Agenda and minutes

Item 8: DM/2021/00357 Provision of 120 dwellings on parcels B and C2 - Rockfield Farm, Undy, Monmouthshire, NP26 3EL - County Councillor Tony Easson declared a non-prejudicial interest as Chair of Licensing and Regulatory Committee in respect of the footpath extinguishment and realignment that may be consulted upon.

The minutes of the meeting held on 4^th October 2022 were confirmed as an accurate record.

We considered the report of the application and late correspondence received which was recommended for approval subject to the conditions outlined in the report. Presented to Planning Committee due to a request by the ex-ward member, an objection from the local community council and objections from five households.

Having considered the report of the application, the following points were noted:

·         The agricultural field has lorries and equipment.  The application allows the return to agricultural use.

·         A recommendation was suggested to limit the times trailers access the field in terms of lighting.

·         Confirmation was also requested of the number of people employed during events.

·         It was queried if the security floodlight is properly shielded in respect of light pollution.

The Development Area Manager responded:

·         Land use is under consideration so the numbers employed is not material to application.  Officers’ views are that it is appropriate use of land.

·         In terms of late-night use, any activity connected to storage use would be controlled by the operating hours condition. Works within the B8 use outside those hours is a breach of conditions and would be addressed by the planning enforcement function.

·         The floodlights are on existing buildings and there are no permitted

development light restrictions in place.  This aspect can be looked at separately.

It was proposed by County Councillor M. Powell and seconded by County Councillor S. McConnel that application DM/2019/01684 be approved subject to the conditions outlined in the report.

Upon being put to the vote the following votes were recorded:

For approval                - 13

Against approval         - 0

Abstentions                 - 0

The proposition was carried.

We resolved that application DM/2019/01684 be approved subject to revised condition 10 as follows: Within 3 months of the date of this decision a restoration plan of the adjoining agricultural field (edged in red in the South East corner of the site as

shown on drawing R M Hockey Scale 1:1250) shall be submitted for approval in writing by the Local Planning Authority. The plan shall include details of the removal of any hard surfacing and its return to grassland, it shall also include a timetable for implementation. The approved restoration plan shall be implemented in accordance with the approved details and timetable.

REASON: In the interests of visual amenity, LDP Policy DES1.

We considered the reports of applications DM/2020/00762 and DM/2020/00763  together and with late correspondence, which were recommended for approval subject to the conditions outlined in the report.

Councillor Graham Rogers, Llangybi Community Council, attended the meeting and outlined the following points:

·         The commercialisation proposed will impact on the users of the Water Sports Centre which was originally granted permission for the exclusive use for water-based activities.

·         The impact on local residents of noise, light pollution, traffic and the general wellbeing of visitors who wish to walk or sit quietly enjoying nature are important considerations.

·         Many rare birds visit the site; the reservoir and surrounding land is a designated Site of Special Scientific Interest (SSSI). All public bodies must take reasonable steps to further the conservation and enhancements of the reasons for the SSSI.

·         In Planning Policy Wales 11 there is a presumption against development likely to damage a SSSI echoed by Julie James MS for Climate Change, who proposes that the policy protection afforded to the SSSI needs to be strengthened. The proposals will not enhance the SSSI.

·         The proposals will damage the site and disturb over-wintering birds.  Suggestion that this will not occur is based on a wintering bird survey which is lacking in robustness.

·         If permission is granted, a further condition is suggested that no indoor events extend after 5pm between 1^st November to 28^th February to minimise the risk to overwintering birds.

The Local Member for Llangybi Fawr, also Planning Committee Member outlined the following points:

·         Urged deferment, or referral to Delegated Panel, for more in-depth surveys to ensure the SSSI will not be affected and no detrimental effect on wildlife.

·         No plausible justification to extend opening hours other than monetary.  No objection to holding business meetings but object to indoor and outdoor functions.

·         Introducing more human activity and loud music will have a negative impact on wildlife.

·         The Senedd introduced a nature emergency in 2021.  This application will be an overdevelopment of an SSSI site.

·         Torfaen CBC has a holding objection due to lack of evidence in surveys.

·         There are winding, narrow country lanes to access the site with no public transport so private vehicles and minibuses accessing functions will pose a threat to wildlife (badgers and otters especially in later evenings or early mornings) with no mitigation.

·         Residents will be impacted by large numbers of vehicles late at night

·         Lack of wintering bird surveys conducted.

·         Concerned that sound tests highlighted noticeable changes in behaviour of mallards.

·         Multiple organisations representing custodians of the environment have objected.

·         Referred to letter from Coed y Paen Residents Association suggested that if approved, consideration is given to amending the conditions

1.    Conditions 2 & 3: Suggested development only starts once the reports mentioned in Condition 4 have been supplied and reviewed by the planning authority. Also, to remove the phrase “subsequent year”.

2.    Condition 10:  It is requested that officers investigate an ongoing issue and clarify how the Committee can be satisfied that the light spillage has not  ...  view the full minutes text for item 5.

The application was considered together with DM/2020/00762

Upon being put to the vote the following votes were recorded:

For approval                - 2

Against approval         - 11

Abstentions                 - 0

The proposal based on the officer’s recommendation was rejected.

We resolved that application DM/2020/00762 be deferred to be refused

Proposed by CC Ben Callard and seconded by CC Jan Butler reason of refusal was based on ecological reasons but, as per adopted protocol, the matter would be reported back to a subsequent Committee for a reason for refusal to be debated.

County Councillor Tony Easson declared a non-prejudicial interest as Chair of Licensing and Regulatory Committee in respect of the footpath extinguishment and realignment and may be consulted upon.

We considered the report of the application and late correspondence received which were recommended for approval subject to the conditions outlined in the report, and to defer the matter to delegated panel to resolve the issues of how to overcome the adoption of the highway.

The Local Member for Magor East with Undy, also Planning Committee Member outlined the following points:

·         Highways refers to the impact of the existing public highway boundaries of Silurian Road and Elms Road where there are unresolved issues of property boundaries and parking issues

·         How will access/egress to the site be managed.

·         Lack of infrastructure

·         The developers have chosen to retain the public highway with appropriate demarcation and to provide segregation between the plots. This needs to be resolved.

·         There are concerns over the proposed proximity of plot 64 where there is a significant swathe of public Highway between the footway and the front of the dwelling. It is likely that the public Highway will be incorporated within the plot boundary. The plot layout could be changed or the applicant apply to extinguish the public Highway outside all plots.

The Senior Development Management Officer responded:

·         The extinguishment is acknowledged, and it is noted that the public Highway runs along the front boundary of the plots. The main concern is plot 64 which has the largest expanse of adopted Highway within the front garden.

·         The key issue is to ensure there is no housing or built form within the Highway location; which there is not.

·         Highways has no objection to the extinguishment of the highway. We seek to take the means of resolving the highways issue to delegated panel.

·         In terms of access, this would be via the B4245 and through the new development. This allocation forms part of a wider plan

potentially linking to developments that have been approved on Vinegar Hill and to Grange Road. This will be considered later.

The Local Member for Magor East with Undy continued:

·         There are unresolved issues e.g. the objection from the bio-diversity officer on at least eight points of concern. For example, there is no explanation how lost hedgerows will be replaced, nor how adequate provision for bats and birds made.  It was responded that the most recent comments from the ecologist have removed the objection being satisfied with the proposed enhancements. A length of hedgerow was previously damaged through no fault of the applicant, but they have compensated with replanting of hedgerows throughout the site.  Hedgerows and native hedgerow planting are proposed around the sink.

·         The objection from public rights of way states that concerns can be addressed through the imposition of the condition in the report but there are other concerns.  The applicant fails to acknowledge Public footpath 372/23 and the plan should be resubmitted including detail of the public right-of-way crossing and adjoining the site and  ...  view the full minutes text for item 7.

We considered the report of the application and late correspondence received which was recommended for approval subject to the conditions outlined in the report, and the additional condition to secure implementation of the soft landscaping scheme.

The Local Member for Llangybi Fawr, also Planning Committee Member outlined the following points:

·         Welcomed the application that meets the needs of the local development plan and the gypsy and traveller guidance from Welsh Government.

·         Clarification was requested regarding the need for thirteen pitches, and if this pitch would contribute to the thirteen.

·         Damaged hedgerows had not been reinstated but was included in the conditions.

·         Concerns raised on the planning application web site had been answered in the officer’s report.

·         The site is well kept, well laid out, and is to accommodate a family member.

·         The application was supported with officers’ recommendations

The Head of Planning confirmed that our gypsy and traveller assessment confirms the authority has to make provision for thirteen pitches. The pitch in question would meet part of that need.

It was proposed by County Councillor F. Bromfield and seconded by County Councillor M. Powell that application DM/2021/02005 be approved subject to the conditions outlined in the report and the additional condition to secure implementation of landscaping.

Upon being put to the vote the following votes were recorded:

For approval                - 12

Against approval         - 0

Abstentions                 - 0

The proposition was carried.

We resolved that application DM/2021/02005 be approved subject to the conditions outlined in the report.

We considered the report of the application which was referred by the Delegation Panel and is recommended for approval subject to the conditions outlined in the report with the additional condition as presented today as follows:

·         Prior to the initial production of canned spring water, a noise management plan should be submitted and approved in writing by the local planning authority. The noise management plan should detail measures that will be implemented to manage noise from the proposed development, including operating hours, to prevent impact on the amenity of residents living in the locality.  The proposed development shall therefore be carried out in accordance with the noise management plan in perpetuity, unless otherwise agreed in writing by the local planning authority. Reason: To protect the amenity of neighbouring properties and to ensure compliance with LDP Policy EP1.

The Local Member for Llangybi Fawr, also Planning Committee Member outlined the following points:

·         The application to create a diversified farm business was welcomed.

·         Spring water is already being extracted and stored on site.  Natural Resources Wales has no concerns other than noting that if the business is expanded, this would warrant a planning application and a license will also be required.

·         In terms of the road to the farm, this is frequently used by HGVs to several farms, it was suggested that one additional HGV per week would not cause a detrimental effect.

·         The planting of fruit trees was welcomed for the wildlife and biodiversity on the farm.

·         The canning process is planned to be sustainable and carbon neutral.

·         The applicant has been sympathetic to the design of the building and kept it aligned to buildings on the farm.

·         Very little noise will be generated from the canning process.  Business hours will be 7am to 6pm (Monday-Saturday)

No speakers from Llantrisant Community Council were present. At the Chair’s discretion, Jonathan Eadie, spoke on behalf of residents of three properties impacted by the application excluding the applicants’ properties. 

·         The three properties are supplied by a borehole and sited off the Old road, Llantrisant abutting Wentwood Forest and are omitted from the report. 

·         NRW has assessed water requirements for the farm, current, and approved dwellings, and the new canning operation.

·         Environmental Health wants to consider noise levels of the proposed operations in an inferior single skin, uninsulated metal shed.  Noise emanating from the valley side is amplified upwards contrary to the report and is not mitigated by vegetation as recessed in the valley. A noise management plan was requested.

·         The proposal offends NRW’s duty under the Future Wales National Plan to balance current and future water needs (environment, society, and economy).

·         Extraction and removal from site reduces water resilience and places incremental strain on a single source. Reduced water levels and borehole pressures threaten viability of existing homes and businesses.

·         Tankers bringing water from offsite sources increases noise and traffic

·         Similar ventures have scaled to 24/7 operation with increased noise and traffic, and other adverse outcomes.

·         Unsuppressed manufacturing noise for 48 hours over a  ...  view the full minutes text for item 9.

Application DM/2022/00484 was deferred to December 2022 meeting.

We received a Planning Inspectorate Appeals decision regarding 2-4 Monnow Street, Monmouth (a planning application to change from A1 use (Music Shop) to an adult gaming centre). The application was refused by officers under delegated powers citing concerns on vitality attractiveness and viability of our central shopping area. It was appealed and the inspector didn't feel that such a use would cause unacceptable harm and would safeguard the vitality and viability of the town centre and was compliant with our one of our retail policies (RET2) in the current local development plan.

The inspector observed some vacant units in the Town Centre noting that it would retain a shop front and that it was not evidenced that it wouldn’t attract footfall.

Officers’ decision was overturned, and planning permission granted.

The following points were noted:

·         The two carousels in the window must be moved following an appeal to the Gambling Commission.

·         The Town Council was very disappointed about this decision and it has been recorded in the local press as a Welsh government decision rather than being that of an independent inspector.

·         It was queried if all the conditions been met with the correct documentation. It was responded that an application has been made to the local planning Authority in respect of conditions 3 and 4 and consultation is in progress with  the relevant consultees in respect of noise management , and the scheme of enhancement has been consulted on with our ecologists.  The application is currently pending consideration.

·         It was clarified that the centre can be used by over 18s.