Ein cyf/Our ref:
SN68/GB/CAS-11067-R7N2
Eich cyf/Your ref: A150350
Swyddfa Llywodraeth Cymru/Welsh Government Building,
Rhodfa Padarn, Llanbadarn Fawr, Aberystwyth SY23 3UR
Ebost/Email: [email protected]
Ffôn/Phone: 03000 65 3000
30/10/2015
Er sylw / For the attention of: Jonathan Eirug
Annwyl / Dear Jonathan Eirug,
TOWN AND COUNTRY PLANNING ACT 1990
DEDDF CYNLLUNIO GWLAD A THREF 1990
BWRIAD / PROPOSAL:
Conversion of former chapel and vestry into boutique cinema and holiday let
LLEOLIAD / LOCATION:
Gerlan Chapel, High Street, Borth (SN608897)
Thank you for consulting Natural Resources Wales (email dated 23/09/2015) regarding the
above.
Natural Resources Wales brings together the work of the Countryside Council for Wales,
Environment Agency Wales and Forestry Commission Wales, as well as some functions of
Welsh Government. Our purpose is to ensure that the natural resources of Wales are
sustainably maintained, used and enhanced, now and in the future.
NRW objects to the application as submitted. There is insufficient information to
demonstrate that the consequences of flooding can be acceptably managed in accordance
with TAN15 over the lifetime of the development.
Flood Risk
The site lies within zone C1 of the development advice maps as defined under TAN15. Our
flood maps also indicate that the site is at risk of flooding. Section 6 of TAN 15 requires
your Authority to determine whether the development is justified at this location.
The application is for the conversion of a place of worship to a Boutique Cinema
(considered a Less Vulnerable development under TAN15) and a self-contained Holiday
Let (considered a Highly Vulnerable development under TAN15). In line with a recent
ruling in a planning appeal (PINS Ref: APP/M6825/A/15/3023037), NRW consider that a
place of worship should be classed as a Less Vulnerable Development. As such, the
proposed conversion to a residential property (classed as Highly Vulnerable Development)
would constitute an increase in vulnerability.
Tŷ Cambria  29 Heol Casnewydd  Caerdydd  CF24 0TP
Cambria House  29 Newport Road  Cardiff  CF24 0TP
Croesewir gohebiaeth yn y Gymraeg a’r Saesneg
Correspondence welcomed in Welsh and English
We have considered the flood consequences assessment (FCA) submitted in support of
the application (Ref: K0648/ACD). This was produced by Hydro-Logic Services dated
30/09/2015.
The tidal defences in Borth have been improved recently, giving a standard protection up
to the 1 in 100 year (1%) tidal event. However, TAN 15 states that the development must
remain dry in the 1 in 200 year (0.5%) tidal event. An allowance for an element of climate
change over the lifetime of the development must also be considered. This information is
shown as Table 4 in the FCA.
As part of the FCA process the period of time over which the implications of climate
change are considered is required. This is commonly known as the ‘lifetime of
development’ (LOD). In line with Welsh Government guidance, set out in their letter to
chief planning officers (January 2014), a LoD of 100 years is considered appropriate for
residential development.
No indication has been given as to the proposed finished floor levels of either the cinema
or the holiday let, therefore it is not clear whether either part of the development can
comply with Section A1.14 of TAN15.
You should also be aware that Table 4 gives a still water level, and does not take into
account the action of wind and waves. The FCA should consider further the implications of
wave overtopping and a breach of the sea defences at this location given that wave
overtopping has in the past resulted in flooding of the frontage of Borth in close proximity
to the site. Depending on the location, a breach of the defences could give rise to
significant depths (and velocity) of flooding.
The FCA has not demonstrated compliance with Section A1.12 which states that
evacuation/escape routes are to be operational under all conditions nor whether the
consequences of flooding can be managed in accordance with Section A1.15 of TAN15.
If any subsequent update of the FCA fails to demonstrate that the consequence of flooding
can be acceptably managed then the application should be refused in accordance with the
requirements of TAN 15.
Please note that, due to the likely significant flood depths which would be
encountered during the extreme flood event, it seems probable that further work on
the FCA may not be able to show that compliance with TAN 15 is possible.
Furthermore, we would draw your attention to Policy DM11 of the Ceredigion Local
Development Plan which stipulates:
“The LDP will help ensure that development addresses the implications of climate change
by requiring that:
1. Justified development in the flood zone is resilient and adaptable to the effects of
flooding; and
2. The long term sustainability of the development has been taken into account.”
www.naturalresourceswales.gov.uk
www.cyfoethnaturiolcymru.gov.uk
Page 2 of 4
Notwithstanding our objection to the application on flood risk grounds, the following
information and advice also applies:
Protected Species
Bats are protected under the Wildlife and Countryside act 1981 (as amended) and the
Conservation of Habitats and Species Regulations 2010 (as amended).
NRW is satisfied that the bat survey (Environment Systems, October 2015) has been carried
out to an acceptable standard. The bat report concludes that the proposed development is
not likely to impact adversely on the bats present at this site, provided that avoidance
measures described in the report are implemented and roosting opportunities are retained.
The recommendations proposed within the report under ‘Section 4.1. Recommendations’
should be adhered to by so as to avoid adverse impacts on bats. Also, the authority should
ensure that there is sufficient scope within any planning permission issued to allow the
mitigation recommended in the report to be implemented. The proposed mitigation should
be marked on the submitted plans to the satisfaction of the local authority.
Therefore, NRW does not object to the proposal on the grounds of protected species,
subject to all avoidance measures and suitable bat roosting resource being set out in a
method statement and secured through the inclusion of suitable planning conditions and/or
a Section 106 agreement.
The method statement should include, but not be limited to, timing of works, measures to
avoid killing & injuring bats during works, use of materials (such as timber, roofing
membranes), positioning and size of entrances, size & location of roosting areas,
vegetation retention/management, proposals for lighting as appropriate and should be
implemented as agreed.
This advice applies to the proposal in its present form. It is the understanding of NRW that
the chapel and vestry will not require re-roofing. However, if the plans change such that a
revised bat report is required and concludes that this is no longer a low risk case, please
consult NRW again.
The Natural Environment and Rural Communities (NERC) Act (2006)
Please note that we have not considered possible effects on all species and habitats listed
in section 42 of the Natural Environment and Rural Communities (NERC) Act 2006, or on
the Local Biodiversity Action Plan or other local natural heritage interests. To comply with
your authority's duty under section 40 of the NERC Act, to have regard to conserving
biodiversity, your decision should take account of possible adverse effects on such
interests. We recommend that you seek further advice from your authority's internal
ecological adviser and/or nature conservation organisations such as the local Wildlife
Trust, RSPB, etc. The Wales Biodiversity Partnership's web site has guidance for
assessing proposals that have implications for section 42 habitats and species
(www.biodiversitywales.org.uk).
www.naturalresourceswales.gov.uk
www.cyfoethnaturiolcymru.gov.uk
Page 3 of 4
To conclude, NRW objects to the application as there is insufficient information to
demonstrate that the proposals can proceed in accordance with TAN15 criteria. Should the
applicant decide to commission further works on the FCA, it remains unlikely that the site
would accord with TAN15 Guidance and we would sustain our objection.
Yn gywir / Yours sincerely
Geraint Blayney
Geraint Blayney - Development Planning Advisor
www.naturalresourceswales.gov.uk
www.cyfoethnaturiolcymru.gov.uk
Page 4 of 4