Vale of Glamorgan Local Development Plan (2011 – 2026) Hearing Session 7: Housing Allocations (1) 1st March 2016 Background Dŵr Cymru Welsh Water (DCWW) is the statutory undertaker providing public water and sewerage services throughout the majority of Wales and adjoining parts of neighbouring English Counties. Safe and reliable water supplies and efficient foul drainage, are essential components to any development and are a pre-requisite to development taking place. The service provided not only underpins the existing life of the area, but also the social and economic improvements set out in a Local Development Plan (LDP). The capability of our water and sewerage infrastructure to supply and have the capacity to accommodate future growth, is an important consideration when assessing the viability and deliverability of allocations within a LDP. DCWW is considered a ‘specific consultation body’ in the LDP process, and as such has been involved at every stage of the Vale of Glamorgan’s LDP. Capital Investment - Asset Management Plans (AMP) DCWW has a duty to improve, maintain and extend its water and sewerage systems under the respective sections 37 and 94 of the Water Industry Act 1991 and aims to ensure that sufficient infrastructure exists for domestic developments. Investment in water and sewerage infrastructure is managed in rolling 5 year AMP which seek to ensure appropriate large scale investment is undertaken to provide capacity for growth. The current AMP, AMP 6, runs from April 2015 to March 2020. AMP7 will run from April 2020 to March 2025, and DCWW will shortly begin work on identifying potential schemes for inclusion within this AMP. DCWW are required to put forward a business plan for investment for each AMP cycle and as part of this work require some certainty in terms of growth areas and site development proposals. An adopted or ‘sound’ LDP with identified allocated development sites, significantly strengthens the case that DCWW can put forward in relation to projects requiring AMP funding. DCWW’s industry regulator, OFWAT, usually do not provide investment for infrastructure to serve unconfirmed growth. Due to the regulatory, financial and legislative framework that DCWW has to work within there is the potential for disparity in the timeframes of DCWW’s AMP and LDPs. There may therefore be instances where ‘lead-in’ times are necessary to bring an infrastructure project and associated funding to fruition. In areas where there is a need for infrastructure improvements that is not catered for within the AMP, DCWW encourages the phasing of development to the later period of the LDP. This enables DCWW to undertake the essential improvement works required through future AMP investment. Alternatively, where development will create a need for additional capacity in advance of an Undertaker’s Regulatory investment, developers can either fund the improvements themselves or enter into a requisition process1 to provide the infrastructure to service the development, or in the instance of improvements to Wastewater Treatment Works (WwTW) developers can fund the upgrades via the provisions of a Section 106 (of the Town and Country Planning Act, 1990) Agreement. Similarly, there is also the option of using Community Infrastructure Levy (CIL) receipts to fund infrastructure. It should be noted that our AMP funding via the Regulatory Settlement envisages that on a strategic level approximately 60% of our total investment on growth must be derived from developer contributions through the requisition process. This is a high level requirement based on the level of AMP investment agreed for the 5 year period for our operational area as a whole and does not relate to specific sites or areas. As a not for profit company, this reinforces the case that the additional burden of costs is passed on to those who will be developing the sites. Vale of Glamorgan LDP DCWW have provided relevant water, sewerage and waste water comments on development allocations, and prior to the submission of the LDP also produced a joint Statement of Common Ground (SoCG) with the Council outlining the capabilities of DCWW infrastructure to service the allocated sites. It is considered that the Local Planning Authority (LPA) has had due regard to these comments, in determining the sites proposed for allocation, via the policies proposed and the evidence base submitted to support the Plan. DCWW has assisted the LPA in assessing the impact of potential demands on our assets from the LDP allocated sites. The SoCG between DCWW and the LPA acknowledges that improvements may be required to DCWW’s water and sewerage assets prior to development on certain allocated sites taking place. It identifies the waste water treatment works affected, and the possibility that some works will need to be upgraded to accommodate the growth proposed. It also acknowledges that assessments may be required in certain instances on both our water and sewerage networks to establish how sites can be serviced. The SoCG recognises the potential for instances where ‘lead-in’ times are necessary to bring an infrastructure project and associated funding to fruition in advance of AMP investment. It is difficult to provide definitive capacity comments for employment allocations as the potential demands on our infrastructure is unknown at present. Once the type of ‘end user’ is known and details of their water and waste requirements are confirmed, we would need to undertake further assessments at the appropriate time. We are only obliged to take ‘domestic’ flows from the sites and should the ‘end users’ require a trade discharge to the public sewer, then the Consent of the sewerage undertaker is required. In line with the relevant action point agreed during Hearing Session 4 – Infrastructure and Delivery, DCWW will work with the LPA to provide some general capacity comments for our infrastructure that would serve the ‘domestic’ flows from the employments allocations proposed. DCWW have worked closely with the LPA to ensure that they are aware that the delivery of services will need to align with the programme of construction. Whilst it is apparent that certain sites 1 Further details of the requisition process is contained in Appendix 1. proposed have water or sewerage constraints, these are not considered to be insurmountable obstacles to delivery. There is no reason why a combination of improvements through AMP investment, developer contributions and the requisition process would not ensure that the allocated sites are delivered as proposed. Site specific comments Site MG2(1) / SP2(1) / MG3 – Phase 2, Barry Waterfront (1,700 dwellings); Site already has planning permission Site MG2 (2) – Land at Higher End, St Athan (220 dwellings); Water supply A water supply can be made available to service the proposed development site, however extensive off-site mains may be required. Sewerage network There are incidents of hydraulic overload on the public sewerage system in this area, therefore a hydraulic modelling assessment will be required to establish a point of connection to the public sewer system and / or any improvement work required. The site is crossed by a 225mm foul public sewer for which protection measures in the form of an easement width and/ or diversion will be required. Waste Water Treatment Works Our West Aberthaw WwTW is currently overloaded and no improvements are planned within our AMP 6 Capital Investment Programme (2015-2020). A scheme of upgrades for this WwTW will form part of our submission to our Industry Regulator Ofwat for AMP 7. Should a landowner/ developer wish to progress the proposed development site prior to our Regulatory investment, they may fund a feasibility study which will identify the improvements required. Site MG2 (3) – Land at Church Farm, St Athan (250 dwellings). Water supply A water supply can be made available to service the proposed development site, however extensive off-site mains may be required. Sewerage Network There are incidents of hydraulic overload on the public sewerage system in this area, therefore a hydraulic modelling assessment will be required to establish a point of connection to the public sewer system and / or any improvement work required. Waste Water Treatment Works Our West Aberthaw WwTW is currently overloaded and no improvements are planned within our AMP 6 Capital Investment Programme (2015-2020). A scheme of upgrades for this WwTW will form part of our submission to our Industry Regulator Ofwat for AMP 7. Should a landowner/ developer wish to progress the proposed development site prior to our Regulatory investment, they may fund a feasibility study which will identify the improvements required. Site MG2 (4) – Former Stadium Site, adj Burley Place, St Athan (65 dwellings) Water supply A water supply can be made available to service the proposed development site, however extensive off-site mains may be required. Sewerage Network There are incidents of hydraulic overload on the public sewerage system in this area, therefore a hydraulic modelling assessment will be required to establish a point of connection to the public sewer system and / or any improvement work required. Waste Water Treatment Works Our West Aberthaw WwTW is currently overloaded and no improvements are planned within our AMP 6 Capital Investment Programme (2015-2020). A scheme of upgrades for this WwTW will form part of our submission to our Industry Regulator Ofwat for AMP 7. Should a landowner/ developer wish to progress the proposed development site prior to our Regulatory investment, they may fund a feasibility study which will identify the improvements required. Site MG2 (5) – Land to East of Eglwys Brewis Road, Llantwit Major (300 dwellings) Water supply A water supply can be made available to service the proposed development site, however extensive off-site mains may be required. Sewerage Network There are incidents of hydraulic overload on the public sewerage system in this area, therefore a hydraulic modelling assessment will be required to establish a point of connection to the public sewer system and / or any improvement work required. The site is crossed by a 150mm foul public sewer and a 150mm foul rising main for which protection measures in the form of an easement width and/ or diversion will be required. There is also a Sewage Pumping Station (SPS) on the public sewerage network within this site, for which a Cordon Sanitaire or buffer zone will be required in order to protect residential amenity. DCWW and VoG Environmental Health can advise further on this. Waste Water Treatment Works Our West Aberthaw WwTW is currently overloaded and no improvements are planned within our AMP 6 Capital Investment Programme (2015-2020). A scheme of upgrades for this WwTW will form part of our submission to our Industry Regulator Ofwat for AMP 7. Should a landowner/ developer wish to progress the proposed development site prior to our Regulatory investment, they may fund a feasibility study which will identify the improvements required. Site MG2 (6) – Adj Froglands Farm, Llantwit Major (90 dwellings) Water supply A water supply can be made available to service the proposed development site, however extensive off-site mains may be required. Sewerage Network No problems are envisaged with the public sewerage system for domestic foul discharge from this proposed development. The site is crossed by a 225mm foul public sewer for which protection measures in the form of an easement width and/ or diversions will be required. Waste Water Treatment Works Our Llantwit Major WwTW can accommodate the foul flows from this proposed allocation. Site MG2 (7) – Eglwys Brewis Road (375 dwellings) Water supply A water supply can be made available to service the proposed development site, however extensive off-site mains may be required. Sewerage Network Our local sewer network is too small to accommodate the foul flows from this development. A hydraulic modelling assessment will be required to establish a point of connection to the public sewer system and / or any improvement work required. The site is crossed by two 150mm foul public sewers for which protection measures in the form of an easement width and/ or diversion will be required. Waste Water Treatment Works Our Llantwit Major WwTW can accommodate the foul flows from this proposed allocation. Appendix 1: An explanation of how the Requisition provisions of the Water Industry Act 1991 works. A statutory water and sewerage undertaker has a duty under Sections 41–44 (water) and 98 – 101 (sewerage) of the WIA91 to comply with a requisition. Notice served for the provision of a new water main or sewer and/or associated which is required for domestic purposes only. Developers usually serve Notice when requiring assets to be laid over private land. A water and sewerage undertaker has the power to lay pipes through private land, whereas the developer has not. Once the requisitioned asset is constructed and commissioned, the asset automatically vests with the water and sewerage undertaker who will be responsible for future operation and maintenance. The cost of the requisitioned scheme if offset by the income generated from the development over a period of 12 years. Should the income received be greater than the cost of the scheme, then there is a nil contribution from the developer. Conversely, should the income received fall short of the scheme cost, a developers’ contribution is required.
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