A legal challenge to stop a sewage pumping station from being built in a Cardiff park has taken a major step forward. In October Llandaff North Residents' Association sought a judicial review of Cardiff Council's decision to grant Welsh Water planning permission for the development in Hailey Park.
On Wednesday, February 15 the association learnt that permission had been granted for their application. A High Court spokesperson has confirmed to WalesOnline that permission had been granted for the judicial review and they were in the process of listing it for a hearing.
Meanwhile, a council spokesperson has said the authority intends to contest the matter in court. Stephanie Wilkins, chair of the Llandaff North Residents' Association, previously said the focus of their legal challenge was how the council granted permission for the development.
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She and other campaigners allege the process was not done properly. "The legal challenge is purely about the process," she said. "We're saying they didn't have the information in front of them to be able to make the decision. One of the grounds is that the council didn't do an environmental impact assessment."
Following the news of the approval Ms Wilkins told WalesOnline she thinks the judge's decision to hear the case was testament to the strength of their challenge. "Our solicitor said about 80% of cases don't get accepted at that stage," she said.
"You have to go to an oral hearing, which is a day, and it would have cost us about another £6,000 or £7,000 and the barrister has to make the case why it should be heard.. So the fact that we have not had to do that proves that we've got a very strong case. Ever since we got in touch with our legal team, the barrister's advice was that we have grounds for our legal challenge. We're quite confident we'll win it."
But despite being pleased with the news, Ms Wilkins said she hopes the hearing will not have to take place. "We are hoping that we are not going to get that far, because it's going to cost us money, it's going to cost the council money - which is in effect our money as well, because it comes from the taxpayer.
"I think the council need to have a look at themselves and stop it here. It's a cost of living crisis - we would rather not have to raise the money to go all the way. We'd rather the council not be spending our money to fight us - its own citizens, residents."
She claimed the council had not heard residents' complaints and that they had sought a meeting with council leader Huw Thomas over the matter, adding that it was "quite evident the community are against it." If the campaigners are successful, Welsh Water would have to review their application and put in a new one. Ms Wilkins and other residents have maintained their belief that the development does not need to go ahead in the park.
She referenced the fact Welsh Water previously said it would "work with the developer to explore other solutions" if planning permission was not granted. "The whole point is, Welsh Water said they could find alternative options. We say to Cardiff Council, look, this is ridiculous now. They need to tell Welsh Water to find that other solution and then save us money and save them money."
Campaigners recently launched a fresh petition calling on the council to delay Welsh Water's construction work on the park, to remove Hailey Park from its Annual Property Plan and to reverse its decision to lease the land. Cabinet members voted to in favour of the lease on September 28, 2022.
"Cardiff Council could stop this tomorrow just by refusing Welsh Water the lease for the sewage pumping station. To go ahead with the scheme, Welsh Water need two things - they need the planning permission, which they've got but we're challenging, so they might not get it, and then they also need to own or lease the land."
The sewage pumping station will allow excess sewage from Plasdwr, a planned new suburb of approximately 7,000 homes in the north of Cardiff, to be transported to Cardiff Wastewater Treatment Works via an existing sewage system. The development of Plasdwr 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 over a year residents have opposed the plans, citing 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."
A spokesperson for the High Court said: "Permission has been granted on paper for the judicial review to proceed, but we have not listed it for a substantive hearing yet. We are in the process of listing it for a hearing." A Cardiff Council Spokesperson confirmed that the council will be contesting these matters in court.
Welsh Water said on its website it had intended to start its work in Hailey Park this month but "due to a number of outstanding issues and the close proximity of the bird-nesting season" it was now planning to begin work on site in September. It added: "We will continue with our preparations and keep the construction timetable under review. As soon as a new start date is confirmed we will let local residents and stakeholders know." A Welsh Water spokesperson declined to comment further.
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