As you all know life has been completely overtaken by this idiotic planning application from Gwynedd CC to build the road in RS's garden and the National Trust property Plas Yn Rhiw
We have all written letters of opposition
However.....look what we have here......the report of the Dwyfor Planning Director Gruffyfdd Morris..........in which
he makes more serious criticisms of Gwynedd CCs application than most of us have done. His criticisms put the National Trust's weak response into context too. You probably do not want to read it all but in essence it says:
The application breaches a whole raft of local, county and national planning policies
The scheme is unjustifiable and indefensible
The Environmental Impact Assessment is incompetent
He comes within a whisker of accusing Gwynedd CC of lying......misleading info, incorrect info, serious errors of omission, bias in favor a one route!!!
Anyway now we are having fun looking for dormice...which used to be there...which would put real spanner in the works as they are EU protected species..

Planning Aplication – C02D/0382/30/R3
Proposed Road Development at Rhiw


Observations on Policy Matters and on the contents of the
Environmental Statement


1. Background


Rhiw is situated:


Within an Area of Outstanding Natural Beauty on the Ll*n
Peninsula
Within the Heritage Coast area;
Within an area that is included on the National Register of
Historic Landscapes, Parks and Gardens;
Within an area that is full of historical building remains,
i.e. archeological remains and listed buidings ;
Within an area that has a number of designations of nature
conservation both statutory and non-statutory.



The site of the proposed road development is extremely
sensitive from both a landscape and nature conservation point
of view


The proposed road has some effect on all of the above, but the
main effect of the road alignment will be on the ancient
woodland below Plas yn Rhiw. This woodland has been included
on the Inventory of Ancient Woodlands produced by the Nature
Conservancy Council (now Countryside Council for Wales). This
means that a woodland has been on the site since at least
1600AD. Ancient Woodlands are vital to nature conservation and
genetic biodiversity in Britain as they contain an unique
community of plants, birds and animals. It is also noted that
the woodland is included on the Council’s register of Wildlife
Sites (also known as Sites of Local Nature Conservation
Interest). The woodland effected by the proposed development
at Rhiw is about 5ha in size, which is substantial and
important to the open landscape of the Ll*n Peninsula. It is
estimated that only 900ha of broadleaf woodland remain on the
Ll*n Peninsula (less than 2% of the area of Ll*n). These
woodlands are confined mainly to the more steep slopes on
estate lands. Woodlands are extremely rare in the west of
Ll*n, where there is intensive farming, and the woodland at
Rhiw is one of the most westerly example of broadleaf woodland
habitat in north Wales.


The woodland at Rhiw is the type of habitat that is quite
uncommon in Gwynedd in that is dominated by ash. It is
estimated that only between 150 – 350 ha of this type of
woodland exists in Gwynedd and very rarely does it grow over
igneous rock. It can be seen therefore, that this woodland
accounts for about 2% of this type of woodland in Gwynedd.


Because of its importance the “Ash Woodlands” habitat has been
listed in the Biodiversity Action Plan (BAP) of the United
Kingdom and also the Wales BAP as well as the Local BAP for
Gwynedd (draft version). The BAP habitat and species were
chosen because of their importance at a European level and the
British Government and the National Assembly for Wales have a
duty to protect them. An undertaking to do so was given at the
Rio Summit and more recently through the Countryside and
Rights of Way Act 2000 (“CROW Act”).


Part of the woodland is owned by the National Trust and is
managed carefully by them. A number of semi-formal paths have
been created through the woodland and young trees planted.
Some of these paths would be lost if the road is built through
the woodland.


2. Planning Policy Context


Section 54A of the 1990 Act insists that, where regard must be
given to the development plan in deciding under the Planning
Laws, that the decision be taken in accordance with the plan
“unless relevant considerations note otherwise”. In the
context of this development the ‘development plans’ are:


Gwynedd Structure Plan (GSP)
Dwyfor Local Plan (DLP)


In addition to the above attention must be paid to the
Planning Policy Wales March 2002 document. This document
lays out national guidance on planning matters. Any
appropriate information contained in Planning Policy Wales
therefore should be dealt with as relevant planning
considerations.



In relation to the proposed development the main policy
consideration will be the effect of the proposed road
alignment on:


The Area of Outstanding Natural Beauty and Heritage Coast of
the Ll*n Peninsula
Special Historical Landscape
Listed Buildings
Ancient Woodland
Important local nature conservation sites and species
typical of the area.


Area of Outstanding Natural Beauty



It is noted in paragraph 5.3.6 of the Planning Policy Wales
that “National Parks and AONBs are of equal status in terms
of landscape and scenic beauty and both must be afforded the
highest status of protection inappropriate development……UDP
policies and development control desicions should give great
weight to conserving and enhancing the natural beauty,
wildlife and cultural heritage of these areas”.



Planning Policy Wales notes the need to favour natural
beauty conservation by paying attention to the economic and
social benefit of the areas (paragraph 5.3.7). The status of
Areas of Outstanding Natural Beauty is stressed i.e. Areas
of Outstanding Natural Beauty have the same status as
National Parks, and planning authorities and others have a
statutory duty to respect the nature of Areas of Outstanding
Natural Beauty (paragraphs 7.6.1 and 7.6.3 of Planning
Policy Wales).



Policy D1 of the Gwynedd Structure Plan reflects the
national aims by noting the need to protect and improve the
environment of the area, paying particular attention to the
exceptional quality of the Ll*n Area of Outstanding Natural
Beauty. The need to “minimise any adverse impact on the
environment” is stressed in Policy D4 of the Gwynedd
Structure Plan.



In addition, Policy E1 of the Dwyfor Local Plan on the Area
of Outstanding Natural Beauty states that “ In the Area of
Outstanding Natural Beauty, as shown on the proposals map,
which is of national importance, conservation of the
landscape will be the primary planning consideration. Any
proposal that will unacceptably adversely affect the
appearance and character of this landscape will not be
approved. Any development permitted will be required to be
of the highest standard of design and use materials
apprporiate to the area”.



Paragraph 8.3.2 of the justification to the policy states:
“AONBs are landscapes of national importance and major
development is generally held to be inconsistent with the
conservation of these landscapes. However, national interest
and the lack of alternative sites might justify an
exception”. The Committee must decide if the proposed
development meets the strict requirements that would justify
an exception.



“Natural beauty” usually corresponds with panoramic beauty
or the character of the landscape. Its statutory definition
also makes it clear that it includes plants, fauna and
geographical features. The proposed line involves cutting
across woodland that is rich in mature broadleaf trees. This
woodland is very exposed in the landscape and as this part
of the coastline can be seen from many directions it is
therefore important to the beauty of the Ll*n Peninsula and
is an important part of the character of the landscape. Its
importance to the character of the landscape was noted in
the LANDMAP study.



The result of the assessment forms the framework to be used
for introducing a Landscape Action and Management Programme
(LAMP). In refering to West Ll*n’s CAA it is noted, amongst
other things, that it is necessary to ensure that the level
and scale of the road is given detailed consideration,
especially in terms of boundary materials, width of verges
and landscape details. The Landscape Action and Management
Programme goes on to note a number of action plans. The LAMP
14 (high priority) and LAMP 15 (medium priority) are
relevant to this area. A copy of the proposals of the LAMP
14 and LAMP 15 are enclosed as an Appendix to this report.



Because of the nature of the landscape in this part of the
Area of Outstanding Natural Beauty it is impossible to avoid
the fact that cutting a new path through the landscape is
bound to have an adverse effect on it. The policy structure
both nationally and locally has no objections in principle
to substantial developments in Areas of Outstanding Natural
Beauty generally (see paragraph 8.3.2 of the Dwyfor Local
Plan) but the developments must comply with strict
conditions if they are to be allowed. The Committee must
consider if the proposed proposals do so.


Any mechanical work to create an new road alignment is sure to
have an adverse visual impact on this part of the Ll*n’s Area
of Outstanding Natural Beauty. However, in accordance with the
policy, there is no basic objection to building a new road so
long as it meets the following criteria:


That the development is of great national importance;
There are no other sites / roads available;
That a thorough environmental investigation has been carried
out and that all measures have been taken to alleviate
effects;



Whilst the argument for providing better road connections for
Rhiw inhabitants has already been accepted it is difficult to
argue that