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CONWY DEPOSIT LOCAL DEVELOPMENT PLAN 2007-2022 (REVISED EDITION 2011)

POSITION STATEMENT

HEARING SESSION 12: LLYSFAEN

ON BEHALF OF

PROFESSOR D W WILLIAMS AND DR A W PARRY-WILLIAMS

THURSDAY 9 MAY 2013

Representor No: 4498

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1.0 Background

1.1 This Position Statement is submitted by Edward Landor Associates on behalf

of Professor D W Williams and Dr A W Parry-Williams as owner occupiers of

the former Rectory, Dolwen Road, Llysfaen, LL29 8SS. Professor D Williams

and Dr Parry-Williams have submitted representations at appropriate stages

of the Conwy Local Development Plan process.

1.2 This objection relates to Strategic Policy HOU/1 – Meeting the Housing Need

and the allocation of sites for housing development at:

Land adjoining Ysgol Cynfran – 40 dwellings

Land adjacent to Former Rectory – 30 dwellings

2.0 Land adjoining Ysgol Cynfran – 40 dwellings

2.1 In the Deposit Local Plan 2007-2022 (Revised Edition 2011) this site was

described as totalling 1.3 hectares with a capacity of 40 units. However, on

the Proposals Map the site identified for allocation comprised just 0.6

hectares. This cast doubt in the objector’s minds as to the proposed density

of development and deliverability of any future scheme particularly with regard

to vehicular access as the land between Dolwen Road and the site identified

for allocation was excluded.

2.2 This apparent error was corrected in the Focussed Changes Document

(August 2012). My client recognises the site is in a highly sustainable location

given that it is adjacent to Ysgol Cynfran. It also forms a logical consolidation

of development between the School and the existing housing which surrounds

it on Glyndwr Road and Cynfran Road.

2.3 An existing vehicular access serving the School can be extended into the site

proposed for allocation. While conflicts are certain to arise between traffic

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generated by the existing education use and any prospective housing

development, it is considered this is a likely to be resolved at the planning

application stage.

2.4 Physically and functionally the site relates to east Llysfaen which comprises

contemporary housing estate type development. There is an open field

between the allocated site and the Rectory which maintains its integrity.

Development in this location is not considered to impact on the historic core of

Llysfaen.

2.5 The site is owned by the Local Authority, and as it has been put forward for

development must be regarded as available and deliverable. There are no

apparent valid planning reasons to preclude allocation, and the representor

therefore withdraws their objection to the allocation.

3.0 Adjacent to Former Rectory – 30 dwellings

3.1 The representor contends that the proposed allocation of land adjacent to the

Former Rectory for the development of 30 dwellings is contrary to the aims and

objectives of the plan, and is contrary to the tests of soundness identified as C2

(National Policy) and Test CE2 (Credible Evidence Base).

3.2 For the reasons set out below, the representor identifies conflict with:

Planning Policy Wales (Edition 5) November 2012

Minerals Technical Advice Note (Wales) 1: Aggregates published in

March 2004 (MTAN 1)

Conwy Deposit Local Development Plan - Policy DP/1, Policy CTH/1,

Policy CTH/2 and Policy CTH/3.

Settlement Boundaries

3.3 This was an issue the representor was invited to bring forward from the Spatial

Strategy Hearing 2b to the relevant Site Specific Hearing session.

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3.4 The Conwy Deposit Local Plan 2007 -2022 (Revised Edition 2011) identifies

the settlement boundary for Llysfaen as divided into five parts. This is illustrated

in extract Proposals Map LDP004 below:

LDP004 – Proposal Map Extract Rhos on Sea to Llysfaen

3.5 The five parts of this dispersed village are numbered for ease of reference in

Appendix 1.

3.6 Revised BP 37 refers in paragraph 12.6 to Llysfaen as more dispersed than

any other settlement in Conwy. It refers to the settlement boundary as

separated into four parts. This is illustrated with reference to an extract of

Composite Map Incorporating Focussed Changes - Map 3 Colwyn Bay

October 2012.

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Composite Map Incorporating Focussed Changes Map 3 Colwyn October 2012

3.7 The four parts of the settlement boundary are numbered for ease of reference,

again in Appendix 1.

3.8 Parts 1 and 2 of the settlement have been amalgamated. Part 2 represents

the historic core of the Village. It comprises the Grade II* listed St Cynfran

Church, Grade II listed Church House and Post Office. It is quite different in

character to Llysfaen east which comprises contemporary housing estate type

development. The boundary changes introduced with the Focussed Changes

Report result in the coalescence of old and new Llysfaen with a resulting loss

of integrity of the historic core of the village. No explanation or justification for

this change is provided. The proposed alteration is contrary to the core plan

principle for Rural Development Strategy Areas set out in paragraph 13.14.15

of the Composite LDP with Focussed Changes (November 2012) which aims

at “”conserving the natural and built character”. National Planning Policy for

Wales Edition 5 – November 2012 advises against “coalescence” (paragraph

9.3.2). While coalescence in this cases comprises two parts of the same

settlement, as opposed to one or more separate settlements, the distinctive

and disaggregated character of Llysfaen was recognised as important when

determining its settlement boundaries at the time the Council published

Revised Deposit Local Development Plan.

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3.9 For whatever reason, that principle has now been abandoned. The change

introduced is not appropriate for the reasons stated. The change is contrary to

the test of soundness C2 (National Policy) and Test CE2 as there is no

credible evidence base for their introduction.

Impact on Historic Village Core

3.10 As referred to above, the site is located in the historic centre of the village. It

forms part of the setting of the Grade II* Listed St Cynfran Church ( Record

No. 142), Grade II Listed Church House ( Record No. 18577), the Post Office,

the former Rectory and its former Coach House, now converted to a separate

dwelling. The Rectory dates from the 1620s, was extended in 1846 and

includes a walled garden as part of its curtilage. While the Rectory is not

listed, it is of list quality and of significant historical value in its own right. It

was recognised as such in 1954 by the Royal Commission on the Ancient and

Historical Monuments of Wales (1954) as a classic example of its type.

3.11 There is a significant historic link between the Rectory, the St Cynfran Church

and Church House. The Church and the Rectory were obviously connected,

and no doubt previous pastors would have regularly moved between the two

buildings. The walled garden attached to the Rectory incorporates a historic

and former gateway on the west wall. This gateway may have provided

access for clergy from the Rectory to the Church and vice versa. There is

therefore a clear connection of historical importance between St Cynfran

Church and the former Rectory. The proposal to allocate this site breaks this

link and does not conserve or enhance this historically important collection of

buildings in accordance with Policy DP/1.

3.12 In addition to the historic links, there is also the need to consider the setting of

these historically important buildings. Other listed structures in this location

include the sundial in the Church Yard which is Grade II Listed (Record No.

18576) and a telephone box located on Dolwen Road, also Grade II Listed

(Record No. 270), but which appears to have been removed. Both St Cynfran

Church and Church House benefit from the adjacent open character of the

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countryside. This open setting provides views of the Church and Church

House approaching the village from the east along Dolwen Road and from the

south Pentregwddel Road which make an important contribution to setting

and character. The proposed allocation and eventual development of this site

for housing would have a detrimental impact on the setting of these important

buildings, including the former Rectory, and, as a consequence, adversely

impacts on the historical character of the village.

3.13 The views and inter-relationship between the buildings will no doubt be an

issue which the Inspector will assess at the unaccompanied site visit. The

allocation and prospective development of this site will impact on the

openness and spaciousness of the historic core of the village. The Council’s

Principal Conservation Officer considered the site in the context of the setting

of the Grade II Listed Church House, and suggested that “open land/tree

planting” on the site’s western boundary should be encouraged to protect the

backdrop of the building. However, in our opinion, the wider significance of

this site is that it is the last remaining triangulated, undeveloped glebe land

connecting a historic church, church hall and rectory in the coastal zone in the

plan area. The Rectory and grounds, although not listed, on any reasonable

assessment must be regarded as a building of local historic importance.

Preserving the open character of the site is important to protect the integrity of

the historic core of the village, particularly having regard to the suburban

character of east Llysfaen.

3.14 The proposed allocation is therefore in conflict with Policy DP/1 1.d) –

Sustainable Development Principles which requires that all developments

conserve or enhance the quality of buildings , sites and places of historic,

archaeological and architectural importance. This is not a permissive policy

and is stated as a requirement. It is also in conflict with Policy CTH/1a) which

aims to ensure that new development, on both allocated and windfall sites

within the Plan area will not have a significant adverse impact on heritage

assets in line with Policy CTH/2 – Development affecting Heritage Assets.

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3.15 It is also contrary to Planning Policy Wales (Edition 5) November 2012.

Paragraph 6.1.1 identifies that one of the Assembly Government’s key

objectives in this field is to:

“Preserve or enhance the historic environment, recognising its

contribution to economic viability and culture, civic pride and the quality

of life and its importance as a resource for future generations”

Planning History

3.16 In 1987, the Council refused planning consent for residential development on

this site and an appeal was subsequently dismissed under reference P12/483.

In his decision, the Inspector identified that the site occupied a prominent

position in the village. In relation to the impact of development of the historic

village core the Inspector noted:

“The appeal site occupies a prominent position in Llysfaen in my opinion. And

given the presence of the nearby Church, the church house, old rectory… and

the post office store, I can readily understand why the Council for the

Protection of Rural Wales regards the area around the site as ….” the only

centre of the village…..” a view shared by some local residents and Llysfaen

Community Council”

3.17 In addition, he identified the site was in close proximity to an existing

operational quarry. The Inspector therefore concluded that general housing

development on this site was inappropriate having regard to disturbance and

vibration. The impact on the local environment and the impact of the quarry on

future residents still remain pertinent. The Council does not appear to have

taken full consideration of this decision in selecting the site for potential

housing allocation. As such the decision to allocate the site is unsound. A

copy of the Inspectors decision letter appears in Appendix 2. Furthermore, the

quarry face is currently nearer to the village than it was in 1987, as Clwyd

Council gave permission for it to be extended in 1993. The permission to

extend is referred to and explained further in Paragraph 3.21 of this

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statement. The issues of vibration and disturbance are therefore more

significant than there were at the time of the Inspector’s decision.

Quarry Buffer Zone

3.18 The subject site is close to Raynes Quarry. Policy MWS/3. 2 identifies that

planning permission will not be granted for any development within the

Safeguarded Hard Rock or Sand and Gravel designation which may harm the

long term viability of working with those resources. This is subject to the

proviso that the need for any proposed development outweighs the need to

protect the mineral resource and evidence demonstrating that no

commercially viable hard rock resources would be affected.

3.19 Policy MWS/4, makes reference to “inappropriate development” within Buffer

Zones and is defined as including residential, employment, tourism and

community facilities. It goes on to state that proposals that would result in

significant detriment to amenity or safety or, which would unacceptably restrict

the operation of a quarry site, will be refused.

3.20 Llysfaen is within a Safeguarded area as designated on the Proposal Map.

Minerals Technical Advice Note (Wales) 1: Aggregates published in March

2004 (MTAN 1) by the Welsh Assembly Government is relevant. It identifies

that that the Assembly Government takes the view that the minimum buffer

zone distance for hard rock quarries is 200 metres. The Composite LDP with

Proposed MACS refers to the buffer zones as normally 200 metres around

each active area which is a misinterpretation of national policy. The main

impacts of mineral extraction are identified in MTAN 1 as traffic, noise and

vibration from blasting. The latter impact is of greatest concern for owners and

householders in Llysfaen. MTAN 1 identifies that the buffer zone is defined

from the outer edge of the area where extraction and processing operations

take place.

3.21 Background Paper 21 identifies that Raynes Quarry operates predominantly

under planning permission granted in 1946. In 1993 Clwyd County Council

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granted planning permissions for two extensions of the 1946 permission.

These permissions include a requirement that no minerals shall be worked

from the site after 2028. In 2009 the operator submitted an application under

the Environment Act 1995 for the periodic review of conditions under

reference 0/363336 which was approved on 19 January 2012. Having regard

to the above matters, it is a material consideration to the proposed allocation

of this site that Raynes Quarry will remain an active working quarry

throughout and beyond the LDP plan period.

3.22 The proposed allocation adjacent to former Rectory is circa 197 metres from

the Quarry site. It is contended that the buffer zone illustrated on the

Proposals Map does not meet the Welsh Assembly Government’s minimum

requirement. This proposed allocation therefore fails to meet the test of

soundness, Test C2, relating to national policy. This was the same view

reached by an Inspector at appeal in 1987 and the quarry face is nearer to the

village than it was in 1987.

Impact on Open Character

3.23 Paragraph 10.28 of Background Paper 10 –Sustainability Appraisal/Strategic

Environment Assessment identifies that Countryside Council for Wales

consider the site to be important in terms of the openness of the village. The

paragraph also states that the Council have not identified how the adverse

effects of the development can be overcome and therefore why the site can

be regarded as suitable for allocation. As the Council has not demonstrated

how openness can be maintained, the proposed allocation clearly cannot be

considered credible. This site is the only remaining open space within the

village with views from public vantage points. These views would be

irrevocably lost if the site becomes allocated and eventually developed. This

was regarded by the Inspector as a material consideration in 1987.

3.24 The importance of the site in terms of openness and spaciousness is crucial

in terms of its contribution to character and impact on the historic core of

Llysfaen as referred to in paragraphs 3.10 - 3.15 above.

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Sequential Assessment and Council Identified Constraints

3.25 The Council’s assessment in Background Paper 21 (Site Deliverability

Assessment) identifies the site as generally performing well in the sequential

teat. However, the assessment identified that the site is not located in an

existing settlement boundary; it is not previously developed and is rural. It is

therefore unclear how the Council arrived at the conclusion that this site

performed well in the setting of the outlined sequential test.

3.26 The Council’s Assessment also identified the site as being in close proximity

to a SSSI which is already under pressure. It is in a high quality landscape

area, adjacent to a Listed building, has a high potential for sub-surface

archaeology, no gas mains and no doctor’s surgery nearby. Considering the

constraints, which have been identified by the Council alone, this can hardly

be described as a preferable site.

Ownership Issues

3.27 Background Paper 21 identifies that there are no issues with ownership in

relation to the site. This may not be correct. The site is glebe land and there

may be constraints on its release. Glebe land, for historical reasons, is

normally distinct from other ecclesiastical land. We are unaware of what

investigations the Council may have made in this regard. However in our

opinion, disposal of this glebe land site may require special procedures, which

may be problematic, with consequential impacts on deliverability of the site.

Highway Constraints

3.28 The Council’s Highway’s Officers have identified that the site should be

accessed from Pentregwyddel Road to the north of the site. There is a

significant change in levels between the road and the proposed allocation site,

which would need to be addressed in the site’s development. Furthermore,

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Pentregwyddel Road reduces to a single carriage road to the north with

extensive on street parking towards the junction with Clobryn Road. It is in this

direction that traffic generated from the site will take travelling east, out of

Conwy. Pentregwyddel Road is not suitable for handling any increase in traffic

and there are no proposals to upgrade this road as part of the Deposit LDP.

Sustainability

3.29 There are no footpath connections between the site and the Ygsol Cynfran on

Dolwen Road. The absence of reasonable connections is constraint on

development which does not appear to have been factored in. Walking is the

most sustainable form of transport. The likelihood is that children from this

location attending the local school will be dropped off by car for reasons of

safety despite the fact that the site is in close proximity to the school.

3.30 It is also a sustainability issue that there is no mains gas supply in Llysfaen

and that most residential properties in the area depend on LPG or oil for

domestic fuels.

Local Objections

3.31 The Register of Site Allocation Representation published in November 2011

records there were 108 separate objections to the allocation of the site from

local residents. The level and degree of local opposition to allocation is

significant. The extent of local opposition is not in itself a reasonable ground

for resisting allocation. To carry significant weight opposition should be

founded on valid planning reasons supported by evidence as opposed to a

process of campaigning. There are valid planning reasons for excluding this

site from allocation and these are expressed in the responses sent to Conwy

Council and replicated in this Position Statement. Local representations do

not appear to be given any weight. They are reported but included with

balancing argument.

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Scale of Development

3.31 In Llysfaen there are currently two sites proposed for allocation on land

adjacent to Ysgol Cynfran and adjacent to the Former Rectory site. These

sites have an estimated combined capacity of 70 units. Ty Mawr which is

now identified as part of Old Colwyn is proposed for allocation and has a

capacity of 255 units. It is physically and functionally close to Llysfaen and

will look to Llysfaen for some of its services. This raises an issue of

deliverability and market saturation in such a localised area within the

remaining nine-year plan period. The level of development proposed in this

location, should all three sites be developed – Ty Mawr, former Rectory and

Ysgol Cynfran – comprising 325 - is very considerable in this Tier 1 Village.

4.0 CONCLUSION

4.1 The representor withdraws their objection to the allocation of land adjacent to

Ysgol Cynfran.

4.2 The representor sustains their objection to the proposed allocation of land

adjacent to the former Rectory on the grounds that it conflicts with the aims

and objectives of the plan, and is contrary to the tests of soundness identified

as C2 (National Policy) and Test CE2 (Credible Evidence Base) having regard

to the following:.

Planning Policy Wales (Edition 5) November 2012

Minerals Technical Advice Note (Wales) 1: Aggregates published in

March 2004 (MTAN 1)

Conwy Deposit Local Development Plan - Policy DP/1, Policy CTH/1,

Policy CTH/2 and Policy CTH/3.