MAC 080

Sylw

ID sylw: 5967

Derbyniwyd: 25/06/2026

Respondent ID: 2320

Ymatebydd: Dwr Cymru/Welsh Water

We welcome the continued collaborative partnership work with NMBs and remain committed to the ‘fair share’ approach through our phosphorus investment plan. We will continue to comment on the capacity of WwTWs alongside confirmation of its compliance with permit conditions.
DCWW is undertaking its source apportionment modelling programme which is programmed to conclude in Spring 2027 and will be important to ensure any mitigation measures are aligned with the modelling findings.
We welcome the addition of a new paragraph to reflect the requirements of TAN, and the production of an SPG to support this Policy

Noted and support welcomed

Sylw

ID sylw: 5993

Derbyniwyd: 25/06/2026

Respondent ID: 2320

Ymatebydd: Dwr Cymru/Welsh Water

MAC 080 CCH4: Water Quality and Protection of Water Resources
As highlighted in our original comments, we welcome the inclusion of Policy CCH4 and acknowledge that these amendments (MAC 080) propose to amalgamate the impact of development on nutrient sensitive protected sites, to substitute phosphorous sensitive riverine SACs. We defer to NRW’s ‘Advice to planning authorities for planning applications affecting nutrient sensitive Special Areas of Conservation’ to determine which development will be required to achieve nutrient neutrality and remind that DCWW is a statutory consultee for most planning applications.
With reference to the amendments to Paragraphs 11.513 to 11.515 (‘Riverine’), we acknowledge the variety of strategic and developer-led mitigatory actions and welcome the continued collaborative partnership work with NMBs. DCWW remain committed to the ‘fair share’ approach, as defined by Welsh Government’s practical guidance for public authorities (DTA Ecology), through our phosphorus investment plan to remove 90% of the phosphorous load from WwTWs discharging to failing SAC rivers. In accordance with NRW’s planning advice, we will continue to comment on the capacity of WwTWs to treat foul water flows alongside confirmation of its compliance with permit conditions, including effective dates as identified by the review of permits. Aside of the permit headroom capacity, we defer to the Council’s Action Plan to identify any further measures to mitigate against any increasing nutrient loads in the river.

We acknowledge a separate sub-heading for ‘Marine’, including requirements to achieve nutrient neutrality within the Burry Inlet Inner and Milford Haven Inner freshwater catchments. We would advise the Council that most site locations within are likely to discharge into these catchments; however, it should also be noted that some sites may be located outside but ultimately drain via a sewerage network into the affected freshwater catchment. For example, Burry Port is located outside but comprises of a sewerage network which drains to Llanelli Coastal WwTW and therefore discharges into the Burry Inlet Inner. Similarly, albeit rarely, there are site locations located within but discharge to a sewerage network outside of the freshwater catchment and examples of sites that are on the periphery of networks within and outside. For completeness, we refer to NRW’s latest planning advice and recognise DCWW’s duty to confirm which WwTW the site would connect to and its compliance with permit conditions.

We acknowledge the Council’s intention to produce “multilayered” guidance for strategic and developer led mitigation for developments in the freshwater catchments and we would advocate for close collaboration with DCWW on this approach, particularly if it relates to any public sewerage assets. On this point, DCWW is undertaking its source apportionment modelling programme which is programmed to conclude in Spring 2027 and will be important to ensure any mitigation measures are aligned with the modelling findings. As highlighted above (MAC 036), we remind that surface water removal may not secure nutrient neutrality but could be considered as part of the mitigation strategy. We note the Council’s proposal to produce a library of resources to assist developers in this matter, alongside external sources, and welcome the intention to regularly update the library which can align to any further updates in NRW’s planning advice.

Lastly, we welcome the addition of a new paragraph to reflect the requirements of TAN 15 and advocate for early engagement with the SAB and any other stakeholder, including DCWW, where the drainage proposals will have an impact on their interests. We also welcome the production of an SPG to support this Policy, in relation to a nutrient mitigation toolkit alongside the aforementioned ‘Burry Inlet’ SPG to consider sustainable management of surface water drainage.

Noted and support welcomed

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.

Sylw

ID sylw: 6022

Derbyniwyd: 26/06/2026

Respondent ID: 645

Ymatebydd: Ms Zoe Aubery

Asiant : Boyer Planning

BR supports the principle of the proposed amendments and acknowledges that development will only be permitted where it can be demonstrated that there would be no adverse effect on the integrity of nutrient-sensitive protected sites and, where necessary, proposals may be
required to achieve nutrient neutrality.

It is noted that the supporting text confirms that the Council is preparing developer-led mitigation guidance/toolkits together with strategic mitigation guidance and a focused Action Plan to assist in addressing nutrient impacts arising from future development. BR supports this solution orientated
approach, recognising that suitable nutrient mitigation is most effectively achieved through a layered and flexible mitigation strategy. Whilst this work remains ongoing, it is
important that opportunities to bring forward strategic mitigation measures are progressed as quickly as possible, drawing upon public capital programmes and other available funding mechanisms where appropriate. The timely delivery of strategic solutions will provide greater certainty to developers, support confidence in the planning process and help facilitate the delivery of much-needed housing without unnecessary delay.

BR welcomes the Council's commitment to preparing mitigation guidance and considers it essential that this provides applicants with access to a broad range of mitigation options that can be considered on a case-by-case basis. In particular, opportunities to achieve nutrient mitigation should be considered through a combination of different options. Whilst not intending to repeat information above this should include but not limited to:
• design-led mitigation measures;
• utilisation of existing headroom and permit capacity associated with the relevant Wastewater Treatment Works (WwTW); and
• strategic mitigation solutions capable of addressing additional nutrient loading arising from future development.

From a practical perspective, this approach should theoretically enable applicants to identify and implement the most appropriate mitigation measures, either individually or as part of a package of interventions, incorporating both on-site and off-site opportunities, including surface water removal where appropriate.

In circumstances where development drains directly to a Wastewater Treatment Works that discharges into a nutrient-sensitive freshwater catchment and nutrient neutrality is required, the removal of surface water from the combined sewer network should also be recognised as a potential mitigation measure capable of assisting in reducing nutrient loading. It is important that the proposed policy aligns with the requirements of Policy INF4 to ensure consistency across the Plan, avoid duplication and provide sufficient flexibility to demonstrate the RLDP is capable of meeting local housing need in accordance with Test 2 of the DPM.

Comments noted.

Cefnogi

ID sylw: 6023

Derbyniwyd: 26/06/2026

Respondent ID: 2315

Ymatebydd: Natural Resources Wales

We note and support the various policy amendments to include specific cross referencing to Policy CCH4 within the MACs. This approach is consistent with the point raised for consideration in the WG Examination Statement i.e. the ‘need to signpost other policy areas within the RLDP that are necessary to ensure that there is no adverse effect on the integrity of nutrient sensitive protected sites’.

Support welcomed

Cefnogi

ID sylw: 6024

Derbyniwyd: 26/06/2026

Respondent ID: 2315

Ymatebydd: Natural Resources Wales

We note that Policy CCH4, as proposed by the MACs, would retain a generic Habitats Regulations approach, requiring that development does not adversely affect the integrity of European sites. Previously this approach was proposed specifically for riverine SACs; MAC 080 proposes to extend coverage to ‘nutrient sensitive protected sites’. We are satisfied that this approach remains appropriate in principle.

Support welcomed

Gwrthwynebu

ID sylw: 6025

Derbyniwyd: 26/06/2026

Respondent ID: 2315

Ymatebydd: Natural Resources Wales

Cadarn? Ydi

The Afon Tywi and Afon Teifi Nutrient Neutrality Plan is referred to in paragraph 11.514 and others that follow. Paragraph 11.514 states ‘The document sets out a range of measures, which have been agreed in consultation with NRW’. We wish to clarify that to date we have not provided any formal comments on the Plan. Recent correspondence from your Authority confirms that the Plan is ‘…background evidence to support policy CCH4 and the Revised LDP and has not formed part of an LDP consultation itself’. Therefore, to avoid confusion, the reference to agreement with NRW should be removed from this paragraph.

Noted. The Nutrient Neutrality Action Plan represents a component of the Plan's evidence base as set out in para 11.514 and was not subject to formal consultation as part of the preparation of the revised LDP. However, as part of evidence and given the technical and regulatory components underpinning the issue of nutrients it was prepared with reference to, and engagement with various partners including the regulators. The authority recognises the consultation / engagement was not part of the LDP process therefore endorses the removal of the reference from paragraph 11.514.

Gwrthwynebu

ID sylw: 6027

Derbyniwyd: 26/06/2026

Respondent ID: 2315

Ymatebydd: Natural Resources Wales

Cadarn? Ydi

With regards to the Plan itself, your authority has provided us with two web links for this document. However, neither links to a document titled ‘Afon Tywi and Afon Teifi Nutrient Neutrality Plan’. One link leads to a document titled Carmarthenshire County Council Nutrient Neutrality Action Plan Technical Report dated March 2024. The other link is to a document titled Carmarthenshire Nutrient Management Strategy - Achieving Nutrient Neutrality & Beyond dated March 2024. Although both documents were produced by Arcadis, they have different authors and differ in length. For the purposes of the LDP, it is vital to ensure that the document referenced in the explanatory text is correct, to avoid confusion in future. We therefore advise that all references to the Plan in the supporting
text are checked, and amended as needed, to refer to the correct document.

Noted. In the interest of accuracy the Council recognises that paragraph 11.514 should be amended to reflect the name of the correct document.

Gwrthwynebu

ID sylw: 6028

Derbyniwyd: 26/06/2026

Respondent ID: 2315

Ymatebydd: Natural Resources Wales

Cadarn? Ydi

We are concerned that the new paragraph after 11.512 may not provide adequate explanation regarding the issues of capacity at wastewater treatment works and could be misunderstood. To provide greater clarity, we suggest the new paragraph is amended as follows:

‘Within the hydrological catchment area designated for Riverine SACs, development will be required to demonstrate no adverse effect on the integrity of nutrient sensitive SACs. For development creating wastewater discharges, there will be a requirement to demonstrate there is capacity within the environmental permit limits set at the Wastewater Treatment Works to which it drains, taking account of fair share principles within the catchment into which the Works discharges. In doing so, development should not lead to any deterioration to a SAC failing to meet phosphorus targets or delay the achievement of meeting its conservation objectives.’

'Where evidence demonstrates that adverse effects on the integrity of SAC can be avoided or mitigated, this must be agreed with the planning authority on a case-by-case basis, in consultation with NRW.'

Agreed.

Gwrthwynebu

ID sylw: 6031

Derbyniwyd: 26/06/2026

Respondent ID: 2315

Ymatebydd: Natural Resources Wales

Cadarn? Ydi

In relation to the phasing of development (Burry Inlet Inner and Milford Haven Inner catchments), We believe there should be additional clarity provided in the explanatory text regarding the need to align delivery of development with environmental capacity. This would be consistent with the point raised for consideration in the WG Examination Statement i.e.
‘…phasing and delivery of growth contained within the RLDP to ensure it is within sustainable locations and reflects the ‘lead in times’ necessary to ensure compliance with achieving NN targets’.

The Council notes the point that delivery of development should be aligned with environmental capacity and the timing of mitigation. The Council acknowledges that the strategic mitigation Action Plan in relation to the marine SAC remain under development, however this will also be supplemented by developer-led mitigation packages that are designed to release development. It is implicit given the relationship between mitigation, environmental capacity, and the delivery of development that phasing may on certain sites be required. In this respect phasing in itself will be on a case-by-case basis and the inclusion of a blanket statement would be superfluous and unnecessary.

Gwrthwynebu

ID sylw: 6032

Derbyniwyd: 26/06/2026

Respondent ID: 2315

Ymatebydd: Natural Resources Wales

Cadarn? Ydi

Amend policy wording of CCH4 in the following paragraph:

The second sentence should read: ‘Where appropriate, development will be required to…’

Noted. The Council would accept the inclusion of the comma after the words 'Where appropriate'

Gwrthwynebu

ID sylw: 6033

Derbyniwyd: 26/06/2026

Respondent ID: 2315

Ymatebydd: Natural Resources Wales

Cadarn? Ydi

Amend wording in the last sentence of paragraph 11.513 to read:
“Updated NRW Guidance now advises on constraints to development planning in relation to both phosphorus and nitrogen impacts within river SAC catchments.”

The Council agrees that NRW’s suggested rewording would improve the accuracy of the supporting text by reflecting that updated NRW Guidance now addresses both phosphorus and nitrogen impacts within river SAC catchments.

Gwrthwynebu

ID sylw: 6034

Derbyniwyd: 26/06/2026

Respondent ID: 2315

Ymatebydd: Natural Resources Wales

Cadarn? Ydi

We suggest paragraph 11.515 is updated to refer to the West Wales NMB.

The Council agrees that reference to the West Wales NMB at paragraph 11.515 would improve accuracy.

Gwrthwynebu

ID sylw: 6035

Derbyniwyd: 26/06/2026

Respondent ID: 2315

Ymatebydd: Natural Resources Wales

Cadarn? Ydi

For the first new paragraph proposed in the section titled ‘Marine’, we suggest the following edits:

'The marine SACs in Wales have a number of qualifying features including estuaries, coastal lagoons, large shallow inlets and bays and mudflats/sandflats that are sensitive to high levels of nutrients. The updated condition assessments undertaken by NRW and published in June 2025 identified that nutrient sensitive features at some designated sites had reached an unfavourable condition for Dissolved Inorganic Nitrogen [DIN], phytoplankton and opportunistic macroalgae. These are chemical and biological indicators of nitrogen enrichment.’

The Council agrees that NRW’s suggested edits would improve the accuracy and clarity of the first paragraph of the ‘Marine’ section.

Gwrthwynebu

ID sylw: 6036

Derbyniwyd: 26/06/2026

Respondent ID: 2315

Ymatebydd: Natural Resources Wales

Cadarn? Ydi

In the second new paragraph proposed in the section titled ‘Marine’, the following words should be deleted: ‘Nutrient Neutrality Area for Nitrogen associated with’.

The Council agrees the suggested deletion would improve clarity.

Gwrthwynebu

ID sylw: 6037

Derbyniwyd: 26/06/2026

Respondent ID: 2315

Ymatebydd: Natural Resources Wales

Cadarn? Ydi

The third, fourth and fifth paragraphs proposed in the section titled ‘Marine’ should be redrafted. In parts, they are difficult to read and lack clarity.

Disagree. The content of the paragraphs are sufficiently clear and the respondent has failed to provide alternate wording and clarity.

Gwrthwynebu

ID sylw: 6038

Derbyniwyd: 26/06/2026

Respondent ID: 2315

Ymatebydd: Natural Resources Wales

Cadarn? Ydi

With regards to the fifth paragraph and the reference to surface water removal (which links to Policy INF4) we suggest this is reworded to advise that

‘…developers may wish to consider also the removal of surface water as a mitigation measure…’

While surface water removal from a combined sewer may reduce the frequency and duration of sewer overflow, further work is required to determine the nutrient reduction benefits of such measures and therefore is may be premature to include the text as currently drafted.

The Council agrees with the proposed wording in that it offers additional clarity and meaning

Gwrthwynebu

ID sylw: 6042

Derbyniwyd: 26/06/2026

Respondent ID: 2315

Ymatebydd: Natural Resources Wales

Cadarn? Ydi

The sixth paragraph should be amended as follows:

'The geographical extent of the catchment draining to the Burry Inlet Inner and Milford Haven Inner can be identified using the latest NRW layer as contained on DataMapWales.'

The Council agrees with the proposed change in the interest of accuracy.

Gwrthwynebu

ID sylw: 6045

Derbyniwyd: 26/06/2026

Respondent ID: 2315

Ymatebydd: Natural Resources Wales

Cadarn? Ydi

The seventh (and final) paragraph in that section should be amended and simplified as follows:

'The Council has produced (and is continually developing) a library of resources to assist developers when considering proposals that drain into a marine or riverine SAC. These open access resources are regularly updated and can be accessed via the CCC website. The Welsh Government’s All Wales Nutrient Budget calculator, and Mitigation Guidance (published June 2023) are available for developers remain the only catchment specific tools available in Wales.

Agree in part.

The Council agrees with the amendment proposed by the respondent. However, in light of the publication of the DIN handbook the paragraph as proposed by the respondent will need to be amended to reflect the availability of this resource to developers and other interested parties.

Gwrthwynebu

ID sylw: 6049

Derbyniwyd: 26/06/2026

Respondent ID: 2315

Ymatebydd: Natural Resources Wales

Cadarn? Ydi

For consistency and clarity, we advise the spelling of phosphorus is corrected throughout the rLDP (i.e. all references should be to phosphorus, not phosphorous or phosphates).

Noted. This will be undertaken as part of the Minor Editorial Changes.