LOCAL MEMBER OBJECTIONS COMMITTEE DATE: 17/10/2007 APPLICATION No. 06/01101/E DATE RECEIVED: 15/05/2006 ED: MULTIPLE WARDS APP: TYPE: Outline Planning Permission APPLICANT: Western Power Distribution Investments Ltd LOCATION: Llanishen Reservoir, Lisvane Road, 147-151 Rhydypenau Road, Llanishen, Cyncoed, Lisvane, Cardiff PROPOSAL: RESIDENTIAL, SAILING LAKE AND CLUBHOUSE, WETLANDS HABITAT AND EDUCATION / COMMUNITY CENTRE, RE-PROFILING OF EXISTING RESERVOIR ALL WITH STRUCTURAL LANDSCAPING, ROADS, FOOTPATH, CYCLEWAYS AND ASSOCIATED HIGHWAYS WORKS ___________________________________________________________________ RECOMMENDATION 1: That the County Council is satisfied that the submitted Environmental Statement dated 12th May 2006, Addenda dated August 2006 and 13th October 2006, and Second Addendum dated 16th February 2007 contains sufficient information and the Council has taken account of the Environmental Statement and accompanying information in assessing the environmental impacts of the proposed development. RECOMMENDATION 2: Had the Council been able to determine the application that planning permission would have been REFUSED for the following reasons: 1. The proposal would cause serious harm to the quality, integrity and coherence of this part of the Nant Fawr open space corridor, contrary to Policy 7 of the adopted City of Cardiff Local Plan, Policies B4 and C8 of the South Glamorgan (Cardiff Area) Replacement Structure Plan and Policies 1.J and 2.49 of the deposited Cardiff Unitary Development Plan in so far that: (i) the site is strategically important forming part of the Nant Fawr open space corridor, which is identified as an essential element of the City’s green spaces; (ii) the site has significant amenity importance for its users and those residing close by and overlooking it; and (iii) the site is important for its nature conservation value. 2. The existing water area provides a wide range of sailing and sail training facilities. The proposed water area, by reason of its modest dimensions, constrained nature, and the lack of a full alternative replacement facility, would result in a significant diminution in the long term opportunities for sailing activity available to the population of Cardiff compared to the existing opportunities, contrary to Policy 7 of the City of Cardiff Local Plan and Policies B4 and C8 of the South Glamorgan (Cardiff Area) Replacement Structure Plan. 3. The proposal would cause unacceptable harm to the Llanishen Reservoir Site of Importance for Nature Conservation which is not outweighed by the potential ecological benefits of the scheme, contrary to Policy C4 of the South Glamorgan (Cardiff Area) Replacement Structure Plan and Policy 2.47 of the Deposited Cardiff Unitary Development Plan. 4. The application fails to provide sufficient information to adequately ensure the long-term management and maintenance of the non-residential parts of the site as stated in Appendix 4, to the detriment of nature conservation and ecology. The proposals are therefore contrary to Policy 8 of the City of Cardiff Local Plan, Policies C3, C4 and H6 of the South Glamorgan (Cardiff Area) Structure Plan 1991-2011, Policies 1H, 2.46, 2.47 and 2.48 of the Deposit Unitary Development Plan and the Cardiff Supplementary Planning Guidance on Biodiversity. 5. The application fails to adequately provide satisfactory linkages by foot, cycle and public transport to and from surrounding residential areas, schools, educational establishments and recreational routes as detailed in Appendix 4 and conflicts with Policies 14, 16, 17 and 18 of the City of Cardiff Local Plan, Policies MV2, MV6, MV12 of the South Glamorgan (Cardiff Area) Structure Plan 1991-2011, and Policies 1C, 1F, 1J, 1K, 1L, and 2.7 of the Deposit Unitary Development Plan. 6. The application fails to provide adequate Recreational Open Space and equipped children’s play areas as detailed in Appendix 4 and is contrary to Policy 31 of the City of Cardiff Local Plan, Policy 1J, and 2.26 of the Deposit Unitary Development Plan and the Open Space Supplementary Planning Guidance. 7. The application fails to adequately deliver affordable housing as detailed in Appendix 4 and is contrary to Policy 24 of the City of Cardiff Local Plan, Policy H5 of the South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011 and Policy 2.23 of the Deposit Unitary Development Plan. 8. The application fails to adequately provide for the necessary improvements to school facilities as detailed in Appendix 4 and conflicts with Policy 2.27 of the Deposit Unitary Development Plan. RECOMMENDATION 3: That the applicant be advised that if an appropriately worded legal agreement to deal fully with all the outstanding issues in reasons 4 – 8 were to be formally submitted prior to the appeal being heard then those reasons would fall and would not be contested by the Council. 1. DESCRIPTION OF PROPOSED DEVELOPMENT 1.1 Outline planning permission is sought for residential development, sailing lake, clubhouse, wetlands habitat and educational/community centre, re- profiling of existing reservoir all with structural landscaping, roads, footpaths, cycleways and associated highways works on land on and in the vicinity of Llanishen Reservoir, associated access from Lisvane Road, 147, 149 and 151 Rhyd-y-Penau Road and land south of Rhyd-y-Penau Wood, Cyncoed, Llanishen & Lisvane, Cardiff. 1.2 The agent has appealed to the Planning Inspectorate against non- determination of this application within the statutory period and a public inquiry has been arranged to start on 28th May 2008. The Council’s outline Statement of Case must be submitted to the Inspectorate by the 23rd October 2007. This application is therefore being reported to Planning Committee to decide what their decision would have been were they in a position to determine this application. 1.3 Matters relating to siting, design, external appearance and landscaping are reserved. Means of access are not reserved and form part of the application. Access to the development, the proposed road, footpath and cycleway layouts, development plateaux, sailing lake, wetlands areas and retained and new habitat areas are all shown in appendix 1. 1.4 The changes from the appealed second application for the development of this land (ref: 03/2662/N) include the following: (i) the retention of approximately 99.45% of the Llanishen and Lisvane Reservoir Embankment (Embankments) Site of Special Scientific Interest (SSSI). The areas to be lost now only relate to the means of vehicular access to the area within the embankment; (ii) a reduction in the proposed wetland habitat area to 1.9 hectares; (iii) the incorporation of a ‘bus-gate’ such that only public transport could route through the site between the northern and southern access points; (iv) all residential development would be accessed from the south entrance; (v) a reduction in the proposed housing area from 10.1 hectares to 9.2 hectares; (vi) a reduction in the number of dwellings from 326 to 324; (vii) a relocation and reduction in the size of the sailing lake from 6.5 hectares to 5.9 hectares; (viii)co-location of the sailing centre and education/community centre. 1.5 The proposals do not involve any development at Lisvane Reservoir, which lies outside the application site boundary. Lisvane Reservoir would however form part of the proposed future wildlife management area and the impact of the proposals on Lisvane Reservoir has been fully assessed as part of the Environmental Impact Assessment submitted with this application. 1.6 The agent has submitted the following information as part of the application: “Llanishen Reservoir is no longer required for water provision...The ongoing liability of the reservoir has caused the future of the reservoir to be looked at in detail. There is an opportunity for the site to make a very positive contribution to the wildlife, environmental, recreational and educational life of Cardiff as well as provide for housing. The applicant has recognised that the scheme must provide an appropriate balance of uses and has sought to take on board a number of interests. This balance has been further informed over the past year through the consultation process associated with the previous applications. The main considerations of this revised application have been: (i) To maintain as much of the Embankments SSSI as possible and to minimise any impact from proposed neighbouring uses; (ii) To maintain Lisvane Reservoir SSSI as existing and to minimise any impact from proposed neighbouring uses; (iii) To arrest the decline in ecological quality of Llanishen Reservoir and increase biodiversity; (iv) To maintain a sufficient area of open water for sailing and improve facilities for sailing training; (v) To maintain existing woodland; (vi) To provide an educational/community facility on the site; (vii) To achieve a balance of cut and fill so that all earth movement taking place on site is retained on site and there is no need to import material for the re-profiling of the area; (viii) To provide a safe and appropriate means of access to the site by car and by other modes. The aims and considerations set out above have competing land take requirements. In addition, there are commercial considerations in generating sufficient revenue to fund the development and its future maintenance… The resultant balance of uses provides a sustainable scheme which addresses the principle areas of concern raised through the consultation process of the previous applications…In particular, the