Campaigners are seeking to fight Cardiff Council in court over controversial plans to build a sewage pumping station in a popular park. Llandaff North Residents' Association is seeking a judicial review of the council's decision to grant Welsh Water planning permission for the development in Hailey Park.
Following the council's approval of the development on September 8 the association crowdfunded £5,000 to employ a senior barrister to advise them on their legal case and send a letter before action to the council on their behalf. The letter invited the local authority to concede to quashing their planning committee decision.
A Cardiff council spokesman confirmed that a letter of response was sent on October 21 stating that the issues in question will be contested if court proceedings are brought against the council. Following this t he association said its legal team had filed papers on Monday to apply for the judicial review, costing them a further £12,000 which they are currently crowdfunding.
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A High Court spokesman confirmed that they had received documents in respect of the case, listing Llandaff North Residents' Association as a claimant and Cardiff City Council as the respondent, but they added the claim was new and matters remained at an early stage.
The approved development would comprise the construction of sewage pumping station and associated compound within the park, with work carried out both under and above ground. Stephanie Wilkins, chair of the Llandaff North Residents' Association, said the focus of their legal challenge was how the council granted permission for the proposals. She and others allege the process was not done properly.
"The legal challenge is purely about the process. We're saying they didn't have the information in front of them to be able to make the decision," she said, adding: " One of the grounds is that the council didn't do an environmental impact assessment."
If a judicial review goes ahead and the association is successful Welsh Water would have to review their application and put in a new one. Ms Wilkins also said that residents believed the development does not need to go ahead. She referenced the fact Welsh Water said on its website that it would "work with the developer to explore other solutions" if planning permission was not granted.
"The message is loud and clear: we don't want developments on our green spaces and Welsh Water have already said they've got other options," she said. In addition to the legal campaign the campaigners have launched a petition calling on the council to reverse its decision allowing the land on Hailey Park to be leased for the overground work, including the sewage pumping station compound. Cabinet members voted to in favour of the lease on September 28.
The sewage pumping station will allow excess sewage from Plasdwr to be transported to Cardiff Wastewater Treatment Works via an existing sewage system. The development of Plasdwr in the north east of Cardiff means that more sewage will need to be transported to an existing waste water treatment works.
Cog Moors Wastewater Treatment Works (WwTW) does not have the capacity to take on all the sewage from Plasdwr so part of it will need to be transported to Cardiff WwTW in the south east of the city. The sewage pumping station, proposed for land near the Ty Mawr Road entrance to Hailey Park, will allow sewage from Plasdwr to be pumped up to an existing sewage system and transported to Cardiff WwTW.
For almost a year residents have opposed the plans. One of the chief concerns of residents and park users is the potential sensory impact the sewage pumping station could have on Hailey Park. There are also concerns about the potential impact on biodiversity, the value of housing in the area, and loss of green space.
Their campaign has garnered widespread support including objections from MS for Cardiff North Julie Morgan, Welsh Conservatives leader Andrew RT Davies, and MP for Cardiff North Anna McMorrin. In a formal objection letter to the planning application dated September 7 Ms McMorrin said she was concerned the development "does not align with the council's ambitions for a greener, more sustainable Cardiff". She added: "I am also concerned that this waste solution does not respond strategically to the desperate need to upgrade our waste and water infrastructure."
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