As from Sarn Y Plas, Rhiw Pwllheli Gwynedd LL53 8AA

Telephone: 00 66 55 643 534 Mobile 00 669 158 2355/ 00 666 164 7017
Email rainhammer01@yahoo.com

Ms. Sue Essex
Minister for the Environment
National Assembly for Wales
Cardiff Bay
Cardiff CF99 1NA
United Kingdom

November 25 2002

sue.essex@wales.gov.uk

Dear Ms. Sue Essex

Planning Application by Gwynedd CC: Road at Rhiw REF CO2D/0382/30/R3

Further to correspondence: (a hard copy of this email message has been sent)

I do understand that it is not usual to Call-In planning decisions. But I do think this is NOT a usual decision.

It is now widely and publicly understood that Gwynedd Council itself knows that this application flouts National Assembly policy (indeed at the meeting of the Dwyfor Planning Committee where the application was approved one councillor spoke for approving the application 'never mind the Assembly'),

It would appear that, far from it being appropriate that this matter is left to Gwynedd CC, they themselves are challenging the Assembly to declare whether you are serious in supporting your policies.

It is contradictory, to an Alice in Wonderland extent, to have policies in respect of ancient woodland, the environment, bio-diversity, and cultural and historic heritage, many of which you were instrumental in designing and instituting, and that when a planning decision is made by a Local Authority that totally contradicts both National Assembly Policy and the Planning Authority's own Structure and Local Plans, the Assembly takes the view: (and I quote from Bob Evans's letter) :

"that the development is not likely to be in conflict with national planning policy", when it clearly is!

When, too the Local Authority's own planning manager says that the application is in conflict; and the very fact that the Planning Authority have had to notify you confirms this.

The decision to grant planning permission can additionally be construed as totally contrary to some 20 of the policies of the Gwynedd Structure Plan and the Dwyfor Local Plan.

Indeed the Gwynedd CC application clearly states: "The decision to permit the development is in conflict with national planning policy (re ancient woodland), "

In respect of one of the central issues which is Para 5.2.8 of PPW Gwynedd CC says:

"The loss of broadleaved trees and impact on the semi natural Ancient Woodland are unavoidable as a result of the proposed scheme. However, it should be noted from the consideration of alternatives that on balance the proposed alignment is least environmentally damaging" .

However this is the view of the Gwynedd Engineering and Highways Department. The Dwyfor Planning Manager has established conclusively that quite insufficient information re alternative routes or the replacement of the old road was gathered and provided by the applicant and indeed the Local Authority has sought to mislead the public about both the cost and lifespan of repairing the existing road.

Interestingly at the same meeting of Dwyfor Planning Committee that the Local Authority's Planning Application was approved an application by a private individual to build a new house, as his existing one was being threatened by the same landslip as the road, was declined on the grounds that there was no point in building a new house in the landslip zone; the same area as that one the road would be built in!

You are, of course, thoroughly cognisant of both PPW and what Gwynedd CC has proposed. I have however, for the record, enumerated in an annex to this letter the detail of why I urge you to Call-In the application.

In this case, consonant with PPW, there are two considered and feasible alternatives to the development, which will allow the sustained development of the community and the conservation and preservation of both the natural and the historic environment without the irreparable damage that the proposal will entail:

To repair the existing road on its line, which, in spite of misleading reports from Gwynedd CC in the press, will have a minimum lifespan of 40 years, the same as that of the sections of road to which the proposed road will connect
or
To enhance existing roads, the feasibility of which has also been agreed by Gwynedd CC but they have failed to provide the same level of detail to enable their own councillors to judge the appropriateness of this option

Gwynedd CC is seen to be biased in favour of one alternative; and Dwyfor Planning Committee have been seen to connive with the Planning Authority in rejecting the professional advice given to them; positions which diminish public credibility in the processes of local government

If the application is not Called-In the Local Authority will enter into a protracted wrangle with the National Trust over the release of inalienable land which will be publicly damaging to both parties as well as The National Assembly.

A Call-In decision will enable the issues to be widely and publicly aired so I reiterate the requests that have been made to you to Call-In this planning application and to demonstrate that PPW Wales is being supported in an open and even handed way by The National Assembly


Yours Sincerely


Gwydion Thomas
ANNEX

I understand that The National Assembly's position is that Call-In will be effected where Planning Decisions:

 are in conflict with national planning policies;

Gwynedd CC asserts that the proposed scheme either aids or is neutral to the majority of planning policies contained in the Development Plan, and that "there are a number of policies that it would "hinder", ie be in contravention. Gwynedd lists these as:
D10 (Gwynedd Structure Plan) protected species, D14 (Gwynedd Structure Plan) broadleaved woodland E9 (Dwyfor Local Plan) protected species, E17 (Dwyfor Local Plan) ancient woodland,
E30 (Dwyfor Local Plan) registered park and garden

Such an interpretation of the data is not tenable. In fact the scheme hinders or is contrary to at least 14 of the policies listed below, neutral to perhaps 6 and only favours F3, F5 and F6 which relate to road building and improvement!

Gwynedd Structure Plan (adopted November 1993)

D1 Protection of the environment, D4 Siting and design, D5 Siting and design, D7 Retention of agricultural land, D9 Environmentally sensitive areas, D10 Safeguarding nature conservation interests, D14 Protection of broad-leaved woodlands, D15 Protection of Scheduled Ancient Monuments and archaeological sites, D20 Presumption against development having adverse environmental impacts, D22 Setting of Listed Buildings,
Dwyfor Area Local Plan E9 Sites of Nature Conservation Importance, sites of geological interest and protected species, E13 Protecting agricultural land, E17 Ancient and Semi-Ancient Woodlands E18 Broadleaved trees,E25 Development in close proximity to Listed Buildings or historical buildings, E27 Scheduled Ancient Monuments, E28 Archaeological sites, E30The negative impacts of the proposal will have to be weighed against its benefits F3 New road development , F5 Highway improvements , F6 Improving second and third class roads

PPW also says that Call-In will be applied where planning decisions

 1. could have wide effects beyond their immediate locality;
It has been pointed out that nodding this application through will damage the Assembly's credibility in respect of supporting its policies. The Assembly has nothing to lose by a public hearing, establishing the best way forward, with the conclusions of which everyone would have to be satisfied.

 2. may give rise to substantial controversy beyond the immediate locality;

 This application has already given rise to substantial controversy, in the national press and radio and in the international literary world, beyond the immediate area, by virtue of the association with R S Thomas, one of Wales’ most notable poets of the 20th century

 It has already given rise to substantial controversy as part of the proposed route requires the compulsory purchase of inalienable land owned by the National Trust

 3. are likely significantly to affect sites of scientific, nature conservation or historic interest or areas of landscape importance;

 The Assembly's policy is that inappropriate development in statutorily designated areas such as Areas of Outstanding Natural Beauty . A planning application that involves the breaches of policy of which you have been notified can hardly be called appropriate.
 The Assembly's primary objective for designating AONBs is their conservation and enhancement of their natural beauty. UDP policies and development control decisions affecting AONBs should "favour conservation of natural beauty, although it will also be appropriate to have regard to the economic and social well-being of the areas. Local authorities, other public bodies and other relevant authorities have a statutory duty to have regard to AONB purposes." In this case complete disregard for the AONB has been shown.

Listed Buildings
The Assembly requires that applications for listed building consent which Cadw advise would adversely affect the preservation of a building or its setting or any features of special architectural or historic interest it possesses are inappropriate .If Cadw have not advised that the planning application adversely affects the setting of Plas Yn Rhiw and Sarn Y Plas I believe this in itself merits enquiry.

The Assembly's Policy in respect of Listed buildings requires that

 Where a development proposal affects a listed building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses

No regard has been taken to preserve settings in this case. Indeed the setting of Sarn Y Plas with all its cultural and historic character will be irreparably damaged.

 The Assembly Government has objectives in this field are to preserve and enhance the historic environment, recognising its contribution to economic vitality and culture, civic pride and the quality of life, and its importance as a resource for future generations; and specifically to ensure that the character of historic buildings is safeguarded .

In this case we are faced with the degradation of a field, wood and garden that is central to the cultural and literary heritage of Lleyn. Gwynedd CC appears totally ignorant of the historical significance of both the Grade II listed building that is Sarn Y Plas and its setting by virtue of being the home of R.S.Thomas and M.E.Eldridge, among the foremost artists of 20th Century Wales

The Assembly has prepared a non-statutory ‘Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales’ It requires Local Authorities to

 set out the factors relating to the historic environment to be taken into account in assessing planning applications
I see no evidence of this in the case of Gwynedd CC's application and it is clear that The National Trust Property of Plas Yn Rhiw, which is on the register will be degraded.

Clogwyni Pen Llyn SAC and The Heritage Coast

The Assembly requires that Planning Authorities

 ensure that statutorily designated sites are properly protected
and that
 The Assembly, on the advice of CCW, will normally call in, for its own determination, planning applications which are likely to have a significant effect on sites of more than local importance, for example, SSSIs, SPAs, candidate or designated SACs

While the Clogwyni Pen Llyn Natura 2000 site is not directly affected, the proposed planning application will cause degradation and irreparable damage within 100 metres of the SAC. The EU Publication Managing Natura 2000 Sites makes it quite clear that under such circumstances development should be appraised with regard to its effect on the SAC. As the contingent microclimate and habitats of the SAC and the adjacent land will be degraded if this application is approved this should clearly be reconsidered by CCW let alone the Assembly.

Biodiversity
The Assembly Government’s objectives for the conservation and improvement of the natural heritage are to:
 promote the conservation of landscape and biodiversity, in particular the conservation of native wildlife and habitats;
 The UK Biodiversity Action Plan (UKBAP) includes objectives to conserve, and, where practicable, enhance:
 the quality and range of wildlife habitats and ecosystems;
 the overall populations and natural ranges of native species; ;
 species, habitats and natural and managed ecosystems characteristic of local areas; and
 the biodiversity of natural and semi-natural habitats where this has been diminished over recent decades.

This application is contrary to these objectives