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  • Agenda item

    Application No C23/0806/0O/LL Viaduct Gardens, Stryd Yr Eglwys, Abermaw, LL42 1EL

    • Meeting of Planning Committee, Monday, 18th March, 2024 1.00 pm (Item 9.)
    • View the background to item 9.

    Proposed works at the Viaduct Gardens region of Barmouth to include: 

    1.    Repairing, strengthening and raising the height of an approximately 60m section of sea wall, 

    2.    Erecting a new setback wall and floodgate/barrier in the area behind the primary sea wall, 

    3.    Install a new drainage network to manage surface water and overtopping in the area behind the setback wall and flood gates, 

    4.    Installation of Property Flood Resilience (PFR) in the Quay area, 

    5.    Installation of a new surface water outfall pipe that protrudes from the sea wall into the harbour.  

     

    LOCAL MEMBER: Councillor Rob Triggs

     

    Link to relevant background documents

     

    Decision:

    DECISION: To approve with conditions

     

    1.     Commencement within five years.

    2.     In accordance with the plans and documents submitted

    3.     Public Protection conditions – timings

    4.     Submit and reach agreement on a CEMP

    5.     Submit and reach agreement on soft and hard landscaping details

    6.     Implement the landscaping details

    7.     Plan to protect the structural condition and permanent access of the mains public water supply crossing the site

    8.     Plan to protect the structural condition and permanent access to the public waste water assets crossing the site

    9.     Working hours of construction period

    10.  Sheet piling hours

    11.  Implementation of noise level mitigation measures

    12.  Installation of noise barriers

    13.  Submission and agreement on a Noise Management Plan for the construction period.

    14.  Archaeological conditions

     

    Note:- 

    SuDS, NRW, Network Rail, Public Protection and Welsh Water advice to the developer.

     

    Minutes:

    Proposed works in the area of Barmouth Viaduct Gardens

     

    a)         The Planning Manager highlighted, ⁠that it was an application to improve the flood defence mechanisms. The work would include:-

    ·         Repairing, strengthening and raising the height of approximately 60m in length of sea wall;

    ·         Erection of secondary walls with new floodgates in the area behind the main sea wall;

    ·         Installation of new drainage network in order to manage surface water and flooding in the area behind the secondary walls and flood gates;

    ·         Installation of new surface water outlet pipe which obtrudes from the sea wall to the harbour;

    ·         Installation of flood resilience equipment in properties in the quay area.

     

    It was reported that a sea wall would be re-built and surfaced with stone from the existing wall with a parapet wall section approximately 1.2 metres above the nearby floor level.  The existing rock armour would be redistributed on the highest part of the beach across the front of the sea wall and reinforced with additional rocks as required. A new setback wall would be erected along the northern boundary of Viaduct Gardens, which would include glass on the highest section. The work would also include a plan to manage surface water with floodgates, gutters, drains and a variety of adaptations to the existing system as well as a new surface water outfall on the beach. At the end of the work, the public place in Viaduct Gardens would be restored through landscaping work and the installation of new street furniture.

     

    In the context of the principle of the development, it was noted that the site was partially located within the development boundary of Barmouth. As a result, and without any other options in terms of an alternative location to provide the work, it was considered that the proposal was acceptable in terms of Policy PCYFF 1 of the LDP. Reference was made to policy AMG 4, which referred to Coastal Protection and asked for proposals to show that a preponderant economic and social benefit would derive from the development. It was also noted that proposals must ensure that there was no unacceptable harm to water quality, public access, the built environment, the character of the landscape or seascape and biodiversity impacts.

     

    Several technical reports were submitted with the application which included significant evidence that justified the work in question.

     

    In the Shoreline Management Plan, the policy for this part of Barmouth, which includes the harbour section and the access road, as well as seaside defences notes Hold the Line. The Shoreline Management Plan states "There would be a need to maintain and raise
    defences around the harbour and to maintain the road and railway defences and
    probably to further reinforce the defence at Ynys y Brawd. This is considered as sustainable and maintains the important use of the harbour and access to the town." As a result, it was considered that the principle of maintaining and increasing the height of defences around the harbour, the road and the railway was acceptable in principle based on policy ARNA 1 (however, the plan would have to comply with several other policies which considered the impact on the environment).

     

    In the context of design and amenities, it was considered, as seen with many developments, the most detrimental impacts would be seen during the construction phase and this would be acknowledged in the Landscape and Visual Statement. It was considered that the proposal, in terms of its form and finish, was acceptable and offered a quality development in terms of the visual amenities by displaying a design and features which presented and created a development that would be suitable and appropriate to the site and within the wider area. As a result, it was considered that the proposal was acceptable based on the relevant requirements of Policy PCYFF 3, PCYFF 4, AMG 2 and AMG 4 of the LDP.

     

    In the context of heritage and archaeological matters, it was reported that observations had been received by the Archaeological Planning Service, referring to the fact that the site had a potential for archaeological features. They therefore recommended imposing conditions on any planning permission to ensure a programme of archaeological work for the development; by imposing an appropriate condition to maintain a programme of archaeological work, the proposal was acceptable in terms of Policy AT 4 of the LDP.

     

    In the context of flooding matters, observations were received by NRW noting that the FCA had shown that the plan would be an improvement in terms of flooding risks in the area around Viaduct Gardens in accordance with the Welsh Government guidelines, Adapting to Climate Change: Guidelines for Authorities on Managing Flood Risks and Coastal Erosion in Wales, dated August 2022.

     

    When discussing biodiversity and ecological matters, as part of the application, a Habitats Regulations Assessment, Habitats Management Assessment - Preliminary Screening Report, Ecological Impact assessment and Preliminary Ecological Appraisal were submitted. ⁠It was noted that these assessments considered physical and coastal processes, water quality and deposits, marine ecology and nature conservation, geological ecology and nature conservation; and coastal protection and flood protection. The Council's Habitats Regulations Assessment had concluded that the proposal would be likely of having a substantial impact on the Pen Llŷn a'r Sarnau Special Area of Conservation and that NRW had drawn attention to concerns regarding the loss of a small intertidal habitat within the footprint and the possible change to a coastal process because of the proposed high pipe.

     

    It was reiterated that Cyngor Gwynedd and NRW were competent authorities under the Habitats and Species Protection Regulations 2017 (as amended), and they must, before deciding to give permission to a project that was likely to have a substantial impact on a SAC, either alone or collectively with other plans or projects, making appropriate assessments of the project's implications for that site, considering its conservation objectives. The proposal submitted falls within the marine environment and on the land and therefore the responsibilities of the Council and NRW overlap in terms of appropriate assessment matters. With the impact on the SAC falling within the marine environment, NRW would take the reins as the lead competent authority. An application for a Marine Licence was submitted to NRW and an appropriate assessment has been carried out as a result.

     

    Having considered all the relevant planning matters, including local and national policies and guidelines, it was considered that the proposal complied with the requirements of the relevant policies.

     

    b)     It was proposed and seconded to approve the application

     

    RESOLVED: To approve with conditions

     

    1.  Commencement within five years.

    2.  In accordance with the plans and documents submitted.

    3.  Public Protection conditions - timings

    4.  Submit and reach agreement on a CEMP

    5.  Submit and reach agreement on soft and hard landscaping details.

    6.  Implement the landscaping details.

    7.  Plan to protect the structural condition and permanent access of the main public water supply crossing the site.

    8.  Plan to protect the structural condition and permanent access to the public waste water assets crossing the site.

    9.  Work hours of construction period.

    10.  Sheet piling hours.

    11.  Implementation of noise level mitigation measures.

    12.  Installation of noise barriers.

    13. Submission and agreement on a Noise Management Plan for the construction      period.

    14.  Archaeological conditions.

     

    Note:- 

    SuDS, NRW, Network Rail, Public Protection and Welsh Water advice to the developer

     

     

     

    Supporting documents:

    • Viaduct Gardens, Stryd Yr Eglwys, Abermaw, LL42 1EL, item 9. pdf icon PDF 301 KB
    • Plans, item 9. pdf icon PDF 2 MB