Cardiff city council’s decision to designate land for nature conservation has been overturned by the High Court.
Mr Justice Ouseley quashed the council’s decision to set up a local nature reserve around Llanishen reservoir in Wales.
The judge said the council’s decision had led to a conflict of interest between leisure and conservation uses of the land.
He said that land to be managed in the interests of nature conservation must not be compromised by its use for people’s leisure pursuits.
The decision was a victory for reservoir owner Western Power Distribution, which has been trying for more than nine years to build homes in the area.
The judge said: “WPD is engaged in a long-running planning battle with the council and Welsh ministers over its plans to develop Llanishen reservoir for uses including residential, sailing and areas of nature conservation.”
“The council’s intentions, however laudable, show that it cannot square the circle and in reality does not intend to, however much it might wish and hope that it could.”
Karen Jones, partner at law firm Blandy & Blandy, said: “This case highlights the fact that restrictions which on the face of it appear to be complementary may not always be so and clearly were in direct conflict here – one permitting the use of the reservoir for leisure purposes and the other seeking to restrict use. It is not clear however how the areas of residential development proposed would satisfy the public access and recreation test of the statutory trust and it will be interesting to see if the local authority seeks to clarify this aspect by possible appeal to the Court of Appeal.”
annabel.dixon@estatesgazette.com
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