NEW POSSIBILITY OF ALL THE RESERVOIR HOUSING TRAFFIC USING LISVANE ROAD
Shortly before the start of the public inquiry, Western Power submitted some alternative scenarios for traffic flow in to and out of their proposed housing development on Llanishen reservoir. Surprisingly, these late and substantial changes to WPD's planning application were allowed to be submitted to the inquiry by the planning inspector, even though they were not part of the original planning application. If all the traffic were to enter and exit the site via Lisvane Road, it is estimated that this would result in an extra 1600 daily traffic movements on Lisvane Road and an increase in traffic of approximately 23%. WPD have proposed some 'traffic calming' measures on Lisvane Road to accommodate this extra traffic and their plans can be examined by clicking here (2.3 MB pdf file). A copy of the revised Environmental Statement which includes full details of these plans can also be inspected at the Development Control Offices in City Hall, or at Rhyd-y-penau and Llanishen Libraries.
The inquiry will consider the traffic proposals when it reconvenes on Tuesday 10th June, and members of the public can attend the inquiry and makes their views known on this date. However, to allow fuller public consultation, the inspector is also prepared to consider written representations until 1st July 2008. This should be done by writing to:
The Planning Inspectorate
Crown Buildings
Cathays Park
Cardiff
CF10 3NQQuoting Reference: APP/76185/A/07/2042394/WF
In any letter it is important to give your name and address, and to make it clear how these traffic plans will affect you and the local environment in Lisvane / Llanishen. It is essential that you should attend the inquiry in person or write if you have any concerns.
PUBLIC INQUIRY INTO THE FOURTH APPLICATION IS NOW UNDERWAY.
The Public Inquiry into Western Power's Fourth Planning
Application will be held in Committee Rooms 3 and 4 of County Hall, Cardiff
Bay from Monday to Friday each week between the hours of 10.00am to 5.00
pm. However, please note that the inquiry
will not sit on Monday 9th June.
The Inspector, Mr. Richard Poppleton DipTP DMS MRTPI JP, opened the
Inquiry at 10.00am on Wednesday 28th May 2008 and it is expected to last
for 12 days. The first three days will be concerned with procedural matters
and the opening addresses of Counsels on behalf of the Appellant, the
County Council and the Reservoir Action Group. The Council will present
its case first and call its witnesses.
On Tuesday 3rd June, RAG's case will be presented and
its witnesses will give their evidence.
On Wednesday 4th June witnesses on behalf of other organisations and individuals
will give their evidence. Thereafter Western Power will argue its case
and call its witnesses. This will be followed by RAG, the Council and then
Western Power, in that order, making their final submissions to the Inspector.
The Inquiry is scheduled to close on or about 12th June.
We are calling upon RAG members to give our team as much support as
possible at the Inquiry by attending as often as they can and especially
on the opening day (28th May) and on 3rd June when RAG will be
presenting its case.
Car parking at County Hall is a real problem. However there is a pay
and display car park nearby. You can also park in the Red Dragon Centre
car park opposite County Hall where you can either pay to exit or you
can go into the Red Dragon Centre and spend at least £4.00 per
vehicle in one of the cafés,
(2 cups of coffee and cakes) and get them to mark your parking ticket
so you get out of the car park for free.
We very much hope to see you there - it should be very interesting.
CARDIFF COUNCIL WINS LEGAL BID OVER SAILING CENTRE
Cardiff Council has won a court case which prevents Western Power from terminating the Council's tenancy of the Sailing Centre at Llanishen Reservoir. This is great news, as it was feared that if Western Power won the court case they would immediately drain the reservoir. The Council are now able to negotiate a new lease for the site, meaning the sailing centre, one of the best in Wales, can continue. Further information is available on the South Wales Echo website.
VILLAGE GREEN INQUIRY RESUMES
The inquiry into the designation of the Nant Fawr meadows as a Village Green under the Commons Registration Act 1965, which ended in disarray last July, resumed at the end of February 2008. Much of the argument centred around the ownership of the land and the particular planning legislation under which it had been purchased and for what reason. Morag Ellis QC and Mr. Andrew Hill presented an excellent and convincing case for the meadows to be registered as a village green. We are not sure when the planning inspector will issue his judgment, but will post the outcome on this website as soon as it is known.
FOURTH APPLICATION REJECTED BY CARDIFF PLANNING COMMITTEE
Cardiff Planning Committee members accepted their Officers advice, and rejected, on eight separate grounds, Western Power's Fourth Application to build houses on Llanishen reservoir. This means there will be another formal planning inquiry, probably at the end of May 2008, at which the Welsh Assembly Government Planning Inspectorate will consider the fourth application. Western Power's earlier plans have already been rejected by the local community, by the local Council, and the Assembly Planning Inspectorate; yet they still persist in pursuing this further application at a great cost to the tax-payers of Cardiff. When will they get the message that we don't want them or their housing development, and just go away?
FOURTH APPLICATION TO BE CONSIDERED BY CARDIFF PLANNING COMMITTEE.
Western Power's Fourth Application (06/01101E) to build 324 houses on the site of Llanishen reservoir has been referred to the Welsh Assembly Government Planning Inspectorate, as Cardiff Council did not reach a decision on the application within the allotted time. Although the application will now be decided by the Assembly, the Council Planning Committee are still expected to indicate what decision they would have reached, if they had considered it earlier. Therefore on Wednesday 17th October the Council Planning Committee will be meeting at 1.30 in the Ferrier Hall of City Hall to consider the application. This meeting is open to the public and we would urge RAG supporters to come along.
On Friday 12th October the Council Planning Officers released their recommendations which will be passed to the Planning Committee. At long last, the Council's Planning Officers seem to be viewing the development in the way that RAG has argued for the last five years (perhaps helped by the analysis of the Planning Inspector who presided over the inquiry into Western Power's second application, see below). The Officers have recommended that the Planning Committee reject the fourth application on eight separate grounds. Their full report (all 113 pages of it) can be read by clicking here.
The Council's support is vital in preventing the proposed desecration, by Western Power, of one of the four river corridors that form a vital part in ensuring access to the natural environment and quality of life for Cardiff residents. Please show your support for our campaign by coming along to the Planning Committee meeting on Wednesday.
ASSEMBLY PLANNING INQUIRY REJECTS WESTERN POWER'S SECOND APPLICATION!
Following last November's Public Inquiry the Welsh Assembly Government have dismissed Western Power's appeal against the non-determination of their planning application by Cardiff Council. The Planning Inspector, Mr. Alwyn Nixon, recommended that the proposed development should be rejected because it would cause serious harm to the Llanishen and Lisvane Reservoir Embankments SSSI and also because it would cause serious harm to the character and coherence of the Nant Fawr open space corridor.
Below are his overall conclusions at the end of his report:
10.98. Having considered all of the evidence, I have concluded that the proposed development would cause very serious harm to the Llanishen and Lisvane Reservoir Embankments SSSI and the special interest for which it is designated. This harm would not be offset by the benefits to the Lisvane Reservoir SSSI and the other nature conservation benefits to the site that have been propounded by the appellant. As such, the proposal would conflict with local plan policy 8 and structure plan policy C3, and would also be contrary to the thrust of national planning guidance in relation to the protection of SSSIs.
10.99. Second, the proposed development would cause very serious harm to the character and coherence of the Nant Fawr open space corridor, of which the site forms an important part. The harm caused by the introduction of the proposed housing development and the construction of the proposed access road across Nant Fawr Meadows would not be offset by the various compensatory measures and positive features of the scheme which are proposed. The development would bring about a significant loss of open space of amenity and nature conservation value and would conflict with local plan policy 7 and structure plan policy BE4. It would also result in a diminution of the scope and quality of recreational sailing opportunities available at Llanishen Reservoir, which would not be adequately compensated for by the water sports centre proposals at the new, much smaller, lake and the assistance offered to enable the existing sail centre activities to continue in part at other locations.
10.100. I conclude that the proposed development clearly does not accord with the development plan because of the proposal's conflict with its provisions concerning the protection and enhancement of open space and sites of nature conservation value and lack of conformity with its stipulations concerning the location of new housing sites; and that, having considered all matters raised, material considerations do not exist which are sufficient to outweigh the conflict and harm I have identified and so indicate a determination other than in accordance with the development plan in this case.
The new Welsh Assembly Government Minister for Environment, Sustainability and Housing, Jane Davidson, broadly agreed with the Inspector's conclusions and accepted his recommendations. The appeal by Western Power is therefore dismissed, and their proposed housing development in the Nant Fawr green corridor has been rejected.
Hurrah!
Note of caution: This is not necessarily the end of our campaign. Western Power can submit further planning applications, and their fourth application is still to be determined. They will however, need to be mindful of the very significant reservations expressed by the inspector with respect to their second application, and particularly the damaging effect of such a development on the Nant Fawr open-space corridor.
MEADOWS INQUIRY ENDS IN DISARRAY!
After a hearing lasting nearly five days, the Public Inquiry into Andrew
Hill's application for the Meadows to be registered as a Village Green
was adjourned by the Inspector after the Council introduced potentially
important, previously uncirculated, material. Like all of the
parties, Andrew and his barrister, Morag Ellis QC, must now examine the
additional documentation and prepare their comments on them.
Pending investigations into the matter, the Inspector, with the agreements
of all parties to the Inquiry, announced that the Inquiry would be reconvened
on Tuesday 26th February 2008 for a further four day hearing. This
was the earliest period when the Inspector and the barristers representing
the various parties could be available.
It is too early to comment any further on this development but inevitably
it will add substantially to the costs of fighting for the registration. We
will of course keep you informed of further developments. Andrew
and his team remain optimistic and your attendance at part of the resumed
Inquiry in February would again be helpful.
VILLAGE GREEN PUBLIC INQUIRY
Many people in the locality will be familiar with the Nant Fawr meadows which have been a popular spot for informal recreation for many years. In recognition of this fact, Mr. Andrew Hill, a local resident, has made an application for them to be registered as a Village Green under the Commons Registration Act 1965. Unsurprisingly, Western Power are opposing this registration as it would protect the meadows from the road which they are planning to drive across them to provide access to their proposed housing estate on the site of Llanishen reservoir. There will be a public inquiry to consider the matter which will be held in the week starting Monday 9th July. It will begin at 11am on Monday 9th July and could last up to five days. On subsequent days the inquiry will sit from 10am to 5pm, although on Monday 9th there is an additional evening sitting from 6 pm to 8pm. The inquiry will be held in the Scout Hut adjacent to Christchurch in Lake Road North. Come along and support your local meadows!
SSSI SAVED: WESTERN POWER LOSES COURT CASE.
Today, Mr. Justice Collins delivered his judgment in the case of Western Power Distribution Investments Ltd. vs the Countryside Council for Wales (CCW). Western Power had taken CCW to the High Court in London to try and overturn CCW's designation of the reservoir embankments as a Site of Special Scientific Interest for their spectacular array of grassland fungi. In a 12 page judgment, Mr Justice Collins dismissed their claim, agreed that the site was of international importance for its waxcap fungi, and supported CCWs notification. The full judgment can be read by clicking here.
CCW has put a tremendous amount of time, effort and public resources into protecting the reservoir embankments for their biodiversity interest. The Reservoir Action Group are very grateful for the professionalism and dedication shown by their staff in protecting this extra-ordinary local asset. Thank you CCW.
RESERVOIR BUILDINGS DEMOLISHED.
Western Power have engaged contractors to demolish the buildings at the south east corner of Llanishen reservoir. Although only Keeper's Cottage was damaged by the fire, Western Power have taken the opportunity to remove the adjacent toilet block and storage building. Thus there are no buildings left by the Rhyd-y-Penau entrance, which is very convenient for Western Power as this is exactly where they want to put their access road if the proposed housing development goes ahead!
KEEPER'S COTTAGE BURNS DOWN.
The house on the reservoir embankment known as Keeper's Cottage, close to the Rhyd-y-Penau road entrance, burned down on the night of Christmas Eve in mysterious circumstances. The blaze was spotted around 3 am but unfortunately the emergency services had difficulty reaching the site, because of the locked bollards in the access lane. By the time the fire was put out, the house had been gutted. Coincidently, it is almost exactly two years since the adjacent building, which was the Headquarters of the Cardiff Reservoirs Fly Fishing Club, also burned down as a result of arson.
WESTERN POWER CHALLENGES CCW!
Western Power has challenged the Countryside Council for Wales' (CCW) designation of the reservoir embankments as a Site of Special Scientific Interest (SSSI) for grassland fungi. Despite overwhelming evidence that it is a site of international importance for these fungi on all published criteria, Western Power continues to argue that it should not be designated as an SSSI because better sites may yet be found. They have taken CCW to judicial review in the High Court in London. The outcome should be known early in the new year. Further details can be found on the BBC web site by clicking here.
PLANNING INQUIRY TAKES PLACE
The planning inquiry on the second application by Western Power started on 31st October and ran for three weeks. Mr. Alwyn Nixon, the Welsh Assembly Planning Inspector, presided over the inquiry and Mr. John Steel QC, presented, in great detail, the case for Western Power to build 325 houses on the site, destroying nearly 50% of Llanishen and Lisvane Reservoir Embankments SSSI in the process. This was effectively opposed by Mr. Mark Lowe QC (Cardiff Council & CCW) and Mr. Nick Cooke QC (representing RAG).
The outcome of the inquiry is unlikely to be known before Spring 2007.
WESTERN POWER STARTS DRAINING RESERVOIR
Over the last weekend, many local residents noticed an unusually high flow of water in the Nant Fawr stream. This is due to Western Power draining water from the reservoir. We understand that their intention is to drop the water level by a metre, so that they can "inspect and repair" the stone pitching on the reservoir embankments. However, it seems implausible that they are intending to spend time and money repairing the existing structure, when they plan to rip most of it up if their planning application to turn the reservoir into a housing estate is successful. It seems more likely that this is the start of a phased programme of emptying the reservoir. It is highly irresponsible to let this water go to waste. Llanishen reservoir is still low after much of the water was pumped into Lisvane reservoir during the dry autumn of 2003. It is only filled by rainwater, and it will take years to regain its former level. Before commencing any alteration of the water levels, Western Power should have obtained the consent of the Countryside Council for Wales, in case it affects the adjacent Llanishen & Lisvane Embankments SSSI. Needless to say they didn't. This is typical of this arrogant and grasping company who continue to show total disregard for public opinion, wildlife conservation and local sailing facilities for children.
FOURTH APPLICATION SUBMITTED
On 12 May Western Power submitted a fourth planning application (06/01101E). This is similar to the third application with the exception that all the housing (still 324 units) will be placed inside the boundaries of Llanishen reservoir. Inevitably there will be more blocks of flats and fewer houses. Again this is a completely new application so we will have to write ONCE MORE to oppose it (even if you have just written about the third application below). Western Power's tactic is obviously to bombard us with applications in the hope that we will give up and one of them will be able to slip through the planning process relatively unopposed. This cynical tactic must be thwarted.
SSSI NOTIFICATION CONFIRMED.
After a lengthy debate, the Countryside Council for Wales (CCW) today confirmed the Site of Special Scientific Interest for grassland fungi on the Llanishen and Lisvane reservoir embankments. The case for designation was made by Jessica Poole of the CCW South Wales team and Dr. Ray Woods, CCW's fungi expert. Both made their case eloquently and insisted that the reservoir embankments were at least of national importance, and probably of international importance for their grassland fungi, particularly waxcaps. Western Power were represented by Mr. John Steel QC, a barrister from London specialising in planning law, and Dr. Charlie Gibson from the Oxford environmental consultants Bioscan. They argued that the scoring system employed by CCW for assessing grassland fungi was not a good indicator of the value of a site, and that the reservoir embankments should not be designated because there may be other better sites in South Wales, that had yet to be discovered. Members of CCW subjected both sides to a series of penetrating questions, ably led by their Chairman Mr. John Lloyd Jones OBE. After four hours of deliberation, members of the Countryside Council decided, unanimously, to confirm all embankments of the two reservoirs as an SSSI.
Ted Thurgood, our Chairman, was delighted and immediately called on Western Power to withdraw their damaging planning application. It is very difficult to see how either Cardiff Council or a Welsh Assembly Planning Inspector would approve a planning application that damaged a Site of Special Scientific Interest.
Supporters of the campaign to save the reservoirs have recently made a case to CADW that the reservoirs should become listed structures due to their historic significance in the development of the city of Cardiff. Other reservoirs, in the Brecon Beacons, that form part of the water supply system of Cardiff, have been designated as listed structures by Cadw. Unfortunately, Cadw weren't convinced by the arguments, and have declined to protect the reservoirs by 'listing' them. Their reasons are set out in the document which can be read by clicking on the following link: Cadw assessment.
On 26th September 2005 the Countryside Council for Wales (CCW) recognised the importance of the embankments of Llanishen and Lisvane reservoir for grassland fungi by notifying them as a Site of Special Scientific Interest (SSSI). This is a great step forward in the RAG campaign to protect the reservoirs, as the Council Planning Committee are extremely unlikely to approve any planning application that might damage an SSSI. The notification procedure involves a citation which describes the important features of the site; a map showing the SSSI boundaries, a management plan, and a list of potentially damaging operations over which the owner is obliged to consult CCW. These documents can all be read by clicking on the links below. (They are Adobe Acrobat pdf files, some are quite large.)
Citation
Map (areas in pink
show extent of new SSSI)
Management Plan
Damaging operations
Following the notification, the owners (Western Power), have a period of four months in which to lodge any representations. CCW will then consider these representations before confirming the notification. This must happen within nine months of the original notification date (26/09/05).
The presence of an SSSI does not absolutely rule out any future development, but it is difficult to overstate its importance to our campaign to save this unique area for future generations. We have long-argued that this site is of international importance for the conservation of grassland fungi, and it is great news that CCW have acted to protect them in this way. We are very appreciative of their stand to protect our local biodiversity from the destructive grasp of a profiteering multi-national corporation.
For a company that claims that they are opening up the
reservoirs to the people of Cardiff, Western Power has made an extraordinary
start. Not only has it removed public access to Llanishen reservoir,
but it has put up a steel f
ence
around the majority of the reservoir perimeter that would
not disgrace a concentration camp. The beautiful vista shown on our
home page is now reduced to this view through ugly prison bars (left).
It is difficult to understand what Western Power hope to gain by this
desecration.
It
makes no sense
on health and safety grounds, as the northern end of the reservoir
is still open to public access. We can only assume that they have done
this to spite the residents of North Cardiff, who have been so
active in campaigning
against this environmentally damaging development. However, no matter
how much Mr. Oosthuizen (Finance Director of WPD) is going to try and
intimidate
us, we are not going
to go away.
Many thanks to the hundreds of people who turned up at the protest meeting yesterday. You can read a report of the demonstration that was published in the South Wales Echo by clicking here.
