Agenda and minutes

We elected County Councillor R. Edwards as Chair.

We appointed County Councillor P. Clarke as Vice-Chair.

County Councillor G. Howard declared a personal, non-prejudicial interest pursuant to the Members’ Code of Conduct in respect of applications DM/2019/01004 and DM/2019/02012 as he is a member of Abergavenny Civic Society and had taken no part in the consideration of these applications as a member of this society.

The minutes of the Planning Committee meeting dated 1^st September 2020 were confirmed and signed by the Chair subject to the following amendments:

Application DM/2020/00234 – Page 3 – include an additional bullet point:

·         The reason for refusal of deferral for a site visit was due to most Members knowing the Vinegar Hill area and the cost / delay as a result of Covid-19.

Application DM/2020/00883 – Page 12 – bullet point 5 be amended as follows:

·         That consideration of condition 3 be deferred to the next Planning Committee meeting to seek amended plans to demonstrate whether or not that up to four touring caravans can be accommodated on site plus space for parking and turning, as well as two park homes and utility blocks.

We considered the report of the application and late correspondence which was recommended for approval subject to the 15 conditions outlined in the report and subject to a Section 106 Legal Agreement.

Llanfoist Community Council, objecting to the application, had prepared a written statement which was read out to the Planning Committee by the Head of Planning as follows:

‘Llanfoist Fawr Community Council has raised a number of detailed objections to this proposal during the relevant statutory consultation opportunities. These are documented and remain valid.

This said, the Community Council would like to submit this statement to Planning Committee to reinforce its objection to this application and to add emphasis regarding the sheer scale of the development.

Members of the Community Council considered it difficult to accurately appreciate the scale of the development and the impact on adjacent properties from various iterations of submitted elevation plans. On closer examination, it would appear that the scale of the development would be on a par with certain elevations of local commercial premises such as the Premier Inn and Waitrose. Clearly, this is unacceptable in the more traditional residential area of Llanfoist. The impact is exacerbated by an elevated location at the junction of the B4246 and B4269.

Furthermore, LDP 5.135 states: ‘There is a need to ensure that all new development is of a high quality, sustainable and inclusive design and respects and enhances its surroundings. Development of an inappropriate scale and character will not be supported.’

The Community Council would strongly argue that this development will not enhance its surroundings and is clearly of ‘an inappropriate scale’ for the location i.e.: among smaller residential homes.

Members of Llanfoist Fawr Community Council would strongly urge refusal of this application.’

Mr. P. Rennie, objecting to the application, had prepared a video which was presented to Planning Committee and the following points were outlined:

·         The development is described as being an active living retirement apartment complex that is environmentally friendly, but it is none of these things.

·         The luxury apartment block is for wealthy people over the age of 60.

·         The scheme also demonstrates no genuine commitment to sustainability.

·         This development was originally registered for planning permission in December 2018 on the last working day before Christmas.  The Christmas break delayed notification to neighbours reducing the period of public consultation to the bare minimum before the statutory decision date.

·         Residents complained that a large development required a public consultation and the developer was forced to withdraw the application.  However, this was to reissue the proposals on a questionnaire.  There was no attempt to explain the proposals or have any opportunity to raise questions. Residents were required to navigate many technical documents online.

·         The application was submitted and proposals amended with revised proposals uploaded in June and October 2019 and in February and July 2020.  There was no clear explanation of what changed and no attempt to address the fundamental principle the community objected to.

·         It is important the Planning Committee looks back  ...  view the full minutes text for item 5.

We received the report of the application and late correspondence which was presented for refusal for one reason outlined in the report.

Mr. M. Gray, representing the applicant’s agent, had prepared an audio recording which was presented to Planning Committee and the following points were outlined:

·         Approval of the application would bring significant benefits to the locality providing 24 extra care units to be occupied by people over the age of 55. Research has identified that there is a critical need for this type of accommodation in Monmouthshire.

·         20 new jobs will be created directly linked to the proposal with significant further benefits for the supply chain.

·         The expansion of the operation of Fox Hunters Care Home, a scheme in which the residents of Llanfoist have expressed support for both during the public consultation event in November 2019 and as evidenced by the number of significant letters of support for the application.

·         The recommendation for refusal is made on the grounds of non-compliance with the allocation of the site for the purposes of Class B uses in the Local Development Plan (LDP).

·         All other matters have been responded to positively by statutory consultees.

·         At the point of adoption of the LDP in 2014, the wider West Gate site was allocated for Class B purposes.

·         There has been a material change in circumstances in respect of the format and use class of each approved development at the wider West Gate site.

·         Consents on neighbouring sites have allowed for a hotel, two drive throughs, a pub restaurant and a care home. None of these would be classified as Class B use.

·         In respect of potential uses for the site in accordance with its allocation, the comments from the Policy Department in the report acknowledges that an industrial use may no longer be suitable in terms of noise, working hours, traffic mix and associated movements of HGVs.

·         The Covid-19 health crisis has had a direct impact on the property market in respect of the occupation of Class B floor space and planned construction projects.

·         The Bank of England has predicted that the UK could face its deepest recession in over 200 years.  It is therefore suggested that the proposed use of the site for the purposes of 24 extra care units owned and operated by the adjacent Fox Hunter Car Home represents a sensible use of the site.  The proposed development will complement the existing care home in addition to providing high quality bungalow accommodation for those over 55.

·         There is a critical need for additional extra care accommodation within Monmouthshire.  Research undertaken has identified a substantial unmet need and major shortfall for extra care units within Monmouthshire. Researchers had identified a shortfall in supply of 397 units which is only likely to increase as time goes on. Whilst the proposed development will not comprehensively satisfy this requirement, it will make a vital contribution to the provision of such accommodation within Monmouthshire.

·         To refuse the application would represent a significant missed opportunity  ...  view the full minutes text for item 6.

We considered the report of the application and noted that the planning application had been considered by Planning Committee on 1st September 2020 where a split decision had been undertaken regarding the proposals to vary condition 3 and remove condition 4 of the previous planning consent DM/019/01480.   The Planning Committee resolved to refuse the removal of condition number 4 and agreed with the officer recommendation to reword the condition accordingly as outlined in the report of the application.   This element of the application has been determined.   

The Planning Committee deferred consideration of the variation of condition 3 which seeks to enable up to four touring caravans to be parked on site for the use permitted under planning permission DM/2019/01480.  This element of the application had been deferred to seek amended plans to demonstrate whether or not that up to four touring caravans could be accommodated on site plus space for parking and turning, as well as two park homes and utility blocks.  

The recommendation of officers is that the variation of condition 3 is approved to allow the site to accommodate up to four touring caravans at the site as outlined in the previous report of the application.  

Should Members not accept that recommendation, the report offered two reasons for refusal of the variation of condition 3, outlined below:

1. The siting of touring caravans at the site would represent an overdevelopment of the site that would have an unacceptable impact on the visual amenity of the area.  The development is therefore contrary to Policies DES1 (b) (c) (e), EP1 and LC5 of the adopted Monmouthshire Local Development Plan.

2. The siting of touring caravans at the site would have an unacceptable impact on highway safety given the inability for the caravans to be towed from the site safely contrary to the requirements of Policy MV1 of the Monmouthshire Local Development Plan.

The local Member for Shirenewton, also a Planning Committee Member, outlined the following points:

·         The decision today is to determine whether four touring caravans could be added to the site.

·         The local Member considers that nothing has changed since the original application.

·         To allow the four touring caravans is still an over development of this modest site with added visual amenity issues.

·         The local Member is pleased that the caravans are located at the top of the site and that scale plans have been provided.

·         The application site is a field in front of the Border Waste Crick site which is a shared joint access of the A48 Road.  The application site area is enclosed by a gate and timber fencing.

·         The land at the back of the application site is the former Border Waste Crick site consisting of a former quarried area which leads to a field next to the motorway.  It is presumed that the access is still owned by the original owner as the applicant only has a right of access over it.  There is no other access to the Border Waste land at the  ...  view the full minutes text for item 7.

We received the Planning Inspectorate report which related to an appeal decision following a site visit that had been held at Lower Cwm Farm, Brynderi Road, Brynderi, Llantilio Crossenny, Abergavenny on 10th August 2020.

We noted that the appeal had been dismissed.

We noted the new appeals received between 1^st July and 28^th September 2020.