It is disappointing to see that the planning application submitted
by Legal and General Ltd for the development of Model Farm Rhoose as a 44.75 ha
business park was given assent at the special planning meeting for Model Farm
Development July 14th, 2021.
Those who have fought and struggled thus far are to be commended
for their diligence and hard work in doing the right thing in resisting Legal
and General. The authors of this blog site know full well how time
consuming, grueling and
depressing it is trying to fight inappropriate and unwanted development
proposals from our efforts to save Lower Cosmeston Farm from a Welsh Assembly
Government housing proposal.
Legal and General have timed their application at Model Farm very
carefully to coincide with the formal adoption of the controversial Local
Development Plan (LDP) by the Council on 28th June 2017, which allocated the
tract of land at Model Farm as a part of the Cardiff
Airport-St Athan Enterprise Zone.
There are many who argue that the 2017 LDP for the Vale of
Glamorgan is flawed and is in need of urgent revision, in particular in regards
to the grossly exaggerated need for new housing, Darren Farm, Cowbridge, is a
good example of this superfluous need, the inappropriate allocation of land for
commercial enterprises, such as the land at Model Farm, and also to incorporate
real policy (rather than virtue signaling and the odd token effort) reflecting
the current climate emergency, notably the call for the reduction of carbon
emissions and protection of the natural environment. There is also the threat of the Spur
Railway debacle being resurrected again which would see yet further destruction
of the natural environment at Porthkerry.
Overview of the Planning Committee Report
Having read through the Planning Committee Report we are not
convinced by its premise, namely that the land comprising Model Farm is a
suitable place for a new business park, or the manner in which the many
material considerations relating to this planning application were dealt with.
‘The reason for committee determination’ states that this proposal is ‘deemed
necessary’ because
of ‘the strategic nature of the development (i.e., near to Cardiff Wales
Airport) and high level of public interest’. It is hoped that this new business park
will help to elicit economic growth by attracting the ‘aerospace
industry and high-tech manufacturing, to encourage strategic investment’.
There is certainly public interest in this development proposal,
but this interest stems mostly from a desire to oppose this development and not
welcome it.
The Planning Committee Report states that ‘Planning
Policy Wales (Edition 11, 2021) (PPW) is of relevance to the determination of
this application. The primary objective of PPW is to ensure that the planning
system contributes towards the delivery of sustainable development and improves
the social, economic, environmental and cultural well-being of Wales’. Insofar as we can see this development
would not improve the social, environmental, and cultural well-being of the
community at large as there are far too many negative ramifications. The
material considerations against this proposal are in our opinion significant.
We feel that many of the assertions and conclusions found within
the report are highly dismissive of the impact this development would have upon
material considerations such as the natural environment and landscape,
biodiversity and damage to the settings of heritage assets. It is acknowledged
in the report that the damage to the natural environment will be significant,
however, the natural environment is ‘weighed up against
the need for development’ and is deemed to be expendable. The authors of the report have
gone through considerable lengths to circumnavigate many of these material
considerations as best they can with various proposals to offset and ‘appropriately
mitigate’ the damage and
destruction-none of which to us seem wholly sufficient. The crux of the report
is that the material considerations pale in significance to the need of the
proposed development. We disagree.
Alternative sites
In regard to the ‘strategic nature’, of the proposed business
park, i.e., in the vicinity of Cardiff Wales Airport, the location of which
that is ‘deemed necessary’, the use of brown field land at St Athan, Llandow Business
Park or any other brownfield site in the locality would represent a far more
logical choice of location for new developments and would go some way towards
fulfilling the ‘strategic’ aspect of this proposal, viz, to support the
strategic growth of Cardiff Wales Airport. Brown field sites should always be
given preference over green field sites-this is reflected in the policy
framework for managing future development in the Vale of Glamorgan.
Policy MD1 (Location of new development on unallocated sites of
the LDP requires that development have no (1) unacceptable impact upon the
countryside, (7) where possible promote sustainable
construction and make beneficial use of previously developed land and buildings and (9) have no impact upon the best and most
versatile agricultural land.
We appreciate that Model Farm has been allocated within the LDP, however this
aspect of policy framework seems pertinent as a point of objection as the
impact of this development would quite clearly be unacceptable if Model Farm
was not allocated within the LDP, and especially given that suitable
alternative sites exist nearby and that both the Welsh Assembly Government and
the Vale of Glamorgan Council both declared in 2019 a 'climate
emergency' and in a
2021 'nature emergency' with one of the aims of these declarations to preserve
biodiversity and farmland.
Development antecedents
A number of speculative development proposals were submitted a few
years back by various developers in the Weycock Cross area, notably at Walter’s
Farm. In terms of scale and function, the Walter’s Farm development proposal
encompassed a number of similarities to the development proposal at Model Farm,
notably the inclusion of business units.
All of the Weycock Cross development proposals were refused for,
among other reasons the’ impact upon the appearance of the
countryside and the existing special landscape area’. I cannot see how this consideration
can be applied at Weycock Cross and Walter’s Farm but discarded at Model Farm,
even considering that the Model Farm development is seemingly free from the
constraints of Policy MD1. It would be no exaggeration to say that this is one
of the most sublime areas of natural beauty within the Vale of Glamorgan
coastline. A colossal development as proposed by Legal and General
as well as destroying the landscape at Model Farm would also utterly ruin the
setting of Porthkerry Park as well as the surrounding historic assets-no amount
of offsetting mitigation measures can compensate for this destruction.
Another reason the Weycock Cross developments were declined was
the failure to ‘mitigate against the increase in traffic’. Port Road stretching from Barry to
Culverhouse Cross has now become severely congested due to the huge increase in
traffic stemming from the many new housing developments in the area.
Traffic assessment
We do not believe that traffic increase and its effect upon the
Weycock Cross junction will be negligible especially considering that this
proposed new development is purported to provide around three thousand new jobs
with many employees likely to commute to Barry by car from various locations.
There is the suggestion that a ‘modal shift’ of 19% can be
achieved by improved public transport and ‘active travel
provision’ which is
thought would contribute towards easing congestion. Quite what this mode of
public transport would entail was not made clear.
The claim that overcapacity, as predicted by the Traffic
Assessment review and modelling, can be reduced by 20% because the Welsh
Assembly Government believe that approximately 30% of the population are likely
to work from home post-Covid we feel is speculative at best, and we feel cannot
be relied upon as a sound argument with which to mitigate traffic flow and
congestion at Weycock Cross and other local junctions.
Even if this reduction were to happen it would still leave over
2000 people commuting on a daily basis in cars as well as a number of HGV’s
using the facility, causing further congestion. The exhaust emissions from
these vehicles would serve to jeopardize the Vale of Glamorgan Council’s
Project Zero scheme, whereby the authority are seeking to reduce carbon
emissions to net zero by 2030.
The Natural environment
The most important material consideration in this process is the
loss of the natural environment at Model Farm as well as a viable working farm.
Model Farm has been farmed by the Jenkins family since 1935, who practice both
arable and pastoral farming.
This material consideration is reflected in policy-
‘Managing Development Policies, Policy MD1 (Location of New
Development) of the LDP requires that development have no unacceptable impact
upon the countryside. Strategic Policies, Policy SP10 (Built and Natural
Environment) requires development proposals to preserve and where appropriate
enhance the rich and diverse built and natural environment and heritage of the
Vale of Glamorgan. Managing Growth Policies, Policy MG18, Proposals must also
demonstrate that they would not prejudice the open nature of the green wedge’.
Policies MD1, SP10 and MG18 would appear to be entirely
contradictory to this development proposal. The author(s) of the Planning
Committee Report, however have attempted to justify the destruction of the
landscape simply via Model Farm's allocation within the LDP.
‘The development of the site accords with the LDP
(and therefore is not considered contrary to Policy MD1)’.
The main thrust of the argument put forth in the Planning
Committee Report is that:
‘In spite of the local visual impact and change in character to
the land. Having regard to the above, and the strategic location, it is
considered that the site represents an acceptable location for employment
development, in terms of the impact on the local countryside. This is reflected
in the fact that the site has been allocated in the LDP’.
The crux of the matter appears to be that the land been allocated
in the LDP-ergo, it has to happen. According to Councillor Robinson, it is
considered a ‘legislative duty’ to approve this application (unless material
considerations indicate otherwise). And thus, each and every point can
essentially be dismissed on these grounds. This sounds very much like a
lapidem argument.
Having viewed the last Planning Meeting it became clear to us that a number of
councillors adopted this logic, notably Councillor Bird, who stated that ‘I voted
for the LDP, the creation of it. I understand the outline proposals, I’m not
going to vote for it one time and then decry it as terrible’-hence his decision to give his assent.
Furthermore, if the Planning Officer et al considered Model Farm
to have been a suitable location from the beginning simply because it has been
allocated in the LDP (and free from the constrains of Policy MD1), the logic
used here appears to be a priori. A pertinent example of this a priori
attitude is the fact that the authors of the report have chosen to
circumnavigate and discard the sage views of both the Vale of Glamorgan Ecology
Officer and the Conservation Officer.
In 2019 the Council stated.
'This application
will be considered in exactly the same way as any other. The views of all
interested parties will be taken into account, all letters of representation
will be fully considered, and due regard paid to any factors relating to
transport and the environment'.
Hardly a fair hearing 'as any other' when the process was seemingly biased in
favour of the developer’s proposal from the start, the recommendations of
various officers discarded, and that a predetermined conclusion sought.
Biodiversity
The Vale
of Glamorgan Ecology Officer has expressed concern in regard to biodiversity.
‘Vale of Glamorgan Council Ecology Officer in response to initial
consultation raised concerns in relation to habitat loss, hedgerow loss and
raised concerns that have resulted in both further surveys and plan
amendments’. Having
read the amendments in the report I cannot say that I am convinced by any of
them’ the majority of which seem to consist of replacing hedgerows and assuming
animals will migrate elsewhere-these appear to be little more than token
conciliatory gestures and are not satisfactory.
(Picture credit-Vale Communities Unite Facebook page)
Heritage assets
The Conservation Officer has shown great concern with this
development proposal and has stated-
“I agree with the conclusions of the Built Heritage
Statement that there will be varying degrees of harm to the setting of historic
assets. This is contrary to policies SP10 and MD8 of the LDP. On this basis I
cannot offer my support to the application.” However, you will need to reach
your own conclusion. And
indeed, the Planning Officer has.
‘Having regard to this legislative duty, it is considered that the
strategic importance of the location, coupled with the economic benefits
associated with the development of this site (as previously outlined in this
report), weigh significantly in favour of its development, when balanced with
the moderate (or lower) impact to the heritage assets’. Hiding behind the seemingly
intractable dogmatism within the LDP is pretty poor reasoning when there exists
perfectly acceptable local brown field sites with which to garner speculative
business interest.
The report further states. ‘The development of
Cardiff Airport and the runway has also already had a significant impact upon
the character of the locality, and the application site would be appreciated in
the context of the airport and its surrounding development’. Surely the fact that the area is already
considered ‘compromised’ would render its preservation imperative against
further encroachment.
Climate emergency, nature emergency and Project Zero
One also has to consider this development proposal against both
the Senedd's and the Vale of Glamorgan Council's 2019 'climate emergency' declaration, and the 2021 'nature
emergency'
declaration. The objectives of these declarations it seems have not been given
due consideration within the Planning Report. One of the primary aims of
‘Project Zero’ is to reduce carbon emissions. The development of Model Farm
would appear to be a direct contradiction to this aspiration.
Another aim of the 2021 nature emergency is that councilors have
agreed that there should be ‘no net loss of biodiversity in the Vale’. Once again, the development of Model
Farm, if it were to happen, would be another direct contradiction to this
particular aspiration.
Viability Report
A subsequent issue that has given us even greater cause for
concern is the fact that the original application submitted by Legal and
General, which was given assent at the Special Planning meeting for the Model
Farm development July 14th, 2021, has been quashed because a serious error was made
in the planning process-namely the omission of viability evidence, proposals
and correspondence, which would have led to a substantial reduction in planning
contributions or Section 106 costs from the applicant.
This information was unlawfully withheld from both councillors and
the public, an act which has seriously compromised the integrity of the
planning process and has eroded public trust in the Council. The Section 106
planning contributions amounted to £3,723,700. This cost would have eventually
been met by the public to fund infrastructure and sustainable transport. We
find it outrageous that the public would have been forced to foot the bill for
these costs in order to help a private company make their controversial and
greatly unpopular venture financially viable.
Summary
In summary, we feel that this development application has very
little-if nothing, to recommend it to the residents of the Vale of Glamorgan.
In terms of employment benefits, according to Councillor Robinson, ‘the
allocation of this land was for its strategic importance, not for general needs-local employment
uses’, meaning that very
few jobs, most of which would be ancillary, would be available for the local
community-certainly not enough jobs to justify the destruction of a large tract
of fertile farmland.
(Picture credit-Vale Communities Unite Facebook page)
The damage to the natural environment, the increase in traffic and
associated carbon emissions, the loss of a productive farm, and the damage to
biodiversity and heritage assets all weigh significantly against this proposal.
Add to this the fact that the viability report was deliberately omitted leaves
us to sadly conclude that we do not trust the Vale of Glamorgan Council, or
certain councillors, to handle this matter in an impartial and objective way
and to fairly assess the merits of the many material considerations. Especially
seeing as members of the Vale of Glamorgan Council have adopted a priori
reasoning and consider this application to be simply a matter of ‘legislative
duty’.
Given that we can soon expect to see a revised LDP which will
present a good opportunity for both the Welsh Assembly Government and the Vale
of Glamorgan Council to demonstrate their commitment to their ‘climate
emergency’ and ‘nature emergency’ declarations and ‘Project Zero’ scheme, and
give consideration to alternative sites in the Vale of Glamorgan for a new
business park. We therefore wish to see this application called in by the Welsh
Assembly Government.
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