Agenda and minutes

Planning Committee
Tuesday, 11th December, 2018 4.00 pm

Venue: Council Chamber, Civic Centre, Hanbury Road, Pontypool, NP4 6YB

Contact: Rachel Beale  Senior Business Support Officer (Democratic Services)

Items
No. Item

1.

Attendance and Apologies/ Presenoldeb ac Ymddiheuriadau

Minutes:

1.1       There were no apologies received.

2.

Declarations of interest/Datganiadau o fudd

Minutes:

2.1       The Principal Solicitor reminded Members that they needed to complete the declaration of interest form in the attendance register folder if they were declaring an interest in any application.

 

2.2       The following interests were declared:

  • Councillor Stuart Ashley declared a personal interest in agenda item 9 as a Member of Cwmbran Community Council who had been consulted on the application.
  • Councillor Ron Burnett declared a personal and prejudicial interest in agenda item 7 as a close family member had a business in Griffithstown and the proposal would be detrimental to the businesses in Griffithstown.
  • Councillor Gaynor James declared a personal interest in agenda items 4, 6, 7 and 8 as a Member of Pontypool Community Council who had been consulted on the applications.
  • Councillor Fay Jones declared a personal interest in agenda item 9 as a Member of Cwmbran Community Council who had been consulted on the application.
  • Councillor Richard Overton declared a personal interest in agenda items 4, 6, 7 and 8 as a Member of Pontypool Community Council who had been consulted on the applications.
  • Councillor Norma Parrish declared a personal interest in agenda items 4, 6, 7 and 8 as a Member of Pontypool Community Council who had been consulted on the applications.
  • Prior to agenda item 7 Councillor Louise Shepphard declared a personal and prejudicial interest as she owned a shop in Pontypool Town Centre and the outcome could be detrimental to the future of the shop.
  • Prior to agenda item 8 Councillor Jon Horlor declared a personal and prejudicial interest as he was currently in the process of being nominated as a school governor at Cwmffrwdoer School.

3.

Minutes of Planning Committee - 13/11/2018 / Cofnodion Pwyllgor Cynllunio - 13/11/2018 pdf icon PDF 511 KB

Minutes:

3.1       Members agreed that the minutes of the Planning Committee meeting held on 13th November 2018 be confirmed as a correct record.

4.

Planning Appeal - Apêl Cynllunio pdf icon PDF 97 KB

Appeal against refusal of planning permission for reclamation of former opencast workings, recovery of secondary aggregates and construction of new access road – Section 106 Agreement - Tirpentwys, Hafodyrynys, Pontypool.

 

Apêl yn erbyn gwrthod caniatâd cynllunio ar gyfer adennill hen weithfeydd glo brig, adfeddiannu agregau eilaidd ac adeiladu ffordd fynediadCytundeb Adran 106 – Tirpentwys, Hafodyrynys, Pont-y-p?l.

Minutes:

4.1       The Team Leader (Applications) showed Committee a number of maps and made the following comments:

  • Members would recall that the application for planning permission for the reclamation of the former opencast workings, recovery of secondary aggregates and construction on a new access road at Tirpentwys was refused by Planning Committee in April 2017 due to the impact the creation of a new highway would have on the ancient woodland.
  • The appeal was subject to a Public Inquiry which was due to take place in January 2019.
  • The purpose of the report was to seek permission to allow the Local Planning Authority to engage with the appellants to agree conditions and a Section 106 Agreement.  The Section 106 Agreement would give the Council powers to carry out the restoration scheme should the Developer default. The restorations works would be costed in the Section 106 Agreement and the proposed Heads of Terms would deal with issues such as:

o   Dedication of replacement footpaths and bridleways and provision of a permissive route.

o   Securing works on replacement common land and a replacement bridleway.

o   Goods vehicle management, routeing and funding of traffic regulation orders (if necessary)

o   Restoration, bonding and Council ‘step-in’ rights in respect of the scheme.

o   Woodland management, funding and Council ‘step-in’ rights.

o   Any other matter as may be capable of being dealt with by a planning obligation as may be agreed between the parties.

  • The matters referred to above were on the assumption the appeal was allowed, however, officers were currently preparing evidence to contest the appeal to support the Council’s decision to refuse the application.
  • The Section 106 Agreement would be subject to scrutiny at the Public Inquiry and the final decision would be made by Welsh Ministers.

 

4.2       In response to Member questions the following replies were given by Officers:

  • Officers were seeking a Section 106 Agreement that had a robust costing arrangement to ensure the funding was in place for the restoration.
  • The Section 106 Agreement would allow the Council to release the funds that would be placed in a bond and carry out the works if the Developer defaulted. The Section 106 Agreement would be worked out specifically for the scheme and was proper use of Section 106 money.
  • It was a procedural matter which put the Council in the best possible situation in the event the appeal was won by the Developer.

 

4.3       Members conveyed their objection to the proposal of the reclamation of the opencast, however would approve the report to allow officers to manage the situation and continue the Councils fight against the appeal.

 

4.4       Members unanimously agreed to grant authorisation to Officers to negotiate and complete a Section 106 Agreement covering matters referred to in the report in association with the presentation of evidence at the forthcoming Public Inquiry.

 

5.

Appeal Summary - Crynodeb Apêl pdf icon PDF 202 KB

Works to Oak tree at 18 Ashleigh Court, Henllys, Cwmbran.

 

Gwaith i dderwen yn 18 Ashleigh Court, Henllys, Cwmbrân.

Minutes:

5.1       Members agreed to note the decision made by the Planning Inspectorate.

6.

Planning Application - 18/P/0476/FUL / Cais Cynllinio - 18/P/0476/FUL pdf icon PDF 201 KB

Retention of use of the property for temporary accommodation for individuals under the Housing (Wales) Act 2014 (maximum of 4 people to reside at the property at one time) at 14 Conway Road, Pontypool.

 

Cadw defnydd yr eiddo ar gyfer llety dros dro i unigolion o dan Ddeddf Tai (Cymru) 2014 (mwyafswm o 4 o bobl i fyw yn yr eiddo ar unrhyw adeg) yn 14 Conway Road, Pont-y-p?l.

Minutes:

6.1       The Senior Planner displayed photos of the property and gave the following information:

 

  • The application site was an end of terrace property, with a Primary School situated to the rear of the property.
  • It was a three storey building.
  • There were no modifications proposed as part of the application.
  • The recommendation was approval for temporary two year permission.

 

6.2         The following responses were given by Officers to questions asked by Members:

 

  • The difference between the current proposal and the previous applications submitted was that it was a Council managed arrangement and the previous applications were submitted by the landowner in a private capacity. The Council’s Housing Department were providing a specific service for residents in the borough who needed support on a temporary basis.
  • There seemed to have been confusion over the need for planning permission, the Council were exempt from HMO license regulations and did not realise the planning process was separate which was why the application was submitted to regularise that situation.
  • Due to the planning history and the physical restraints of the site officers could not support a permanent permission, and the permission was a short term arrangement only.
  • It was not known what the landowner may want to do in the future, however the conditions attached to the application stated that the permission would cease when the Council tenancy was no longer in place.
  • Officers felt that it was unlikely that the individuals residing there would be in a position where they would add to the car parking pressure in the area. 
  • The temporary planning permission coincided with the temporary lease that the Council had, if the Housing Department wanted to extend after 2020 a further planning application would need be submitted.
  • The Housing Department would be monitoring and managing the site on a daily basis and they had strict licence arrangements and the individuals also had to go through a strict inspection process before they were allocated a space there.
  • It had been operating for nearly a year and there had only been one incident and the neighbours were now aware that if they had any issues they needed to contact the Housing Department at the Council. Planning Officers would only be able to monitor that the scheme was being operated in accordance with the conditions ensuring there were no more than four people residing there, that it was only the Council operating the scheme and the scheme ceased operation at the end on 2020.
  • The scheme had a very specific use which could be monitored, whereas a private landlord would be less controlled. It was a facility that was necessary and officers were putting tight controls on it. If there were any issues with the operation it was be easier for people to complain to the Council than it would be to complain to a private landlord. 
  • It would not be in the Planning Committee’s remit to look at the affordability of the scheme it would be up to the Housing Department to  ...  view the full minutes text for item 6.

7.

Planning Application - 18/P/0560/FUL / Cais Cynllinio - 18/P/0560/FUL pdf icon PDF 504 KB

Erection of a Class A1 foodstore (approximately 1,804 sq m gross floor area), associated access and car parking, and landscaping, together with a replacement car park for the existing industrial building at Former Trico, Skewfields Roundabout, Pontypool.

 

Codi siop fwyd Dosbarth A1 (tua 1,804 metr sgwâr o arwynebedd llawr gros) mynediad a pharcio yn gysylltiedig, a thirweddu, ynghyd â maes parcio newydd i’r adeilad diwydiannol presennol wrth Gylchfan Trico, Skewfields gynt, Pont-y-p?l.

Minutes:

7.1       The Senior Planner displayed photos and plans and highlighted the following:

  • The report referenced Planning Policy Wales 9 however since the publication on the agenda the policy has been replaced with Planning Policy Wales edition 10. The content of the policy had not changed although the wording and paragraphs were different. The policy did contain a chapter in relation to retail development which stated that retail developments should be located in existing urban centres or areas that could be easily reached by walking, cycling or served by public transport. The three tests for retail development outside town centres remained unchanged in the policy.
  • Gland?r Cymru, the Canal & River Trust in Wales had made late representation and have objected to the proposal on the basis of insufficient flood risk and requested that the application should not be positively determined until discussions had taken place between the Canal & River Trust, the Local Planning Authority and the Applicants and flood mitigation had been agreed.
  • The proposal was for a new retail store which would be situated on the existing car park serving the industrial building, located adjacent to a roundabout at the junction of two trunk roads. One of the trunk roads was owned and maintained by Welsh Government and the other by the Council.
  • A replacement car park would be provided on an area of green space to the front of the existing buildings.
  • The proposed Aldi store would be single storey with glazed frontage.
  • There was a bund between the car park and the rugby playing field.
  • The four reasons for refusal when it was last presented to committee were the retail impact on Pontypool Town Centre, the retail sequential test, the impact on industrial land and the unsustainable location. The report presented in 2017 contained issues regarding the traffic impact on the trunk network and flood consequences impact, these concerns were not listed for reasons for refusal, however required further work to be carried out by the Developer. The Developer has since carried out the work on the traffic impact and Welsh Government were satisfied, however work had not been carried out on the flood risk issues and the Canal and River Trust were objecting to the proposal.  There had been no change in Local or National Planning Policy since the previous refusal and there were still four reasons for refusal, however the reasons were slightly different as the retail sequential test has fallen away, however the flood risk concerns had been added as a reason for refusal as it had not be resolved by the Developer.

 

7.2       Members asked a series of questions and the following responses were given by Officers:

 

  • The bus companies would need to change their routes to be able to serve the proposed site. The Developer had offered a financial contribution to community transport as part of the proposal.
  • The site was deemed an unsustainable location as it was difficult for non-car users to access. The Welsh Government were trying to reduce the  ...  view the full minutes text for item 7.

8.

Planning Application - 18/P/0660/FUL / Cais Cynllinio - 18/P/0660/FUL pdf icon PDF 170 KB

Construction of 2.1m wide footpath and stepped access from the cycle path down towards Cwmffrwdoer School and out onto Waunddu at Cwmffrwdoer Primary School

Waunddu, Pontnewynydd, Pontypool.

 

Adeiladu llwybr troed 2.1m o led a mynediad trwy risiau o’r llwybr seiclo i lawr tuag at Ysgol Cwmffrwdoer ac allan i Waunddu yn Ysgol Gynradd Cwmffrwdoer, Waunddu, Pontnewynydd, Pont-y-p?l.

Minutes:

8.1       The Senior Planner introduced the application showing photos and plans and made the following comments:

 

  • The references in the report in relation to Planning Policy Wales 9 had been superseded by Planning Policy Wales 10 which came in to effect since the report was published. The main change was that Planning Policy Wales 10 had increased the emphasis and importance of the active travel priorities of the Welsh Government, and the need to increase opportunities for walking and cycling and reduce reliance on the private car.
  • The application proposed to install a combination of ramps and steps to facilitate access to the school from the existing national cycle network for both cyclists and pedestrians.
  • There was a 14m height difference between the school grounds and the cycle path. 
  • The site was currently a substantial woodland area which would be significantly opened up. A large number of trees would need to be removed to construct the development, however the proposal included mitigation to offset the loss.
  • The majority of the trees to be removed were semi-mature broadleaf trees.
  • An Ecology Assessment was submitted with the planning application which set out the assessment carried out in relation to the birds, mammals and reptiles. 

 

8.2       The Senior Planner gave the following replies to questions asked by Members:

 

  • The majority of the trees proposed to be removed were a variety of semi-mature broadleaf trees including Oak, Ash and Birch, which were less than 40 years old.
  • There was 2,500 square meters of trees to be felled, however 800 square meters was proposed to be replanted in the same section and the additional deficit would be planted on a lower section of the site.
  • In relation to habitat terms the proposed number of trees was equal to the number of trees removed.
  • There was a condition attached to the application which required a three year aftercare and maintenance programme to ensure the trees established in order for the impact on the landscape to be less dramatic in the long term.
  • A contractor would be carrying out the work, however there was a detailed method statement which had been prepared by the Council’s Ecologist and Arboricultural Officer.
  • The condition of the ground on the site was unknown and the species of trees had not yet been agreed until further assessments of the ground had been carried out.

 

8.3       Members unanimously agreed to approve the application subject to the conditions laid out in the report.

9.

Planning Application - 18/P/0706/FUL / Cais Cynllinio - 18/P/0706/FUL pdf icon PDF 213 KB

Reconfiguration of existing waste transfer station (bulking, sorting & baling) used for household recycling including extension of external yard (change of use from open grassed area) at Unit 7 - 8 Ty Coch Distribution Centre, Ty Coch, Cwmbran.

 

Ailgyflunio’r orsaf trosglwyddo gwastraff bresennol (llenwi, didoli a bwndelu) a ddefnyddir ar gyfer ailgylchu gwastraff y cartref gan gynnwys ymestyn yr iard allanol (newid defnydd o ardal laswelltog agored) yn Uned 7-8 Canolfan Ddosbarthu T? Coch, T? Coch, Cwmbrân

Minutes:

9.1       The Principal Planner displayed plans and photos and highlighted the following:

 

  • Since the report had been published Planning Policy Wales Edition 10 had come in to effect, however there were no changes which affected the application.
  • Late representation had been received from Natural Resources Wales who advised that additional conditions regarding drainage and contamination be added. There were already conditions relating to contamination attached to the application which would be altered to take in to consideration Natural Resources Wales views. They also advised that further information should be submitted in relation to the methodology of how the trees had been surveyed in terms of the potential of bats. The information had since been sent to them and the Council’s Ecologist was satisfied with the methodology. 
  • The application related to the existing Waste Transfer Site at Ty Coch which was currently operated on behalf of Torfaen County Borough Council to process the kerb side collection of recycling and bulking and bailing.
  • The proposal was to change the area of open space area to the rear of the recycling centre to an external yard with improved bulking and bailing facilities and sorting bays. It was also proposed to install two roller shutter doors on the rear of the building to allow vehicles to enter and exit the new external yard.
  • Access would be off the existing industrial estate road, leading to a weighbridge, an additional skip area and bays for sorting materials. 
  • The proposal would result in the loss of an area of low ecological value grassland and a number of trees. The mature trees which acted as a landscape buffer would be retained. 
  • There was mitigation planting proposed along the boundary of the yard area.

 

9.2       Members unanimously agreed to approve the application subject to the conditions laid out in the report.