Gwrthwynebu

ID sylw: 6010

Derbyniwyd: 26/06/2026

Respondent ID: 4665

Ymatebydd: JCR Planning Ltd

Cadarn? Nac Ydi

This representation comprises a generic objection to the MACs and HRA and calls for the progression of the Revised Carmarthenshire Local Development Plan (LDP) 2018 – 2033 to be paused.
It is submitted that the plan cannot currently meet the statutory ‘tests of soundness’, specifically regarding Test 2 (Appropriateness) and Test 3 (Deliverability), until the outstanding Habitats Regulations Assessment (HRA) issues concerning Special Areas of Conservation (SAC) nutrient failures are fully resolved, with absolute legal and scientific certainty.
Proceeding with the LDP under the current climate of regulatory uncertainty, potentially means the adoption of a fundamentally flawed and legally vulnerable document. The current trajectory of the LDP will result in significant land use vulnerabilities and considerable economic risk.
Under Regulation 63 of the Conservation of Habitats and Species Regulations 2017, the Council, and by extension PEDW during examination, must act as the "competent authority." The law mandates that a land use plan can only be given effect if it has been established that it will not adversely affect the integrity of a European site, either alone or in combination with other plans or projects.
This representation is made within the context of:-
i)
the Precautionary Principle: The European Court of Justice (ECJ) case law dictates that an appropriate assessment cannot rely on speculative, future, or unproven mitigation measures.
ii)
the Carmarthenshire Context: Significant portions of the LDP’s growth allocations fall within the nitrate affected river catchments.
As the strategic framework to definitively offset these nutrients is not yet fully operational, the HRA accompanying this LDP cannot eliminate reasonable scientific doubt. Therefore, the plan fails the fundamental legal threshold required by the Habitats Regulations.
An HRA must account for in-combination effects - allocating thousands of new homes and commercial sites while river systems are failing their nutrient targets, and while marine catchments face strict requirements for nitrate neutrality, creates an irreconcilable statutory conflict.
Advancing a plan that relies on ‘speculative’ or as yet unproven mitigation strategies, fails the precautionary principle enshrined in environmental law and leaves the LDP highly vulnerable to successful judicial review.
At the recent ‘LDP2 Exploratory Meeting’ convened by Pembrokeshire County Council, evidence was presented which suggested that a policy framework for dealing with nitrates would be available by the spring of 2027. For the sake of a few months, would it not be prudent to await this framework, in order to obtain a full and complete understanding of the expected costs for each affected housing site, which will have implications for affordable housing provision viability, etc.?
To be declared "sound", an LDP must be realistic and deliverable. Currently, a significant portion of the proposed housing sites are in the south of the county and are impeded by nutrient-sensitive river catchments.
The LDP therefore fails on the following tests of soundness. The LDP cannot be deemed ‘appropriate’ if many of its core housing and employment allocations conflict directly with statutory environmental duties. By allocating growth in areas where wastewater treatment works lack the capacity or mechanism to strip nutrients to permissible levels, there is a considerable risk of further ecological degradation of protected waters.
In terms of ‘deliverability’ and to be deemed ‘sound’, the LDP must be realistic and deliverable over the plan period. The ‘nutrient budget calculator’ is a tool that merely quantifies the problem - it does not provide a universal panacea. In the absence of functional, catchment-wide strategic mitigation, such as integrated wetlands or sewerage infrastructure upgrades, subsequent residential planning applications, within these affected catchments will likely fail the ‘Appropriate Assessment’ stage. Transferring these unresolved issues to developers at the planning application stage will completely stall delivery, rendering the LDP's housing strategy undeliverable.
A procedural pause is considered necessary, at least until the Welsh Government working group(s) has published its findings. A failure to temporarily pause matters may result in post-adoption legal challenge and would exacerbate market uncertainty. It is important to ensure that the Welsh Government working group findings are properly integrated with the LDP’s infrastructure delivery plan.
In conclusion, the Inspectors are respectfully requested to exercise their procedural authority to pause the LDP process until a definitive, strategic mitigation mechanism can be implemented and a revised HRA, compatible with achieving nutrient neutrality/reduction across the affected SAC catchment, is in place.
Progressing the LDP while nitrate SAC issues remain unresolved is a high-risk option that impacts legal soundness and ecological responsibility.
The fundamental development plan principle of providing informed guidance and certainty for developers will regrettably be significantly undermined.

Noted. The Plan, and its supporting document including the HRA have been subject to an ongoing examination which seeks to consider a range of matters including the tests of soundness. Whilst the comments in relation to nitrates is noted the Council has sought to provide the Inspectors with supporting clarity and information to enable them to consider the matters with appropriate confidence. It is also noted that the WG have provided as part of the examination a statement in relation to nutrients and notably soundness test 3 clarification on the 12th January 2026.