2.5 Supporting Documents

Comment

Representation ID: 27499

Received: 15/08/2019

Respondent: Ms Jayne Neal

I want assurances that all of the following taken from the document will be provided in a timely manner to support the developments:
All elements of Strategic Policy 12 - Infrastructure and Development
Sustainable Placemaking in Conwy - Paragraphs 3.13.2-3.13.5

Noted.

Comment

Representation ID: 28003

Received: 19/09/2019

Respondent: Home Builders Federation Ltd

BP01: Growth Level Options Report
The Development Plans Manual states "The critical point is ensuring that both economic and housing growth are broadly aligned, accepting that there is no direct mathematical relationship. Both forecasts and the scale of growth should be aligned to support each other". The scale of growth proposed by the Preferred Strategy, far from supporting the Councils approach to the economy, appears likely to constrain such growth and increase pressure for unsustainable in-commuting contrary to the wording above.
Housing Mix - we do not agree that the mix of market housing on a site might be controlled.

Not accepted - the housing growth figure takes into account the increase in jobs - see Background Paper 1

Object

Representation ID: 28004

Received: 19/09/2019

Respondent: Home Builders Federation Ltd

BP07 Housing Land Supply
The HBF considers that CAT4 sites should not be included in the commitments calculation.
The housing trajectory does not take account of committed sites. The council do not reduce the level of windfalls due to changes in funding for RSLs.
The commitments should be discounted to take account of the recognised likelihood of non-delivery from allocated sites.
The non-delivery of Council owned allocated sites needs to be considered when looking at allocations in the future.

Accepted in part. The Deposit Plan will include a full housing trajectory as per the tables in the draft LDP Manual (Edition 3). This will use the WG methodology and should address some of the issues raised here.

Object

Representation ID: 28005

Received: 19/09/2019

Respondent: Home Builders Federation Ltd

Topic Paper 1
LDP AMR findings - Table P15 - The HBF do not consider the answer given is reasonable.
CCBC graph P17 - The supporting text around this graph is very negative and leads the Council to a reason for reducing the housing requirement, however the last two years of the graph show a significant increase in levels of housing delivery.
P18/19 the comment about 100% affordable homes will need to be revisited.
P21 The HBF considers that deallocation should also apply to any site where it cannot be shown that it will come forward in the Plan Period.

Not accepted.

Object

Representation ID: 28006

Received: 19/09/2019

Respondent: Home Builders Federation Ltd

BP09 LHMA
The HBF notes that the affordable housing need calculation looks at current and future housing need, however, this figure is then considered against the overall housing need figure which is calculated using past trends and takes no account of any backlog as a result of under delivery.

Not accepted. This is due to availability of data in relation to AH need. Whilst there is currently a shortfall in housing delivery in relation to the adopted LDP housing requirements, these were based on previous WG projections which were superseded even before adoption of the LDP. The RLDP use the latest available data refer to BP/1 & BP/11.

Object

Representation ID: 28007

Received: 19/09/2019

Respondent: Home Builders Federation Ltd

BP10 Affordable Housing Viability Summary
The HBF questions the purpose and role of this paper in the Plan process, why is a separate summary document required.

Accepted in Principle: Summary document prepared due to timescale for Preferred Strategy. BP/10 - 'Affordable Housing Viability Study' currently being finalised.

Object

Representation ID: 28008

Received: 19/09/2019

Respondent: Home Builders Federation Ltd

The HBF questions why are the Council choosing to use a different methodology to the latest WG one? There appears to be no explanation for this in the document.
Based on the comparison between the different methods used shown in Table 1 the HBF objects to the proposed growth option as it would result in a higher level of affordable homes being provided, above the identified need.

Not accepted. This is due to availability of data in relation to AH need. Whilst there is currently a shortfall in housing delivery in relation to the adopted LDP housing requirements, these were based on previous WG projections which were superseded even before adoption of the LDP. The RLDP use the latest available data refer to BP/1 & BP/11.

Object

Representation ID: 28015

Received: 19/09/2019

Respondent: P & W Broilers Ltd

Agent: Gordon Kenyon (Kenyon & Company)

BP35 does not rule out development in Towyn and Kinmel Bay on flood risk grounds. With regard to our Clients site in particular, BP35 concludes that "in the event that this site should be considered for development prior to nay improvement in the flood defences, ground raising and appropriate mitigation will need to be considered if required.

Not accepted. Allocations and development in flood risk areas will be assessed in line with national planning and NRW guidance.

Comment

Representation ID: 28045

Received: 20/09/2019

Respondent: Ysgol Bryn Elian

What BP 45 fails to identify is the fact that Ysgol Bryn Elian is oversubscribed because of parental choice. 267 pupils who attend the school are out of its traditional catchment area as parents have exercised their right to choose a Secondary school for their child.

The school would not be oversubscribed, in fact, not full if only pupils from the catchment area attended.

This has a major bearing on section 6 of the council document, section 6.2. Ysgol Bryn Elian would have capacity to accommodate pupils over time to accept all pupils in its catchment area.

Noted. School capacity and catchment areas policies fall outside of the remit of the Replacement LDP. BP45 was written in consultation with CCBC Education Services. Planning Officers have worked and will continue to work with CCBC Education Services to assess the impact of new residential developments on school capacity, and financial contributions will be sought where justified.

Comment

Representation ID: 28165

Received: 30/09/2019

Respondent: Natural Resources Wales

Habitats Regulations Assessment

We agree with the Habitats Regulations Assessment (HRA) methodology and conclusion, given that further HRA screening will be required once more detail becomes available for the sites identified as having potential for Likely Significant Effects (LSE).

Noted.

Comment

Representation ID: 28166

Received: 30/09/2019

Respondent: Natural Resources Wales

Sustainability Appraisal

Conwy LDP Review: Sustainability Appraisal of LDP Vision, Objectives and Options Non-Technical Summary

It may be beneficial for B2.2 and B2.3 to be combined.

Noted.

Comment

Representation ID: 28167

Received: 30/09/2019

Respondent: Natural Resources Wales

Sustainability Appraisal

European Protected Species

Table 3.1 Key Sustainability Issues relating to the Conwy LDP Review

We advise the addition of the word 'restore' into the first sentence: "The need to conserve, restore, protect and enhance biodiversity including important species and sites designated for reasons of biodiversity conservation or ecological importance". ....

Noted. Text will be amended to clarify the approach in the RLDP.

Comment

Representation ID: 28168

Received: 30/09/2019

Respondent: Natural Resources Wales

Sustainability Appraisal

3.3 Review of Plans, programmes and strategies

3.3.1 In terms of EU legislation, identify EU Invasive Alien Species Regulations 2014 and Invasive Alien Species (Enforcement and Permitting) Order 2019

3.3.2 Recommend adding the word restore to the following sentence: "Conserve, preserve, restore, protect and enhance sites designated at international, national and local levels for reasons of biodiversity conservation, ecological importance, geological importance or heritage significance, in ways appropriate to their status".

Noted. Text will be amended to clarify the approach in the RLDP.

Comment

Representation ID: 28169

Received: 30/09/2019

Respondent: Natural Resources Wales

Sustainability Appraisal

Table A3.1 Review of Relevant Environmental Aspects, Issues and Problems

1. Biodiversity, Fauna and Flora

Under Existing objectives, Issues and problems, please add the following highlighted text:

Noted. Text will be amended to clarify in the RLDP.

Comment

Representation ID: 28170

Received: 30/09/2019

Respondent: Natural Resources Wales

Implications for SA again add the following highlighted text:

The Framework should include appropriate objectives to assess potential effects on habitats and species from proposals (including cumulative development) and policies within the emerging RLDP. This should include consideration of impacts such as habitat loss, recreational impacts, water abstraction, pollution, "biosecurity and invasive non-native species" and disturbance effects

Noted. Text will be amended to clarify in the RLDP.

Comment

Representation ID: 28171

Received: 30/09/2019

Respondent: Natural Resources Wales

Table B2.1 Review of other Relevant Plans, Programmes and Strategies

Bonn Convention

We welcome the statement "The SA Framework must include objectives relating to the appropriate conservation, protection and enhancement of designated sites." The text provides a clear reference to the Bonn Convention. The Bonn Convention includes the concept of Favourable Conservation Status.

Noted.

Comment

Representation ID: 28172

Received: 30/09/2019

Respondent: Natural Resources Wales

Table B2.1 European table to update Habitats Directive, the SA Framework is advised to consider:

(i) the management of European Sites;
(ii) Planned provision and management of stepping stone and linear habitats (Article 10);
(iii) Protection of European Species (Article 12);
(iv) Prevention of incidental capture killing (Article 15);
(v) Derogation in respect of European protected species

Noted.

Comment

Representation ID: 28173

Received: 30/09/2019

Respondent: Natural Resources Wales

Table B2.1 National (Wales) Table to be updated to reflect EU Invasive Alien Species Regulations 2014 and Invasive Alien Species (Enforcement and Permitting) Order 2019

Table B2.1 Add reference to the Conservation of Habitats and Species Regulations 2017; Wildlife and Countryside Act 1981

Table B2.1 Local (CCBC & Neighbouring Local Authorities)

We advise that the Biodiversity, Flora and Fauna Conwy Local Biodiversity Action Plan should be updated to reflect the provisions of the Environment (Wales) Act 2016

Noted. Text will be amended to clarify in the RLDP.

Comment

Representation ID: 28174

Received: 30/09/2019

Respondent: Natural Resources Wales

Section B.3. Review of National Planning Policy Requirements

Table B2.2. Review of PPW - 10th Edition (2018)

We advise additions including Conservation of Habitats and Species Regulations 2017 in respect of Regulation 10 duties in respect of wild birds and EU Invasive Alien Species Regulations and the Invasive Alien Species (Enforcement & Permitting) Order 2019

Noted. Text will be amended to clarify in the RLDP.

Comment

Representation ID: 28175

Received: 30/09/2019

Respondent: Natural Resources Wales

Table B2.3 Implications of other Welsh National Planning Policies, Advice and Guidance

We advise that updated RLDP policies:

(i) Include clear references to conservation status;
(ii) Include clear references to the consideration of long term issues including but not limited to tenure, resource provision, management and wardening;
(iii) Consider incidental capture killing issues;
(iv) Consider long term surveillance.

Noted. Text will be amended to clarify in the RLDP.

Comment

Representation ID: 28176

Received: 30/09/2019

Respondent: Natural Resources Wales

Appendix C Table C1.1 - Proposed SA Framework for the LDP review

Under the "proposed SA guide Questions - will the replacement LDP..."

We advise the addition of the word maintain or restore the current conservation status of protected or threatened habitats and species to defined favourable levels at local and county borough spatial scale

And recommend the inclusion of the following point:

Prevention, Eradication or control of invasive non-native species, these actions contribute to measures that help achieve the favourable conservation status for identified habitats and species.

Noted. Text will be amended to clarify in the RLDP.

Comment

Representation ID: 28177

Received: 30/09/2019

Respondent: Natural Resources Wales

Under the "Proposed Sustainability indicators for candidate site assessments"

We recommend the inclusion of the following points:

Evidence based maintenance or restoration of protected or threatened habitats and species to their favourable conservation status

Evidence based reduction or prevention of incidental injury or killing of protected and threatened species during construction and operational phases of development schemes

Noted. Text will be amended to clarify in the RLDP.

Comment

Representation ID: 28178

Received: 30/09/2019

Respondent: Natural Resources Wales

Table D2.2 Compatibility Matrix to Assess Replacement LDP vision and objectives

9 Biodiversity - Regarding SO 10 Support for renewables we would highlight issues concerning the prevention of incidental injury or killing of bats by wind turbines. Article 15 of the Habitats Directive concerns the monitoring and prevention of incidental capture or killing of European species

Noted. Text will be amended to clarify in the RLDP.

Comment

Representation ID: 28180

Received: 30/09/2019

Respondent: Natural Resources Wales

It should be clearly noted within the SA framework that Welsh Government are in the process of reviewing and issuing a new TAN 15: Development and Flood Risk and whilst there are no specific timescales. The publication is likely to impact on the development of the RLDP prior to submission to Welsh Government. The iterative SA process should be used to take account of evidence updates and be closely monitored, to update the RLDP.

There is no strategic objective on flood risk within Table 5.1.

Noted.

Comment

Representation ID: 28181

Received: 30/09/2019

Respondent: Natural Resources Wales

Table B2.1 Review of other Relevant Plans, Programmes and Strategies

Review of relevant plans and programmes Table B2.1 on EU, UK legislation and national are correct. However, local legislation has some gaps - please refer to our scoping report comments, together with any changes to the evidence base as this will need updating.

Accepted: Text will be amended.

Comment

Representation ID: 28182

Received: 30/09/2019

Respondent: Natural Resources Wales

Table B2.3 Implications of other Welsh National Planning Policies, Advice and Guidance

Table B2.3: the summary of TAN 15 is not correct. Please note that TAN 15 directs development away from Zone C and is based on Development Advice Maps (DAM). There is no reference to strategic approach required by RLDP, justification and acceptability tests, these need to be re-written and summarised succinctly to support the SA objective/framework.

Accepted: Text will be amended.

Comment

Representation ID: 28183

Received: 30/09/2019

Respondent: Natural Resources Wales

Appendix C Table C1.1 - Proposed SA Framework for the LDP review

Appendix C, C1.1: SA10 is required to be re-worded and more reflective of the revised objective and consequently the SA questions and indicators are not currently sufficient.

Noted.

Comment

Representation ID: 28184

Received: 30/09/2019

Respondent: Natural Resources Wales

Table A3.1 Review of Relevant Environmental Aspects, Issues and Problems

Mineral extraction: in addition to referencing the potential to affect hydraulic pathways and landscape, consideration should also be given to the risk of potential land contamination and associated water quality.

The North Wales Coalfield comprises the Flintshire Coalfield in the north and the Denbighshire Coalfield in the south. It extends from the Pont of Ayr through Wrexham to Oswestry, and there is also a small area on Anglesey. However, it does not fall into Conwy.

Accept in Part - Rephrase the Statement
Table A3.1 forms part of Background Paper 04: SA/SEA Scoping Report August 2018, which is contained in the Generic Evidence Base which informs the preparation of the Preferred Strategy. On checking the BGS published National Resource Map of Wales for North East Wales, no part of the Carboniferous Coal Field occurs within Conwy. Within the National Park area the resources are predominantly igneous and metamorphic slates and elsewhere there is a patchwork of Peat, Sandstone, Alluvial, Glaciofluvial and Glacigenic sand and gravels. Recommend replacing the entire Baseline Key Characteristics entry for Natural Resources in Table A3.1 (8) with the following:
"A dominant feature of Conwy CBC is the Silurian mudstone and slates which form the foothills and uplands of the Denbigh Moors in the east, the major valley system of the River Conwy and its tributaries in the central area, and the Silurian Mudstones and igneous rocks of the mountainous areas within Snowdonia to the west. A band of Carboniferous Limestone defines the higher ground along the coastal strip from Abergele to the Great Orme. A number of different mineral resources are illustrated on the National Resource Map for North East Wales, including Sand and Gravel and Hard Rock suitable for aggregates, and metalliferous and slate mining. Although mining activity in Conwy has ceased, many disused mines still exist and may affect hydraulic pathways below and on the surface, and may present sources of contamination which can adversely affect land and water quality. Furthermore, some disused mines may have a detrimental effect on the landscape and visual amenity."

Comment

Representation ID: 28185

Received: 30/09/2019

Respondent: Natural Resources Wales

Table A3.1 Soil and Land: PPW 10 Section 3.5 refers to previously developed (brownfield) land and de-risking it in development, which should be referenced in addition to chapters 5 and 6.

Noted.

Comment

Representation ID: 28186

Received: 30/09/2019

Respondent: Natural Resources Wales

Table B2.1 Review of other Relevant Plans, Programmes and Strategies

Under National UK please note that these documents will soon be superseded.

Water: refers to Groundwater Protection Policy and Practice (GP3), HM Government (2003) - the latest edition is 2018 and is now known as The Environment Agency's approach to groundwater protection.

Under National (Wales) Soil and Land: Consider also referring to Development of Land Affected by Contamination, A Guide for Developers, 2017 published jointly between the WLGA and NRW.

Noted. Text will be amended to clarify the approach in the RLDP.