Carmarthenshire County Council / Cyngor Sir Gâr

Gwrthwynebu

Ail Gynllun Datblygu Lleol Adneuo Diwygiedig Sir Gaerfyrddin

ID sylw: 5559

Derbyniwyd: 12/04/2023

Respondent ID: 5816

Ymatebydd: Welsh Government

Cydymffurfio â’r gyfraith? Heb nodi

Cadarn? Heb nodi

Crynodeb o'r Gynrychiolaeth:

Category C – Flooding
In accordance with the Ministerial letter (dated 15 December 2021), the Council has undertaken a new Stage 1 Strategic Flood Consequences Assessment (SFCA) with all planning authorities in the South West region. The SFCA has been prepared in line with requirements in the updated TAN 15: Development, Flooding and Coastal Erosion, formally published later this year. The SFCA identifies broad areas across Carmarthenshire at flood risk and recommends that some authorities in the region progress to a more site-specific Stage 2 and Stage 3 assessment. The Council must ensure that if additional SFCAs are undertaken they have regard to the new TAN 15.
Building on the Stage 1 SFCA, the Council has considered flood risk on individual sites allocated in the Deposit plan in line with the Flood Maps for Planning (FMfP), which is the starting point for considering flood risk in the new TAN 15. The Welsh Government supports the principle of this approach and notes that many of the ‘amber’ and ‘red’ allocations identified as being at risk of flooding have either been built-out, are under construction or have been removed from the plan. However, some of the allocations, fall within Flood Zones 2 and 3. The Council must ensure that no highly vulnerable development is allocated in Flood Zone 3 and that sites in TAN 15 Defended Zones have been fully assessed against all forms of flood risk with resistance measures in place. This will be a matter for the NRW to comment on. There should be no outstanding objection from NRW on any of the proposed allocations.
(Category C Objection)

Testun llawn:

Thank you for consulting the Welsh Government on the Carmarthenshire County Council Local Development Plan (LDP) 2nd Deposit plan and documents. It is essential the authority is covered by an up-to-date LDP to give certainty to local communities and business.
Without prejudice to the Minster’s powers, the Welsh Government is committed to helping Local Planning Authorities (LPAs) minimise the risk of submitting unsound plans by making comments at the earliest stages of plan preparation. The Welsh Government looks for clear evidence that the plan is in general conformity with Future Wales: The National Development Framework and aligns with Planning Policy Wales (PPW), and that the tests of soundness (as set out in the ‘LDP Manual’) are addressed.
National planning policies are set out in Planning Policy Wales (PPW) Edition 11, which seeks to deliver high quality, sustainable places through a place-making approach. The implementation of the core policy areas in PPW, such as adopting a sustainable spatial strategy, appropriate housing and economic growth levels, infrastructure delivery and place-making, are articulated in more detail in the LDP Manual (Edition 3). We expect the core elements of the Manual, in particular Chapter 5 and the ‘De-risking Checklist(s) to be followed. The development planning system in Wales is evidence led and demonstrating how a plan is shaped by the evidence is a key requirement of the LDP examination.
After considering the key issues and policies in Future Wales, the Welsh Government is of the view that the level and spatial distribution of growth is in general conformity with Future Wales: The National Development Framework. However, the Statement of General Conformity (Annex 1 to this letter) is a ‘caveated response’. Annex 2 of this letter raises fundamental inconsistencies regarding the total housing provision and until these matters have been addressed and their implications understood, it is not possible to give a firm view on matters of general conformity at this time. Annex 2 of this letter also highlights a range of issues that need to be addressed for the plan to align with PPW and DPM. Collectively, our comments highlight a range of issues that need to be addressed for the plan to be considered ‘sound’ as follows:
Annex 1 – General Conformity with Future Wales (Caveated Response)
· Regional Collaboration/Level of growth Further clarity required. Annex 2 – Core matters that need to be addressed (PPW and the DPM)
Our representations are separated into three categories set out by topic area, with further detail in the attached annex.
Category A: Fundamental issues that are considered to present a significant degree of risk for the LPA if not addressed prior to submission stage and may have implications for the plan’s strategy.
None.
Category B: Matters where it appears that the deposit plan has not satisfactorily translated national policy down to the local level and there may be tensions within the plan, namely (not exhaustive):
· Level of Housing Provision
· Delivery and Viability
· Restriction of new homes to Class C3 only
· Gypsy and Traveller Provision
· Best and Most Versatile Land (BMV)
Category C: Whilst not considered to be fundamental to the soundness of the LDP, we consider there to be a lack of certainty or clarity on the following matters:
· Flooding
· Renewable Energy
· Minerals
· Phosphates
I would urge you to seek your own legal advice to ensure you have met all the procedural requirements, including the Sustainability Appraisal (SA), Strategic Environmental Assessment (SEA) and Habitats Regulation Assessment (HRA), as responsibility for these matters rests with your authority. A requirement to undertake a Health Impact Assessment (HIA) arising from the Public Health (Wales) Act 2017, if appropriate, should be carried out to assess the likely effect of the proposed development plan on health, mental well-being and inequality.
It is for your Authority to ensure that the LDP is ‘sound’, and it will be for the Inspector to determine how the examination proceeds if you submit the plan without addressing the concerns we raise. My colleagues and I look forward to meeting you and the team to discuss matters arising from this response.

Atodiadau:

letter - redacted (727.34 KB)

Ein hymateb:

Comments noted. The Council has ensured that no highly vulnerable development is allocated in flood risk zones, in accordance with national guidance. Further work will be undertaken as necessary and the matter will be discussed further at Examination.