Wrexhamcounty Borough Council Executive Board 4 January 2011

WREXHAMCOUNTY BOROUGH COUNCIL EXECUTIVE BOARD 4 JANUARY 2011.

ADDENDUM TO AGENDA ITEM 6: PROPOSED EXTENSION TO THE CLWYDIAN RANGE AREA OF OUTSTANDING NATURAL BEAUTY (AONB)

Background

Since drafting the above report additional representations have been made by members of the local community about the exclusion of the CeiriogValley from the proposed extension.

This addendum updates the report, in particular paras 2.4, 4.6 and 5.2 concerning consultation, with a summary of additional representations received set out at Appendix 1. It also summarisesthe arguments for and against the inclusion of theCeiriogValley within the proposed extension, amplifying the issuesdescribed in paras 2.3 and 4.7-4.12 of the report.

Consultation

As a result of concerns raised by organisations and individuals in the CeiriogValley, CCW, who are the designating authority and responsible for undertaking public consultation on the proposal (see para 4.6), have extended the deadline for representations to be received to 31 January 2011 (previously 24December 2010). The Council set its own deadline of 22 December 2010 for representations to be included in this addendum.

CCW organised a public meeting on 6 December 2010 at Dolywern (see para 5.2). The meeting was attended by approximately 150 residents, landowners, farmers and representatives of business organisations. Comments and officer responses are summarised in Appendix 1.

Subsequently the Council has received a further 20 representations, many of which have been very detailed highlighting not just the scenic quality of the Valley, but also its historical and cultural importance, including from the Chirk and Ceiriog Valley Partnership and the Ceiriog Valley Action Group and thesecomments and officer responses are also set out at Appendix 1.

The main thrust of the representations has been abouta lack of consultation, although this has now largely been addressed by CCW by the measures outlined above, and objection to the omission of the CeiriogValley from the proposed designation. The vast majority of representations have indicated support for the inclusion of the Valley in the AONB, although concerns have been raised by landowners, farmersand Ceirog Uchaf Community Council (with the exception of one abstention).

It must also be borne in mind that the consultation is on a proposed boundary extension that does not include the CeiriogValley; the response may have been different if the extension included the Valley.

Criteria of including land within an ANOB

AONBs have a statutory basis and CCW (and eventually WAG) must assess land for inclusion against the following prescribed criteria:

It has natural beauty of national significance
There is evidence of existing pressures which are effecting natural beauty
It is desirable to designate an AONB to ensure the conservation and enhancement of natural beauty (the purpose for designation)
There is wide support for the designation

Benefits of including the Ceiriog Valley

Designation would give weight to the conservation of landscape in the valley. Large-scale development would have to be in the national interest to be permitted. Most small-scale residential, farming and rural enterprise development would be controlled to the same degree as by current development plan policies, but with greater emphasis given to the design and quality of the development.

A statutory management plan and a Joint Advisory Committee would bring a co-ordinated and focussed approach to landscape conservation and enhancement of the area.

Community initiatives related to the purposes of an AONB can be supported by match funding, small farm grants are available for enhancing landscape features, advice is available to assist with land management and skills training can be developed to address local issues.

The profile of the valley would be raised nationally and internationally with economic and tourism benefits.

Arguments against including the Ceiriog Valley

An AONB extension needs to have a boundary which makes sense in landscape terms, relates to the existing Clwydian Range AONB and is based upon national scale landscape units (e.g. DeeValley, Southern Clwydians). In this respect, the CeiriogValley is considered to be an integral part of the Berwyn landscape due to geographical, cultural and landscape character association and much of the Berwynlies south of the Wrexham and Denbighshire authorities within Powys and Powys have not been supportive of an AONB extension. To extend the AONB to the southern administrative Wrexham Boundary would result an arbitrary boundary dividing an integrated landscape unit.

The CeiriogValley is not experiencing the same pressures from tourism, traffic, built development or farming as the SouthClwydianRange and DeeValley. The valley’s inclusion without addressing these pointscould allow the proposed designation to be challenged. Valid evidence which is supplementary to the studies carried out to date by CCW would need to be submittedforCCW’sconsideration. The representations made on this point to the Council will be forwarded to CCW.

The scale of support or opposition for the inclusion of the CeiriogValley has yet to be fully demonstrated. The decision upon any revised boundaryto allow for the inclusion of the valley would require further public consultation on the entire proposal and may not achieve a consensus.

The potential tourism and economic benefits of inclusion are not acceptable criteria for AONB designation; it must be based upon landscape significance, landscape criteria and a need to conserve natural beauty.

Conclusion

The inclusion of the CeriogValley within an AONB has been a long-standing objective of the Council and specifically a policy in the UDP. However, the criteria for inclusion require this to be as part of an integrated landscape unit and the inclusion of the valley up to the administrative boundary would result in an arbitrary division of the Berwyn landscape unit. The proposal before the Board represents a logical extension to the Clywdian rangewith benefits for the areas included and should be supported on its own merits.

Additional Recommendation

That officers be given authority to deal with this matter as an urgent item of business under Standing Order 43(1) of the Councils Standing Orders, in order to forward the recommendations of the Board together with the public representations summarised at Appendix 1 to CCW before the deadline of 31 January.

Appendix 1: PROPOSED EXTENSION TO THE CLYWIDAN RANGE AONB: SUMMARY OF PUBLIC REPRESENTATIONS

A. Representations made at the Ceiriog Valley consultation event, Dolywern 6 December 2010

Ref / Name / Representation Summary / Officer Response
1 / Unrecorded / AONB proposal
Why has the CeiriogValley not been included within the proposed extension, when earlier documents show that it fulfils natural beauty criteria? / The CeiriogValley was included within the study area, which was assessed by landscape consultants to determine which areas met the criteria for AONB designation.
An AONB is a statutory landscape designation. A structured process is required and evidence must be presented that a proposed area meets the following criteria for AONB designation:

It has natural beauty of national significance
There is evidence of existing pressures which are effecting natural beauty
That it is desirable to designate an AONB to ensure the conservation and enhancement of natural beauty (the purpose for designation)
That there is wide support for the designation

In addition, the extent of the designated area and boundary setting at a broad scale was guided by the following:

The proposal is an extension to the Clwydian Range AONB. The extended area should have a physical and visual relationship with the existing Clwydian Range AONB
Consultants’ studies adopted an approach of using landscape units (national scale landscape areas) as a framework for assessment. These units included the ClwydianRange; The Vale of Llangollen/Dee Valley; and Y Berwyn.

Detailed considerations of the CeiriogValley
The natural beauty of Y Berwyn and the CeiriogValley isundisputed.
The assessment was centred on the Clwydian Range, Vale of Llangollen /Dee Valley and Y Berwyn and consideration was given as how to best manage and conserve the special qualities of these areas.
The landscape assessment and characterisation work has shown the CeiriogValley is an integral part of Y Berwyn landscape due to the geographical, cultural and landscape character association with this unit.
The studies identified Y Berwyn as a discrete and extensive landscape unit, of unique and differing character to the landscapes further north.
Pressures and issues, specifically those relating to development, traffic, tourism and farming, were found to differ in scale between the DeeValley and the wider Berwyn/Ceiriog Valley.
These factors, together with the availability of alternative management mechanisms led to the conclusion that Y Berwyn would not be considered for designation as part of this current exercise.
Desirability to designate has not been proven to be necessary and the historic association of the CeiriogValley with Y Berwyn landscape unit gives this area little relationship with the ClwydianRange which this proposal seeks to extend.
For these reasons the CeiriogValley has not been included within the proposed AONB extension area.
2 / ‘’ / Why has ChirkCastle been included and not the rest of the ChirkValley? / The Chirk Castle Estate and slopes above Ffroncysyllte lie at the end of the ridgeline which separates the Dee Valley and Ceiriog Valley – there is a physical and visual landscape relationship evident within local views between this hillside and both the Dee Valley and Ceiriog Valley to either side. Chirk Castle Estate fulfilled the criteria for designation and was included by virtue of close proximity to the core landscape units to the north (the Dee valley and Southern Clwydian hills). In more simple terms, the Chirk Castle Estate lies within a landform which frames the DeeValley and occupies an historic gateway into Wales.
3 / ‘’ / Not all Chirk Castle Estate has been included within the proposed boundary / The proposed boundary in this area was based upon LANDMAP character areas and the park boundary and its essential setting presented within the CADW register of historic parks and gardens.
The estate and boundary and proposed AONB boundary will be re-examined.
4 / ‘’ / How would the AONB work with WHS? / Both designations seek to protect different interests – one of built conservation and the other of landscape conservation interest. Both designations however have a common purpose to ensure national and international assets are conserved and managed appropriately.
2 sets of planning policy and planning guidance would need to be referred to in making decisions upon planning applications, but in practice there would be a common thread within any policy of Conservation and Enhancement. In practice the addition of an AONB designation is unlikely to introduce additional planning constrains over and above those established by WHS designation. Consistency in decision making across different authorities would be addressed by ensuring officer representation and collaboration within the most appropriate forums such as the WHS planning and landscape sub-group and AONB Joint Advisory Committee
5 / ‘’ / Why has the CeiriogValley been excluded within Wrexham Council’s LDP policy statement on the AONB? / The Unitary Development Plan was adopted in 2005 when the consideration of an extension to the existing AONB was in its early stages. The Local Development Plan was put on deposit in June 2010. During the intervening period a number of consultants reports progressed consideration of a proposed AONB extension and guided the decision towards the current proposed extension boundary. The planning policy statement reflects this decision.
6 / ‘’ / If the CeiriogValley has natural beauty and is worthy of being an AONB it must have been managed appropriately, therefore why is a designation needed? and how would designation change this? / CCW consider that the CeiriogValleyis not experiencing the same pressures from tourism, traffic, built development or farming as the SouthClwydianRange and DeeValley. This is one of the reasons why the Valley has not been included within the proposed AONB extension.
7 / ‘’ / What’s all this costing? / Matter for CCWto comment upon.
8 / ‘’ / What are the benefits? / See cover sheet to this report.
9 / ‘’ / Designation would mean CCW will end up managing our land / CCW do not take over responsibility for land management or impose land management decisions. CCW provide funding to an AONB unit which has responsibility for delivering the purpose of an AONB – namely the conservation and enhancement of natural beauty. The AONB unit can assist land owners and the community in projects which conserve and enhance the landscape, through providing match funding, small grants, advice and practical skills
10 / ‘’ / This will place more restrictions on farmers putting up farm buildings / cost them more / National and local planning policy is already clear in how agricultural development is to be planned and designed to ensure landscape and visual impact is minimised. Special Landscape Area policy already applies to areas of WCBC considered for inclusion within the proposed AONB extension, plus the CeiriogValley. This policy already requires development to conform to a high standard of design and landscaping.
An AONB designation would not impose additional planning restrictions.
The proposed designation may increase recreation. How will the impacts of this be addressed? / It is accepted that national landscape designations can draw tourism and recreation to an area. An AONB designation puts in place mechanisms to address issues which have been identified as effecting natural beauty. The management of recreation where it is affecting natural beauty would be addressed by seeking to develop appropriate solutions.
For example, publicity, lobbying interest groups andpartnership working between Denbighshire countryside services and the police is seeking to manage illegal off-roading onLlantysilloMountain
11 / ‘’ / Consultation responses
You are requiring people to use technical arguments in their response to justify the inclusion of the CeiriogValley. This won’t happen / CCW acknowledged on the night that all representations would be considered
12 / ‘’ / Is there anything we can do which will extend the boundary and influence CCW decision, or this proposal set? / CCW responded that public consultation is part of a statutory process and is to allow all views about the proposal to be raised and considered by the CCW Council.
13 / ‘’ / Are we beyond the process and too late to change the boundary? / After consideration of consultation responses CCW may decide to proceed with the proposed designation, proceed with a revised boundary – which could trigger further public consultation, or not to proceed with a designation
14 / ‘’ / Can CCW demonstrate that our views will be listened to / CCW will compile a list of representations received and officer response, to be considered by CCW Council
15 / ‘’ / Consultation process
We are disappointed to have not been consulted earlier, or involved within the process. We have had a long standing interest in the CeiriogValley being an AONB / It is unfortunate that residents of the CeiriogValleyonly found out about public consultation relatively late within the process. CCW who are responsible for the public consultation exercise feel they met the requirements for consultation:
A 3 months public consultation period to meet statutory requirements was to be undertaken. Letters concerning the consultation were sent out by CCW on the 30th September. They went to the clerks of all community councils within and adjacent to the proposed extension area. An evening consultation event was arranged specifically for community councillors at Llangollen on 11th October. 4 evening public consultation events and 4 drop in sessions were arranged and held 2 within the County Borough. A press release was sent to local papers. Posters were distributed to libraries, the planning reception and tourist information centre within the County Borough.Public consultation was advertised on the WCBC’s website and CCW website.
The Council’s Landscape Officer gave a Members training presentation to the Planning Committee in July 2010 notifying them of the forthcoming public consultation, the boundary and exclusion of the CeiriogValley;a Member’s Briefing note in September and wrote to the planning committee in September with a background report. He also gave a presentation to the Local Access Forum in November.
The Consultation has been widely publicised and community representatives given notice and invited to consultation events. It would not be unreasonable to expect the information to be disseminated to interested members of the community through the above mechanisms.
It is acknowledged that interest groups within the CeiriogValley were not contacted. This was due to officer changes within both WCBC and CCW who were not aware of interests throughprevious historic LANDMAP studies and AONB discussions.
In response to the interest raised within the CeiriogValley, CCW agreed to hold a public meeting in Dolywern on 6th December and to extend the consultation period by 1 month to 31st January.
16 / ‘’ / Glyntrarian community council did not receive notification of public consultation / The Clerk of Glyntrarian community council confirmed that the community council had received the consultation letter from CCW and that he brought the event to people’s attention but there was no interest.
17 / ‘’ / We only have 18 days left of the consultation to comment. We only found out 2 weeks ago that the valley had been excluded from the proposal / See response to representation 15
18 / ‘’ / This process has been going for 9 years, we only know now / AONB designation is a statutory process which has required a number of technical reports to be undertaken. The review is a technical and complex process which has taken this long to develop. This is the first AONB designation to be considered by CCW, the last one to be designated in Wales was 25 years ago.There is no statutory definition of ‘natural beauty’ and criteria for its assessment needed to be developed. Workshops were held in 2006 and 2007 to allow discussion and consensus on what constitute special qualities of the landscape. A number of Landscape consultants assessed the study area to consider whether it fulfils the criteria for designation. Public consultation is part of this statutory process and allows public discussion at a point when a firm proposal/boundary is available.
19 / ‘’ / The consultation period needs to be extended to the end of January / CCW has agreed to do this.

Representations received by the Council