CCH4: Water Quality and Protection of Water Resources

Remove reference to SuDS.

Reword paragraph relating to Phosphates.

The reference to SuDS in the policy wording is not necessary as it is required by separate legislation. It can if required be referred to in the supporting text.

The final paragraph relating to Phosphates needs to be reworded as mitigation will not be required in all cases due to the approach taken by NRW following the ongoing permit reviews.

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.

Amend to provide clarity

Thank you for consulting Cyfoeth Naturiol Cymru/National Resources Wales (NRW) on the above, which was received on 17 February 2023.

We welcome the opportunity to provide comments on your Second Deposit Revised
LDP.

We support the intent of the plan’s policies and proposals to enable the delivery of sustainable development and ensure social, economic, environmental and cultural
well-being goals are all suitably balanced in the decision-making process, so the right development occurs in the right place.

We also acknowledge that you have taken on board advice from our previous correspondence which has enabled positive provisions in the second Deposit Plan
both in policy terms and regarding allocation of sites. However, there are issues with the latest draft which we feel challenge the Soundness of the Plan. These key
issues are highlighted below:
• SAC rivers / Habitats Regulations Assessment (HRA)
• Flood risk regarding the following sites allocated for housing under Strategic Policy 4: A Sustainable Approach to Providing New Homes
PrC3/h33 Llys Dolgader
PrC3/h19 Land off Llys y Nant
SeC19/h1 Land at Park View, Whitland
Sec19/h2 Land at Whitland Creamery
• Flood risk regarding allocation - PrC2/GT1 – Land at Penyfan, Trostre, Llanelli, under Strategic Policy SP 10: Gypsy and Traveller provision.
• Biodiversity and ecosystem resilience regarding six allocations (two housing and four employment).
In addition, to matters of soundness we also advise that some refining/clarity be made to the plan in respect of several policies and supporting text to ensure the
robustness of the plan.

Our detailed comments on the plan and supporting documents can be found in the annexes to this letter.

Please note that our comments are without prejudice to any comments we may wish to make when consulted on any subsequent formal planning application submissions
to develop any of the land identified within the plan. At the time of any other consultation there may be new information available which we will need to consider
in providing our formal advice.

Finally, we look forward to continuing to work closely with you to progress the plan and trust these comments are of assistance. If you have any queries, or if you require any further information, please do not hesitate to contact us at the above address.

Amend Plan

Representations to Carmarthenshire County Council 2nd Deposit Revised Local Development Plan
Consultation
Land Adjacent to Culla Road Roundabout (B4317), Carway (Candidate Site ref: SR/023/003)

CarneySweeney is instructed on behalf of our client, Ffos Las Ltd, to submit representations to the
current consultation on Carmarthenshire’s 2nd Deposit LDP. This letter accompanies the following:

 Completed Representation Form;
 Site Location Plan;
 Site Ref: SR/023/003 Reasonable Alternatives Site Assessment Proforma (Carmarthenshire
County Council, February 2023); and
 Candidate Site Submission Supporting Statement (prepared by WYG, first submitted at First
Deposit LDP candidate site consultation).

These representations are made in relation to land adjacent to Culla Road Roundabout (B4317),
Carway; a site which was submitted as a Candidate Site during the 2018 Call for Sites (Candidate Site
ref: SR/023/003). The site successfully passed all three stages of the LPA’s previous assessment
process, scoring highly. The site is in single ownership and is immediately deliverable. Notwithstanding
this, the site is not currently being progressed by the Council as a draft allocation. The LPA’s stated
reason for not currently allocating the site, as stated within its Site Assessment Table (2023), is:
“Whilst there are no adverse impacts to the development of this site, there is more suitable and
appropriate land available within the village to accommodate new development”.
Whilst not currently allocated, the site is included as a ‘Reasonable Alternative’ site by the LPA within
their Site Allocation Assessment - Reasonable Alternatives Report, February 2023. The report
reiterates that the site performed suitably in terms of the RLDP Site Assessment Methodology, including
Integrated Sustainability Appraisal objectives. A copy of the site’s proforma is also enclosed with this
submission and clearly demonstrates how favourably the site scores against the RLDP’s key objectives.

It is our firm view the Council should re-consider its decision not to allocate this site for housing
development, and to this end we wish to make the following representations.
Candidate Site Description and Context
Full details of the site’s characteristics and development potential are provided within the enclosed
Candidate Site Supporting Statement (2018) prepared by WYG. This Statement was previously
submitted to the LPA as part of the Call for Sites process.
In summary, the candidate site (ref: SR/023/003) comprises c. 5.3ha of land which is bound by existing
residential development to the north, comprising the built settlement of Carway, and to the south by the
Persimmon housing development at Ffos Las racecourse. The site’s location is considered highly
sustainable, given its immediate proximity to Carway, Ffos Las racecourse and Trimsaran, and
associated facilities. The allocation and subsequent ongoing delivery for housing of the adjacent
Persimmon sites1 also establishes the sustainability of this location to accommodate new housing.
The site is free from physical constraints, being relatively flat with no existing buildings. The site is not
located within any heritage, ecological or nature conservation designations and lies within Flood Zone
A.
The site can be readily accessed from the existing B4327 Culla Road Roundabout, with a secondary
access point available at Heol Dyffryn Aur to the south.
As outlined above the site is immediately deliverable and as previously concluded by officers there are
no adverse impacts to the development of this site.
Pre-Application Advice (ref: PRE/01319)
Since the previous Candidate Site submission Ffos Las Ltd has sought pre-application advice from
Carmarthenshire County Council in respect of the proposed development of the site for housing. A
written response was received from the LPA in March 2023 (application ref: PRE/01319).
Whilst the current NRW Development Advice Map identifies the site within flood zone A, the preapplication
response notes that based on the emerging draft NRW Flood Map for Planning, part of the
site lies within flood zone 3 (see Fig. 2 below). The pre-application response advises that in accordance
with TAN 15 (which is due to be adopted for decision making in June 2023) vulnerable development
such as housing is generally not permitted in Flood Zone 3.
1 Pursuant to outline planning permission for mixed use development at Ffos Las racecourse and surrounding land (pp ref:
S/11568).
www.carneysweeney.co.uk
Figure 1: NRW Flood Map for Planning extract for Carway
Whist we acknowledge the above, it is important to note only a small proportion of the site is affected
by this Flood Zone 3 designation and, most importantly, it lies partly within Flood Zone 3 for surface
water and small watercourses only and is not deemed at risk of river and sea flooding. The latest
available version of the TAN 15 (January 2023, Consultation Version), is clear that vulnerable
development such as housing is generally not considered acceptable in areas that are flood zone 3 for
Rivers and Sea flooding specifically:
“Where development is proposed in any area facing flood risk from rivers and the sea, the
planning authority will need to be satisfied that its location is justified. It is important that areas
in Zone 3 are used only as a last resort, and not at all for new highly vulnerable development.”
(TAN 15 Consultation Version 2023, pp 10.10) (our emphasis).
Whereas, in terms of surface water flood risk, TAN 15 (Jan 2023) notes:
“Locally appropriate approaches can be incorporated into the Development Plan using local
policies, and in the decision-making process for planning applications.” (pp 4.8).
“The [Flood Map for Planning] shows areas at risk of flooding from surface water and small
watercourses, split into ‘Flood Zone 2’ and ‘Flood Zone 3’. These are considerations for
planning authorities and must be integrated into plan-making processes and decision-making.
For some developments it will be possible and appropriate to include management and
mitigation measures (refer to section 8).” (pp 5.2) (our emphasis added).
“A Flood Consequences Assessment will be required for any new development proposal
located fully or partly in Flood Zones 2 and 3 - Surface Water and Small Watercourses.” (pp
8.7).
The emerging TAN15 does not preclude housing development within surface water Flood Zone 3; such
development will generally be acceptable, subject to detailed design and appropriate management and
mitigation.
Accordingly, any future development proposals at the site would be supported by a Flood
Consequences Assessment and Drainage Strategy and would be subject to the separate SAB approval
process to secure sustainable surface water drainage measures. This is eminently achievable at the
detailed design stage and, therefore, should not be considered a barrier to the allocation of the site.
Additionally, it should be noted that significant drainage infrastructure has already been implemented
at this location as part of the delivery of, firstly, Ffos Las racecourse and latterly the housing allocation
being delivered by Persimmon immediately to the south (site allocation ref. SeC8/h1).
In respect to other potential site-specific requirements, namely, further ecological investigation, we
envisage this being carried out to help inform detailed development proposals and ensure Biodiversity
Net Gain (BNG) is delivered by on site delivery and/or by offsetting.
Housing Need and Supply
The Council’s pre-application advice concludes that while development of the site would be considered
contrary to the development plan (given the site’s current status outside the existing settlement
boundary), there is noted potential for small areas of local needs housing adjacent to the development
limits (in Carway) provided there is an established genuine local need.
We note the 2nd Deposit Plan Strategic Policy – SP4 ‘A Sustainable Approach to Delivering Homes’
states that:
“In order to ensure the overall housing requirement of 8,822 homes for the plan period is met,
provision is made for 9,704 new homes in accordance with the settlement framework in order
to promote the creation and enhancement of sustainable communities.”
Various population and household growth projections were assessed to reach the above requirement
figure. The ten-year based projection from Turley’s Housing and Economic Growth Report was chosen
to be taken forward for the RLDP, which projects a total population increase of 14,468 and a
requirement for 588 new homes per year.
We understand this annual housing requirement reflects build rates since 2007, which are
approximately 501 homes per year (paragraph 4 of the Housing and Economic Growth Report, Turley,
November 2022). However, this figure is less than half that of the 2014 LDP housing target, which was
1,013 dwellings per annum. Carmarthenshire Council has failed to deliver sufficient homes to meet local
demand for a longstanding period; basing future delivery on inadequate past build rates merely
compounds the longstanding issue of undersupply going forward into the new plan period.
The supporting Housing and Economic Growth report importantly notes that:
“Undersupply may though have contributed towards residents of Carmarthenshire living in
larger households than was previously anticipated, some potentially being left with no choice
but to stay in the family home or share with other adults due to a shortage of available housing.”
(pp 5).
There is clear, genuine local need. The strong market interest and swift and ongoing delivery of the
existing allocation in Carway directly adjacent to the site is a strong demonstration, itself, of local need.
We consider the housing targets proposed within the 2nd Deposit are insufficient to address previous
undersupply and meet the demands of the growing local population across the new plan period. We
consider housing targets should be lifted accordingly.
In order to achieve the RLDP’s goals to “promote the creation and enhancement of sustainable
communities” (RLDP Policy SP4), additional housing should be directed towards sustainable
settlements such as Carway. Carway is an identified Service Centre within the settlement hierarchy and
is accordingly appropriate for additional housing allocations (as per RLDP Strategic Policy SP3).
The subject site adjacent to Culla Road Roundabout (ref: SR/023/003) represents a sustainably located
site, as established in principle by the neighbouring allocated sites (refs: SeC8/h1, which has been built
out and SeC8/h3, which benefits from outline planning consent). Furthermore, the site is immediately
deliverable and by the Council’s own measure scored highly in the LPA’s candidate site assessment
process. Based on the Council’s Site Assessment Table (2023), the only reason for rejecting the site
www.carneysweeney.co.uk
as an allocation is a perceived lack of need. However, we encourage the Council to revisit its previous
conclusion on this in the context of the Council’s persistent undersupply of housing and added
uncertainty regarding the deliverability of the Council’s proposed housing allocations. Paragraph 4.2.10
of Planning Policy Wales 11 (PPW) stresses the importance that “The supply of land to meet the
housing requirement proposed in a development plan must be deliverable.”
Phosphates and SAC
We understand one of the principal reasons for the Council’s current consultation on a 2nd Deposit Plan
was to evaluate NRW’s guidance on riverine phosphate levels. Within the County, there are two riverine
Special Areas of Conservation (SAC) that are affected by this guidance: the Afon Teifi and Afon Tywi.
Planning applications for development that may increase phosphate levels in these rivers need to
demonstrate nutrient neutrality for development to proceed.
The 2nd Deposit Plan’s evidence base includes a Nutrient Mitigation Options Technical Review report
prepared by Ricardo (June 2022). The report notes that the Pencader Sewage Treatment Works and
Llandovery Waste Water Treatment works have the highest number of planning applications
constrained by phosphorus (page iv of the report). Therefore, it is apparent that future housing
development in Pencader and Llandovery is particularly constrained by the need for nutrient neutrality.
There is now, in our view, significant doubts as to the deliverability of the housing sites allocated within
the 2nd Deposit in these two settlements in particular, namely:
 Ref: SeC14/h2 Land adjoining Maescader, Pencader for 24 dwellings;
 Ref: SeC14/h1 Blossom Garage, Pencader, for 30 dwellings;
 Ref: SeC15/h1 Land to north of Dan y Crug, Llandovery, for 61 dwellings;
 Ref: SeC15/h2 Land adjacent to Bryndeilog, Tywi Avenue, Llandovery, for 8 dwellings.
In particular, we question the deliverability of site allocation ref: SeC14/h2 Blossom Garage. This site
has been subject to a recent planning application refusal (ref: W/39283). One of the principal reasons
for refusal was the site being located within the catchment of Afon Tywi SAC and not demonstrating
phosphate neutrality or betterment.
We note allocation ref: SeC15/h1 in Llandovery listed above has been allocated for many years and
remains undeveloped. The LPA’s supporting Site Assessment Table (2023) indeed notes concerns
over the deliverability of this site, and therefore reduces the size of the allocation within the 2nd Draft
Deposit RLDP. The riverine SAC phosphates constraint makes this site even less deliverable.
Other settlements in the County that have housing allocations near to riverine SACs are Newcastle
Emlyn (which is also largely constrained by SSSI and Conservation Area designations) (allocations for
51 units); Pont-Tyweli (14 units); Cwmifor (8 units); Carmarthen (1,283 units); Burry Port (501 units);
Llanelli (1,516 units); and Llangennech (94 units).
It is highly likely that proposed housing allocations in locations affected by riverine SACs phosphate
constraints will not be deliverable, either in part or in full. Indeed, site ref SeC14/h2 above has already
failed to achieve planning permission. Combined, we understand the above affected settlements are
allocated to provide an estimated 3,590 homes. On an assumption that just c.25% of these allocations
failed to be delivered due to the riverine SAC phosphate constraint, this would lead to a significant
shortfall of c.897 homes throughout the Plan period.
Notwithstanding sites affected by the SAC phosphates constraint, there are other sites throughout the
County exhibiting deliverability issues. For instance, existing allocation Ref: SeC16/h1 - Llandeilo
Northern Quarter has been reduced in size due to deliverability concerns. We understand this site has
been allocated for a longstanding period without being delivered. Similarly, we note the below existing
allocations, totalling 115 units, have been reduced in size due to concerns over deliverability:
 Opposite Village Hall in Cwmifor for 16 units (ref: SC30/h1);
 Land at Maesarddafen, Llanelli for 94 units (ref: PrC2/h15);
www.carneysweeney.co.uk
 Heol Y Graig, Llwynhendy for 5 units (ref: PrC2/h28).
The 2nd Deposit Plan’s current reliance on riverine SAC phosphate affected housing allocations, and
other failed/constrained allocations gives rise to significant uncertainty as to the Plan’s effectiveness,
and, indeed, soundness.
Meanwhile, the subject land adjacent to Culla Road Roundabout (candidate site ref: SR/023/003) has
been excluded, on the seemingly sole basis that there is no need for the allocation. In regard to the
riverine SAC phosphate constraint, land at Culla Road is entirely unconstrained. As outlined previously
and acknowledged by officers there remain “…no adverse impacts to the development of this site…”.
We stress the site should be reconsidered for allocation.
Figure 3: Aerial view of Carway, overlaid with the existing settlement limit boundaries (shown in blue) and the
indicative site boundary (outlined in red)
Figure 3 clearly demonstrates the potential for development of the site as a logical “completion” or
“rounding” of the settlement of Carway, which is currently in two parts and physically divorced by the
subject site. Infilling the land between both parts of the settlement presents an opportunity to cohesively
develop the Service Centre settlement, without extending the built limits of the settlement or incurring
any further into the surrounding countryside. There has been significant market interest in the site from
housing developers, which indicates strong demand for the delivery of the site to meet local housing
need in Carway. The accompanying Supporting Statement sets out the merits to delivering the site for
much needed housing.

Summary
To summarise the above:
 Candidate site ref: SR/023/003 ‘Land adj. Culla Road Roundabout (B4317), Carway’ was
submitted as part of the 2018 Call for Sites. It scores highly across all stages of the LPA’s
assessment process;
www.carneysweeney.co.uk
 Pre-application advice (ref: PRE/01319) notes the site lies within Flood Zone 3 in the emerging
TAN15. The site lies within Zone 3 for surface water and small watercourses flooding only (i.e.
not river or sea flooding), whereby development for housing is generally acceptable; in
accordance with TAN 15 (Jan 2023);
 Site specific assessments such as ecological surveys etc. can be provided as part of any future
proposals at the site, to ensure Biodiversity Net Gain is achieved. There are no insurmountable
site constraints identified at this stage. The site is readily deliverable;
 The proposed provision for 9,704 homes within the RLDP to meet an identified requirement for
8,822 homes at c.500 homes per year is considered insufficient and will compound
longstanding undersupply. The County should be targeting an increase in annual build rates,
in order to provide for the future population growth and meet local need;
 Based on current draft allocations the riverine SAC phosphate constraint will likely significantly
constrain the delivery of housing across the County over the emerging plan period, particularly
in Pencader and Llandovery. The Council’s previous conclusions on need should be thoroughly
reassessed. The proposed site at land adjacent to Culla Road Roundabout (ref: SR/023/003)
is unconstrained and immediately deliverable.
 The sustainability of this site location is established and confirmed by the Council’s own site
assessment process. Delivery of the site for housing will logically complete the Carway
settlement and meet clear and genuine local need. There has already been significant market
interest in the site by developers. The site should be allocated for housing within the RLDP.
We trust that the above/ enclosed representations will be taken into consideration as part of the future
progression of Carmarthenshire’s RLDP.
We look forward to being kept informed of the RDP’s progress and hearing from you in due course.
Should you require any further information or wish to discuss further please do not hesitate to contact
us.