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Agenda and minutes

Venue: Remote Microsoft Teams Meeting

Contact: Democratic Services 

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Media

Items
No. Item

1.

Declarations of Interest

Minutes:

County Councillor A. Easson declared a personal, non-prejudicial interest pursuant to the Members’ Code of Conduct in respect of application DM/2020/01328, as he has a personal acquaintance with the applicant.

 

County Councillor R. Greenland declared a personal, non-prejudicial interest pursuant to the Members’ Code of Conduct in respect of application DM/2020/00875, as the site of the application is visible in the distance from part of his driveway. It is so far away that it does not impact on his property. The officer report mentions the nearby Church of St. Thomas à Becket. He has worshipped at the church for many years.

2.

Confirmation of Minutes pdf icon PDF 137 KB

Minutes:

The minutes of the Planning Committee meeting dated 3rd November 2020 were confirmed and signed by the Chair.

3.

Application DM/2020/00712 - Retrospective planning permission for altered vehicular access. Field (2140) Weyloed Lane, Mynyddbach, Chepstow, NP16 6BU pdf icon PDF 179 KB

Minutes:

We considered the report of the application and late correspondence which was recommended for approval subject to the five conditions outlined in the report.

 

Councillor I. Martin, representing Shirenewton Community Council, had submitted a written statement outlining the community council’s objections to the application which was read to the Planning Committee by the Head of Planning, as follows:

 

‘In our response on 7th August Shirenewton Community Council highlighted four issues which require updating:

 

1. Highway safety. We remain concerned as do at least 6 neighbours, that widening the access risks greater usage including larger longer vehicles and/or machinery requiring a wide turning circle and very slow speed on exit from the site. This is on a blind bend and at the junction of the B4523 with Weyloed Lane thereby creating a considerable road safety hazard to other road users particularly the many cyclists and motorcyclists.  We maintain our objection to the application on the grounds of highway safety.

  

2. The route of footpath 17. Having referred to the maps showing the legally defined footpath we observe that the route of footpath 17 has been abandoned (“Abandoned Footpath”) through the site. The public have used an established unrecorded footpath for at least 40 years (“Alternative Footpath”). We understand that in the 1980s Monmouthshire County Council erected a footpath, steps and sign for this Alternative Footpath.

 

We agree with the Footpath Officer in his report of 30th October that the Abandoned Footpath cannot be used on its legally recorded alignment.

 

We understand that the Footpath Officer does now have concerns over the footpath route and the Planning Officer's report that he has no objection is no longer correct.

 

Any proposal to reopen the Abandoned Footpath would be heavily criticised by the local community for its negative impact on our environment and posing a safety threat as it would emerge on the B4523 on the blind bend mentioned above.  The adverse gradient at the bottom of Weyloed Lane causes traffic travelling in both directions to use that side of the road. Residents have raised the dangers of pedestrians crossing this particular intersection. The Alternative Footpath is in a safer location.

 

Clarification of the applicant's amended plan is needed as it does not show the installed fence posts extend beyond the canopy of the oak tree and incorrect in not following the Abandoned Footpath.

 

Monmouthshire County Council’s Footpath and Protocols guide makes clear the Planning Authority can consider the existence of the Alternative Footpath needs to be resolved in association with the consideration of the planning application. We consider the application should be refused or deferred until the footpath route is settled. 

As the applicant intends to keep animals on the site then if the Committee is minded to give consent we would request that the Alternative Footpath be protected and fenced for the safety of the public.

 

3. Tree preservation orders. We endorse the Tree Preservation Officer's site requirements.

 

4. Removal of the hedgerows. If the Committee is minded to give consent we  ...  view the full minutes text for item 3.

4.

Application DM/2020/00875 - Change of use of stable block to self-contained holiday accommodation. Stables, Church Farm, Church Cottage Lane, Wolvesnewton Devauden pdf icon PDF 193 KB

Minutes:

We considered the report of the application which was recommended for approval subject to the nine conditions outlined in the report.

 

The Development Services Manager suggested that should the Committee be minded to approve the application with the condition that a Section 106 legal agreement also be considered to secure the holiday lets and tie them to the farm holding at Church Farm.

 

The local Member for Devauden attended the meeting by invitation of the Chair and outlined the following points:

 

·         The local Member is generally in favour of farm diversification and tourist accommodation where appropriate.  However, this application has created a lot of controversy.

 

·         The building was built in 1988 and was originally described as a stable.  However, the applicant has stated that it was never used for that purpose but for sheep.

 

·         The applicant now lives in Devauden which is the centre of their farming enterprise with this site being an outlying piece of land.

 

·         In 2008, planning permission was granted for a new pitched roof.  New double skinned walls with window and door openings were built before 2008 which means that these are now legal even though planning permission was not applied for at that time.

 

·         In 2018, with the walls having legal status, pre-application discussion with Planning officers was held but no application was submitted at that time.

 

·         Last year, a wall was built for cattle handling but not in the position which it was granted planning permission. The wall has not been used for that purpose. The wall encroaches 1.9 metres, at one point, onto the adjoining land. The local Member considers that this building could not have been made lawful had the wall been built in the position for which planning permission was granted.

 

·         The local Member referred to Planning Policy T2 which refers to visitor accommodation. Looking at the exceptions to T2, one of the questions asks is ‘is this an existing and occupied farm property?’ The site does not have a farmhouse. It has the appearance of derelict farm buildings. The site does not have an active farm building.

 

·         The local Member read part B of Planning Policy T2.

 

·         If the walls are over 10 years old they have legal status. However, T2 does not say that consideration should not be given to anything older than 10 years.

 

·         The local Member asked that careful consideration be given to this application and whether it has been done for circumnavigation of the planning regulation.

 

·         There is no reasonable design in the proposed building. It is very utilitarian and is incongruous in policy terms.

 

·         Recently, some trees on the boundary of the site were felled making the site very visible from an adjoining public footpath.

 

·         The local Member does not consider that the proposed development is suitable for conversion under Planning Policy T2 and asked that the Committee considers refusal of the application on this basis.

 

·         Highways Officers have considered the access to be suitable.  However, the access is very narrow and if accessed during  ...  view the full minutes text for item 4.

5.

Application DM/2020/01036 - Reposition of access and gate, new planting and retention of access track. Bluebell Farm, Blackbird Farm Road, Earlswood pdf icon PDF 153 KB

Minutes:

We considered the report of the application and late correspondence which was recommended for approval subject to the two conditions outlined in the report.

 

Councillor I. Martin, representing Shirenewton Community Council, had submitted a written statement outlining the community council’s objections to the application which was read to the Planning Committee by the Head of Planning, as follows:

 

‘Shirenewton Community Council objects to this application.

The Planning Committee may not be aware of application DC/2017/00607 in virtually identical terms to this application, and of the decision by Monmouthshire County Council to refuse on the grounds:

1 The proposed access and roadway by virtue of its prominent location would be incongruous features that would be detrimental to the character of the locality. The development would have a significantly detrimental impact on the character and appearance of the rural landscape contrary to Policies DES1 (c), (e) and (h), LC1 and LC5 of the Local Development Plan.

2 The proposed new access is an unnecessary engineered incursion across a prominent open area which would not provide a safe easy access and could potentially harm the safety and convenience of the road users contrary to Policy MV1 and criteria (a) and (e) of Policy DES1 of the Monmouthshire Local Development Plan.

 

We are not aware that these planning policies have changed since that refusal.

 

We consider the report by Lime Transport is misconceived because:

 

1. It is headed Proposed Agricultural Access and makes reference to agriculture. This is not a farm but a private residence.  Putting a private road across two open fields is unjustified. The access is for the movement of the residents' own horses the keeping of which is not an agricultural activity.

 

2. It asserts at para 1.1.3 There is no change in use on the farm and the number and type of vehicle movements generated by the site will remain unchanged. Therefore, there is no impact on the wider highway network associated with this additional access.

 

Previously, access was by Blackbird Farm Lane not Old Road. Old Road is very narrow with limited vision and high hedges, with no passing places back to the main road (see para 2.1.4 - there is: limited carriageway width at the Old Road/Bluebell Road crossroads). It is already hazardous for motorists and pedestrians alike.

 

We are disappointed that Highways have not supported Monmouthshire County Council’s 2017 refusal that it would not provide a safe easy access and could potentially harm the safety and convenience of the road users.

 

We further take issue with the Landscape and Visual Appraisal Paper which asserts the proposed track will be indistinguishable from the field appearance. Not only is the track as presently laid immediately apparent because of the open nature of the landscape but also the use of heavy horse boxes over the track in winter will cause significant ruts eventually necessitating a more robust road foundation.  Despite the earlier refusal decision, the road has now been laid.   We consider placing of private roads across fields to be  ...  view the full minutes text for item 5.

6.

Application DM/2018/00757 - Proposal to change use of former railway line, which is also currently used as farm access, to a mixed use farm track and cycletrack / footpath. This will require some clearance of vegetation, surface material and laying of a surfaced path and construction of a fence in parts to segregate farm traffic from cyclists / walkers. Former railway line, Woodside, Usk to land west of Coleg Gwent site, Monkswood pdf icon PDF 161 KB

Minutes:

We considered the report of the application which was recommended for approval subject to the 10 conditions outlined in the report.

 

The local Member for Llanbadoc attended the meeting by invitation of the Chair and outlined the following points:

 

·         The proposal has potential but there are some issues.

 

·         A section of the route lies along an embankment and there are potentially structural issues relating to a bridge.

 

·         The dangerous access across the A472 is recognised and addressing this issue could benefit Woodside residents with regard to traffic speed.

 

·         The route traverses a working farm with a herd of 200 cattle which are moved regularly along and across the route.

 

·         The track surface needs to be well constructed to stand up to their use and other users.

 

·         Concern was expressed regarding the issue of bicycle users and pedestrians coming into contact with cattle and farm machinery along this route.

 

·         It is a recreational route.

 

·         Concern was expressed regarding liability if a member of the public was injured having come into contact with cattle / farm machinery whilst travelling along the route.

 

·         The final leg of the route is across open fields adjacent to the equine centre.  There will be horses in the field from time to time and concern was expressed regarding members of the public coming into contact with them.  There is also concern regarding the potential for gates being left open allowing livestock to leave the field.

 

·         A fence across this field would need to be considered to prevent contact between livestock and members of the public.

 

·         An alternative route for the access could go through the equestrian centre.

 

·         Concern was expressed that a section of the route will run close to some local properties which was considered to be an incursion to these residents. An alternative route should be considered on this basis. The human interest should be taken as seriously as the environmental issue as residential amenity will be affected.

 

·         Concern was expressed that motorcyclists will exacerbate noise levels.

 

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

 

·         Local farmers have expressed concern regarding the proposal and how they will cope when the cycleway is in operation. Discussion with the tenant farmer needs to be undertaken.

 

·         The Development Management Area Team Manager informed the Committee that the matter of liability falls outside of the Planning process. Any concerns raised would need to be directed to the Project Manager for the application.  Engagement with the local farmer and residents are covered via conditions and it would be pertinent to undertake consultation regarding the refuge points and safety audits, as well as the screening proposals near to the two identified neighbours.  It was anticipated that a reasonable solution could be achieved via conditions.

 

It was proposed by County Councillor G. Howard and seconded by County Councillor M. Feakins that application DM/2018/00757 be approved subject to the 10 conditions outlined in the report. A request be made to the Project Manager to liaise  ...  view the full minutes text for item 6.

7.

Application DM/2019/02012 - Proposed development of 24 no. extra care units (Class C2 Use), access and car parking, landscaping, boundary treatments and means of enclosure. Land to South of Brewers Fayre Restaurant, Iberis Road, Llanfoist pdf icon PDF 393 KB

Minutes:

We considered the report of the application which was recommended for approval.

 

The application had been reported to Planning Committee on 6th October 2020 with a recommendation from officers to refuse the proposed development. Members did not accept this recommendation and deferred the application to be approved subject to conditions.   The conditions below were agreed at the Planning Committee Meeting of 3rd November 2020.  

 

Since this decision, the applicant has requested that condition number 13 be amended to remove the restriction that the extra care accommodation is used solely in association with Foxhunters estate care home.  This is due to the fact that the extra care accommodation proposed within this application is a separate type of care provision and is completely separate from the Foxhunter estates.  The extra care is for people with a wide range of extra care needs from mobility, frailty, physical disability, sight and hearing impairment, diabetes, MS and other issues with an age restriction of 55 or over. 

 

Given this clarification from the applicant it is recommended by officers to amend condition number 13 to the following:    

 

13        i) The units hereby approved shall be used solely for extra care homes within Class C2 of the Town and County Planning (Use Classes) Order 1987 (as amended).

 

            ii) The extra care accommodation hereby approved shall be occupied by persons aged 55 years or older, and shall be used solely for extra care accommodation.

 

Reason: For the avoidance of doubt as to authorised used of close care units.

 

Having considered the report of the application it was proposed by County Councillor G. Howard and seconded by County Councillor P. Clarke that the minor change in the wording of condition number 13 be approved, namely:

 

13        i) The units hereby approved shall be used solely for extra care homes within Class C2 of the Town and County Planning (Use Classes) Order 1987 (as amended).

 

            ii) The extra care accommodation hereby approved shall be occupied by persons aged 55 years or older, and shall be used solely for extra care accommodation.

 

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

 

For approval             -           14

Against approval      -           0

Abstentions               -           0

 

The proposition was carried.

 

We resolved that that the minor change in the wording of condition number 13 be approved, namely:

 

13        i) The units hereby approved shall be used solely for extra care homes within Class C2 of the Town and County Planning (Use Classes) Order 1987 (as amended).

 

            ii) The extra care accommodation hereby approved shall be occupied by persons aged 55 years or older, and shall be used solely for extra care accommodation.

 

8.

Application DM/2020/00703 - Construction of a three-bedroom house. Pwllmeyric House, Pwllmeyric, Chepstow pdf icon PDF 163 KB

Minutes:

This application had been withdrawn by the applicant before commencement of the meeting.

9.

Application DM/2020/00968 - Erection of an agricultural hay and machinery building. Land at Llanvihangel Court, Devauden, Chepstow pdf icon PDF 152 KB

Minutes:

We considered the report of the application which was recommended for approval subject to the five conditions outlined in the report.

 

In noting the detail of the application it was identified that the roof is currently proposed as being grey fibre cement sheeting.  However, a condition could be added to agree the roof colour.

 

It was proposed by County Councillor A. Webb and seconded by County Councillor P. Clarke that application DM/2020/00968 be approved subject to the five conditions outlined in the report with an additional condition that the roof colour be agreed before issuing the decision, with preference being given for a dark green colour.

 

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

 

For approval             -           11

Against approval      -           0

Abstentions               -           0

 

The proposition was carried.

 

We resolved that application DM/2020/00968 be approved subject to the five conditions outlined in the report with an additional condition that the roof colour be agreed before issuing the decision, with preference being given for a dark green colour.

10.

Application DM/2020/01328 - Construction of 2 semi-detached 2-bedroom houses in the garden of no. 73 Park Road, Caldicot. 73 Park Road, Caldicot, NP26 4EL pdf icon PDF 157 KB

Minutes:

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

 

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

 

·         The infill development will be able to use the land efficiently and enable easy access to existing amenities by means of walking, cycling etc. reducing the need to use private vehicles.

 

·         The properties will be DDA compliant.

 

·         The site is not a back land site.

 

·         It was not feasible to extend the main property into a terrace because by having a physical interconnection it would have meant the access problems and the creation for the current planned property through an alleyway with its associated legal rights of ownership of the space created. Hence, the demolition of the outhouse and the plan to form a shared pathway on that side.

 

·         This proposal complies with Supplementary Planning Guidance (SPG) relating to small scale infill development with fewer than 10 dwellings as defined in policies H1, H2, H3 of the Local Development Plan.

 

·         The existing landscape features and views across the site support this and is in keeping with the surrounding area.

 

·         The land is large enough to accommodate additional houses and also on site planning.  The garden space will be similar to existing houses in the area.

 

·         The proposed dwellings will benefit from private garden space for the occupiers’ recreational use.

 

·         The proposed development will be in keeping with the building line of other properties.

 

·         Materials used will be in keeping with the original and neighbouring dwellings.  Roofing will match existing dwellings and will complement the street scene.

 

·         The aspect of the new houses will not affect the privacy of neighbours as there will be no windows at either end of the gables.

 

·         SPG suggests that it is desirable to have a 50 metre space between principle elevations. There will be a 13 metre space in this case. There is a mitigating factor for the 13 metre space as there is a large detached garage at the property nearby which will shield potential intrusive aspects.

 

·         There are numerous examples across Caldicot where the desired 50 metre space has been relaxed, with the distance being five metres in some circumstances.

 

·         The proposal addresses all of the SPG requirements.

 

·         The local Member supports approval of the application and asked the Planning Committee to consider the mitigating circumstances with regard to the 13 metre space and consider approval of the application.

 

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

 

·         The Development Management Area Team Manager informed the Committee that the proposed dwellings are not affordable units.  The properties are market units.

 

·         The properties are impractical.  There is not enough room either side of each property.   The site would be better suited to having just one property located on this site.

 

·         The frontage would be dominated by parked cars.

 

·         Approval of the application would result in overdevelopment of the site.

 

·         Some members agreed with the  ...  view the full minutes text for item 10.

11.

Application DM/2020/01517 - To convert an equity share of one of the affordable units to a financial contribution. Swan Meadow, Monmouth Road, Abergavenny, NP7 5HF pdf icon PDF 29 KB

Minutes:

We considered the report of the application which was recommended for approval with an amendment to the Deed of Variation to the original Section 106 Agreement.

 

In June 2014 planning permission DC/2013/00304 was approved by the Planning Committee for the construction of 38 no. retirement apartments. That approval was subject to a Section 106 Agreement for a financial contribution requiring that two of the units were  "golden share" apartments where either an elderly person or persons nominated by the Council as being unable to meet their housing need on the open market is offered the property. "Elderly Person" is defined as being over 60 and/or a spouse of such person over 55. One of the units has been sold as such with the Council authorising the sale at the market value less a 30% discount.  The owner, having received a 30% discount, is required to covenant to comply with the re-sale procedure. However, Monmouthshire County Council's Housing Department has tried to sell the second property to a "Designated Person" but has been unsuccessful. Therefore it is proposed to amend the S106 Legal Agreement to provide a financial contribution to be used for the provision of affordable housing elsewhere in the locality. The current market value is £229,950 making the 30% share worth £68,985.

 

In noting the detail of the application the following points were identified:

 

·         The value of the apartment in the sum of £229,950 was queried.  In response, the Head of Planning informed the Committee that the value of the property comes from two local agents.  The property has been marketed as a two bedroomed property at the golden share price. The financial contribution obtained will go back into the affordable housing stock.

 

It was proposed by County Councillor M. Powell and seconded by County Councillor P. Clarke that application DM/2020/01517 be approved with an amendment to the Deed of Variation to the original Section 106 Agreement.

 

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

 

For approval             -           11

Against approval      -           3

Abstentions               -           0

 

The proposition was carried.

 

We resolved that application DM/2020/01517 be approved with an amendment to the Deed of Variation to the original Section 106 Agreement.

 

 

 

 

12.

FOR INFORMATION - The Planning Inspectorate - Appeals Decisions Received:

12a

Pwllmeyric Lodge, Badgers Meadow, Pwllmeyric pdf icon PDF 126 KB

Minutes:

We received the Planning Inspectorate report which related to an appeal decision following a site visit that had been held at Pwllmeyric Lodge, Badgers Meadow, Pwllmeyric on 19th October 2020.

 

We noted that the appeal had been dismissed.

12b

Worthybrook Farm, Wonastow, Monmouth pdf icon PDF 145 KB

Minutes:

We received the Planning Inspectorate report which related to an appeal decision following a site visit that had been held at Worthybrook Farm, Wonastow, Monmouth on 19th October 2020.

 

We noted that the appeal had been dismissed.

 

 

12c

Worthybrook Farm, Wonastow, Monmouth - Costs Decision pdf icon PDF 126 KB

Minutes:

We received the Planning Inspectorate report which related to a cost application in relation to Appeal Ref: APP/E6840/A/20/3257266. Site address: Worthybrook Farm, Wonastow, Monmouth.

 

We noted that the application for an award of costs had been refused.