The use of ‘overall’ in the policy substantively weakens its protection of the landscape character. We request that this word is removed. It is unclear in the current presentation of the policy if the onus is on the applicant to identify the landscape character of the ‘local area’ through their own assessment, or if NRWs LANDMAP data is to be used, or if the LPAs own Landscape Character SPG is to be used. This should be more explicitly set out and clarified. If the expectation is that the Landscape Character SPG is the baseline then it would be beneficial for this to be published in advance of the Revised LDPs adoption, preferably at the time of Examination. Reference to the Landscape Character Assessment should also be made in the Policy text.

It is also unclear where the key landscape views and vistas mentioned in point e. are set out, in order for them to be protected in the policy. If these are due to be identified in the Landscape Character SPG then, again, this would benefit publication prior to plan Examination.

We object to the Second Deposit LDP on the basis of the removal of the SLAs and request that SLAs are reintroduced into the Revised LDP, either as a standalone policy or that provision is made within the new Policy BHE2: Landscape Character.

This could be achieved by an amendment to Policy BHE2: Landscape Character to add wording as follows:

Proposals must take account of Carmarthenshire’s locally designated Special Landscape Areas (as set out in Appendix X (Appendix 4 of the Current LDP) and shown on the Policies Map). Development proposals will only be permitted where there is no significant adverse impact, including cumulative impact, on the character and quality of the landscape. Development proposals should aim to protect and enhance the features for which the SLA has been designated.

Where appropriate, a Landscape Impact Assessment will be required to assess and justify the impact of the development on Landscape Character and/or the designated area.

In exceptional circumstances, where development is necessary and could result in a significant landscape impact, appropriate mitigation and enhancement measures should be provided, including the undergrounding of associated infrastructure where possible.

Our suggested wording is similar to the City of Swansea LDP which was successfully adopted following Examination in February 2019. Appendix 4 of the Current LDP would remain relevant to the Revised LDP and could be brought across, with edits as necessary to increase the robustness of the assessment of the area’s character. SLAs could be added back into the Policies Map, with minor boundary edits as necessary.

1. Objection to the removal of the Special Landscape Areas from the Revised LDP

‘The use of non-statutory designations such as Special Landscape Areas to protect areas of landscape value has long been a policy tool within the UK planning system. They have been seen by local planning authorities as a means of protecting sensitive landscapes and in developing an understanding and awareness of those features and characteristics that give a locality its sense of place.’

Carmarthenshire’s 18 Special Landscape Areas (‘SLAs’) listed under Policy EQ6 in the Current LDP have not been carried forward into the Revised LDP.

We recognise that SLAs are a local non-statutory designation, however these areas are an acknowledged designation which carries weight within the Current LDP as a standalone policy. SLAs are also acknowledged and given weight within neighbouring Local Planning Authority (‘LPA’) LDPs. The weight given to the SLA designations is recognised across Appeal decisions by the Planning Inspectorate and in Planning Inspectorate recommendations with regard to Development Consent Order applications.

We object to the Second Deposit LDP on the basis of the removal of the SLAs and request that SLAs are reintroduced into the Revised LDP, either as a standalone policy or that provision is made within the new Policy BHE2: Landscape Character.

This could be achieved by an amendment to Policy BHE2: Landscape Character to add wording as follows:

Proposals must take account of Carmarthenshire’s locally designated Special Landscape Areas (as set out in Appendix X (Appendix 4 of the Current LDP) and shown on the Policies Map). Development proposals will only be permitted where there is no significant adverse impact, including cumulative impact, on the character and quality of the landscape. Development proposals should aim to protect and enhance the features for which the SLA has been designated.

Where appropriate, a Landscape Impact Assessment will be required to assess and justify the impact of the development on Landscape Character and/or the designated area.

In exceptional circumstances, where development is necessary and could result in a significant landscape impact, appropriate mitigation and enhancement measures should be provided, including the undergrounding of associated infrastructure where possible.

Our suggested wording is similar to the City of Swansea LDP which was successfully adopted following Examination in February 2019. Appendix 4 of the Current LDP would remain relevant to the Revised LDP and could be brought across, with edits as necessary to increase the robustness of the assessment of the area’s character. SLAs could be added back into the Policies Map, with minor boundary edits as necessary.

Reasons for retention

The retention of the SLAs in the Revised LDP is well supported, with 438 people resident within the county signing Carmarthenshire Residents’ Action Group’s petition.

We argue that the retention of the SLAs is important to fulfil to objectives of the LDP and question if the SLAs are removed if the plan meets its Sustainability Objectives on Landscape set against the baseline criteria. We do not consider that a robust, proportionate and credible case has been set out by the LPA for the removal of this landscape designation. We consider that the removal of the SLAs significantly weakens the Revised LDP’s SO9 regarding sense of place and impacts Carmarthenshire’s planning framework in terms of delivering on sustainable development on the basis of the Well-being of Future Generations Act.

By designating SLAs it is easier for communities, visitors and tourists to engage with the highest value landscapes of Carmarthenshire. The SLA designations are reflective of the local value communities place on these landscapes in a manner not captured in the replacement Policy BHE2: Landscape Character. This revised policy places too much reliance on LANDMAP assessment. Whilst LANDMAP is an excellent tool for those engaged with the planning process, it is harder to engage with than the specifically designated SLAs which have clear and geographical boundaries capturing the outstanding and high quality landscapes of Carmarthenshire. The removal of the SLAs, and their removal from the Polices Map, invariably makes it makes it harder for specific communities and the wider public to engage with the LDP and weakens community representations as part of the planning consultation processes for individual development applications.

We consider that the SLAs improve the delivery of the Revised LDP objectives. Natural Resources Wales (‘NRW’) states that ‘there may be more than one role for an identified SLA: To recognise and protect (through development management) locally valued landscapes important for their distinctive character, qualities and sense of place / bro; To influence positive landscape planning. […]; To raise understanding and appreciation of the importance of local landscapes by communities, visitor and the wider public.’ The SLAs currently provide these roles and retaining them in the Revised LDP would better meet the LDP and ISA Objectives.

The developmental pressures on the landscape have not weakened in the time between the Current LDP adoption and the Revised LDP drafting. The Current LDP Appendix 4 assessment of SLAs specifically states in relation to the Tywi Valley, that ‘Inappropriate development continues to threaten the conservation of this outstanding landscape, hence the reason for its designation.’ We do not see that these reasons for designation have weakened. However, if the LPA consider otherwise, then the evidence of this decision making process should be published.

Planning Policy Wales 11 (‘PPW11’) paragraphs 6.3.12 and 6.3.13 relate to the characteristics of local landscapes. These paragraphs highlight the ability for LPAs to designate SLAs. Paragraph 6.3.13 states that ‘Planning authorities should apply these designations where there is good reason to believe that normal planning policies cannot provide the necessary protection.’ Given that pressures on the landscape have not weakened and that the existing SLAs have proven weight in the planning determination process, we consider that the removal of the SLAs in the Revised LDP runs contrary to this part of PPW11.


Compatibility with Policy and Guidance

In addition to the point with regard to PPW 11 above, our view is that the SLAs are wholly compatible with the Revised LDP, the proposed Policy BHE2: Landscape Character and can be seamlessly incorporated into this policy, or alternatively, the existing policy could be retained in the Revised LDP.

NRW LANDMAP Guidance Note 1: LANDMAP and Special Landscape Areas 2017, endorses a dual approach to landscape management, in line with our suggested edits to the Revised LDP Policy BHE2: Landscape Character. On page 3 of the document, it is stated that ‘in this dual approach, all landscapes will be underpinned equally by LANDMAP […] but in addition to this, landscapes of high local importance will be specifically identified as a SLA with additional guidance being produced for these key landscapes’.

We recognise that there is potential tension between the SLA designation of Llanllwni Mountain SLA and the Cothi Valley SLA, and that these areas are also within the Pre-Assessed Area for Wind Energy in Future Wales 2040 the National Development Plan (‘NDP’). We argue that the SLA designation of these areas is not in conflict with the NDP, including Policies 17 and 18. However, we recognise that this is an area of the Revised LDP which may benefit from further exploration at Examination and we would appreciate an invitation to make representations on this issue.



2. Inadequate Evidence Base

The Issues, Vision and Options paper makes it clear that this 2018-2033 LDP is a review of the previous LDP and not a new local plan (para 1.3, page 2, Issues, Vision and Options Topic Paper, February 2023). There is a general expectation in plan making that evidence is front-loaded. As the Revised LDP revises the Current LDP, it is reasonable to expect that the entire removal of locally designated SLA from the plan should be carried out on a sound, evidence backed, basis. Statements by the LPA during the plan making process did not indicate that SLAs would be removed from the plan at Review or Preferred Strategy stages. The weakening of the landscape policies and the removal of SLAs was not revealed until the publication of the First Deposit LDP in early 2020. Prior to the publication of the First Deposit LDP, the LPA indicated that further evidence would be published if the policy were to be changed.

The 2006-2021 LDP Review Report 2018 did not raise concerns about the effectiveness of the SLA Policy, giving it a green colour coding indicating the policy target was being achieved or exceeded. The report stated in paragraph 9.141 that ‘The Plan identifies Special Landscape Areas (SLAs) within Policy EQ6. These were identified following a formal assessment of the landscape qualities of the County and are a non-statutory designation. It is noted that the policy places an emphasis on enhancement and improvement. There may be opportunities to supplement and/or review the supporting evidence for this policy and explore those wider linkages (e.g. the renewable energy policies and those design related policies).’

Further, Appendix 1 of the Review Report reviewing specific policies states that in relation to Policy EQ6 SLAs that ‘Whilst no fundamental changes are envisaged, the policy will respond to contextual (including legislative and policy changes), factual and evidential changes as well as those resulting from any revisions to the strategy.’ This wording is a standard response to policies which were expected to be kept in the Revised LDP close to their current form. It is difficult to ascertain how the removal of the SLAs does not constitute a fundamental change, to a degree where evidence justifying this change would reasonably be expected to be published.

Following on from the review, the Preferred Strategy was published in 2019. The Preferred Strategy gave no indication of the intention to remove the SLAs from the Deposit Plan and gave significant indication that landscape policies would remain strong within the Revised LDP. Issue 8 of the LDP issues is ‘Rich landscape or townscape qualities’; the Vision states that ‘rich cultural and environmental qualities are valued and respected’; paragraph 10.19 states that ‘the LDP will promote the principles of sustainability by: Protecting and enhancing biodiversity, townscapes and landscapes’; ‘A New Strategy – Key Components’ paragraph 10.20 states that ‘the key components of the strategy are as follows:’ one of which is to ‘Protect and enhances the natural, historic and built conservation qualities of Carmarthenshire and its high value landscapes’.

Given these statements, it would not be unreasonable to expect that the SLA policy would remain in the Revised LDP, particularly given specific reference to the protection of high value landscapes. The means of recognising and protecting the areas of outstanding and high value landscapes in the LPA’s geographical area is specifically the Current LDP’s SLA policy.

Furthermore, in response to a representation made on the Preferred Strategy, the LPA stated ‘The consideration of whether any Special Landscape Areas will be identified in the Revised LDP, along with any resultant evidential facets, will be a matter for the deposit LDP.’ [our emphasis].

In our view, it is reasonable to consider that prior to the First Deposit Plan publication that the full SLA policy, or a slightly revised version of it, would remain in place in the new LDP; or that evidence would be published alongside the Deposit Plan to justify removal of the SLA policy given the LPAs statements in the Plan Review and the response to the Preferred Strategy public consultation. Therefore, given the above timeline indicates a very late decision to remove the SLAs from the Revised LDP, we question whether the decision has been carried out with robust, proportionate and credible evidence.

What evidence has been used?

At the date of this letter, the LPA have not provided information within the Plan Evidence Base, as accessed online, for the decision to remove the SLAs from the LDP; nor the evidence that the new landscape Policy BHE2: Landscape Character sufficiently delivers on the aims of the New Strategy which includes the key component to protect and enhance high-value landscapes.

Assessments which have been published by the LPA in relation to Landscape Character are due to expire when the new LDP is adopted. These comprise existing assessments of the SLA areas in Appendix 4 of the Current LDP; there is a reference to NRW’s 48 broad scale, not locally specific, National Landscape Character Areas (NLCA), and the SLAs within the Placemaking and Design SPG (adopted 2016); and consideration of landscapes in the Carmarthenshire Wind Turbine Development Landscape Sensitivity and Capacity Study, prepared by Anthony Jellard Associates.

The SLAs are removed from the Revised LDP. The Placemaking and Design SPG is not slated to be carried forward with the new Revised LDP . The current status of the Anthony Jellard study is unclear, it is referenced within the current Wind and Solar SPG; however this SPG is not intended to be carried forward as part of the Revised LDP. The removal of these assessments is likely to leave a gap with regard to the protection and enhancement of landscapes when the new Revised LDP is adopted.

Given the anticipated expiry of these assessments, it is not credible that they can form part of an evidence base for the creation of the Revised LDP policies. No evidence has been provided that any other assessments have been carried out in forming the LPAs landscape character policy or that NRW’s LANDMAP has been utilised to inform revised policy preparation. The Revised LDP states that a Landscape Character Assessment SPG is proposed to be adopted by Summer 2025, but as no draft has been published this does not form part of the evidence base. The target Revised LDP adoption date is Autumn 2024 and with the SPG proposed for Summer 2025, this leaves a significant gap around landscape policy guidance in the interim, even if the Landscape Character SPG is published on time.

The LPAs Cabinet Member for Planning has responded to a question on the evidence base by discussing assessment of development proposals utilising information contained within NRWs LANDMAP. However, this is an existing means of assessment in the Current LDP and will be retained as a means of assessing change to landscape in the Revised LDP, as such it does not make a difference to the baseline. Notably, the question asked to the Cabinet Member for Planning was with regard to the evidence around the formation of new Policy BHE2 and the removal of the SLAs, to which she did not furnish an answer.

Finally, the lack of published evidence relevant to the landscape policies of the Revised LDP appears to be in conflict with paragraph 6.3.21 of PPW 11, which states ‘Planning authorities should draw upon LANDMAP in the preparation of landscape plans and assessments needed to inform development plans, SPGs and the development management process. LANDMAP assessments should be published.’ [our emphasis]

In our view, the evidence base for the Revised LDP in terms of Landscape Policy is not sufficiently substantiated and we request that this is interrogated by the Inspector appointed for the Examination.