swansea ldp examination statement of swansea council...other separate statements. the statement is...

1 | P a g e

Swansea LDP Examination

Statement of Swansea Council

Gypsy & Traveller Sites

Hearing Session 13: 15 March 2018

Published: 26 February 2018

2 | P a g e

Contents Contents .................................................................................................................................................. 2

1.0 Introduction .................................................................................................................................. 3

2.0 Procedural Matters ....................................................................................................................... 3

3.0 Gypsies, Travellers and Travelling Showpeople ........................................................................... 3

4.0 Houses in Multiple Occupation (HMOs) and student accommodation ..................................... 10

5.0 Specialist Housing (Policy H 10) .................................................................................................. 11

6.0 Ancillary Accommodation (Policy H 8)........................................................................................ 11

7.0 Any Other Matters ...................................................................................................................... 11

8 0 Proposed Matters Arising Changes (MACs) ................................................................................ 11

Appendices Appendix 1 Extract from 9 of the GTAA (2015) - Figure 7 Table of Estimated Need

Appendix 2 Copy of the Site Flood Consequences Assessment

Appendix 3: Certificates of Lawful Use for Site at Railway Terrace

Appendix 4: Indicative Layout at Railway Terrace

3 | P a g e

Swansea Local Development Plan 2010 – 2025

Examination Hearing Session 13:

Gypsy & Traveller Sites (Policies H 6 – H 7)

1.0 Introduction 1.1 This Statement has been produced by Swansea Council (hereafter ‘the

Council’) in order to respond fully to the detailed ‘Matters and Issues’ agendas produced by the Inspectors for the Swansea Local Development Plan (LDP) Examination.

1.2 The Statement relates to Hearing Session 13: Gypsy and Traveller Sites and

Specialist Housing. This statement deals exclusively with responses to the Gypsy & Traveller Policies (H 6 – H 7). The Council responses to the Inspectors’ matters and issues relating to Specialist Housing are set out in other separate statements. The statement is set out in accordance with the headings and sub-questions provided by the Inspectors. Any relevant potential ‘Matters Arsing Changes’ are clearly highlighted at the end of the Statement.

2.0 Procedural Matters 2.1 Any relevant procedural matters to be addressed will be identified by the

Inspectors, or relevant parties in attendance, at the appropriate hearing session.

3.0 Gypsies, Travellers and Travelling Showpeople a. Has an adequate assessment of the accommodation needs of Gypsies,

Travellers and Travelling Showpeople been undertaken to identify the requirement throughout the County over the plan period?

3.1 Yes – the Plan is based on an up to date and sound assessment1 of the

accommodation needs of Gypsies, Travellers and Travelling Showpeople undertaken in 2015 by the Council’s Housing & Public Protection Service. This Gypsy and Traveller Accommodation Assessment (GTAA) was conducted in accordance with the statutory Welsh Government (WG) guidance2 and was approved by WG. It superseded and updated the previous GTAA undertaken in 2013 to enable the Council to respond to the new statutory framework and WG guidance.

3.2 The GTAA provides an assessment of the accommodation requirements of

Gypsies and Travellers residing in or returning to the County for a 5 year period and the longer term period up to the end of the Plan (2025).

1 EB005 Gypsy & Traveller Accommodation Assessment 2015. City and County of Swansea. 2 Undertaking Gypsy and Traveller Accommodation Assessments 2015. Welsh Government.

4 | P a g e

Policy H 6

b. The evidence3 estimates that over the plan period there is an unmet need

for 29 residential pitches; 13 for Gypsies and Travellers, and 16 for Travelling Showpeople. Should this requirement be stated in policy H 6?

3.3 No – the Council does not consider it appropriate to refer within the policy to the

entire unmet need for 29 pitches over the Plan period (as set out in Appendix 1) for the following reasons.

3.4 Under Policy H 6 land is allocated off Pant Y Blawdd Road, Morriston to allow

for future expansion of the existing Ty Gwyn authorised Gypsy and Traveller site. The Policy supporting text sets out that the Plan makes provision for at least 7 new pitches for Gypsies and Irish Traveller families identified in the GTAA as currently living on the ‘tolerated’ site at Millstream Lane (Row F in Appendix 1). The allocated site identified by policy H 6 site is separate from the well-established Ty Gwyn site and has potential for expansion to accommodate newly arising need defined in the GTAA as “future residential demand” (Row N / O in Appendix 1). However, it is considered that the identified turnover in pitches on the established Ty Gwyn site (Row P in Appendix 1) will accommodate “the future residential demand” over the first 5 years of the Plan (Row N in Appendix 1).

3.5 It should be noted that Policy H 6 does not allocate land to meet the distinct

needs of Travelling Showpeople. The GTAA sets out that the 4WG Guidance recognises their needs are different to those of Gypsies and Travellers for example due to the specific design and management requirements relating to their businesses5. Therefore it is not appropriate to include their needs in Policy H 6. Further information on meeting the needs of Travelling Showpeople is provided in the Council response to question (f) below.

3.6 Specifying the entire unmet need for the Plan period in Policy H6 would make

the Plan inflexible in terms of taking into account changing circumstances e.g. the next update to the GTAA. The requirement and take-up of pitches will be closely monitored through the Annual Monitoring Report and the requirement for additional pitches in the latter part of the Plan period (post 2020) will be reviewed through the monitoring framework. The Council will work closely with WG to establish an effective monitoring framework.

c. Has a precautionary and sequential approach been taken to assessing

potential sites for accommodating identified needs? 3.7 On 19th November 2015, following a protracted site review process undertaken

by the Council to identify a Gypsy and Traveller site, the Council’s Cabinet resolved that the expansion of the existing authorised site at Ty Gwyn, Llansamlet should be explored. The site is in Council ownership and well

3 EB005 Gypsy & Traveller Accommodation Assessment 2015. City and County of Swansea 4 Undertaking Gypsy and Traveller Accommodation Assessments 2015. Welsh Government 5 Paragraph 3.29 of EB005 Gypsy & Traveller Accommodation Assessment 2015. City and County of Swansea

5 | P a g e

located in terms of access to services, highway access and public transport links. Whilst the site was assessed as being located in a C1 flood risk zone, it is significant that the allocation will facilitate the expansion of the existing Ty Gwyn site, and that the site is a re-landscaped previously developed site. Notwithstanding this, the Council recognises that the potential consequences of flooding for this type of development would need to be proven acceptable in-line with TAN 15. Further information on the FCA is provided in answer e) below.

d. Would the Pant y Blawdd Road allocation accommodate the required 29

pitches? What is the anticipated timescale for the site to be delivered? 3.8 No – as stated in answer b above, the allocation does not seek to

accommodate all of the 29 pitches. As stated in the Policy supporting text (para 2.5.41), it allocates land for at least 7 new pitches for Gypsies and Irish Traveller families identified in the GTAA as currently living on the ‘tolerated’ site with potential for expansion to accommodate any newly arising need over the Plan period. Independent consultants have undertaken an initial scoping of the capacity of the allocation and concluded that it can accommodate at least 7 pitches based on the size requirements set out in WG Guidance6.

3.9 The Council would seek to begin the delivery of the site promptly upon adoption

of the LDP. e. The Council has confirmed7 that the allocation is affected by a C1 flood

zone. As required by Technical Advice Note (TAN) 15 – Development and Flood Risk, has a Flood Consequence Assessment been undertaken to a sufficient level of detail to justify the proposed allocation? Having regard to any necessary mitigation, is the site deliverable?

3.10 Yes – a scoping Flood Consequences Assessment (FCA) has been prepared

by an independent consultant. The latest version of the report was submitted to the Council in September 2017. At the time of writing a final version of the report has not been approved through a formal Council procedure, however the draft final report is attached as Appendix 2 to this document to inform discussions at the Examination Hearing session.

3.11 The FCA has considered flood risk at the site from all water sources. The

outputs from the technical work highlight that flood risk from tidal source, groundwater and artificial sources is negligible within the area and that the proposed development is located within Flood Zone 3.

3.12 The FCA shows that there is a flood risk from surface water within part of the

site that will be exacerbated by the proposed development. However, the FCA concludes that the implementation of SuDS through permeable or semi-permeable paving alongside construction works will maintain surface water runoff to Greenfield runoff rates and minimise consequences on site and towards the surrounding area.

6 Paragraph 5.3.1 to 5.3.4 of the Swansea Gypsy and Traveller Project FCA Scoping Report 2017. Capita. 7 Additional Information – Flood Risk & Mitigation on Allocated Sites (December 2017) [ED006.5]

6 | P a g e

3.13 The site benefits from flood defences with a high standard of protection

following the significant investment by Natural Resources Wales in the recent Lower Swansea Valley Flood Risk Defence Scheme. However the FCA has highlighted there is flood risk from defence overtopping in a 0.1% annual chance event and from a breach of the existing defence. This is the same scenario as that which applies to the wider areas of Swansea Vale that are protected by this same flood defence.

3.14 An ESTRY-TUFLOW model has been developed in 2011 for NRW to develop

the flood defence scheme in the Lower Tawe Valley. This has been reused in this study to assess flood consequences within the proposed site. Flood events with 1% and 0.1% chance of occurring each year have been run; including a 1% annual chance + climate change (20% increase on peak flows) event. The model considered flood defences in place in the surrounding area. No flooding occurs within the extents of the proposed site for the 1% and 1%+CC scenario.

3.15 The flood defences provide a significant level of protection however, flooding

still occurs in the 0.1% flood event because of defence overtopping. In sub area 1a (see Figure 1), flood depths comprise between 0 and 2.5 meters while in sub-area 1b, flood depths are below 0.2m on the western side and between 1.3 and 2 meters on the eastern side. The hazard rating for the 0.1% event varies extremely within the sub-area 1b; between “Caution” (Shallow flood water or deep standing water) on the western side and “Extreme” (Dangerous for all) on the eastern side. It is predominantly “Extreme” within sub-area 1a describing as “Dangerous for all” from deep, fast flowing water that might result in fatalities due to hazard exposure.

7 | P a g e

Figure 1: Site Plan of Allocation H 6, identifying land parcels 1a and 1b

Source: FCA (2017)

8 | P a g e

3.16 TAN 15 Guidance states that “flood defences must be shown by the developers to be structurally adequate particularly under extreme overtopping conditions (i.e. that flood with a probability of occurrence of 0.1%). Defence overtopping in a 0.1% flood event annual chance scenario has been shown to induce an extreme hazard to people in part of the proposed site. It is however noted that a substantial part of the site receives water depths of less than 0.5m even in the 0.1% annual chance scenario. To overcome this, the FCA highlights that flood risk to the site could be outlined through the implementation of Flood Warning Alerts for the site. The alerts could be complimented by flood risk signage on the site and the establishment of safe evacuation procedures which could be implemented for the site if a significant flood event were to be predicted. Additionally, there is an opportunity to increase the height of the existing fluvial defences to provide an increased standard of protection or alternatively re-profile the site to increase the ground level above the current 1 in 1000 year flood depths (including compensatory flood storage). The wider area already benefits from the Multi Agency Protocol for flooding incidents at Lower Swansea Valley. The protocol aims to provide a framework of procedures that will alleviate residents, members of the public and businesses in the flood risk area, as far as it is practical, from the effects of a 0.1% AEP flood event caused by the overtopping of the Rivers Tawe, Nant-y Fendrod or Nant Bran.

3.17 The FCA concludes that, in-line with established guidance8, development within

the first few hundred metres of the flood defence should be avoided as the immediate proximity of the site to the defence would induce high velocities with significant damage to people and infrastructure. Development at this site would be at a similar risk of breaching to the flood defence as the adjacent Ty Gwyn established site.

f. The evidence9 confirms that the site at Railway Terrace, Gorseinon falls

wholly within a C2 flood zone and, whilst the site is occupied, it is classified as an Unauthorised Development. Notwithstanding the pending planning application, how does the LDP intend to meet the identified need arising in Swansea for pitches for Travelling Showpeople?

3.18 The Travelling Showpeople site at Railway Terrace has been established for

many years. Its occupants were identified as in need by the GTAA (Row G in Appendix 1) because their lease on the land from the Council had expired and their most recent temporary planning consent had expired meaning that at the base date of the GTAA they were defined as living in an unauthorised development. The GTAA established that the site had been occupied for over 20 years and the occupants wished to remain residing on the land.

3.19 Since the publication of the Deposit Plan, the Council has agreed a longterm

lease with the Travelling Showpeople residing at Railway Terrace allowing storage of HGV and fairground rides and ancillary equipment along with the parking of associated commercial and domestic vehicles and the siting of residential caravan units. Furthermore, notwithstanding the planning

8 FD2320 Flood Risk Assessment Guidance for New Development Phase 2 Framework and Guidance for Assessing and Managing Flood Risk for New Development – Full Documentation and Tools 9 Ibid

9 | P a g e

application submitted in 201510, the Council has resolved that the vast majority of the site benefitted in any event from an extant planning permission dating from 199311. Only two small areas of the site were not covered by the aforementioned planning consent, however the Planning Authority is satisfied having regard to the evidence that these areas have been in use as Winter Quarters for more than 10 years. Having regard to these matters, the Council has issued Certificates of Lawful Use, which are attached to this statement as Appendix 4.

3.20 The Council can therefore confirm the site is no longer an unauthorised

development as stated in the GTAA. An analysis of the site capacity has been undertaken using the example Travelling Showpeople site layout in the WG Guidance12 as a basis for an indicative site design. This is included at Appendix 4 and illustrates that 16 residential units could be accommodated on the land with further areas for storage of equipment and recreation. This would cover the quantified requirement in the GTAA for 16 Travelling Showpeople pitches.

g. If the sites would not accommodate the identified need, how, when and

where would the deficit number of pitches be provided? 3.21 The above answers have established that, subject to the FCA being deemed

satisfactory for the allocation under Policy H 6, this site would be sufficient to accommodate the need for 7 pitches emanating from the identified Gypsy and Traveller unauthorised encampment with potential for some expansion to cater for newly arising need future residential demand, though pitch turnover on the established Ty Gwyn site (6) would evidently be sufficient to accommodate the newly arising need future residential demand estimated over the first 5 years of the GTAA period. The needs of Travelling Showpeople (16) can be met by the site at Railway Terrace.

3.22 As confirmed in the LDP Policy H 6 supporting text, in accordance with the

Housing (Wales) Act 2014, the Council will undertake a new GTAA every five years. The requirement and take-up of pitches will be closely monitored through the Annual Monitoring Report (AMR). Therefore the requirement for additional pitches in the latter part of the Plan period (beyond the initial 5 year period of the GTAA) will be monitored and reviewed through the AMR. The Council will work with WG to establish an effective monitoring position.

Policy H 7

h. Are the assessment criteria consistent with WAG Circular 30/2007

‘Planning for Gypsy and Traveller Caravan Sites’? Specifically: i. Criteria (i) and (b) require applicants to prove an unmet need for

proposals. Irrespective of the site’s location in relation to settlement

10 2018/0378/ELD and 2018/0379/ELD 11 LV/92/0418/11 12 Designing Gypsy and Traveller Sites. Welsh Government.

10 | P a g e

boundaries, is this justified and consistent with WAG Circular 30/2007 Annex B? Would the proposed changes via NSA5013 resolve this?

3.23 The Council has acknowledged in its responses to the Deposit consultation that

the text concerned does not account for potential movement between Local Authority Areas and therefore has proposed to delete criteria i and b amend the relevant supporting text14. The Council proposes that the MACs put forward at the end of this document for consideration at the appropriate hearing session will resolve this concern.

ii. Should the wording in the second part of the policy reflect that included

in para 2.5.51 of the supporting text – i.e. to apply to “proposals outside and immediately adjacent to settlement boundaries”?

3.24 Yes – the Council agrees with this amendment to ensure consistency and

clarity. A MAC is proposed at the end of this document for consideration at the appropriate hearing session.

iii. Is the requirement in criterion (v) to have 'no detrimental impact' on

surrounding uses reasonable? Would the proposed changes via NSA51 rectify this?

3.25 The Council proposes to amend criteria v and relevant supporting text to

ensure it is consistent with other policy terminology in the Plan and so that it is clarified that the adverse impact would need to be significant to fail the policy criteria, which is considered by the Council to be reasonable15. A MAC is proposed at the end of this document for consideration at the appropriate hearing session.

4.0 Houses in Multiple Occupation (HMOs) and student accommodation

4.1 The Council responses to the Inspectors’ matters and Issues relating to HMOs and student accommodation, which will also be discussed at Hearing Session 13, are set out in a separate statement.

13 LDP20 - Schedule of Non-Substantive Amendments to LDP (July 2017) 14 NSA 50 in LDP20 - Schedule of Non-Substantive Amendments to LDP (July 2017) 15 NSA 50 in LDP20 - Schedule of Non-Substantive Amendments to LDP (July 2017)

11 | P a g e

5.0 Specialist Housing (Policy H 10)

5.1 The Council responses to the Inspectors’ matters and Issues relating to

Specialist Housing, which will also be discussed at Hearing Session 13, are set out in a separate statement.

6.0 Ancillary Accommodation (Policy H 8)

6.1 The Council responses to the Inspectors’ matters and Issues relating to Ancillary Accommodation, which will also be discussed at Hearing Session 13, are set out in a separate statement.

7.0 Any Other Matters

a. Does the LDP include an effective monitoring framework for tracking the

implementation of policies, with clear triggers for an expedited plan revision, if necessary?

7.1 The Council will work with Welsh Government to identify a comprehensive set

of monitoring indicators in line with the actions arising out of hearing sessions. 8 0 Proposed Matters Arising Changes (MACs) 8.1 The Council’s schedule of ‘Non-substantive amendments’16 to the Deposit Plan

included changes that relate to matters addressed in this response. The Council considers that these amendments should be considered at the appropriate hearing session, and therefore these amendments are included within the table of ‘Proposed Matters Arising Changes (MACs)’ below.

16 LDP20 - Schedule of Non-Substantive Amendments to LDP (July 2017)

12 | P a g e

Hearing Statement Question

Deposit LDP Section

Deposit Rep Ref

Proposed MAC Reason/Justification Origin of MAC

Hi Hii Hiii

Policy H7 and supporting text

45785 Amend Policy H 7 as follows: H 7: GYPSY AND TRAVELLER ACCOMMODATION Proposals for new Gypsy and Traveller sites, and extensions to existing authorised sites, will be permitted within settlement boundaries where:

i) There is a clearly identified unmet need in accordance with the most recently undertaken Gypsy and Traveller Accommodation Assessment;

i. Necessary physical, transport and social infrastructure is accessible or will be readily provided;

ii. The site is designed in accordance with appropriate Welsh Government Guidance and Circulars;

iii. The scale of the proposal is appropriate with regard to the site’s surroundings and setting;

iv. There would be no detrimental significant adverse impact on the appearance and character of the area, including the residential amenity of neighbouring occupiers or the operating conditions of existing businesses; and

v. In the case of a transit or touring site, it

To ensure compliance with Welsh Government Circular 30/2007, and consistency across the Plan

NSA 50 and this statement

http://swansea.jdi-consult.net/ldp/viewrepfull.php?repid=45785

13 | P a g e


Deposit LDP Section

Deposit Rep Ref


has good access to the primary highway network.

Proposals for a Gypsy and Traveller site, or the expansion of an existing authorised site, on land outside but and immediately adjacent to the settlement boundary will in exceptional circumstances be permitted where all of the above criteria are satisfactorily met and: a. The applicant has demonstrated that there are no suitable pitches available within existing authorised sites or land available within existing settlement limits; b. The proposal will meet an identified local need; and b c. The site represents a logical extension to the settlement boundary and there would be no loss of important recreational, amenity or natural heritage value Amend 2.5.48 as follows: 2.5.48 Proposals will need to demonstrate that they are of an appropriate standard and design to allow residents of the site to have access to basic facilities and live in safe, cohesive and sustainable communities. The development must not have a detrimental significant

14 | P a g e


Deposit LDP Section

Deposit Rep Ref


adverse impact on the amenity, appearance, character and environment of the area or neighbouring occupiers. Proposals must not be of a scale that would be inappropriate at that location or dominate the nearest settled community. Where business uses are proposed, the site will be required to be able to accommodate home-based business uses without detracting from the amenity, appearance, character and environment of the area or neighbouring occupiers. This may include the provision of adequate facilities and space for such activities. Amend paragraph 2.5.51:

Proposals outside and immediately adjacent to the identified settlement limits will only be permitted in exceptional cases. There must be an unmet need identified in the latest GTAA that demonstrates the proposal is needed at that location. This may include an identified need to expand an existing authorised site due to newly arising need from within the families residing there, or a proven need to accommodate extended family members or people with an employment connection.

15 | P a g e

Appendix 1 Extract from Page 29 of the GTAA (2015) - Figure 7 Table of Estimated Need

16 | P a g e

Appendix 2 Copy of the Site Flood Consequences Assessment

Commercial in Confidence

Swansea Gypsy and Traveller Project

Flood Consequences Assessment: LDP Deposit Plan Allocation - Land off Pant Y Blawdd Road, Morriston

Scoping Report September 2017

Quality Management

Job No CS/091654

Project Swansea Traveller Sites

Location Swansea

Title Swansea Traveller Sites

Document Ref 001

File reference

Date 21/09/2017

Prepared by 1

Audrey Despinasse

Checked by

Kevin Hemmings

Authorised by

Daniel Stansfield

Revision Status / History

Rev Date Issue / Purpose/ Comment

1 04/04/

2017

Draft for Swansea Council Comment

2 21/09/

2017

Final Report

Quality

Quality Management

Swansea Traveller Sites - Flood Consequences Assessment

Swansea Traveller Sites - Flood Consequences Assessment –

Issue / Revision 001

Audrey Despinasse

Signature (for file)

Kevin Hemmings


Daniel Stansfield


Status / History

Issue / Purpose/ Comment Prepared Checked

Draft for Swansea Council Comment AD KH

TP KH

Quality Management

– Scoping Report

Checked Authorised

DS

DS

Executive Summary

Contents 1. Executive Summary 5

2. Introduction 6 2.1 Scope of Assessment 6 2.2 Description of the site 6 2.3 Local geology 8 2.4 Soil classification 8

3. Policy and Guidance 9 3.1 Flood and Water Management Act, 2010 9 3.2 National Flood and Coastal Erosion Risk Management Strategy,

November 2011 10 3.3 National Planning Policy and Advice on Flood Risk 10 3.4 Swansea Local Development Plan, July 2016 11 3.5 Caravan Sites and the Control of Development Act, 1960 12 3.6 Relevant Gypsy and Traveller Planning Guidance 13 3.7 Swansea Local Flood Risk Management Strategy, February 2013 13 3.8 Western Wales River Basin District Flood Risk Management Plan,

December 2015 14 3.9 Ogmore to Tawe Catchment Flood Management Plan, 2010 15 3.10 City and County of Swansea Flood Risk Management Plan, 2015 16 3.11 Multi Agency Protocol for flooding incidents at Lower Swansea

Valley. SWLRF Community Level Multi-Agency Response Plan

(March 2014) 16 3.12 Strategic Flood Consequences Assessment (Stage 1: 2010) 17 3.13 Strategic Flood Consequences Assessment (Stage 2: 2012) 17 3.14 The SuDS Manual (C753), CIRIA (2015) 18 3.15 Welsh Government SuDs Guidance, December 2016 18 3.16 Climate change allowances 19

4. Sources of Flood Risk 20 4.1 Historical Flooding 20 4.2 Flood Risk from Rivers and Sea 20 4.3 Flood Risk from Groundwater 25 4.4 Flooding from Surface Water 25 4.5 Flooding from Artificial Sources 25 4.6 Residual Flood Risk 26 4.7 Flood Warning and Alerts 26

5. Development Planning Considerations 28 5.1 General Development Considerations 28 5.2 Justifying Location of Development 28 5.3 Proposed Design Plan 29 5.4 Fluvial Flood Risk Considerations 31 5.5 Surface Water Flood Risk Considerations 35 5.6 Other Flood Risk Considerations 35

6. Summary and Conclusions 36

7. Appendices 38

Executive Summary

Figures

Figure 1: Location map of proposed site 7 Figure 2: Historical flooding extents recorded in the vicinity of the site 22 Figure 3: Flood zones map showing flood risk from rivers and the sea 23 Figure 4: Flood defences present in the vicinity of the site and the area

benefiting from them 24 Figure 5: Flood warning and flood alerts areas recorded in the vicinity

of the site 27 Figure 6: Proposed design for pitches within sub-areas 1a and 1b 30 Figure 7: Maximum Depths provided by the model for a 0.1% flood

event 33 Figure 8: Maximum Depths provided by the model for a 1%flood event 34

Executive Summary

1. Executive Summary

Site Name Land off Pant Y Blawdd Road, Morriston

Location Pant Y Blawdd Road, Morriston

Client City and County of Swansea Council

Grid Reference SS6797/SS6798

Area (m2) 6,646 both sub-areas 1a and 1b

Current Use Concrete (1a) and Grassland (1b)

Natural Resource Wales

Flood Zone Classification

Flood Zone 2 and 3 across the entire site

TAN15 Development

Classification

Zone C1 within the entire site

History of Flooding Two historical flood records for site (before defences implemented).

Flood Defences Present along the western part of proposed site

Summary of Risks

Fluvial - High risk of flooding in the event of defences breach or

overtopping. Residual flood risk in excess of 1 in 100 year plus climate

change return period. Tidal - None

Artificial Sources- None

Groundwater- None

Surface Water- Low to High risk in minor part of the site.

Introduction

2. Introduction

2.1 Scope of Assessment 2.1.1 Capita have been commissioned by the City and County of Swansea Council (CCS) to

undertake a Flood Consequences Assessment of the land allocated for Gypsy and Traveller

accommodation in the Deposit Local Development Plan (LDP). The allocated land under

Policy H 6 of the Deposit Plan is located off Pant y Blawdd Road, Morriston.

2.1.2 The purpose of this scoping study is to provide a brief assessment of the flood risk to allow

CCS to make an informed decision about the development of the site. This report will

consider flood risk from all sources (fluvial, tidal, groundwater, surface water and artificial

sources), using the existing information available. Potential flood mitigation methods will be

assessed for viability in accordance with TAN15 Planning Guidance.

2.1.3 The Flood Risk Assessment will cover:

• Initial feasibility assessment using Natural Resources Wales (NRW) data.

• Identify policy updates and review of additional pertinent national, regional and local flood risk policy.

• Investigation of historic / known flood events.

• Review of flooding from all sources based on the NRW most up to date data available.

• Comparison of existing and proposed flood risk.

• Desktop assessment of climate change.

• Assessment of the development potential of the site.

• Preliminary assessment of the existing and potential proposed surface water drainage arrangements.

• Recommendations for suitability of SuDS.

2.1.4 The Assessment has been prepared in accordance with guidance provided by Technical

Advice Note 15: Development and Flood Risk (TAN15) (July 2004).

2.2 Description of the site

2.2.1 The site is located west of Llansamlet and the Swansea Enterprise Park, on the east bank of

the Tawe River. The exact location of the site can be seen in Figure 1. The site is divided

into two distinct sub areas:

• 1a located to the north, covers an area of 1,511m2. It is bounded by the Pant Y

Blawdd Rd to the west.

• 1b located south of 1a covers an area of 5,135m2. It is bounded by the Pant Y

Blawdd Rd to the east.

2.2.2 Currently the sub-area 1a is a concrete car-park, while the sub-area 1b is mainly grassland

and forms part of a wider area that was recently cleared, re-profiled and re-landscaped as

part of the Lower Swansea Valley Flood Risk Management scheme. It is adjacent to the

NCN route 43 cycle and walking route. Both sites are in Council ownership.

Introduction

Figure 1: Location map of proposed site

Introduction

2.3 Local geology

2.3.1 Geological data has been downloaded from the British Geological Survey Website 1for both

bedrock and superficial geology.

2.3.2 The site lays over the South Wales Upper Coal Measures Formation, widespread

throughout the South Wales Coalfield, from the Twyi estuary, west of Pembrey, east to the

Rhymney area on the north crop of the coalfield and to Risca on the south crop. The

formation is composed of grey coal bearing mudstones/siltstones with seatearths and minor

grey, quartz-rich sandstones, coals and ironstones.

2.3.3 Alluvial deposits sit over the bedrock formation and are composed of clay, silt and sand.

2.4 Soil classification

2.4.1 Soil characteristics across the proposed site have been found on the Cranfield University

Website, Soilscapes2.

2.4.2 The site is located at the limit between two soil types presenting different characteristics:

• The sub-area identified 1a is underlined by freely draining floodplain soils with a

loamy texture (mix of sand, silt and clay sized particles) in the upper 30 cm. Freely

draining soils absorb rainfall readily and allow it to drain through the underlying

layers.

• The sub-area identified 1b is however underlined by slowly permeable seasonally

wet acid loamy and clayey soils presenting a loamy and clayey texture. The

drainage is likely impeded and the effect can be severe with waterlogging results in

very wet ground conditions.

2.4.3 Impeded soil drainage possibly impacts part of site 1b and this should be considered if this

site is taken forward for development. This consideration should include that much of site 1B

has recently been the subject of re-landscaping, which could further amend drainage.

1 http://www.bgs.ac.uk/products/digitalmaps/dataInfo.html#_625 Viewed the 28

th February 2017

2 http://www.landis.org.uk/soilscapes/ Viewed the 28

th February

Policy and Guidance

3. Policy and Guidance

3.1 Flood and Water Management Act, 2010

3.1.1 Combined with the Flood Risk Regulations 2009, (which enact the EU Floods Directive in

England and Wales) the Act places significantly greater responsibility on Local Authorities to

manage and lead on local flooding issues. The Act and The Regulations together raise the

requirements and targets Local Authorities need to meet, including:

• Playing an active role leading Flood Risk Management;

• Development of Surface Water Management Plans (SWMP);

• Implementing requirements of Flood and Water Management legislation;

• Preparation of preliminary flood risk assessments and flood risk management plans;

• Development and implementation of drainage and flood management strategies;

and

• Responsibility for first approval, then adopting, management and maintenance of

Sustainable Urban Drainage System (SuDS).

3.1.2 The Flood and Water Management Act also clarifies three key areas that influence

development:

1. Sustainable drainage (SuDS) - the Act makes provision for a national standard to be

prepared on SuDS, and developers will be required to obtain local authority approval for

SuDS in accordance with the standards, likely with conditions. Supporting this, the Act

requires local authorities to adopt and maintain SuDS, removing any ongoing

responsibility for developers to maintain SuDS if they are designed and constructed

robustly.

2. Flood risk management structures - the Act enables the EA and local authorities to

designate structures such as flood defences or embankments owned by third parties for

protection if they affect flooding or coastal erosion. A developer or landowner will not be

able to alter, remove or replace a designated structure or feature without first obtaining

consent.

3. Permitted flooding of third party land - The EA and local authorities have the power

to carry out work which may cause flooding to third party land where the works are

deemed to be in the interest of nature conservation, the preservation of cultural heritage

or people’s enjoyment of the environment or of cultural heritage.

3.1.3 On 1st October 2012, the Welsh Government implemented Section 41 of the Flood and

Water Management Act 2010 in the operating area of Dwr Cymru Welsh Water. This

requires any developer who wishes to make a connection to the public sewer system, that

creates any sewers or lateral drains first to enter a Section 104 agreement with the Water

and Sewerage Company that will ensure that any sewers or lateral drains created by the

connection will be adopted by the Sewerage Undertaker.

Policy and Guidance

3.2 National Flood and Coastal Erosion Risk Management Strategy, November 2011

3.2.1 The Flood and Coastal Erosion Risk Management Strategy (FCERMS), developed under

the Flood and Water Management Act 2010, provides the national framework for flood and

coastal erosion risk management in Wales and sets out four objectives:

• Reducing the consequences for individuals, communities, businesses and the

environment from flooding and coastal erosion.

• Raising awareness of and engaging people in the response to flood and coastal

erosion risk.

• Providing an efficient and sustained response to flood and coastal erosion events.

• Prioritising investment in the most at risk communities.

3.2.2 A set of measures has been developed through the Strategy to address the above

objectives.

3.2.3 The Strategy identifies the Risk Management Authorities (RMAs) in Wales and the flood and

coastal erosion risk management functions they may exercise:

• Natural Resources Wales;

• 22 Lead Local Authorities;

• Three Internal Drainage Boards;

• Dwr CymruWelsh Water, Severn Trent Water and Scottish and Southern Water as

water and sewerage companies in Wales; and

• Albion water and Dee Valley water plc as water supply only companies in Wales.

3.3 National Planning Policy and Advice on Flood Risk

3.3.1 In determining an approach for the assessment of flood risk and consequences for the

proposed development there is a need to review the policy context. Welsh Assembly

Government Guidance advises that managing flooding makes an important contribution to

achieving sustainable development.

3.3.2 Planning Policy Wales, supported by TAN153, advises caution in respect of new

development in areas at high risk of flooding and sets out a precautionary framework to

guide planning decisions. The aim of the framework is to:

• Direct new development away from those areas which are at high risk of flooding;

and

• Only allow development in high risk areas (Zone C) where they can be justified on

the basis of the justification test (justification of development and acceptability of

flood consequences) outlined in TAN15.

3.3.3 Flood Risk should be considered at all stages throughout the planning and development

process to ensure that new development proposals in flood risk areas are justified and not

exposed to unacceptable flood consequences. TAN15 advises that:

3 http://gov.wales/docs/desh/publications/040701tan15en.pdf Viewed 27

th February 2017

Policy and Guidance

• The susceptibility of land to flooding is a material planning consideration;

• NRW has the lead role in providing advice to the planning authority on flood risk

issues;

• Development Plans should include site specific policies and proposals for

development and flood risk. Planning authorities should apply the Precautionary

Framework when allocating sites for development, seeking to direct new

development away from those areas at high flood risk, unless they can be justified

on sustainability grounds;

• The vulnerability of a proposed land use should be considered when assessing

flood consequences; and

• Developers are responsible for providing information to demonstrate that their

proposal satisfies the tests contained in TAN15. Furthermore, developers should

bear the costs of mitigation, construction and long term maintenance of flood

defence required for the proposed development.

3.3.4 Within TAN15 the operation of the precautionary framework is governed by:

• A development advice map which designates land into flood risk zones and which is

used to trigger the appropriate planning tests; and

• Definitions of vulnerable development and advice on permissible uses in relation to

the location of the development and the consequences of flooding.

3.3.5 As the proposed development is for a temporary site for travellers, TAN15 acknowledges

the high vulnerability to flooding. As such it specifies guidance in relation to the approval of

such sites for development:

• Caravan and camping site developments are permitted in Zone A where there is

minimal flooding, and Zone B where there has been historic flooding but none in

recent years; and

• Developments of this nature should be refused in Zone C2 (high flood risk areas

with no defence infrastructure), and only advised in Zone C1 (high flood risk areas

with defence infrastructure) following the application of the justification tests.

3.3.6 Upon the approval of such developments, TAN15 recommends the erection of suitable

warning notices to those occupying the site, and effective warning and evacuations are in

place. In addition to enforcement action if the warning notices/signs become out of date.

3.4 Swansea Local Development Plan, July 2016

3.4.1 There is an ongoing procedure from CCS for replacing the Unitary Development Plan (UDP)

by a Local Development Plan (LDP). At the time of writing this report, a Deposit Plan4 has

been produced for the period 2010-2025, in accordance with National Planning Policy and

Guidance.

3.4.2 The Plan aims to provide a clear planning framework to respond to population growth. Its

policies and proposals will address social, economic, environmental and cultural well-being

goals and ensure a sustainable development.

4 http://www.swansea.gov.uk/media/17120/Deposit-LDP---consultation-

document/pdf/Deposit_LDP_Consultation_-__FINAL_JULY_2016.pdf Viewed 27th

February 2017

Policy and Guidance

3.4.3 There is a current unmet need for 7 new pitches to accommodate Gypsies and Irish

Travellers identified in the Council’s draft Gypsy and Traveller Accommodation Assessment

(2015, GTAA) as living on an unauthorised ‘tolerated site’ in the County. An estimate has

also been made for newly arising Gypsy and Traveller households. This newly arising need

yields a total further requirement for 6 pitches up to 2020 and a further 6 in 2020-25 (though

it should be noted that this includes newly arising requirements for both Gypsies and Irish

Travellers and Travelling Showpeople who would be unlikely to live on the same site). The

Welsh Government GTAA Guidance allows tenancy churn on existing sites to be factored

into the supply. The GTAA identifies that 6 pitches would become available at the existing

Ty Gwyn site over the Plan period based on past trends which could accommodate newly

arising need. The allocated land in the Plan therefore makes provision for at least 7 new

pitches for Gypsies and Irish Traveller families identified in the GTAA as currently living on

the ‘tolerated’ site and it is anticipated it would satisfy most of the additional residual newly

arising need from Gypsies and Irish Travellers over the Plan period too.

3.4.4 The existing Ty Gwyn site and the allocated LDP site are located within Flood Zone C1, part

of the flood plain which is developed and served by significant infrastructure, including flood

defences. The Plan sets out that the allocated site satisfies the TAN 15 justification test.

Welsh Government (WG) and Natural Resources Wales comments on the Deposit Plan

have highlighted that a FCA needs to be undertaken to demonstrate the potential

consequences of a flooding event are acceptable in line with the requirements of TAN 15.

WG also sought clarification on the number of pitches that could be provided.

3.5 Caravan Sites and the Control of Development Act, 1960

3.5.1 As the proposed development is for a traveller site, the development falls under the

jurisdiction of the Caravan Sites and Control of Development Act, 19605. Under the Act,

CCS has the responsibility to provide sites where caravans maybe brought, whether for

holidays or other temporary purposes or use as permanent residences, and to manage the

sites or lease them to some other person.

3.5.2 In addition, the local authority (CCS) has the power to:

a. Acquire land which is in use as a caravan site, or which has been laid out

as a caravan site;

b. Provide for the use of those occupying the site any services or facilities for

their health or convenience; and

c. Provide, sites for the accommodation, working space and facilities for

gypsies.

5 http://www.legislation.gov.uk/ukpga/Eliz2/8-9/62 Viewed 28

th February 2017

Policy and Guidance

3.6 Relevant Gypsy and Traveller Planning Guidance

3.6.1 At the time of this FCA, Welsh Government was consulting on a new draft Circular: Planning

for Gypsy, Traveller and Show People Sites, providing updated guidance on the planning

aspects of identifying sustainable sites for Gypsies and Travellers. On adoption it is

proposed that this will replace advice contained in Circular 30/2007 “Planning for gypsy and

traveller caravan sites”, Circular 78/91 “Travelling Showpeople” and Circular 76/94 “Gypsy

Sites Policy and Unauthorised Camping”. The draft Circular sets out that issues of site

sustainability are important for the health and well being of Gypsy and Travellers and

consideration may include not locating sites in zone C2 risk of flooding and only considering

sites for location within zone C1 risk of flooding in line with guidance contained in TAN 15,

given the particular vulnerability of caravans.

3.7 Swansea Local Flood Risk Management Strategy, February 2013

3.7.1 Under the Flood and Water Management Act 2010, CCS, as the Lead Local Flood Authority

(LLFA), is responsible for developing a Local Flood Risk Management Strategy (LFRMS)6.

The purpose of the LFRMS is to address potential flood risk arising from local sources within

the boundaries of the Authority area and to ensure that communities are aware of the risks

that exist, and the responsibilities of the Council and other key Risk Management Authorities

(RMAs) in terms of flood risk and how local communities can be involved in the strategy.

3.7.2 CCS is the responsible body for managing flood risk from local sources, including surface

runoff, groundwater and ordinary watercourses but also wherever there is an interaction

between these sources and main rivers or the sea. As one of the Coastal Erosion RMA, it is

also responsible for managing coastal flooding and erosion risk.

3.7.3 The RMAs identified as working alongside CCS are:

• NRW are, responsible for managing flood risk from main rivers, reservoirs and the

sea. As one of the Coastal Erosion RMA, it has operational responsibilities in flood

and coastal erosion risk management;

• Dwr Cymru/Welsh Water, as a water and sewerage company, responsible for floods

from water and sewerage systems, burst pipes/water mains or system failures;

• Network Rail, as riparian landowners of culverts crossing and serving the railway

network, sharing information related to flood risk from these assets;

• The Rivers and Canal Trust, responsible for the canal network and the protection of

its structure (some being referenced as flood defences);

• The South Wales Trunk Road Agents, managing, maintaining and improving the

strategic road network (motorways); and

• CCS as the Highways Authority and therefore responsible for managing flood risk

on roads and highways.

3.7.4 The strategy sets out primary objectives to reduce flood risk to residents and businesses:

6 http://www.swansea.gov.uk/media/6783/Local-Flood-Risk-Management-

Strategy/pdf/Local_Flood_Risk_Management_Strategy_English1.pdf Viewed 27th

February 2017

Policy and Guidance

• To commit to the understanding of Flood and Coastal risks and to ensure that all

stakeholders understand their roles and responsibilities in relation to Flood and

Coastal risk management;

• To work together with other flood risk management Authorities to reduce flood risk,

using all available resources and funds in an integrated way and in so doing derive

overall benefit;

• To develop policies for effective land use and management and enhance

development control procedures. In order to prevent an increase in flood risk as a

result of development, avoiding development in flood risk areas and preventing

additional flow entering existing drainage systems and watercourses;

• To establish regular maintenance schedules for flood and coastal erosion risk

management assets;

• To raise awareness of and engage people in response to flood and coastal erosion

risk;

• To enhance property and community level of resilience;

• To take a sustainable and holistic approach to flood and coastal management,

seeking to deliver wider environmental and social benefits; and

• To prioritise investment in the most at risk communities.

3.8 Western Wales River Basin District Flood Risk Management Plan, December 2015

3.8.1 The Flood Risk Management Plan (FRMP)7 2015-2021 is produced by NRW every six years

to describe the sources and risks of flooding within the river basin district and catchment.

The FRMP also includes information on how the RMAs plan to work together with

communities and businesses to manage and reduce flood risk.

3.8.2 The Western Wales River Basin District FRMP identifies all sources of flood risk present in

the Western Wales River Basin District (Fluvial flooding - Tidal/Coastal flooding – Reservoirs

- Surface Water) but focuses on flooding from main rivers, reservoirs and the sea.

3.8.3 NRW divided the Western Wales River Basin District into nine Management Catchments to

plan work at a catchment scale. The studied site is located within the Tawe to Cadoxton

sub-area, described as rich and varied with both mountainous regions and lowland areas.

The River Tawe catchment is predominantly agricultural in the upper and middle reaches

with towns built around historic mining areas, adjacent to the main river. The second largest

city in Wales, Swansea, developed at the downstream extent of the catchment on heavy

industry.

7https://www.naturalresources.wales/media/1076/managing-the-risk-of-flooding-in-the-western-wales-river-basin-

district.pdf Viewed 27th February 2017

Policy and Guidance

3.8.4 Historical flooding affecting the catchment occurred in December 1979, October 1998,

October 2000, December 2012 and January 2014. The Tawe experienced significant

flooding in 1979 and estimates suggest the event was between a 1 in 75 to 1 in 100-year

flood event. The 2014 event was a significant coastal flood event resulting in flood defences

being overtopped in Swansea Bay. The FRMP8 states the Llansamlet Community Area as

the area at the highest risk in the Tawe Valley with the Swansea Enterprise Zone densely

populated. Flood risk is coming from fluvial flooding from the River Tawe and the Nant

Fendrod. Another key community at risk of flooding from main river and sea flooding is also

noted as Swansea Community. Measures to reduce flood risk within both areas are:

• To improve existing flood warning service;

• To undertake initial assessment and feasibility work for reducing flood risk; and

• To build hydraulic model.

3.8.5 In addition to this FRMP, CCS also produced another FRMP with regards to local flood risk

within the area identified as an Indicative Flood Risk Area through the Preliminary Flood

Risk Assessment.

3.9 Ogmore to Tawe Catchment Flood Management Plan, 2010

3.9.1 Catchment Flood Management Plans (CFMPs) establish long term policies in order to

manage flood risk in a sustainable way with their designated areas. They are used to inform

planning and decision making by the different key stakeholders.

3.9.2 The CPMP9 identifies the following sources of flooding within the designated area:

• River Flooding;

• Tidally influenced river Flooding;

• Surface Water Flooding;

• Sewer Flooding; and

• Groundwater Flooding.

3.9.3 This Ogmore to Tawe CFMP is divided into 12 sub-areas, which have similar physical

characteristics, sources of flooding and level of risk. The most appropriate approaches to

manage flood risk for each of the sub-areas has been considered and one of six generic

flood risk management policies has been allocated. The site is located within the Lower

Tawe sub-area which has been assigned Policy Option 5¹. This policy is applied to areas of

moderate to high flood risk where further action can generally be taken to reduce flood risk.

3.9.4 The plan identifies a complementary set of management actions within the designated sub-

area:

• To emphasize actions to manage the consequences of flooding;

• To increase community and individual awareness of flood risks and encourage

people to take actions to help themselves;

8 https://www.naturalresources.wales/media/1076/managing-the-risk-of-flooding-in-the-western-wales-river-basin-

district.pdf Viewed 27th February 2017

9https://www.npt.gov.uk/ldpexamination/SWW04%20Ogmore%20to%20Tawe%20CFMP%20(EA%20Wales%202

010).pdf Viewed 28th

February 2017

Policy and Guidance

• To encourage and support partners in the development of local long term plans to

manage all sources of flooding; and

• To encourage and support partners in studies aiming to identify flooding issues from

surface water and sewers.

3.10 City and County of Swansea Flood Risk Management Plan, 2015

3.10.1 Under the Flood Risk Regulations 2009, CCS is required to prepare a FRMP10

for local

sources of flooding. The Plan sets out objectives and a series of measures to address and

reduce flood risk during the 6 -year period before the plan is reviewed.

3.10.2 The FRMP covers flooding from surface water, groundwater, ordinary watercourse and the

interface with main river flooding

3.10.3 It takes forward the objectives set out in the LFRMS as well as the ones defined in the

Welsh Government’s National FCERM.

3.10.4 CCS has been divided into 36 Community areas within the FRMP. The Community Area of

Llansamlet is prone to low through to an isolated high risk from surface water flooding. The

plan also states the main cause of flood risk within the area as being from ordinary

watercourses and the intakes to existing surface water culverts. In addition to wide

measures set out in the FRMS, the following measures are defined specifically to the given

area:

• Flood Asset Inspection at 3 locations (Birchgrove Road intakes; Gwernllwynchwyth

Road and Winch wen industrial estate); and

• Investigation of accumulations of Surface Water at 5 locations (Parc yr helig; Peniel

Green Road; Trallwn Playing fields; Frederick place and Heol Dulais).

3.10.5 River Bran and Fendrod which transverse through the centre of the community are

susceptible to high flood risk.

3.11 Multi Agency Protocol for flooding incidents at Lower Swansea Valley. SWLRF Community Level Multi-Agency Response Plan (March 2014)

3.11.1 The protocol aims to provide a framework of procedures that will alleviate residents,

members of the public and businesses in the flood risk area, as far as it is practical, from the

effects of a 0.1%AEP flood event caused by the overtopping of the Rivers Tawe, Nant-y-

Fendrod or Nant Bran. It sets out evacuation procedures which are split into three

categories and clarifies the roles and responsibilities of the responding agencies through the

provision of a framework that can be expanded upon by the responding organisations to

depict their own operational responses within their organisation. The rationale behind this

response is that it is not rigid and must be adapted as conditions and circumstances

determine at the time.

10

http://www.swansea.gov.uk/media/14992/Flood-Risk-Management-Plan-

2015/pdf/Flood_Risk_Management_Plan_2015_English_Version.pdf Viewed 27th February 2017

Policy and Guidance

3.11.2 The protocol is intended to be utilised as a co-ordinating document at the local level, in

conjunction with:

• The emergency response plans of all the responding agencies involved.

• The Communications Strategy for the Lower Swansea Valley Flood Risk

Management Project.

• City & County of Swansea Flood Plan, City & County of Swansea Major Emergency

Plan and South Wales Local Resilience Forum Flood Arrangement.

3.11.3 The activation of the protocol is underpinned by Natural Resources’ Wales flood warning

structure. The area considered to be ‘at risk’ is, therefore, divided into sub areas that

distinguish between the flood risk associated with the Nant-y-Fendrod and Nant Bran

watercourses and the River Tawe, and each will receive the four-stage flood warning

service.

3.12 Strategic Flood Consequences Assessment (Stage 1: 2010) 3.12.1 The Council has previously commissioned an overarching Strategic FCA for the County to

inform the allocation of land in the LDP. The Stage 1 desk based study utilises information

from a number of stakeholders to understand potential flood risk across the study area. It

identifies areas at potential high risk and provides details of historical records of flooding,

flood risk structures and procedures in place in the area.

3.12.2 This aims to present sufficient evidence to apply the justification test of TAN15 to proposed

development sites.

3.12.3 Initial assessment of flood sources within the City and Council of Swansea indicates flood

risk to be mainly fluvial or tidal. Flood risk from groundwater is considered minimal.

3.12.4 The most significant areas of Flood Zones 2 and 3 are associated with large watercourses

namely the Tawe River; this includes Morriston, Llansamlet, and central Swansea.

Significant flood events occurred in 1979-80, 1998, 2003 and 2008.

3.12.5 The report also states that significant areas potentially susceptible to surface water flooding

are present in the Tawe corridor such as Morriston and Llansamlet.

3.12.6 This report has been written prior to implementation of the current flood defences. In general

terms, fluvial defences and structures are present in and around the City of Swansea and

the towns of Clydach, Glais and Pontarddulais. At the time of the report, fluvial defences

within the study area typically consisted of formal raised man-made flood defences, in the

form of a number of short reaches of walls or raised banks.

3.12.7 The implementation of SuDS within the study area should be consider as the preferred

option to manage flood risk from surface water and drainage.

3.13 Strategic Flood Consequences Assessment (Stage 2: 2012)

3.13.1 Stage 2 of the Strategic Flood Consequences Assessment continues the application of the

justification test to ensure that proposed development is steered towards the lowest possible

flood risk zone.

Policy and Guidance

3.13.2 Candidate Sites in the Swansea Vale area are predominantly located within DAM Zone C

and Flood Zone 2/3. Possible development should be sequentially located to areas of low

flood risk first.

3.13.3 The report advises that where Candidate Sites in these higher risk flood zones are

progressed, the scope of a site-specific FCA or Stage SFCA should consider the effect of

climate change on peak river flows and the future design standard of existing/proposed flood

defences. A 1D-2D Estry Tuflow fluvial model has been developed in December 2011 for

the River Tawe for NRW which includes a wide range of return periods for both defended

and undefended scenarios. Thus, the use of this model should be considered for future work

and liaison with NRW should be undertaken.

3.13.4 All proposed development should consider the incorporation of SuDS at an early stage to

ensure flood risk to third parties is not increased. An allowance for climate change should

also be included when sizing SuDS schemes for storm water management.

3.14 The SuDS Manual (C753), CIRIA (2015)

3.14.1 This guidance provides best practice on planning, design, construction, operation and

maintenance of Sustainable Drainage Systems (SuDS) to facilitate their effective

implementation within both new and existing developments.

3.14.2 The guidance supersedes the original SuDS Manual of 2007. It updates the extensive

technical information and includes new guidance on SuDS components and the delivery of

SuDS in a variety of situations. The publication is the result of CIRIA Research project

(RP)992.

3.14.3 The information presented is a compendium of good practise, based on existing guidance

and research both in the UK and internationally, and the practical experience of the authors.

As well as providing a framework for designing SuDS with confidence to maximise benefits,

it highlights that through engagement and collaboration, SuDS can be integrated into the

design of urban areas to create high quality places for future generations. It provides

guidance on:

• Maximising amenity and biodiversity benefits

• Delivering the key objectives of managing flood risk and water quality

• Advice on materials, landscape design and maintenance

• Community engagement, costs and benefits.

3.15 Welsh Government SuDs Guidance, December 2016

3.15.1 In December 2016, the Welsh government published a series of standards for the design of

SuDs in proposed developments11

. They had defined a series of principles to underlie the

design of SuDs, these are defined below:

• To manage water on or close to the surface and as close to the source of runoff as

possible;

• Treat rainfall as a valuable natural resource;

11

http://gov.wales/docs/desh/publications/151230-suds-standards-en.pdf. Viewed 4th January 2017

Policy and Guidance

• Ensure that pollution is prevented at source, rather than relying on the drainage

system to treat or intercept it;

• Manage rainfall to help protect people from increased flood risk, and the

environment from morphological and associated ecological damage resulting from

changes in flow rates, patterns and sediment movement caused by development;

• Take account of likely future pressures on flood risk, the environment and water

resources such as climate change and urban creep;

• Use the “SuDs Management Train”, using drainage components in a series across a

site to achieve a robust surface water management system (rather than using a

single “end of pipe” feature, such as a pond, to serve the whole development);

• Maximise the delivery of benefits for amenity and biodiversity;

• Seek to make the best use of available land through multifunctional usage of public

spaces and the public realm;

• Perform safely, reliably and effectively over the design life of the development taking

into account the need for reasonable levels of maintenance;

• Avoid the need for pumping where possible; and

• Be affordable, taking into account both construction and long term maintenance

costs and the additional environmental and social benefits afforded the system.

3.16 Climate change allowances

3.16.1 In June 2009 the UK Climate Impact Programme (UKCIP09) released new guidance with

respect to climate change predictions (superseding UKCIP02). The predictions have moved

from a deterministic approach (i.e. one range of outcomes) to a probabilistic approach (i.e. a

range of possible outcomes based on a range of climate change scenarios).

3.16.2 The UKCIP09 predicts that, by the 2050s, temperatures across Wales could rise by between

2.0 and 2.5°C. Annual average rainfall is expected to remain the same, but there is some

difference expected in the seasonal variations of the storm events with winter rainfall

expected to be more intense, but short-lived, rainfall events and summer rainfall may

decrease with more frequent short term droughts.

3.16.3 The sea level along the Welsh coast is expected to rise and result in more severe coastal

erosion and inundation in low lying coastal areas.

3.16.4 The Welsh Government developed a Guidance on Climate Change Allowances for Planning

purposes in August 201612

. This Guidance sets out how projected increases to peak river

flows and sea levels, resulting from climate change, should be incorporated into FCAs

accompanying planning applications.

3.16.5 The Guidance recommends to use the central estimate for the 2080s time-horizon to assess

the potential impact of climate change as part of the FCA. In the Western Wales river basin

district, the corresponding projected peak river flow is expected to raise by 30%. The upper

and lower estimates for the total potential change anticipated by the 2080s are respectively

+ 75% and +15%.

12

http://gov.wales/docs/desh/publications/160831guidance-for-flood-consequence-assessments-climate-change-

allowances-en.pdf. Viewed 12th may 2017

Sources of Flood Risk

4. Sources of Flood Risk

4.1 Historical Flooding

4.1.1 This part of the river frontage was a low spot in the flood defences prior to the Lower

Swansea Valley Scheme. While the adjacent existing Gypsy and Traveller site is known to

have flooded in the 1990s, only one flooding event has been recorded within the extents of

the site being analysed in this report. It occurred in December 1979 as a consequence of

fluvial flooding from the River Tawe, exceeding its channel capacity. Both sub-areas were

impacted although not on their eastern side. Another fluvial flood event occurring in October

1967, is recorded in the vicinity of the site, however no records of inundation of the site itself

are available. Both events occurred before flood defences were in place. The 1967 event

could not be attributed with a return period and estimates suggest the 1979 event was

between a 1 in 75 to 1 in 100-year return period. Extents of these events are shown on

Figure 2.

4.1.2 No flooding from tidal sources has been recorded within the sites or their vicinity.

4.2 Flood Risk from Rivers and Sea

4.2.1 The risk of flooding from rivers and the sea has been assessed through the NRW flood

maps.

4.2.2 The site is adjacent to the River Tawe and lays entirely within Flood Zone 3. This represents

the area with a 1% or greater probability of fluvial flooding or a 0.5% or greater probability of

flooding from the sea, each year. Extents of flood zones are shown in Figure 3.

4.2.3 The NRW flood risk maps indicate that the source of flooding within the area including the

study sites are purely fluvial, despite the proximity of Swansea Bay. Therefore, no tidal flood

risk is referenced for the site.

4.2.4 In the vicinity of the site, flood defences are present (see Figure 4), including the following:

• Bridge Abutment

• Embankment

• Flood gate

• High Ground

• Wall

4.2.5 Bridge abutment is present at the southern extent of the site, on the left bank of the Tawe

River at the level of the A48 crossing. A flood gate and a wall are located on the right bank

of the Tawe River along the A 4067. High grounds also occur all along the considered reach

of the Tawe River, on its right bank.


4.2.6 On the left bank and in the immediate vicinity of the site, two types of flood defences are

present. The sub-area 1a is protected by a concrete flood defence wall on its western side

while an embankment is present west of the sub-area 1b, at the southern end of the given

wall. Both are fluvial defences constructed as part of the NRW scheme in 2012/13 and have

a Standard of Protection of 1 in 100 years from fluvial flooding. NRW data indicates the

current condition as Fair for the embankment and Very Good for the wall.

4.2.7 The site lays within an area benefiting from flood defences, except a minor part in the sub-

area 1a.

4.2.8 The Welsh Government’s Development Advice Maps are used for planning purposes

associated with the use of TAN15. According to the latest Development Advice Map, the

area of site that is considered for development falls under Zone C1 as part of the floodplain

which is developed and served by significant infrastructure including flood defences. As

such, the development would be subject to the application of justification tests, including the

acceptability of consequences.


Figure 2: Historical flooding extents recorded in the vicinity of the site


Figure 3: Flood zones map showing flood risk from rivers and the sea


Figure 4: Flood defences present in the vicinity of the site and the area benefiting from them


4.3 Flood Risk from Groundwater

4.3.1 Groundwater flooding is the responsibility of the LLFA which is CCS in this instance.

4.3.2 There are no groundwater level monitoring points registered by NRW within the proposed

site area.

4.3.3 There are no records or reports of groundwater flooding from either NRW or CCS for the

proposed site area.

4.3.4 Groundwater flooding is deemed to be unlikely in this location.

4.4 Flooding from Surface Water

4.4.1 Flooding from land can be caused by rainfall being unable to infiltrate into the natural ground

surface or entering the drainage system due to blockage, or flows being above the design

capacity. The result of this is temporary localised ponding and flooding.

4.4.2 High intensity storms often with a short duration are sometimes unable to percolate into the

ground or be drained by formalised drainage systems. This is due to the capacity of the

collection system being insufficient to convey runoff to the underground drainage network.

4.4.3 Flooding can also arise from the sewage network, becoming overwhelmed or blocked and

this leads to localised flooding.

4.4.4 The proposed site is currently undeveloped and divided into two sub-areas. Currently the

sub-area 1a is a concrete car-park lying on freely draining soils while the sub-area 1b is

mainly grassland area lying on slowly permeable soils.

4.4.5 Impeded soil drainage within part of the site is considered to have a negative impact on

flood risk from surface water, particularly during intense and/or prolonged rainfall periods.

This would result in soils waterlogging and ponding at the surface of the pre-developed 1b

sub-area.

4.4.6 Data from NRW is consistent with the previous statement with a low to high flood risk from

surface water in a minor part west of the sub-area 1b, along the track (Appendix 1). No flood

risk from surface water is considered for sub-area 1a. Low to high flood risk is present on

the Pant Y Blawdd Road.

4.5 Flooding from Artificial Sources

4.5.1 Artificial sources of flooding include reservoirs, canals, lakes and mining abstraction.

4.5.2 A single reservoir has been highlighted in the vicinity of the site, on the Nant Y Fendrod

tributary.

4.5.3 Based on NRW data (Appendix 2), there is a flood risk from a breach of this reservoir. In

such events, floodwaters would be conveyed to the confluence with the River Tawe, causing

waters from the main river to back up. However, this will not impact the proposed site and a

breach of this reservoir is highly unlikely.


4.5.4 Considering the information above, the flood risk from artificial sources is considered

negligible.

4.6 Residual Flood Risk

4.6.1 Although the proposed site is protected by defences with a high level of protection, residual

flood risk needs to be considered.

4.6.2 Failure through overtopping of the defences in an extreme event or breaching may still occur

and therefore, a residual risk remains. Such an event would result in catastrophic flooding

behind the defence and a significant risk to human life.

4.6.3 In either scenario (overtopping or breaching), floodwaters would propagate rapidly within the

site without necessarily providing time for flood warnings to be activated.

4.7 Flood Warning and Alerts

4.7.1 NRW provide a flood alert and flood warning service that give properties that are at risk from

flooding, advanced notice of when fluvial and coastal flooding is likely to happen. These

notices come in the form of a free messaging service, which can be in the form of telephone,

SMS message, email, and fax or via the NRW Twitter feed. There are three levels that are

provided:

i. Flood Alert- Issued between two hours and two days in advance of flooding and

warns that flooding is possible and the customer should be prepared. It advises that

the customer should be prepared to act on their flood plan, prepare a flood kit of

essential items and monitor local water levels and the flood forecast.

ii. Flood Warning- Issued between half an hour and one day in advance of flooding

and warns that flooding is expected and immediate action is required. It advises the

customer to move family, pets and valuables to a safe place, turn off gas and

electricity and water supplies if it is safe to do so and put flood protection equipment

in place.

iii. Severe Flood Warning- Issued as soon as flooding poses a significant threat to life

and warns that a flood is expected to be severe and there is a danger to life. It

advises that the customer should stay in a safe place with a means of escape, be

ready to leave home and to co-operate with the emergency services.

4.7.2 The site is eligible to receive Flood Alerts and Flood Warnings from NRW (see Figure 5).

The Flood Warning area code is 102FWF123, monitoring the River Tawe at Tawe Vale and

Swansea City centre. No flood warning has been issued during the recorded period for the

River Tawe in this area. The parent Flood Alert area: is designated under the code

102WAFF22, monitoring the Lower Tawe area in the Tawe catchment south of the M4

motorway. It includes both the River Tawe and its tributary, the Nant Y Fendrod. Two flood

alerts have been issued over the recording period within the area; on the 26/01/2016 and

the 03/09/2016.


Figure 5: Flood warning and flood alerts areas recorded in the vicinity of the site

Development Planning Considerations

5. Development Planning Considerations

5.1 General Development Considerations

5.1.1 The area of the site for the proposed development falls within Zone C1 based on TAN15 as

part of the floodplain which is developed and served by significant infrastructure including

flood defences. Under the TAN15 guidance, the development would be subject to the

application of justification tests, including the acceptability of consequences.

5.2 Justifying Location of Development

5.2.1 TAN15 Guidance states that “highly vulnerable development in zone C2 is not permitted and

that all other new development should only be permitted within zones C1 and C2 if

determined by the planning authority to be justified in that location.” Development is only

justified if demonstrating:

i. Its location in Zone C is necessary to assist, or be part of, a local authority

regeneration initiative or a local authority strategy required to sustain an existing

settlement; or

ii. Its location in Zone C is necessary to contribute to key employment objectives

supported by the local authority, and other key partners, to sustain an existing

settlement or region;

and

iii. It concurs with the aims of Planning Policy Wales (PPW) and meets the definition of

previously developed land; and

iv. The potential consequences of a flooding event for the particular type of

development has been considered, and in terms of the criteria contained in sections

5 and 7 and appendix 1 of the TAN15, found to be acceptable.

5.2.2 The proposed development is considered as a highly vulnerable development, based on

TAN15 criteria.

5.2.3 The proposed allocation is justified in-line with the above TAN 15 tests since it is necessary

to assist with the delivery of land to satisfy unmet accommodation needs for Gypsies and

Travellers and is proposed as part of the Council's LDP (meeting test i); and it is previously

developed land which has been landscaped (meeting test iii). Forthcoming sections of this

FCA assess the potential consequences of a flooding event and the allocation's

acceptability in terms of test iv.


5.3 Proposed Design Plan

5.3.1 According to the “Designing Gypsy and Traveller Sites” Guidance13

for the Welsh

Government, each pitch within the proposed development site should be capable of

accommodating an amenity block, a mobile home/touring caravan and parking for two

vehicles, respecting the following dimensions:

• Mobile Home should measure up to 20 metres long and 6.8 metres wide, according

to Section 60 of the Mobile Home (Wales) Act;

• Parking spaces must be a minimum of 2.4 by 4.8 metres each;

• Amenity Block should occupy a minimum of 23m2 area.

5.3.2 A 3-metre gap must be respected between a mobile home and any pitch/site boundary

5.3.3 A 6-metre gap must be respected between mobile homes for fire safety and privacy

reasons.

5.3.4 Considering the above elements, approximately 6 pitches can be contained within sub-area

1b and approximately 2 pitches within 1a (as outlined in Figure 6). Such recommendations

are subject to review as they do not leave space for any other important facilities such as a

children’s play area. The proposed design needs further investigation to provide a more

detailed layout.

13

https://www.valeofglamorgan.gov.uk/Documents/Living/Planning/Policy/LDP/Examination-Documents-

2015/Designing-gypsy-and-traveller-sites-May2015.pdf Viewed 28th March 2017


Figure 6: Proposed design for pitches within sub-areas 1a and 1b


5.4 Fluvial Flood Risk Considerations

5.4.1 According to the TAN 15 Guidance, flood risk should be assessed under a range of extreme

events from the threshold to a flood having a probability of occurrence of 0.1%. When

dealing with existing flood defences, particular attention should be given to the scenarios

causing overtopping of the defences.

5.4.2 An ESTRY-TUFLOW model has been developed in 2011 for NRW, as mentioned earlier in

this report. This model was used to develop a flood defence scheme in the Lower Tawe

Valley. This has been reused in this study to assess flood consequences within the

proposed site.

5.4.3 Flood events with 1% and 0.1% chance of occurring each year have been run; including a

1% annual chance + climate change (20% increase on peak flows) event. The model

considers flood defences in place in the surrounding area.

5.4.4 Figure 7 and Figure 8 show flood depths across the area for the 0.1% and 1% annual

chance flooding scenario. No flooding occurs within the extents of the proposed site for the

1% and 1%+CC scenario. The site is however shown to flood during the 0.1% flood event.

In sub area 1a, flood depths comprise between 0 and 2.5 meters while in sub-area 1b, flood

depths are below 0.2m on the western side and between 1.3 and 2 meters on the eastern

side.

5.4.5 The hazard rating for the 0.1% event varies extremely within the sub-area 1b; between

“Caution” (Shallow flood water or deep standing water) on the western side and “Extreme”

(Dangerous for all) on the eastern side. It is predominantly “Extreme” within sub-area 1a

describing as “Dangerous for all” from deep, fast flowing water that might result in Fatalities

due to hazard exposure.

5.4.6 As highlighted by the model outputs, flood defences provide a significant level of protection

however, flooding still occurs in the 0.1% flood event because of defence overtopping. TAN

15 Guidance states that “flood defences must be shown by the developers to be structurally

adequate particularly under extreme overtopping conditions (i.e. that flood with a probability

of occurrence of 0.1%). In order to comply with this criterion and minimise flood risk within

the proposed development area, an increase in height of the existing defences is proposed.

Hydraulic modelling should be conducted to define the required height to prevent

overtopping in the 0.1% probability event.

5.4.7 To comply with the TAN15 Guidance, an assessment of the defence breach should be

conducted. No breach scenario has been developed within the existing ESTRY/TUFLOW

model that has been used for this project. An analysis has therefore been developed based

on the FD2320 Guidance. Table 1 gives the results of the assessment that evaluates

consequences of flooding for different flooding scenarios. As developed within the

Guidance, development should be avoided within the first few hundred metres of the

defence. The immediate location of the site to the defence would induce high velocities with

significant damage to people and infrastructure.

Table 1: Analysis of consequences of a breach scenario

Event Head above floodplain Danger to people


1 in 100 year 1.3m Danger for all

1 in 100 year + CC 1.7m Danger for all

1 in 1000 year 2.3m Danger for all


Figure 7: Maximum Depths provided by the model for a 0.1% flood event


Figure 8: Maximum Depths provided by the model for a 1%flood event


5.5 Surface Water Flood Risk Considerations

5.5.1 TAN15 states that development should not increase the risk of flooding elsewhere through

an increase in surface runoff. Runoff from a development can, if not appropriately controlled,

result in flooding at other locations and significantly alter the frequency and extent of

flooding downstream in the catchment.

5.5.2 TAN15 also advises that the aim of any new development should not be to create additional

runoff when compared to the undeveloped state of the site. The use of SuDS is

recommended to help achieve this aim.

5.5.3 The proposed development will increase the area of impermeable surface compared to the

current state of the site, particularly across the 1b sub-area. It is recommended that surface

water is further assessed in the design phase, and that SuDS are considered. TAN15

acknowledges that the sustainable management of surface runoff can both lower flood risk

and offer additional environmental and biodiversity benefits. In addition to recommending

that any new drainage design on site be sympathetic to the pre-existing site drainage.

5.5.4 Surface water runoff will be able to be managed on site through SUDs and maintaining

surface water runoff to Greenfield runoff rates should not be an issue at this site. This could

be addressed via subsurface water storage and the implementation of permeable or semi-

permeable paving across the developed site.

5.6 Other Flood Risk Considerations

5.6.1 As discussed previously, the flood risk from artificial sources and groundwater have been

deemed to be negligible. Therefore, no development considerations to mitigate flooding from

these sources is required.

Summary and Conclusions

6. Summary and Conclusions 6.1.1 Capita has been commissioned by City and County of Swansea Council to undertake a

Scoping Assessment of Flood Risk for a proposed traveller site on Pant Y Blawdd Road,

Morriston.

6.1.2 The proposed allocation is justified in-line with the TAN 15 tests since it is necessary to

assist with the delivery of land to satisfy unmet accommodation needs for Gypsies and

Travellers and is proposed as part of the Council's LDP (meeting test i); and it is previously

developed land which has been landscaped (meeting test iii).

6.1.3 The site is deemed to be a highly vulnerable land use.

6.1.4 Flood risk from tidal source, groundwater and artificial sources is considered negligible

within the area.

6.1.5 Flood risk at the site has been considered from all sources. The proposed development is

located within Flood Zone 3. Although the site benefits from flood defences with a high

standard of protection, there is flood risk from defence overtopping in a 0.1% probability

event as well as from a breach of the existing defence, similar to other wider areas of

Swansea Vale protected by this flood defence.

6.1.6 Defence overtopping in a 0.1% flood event has been shown to induce an extreme hazard to

people in part of the proposed site where significant water depths (up to 3 meters) are

anticipated. It is however noted that a substantial part of the site receives water depths of

less than 0.5m even in the 0.1% probability event.

6.1.7 Flood Risk to the site could be outlined through the implementation of Flood Warning Alerts

for the Traveller site. The alerts could be complimented by flood risk signage on the site and

the establishment of safe evacuation procedures which could be implemented for the site if

a significant flood event were to be predicted.

6.1.8 The measures mentioned above do not mitigate against the existing flood risk. The only way

to reduce the flood risk to this site would be to increase the height of the existing fluvial

defences to provide an increased standard of protection or alternatively re-profile the site to

increase the ground level above the current 1 in 1000 year flood depths (including

compensatory flood storage).

6.1.9 In the event of a breach in the existing defence, a danger for all people present within the

site has been highlighted in every scenario (0.1%, 1%+CC ad 1% probability events). In the

event of a breach in the existing defence, a danger for all people present within the site has

been highlighted in every scenario (0.1%, 1%+CC and 1% probability events). A residual

risk of such a defence breach remains present, despite the high level of protection. Such a

breach would result in catastrophic flooding behind the defence and flood waters to

propagate rapidly within the site, without necessarily providing time for the flood warnings to

be activated. As developed within the FD2320 guidance, development within the first few

hundred metres of the defence should be avoided as the immediate proximity of the site to

the defence would induce high velocities with significant damage to people and

infrastructure.

Summary and Conclusions

6.1.10 There is a flood risk from surface water within part of the site that will be exacerbated by the

proposed development. The implementation of SuDS through permeable or semi-permeable

paving alongside construction works will maintain surface water runoff to Greenfield runoff

rates and minimise consequences on site and towards the surrounding area.

Appendices

7. Appendices

Appendix 1: Flood risk map for flood risk from surface water

Appendices

Appendix 2: Flood risk map for flood risk from reservoirs

17 | P a g e

Appendix 3: Certificates of Lawful Use for Site at Railway Terrace

CITY AND COUNTY OF SWANSEATOWN AND COUNTRY PLANNING ACT 1990: SECTION 191

(as amended by Section 10 of the Planning and Compensation Act 1991)

TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (WALES) ORDER 2012:

ARTICLE 28

GRANT OF CERTIFICATE OF LAWFUL USE OR DEVELOPMENT

TO:Mr Simon PitchersCraddys63 Macrae RoadHam GreenBristolBS20 0DD

APPLICATION NO: 2018/0378/ELDAPPLICANT: Mr Philip Llewellyn John Evans

The City & County of Swansea hereby certify that on 16.02.2018, the use/operations described in the First Schedule hereto in respect of the land specified in the Second Schedule hereto and edged red on the plan attached to this certificate, Was Lawful within the meaning of Section 191 of the Town and Country Planning Act 1990 (as amended), for the following reason(s):

1 That the existing use of the land as quarters for travelling show people was lawful at the time of application on the basis that the majority of the application site benefits from planning permission for the use to which this application is subject and sufficient evidence exists that the remainder of the site has been in use for such purposes for more than 10 years.

Signed:

PHIL HOLMESHEAD OF PLANNING & CITY REGENERATION

On behalf of City & County of Swansea

DATED: 19th February 2018

Informatives:

1 First ScheduleQuarters for travelling showpeople as described in Plan nos: Application and site boundary plan received 16th February 2018

2 Second ScheduleIndicated on O.S. Plan LPA1 attached to the CertificateLand At Railway Terrace (South Site), Gorseinon, Swansea which is shown edged red on the plan.

Notes

1 This certificate is issued solely for the purposes of Section 191 of the Town and Country Planning Act 1990 (as amended).

2 It certifies that the use/operations specified in the First Schedule taking place on the land described in the Second Schedule was lawful, on the specified date and, thus, was not liable to enforcement action under Section 172 of the 1990 Act on that date.

3 This certificate applies only to the extent of the use/operations described in the First Schedule and to the land specified in the Second Schedule and identified on the attached plan. Any use which is materially different from that described or which relates to other land may render the owner or occupier liable to enforcement action.

THE APPLICANT’S ATTENTION IS DRAWN TO THE NOTES BELOW

1. If the applicant is aggrieved by the decision of the Local Planning Authority to refuse permission or approval of the proposed development, or to refuse to grant a Certificate of Lawful Use or Lawful Proposed Use, or to grant permission or approval subject to conditions, he may appeal to the Welsh Ministers in accordance with Sections 78(1) and Section 195/196 of the Town and Country Planning Act 1990, as amended.

Appeals must be made within a prescribed time period. For ‘Householder Appeals’ and ‘Minor Commercial Appeals’ validated from 22nd June 2015 onwards, the prescribed period is 12 weeks from the date of this notice. Details on what constitutes a ‘Householder’ and ‘Minor Commercial’ appeals are available to view at the following website: http://gov.wales/topics/planning/appeals/appeal-guidance-and-information/?lang=en

For all other planning appeals, the prescribed period is 6 months from the date of this notice.

An appeal cannot be made if an enforcement notice has been served involving the same development as this refusal and planning permission was not granted under the enforcement appeal. This restriction also applies in respect of an enforcement notice served in respect of a condition that ought to be discharged and is not discharged under an enforcement appeal.

Appeals must be made on a form which is obtainable from the Planning Inspectorate, Crown Buildings, Cathays Park, Cardiff, CF10 3NQ – Tel 0303 444 5940, http://gov.wales/topics/planning/appeals/appeal-guidance-and-information/?lang=en. Further information on the appeals process is also available on this website. The Welsh Ministers can allow a longer period for the giving of notice of appeal but they will not normally be prepared to exercise this power unless there are special circumstances which excuse the delay in giving notice of appeal. The Welsh Ministers are not required to entertain an appeal if it appears to them that permission for the proposed development could not have been granted by the Local Planning Authority or could not have been so granted otherwise than subject to the conditions imposed by them, having regard to the statutory requirements to the provisions of the development order, and to any directions given under the order. The Welsh Ministers do not in practice refuse to entertain appeals solely because the decision of the Local Planning Authority was based on a direction given by them.

2. If permission to develop land is refused or granted subject to conditions, whether by the Local Planning Authority or by the Welsh Ministers, and the owner of the land claims that the land has become incapable or reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner may serve a purchase notice on the local planning authority in whose area the land is situated. This notice will require the local planning authority to purchase the owner’s interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990. (The local planning authority may accept the notice and proceed to acquire the land; or reject the notice in which case they must refer the notice to the Welsh Ministers.)

3. In certain circumstances, a claim may be made against the Local Planning Authority for compensation, where permission is refused or granted subject to conditions by the Welsh Ministers on appeal or on a reference of the application to him. The circumstances in which such compensation is payable are out in Section 114 of the Town and Country Planning Act 1990.

http://gov.wales/topics/planning/appeals/appeal-guidance-and-information/?lang=en


Reproduced from the Ordnance Survey map with permission of the Controller of Her Majesty's Stationery Office © Crown Copyright 2018.

Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Scale:

2018/0378/ELD OS PLAN LPA1Not Set

1:1,250

Organisation

Department

Comments

Date

PSMA Number

Department

Not Set

City & County of Swansea

19/02/2018

100023509

CITY AND COUNTY OF SWANSEATOWN AND COUNTRY PLANNING ACT 1990: SECTION 191

(as amended by Section 10 of the Planning and Compensation Act 1991)

TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (WALES) ORDER 2012:

ARTICLE 28

GRANT OF CERTIFICATE OF LAWFUL USE OR DEVELOPMENT

TO:Mr Simon PitchersCraddys63 Macrae RoadHam GreenBristolBS20 0DD

APPLICATION NO: 2018/0379/ELDAPPLICANT: Mr Edward Holmes

The City & County of Swansea hereby certify that on 16.02.2018, the use/operations described in the First Schedule hereto in respect of the land specified in the Second Schedule hereto and edged red on the plan attached to this certificate, Was Lawful within the meaning of Section 191 of the Town and Country Planning Act 1990 (as amended), for the following reason(s):

1 That the existing use of the land as quarters for travelling show people was lawful at the time of application on the basis that the majority of the application site benefits from planning permission for the use to which this application is subject and sufficient evidence exists that the remainder of the site has been in use for such purposes for more than 10 years.

Signed:

PHIL HOLMESHEAD OF PLANNING & CITY REGENERATION

On behalf of City & County of Swansea

DATED: 19th February 2018

Informatives:

1 First ScheduleQuarters for travelling showpeople as described in Plan nos: Application and site boundary plan received 16th February 2018

2 Second ScheduleIndicated on O.S. Plan LPA1 attached to the CertificateLand At Railway Terrace (North Site), Gorseinon, Swansea which is shown edged red on the plan.

Notes

1 This certificate is issued solely for the purposes of Section 191 of the Town and Country Planning Act 1990 (as amended).

2 It certifies that the use/operations specified in the First Schedule taking place on the land described in the Second Schedule was lawful, on the specified date and, thus, was not liable to enforcement action under Section 172 of the 1990 Act on that date.

3 This certificate applies only to the extent of the use/operations described in the First Schedule and to the land specified in the Second Schedule and identified on the attached plan. Any use which is materially different from that described or which relates to other land may render the owner or occupier liable to enforcement action.

THE APPLICANT’S ATTENTION IS DRAWN TO THE NOTES BELOW

1. If the applicant is aggrieved by the decision of the Local Planning Authority to refuse permission or approval of the proposed development, or to refuse to grant a Certificate of Lawful Use or Lawful Proposed Use, or to grant permission or approval subject to conditions, he may appeal to the Welsh Ministers in accordance with Sections 78(1) and Section 195/196 of the Town and Country Planning Act 1990, as amended.

Appeals must be made within a prescribed time period. For ‘Householder Appeals’ and ‘Minor Commercial Appeals’ validated from 22nd June 2015 onwards, the prescribed period is 12 weeks from the date of this notice. Details on what constitutes a ‘Householder’ and ‘Minor Commercial’ appeals are available to view at the following website: http://gov.wales/topics/planning/appeals/appeal-guidance-and-information/?lang=en

For all other planning appeals, the prescribed period is 6 months from the date of this notice.

An appeal cannot be made if an enforcement notice has been served involving the same development as this refusal and planning permission was not granted under the enforcement appeal. This restriction also applies in respect of an enforcement notice served in respect of a condition that ought to be discharged and is not discharged under an enforcement appeal.

Appeals must be made on a form which is obtainable from the Planning Inspectorate, Crown Buildings, Cathays Park, Cardiff, CF10 3NQ – Tel 0303 444 5940, http://gov.wales/topics/planning/appeals/appeal-guidance-and-information/?lang=en. Further information on the appeals process is also available on this website. The Welsh Ministers can allow a longer period for the giving of notice of appeal but they will not normally be prepared to exercise this power unless there are special circumstances which excuse the delay in giving notice of appeal. The Welsh Ministers are not required to entertain an appeal if it appears to them that permission for the proposed development could not have been granted by the Local Planning Authority or could not have been so granted otherwise than subject to the conditions imposed by them, having regard to the statutory requirements to the provisions of the development order, and to any directions given under the order. The Welsh Ministers do not in practice refuse to entertain appeals solely because the decision of the Local Planning Authority was based on a direction given by them.

2. If permission to develop land is refused or granted subject to conditions, whether by the Local Planning Authority or by the Welsh Ministers, and the owner of the land claims that the land has become incapable or reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any development which has been or would be permitted, the owner may serve a purchase notice on the local planning authority in whose area the land is situated. This notice will require the local planning authority to purchase the owner’s interest in the land in accordance with the provisions of Part VI of the Town and Country Planning Act 1990. (The local planning authority may accept the notice and proceed to acquire the land; or reject the notice in which case they must refer the notice to the Welsh Ministers.)

3. In certain circumstances, a claim may be made against the Local Planning Authority for compensation, where permission is refused or granted subject to conditions by the Welsh Ministers on appeal or on a reference of the application to him. The circumstances in which such compensation is payable are out in Section 114 of the Town and Country Planning Act 1990.



Reproduced from the Ordnance Survey map with permission of the Controller of Her Majesty's Stationery Office © Crown Copyright 2018.

Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Scale:

2018/0379/ELD OS PLAN LPA1Not Set

1:1,250

Organisation

Department

Comments

Date

PSMA Number

Department

Not Set

City & County of Swansea

19/02/2018

100023509

18 | P a g e

Appendix 4: Indicative Layout at Railway Terrace