SeC8/h3

Remove housing allocation SeC8/h3 from the Plan.

Further to the publication of the above document, we have been asked by our Clients to
review its contents, policies and proposals and advise them of any aspects we believe would
unreasonably affect their aspirations and interests. In doing so we consider it necessary to
make a formal representation to the “soundness” of the Carmarthenshire Deposit Local
Development Plan in relation to the allocation for residential development at land at Golwg
Gwendraeth (LDP Ref. No. SeC8/h3) under the provisions of Policy HOM1. The proposed
allocation has been fully assessed and in considering its context and background
(summarised below) it is considered that its continued inclusion will lead to the Plan failing
the 3 Tests of Soundness for the reasons set out below.

Site Background and Context
The allocation relates to the land shaded brown on the Proposals Map extract below and is
proposed for allocation in the 2nd Deposit LDP for the purposes of 141 residential units.

Plan A
(Extract of Proposals Map for Golwg Gwendraeth Allocation)

As part of the current consultation process into the 2nd Deposit LDP, the Council have again published a “Site Assessment Table” (2023), which provides details of the Council’s analysis of each received Candidate Site submission and existing allocations within the current adopted LDP. Proposed allocation SeC8/h3 was considered as part of this process and as a result the Council concluded as follows:
“Allocation carried forward. The site is part of the large scale Ffos Las development with two developers on board to deliver the site during the plan period. Site has been broken up into 2 and will be allocated with reference SeC8/h1 and SeC8/h3.”

It is clear from the above that the Council considers that the site is deliverable for the purposes of 141 houses, although it is unclear on what basis this conclusion has been made.
The allocation is greenfield in nature with its topography being generally level. The northern boundary is bordered by a modern residential development. Heol Waunhir borders the southern boundary of the western part of the allocation, with open green space being located to the south of the eastern part of the allocation as can be seen from the aerial photograph below (outlined in red below).
Photograph 1

(Extract from Google Earth – June 2021)

Access to the allocation is currently gained off Heol Waunhir, that being a residential street as can be seen below.

Photograph 2
(Streetscene of Heol Waunhir)

Outline Planning Permission was first granted in June 2012 for the Residential Development (up to 280 dwellings) (W/20882) which included the separate allocation (SeC8/h1) north of the allocation in question. A variation of condition application (PL/02850) was granted to allow additional time for the submission of reserved matters, which were then submitted and granted (PL/03790) in September 2022 for 141 dwellings.
The site made up part of an allocation in the Carmarthenshire Local Development Plan (2014) under allocation SC40/h3 (as can be seen below).

Plan B
(Extract of Current Carmarthenshire LDP Proposal Map for Allocation Site (Adopted 2014))

Despite having almost 10 years of support for the principle of residential development at the historic allocation from the Council, not a single housing unit has been delivered to date on this part of the Ffos Las Development Site. We would submit that the level of housing to be absorbed by the local housing market has been exhausted and consequently there is no further demand for more housing at the site.

Tests of Soundness
Based on the above information and the guidance documents provided by the Welsh Government and Council itself, it is considered that the inclusion of the adoption of the LDP in its current form with the inclusion of the allocation in question, would result in it failing to meet the requirements of the Tests of Soundness, for the reasons summarised below.

Test 1 – Does the Plan Fit?
The allocation fails the test of soundness as its inability to be delivered is in conflict with Paragraph 4.2.2 of Planning Policy Wales (Edition 11) requirements of national planning policy.

Test 2 – Is the Plan appropriate?
The allocation fails the test of soundness as its inability to be delivered would fail to address key issues set out by the Plan (housing supply). The Council’s decision to allocate the land appears to not have been done so on credible or robust evidence.


Test 3 – Will the Plan deliver?
The allocation fails to test the soundness as the site is clearly unable to deliver any new housing. The Welsh Governments Development Plans Manual (Edition 3) is quite clear with regard to rolling forward allocations and states that allocations “… rolled forward from a previous plan will require careful justification for inclusion in a revised plan, aligning with PPW. There will need to be substantial change in circumstances to demonstrate sites can be delivered and justify being included again. Clear evidence will be required that such sites can be delivered”. No evidence has been presented to demonstrate a change in circumstances to indicate the allocation will now be deliverable and so its continued allocation would lead to the plan being deemed unsound on this basis.

In summary, we object to the inclusion of the allocation in question on the basis of the above and that its inclusion within the Plan would result in the document being ‘unsound’.

We therefore respectfully request that this Representation be given careful examination, and that the allocation be removed to ensure that the document passes all the relevant tests of soundness.

No change to the Plan

Dear Sir/Madam,

I write to confirm the statutory safeguarding position of the Ministry of Defence (MOD) in relation to the 2nd Deposit Revised Carmarthenshire Local Development Plan (LDP) 2018 – 2033. The 2nd Deposit Revised LDP sets out the land use policies and proposals including the allocation and use of land through to 2033.

The Defence Infrastructure Organisation (DIO) Safeguarding Team represents the MOD as a statutory consultee in the UK planning system to ensure designated zones around key operational defence sites such as aerodromes, explosives storage sites, air weapon ranges, and technical sites are not adversely affected by development outside the MOD estate. For clarity, this response relates to MOD Safeguarding concerns only and should be read in conjunction with any other submissions that might be provided by other parts of the MOD.

Future Wales, the National Plan 2040 makes clear that military sites and assets in Wales are important to the UK strategic defence systems and emphasises that these sites and assets should be protected from the impacts of development. MOD may be involved in the planning system both as a statutory and non-statutory consultee. Statutory consultation occurs as a result of the provisions of the Town and Country Planning (Safeguarded aerodromes, technical sites and military explosives storage areas) Direction 2002 (DfT/ODPM Circular 01/2003) and the location data and criteria set out on safeguarding
maps issued by Department for Levelling Up, Housing and Communities (DLUHC) in accordance with the provisions of that Direction.

The area covered by any 2nd Deposit Revised Carmarthenshire Local Development Plan (LDP) 2018 – 2033 will both contain and be washed over by statutory safeguarding zones that are designated to preserve the operation and capability of defence assets and sites including RAF Pembrey Sands, MOD Pendine, and the Mid Wales Tactical Training Area
Copies of these plans, in both GIS shapefile and .pdf format, can be provided on request through the email address above.
On reviewing the potential allocation sites, the following site references fall within statutory safeguarding zones designated to protect the operational capabilities of defence sites and assets:

Housing Allocations
SAFEGUARDING ZONE(S) AFFECTED
Kidwelly
RAF Pembrey Sands (Range safeguarding zone)
Pembrey
RAF Pembrey Sands (Range safeguarding zone)
Trimsaran Ffos Las
RAF Pembrey Sands (Range safeguarding zone)
Llangadog
RAF Pembrey Sands (Range safeguarding zone)

To provide an illustration of the various issues that might be fundamental to MOD assessment carried out in response to statutory consultation, a brief summary of each of the safeguarding zone types is provided below. Depending on the statutory safeguarding zone within which a site allocation or proposed development falls, different considerations will apply.

• Air Weapon Range Safeguarding Zones serve to regulate developments that could introduce or support populations of large and, or, flocking birds hazardous to aircraft. This can include landscaping schemes associated with large developments as well as the creation of new waterbodies, wetlands and Sustainable Drainage Systems (SUDS). The incorporation of open water, both permanent and temporary, wetlands ponds and ditches provide a range of habitats for wildlife, including potentially increasing the creation of attractant environments for large and flocking bird species hazardous to aviation. In addition, these zones serve to monitor the development of new micro-light/leisure flying sites in the vicinity of air weapon ranges.

• Technical safeguarding zones serve to ensure that air traffic management, primarily radar, navigation, and communications systems are safeguarded to limit the impact of development on their capability and operation. The height, massing and materials used to finish a development may all be factors in assessing the impact of a given scheme. Developments that incorporate renewable energy systems may be of particular concern given their potential to provide large expanses of metal at height, for example in the case of a wind turbine or a solar PV system mounted on a roof

• Statutory safeguarding zones are designated around Military explosives storage sites, to ensure that development and land uses will be compatible with MOD capability. Within these zones, where applicable, requirements relating to the siting, design, and construction of buildings, or changes to land use may apply. In principle, the MOD does not object to land in the outer explosives safeguarding zone being developed for residential, commercial, and industrial land use purposes. Any buildings within this zone must be ‘non-vulnerable’ to blast effects, that is of robust construction, so should an explosive event occur, the structure would not collapse or sustain damage that could cause critical injury to the occupants. Of particular concern within this zone are tall buildings (in excess of 3 storeys), light weight construction and large areas of glazing. The MOD will object to development proposals which support people living, working and congregating within the inner explosives safeguarding zone.

• A significant portion of the 2nd Deposit Revised Carmarthenshire LDP 2018 – 2033 area is within a part of the UK Military Low Flying System, designated as Training Area 7T (Mid-Wales). Within the Tactical Training Area (TTA), fixed wing aircraft may operate as low as 100 feet or 30.5 metres Above Ground Level (AGL) to conduct low level flight training. The introduction of development within the TTA has the potential to introduce a physical obstruction to low flying aircraft operating in the area. As such the MOD would wish to be consulted on any development within the TTA which has a height of/or exceeding 15.2M AGL.

Mineral extraction has the potential to have a significant impact on defence capability and operations, through all stages of the extraction, restoration, and aftercare process. These types of developments have the potential to provide attractive environments to certain large and/or flocking bird species hazardous to aviation safety and therefore may be subject to design requirements or for management plans to be applied. Development types that might require the application of planning condition(s) and/or the use of Planning Obligations to secure legal frameworks for the way development is carried out or managed can include mineral extraction schemes, waste development schemes or proposals associated with waste facilities including any restoration of sites. The MOD requests that the plan highlights that the MOD must be consulted on any mineral extraction, waste or landfill scheme which occupies a statutory range safeguarding zone.

The MOD welcomes the provisions of policies CCC1 and CCH2 regarding renewable energy, which makes clear that renewable and low carbon projects will not be acceptable where they would have an unacceptable impact on the operations of defence facilities and operations (including aviation and radar) or the Mid Wales Low Flying Tactical Training Area (TTA-7T).
In addition, and where development falls outside designated safeguarding zones, the MOD may also have an interest, particularly where the development is of a type likely to have an impact on operational capability by virtue of scale, height, or physical properties. The MOD should be consulted, through DIO Safeguarding, where development exceeds a height of 50m above ground level to ensure that the potential for these structures to form a physical obstacle to low flying aircraft can be addressed through appropriate lighting and charting. In addition, the MOD requests to be consulted on any proposals, regardless of height, which fall outside of an MOD safeguarding zone but are in the vicinity of military training estate or property.

The MOD Safeguarding team note that the council will prepare Supplementary Planning Guidance for the Pembrey Peninsula and would ask that we are consulted during the preparation of any SPG.
I trust this clearly explains our position on this update. Please do not hesitate to contact me should you wish to consider these points further.