News

SECOND-STAGE OF DRAIN-DOWN BEGINS.

Western Power Distribution, and their contractors Atkins, today began the process of emptying Llanishen reservoir.  Water is being released from the scour valve near the base of the reservoir and is flowing down a drainage channel into the Nant Fawr stream.  The whole area of operations has been screened off from the public.  It is estimated that the complete drain-down of the reservoir will take several months and is likely to continue until October.

Although Western Power are draining the reservoir on the pretext of inspecting a pipe (which is actually buried beneath the bed of the reservoir), this does not mean they have 'won' or have got planning permission for their housing development.  Far from it.  The banks of the reservoir are still a Site of Special Scientific Interest for their grassland fungi, and the reservoir itself is a structure of historic importance designated by CADW.  Both factors make it difficult to see how planning permission would ever be granted.  Furthermore, RAG has recently been advised, by an eminent planning lawyer, that the Council has no obligation to sell the Nant Fawr meadows to enable Western Power to put in an access road, even if the latter did get planning permission.  The Council have stated that they have no intention of selling the meadows, and are even in the process of having them designated as a local Nature Reserve.  The reservoir is therefore effectively landlocked.   It is difficult to see the current policy of draining the reservoir as anything other than an act of vandalism directed at spoiling a much-loved beauty spot, to spite the local community, which has opposed Western Power's plans from the outset.

ENVIRONMENT AGENCY ISSUE DRAINAGE CONSENT TO ALLOW EMPTYING OF RESERVOIR.

In a disappointing, but not unexpected development, the Environment Agency today issued a drainage consent which will enable Western Power to drain the remaining water from Llanishen Reservoir.  The documents outlining their decision can be accessed by clicking here.  It appears that the Environment Agency can only refuse to grant a drainage consent if there are concerns that the draw down of water will result in a pollution incident, and Western Power have clearly convinced them that this is unlikely to happen.  The Environment Agency have written to Western Power emphasising that the reservoir does not need to be drained to carry out the required safety inspections, but Western Power appear to be cynically exploiting the 1975 Reservoir Act to achieve their aim of emptying the reservoir.  It will take up to 10 years to refill using rainwater alone, and other reservoir engineers have suggested that there is a real risk that the embankments will dry out during this period causing the waterproofing clay core of the reservoir to crack.  The unnecessary drainage on the pretext of a safety inspection will therefore result in a real risk to reservoir safety.

LLANISHEN RESERVOIR DRAINAGE RAISED IN HOUSE OF COMMONS.

Jonathan Evans, the newly elected M.P. for Cardiff North, used his maiden speech in the House of Commons to raise the issue of the drainage of Llanishen Reservoir.  He was particularly critical of Western Power Distribution and their civil engineers Atkins, who are colluding to drain the reservoir under the guise of the 1975 Reservoir Act, despite it being made clear to them by the U.K. Environment Agency that there is no need to do so.  He also questioned the environmental record of the Pennsylvania Power and Light Corporation which owns Western Power. The full text of his speech can be accessed by clicking here.

LLANISHEN RESERVOIR HALF EMPTY AND LISVANE RESERVOIR DISAPPEARING FAST.

Western Power completed their drain down of the top three metres of Llanishen reservoir some weeks ago, and are now waiting to see if the Environment Agency will grant them a discharge consent which will allow them to drain off the remaining water.  It seems criminal that all this pure water can just be wasted after the driest spring since 1976. The adjacent Lisvane reservoir is beginning to suffer as water is being removed under an abstraction licence to provide 'grey water' to industries in Cardiff Bay faster than it is being replaced.  The entire flow of the Nant Fawr is being re-directed into Lisvane reservoir in an effort to stop the latter emptying, leading to concerns about the low flow rate in the river downstream.  We have contacted the Environment Agency about the situation and they share our concerns.  They are monitoring the situation carefully.  In the past, when Lisvane reservoir was at risk of drying out, water was pumped from the adjacent Llanishen reservoir into Lisvane.  If Western Power's plans to empty Llanishen reservoir come to fruition, this option will not be available, and the Lisvane reservoir SSSI will also be placed in jeopardy.  We expect to the Environment Agency to make a decision regarding the discharge consent in mid-July.

WESTERN POWER BEGINS EMPTYING LLANISHEN RESERVOIR.

Yesterday, Western Power began emptying Llanishen reservoir.  They have set up pipes through which they are pumping water over the embankments into the Nant Fawr. It seems they can draw off the top three metres of water without requiring permission, but thereafter need to obtain a drainage consent from the Environment Agency.  The reservoir engineer who has been employed by RAG estimates that there will be a minimum of 10,000 cubic metres of silt on the bottom of the reservoir.  If only a small fraction of this is washed into the Nant Fawr it will do enormous environmental damage to the stream and it will all end up in Roath Park Lake, adding to the silting problems there. Draindown could not have come at a worse time for the exceptionally large population of toads which normally breed in Llanishen reservoir.  Within the next two weeks they will be migrating to their traditional breeding site to spawn.

APPEAL COURT CONFIRMS CADW LISTING!

Yesterday, Judge Milwyn Jarman QC heard Western Power's appeal against the listing of Llanishen Reservoir as a Site of Historic Importance.  Fortunately, he found in favour of CADW and the Welsh Assembly Government Ministers, and rejected all of Western Power's arguments. He even awarded costs against Western Power.  This ruling means that the reservoir structure will be protected by the listing, and makes it very unlikely that Western Power will get permission for their proposed housing development.  This evening's South Wales Echo carries a more detailed report of the hearing and can be accessed online by clicking here.

Unfortunately, Western Power still seemed determined to drain the reservoir, although it is difficult to see how such an action could now be anything other than vindicitive. However, they have not yet received a drainage consent, and hopefully the Environment Agency, whose responsibility it is to issue the consent, will take into account the enormous environmental damage that the drainage is likely to cause.

WESTERN POWER SUCCESSFULLY CHALLENGE MINISTER'S DECISION

Yesterday afternoon the Welsh Assembly Government issued a press release stating that, having considered the legal case put forward by Western Power, it was not going to contest WPD's challenge of the Environment Minister's decision in the High Court (see news item for 17th April below).  This does not mean that the development will go ahead, it simply means that the Welsh Assembly Government will have to reconsider their previous decision.  The full press release can be read by clicking here.  This is a disappointing outcome, and, as yet, we are unaware of the issues that have led to this successful challenge of the Minister's original decision.  The revised decision is not expected until sometime in 2010.

CADW LISTING CONFIRMED.

The Welsh Heritage Minister today confimed that Llanishen Reservoir has been placed on the national list of buildings and structures of architectural, engineering or historic interest.  This decision was made because Llanishen reservoir forms the end of a Victorian water supply system stretching from the Brecon Beacons to Cardiff and the three reservoirs at the Brecon end were listed some years ago.  However, it also helps our cause because there will now be a presumption against any development that may damage the structure of the reservoir and surrounding infra-structure.  The embankments of the reservoir are also protected by their status as a Site of Special Scienific Interest for grassland fungi, and together these designations will make it very difficult for any developer to get permission to build on the site.

WESTERN POWER TO SEEK JUDICIAL REVIEW OF WELSH ASSEMBLY GOVERNMENT'S DECISION.

We understand that Western Power are applying for a judicial review of the decision to reject their planning appeal, made by the Welsh Assembly Government Minister for Environment, Sustainability and Housing.  However, the decision cannot be challenged merely because they disagree with the Minister’s judgement.  For a challenge to be successful they would have to show that the Minister misinterpreted the law or, for instance, that the inquiry, hearing, or other appeal procedures were not carried out properly, leading to unfair treatment.   If a mistake has been made, and the Court considers it might have affected the outcome of the appeal, it will return the case to WAG for re-consideration.

CADW TO LIST LLANISHEN RESERVOIR AS SITE OF HISTORIC / ARCHITECTURAL INTEREST!

In another blow to Western Power's plans to drain Llanishen reservoir and build a housing estate in the reservoir bowl, Cadw has recommended that the reservoir structure should be listed as a building of architectural or historic interest.  This would make it extremely difficult for Western Power to gain permission to damage the structure in any way.  Alun Ffred Jones A.M., The Welsh Assembly Government Heritage Minister, is minded to accept the recommendation, and has asked his officials to commence a 28-day consultation period with interested stakeholders before the reservoir structure is listed.  The news was revealed in letters to local Assembly Members Jenny Randerson and Jonathan Morgan, who had both made representations for the reservoirs be protected as a site of historic interest. A copy of the letter from the Heritage Minister can be read by clicking here.

WELSH ASSEMBLY GOVERNMENT REJECTS APPEAL!

The Welsh Assembly Government Minister for Environment, Sustainability and Housing, Ms. Jane Davidson AM, has published her decision on the second public inquiry into Western Power's scheme to build up to 324 houses and flats on the site of Llanishen reservoir. She rejected Western Power's appeal which means that the development should not go ahead. Surprisingly, the Planning Inspector appointed to consider the appeal, Mr. R.M. Poppleton, recommended that the development should be allowed.  However, the Minister disagreed with the Inspector's conclusions and therefore did not accept his recommendation.

Just to recap, the fourth planning application by Western Power set out to drain the majority of Llanishen reservoir and just to build houses in the reservoir bowl itself. As the embankments would have been left largely intact, this overcame one of the problems which scuppered the previous application: namely the damage caused to the rare grassland fungi found on the reservoir embankments. The developers argued that building in the bowl would also reduce dramatically the visual impact of the development. Access was proposed via a road across the Nant Fawr meadows and also, late-in-the-day, another option was presented at the inquiry which involved traffic accessing the site solely from Lisvane Road.

The inspector paid special attention to the following points in his report:

1. The implications of the proposals for the quality, integrity and coherence of this part of the Nant Fawr open space corridor.
2. The implications of the proposals for sailing and sail training facilities
3. The implications for the Llanishen reservoir and related Sites of Importance for Nature Conservation (SINCs)
4. The implications of the proposed access options to serve the development.

In very brief summary his main conclusions were that:

1. The loss of space in the Nant Fawr corridor would be compensated by land around the reservoir which would be opened to public access, that the reservoir itself did not define the Nant Fawr corridor's character and function, and that there would be no great visual impact from the development. He also pointed out that the Nant Fawr corridor was also crossed by roads such as Rhyd-y-Penau Road, and therefore the road across the meadows would not make much difference to the coherence of the corridor.
2. As far as sailing goes, the inspector considered that most sail training took place at Cardiff Bay where the facilities were superior. He concluded that the existing reservoir does not provide, and is not used for, a wide range of sail and sail training facilities. He thought that the reduced lake of 5.9 ha proposed in the application (as opposed to the current 23.8 ha) would still provide a useful introductory sail training facility.
3. The inspector thought that the impact on the biodiversity interest of Llanishen reservoir itself would not be very great and that the proposed improvements to Lisvane reservoir and the created wetland would outweigh any harm caused by the development.
4. The inspector was persuaded that allowing access to and from the development via Lisvane Road was not a good idea, and he concluded that the only acceptable option was for all private car traffic to use the access road across the meadows and to join Rhyd-y-Penau Road at the roundabout where it meets Cyncoed Road.

The Minister accepted some of the inspector's conclusions but not others. She agreed with his conclusions on the sailing and the environmental impact on the Llanishen reservoir SINC. She also agreed that private traffic should not use the proposed Lisvane Road entrance either in its entirety or in part. However, she disagreed with the inspector's conclusion that the road crossing the meadows would have little impact on the open space around the meadows. She also thought that the development, while not being visually intrusive from further away, would have a substantial impact on people using Lisvane reservoir and the Llanishen reservoir lake. Her main concerns, however, focused on the integrity and coherence of the Nant Fawr green corridor in its entirety, which stretches from the open countryside North of Cardiff, via Roath Park, towards the City Centre. She considered that the proposed development would constitute a considerable urbanisation of an important area of open space, and that it did not warrant overriding the existing Council policies of protecting the open space river corridors in Cardiff. She therefore dismissed the appeal and refused to grant outline planning permission for the development.

It is encouraging to see that the Welsh Assembly Government has adhered to the democratically established planning policies of Cardiff Council in coming to their decision!

SECOND PLANNING INQUIRY FINALLY CLOSES.

The planning inquiry into Western Power's fourth planning application to build a housing estate on the site of Llanishen reservoir formally ended on Friday 29th August.  Although the bulk of the inquiry happened in late May / early June, the inquiry ran out of time and had to reconvene for the formal summing-up by each party.  In closing the inquiry, the Planning Inspector, Mr. Richard Poppleton, said that he hoped to submit his recommendation to the Welsh Assembly Government around the beginning of November 2008. After this the WAG Planning Minister, Ms. Jane Davidson AM, must come to a decision taking the inspector's recommendations into account.  We may know the result by the end of the year.

TOWN GREEN APPLICATION FAILS

Disappointly, the application to register the wild flower meadows behind Black Oak Road as a Town Green has failed.  The Inspector who considered the application, Mr. Vivian Chapman QC, turned it down on a legal technicality, although in all other respects he accepted that the application met the necessary requirements for registration.  The Council purchased the land in 1948, but the records do not make it clear whether the land was purchased under the Public Health Act 1875 or the Town and Country Planning Act 1944.  If it was purchased under the PHA 1975 the public would have been able to use the land “by right” rather than “as of right”.  Under the legislation that provides for the establishment of a village or town green the applicant needs to show that the land to be registered is land on which the inhabitants of any locality have indulged in sports and pastimes “as of right” for not less than twenty years.  On the balance of evidence, the inspector concluded that the meadows were purchased under the PHA 1875, and that therefore they could not be registered as a village green as the public use had not been “as of right”.  This may seem a very subtle difference, but in legal terms it appears to be an important one. It was a close run thing, and RAG would like to thank Mr. Andrew Hill for the immense time and effort he has put into pursuing this Town Green application.

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 3NQ

Quoting 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.

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.

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.

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 fence 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.