Agenda and minutes

County Councillor P. Murphy declared a personal, non-prejudicial interest pursuant to the Members’ Code of Conduct in respect of application DM/2018/01995, as there is a reference within the viability report to a company whereby his son is the contracts manager.

The minutes of the Planning Committee meeting dated 1^st November 2022 were confirmed and signed by the Chair. In doing so, the following points were noted:

·         Applications DM/2020/00762 and DM/2020/00763 – Condition 10, a request had been made for the light spillage to be investigated.

·         Application DM/2020/00763 - The total number of votes in respect of this application differed slightly to other applications, i.e., a total of 13 rather than 14.

·         Application DM/2020/00763 – The Llangybi Community Council representative, bullet point 4 – ‘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.’ A Planning Committee Member considered that the word ‘proposes’ should not have been used as reference was being made to the Ministerial Statement which is not a proposal. Also, the Planning Member considered that the reference ‘The proposals will not enhance the SSSI’ should be changed to ‘the applications will not enhance and will further damage the SSSI.’

·         Application DM/2020/00763, Page 7 - this should be amended to read: ‘We resolved that application DM/2020/00763 be deferred to be refused.’

Application DM/2022/00484 had been withdrawn from the agenda following concern raised from local residents regarding the openness and transparency of the Planning Department with regard to this application. The application will therefore be reviewed for accuracy with a view to it being presented to a future meeting of the Planning Committee for determination.

We considered the report of the application and late correspondence which was recommended for approval subject to the conditions outlined in the report, with an additional two conditions, namely:

·         Compliance with approved site levels (to manage flood issues).

·         A Flood Action Plan to be submitted pursuant to the reserved matters.

The local Independent Member for Llanbadoc & Usk, also a Planning Committee Member, outlined the following points:

·         The owners of the Willows Garden Centre would welcome the new development as this will provide an improvement to the access road to their business.

·         There have been concerns from nearby residents mainly regarding an anticipated increase in traffic flow on the new development as well as flooding issues.

·         Baron Street is a very narrow single lane road with narrow pavements. The road serves a retirement complex with 28 homes. Cottages along this road do not have foundations and have incurred cracks during constructions on previous sites in this area.

·         Restrictions on delivery vehicles will be required via a full Management Plan at the construction phase at the access point at Baron Street to ensure residents and pedestrian safety.

·         Concern has been raised by residents of Mill Street regarding the increased risk of floodingto homes from the rivers Usk and Olway. It was considered that further information to address this issue needed to be included in the report of the application.

·         Reference was made to the levels of phosphates being produced via the garden centre after the proposed properties are built. The local Member asked whether the report was still applicable as it had been written in October 2021.

·         It was questioned whether the Graig Olway treatment works would be able to accommodate the extra six properties.

·         The local Independent Member read out a statement from the local Conservative Member which was outlined in late correspondence.

The Development Management Area Manager responded, as follows:

·         A Traffic Management Plan will be established during the course of the works. The additional six properties are not considered to be excessive in terms of the volume of traffic on the highway network at this location.

·         The Flood Consequence Assessment was undertaken in line with Natural Resources Wales (NRW), as the technical experts in this matter. It was noted that works are required to ensure that future occupiers of these dwellings, as well as surrounding neighbouring properties, are safeguarded. The development itself does not contribute to an existing problem. Officers consider that the application accords with National Planning Policy.

·         The rising of the ground levels is a paramount mitigation measure.

·         The garden centre phosphates levels (within the area that is outside the application site) are not known and is outside the remit of this planning application.

·         Foul water will connect to Welsh Water’s assets and it has been confirmed that the capacity exists to take the additional amount.

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

·         Concern was expressed regarding the raising of the land  ...  view the full minutes text for item 4.

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

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

·         The Highways Department had originally objected to the application in view of the capacity of the road network and the need for a transport plan.

·         Paragraph 6.2 of the report of the application states that there will be a maximum of six dogs on site each day with four being collected and dropped off each day by the applicant therefore reducing the number of vehicular trips each day.

·         The Highways report dated 13^th October 2022 recommended a maximum of six dogs per day rather than at any time. The local Member informed the Committee that the Planning Officer and applicant had no objection to following the Highways Department’s recommendation. The local Member asked that the Planning Committee considers amending the condition accordingly. Therefore, condition 8 would state the day care element of the proposal hereby approved is limited to a maximum of six dogs per day rather than six dogs at any time.

·         The conditions cover the fencing and landscaping and are of interest with regard to visual amenity.

·         The public has expressed concern regarding agricultural fields being turned into car parking areas with long high fencing. The rear of another field looks unsightly with high level fencing and the rural background of St. Pierre Woods opposite.

·         The Council’s Landscape and Green Infrastructure officer had a provisional objection to the proposed dog walking area due to insufficient information.

·         The site and fields are located within the Wye Valley Area of Outstanding Natural Beauty, as well as being in open countryside.  Current Local Development Plan (LDP) Policy LC4 highlights that any developments to the area of natural beauty must be subservient to the primary purpose to ensure and enhance the natural beauty of the area, hence the reason for the condition on fencing and landscaping are so important.

·         The local Member asked that the Planning Committee considers supporting the change to condition 8 to fall in line with the Highways recommendation as proposed in the latest Highways report in order to reduce the vehicular movements along this rural highway.

In response, the Development Services Manager informed the Committee as follows:

·         The Planning Case officer does not consider the need to change the condition, as outlined by the local Member. It would therefore be for the Planning Committee to decide this matter.

·         If the condition is restricted to up to six dogs per day, that would reduce the applicant’s flexibility.

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

·         It was considered that there were no reasons to object to the application as outlined in the report.

·         The land remains agricultural and could easily be converted to its original use, if required.

The local Member summed up as follows:

·         Objections to the application had been received from  ...  view the full minutes text for item 5.

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

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

·         In response to a point raised, the Development Management Area Manager informed the Committee that planning permissions are clearly conditioned and the development is to be carried out in accordance with approved plans.  It is clear within the decision notice what has been approved and which drawings have been approved. In respect of this application, it was understood by the applicant that the works would fall within permitted development rights.  However, this was not the case.

·         The proposed development is smaller than the original proposal and is set to the rear of the property. Trees are to be planted in front of the development which will reduce visibility of the proposed development from the roadside.

·         Concern was expressed that the development had been built without checking whether there was a need to obtain planning permission. In response, the Head of Planning informed the Committee that the application needs to be considered on its merits, as presented to the Committee. This would be the case for any retrospective planning application presented to Planning Committee.

It was proposed by County Councillor E. Bryn and seconded by County Councillor S. McConnel that application DM/2022/01146 be approved subject to the conditions outlined in the report.

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

For approval             -           14

Against approval      -           1

Abstentions               -           0

The proposition was carried.

We resolved that application DM/2022/01146 be approved subject to the conditions outlined in the report.

We received the Planning Inspectorate report which related to an appeal decision following a site visit that had been held at 17 Grove Gardens, Caldicot on 2^nd November 2022.

We noted that the appeal had been dismissed.