Agenda item

We considered the reports of applications DM/2020/00762 and DM/2020/00763 together with late correspondence, which were presented for refusal for the reasons outlined in the reports.

 

Applications DM/2020/00762 and DM/2020/00763 had been presented to Planning Committee in November 2022 with a recommendation for approval subject to conditions. However, the Planning Committee had been minded to refuse both applications and that they be re-presented to a future Planning Committee meeting with appropriate reasons for refusal.

 

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

 

·         The amendments to the applications made by Welsh Water do not ensure the integrity of the Site of Special Scientific Interest (SSSI). No substantial changes have been made.

 

·         The events and parties aspect of the application have not been removed.

 

·         The number of guests at an event has been lowered to 70.  However, the Visitor Centre would be required to adhere to fire safety regulations which only allows 70 guests on safety grounds.

 

·         The local Member expressed concern regarding the number of events, namely, six per application, which would equate to 12 events per year in total. This amendment was considered to be ambiguous and clarity was sought regarding whether this related to indoor or outdoor events in addition to the 28 outdoor events that may be held via permitted development.

 

·         Welsh Water has not stated whether these events will be held in the water sports centre during the closed season.

 

·         Under Natural Resources Wales (NRW) guidance, footpaths should remain closed during the overwintering bird closed season.  Therefore, making it difficult for people to access the water sports centre. Lighting along footpaths might be required but there is no information relating to this matter in the management plan. If this is the case, Monmouthshire County Council’s Biodiversity Officer should undertake a survey to assess the impact on the biodiversity of the sites.

 

·         NRW concerns from September 2020 have not been addressed by Welsh Water.

 

·         The Planning Committee needs to ensure that the SSSI is not put at risk.

 

·         The water sports centre will be used mainly for business meetings, sporting groups, school visits and organised events for wildlife and environmental groups.  Concern was expressed that permission was being sought to extend the opening hours from 6.00am to midnight.  It was considered that the current permission would suffice for the community events Welsh Water claims to seek.  Extending the opening hours until 11.00pm with staff to vacate the site by 12.00am suggests that permission is being sought for the SSSI site to become a party venue that will have a detrimental impact on the wildlife.  It was considered that these applications did not comply with Planning Policy Wales.

 

·         The local Member quoted the Minister for Climate Change, Julie James’ letter, following COP15 to all Heads of Planning dated 20^th December 2022.

 

·         The Planning Committee was asked to uphold its original decision to refuse both applications.

 

·         Concern was expressed regarding the balconies being used as an overspill area during the closed season, 1^st October – 29^th February. It was considered that this should not occur as it will negatively affect the overwintering birds.

 

·         380 objections and a petition containing 181 signatures objecting to the applications have been received. 

 

·         Late correspondence outlines recommendations for refusal from a number of interested parties.

 

·         Clarity was sought regarding conditions regarding light spillage from the Visitor Centre.

 

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

 

·         Having reviewed the decision taken by the Planning Committee in November 2022 in respect of both applications and studied the applications presented to Committee today, the local Member agreed with the Planning Committee’s decision to refuse the applications.

 

·         The reservoir had been in place before the buildings were built on the site.  It was considered that the SSSI status should therefore prevail.

 

·         Concerns have been raised by Natural Resources Wales (NRW).

 

·         The Gwent Wildlife Trust and the Gwent Ornithological Society had produced reports exposing the flaws in the studies that had been undertaken.

 

·         Torfaen County Borough Council’s ecologist has lodged a holding objection to the applications. Objections have also been received from Llanbadoc Community Council, Llangybi Fawr Community Council, Usk Civic Society and the Coed y Paen Residents’ Association, as well as receiving petitions and numerous objections from the general public.

 

·         The mitigating factors put forward by Welsh Water were considered to be insufficient to allow approval of the applications. 

 

·         The priority is the preservation and integrity of the SSSI status. 

 

·         The local Member asked that the Planning Committee consider refusal of the applications.

 

Having considered the reports of the applications and the views expressed, the following points were noted:

 

·         The events proposed could be held in other nearby locations that would be better suited for hosting such events.

 

·         Preservation of the wildlife and the SSSI status was key.

 

·         There will be 12 events in total, equating to six internal events being held in each building over the period of one calendar year. The internal events can take place throughout the year, including during the overwintering period. In addition, there will be 12 external events which will only take place outside the overwintering period. The external events will take place between 7.30am and 5.00pm. A condition has been applied for internal events (condition 9) whereby, the event shall finish no later than 11.00pm.

 

·         The events are defined in the Management Plan.

 

·         If the applications were approved, a request was made for hedgehogs to be added to condition 5 of the reports.

 

·         The busiest period for the venues occurs over the summer months when the birds are not overwintering.

 

It was proposed by County Councillor F. Bromfield and seconded by County Councillor M. Powell that applications DM/2020/00762 and DM/2020/00763 be refused for the following reason:

 

It has not been demonstrated that the proposal to extend the range of uses of the building and the hours of operation will not have an adverse impact upon the Llandegfedd Reservoir Site of Special Scientific Interest (SSSI) which is designated for overwintering wildfowl. The development therefore conflicts with Local Development Plan Policy NE1.

 

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

 

Application DM/2020/00762

 

Agree to refuse the application                 -           10

Disagree to refuse the application            -           1

Abstentions                                                   -           1

 

The proposition was carried.

 

Application DM/2020/00763

 

Agree to refuse the application                 -           11

Disagree to refuse the application            -           0

Abstentions                                                   -           2

 

The proposition was carried.

 

We resolved that applications DM/2020/00762 and DM/2020/00763 be refused for the following reason:

 

It has not been demonstrated that the proposal to extend the range of uses of the building and the hours of operation will not have an adverse impact upon the Llandegfedd Reservoir Site of Special Scientific Interest (SSSI) which is designated for overwintering wildfowl. The development therefore conflicts with Local Development Plan Policy NE1.