Small scale - no development scheme or small-scale community based

Pyrolysis/Gasification Usually Air Quality, Noise, Traffic, Visual

Small Scale Thermal Usually Air Quality, Noise, Traffic, Treatment Visual

Large Scale Thermal Yes Air Quality, Off-site ecology, Treatment Noise, Traffic, Visual

Landfill Gas Plant No Noise, Visual

Landfill Yes Traffic, Water Resources, Noise, Ecology, Visual Waste Transfer Facilities Sometimes Noise, Traffic, Visual, Odour, Litter Other Facilities

Leachate Treatment Plant No Visual, Water Resources Source - adapted from ODPM study, "Planning for Waste Management Facilities", August 2004. EIA key : - Yes : EIA is an obligatory requirement under the EIA regulations Usually : Subject to facility scale/throughput and site specific circumstance No : EIA not normally required

Specific Environmental Impacts of Landfill Sites

7.4 Landfilled waste produces gas both during operation and post closure. Landfill gases produce a number of potential environmental risks, including the production of methane, a powerful, flammable greenhouse gas. Without proper management the migration of gas from landfill can cause fire and explosion in nearby buildings, underground services or voids. It can also present a risk of asphyxiation. Therefore, where appropriate, planning applications for landfill facilities should be supported by clear proposals and plans to address the management of landfill gas.

7.5 Energy Recovery. Where the landfill gas resource is sufficient, it is expected that the energy will be recovered and used to power production or serve as a fuel for industrial or heating processes.

7.6 Restoration, Aftercare and Afteruse. It is important that all applications should be accompanied by clear proposals and plans for restoration and aftercare in preparation for the intended after-use. If the proposed after-use

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comprises a material change in use, planning permission will be required. With particular reference to landfill and land-raising operations, appropriate and careful restoration and aftercare is required to prepare the site for a use compatible with the surrounding area and the development plan. The Environment Agency's, "Technical Guidance on Capping and Restoration of Landfills", November 2004, provides more details.

General Environmental Considerations - applicable to all waste management facilities:

7.7 Transport. Vehicle movements will be carefully considered when the Council assesses proposals for waste management facilities. Further advice can be provided by the Council’s Highways and Transportation section.

7.8 Dust. Dust, particulates and other emissions are environmental impacts which persist outside normal operating hours. Such issues are normally dealt with by the appropriate regulatory body under pollution control legislation or permit conditions. Air quality can be a material planning consideration. Planning conditions may be imposed to require waste operators to prepare a scheme or enforce measures to suppress dust emissions.

7.9 Birds and Vermin. Waste management sites can attract both birds and vermin. Vermin present a potential health hazard whilst some tips can require management of protected/rare species. Congregating birds can be a nuisance to residential communities living near facilities but can cause a significant hazard to aviation safety. Because of this, all applications which fall within 8 miles of Cardiff International Airport will be referred to the Civil Aviation Authority for comment. All applications for landfill development that fall within 10 miles of RAF St Athan will be referred to the Ministry of Defence.

7.10 Odours. Facilities can produce unpleasant odours which will need to be given full consideration at the planning application stage. Draft working plans to explain how offensive odours can be minimised should be included with the planning application.

7.11 Noise. Planning conditions are likely to be imposed to limit the amount of noise and restrict the times of operation.

7.12 Litter. Landfill sites, transfer stations and civic amenity sites can potentially cause particular problems in terms of litter. Operating plans and procedures should be used to reduce the impact of this issue.

7.13 Protection of Surface and Groundwater. Planning conditions will be imposed on schemes involving landfill and land-raising in order to control drainage and disposal of surface water and to prevent pollution of groundwater by leachate. Waste management facilities in areas that are regularly or potentially subject to flooding are unlikely to be acceptable. Welsh Assembly Government

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Technical Advice Note 15 and the Environment Agency Wales can provide further guidance.

7.14 Land Instability. The local planning authority will need to be satisfied that the stability of proposed sites has been properly investigated. New landforms should be designed to fit in with the scale and nature of surrounding topology.

7.15 Visual Impact. Screening and amenity bunds may be required. Soft landscaping may be considered. Site planning should include details of landscape proposals with any planning application.

7.16 Nature and Archaeological Conservation. Where any ecological interest is known or suspected to be significant on or adjacent to proposed development sites, an ecological/geological/soil survey should be undertaken before any decision is taken on the future use of the site. Consideration should also be given to the potential effect on sites of archaeological importance.

Health Impact Assessment

7.17 In addition to considering the above environmental impacts of waste management schemes, it is necessary to assess the potential effect on people's health through a health impact assessment.

7.18 Where relevant, impact on human health should be taken into account in planning decisions as part of the Environmental Impact Assessment.

7.19 Further guidance on the health impact assessment process is provided in the Better Health Better Wales document, "Developing Health Impact Assessments in Wales", produced by Welsh Assembly Government.

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8 Mitigating Measures

Planning Conditions

8.1 There are a range of options and methods available which can serve to minimise or overcome some of the environmental issues outlined. It should be expected that a range of conditions will be attached to any grant of permission for a waste management facility in order to address particular environmental concerns. However, it should be noted that where such problems cannot be satisfactorily addressed through mitigating measures, permission is unlikely to be granted.

Hours of Operation

8.2 The proposed hours of operation of a facility will be closely linked to issues of noise control, traffic movements, and levels of lighting. A condition setting out the hours of working will normally be attached to each waste management facility. Where sites are located close to residential areas or other sensitive land-uses, it will normally be inappropriate to allow operations or traffic movement to occur at night, Sundays or holidays. However, it is appreciated that some activities may require 24 hours operation, e.g. plant maintenance, facilities to control or collect gas emissions at landfill sites and surface water pumping.

Design

8.3 Issues surrounding the design of waste management facilities including: complementing the existing topography; the use of appropriate materials and colour; and, landscaping should be considered as part of any planning application.

8.4 Developers are also encouraged to incorporate the principles of eco-design in any application. Eco-design aims to reduce the amount and type of waste involved in the construction process, including the amount of material that requires disposal at the end of a facility's life. Further guidance is available from the Design Council.

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9 Licensing

9.1 A waste management licence is a legal document, required under the Environmental Protection Act 1990. Licenses are required to recover, transport, deposit or dispose of waste. They ensure that authorised activities do not cause pollution of the environment, harm to human health or serious detriment to local amenities.

9.2 Planning permission is required before a new permit or waste management licence is granted. Developers who are considering the provision of any waste management facility should therefore discuss the proposal with the planning authority and relevant pollution control regulator. Further advice can be obtained from the Environment Agency Wales.

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Appendix A: Relevant Development Plan Policies

City of Cardiff Local Plan (Including Waste Policies), [adopted January 1996]

Policy 51 - Land for Waste Disposal Purposes

Land is allocated for waste disposal purposes at Rumney Moors as defined on the Proposals Map

Policy 52 - Further Landfill Waste Disposal Sites

Proposals for further landfill waste disposal sites will be assessed against the following: (i) considerations of scale, location, amenity, public safety and transportation; (ii) considerations of landscape character, visual amenity, nature conservation and environmental impact (including water quality); (iii) the need for such proposals assessed against city and regional requirements; (iv) the type, quantity and source of waste and the proposed duration of development; (v) restoration, aftercare and after-use proposals; (vi) aviation safety.

Policy 53 - Neighbourhood Facilities for Recycling Purposes

Proposals for the development of neighbourhood facilities for the reception of household waste for recycling purposes will be favoured, subject to considerations of scale, location, design, amenity and transportation.

Policy 54 - Recycling of Chlorofluoro-Carbons

Proposals for the development of facilities for the recovery and recycling of chlorofluorocarbons (CFC's) and their derivatives will be favoured subject to:

(i) consideration of scale, location, amenity and transportation; (ii) considerations of visual amenity, nature conservation and environmental impact.

Policy 55 - Other Waste Disposal Facilities

Proposals for the development of waste disposal facilities including those for the disposal (excluding landfill), processing, recycling and transfer of waste will be carefully assessed against the following:

(i) considerations of scale, location, amenity, public safety and transportation; (ii) considerations of visual amenity, nature conservation and environmental impact (including water quality); (iii) the need for such proposals assessed against city and regional requirements; (iv) the type, quantity and source of waste.

Other relevant policies:

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Chapter 2 - Conservation of the Built Environment

Chapter 3 - Countryside, Open Space and Nature Conservation

Chapter 4 - Safety, Environmental Control and Design

Chapter 5 - Transportation and Movement

Mid County Structure Plan, Approved Plan Incorporating Proposed Alterations No.1 (September 1989)

Waste Disposal

WD2

It is the policy of the County Council that applications for waste disposal sites should be considered in relation to the following criteria:

1 Avoidance of both surface water and underground water pollution 2 Provision of adequate site access 3 Effects on residential interests and amenity 4 Effect on ecology or archaeology of the area 5 Effect on agriculture and landscape

WD3

There will be a presumption against proposals for waste disposal that do not provide for phased working where appropriate and restoration where possible and do not provide for an appropriate beneficial after-use.

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Appendix B – The Cardiff Unitary Development Plan

The Cardiff Unitary Development Plan was placed on deposit in October 2003. Following introduction of the European SEA (Strategic Environmental Assessment) Directive in 2004 and subsequent up-dated guidance from the Welsh Assembly Government on development planning, the Council has sought the agreement of the Assembly to cease preparation of the Cardiff UDP and commence preparation of a Local Development Plan (LDP).

Guidance issued by the Welsh Assembly Government in respect of LDPs indicates that where a UDP has been put on deposit it may remain a consideration in development control decisions until such time as an LDP has been placed on deposit. Generally, the weight to be attached to policies in emerging UDPs depends on the stage of plan preparation, the degree of any conflict with adopted plans, and the number and nature of any objections and/or representations in support of the policy.

The following policies of the deposited Cardiff UDP have some relevance to this SPG:

Policy 1.P: Waste Management

Waste arisings from Cardiff will be managed within the county by:

a. promoting and supporting additional treatment facilities, measures and strategies that represent the best practicable environmental option, having regard to the waste hierarchy and the proximity principle; b. supporting a continued but reducing rate of landfill at Lamby Way, together with recycling and civic amenity facilities; c. encouraging facilities for the re-use and management of other waste by its producer as close as environmentally practicable to its point of origin; d. supporting the provision and maintenance of sustainable waste management facilities in all appropriate new developments; and, e. supporting waste minimisation and the provision of facilities that use recycled or composted products.

Policy 2.12: Land for Waste Management

Land at Lamby Way, identified on the Proposals Map, is allocated for waste management purposes.

Policy 2.73: Sites for Waste Management Facilities

Proposals for the development of waste management facilities will be permitted if:

a. there is a demonstrable need assessed against county and regional requirements; b. they conform with the principle of the waste hierarchy, the "proximity principle"

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and the principle of regional self-sufficiency; c. they would not cause unacceptable harm to the environment; d. they include acceptable proposals for restoration, aftercare and after-use; e. they would not endanger aviation safety; f. they include acceptable proposals for the protection of adjoining and nearby land from landfill gas and leachate migration or contamination; and, g. they include suitable proposals for energy recovery and the beneficial after- use of products.

Policy 2.74: Provision for Waste Management Facilities in Development

Where appropriate, provision will be sought in development for secure, unobtrusive and easily accessible facilities for the storage, recycling and other management of waste.

Objections were received at deposit to all policies listed above.

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Appendix C - Relevant Strategies and Legislation

Wise About Waste, The National Waste Strategy for Wales, Welsh Assembly Government, June 2002

South East Wales Regional Waste Plan, South East Wales Regional Waste Plan Group, March 2004

Municipal Waste Management Strategy for Cardiff County Council, Final Draft Strategy Document for Consultation, Cardiff Council, August 2004

Technical Advice Note 21, Waste, Welsh Assembly Government, November 2001, National Assembly for Wales

National Policy and Legislation

Animal By-Products Order 1999 and Animal By-Products (Amendment) (England) Order 2001

Environment Act 1995

Environmental Protection Act 1990

Finance Act 1996 and the Landfill Tax Regulations

Household Waste Recycling Act 2003

Landfill (England and Wales) Regulations 2002

Pollution Prevention and Control (England and Wales) Regulations 2000

Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (as amended)

Renewable Obligation Order 2002 (England and Wales)

Special Waste Regulations 1996

Waste Minimisation Act 1998

European Policy

Animal By-Products Regulation (EC) 1774/2002

Commission Directive 93/86/EEC and Commission Directive 98/101/EC, and the Proposed Directive on Battery Recycling

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Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances, as amended by Directive 2002/96/EC on Waste Electrical and Electronic Equipment (WEEE)

Directive on Groundwater (80/68/EEC)

End-of-Life Vehicles Directive 2000/53/EC

Framework Directive on Waste 75/442/EEC, as amended by Directive 91/156/EEC

Hazardous Waste Directive (91/689/EC) and the revised European Waste Catalogue 2002

Landfill of Waste Directive 1999/31/EC

Restriction of Hazardous Substances in Electrical and Electronic Equipment (ROHS) Directive (2002/95/EC)

Waste Incineration Directive 2000/76/EC

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Appendix D – Extracts from Cardiff's Draft Municipal Waste Strategy

Predicted Tonnages of Municipal Waste for Cardiff In Key Target Years

2003/04 2006/07 2009/10 2010 2013 2020 (baseline year) (WAG (WAG (Landfill (Landfill (Landfill recycling recycling Directive Directive Directive and and Target) Target) Target) composting composting target year) target year) 193,234 210,613 231,813 237,608 252,061 263,040

Source - Final Draft Waste Management Strategy for Cardiff (August 2004) For Consultation

Indicative Land Requirements for Waste Infrastructure

Technology Footprint Required (ha) Replacement Landfill Approx. 25 ha over a life of (say) 10 years

Mechanical Biological Treatment 2 Plant

Energy from Waste Plant 2

Materials Reclamation Facility Sufficient land available at existing site at Lamby extension Way

Household Waste Recycling 1 each site Centre (2 No. required)

Compost processing, in-vessel 2 (including maturation area)

Additional compost processing, 2 open windrow

"Bring" points (approx. 35 0.15 - 0.25 each site (nominal area only) required)

Source - Final Draft Waste Management Strategy for Cardiff (August 2004) For Consultation

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Appendix E – Extract from South East Wales Regional Waste Plan

(1)Capacity Requirements for Each Waste Stream (at 2013)

The table below provides indicative figures of Cardiff's capacity requirements for each waste stream at 2013. The figures are reproduced from the SE Wales Regional Waste Plan and provide an estimate of the capacity required from each facility at 2013. It should be noted that the figures are based on assumptions in the Regional Plan used to assess the environmental impact of waste management options and are indicative rather than absolute values.

Capacity Requirement for Each Waste Stream at 2013 (tonnes)

Municipal Commercial Commercial Construction Controlled Total & Industrial and & Demolition Agricultural Non-Inert Industrial Inert Materials 92,908 61,430 102,387 198,365 33 455,123 Recovery Facility Open 11,221 12,683 0 0 0 23,904 Windrow Composting In Vessel 44,884 50,734 0 0 0 95,618 Composting Inert 0 6,893 113,165 360,096 0 480,154 Recycling Facility Mechanical 65,456 63,547 0 0 129 129,131 & Biological Treatment

Thermal 0 853 0 0 0 853 Treatment Treatment 0 28,112 0 0 0 28,112

Landfill 29,216 36,211 0 0 129 65,555 Civic 22,680 0 0 0 0 22,680 Amenity Transfer 52,703 15,803 21,410 20,047 0 109,964 Station Total 319,067 276,266 236,961 578,509 290 1,411,093

Source: South East Wales Regional Waste Plan, March 2004

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(2) Indicative Number of Facilities Required for Each Waste Stream (at 2013)

The table below provides indicative figures of the number of waste facilities required to meet Cardiff's capacity requirements for each waste stream at 2013. The figures are reproduced from the SE Wales Regional Waste Plan and provide an estimate of the capacity required from each facility at 2013. It should be noted that the figures are based on assumptions in the Regional Plan used to assess the environmental impact of waste management options. The Regional Plan stresses that, "decisions on actual facility size and therefore the number needed to provide the required capacity will be made at a later stage by each local authority".

Indicative Number of Facilities Required for Each Waste Stream at 2013

Municipal Commercial Commercial Construction Controlled Total & Industrial and & Demolition Agricultural Non-Inert Industrial Inert Materials 6.2 4.1 6.8 13.2 0 30.3 Recovery Facility Open 2.2 2.5 0 0 0 4.8 Windrow Composting In Vessel 4.5 5.1 0 0 0 9.6 Composting Inert 0 0.2 3.8 12 0 16 Recycling Facility Mechanical 1.1 1.1 0 0 0 2.2 & Biological Treatment Thermal 0 0 0 0 0 0 Treatment Treatment 0 1.3 0 0 0 1.3 Landfill 0.3 0.4 0 0 0 0.7 Civic 4.5 0 0 0 0 4.5 Amenity Transfer 0.9 0.3 0.4 0.3 0 1.8 Station

Total 19.7 15 11 25.6 0 71.2

Source: South East Wales Regional Waste Plan, March 2004

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Appendix F - Waste Hierarchy

This is a theoretical hierarchy of techniques/approaches to waste management first set out in the EC Framework Directive. The basic components are outlined below: -

Reduction

Re-Use

Recycling & Composting

Recovery

Disposal

A simplistic interpretation of the waste hierarchy is the impression that options at the top of the hierarchy are good whilst options at the bottom are bad. However, the reality is more complicated and a mix of facilities are required which include provision for disposal of residual waste as well as the provision of other options further up the hierarchy.

Waste reduction is at the top of the hierarchy. The priority should be to eliminate or produce less waste. The reuse of waste involves using a product over again. Where a product is considered unsuitable for reuse, it may still contain materials of value which can be recovered through recycling, composting or treatment with energy recovery.

Disposal of waste should only be considered when all other options in the waste hierarchy have been maximised.

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Appendix G – Consultation on the Draft SPG

Consultation on this guidance was undertaken between 14th February and 14 March 2006. A Press Notice was placed in the Echo on Tuesday 14 February 2006 and notices and copies of the draft guidance were placed in all Cardiff Libraries. The draft guidance was also published on the Council's website.

Letters notifying that consultation was being undertaken on the draft guidance were sent to Cardiff Councillors, the Welsh Assembly Government, Environment Agency, Countryside Council for Wales, Community Councils in Cardiff and the following who are known to have a general interest in planning in Cardiff, or a potential interest in this guidance.

• Arup • • Atkins • Baker Associates • Barton Willmore Planning Partnership • Boyer Planning • Cardiff Cycling Campaign • Cardiff Local Health Board • Cardiff Waste Forum • CDN Planning • Chartered Institute of Waste Management • Civil Aviation Authority • Coal Authority • Cylch *** • Development Planning Partnership • DLP Consultants • DTZ Pieda Consulting • Enviros Consultancy • Federation of Small Businesses • Freight Transport Association • Friends of the Earth • GL Hearn Planning • GVA Grimley • Halcrow • Harmers Ltd • Hepher Dixon • Home Builders Federation • John Robinson Planning & Design • Lovell Partnership • Mason Richards Planning • MVM Planning • Nathaniel Lichfield & Partners • Network Rail Infrastructure Ltd • Quarry Products Association • Road Haulage Association

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• Robert Turley Associates • RPS Group plc • Stride Treglown Town Planning • Wales Environment Link • Waste & Resources Action Programme • Welsh Development Agency • Welsh Environmental Services Association • White Young Green Planning

Comments specifically or generally relevant to the draft guidance were received from the above consultees indicated *** and from

• Western Power Distribution

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Appendix H – Consultation Representations and Responses

REF1 REPRESENTATIONS COUNCIL RESPONSE CHANGES TO SPG 4.8 Support "proximity principle" Noted No change 6.1 Not appropriate to favour B2 land in preference to other TAN21 is clear that the most appropriate No change areas for waste facilities. Delete reference to the use of locations for new waste facilities are those "other areas" only where industrial sites are not available. with the least adverse impact on local population & environment. Industrial areas, especially those containing heavy/specialised industries (i.e. B2 uses) are specifically referred to as suitable locations for new waste facilities. The SPG does not preclude development of waste facilities outside B2 areas but B2 areas are identified as the first areas of search. The SE Wales Regional Waste Plan also states that many waste facilities can be appropriately located on existing/proposed B2 sites. Para 6.5 recognises the particular needs of bring sites.

6.2 Appears contradictory to para 6.1 as states that waste The intention was to note that sites used for Delete para 6.2 facilities should be separated from sensitive land uses heavy industry will, by their nature, be such as residential or employment areas. separated from residential or employment (office based) areas. But B2 land is dealt with in paragraph 6.1 so there is some duplication.

1 Reference to paragraph in Consultation Draft of SPG

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6.8 Delete reference to the 250m The 250 m requirement is based on guidance Reword - "landfill facilities should in TAN 21 which relates to the need to not be located within 250m of comprehensively assess development occupied property" proposals within 250m of an active/close landfill. Accept that site conditions, topography etc will all be factors in determining appropriate separation distance but aim is to provide some guidance on appropriate distances. Regional Waste Plan indicates that landfill sites should not be sited within 250m of occupied property. Amend to reflect.

7.5 Amend to recognise that recovery of the landfill gas The objective is to recover energy from the No Change resource will not always be possible or feasible due to landfill gas resource. Difficulties in achieving variation in site conditions this can be assessed at the application stage.

7.12 Recognise that sites do not always cause litter problems. Noted Reword para to ," Landfill sites, Reword to "..can potentially cause particular problems in transfer stations and civic terms of litter" amenity sites can potentially cause particular problems in terms of litter. 4.8 - Support idea of regional working between LPAs to Noted No change 4.9 ensure waste is treated as close to source of origin as possible 5.1 Cylch view waste as a resource and support the retention Noted No change of the value of the resource within the local community, both in terms of economic value and in the provision of jobs for local people

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6.1 - Cylch would like local community to be consulted in This SPG has been released as part of a No change 6.8 terms of locational considerations of any waste formal public consultation period. management facilities.

Approved by Cardiff Council [2229 June] 2006

For more information please contact: The Strategic Planning Manager Cardiff Council, CY1 County Hall, , Cardiff CF10 4UW

Email: [email protected]

Appendix 1

Supplementary Planning Guidance

Access, Circulation and Parking Requirements

(For Council Approval in June 2006)

Cardiff Supplementary Planning Guidance Access, Circulation and Parking Requirements

CONTENTS Page

1. Introduction 2

2. Legislation, Guidance and Development Plan Policies 3

Legislation and National Guidance 3 Development Plan Policies 3

3. Guidance on Policy Implementation 6 3.1 Parking 6 a) Parking Guidelines: General Requirements 6 b) Car Parking Guidelines 7 c) Parking Guidelines for People with Disabilities 8 d) Car Parking for People with Young Children 9 e) Cycle Parking Guidelines 9 f) Parking Guidelines for Powered Two Wheelers 10 g) Parking Layout and Design 10 3.2 Developer Contributions 11 3.3 Planning Conditions 11 3.4 Transport Assessments 12 3.5 Travel Plans 14

APPENDICES APPENDIX A Car Parking Guidelines by Land Use 16 1. Residential: new build, extensions & redevelopments 16 2. Residential: changes of use to residential 18 3. Residential: sheltered and other accommodation 19 4. Offices 20 5. Shops, retail warehouses and garages 21 6. Industry and warehousing 23 7. Places of entertainment and hotels 25 8. Community establishments 27 9. Educational establishments 28 APPENDIX B Map1: Central Area and Area 1, 2 & 3 Boundaries 29 APPENDIX C Cycle Parking Guidelines 30 APPENDIX D Parking Layout and Design 32 (i) Car park design 32 (ii) Disabled car parking design 35 (iii ) Design of parking for people with young children 35 (iv) Design of operational parking (servicing) 35 (v) Design of parking for commercial vehicles 35 (vi) Design of cycle parking 35 (vii) Design of parking for powered two wheelers 36

APPENDIX E Consultation on the Draft SPG 38 APPENDIX F Representations and Responses 41 APPENDIX G The Cardiff Unitary Development Plan 53

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1. INTRODUCTION

1.1 This draft guidance supplements policies in existing development plans for Cardiff (identified in paragraphs 2.5 and 2.6) concerning access, circulation and parking requirements. It applies to all categories of development for which planning permission is required, including new developments, extensions, redevelopments and material changes of use. It includes guidance on: • car, cycle, motorcycle and disabled parking provision, layout and design; • developer contributions; • the use of planning conditions; • transport assessments; • travel plans.

1.2 The guidance will help ensure a transparent and consistent approach to the provision of parking, developer contributions, travel plans and transport assessments and, crucially, will inform applicants of the Council’s expectations at an early stage of the development process.

1.3 The guidance has been the subject of consultation as outlined in Appendix E and Appendix F identifies the main changes made in response to the comments received. It was approved by Council on [22 June] 2006.

1.4 The Welsh Assembly Government supports the use of supplementary planning guidance (SPG) to set out detailed guidance on the way in which development plan policies will be applied in particular circumstances or areas. SPG must be consistent with development plan policies and national planning policy guidance and may be taken into account as a material planning consideration in planning decisions.

1.5 The Council placed the Cardiff Unitary Development Plan on deposit in October 2003. However, following introduction of the European SEA (Strategic Environmental Assessment) Directive, in May 2005 the Council resolved, with the agreement of the Welsh Assembly Government, to cease preparation of the UDP and commence preparation of a Local Development Plan (LDP). Welsh Assembly Government guidance1 indicates that the deposited UDP may remain a consideration in development control decisions until such time as the LDP is adopted. Appendix G indicates references in the UDP to matters which are the subject of this guidance.

1 Revisions to Draft Local Development Plans Wales (Welsh Assembly Government October 2005, paragraph 7.8)

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2. LEGISLATION, GUIDANCE AND DEVELOPMENT PLAN POLICIES

Legislation and National Guidance

2.1 Planning Policy Wales (March 2002) sets out the Government’s planning policies as they apply in Wales. It includes guidance on car parking provision (paras 8.4.1 – 8.4.6), which is viewed as a ‘major influence on the choice of means of transport and the pattern of development.’ It outlines that local authorities should ‘ensure new developments provide lower levels of parking’ as minimum parking standards are no longer seen as appropriate. It also encourages local authorities to collaborate with neighbouring authorities when considering parking issues in order to ‘establish maximum levels of parking for broad classes of development, together with a threshold size of development above which such levels will apply’ (para 8.4.3.). The importance of conducting travel assessments is also identified as they can ‘provide the basis for negotiation on schemes, including the levels of parking’ (para 8.7.2.)

2.2 Planning Guidance (Wales) Technical Advice Note 18: Transport [TAN 18] supplements Planning Policy Wales and provides additional guidance on achieving a sustainable and integrated transport system.

2.3 TAN 18 emphasises that local authorities should consider the need for introducing or reviewing parking standards and requirements, and the parking needs of disabled people. Car parking policies should address the provision and management of both on-street and off-street parking, and the standards to be applied to new developments, reflecting the differing needs of various land uses. Additionally, neighbouring authorities should co-operate to achieve a more consistent regional approach. Guidance also states that polices should encourage the implementation of specific measures to develop safer cycling, including secure cycle parking at interchanges, and at all major developments.

2.4 TAN 18 also indicates that the extra traffic generated by a proposed development may produce the need for transport improvements in the vicinity, and beyond. It states that where improvements are necessary, local planning authorities may grant planning permission subject to a condition requiring that improvements are completed prior to the commencement/occupation of the development. Furthermore, it says that developers will be required to pay the cost of any highway improvements where the need is directly created by their development. Such improvements may be secured under section 278 of the Highways Act 1980, whilst the use of planning obligations may be appropriate in some circumstances.

Development Plan Policies

2.5 The following policies relating to access, circulation and parking requirements are contained within adopted development plans covering the Cardiff County area.

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South Glamorgan (Cardiff Area) Replacement Structure Plan (Adopted 1997)

MV2 Commuted Payments Contributions will be sought from developers towards any necessary improvements to the transport system arising as a result of the proposed development

MV11 Parking New development shall include adequate provision for car parking according to the adopted parking guidelines. In the city centre and the core area of , which are well served by a range of public transport, a reduced level of parking is required.

MV13 Equality of Access Measures will be taken to improve safety and conditions for pedestrians and people with impaired mobility, by providing access to bus stops, railway stations, and car parks and removing conflict with traffic, particularly in areas of high pedestrian activity

City of Cardiff Local Plan (Adopted 1996)

Policy 14 Facilities for Public Transport Services The design and layout of development proposals will be required to accommodate necessary facilities for public transport services.

Policy 16 Traffic Calming The design and layout of development proposals will be required to incorporate necessary traffic calming or similar traffic management measures.

Policy 17 Parking and Servicing Facilities Development proposals will be required to provide parking and servicing facilities in accordance with the City Council’s adopted guidelines.

Policy 18 Provision for Cyclists Development Proposals will be required to make convenient and safe provision for cyclists, including cycle parking facilities in accordance with the City Council’s adopted guidelines.

Policy 19 Provision for Pedestrians The design and layout of new development will be required to retain and/or create a safe and convenient environment for pedestrians.

Policy 20 Provision for Special Needs Groups Development proposals which may be used or visited by the general public will be required to make provision for special needs groups including people with disabilities, parents with young children and elderly.

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Creigiau and

2.6 The City of Cardiff Local Plan and South Glamorgan Replacement Structure Plan do not apply to the and Pentyrch areas. The Mid Glamorgan County Structure Plan Approved Plan Incorporating Proposed Alterations No.1 covers those areas. This plan, approved by the Secretary of State for Wales in 1989, includes the following policy:

Mid Glamorgan County Structure Plan Approved Plan Incorporating Proposals for Alteration No.1

T4 It is the Policy of the County Council that except in town centres all new development, redevelopment or changes of use should include appropriate operational and non-operational parking provisions according to the land use, density and location proposed. In town centres, there will be a presumption against the location of the required non-operational car parking within the curtilage of new development.

2.7 The appropriate parking guidelines for the whole of the area of the County of Cardiff are contained within Section 3 and Appendix A of this document.

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3. GUIDANCE ON POLICY IMPLEMENTATION

3.1 PARKING

a) Parking Guidelines: General Requirements

3.1.1 This SPG sets out parking guidelines for cars, people with disabilities, cycles and powered two wheelers, together with advice on car parking for people with young children. The application of parking guidelines forms part of the Council’s integrated transport strategy. They are intended to help reduce traffic growth, reduce reliance on the car and encourage the use of alternative means of travel. These objectives are balanced against the need to limit on-street parking and, in turn, congestion, danger and visual intrusion, and limit harmful impact on urban regeneration and competitiveness.

3.1.2 The parking guidelines relate to specific uses within the Town and Country Planning Use Classes Order 1987 but do not cover every possible land use or type of development. As such, any proposed land use or development not specifically mentioned will be considered on a site specific basis, on its individual merits. The absence of parking guidelines for a specific use does not mean that no parking provision will be required.

3.1.3 The parking guidelines apply to all categories of development for which planning permission is required, including new developments, extensions, redevelopments and material changes of use.

3.1.4 It is recognised that there may be situations where it may be justifiable to apply the parking guidelines for cars, people with disabilities, cycles and powered two wheelers in a flexible way, taking the merits and circumstances of each planning application into consideration. The following factors will be taken into account as part of the assessment of, and negotiations over, parking provision on any particular scheme. The list is not in a hierarchical order: (i) the nature and type of development, and information relating to its future occupation, use or management (e.g. if a scheme is for affordable housing in an area of low car ownership or contains a higher proportion of disabled people;) (ii) location; (iii) accessibility to and the availability of on-street and public off- street parking; (iv) accessibility to and availability of high frequency public transport; (v) accessibility to the site by walking and cycling; (vi) impact on highway and pedestrian safety; (vii) impact on amenity; (viii) impact on crime and disorder; (ix) the degree of mixed/dual uses, and (x) whether the development will involve the shared use of parking.

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3.1.5 It should be noted, however, that parking provision that exceeds the guidelines specified in this SPG will only be permitted where an applicant has demonstrated, to the Council’s satisfaction that: (i) a lower level of parking is not achievable through the implementation of measures to minimise the need for parking and car travel, and (ii) effective measures are being undertaken to minimise the need for parking.

3.1.6 Where the specific use or nature of development or its occupation or management is a factor in applying the guidelines flexibly, the Council may impose conditions to limit permitted development rights or to control management and occupancy.

3.1.7 For mixed use developments, the guidelines relating to each use should be used to calculate the overall total parking level.

3.1.8 Where parking levels above the maximum are considered acceptable on grounds that the development will involve shared parking, the Council will seek to secure this through the imposition of a planning condition or the use of a planning obligation.

3.1.9 Changes of use will be subject to the same guidelines as new development. Reduced numbers of spaces will be sought where the proposed use is demonstrably less traffic intensive than the previously approved use.

3.1.10 In all instances, developers will be required to demonstrate, to the Council’s satisfaction, that the proposal will work in transport terms. It should not be assumed that where a proposal accords with the parking standard that it is automatically acceptable.

3.1.11 For the avoidance of doubt, parking guidelines that relate to floor areas are GROSS floor areas, unless stated otherwise.

b) Car Parking Guidelines

3.1.12 The car parking guidelines set out in Appendix A are based on the Parking Guidelines of the Standing Conference on Regional Planning in South Wales (Revised Edition 1993), as amended in the City of Cardiff Local Plan (adopted January 1996) and, subsequently, by the Addendum to the South Wales Parking Guidelines 1993 (September 2001). Whilst the guidelines have been amended to reflect local circumstances, the regional approach remains, reflecting Planning Policy Wales (March 2002) advice on the need to consider parking issues on a joint basis with neighbouring authorities (paragraph 8.4.3).

3.1.13 Residential parking guidelines include space required for residents and visitors. Guidelines for non-residential development comprise operational and non-operational parking guidelines.

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(i) Operational parking guidelines set out the parking space required for servicing a development. They provide sufficient space to allow the maximum number and size of vehicles likely to serve the development at any one time, and to load/unload and manoeuvre with ease without inconvenience to vehicles and pedestrians on the public highway or to other users of the site. Space for staff cars which, by the nature of the business, is required for day-to-day operation, may also be included. (ii) Non-operational parking guidelines set out the parking space not necessarily used for the operation of the business, and includes employee and visitor/shopper parking.

3.1.14 Different guidelines are applied to the central area of Cardiff, shown on Map 1, attached as Appendix B. The central area is subdivided into 3 sub-areas within which different office, industry and warehousing guidelines apply. These sub-areas comprise the City Centre Core Area (Area 1), the Bridge Area (Area 2) and the Waterfront Core Area (Area 3). These areas are based on boundaries defined within the City of Cardiff Local Plan (adopted January 1996), amended to reflect the impact of Central Station and the Bus Station on public transport accessibility levels, and regeneration within the Bay area.

3.1.15 The non-operational parking guidelines for non-residential developments, set out in Appendix A, constitute maximum parking provision, in line with Planning Policy Wales (March 2002) and the Addendum to the South Wales Parking Guidelines 1993 (September 2001).

3.1.16 Where residential parking guidelines are set out as ranges, the top of the range constitutes a maximum standard and the bottom, a minimum standard. As noted above in paragraph 3.1.4, there may be situations where it may be justifiable to apply the parking guidelines flexibly, taking the merits and circumstances of each planning application into account.

3.1.17 The operational parking guidelines set out in this guidance do not constitute maximum or minimum provision, but rather the required level of parking provision. This reflects the position set out in the Addendum to South Wales Parking Guidelines 1993 (September 2001).

3.1.18 It should be noted that only operational parking guidelines are applied in Central Area, as non-operational parking will be provided in public car parks or in limited waiting on-street areas.

c) Parking Guidelines for People with Disabilities

3.1.19 Guidelines on the number of designated parking bays for people with disabilities are set out within Appendix A. These are based on guidelines contained within the ‘Parking Guidelines of the Standing Conference on Regional Planning in South Wales’ (Revised Edition 1993) and the

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Department of Transport Traffic Advice Leaflet 5/95 ‘Parking for Disabled People’.

3.1.20 The parking guidelines for people with disabilities represent minimum provision and should be provided in addition to the operational and non- operational car parking provision. Where a reduced number of car parking spaces below the maximum level are provided, the level of car parking provision for disabled people should be maintained in the same proportion as if the overall number of spaces was up to the maximum level. At certain locations, and where the proportion of disabled people is known to be higher, the ratio of parking for the disabled may need to be increased.

3.1.21 The needs of disabled people will also need to be considered in the provision of operational parking.

3.1.22 The needs of disabled people (including designated spaces) will also need to be considered in developments which are proposing no off street car parking.

3.1.23 Planning applications should be accompanied by an ‘access statement’. Guidance on access in the planning system (‘Planning and Access for Disabled People – A Good Practice Guide’ published by ODPM and BS 8300: 2002 ‘Design of buildings and their approaches to meet the needs of disabled people - Code of Practice’) recommends provision of an access statement to identify the philosophy and approach to inclusive design adopted, the key issues of the particular scheme, and the sources of advice and guidance used. An additional benefit of providing an Access Statement is that it should set out, at the time of the planning application, most of the information needed by a building control body, thus assisting the dialogue between the applicants and building control. In addition to the adequate provision of specifically designed and located parking bays provision should also be made for suitable and conveniently located ticket dispensing machines and vehicular control barriers. Further guidance on access statements and the requirements relating to access and use of buildings, under Part M of the building regulations, can be obtained from [email protected]

d) Car Parking for People with Young Children

3.1.24 In shops and buildings to which the public have access and in public car parks, spaces should be reserved for people needing to transfer young children to and from the car. Spaces should be provided as part of non- operational parking provision.

e) Cycle Parking Guidelines

3.1.25 Cycle parking guidelines for different types of development are set out within Appendix C. These represent minimum provision which must be provided in addition to other vehicle parking. However, the Council would encourage greater provision.

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3.1.26 In most instances, a distinction is made between Long Stay and Short Stay cycle parking. Short stay cycle parking provide for the needs of visitors or customers to a building for up to 5 hours, whilst long stay parking provides for the needs of employees and commuters for longer periods, for example, over 5 hours.

3.1.27 Where it is not possible to provide cycle parking within the site itself, the developer will be expected to make a payment equivalent to the cost, as specified by the Council, of purchasing and installing the required cycle stands. The Council will then pool funds from various developments within a locality to provide cycle parking in the vicinity.

3.1.28 The importance of other cycling facilities such as changing rooms, showers and lockers cannot be underestimated in encouraging more cyclists. Such facilities will be sought in appropriate circumstances where long stay cycle parking is required.

f) Parking Guidelines for Powered Two Wheelers

3.1.29 Significant savings in the number of car parking spaces available will be possible if separate provision is made for motorcycles, as single motorcycles parked in car spaces is not an efficient use of space. Developers will be expected to provide secure parking for powered two wheelers in all non- residential developments equal to a minimum of 1% and a maximum of 5% of the number of car parking spaces provided. Parking for powered two wheelers is required in addition to car and cycle parking provision. For the avoidance of doubt, the guidelines for powered two wheelers apply to all non- residential developments, including multi storey and other car parks.

g) Parking Layout and Design

3.1.30 Please refer to Appendix D for detailed guidance on parking layout and design. For guidance on access for refuse collection vehicles and refuse collectors please refer to the Council’s Supplementary Planning Guidance on Waste Collection and Storage Facilities.

3.1.31 The Council is committed to fulfilling its responsibilities under Section 17 of the Crime and Disorder Act 1998, which states that all relevant authorities have a duty to consider the impact of all their functions and decisions on crime and disorder in their local area. This obligation will be achieved, in part, by providing guidance which will help ensure that crime and the perception of crime in the local context has been a material consideration in the design and layout of parking.

3.1.32 Cardiff County Council endorses both the ‘Secured by Design’ (SBD) and ‘Park Mark Safer Parking’ award schemes. The schemes offer a uniform approach to creating safer environments by providing high standards of security and good design. They are supported by the Association of Chief Police Officers (ACPO) and the Home Office Crime Reduction Unit. Developers are encouraged to apply for the award, and should seek early

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advice from South Wales Police, or visit the website (www.securedbydesign.com).

3.2 DEVELOPER CONTRIBUTIONS

3.2.1 In line with paragraph 8.7.5 of Planning Policy Wales (March 2002) and Policy MV2 (Commuted Payments) of the South Glamorgan Replacement Structure Plan, particular emphasis will be given to securing contributions towards off-site improvements in public transport, walking and cycling, where such measures, either on their own or as part of a package of measures, would be likely to improve the site’s accessibility and influence travel patterns to the site. Examples might include pedestrian improvements which make it easier and safer to walk to the site from other developments or public transport, or improvements to a cycle route or bus service which goes near to the site.

3.2.2 Planning obligations will normally be negotiated under Section 106 of the Town and Country Planning Act 1990. Agreements can also be entered to under Section 278 of the Highways Act 1980. These prescribe the highway improvements needed as a result of proposed developments. Parking studies, Traffic Regulation Orders and off-site traffic management measures are normally secured via Section 106 agreements.

3.2.3 Planning obligations will be negotiated on an individual basis, taking into account the particular circumstances of each proposal and Government guidelines set out in Welsh Office Circular 13/97 ‘Planning Obligations’. In line with the tests set out in Circular 13/97, planning obligations will be sought where they are: (i) necessary, (ii) relevant to planning, (iii) directly related to the proposed development, (iv) fairly and reasonably related in scale and kind to the proposed development, and (v) reasonable in all other respects. Contributions secured under this approach may be pooled in order to fund specific enhancements, such as park and ride, and new or improved public transport and inter-modal facilities, where such facilities would be directly related to individual development proposals.

3.2.4 If there is a choice between entering into a planning obligation and imposing a planning condition, it is preferable to impose a condition. Conditions are more transparent, offer greater flexibility in the light of changing circumstances and offer the developer the right of appeal to the Assembly against conditions considered to be onerous.

3.3 PLANNING CONDITIONS

3.3.1 Planning conditions may be imposed on the grant of planning permission to secure on-site transport measures and facilities as part of the proposed development, in line with paragraph 8.7.5 of Planning Policy Wales (March 2002) and government guidelines set out in Welsh Office Circular 35/95 ‘The Use of Conditions in Planning Permission’.

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3.3.2 In relation to access, circulation and parking, conditions may be used:

(i) to specify the number of parking spaces and their size; (ii) to control the management and use of parking spaces, so that, for example, priority is given to certain categories of people, e.g. disabled people and people with young children; (iii) to secure the removal of parking spaces after a specified period, or when access to the site is improved by public transport, walking and cycling; (iv) to control the design of delivery areas and specifications for lorry parking and turning spaces; (v) to secure the provision of secure cycle parking and changing facilities and safe pedestrian and cycle routes; (vi) to secure the provision of facilities for public transport, such as bus stops, shelters, boarders and build-outs, real-time information units and anti-crime cameras; (vii) to require the preparation of a Travel Plan or require aspects of a travel plan to be implemented; (viii) to restrict permitted development rights, in exceptional circumstances, where an otherwise permitted change of use could cause a material deterioration in local traffic conditions.

3.3.3 Conditions attached to a planning permission will be enforceable against any developer who implements that permission and any subsequent occupiers of the property.

3.3.4 The provision of facilities for public transport (para. 3.3.2.vi) and a requirement to prepare a Travel Plan (para.3.3.2.vii) can also be secured through planning obligations. However, if there is a choice between imposing a planning condition and entering into a planning obligation, it is preferable to impose a condition because it enables a developer to appeal to the National Assembly for Wales. All conditions must satisfy the policy tests of Welsh Office Circular 35/95 ‘The Use of Conditions in Planning Permission’.

3.4 TRANSPORT ASSESSMENTS

3.4.1 Transport Assessments should be prepared and submitted alongside the relevant planning applications for any development that will have significant transport implications. A Transport Assessment is a comprehensive and consistent review of all the potential transport impacts of a proposed development or redevelopment, with an agreed plan to reduce any adverse consequences. Covering access by all modes, their purpose is to provide information to enable decision-makers to understand how the proposed development is likely to function in transport terms.

3.4.2 Planning Policy Wales (March 2002) advises that Transport Assessments should be conducted for major developments to appraise demand and impact (paragraph 8.7.2). In the absence of any detailed guidance on the type and

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scale of development for which Transport Assessments should be provided, the following thresholds are provided as a guide:

(i) food and non-food retail developments of more than 1000 m2; (ii) cinemas, other leisure uses and conference centres of more than 1000 m2; (i) residential development of more than 100 units; (ii) B1 development of more than 2500 m2; (iii) B2 industrial development in excess of 5000 m2; (iv) B8 warehousing in excess of 10,000 m2; (v) hospital and higher/ further education developments in excess of 2500 m2; (vi) stadia in excess of 1500 seats; (vii) other travel intensive developments where one or more of the following apply: • 100 2-way trips in the peak hour; • more than 100 on-site parking spaces; • traffic to and from the development exceeds 10% of the two- way flow on the adjoining highway; • traffic flow to and from the development exceeds 5% of the two-way flow on the adjoining highway where congestion exists or will exist within the assessment period.

3.4.3 The thresholds reflect advice contained in the Addendum to South Wales Parking Guidelines 1993 (September 2001), which are, in turn, based on Revised Draft PPG 13 (October 1999) and the Institution of Highways and Transportation Guidelines for Traffic Impact Assessment. These thresholds are provided as a guide only; it is recognised that there may be situations where it may be justifiable to apply the thresholds in a flexible way, taking the merits and circumstances of each planning application into consideration. The specific circumstances of the case may require a Transport Assessment to be prepared for developments falling below the above thresholds.

3.4.4 For the avoidance of doubt, the above thresholds apply to new development, extensions, redevelopments and material changes of use. The traffic thresholds should normally be applied to peak hours, but other periods may also need to be assessed and these should be identified in the scoping study for the Travel Assessment.

3.4.5 The coverage and detail of the Transport Assessment should reflect the scale of development and the extent of the transport implications of the proposal. Developers should hold early discussions with the Council in order to clarify whether a Transport Assessment is necessary and, if so, to ‘scope’ its requirements. No two Transport Assessments are likely to be exactly the same; what is appropriate for one development will not necessarily be satisfactory for another.

Approved by Cardiff Council 13 [22 June] 2006

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3.5 TRAVEL PLANS

3.5.1 Travel Plans will be required as a condition of planning consent for developments that are likely to have significant transport implications. As a guide, travel plans should be developed for the following developments: (i) food and non-food retail developments of more than 1000 m2; (ii) cinemas, other leisure uses and conference centres of more than 1000 m2; (iii) residential development of more than 100 units; (iv) B1 development of more than 2500 m2; (v) B2 industrial development in excess of 5000 m2; (vi) B8 warehousing in excess of 10,000 m2; (vii) higher/ further education and hospital developments in excess of 2500 m2; (viii) stadia in excess of 1500 seats; (ix) smaller developments which would generate significant amounts of travel in, or near to, air quality management areas and in other locations where there are local initiatives or targets for the reduction of road traffic, or the promotion of public transport, walking and cycling; (x) developments where a Travel Plan would help address a particular local traffic problem associated with a planning application, which might otherwise have to be refused on local traffic grounds, for example, where overspill parking might occur from developments with low or nil off-street parking provision; (xi) new and expanded school facilities which should be accompanied by a School Travel Plan which promotes safe cycle and walking routes, restricts parking and car access at and around schools, and includes on-site changing and cycle storage facilities.

3.5.2 These thresholds reflect advice contained in the Addendum to South Wales Parking Guidelines 1993 (September 2001) and PPG 13 (March 2001) and are provided as a guide only. It is recognised that there may be situations where it may be justifiable to apply the thresholds in a flexible way, taking the merits and circumstances of each planning application into consideration. Developers should hold early discussions with the Council in order to clarify whether a Travel Plan is necessary and, if so, to ‘scope’ its requirements.

3.5.3 Advice on the format of Travel Plans has been issued by: (i) the Energy Savings Trust on 0845 6021425 within ‘Travel Plan Resources Pack for Employers’; (ii) Department for Transport website www.dft.gov.uk within ‘Using the planning process to secure travel plans: best practice guidance for local authorities, developers and occupiers’ (July 2002).

Approved by Cardiff Council 14 [22 June] 2006

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3.5.4 Employers providing long stay cycle parking should also consider encouraging staff to start a cycle user group, providing a cycle mileage allowance for business trips and providing office pool bikes.

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APPENDIX A: CAR PARKING GUIDELINES BY LAND USE

1. PARKING GUIDELINES FOR RESIDENTIAL: NEW BUILD, EXTENSIONS & REDEVELOPMENTS

Type of Development Area Residents Visitors (See note 15) Houses & Flats • 1 bedroom Non-Central Area 0.5 - 1 space per unit Up to 1 space per 3 - 5 units • 2 & 3 bedroom Non-Central Area 1 - 2 spaces per unit Up to 1 space per 3 - 5 units • 4 + bedroom Non-Central Area 2- 3 spaces per unit Up to 1 space per 3 - 5 units Elderly persons houses Non-Central Area 0.5 - 1 space per unit Up to 1 space per 3 - 5 and flats (not wardened) units Purpose- built Student Non-Central Area 0 spaces 0 spaces housing (see note 3) Central Area (Areas 1,2,3) Residential* Central Area (Areas Up to 1 space per unit Up to 1 space per 3 - 5 (see note 4) 1,2,3) units * All residential, except purpose-built student housing, changes of use to residential and sheltered accommodation.

Notes on Car Parking Guidelines relating to Residential: New Build, Extensions & Redevelopments 1. The level of parking required for a particular development will be dependent upon the dwelling sizes and types, the general layout and the form of parking provision proposed, e.g. unallocated grouped parking or allocated/curtilage parking and grouped hardstanding or garage courts. 2. For certain developments (e.g. affordable housing) where clear evidence of low car ownership levels has been submitted, a flexible approach to parking guidelines may be applied, taking the merits of each individual application into consideration. The on-site parking requirement for affordable housing may be reduced to one-third of the general standard of provision to reflect the significantly lower level of car ownership generally associated with such development. 3. No non-operational parking is to be provided for students in purpose built student accommodation. However, a minimum of 1 space per 25 beds should be provided for operational parking, to comprise of parking for wardens, maintenance vehicles and the picking up and setting down of students. Appropriate provision should also be provided for use by the disabled. Students will be expected to sign a lease agreement prohibiting car ownership in order to prevent on-street parking in residential areas in the vicinity of the student accommodation. On street parking by students can also be controlled through use of residents parking permits and through decriminalized parking enforcement currently being investigated by the Council (April 2006). Financial contributions to cover parking studies, traffic management measures, and Traffic Regulation Orders in accordance with Section 3.2 will normally be required. Also a Travel Plan will normally be required reaffirming the ‘no car’ rule, and providing information to each student resident about public transport, walking and cycling routes in Cardiff, as well as dealing with the access arrangements at the beginning and end of each term/period of occupancy. 4. Consideration could be given to a reduction of the off-street parking requirement in central areas where a residents parking permit system exists.

Notes on Car Parking Design relating to Residential: New Build, Extensions & Redevelopments 5. Garages should be provided as the most secure option, where possible. They should be located alongside the dwelling so as not to obstruct natural surveillance and should be

Approved by Cardiff Council 16 [22 June] 2006

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overlooked by a window. However, they should not act as scaling aids which provide access to properties. 6. Where garages cannot be accommodated, ‘in curtilage’ parking which maximises available surveillance is preferred. 7. Communal parking needs to be designed with care in order to minimise opportunities for crime. Parking spaces should be close to and overlooked by the owner’s dwelling, and be both designed for and restricted to that group of dwellings. Spaces should be located within a defined perimeter which is capable of preventing the easy removal of a vehicle, deters casual access and does not impede surveillance. Depending on the local crime context, designated parking secured by a lockable bollard, or secured behind lockable gates may be required. Specific advice should be sought from the Police on this issue. Lighting should achieve high levels of uniformity, using whiter light to provide maximum colour recognition. Open featureless spaces should be avoided. Rear boundaries means of enclosure should be of minimal height of 1.8m made of a material and/or designed to offer maximum surveillance. 8. Residential parking spaces should be clearly defined and located where they can be overlooked by the owner. Conflict between neighbours can occur where spaces encroach in front of a neighbouring house. 9. Remote garage blocks should be avoided. 10. Parking courts should include sheltered secure parking facilities for bicycles and motorbikes/ mopeds. 11. Resident parking spaces should be more convenient to use than parking on the carriageway and should generally be within 10m of the dwelling entrance they serve. 12. Satisfactory pedestrian access must be provided between the dwelling units and the parking spaces. 13. Garages should generally have a minimum driveway length of 5.5m (for use when the vehicle is not garaged) and a width of not less than 3.2m. Where garages open directly onto the highway, roller shutter doors are required in the interests of safety for pedestrians and other highway users. 14. Visitor parking spaces should be designed as an integral part of the development in conveniently located places, including on plot spaces, off highway places and where convenient and safety allows- on highway kerbside parking where carriageway widths are 5.5 m or more.

Disabled Parking 15. The needs of disabled people should be taken into account in the design and location of parking.

Approved by Cardiff Council 17 [22 June] 2006

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2. PARKING GUIDELINES FOR RESIDENTIAL: CHANGES OF USE TO RESIDENTIAL (Appendix A cont.)

Type of Development Area Residents Visitors Changes of use to self- contained flats • 1 bedroom Non-Central Area 0.5 - 1 space per unit Up to 1 space per 3 - 5 • 2 & 3 bedroom Non-Central Area 1 - 2 spaces per unit units • 4 + bedroom Non-Central Area 2- 3 spaces per unit Changes of use to self- Central area (Areas Up to 1 space per unit Up to 1 space per 3 - 5 contained flats 1,2,3) units (see note 2) Changes of use to bedsits/ Non-Central Area Up to 1 space per unit Up to 1 space per 3 - 5 units with shared facilities units (see note 2) (incl. hostels) Central Area (Areas Up to 1 space per unit Up to 1 space per 3 - 5 1,2,3) units (see note 2)

Notes on Car Parking Guidelines relating to changes of use to residential developments 1. For certain developments (e.g. hostels) where clear evidence of low car ownership levels has been submitted, a flexible approach to parking guidelines may be applied, taking the merits of each individual application into consideration. The on-site parking requirement for conversion to affordable housing may be reduced to one-third of the general standard of provision to reflect the significantly lower level of car ownership generally associated with such development. 2. If the change of use is for more than six units, visitor parking should be provided on site. Visitor parking for developments of six units or less is only required if space is available. 3. Parking for visitors is normally required within the curtilage, adjacent to the property or in communal lay-bys. However, where the parking requirements can not be met on site, due regard will be given to the merits of the conversion compared to the resultant overspill parking on-street. 4. Communal parking courts should be avoided where possible. If unavoidable the parking spaces should be close to and overlooked by the owners properties or active rooms in neighbouring buildings. The court should accommodate not more than 8 spaces. Depending on the local crime context, designated parking secured by a lockable bollard, or secured behind lockable gates may be required. Specific advice should be sought from the Police on this issue. Larger numbers should be located within a defined perimeter of visually permeable fencing, with restricted and secured access. The space should be in small groups within a broken layout. Parking courts should include sheltered secure parking facilities for bicycles and motorbikes/ mopeds. 5. Remote garage blocks should be avoided. 6. The change of use of single dwelling units to multiple occupation for more than 6 residents (Houses in Multiple Occupation) will be considered on their merits.

Notes on Car Parking Design relating to changes of use to residential developments 7. Satisfactory pedestrian access must be provided between the dwelling units and the parking areas.

Disabled Parking 8. The needs of disabled people should be taken into account in the design and location of parking.

Approved by Cardiff Council 18 [22 June] 2006

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3. PARKING GUIDELINES FOR RESIDENTIAL: SHELTERED AND OTHER ACCOMMODATION (Appendix A cont.)

Type of Development Area Residents Visitors Self-contained old people’s Non-Central Area 1 space per 2 - 4 units plus Up to 1 space per 4 units dwellings 1 space for each resident (See Notes 1 & 4) warden/staff Central Area Up to 1 space per 2 - 4 Up to 1 space per 4 units units plus up to 1 space for each resident warden/staff Homes for elderly, children Non-Central Area 1 space per resident staff Up to 1 space per 4 units etc and Nursing Homes (see Note 2) Central Area Up to 1 space per resident Up to 1 space per 4 units staff

Notes on Car Parking Guidelines relating to Residential: Sheltered and other accommodation 1. A range in the parking guidelines allows for the differing parking requirements of developments depending on the specific type of development proposed and its location. For instance, a private development with units for sale in a suburban/ rural location would require more parking space than an inner city public development for rent. 2. 1 space should also be provided for each 3 non-residential staff, with a minimum of 1 space on site. 3. Where a higher level of visitors is likely, consideration may be given to requiring a higher ratio of visitors to beds.

Notes on Car Parking Design relating to Residential: Sheltered and other accommodation 4. Sufficient operational space should be provided close to the building entrance to enable ambulance access and egress in a forward gear. 5. The overall impact of crime in the local context must be taken into consideration and measures included to reflect the risk.

Disabled Parking 6. The needs of disabled people should be taken into account in the design and location of parking.

Approved by Cardiff Council 19 [22 June] 2006

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4. PARKING GUIDELINES FOR OFFICES (incl. Class B1 Business, Class A2 Financial and Professional Services and call centres) (Appendix A cont.)

Type of Development Area Operational Non-operational Requirements requirements New offices in central area Central Area: City Included in non-operational Maximum of 1 space per Centre Core Area standard. 280 m2 (See note 4) (area 1) Central Area: Bridge Included in non-operational Maximum of 1 space per Area (area 2) standard. 175 m2 (See note 4) Central Area: Included in non-operational Maximum of 1 space per Waterfront Core Area standard. 70 m2 (See note 4) (area 3) New offices in non-central Non-Central Area Included in non-operational Maximum of 1 space per area (up to 1000 m2) standard. 35 m2 New offices in non-central Non-Central Area Included in non-operational Maximum of 1 space per area (over 1000 m2) standard. 40 m2 Redevelopment or Central Area and Included in non-operational As per the standard for new extensions (see note 1) Non-Central Area standard. offices Conversions (see note 2 Central Area and Included in non-operational As per the standard for new and 3) Non-Central Area standard. offices

Notes on Car Parking Guidelines relating to Offices 1. For premises up to a maximum of 200 m2 gross floor space an increase of 20% will be permitted without the need for additional parking. This allowance can only be made once, and any parking displaced must be relocated. 2. For conversions of up to 100 m2, parking will be required up to the maximum capacity of the site. 3. Consideration may be given to a relaxation of the office parking requirement in shopping areas for the change of use at the ground floor of premises from Class A1 (Shops) to Class A2 (Financial and Professional Services). 4. Additional non-operational parking is available in public car parks.

Notes on Car Parking Design relating to Offices 5. The overall impact of crime in the local context must be taken into consideration and measures included to reflect the risk.

Disabled Parking 6. Parking bays designated for disabled people should be provided as follows: • In car parks of up to 200 car spaces, individual bays for each disabled employee plus 2 bays or 5% of total car park capacity, whichever is greater; • In car parks of over 200 spaces, 2% of total capacity plus 6 bays.

Approved by Cardiff Council 20 [22 June] 2006

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5. PARKING GUIDELINES FOR SHOPS, RETAIL WAREHOUSES AND GARAGES (Appendix A cont.)

Type of Development Area Operational Non-operational Requirements requirements Shops & retail warehousing Central Area (Areas Included in non-operational Maximum of 1 space per 1,2,3) standard 400 m2 (See note 2) Shops (up to 200 m2) Non-Central Area Space for 1 commercial Maximum of 1 space per vehicle to unload 60 m2 (employees) &manoeuvre Shops (201 – 1000 m2) Non-Central Area Space for 2 commercial Maximum of 1 space per vehicles to unload & 40 m2 (employees & manoeuvre shoppers) Supermarkets and Non-Central Area Space for a minimum of 3 Maximum of 1 space per superstores- predominantly commercial vehicles 14 m2 (employees & food (over 1000 m2) shoppers) Retail warehousing- non Non- Central Area Space for a minimum of 3 Maximum of 1 space per food (over 1000 m2) commercial vehicles (See 30 m2 (employees and note 3) shoppers) Cash and Carry Non- Central Area Operational requirements Maximum of 1 space per Warehousing (Trade Only) the same as shop of similar 50 m2 size Open Air Markets Non-Central Area 1 space per stall pitch Maximum of 1 space per 30 m2 of gross stall pitch area including pedestrian circulation area (See note 4) Extensions or conversions Central Area (Areas As per standard for new As per standard for new (See note 5) 1,2,3) and Non- shops shops Central Area Garages and Service Non-Central Area One car/lorry space for 2 car/lorry spaces for each Stations (See notes 6 & 7) each car/lorry bay service bay. Plus a minimum of 5 waiting spaces where an automatic car wash is installed. Car Sales Premises (See Non-Central Area Minimum of 1 car Maximum of 1 space per notes 8) transporter to unload and 50 m2 (employees and manoeuvre shoppers) Driving Schools, Private Non-Central Area 1 space per vehicle Maximum of 0 spaces Hire and Vehicle Hire Taxis operated (Licensed)

Notes on car parking guidelines relating to Shops, Retail Warehouses and Garages 1. The non-operational standard assumes a net gross floorspace ratio of 75:25. Variation may be applied at the discretion of the Local Authority when a different ratio is used. 2. Additional non-operational parking will be provided in public car parks or in limited waiting on street areas. 3. The range of trip generation and parking demand at retail warehousing varies to a considerable extent. The parking requirements of the most common types of store can be classified in broad bands. Highest requirement - DIY stores Mid-range requirements- Electrical/gas appliance, flat pack furniture stores Lowest requirement - Assembled furniture/ carpet stores, household and leisure goods stores Although ‘retail parks’ may have shared parking, such developments will still require similar levels of parking to single stores, because of the longer duration of parking. 4. Where existing premises are used for the establishment of a stall type market, the applicant shall identify a location for the provision of visitor parking.

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5. For premises up to a maximum of 200 m2 gross floor space, an increase of 20% will be permitted without the need for additional parking. This allowance can only be made once, and any parking displaced must be relocated. 6. The non-operational standard includes employees parking. 7. Relaxation may be given to the parking requirements at fast service centres e.g. tyres, exhausts, MOT etc. 8. Where car sales premises include external display areas, additional parking space will be required.

Notes on Car Parking Design relating to Shops, Retail Warehouses and Garages 9. The overall impact of crime in the local context must be taken into consideration and measures included to reflect the risk. 10. Lighting should be uniform without creating shadows or pools of darkness. Lamps which have a high colour rendering index and provide a natural appearance should be used in preference to monochromatic lights. Lighting should conform to BS 5489 (part 1) and BS EN 13201 (2003): part 2.

Disabled Parking 11. Parking bays designated for disabled people should be provided as follows: • In car parks of up to 200 car spaces, individual bays for each employee who is a disabled motorist plus 6% of total car park capacity or 3 bays, which ever is greater; • In car parks of over 200 spaces, a minimum of one space for each employee who is a disabled motorist plus 4% of total car park capacity plus 4 bays.

Approved by Cardiff Council 22 [22 June] 2006

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6. PARKING GUIDELINES FOR INDUSTRY AND WAREHOUSING (Appendix A cont.)

Type of Development Area Operational Non-operational Requirements (see notes requirements (see note 2) 1 & 7) Gross Minimum Floor Space (m2) Space (m2) Industry (premises up to Non-Central Area 100 70 Maximum of 1 space per 1000 m2) (see note 3) Central Area- areas 2 250 85 60 m2 & 3 only 500 100 1000 150 Industry (premises over Non-Central Area 1001 150 Maximum of 1 space per 1000 m2) (see note 4) Central Area- areas 2 2000 200 120 m2 & 3 only 2000 10% of GFA Small industrial units up to Non-Central Area Forecourt Servicing Maximum of 1 van space 100 m2 Central Area- areas 2 adjacent plus 1 car space & 3 only communally Small industrial units over Non-Central Area Forecourt Servicing Maximum of 1 van space 100 m2 and up to 200 m2 Central Area- areas 2 adjacent plus 2 car spaces & 3 only communally Industry of a highly Non-Central Area To be decided individually. Requirement likely to lie technical nature Central Area- areas 2 between that for offices and industry. & 3 only Industry Central Area- Area 1 Maximum of 1 space per 0 spaces - See note 6 only 1000 m2 Gross Minimum Floor Space (m2) Space Wholesale Warehousing Non-Central Area 100 70 Maximum of 1 space per premises up to 1000 m2 250 85 100 m2 (see note 5) Central Area- areas 2 500 100 & 3 only 1000 150 Wholesale Warehousing Non-Central Area 1001 150 Maximum of 1 space premises over 1000 m2 2000 200 per140 m2 (see note 5) Central Area- areas 2 above 10% of GFA & 3 only 2000 Warehouses Central Area- area 1 1 space per 1000 m2 0 spaces- See note 6

Notes on Car Parking Guidelines relating to Industry and Warehousing 1. Relaxation permitted for operational space when special servicing arrangements are made. 2. Visitor parking is included in non-operational parking. 3. For premises up to a maximum of 200 m2 gross floor space, an increase of 20% will be permitted without the need for additional parking. This allowance can only be made once and any parking displaced must be relocated. 4. For premises over 1000 m2, the non-operational standard for the first 1000 m2 is identical to that applied to industry with premises up to 1000 m2. For floorspace above 1000 m2, the standard specified for premises over 1000 m2 should be applied. 5. If the premises are to be used as a distribution depot, the non-operational parking should be increased to: For premises up to 1000 m2, a maximum of 1 space per 60 m2 For premises over 1000 m2, a maximum of 1 space per 80 – 100 m2. 6. Non-operational parking will be provided in public car parks or in limited waiting on street areas.

Notes on Car Parking Design relating to Industry and Warehousing 7. Vehicles should be able to enter and leave the site in forward gear. 8. The overall impact of crime in the local context must be taken into consideration and measures included to reflect the risk.

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9. Lighting should be uniform without creating shadows or pools of darkness. Lamps which have a high colour rendering index and provide a natural appearance should be used in preference to monochromatic lights. Lighting should conform to BS 5489 (part 1) and BS EN 13201 (2003): part 2.

Disabled Parking 10. Parking bays designated for disabled people should be provided as follows: • In car parks of up to 200 car spaces, individual bays for each employee who is a disabled motorist plus 2 bays or 5% of total car park capacity, whichever is greater; • In car parks of over 200 spaces, 2% of total capacity plus 6 bays.

Approved by Cardiff Council 24 [22 June] 2006

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7. PLACES OF ENTERTAINMENT AND HOTELS (Appendix A cont.) Type of Development Area Operational Non-operational Requirements requirements Places of entertainment Central Area (Areas Minimum of 1 commercial See Note 1 and hotels 1,2,3) vehicle bay (see note 1) Assembly halls Non-Central Area Minimum of 1 commercial Maximum of 1 space per 8 (commercial) e.g. bingo vehicle bay m2 halls Assembly Halls (social) Non-Central Area Minimum of 1 commercial Maximum of 1 space per e.g. unlicensed clubs, vehicle bay 10 m2 community centres Cinemas and conference Non-Central Area Minimum of 1 commercial Maximum of 1 space per 5 facilities (see note 2) vehicle bay seats Stadia (see note 2) Non-Central Area Minimum of 1 commercial Maximum of 1 space per vehicle bay 15 seats Hotels (see note 3) Non-Central Area Minimum of 1 commercial Maximum of 1 space per vehicle bay guest bedroom, 1 space per staff bedroom, plus 1 space per 3 non-resident staff. Public Houses (see notes Non-Central Area Minimum of 1 commercial Maximum of 1 space for 5 4) vehicle bay m2 of bar floor areas including servery, plus maximum of 1 space per 3 non-resident staff. Licensed clubs Non-Central Area Minimum of 1 commercial Maximum of 1 space per 5 vehicle bay m2 of public area plus maximum of 1 space per 3 non-resident staff. Restaurants Non-Central Area Minimum of 1 commercial Maximum of 1 space per 7 vehicle bay m2 of dining area plus staff parking at maximum of 1 space per 3 non-resident staff Cafes (see note 5) Non-Central Area Minimum of 1 commercial Maximum of 1 space per vehicle bay 14 m2 of dining area plus staff parking at maximum of 1 space per 3 non-resident staff Drive Through Restaurants Non-Central Area Minimum of 1 commercial Maximum of 1 space per (see note 6) vehicle bay 14 m2 of dining area plus staff parking at maximum of 1 space per 3 non-resident staff

Notes on Car Parking Guidelines relating to Entertainment and Hotels 1. Adequate facilities should be made for dropping off and picking up guests within the curtilage of the site. Non-operational parking will be provided in public car parks or in limited waiting on streets. 2. Sufficient coach parking should be provided to the Council’s satisfaction and treated separately from car parking. 3. Facilities for non-residents should be assessed by applying the appropriate category. An allowance should be applied where facilities are to be shared. 4. The parking requirement will be relaxed for public houses built before 1914 to permit redevelopment or extension up to a 20% increase in gross floor area without extra parking being required. 5. The off-street parking for ‘take-away’ premises should be related to staff requirements. 6. Restaurants including drive through facilities for ordering and collecting food by car must have an integral segregated access for this purpose and be provided with a minimum of 6 waiting spaces.

Approved by Cardiff Council 25 [22 June] 2006

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Notes on Car Parking Design relating to Entertainment and Hotels 7. The overall impact of crime in the local context must be taken into consideration and measures included to reflect the risk. 8. Lighting should be uniform without creating shadows or pools of darkness. Lamps which have a high colour rendering index and provide a natural appearance should be used in preference to monochromatic lights. Lighting should conform to BS 5489 (part 1) and BS EN 13201 (2003): part 2.

Disabled Parking 9. Parking bays designated for disabled people should be provided as follows: • In car parks of up to 200 car spaces, individual bays for each employee who is a disabled motorist plus 6% of total capacity or a minimum of 3 spaces, which ever is greater; • In car parks of over 200 spaces, 4% of capacity plus 4 bays.

10. The numbers of designated spaces may need to be greater at hotels and sports stadia that specialize in accommodating groups of disabled people.

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8. COMMUNITY ESTABLISHMENTS (Appendix A cont.) Type of Development Area Operational Non-operational Requirements requirements Community establishments Central Area (Areas Minimum of 1 operational Maximum of 0 space (see note 1,2) 1,2,3) space Community Establishments: Hospitals Non-Central Area Essential vehicles as Maximum of 2 spaces per required bed Health Centre and Non-Central Area 1 space per practitioner Maximum of 1 space per 2 Surgeries (see note 3) ancillary staff and maximum of 5 spaces per practitioner Places of Worship (See Non-Central Area Minimum of 1 commercial Maximum of 1 space per note 4) vehicle space (see note 5) 10 seats or 1 space per 8 m2 floorspace used for praying. Leisure Centres, Sports Non-Central Area Minimum of 1 commercial Maximum of 1 space per 2 Clubs & Fitness Clubs (see vehicle space persons using the facilities note 6) and a maximum of 1 space per 3 spectators, where necessary. Libraries Non-Central Area Minimum of 1 commercial Maximum of 1 space per vehicle space 45 m2

Notes on Car Parking Guidelines relating to Community Establishments 1. Non-operational parking will be provided in public car parks or in limited waiting on street areas. 2. Operational parking for hospitals to be provided as required. 3. Practitioner to include doctor, dentist, nurse, health visitor etc. 4. For other uses within the building (usually community) the relevant parking guidelines should be applied in addition. 5. A relaxation may be applied if it can be shown that the frequency of use will be low or where there is adequate kerbside capacity in the immediate area (usually outside). 6. Consideration should be given to the provision of a coach parking area where appropriate.

Notes on Car Parking Design relating to Community Establishments 7. The overall impact of crime in the local context must be taken into consideration and measures included to reflect the risk.

Disabled Parking 8. Parking bays designated for disabled people should be provided as follows: • In car parks of up to 200 car spaces, individual bays for each employee who is a disabled motorist plus 6% of total capacity or a minimum of 3 spaces, which ever is greater; • In car parks of over 200 spaces, 4% of capacity plus 4 bays.

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9. EDUCATIONAL ESTABLISHMENTS (Appendix A cont.) Type of Development Area Operational Non-operational Requirements requirements Educational establishments Central Area (Areas Minimum of 1 operational See note 1 1,2,3) space Day Nurseries in converted Non-Central Area Included in non-operational Maximum of 1 space per 2 property standard full time staff (see notes 2,3,7) Nursery Schools (New Non-Central Area Minimum of 1 commercial Maximum of 1 space per Build), Infants Schools, vehicle space classroom and a minimum Primary Schools, of 3 spaces for visitors (see Secondary Schools (see note 2) note 4) Colleges of Higher and Non-Central Area Minimum of 1 commercial Maximum of 1 space per Further Education (see vehicle space member of teaching staff. note 5) Maximum of 1 space per 2 ancillary staff. Maximum of 1 space per 20 students and a minimum of 5 spaces for visitors.

Notes on Car Parking Guidelines relating to Educational Establishments 1. Non-operational parking will be provided in public car parks or in limited waiting on street areas. 2. In addition to the non-operational parking an area should be provided for the picking up and setting down of children. In the case of nursery schools in converted properties the availability of adequate kerbside capacity (i.e. unrestricted parking) should be taken account of. Experience has shown that a minimum of 15 car spaces will be required for most other types of schools. Exceptions to this may be specialised (e.g. religious or Welsh) secondary schools with a large catchment area where a reduced number may be adequate, or larger schools in each category where a substantial increase (up to 40) may be desirable. With regard to buses, sufficient off street spaces would be provided for all services that the operator of the new school anticipates running for pupils, with the exception of passing service buses. 3. This should be assessed when the nursery is at full capacity. Where part-time staff are employed they should be aggregated to their full time equivalent. 4. In addition, a maximum of 1 space per 10 pupils over 17 years of age should be provided. 5. The standard for students relates to the total number of students attending an educational establishment, rather than full-time equivalent figures. 6. Definitions of schools for the purposes of these guidelines- Nursery - pre school age groups 3-5 often in converted residential property Infants - formal schools ages 3 to 7 Primary - schools for children in the range 5 or 7 to 11 Secondary - age range 11 to 18

Notes on Car Parking Design relating to Educational Establishments 7. The area should include a facility for vehicles to turn without reversing. In exceptional circumstances a circulation/ turning area remote from pupil circulation areas would be acceptable. 8. Where the school is used for dual social and adult educational purposes, the use of hard playground services for parking is acceptable. 9. The overall impact of crime in the local context must be taken into consideration and measures included to reflect the risk.

Disabled Parking 10. Appropriate provision should be provided for use by the disabled.

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APPENDIX B: Map 1: Central Area and Area 1,2 & 3 Boundaries

OS License – LA09005L

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APPENDIX C: CYCLE PARKING GUIDELINES BY LAND USE

Type of Development Guidelines Shops up to 200 m2 Long Stay (employees): 1 stand per 100 m2 Short Stay (customer): 1 stand per 100 m2 Shops 201- 1000m2 Long Stay (employees): 1 stand per 200 m2 (See note x) Short Stay (customer): 1 stand per 200 m2 Shops over 1000m2 (incl. Cash & Carry) (See note Long Stay (employees): 1 stand per 500 m2 3) Short stay (customer): 1 stand per 250 m2 Public houses, restaurants, cafes, takeaways, drive Long Stay (employees): 1 stand per 5 employees thrus Short Stay (customer): 1 stand per 40 sq m public floorspace Offices (incl financial and professional services) Long Stay (employees): 1 stand per 200 m2 Short Stay (customer/visitor): 1 stand per 1000 m2 Industry Long Stay (employees): 1 stand per 500 m2 Short Stay (customer/visitor): 1 stand per 1000 sq m Warehousing, storage and distribution Long Stay (employees): 1 stand per 1000 m2 Short Stay (customer/visitor): 1 stand per 4000 sq m Hotels Long Stay (employees & visitors): 1 stand per 5 bedrooms Hospitals, nursing homes, residential homes Long Stay (employees): 1 stand per 20 bed spaces Short Stay (visitors): 1 stand per 20 bed spaces High Density Residential, incl flatted accommodation, Long Stay (residents): 1 stand per bedroom maisonettes & multi occupied dwellings Sheltered housing Long Stay (employees): 1 stand per 20 bed spaces Short Stay (visitors): 1 stand per 20 bed spaces Purpose built student accommodation Long Stay (residents): 1 stand per 4 bedrooms Short Stay (visitors): 1 stand per 8 bedrooms Hostels Long Stay (residents & staff): 1 stand per 4 bedrooms Other residential, i.e. terraced, detached and semi- See note 4 detached housing Medical/ health service facilities 1 stand per consulting room (staff & visitors) Creches, day nurseries and day centres 1 stand per 30 children Primary schools Long Stay (staff): 1 stand per 5 staff Long Stay (children): 1 stand per 20 children Short Stay (visitors): 1 stand per 100 children Secondary schools, colleges of further education Long Stay (staff): 1 stand per 5 staff Long Stay (children/students): 1 stand per 6 students Short Stay (visitors): 1 stand per 100 students Museums & art galleries Long Stay (employees): 1 stand per 10 employees Short Stay (visitors) 1 stand per 60 m2 public floorspace Libraries & reading rooms Long Stay (employees): 1 stand per 10 employees Short Stay (visitors): 1 stand per 30 m2 public floorspace Public/ exhibition hall Long Stay (employees): 1 stand per 10 employees Short Stay (visitors): 1 stand per 35 m2 public floorspace Places of worship Long Stay (employees): 1 stand per 10 employees Short Stay (visitors): 1 stand per 50 m2 public floorspace Theatres and cinemas Long Stay (employees): 1 stand per 10 employees Short Stay (visitors): 1 stand per 30 seats Concert halls, bingo halls, casino, dance halls Long Stay (employees): I stand per 10 employees Short Stay (visitors): 1 stand per 40 seats Indoor sports centres, incl pools, skating rinks Long Stay (employees): 1 stand per 10 employees Short Stay (visitors): 1 stand per 10 visitors Outdoor sports centres & recreation centres Long Stay (employees): 1 stand per 10 staff Short Stay (visitors): 1 stand per 30 visitors Railway stations Long Stay: 1 stand per 5m of platform served by trains Bus/ coach stations Long Stay: 1 stand per bus stand Park & Ride Long Stay: 1 stand per 100 car parking spaces Public off-street car parks Long Stay: 1 stand per 20 car parking spaces

Notes on cycle parking guidelines 1. All guidelines apply to both Central Area and Non-Central Areas (see Map attached as Appendix B). 2. All guidelines represent minimum provision.

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3. Shopping malls will be assessed on the basis of the individual unit size.

Notes on Cycle Parking Design 4. All residential dwellings must be accessible by cycles. Detailed guidance on cycle parking layout and design in set out in Appendix D.

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APPENDIX D: Parking Layout and Design

Car Parking Design In the design of car parking (public and private), consideration should be given to highway, vehicle and pedestrian safety, security, visual amenity and access requirements.

Access and circulation arrangements must accommodate the needs of vehicles and pedestrians. Entrances and exits to and from the public highway must not interfere with the safe and free movement of traffic, or present a hazard to road users and pedestrians. In this respect, factors such as sight lines and kerb radii must be satisfactorily addressed. Wherever possible, pedestrian entrances/exits should be separate from those used by vehicles.

Car parks should avoid being large featureless places, should be adequately landscaped and constructed from good quality materials. The main visual objectives in the successful design of car parks are to minimise their intrusive impact on their surroundings, reduce their apparent scale when viewed from within the car park and to minimise opportunities for crime. Surface materials, landscaping and boundary treatments, and planting are important in this respect. Care should be taken to avoid creating hiding places in order to minimise opportunities for crime.

Pedestrian routes through car parks should be kept to a minimum and, where possible, controlled. They should have good surveillance, be wide, safe, direct and, where possible, covered. Car parks should be well lit, sign posted and secure.

Cardiff County Council endorses both the ‘Secured by Design’ (SBD) and ‘Park Mark Safer Parking’ award schemes. The schemes offer a uniform approach to creating safer environments by providing high standards of security and good design. Developers are encouraged to apply for the awards on all relevant applications, and should seek advice from South Wales Police, or visit the website www.securedbydesign.com .

Car parking spaces should have minimum dimensions of 4.8m x 2.4m. In grouped parking areas, the average requirement per car including space for access is 20m2. Set out below are drawings showing alternative ways of arranging 12 spaces, each with different space requirements. Any layout should be capable of utilising and interacting with the existing/ proposed natural surveillance. Occupants of adjacent buildings and passers by should be able see between parked cars in order to help prevent crime.

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ALTERNATIVE WAYS OF ARRANGING 12 SPACES

14.4m

4.8m

6.0m 15.6m

4.8m

90o PARKING

18.6m

5.4m

4.2m 15.0m

5.4m

60o PARKING

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22.1m

5.1m

3.6m 13.8m

5.1m

45o PARKING

29.9m

4.3m

3.7m 12.3m

4.3m

30o PARKING

Additional guidance on the layout and design of car parking provision in relation to specific types of development are provided in Appendix A.

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Disabled Car Parking Design At the time of publication of this SPG, advice on the provision and design of parking for people with disabilities is provided in the following documents, which should be referred to: (i) The Building Regulations Part M 2004 edition. (ii) ‘Approved Document M – Access to and Use of Buildings’, 2004 edition, ODPM; (iii) BS 8300:2001 ‘Design of buildings and their approaches to meet the needs of disabled people - Code of Practice’. The needs of disabled people will need to be considered in the provision of both operational and non-operational parking.

Design of Parking for People with Young Children Parking for people with young children must be: (i) marked with a suitable symbol; (ii) provided at a minimum width of 3.6m, to include a 1.2m access zone between parking bays; (iii) located close to the main accessible entrance to the building.

Design of Operational Parking (Servicing) Vehicles should be able to manoeuvre with ease and to stand for loading and unloading without inconvenience to other users of the site, so as to ensure that: (i) The largest vehicles most likely to serve the development can be accommodated; (ii) where feasible, all service vehicles are accommodated off the public highway, within the curtilage and to the rear of the site; (iii) all service vehicles enter and leave the site in forward gear, with adequate turning facilities within the site; (iv) vehicles should not be expected to reverse over a distance in excess of 12 metres to or from the collection point when loading and unloading; (v) sufficient room is provided for emergency vehicles to enter and leave the site unobstructed, and; (vi) servicing is segregated within the site from any public car parking area.

For additional guidance on access for refuse collection vehicles and refuse collectors, please refer to the Council’s Supplementary Planning Guidance on Waste Collection and Storage Facilities.

Design of Parking for Commercial Vehicles The layout for commercial vehicle parking must take account of the maximum dimensions of commercial vehicles permitted under the Road Traffic Acts. The vehicle bays must be of sufficient size and be located so that the vehicle can be manoeuvred within the site and enter and leave the site in forward gear. For example, a 12m rigid lorry requires an absolute minimum of 105 m2 to allow it to leave a site in forward gear.

Design of Cycle Parking Well placed and designed cycle parking stands will help reduce cycle theft and damage to secured cycles, improve the appearance of an area and reduce obstructions to pedestrians by reducing random cycle parking, and highlight cycling as a alternative mode of transport.

Sheffield-type stands, which provide two cycle parking spaces and allow both the frame and wheels to be secured onto an inverted ‘U’ stand, are considered appropriate for short stay parking for most situations. Alternatives will be considered but must offer at least the equivalent capacity, robustness and degree of protection for users. Residential and long stay cycle parking, which need to be secure and undercover, can be accommodated within

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Cardiff Supplementary Planning Guidance Access, Circulation and Parking Requirements buildings, in cycle sheds or other sheltered structures, and can include cycle lockers or cages.

Cycle parking must be provided in a safe, secure and convenient position, and located close to the intended destinations. Wherever possible, they should be located within the curtilage of the development. Stands should be visible and positioned so they do not obstruct pedestrians or the disabled. They should be clearly signposted and highlighted by defined areas, such as the use of surface changes, colour or texture. In order to maximise security, cycle parking should be prominently places in areas which maximise surveillance. They should be overlooked by passers by, well lit and, where possible, viewed by CCTV or security guards.

Stands should be positioned so that they can be properly used and do not cause a safety hazard. A minimum distance of 1m should be maintained between Sheffield stands to enable access and ease of use. Additionally, Sheffield stands should be at least 0.6m from the kerb line to ensure that parked cycles do not overhang the carriageway, with adequate clearance from walls. Consideration should be given to changing the pavement surface around the stands to identify the area to the visually impaired. Care must be taken when fixing the stands to avoid damage to underground installations. Where cycling stands are to be placed on the adopted highway agreement must first be secured from the Council.

The preferred location of cycle parking can vary, dependent on the nature and location of development, and the length of time people are likely to leave their bikes (i.e. whether the stand is intended for long or short stay parking). The siting of stands in prominent places, within Conservation Areas and within close proximity to Listed Buildings needs careful consideration. It is often better to have several small groups of stands. Where no differentiation is made between short stay or long stay parking, the stands should be located so as to provide for both employees and visitors.

Short stay parking, which provides for the needs of visitors or customers to a building for a few hours, should be located as close to the visitor entrances of a building as possible and, ideally, within 30m. Long stay parking, which provides for the needs of employees and commuters for longer periods, is more appropriately provided within, to the side or rear of a building.

Design of Parking for Powered Two Wheelers Well-placed and designed motorcycle parking will help improve the appearance of an area, reduce obstructions to pedestrians by reducing random parking, reduce theft and damage to secured motorcycles and highlight motorcycling as an alternative mode of transport.

Parking must be provided in a safe, secure and convenient position and, wherever possible, within the curtilage of the development. Parking must be positioned so as not to obstruct pedestrians or the disabled, where it is visible to passers by and where possible, viewed by CCTV or security guards. Motorcycle parking should also be clearly sign posted and well-lit. Sites for motorcycle parking should be well drained, with no, or only a slight, gradient. Non- slip surfaces should be provided, as oil spills can represent a hazard to users.

Informal parking can be reduced by locating designated motorcycle parking as close as possible to the visitor entrances of a building as possible. However, the preferred location will vary depending on the nature and location of development, the length of time people are likely to leave their motorcycles, and the prominence and sensitivity of the location.

Developments making specific provision for motorcycles should incorporate appropriate anti- theft or tampering measures. The availability of secure parking is particularly important in

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Cardiff Supplementary Planning Guidance Access, Circulation and Parking Requirements offices, shopping, and entertainment centres, and public transport interchanges where medium to long-term parking may be anticipated.

There are 2 basic types of anchor points to which motorcycles can be secured to reduce the risk of theft, namely, ground level or raised anchor points. In ground level anchor points, the anchor point remains below the surface, often concealed by a hinged steel plate set flush with the road surface. The plate is raised by the user, allowing a loop to be lifted up and the user’s own lock passed through. If left upstanding or becoming jammed in an upstanding position, ground anchors can constitute a danger. They also require regular maintenance and can be dirty to use.

Raised anchor points constitute a raised horizontal bar at approximately 40 to 60cm. These are normally provided at the edge of the carriageway and also require users to use their own lock. This type can represent a trip hazard or cause an obstruction if installed along the edge of footways. Preferably, they should be integrated with pedestrian railings or protected by other means to safeguard pedestrians, particularly those with impaired vision. Where high density parking is closely associated with pedestrian guard railings, users may need to put their hand through the vertical railings in order to reach the horizontal bar to use their locking cables. In such situations, the width between the vertical bars of the railings should be approximately 160mm. Any anchor points need to be at a suitable height for locking the wheel, as it is often not possible to pass a lock through a motorcycle frame.

Protecting motorcycle parking with bollards or similar restrictions will help ensure that vehicles do not conflict with the parked motorcycles, and that the spaces are not used by other vehicles.

Standard spaces should be 2.5m by 1.5m.

Additional guidance on the design of motorcycle parking is provided in the Department of Transport, Local Government and the Regions’ Traffic Advice Leaflet 2/02.

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APPENDIX E: CONSULTATION ON THE DRAFT SPG

Consultation on this guidance was undertaken between 14th February and 14 March 2006. A Press Notice was placed in the on Tuesday 14 February 2006 and notices and copies of the draft guidance were placed in all Cardiff Libraries. The draft guidance was also published on the Council's website.

Letters notifying that consultation was being undertaken on the draft guidance were sent to Cardiff Councillors, the Welsh Assembly Government, Environment Agency, Countryside Council for Wales, Community Councils in Cardiff and the following who are known to have a general interest in planning in Cardiff, or a potential interest in this guidance.

• APCOA Parking (UK) Ltd • Arriva Trains Wales • Arup • Associated British Ports Cardiff • Association of Train Operating Companies (ATOC) • Atkins • Automobile Association • Baker Associates • Barratt South Wales Ltd • Barton Willmore Planning Partnership • Bebb Travel Plc • Bellway Homes (Wales Division) Ltd • Bovis Homes • Boyer Planning • British Property Federation • British Retail Consortium • Bryant Homes (South West) • Bus Users UK • Cardiff Hackney Carriage Association • Cardiff and Vale Coalition of Disabled Persons • Cardiff Bay Water-Bus • • Cardiff Cats • Cardiff Chamber of Commerce • Cardiff Cycling Campaign • Cardiff Initiative: Transport Subgroup • Cardiff Institute for the Blind • Cardiff International Airport • Cardiff Local Access Forum • CDN Planning • Community Safety Department • Community Transport Association, Wales • Confederation of Passenger Transport, Wales • Cycling Touring Club • Cyclists' Touring Club (South Wales) Right to Ride • David McLean Homes • David Wilson Homes South West • Davies Llewelyn Jones • Development Planning Partnership • Disability Wales

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• Disabled Persons Transport Advisory Committee • DLP Consultants • DTZ Pieda Consulting • Enviros Consultancy • • Friends of the Earth • Friends of the Earth, Cardiff • GL Hearn Planning • Glamorgan Rail Users Federation • Grosvenor Waterside • GVA Grimley • Halcrow • Harmers Ltd • Hepher Dixon *** • Highways Development Control Forum • Hodge & Co Property Holdings Ltd • Home Builders Federation *** • Institute of Logistics and Transport • Institution of Highways and Transportation • John Robinson Planning & Design • Land Securities Properties • Living Streets • Lovell Partnerships • Macob Construction Ltd • Mason Richards Planning • McCarthy and Stone (Western Region) *** • MVM Planning • Nathaniel Lichfield & Partners *** • National Car Parks Ltd • National Express Ltd • National Federation of Builders • Network Rail • Newport Transport Ltd • Passenger Focus • Persimmon Homes (Wales) Ltd • Private Hire Car Association • RAC • Railtrack Plc (Network Rail) • Railway Development Society, Wales • Ramblers Association (Cardiff Group) • Redrow Homes (South Wales) Ltd • RNIB Cymru • Road Haulage Association Ltd, Western District • Robert Turley Associates • RPS Group plc • Scott Wilson Railways Ltd • Sense Cymru, National Deaf, Blind and Rubella Association • Shamrock Travel • South East Wales Transport • South Wales Fire Service • Stagecoach, Red and White Services Ltd. • Steer Davies Gleave

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• Strategic Rail Authority • Stride Treglown Town Planning • Sustrans • Sustrans Routes for People • TBI • Traffic & Operations, South Wales Constabulary • Transport 2000 • Transportation Engineering Group • Ltd. • Vinci (Park) Cardiff Ltd • WDA • Welsh Ambulance Services NHS Trust • Westbury Homes (Holdings) Ltd • White Young Green Planning • Wimpey Homes

Comments specifically or generally relevant to the draft guidance were received from the above consultees indicated ***

• Howard Mellett (Cardiff Business School) • Transport Wales

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APPENDIX F: CONSULTATION RESPONSES

REF2 REPRESENTATIONS COUNCIL RESPONSE 1.4 and Welcomes the approach of the SPG in general terms and the aim to reduce Support acknowledged. 3.11 reliance on the private car.

3.1.4 Fully supports the advice that the guidelines should be applied flexibly, taking Support acknowledged. The suggestion will be incorporated. into account the factors listed in the SPG. Suggests that the sentence which refers to the flexible application of parking guidelines should be in bold print to reinforce this point.

3.1.16 Expresses concern that this paragraph suggests a degree of rigidity in the The advice in paragraph 3.1.4 that the guidelines may be applied application of standards, which appears to conflict with paragraph 3.1.4. flexibly in appropriate circumstances applies equally to residential Suggests that the world 'normal' should be inserted in front of the emboldened parking guidelines and should not be seen to conflict with the words in this paragraph. advice in 3.1.16. However, in order to confirm the application of a flexible approach, in principle, the following sentence will be inserted in para. 3.1.16 in place of the representor’s suggestion, 'As noted above in paragraph 3.1.4, there may be situations where it may be justifiable to apply the parking guidelines flexibly, taking the merits and circumstances of each planning application into account'. 3.1.19- Notes that the general content of the SPG in relation to disabled parking is Support acknowledged. Adequate provision should be made for 3.1.23 supported. It also notes that McCarthy and Stone make the appropriate parking bays designated for disabled people. Such provisions proportion of spaces in its developments suitable for use by disabled residents, should comply with the requirements of Part M of the Building and that such spaces would be located close to the entrance point of the Regulations and the Disability Discrimination Act 1995. development. However, the letter states that ' it is not the company's policy to specifically mark the spaces for this use when the development is constructed, as, based on detailed survey evidence, there are many developments where none of the residents would have a disabled parking permit and so the company would not wish to the spaces vacant, unnecessarily'.

2 Reference to paragraph in Consultation Draft of SPG

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3.1.25- Welcomes the reference to cycle parking. Support acknowledged. 3.1.28

3.2.1 & States that he was 'a little concerned' over the content of para. 3.2.1 on The proposed change will not be accommodated as Circular 13/97 3.2.3 developer's contributions, but pleased to see clarification in para. 3.2.3 that the indicates that it is entirely appropriate to 'take into account' the Planning Obligations Circular would be taken into account. Suggests that the advice contained in the Circular on the proper use of planning Circular should be given greater weight and that wording of the SPG should be obligations. Paragraph B1 of the Circular states that the Circular revised to note that the Circular has to be complied with, and not just be taken 'sets out the policies ... which local planning authorities should also into account. take into account when considering planning applications and drafting development plan policies' (emphasis added). However, in order to support a transparent and consistent approach to developer contributions, the tests set out in Circular 13/97 will be referenced in para. 3.2.3, as follows, ‘In line with the tests set out in Circular 13/97, planning obligations will be sought where they are (i) necessary, (ii) relevant to planning, (iii) directly related to the proposed development, (iv) fairly and reasonably related in scale and kind to the proposed development, and (v) reasonable in all other respects.’ 3.4.1 - Suggests that the application of the stated threshold for 'residential The SPG does not suggest that the thresholds will be strictly 3.4.5 and development of more than 100 units', which is provided as a guide to indicate applied in all circumstances- indeed, it notes that 'these thresholds 3.5.1 - whether transport assessments and travel plans may be required, would be are provided as a guide only' (3.4.3). However, the wording in 3.5.4 unrealistic given that sheltered housing has a lower traffic generation and paras. 3.4.3 and 3.5.2 will be changed to clearly indicate that the overall impact than other forms of residential development. Suggests that the thresholds will be applied flexibly, for the avoidance of doubt. threshold could be expressed to rectify this and gives the following threshold 'These thresholds are provided as a guide only. It is recognised as an example "any residential development of 100 standards dwelling i.e. that there may be situations where it may be justifiable to apply the where the traffic generation might be expected to exceed 800 vehicles thresholds in a flexible way, taking the merits and circumstances of movements per day". each planning application into consideration'. Appx A, Notes that studies carried out for McCarthy and Stone reveal that car It is noted that that the parking guideline for elderly persons houses Table 3 ownership levels in 2 bedroom units is likely to be approx double that of and flats (not wardened) is 0.5 - 1 space per unit (Appendix A, table smaller 1 bedroom units, and that the guidelines, as currently constituted, can 1), and that the guideline for self-contained old people's dwellings is not reflect this. Notes that the overall parking provision would normally be in 1 space per 2 -4 units (Appendix A, table 3). Attention is also the range of 0.25 to 0.5 spaces per unit (1 space per 2 to 4 units), as shown in drawn to 3.1.4 which states that 'there may be situations where it the standards. may be justifiable to apply the parking guidelines..... in a flexible way, taking the merits and circumstances of each planning

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application into consideration'. Given this, no changes are proposed to the guidance.

Appx A, Notes that the reference to "space for each resident warden/staff" is not Greater clarity will be provided by amending the guideline to read 'I Table 3 sufficiently specific. Notes that the company would support the provision of 1 space for each resident warden/staff'. space per resident warden/staff. Appx A, Questions whether the visitor parking guideline is meant to be a maximum or The visitor parking guideline will be amended to read 'up to 1 space Table 3 minimum provision. Notes that for standard residential developments, the 4 beds' for both self-contained old people's dwellings and homes for guidance gives a maximum visitor parking provision and sees no reason why the elderly, children etc and Nursing Homes. sheltered housing should be treated differently. Appx A, Suggests that the use of beds as a basis for visitor parking for sheltered The basis for the guideline for visitor parking for sheltered housing Table 3 housing is inappropriate, noting that he is not aware of any evidence that 2 will be changed from beds to units, as suggested, and the guideline bedroom apartments get more visitors than one bedroom ones. Suggests that changed to 'Up to 1 space per 4 units'. the basis for a standard should be the unit. Appx C Notes that he has no criticism of the cycle parking standards. Support acknowledged.

Notes that he and McCarthy and Stone are in general support of the SPG and Support acknowledged. its provisions. Notes though that they should not be used as 'tablets of stone' and that a degree of flexibility, referred to in para. 3.1.4 is essential and that he trusts the SPG will be used in that way. 3.1.19 - Pleased to see Disabled Bays and the users requirements taken into account. Support acknowledged. No changes are proposed to the guidance 3.1.23 Requests that they are kept in the final draft. relating to disabled parking.

Appx A: 1 Strongly supports the views outlined by Cllr Bridges. Concerns acknowledged. See the response to comments from Cllr Bridges.

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Appx A: 1 Expresses concern over the Council's policy in relation to parking provision for The SPG does not set out a specific guideline for social housing - social housing, noted to be 'one car parking space per 3 dwellings'. Suggests the guideline for general residential development would be applied that car ownership levels in local social housing estates indicate that not in this instance. However, the notes on car parking guidelines enough provision is made for parking for social housing. Also expressed relating to residential new build, extensions and redevelopments concerns about the designation of parking spaces to individual properties. (Appendix A, Table 1) state that 'for certain developments (e.g. affordable housing) where there is evidence of low car ownership levels, a flexible approach to parking guidelines may be applied, taking the merits of each individual application into consideration. The on-site parking requirements for affordable housing may be reduced to one-third of the general standard of provision to reflect the significantly lower level of car ownership generally associated with such development' (note 2). A similar approach is taken with regards applications for changes of use (Appendix A, table 2).

Attention is drawn to the fact that the guidance notes that a flexible approach may be applied and that the parking requirement for affordable housing may be reduced to one third. Moreover, an analysis of 2001 Census (Table SO60) data supports the fact that there is a lower level of car ownership generally associated with affordable housing. Specifically, Council or Social households have 2.9 times less cars on average than Owned or Private Rented households- 0.4 cars per household, compared to 1.1, respectively. Never-the-less, the following changes are proposed to strengthen the provisions of the SPG: • The first sentence of note 2 of Appendix A, Table 1 and Note 1 of Appendix A, Table 2 be amended to read, ‘For certain developments (e.g. affordable housing) where clear evidence of low car ownership levels has been submitted, a flexible approach to parking guidelines may be applied, taking the merits of each individual application into consideration’. • The second sentence of Note 6 of Appendix A, Table 1, and the second sentence of Note 3 Appendix A, Table 2, be amended to read, ‘Depending on the local crime context, designated parking secured by a lockable bollard, or

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secured behind lockable gates may be required. Specific advice should be sought from the Police on this issue’ and transferred to Note 7 and 4, respectively.

Appx A: 1 Notes that there is no parking for students built into recent developments and As noted in paragraph 2.1 of the SPG, Planning Policy Wales that this has led to significant problems in areas where there is a high density (March 2002) notes that 'car parking provision is a major influence of such developments. Notes that students are asked to sign an agreement, on the choice of means of transport' and that 'local authorities which forms part of their lease, prohibiting car ownership and asked not to park should ensure that new developments provide lower levels of within 3 km of their residences. Notes that this is totally ignored by students. parking than have generally been achieved in the past'. Paragraph Also notes that the Police advise that they are unable to enforce this 3.1.1 of the SPG notes that the application of parking guidelines are 'agreement' as the students are not actually breaking the law and that the 'intended to help reduce traffic growth, reduce reliance on the car Council are also powerless. Notes that the management company that run the and encourage the use of alternative means of travel. These halls are the only ones that can enforce it and that they either can not or will objectives are balanced against the need to limit on-street parking not undertake to monitor the situation which has now become intolerable for and, in turn, congestion, danger and visual intrusion'. other residents. The guidance on purpose-built student housing is set out in Appendix A, Table 1, Note 3, as follows: 'No non-operational parking is to be provided for students in purpose built student accommodation. However, a minimum of 1 space per 25 beds should be provided for operational parking, to comprise of parking for wardens, maintenance vehicles and the picking up and setting down of students. Appropriate provision should also be provided for use by the disabled. Students will be expected to sign a lease agreement prohibiting car ownership in order to prevent on-street parking in residential areas in the vicinity of the student accommodation. On street parking by students can also be controlled through use of residents parking permits and through decriminalized parking enforcement currently being investigated by the Council (April 2006)'.

Traffic growth and congestion is Cardiff's no 1 transport problem, that poses serious threats to the economic development of the wider-city region, accessibility to local services and facilities, air

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quality and levels of greenhouse gas emissions, and the punctuality of bus services . It is felt that harm caused by increases in car ownership among Cardiff's growing student population on levels of traffic growth and congestion in Cardiff would outweigh harm caused by potential increases in on-street parking in residential areas that can be controlled, in part, by lease agreements, residents parking permits and decriminalised parking enforcement. In view of the above, the SPG will not be amended to permit non- operational parking for students in purpose built student accommodation. However, provisions relating to enforcement will be strengthened through the following proposed changes: • Note 3 of Appendix A, Table 1 be expanded to include the following sentence ‘Financial contributions to cover parking studies, traffic management measures, and Traffic Regulation Orders in accordance with Section 3.2 will normally be required. Also a Travel Plan will normally be required reaffirming the ‘no car’ rule, and providing information to each student resident about public transport, walking and cycling routes in Cardiff, as well as dealing with the access arrangements at the beginning and end of each term/period of occupancy’. • Para. 3.5.1 (x) be amended to read ‘developments where a Travel Plan would help address a particular local traffic problem associated with a planning application, which might otherwise have to be refused on local traffic grounds. For example, where overspill parking might occur from developments with low or nil off-street parking provision. • Para. 3.2.2 be expanded to include the following sentence, ‘Parking studies, Traffic Regulation Orders and off-site traffic management measures are normally secured via Section 106 agreements’.

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Appx A: 1 Notes that the guidance states that no non-operational parking is to be See response above. provided for students in purpose built housing. Notes that whilst the reasons behind it may be appear sound, the problems caused by the absence of parking facilities are considerable. Feels that the SPG completely ignores reality, in which students have a level of car ownership with associated parking needs. Appx A: 1 Notes that the measure to control car ownership through lease agreements prohibiting car ownership is completely unenforceable. Notes that the police and traffic wardens can not take action when cars are parked in unrestricted bays as no law is being violated. Also notes that the Council is powerless. Appx A: 1 Notes that the only body who can act on the matter is the company running the halls and that they do not want to do anything about the problem. Notes that it is unrealistic to expect such companies to take action when it is not in their interests (either morally or financially) to do so. Suggests that the Council have to accept that the current guidance is unsatisfactory unless the Council wishes to take a tougher line with such companies (which is suggested as something to consider). Appx A: 1 Regarding the use of residents parking permits and decriminalised parking, notes that decriminalised parking enforcement will not make the slightest difference because the laws will be the same. Notes that while Controlled Parking Zones might make it harder for students to find on-street bays in which to park (and, as such, should be welcomed, these will not apply in all areas of the city. Appx A: 1 Notes that he does not understand why the Council has deemed it appropriate to treat planning applications for student halls in a different manner to any other planning application given that car ownership amongst students is similar to that amongst family homes, and that the rationale behind the SPG should be questioned. Suggests that the parking difficulties caused by student halls can not be allowed to continue and that the SPG must be amended to provide some on-site parking to ease the problem even if it can not solve it. Accepts that that might not be an ideal solution, but it is at least one that is grounded in reality, rather than a utopian vision which is unattainable.

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Para. Supports a flexible approach to parking provision for residential developments The guidance set out in paragraph 3.1.4, that the guidelines may be 3.1.4, rather than a standard formula, noting that this has been one of the notable applied flexibly in appropriate circumstances, applies equally to Appx A:1 areas of concern in high density schemes. Notes that this should be reflected residential parking guidelines as it does all others. For the in the parking guidelines for new residential development in Appendix A:1. avoidance of doubt, the following amendment will be inserted at the end of paragraph 3.1.16 to strengthen the flexible approach 'As noted above in paragraph 3.1.4, there may be situations where it may be justifiable to apply the parking guidelines flexibly, taking the merits and circumstances of each planning application into account'. 3.4 Welcomes the definition of thresholds for the provision of transport Support acknowledged. assessments for new development.

3.5.1 Notes that there seems to be no justification for the inclusion of residential It is accepted that travel planning guidance and practice to date has developments within the land uses for which a travel plan would be required. largely focussed on the development of destination travel plans, such as workplace or school travel plans. However, the DfT has published best practice guidance in recognition of the fact that residential travel plans are 'an area of increasing importance'. ('Making Residential Travel Plans Work: Good Practice Guidelines for New Development', prepared for the DfT by Transport 2000 Trust, September 2005.) This guidance notes that 'provision of new sustainable residential developments is a key Government objective and the preparation and implementation of travel plans will be critical to its delivery' (foreward). The guide also notes that 'as with other travel plans, residential travel plans should be a key requirement for any residential development likely to generate significant levels of traffic' (p.7). In view of the above, no changes are proposed to the SPG.

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Appx C Supports the encouragement of the provision of cycle parking. Notes, though, One space per dwelling unit is currently sought for high density that the standard of 1 stand per bedroom for 'high density residential, incl residential developments. Increased provision is being sought flatted accommodation, maisonettes and multi occupied dwellings' appears through this SPG to significantly increase the amount of good excessive, especially in view of the high cost of installation and maintenance. quality parking and so promote more cycle use, as part of an Notes that this should be compared with the standard of 1 per 4 bedrooms for integrated transport strategy to reduce car use and promote purpose-built student accommodation. sustainable and ‘active’ travel. Greater provision is sought in residential developments on the basis that the occupants tend to occupy residential development for a longer period of time and, therefore, will have a more lasting impact on travel behaviour. In view of the above, no changes are proposed to the guidance. 3.1.29 Notes that no reference is made to how secure parking for powered two- The SPG seeks parking provision in all non-residential wheelers is to be accommodated. Suggests that in Central Area locations developments equal to a minimum of 1% and a maximum of 5% of consideration could be given to dedicated spaces within car parks since the number of car parking spaces provided (para. 3.1.29). Given realistically parking on-street is wasteful of space and risky for vehicle owners. that no non-operational car parking is sought in the Central Area, there will very few instances where provision for parking for powered two-wheelers will be sought in the Central Area. In such instances, a flexible approach will be taken, taking the merits and circumstances of each planning application into consideration, in line with the guidance set out in paragraph 3.1.4. In view of the above, no changes are proposed to the SPG. 3.1.29 Notes that while the document addresses a number of matters and generally Attention is drawn to the fact that the guidance states that seems to favour the provision of dedicated parking for motorcyclists, it has 'developers will be expected to provide secure parking for powered missed the opportunity to require the provision of spaces in multi-storey and two wheelers in all non-residential developments’ (3.1.29). This other car parks. statement applies to all developments, including proposals for multi- storey and other car parks. The following statement will be inserted into para. 3.1.29 of the guidance to remove any room for doubt, 'For the avoidance of doubt, the guidelines for powered two wheelers apply to all non-residential developments, including multi storey and other car parks'. 3.1.4, Supports the flexible use of the parking guidelines as the provision of parking Support welcomed. Appx A:1 spaces has proven to be one of the major areas of concerns in high density developments according to a number of studies carried out by CABE.

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3.1 Notes that the Council refers to PPG13 but should also take into account the PPG 13 is solely referred to in the SPG to provide advice on changes in the revised PPS 3, which recommends a more flexible approach to thresholds for the provision of transport assessments and travel parking provision than the one size fits all approach. plans in the absence of any detailed guidance in Planning Policy Wales and TAN 18. It would not be appropriate to refer to draft Planning Policy Statement 3: Housing, published by the OPPM in England, as a basis for changing the approach to parking provision in this SPG, given its draft status and relevance solely to housing. Moreover, it is considered that the approach set out in the guidance in paragraph 3.1.4 is sufficiently flexible in its current form. As such, no changes are proposed to the guidance. 3.1.23 Notes that it is not clear what type of size of developments would need to The SPG notes that further guidance on access statements can be produce an 'access statement'. States that this is additional work that is obtained from the Council via [email protected]. As unnecessary given the application of Part M of the building regulations, in such, no changes are proposed to the guidance. respect of housing. 3.4.2 The HBF objects to the threshold of 100 houses for the submission of a The SPG sets out thresholds for the provision of transport Transport Assessment as it is considered to be too small. A threshold of 100 assessments in the absence of any detailed guidance in TAN 18 or houses is not considered to create a significant transport implication as Planning Policy Wales. (TAN 18 (July 1998) does not provide any required by advice in TAN 18. Notes that in the context of Cardiff 100 is not advice on Transport Assessments, whilst TAN 18, Consultation considered to be major. Draft, March 2001, notes that transport assessments should be submitted for 'major development', in line with Planning Policy Wales advice.) The threshold of residential development of more than 100 units is considered to be a suitable threshold given that they can generate significant levels of traffic. However, it is noted that the SPG states that 'the thresholds are provided as a guide only' (para. 3.4.3). That said, the wording in para. 3.4.3 will be changed to clearly indicate that the thresholds will be applied flexibly, for the avoidance of doubt. 'These thresholds are provided as a guide only. It is recognised that there may be situations where it may be justifiable to apply the thresholds in a flexible way, taking the merits and circumstances of each planning application into consideration'.

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3.5.1 States that 'paragraph 89 of PPG 13 advises that travel plans should only be It is accepted that PPG 13 does not specifically promote the use of submitted for jobs, leisure and services. There is no reference in the section travel plans for residential use. However, since the publication of on Travel Plans for residential use. The reason being that the diversity of PPG 13 in March 2001, the DfT has published best practice journeys and occupiers mean that it would be impossible to produce a guidance on residential travel plans in recognition of the fact that meaningful plan'. residential travel plans are 'an area of increasing importance'. ('Making Residential Travel Plans Work: Good Practice Guidelines for New Development', prepared for the DfT by Transport 2000 Trust, September 2005.) This guidance notes that 'provision of new sustainable residential developments is a key Government objective and the preparation and implementation of travel plans will be critical to its delivery' (foreward). The guide also notes that 'as with other travel plans, residential travel plans should be a key requirement for any residential development likely to generate significant levels of traffic' (p.7). In view of the above, no changes are proposed to the guidance. App A:1, Notes that the reference in note 2 (Appendix A:1) to 'a flexible approach to The advice in paragraph 3.1.4 that the guidelines may be applied 3.1.4 parking guidelines may be applied, taking the merits of each individual flexibly in appropriate circumstances applies equally to residential application into consideration for affordable dwellings' implies that this parking guidelines and should not be seen to conflict with the approach will not be taken in relation to other residential developments. advice in Appendix A:1. For the avoidance of doubt, the following Suggests that if a truly flexible approach is to be taken, as suggested in para. amendment will be inserted at the end of paragraph 3.1.16. 'As 3.1.4, the council should delete the first sentence of note 2. noted above in paragraph 3.1.4, there may be situations where it may be justifiable to apply the parking guidelines flexibly, taking the merits and circumstances of each planning application into account'. Appx C Notes that one cycle stand per bedroom is considered to be prohibitively high One space per dwelling unit is currently sought for high density and is unacceptable. The HBF understands that this will be interpreted flexibly residential developments. Increased provision is being sought but if the starting point is so unreasonable then the guideline will be through this SPG to significantly increase the amount of good meaningless. Notes that when compared with the requirements of student quality cycle parking and so promote more cycle use, as part of an accommodation, the requirements are far higher. Neither are the figures integrated transport strategy to reduce car use and promote comparable with other land uses, for example, if the residents of these houses sustainable and ‘active’ travel. Greater provision is sought in worked at the local college only 1 out of 5 would be able to park their bikes. residential developments on the basis that the occupants tend to occupy residential development for a significantly longer period of time and there fore will have a more lasting impact on travel behaviour. In view of the above, no changes are proposed to the guidance.

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Appx C With regards the cycle guidelines, there is some confusion as to what will be This confusion is acknowledged and the suggested change will be considered to fall into the high density or other residential category. High made. density refers to a ratio yet the descriptions relate to the type of dwellings. Suggest that this may be overcome by referring to i.e. rather than incl as including implies that other types of dwellings may fall into this category. Section Notes that the provision of parking spaces continues to be significant issue, Support welcomed. 3.1 and that sustainable transport and the use of modes other than the private car is recognised. Section A flexible approach to car parking must be applied to ensure the success of The SPG sets out a flexible approach to the application of parking 3.1 & future development is not hampered by insufficient parking provision. guidelines in paragraph 3.1.4. The flexible approach will be Appx A emphasised through the addition of the following sentence to para. 3.1.16, ‘As noted in paragraph 3.1.4, there may be situations where it may be justifiable to apply the parking guidelines flexibly, taking the merits and circumstances of each planning application into account’. 3.1.25-28, The provision of cycle parking within developments is desirable though the The SPG sets out a flexible approach to the application of parking Appx C scale of the provision should be flexible in terms of the site location and type of guidelines, including cycle parking guidelines, in paragraph 3.1.4. development together with their realistic usage. As such, no further changes are proposed. Section In relation to Transport Assessments, notes that the authority must remain This reflects the guidance set out in para. 3.4.5 of the SPG that 3.4 accessible to discuss the TA findings at an early stage of the development in 'developers should hold early discussions with the Council in order order to agree the most appropriate and deliverable mitigation measures for to clarify whether a Transport Assessment is necessary and, if so, any negative impacts. to 'scope' its requirements'. As such, no further changes are proposed. Section Supports the move towards a generally transparent and consistent approach to The following sentence will be added to para 3.2.3, in line with the 3.2 developer contributions. Suggests that the test set out in the circular on suggestion, 'In line with the tests set out in Circular 13/97, planning planning obligations should be referenced within the SPG. obligations will be sought where they are: (i) necessary, (ii) relevant to planning, (iii) directly related to the proposed development, (iv) fairly and reasonably related in scale and kind to the proposed development, and (v) reasonable in all other respects'.

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APPENDIX G: CARDIFF UNITARY DEVELOPMENT PLAN

G1. The Cardiff Unitary Development Plan was placed on deposit in October 2003. Following introduction of the European SEA (Strategic Environmental Assessment) Directive in 2004 and subsequent updated guidance from the WAG on development planning, the Council has sought the agreement of the Assembly to cease preparation of the Cardiff UDP and commence preparation of a Local Development Plan.

G2. Guidance issued by the Welsh Assembly Government in respect of LDPs indicates that where a UDP has been put on deposit it may remain a consideration in development control decisions until such time as an LDP has been placed on deposit. Generally, the weight to be attached to policies in emerging UDPs depends on the stage of plan preparation, the degree of any conflict with adopted plans, and the number and nature of any objections and/or representations in support of policy.

G3. Policy 2.57 (Access, Circulation and Parking Requirements) of the deposited Cardiff UDP states:

Where necessary, safe and convenient provision will be sought in conjunction with development for: a) pedestrians; b) people with special access and mobility requirements; c) cyclists d) powered two-wheelers e) public transport; f) vehicular access and traffic management within the site and its vicinity; g) car parking and servicing; h) coach parking i) horse-riders.

G4. Representations were made at deposit, objecting to the above proposed policy.

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For more information please contact: The Strategic Planning Manager Cardiff Council, CY1 County Hall, Atlantic Wharf, Cardiff CF10 4UW

Email: [email protected]

Appendix 2

Supplementary Planning Guidance

Archaeologically Sensitive Areas

(For Council Approval in June 2006)

Cardiff Supplementary Planning Guidance Archaeologically Sensitive Areas

Contents Page

1. Introduction 1 2. The Policy Context 2 3. The Background 5 4. The Areas 7 5. Implementation 11

Appendix A Cardiff County Council Contacts 12

Appendix B Contacts 13

Appendix C What Archaeological Work May I Be Asked To 14 Commission Appendix D The Cardiff Unitary Development Plan 20 Appendix E Consultation on the Draft SPG 21 Appendix F Consultation Representations and Responses 23

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1. INTRODUCTION

1.1 This draft Supplementary Planning Guidance (SPG) supplements Policy B1 of the South Glamorgan Replacement Structure Plan 1991-2011 (adopted April 1997) and Policies 1 and 2 of the City of Cardiff Local Plan (adopted January 1996) which seek the protection of archaeological heritage and its setting. Areas where there is a concentration of archaeological sites have been defined as Archaeologically Sensitive Areas [ASAs]. However, it should be noted that archaeological sites that could have an impact on planning decisions also exist outside the defined areas. The SPG explains:

• the areas and how they have been identified; • how early consultation and evaluation may assist in an understanding of the archaeological significance of the area when development proposals are submitted for planning permission; • how procedures for consultation and evaluation will be implemented; • what archaeological work may be required; • what conditions may be attached to a planning consent; • how to discharge the archaeological conditions.

1.2 This guidance has been the subject of consultation outlined in Appendix E and Appendix F identifies the main changes made in response to the comments received. It was approved by the Council on [22 June] 2006.

1.3 The Welsh Assembly Government supports the use of SPG to set out detailed guidance on the way in which development plan policies will be applied in particular circumstances or areas. SPG must be consistent with development plan policies and national planning policy guidance and may be taken into account as a material planning consideration in planning decisions.

1.4 The Council placed the Cardiff Unitary Development Plan on deposit in October 2003. However, following introduction of the European SEA (Strategic Environmental Assessment) Directive in May 2005, the Council resolved with the agreement of the Welsh Assembly Government to cease preparation of the Cardiff UDP and commence preparation of a Local Development Plan (LDP). Welsh Assembly Government guidance1 indicates that the deposited UDP may remain a consideration in development control decisions until such time as the LDP is adopted. Appendix C indicates references in the UDP to matters which are the subject of this guidance.

1 Revisions to Draft Local Development Plans Wales (Welsh Assembly Government October 2005, paragraph 7.8)

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2. POLICY CONTEXT

2.1 The protection of ancient monuments and other archaeological remains is required by legislation and the planning policy framework. In Wales, nationally important archaeological sites are currently given statutory protection as scheduled ancient monuments under the Ancient Monuments and Archaeological Areas Act 1979.

2.2 Section 67 of the Ancient Monuments and Archaeological Area Act 1979 defines a monument as being ‘any building, structure or work above or below ground, any cave or excavation, any site comprising the remains of any such building, structure or work, or of any cave or excavation and any site comprising the remains of a vehicle vessel aircraft or movable structure or part thereof’. The Section also defines an ancient monument as ‘a monument which is of public interest by way of any historic architectural traditional artistic or archaeological qualities attached to it’. There are many others of varying importance recorded on the County Sites and Monuments Record [SMR]. The record indicates whether archaeological remains are known or likely to exist on a particular site; the record for Cardiff is held by the Glamorgan Gwent Archaeological Trust [henceforth GGAT Curatorial].

2.3 Cadw, the Welsh Historic Monuments Directorate of the Assembly, undertakes the Assembly’s responsibilities for scheduling and administering the protection of ancient monuments. Responsibility for the care and maintenance of monuments rests with individual owners. Where development proposals are likely to affect the site or setting of a scheduled monument, Cadw must be consulted and its consent obtained.

2.4 However, very many more archaeological sites and their settings which are not scheduled monuments are protected by the planning process with a presumption in favour of preserving in situ nationally important archaeological sites and to ensure that other sites are either preserved on site or fully investigated and “preserved by record”.

Planning Policy Wales

2.5 Planning Policy Wales (2002) states that:

“It is important that the historic environment encompassing archaeology and ancient monuments, listed buildings, conservation areas, and historic parks and gardens and landscapes, is protected’. The Assembly Government’s objectives in this field are to protect archaeological remains which are a finite and non renewable resource, part of the historical and cultural identity of Wales and valuable both for their own sake and for their role in education leisure and the economy particularly tourism.”

Welsh Office Circular 60/96, ‘Planning and the Historic Environment: Archaeology’

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2.7 This Circular provides key supporting guidance on the interpretation and implementation of legislation relating to archaeology. It requires developers to discuss their preliminary plans with planning authorities at an early stage, and to ensure that as part of their research into the development potential of a site an initial appraisal of the site is made to establish whether it is known or likely to contain archaeological remains.

2.8 Para 7 states: ‘Positive planning and management can help bring about sensible solutions to the treatment of sites with archaeological remains and reduce the areas of potential conflict between development and preservation. Whilst Cadw has an important role to play, the key to the future of the great majority of archaeological sites and historic landscapes lies with local authorities acting within the framework set by central government in their various capacities as planning, education, recreational authorities as well as with owners and occupiers of sites themselves. Appropriate planning policies in development plans and their implementation through development control will be especially important.’

City of Cardiff Local Plan

2.9 Para 2.2.10 of the Local Plan states that ‘where remains are known to exist, or where there is a likelihood of remains existing, the City Council will require developers to provide for an archaeological field evaluation to be carried out prior to determination of the planning application. This will enable a determination to be made as to whether an interest exists and if so whether the remains merit protection by merely recording or rescuing’.

2.10 The Local Plan has two policies relating to archaeology:

Policy 1: Ancient Monuments and other Nationally Important Archaeological Remains

There will be a presumption against development which would cause harm to ancient monuments or other nationally important archaeological remains whether scheduled or not, or which would have an adverse impact on their setting.

Policy 2: Locally Important Archaeological Remains

Where locally important archaeological remains are affected by development proposals their preservation on site will be sought wherever possible. Where the significance of such remains is not sufficient to justify their preservation on site or is outweighed by other material planning considerations appropriate statutory arrangements for their excavation and record will be sought by means of agreement or planning conditions.

South Glamorgan (Cardiff Area) Replacement Structure Plan

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Policy B1 of the Replacement Structure Plan states:

The best environmental qualities of the built environment will be protected and enhanced. Particular protection will be given to:

i. Buildings or groups of buildings of architectural or historic interest [including listed buildings and buildings in conservation areas and their settings;

ii. Scheduled Ancient Monuments and sites of archaeological and/or historic interest, and their settings; and

iii. Significant urban open space such as historic gardens, parks and landscapes.

Development which would be incompatible with the special character of a building or areas, or detrimental to its amenity of function will not be favoured.

2.12 Archaeological remains provide important, often irreplaceable, Information about the past. Their investigation and, where appropriate, preservation is important in its own right and can provide an invaluable educational and tourism resource. It is important to preserve and enhance those significant remains that are known to exist and to ensure that remains that may still exist are not destroyed through ignorance of their location and importance. Planning Policy Wales (2002) affirms that the preservation of ancient monuments is a material planning consideration and that where nationally important archaeological remains, whether scheduled or not, and their settings are affected by proposed development, there should be a presumption in favour of their physical preservation’.

2.13 There are 26 Scheduled Ancient Monuments in Cardiff. Responsibility for the care and maintenance of monuments rests with individual owners. Where development proposals are likely to affect the site or setting of a scheduled monument, Cadw must be consulted and its consent obtained.

2.14 GGAT Curatorial is the Council’s archaeological advisors. It provides advice on the care of all archaeological sites in Cardiff. All of its work is carried out to the Welsh Archaeological Trusts' Curator's Code of Conduct. Its officers have considerable experience of the archaeology of Cardiff and also in assisting to design suitable foundations and other engineering solutions for development in archaeologically sensitive areas.

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3. BACKGROUND

The Purpose of Archaeologically Sensitive Areas

3.1 Scheduled ancient monuments represent only a small proportion of the total number of known archaeological sites in Cardiff. There are many others, of varying importance, recorded on the County Sites and Monuments Record (SMR), held by GGAT Curatorial. The SMR indicates whether archaeological remains are known or likely to exist on a particular site. Absence of a reference on the SMR does not necessarily indicate that no archaeological interest exists and GGAT Curatorial will continue to monitor planning applications and update the SMR where appropriate.

3.2 To assist those who are planning development in areas where there is a known archaeological resource or where it is likely that remains may be sensitive to development pressures, GGAT Curatorial have identified four archaeologically sensitive areas in Cardiff:

1. The City Centre; 2. The Wentloog Levels; 3. /Michaelstone-super-Ely; 4. .

3.3 These areas are identified below, and described in Appendix A of this SPG. They represent the most likely areas where the effect of development on the archaeological resource may be an issue during the determination of a planning application. However other archaeological sites are present outside the demarcated areas and this designation should not be interpreted to mean that archaeological features outside the ASAs are of any less importance than those inside. This SPG provides further information on the extent, justification and implications of these areas.

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3.4 The designation of an ASA is not intended to introduce new policies or restrictions to development but to indicate to potential developers areas where it is likely that the effect of the development on the archaeological resource may become an issue during the determination of a planning application. Identification enables the LPA and its advisor, GGAT Curatorial, to identify the information needed to establish the importance of the archaeological resource and the effect of the proposed development. This course of action follows advice within WO Circular 60/96. The areas do not identify the only areas where archaeology will be a factor in the determination planning applications but show the most likely areas where this will occur. Definition of the areas will facilitate early discussions with developers to prepare for an examination of the archaeological resource within the preparation of development proposals.

Defining archaeologically sensitive areas

3.5 The local designation of ASAs in Cardiff follows similar designations in Monmouthshire and Newport. The ASAs have been designated following appraisal by GGAT Curatorial to clearly define the most likely areas in which archaeology may become a component in the determination of planning applications and give potential developers early indications of such factors. Their boundaries have been located in the main along modern features and they should not be taken as an absolute edge of the archaeological sites which could extend further.

3.6 It is impossible to determine in a document of this type which developments will have an impact on the archaeological resource. It is strongly recommended that at an early stage prospective developers discuss their proposals with GGAT Curatorial to ascertain whether or not their development is likely to have an impact on the archaeological resource.

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4. THE AREAS: DEVELOPMENTS TO WHICH THE GUIDANCE APPLIES

The City Centre

4.1 was built on the site of a series of four Roman forts. The plan of the castle follows that of the last fort (built in the mid-third century AD). However, the first fort (built circa AD 55) covered a much larger area to the north and east. Civilian settlement has also been discovered to the north and south of the fort and it is assumed that cemeteries will also be present in these areas.

4.2 The Norman castle was probably built circa AD 1081 and followed the plan of the last Roman fort. The medieval settlement was established to the south of the castle and was defended by walls. The western boundary of the town was formed by the , the course of which, at this time, followed the line of modern Westgate Street, whilst the line of the eastern defences ran on a line later used by the Glamorgan Canal. An extra-mural suburb called Crockherbtown is known to have extended eastwards along the line of later Queens Street. To the east and west of the castle, but outside the walls of the town, the priories of the Dominican Friars (Blackfriars) and Franciscan Friars (Greyfriars) were established in the 13th century.

4.3 Apart from the suburb of Crockherbtown the medieval and post-medieval town stayed inside the curtilage of the town walls until major expansion occurred in the 19th century following the development of the docks as the main port for the export of Welsh coal. A significant change to the topography of the town was the diversion of the River Taff and the construction of the Glamorgan Canal and later the railways linking the docks to the coalfield.

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Llandaff

4.4 Llandaff is positioned at what was originally the lowest fordable crossing point of the River Taff. Consequently it could be the site of settlement of all periods; however the first recorded settlement was founded by St. Teilo in the 6th century AD. He established a “clas” (monastery) on the site of the later cathedral and the importance of this religious settlement is demonstrated by the construction of the cathedral by the on this site rather than in their new town at Cardiff.

4.5 The cathedral dominated the medieval settlement with its bishops and other ecclesiastical officers constructing substantial stone buildings for their accommodation (some of which was fortified such as the Bishop’s Castle and Archdeacon’s Castle. However a considerable secular community also appears to have existed outside the cathedral precinct.

4.6 The reformation saw much of the land that had previously supported the religious community at Llandaff sold off and the lack of revenue led to the cathedral falling into disrepair and many of the associated buildings abandoned. However, in the 18th century new prosperity led to the rebuilding of the cathedral and the construction of new buildings such as the Deanery, Llandaff Court and Llandaff House being built. In the 19th century, Llandaff became a fashionable area for the entrepreneurs of Cardiff to live and large houses such as Ely Court and Rookwood were built on the outskirts.

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St. Fagans

4.7 St. Fagans and Michaelston-Super-Ely were two separate medieval villages. St. Fagans was closely linked with the medieval castle and later post-medieval mansion of St. Fagans Castle and its associated park. These links ensured that the settlement although relatively small, continued to prosper in the post- medieval period. Michaelston-Super-Ely is an example of a medieval village that became less important and slowly reduced in size. The settlement appears to have been of some size in the medieval period but when the 18th century estate maps were drawn they show that a number of buildings were in ruins and parts of the settlement had clearly been abandoned.

4.8 The ASA includes both villages, the park and garden of St. Fagans Castle and also the Civil War battle site of St. Fagans.

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Wentloog Levels

4.9 This ASA is paralleled with similar local designations in both Newport and Monmouthshire. The Gwent Levels extend from Chepstow to Cardiff and are a reclaimed marshland that has been exploited by humans for at least 6000 years. At times the area has been relatively dry and was settled, whilst in other periods it was inundated by the sea and the former settlement sites were covered by alluvial deposits. There is therefore a series of historic landscapes in this area, of which only the latest can currently be observed. The archaeological sites located in the area are normally waterlogged, which leads to the exceptional preservation of organic material including timber and leather. Consequently when sites are located they often meet the criteria for being assessed as nationally important.

4.10 The current landscape, which may include Roman elements, is a Registered Historic Landscape. The boundary of the ASA is larger than the Registered Landscape as it includes the solid geology, immediately to the north of the alluviated area, where recent research has discovered a number of settlement sites, presumably positioned to exploit the Levels area. It also includes areas in which the current landscape has been radically altered in modern times, but where archaeological features may still exist.

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5. IMPLEMENTATION

5.1 The designation of ASAs will lead to a speedier processing of planning applications through referral of applications to the Trust on receipt. Any archaeological implications can be identified early within the assessment of the planning application.

5.2 Where remains are known to exist, or where there is known to be a likelihood of remains existing, developers will be required to provide further information on the resource and the impact of their proposed development on it prior to determination of a planning application. To gather this additional information may require the applicant to commission an archaeologist to prepare an archaeological assessment of the site and/or to carry out an archaeological evaluation of the area (see appendix D for more details). This will assist in the determination of whether an interest exists and, if so, whether the remains merit preservation “in situ” or “by record” (excavation) prior to development.

5.3 Wherever possible, the preservation of important archaeological remains in situ will be sought. This will depend on the merits of the case, taking account of the importance of the remains and other material considerations. In exceptional circumstances, this may mean that development is inappropriate on a site. Elsewhere, detailed proposals may need to pay regard to the findings of the evaluation and mitigate the effects of development. Where the remains or their setting are not deemed to be of such importance for the planning application to be refused, developers may be required to provide for the remains to be excavated and/or recorded prior to development commencing. The implementation of the archaeological works in such cases will be secured either by condition or by a legal agreement.

5.4 The Council will continue to work with Cadw on matters affecting the condition and treatment of Scheduled Ancient Monuments and will encourage owners to keep them in good order. It will continue to maintain those monuments that are in its ownership and, where possible, will allow public access to them.

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APPENDIX A: CARDIFF COUNTY COUNCIL CONTACTS

Enquiries

If you have general enquiries regarding this document or policies relating to the built heritage of Cardiff, please contact:

Regeneration Group Strategic Planning Cardiff County Council County Hall Atlantic Wharf CARDIFF CF10 4UW

Tel: (029) 2087 3485 Fax: (029) 2087 3466

Potential developers are encouraged in the first instance to contact the Development Control Group Leader for the area in which their site lies. Please contact Planning Reception, Regulatory Services, City Hall on (029) 2087 1135 or view the following web site address for contact names and numbers and development control area boundaries; http://www.cardiff.gov.uk/regulatory/DevControl/Dev_Con_New/New%20pages/Area s%20Map.htm

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APPENDIX B: CONTACTS

The Development Control Section, Glamorgan-Gwent Archaeological Trust Ltd. Heathfield House, Heathfield SA1 6EL Tel: 01792 655208 e-mail: [email protected] web site www.ggat.org.uk

Institute of Field Archaeologists, SHES, University of Reading, Whiteknights, PO Box 227, Reading RG6 6AB Tel: 0118 378 6446 http://www.archaeologists.net)

CADW, Plas Carew, Unit 5/7 Cefn Coed, Parc Nantgarw, Cardiff. CF15 7QQ. Tel: 01443 336000. Fax: 01443 336001. E-mail: [email protected]. http://www.cadw.wales.gov.uk

REFERENCES/BIBLIOGRAPHY.

Ancient Monuments and Archaeological Areas Act 1979 Planning Policy Wales (2002) Welsh Office Circular 60/96 Planning and the Historic Environment: Archaeology Archaeology and your Planning Application Cadw 2003

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APPENDIX C

HOW DO I FIND AN ARCHAEOLOGIST?

Archaeological remains are fragile and investigation even by trained professionals can lead to damage. It is essential that any archaeological work carried out as part of the planning process is undertaken by qualified personnel and normally these archaeologists will be members of the Institute of Field Archaeologists. There are numerous archaeological organisations in the who are experienced in undertaking work in the planning process. As in many professions the service that individual archaeological organisations can provide will differ depending on their size and experience. A List of Registered Archaeological Organisations and a directory of archaeologists who are members of the Institute of Field Archaeologists is available from the Institute (http://www.archaeologists.net) however a list of archaeologists who have stated that they are available for work in Wales is available from GGAT Curatorial (www.ggat.org.uk).

WHAT ARCHAEOLOGICAL WORK MAY I BE ASKED TO COMMISSION The Institute of Field Archaeologists (IFA) is the professional organisation for archaeologists. It issues Standards and Guidance for all types of archaeological work and these should be followed by anybody undertaking archaeological work in Cardiff. However, more detailed requirements may be needed to ensure that any work commissioned provides sufficient information for the impact of the development on the archaeological resource to be determined. It is therefore strongly recommended that applicants should request GGAT Curatorial to set a brief for any archaeological work required prior to the granting of planning consent.

Professional standards for archaeological works are constantly under review. The following paragraphs will provide the reader with an outline of archaeological work however more detailed advice stating the current appropriate documentation and standards is available on the GGAT Curatorial web site.

WORKS PRIOR TO DETERMINATION OF PLANNING APPLICATION

DESK BASED ASSESSMENT

The purpose of desk-based assessments is to gain information about the known or potential archaeological resource within a given area or site (including the presence or absence, character and extent, date, integrity, state of preservation and relative quality of the potential archaeological resource), in order to make an assessment of its merit in context, leading to one or more of the following:

• the formulation of a strategy to ensure the recording, preservation or management of the resource; • the formulation of a strategy for further investigation, whether or not intrusive, where the character and value of the resource is not sufficiently defined to permit a mitigation strategy or other response to be devised.

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A desk-based assessment will normally require a professional archaeologist to obtain information from the Sites and Monuments Record to supplement this information by searching for information at the Glamorgan Record Office, local libraries, and possibly the National Library of Wales. The information available from these sources will include historic documents, such as manorial records, historic parish surveys, leases and wills as well as cartographic material such as estate plans, tithe maps and Ordnance Survey plans. Information derived from previous archaeological investigations and historical overviews will also be gather as well as analysis of information gained from aerial photographs and engineering records. The archaeologist will also need to visit the area so that any upstanding earthworks or other visible indications of archaeological features can be identified and also to obtain a clear understanding of the topography of the site. Once all of the available information on the archaeological resource in the proposed development area has been collated the archaeologist maybe able to determine the importance of the archaeological sites and the affect of the proposed develop on it. However, in some cases this will not be possible, as sufficient information on the archaeological sites does not exist. In this instance the archaeologist will recommend what further type of investigation will be required so that the determination can be made.

FIELD EVALUATIONS

The purpose of field evaluation is to gain information about the archaeological resource within a given area or site including its presence or absence, character, extent, date, integrity, state of preservation and quality and may involve a variety of investigative techniques, including field walking, trial trenching and geophysical survey in order to make an assessment of its merit in the appropriate context, leading to one or more of the following: • the formulation of a strategy to ensure the recording, preservation or management of the resource; • the formulation of a strategy to initiate a threat to the archaeological resource; • the formulation of a proposal for further archaeological investigation within a programme of research.

A field evaluation is normally a more intense operation than a desk-based assessment. The work should be undertaken to a brief provided by GGAT Curatorial and should not take place until a detailed specification prepared by the archaeological contractor undertaking the work has been approved by GGAT Curatorial. The brief will outline the required works and these may include one or more of the following: earthwork survey, geophysical survey, field walking and trial excavation. The first three of these operations are most likely to be carried out in advance of the trial excavation in order to determine the exact location of the trial areas that will be investigated.

Earthwork Survey

In areas of agricultural land that have not been subjected to intensive ploughing archaeological remains may survive as earthworks. Surveying will normally involve qualified archaeologists using electronic survey equipment to record the earthworks, and from these results detailed plans will be produced.

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Geophysical Survey

Indications of human activity can be detected using scientific equipment. Geological conditions have a major impact on the quality of the results from such surveys and the type to be used will only be determined after appropriate on-site tests have been undertaken. Therefore such work needs to be undertaken by specialist personnel and the type of equipment and technique to be used should be approved by GGAT Curatorial prior to the commencement of any survey.

The main geophysical survey types are:

Magnetic Susceptibility; Magnetometer Surveys; Earth Resistance Surveys; Caesium Vapour Gradiometers; Ground Penetrating Radar; Pseudosection and Timeslices; and Electromagnetic Prospection

Field Walking

When a field has been recently ploughed artefacts can be recovered from the surface. Archaeological field walking requires a systematic search of the surface with location of all artefacts being recorded and plotted prior to their collection. Metal detectors can also be used during this work with all such finds being plotted in three dimensions.

Trial Excavation

A trial excavation is a physical intervention into the archaeological resource as such it is an operation that causes damage to that resource and should not be undertaken without the explicit approval of GGAT Curatorial. It normally consists of a number of archaeological areas being excavated by mechanical excavator (sometimes all of the area will need to be hand excavated, especially if access to the site is limited) to the uppermost archaeological horizon, which is then cleaned and features sampled in order to determine the date, type, character and extent of the site. Samples of palaeoenvironmental material may also be taken for analysis. It is becoming common for the work to be undertaken in two phases an initial recognisance followed by more specific investigation in particular seeking to delineate the extent of the archaeological site. It is normal practice for GGAT Curatorial to carry out a monitoring inspection during a trial excavation in order to ensure that any alterations to the approved specification are agreed, to provide local knowledge to the archaeological contractor, to discuss the results of the work and to ensure that the work is to the agreed standard. A report on this inspection will normally be made to the Council with copies being sent to the applicant and the archaeological contractor.

All of the on-site works undertaken as part of the field evaluation will be followed by a phase of analysis and the production of a report on the work. This report will need to be submitted to the Council before any determination of the planning application will be made.

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WHAT HAPPENS IF AN ARCHAEOLOGICAL SITE IS FOUND IN MY DEVELOPMENT AREA? It is the intention of the Council to preserve archaeological sites ideally in-situ. Therefore if an archaeological site is discovered in an application area the impact of the development upon it will be a material consideration in the planning process. If the archaeological site is of sufficient importance and the proposed development is determined to have a significant impact, then planning consent could be refused. However, this rarely happens, as there are a number of methods of designing developments that will preserve archaeological sites. In larger developments it is usual for public open space to be required and these can be designed to coincide with the archaeological features. If there are no upstanding earthworks it may be possible to position lightweight features, such as car parks on top of the archaeological site and it may even be possible to construct lightweight rafted foundations in the soil covering the archaeological features. It is therefore likely that the applicant will be requested to provide more details on measures that are proposed to be used in order to protect the archaeological resource and reduce the impact of the development on it prior to the final determination of the application.

WHAT CONDITIONS MAY BE ATTACHED TO THE PLANNING CONSENT If planning consent is granted for development in an area where archaeological features are known to exist it is likely that conditions will be attached to the consent in order to ensure that the archaeological resource is protected or properly investigated. There are currently two standard conditions that are attached to planning consents in Cardiff:

Programmes of Archaeological Investigation

“No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority. On completion of the archaeological site work and any post-excavation analysis a report on the investigation will be submitted to the local planning authority for approval.”

This condition can cover many different types of archaeological work, from a watching brief to full excavation. In normal circumstances GGAT Curatorial will outline the programme of investigation that they envisage being carried out in their letter recommending that the condition is attached to the planning consent. In general the applicant should engage an archaeologist to inspect their proposed development plans and devise a suitable programme of investigation. GGAT Curatorial will not prepare the programme of investigation but are willing to discuss its contents with the appointed archaeologist in order to ensure that a suitable programme is proposed. In some case this programme could consist of a watching brief but also outline contingency arrangements in case complex archaeology is discovered.

Watching briefs

“The developer shall ensure that a suitably qualified archaeologist is present during the undertaking of any ground works in the development area, so that an

Approved by Cardiff Council 17 [22 June] 2006 Cardiff Supplementary Planning Guidance Archaeologically Sensitive Areas archaeological watching brief can be conducted. The archaeological watching brief will be undertaken to the standards laid down by the Institute of Field Archaeologists. The Local Planning Authority will be informed in writing, at least two weeks prior to the commencement of the development, of the name of the said archaeologist. A copy of the watching brief report shall be submitted to the Local Planning Authority within two months of the fieldwork being completed by the archaeologist.”

This condition requires the developer to engage a qualified archaeologist (see appendix B above for details of how to find an archaeologist) to carry out a watching brief. A watching brief requires an archaeologist to be present during the ground works required for the construction of the development, normally the excavation of foundation and service trenches. The archaeologist observes the excavations work and if archaeological features are revealed will quickly investigate and record them. In normal circumstances this intervention will be rapid and will lead to only small delays to the building programme. In the rare event that complex archaeological features requiring more time and resources than are covered by the terms of the watching brief are revealed then the watching archaeologists will inform the LPA and GGAT Curatorial in order to determine any additional requirements. The IFA produce detailed Standards and Guidance for Archaeological Watching Briefs and these should be followed by any archaeologist undertaking such work.

HOW DO I DISCHARGE THE PLANNING CONDITIONS?

A condition requiring a watching brief to be undertaken is partly met when the applicant informs the Council of the name of their appointed archaeologist. It is fully discharged once the watching brief has been carried out and a report on the work is submitted.

Discharging a condition requiring a programme of archaeological investigation is more complex. In the first instance the programme of archaeological work designed by the applicant’s archaeologist needs to be submitted to the Council. Once this has been approved the on-site works outlined in the document will need to be undertaken. On completion of these works, either a final report can be produced or, in the case of excavations, a post-excavation assessment will be produced. In the latter case the works outlined in the assessment will need to be undertaken and then the final report produced. This process can take some time and it is recommended that the applicant should submit information at the end of each of the above stages to the Council (and through them GGAT Curatorial) in order for a partial discharge of condition notice to be issued. Only when the final report is submitted and if deemed necessary the publication of the results in a suitable medium has been agreed will full discharge be possible.

REPORTS AND PUBLIC PARTICIPATION One of the principal aims of the Council is that the results of any archaeological work in the county are made available to the public. In many cases the results will be minor and the information will be provided in a short report to the council as part of the planning process. Another copy of this report should be sent to the Sites and Monuments Record for inclusion in that archive. The inclusion of a report in the SMR

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When larger works with more significant results are undertaken the Council expects that the applicants will provide more information to the public during the works. The provision of information will depend on the work being undertaken and other restrictions such as health and safety; however, it is likely that they will include regular press releases, the provision of information boards and ideally limited site access or viewing points.

Where large scale works with significant results are carried out it is expected that as well as the report for the SMR and the précis for Archaeology in Wales that a detailed report is prepared for inclusion in an academic journal such as Archaeologia Cambrensis, Studia Celtica, Morgannwg or as a stand alone monograph. The requirement for such a report will be either identified prior to the site work commencing or on its completion. The costs of the publication of these reports will need to be met by the developer.

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APPENDIX D: THE CARDIFF UNITARY DEVELOPMENT PLAN

The Cardiff Unitary Development Plan was placed on deposit in October 2003. Following introduction of the European SEA (Strategic Environmental Assessment) Directive in 2004 and subsequent up-dated guidance from the Welsh Assembly Government on development planning, the Council has sought the agreement of the Assembly to cease preparation of the Cardiff UDP and commence preparation of a Local Development Plan (LDP).

Guidance issued by the Welsh Assembly Government in respect of LDPs indicates that where a UDP has been put on deposit it may remain a consideration in development control decisions until such time as an LDP has been placed on deposit. Generally, the weight to be attached to policies in emerging UDPs depends on the stage of plan preparation, the degree of any conflict with adopted plans, and the number and nature of any objections and/or representations in support of the policy.

The Council’s deposited Unitary Development Plan (2001-2016) contains a specific policy relating to ancient monuments and archaeological remains

POLICY 2.50: ANCIENT MONUMENTS AND OTHER ARCHAEOLOGICAL REMAINS Development will not be permitted that would harm an ancient monument or other nationally important archaeological remains, whether scheduled or not, or unacceptably harm the setting of such a monument or remains. Where development would affect locally important archaeological remains, satisfactory arrangements will be sought for their preservation on site wherever possible, or for their excavation and recording.

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APPENDIX E: CONSULTATION ON DRAFT SPG

Consultation on this guidance was undertaken between 14th February and 14 March 2006. A Press Notice was placed in the South Wales Echo on Tuesday 14 February 2006 and notices and copies of the draft guidance were placed in all Cardiff Libraries. The draft guidance was also published on the Council's website.

Letters notifying that consultation was being undertaken on the draft guidance were sent to Cardiff Councillors, the Welsh Assembly Government, Environment Agency, Countryside Council for Wales, Community Councils in Cardiff and the following who are known to have a general interest in planning in Cardiff, or a potential interest in this guidance.

• Arup • Atkins • Baker Associates • Barton Willmore Planning Partnership • Boyer Planning • Campaign for the Protection of Rural Wales • CDN Planning • Council for British Archaeology • Development Planning Partnership • DLP Consultants • DTZ Pieda Consulting • Enviros Consultancy • GL Hearn Planning • GVA Grimley • Halcrow • Harmers Ltd • Hepher Dixon • Home Builders Federation • Institute of Field Archaeologists *** • John Robinson Planning & Design • Lovell Partnership • Mason Richards Planning • MVM Planning • Nathaniel Lichfield & Partners*** • National Museums & Galleries of Wales • Robert Turley Associates • Royal Commision on the Ancient & Historic Monuments of Wales • RPS Group plc • Stride Treglown Town Planning • The Civic Trust for Wales • The Council of Museums in Wales • The Garden History Society • The Georgian Group • The Society for the Protection of Ancient Buildings • The Twentieth Century Society

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• The Victorian Society • Welsh Historic Gardens Trust • White Young Green Planning

Comments specifically or generally relevant to the draft guidance were received from the above consultees indicated ***

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APPENDIX F: CONSULTATION REPRESENTATIONS AND RESPONSES

REF2 REPRESENTATIONS COUNCIL RESPONSE Appendix Add additional information on the Institute of Field Amend paragraph to read “Archaeological remains are fragile and C Archaeologists list of ‘Registered Archaeological investigation even by trained professionals can lead to damage. It is Organisations’ essential that any archaeological work carried out as part of the planning process is undertaken by qualified personnel and normally these archaeologists will be members of the Institute of Field Archaeologists. There are numerous archaeological organisations in the United Kingdom who are experienced in undertaking work in the planning process. As in many professions the service that individual archaeological organisations can provide will differ depending on their size and experience. A List of Registered Archaeological Organisations and a directory of archaeologists who are members of the Institute of Field Archaeologists is available from the Institute (http://www.archaeologists.net) however a list of archaeologists who have stated that they are available for work in Wales is available from GGAT Curatorial (www.ggat.org.uk)”.

General Support the designation of ASAs as a means of Noted speeding up processing of applications

2 Reference to paragraph in Consultation Draft of SPG

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For more information please contact: The Strategic Planning Manager Cardiff Council, CY1 County Hall, Atlantic Wharf, Cardiff CF10 4UW

Email: [email protected]

Appendix 3 (Part 1)

Supplementary Planning Guidance

Biodiversity Part 1: Policy Guidance

(For Council Approval in June 2006) Cardiff Supplementary Planning Guidance Biodiversity (Part1)

CONTENTS

Page

PART 1

1.1 Introduction 3

1.2 Policy Context 4

1.3 Assessing the Impact of Development Proposals 5

1.4 Designated Sites 9

1.5 Protected Species 12

1.6 Local Biodiversity Action Plans and Priorities 17

Appendices to Part 1

1.A National Legislation 20 1.B Development Plan Policies 22 1.C Cardiff Unitary Development Plan 24 1.D Standard Conditions 25 1.E Environmental Impact Assessment (EIA) 26 1.F Index of Abbreviations 31 1.G Consultation on Draft SPG 32 1.H Consultation Representations and Responses 35

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1.1 INTRODUCTION

1.1.1 This draft Supplementary Planning Guidance (SPG) relates to policies concerning biodiversity in existing development plans for Cardiff: It applies to all categories of development for which planning permission is required and includes comprehensive guidance on matters relating to biodiversity.

1.1.2 This SPG outlines: • In Part 1 - how the Council will implement development plan policies relating to biodiversity, including how it will assess planning applications which could have an impact on biodiversity interests, the information applicants will need to provide to enable this, and the legislative framework within which the Council must operate. • In Part 2 - the biodiversity/nature conservation1 resource of Cardiff, including designated sites and biodiversity priorities.

1.1.3 The guidance has been the subject of consultation as outlined in Appendix 1.G and Appendix 1.H identifies the main changes made in response to the comments received. It was approved by the Council on [22 June] 2006. This SPG supersedes the Cardiff Nature Conservation Strategy approved by the former Cardiff City Council in December 1995 (including the Pentyrch Addendum approved in January 1998). It is envisaged that Part 2 will be updated as necessary, to reflect any changes in international and national nature conservation designations, regular reviews of local designations and/or changes to national and local biodiversity priorities and action plans.

1.1.4 The Welsh Assembly Government supports the use of SPG to set out detailed guidance on the way in which development plan policies will be applied in particular circumstances or areas. SPG must be consistent with development plan policies and national planning policy guidance and may be taken into account as a material planning consideration in planning decisions.

1.1.5 The Council placed the Cardiff Unitary Development Plan on deposit in October 2003. However, following introduction of the European SEA (Strategic Environmental Assessment) Directive, in May 2005 the Council resolved, with the agreement of Welsh Assembly Government, to cease preparation of the Cardiff UDP and commence preparation of a Local Development Plan (LDP). Welsh Assembly Government guidance2 indicates that the deposited UDP may remain a consideration in development control decisions until such time as the

1 For the purposes of this document, ‘biodiversity’ (short for biological diversity) is taken to have the same meaning and be interchangeable with ‘nature conservation’. 2 Revisions to Draft Local Development Plans Wales (Welsh Assembly Government October 2005, paragraph 7.8)

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LDP is adopted. Appendix 1.C indicates references in the UDP to matters which are the subject of this guidance.

1.2 POLICY CONTEXT

Legislation

1.2.1 The legislative framework within which the Council undertakes its responsibilities as local planning authority in respect of biodiversity is set out in Appendix 1.A of this document.

1.2.2 The UK Government signed the international Convention on Biological Diversity at the UN Conference on Environment and Development (The Earth Summit) in Rio de Janeiro in June 1992. Since 1992 there have been significant developments in legislation relating to protected sites and species.

Assembly Guidance

1.2.3 Legislation and Assembly policy and guidance in respect of biodiversity is set out in:

• Planning Policy Wales, issued by the Welsh Assembly Government in March 2002. • Technical Advice Note (Wales) 5: Nature Conservation and Planning, issued by the Welsh Office in November 1996.

Other Relevant Guidance

1.2.4 The Royal Town Planning Institute (RTPI) has published a Good Practice Guide entitled Planning for Biodiversity (1999).

1.2.5 The Association of Local Government Ecologists (ALGE) has published Developing Naturally – A Handbook for Incorporating the Natural Environment into Planning and Development written by Mike Oxford

Development Plan Policies

1.2.6 Policies in existing development plans for Cardiff relating to nature conservation and biodiversity are set out in Appendix 1.B of this document. The following development plan policies are relevant:

• Policy C3: Sites of Nature Conservation Value and Policy C4: Local Sites of Nature Conservation Value of the South Glamorgan (Cardiff Area) Replacement Structure Plan (1991- 2011) (adopted April 1997). • Policy 8: Sites of Nature Conservation or Geological Value of the City of Cardiff Local Plan (adopted January 1996). • Policy LC1, Policy LC5, Policy LC10 and Policy LC11 (5) of the Mid Glamorgan County Structure Plan – Approved Plan

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Incorporating Proposals for Alteration Number 1. September 1989.

1.3 ASSESSING THE IMPACT OF DEVELOPMENT PROPOSALS

1.3.1 The important role for the planning system in conserving biodiversity has been recognised in Planning Policy Wales 2002, where it states at paragraph 5.2.7 ‘The planning system has an important part to play in meeting biodiversity objectives by promoting approaches to development which create new opportunities to enhance biodiversity, prevent biodiversity losses, or compensate for losses where damage is unavoidable. Local planning authorities must address biodiversity issues, insofar as they relate to land use planning, in both UDPs and development control decisions.’ Furthermore, at paragraph 5.1.4 it states ‘It is important that biodiversity and landscape considerations are taken into account at an early stage in both UDP preparation and development control’. The relative weight given to biodiversity factors will depend on the particular circumstances of the site and proposal and include the following factors:

• The importance of the biodiversity interests. • How they may be affected by the development proposal. • Whether these effects can be acceptably mitigated or compensated for. • The nature of and justification for the development proposed - including the planning status of the site in question. • The availability of suitable alternative sites. • Whether there are other relevant material considerations.

1.3.1 The Royal Town Planning Institute (RTPI) has published a Good Practice Guide Planning for Biodiversity which recommends a five point approach to planning decisions involving biodiversity issues, based on the principles of:

• Information • Avoidance • Mitigation • Compensation • New benefits

Cardiff Council recommends this guide to developers and, in making planning decisions will follow the approach advised.

As a Section 28 (G) Authority under the Wildlife and Countryside Act 1981 as substituted by Schedule 9 to the Countryside and Rights of Way Act 2000, Cardiff Council has a duty to conserve and enhance Sites of Special Scientific Interest (SSSIs). See section 1.4.14 below.

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Cardiff Council also has duties under the Conservation (Natural Habitats &c.) Regulations 1994 to undertake an appropriate assessment before deciding to give consent, permission or other authorisation for a plan or project which is likely to have a significant effect on a European site either alone or in combination with other plans. See sections 1.4.10 to 1.4.12 below.

Information

1.3.2 Applicants should, where relevant to the proposed development, submit sufficient detailed information with a planning application to enable its impact on biodiversity interests to be properly assessed.

1.3.3 The level and detail of information required will depend on the nature of the proposal and characteristics of the natural resource. Early pre- application discussions with the Council’s Environmental Advice Team in Strategic Planning are recommended to establish the information required. The Council may be able to supply information about a site from its own Cardiff Biological Database, or direct enquiries to an appropriate source of data such as the South East Wales Biodiversity Records Centre (SEWBReC).

1.3.4 Where an Environmental Statement is required under the Environmental Impact Assessment (EIA) Regulations 1999 (see Appendix 1.E) or an Appropriate Assessment is required under the Conservation (Natural Habitats &c.) Regulations 1994 (see paragraphs 1.4.3 - 1.4.13), the Council may provide a scoping opinion as to the information required to determine the application. The Countryside Council for Wales (CCW) should also be consulted regarding statutory sites and protected species.

1.3.5 Applications which do not require an Environmental Statement may still require information on biodiversity issues. The Environmental Advice Team can provide advice on what information is required for a particular site. For sites which might have a significant biodiversity value this should usually include:

a) A description of the natural resource, including: • Any statutory or non-statutory nature conservation designations; • Survey material showing the location and type of trees, hedgerows water features, streams and drainage ditches; • A description of habitat types including flora and fauna; • A description of any other features of nature conservation value, such as Section 74 species and LBAP priority species (See Sections 1.5 and 1.6 of this document and Part 2); • The timing of any surveys required for key species.

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b) An assessment of the value of the natural resource – including features of particular value.

c) A description of the proposal - together with appropriate plans.

d) A statement (with illustrative plans and sections if helpful) clearly outlining the direct and indirect impacts of the proposed development on the natural resource.

e) Where appropriate, a statement and plans indicating compensatory or ameliorating measures proposed - including details and timing of proposed habitat creation or habitat enhancement works.

f) Where appropriate, a statement and plans indicating details of protection measures during site construction - including reference to British Standard Specifications for protective fencing.

g) Where appropriate, a statement outlining future management arrangements for the natural resource - including details of ownership and proposed maintenance regime.

h) Assessments should be carried out by qualified, suitably experienced environmental consultants and protected species licences may be required to carry out some assessments.

Avoidance of Harm

1.3.6 Schemes should be designed to avoid harm to important species and habitats, including designated sites, protected species and biodiversity priority species. Wherever possible, this should include:

• Maintaining existing features of interest.

• Maintaining and enhancing corridors and links to adjacent/neighbouring habitats – to prevent species becoming isolated and vulnerable.

Mitigation

1.3.7 In some cases, where planning permission is granted, it will be appropriate for the Council to include a condition or a planning obligation to ensure that the risk of possible damage to nature conservation interests during construction is minimised. Such mitigation measures may include, in appropriate circumstances:

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• Controlling the timing of operations to avoid disturbance to breeding species.

• Creating buffer zones.

• Design features such as bridges to enable otters to pass safely underneath.

• Sustainable Urban Drainage Systems (SUDS).

• Translocation of species (see Section 1.5 Protected Species).

It should be noted however that mitigation measures, that seek only to redress some of the impacts and which do not therefore totally avoid any adverse effects, cannot be considered in an appropriate assessment.

Compensation

1.3.8 Where mitigation is not possible and loss or damage to natural habitats or important species is unavoidable, the Council may include a condition or planning obligation requiring compensatory measures, such as new habitat creation or habitat enhancement works.

1.3.9 There are primarily four types of compensatory treatment:

• Habitat re-creation - the re-creation of an existing habitat lost to development.

• Habitat creation - the creation of a new habitat.

• Habitat enhancement - the enhancement of an existing habitat.

• Social/community enhancement measures - improving the conservation value of a site through measures such as improved access, provision of interpretative facilities and encouraging wider community involvement.

1.3.10 The circumstances of each case will vary and warrant different forms or combinations of compensatory treatment. Early discussion with the Council is recommended concerning the acceptability of possible compensatory packages.

1.3.12 The ease and cost of re-creating different habitats varies considerably. Certain habitats are highly dependent on specific requirements and biological inter-relationships whereas others are more flexible and less complex. For example, ancient woodlands are of great antiquity, fragility and uniqueness, and contain a wide variety of complex biological inter-relationships. Re-creation, by matching the

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existing quality and overall nature conservation value, is unlikely to be achievable. Consideration may be given to refusing planning permission where habitat loss cannot be mitigated or compensated.

1.3.13 The Council will also encourage the provision of new habitats and social/community enhancement measures on new developments which do not adversely affect nature conservation interests.

New Benefits

1.3.15 Some development proposals also offer an opportunity to create new benefits, which may be included in a planning condition or obligation. This can include

1.4 DESIGNATED SITES

1.4.1 Sites may be designated for their international, national or local importance in terms of nature conservation. Some designations/sites are statutory because they are regulated by legislation. Others are non- statutory because they are regulated by policy rather than legislation.

1.4.2 Permitted Development Rights enable certain works such as site clearance to be carried out under Article 4 of the Town and Country Planning (General Permitted Development) Order 1995. However these rights are revoked or modified with respect to some statutory designated sites including SACs, SPAs and SSSIs (see below). Full planning permission is required for most operations on these sites and in cases where an EIA is required.

Internationally Designated Sites in Cardiff

1.4.3 Sites in Cardiff designated for their international importance for nature conservation are identified in Part 2 of this guidance3.

1.4.4 Special Areas of Conservation (SACs) are statutory sites designated in response to the EU Directive on the conservation of natural habitats and of wild fauna and flora, commonly referred to as the ‘Habitats Directive’ (92/43/EEC). This Directive is enacted into UK law by the Conservation (Natural Habitats &c.) Regulations 1994.

1.4.5 There is one SAC in Cardiff – Cardiff Beech Woods – which is important because these are among the most westerly beech woods in Britain. The Severn Estuary (including the area below mean low water) has been identified as a possible SAC.

1.4.6 Special Protection Areas (SPAs) are statutory sites designated in response to the EU Birds Directive. Their legal protection and the

3 The information in Part I of this guidance is correct at the date of its publication. More up-to- date information may be available in Part 2.

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relevant policy and procedures in the UK planning system are the same as for SACs

1.4.7 There is one SPA in Cardiff – the Severn Estuary – the important features of which are the populations of certain wintering and migrating birds and the inter-tidal habitats of mudflat and salt marsh which support them.

1.4.8 The Severn Estuary is also a Wetland of International Importance (known as Ramsar site) - a non-statutory designation for wetlands of international importance for birds, originating from an international convention at Ramsar in Iran in 1972.

1.4.9 SACs and SPAs form a Europe-wide network of sites known as Natura 2000. These are referred to as ‘European Sites’ in the Conservation (Natural Habitats &c.) Regulations 1994. Consideration of planning applications affecting these sites must be in accordance with the EU Habitats Directive. Implicit in the Habitats Directive is application of the precautionary principle; this requires that, where there is uncertainty, the conservation objectives of the Natura 2000 site should prevail.

1.4.10 The consideration of the possible impacts of plans, projects or development upon European Sites is through a process known as Appropriate Assessment which must be undertaken by the Competent Authority issuing the consent. In the case of planning permission, this is Cardiff Council as the local planning authority.

1.4.11 In undertaking this responsibility, the Council must consider whether a planning application, either alone or in combination with other plans and projects, might have a significant affect upon a European Site. If it might, the Council must undertake an Appropriate Assessment. This assessment must consider the impact of the proposal upon the conservation objectives for the site and conclude whether or not the proposal would adversely affect the integrity of the site. The integrity of the site is defined as the coherence of the site’s ecological structure and function, across the whole of the area, that enables it to sustain the habitat, complex of habitats and/or populations of species for which the site is or will be classified. The Council has a legal obligation to consult the Countryside Council for Wales (CCW) when undertaking an Appropriate Assessment.

1.4.12 If the proposal would adversely affect the integrity of the site or the affect is uncertain, consent can only be granted in special circumstances. These are that there are no alternative solutions and for reasons of over-riding public importance. Compensatory measures will also be required. The Secretary of State for Wales must be notified and the other competent authorities consulted.

1.4.13 All the designated and proposed international sites In Cardiff are also underpinned by national designation as Sites of Special Scientific

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Interest (see below). However, these national designations sometimes include features of national importance that are not features of the international designation.

Nationally Designated Sites in Cardiff

1.4.14 Sites of Special Scientific Interest (SSSIs) are statutory sites which are designated and protected by the Wildlife and Countryside Act 1981 as amended by the Countryside and Rights of Way (CRoW) Act 2000. As a Section 28 G authority in the context of the CRoW Act 2000, Cardiff Council has a duty to further the conservation and enhancement of SSSIs. The CRoW Act requires CCW to be consulted regarding planning applications which may affect the features of interest of a SSSI. This includes applications relating to land outside a SSSI for development which may affect a feature of interest (e.g. a proposal which would affect a watercourse which flows into a SSSI). CCW must be given 28 days to submit its representations. As the local planning authority, Cardiff Council must have regard to CCW’s representation. If CCW’s representations are not reflected in the consent, the Council must explain in writing to CCW how its views were taken into account and wait a further 21 days before issuing the consent.

1.4.15 There are currently 15 SSSIs in Cardiff of which 10 are designated for biological interest, two are designated for mixed biological and geological interest and 3 for solely geological interest. These are identified in Part 2 of this guidance.

Locally Designated Sites in Cardiff

1.4.16 Local Nature Reserves (LNRs) are statutory sites declared under Section 21 of the National Parks and Access to the Countryside Act 1949. This gives local authorities the power to acquire, declare and manage nature reserves. The Countryside Council for Wales (CCW) should be consulted regarding any proposal that might affect an LNR.

1.4.17 There are currently five LNRs in Cardiff, identified in Part 2 of this guidance.

1.4.18 Planning Policy Wales (2002) recommends the designation of non- statutory sites of interest for nature conservation (SINCs) where these are soundly based on an objective scientific assessment of the value of the site and informed by community participation and reflecting community values.4

4 Non-statutory sites have been given various names by different local planning authorities. In common with many other authorities, Cardiff will refer to them as Sites of Importance for Nature Conservation (SINCs).

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1.4.19 The Cardiff Nature Conservation Strategy (1996 and 1998) identified 124 such sites in Cardiff, referred to as Sites of Nature Conservation Importance (SNCIs).

1.4.20 Regional guidelines for the selection of non-statutory sites in South Wales have been developed by a partnership of local authorities and Wildlife Trusts. This involved extensive consultation with a wide range of expertise. Guidelines for the Selection of Wildlife Sites in South Wales was published by Gwent Wildlife Trust in August 2004. The guidelines cover a wide geographical area (including the old counties of Gwent, Glamorgan and ) within which there is considerable variation in the nature conservation interest. Therefore, it has been agreed by participants that it is appropriate for authorities to make local modifications to the regional criteria to reflect the nature conservation interest within their individual areas. Modifications for Cardiff (set out in Part 2 of this guidance) have been developed in consultation with the Cardiff Biodiversity Action Forum and, as advised by the RTPI Good Practice Guide, have regard to social factors.

1.4.21 Both the regional guidelines and Cardiff modifications are based on an objective scientific assessment of species and habitats, using existing published lists of species which are of conservation concern and/or receive some degree of legal protection. The regional status and population trends of species have also been considered.

1.4.22 The Council has commenced a review of non-statutory sites within Cardiff, based on the regional guidelines and Cardiff modifications. Sites will be reviewed regularly to ensure that the designations remain accurate, up to date and defensible within the planning system. All sites will be reviewed at least every ten years, with at least 10% of sites reviewed each year. Sites that are more likely to change due to succession or management, such as grassland habitats, will be reviewed more frequently. The review will consider new sites and modifications to the boundaries of existing sites. It will be subject to consultation through the Cardiff Biodiversity Action Partnership. All SNCIs identified in the Cardiff Nature Conservation Strategy will be regarded as SINCs until reviewed against the new criteria.

1.4.23 The first review against the new guidelines was undertaken in 2004, which resulted in the identification of a number of new sites and modification of the boundaries of some existing sites due to loss of habitat by various causes. SINCs in Cardiff, following the 2004 review, are identified in Part 2 of this guidance.

1.5 PROTECTED SPECIES

1.5.1 Planning Policy Wales (2002) states that: “The presence of a species protected under European or UK legislation is a material consideration when a local planning authority is considering a development proposal

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which, if carried out, would be likely to result in disturbance or harm to the species or its habitat.” (paragraph 5.5.11)

1.5.2 Two sets of legislation afford legal protection to certain species of wild fauna and flora:

• The Conservation (Natural Habitats &c.) Regulations 1994 which enact the EU Habitats Directive (92/43/EC) and protect species which are often referred to as ‘European Protected Species’ (EPS).

• The Wildlife and Countryside Act 1981 as amended by the Countryside and Rights of Way (CRoW) Act 2000, which protect species referred to as ‘UK Protected Species’.

In addition there are several other acts which apply to other species such as the Protection of Badgers Act 1992.

European Protected Species

1.5.3 Regulation 39 of the Habitats Regulations 1994 makes it an offence:

Deliberately to capture or kill a wild animal of a European protected species. Deliberately to disturb any such animal. Deliberately to take or destroy the eggs of such an animal. To damage or destroy a breeding site or resting site of such an animal.

1.5.4 Under certain circumstances it is possible to obtain a derogation from the provisions of the regulations. The derogation takes the form of a licence, issued by the Welsh Assembly Government. The circumstances of the derogation are set out in Regulations 44 (2) (e) and 44 (3) (a) and (b). These are known as the three tests. A derogation can only be authorised if:

• There is no satisfactory alternative. • The action will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in its natural range. • The development is for the purpose of preserving public health or safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment.

1.5.5 Paragraph 5.5.12 of Planning Policy Wales (2002) states that: ‘Local planning authorities are under a duty to have regard to the requirements of the Habitats Directive in exercising their functions. To

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avoid developments with planning permission subsequently not being granted a derogation in relation to European protected species, planning authorities should take the three requirements for a derogation into account when considering development proposals where a European protected species is present.’ On sites where a European Protected Species is affected, the Welsh Assembly Government recommended (in Circular SI 1994/2716, dated 13th July 2004) the following advice note for planning permissions advising no works to begin until the derogation has been considered:-

Where any species listed under Schedules 2 or 4 of The Conservation (Natural Habitats, etc) Regulations 1994 is present on the site [or other identified part] in respect of which this permission is granted, no works of site clearance, demolition or construction should take place in pursuance of this permission unless a licence to disturb any such species has been granted in accordance with the aforementioned Regulations.

1.5.6 The granting of planning permission either as a result of formal planning application or through permitted development rights does not negate the fact that the relevant licences need to be obtained by the developer before implementing the planning permission. Failure to do so could lead to a wildlife crime being committed and possible prosecution.

1.5.7 European protected species which occur in Cardiff are:

• Great Crested Newt • Otter • Dormouse • All species of bats

The ecology and distribution of these species in Cardiff are briefly summarised in Part 2 of this guidance.

UK Protected Species

1.5.8 The Wildlife and Countryside Act 1981 (as amended) contains several schedules which give varying levels of protection to certain species of plants and animals:

• Schedule 1 lists certain species of birds which it is an offence to disturb at or near the nest or with dependant young. • Schedule 5 affords differing degrees of protection to other animals. • Schedule 8 affords protection to certain species of plants.

1.5.9 Offences range from the sale of certain animals and plants to intentionally killing or injuring some species.

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1.5.10 UK protected species known to occur in Cardiff are listed in Part 2 of this guidance.

Surveys for Protected Species

1.5.11 Data on the distribution of protected species in Cardiff is incomplete. This is because many species are nocturnal and/or secretive. Sometimes, as with otters and bats, their general presence in an area may be known but not the location of their breeding or resting places, which are protected. There is often little or no knowledge of the size of populations, whether they are increasing or decreasing and their inter- reaction with neighbouring populations. Surveys should therefore aim to provide as much information as possible and identify any constraints on the work undertaken e.g. timing, weather conditions.

1.5.12 It is therefore recommended that, where appropriate, surveys for certain protected species should form part of planning applications. In order to consider the ‘three tests’ for European Protected Species the survey data will need to be considered during the determination of the application. In cases were an Environmental Statement is required under the Environmental Impact Assessment regulations, all the relevant survey data, and where appropriate, mitigation plans, must be included in the Environmental Statement. In other cases, surveys may be required in order for the application to be determined, or they may be required as a condition of a planning permission. In determining the requirement for survey information, the Council will consider the known distribution of a species in Cardiff and the suitability of the habitat for that particular species. The requirement for survey data for a species will be based on taking these two factors together to decide if there is a reasonable likelihood that the species is present on a site and what use it may make of a site. In determining the likelihood of bats being present and of a survey being required, examples of national good practice and guidance will be followed. Cardiff Council have adapted criteria5 published by English Nature for considering where bats may be affected by development requiring planning permission:-

A bat survey should be undertaken if there are previous records of bats on the development site or if features likely to support bats may be impacted upon by the proposed works. The following criteria may be used to screen those applications for which it is advisable that bat surveys should be undertaken:

Presence of built structures which appear to have a high probability of use by bats:-

5 Bat Surveys for Development Proposals in North-east England Supplementary Guidance Note: Surveying for Bats Following the Publication of English Nature’s National Bat Mitigation Guidelines (January 2004) issued by English Nature, Northumbria Team March 2004.

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• Properties older than 1939, with multiple roofs within 200m of woodland, water or other suitable feeding habitat. • Properties older than 1914 within 200m of woodland, water or other suitable feeding habitat. • Listed buildings or monuments. • Traditional ranges of farm buildings.

Woodland can include significant aggregations of mature trees in urban areas. Suitable feeding habitat can include parks, cemeteries, agricultural land and other semi-natural habitats.

1.5.13 Surveys for certain protected species can only be undertaken with a licence. Most protected species can only be surveyed at certain times of year. Developers should take this into account when preparing a schedule for submitting a planning application. Generally spring and summer are the most appropriate times. Surveys carried out at the wrong time of year may not be acceptable in determining some planning applications.

Table 1. Survey periods for certain protected species Common Name Timing Notes Otter April to September Some signs all year Dormouse All year Nut surveys in winter Bats (breeding) May to August Bats (wintering) October to March Water Vole All year More signs in summer Badger All year Great Crested Newt April to July Reptiles April to August Breeding birds April to June Varies with species Invertebrates Mostly May to August Varies with species Plants (woodland) April to June Plants (other habitats) May to August Fungi Mostly autumn

1.5.14 For advice on the potential survey requirements for protected species, please contact either the Council’s Environmental Advice Team (in Strategic Planning) or the Countryside Council for Wales.

Translocation

1.5.15 There are a few occasions when the translocation of certain protected species may be suggested or required as a mitigation measure. This requires careful consideration. It is important that the timing and method of capture at the donor site is effective. Translocation of most species can only be undertaken at certain times of year. The suitability of the receptor site is another important factor. It must be able to

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support the translocated population in the long term. This will require suitable habitat and favourable management practices. Knowledge of any exiting populations of the species on the site and their relationship to neighbouring populations is likely to be required. Wherever possible, receptor sites should be linked by appropriate corridors of semi-natural habitat to other suitable habitats. This will aid the dispersal and genetic interchange of populations, thus increasing their chances of survival.

1.5.16 A detailed method statement will be required by the applicant to describe how such work will be undertaken. A management plan should be written to state how the species will be conserved in the receptor site and describe any management requirements. This should be controlled by the use of a planning obligation (for example the use of a Section 106 agreement).

1.6 LOCAL BIODIVERSITY ACTION PLANS AND PRIORITIES

1.6.1 In pursuance of its duty under the Countryside and Rights of Way Act 2000 to further the conservation of biodiversity, the Welsh Assembly Government is committed to promoting Habitat and Species Plans relevant to Wales prepared under the UK Biodiversity Action Plan (UKBAP). It also supports the preparation of Local Biodiversity Action Plans (LBAPs) as a means of engaging communities and private sector organisations in the conservation and enhancement of biodiversity at the local level.

1.6.2 The UKBAP includes hundreds of Species Action Plans (SAPs) and Habitat Action Plans (HAPs). As well as the priority habitats there are statements for broad habitat classifications. The lists of priority species and habitats and the selection criteria are currently under review. Details of the UK Biodiversity Action Plan including SAPs and HAPs can be viewed on the website www.UKBAP.org.uk

1.6.3 Under Section 74 of the Countryside and Rights of Way Act 2000, the Welsh Assembly Government has published a list of species and habitats which are of ‘principal importance for the conservation of biological diversity in Wales’. This closely mirrors the UKBAP priority list with the addition of certain species which are considered to be important in Wales. The lists (commonly known as the Section 74 lists) were published in Going Wild in Wales (WAG, 2003) (see Part 2 of this guidance).

1.6.4 In January 2003 the Assembly Government’s Environment, Planning and Transport Committee published a review of Local Biodiversity Action which recommended that local planning authorities should adopt Local Biodiversity Action Plans as Supplementary Planning Guidance (SPG).

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1.6.5 Biodiversity needs genetic exchange to occur. It is therefore important that species can disperse occur along ‘wildlife corridors’ of suitable inter-connected semi-natural habitats. The importance of these links is recognised in Regulation 37 (1) of the Conservation (Natural Habitats &c.) Regulations 1994. This states that “For the purpose of the planning enactments mentioned below, policies in respect of the conservation of natural beauty and amenity of the land shall be taken to include policies which encourage the management of features of the landscape which are of major importance for wild flora and fauna. Such features are those which, by virtue of their linear and continuous structure (such as rivers with their banks or the traditional system of markings field boundaries) or their function as stepping stones (such as small ponds or woods), are essential for the migration, dispersal and genetic exchange of wild species.

Wild about Cardiff: the Cardiff Local Biodiversity Action Plan (LBAP)

1.6.6 Cardiff Council approved the above LBAP in November 2001. It was not written as SPG, which already existed in the form of the Cardiff Nature Conservation Strategy (1996 with 1998 Pentyrch Addendum). Most of the Cardiff LBAP deals with broader biodiversity issues which are not regulated by the planning system and therefore is not appropriate as SPG. However, it does identify priority species and habitats within Cardiff - for which Species Action Plans (SAPs), Species Statements and Habitat Action Plans (HAPs) may be prepared - and this is appropriate to use as SPG. The priority species and habitats are selected in consultation with Cardiff Biodiversity Action partnership and are usually either cited on the Section 74 list or of conservation concern in Cardiff.

Habitat and Species Action Plans

1.6.7 Up to February 2006, sixteen draft Habitat Action Plans (HAPs) and Species Action Plans (SAPs) for Cardiff have been prepared and more will be prepared in future. These action plans form part of the Cardiff LBAP and have been prepared with consultation through Cardiff Biodiversity Partnership. They are identified in Part 2 of this guidance. The selection of species and habitats for these lists is based upon UK Biodiversity Action Plan priorities, Section 74 species and habitats in Wales, species protected under the Wildlife and Countryside Act 1981 (as amended) and local priorities. All of these are subject to periodic review and therefore the list of priority species and habitats in the LBAP will be subject to periodically review.

1.6.8 The HAPs and SAPs include measures needed to achieve the aims and objectives for the plan. This may relate to planning issues, such as SINC designation of important sites.

1.6.9 In considering the impact of development proposals upon biodiversity, Cardiff Council will have regard to the list of priority species and

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habitats and any relevant national or local Species and Habitat Action Plans. Wherever possible, development proposals should avoid adverse affects upon biodiversity, especially those species and habitats which are priorities in the UK Biodiversity Action Plan or are listed on the Section 74 list. Where it is not possible to avoid adverse impacts, appropriate mitigation and/or compensation measures should be considered.

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APPENDIX 1.A: UK LEGISLATION

The principal legislation within which the Council undertakes its responsibilities as local planning authority in respect of biodiversity issues is as follows:

o National Parks and Access to the Countryside Act 1949 - under which Local Nature Reserves are declared.

- Wildlife and Countryside Act 1981 (as amended) - the cornerstone of wildlife protection legislation.

- Town and Country Planning Act 1990 (as amended) - the key legislation governing the development control process.

- Protection of Badgers Act 1992 - which protects badgers and their setts.

- The Conservation (Natural Habitats &c.) Regulations 1994 - which enacts the EU directive on the Conservation of Wild Fauna and Flora (92/43/EEC). It modifies the planning system with regard to the consideration of European sites (SACs & SPAs) and also protects certain wild plants and animals (European Protected Species).

- The Hedgerow Regulation 1997 - which defines and protects ‘important’ hedgerows.

- The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 - requires that certain types of project are subject to an assessment of their environmental effects before consent can be granted for the project to go ahead.

- The Countryside and Rights of Way Act 2000 - strengthens the protection of Sites of Special Scientific Interest (SSSIs) and amends the Wildlife and Countryside Act with regard to certain protected species.

- The Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 - establishes a new, integrated approach to the protection, improvement and sustainable use of Europe's rivers, lakes, estuaries, coastal waters and groundwater.

People, Places, Futures The Wales Spatial Plan 2004 aims to ensure the Welsh Assembly Government’s policies and programmes come together effectively with the workings of local

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government, business and other partners across Wales, to enable a sustainable future

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APPENDIX 1.B: DEVELOPMENT PLAN POLICIES

SOUTH GLAMORGAN (CARDIFF AREA) REPLACEMENT STRUCTURE PLAN (1991-2011) (adopted April 1997)

Policy C3: Sites of Nature Conservation Value

Development proposals will not be granted planning permission if they are likely to cause unacceptable harm to the nature conservation value of:

i). an existing or candidate Special Area of Conservation or an existing or potential Special Protection Area.

ii). a National or Marine Nature Reserve.

iii). a Site of Special Scientific Interest.

Policy C4: Local Sites of Nature Conservation Value

The identification, conservation and enhancement of Local Nature Reserves and Sites of Nature Conservation Value will be favoured subject to conformity with other development plan policies.

CITY OF CARDIFF LOCAL PLAN (adopted January 1996)

Policy 8: Sites of Nature Conservation or Geological Value

Planning Permission will not be granted for development which would cause unacceptable harm to the nature conservation or geological value of:

i) a Special Area of Conservation or a Special Protection Area.

ii) a National or Marine Nature Reserve.

iii) a Site of Special Scientific Interest.

iv) a Local Nature Reserve.

MID GLAMORGAN COUNTY STRUCTURE PLAN – Approved Plan Incorporating Proposals for Alteration Number 1. September 1989.

Policy LC1 There will be a presumption against development which would adversely affect the areas defined as… Mountain Project area. It is the policy of the County Council to enhance these areas in the interest of the landscape and nature conservation for public enjoyment.

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Policy LC5 There will be a presumption against development which would adversely affect sites recognised by the County Council and the Nature Conservancy Council as having nature conservation importance.

Policy LC10 The County Council proposes that existing natural woodlands should be protected and effectively maintained and that the current stock of hardwood trees in the county should be increased.

Policy LC11 (5) It is the policy of the County Council that there will be a presumption in favour of afforestation proposals unless such proposals would (5) adversely affect nature conservation interests

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APPENDIX 1.C: CARDIFF UNITARY DEVELOPMENT PLAN

The Cardiff Unitary Development Plan was placed on deposit in October 2003. Following introduction of the European SEA (Strategic Environmental Assessment) Directive in 2004 and subsequent up- dated guidance from the Welsh Assembly Government on development planning, the Council has sought the agreement of the Assembly to cease preparation of the Cardiff UDP and commence preparation of a Local Development Plan (LDP).

Guidance issued by the Welsh Assembly Government in respect of LDPs indicates that where a UDP has been put on deposit it may remain a consideration in development control decisions until such time as an LDP has been placed on deposit. Generally, the weight to be attached to policies in emerging UDPs depends on the stage of plan preparation, the degree of any conflict with adopted plans, and the number and nature of any objections and/or representations in support of the policy.

The following policies of the deposited Cardiff UDP have some relevance to this SPG:

Policy 1.H: Sites of International or National Importance for Nature Conservation

The nature conservation resource of Cardiff will be protected and, where appropriate, enhanced including sites designated, or proposed for designation, for their international or national importance.

Policy 2.46: Sites of International or National Importance for Nature Conservation

Development will not be permitted that would cause unacceptable harm to sites of international or national importance for nature conservation

Policy 2.47: Sites of Local Importance for Nature Conservation

Development will not be permitted that would cause unacceptable harm to sites of local importance for nature conservation.

Policy 2.48: Biodiversity

Development will not be permitted that would cause unacceptable harm to habitats or other features of the landscape identified as priorities in the UK or Local Biodiversity Action Plan, or otherwise of major importance for wildlife. Where development is permitted, the management and enhancement of such habitats and features will be encouraged.

Approved by Cardiff Council 24 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part1)

APPENDIX 1.D: STANDARD PLANNING CONDITION FOR BIODIVERSITY

Treatment of Japanese Knotweed.

Prior to the commencement of development, a detailed scheme for the treatment and disposal of soils affected by Japanese Knotweed shall be submitted to and approved in writing by the Local Planning Authority. Such a scheme shall accord with the advice in the publication The Eradication of Japanese Knotweed (WDA: Cardiff 1998) and Guidance for the Control of Invasive Plants Near Watercourses (Environment Agency 2001). Thereafter the development shall be carried out in accordance with the approved scheme.

Reason: To ensure the safe destruction and prevention of spread of Japanese Knotweed.

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APPENDIX 1.E: ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999.

1.E.1 The above regulations implement EC Directive 97/11/EC, which itself amends EC Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment. The Directives require that certain types of project are subject to an assessment of their environmental effects before consent can be granted for the project to go ahead. This assessment process – ‘Environmental Impact Assessment’ or ‘EIA’ - is required where the project is likely to have a significant effect on the environment. These projects are categorised as either Schedule 1 or Schedule 2, according to the descriptions of various types of project described in the schedules attached to this Act. For those in Schedule 1, an EIA must always be conducted. For the wider list in Schedule 2, an EIA will be required if the proposal has significant environmental effects.

1.E.2 Development proposals are initially screened in order to determine whether they will have a significant impact on the environment (Screening).

1.E.3 In screening Schedule 2 projects, local planning authorities should consider factors such as:

• The characteristics of the development such as size, use of natural resources, production of waste and pollution.

• The location of development - the environmental sensitivity of geographical areas likely to be affected by development must be considered.

• The characteristics of potential impact such as probability, extent, magnitude and complexity.

1.E.4 Following screening, environmental assessment will generally be needed for Schedule 2 projects in three main types of case:

• Major projects which are of more than local importance. • Occasional projects on a smaller scale that are proposed for particularly sensitive or vulnerable locations.

In a small number of cases, projects with unusually complex and potentially adverse environmental effects, where expert and detailed analysis of those effects would be desirable and would be relevant to the issue of principle as to whether or not the development should be permitted.

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Indicative criteria and thresholds for identification of projects requiring Environmental Impact Assessment (EIA)

There is no universally applicable test of whether or not an EIA is required. However Schedule 2 lists criteria or thresholds which give a broad indication of the type or scale of project which may be a candidate for assessment-and conversely, an indication of the sort of project for which assessment is not likely to be required. These are only indicative: the fundamental test to be applied in each case is the likelihood of significant environmental effects.

These criteria and thresholds are specific to the various types of development, but are generally based on the following characteristics of the development:

• Surface area • Floor space • Building height • Storage capacity • Production capacity

1.E.7 Even where the threshold or criterion is not met or exceeded, EIA may be required if the proposed development is in, or partly in, a ‘Sensitive Area'. Sensitive Areas include: SSSIs, any consultation areas around them (where these have been notified to the local planning authority under article 10(u)(ii) of the GDPO), land to which Nature Conservation Orders apply, international conservation sites, National Parks, Areas of Outstanding Natural Beauty, World Heritage Sites and scheduled monuments.

1.E.8 If a proposal is deemed to be EIA development, scoping takes the consideration of what may be significant impacts further and defines which issues need to be addressed by the EIA process. A scoping opinion of the LPA will also describe how and when these issues need to be addressed.

1.E.9 Impacts that are not considered likely to be significant should be scoped out of the EIA. All material considerations will be included in the planning application, but it is beneficial to isolate and concentrate on the key significant impacts in a separate Environmental Statement.

Methodology for Plans

The methodology for appraising the impact of plans on biodiversity and earth heritage broadly follows the four stage general approach to appraising 'environmental capital' set out in Transport Analysis

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Guidance (TAG). Applied to biodiversity and earth heritage, the approach is to:

• Describe sequentially the characteristic biodiversity and earth heritage features. • Appraise environmental capital - using a set of indicators, this is done by assessing: • the importance of these characteristic features, • why they are important, and • their inter-relationships; • Describe how proposals impact on biodiversity and earth heritage features, including effects on its distinctive quality and substantial local diversity. • Produce an overall assessment score on an eight point scale:- very large adverse, large adverse, moderate adverse, slight adverse, neutral, slight beneficial, moderate beneficial and large beneficial.

Guidance on Describing the Nature Conservation Value of Features

Value Criteria Examples

Very high High importance and Internationally designated rarity, international scale sites and limited potential for substitution

High High importance and Nationally designated rarity, national scale, or sites. Regionally regional scale with limited important sites with limited potential for substitution potential for substitution

Medium High or medium Regionally important sites importance and rarity, with potential for local or regional scale, substitution. Locally and limited potential for designated sites substitution

Lower Low or medium Undesignated sites of importance and rarity, some local biodiversity local scale and earth heritage interest

Negligible Very low importance and Other sites with little or no rarity, Local scale local biodiversity and earth heritage interest

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Criteria for Determining the Magnitude of the Impact

Magnitude Criteria

Major negative The proposal (either on its own or with other proposals) may adversely affect the integrity of the site, in terms of the coherence of its ecological structure and function, across its whole area, that enables it to sustain the habitat, complex of habitats and / or the population levels of species of interest.

Intermediate The sites integrity will not be adversely affected, but negative the effect on the site is likely to be significant in terms of its ecological objectives. If, in the light of full information, it cannot be clearly demonstrated that the proposal will not have an adverse effect on integrity, then the impact should be assessed as major negative.

Minor negative Neither of the above apply, but some minor negative impact is evident. (In the case of Natura 2000 sites a further appropriate assessment may be necessary if detailed plans are not yet available).

Neutral No observable impact in either direction.

Positive Impacts which provide a net gain for wildlife overall.

Estimating the Overall Appraisal Category

Magnitude Nature conservation value of sites damaged or of potential improved impact Very high High Medium Lower Negligible

Major Very Very Moderate Slight Neutral negative large large adverse adverse adverse adverse

Intermediate Large Large Moderate Slight Neutral negative adverse adverse adverse adverse

Minor Slight Slight Slight Slight Neutral negative adverse adverse adverse adverse

Neutral Neutral Neutral Neutral Neutral Neutral

Positive Large Large Moderate Slight Neutral beneficial beneficial beneficial beneficial

Approved by Cardiff Council 29 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part1)

Notes: (A) Options in the 'very large adverse category' are likely to be unacceptable on nature conservation grounds alone (even with compensation proposals) (B) There should be a strong presumption against options in the 'large adverse' category, with more than 1:1 compensation (net gain within the Natural Area) for the very occasional cases where development is allowed as a last resort. (C) Options in the 'moderate adverse' category should include at least 1:1 compensation (no net loss within the Natural Area) if the development is allowed. (D) See Tables 1, 5 and note (F) below for the definition of nature conservation value. (E) See the main text for the definition of impact. (F) Positive impacts should be considered to be of lower value if the gains are clearly evident but not significant in terms of the conservation objectives of the Natural Area. Positive impacts should be classed as moderate value if they deliver significant gains to the Biodiversity Action Plan objectives in the Natural Area, and as large value if they deliver positive gains of national or international importance.

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APPENDIX 1.F: INDEX OF ABBREVIATIONS

Abbreviation Title CCW Countryside Council for Wales CRoW Countryside and Rights of Way Act 2000 EIA Environmental Impact Assessment EPS European Protected Species GGBAG Greater Gwent Biodiversity Action Group GlamBAG Glamorgan Biodiversity Advisory Group HAP Habitat Action Plan LBAP Local Biodiversity Action Plan LNR Local Nature Reserve LPA Local Planning Authority NNR National Nature Reserve PPW Planning Policy Wales RDB Red Data Book SAC Special Area of Conservation SAP Species Action Plan SINC Site of Importance for Nature Conservation SNCI Site of Nature Conservation Interest SPA Special Protection Area SPG Supplementary Planning Guidance SSSI Site of Special Scientific Interest TAN Technical Advice Note UDP Unitary Development Plan UKBAP United Kingdom Biodiversity Action Plan WAG Welsh Assembly Government WCA Wildlife and Countryside Act

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APPENDIX 1.G: CONSULTATION ON THE DRAFT SPG

Consultation on this guidance was undertaken between 14th February and 14 March 2006. A Press Notice was placed in the South Wales Echo on Tuesday 14 February 2006 and notices and copies of the draft guidance were placed in all Cardiff Libraries. The draft guidance was also published on the Council's website.

Letters notifying that consultation was being undertaken on the draft guidance were sent to Cardiff Councillors, the Welsh Assembly Government, Environment Agency, Countryside Council for Wales, *** Community Councils in Cardiff and the following who are known to have a general interest in planning in Cardiff, or a potential interest in this guidance.

• Absolute Adventure • Access Association • Arup • Atkins • Baker Associates • Barton Willmore Planning Partnership • Black Environment Network • Boyer Planning • British Trust for Conservation Volunteers • /Grangetown Health Living Programme • Butterfly Conservation (South Wales) • Caerphilly CBC • Cardiff & District Allotment Association • Cardiff Community Safety Office • Cardiff HDRA Organic Gardeners • Cardiff Lions • Cardiff Naturalists' Society • Cardiff Permaculture Group • Green Group • Cath Cobb Community Woodland Group • CDN Planning • Coed Cymru • David Clements Ecology Ltd • Development Planning Partnership • DLP Consultants • DTZ Pieda Consulting • Environment Wales • Enviros Consultancy • Farmers Union of Wales • Project • Forest Education Initiative • Forest Enterprise • Forestry Commission Wales

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• Friends of Coed Y Felin • Friends of Forest Farm Country Park 2 • Friends of Forest Farm Nature Reserve • Friends of Heath Park Woodland • Friends of Howardian Nature Reserve - LBAP • Friends of Nant Fawr Community Woodland - Projects • Friends of Nant Fawr Community Woodlands • Friends of Roundwood • Friends of the Earth Cardiff • GL Hearn Planning • Glamorgan Bird Club • Glamorgan Farming & Wildlife Advisory Group • Glamorgan Moth Recording Group • Groundwork Caerphilly • GVA Grimley • Gwent Wildlife Trust • Halcrow • Harmers Ltd • Hepher Dixon • Home Builders Federation • Inroads • John Robinson Planning & Design • Keep Wales Tidy • Lovell Partnership • Mason Richards Planning • CBC • MVM Planning • Nathaniel Lichfield & Partners *** • National Farmers Union of Wales • National Federation of Women's Institutes • National Museum of Wales • National Trust • Newport City Council • Park Watch • Woods Wardens • Reservoirs Action Group • Cynon Taff CBC • Riverside Community Garden (Allotments) Project • Riverside Community Market Association • Robert Turley Associates • RPS Group plc • RSPB - Cardiff Group • RSPB Cymru • School of Biological Sciences, University of Wales Swansea • South East Wales Biodiversity Records Centre • St. Mellons Environment Action Group • Stride Treglown Town Planning

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• Swansea CC • The Glamorgan Nature Centre • Tilhill Economic Forestry • Wales Biodiversity Partnership *** • Wales Biodiversity Group Secretariat • Welsh Local Government Association • White Young Green Planning • Wildlife Trust of South & West Wales • Wildlife Trust of South & West Wales (Cardiff Group)

Comments specifically or generally relevant to the draft guidance were received from the above consultees indicated *** and also

• Western Power Distribution

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APPENDIX 1.H: CONSULTATION REPRESENTATIONS AND RESPONSES

REF6 REPRESENTATION COUNCIL RESPONSE CHANGES TO SPG 1.3.3 Amend paragraph to include "Should where Accept comment include comment as proposed relevant to the proposed development" 1.3.4 Amend paragraph to include "level and detail of" Accept comment include comment as proposed

General Expresses appreciation of Part 1 of the SPG. Part 2 including schedule of sites None Looks forward to completion of Part 2 providing and designations in Cardiff has been schedule of sites and designations in Cardiff. completed and was included in the consultation General Make sure that SPG allows for changes in LBAP Introduction of both SPG sections None includes "It is envisaged that Part 2 will be updated as necessary, to reflect any changes in international and national conservation designations, regular reviews of local designations and/or changes to national and local biodiversity priorities and action plans".

General Would like SPG to include generic statement on Statements on new policies cannot None Cardiff Council's support for biodiversity issues, be made as a result of consultation and statement that the Council will apply the on this SPG. 'precautionary principle' when considering planning proposals in relation to biodiversity

6 Reference to paragraph in Consultation Draft SPG

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General Would like emphasis on importance of non- Accept comment Paragraph to this effect included in designated sites as 'green corridors' as was Part 1 paragraph 1.6.5, including included in section 3.5.1 of previous Nature rerefence to section37(1) of the Conservation Strategy Habitats Regulations, relating to nature conservation policy in planning contexts

Part 1, Would like clarification of definitions of terms used Accept comment Definitions of terms used in this table Appendix 1 in impact assessment table included. E, page 25 SSSI list and Reservoir Embankments Accept comment New SSSI inserted in list SSSI omitted from list Appendix 2A Two waxcap species omitted from Section 74 list Accept comment Both species inserted

Appendix 2D Support for Cardiff Red Data Book approach in Accept comment See comment 11 previous Nature Conservation Strategy but further clarification of how Cardiff Rarity Index will be used Appendix 2 Suggests use of Cardiff Rarity Index in SINC Accept comment Sites which support significant D selection populations or assemblages of CR1 and/or CR2 species or exceptional populations of CR3 species. When considering designation under this criteria, the relevant taxonomic recorders should be consulted

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Appendix 2D Reiterating concern about how Cardiff Rarity Index Cardiff Rarity Index will be used in See comment 11 will be used, in relation to development and how the designation of SINCs, which will the Index will be available to the public. be a material consideration in planning decisions. Enquiries are welcome from the public who would like information on species occurrence, distribution and rarity.

1.2 Policy Recommend that this section be split into two, Designated sites are adequately None Context covering legislation separately from considered in section 1.4, protected policy/guidance, legislation section to include species in 1.5, and legislation and legally designated sites and protected species. development plan policies are considered separately in appendices 1A and 1B respectively. We therefore consider that substantial restructuring of the document is not warranted 1.2 Policy Expand section on legally designated sites to The Council's responsibility to None Context include recognition of Cardiff Council's duties undertake appropriate assessments under the Habitats Regulations towards protected is covered adequately in section species and sites 1.4.11 1.2 Policy Expand section on legally designated sites to This duty is best described in Section 1.1.14 of this SPG modified to Context include recognition of Cardiff Council's duty as a Section 1.4.14 Sites of Special include reference to this duty. section 28 G authority under the CRoW Act 2000 Scientific Interest to further the conservation and enhancement of SSSIs

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1.2 Policy Expand section on legally designated sites to This is included in section 1.5.1 of None Context include recognition of Cardiff Council's duties with this SPG respect to protected species as outlined in Section 5.5.11 of Planning Policy Wales 2002. 1.2 Policy This section to be expanded to include guidance This guidance is adequately None Context that local authorities consider the three tests, as described in sections 1.5.4 and 1.5.5 outlined in Section 5.5.12 of planning Policy Wales of this SPG 1.2 Policy Include paragraph to the effect that relevant This paragraph is best included after Paragraph included after section Context licences need to be obtained regardless of section 1.5.5 of this SPG 1.5.5. granting of planning permission, where protected species may be affected by permission 1.2.3 Policy Recommend that reference to Planning Policy Accept comment Include at beginning of section 1.3 Context - Wales be expanded to include paragraph 5.2.7, Assessing the Impact of Development Assembly relating the role that the planning system has in Proposals, to replace first sentence of Guidance meeting biodiversity objectives. paragraph 1.3.1.

1.2.4 Other Include reference to Handbook for incorporating Accept comment Reference included relevant the natural Environment into planning and guidance Development. 1.3.1 Recommend that the word 'material' be inserted Accept comment The word 'material' inserted into the Assessing into the first sentence as follows "Biodiversity first sentence as suggested the impact of issues are among the material factors…" development proposals 1.3.2 Support the approach for sites of local nature Accept comment None conservation importance, but it needs to be applied with caution to designated sites and species 1.3.4 Recommends that reference be made to Accept comment Reference included SEWBReC

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1.3.5 Recommends that dates of regulations be included Accept comment Dates included for clarity 1.3.6 Recommends that this section states that Accept comment Statement included as point 1.3.6.h assessments should be carried out by qualified, suitably experienced, environmental consultants and that protected species licences may be required to carry out some assessments. 1.3.7 Recommends removal of phrase 'wherever Accept comment Phrase removed practical'. 1.3.7 Reminder of Cardiff Council's duty as a section 28 This already included in section See comment 15 above G authority under the CRoW Act 2000 to further 1.4.14 the conservation and enhancement of SSSIs 1.3.7 Reminder of Cardiff Council's duty under the This is already included in section See comment 14 above Habitats regulations and the need to undertake 1.4.11 appropriate assessments 1.3.7 It should be noted that mitigation measures, that Accept comment Paragraph to this effect included in seek only to redress some of the impacts and Part 1 paragraph 1.3.8 Mitigation. which therefore do not totally avoid any adverse effects, cannot be considered in the appropriate assessment. 1.3.7 Reminder of statement in section 5.5.11 Planning This is already included in section None Policy Wales that protected species are a material 1.5.1 consideration in considering development proposals. 1.3.7 Reminder of statement in section 5.5.12 Planning This is already discussed in part 1 None Policy Wales that planning authorities should take section 1.5.5 into account the three tests when considering planning proposals that may affect European protected species.

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1.3.7 The granting of planning permission either as a Accept comment, but more Comment included in part 1 section result of formal planning application or through appropriately inserted in section on 1.5.4 permitted development rights does not negate the European Protected Species fact that the relevant licences need to be obtained by the developer before implementing the planning permission. Failure to do so could lead to a wildlife crime being committed and possible prosecution. 1.3.8 Recommends re-writing of this section to address Amendments to sections 1.2 and See comments 13 to 18 and 26 to 32 comments on sections 1.2 and 1.3.7 1.3.7 have been discussed above. above

1.3.9 Recommends re-writing of this section to address Amendments to sections 1.2 and See comments 13 to 18 and 26 to 32 comments on sections 1.2 and 1.3.7 1.3.7 have been discussed above. above

1.3.12 Include text to the effect that consideration may be Accept comment This text included at the end of given to refusing planning permission where section 1.3.12 habitat loss cannot be mitigated or compensated. 1.3.12 Remove final sentence of paragraph discussing re- Accept comment Sentence removed creation of reens 1.4.8 Include proper title of Ramsar sites Accept comment Sentence amended to read 'Wetland of International Importance (known as Ramsar site)'

1.4.14 Recommends removal of reference to CCW's Accept comment Reference removed statutory regulatory powers be deleted as it is not relevant to the development control process 1.4.15 Gives the correct number of SSSIs and their Accept comment Section amended to reflect comments designations

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1.5.8 Recommends that this paragraph be amended as Accept comment Section amended to reflect comments follows "…sale of certain animals and plants…" 1.5.11 Recommends that the third sentence of this Accept comment Section amended to reflect comments paragraph be amended as follows "…all the relevant survey data and where appropriate, mitigation plans, must be included." 1.5.14 Recommends addition of text to this paragraph; "A Accept comment Recommended text included detailed method statement will be required by the applicant to describe how such work will be undertaken. A management plan should be written to state how the species will be conserved in the receptor site and describe any management requirements. This should be controlled by the use of a planning obligation (for example the use of a Section 106 agreement)." Appendix Recommends additions to the list of relevant UK Accept comments Section amended to reflect comments 1.A legislation Appendix Recommends referral to a range of WAG policy Accept comments Reference to Wales Spatial Plan 1.A initiatives which are directly relevant to this SPG included

2.3 Corrects the names of SSSIs Accept comments List of SSSIs updated

2.3 Two SSSIs missed off list Accept comments List of SSSIs updated

2.3 Cross-reference between designations of sites Accept comments Cross-references included where relevant

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2.4 Recommends amendments to Flat Holm LNR Accept comments Reference amended to include 'The description - at present it reads as though Flat site is also part of the Severn Estuary Holm is a SPA/Ramsar site in its own right SSSI, SPA & Ramsar Site.'

2.5 Amend entry to reflect the fact that Forest Fach/ The boundary of this SINC has None Graig Goch SINC falls partly within a SSSI already been altered so that the part of the SINC which fell within a SSSI has been removed. 2.5 Recommends rephrasing some of the SINC Accept comments Several SINC designations improved designations 2.6 Recommends that scrub and hedgerows be added Accept comments for dormice. Habitats suitable for dormice and to habitats for dormice, ditch systems for water Woodland edge as opposed to adders are amended. voles and woodland for adders woodland itself is important for adders. Ditch systems are covered in 'water courses' in the list of habitats for water voles Appendix CCW are aware of records for the invertebrates Accept comment These species highlighted in bold 2:A Bombus sylvarum and Bombus humilis type, indicating the fact that they are known to occur in Cardiff, in the Section 74 table

Appendix Other sources of biological records are available, Cardiff Biological Database is None 2:A and CCW recommends consultation with these continually updated with records sources in order to update the list of Section 74 from a range of sources, and Part 2 species known to occur in Cardiff of this SPG will be updated as necessary to reflect regular reviews of the list of Section 74 species known to occur in Cardiff

Approved by Cardiff Council 42 [22 June] 2006

For more information please contact: The Strategic Planning Manager Cardiff Council, CY1 County Hall, Atlantic Wharf, Cardiff CF10 4UW

Email: [email protected]

Appendix 3 (Part 2)

Supplementary Planning Guidance

Biodiversity Part 2: The Cardiff Resource

(For Council Approval in June 2006)

Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

CONTENTS Page

PART 2

2.1 Introduction 3

2.2 International/European Sites in Cardiff 5

2.3 Sites of Special Scientific Interest in Cardiff 6

2.4 Local Nature Reserves in Cardiff 9

2.5 Sites of Interest for Nature Conservation in Cardiff 10

2.5.1 Sites Identified in the Cardiff Nature Conservation 10 Strategy 1996/98 2.5.2 New Sites identified in the 2004/05 Review 25

2.6 Protected Species in Cardiff 28

Appendices to Part 2

2A List of Species and Habitats of Principal Importance for 31 Conservation of Biological Diversity 2B Revised List of LBAP Priority Species and Habitats in Cardiff 39 2C Cardiff Modifications to Guidelines for the Selection of 42 Wildlife Sites in South Wales 2D Cardiff Rarity 46 2E Invasive Non-native Species 48 2F Local Species (SAPs) and Habitat (HAPs) Action Plans 49 2G Map of Nature Conservation Sites in Cardiff 50

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2.1 INTRODUCTION

2.1.1 This draft Supplementary Planning Guidance (SPG) relates to policies concerning biodiversity in existing development plans for Cardiff (see Appendix 1B): It applies to all categories of development for which planning permission is required and includes comprehensive guidance on matters relating to biodiversity.

2.1.2 This SPG outlines:

• In Part 1 - how the Council will implement development plan policies relating to biodiversity, including how it will assess planning applications which could have an impact on biodiversity interests, the information applicants will need to provide to enable this, and the legislative framework within which the Council must operate.

• In Part 2 - the biodiversity/nature conservation1 resource of Cardiff, including designated sites and biodiversity priorities.

2.1.3 The guidance has been the subject of consultation as outlined in Appendix 1.G of Part 1 and Appendix B of Part 1 identifies the main changes made in response to comments received. It was approved by the Council on [22 June] 2006. This SPG supersedes the Cardiff Nature Conservation Strategy approved by the former Cardiff City Council in December 1995 (including the Pentyrch Addendum approved in January 1998). It is envisaged that Part 2 will be updated as necessary, to reflect any changes in international and national nature conservation designations, regular reviews of local designations and/or changes to national and local biodiversity priorities and action plans.

2.1.4 The Welsh Assembly Government supports the use of SPG to set out detailed guidance on the way in which development plan policies will be applied in particular circumstances or areas. SPG must be consistent with development plan policies and national planning policy guidance and may be taken into account as a material planning consideration in planning decisions.

2.1.5 The Council placed the Cardiff Unitary Development Plan on deposit in October 2003. However, following introduction of the European SEA (Strategic Environmental Assessment) Directive, in May 2005 the Council resolved, with the agreement of Welsh Assembly Government, to cease preparation of the Cardiff UDP and commence preparation of a Local Development Plan (LDP). Welsh Assembly Government guidance2 indicates that the deposited UDP may remain a consideration in development control decisions until such time as the LDP is adopted.

1 For the purposes of this document, ‘biodiversity’ (short for biological diversity) is taken to have the same meaning and be interchangeable with ‘nature conservation’. 2 Revisions to Draft Local Development Plans Wales (Welsh Assembly Government October 2005, paragraph 7.8)

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Appendix 1.C indicates references in the UDP to matters which are the subject of this guidance.

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2.2 INTERNATIONAL/EUROPEAN DESIGNATED SITES IN CARDIFF

Cardiff Beech Woods Special Area of Conservation (SAC)

Cardiff Beech Woods contains one of the largest concentrations of beech forests in Wales, and represent the habitat close to the western limit of its past native range in both the UK and Europe. The woods show mosaics and transitions to other types, including more acidic Beech woodland and Oak and Ash woodland. Characteristic and notable species in the ground flora include Ramsons, Sanicle, Bird’s-nest Orchid and Yellow Bird’s- nest.

Severn Estuary Special Protection Area (SPA)

The Severn Estuary SPA consists of intertidal mudflats and sandflats, saltmarsh, shingle and rocky shoreline. These habitats support internationally important populations of regularly occurring Bewicks Swan, an internationally important assemblage of wintering waterfowl and internationally important populations of Shelduck, Dunlin, Redshank, European White-fronted Goose and Gadwall.

Severn Estuary Ramsar Site

The Severn Estuary has been designated a Ramsar site because it is important for migratory birds during passage periods in spring and autumn and regularly supports over 20 000 waterfowl in winter. The site also regularly supports, during the same period, internationally important populations of five species of waterfowl. The Severn Estuary is also important for the run of migratory fish between the sea and rivers. Other unique features include an immense tidal range affecting physical environment and biological communities, unusual estuarine communities, reduced species diversity and high productivity.

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2.3 SITES OF SPECIAL SCIENTIFIC INTEREST IN CARDIFF

SITE NAME GRID REF. COMMUNITY

Castell Coch ST130827 Woodlands and Road Section

Ancient semi-natural Beech woodland which although intensively managed in the past maintains its ancient nature, with county rarities such as Bird’s-nest Orchid, Greater Butterfly Orchid and Yellow Bird’s-nest. Forms part of Cardiff Beech Woods Special Area of Conservation (SAC).

Coed y Bedw ST111826 Pentyrch

A diverse north-facing 17 ha broadleaved woodland with oak, birch, beech, ash and alder all occupying distinctive areas within the reserve. Lime-rich springs found in the southwest meet an acidic stream running eastward, while a small pond sits in the centre of the woodland, overlooked by coppiced alder.

Fforestganol a Chwm ST145835 /Tongwynlais Nofydd

An area of mixed deciduous woodland with Beech plus old, orchid-rich pasture, Alder woodland and calcareous flushes. One flush contains the nationally rare plant Rivularia biasolettiana. Woodland areas contain Solomon’s Seal, Yellow Bird’s-nest, Bird’s-nest Orchid and Wood Goldilocks. Herb Paris and Adder’s Tongue Fern have been recorded. Forms part of Cardiff Beech Woods Special Area of Conservation (SAC).

Ely Valley ST114764 St Fagans, Ely

The best station in Wales for Monk’s-hood. This rare plant has a population alongside several miles of the , occurring mainly in ditches, wetlands and woods immediately adjacent to the river.

Flat Holm ST222649 Butetown

Carboniferous limestone island dominated by coarse grassland and scrub with a maritime sward in the low western cliffs. There is a range of calcicolous plant species, and this is one of the few stations in Wales for the Wild Leek. Herring and Lesser Black-backed Gulls also nest here.

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SITE NAME GRID REF. COMMUNITY Garth Wood ST125821 Radyr

Mixed Beech-Ash woodland of uneven age, with Beech growing near the western limits of its natural range. Exhibits a well-developed understorey and is one of the few county locations for Bird’s-nest Orchid. Badgers are also present. Forms part of Cardiff Beech Woods Special Area of Conservation (SAC).

Glamorgan Canal/Long ST139809 Whitchurch Wood

An artificial wetland ecosystem adjoining river terrace beech woodland of considerable age. There is a range of habitats from open water, Alder carr, scrub and deciduous woodland. Includes important invertebrate species, birds and plants such as Arrowhead.

Gwent Levels - ST350800 Rumney, Trowbridge, Rumney and Rumney & Peterstone Peterstone

Supports a number of important plant species including Flowering-rush, Brackish Water-crowfoot, Frog-bit and Hair-like Pondweed. The aquatic invertebrate fauna is very diverse and contains many rare and notable species.

Lisvane Reservoir ST190822 Llanishen

A stream-fed reservoir of importance for birds, which makes a useful refuge on the northern outskirts of Cardiff for overwintering Mallard, Teal, Tufted Duck, Pochard, Coot, Divers, Grebes and passage migrants.

Llanishen and Lisvane ST185822 Embankments

An important site for grassland fungi, supporting 28 species of Waxcaps Hygrocybe.

Penylan Quarry ST198787

Geological SSSI. Exposure of the Wenlock Series of Silurian mudstones. Important fossil collections have come from this site and have been used worldwide in comparative dating of similar rocks.

Approved by Cardiff Council 7 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

SITE NAME GRID REF. COMMUNITY ST209789 Rumney Section

Geological SSSI: The most complete exposure of the Silurian strata containing the local Wenlock succession, Rumney Grit, Ludlow Series and Old Red Sandstone. There is some fossil significance.

Rumney Quarry ST215788 Rumney

Geological SSSI: A disused quarry showing exposures of Rumney Grit, littoral facies of the Wenlock Shales containing an unusual fossil fauna.

Severn Estuary , Rumney, Trowbridge, Butetown

Tidal estuary including salt marshes with Saltmarsh Rush, Sea Clover, Sea Milkwort and Thrift and intertidal mud flats important for birds. The estuary itself is important for migratory fish. This SSSI is part of the Severn Estuary Special Protection Area (SPA) and the Severn Estuary Ramsar Site.

Ty Du Moor ST 107792 Creigiau/St Fagans

Marshy grassland with bog fed by calcareous groundwater

Approved by Cardiff Council 8 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

2.4 DESIGNATED LOCAL NATURE RESERVES IN CARDIFF

SITE NAME GRID REF. COMMUNITY

Flat Holm ST222649 Butetown

Carboniferous limestone island dominated by rough grassland and scrub with a maritime sward on the low western cliffs. Flat Holm supports a gull breeding colony and a large range of calcicolous plant species. The site is also part of the Severn Estuary SSSI, SPA & Ramsar Site.

Glamorgan Canal ST139809 Whitchurch

An artificial wetland ecosystem adjoining river terrace beech woodland of considerable age. A range of habitats exist from open-water, Alder carr, scrub and deciduous woodland. The site is also a SSSI.

Hermit Wood ST137797 Radyr

Semi-natural Oak/Ash/Alder woodland with diverse ground flora including Toothwort.

Howardian ST205789 Roath

An area of semi-natural Oak woodland with Broad-leaved Helleborine and an area of reclaimed domestic rubbish tip in which grassland, marshland and pond habitats have been created. Exhibits Bee Orchid, Southern Marsh Orchid and Grass-leaved Vetchling.

Fforest Ganol & Cwm Nofydd ST144836 Tongwynlais, Rhiwbina

An area of ancient semi-natural woodland with Beech as the dominant species together with orchid rich pasture, Alder carr and calcareous flushes with a number of locally rare species such as Solomon’s Seal, Bird’s-nest Orchid and Wood Goldilocks.

Approved by Cardiff Council 9 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

2.5 SITES OF IMPORTANCE FOR NATURE CONSERVATION IN CARDIFF

2.5.1 Sites identified in the Cardiff Nature Conservation Strategy 1996 and Pentyrch Addendum 1998.

SITE NAME GRID REF COMMUNITY

Beach Sidings ST208744 Butetown

Calcareous grassland and scrub developing on former dock sidings with a unique population of Childing Pink, together with the locally rare orchids Autumn Lady’s-tresses and Green-winged Orchid.

Cardiff Heliport Fields ST211749 Butetown

Calcareous grassland with Common Broomrape, Chicory and Yellow Bartsia.

Caerau Wood ST133751 Caerau

Semi-natural Oak woodland with well developed scrub and ground layer with good species diversity indicative of ancient woodland.

Sweldon Wood ST129749 Caerau

Semi-natural oak woodland in poor condition but with a small Toothwort population, also includes scrub and rough calcareous grassland with Chicory and Yellow-wort.

Canton Common Ditch ST161756 Canton

A single ditch acting as a pond that is the only surviving remnant of the Canton Common marshlands. The ditch is slightly brackish and supports Sea Club- rush.

Blackweir & Dock Feeder ST172779 Castle

Secondary woodland with a varied natural and introduced ground flora and the former dock feeder canal and associated waterway vegetation. Lesser Spotted Woodpecker breeds. Arboretum includes a very small remnant of waxcap grassland including the rare UK BAP species Date-coloured Waxcap.

Roath Park Lake ST186801

An ornamental lake with resident pinioned bird population which is also important for overwintering and breeding wild birds.

Approved by Cardiff Council 10 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Rhyd-y-Pennau Complex ST188813 Cyncoed

An area of marshy Alder carr and secondary woods that compliment the adjacent Llanishen Reservoir.

Well Wood/Queen Wood ST197794 Cyncoed

An area of semi-natural woodland once part of the larger Llyn-y-Grant Uchaf Woodlands with its associated varied ground flora indicative of ancient woodlands.

Lakeside Community ST189801 Cyncoed Woodlands

A group of mixed deciduous woodlands that show possible indications of ancient nature.

Scott Wood ST188803 Cyncoed

Semi-natural Oak woodland with a ground flora indicative of ancient woodland

Swan Mear Wood ST193801 Cyncoed

Semi-natural Oak woodland with a ground flora indicative of ancient woodland

Discovery Wood ST189801 Cyncoed

Semi-natural Oak woodland with a ground flora indicative of ancient woodland

Roath Park Wild Gardens ST185802 Cyncoed

A small remnant of ancient woodland with extensive ground flora.

Nant Fawr Community ST186807 Cyncoed Woodlands

An area of semi-natural woodland, originally part of the ancient Coed-y-Llewyn, together with rough grassland including Dyer's Greenweed and the Nant Fawr stream

Nant-y-Plac Complex ST114755 Ely

An area of secondary Alder carr with a diversity of marshland plants together with amenity grassland, bracken and secondary woodland associated with the spoil from the Wenvoe railway tunnel.

Riverside Wood ST136768 Ely

Semi-natural woodland with a semi-calcareous ground flora on the steep sided river gravels of the River Taff with occasional Monk’s-hood along the riverbank.

Approved by Cardiff Council 11 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Glan Ely Wood ST131773 Fairwater

Secondary woodland on sloping river terrace of the River Ely with Wood Goldilocks and Monk’s-hood and an area of wet meadow with abundant Butterbur.

Fairwater Park - ST140779 Fairwater Stream Woodland & The Dell

Secondary streamside Alder woodland with Drooping Sedge and a small hill top pond. The pond has records of Great Crested Newts.

Gabalfa Woods ST166784

Secondary broadleaved woodland originally bordering the lower reaches of the Glamorgan Canal that includes Drooping Sedge.

Leckwith Pond & Marsh ST166743 Grangetown

Pond dug as a storm water storage facility dominated by common reed with marsh to the south with Austrian Yellow Cress and Sea Clover.

Heath Wood & Pond ST178799 Heath

Secondary Oak, alder and birch woodland with waterlogging during the winter together with a permanent pond of large species diversity including Great Crested Newts and breeding Tawny Owls and Sparrowhawks. Bats are also known in the area.

Coed-y-Felin ST182831 Lisvane

Semi-natural Oak/Ash and Beech woodland with diverse ground flora indicative of ancient woodlands together with the site of the old Llanishen watermill, the mill pond being clogged with emergent vegetation. One of only two sites in Cardiff for Giant Knotweed.

Parc Cefn Onn ST178840 Lisvane

Semi-natural woodland and formal ornamental grounds with a series of gravity fed ponds, many introduced species but maintaining in parts a ground flora indicative of its ancient nature including Wood Horsetail, Butchers Broom and Drooping Sedge.

Coed Transh yr Hebog ST176848 Lisvane

Semi-natural Oak and Beech ancient woodland with extensive bluebell carpets. Evidence of Dormouse.

Approved by Cardiff Council 12 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Coed-y-Graig ST194849 Lisvane

Semi-natural Oak/Ash woodland adjacent to the coniferous plantations of Coed Coesau whips with a varied fungus flora

Craig-Llwyn Road Wood ST195838 Lisvane

Semi-natural Oak/Alder damp woodland with Monk’s-hood and a varied fungus flora

Coed-ty-Llwyd ST188823 Lisvane

Semi-natural Oak/Alder woodland with varied ground flora indicative of ancient woodlands

Castell Mor Craig Wood ST165844 Lisvane

Very old semi-natural woodland with no shrub or ground layer on partially exposed rock outcrops of the Caerphilly Ridge

Springmeadow Wood ST192844 Lisvane

Ancient semi-natural woodland

Coetgae-sych ST191827 Lisvane

Semi-natural Oak/Alder woodland with occasional Beech with a flora indicative of ancient woodlands.

Coetgaepengam ST187828 Lisvane

Semi-natural Oak/Ash woodland with an area of Beech and Yew with a flora indicative of ancient woodlands.

Llwyn-y-Pia Marsh ST188834 Lisvane

Secondary Oak/Alder Carr, Alder plantation and Marshland with Marsh Ragwort, Sneezewort and Water Chickweed

Craig Llanishen ST172846 Lisvane

Semi-improved grassland with bracken. Adders present.

Coedcochwyn ST172819 Llanishen

Semi-natural woodland with a diverse ground flora indicative of ancient woodland

Approved by Cardiff Council 13 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Coedifanbychan/Coedtirhwnt ST168833 Llanishen

Semi-natural Oak, Ash and Beech woodland with localised Alder. The wood has a diverse ground flora.

Coed-y-Caeau ST176813 Llanishen

Semi-natural streamside woodland and damp hollows originally part of a much larger site that included reed beds, marsh, ponds and heath with Monk’s-hood, Marsh Orchid, Panicled and Drooping Sedge, Marsh Valerian and Lousewort.

Llwyn-crwnganol Wood ST17708320 Llanishen

Two blocks of secondary Alder Carr with occasional Oak, Ash and Sycamore exhibiting a good spring flora.

Llanishen Brook - Sainsbury's ST172828 Llanishen

A strip of streamside semi-natural Oak/Alder woodland with a good spring flora

Gwern-y-Bendy ST183818 Llanishen

Semi-natural Oak/Alder and Birch woodland with areas of commercial planting exhibiting a ground flora indicative of ancient woodland

Lisvane Station Wood ST178832 Llanishen

Secondary broad-leaved Oak/Alder and Beech woodland with a series of wet hollows with Wood Clubrush and Drooping Sedge and containing a unique population of the introduced plant species Skunk Cabbage

Llanishen Reservoir ST188819 Llanishen

Following the designation of Llanishen Reservoir embankments as a SSSI, the remaining SINC has been divided into two separate SINCs. See next section 2.5.2 for summary description of new sites.

Thornhill Primary School Pond ST174383 Llanishen

Pond with Great Crested Newt

Fishpond Wood ST218807

Remnant semi-natural Oak/Alder/Birch ancient woodland .

Coed-y-Cwar ST214802 Llanrumney

Semi-natural Oak/Ader/Birch woodland with a large component of Wild Cherry and a good ground cover.

Approved by Cardiff Council 14 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Lower Rookery ST219811 Llanrumney

Semi-natural ancient woodland with extensive bluebell carpet.

Rhymney River Valley ST211792 Llanrumney Complex

Salt-marsh, reed bed, rough grassland, marsh, ditch with Southern Marsh Orchid, Bee Orchid, Meadow Cranesbill and many typical local saltmarsh species.

Leckwith Woods ST155755 Michaelston

Mixed plantation with remnant areas of ancient woodland and abandoned quarries with varied ground flora including Herb Paris, Drooping Sedge, Thin- spiked Wood-sedge and Wood Vetch

Wern Goch ST204807 Pentwyn

Semi-natural Oak/Ash/Alder woodland with ground flora including Monk’s-hood and Solomon's Seal

Coed-y-Gores ST207802 Pentwyn

Semi-natural Oak/Ash/Alder ancient woodland with good spring flora.

Cyncoed Woodland ST198798 Pentwyn

Semi-natural Oak/Ash/Birch ancient woodland with good ground flora

Coed Peggy Giles ST202797 Pentwyn

Semi-natural Oak/Alder/Ash/Birch ancient woodland .

Chapel Wood ST203799 Pentwyn

Semi-natural Oak/Alder/Birch ancient woodland.

Coed Caewyddau ST205802 Pentwyn

Semi-natural Oak/Ash/Birch ancient woodland.

Pennsylvania ST199803 Pentwyn

Semi-natural Oak/Alder/Birch ancient woodland.

Approved by Cardiff Council 15 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Radyr Community Woods ST135797 Radyr

Semi-natural Oak/Ash/Alder and Beech woodland with diverse ground flora with Tufted Sedge, Solomon's Seal and Toothwort together with rough grassland and ponds. Part of site is a Local Nature Reserve

Coed Pant Tawel/ ST118809 Radyr Coedgae-fach

Semi-natural Oak/Ash/Birch woodland with an area of Beech and wet hollows, good ground flora, fungus flora and bird fauna with Great Crested Newt noted in the past.

Maerdy Woods ST122805 Radyr

Secondary Sweet Chestnut/Birch wet woodland with occasional Beech and Oak with very good ground flora.

Cwm Farm Pond & ST125819 Radyr Streamside Copse

Oak/Beech semi-natural woodland with good limestone ground flora indicative of ancient origins with a good abandoned agricultural pond of high diversity.

Gwern-y-Cegyrn ST116801 Radyr

Coniferous plantation on an ancient woodland site which retains ancient woodland flora.

Coed-y-Goetre ST120799 Radyr

Remnant semi-natural Oak/Ash ancient woodland.

Mynydd Woods ST129811 Radyr

Secondary Oak/Alder/Birch woodland with some Beech. On steep slopes of railway bank together with a northern stream woodland section noted for Great Wood-rush

Whitchurch Golf Course Pond ST150812 Rhiwbina

Pond with Great Crested Newts

Nant-y-Briwnant Complex ST160825 Rhiwbina

Semi-natural Oak/Alder woodland with very good streamside ground flora and associated marshland with Marsh Valerian, Bristle Club-rush and Bog Pimpernel

Approved by Cardiff Council 16 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Briwnant-Isaf Wood ST159830 Rhiwbina

Semi-natural Oak/Alder ancient woodland with marshland containing Lousewort

Briwnant Wood ST158836 Rhiwbina

Coniferous plantation on an ancient woodland site with relict ancient woodland flora

Coed-y-Briwnant ST157842 Rhiwbina

Coniferous plantation on an ancient woodland site.

Lamby Salt Marsh ST220780 Rumney

The remnant edges of the originally large Lamby Saltings that were reclaimed by landfill. Important for rare saltmarsh and coastal plants and as a rest place and breeding site for birds frequenting the Rhymney Estuary for feeding.

Lamby North ST217783 Rumney

Inland Salt Marsh on the tidal banks of the River Rhymney noted for Sea Milkwort etc.

Plymouth Great Wood ST130770 St. Fagans

Oak/Ash and Beech semi-natural ancient woodland with localised Alder and a number of exotic introductions. Noted for Monk's-hood, Wood Goldilocks, Meadow Saxifrage and Orange Balsam.

Coedbychan ST125778 St. Fagans

Beech plantation with occasional Oak and Sweet Chestnut showing some areas that have a flora indicative of ancient woodland.

Slanney Woods & Garn ST113785 St. Fagans

Mixed broadleaved and conifer plantation with a number of ancient woodland indicator species.

Waterhall Plantation & Pond ST127787 St. Fagans

Secondary Beech and Oak/Alder woodland and Larch plantation with Wood Goldilocks

Coed-y-Glyn ST111804 St. Fagans

Semi-natural Oak/Ash and Beech woodland with numerous species indicative of ancient woodland including Thin-spiked Wood-sedge and Early Purple Orchid

Approved by Cardiff Council 17 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

St Fagans ST115772 St. Fagans

Beech Plantations and ponds with semi-natural woodland. Breeding sites for Great Crested Newts and a Lesser Horseshoe Bat roost.

Coed-y-Gof ST124790 St. Fagans

Coniferous plantation on ancient woodland site with relict ancient woodland flora

Coed-y-Trenches ST117796 St. Fagans

Coniferous plantation on ancient woodland site with relict ancient woodland flora

Michaelston Marsh & Woods ST116767 St. Fagans, Ely

Secondary Oak/Ash woodland, marsh and ponds with Monk’s-hood and a ground flora indicative of ancient woodland, also Pond Water-crowfoot, Bladder Sedge and Nodding Bur-marigold

Tydu Marsh ST 109 796 St. Fagans

Marshy Grassland, adjacent similar habitat is now a SSSI.

Former St. Fagans ST118769 St. Fagans Branch Line

Abandoned GWR Branch line with sections of calcareous rough grassland

Former Llantrisant ST109797 St. Fagans, Fairwater No. 1 Branch Line

Abandoned GWR Branch line primarily calcareous Ash secondary woodland with some areas of waterlogging showing marshy characteristics.

Former Penhros Branch Line ST113805 St. Fagans, Radyr

Abandoned GWR Branch line primarily calcareous Ash secondary woodland with some areas of waterlogging showing marshy characteristics.

Cefn Mably Woods ST211842 St. Mellons

Coniferous plantation with some areas of broadleaved plantation and other areas of remnant ancient woodland. High diversity of plants and good for invertebrates and birds.

Pontprennau Wood ST213821 St. Mellons

Semi-natural Alder/Birch woodland with Panicled Sedge and Marsh Valerian.

Approved by Cardiff Council 18 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Malthouse Wood ST208832 St. Mellons

Semi-natural Alder/Ash with Oak woodland noted for Thin-spiked Wood-sedge

Pengam Moors ST218770 Splott

Artificial habitat with strong maritime influences and network of drainage channels with the locally rare plants Sea Clover and Brackish Water Crowfoot.

Tidal Sidings ST208755 Splott

Rank calcareous grassland and Buddleia scrub developing on former railway line and sidings with a population of the locally rare plants Pyramidal Orchid and Autumn Lady’s Tresses.

Ocean Park South ST203754 Splott

Artificial habitat on former steel works tending towards calcareous grassland with Bee Orchid, Common Broomrape and Yellow-wort.

Fforest-fawr ST135834 Tongwynlais

Mixed conifer and beech plantation on an ancient woodland site still maintaining a varied ground flora indicative of its ancient nature. Supports a colony of Silver- washed Fritillary butterflies.

Greenmeadow Wood ST141823 Tongwynlais

Semi-natural Oak/Birch woodland with localised Beech, good shrub and ground layer including Wood Goldilocks and a number of introductions, good for woodland birds and mammals which include Dormice and Badgers

Fforest-fach/Graig-goch ST145835 Tongwynlais

A disused quarry and surrounding habitats with calcareous flushes. Supports Broad-leaved and Common Cottongrass and Marsh Orchids.

Cath Cobb Wood ST234811 Trowbridge

Secondary Oak/Ash woodland with good shrub and ground layer with many ancient woodland indicative species.

Melingiffith & Feeder ST142800 Whitchurch

Secondary broadleaved woodland and feeder canal for the Old Melingriffith Tin Works with diverse flora.

Approved by Cardiff Council 19 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

River Ely ST17 Grangetown, Canton, Caerau, Ely, Fairwater & St. Fagans

Important for migratory fish, Otters, wildfowl and bankside vegetation. Acts as a major wildlife corridor.

River Rhymney ST 27 & ST28 Splott, Rumney, Roath, Pentwyn, Llanrumney & St. Mellons

Important for migratory fish, Otters, wildfowl and bankside vegetation. Acts as a major wildlife corridor.

River Taff ST17 & ST18 Grangetown, Butetown Riverside, Tongwynlais Gabalfa, Llandaff, , Radyr, Whitchurch, Castle

Important for migratory fish, Otters, wildfowl and bankside vegetation acts as a major wildlife corridor.

Nant Dowlais Stream Complex St. Fagans

Important unimproved tributary stream complex.

Nant Dowlais ST106788 St. Fagans

Unimproved tributary with diverse bankside vegetation.

Nant y Glaswg ST101791 St. Fagans

Unimproved tributary with diverse bankside vegetation.

Nant Rhydlafer ST114799 St. Fagans, Radyr

Unimproved tributary with diverse bankside vegetation.

Nant Gwladys ST110802 St. Fagans

Unimproved tributary with diverse bankside vegetation

Nant Glandulais Stream Complex Lisvane

Important unimproved tributary stream complex.

Approved by Cardiff Council 20 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Nant Glandulais ST198821 St. Mellons, Lisvane Pentwyn Unimproved tributary with diverse bankside vegetation with Monk’s-hood and known as a good trout stream.

Nant y Draenog ST202828 St. Mellons

Unimproved tributary with diverse bankside vegetation

Nant y Felin ST194839 Lisvane

Unimproved tributary with diverse bankside vegetation with Monk’s-hood

Nant Ty Draw Fach ST189842 Lisvane

Unimproved tributary with diverse bankside vegetation

Nant Ty Draw ST188835 Lisvane

Unimproved tributary with diverse bankside vegetation

Nant Fawr Stream Complex

Important unimproved tributary stream complex. Acts as a major wildlife corridor.

Nant Fawr ST184824 Lisvane, Llanishen Cyncoed

Unimproved tributary with diverse bankside vegetation

Nant Transh yr hebog ST179849 Lisvane

Unimproved tributary with diverse bankside vegetation

Roath Brook ST198778 Roath

Mainly canalised tributary with diverse bankside vegetation

Llanishen Brook ST172828 Lisvane, Llanishen

Unimproved tributary with diverse bankside vegetation with Monk’s-hood

Nant Nofydd ST148827 Tongwynlais Rhiwbina

Unimproved tributary with diverse bankside vegetation

Approved by Cardiff Council 21 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Nant-y-Briwnant ST159833 Rhiwbina

Unimproved tributary with diverse bankside vegetation

Afon Clun ST071826 Pentyrch

A small section of this river crosses the NW corner of the community. It is important for its riparian and aquatic habitat.

Blaen Buellai Complex ST105827 Pentyrch

A large marshland complex including areas of ancient woodland & hedgerows, old field system of mire and semi-improved grassland.

Cadoxton & Trehafod ST094790 Pentyrch Branch Line

Abandoned GWR Branch line primarily calcareous Ash secondary woodland with some areas of waterlogging showing marshy characteristics and immature calcareous grassland.

Castell-y-Mynach Wood ST083806 Pentyrch

An area of semi-natural ancient woodland bounded by the Nant Henstaff to the South-east. The woodland is mainly Oak dominated with a central area of Beech with fringing Alder carr to the west and north. A good scrub and field layer.

Coed Gwernybwlau ST086796 Pentyrch

Ancient semi-natural Oak/Beech woodland with adjacent mire communities and old hay meadows next to the M4 possibly remnant from an old parkland.

Coed Rhiw't Ceiliog ST114836 Pentyrch

The site includes a remnant area of Beech high forest to the North and a remnant area of wood pasture to the West. The ground flora is limited by the effects of afforestation. A small valley-bottom marsh extends from the main woodland site in the South.

Coed Tre Wern ST105808 Pentyrch

An area of secondary (possibly ancient) semi-natural broadleaved valley woodland along the Nant Gwladys. The canopy is mainly Alder with large areas of impeded drainage with ground flora indicative of ancient semi-natural broadleaved woodlands

Approved by Cardiff Council 22 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Coed-y-Creigiau ST084821 Pentyrch

An area of steep and rugged ancient semi-natural Beech woodland with recent secondary regeneration in areas to the south of the site previously affected by quarrying operations and coniferous replanting to the north.

Craig-y-Parc ST094807 Pentyrch

An area of ancient semi-natural Beech woodland with south facing semi- improved grassland to the east being encroached by Bracken.

Craig-y-Stanel Wood ST090812 Pentyrch

An area of Beech high forest with Hazel and Birch scrub which is possibly of ancient origin as its ground flora is indicative of ancient semi-natural woodland.

Cwmrhyddgoed ST115820 Pentyrch

An area of possibly ancient semi-natural Beech/Oak woodland with adjacent scrub and semi-improved calcareous grassland rapidly being encroached by scrub and bracken due to agricultural abandonment.

Former Llantrisant ST109797 Pentyrch, St. Fagans No. 1 Branch Line & Fairwater

Abandoned GWR Branch line primarily calcareous Ash secondary woodland with some areas of waterlogging showing marshy characteristics.

Llys-y-Coed ST090811 Pentyrch

An area of ancient semi-natural woodland with standard low diversity Beech inhibited ground flora. Bracken is encroaching into the adjacent semi-natural grassland, bounded to the east by the Nant y Glaswg.

Maes Wood ST076812 Pentyrch

An area of ancient broadleaved woodland lying in a complex of springs that feed the Nant Coslech.

Nant Coslech ST074802 Pentyrch

Unimproved tributary with diverse riparian habitat including a number of quality in-line and off-line ponds.

Nant Cwmllwydrew ST118830 Pentyrch

Unimproved tributary with diverse riparian habitat.

Approved by Cardiff Council 23 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Nant Henstaff ST083800 Pentyrch

Unimproved tributary with diverse riparian habitat including a quality in-line pond and adjacent wet woodland and mires with a large population of Monk’s-hood.

Nant-y-Cesair ST076827 Pentyrch

Unimproved tributary with diverse riparian habitat.

Nant-y-Glaswg ST101791 St. Fagans, Pentyrch

Unimproved tributary with diverse bankside vegetation

Pencoed Wood ST091799 Pentyrch

An area of semi-natural ancient Oak over Hazel ancient woodland with Alder Carr along the line of the Nant-y-Glaswg with characteristic ancient semi-natural woodland ground flora.

The Garth ST106836 Pentyrch

A large upland common with semi-improved grassland on its upper slopes and a small area of upland heath on the steeper slopes. Small marshes exist on the upper slope together with a unique flushed mire/bog.

Tyn-y-coed Complex ST086829 Pentyrch

An extremely complex site based on an ancient semi-natural woodland site. Some areas appear to retain remnant areas of ancient semi-natural woodland and their associated ground flora especially on steep slopes.

Following a recent review of Sites of Interest for Nature Conservation in 2004/5, three sites identified in the Cardiff Nature Conservation Strategy (1996/1998) have been deleted:

• Coed-y-Wenallt and Lesser Garth Wood - because they have been designated as SSSIs.

• River Ely Wharves – because the inter-tidal habitats have been lost as a result of the and the remainder of the terrestrial habitat has been lost to development.

Approved by Cardiff Council 24 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

2.5.2 New SINCs identified in the 2004/5 Review

Following the designation of Llanishen Reservoir embankments as a SSSI, the former SINC has been divided into separate SINCs as described below.

Llanishen Reservoir ST 187 818

A large reservoir mainly fed by rainwater. Supports the only known populations of Perfoliate Pondweed and the stonewort Nitella flexilis in Cardiff. It also an important breeding site for Common Toad. Attracts small numbers of wintering and migrating birds.

Llanishen Reservoir Grassland and Scrub ST 186 813

An area of grassland and scrub which supports a good population of Grass Snakes, and the only known population of Glow-worms in Cardiff. Also supports Wood Club-rush.

Blaengwynlais Quarry Fields ST 144 843

Semi-improved calcareous grassland supporting the only population of Autumn Gentian in Cardiff.

Cardiff Bay Wetland Reserve ST 188 740

Former saltmarsh, now a complex of shallow lagoons and grassland. Supports important population of wintering birds including Snipe and Teal. An important spawning area for coarse fish in Cardiff Bay.

Cefn Onn Amenity Field ST 176 843

An important site for Waxcap fungi with at least 12 species including Pink Meadow Waxcap.

Trewern Field Pentyrch ST 104 807

Semi-improved neutral grassland with some waxcaps.

Coedcaebasset ST 098 839

Semi-natural ancient woodland.

Coedgae Fawr ST 114 810

Semi-natural ancient woodland.

Coryton Interchange ST 140 816

Post-industrial grassland with good populations of orchids and Long-winged Conehead.

Approved by Cardiff Council 25 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Coryton Wood ST 140 811

A mixed woodland supporting the only Heronry in Cardiff.

Creigau Railway Fields ST 080 823

Marshy grassland including species-rich rhos pasture.

Goitre-Fawr Ponds ST 116 806

Cluster of three ponds with breeding Great Crested Newts.

Groes Faen Fen Meadow ST 073 805

Species-rich Fen-Meadow with a pond and Marsh Helleborine.

Groes Faen Wood ST 075 805

Semi-natural ancient woodland including some areas of wet woodland.

Henstaff Rhos Pasture ST 079 804

Species–rich Rhos Pasture.

Lower Rookery Wood ST 219 810

Semi-natural ancient woodland with extensive carpet of Bluebells.

Pentrebane Cottage Ponds ST 119 788

Two ponds with Great Crested Newts.

Drove Lane, Pentyrch ST 112 812

An ancient green lane with rich ancient woodland flora.

Twmpath Fields ST 153 822

An important site for waxcaps with 14 species.

Tyla Farm Woods ST 239 825

Semi-natural ancient woodland divided by the A48.

Wenallt Road Field, Rhiwbina ST 155 827

An important site for waxcaps with at least 9 species including Pink Meadow Waxcap.

Approved by Cardiff Council 26 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Radyr Cricket Club ST 137 803

An important site for waxcaps with at least 19 species.

Twynau Gwynion ST 153 837

An important site for waxcaps with at least 13 species.

Approved by Cardiff Council 27 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

2.6 PROTECTED SPECIES IN CARDIFF

The habitats, known distribution and legal protection of protected species in Cardiff

Species Habitats Distribution in Legal Protection Cardiff (see below for abbreviations)

Great Crested Breeds in ponds; Mainly in the west CR, WCA Sch 5 Newt forages in between the M4 (full) Triturus adjacent and River Ely, but cristatus grassland and scattered records woodland; across the city hibernates underground.

Otter Breeds in Present on the CR, WCA Sch 5 Lutra lutra riverbanks; rivers Ely, Taff (full) forages and Rumney; also extensively along occurs on watercourses and tributaries and other water other water bodies. bodies.

Dormouse Woodland, scrub Modern records CR, WCA Sch 5 Muscardinus and hedgerows. all north of M4 but (full) avellanarius historic record in Roath.

Bats (all species) Breeding sites Some species CR, WCA Sch 5 Rhinolophidae include trees, such as (full) and buildings and Pipistrelles are Vespertilionidae underground widespread voids depending across the county, on the species, other very hibernation roosts localised. may be in different locations.

Water Vole Breeds in Formerly WCA Sch 5 Arvicola riverbanks; widespread, now (sec9[4]) terrestris forages on probably only marginal occurs in the vegetation Gwent Levels adjacent to water courses and water bodies.

Approved by Cardiff Council 28 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Badger Breeding Setts Widespread in the Protection of Meles meles usually in north of Cardiff Badgers Act 1992 woodlands; forages mostly in woodland and grasslands

Adder Heathland, Mostly north of WCA Sch 5 (sec 9 Vipera berus grassland and the M4 [1&5]) woodland edge.

Grass Snake Grassland and Recorded from WCA Sch 5 (sec 9 Natrix natrix watercourses and Gwent levels, [1&5]) waterbodies Lisvane reservoir and Forest Farm, but possibly widespread in suitable habitat

Slow-worm Grasslands, Probably WCA Sch 5 (sec 9 Anguis fragilis scrub, allotments, widespread [1&5]) gardens, railway including urban embankments locations and brownfield sites.

Common Lizard Grasslands, Formerly probably WCA Sch 5 (sec 9 Zootoca vivipara scrub, railway widespread now [1&5]) embankments much more and brownfield localised. sites.

Barn Owl Breeds in Gwent levels and WCA Sch 1 Tyto alba buildings, trees north Cardiff and quarries; forages over grassland

Peregrine Breeds on Mainly north WCA Sch 1 Falco peregrinus buildings and in Cardiff quarries; forages widely.

Kingfisher Breeds in river Widespread along WCA Sch 1 Alcedo atthis banks; forages on watercourses watercourses and lakes.

Approved by Cardiff Council 29 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Cetti’s Warbler Willow, usually Gwent levels WCA Sch 1 Cettia cetti adjacent to reeds.

Childing Pink Dry grassland Only one site on WCA Sch 8 Petrorhagia nanteuilii

Abbreviations

CR – Conservation (Natural Habitats &c.) Regulations 1994 (which implement the European Council Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (92/43/EEC) which is referred to in the Regulations as the “Habitats Directive”.

WCA – Wildlife and Countryside Act 1981 (as amended). Sch 5 (full) – Schedule 5 – full protection. Sch 5 (sec9[1&5]) – in respect of section 9 paragraphs 1 and 5 only. Protection for reptiles under section 9(1) extends to intentional killing and injury only. Sch 5 (sec9[4]) – in respect of section 9 paragraph 4 only. Sch 1 – Schedule 1 (birds protected by special penalties) Sch 8 – Schedule 8 (Plants)

Note: Animals which are protected by the Wildlife and Countryside Act 1981 (as amended) in respect of Schedule 9, section 5 (sale) only are not listed. Also most birds and their nests and eggs are protected. The schedule 1 birds listed receive additional protection in respect of disturbance during the breeding season.

Approved by Cardiff Council 30 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

APPENDIX 2A: LIST OF SPECIES AND HABITATS OF PRINCIPAL IMPORTANCE FOR CONSERVATION OF BIOLOGICAL DIVERSITY

This list has been prepared by the Welsh Assembly Government under Section 74 of the Countryside and Rights of Way Act 2000. It identifies the living organisms (species) and habitat types that the National Assembly for Wales considers of principal importance for the purpose of conserving biological diversity in accordance with the 1992 United Nations Convention on Biological Diversity. Those species in bold type are known to occur in Cardiff. Knowledge of the distribution of some groups such as insects is not complete and therefore some species not in bold may occur in Cardiff.

MAMMALS Lead partner Contact Arvicola terrestris Water vole EA EA Barbastella barbastellus Barbastelle bat Bat Conservation Trust EN Lepus europaeus Brown hare Mammal Society/GCT CCW Lutra lutra Otter Wildlife Trusts/EA EA Muscardinus Dormouse Wildlife Trusts/EN EN avellanarius Myotis bechsteinii Bechstein's bat Bat Conservation Trust EN Pipistrellus Pipistrelle bat Bat Conservation EN pipistrellus Trust Rhinolophus Greater EN/CCW EN ferrumequinum horseshoe bat Rhinolophus Lesser Bat Conservation CCW hipposideros horseshoe bat Trust Sciurus vulgaris Red squirrel JNCC EN

BIRDS Lead partner Contact Acrocephalus Aquatic warbler RSPB CCW paludicola Alauda arvensis Skylark RSPB DEFRA Botaurus stellaris Bittern RSPB EN Caprimulgus Nightjar RSPB FC europaeus Carduelis cannabina Linnet RSPB DEFRA Circus cyaneus Hen harrier Crex crex Corncrake RSPB SE Emberiza citrinella Yellowhammer Emberiza Reed bunting RSPB EN schoeniculus Melanitta nigra Common scoter RSPB/WWT SNH Miliaria calandra Corn bunting RSPB DEFRA Muscicapa striata Spotted RSPB EN/CCW flycatcher Numenius arquata Curlew

Approved by Cardiff Council 31 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Passer montanus Tree sparrow RSPB DEFRA Perdix perdix Grey Partridge GCT DEFRA Pluvialis apricaria Golden plover Pyrrhocorax Chough pyrrhocorax Pyrrhula pyrrhula Bullfinch RSPB DEFRA Sterna dougallii Roseate tern RSPB EHS Stretopelia turtur Turtle dove RSPB/EN DEFRA Turdus philomelos Song thrush RSPB EN Tetrao tetrix Black grouse RSPB & GCT SNH Vanellus vanellus Lapwing

FISH Lead partner Contact Alosa alosa Allis shad EA DEFRA Alosa fallax Twaite shad EA DEFRA

AMPHIBIANS AND REPTILES Lead partner Contact Bufo calamita Natterjack toad HCT/EN EN Lacerta agilis Sand lizard EN/HCT EN Triturus cristatus Great crested Froglife/HCT/BHS EN newt

INVERTEBRATES Lead partner Contact Argynnis adippe High brown Butterfly Conservation EN fritillary Asilus crabroniformis Hornet robber fly CCW CCW Austropotamobius White-clawed EA EA pallipes crayfish Bembidion testaceum a ground beetle EA CCW Bidessus minutissimus a water beetle EA CCW Boloria euphrosyne Pearl-bordered Butterfly Conservation SNH fritillary Bombus humilis a carder Bombus Working EN bumble-bee Group/EN Bombus sylvarum Shrill carder bee Bombus Working EN Group Bombylius discolor Dotted beefly EN EN Brachyptera putata a stonefly Action for Invertebrates SNH Cicindela germanica H a tiger beetle EN EN Cliorismia rustica a stiletto fly EA CCW Coenagrion mercuriale Southern Wildlife Trusts EA damselfly Cosmis diffinis White-spotted Butterfly Conservation EN pinion Dolomedes plantarius Fen raft spider EN EN Eurodryas aurinia Marsh fritillary Butterfly Conservation CCW

Approved by Cardiff Council 32 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Eustroma reticulata Netted carpet Butterfly EN moth Conservation/National Trust Formica candida Black bog ant Wildlife Trusts CCW Heliophobus reticulata Bordered gothic Butterfly Conservation EN Hemaris tityus Narrow-bordered Butterfly Conservation CCW bee hawkmoth Hirudo medicinalis Medicinal leech RSPB SNH Hydrelia sylvatica Waved carpet Butterfly Conservation EN Hydrochara caraboides Lesser silver Balfour Browne Club EN diving beetle Hydroporus rufifrons a diving beetle Balfour Browne Club EN Hypena rostralis Buttoned snout Butterfly Conservation EN Idaea dilutaria Silky wave Butterfly Conservation CCW Jodia croceago Orange Butterfly Conservation EN upperwing Lionychus quadrillium a ground beetle EA CCW Lipsothrix nervosa a cranefly CCW EN Lipsothrix nigristigma a cranefly EN EN Lucanus cervus Stag beetle PTES EN Lycia zonnia britannica Belted beauty Butterfly Conservation CCW Margaritifera Freshwater pearl SNH/EA SNH margaritifera mussel Melanapion minimum a weevil University of Leeds EN Meotica anglica a rove beetle EA CCW Mythimna turca Double line Butterfly Conservation CCW Myxas glutinosa Glutinous snail EA EA Noctua orbona Lunar yellow Butterfly Conservation EN underwing Odontomyia hydroleon a soldier fly CCW CCW Osmia parietina a mason bee Bombus Working EN Group/EN Osmia xanthomelana a mason bee Bombus Working Group CCW /CCW Panagaeus crux-major a ground beetle CCW/EN CCW Pechipogo strigilata Common fan-foot Butterfly Conservation EN Perileptus areolatus a ground beetle EA CCW Pisidium tenuilineatum Freshwater pea EA EA mussel Plebejus argus Silver-studded Butterfly Conservation EN blue Polia bombycina Pale shining Butterfly Conservation EN brown Procas granulicollis a weevil CCW CCW Pseudanodonta Depressed river EA EA complanata mussel

Approved by Cardiff Council 33 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Rheumaptera hastata Argent and sable Butterfly Conservation EN Spiriverpa (Thereva) a stiletto fly EA CCW lunulata Synaptus filiformis a click beetle EA Synanthedon Welsh clearwing Butterfly Conservation scoliaeformis Thecla betulae Brown hairstreak Butterfly Conservation Thinobius newberyi a rove beetle EA CCW Vertigo moulinsiana Desmoulin's EN EA whorl snail Vertigo angustior Narrow-mouth CCW CCW whorl snail Vertigo geyeri Geyeri's whorl CCW CCW snail Xestia rhomboidea Square-spotted Butterfly Conservation EN clay Xylena exsoleta Sword-grass Butterfly Conservation SNH

VASCULAR PLANTS Lead partner Contact Asparagus officinalis Wild asparagus National Trust CCW Campanula patula Spreading Plantlife bellflower Carex muricata ssp. Prickly sedge EN EN muricata Chamaemelum nobile Wild chamomile Cotoneaster Wild cotoneaster CCW CCW integerrimus (cambricus) Dianthus armeria Deptford pink Plantlife EN/CCW Euphrasia cambrica An eyebright RBGE CCW Euphrasia rivularis An eyebright RBGE CCW Fumaria purpurea Purple ramping EN DEFRA fumitory Galeopsis angustifolia Red hemp-nettle Plantlife DEFRA Gentianella campestris Field gentian Gentianella uliginosa Dune gentian CCW CCW Juniperus communis Juniper Plantlife FC endemic Limonium (5 Sea lavenders National Trust/BSBI EN spp.) Liparis loeselii Fen orchid Wildlife CCW Trusts/EN/RBG(K) Luronium natans Floating water- British Waterways Board CCW plantain Lycopodiella inundata Marsh clubmoss Plantlife CCW/EN Mentha pulegium Pennyroyal EN EN Pilularia globulifera Pillwort CCW/Plantlife SNH

Approved by Cardiff Council 34 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Potamogeton Grass-wrack British Waterways Board EN compressus pondweed Ranunculus tripartitus Three-lobed Plantlife EN water crowfoot Rumex rupestris Shore dock Plantlife EN Scandix pecten-veneris Shepherd's Plantlife DEFRA needle Silene gallica Small flowered Plantlife DEFRA catchfly Sorbus leyana A whitebeam National Botanic Garden CCW of Wales Trichomanes speciosum Killarney fern EN/NHM CCW Valerianella rimosa Broad-fruited Plantlife DEFRA cornsalad Woodsia ilvensis Oblong woodsia RBG(E) SNH

LICHENS Lead partner Contact Bacidia incompta a lichen Plantlife SNH Biatoridium a lichen Plantlife SNH monasteriense Bryoria smithii a lichen EN EN Caloplaca Iuteoalba Orange-fruited NHM EN elm lichen Catapyrenium Tree RBG(E) RBG(E) psoromoides catapyrenium Chaenotheca a lichen CCW CCW phaeocephala Cladonia peziziformis a lichen Plantlife EN Collema dichotomum River-jelly lichen EA EA Graphina pauciloculata A lichen EN EN Heterodermia Ciliate strap- Plantlife EN leucomelos lichen Opegrapha a lichen CCW paraxanthoides Pseudocyphellaria a lichen RBG(E) RBG(E) norvegica Schismatomma a lichen RBG(E) RBG(E) graphidioides

MOSSES AND LIVERWORTS Lead partner Contact Bartramia stricta Rigid apple-moss CCW CCW Bryum neodamense H Long-leaved Plantlife EN thread moss Bryum warneum Sea bryum Plantlife EN Cephaloziella Greater EN/NHM EN nicholsonii H copperwort

Approved by Cardiff Council 35 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Cryphaea lamyana Multi-fruited river Plantlife EA moss Ditrichum plumbicola a moss EN/NHM EN Drepanocladus Slender green CCW CCW vernicosus feather moss Fissidens exiguous a moss Plantlife EA Orthodontium gracile Slender thread RBG(K)/RBG(E) EN moss Pallavicinia lyellii Veilwort RBG(K)/Plantlife EN Petalophyllum ralfsii Petalwort Plantlife CCW Riccia huebeneriana Violet crystalwort Plantlife EA Sematophyllum Prostrate feather CCW CCW demissum moss Sphagnum balticum H Baltic bog moss Plantlife EN Weissia multicapsularis a moss EN EN Weissia rostellata a moss Plantlife EA

FUNGI Lead partner Contact Armillaria ectypa a fungus EN EN Clavaria zollingeri a fairy club Plantlife Hericium erinaceum a hedgehog EN EN fungus Hydnoid fungi* (3 spp. Plantlife EN/SNH In Wales). Hygrocybe Pink meadow Plantlife CCW calyptriformis waxcap Hygrocybe spadicea Date-coloured Plantlife CCW waxcap Microglossum an earth-tongue Plantlife CCW olivaceum Poronia punctata Nail fungus Wildlife Trusts EN

STONEWORTS Lead partner Contact Chara curta Lesser bearded Plantlife EN stonewort Nitella gracilis Slender Plantlife EN stonewort Nitella tenuissima Dwarf stonewort NWWT CCW

MARINE Lead partner Contact Anotrichium barbatum a red alga CCW CCW Atrina fragilis Fan mussel Marine Conservation EHS Society Cetorhinus maximus Basking shark WWF/Wildlife EN Trusts/Shark Trust Eunicella verrucosa Pink sea fan Wildlife Trusts EN

Approved by Cardiff Council 36 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Ostrea edulis Native oyster Shellfish Association of EN Great Britain Phocoena phocoena Harbour porpoise JNCC DEFRA Raja batis Common skate Shark Trust SNH Baleen whales JNCC DEFRA Commercial fish DEFRA DEFRA species Marine turtles British Herpetological SNH Society/Marine Conservation Society Small dolphins JNCC DEFRA Toothed whales JNCC DEFRA

Habitats Priority Habitats Lead Partner Terrestrial/Tirol Broadleaved, mixed and yew Upland oak woodland FC woodland Lowland beech and yew woodland FC Upland mixed ash woodland FC Wet woodland FC Wood pasture & parkland EN Lowland mixed deciduous FC woodland Upland birch woodland FC Boundary and linear Ancient and/or species rich DEFRA features Hedgerows Arable and horticultural Cereal Field Margins DEFRA Improved grassland Coastal and floodplain grazing EN marsh Neutral grassland Lowland meadows CCW Calcareous grassland Lowland calcareous grassland EN Upland calcareous grassland CCW Acid grassland Lowland dry acid grassland EN Dwarf shrub heath Lowland heathland EN Upland heathland EN Fen, marsh and swamp Fens EN Purple moorgrass and rush CCW pastures Reedbeds EN Bogs Lowland raised mire EN Blanket bog SNH Standing open waters and Mesotrophic lakes EA/SEPA canals Eutrophic standing waters EA Aquifer-fed naturally fluctuating EA water bodies

Approved by Cardiff Council 37 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Inland rock Limestone pavements CCW Supralittoral rock Maritime cliff and slope CCW Supralittoral sediment Coastal sand dunes SNH Coastal vegetated shingle EN Littoral sediment Saltmarsh EA

Marine / Morol Seagrass beds EHS Maerl beds SNH Mud habitats in deep water SNH Mudflats EA Sheltered muddy gravels Subtidal sands and gravels EN Saline lagoons EN Tidal rapids CCW/EHS Modiolus modiolus beds Horse mussel beds CCW Sabellaria alveolata reefs Honeycomb worm reefs EN Sabellaria spinulosa reefs EN

Key

BHS British Herpetological Society BSBI Botanical Society of the British Isles CCW Countryside Council for Wales DEFRA Department for Environment , Food & Rural Affairs EA Environment Agency EHS Environment and Heritage Service EN English Nature FC Forestry Commission GCT Game Conservancy Trust HCT Herpetological Conservation Trust JNCC Joint Nature Conservation Committee NHM Natural History Museum NWWT North Wales Wildlife Trust RBG(E) Royal Botanic Gardens (Edinburgh) RBG(K) Royal Botanic Gardens (Kew) RSPB Royal Society for the Protection of Birds SEPA Scottish Environment Protection Agency SNH Scottish Natural Heritage WWF Worldwide Fund for Nature WWT Wildfowl and Wetlands Trust

Approved by Cardiff Council 38 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

APPENDIX 2B: REVISED LIST OF LBAP PRIORITY SPECIES AND HABITATS IN CARDIFF

Introduction

‘Wild about Cardiff’ – the Cardiff Local Biodiversity Action Plan (LBAP) was adopted by Cardiff Council in November 2001. It contains a section on proposed species and habitat action plans. This states that: “The fortunes of many species and habitats are likely to change over time. It will therefore be necessary to review the list of species and habitats, as new information is assessed” (page 46). The list of proposed species and habitat action plans in the LBAP has been reviewed in light of new information. The review has also had regard to the list of species and habitats identified in the UK Biodiversity Action Plan and the ’List of Species and Habitats of Principal Importance for the Conservation of Biological Diversity’ published by the Welsh Assembly Government 2003. The revised list includes all the UK and Wales priorities that are known to occur and Cardiff and uses names of habitats which are consistent with those used in these lists. It also includes local priorities. Draft action plans have been prepared for some species and habitats on the revised list.

List of Habitat and Species Action Plans

SPECIES HABITATS Bats Gardens Childing Pink Woodlands Dormouse Ponds Great Crested Newt Rhos Pasture Hawfinch Reedbed Otter Maritime Cliff and Slope Pied Flycatcher Silver Washed Fritillary Stag Beetle Water Vole Waxcaps

List of Priority Habitats in Cardiff

Local HABITATS UKBAP Section 74 Priority Arable and horticulture Calcareous grassland Coastal and floodplain grazing marsh Coastal saltmarsh Fen, marsh and swamp Hedgerows Maritime cliff and slope Mudflats Neutral grassland

Approved by Cardiff Council 39 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Purple Moor-grass and rush pastures Reedbed Sabellaria alveolata reefs Standing open water and canals Woodlands Built up areas and gardens Rivers and streams Urban Disused quarries Parks Road verges Veteran trees

List of Priority Species in Cardiff

SPECIES UK BAP Section 74 RSPB Butterfly Conservation Red Data Book Local priority Bats Brown Hare Dormouse Great Crested Newt Otter Sea Lavender Stag Beetle Water Vole Waxcaps Linnet Skylark Spotted Flycatcher Bordered Gothic Moth Waved Carpet Moth Silver-washed Fritillary Chalk Carpet Moth Curlew Lapwing Yellowhammer Barn Owl Hawfinch Peregrine Pied Flycatcher Nomada signata*

Approved by Cardiff Council 40 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Porrhomma rosenhaueri** Small Ranunculus Moth Childing Pink Cornish Moneywort Glow Worm Grayling Butterfly Monk’s-hood Radyr Hawkweed Reptiles

*Nomada signata (solitary bee) - a species of kleptoparasitic bee which has been recorded in Bute Park. It has been given Red Data Book2 status. **Porrhomma rosenhaueri - a paleotroglobitic spider found in Lesser Garth Cave and only one other place in the UK, Ogof y Ci near Merthyr Tydfil. It also has RDB2 status.

List of Species Statements for Cardiff

SPECIES Associated Habitats Alternate-leaved Golden Saxifrage Woodland Badger Woodland Bee Orchid Waste ground, Calcareous Grassland Bullfinch Gardens, Parks, Allotments, Woodland Dragonflies and Damselflies Ponds Frog Orchid Calcareous Grassland Garden Birds Gardens, Parks Green Earthtongue Fungi Calcareous Grassland Herb Paris Woodland Marsh Helleborine Ponds, Fens Meadow Saxifrage River Valleys, Woodland Mistletoe Parks, Gardens, Woodland Plants without chlorophyll Woodland Purple Hairstreak Woodland Reed Bunting Reedbeds, Fens, River Valleys Rootless Duckweed Coastal and Flood plain Grazing Marsh Shrubby Sea-blite Coastal Saltmarsh Solomon's Seal Woodland Song Thrush Gardens, Parks, Allotments, Woodland Variable Damselfly Coastal and Flood plain Grazing Marsh

Approved by Cardiff Council 41 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

APPENDIX 2C: CARDIFF MODIFICATIONS TO GUIDELINES FOR THE SELECTION OF WILDLIFE SITES IN SOUTH WALES

The ‘Guidelines for the Selection of Wildlife Sites in South Wales’ produced in August 2004, provides a framework within which Local Authorities are free to refine their own detailed criteria for the selection and designation of Wildlife Sites (SINCs) within their administrative boundaries.

Within Cardiff, the modifications to these criteria are as follows:-

1) Part 2 Section H1 Woodlands on page 21, the paragraph:-

‘No minimum threshold of indicator species is given because this could vary significantly depending on the type of woodland under consideration. However, the aim should be to demonstrate the presence of a significant assemblage of such species. The figure required for significance will vary greatly due to circumstance, and is best judged by local experts in a case by case or Unitary Authority by Unitary Authority basis.’

Is removed, and replaced with:-

‘In Cardiff, a woodland will qualify for SINC designation as an Ancient Semi- Natural Woodland if it contains 12 or more species listed on Table 1. Woodlands will also qualify if any species or combination thereof on Table 1 forms a ‘carpet’ of ground flora that covers 25% or more of the woodland. These thresholds have been tested in woodlands in Cardiff and found to correspond accurately with sites which have already been selected as SINCs.’

2) S2 Birds The regional guidelines identify the following criteria:

• sites supporting breeding populations, of any size, of species marked with an A in Table 9

• sites supporting wintering or passage refuelling populations, of any size, of species marked with an A in Table 10

• sites supporting an agreed number (to be agreed by the LBAP partnerships) of those species that are marked B in Tables 9 & 10, or identified as additions to the tables by the LBAP partnership, that collectively designate a site and/or contribute towards its designation

• any site with 100 or more bird species recorded in the previous five years

On Table 9 (Pages 66 to 69), Sand Martin and Redstart are moved from the ‘B’ list to the ‘A’ list, and the Grey Heron is added to the ‘A’ list. Sand Martin and Heron are included on the A list because there breeding sites are concentrated in colonies. Redstart is an extremely scarce breeding species in Cardiff.

Approved by Cardiff Council 42 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

The selection criteria for assemblages of contributory species should also include a threshold for numbers of birds, so that sites which support significant populations are selected. Therefore the following site selection criterion is added:

• Sites which regularly support a population of *waterfowl (excluding Mallard) which exceeds 200 individuals.

*The term waterfowl includes divers, grebes, cormorants, herons, swans, geese, ducks, waders, rails and their allies.

3) Section S3 Reptiles Page 70, there is inserted:-

The regional guidelines identify the following criteria

• Sites supporting three or more reptile species • Sites supporting good populations of any reptile species

‘Reptiles in general are under-recorded in Cardiff, so SINCs will be designated as and when data becomes available.’

In order to reflect the widespread distribution of slow-worms in Cardiff, including on brownfield sites, the following point:-

• Sites supporting good populations of any reptile species is replaced with:-

• Sites supporting good populations of Adders, Grass Snakes or Common Lizards. and the following point is added:-

• sites supporting exceptional populations of Slow-worms

4) Section S4 Amphibians – Great Crested Newt, page 72.

The regional guidelines identify the following criteria

• sites supporting ‘good populations’ of Great Crested Newt defined here as 10 or more individuals

Of the 5 breeding populations of this species in Cardiff, none qualify as ‘Good’, in that 10 or more individuals have not been detected at these sites during recent surveys. However, these populations are still important in the context of the biodiversity of Cardiff,

The regional criterion is substituted with:-

• Sites supporting breeding populations of Great Crested Newt.

Approved by Cardiff Council 43 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

In light of the above, the following text is deleted:-

‘Preference should be given to sites supporting ‘good’ populations of Great Crested Newts rather than all sites, bearing in mind that the species and its habitats are per se afforded full statutory protection by the Wildlife & Countryside Act 1981. ‘Good populations’ are here defined as sites that support 10 or more individuals. ‘

And the paragraph:-

‘The occurrence of Great Crested Newts, in whatever numbers, should be considered a supporting reason for selection of a site, which also qualifies under other guidelines (i.e. on habitat grounds or for species other than Great Crested Newts)’

Is replaced by:-

‘The occurrence of Great Crested Newts, whether breeding or not, should be considered a supporting reason for selection of a site, which also qualifies under other guidelines (i.e. on habitat grounds or for species other than Great Crested Newts).’

5) Section S5 Fish,

Additional criteria

• Significant spawning grounds for coarse fish.

This reflects the importance of some areas of the River Taff and Cardiff Bay in sustaining coarse fish populations.

6) Section S7 Vascular Plants (Page 78) after the second paragraph there is inserted:-

‘In Cardiff, some species may be moved from the list of Contributory Species to the list of Primary Species on the basis of currently available data and on advice from the county botanical recorder. Regard will be had to regionally and nationally declining species’

Following initial review, Green-winged Orchid, Marsh Helleborine and Autumn Gentian are moved from the list of Contributory Species to the list of Primary Species, in order to reflect the rarity of these species in Cardiff.

7) Community Value Selection Criteria

The criteria for the selection of wildlife sites do not include any criteria relating to the community or social importance of wildlife. The following section will therefore be included in the Cardiff modifications to these criteria:-

Approved by Cardiff Council 44 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Some sites which have significant biodiversity interest, but which narrowly fail to qualify under species and habitat criteria, may nonetheless be important sites for local communities to enjoy wildlife. These sites may be designated as SINCs if, in the opinion of Cardiff Council ecologists, they have substantial community value as well as being of significant biodiversity interest. In this instance, the following features will be considered in determining whether a site is of ‘substantial community value’ for wildlife.

Social Features:

• Close proximity (less than 500 metres) to significant residential areas (more than 1,000 households).

• High level of public access on the site.

• Active involvement of local community.

• Used as educational resource or for raising public awareness

Biodiversity Features:

• In an area with a lack of other semi-natural habitats.

• Managed for nature conservation.

• Forms part of a wildlife corridor - a largely continuous area of semi- natural habitats, which can facilitate the dispersal of flora and fauna.

• Supports habitats or species for which there is a Habitat or Species Action Plan or statement prepared for ‘Wild about Cardiff’ – the Cardiff Local Biodiversity Action Plan.

• Supports habitats or species listed in “Going Wild in Wales – List of Species and Habitats of Principal Importance for the Conservation of Biological Diversity” published by the Welsh Assembly Government.

8) Cardiff Rarity Index

Sites which support significant populations or assemblages of CR1 and/or CR2 species or exceptional populations of CR3 species. When considering designation under this criterion, the relevant taxonomic recorders should be consulted. Designation will also have regard to the factors identified in Appendix 2D-Cardiff Rarity Index. These are: • The completeness of the distribution data • The regional abundance in vice-counties 35 and 41 • Population trends • Conservation Status

Approved by Cardiff Council 45 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

APPENDIX 2D: CARDIFF RARITY INDEX

The Nature Conservation Strategy (1996) included a “Red Data Book” of species that were classified according to their rarity in Cardiff. This was based on the number of records or 1km grid squares for a species in the Cardiff Biological Database. This database contains approximately 90,000 records and is continually updated. Data is also held by other individuals and organisations. When assessing the local rarity of a species, all verified records will be considered. Verified records are those which have been submitted to and accepted by the relevant local taxon recorder, or are supported by appropriate evidence. A biological record requires a minimum of four pieces of information, these are:

• The name of the species.

• The location of the record (preferable with a six-figure grid reference).

• The date of the record.

• The name of the person who recorded the species.

The assessment of rarity in Cardiff will be classified according to the number of ‘site squares’ in which a species has been recorded since 1980. A ‘site square’ is a 1km grid square. Where a species occupies a site which straddles more than one grid square but is a single site and population, this is classed a one ‘site square’.

Cardiff Rarity Index:

• CR1 – Very rare – 1-3 site squares.

• CR2 – Rare – 4-10 site squares.

• CR3 – Scarce – 11-25 site squares.

In considering the significance of the species concerned, the following factors will be taken into account:

The completeness of the distribution data

Some species are under-recorded because they are elusive or difficult to identify. Some common species are also under recorded because observers do not consider the records important enough to submit.

The regional abundance in vice-counties 35 and 41

These Watsonian vice-counties (35 – Gwent and 41 – Glamorgan) are the traditional geographic areas for most biological recording. This helps put the records into a wider context and consider issues such as species at the edge of their natural range.

Approved by Cardiff Council 46 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

Population trends

This is an important consideration as the population of many species are changing as a result of various factors. Species whose populations and range are declining are a more significant conservation concern than those whose populations and range are increasing.

Conservation Status

The ‘Conservation Status’ of a species refers to whether it is listed, and what priority it is given on any of the following:

• UK BAP priority list.

• WAG Section 74 list.

• RSPB Birds of Conservation Concern.

• Butterfly Conservation ‘Action Plan for Wales’.

• Red Data Book (various taxa).

• LBAP priority list.

Approved by Cardiff Council 47 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

APPENDIX 2E: INVASIVE NON-NATIVE SPECIES

Many non-native species of plants and animals have been introduced to the UK. Some of these have become very prolific and caused problems for native flora and fauna. Schedule 9 of the Wildlife and Countryside Act makes it an offence to introduce certain animals or cause certain plants to grow in the wild. These include Japanese Knotweed. This is an abundant species in Cardiff, particularly in the river valleys and on disturbed ground such as brownfield sites. A standard condition for its treatment and removal is usually attached to planning applications where the species is present. Giant Hogweed is also listed on Schedule 9 but is not currently known to occur in Cardiff although it is very abundant in the Usk valley to the east of Cardiff. Other problematic non-native species which occur in Cardiff are Azolla filiculoides, Crassula helmsii which are aquatic species and Himalayan Balsam. Development proposals should consider the impact of these species upon local biodiversity and remove them where possible.

Approved by Cardiff Council 48 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

APPENDIX 2F: LOCAL SPECIES (SAPs) AND HABITAT (HAPs) ACTION PLANS

The following draft Local Species and Habitat Action Plans will be included in the document for consultation:

• Bats SAP • Childing Pink SAP • Dormouse SAP • Gardens HAP • Great Crested Newt SAP • Maritime Cliff and Slope HAP • Otter SAP • Pied Flycatcher SAP • Ponds HAP • Reedbed HAP • Rhos Pasture HAP • Silver-washed Fritillary SAP • Stag Beetle SAP • Water Vole SAP • Waxcap SAP • Woodland HAP

Approved by Cardiff Council 49 [22 June] 2006 Cardiff Supplementary Planning Guidance Biodiversity (Part 2)

APPENDIX 2G: MAP OF NATURE CONSERVATION SITES IN CARDIFF A map of sites will be displayed at Committee and included with the draft guidance for consultation.

Approved by Cardiff Council 50 [22 June] 2006

For more information please contact: The Strategic Planning Manager Cardiff Council, CY1 County Hall, Atlantic Wharf, Cardiff CF10 4UW

Email: [email protected]

Appendix 4

Supplementary Planning Guidance

Dumballs Road Area Planning Brief

(For Council Approval in June 2006)

Cardiff Supplementary Planning Guidance Dumballs Road Area Planning Brief

Contents

Number Page

1 Introduction 3

2 Background 4

3 Issues 5

4 Masterplan Principles 6

List of Appendices

A Site Location Plan 7

B Legislation, Guidance and Development Plan Policies 8

C The Cardiff Unitary Development Plan 15

D Consultation on the Draft SPG 19

E Consultation Representations and Responses 21

Approved by Cardiff Council 2 [22 June] 2006 Cardiff Supplementary Planning Guidance Dumballs Road Area Planning Brief

1. Introduction

1.1 This draft Supplementary Planning Guidance (SPG) supplements Policy EV2 of the South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011 (adopted April 1997) which seeks the regeneration of derelict or degraded urban land, particularly within Cardiff Bay for appropriate employment, retail, residential, tourism, leisure and nature conservation uses, subject to consistency with other Development Plan Policies.

1.2 As such, this draft SPG provides more detailed guidance for developers on this Policy by focussing on the redevelopment / rehabilitation of the Dumballs Road area of Cardiff.

This draft SPG aims to:

• Identify the main issues and opportunities for the area; • Introduce criteria for the assessment of development proposals in the area; and • Identify the broad land use principles, urban design, layout and movement requirements to be considered as part of any new development proposal within the Area.

1.3 This SPG provides a planning framework for the comprehensive and co- ordinated redevelopment of this important area.

1.4 This guidance has been the subject of consultation as outlined in Appendix D and Appendix E identifies the main changes made in response to the comments received. It was approved by the Council on [22 June] 2006.

1.5 The Welsh Assembly Government (WAG) supports the use of Supplementary Planning Guidance (SPG) to set out detailed guidance on the way in which development plan policies will be applied in particular circumstances or areas1. SPG must be consistent with development plan policies and national planning policy guidance and may be taken into account as a material planning consideration in planning decisions. Details of the relevant national planning guidance and development plan policies can be found in Appendix B of this document.

1.6 The Council placed the Cardiff Unitary Development Plan on deposit in October 2003. In May 2005, following the introduction of the European SEA (Strategic Environmental Assessment) Directive, the Council resolved, with the agreement of the Welsh Assembly Government to cease preparation of the Cardiff UDP and commence preparation of a Local Development Plan (LDP). The relevance of the UDP to this guidance is addressed in Appendix C.

1 Unitary Development Plans Wales (NAW February 2001) paragraphs 2.12-2.16

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2. Background

2.1 The Dumballs Road Area is bounded by Canal Park to the east and the River Taff to the west (see Appendix A for site location plan). The area commands a unique position between the City Centre and the Bay Waterfront. The site exhibits many of the characteristics and potential for the creation of an “urban village” through the introduction of an appropriate mix of land uses, environmental enhancements and transport and community infrastructure.

2.2 Dumballs Road has been subject to a long and varied industrial history: the area emerged as an important location for the storage of coal and timber from the mid 19th Century, housed significant defence manufacturing from the 1930s and more recently has accommodated industrial relocations from the other areas of the Bay.

2.3 Over recent years land at Dumballs Road has experienced an unprecedented increase in developer interest with pressure for new office developments to the north and residential developments to the south. This trend is predicted to increase with the recent closure of the foundry and other potential closures acting as a catalyst for further regeneration to higher value land uses.

2.4 In 2001 the Council, in partnership with the Welsh Development Agency, commissioned planning consultants to prepare an independent study to establish the future development potential of the Dumballs Road area. The findings of the consultant’s study, along with responses from public consultation, have informed the preparation of this draft Area Planning Brief.

Approved by Cardiff Council 4 [22 June] 2006 Cardiff Supplementary Planning Guidance Dumballs Road Area Planning Brief

3. Issues

3.1 Policy EV2 of the South Glamorgan (Cardiff Area) Replacement Structure Plan (1991-2011) states that: “The Regeneration of derelict or degraded land, particularly within Cardiff Bay for appropriate employment, retail, residential, tourism, leisure and nature conservation uses will be favoured subject to consistency with other Development Plan Policies”.

3.2 The area contains a number of low-density, land-hungry industrial uses with much of the site being largely under-utilised, having regard to its strategic city centre location. The area exhibits considerable potential for higher density redevelopment, providing more jobs, homes and community facilities than exist at present.

3.3 The area currently presents a poor quality environment, dominated by large industrial warehouses. The structure and composition of the built environment pays little attention to the prime amenity assets of the Taff river frontage and the Canal Park open space. Overall, the area does not make the best use of its proximity to the City Centre and Cardiff Bay, with poor linkages to, within and through the site.

3.4 Under present market conditions the Dumballs Road area is likely to evolve unpredictably with a real danger of 'piecemeal' development, creating uncertainty, potentially leading to blight and a lack of cohesion within the site as a whole.

3.5 Given the increasing development pressure within Dumballs Road it is considered necessary to introduce criteria for the assessment of development proposals in the area. The following Masterplan Principles identify the broad land use and urban design requirements to be considered as part of any new development proposal within the Dumballs Road Area.

Approved by Cardiff Council 5 [22 June] 2006 Cardiff Supplementary Planning Guidance Dumballs Road Area Planning Brief

Approved by Cardiff Council 6 [22 June] 2006 Cardiff Supplementary Planning Guidance Dumballs Road Area Planning Brief

Appendix A:

Site Location Plan

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Appendix B: Legislation, Guidance and Development Plan Policies

National Planning Policy

1. Paragraph 2.4.2 of Planning Policy Wales (March 2002) states that:

“An effective way to achieve regeneration is to foster integrated communities within the existing settlement pattern by promoting mixed use development, comprising appropriate combinations of housing (including affordable housing), employment, retailing, education, leisure and recreation uses and open space. Such developments should be promoted through, and fully justified in, the UDP”

Paragraph 2.4.3 goes on to say:

“Within urban areas, UDPs may designate action areas within which comprehensive treatment should start within ten years of deposit”

2. Physical regeneration involving the use of previously developed land is viewed by the Welsh Assembly Government as a key objective in creating a more sustainable pattern of development. Paragraph 2.7.2 Planning Policy Wales (March 2002), states that:

“Many previously developed sites in built-up areas may be considered suitable for development because their re-use will promote sustainability objectives. This includes sites: • In and around existing settlements where there is vacant or under- utilised land, commercial property or housing; • In suburban areas close to public transport nodes which might support more intensive use for housing or mixed use; and those sites • Which facilitate the regeneration of existing communities ”

South Glamorgan (Cardiff Area) Replacement Structure Plan (1991 – 2011)

1. Policy EV2 'Urban Regeneration' “The Regeneration of derelict or degraded urban land, particularly within Cardiff Bay for appropriate employment, retail, residential, tourism, leisure, and nature conservation uses will be favoured, subject to consistency with other development plan polices”.

2. Policy E1 ‘Business and Industrial Sites’ “A range and choice of sites for business and industrial purposes should be provided and protected, giving priority to the development of sites which have received planning permission or which are allocated in the development plan, particularly within the existing and proposed urban areas at Wentloog and Cardiff bay.

Any new sites which are necessary:

Approved by Cardiff Council 8 [22 June] 2006 Cardiff Supplementary Planning Guidance Dumballs Road Area Planning Brief

(i) To provide suitable employment uses within or adjacent to areas of high unemployment, deprivation and social stress; or (ii) To provide for inward investment,

should be accessible by public transport, comply with the locational requirements of policy MV1 and other development plan policies.”

3. Policy E3 ‘Protection of Business and Industrial Use’ “Land allocated or identified for business and industrial purposes in the development plan will be safeguarded for such use subject to other development plan policies.”

4. Policy MV1 ‘Location of New Developments’ “To minimise traffic movements, developments will be favoured at locations which: i. Are well served by public transport and are easily accessible for those wishing to travel other than by car;

ii. Minimise traffic levels and related adverse environmental impact;

iii. In the case of warehousing and distribution and other developments which involve significant movement of freight, are well related to the strategic road network and where appropriate to the rail network and/or port/airport facilities; and

iv. Conform with other development plan policies”. 5. Policy MV2 ‘Commuted Payments’ “Contributions will be sought from developers towards any necessary improvements to the transport system arising as a result of the proposed development”.

6. Policy MV3 ‘Highway and Public Transport Priority Development’ “Highway and public transport developments will favour: i. The regeneration of Cardiff Bay, including its linkages to and within the city centre;

ii. The completion of the peripheral distributor road;

iii. Public transport measures and environmental improvements on radial routes;

iv. Measures which contribute to improvements of both the environment and the ;

v. Measures which enhance safety and public transport services;

vi. Measures which establish an appropriate balance between public and private transport; and

vii. Improved access to Cardiff-Wales airport”.

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7. Policy MV6 ‘Development of Public Transport’ “The development of public transport schemes will be favoured, including: i. Measures which aid the strategy of favouring development within south Cardiff;

ii. Bus and rail ‘park and ride’ schemes;

iii. High quality public transport passenger facilities;

iv. Schemes for the improvement and extension of the rail network; and

v. Measures which ensure that the movement of buses is safeguarded and enhanced”.

8. Policy MV8 ‘Cardiff Bay Transport Development’ “An integrated transport system will be developed for Cardiff Bay which takes full account of the proximity of the bay ‘core area’ to the city centre, and which includes: i. Ensuring adequate provision of local highway and junction improvements;

ii. Maintaining and extending a public transport system segregated from the road network and fully integrated with the main rail line network and the valleys rail network; and

iii. A high priority for the provision of public transport and facilities for those wishing to travel other than by car”. 9. Policy MV11 ‘Parking’ “New development shall include adequate provision for car parking according to the adopted parking guidelines. In the city centre and the core area of Cardiff Bay, which are well served by a range of public transport, a reduced level of parking is required”.

10. Policy MV12 ‘Public Access’ “The development and improvement of cycle routes, public footpaths and bridleways will be favoured”.

11. Policy MV13 ‘Equality of Access’ “Measures will be taken to improve safety and conditions for pedestrians and people with impaired mobility, by improving access to bus stops, railway stations, and car parks and removing conflict with traffic, particularly in areas of high pedestrian activity”.

12. Policy H4 ‘Special Housing Provision’ “The location, type and density of new development shall have regard to the need to cater for smaller households, elderly people, single people including students, people with disabilities and other special needs groups”.

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13. Policy H5 ‘Affordable Housing’ “Within the overall level of housing provision set out in policy H1 priority will be given to facilitating the provision, in accordance with other development plan policies, of affordable housing in appropriate locations”.

14. Policy H6 ‘Community Facilities’ “Sufficient land will be protected within, or adjacent to, residential areas and in other appropriate locations for the development of education, health and other community facilities and open space areas. Contributions will be sought from developers towards any new improvements arising as a result of the proposed development. Where housing developments are of sufficient scale permission will be withheld until provision of necessary facilities including open space has been secured”.

15. Policy B2 ‘Improvement of Environmental Quality’ “Measures to improve the environmental quality of the urban fabric will be favoured with priority being given to the city centre, inner urban areas and older housing estates”.

16. Policy B4 ‘Greening of Urban Areas’ “The protection conservation and enhancement of open spaces which are important for amenity, recreation and/or nature conservation within the built environment will be favoured. Development of such areas will not be permitted, except on those sites identified for development by other development plan policies. The creation of a coherent network of green spaces and corridors will be favoured with particular protection given to river corridors. Where appropriate, tree planting and landscaping schemes will be favoured”.

17. Policy T1 ‘Tourism and Recreational Developments’ “Tourist, leisure, sports and visitor accommodation developments which: i. Promote the role of Cardiff as an international venue; support urban regeneration, or help meet a demonstrable deficiency;

ii. Would not undermine the viability, vitality and attractiveness of the city centre or Cardiff Bay;

iii. Are in scale and character with the location and would not cause unacceptable harm to areas of landscape, conservation or heritage importance or local amenity;

iv. Are in areas where adequate infrastructure and utility services exist, are reasonably accessible, or can be readily and economically provided;

v. Are well located for people travelling other than by car; and

vi. Conform with other development plan policies, Will be favoured, particularly within the city centre and Cardiff Bay”.

Approved by Cardiff Council 11 [22 June] 2006 Cardiff Supplementary Planning Guidance Dumballs Road Area Planning Brief

Adopted City of Cardiff Local Plan Policies

1. Policy 9 ‘Development in Areas at Risk of Flooding’

“In areas at risk of flooding, whether from the sea or inland, including St.Mellons, Trowbridge Mawr and Wentloog, development will only be permitted if sea defence, land drainage and other flood defence issues are assessed as satisfactory”. 2. Policy 11 ‘Design and Aesthetic Quality’ “All new development should be of a good design which has proper regard to the scale and character of the surrounding environment and does not adversely affect the quality of the area”.

3. Policy 12 ‘Energy Efficient Design’ “Development will be expected to incorporate energy efficient design, through building design, layout and orientation”.

4. Policy 13 ‘Energy Use’ “Proposals for new development at locations other than those identified on the proposals map, will only be permitted where:- (i) Resultant traffic flows, travel patterns, energy use and other emissions would be minimised; and

(ii) They would be well located by reference to public transport and for those wishing to travel other than by car”. 5. Policy 14 ‘Facilities for Public Transport Services’ “The design and layout of development proposals will be required to accommodate necessary facilities for public transport services”.

6. Policy 16 ‘Traffic Calming’ “The design and layout of development proposals will be required to incorporate necessary traffic calming or similar traffic management measures”.

7. Policy 17 ‘Parking and Servicing Facilities’ “Development proposals will be required to provide parking and servicing facilities in accordance with the city council's adopted guidelines”.

8. Policy 18 ‘Provision for Cyclists’ “Development proposals will be required to make convenient and safe provision for cyclists, including cycle parking facilities in accordance with the city council's adopted guidelines”.

9. Policy 19 ‘Provision for Pedestrians’ “The design and layout of new development will be required to retain and/or create a safe and convenient environment for pedestrians”.

10. Policy 20 ‘Provision for Special Needs Groups’ “Development proposals which may be used or visited by the general public will be required to make provision for special needs groups including people with disabilities, parents with young children and elderly”.

Approved by Cardiff Council 12 [22 June] 2006 Cardiff Supplementary Planning Guidance Dumballs Road Area Planning Brief

11. Policy 24 ‘Affordable and Special Needs Housing’ “Provision for an element of affordable housing and for housing for special needs groups will be sought on all new housing sites of more than 50 dwellings where there is evidence of need which can be satisfactorily met on the site and where site conditions allow. The precise scale will vary from case to case and will be a matter of negotiation”.

12. Policy 25 ‘Affordable Housing Within the Built-up Area’ “Development of affordable housing, or proposals including a significant element of affordable housing, will be favoured at redevelopment sites or other suitable housing sites within the built-up area of the city”.

13. Policy 31 ’Residential Open Space Requirement’ “Provision of a satisfactory level and standard of open space will be sought on all new housing developments, based on a minimum of 2.43 hectares of recreational open space per 1000 projected population. In assessing particular requirements regard will be had to evidence of the extent and nature of need in the locality”.

14. Policy 36 ‘Alternative use of business, industrial and warehousing land’ “Proposals for alternative use of existing and proposed business, industrial and warehousing land will be assessed against the following:

(i) The demand for and the need to preserve a range and choice and quality of sites available for business, industrial and warehousing development; (ii) Considerations of scale, location, amenity and transportation; (iii) Within Cardiff Bay, approved proposals arising from Area Planning Briefs”

15. Policy 37 ‘Safeguards for Residential Amenity and Existing Industrial Areas or Operational Docks’ “Where existing industrial areas or operational docks abut proposed residential sites, appropriate amenity safeguards will be required in the design and layout of the residential development, to ensure an acceptable standard of residential amenity without compromising the operating conditions of the existing enterprises”.

16. Policy 50 ‘Retail Development’ “Proposals for retail development at locations other than those defined in policies 34, 47, and 49 will only be permitted if:- (i) The proposal cannot be satisfactorily accommodated within or adjoining an existing or planned centre; and

(ii) There is no need to preserve the site for its existing or allocated use, assessed against relevant policies of the plan; and

(iii) The proposal is not within the countryside or urban fringe; and

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(iv) The proposal would not cause or contribute unacceptable harm to the vitality and viability of existing or planned centres, or threaten strategies aimed at sustaining and enhancing such centres; and

(v) The proposal would not cause or contribute unacceptable harm to approved urban regeneration schemes; and

(vi) Resultant traffic flows, travel patterns, energy use and other emissions would be minimised; and

(vii) The proposal would be well located by reference to public transport and for those wishing to travel other than by car; and

(viii) Car parking provision and servicing facilities are adequate; and

(ix) The proposal is acceptable in terms of scale, design and amenity considerations”.

Approved by Cardiff Council 14 [22 June] 2006 Cardiff Supplementary Planning Guidance Dumballs Road Area Planning Brief

Appendix C:

The Deposited Cardiff Unitary Development Plan

C.1 The Cardiff Unitary Development Plan was placed on deposit in October 2003. Following introduction of the European SEA (Strategic Environmental Assessment) Directive in 2004 and subsequent up-dated guidance from the Welsh Assembly Government on development planning, the Council has sought the agreement of the Assembly to cease preparation of the Cardiff UDP and commence preparation of a Local Development Plan (LDP).

C.2 Guidance issued by the Welsh Assembly Government in respect of LDPs2 indicates that where a UDP has been put on deposit it may remain a consideration in development control decisions until such time as an LDP has been placed on deposit. Generally, the weight to be attached to policies in emerging UDPs depends on the stage of plan preparation, the degree of any conflict with adopted plans, and the number and nature of any objections and/or representations in support of the policy.

C.3 Deposited UDP Polices Relevant to the Dumballs Road Area: 1. Policy 1.A: ‘General principles for the location of development’

“Development proposals should be located:

(i) So as to enhance the environment where possible or, otherwise, to minimise harm to it;

(ii) To make best use of redundant previously-developed land and buildings, and minimise the requirement to develop undeveloped land;

(iii) To minimise travel demand and dependence on the car, facilitate walking, cycling and use of public transport and, where appropriate, support the movement of freight by rail or water;

(iv) To minimise risk to people or property from flooding, ground conditions or pollution;

(v) Where adequate community and utility services and infrastructure exist, are reasonably accessible, or can readily and economically be provided; and

(vi) Where neighbouring uses are compatible”.

2. Policy 1.C: "Planning Obligations" "Planning obligations will be sought to secure:

(i) Improvements in infrastructure, facilities or services; and/or (ii) Other requirements necessary to make developments acceptable”.

2 Delivering Better Development Plans for Wales, Consultation Document, Welsh Assembly Government, June 2004

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3. Policy 2.18 ‘Land at Dumballs Road’ “Land at Dumballs Road will be redeveloped, rehabilitated or improved for mixed-use development including employment, housing, associated community facilities and open space”.

4. Policy 2.20 ‘Good Design’ “All development will be required to demonstrate good design by:

(i) Satisfactorily responding to local character and context; (ii) Achieving a legible development which relates well to adjoining spaces and the public realm; (iii) Providing a safe and accessible environment for everyone who might use it or visit it; (iv) Providing for the efficient use of resources and adaptability to changing requirements; and (v) Satisfactorily addressing issues of layout, density, scale, massing, height, detailing and landscaping”.

5. Policy 2.23: ‘Affordable Housing’

“Where there is evidence of need, provision for an element of affordable housing will be sought in all developments containing 25 or more new dwellings or with a site area of or exceeding 1 hectare”.

6. Policy 2.24 ‘Residential Amenity’

“Development will not be permitted that would cause unacceptable harm to residential amenity.”

7. Policy 2.26: ‘Provision for open space, recreation and leisure’

“Provision for open space, recreation and leisure facilities will be sought in conjunction with housing developments”.

8. Policy 2.29: ‘Office Development’

“Business class office development will only be permitted outside the Central and Waterfront Business Areas and district centres, identified on the Proposals Map, if:

(i) There is a need for the proposed floorspace;

(ii) That need cannot satisfactorily be accommodated within the Central or Waterfront Business Areas or a district centre;

(iii) The proposal would not cause unacceptable harm to the vitality, attractiveness or viability of the Central or Waterfront Business Areas or a district centre, or a proposal or strategy for the protection or enhancement of these centres; and

(iv) The site is accessible by a choice of means of transport”.

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9. Policy 2.30: ‘Commercial Leisure Development’ “Commercial leisure development will only be permitted outside the Central and Waterfront Business Areas and district centres, identified on the Proposals Map, if:

(i) There is a need for the proposed floorspace; (ii) That need cannot satisfactorily be accommodated within the Central or Waterfront Business Areas or a district centre; (iii) The proposal would not cause unacceptable harm to the vitality, attractiveness or viability of the Central or Waterfront Business Areas or a district centre, or a proposal or strategy for the protection or enhancement of these centres; and (iv) The site is accessible by a choice of means of transport”.

10. Policy 2.34: ‘Retail Development’

“Retail development will only be permitted outside the Central Shopping Area, district and local centres identified on the Proposals Map if:

(i) There is a need for the proposed floorspace; and

(ii) That need cannot satisfactorily be accommodated within or adjacent to the Central Shopping Area, within or adjacent to a district or local centre or, in the case of proposals for the sale of bulky goods, in existing retail warehouse parks; and

(iii) The proposal would not cause unacceptable harm to the vitality, attractiveness or viability of the Central Shopping Area, a district or local centre, or a proposal or strategy for the protection or enhancement of these centres; and

(iv) The site is accessible by a choice of means of transport”.

11. Policy 2.37: ‘Change of Use of Industrial and Warehousing Land’

“Development of industrial or warehousing land for other uses will only be permitted if:

(i) The land is no longer well located for industrial or warehousing use; or

(ii) There is no need to retain the land for industrial or warehousing use having regard to the demand for such land and the requirement to provide a range and choice of sites available for such use; and

(iii) There will be no unacceptable impact on the operating conditions of existing businesses”.

12. Policy 2.38: ‘Provision of Complementary Facilities in Office, Industrial and Warehousing Developments’ “Provision for open space, leisure, food and drink, and child-care facilities will be appropriate in office, industrial and warehousing developments.”

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13. Policy 2.55: ‘Public Realm Improvements’

“Contributions will be sought to improve the public realm where the need arises as a result of proposed development”.

14. Policy 2.56: ‘Public Art’

“Public art will be sought to enhance the character and appearance of development and public spaces”.

15. Policy 2.57: ‘Access, circulation and parking Requirements’

“Where necessary, safe and convenient provision will be sought in conjunction with development for:

(i) Pedestrians;

(ii) People with special access and mobility requirements;

(iii) Cyclists;

(iv) Powered two-wheelers;

(v) Public transport;

(vi) Vehicular access and traffic management within the site and its vicinity;

(vii) Car parking and servicing;

(viii) Coach parking;

(ix) Horse-riders”.

16. Policy 2.62: ‘Flood Risk’

“Development will not be permitted:

(i) Within tidal or fluvial flood plains unless existing or proposed flood prevention and/or protection measures are adequate; or

(ii) Where it would increase the risk of flooding; or

(iii) Where it would hinder future maintenance or improvement schemes of flood defences and watercourses”.

C.3 Representations were made at deposit stage, objecting to the above proposed policies, with the exception of Policy 2.38.

Approved by Cardiff Council 18 [22 June] 2006 Cardiff Supplementary Planning Guidance Dumballs Road Area Planning Brief

Appendix D: Consultation on Draft SPG

Consultation on this guidance was undertaken between 14th February and 14 March 2006. A Press Notice was placed in the South Wales Echo on Tuesday 14 February 2006 and notices and copies of the draft guidance were placed in all Cardiff Libraries. The draft guidance was also published on the Council's website.

Letters notifying that consultation was being undertaken on the draft guidance were sent to Cardiff Councillors, the Welsh Assembly Government, Environment Agency, Countryside Council for Wales, Community Councils in Cardiff and the following who are known to have a general interest in planning in Cardiff, or a potential interest in this guidance.

• Arup • Atisreal • Atkins • Austin-Smith Lord • Baker Associates • Barton Willmore Planning Partnership • Boyer Planning • Cardiff Bay Business Forum Ltd • Cardiff School of City and Regional Planning • CDN Planning • Design Commission for Wales *** • Development Land and Planning Consultants Ltd • Development Planning Partnership • DLP Consultants • DTZ Pieda Consulting • ECOTEC Research and Consulting • Enviros Consultancy • Fletcher Morgan • GL Hearn Planning • GVA Grimley • Halcrow • Harmers Ltd • Hepher Dixon *** • Home Builders Federation • Housing Strategy and Services Unit • Hyder Consulting (UK) Ltd • Jacobs Babtie • John Robinson Planning & Design • Lovell Partnership • Mason Richards Planning • MEPC • Morgan Cole Partnership • MVM Planning • Nathaniel Lichfield & Partners *** • RICS Wales • Robert Turley Associates • Royal Society of Architects in Wales • RPS Group plc • RTPI Cymru

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• Stride Treglown Town Planning • Stubbs Rich • The Development Planning Partnership • The Welsh Development Agency *** • Welsh Local Government Association • White Young Green Planning • Wyn Thomas Gordon Lewis Ltd.

Comments specifically or generally relevant to the draft guidance were received from the above consultees indicated *** and from

• FTB Ltd

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Appendix E: Consultation Representations and Responses

REPRESENTATION COUNCIL RESPONSE

• Fletcher Morgan are acting on behalf of a number of landowners in • Comments noted the area and currently in the process of trying to put together a Consortium to bring sites forward for further development

• Understand the need for a comprehensive structure plan but believe • Agreed. that the site must be allowed to be developed out in phases to be Provided that any phasing schedule relates to a comprehensive commercially viable. Masterplan / Outline Permission to ensure that necessary infrastructure and community facilities are delivered.

• Support the aims and objectives of the framework • Comments noted

• Concerned that suitable sites for business and industrial uses are • Agreed. becoming scarce, particularly those with easy access to public This SPG seeks to encourage mixed use development and a significant transport. The regeneration of the Dumballs Road Area should element of business and light industrial uses is encouraged through the therefore include a significant element of business and light SPG, however the exact scale and nature of proposals will be a matter for industrial uses, with a view to addressing the shortage of Grade A negotiation between prospective developers and the Council’s Policy and office space. Economic Development Service Area. Text accompanying the Masterplan Principles Map amended to include reference to Grade A office space.

• Housing provision that may arise from mixed-use schemes should • Agreed. not be allowed to evolve into gated communities. Any development proposals will be assessed against local and national policy and design guidance that discourage fragmented layouts and segregated communities (specifically Local Plan Policy 11 and TAN12: Design para 5.12). Text accompanying the Masterplan Principles Map amended to reflect the desire/need to create accessible environments and avoid segregation of land uses and residents.

Approved by Cardiff Council 21 [22 June] 2006 Cardiff Supplementary Planning Guidance Dumballs Road Area Planning Brief

• The provision of tertiary/higher education facilities is appropriate in • Agreed. this location. The SPG states that further tertiary/higher education facilities will be encouraged in the area. Text accompanying the Masterplan Principles Map amended to clarify the issue and reinforce this position. • Boundary of the Brief does not match that of the Location Plan • Partially agree. (action area boundary) The Masterplan Principles Map shows adjacent developments and other context as well as the Dumballs Road Action Area itself. However, it is agreed that it is potentially misleading. Masterplan Principles Map amended accordingly to better reflect the SPG area and highlight the boundary of the Callaghan Square scheme separately.

• Unsure if Housing/Community 'block' identified off Callaghan Square • Agreed. is permitted for such a use Boundary of Housing/Community ‘block’ amended and the context of the Callaghan Square scheme boundary shown separately.

• Ask if there is an accompanying relocation strategy to accommodate • The SPG states that new development proposals will need to demonstrate the significant numbers of existing businesses in the area which may how existing employment will be retained, enhanced or accommodated on require relocation suitable alternative sites. Policy 36 of the Local Plan ‘Alternative Use of Business, Industrial and Warehousing Land’ addresses this issue, as does the recently produced Draft SPG ‘Safeguarding Employment Land’.

• Question whether there should be provision for a wider range of • Agreed. residential accommodation to include high density family units to While the sustainable location of this area lends itself towards high density encourage higher occupation rates - as market for 1& 2 bed flats is development, this should not preclude family housing units to help considered to be saturated and occupancy for some new establish a diverse community. New bullet point added to the developments believed to be well below 100% Housing/Community section to encourage innovative high density solutions to accommodate a mix of housing types, sizes and tenures in this area.

• Point out that the original study considered two bridges linking the • Partially agree. area with Taff Embankment rather than one and that the original The crossing shown on the Masterplan Principles Map is for indicative proposals in the Cardiff Bay area planning brief suggested a link purposes only. Any proposal for a new bridge crossing (or crossings) will further south and more closely related to the location of a training need to be fully considered in terms of environmental and community

Approved by Cardiff Council 22 [22 June] 2006 Cardiff Supplementary Planning Guidance Dumballs Road Area Planning Brief

centre to allow optimum passage to and from public transport routes impact and be the subject of significant public consultation. Text on Bute Street (bus and rail) accompanying the Masterplan Principles Map amended to reinforce the indicative nature of positioning of any potential new footbridge(s).

• The Masterplan excludes the block of properties on the south • Agreed. Masterplan Principles Map amended for clarity and to reflect the eastern side of the police station. This area was included in the Housing/Community nature of this area of the site. original study area and given the importance of the Youth Pavilion in terms of local facilities it is felt that this area should be included within the overall planning brief area.

• Key development area that requires a framework for its progression. • Comments noted The development of a strategy to address the area's future development is therefore generally supported

• The residential element of the Masterplan fronting Callaghan Square • Partially agree, although this issue is dealt with by the terms of the supports the mix of uses that are envisaged for the square, though Callaghan Square outline planning permission and not the SPG. As as Hepher Dixon have recently witnessed through evolving above, the boundary of Housing/Community ‘block’ amended to show the developments, an adaptable approach must be applied to ensure context of the Callaghan Square scheme separately. the best available mix and configuration of uses is secured.

• The creation of both high tech and high quality employment uses are • Comments noted supported together with housing and supporting uses to ensure vitality and a vibrant area. The principle of mixed use is also supported.

• The permeability of the area is encouraged and the linkages that are • Agreed. displayed create positive routes to the river and to St Mary Street Amend/rearrange ‘Linkages’ section of the text accompanying the though the existence of linkages and direct routes to the central train Masterplan Principles Map to highlight the importance of links to Central station are not displayed and are considered of importance Station as well as the City Centre and The Inner Harbour area. (particularly in a mixed use area containing employment and residential uses).

Approved by Cardiff Council 23 [22 June] 2006 Cardiff Supplementary Planning Guidance Dumballs Road Area Planning Brief

• A flexible approach must be adopted to regenerate this once • Partially agree, although the framework/masterplan approach is traditional but rapidly changing area. considered necessary to ensure that a comprehensive and coordinated scheme is delivered and that associated infrastructure and community benefits are secured. • Consider that the current proposal is basically a land use zoning • Partially agree. plan, and think that a well resourced and detailed master plan This SPG provides a framework to guide comprehensive redevelopment of should be prepared to ensure well coordinated and high quality this strategically important area. Detailed design and phasing issues will development throughout the area need to be addressed as development proposals emerge within the area. Any major development proposals will be required to provide detailed design statements in support of their schemes at the planning application stage.

• This proposal offers no detailed criteria for development and does • Partially agree. not appear to fulfil the aims of the draft SPG. The document intends to identify the broad land use and urban design requirements for the area. A full assessment of the context and design rationale would be expected as part of any formal planning application. Removed the word ‘detailed’ from paragraphs 1.2 and 3.5 for consistency.

• The proposed brief provides for a good mix of uses for the Dumballs • Agree with the desire to create connected uses throughout the area. Road Area as a whole, but the area appears to be divided into three However, the areas and land use ‘boundaries’ shown are intended to relatively segregated parts. While development is already underway, reflect existing uses in the area and provide guidance for future the north and south of the area, DCfW would like to see more developments. The Masterplan Principles are not intended to prescribe connected uses throughout the Dumballs Road Area. land uses at specific locations but ensure that uses are appropriate and balanced across the area. Sentence added to further clarify that the land uses shown are indicative.

• In terms of urban design, DCfW are disappointed by the lack of • Much of this contextual analysis work was completed as part of the contextual references, in terms of the linkages, built form and land Dumballs Road Study commissioned by the Council and the WDA to use. Consider that a broader contextual analysis and a stronger site establish the future development potential of the area. The findings of this appraisal are needed to realise the council ambitions for the area. 2002 consultant’s study, along with responses from public consultation informed the preparation of this SPG. In addition to this work, the Dumballs Road Area features within CBDC’s original Regeneration Strategy for Cardiff Bay from 1988, the Area Planning Brief for Dumballs

Approved by Cardiff Council 24 [22 June] 2006 Cardiff Supplementary Planning Guidance Dumballs Road Area Planning Brief

Road from 1990 (commissioned by CBDC and produced by the Council) and is considered in its wider context within the Council’s City Centre Strategy (CCS) 2003-2006 and will be studied in further detail in mid-2006 under the CCS ‘Area Appraisals’ process. However, a full and up to date assessment of the context and design rationale would be expected as part of the design statement in support any formal planning application.

• Support the provision of high quality public space, but would like to • Agreed. see a more detailed design approach to these areas and ownership In order to secure the environmental enhancements identified in the SPG, issues resolved at an early stage. Would also encourage more a comprehensive redevelopment is required with a strong commitment detailed design on the built form to strengthen the certainty of from existing occupiers and landowners within the area. achieving high environmental quality.

• Would like to see a stronger public art strategy and more • Agreed. sustainability considerations included in the brief and final Bullet added to Public Realm Enhancements section stating that a documents. comprehensive strategy to provide public art in the area will be required In accordance with the Council’s approved Public Art Strategy, New ‘Sustainable Development’ section added to Masterplan Principles to highlight the potential for this site to be an exemplar of sustainable land uses, layout, infrastructure, design and orientation, materials and community facilities.

• Consider that a consortium partnership of landowners would be • Agreed. important when preparing and delivering this planning brief. The SPG has been produced specifically to inform potential developers of the requirements for the area and to secure a comprehensive and coordinated approach that will secure necessary infrastructure and associated community benefits. The Council would welcome and encourage close partnership between potential developers and other stakeholders, including the DCfW, at an early stage and as detailed development proposals emerge. • FTB Ltd welcomes the preparation of the Dumballs Road Area • Comments noted Planning Brief. The Brief therefore provides an important opportunity to set out a positive and co-ordinated approach to the

Approved by Cardiff Council 25 [22 June] 2006 Cardiff Supplementary Planning Guidance Dumballs Road Area Planning Brief

redevelopment of this highly sustainable, strategically significant area.

• The Brief is right to recognise the need to maximise the potential of • Comments noted the location including the provision of high density housing.

• FTB Ltd also agree that the Brief should set out Masterplan • Agreed. principles and broad land uses for the area. However it is Removed the word ‘detailed’ from paragraphs 1.2 and 3.5 for consistency. considered inappropriate to attempt to 'introduce detailed criteria' The document intends to identify the broad land use and urban design (para 3.5) at this stage. It is not apparent from the Consultation Draft requirements for the area. The findings of the 2002 consultant’s study, Brief that the investigative and analytical processes required to along with responses from public consultation informed the preparation of support such criteria have been undertaken. Moreover, in order to this SPG. In addition to this work, the Dumballs Road Area features within ensure that the development is deliverable, such criteria should be CBDC’s original Regeneration Strategy for Cardiff Bay from 1988, the informed by commercial considerations. Again this is not apparent Area Planning Brief for Dumballs Road from 1990 (commissioned by from the Draft. CBDC and produced by the Council) and is considered in its wider context within the Council’s City Centre Strategy 2003-2006. A full justification of the land uses proposed together with a full and up to date assessment of the context and design rationale would be expected as part of the design statement in support any formal planning application.

• Consider that a masterplan prepared by HMA Architects should be • Disagree. used as a basis for the Area Planning Brief. RPS consider that the The SPG does not seek to give detailed design or layout advice or principles set out in the plan (submitted with the comments) provide stipulate precise land uses, but to identify the broad land use principles, an appropriate basis for the Area Planning Brief. Specifically they urban design, layout and movement requirements to be considered as part state that their plan: of any new development proposal within the area. In this context it is considered that the Masterplan Principles as presented identify the main o Dispenses with the existing blocks of development which are issues for consideration without being overly prescriptive or presenting a shown retained in the Consultation Draft. The utilitarian particular development option. The location and nature of future origin and character of these blocks mean that they are infrastructure to serve the needs of the area (local centre, bus stops etc.) unlikely to generate the most appropriate or exciting built will require significant consultation with relevant Council Service Areas, form for the redevelopment. other stakeholders and the public as detailed proposals emerge. o Offers the potential to create a series of strong east-west routes linking Dumballs Road with the river. Retaining the

Approved by Cardiff Council 26 [22 June] 2006 Cardiff Supplementary Planning Guidance Dumballs Road Area Planning Brief

existing blocks of development would severely constrain this potential. o Locates a new local centre and bus stop within the development, but linked to Dumballs Road. The centre would therefore serve and help to connect the new and existing communities. This arrangement would also allow public transport penetration into the site. o Provides a mix of residential and employment land uses in addition to the local centre. The new employment development takes advantage of the Dumballs Road artery and linkages to the existing or redeveloped employment areas to the north and east. The residential development will maximise the potential of the river frontage and link to the open space and existing residential area to the south. o Identifies a centrally located area of open space. o Identifies landmark opportunities on the river frontage and Dumballs Road 'gateway' consistent with the Consultation Draft. o Will give the opportunity to continue the riverside pedestrian and cycle route currently running alongside the Century Wharf and Isis developments in a manner consistent with the Consultation Draft.

Approved by Cardiff Council 27 [22 June] 2006

For more information please contact: The Strategic Planning Manager Cardiff Council, CY1 County Hall, Atlantic Wharf, Cardiff CF10 4UW

Email: [email protected]

Appendix 6

Supplementary Planning Guidance

Public Art

(For Council Approval in June 2006)

Cardiff Supplementary Planning Guidance Public Art

CONTENTS

Page 1. Introduction 3

2. Policy Context 4

3. Background 5

4. Developments To Which The Guidance Applies 7

5. Appropriate Contributions 8

6. Where Public Art Is To Be Provided 9

7. Suitability of Artwork 10

8. Maintenance And Duty Of Care 11

9. Implementation 12

Appendices A. Consultation on the Draft SPG 13 B. Consultation Representations and Responses 14 C. Cardiff Unitary Development Plan 18

Approved by Cardiff Council 2 [22 June] 2006

Cardiff Supplementary Planning Guidance Public Art

1. INTRODUCTION

1.1 This draft guidance supplements Policy 11 (Design and Aesthetic Quality) of the City of Cardiff Local Plan (adopted January 1996) by encouraging the provision of public art in association with development proposals. It explains:

• The basis for the Council’s request for the integration of public art as part of development proposals. • The issues that should be taken into consideration during the development of an artwork proposal.

1.2 The guidance has been the subject of consultation as outlined in Appendix A, and Appendix B identifies the main proposed changes and other responses to the comments received. It was approved by the Council on [22 June] 2006.

1.3 The Welsh Assembly Government supports the use of supplementary planning guidance (SPG) to set out detailed guidance on the way in which development plan policies will be applied in particular circumstances or areas. SPG must be consistent with development plan policies and national planning policy guidance and may be taken into account as a material planning consideration in planning decisions.

1.4 The Council placed the Cardiff Unitary Development Plan on deposit in October 2003. However, following introduction of the European SEA (Strategic Environmental Assessment) Directive, in May 2005 the Council resolved, with the agreement of Welsh Assembly Government, to cease preparation of the Cardiff UDP and commence preparation of a Local Development Plan (LDP). Welsh Assembly Government guidance1 indicates that the deposited UDP may remain a consideration in development control decisions until such time as the LDP is adopted. Appendix C indicates references in the UDP to matters which are the subject of this guidance.

1 Revisions to Draft Local Development Plans Wales (Welsh Assembly Government October 2005, paragraph 7.8)

Approved by Cardiff Council 3 [22 June] 2006

Cardiff Supplementary Planning Guidance Public Art

2. POLICY CONTEXT

2.1 The development and integration of Public Art is actively encouraged throughout the planning policy framework:

Planning Policy Wales

2.2 Planning Policy Wales (2002) highlights the importance of good design in new development and identifies the provision of public art through Technical Advice Note 12: Design (paras 5.40 and 5.43), where it is stated that:

“Public art can play an important part in creating or exploiting individuality and raising the profile of our towns, villages and landscape. Focusing public art at key locations, at important junctions, meeting places or entry points can enhance existing townscape features and help to make the area more legible. There is considerable scope for integrating public art into the townscape, ranging from the dramatic to the subtle, from traditional free-standing landmark sculpture to the innovative design of functional objects. Through careful choice of location and use of tactile materials, public art can and should be made accessible to all. Increasingly, imaginative design of floorspace, railings, lighting and signage is being used to personalise everyday objects” (Para 5.40)

2.3 It is also states that:

“Public Art should be considered early in the design process and be integral to the overall design of a building, public space or place. The choice of artwork should be the subject of full collaboration from the outset between the artist, the local community and professionals involved in the design process. Engendering a sense of local ownership and public responsibility for artwork is critical to the long-term success of public art projects” (Para 5.43)

City of Cardiff Local Plan

2.4 This draft guidance supplements Policy 11 (Design and Aesthetic Quality) of the City of Cardiff Local Plan (adopted January 1996), which states:

‘All new development should be of good design which has proper regard to the scale and character of the surrounding environment and does not adversely affect the aesthetic quality of the area.’

The contribution that public art can make to good design and environmental quality is identified in paragraph 4.6.9, where it is stated that:

“Where appropriate, the City Council will also seek to achieve, via the grant of planning permission, social or community benefit related to the needs of the locality. Such ‘planning gain’ will vary according to the scale, location and type of planning application, and could include the provision of….. ‘a percentage for art’ …..where appropriate.”

Approved by Cardiff Council 4 [22 June] 2006

Cardiff Supplementary Planning Guidance Public Art

3. BACKGROUND

Public Art Strategy

3.1 This guidance should be read in conjunction with the Cardiff Public Art Strategy. The Strategy provides definitions of public art, illustrates development opportunities that have given rise to existing artworks within the city and highlights the issues that should be taken into consideration during the implementation of a public art project.

Benefits of Public Art

3.2 Public art can enhance and add value to development, contributing to all aspects of design, from street furniture and paving to building design and landscape. Incorporated into any publicly accessible or visible space, public art can contribute towards the quality and design of a development, creating local distinctiveness for residents, employees and visitors to the city.

Defining Public Art

3.3 Public Art can be diverse in form and function. It should be noted that public art does not only encompass sculptural or monumental features, but can also include elements integrated into the design of buildings, artworks defining routes and interchanges across a site, or artistic design enhancing proposed elements of a scheme, such as seating or signage.

3.4 Through incorporation into functional items, for example lighting, pedestrian railings and access ramps, public art can form a valuable tool in responding to the requirements of a site or the surrounding environment and these issues should be taken into consideration when assessing opportunities for public art initiatives.

3.5 Public Art is considered to include:

• Large scale three-dimensional artworks • Artist designed street furniture • Integrated two and three-dimensional works • Interior commissions in areas freely accessible to the public • Commemorative Works • Temporary or time-based commissions

A full definition of public artworks can be found in the Cardiff Public Art Strategy.

Community Engagement

3.6 Public art can form a valuable tool in helping to create a connection between a new development / scheme and the surrounding community. It can enable people to become actively involved in discussion and decision making about their environment and can create a range of educational opportunities through active participation with local community groups, schools and youth organisations.

Approved by Cardiff Council 5 [22 June] 2006

Cardiff Supplementary Planning Guidance Public Art

Essential criteria for defining Public Art

3.7 It is important for those involved in the development of new initiatives to be clear from the outset about the criteria which should be followed in the commissioning and development of public artworks, these are:

• Original work of a living or acknowledged artist of craftsperson, that is physically or visually accessible to the public and which may be created as a result of a collaborative process involving other groups, such as architects, planners and members of the local community. • Work that is site specific and not a mass-produced object or reproduction of an original artwork or a previously unrealised design. • Work that relates in time and place to Cardiff and to the city’s unique identity and distinctive sense of place

Approved by Cardiff Council 6 [22 June] 2006

Cardiff Supplementary Planning Guidance Public Art

4. DEVELOPMENTS TO WHICH THE GUIDANCE APPLIES

4.1 Public art can enhance the environment, contributing to all aspects of urban design, from street furniture and paving to building design and landscaping. With community involvement, it can be effectively employed to:

• Enhance the environment, making a real difference to the quality of life of its inhabitants • Aid regeneration by developing a positive identity for an area and improving its image • Encourage people to value their surroundings, contributing to a reduction in vandalism and fear of crime and creating a healthier, safer and sustainable environment.

4.2 Public art can contribute to the character and identity of an area and aid legibility by:

• Creating landmarks that provide reference points and enable people to orientate themselves • Defining routes and pathways • Making connections between places and spaces • Emphasising entrances, gateways and key junctions • Creating local distinctiveness and a sense of place.

4.3 The principles established within this guidance will be applied to public and private sector developments on a countywide basis. In general, the Council will seek to encourage the provision of public art within the following instances:

• Development proposals that require a Master Plan or Site Development Brief • Large scale redevelopment projects • Development within the Central and Waterfront Business Areas • Development within District and Local Centres • Major greenfield development sites (housing or employment) • Landmark sites, for example; entry points to the city, major road junctions, major transport interchanges and other sites of local significance

Approved by Cardiff Council 7 [22 June] 2006

Cardiff Supplementary Planning Guidance Public Art

5. APPROPRIATE CONTRIBUTIONS

Percent for Art

5.1 The Council will encourage developers to apply the principle of ‘Percent for Art’ when considering public art as part of a development proposal. ‘Percent for Art’ is a method whereby a proportion of the capital cost of a new development or renovation project (usually 1%) is allocated to the integrated provision of public art. The concept is flexible in that the level of financial support can be negotiated within the basic principle and should be considered as a guide when assessing a scale of contribution.

5.2 The overriding principle of ‘Percent for Art’ is that the sum established should be set aside at the start of a development process in order that provision can be made for public art that is integral to the development proposal.

The Amount of Public Art to be Provided

5.3 Public art need not necessarily be expensive and the cost of each artwork will vary according to its relationship to a site.

5.4 When assessing a contribution, developers will be expected to demonstrate how public art will be incorporated into their scheme that reasonably relates to the scale, location and use of the site.

5.5 Public art should form part of an overall design vision, with concepts being an integral part of a building or its setting. Where a site is expected to be delivered in phases, the developer will be expected to present a public art plan for the whole site.

5.6 Artists, where appropriate, should work in consultation with the local community i.e. those people who will be affected by the site and the installation.

5.7 In all negotiations, the specific circumstances of the proposed development will be considered, including the capacity of the site / development to yield contributions and the extent and scale of contributions that may be sought for other purposes.

Approved by Cardiff Council 8 [22 June] 2006

Cardiff Supplementary Planning Guidance Public Art

6. WHERE PUBLIC ART IS TO BE PROVIDED

6.1 The preferred course of action is that public art should be provided ‘on-site’, either being integrated into the structure of the development, or as a freestanding artwork. Developers and their agents are strongly encouraged to involve artists at the earliest stages of the planning / development process, as outlined in Tan 12: Design.

6.2 When it is not practicable to provide an on-site artwork, opportunities should be considered to provide public art within the reasonable vicinity of the development. The provision of public art within the vicinity of a development will be effected by the issue of land ownership; consequently it may be appropriate for the Council to seek to secure a financial contribution toward public art and to undertake the project itself. In these circumstances, the Council will consult widely on proposals and where appropriate acknowledge the developer accordingly.

6.3 In all circumstances the Council encourages the commissioning of innovative new artworks that respond specifically to the site.

Construction Hoardings

6.4 For all development schemes the opportunity exists to incorporate public art into the temporary hoardings located around the construction site.

6.5 Hoardings provide a key opportunity to engage with the local community. Artist run workshops can be used to create painting or design competitions with local schools or youth organisations and can provide educational opportunities by exploring the local history of the site, or the proposed landuse.

6.6 The integration of public art within site hoardings should be considered as an opportunity during the construction phase of the project and not as a sole contribution for public art as part of a development proposal.

Approved by Cardiff Council 9 [22 June] 2006

Cardiff Supplementary Planning Guidance Public Art

7. SUITABILITY OF ARTWORK

7.1 The diversity of what constitutes Public Art means that the processes for undertaking a project and the type of artwork created will vary between developments. There are however a series of issues common to the development of any artwork project and will be taken into account when assessing a public art contribution, these are:

• How the artwork will contribute toward the development proposal • Involvement of an artist or craftsperson • Appropriateness of the proposal in relation to scale and design context of the site • Suitability with regard to location, public usage and surrounding environment • Quality of the artwork with regard to the use of materials • Links to educational programmes and engaging the local community • Provision for maintenance and aftercare • Documentation of project information

Art Agencies

7.2 Arts Agencies are well placed to provide considerable experience in the development of artworks within the public realm. In most cases, particularly for the larger and more complex commissions, the involvement of an arts agency will be encouraged.

7.3 The Cardiff Public Art Strategy provides guidance on developing an artwork proposal and elaborates on the issues raised above.

Approved by Cardiff Council 10 [22 June] 2006

Cardiff Supplementary Planning Guidance Public Art

8. MAINTENANCE AND DUTY OF CARE

8.1 Provision will be expected to be made for future maintenance costs associated with an artwork and this should be built into the overall project budget. Maintenance costs will vary according to the nature of an artwork and an assessment will need to be made in the context of the proposal.

8.2 When establishing maintenance and duty of care it is recommended that:

• Where a public artwork is integral to a building, or provided within the curtilage of a development, the maintenance responsibility and duty of care will be expected to remain with the site and building owners.

• Where a public artwork is provided by the developer within the vicinity of a development an agreement should be made between the developer and the Council to establish maintenance responsibilities. In cases where duty of care is passed to the Council a financial contribution will be expected for maintenance.

• Where a financial contribution is provided toward public art which the Council then commissions, an agreed sum will be reserved for maintenance. The duty of care will rest with the Council.

8.3 For all new artworks, the commissioner will be required to provide a complete maintenance schedule and register details of ownership and duty of care.

Approved by Cardiff Council 11 [22 June] 2006

Cardiff Supplementary Planning Guidance Public Art

9. IMPLEMENTATION

9.1 The provision of public art on site will normally be secured and implemented through planning conditions. In the case of a financial contribution, or the off site provision of an artwork, this will normally be delivered through an agreement under Section 106 of the Town and County Planning Act 1990.

9.2 Public Artworks that form part of an application for a development, or artworks that require a planning application in their own right will be determined by the Council’s planning committee with appropriate consultation as necessary.

Approved by Cardiff Council 12 [22 June] 2006

Cardiff Supplementary Planning Guidance Public Art

APPENDIX A: CONSULTATION ON THE DRAFT SPG

C.1 Consultation on this guidance was undertaken between 14th February and 14 March 2006. A Press Notice was placed in the South Wales Echo on Tuesday 14 February 2006 and notices and copies of the draft guidance were placed in all Cardiff Libraries. The draft guidance was also published on the Council's website.

C.2 Letters notifying that consultation was being undertaken on the draft guidance were sent to Cardiff Councillors, the Welsh Assembly Government, Environment Agency, Countryside Council for Wales, Community Councils in Cardiff and the following who are known to have a general interest in planning in Cardiff, or a potential interest in this guidance:

• Arup • Arts Council for Wales • Artworks Wales • Atkins • Baker Associates • Barton Willmore Planning Partnership • Boyer Planning • Cardiff Chamber of Commerce • Cardiff University*** • CBAT: The Arts and Regeneration Agency • CDN Planning • Chartered Institute of Housing Cymru • Design Commission for Wales*** • Development Planning Partnership • DLP Consultants • DTZ Pieda Consulting • Enviros Consultancy • GL Hearn Planning • GVA Grimley • Halcrow • Harmers Ltd • Home Builders Federation*** • John Robinson Planning & Design • Lovell Partnership • Mason Richards Planning • MVM Planning • Robert Turley Associates • RSAW • RTPI Wales Branch • South Wales Police • Stride Treglown Town Planning • Wales Tourist Board • WDA (South East Division) • White Young Green Planning

C.3 Comments specifically or generally relevant to the draft guidance were received from the above consultees indicated *** and from:

• Hepher Dixon • RPS Planning • Nathaniel Lichfield and Partners

Approved by Cardiff Council 13 [22 June] 2006

Cardiff Supplementary Planning Guidance Public Art

APPENDIX B: CONSULTATION REPRESENTATIONS AND RESPONSES

REFERENCE2 REPRESENTATION COUNCIL RESPONSE

General We endorse the content of this document and the The Public Art SPG seeks to promote and encourage importance which is placed on encouraging and opportunities for the integration of public art within facilitating the provision of public art. development proposals.

General The provision of public art has to be encouraged, The SPG does not seek to impose public art, it aims to negotiated and be agreed rather than imposed. encourage / promote public art and add value to development. Urge that the SPG is seen as guidance.

General Well designed schemes should be capable of Issue identified in paragraph 3.4. Through incorporation into creating an attractive public realm, including functional items, for example street furniture, public art can attractive street furniture, paving and signage form a valuable tool in responding to the requirements of a site. without the necessity of set pieces which may be However the final item must meet the criteria identified in costly to maintain. paragraph 3.6 (Essential criteria for defining public art)

General Suggested that this policy be considered on a site Each development would be assessed on its merits, having by site basis which would be more inline with the regard to all material planning considerations. Consideration objectives of Planning Policy Wales. should be given to the contribution public art can make to a development, by creating local distinctiveness or responding to a specific functional issue within the site or in the immediate vicinity of the development. This issue is acknowledged in paragraph 3.2.

2 Reference to paragraph in Consultation Draft of SPG

Approved by Cardiff Council 14 [22 June] 2006 Cardiff Supplementary Planning Guidance Public Art

General The document fails to emphasise the benefits of Arts agencies are able to provide considerable experience in working with public art professionals. the development of artworks within the public realm. This issue is acknowledged in paragraph 7.3

General The guidance should be promoted at the earliest The Public Art SPG and Cardiff Public Art Strategy documents possible stages, in pre-application or outline aim to increase awareness and promote the development of discussions. public art through the development process.

3. Background Public art definitions should include reference to The development of public artworks can create an opportunity projects which may not necessarily result in for community engagement, particularly during the physical works, but may provide a vehicle for development phase of a project by creating a means of community engagement. communication and help create a connection between a new development / scheme and the surrounding community. This issue is acknowledged in paragraphs 3.5 and 3.6.

Para 3.6 The public art criteria is supported, though it must Paragraph 5.5 identifies that public art should form part of an be adaptable to ensure that artworks are allowed to overall design vision, with concepts being an integral part of a manifest themselves in high quality design. building or its setting.

5.1 Percent for Art Important to make the public art contribution The SPG does not seek to impose public art, it aims to commensurate with the location so that it makes a encourage / promote public art and add value to development. statement in strategic locations. To this end the ‘Percent for Art’ is provided as an initial guide for developers ‘percent for art’ contribution needs to be given when considering public art as part of a development proposal. serious consideration as to its justification. Public art should form part of an overall design vision and reasonably relate to the scale, location and use of the site.

Approved by Cardiff Council 15 [22 June] 2006 Cardiff Supplementary Planning Guidance Public Art

5.1 Percent for Art Remain unconvinced that the essence of the The SPG does not seek to impose public art, it aims to document is to encourage / promote public art. encourage / promote public art and add value to development. Suggest that paragraph 5.1 be amended to read ‘Percent for Art’ is provided as an initial guide for developers “The Council will seek to encourage developers to when considering public art as part of a development proposal. adopt the principle of ‘percent for art’. This issue is acknowledged in Paragraph 5.1.

5.1 Percent for Art Reservation about the use of ‘percent for art’ as a The SPG does not seek to impose public art, it aims to fixed formula. encourage / promote public art and add value to development. ‘Percent for Art’ is provided as an initial guide for developers when considering public art as part of a development proposal.

5.1 Percent for Art Concern regarding any element of compulsion in The SPG does not seek to impose public art, it aims to the provision of public art. encourage / promote public art and add value to development. ‘Percent for Art’ is provided as an initial guide for developers when considering public art as part of a development proposal.

Para 5.5 A site may have obtained outline planning consent Public Art should form part of an overall design vision for a site, from one individual, but subsequent reserve matter with concepts being an integral part of a building or its setting. applications will be applied for by various different The creation of a public art strategy for the whole site at an applicants (over a phased period of time). In this early stage that considers the layout of the site, the potential scenario it might then be difficult for a public art integration of artworks and themes and topics to be explored strategy to be introduced comprehensively at an will help to ensure a consistent approach to the development of early stage. Therefore any amendment should public art and provide a coordinated framework for future specify that any public art strategy should form part developers. of the reserve matters submission package when appropriate.

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6. Where Public Art is to Acknowledgement should be made that developers This issue is identified in paragraph 6.2. be provided. could also make an off-site financial contribution to public art.

8. Maintenance and Circular 13/97 states that the costs of subsequent Public art should form part of an overall design vision, with Duty of Care maintenance and other recurrent expenditure concepts being an integral part of a building or its setting. should normally be borne by the body or authority Where a public artwork is integral to a building, or on land that in which the asset is to be vested. As a general is privately owned, the maintenance responsibility would be rule, planning authorities should not attempt to expected to remain with the site and building owner. In impose commuted maintenance sums. circumstances where a public artwork is to be sited on land within Council ownership an agreement should be made between the commissioner and the Council to establish maintenance responsibilities.

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APPENDIX C: THE CARDIFF UNITARY DEVELOPMENT PLAN

E.1 The Cardiff Unitary Development Plan was placed on deposit in October 2003. Following introduction of the European SEA (Strategic Environmental Assessment) Directive in 2004 and subsequent up-dated guidance from the Welsh Assembly Government on development planning, the Council has sought the agreement of the Assembly to cease preparation of the Cardiff UDP and commence preparation of a Local Development Plan (LDP).

E.2 Guidance issued by the Welsh Assembly Government in respect of LDPs indicates that where a UDP has been put on deposit it may remain a consideration in development control decisions until such time as an LDP has been placed on deposit. Generally, the weight to be attached to policies in emerging UDPs depends on the stage of plan preparation, the degree of any conflict with adopted plans, and the number and nature of any objections and/or representations in support of the policy.

E.3 Policy 2.56 (Public Art) of the deposited Cardiff UDP states:

Public art will be sought to enhance the character and appearance of development and public spaces.

E.4 Representations were made at deposit objecting to this proposed policy.

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For more information please contact: The Strategic Planning Manager Cardiff Council, CY1 County Hall, Atlantic Wharf, Cardiff CF10 4UW

Email: [email protected]

Appendix 7

Supplementary Planning Guidance

Safeguarding Employment Land

(For Council Approval in June 2006)

Cardiff Supplementary Planning Guidance Safeguarding Land for Business and Industry

Contents Page Number

1 Introduction 1

2 Policy Context 2

3 Scope of Guidance 4

4 Policy Criteria Used to Assess Planning Applications 6

5 Protected Employment Areas 11

6 Sites With Alternative Land Use Potential 13

List of Appendices

A Wales Spatial Plan 15

B National Economic Development Strategy 16

C South East Wales Development Strategy 17

D Development Plan Policies 18

E The Cardiff Unitary Development Plan 20

F Use Classes Order (Business & Industrial Uses) 22

G Consultation on Draft SPG 23

H Consultation Representations and Responses 25

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1 Introduction

1.1 This draft Supplementary Planning Guidance Note (SPG) relates to policies concerned with the alternative use of business, industrial and warehousing land in the existing development plan for Cardiff. The SPG has been drafted in response to the increasing numbers of applications for the alternative use of business and industrial land. It is intended to identify the developments to which the policies apply, and provide advice to prospective applicants and the general public on the criteria against which proposals for the alternative use of business, industrial and warehouse land will be considered.

1.2 This guidance has been the subject of consultation as outlined in Appendix G and Appendix H identifies the main changes made in response to the comments received. It was approved by the Council on [22 June] 2006.

1.3 The Welsh Assembly Government supports the use of Supplementary Guidance (SPG) to set out detailed guidance on the way in which development plan policies will be applied in particular circumstances or areas1. SPG must be consistent with development plan polices and national planning policy guidance. It may be taken into account as a material planning consideration in planning decisions.

1.4 Policies in existing development plans to which this draft SPG relates are identified in Appendix D.

1.5 The Council placed the Cardiff Unitary Development Plan on deposit in October 2003. However, following introduction of the European SEA (Strategic Environmental Assessment) Directive, in May 2005 the Council resolved, with the agreement of Welsh Assembly Government to cease preparation of the Cardiff UDP and commence preparation of a Local Development Plan (LDP). The relevance of the UDP to this guidance is addressed in Appendix E.

1 Unitary Development Plan Wales (NAW, February 2001) paragraphs 2.12- 2.16

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2 Policy Context

National Policy

2.1 Planning Policy Wales (PPW) sets out the Government’s planning policies in Wales. In terms of the economy, it states that authorities must ensure that:

"...... sufficient land suitable for development for enterprise and employment uses and well served by infrastructure is designated for employment use so as to meet both identified and as yet unidentified needs; and that new development for enterprise and employment uses is located and implemented in accordance with sustainability principles."

2.2 In terms of planning for sustainability, PPW sets out a number of policy objectives which are directly relevant to this SPG. These include : locating developments so as to minimise the demand for travel; promoting access to employment areas; and, promoting quality, lasting, environmentally-sound and flexible employment opportunities.

National Economic Development Objectives

2.3 "People, Places, Futures", The Wales Spatial Plan sets out a strategic agenda for the country for the next 20 years covering a range of policy sectors. A number of action points are developed for each area of Wales, Cardiff being a key part of the South East - The Capital Network area. The key considerations in terms of Cardiff's economy are detailed in Appendix A.

2.4 The National Economic Development Strategy - "A Winning Wales", published by WAG, sets out a national vision for economic development :

"To achieve a prosperous Welsh economy that is dynamic, inclusive and sustainable, based on successful, innovative businesses with highly skilled, well-motivated people."

2.5 The key objectives and priorities which derive from this strategy are detailed in Appendix B.

Regional Policy

2.6 The South East Wales Economic Forum's South East Wales Development Strategy sets out the issues which require addressing in order to retain a prosperous and competitive region.

Local Planning Policy

2.7 Relevant development plan policies are listed in Appendix D. In particular, this guidance relates to policy 36 of the Local Plan and policies E1 and E3 of the South Glamorgan (Cardiff Area) Replacement Structure Plan. Policies 37 and 38 of the Local Plan are also relevant.

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Local Economic Development Objectives

2.8 Cardiff Council's Economic Development Strategy and Economic Development Plan set out aims and objectives for the continued economic growth and regeneration of the City.

2.9 The key aims of this policy framework are to : • sustain and enhance a modern, diverse and globally competitive economy able to increase and spread future prosperity throughout the City, its hinterland, and all Wales; and, • create and enhance sustainable economic opportunities for Cardiff, its communities and its citizens.

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3 Scope of Guidance

3.1 The SPG provides guidance on the assessment of alternative development proposals on business, industrial and warehousing land. It applies to all land within the B1, B2 and B8 Use Classes Order (Appendix F) and therefore includes commercial office space.

3.2 Business, industrial and warehousing land includes: • land allocated for such use on the Local Plan Proposals Map; • land identified for such use on the Local Plan Proposals Map; and, • land in existing use for B1, B2 and B8 purposes.

3.3 The guidance relates to applications for the change of use of this land to alternative proposals such as housing, retail and leisure. It specifically expands on criteria contained in development plan policies designed to assess demand and need. Chapter 4 provides further details of the type of supply information expected from Agents/Applicants.

3.4 Taking into account demand and need considerations, the guidance identifies 2 main types of employment location, strategic employment sites and locally important employment sites, which the Council will seek to retain for B1, B2 and B8 purposes. Chapter 5 provides further details.

3.5 Strategic employment sites have the following characteristics:

• allocated in the development plan • contained in the Council's landbank • required in order to fulfil the Council's economic development aims and objectives as set out in the Corporate Plan, Economic Development Strategy and Economic Development Plan • accessible to the Rail Freight facilities • accessible to Port facilities • direct access to and existing/proposed Primary Road Network • accessible to Cardiff International Airport • accessible to public transport links to the city centre / Cardiff Bay via bus and train links

3.6 Locally Important Employment Sites have the following characteristics:

• accessible to local workforce by a range of modes of transport, including walking, cycling, and public transport, as well as the private car • well located to existing and proposed residential areas • in areas of high unemployment

3.7 The guidance recognises that for some sites, their sole use for business and industrial purposes may no longer be viable. In such cases the Council will adopt a more flexible approach and, where appropriate, will seek to secure a

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mix of land uses, including business/industrial provision, before considering purely residential schemes. Further information is contained in Chapter 6.

3.8 The SPG also provides further information on landuses which may not be suitable as part of mixed use schemes (e.g., transport depots and utilities infrastructure) and complementary facilities in employment areas (e.g. crèches, gyms, food kiosks, cafes etc).

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4 Policy Criteria Used To Assess Planning Applications

4.1 All proposals for the alternative use of existing and proposed business and industrial land will be considered against 2 main criteria:

• whether there is demand for business, industrial or warehouse use on an application site • whether there is a need to retain the land for business, industrial or warehouse use

Demand

Requirements from Agent/Applicant

4.2 When submitting an application for the alternative use of business, industrial or warehousing land, the Applicant or Agent will be expected to provide a statement to the Council to ascertain how long a particular site has been marketed for employment use and the degree of interest.

4.3 Demand information from the Agent or Applicant usually takes the form of a marketing report or correspondence from the relevant property agent. The content should include :

• details of existing occupiers, if any; • if appropriate, the length of time a property or site has been vacant; • the type of use which the property/site has been marketed for; • the amount of interest in the site during the marketing period - this should detail the number of queries, the type of use sought, and if known, the reason for not pursuing the initial query; and, • whether the relocation of existing occupiers to other suitable accommodation will be facilitated

Council's Demand Assessment

4.4 The Council’s Policy and Economic Development section hold a record of individuals and organisations who have contacted the Council seeking employment land and premises in Cardiff. The information provides a monthly monitor of business and industrial demand in Cardiff and can be analysed by size, employment sector and source and as such is one measure of market demand for business, industrial and warehousing space in the City. A separate database, compiled in association with commercial property agents, monitors actual take-up rates as a consequence of the initial inquiry. This data source will also be referred to when considering demand for alternative use of employment land. Further details on the database can be obtained from the Council's Policy and Economic Development section (tel: 029 20872661).

4.5 The Council's Policy and Economic Development section will also refer to market surveys and current research in order to assess the potential demand for investment on particular sites. Again, further details can be obtained by contacting 029 20872661.

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4.6 The Council's Corporate Plan, Economic Development Strategy and Economic Development Plan outline the key economic aims and objectives of the Council and its partners. It recognises that the availability of land to facilitate the expansion of existing firms and the attraction of new investors is a major consideration if these aims and objectives are to be achieved.

4.7 A number of key strategic sites and premises are identified which contribute to the aims and objectives of the Council's Economic Development Strategy. These include sites at Callaghan Square, Celtic Gateway and Capital Business Park. Other strategic sites across Cardiff will also contribute towards meeting the goals of the Economic Development Strategy, the locational characteristics of such sites are detailed in paragraph 5.4.

4.8 The Strategy identifies a number of higher value sectors which are considered of key importance to the development of Cardiff's economy. These are considered important for the main following reasons :

• ability to add value to the Cardiff economy; • economic development potential; • strategic importance to the continued stability and diversity of Cardiff's economy; • the potential for both current and future market growth; and, • generate sustainable local employment for the citizens of Cardiff.

4.9 Market reports and the Economic Development Strategy indicate that Cardiff should be aiming to attract higher value business and industry. Cardiff is well placed to attract such occupiers for a number of reasons including: capital city status; image; infrastructure; access to labour; skills base; and living environment.

4.10 Higher value occupiers will require specific locations. The following table provides a broad indication of the types of location which key sectors of the economy require.

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Business/Industrial Requirements Sector Advanced Engineering • High quality manufacturing space in a business park environment, close to main suppliers • High quality laboratory space for specialist testing and product development • Expansion space and support for existing occupiers in situ Freight/Distribution • Distribution space located near the M4 • Distribution space located near to the Rail Freight Terminal • Space near a large labour pool Electronics • High quality units in a business park environment • Space in close proximity to suppliers • High quality laboratory space for specialist testing and product development Food and Drink • Small scale manufacturing units for niche local food processing and packaging • Medium/large scale warehouse premises near to strategic roads • Medium/larger units for the wholesale manufacture of foods Biotechnology • Space within a high quality business park environment Media/Publishing • Demand for warehousing facilities for storage • Small workshop units for businesses starting up in the creative industries • ICT infrastructure • Demand for industrial units with space for the production of materials within a high quality business park environment Headquarter/Prestige • Demand for highly accessible city-centre/Bay Office Occupiers accommodation

4.11 It is important to ensure that there are sufficient employment sites in these locations of the right quality in order to ensure that Cardiff’s existing and future economic development requirements can be satisfied.

Need

4.12 If demand has been established on a site for business, industrial or warehouse use, this is taken as evidence of a need to retain the site for such purposes. The site or premises evidently performs a role in meeting economic development requirements and should be protected from alternative land uses.

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4.13 Where demand has not been established, the need to retain a site for business, industry or warehouse will be assessed against a range of criteria. These include locational considerations and levels of local unemployment. Evidently, published unemployment levels are unlikely to be challenged but there may be considerations relating to the locational factors outlined below which the applicant would wish to submit as supporting information.

Location

4.14 One of the overriding principles which underpins national planning guidance and development plan policy is the promotion of sustainable development. In terms of employment land, there are a number of key policy objectives, implicit in development plan policies, which derive from PPW, and include :

• locate developments so as to minimise the demand for travel, especially by private car; • promote access to employment; • foster social inclusion by ensuring that full advantage is taken of the opportunities to secure a more accessible environment for everyone ....this includes helping to ensure that development is accessible by means other than the private car; and, • promote quality, long-lasting, environmentally-sound and flexible employment opportunities.

4.15 Sites and premises which are highly accessible by public transport, walking and cycling and which remain viable locations for business, industrial and warehouse development will be unsuitable for single use alternative development proposals.

4.16 There is a particular need to retain offices and other employment uses with a large workforce, where they are well located to non-car based modes of transport. The city-centre and city centre fringe are particularly accessible and provide an important pool of employment for large numbers of Cardiff's residents.

4.17 A large number of employers in the city-centre are located within walking distance of major public transport nodes such as Central Bus Station, Cardiff Central rail station, and Queen Street rail station.

4.18 In order to ensure that these employment opportunities are sustained and enhanced, there is a need to retain sites and premises in these locations.

4.19 Outside the city-centre, there is also a need to retain sites, accessible by a range of transport options, in employment use. Unless such sites are protected, employment opportunities will increasingly become restricted to locations with limited or no means of access other than the private car. The consequences of such a land-use pattern include: an increase in travel to work times; increased air pollution; increased congestion with a subsequent impact on staff morale and business performance; and, increased social exclusion of groups without access to the private car.

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4.20 These sites are considered particularly important as they:

• provide viable employment opportunities for a substantial walk-in catchment; • are well located in terms of access to regular public transport services; or • are well located in terms of the City's cycle routes

4.21 Other, more strategic sites, which employ persons from a wider catchment area, are also important in terms of accessibility criteria. These sites are important for a number of reasons, including:

• access to Rail Freight facilities; • access to Port facilities; • direct access to M4 motorway and Primary Road Network; • access to Cardiff International Airport; • access to public transport links to the city centre via bus and train links.

Local Unemployment Levels

4.22 Cardiff has recently benefited from a strong economy which has resulted in low unemployment rates. However, there are still parts of Cardiff which suffer from deprivation. Southern areas of the City suffer particularly from a range of deprivation indicators including higher unemployment levels.

4.23 The provision of local job opportunities will be a very important consideration when assessing need in relation to the alternative use of viable employment sites located in areas of high unemployment. Such employment sites not only provide potential job opportunities for the immediate community but can also contribute towards minimising the need for car travel.

4.24 The Council's Policy and Economic Development section produce a Monthly Employment Statement which provides information on unemployment levels. For further information, please ring 029 20873205.

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5 Protected Employment Areas

5.1 All proposals for the alternative use of existing and proposed business and industrial land will be assessed against development plan policy. This will particularly involve consideration of demand and need issues as outlined in Chapter 4.

5.2 Based on an overall assessment of demand and need issues, with reference to sections Chapter 4, 2 categories of employment location have been identified which the Council will seek to retain for business, industrial and warehouse use. These employment locations can be classified as strategic employment sites and locally important employment sites.

5.3 Applications for the alternative use of these sites will only be considered where it can be demonstrated that the site is no longer a suitable or viable location for business, industrial or warehousing use taking into account: operational needs of B1, B2 and B8 occupiers; environmental constraints; and amenity considerations.

Strategic Employment Sites

5.4 High priority will be given to the retention of strategic employment sites for such use and proposals for alternative use are unlikely to be permitted without strong justification. These employment locations have some of the following characteristics :

• allocated in the development plan; • contained in the Council's landbank; • required in order to fulfil the Council's economic development aims and objectives as set out in the Corporate Plan, Economic Development Strategy and Economic Development Plan; • accessible to the Rail Freight facilities; • accessible to Port facilities; • direct access to M4 motorway and existing/proposed Primary Road Network; • access to Cardiff International Airport; • access to public transport links to the city centre / Cardiff Bay via bus and train links.

Development Plan Allocations

5.5 Development Plan allocations are listed in Policy 33 of the Local Plan and defined on the Local Plan Proposals Map. These allocations have been selected specifically to meet the County's requirement for business, industrial and warehousing land across the development plan period.

5.6 The City of Cardiff Local Plan, although with a 2001 "end date" continues in force under transitional provisions. Local Plan allocations not yet taken up will be reviewed, in line with advice in PPW, through the Local Development Plan process. Until this time, residual allocations in the City of Cardiff Local Plan

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remain designated land for Cardiff's employment needs and should therefore be protected.

Landbank

5.7 Sites which have received planning consent for business, industrial and warehousing purposes but are as yet unimplemented, form the Business and Industrial Landbank. The Landbank provides employment sites to meet Cardiff's future economic growth. The Cardiff Business and Industrial Landbank Monitoring report is produced annually and can be obtained from Strategic Planning (tel: 029 20873456).

Locally Important Employment Sites

5.8 Proposals for single, alternative land uses on locally important employment sites are unlikely to be permitted without strong justification. Such sites have some of the following characteristics :

• accessible to local workforce by a range of modes of transport, including walking, cycling, and public transport, as well as the private car; • well located to existing and proposed residential areas; • in areas of high unemployment

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6 Sites With Alternative Land Use Potential

6.1 It is recognised that not all business, industrial and warehousing land remains well located for such purposes. There will be a number of sites across Cardiff where their sole use for business and industrial purposes is no longer viable. In such cases, and where this is demonstrated by the Applicant/Agent, the Council will adopt a more flexible approach and, where appropriate, will seek to secure a mix of land uses. Where mixed use development is considered appropriate, any subsequent increase in land values can be used to secure improved, modern business/industrial facilities which can potentially offer higher employment densities.

Mixed Use Development

6.2 Where there is no demonstrable demand for business, industrial or warehousing development, and where there is no overriding need to retain a site solely in such use, mixed use development will be sought.

6.3 Mixed use development comprising a balanced approach to employment, housing and community facilities will particularly be favoured. Such mixed use schemes will need to secure a reasonable proportion of business and industrial units, appropriate to each location and circumstance.

6.4 Mixed-use development proposals involving housing and employment will need to demonstrate that the resulting residential amenity levels are satisfactory and that there would be no unacceptable impact on the operating conditions of existing and proposed businesses.

6.5 Schemes involving residential accommodation should also ensure that necessary community facilities are accessible or can readily be provided on the site. Contributions may be sought from developers towards the provision of necessary facilities. Open space and affordable housing provision in particular will need to be addressed, the relevant policy framework is provided in Appendix D.

Residential Development

6.6 The Applicant or Agent should explain why mixed use development, including a reasonable proportion of business and industrial space is not feasible on a particular site. Where this is satisfactorily demonstrated, preference will be given to residential development, supporting WAG's objective of securing new residential development on previously developed land.

6.7 Residential development proposals will need to demonstrate that the resulting residential amenity levels are satisfactory and that there would be no unacceptable impact on the operating conditions of existing and proposed businesses.

6.8 Residential schemes should ensure that necessary community facilities are accessible or can readily be provided on the site. Contributions may be

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sought from developers towards the provision of these community facilities. Open space and affordable housing provision will need to be addressed.

Alternative Land Uses Unsuitable for Mixed Use Schemes

6.9 Some development proposals may involve uses which are appropriately located on business, industrial or warehousing land and which are unsuitable as part of mixed use schemes. Such uses will mainly include developments such as transport depots and utilities installations.

Complementary Uses in Employment Areas

6.10 The provision of child-care, open space, food, drink and leisure uses, of an appropriate nature and scale within existing and new office, industrial and warehousing developments is supported by development plan policy.

6.11 The complementary provision of food, drink and leisure uses will be acceptable where there is an absence of such facilities in employment areas and where such facilities provide a service to meet the needs of employees. Appropriate leisure facilities may include gyms and indoor fitness facilities. Appropriate food and drink uses may include kiosks, cafes and snack bars.

6.12 However, larger food, drink and leisure facilities which would be equally attractive to non-employees would not be appropriate in existing and new office, industrial and warehousing developments. Such proposals would have to be assessed against relevant development plan policies.

Other Land Use Proposals

6.13 Other proposals for the alternative use of employment land will be assessed against relevant development plan policy.

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Appendix A - Wales Spatial Plan

South East - The Capital Network

Vision • "An innovative skilled area offering a high quality of life - international yet distinctly Welsh. It will compete internationally by increasing its global visibility through stronger links between the Valleys and the coast and with the UK and Europe, helping to spread prosperity within the area and benefiting other parts of Wales".

Key Propositions: • The success of the area relies on Cardiff developing its capital functions, together with strong and distinctive complementary roles of other towns and cities.

• The linked challenges of low economic activity rates, skill levels and poor health need to be tackled to address social exclusion and improve economic performance in a lasting way.

Key Area Actions: • Increase the transport capacity of the corridors and gateways to Europe and beyond. This will include capacity enhancements on the M4 and A465 corridors through the Trunk Road Forward Programme as well as the development of routes from Cardiff International Airport.

• Development should be avoided in areas vulnerable to future flooding in the light of estimates of the impact of climate change following the advice in TAN 15 Development and Flood Risk.

• Employment site provision reviewed in consideration of this Plan and the WDA Property Strategy to bring forward new proposals and reallocate sites where necessary, optimise the potential of existing sites and develop proposals for the location of a Premier Business Park in South East Wales.

Relevant National Actions: • Increasing levels of economic activity, supported through the policies in "A Winning Wales", " Learning Country" and "Reaching Higher", and the Welsh Assembly Government's Report on Raising Economic Activity Rates (July 2004).

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Appendix B - The National Economic Development Strategy, "A Winning Wales"

Vision • To achieve a prosperous Welsh economy that is dynamic, inclusive and sustainable, based on successful, innovative businesses with highly skilled, well-motivated people

Key areas for action • increase the knowledge, research and development, and innovation capacity in all parts of the Welsh economy • help more people into jobs to bring down our levels of economic inactivity • build on our considerable strengths in manufacturing • increase the number of jobs in financial and business services • encourage the development of our country's green economy • promote opportunities for Welsh companies to develop international trade • support the social enterprise sector which can bring growth and opportunity to disadvantaged communities in particular • exploit to the full the potential of our major ports and encourage Cardiff International Airport to act as an international gateway • contribute to the UK Government's target to increase by 80% the amount of freight moved by rail and to improve the efficiency and quality of the way we move freight by road

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Appendix C - South East Wales Development Strategy, South East Wales

Vision The South East Wales Economic Forum's vision for South East Wales is: A region on the way to becoming one of the most prosperous in Europe, and providing opportunities for every individual, enterprise and community to share in that prosperity.

Key Propositions • South East Wales will develop very strong business and academic links to the high-growth, high-innovation, knowledge economies of Europe. This will be facilitated by significant improvements in rail, road and air links, as well as by very generous broadband connections and by academic success and cooperation

• Within 10 years, South East Wales will have seen the emergence or transformation of a limited number of key sectors, featuring innovative firms generating sustained profits growth for investment. Between them they will have significantly improved the region's growth rate

• Cardiff will be regarded as a true European capital, with an international reputation and an international outlook, and rooted in a capital region which fully represents the future as well as the traditions of Wales.

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Appendix D – Development Plan Policies

Local Plan Policies

Policy 36 “Alternative Use of Business, Industrial and Warehousing Land”

“Proposals for alternative use of existing and proposed business, industrial and warehousing land will be assessed against the following: i. the demand for and the need to preserve a range and choice and quality of sites available for business, industrial and warehousing development; ii. considerations of scale, location, design, amenity and transportation; iii. within Cardiff Bay, approved proposals arising from area planning briefs”

Policy 37 “Safeguards For Residential Amenity and Existing Industrial Areas or Operational Docks” “Where existing industrial areas or operational docks abut proposed residential sites, appropriate amenity safeguards will be required in the design and layout of the residential development, to ensure an acceptable standard of residential amenity without compromising the operating conditions of the existing enterprises.”

Policy 38 “Land Within the Operational Docks” “Land within the operational docks, as defined on the Proposals Map, will be maintained, and developed for port-related industry”.

Policy 24 “Affordable and Special Needs Housing” "Provision for an element of affordable housing and for housing for special needs groups will be sought on all new housing sites of more than 50 dwellings where there is evidence of need which can be satisfactorily met on the site and where site conditions allow. The precise scale will vary from case to case and will be a matter of negotiation."

Policy 31 “Residential Open Space Requirement" "Provision of a satisfactory level and standard of open space will be sought on all new housing developments, based on a minimum of 2.43 hectares of recreational open space per 1,000 projected population. In assessing particular requirements regard will be had to evidence of the extent and nature of need in the locality."

South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011 Policy E1 “Business and Industrial Sites” “A range and choice of sites for business and industrial purposes should be provided and protected, giving priority to the development of sites which have received planning permission or which are allocated in the development plan, particularly within the existing and proposed urban areas at Wentloog and Cardiff Bay. Any new sites which are necessary: i. to provide suitable employment uses within or adjacent to areas of unemployment, deprivation and social stress; or ii. to provide for inward investment,

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Policy E2 “Community Workshops” “The development of community workshops, training facilities and other forms of community enterprise in areas of high unemployment, deprivation and social stress will be favoured”

Policy E3 “Protection of Business and Industrial Land” “Land allocated or identified for business and industrial purposes in the development plan will be safeguarded for such use subject to other development plan policies.”

Policy E5 “Office Development” “Office Development larger than 1,000 square metres will be favoured within the Principal Business Areas of and Cardiff Bay.”

Policy H5 "Affordable Housing" "Within the overall level of housing provision set out in Policy H1 priority will be given to facilitating the provision, in accordance with other development plan policies, of affordable housing in appropriate locations"

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Appendix E – The Cardiff Unitary Development Plan

The Cardiff Unitary Development Plan was placed on deposit in October 2003. Following introduction of the European SEA (Strategic Environmental Assessment) Directive in 2004 and subsequent up-dated guidance from the Welsh Assembly Government on development planning, the Council has sought the agreement of the Assembly to cease preparation of the Cardiff UDP and commence preparation of a Local Development Plan (LDP).

Guidance issued by the Welsh Assembly Government in respect of LDPs indicates that where a UDP has been put on deposit it may remain a consideration in development control decisions until such time as an LDP has been placed on deposit. Generally, the weight to be attached to policies in emerging UDPs depends on the stage of plan preparation, the degree of any conflict with adopted plans, and the number and nature of any objections and/or representations in support of the policy.

The following policies of the deposited Cardiff UDP have some relevance to this SPG:

Policy 1.E “The Economy and Employment” “The economy and employment base of Cardiff will be enhanced by: a. promoting the provision of new offices within the Central and Waterfront Business Areas and district centres; b. providing 220 hectares of land for industry and warehousing, including new allocations in South Cardiff, Wentloog and and safeguarding existing industrial and warehousing land for which there remains a need or demand and which remains well located for such use; c. promoting the provision of new and improved retail facilities of an appropriate scale within the Central Shopping Area and district and local centres in accordance with the retail hierarchy and retail strategy; d. promoting the provision of major sports and visitor facilities within the Central and Waterfront Business Areas and around the Bay waterfront”.

Policy 2.5 “Land for Industry and Warehousing” “Land is allocated for industry and warehousing at the following locations: a) Cardiff Docks approx 16 hectares b) Wentloog Corporate Park approx 20 hectares c) St Mellons Business Park (extension) approx 10 hectares d) Ingleside, 3 hectares

Policy 2.37 “Change of Use of Industrial and Warehousing Land” “Development of industrial or warehousing land for other uses will only be permitted if: a. the land is no longer well located for industrial or warehousing use; or b. there is no need to retain the land for industrial or warehousing use having regard to the demand for such land and the requirement to provide a range and choice of sites available for such use; and, c. there will be no unacceptable impact on the operating conditions of an existing business”.

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Policy 2.38 “Provision of Complementary Facilities in Office, Industrial and Warehousing Developments” “Provision for open space, leisure, food and drink, and child-care facilities will be appropriate in office, industrial and warehousing developments”.

Policy 2.23 "Affordable Housing"

"Where there is evidence of need, provision for an element of affordable housing will be sought in all developments containing 25 or more new dwellings or with a site area of or exceeding 1 hectare."

Policy 2.26 "Provision for Open Space, Recreation and Leisure

"Provision for open space, recreation and leisure facilities will be sought in conjunction with housing developments"

Objections were received at deposit to all policies listed above apart from Policy 2.38 which received no representations.

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Appendix F – Use Classes Order (Business and Industrial Uses)

B1* (a) Offices not within A2 (i.e. Financial & Professional Services) (b) Research and development, studios, laboratories, high tech (c) Light Industry

Permitted change to B8 (where no more than 235 sqm) * A B1 use must be capable of being undertaken “in any residential area without detriment to the amenity of that area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit”.

B2 General Industrial Permitted change to B1 or B8 (B8 limited to no more than 235 sqm)

B8 Wholesale warehouse, distribution centres, repositories Permitted change to B1 (where no more than 235 sqm)

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Appendix G – Consultation on the Draft SPG

Consultation on this guidance was undertaken between 14th February and 14 March 2006. A Press Notice was placed in the South Wales Echo on Tuesday 14 February 2006 and notices and copies of the draft guidance were placed in all Cardiff Libraries. The draft guidance was also published on the Council's website.

Letters notifying that consultation was being undertaken on the draft guidance were sent to Cardiff Councillors, the Welsh Assembly Government, Environment Agency, Countryside Council for Wales, Community Councils in Cardiff and the following who are known to have a general interest in planning in Cardiff, or a potential interest in this guidance.

• Arup • Associated British Ports • Atkins • Baker Associates • Barton Willmore Planning Partnership • Boyer Planning • Business in Focus • Business in the Community Wales • Cardiff Bus • Cardiff Chamber of Commerce • Cardiff Cycling Campaign • CBI Wales • CDN Planning • Coda • Commission for Racial Equality • Country Land and Business Association • Development Planning Partnership • DLP Consultants • DTZ Pieda Consulting • Entrepreneur Action Ltd • Enviros Consultancy • Federation of Small Businesses • Friends of the Earth • GL Hearn Planning • GVA Grimley • Halcrow • Harmers Ltd • Hepher Dixon *** • Home Builders Federation *** • John Robinson Planning & Design • Lovell Partnership • Mason Richards Planning • MVM Planning • Nathaniel Lichfield & Partners ***

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• Network Rail *** • Robert Turley Associates • RPS Group plc *** • Stride Treglown Town Planning • Venture Wales Ltd • Welsh Development Agency *** • Welsh Federation of Housing Associations • White Young Green Planning

Comments specifically or generally relevant to the draft guidance were received from the above consultees indicated *** and also from

• George Wimpey plc

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Appendix H – Consultation Representations and Responses

REF2 REPRESENTATION COUNCIL RESPONSE CHANGES TO SPG General No mention of the WDA's Property Strategy Implications of the WDA Property Strategy No change have been checked with Policy & Economic Development. It is considered that the overarching strategic framework is provided by the National Economic Development Strategy "A Winning Wales", already referenced in the SPG.

4.2 Important to consider suitability of the site for modern Considered that an assessment of the No change business and industrial requirements. Many older suitability of the site for modern business/industrial sites may not meet criteria for up to business/industrial requirements will be date requirements informed by the results of marketing and the request for reasons for unsuccessful marketing.

4.15 Business/Industrial sites in accessible locations may be Para 4.15 refers to sites which remain viable Amend para to , "will be suitable for residential development. for business, industrial and warehouse use. unsuitable for single use In such cases, where these sites are in highly alternative development accessible locations, it is important that they proposals" are retained to provide sustainable employment opportunities. But intention is not to exclude mixed use schemes, where appropriate.

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Retention of city centre and city centre fringe sites must Noted but outside the scope of this SPG. No change be supported by Council to ensure public transport network is reliable and efficient. Flexible approach to sites with alternative land use Aim is to create sustainable, mixed use No change potential is welcomed but "sequential test" of mixed use developments on employment sites where then residential is not supported - proposals should be there is no overriding demand or need to assessed on their merits. retain the site solely in business/industrial use. This approach accords with national planning guidance contained in PPW.

General Allocated development plan sites close to public Other than Churchill Way, now developed for No change transport interchanges may be suitable for residential offices, the Local Plan does not allocated development - redevelopment which includes mixed land for business/industrial use in the City uses such as resi/retail can generate employment and Centre Principal Business Area. Office indirect economic benefits when compared to traditional development is directed towards the PBA but industry. there is a recognition that residential and obviously retail uses are appropriate. Central Square/Callaghan Square/Dumballs Rd have all been developed for a mix of uses although the importance of retaining/developing office floorspace in these locations should be recognised.

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General Retention of warehousing/other industrial uses which do Accepted that modern businesses can be No change not employ significant numbers is an inefficient use of more efficient in terms of employment centrally located land compared to other densities and land take. The SPG aims to businesses/mixed uses. ensure that employment areas which are still viable for employment uses are retained. In this context each proposal will be considered on its merits but para 4.3 does recognises that there may be scope for the relocation of existing occupiers.

4.15 Higher density development around stations can Para 4.15 refers to sites and premises which Amend para to , "will be support station improvements and interchange works. remain viable for business, industrial and unsuitable for single use Network Rail has aspirations to improve the concourse warehouse development and which are alternative development and piazza area by a resi/commercial development. subject to proposals for alternative land uses. proposals" Concern that para is too restrictive as sites highly There is a need to retain accessible, accessible by public transport are also suitable for sustainable employment opportunities - the mixed use developments. Consider deletion of para intention is not to preclude mixed use 4.15. schemes but seek to ensure that viable employment provision is retained in these areas. Amend para

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General Document does not fully reflect structural changes in SE Policy approach recognises that proposals for No change Wales economy. Demand assessments required in the the alternative development of employment event of applications for alternative uses should take a land will come forward but that they should wider view. be assessed with regards to demand and need. The SPG accepts that some sites may no longer be suitable for single, employment uses and in response, promotes mixed use development then residential development as potential options. The dynamic nature of the economy means that it is difficult to single out particular sectors or types of employment uses which may currently be struggling/growing. The policy framework is designed to take such structural changes into account (through demand/need assessments) when development proposals come forward.

General Scope of SPG should be wider to reflect the vital and Acknowledge the potential impact of higher No change growing importance of higher education to Cardiff's education on Cardiff's economy but note that economy. the SPG aims to provide detail on policies in the development plan which specifically refer to business, industrial and warehousing land.

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General Document fails to refer to most relevant section of PPW Para 7.2.1 of PPW relates to designating land No change - "Some local planning authorities have allocations of for employment needs when preparing or land for employment and other uses which cannot be reviewing their UDPs. Para 7.2.7 relates to realistically taken up in the quantities envisaged over commercial and retail uses. Chapter 6 of the the lifetime of the UDP. LPA's should therefore review SPG recognises that not all all their non-housing allocations when preparing their business/industrial/warehousing uses remain UDPs and consider whether some of this land might be well located for such purposes - the SPG better used for housing or mixed-use development or no aims to provide detail on the policy context longer be designated for development." Para 7.2.7 of for releasing employment land no longer PPW refers to sites with extant, but unimplemented, viable for such use - it covers all existing land permissions for commercial/retailing being suitable for not just development plan allocations. housing. SPG should acknowledge that national policy actively encourages use of employment land that is not needed within the development plan period. The purpose of the SPG is to ensure this process is controlled in an appropriate manner.

General SPG should refer to draft Wales: A Vibrant Economy The Council has responded to the WAVE No change which will replace "A Winning Wales" (WAVE). The consultation and has raised significant issues document explains that one of the priorities is to attract particularly the need to recognise Cardiff's more high value added functions to Wales. Council role as a key driver for the region and for appears intent on retaining status quo rather than adapt Wales as a whole. The existing national to changing business requirements and structural economic strategy "A Winning Wales" is changes. referred to in the SPG.

3.7 Fails to take account of changing employment Agree, para 3.7 is unnecessary. But retain Delete para 3.7 requirements. Site may be suitable for such uses but if paras 3.8 & 3.9 as they provide an no demand, then should be released. Delete 3.7. introduction to situations where a more flexible approach to alternative land uses will be considered.

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4.13 Unclear if Council will use own evidence on need or if a The criteria used to assess need are Clarify para 4.13. "Evidently, separate exercise to determine need will be undertaken. provided as a guide to developers/applicants published unemployment Needs clarification as little point in applicant preparing in order that there is an awareness of the levels are unlikely to be evidence if Council had determined there was need. type of issues which will be considered by the challenged but there may be Council when determining applications. The information relating to the unemployment data are published statistics locational factors outlined but agents/applicants may wish to provide below which the applicant their evaluation of locational criteria as would wish to submit as supporting information. supporting information."

4.13 Text implies that even where there is no demand The SPG relates to policies in the Local Plan No change applicants have to meet other criteria before a site is and Replacement Structure Plan which released - fails to accord with advice in PPW which only require proposals to be assessed against the requires the site to be no longer needed. demand for and need to preserve a range, choice and quality if employment sites.

4.15 Text implies that residential & other uses do not need to Text states that employment sites in highly See previous alteration be located in highly accessible locations accessible locations which remain viable for business/industrial/warehouse use are unsuitable for alternative development proposals. Where such locations are no longer viable for employment use, it is accepted that a mix of alternative land uses such as residential may be considered appropriate.

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6.3 Text requires a reasonable proportion of business and Seeks to secure a reasonable proportion of No change industrial units yet for the site to be released it would business/industrial units on sites where there have to be proven that there was no demand for such is no demonstrable demand or overriding uses on the site. need to retain a site solely in such use. However, there may be demand/need to retain the site for modern employment use as part of a mixed use scheme.

General Recognise that a range of employment sites must be Noted No change safeguarded to meet requirements for Cardiff. Potential employment creation through redevelopment/change of use apps on underused employment sites must be recognised. Flexible approach must be upheld.

General Document should explain need for SPG given date of Amend Introduction Add to Introduction - "The adoption of local plan policies SPG has been drafted in response to the increasing numbers of applications for the alternative use of business and industrial land. It is intended to......

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Policy No acknowledgment of up-to-date guidance in PPW and SPG promotes mixed use schemes before No change Context development plan, particularly para 9.2.6 of PPW - residential only schemes on sites with "maximising the use of appropriate previously alternative land use potential. This accords developed land for housing development can assist with PPW objectives for promoting regeneration and at the same time relieve pressure for sustainable residential schemes, para 9.1.2 - development on Greenfield sites". Policy EV2 LPAs should promote "mixed use encourages regeneration of derelict or degraded land in development so communities have good urban areas for residential use. Policy H1 prioritises access to employment and services". housing development in urban areas. Structure Plan Policy EV2 relates to the regeneration of derelict or degraded urban land particularly in Cardiff Bay for employment, retail, leisure, tourism and residential - the SPG relates to the alternative use of existing/identified business/industrial land. Policy H1 of the Structure Plan provides a dwelling requirement and gives priority for residential development of sites in Cardiff Bay and the redevelopment of suitable cleared sites in the urban area in order to meet this requirement. It is not considered that these policies have a significant impact on the SPG.

4.2 More emphasis required on the role of the Council in Section 4 sets out the criteria against which No change terms of demonstrating there is realistic prospect of land proposals for the alternative use of being taken up during the plan period or that employment land will be assessed. There is redevelopment for other uses would undermine national, no onus of proof on the Council or the regional, local strategies for economic development. applicant, rather information will be required from both parties in order to inform the policy assessment.

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4.14 Greater emphasis should be given in the document to Section 6 of the SPG is clear that not all No change ensure that where use for business, industrial and warehousing land business/industrial/warehouse development is not remains well located for such use and viable, re-use for alternative development is encouraged consequently provides guidance on appropriate alternative land uses.

General Document should recognise that modern employment Noted - amend para 6.1 to reflect this Additional sentence at para densities are higher and less land intensive, enabling statement. 6.1 - "It is recognised that surplus employment land to be encouraged for where mixed use development alternative uses. Enabling elements of residential is considered appropriate, any development can help provide better employment subsequent increase in land facilities. values can be used to secure improved, modern business/industrial facilities which can potentially offer higher employment densities. General Document should acknowledge that some locations are Emphasis should be on ensuring that No change not best suited for employment use. E.g. urban sites alternative use proposals on employment close to residential areas are not best suited for light land are carefully assessed so that industry or noisy, travel intensive uses given residential unreasonable constraints are not placed on amenity conflicts. existing enterprises. Any new business/industrial sites will need to be carefully sited in order to minimise conflict with existing land uses but the focus of this SPG is to ensure that where alternative use proposals are considered acceptable, there is no unacceptable impact on existing business/industrial uses.

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For more information please contact: The Strategic Planning Manager Cardiff Council, CY1 County Hall, Atlantic Wharf, Cardiff CF10 4UW

Email: [email protected]