Second Deposit LDP

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Object

Second Deposit LDP

INF5: Rural Allocations outside Public Sewerage System Catchments

Representation ID: 5736

Received: 25/05/2023

Respondent: Natural Resources Wales

Legally compliant? Not specified

Sound? Not specified

Representation Summary:

We welcome the requirement for sites of five or more dwellings in settlements where there is no connection to the public sewer to be served by a single private treatment system. This will prevent proliferation of small private treatment systems in rural areas and reduce risk of system failure if appropriate management controls are in place.

However, Paragraph 4.2.11 of the HRA Addendum Report (February 2023) advises this policy should be amended by ‘…directly referencing in the policy wording that ‘such infrastructure will only be permitted if it can be demonstrated that there is no adverse effect on the integrity of phosphorus sensitive riverine SACs’’.

Despite this recommendation, no change has been made to the policy and there is no explanation given for this.

Change suggested by respondent:

Amend Policy

Full text:

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.

Attachments:

Our response:

Regard should be had to the emerging nature of this impact pathway, the associated development in scientific understanding, and the subsequent advent of mitigative solutions and relevant guidance – factors which do not align well with the development plan process. As clarified within the HRA 2nd Addendum (Ref 61, Appendix A), the recommendations made in paragraph 4.2.11 were in the interest of specificity, and are not considered to impact the soundness of the plan whether subsequently heeded (or not)."

This matter will be further considered during examination.

Object

Second Deposit LDP

PrC2/GT1

Representation ID: 5737

Received: 25/05/2023

Respondent: Natural Resources Wales

Legally compliant? Not specified

Sound? Not specified

Representation Summary:

PrC2/GT1 – Land at Penyfan, Trostre, Llanelli has been identified by the Flood Map for Planning as being at risk of flooding and therefore its allocation within the plan fails to meet the tests of soundness.
As confirmed in the letter from Welsh Government dated 15 December 2021, ‘when plans are reviewed, the flood risk considerations that feed into the settlement strategy and site allocations must be in accordance with the new TAN 15 and the Flood Map for Planning’. When proposing an allocation within a flood risk area your Authority should undertake sufficient background evidence to demonstrate that the development is appropriate for the flood zone and that the consequences of flooding can be acceptably managed.

Change suggested by respondent:

Amend Plan if necessary

Full text:

Attachments:

Our response:

The allocation of the site within the LDP has been subject to full consideration through the site assessment methodology. As part of this assessment process a detailed site pro forma has been prepared. Further evidential work will be submitted as part of the submission documents to inform the examination.

Object

Second Deposit LDP

PrC/GT2

Representation ID: 5738

Received: 25/05/2023

Respondent: Natural Resources Wales

Legally compliant? Not specified

Sound? Not specified

Representation Summary:

Please note that the existing Gypsy and Traveller site at Penybryn is located within an area at risk of flooding however, it appears that the proposed allocation for its extension (PrC/GT2 – Penybryn (extension), Bynea, Llanelli) is just outside the flood risk area. This should be confirmed as a matter of clarity.

Change suggested by respondent:

Amend Plan if necessary

Full text:

Attachments:

Our response:

Comments noted. Further information will be provided and considered as part of the examination into the Plan.

Object

Second Deposit LDP

PSD3: Green and Blue Infrastructure Network

Representation ID: 5739

Received: 25/05/2023

Respondent: Natural Resources Wales

Legally compliant? Not specified

Sound? Not specified

Representation Summary:

We welcome the principle of ‘multifunctionality by bringing green infrastructure functions together’, in some circumstances securing wildlife interests would not be compatible with other Green and Blue Infrastructure (GBI) functions. However, to ensure the soundness of the plan in respect of Test 1 and having regard to national policy we advise the following amendments.

4. Maximise opportunities to achieve multi-functionality by integrating GBI functions to deliver combined objectives which benefit Biodiversity, Climate Change and Sustainability, Health and Wellbeing, Sense of Place, and
Economy; and where this will not compromise the purpose of the GBI;
6. Where significant wildlife interests are associated with the site, GBI provides a resilient ecological network which adequately conserves the respective wildlife interests;
7. Avoid illumination of GBI provided for the purpose of wildlife conservation.

All planning applications for major developments will be required to submit a Green Infrastructure Statement to demonstrate how GBI design solutions have been considered and accommodated as part of the proposed development particularly to conserve the site’s biodiversity. As noted previously any design plans should involve native species of local provenance. Consideration of the end uses of the sites is needed regarding species
e.g., hedgerow connectivity across a housing development would not benefit Dormice due to increase predation by household pets.

Change suggested by respondent:

Amend Plan if necessary

Full text:

Attachments:

Our response:

Comments noted.

It should be noted that given subsequent changes to Chapter 6 of PPW, a green and blue infrastructure statement will now be required on all planning applications (not just major developments).

Consideration will be required at the examination.

Support

Second Deposit LDP

11.301

Representation ID: 5740

Received: 25/05/2023

Respondent: Natural Resources Wales

Representation Summary:

11.301 We support the commitment to produce a SPG and would welcome the opportunity to be involved in the process.

Change suggested by respondent:

No change to the Plan

Full text:

Attachments:

Our response:

Support welcomed.

Support

Second Deposit LDP

PSD4: Green and Blue Infrastructure – Trees, Woodlands and Hedgerows

Representation ID: 5741

Received: 25/05/2023

Respondent: Natural Resources Wales

Representation Summary:

PSD4: Green and Blue Infrastructure – Trees, Woodlands and Hedgerows
We support the inclusion of this policy and the recognition of the importance of protecting these features. During our previous discussions we have expressed concern that development of several allocated sites would not reflect your policy to retain and extend tree cover. This is concerning considering Welsh Governments (WG) recent declaration on Climate Change and biodiversity.
Point 3 states “Provide appropriate compensation planting for unavoidable loss of trees, woodlands, and hedgerows to deliver overall enhancement to extent and cover.” We would welcome further details on this aspect.

Change suggested by respondent:

Amend Plan if necessary

Full text:

Attachments:

Our response:

Comment noted. This matter will be further considered during examination. A dedicated SPG is expected to support this policy. This will aim to clarify issues such as what will classify as appropriate compensation, and what is considered as unavoidable in line with the requirement set out in Point 3 (i.e., maximising the retention, protection, and integration of such GBI assets).

Support

Second Deposit LDP

11.302

Representation ID: 5742

Received: 25/05/2023

Respondent: Natural Resources Wales

Representation Summary:

11.302. It is important that the planting occurs in the right place with the right species and that it is not at detriment to existing valuable ecological habitat.

The South West Wales Area Statement recognises increasing woodland networks and having the right tree at the right place as important in achieving its theme of reducing the decline of and enhancing biodiversity. Management of woodland (along with grassland and peat) is also seen as a way forward in protecting our carbon sinks and mitigating and adapting to climate change. The plan and relevant supporting SPG’s should reflect a commitment to support delivery of these goals embedded within the Area Statement.

Change suggested by respondent:

Amend Plan if necessary

Full text:

Attachments:

Our response:

Consideration to the comment will be given when developing Supplementary Planning Guidance.

Support

Second Deposit LDP

11.304

Representation ID: 5743

Received: 25/05/2023

Respondent: Natural Resources Wales

Representation Summary:

11.304 Tree survey information should also include details of enhancement. Where new trees are to be planted management measures need to include a plan on how they will be protected and replaced should failure occur. There should be a commitment to an end product of mature long living trees.

Change suggested by respondent:

Amend if necessary

Full text:

Attachments:

Our response:

Comments noted. Further information considered within the representation will be considered as part of any future Supplementary Planning Guidance.

Support

Second Deposit LDP

11.306

Representation ID: 5744

Received: 25/05/2023

Respondent: Natural Resources Wales

Representation Summary:

11.306 As well as being a native species they should be suitable for the location’s conditions (soil/weather etc). We note the reference to unavoidable loss and that the
‘Council will expect the applicant to make every reasonable effort to retain existing features’. It should be made clear that it is unacceptable for development sites to be cleared of vegetation until surveys have been completed and the habitats and species occupying the site understood. We are aware of circumstances when we have been consulted on developments and the site has already been cleared of all vegetation prior to any permission being granted.

Change suggested by respondent:

Amend Plan if necessary

Full text:

Attachments:

Our response:

Comments noted. Further information considered within the representation will be considered as part of any future Supplementary Planning Guidance.

Support

Second Deposit LDP

11.348

Representation ID: 5745

Received: 25/05/2023

Respondent: Natural Resources Wales

Representation Summary:

11.348 We welcome the changes to this supporting paragraph which address the points made in our reply to the first deposit.

Change suggested by respondent:

No change to Plan

Full text:

Attachments:

Our response:

Comments welcomed

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