County Borough of Blaenau Gwent s2

COUNTY BOROUGH OF BLAENAU GWENT

REPORT TO: MAYOR & MEMBERS OF THE COUNCIL

SUBJECT: SPECIAL PLANNING COMMITTEE – 29 TH JULY, 2014

REPORT OF: EXECUTIVE / SCRUTINY OFFICER

PRESENT: COUNCILLOR D.J. OWENS (CHAIR)

Councillors B. Willis (Vice-Chair) D. Bevan K. Brown B. Clements D. Hancock John Morgan D. Rowberry C. Tidey W.J. Williams L. Winnett

WITH: Development Services Manager Team Leader Development Management Solicitor Principal Planning Officer Principal Engineer Engineer Infrastructure Manager

Public Speakers Mr. P. Marinou Mr. D. Howells Mr. O. Griffiths Mr. J. Cowley Mr. M. Robbins Mr. R. Mardon

DECISIONS UNDER DELEGATED POWERS ITEM SUBJECT ACTION

No. 1 APOLOGIES

Apologies for absence were received and noted accordingly:-

Councillors M. Bartlett, C. Meredith, Mrs. Jen Morgan and B. Pagett.

No. 2 DECLARATIONS OF INTEREST AND DISPENSATIONS

No declarations of interest or dispensations were reported.

No. 3 PLANNING REPORT

Consideration was given to report of the Development Services Manager.

He outlined the applications contained in the report and explained the proposals to Members with the aid of slides.

Application No. C/2014/0127 (Full) Waun Pond, Pond Road, Nantyglo Construction of a Water Overflow System to Comply with The Reservoirs Act 1975 and a 1 in 10,000 year Return Period Flood

The Development Services Manager explained the application to Committee, informing Members that the proposal was for the construction of a Water Overflow System. He added that this was a complex application and that the scheme must be determined on planning merits.

The Development Services Manager informed the Committee that although concerns had been raised the application was recommended for approval. He added that although the Coal Authority had concerns this would be addressed subject to a condition requiring a site investigation.

In answer to a question raised with regards to costs, the Development Services Manager explained that legal advice was that Planning Committee confine the decision to planning merits. The Chair added that a comprehensive presentation on this development had been received by a different Committee.

RESOLVED that planning permission be GRANTED, subject to the conditions outlined in the report of the Development Services Manager.

Application No. C/2014/0050 (Full Application) Abertillery Junior & Infant School, Newall Street, Abertillery Phased Demolition of Existing Abertillery Primary School and Construction of New Primary School on Existing Site

The Development Services Manager informed the Committee of the application adding that the proposal was for a single building with all facilities under one roof. He added that concerns had been raised with regards to drop offs etc, but the proposal was recommended for approval by Officers.

A Member said that he was very pleased to see that the development would have the existing access and that he really had no need for complaint.

The Chair added that Members should be pleased with the application. The Development Services Manager pointed out that the car park would be adjacent to the main access.

RESOLVED that planning permission be GRANTED, subject to the conditions outlined in the report of the Development Services Manager. Application No. C/2014/0097 (Full Application) 32B Beaufort Street, Brynmawr Change of Use from A1 to A2 (Estate Agents)

The Development Services Manager explained the application to Members, which sought planning permission for the change of use of an A1 retail premises to an Estate Agents. He added as this proposed A2 use was within the Primary Retail Area of Brynmawr, it therefore conflicted with the adopted Local Development Plan. He reminded Members that an application for a takeaway had previously been refused for the same reason.

The Development Services Manager informed the Committee that officers recommended that the application be refused as they needed to adhere to the policy.

The Chair informed the Committee that speakers wished to speak as part of the public speaking protocol.

At the invitation of the Chair, Mr. Peter Marinou, who was in support of the application, addressed the Committee. He informed Members that he respected the Planning Committee’s previous decision to refuse the application for a takeaway, but they had failed to obtain suitable tenants. He added that various charities and retailers had been approached, but unfortunately there had been no interest until now, whereby a professional company was willing to take the building on.

Mr. Marinou explained that premises would be a first class shop and would be better than an empty shop in a prominent area. He informed the Committee that the premises had been empty for four years and asked Members to look at the proposal. He added that this shop would replace the estate agents which had recently closed.

Mr. Marinou concluded that the flats above the shop needed upgrading and that this would be undertaken if the proposal was granted as they were not in a financial position to do so at the moment. He stated that they did not wish to go down the route of an empty shop and asked Members to approve the application.

At the invitation to the Chair, Mr. David Howells, the applicant addressed the Committee. He informed the Committee that this was an established company and he was at a point where they wanted to expand the business. If the application were approved, he explained that the estate agents would take on three new employees.

Mr. Howells said that they respected the policy, but were under pressure to get the business opened as their establishment in Abertillery was very busy. He asked for Members support in approving the application.

A Member informed the Committee that he had spoken to his ward colleague who was satisfied that the application should be approved. He added that since the last Planning Committee, three shops in Brynmawr had closed. He stressed that times had changed that shops were needed in a prominent area such as this.

A Member said that the shop had not been empty for four years and that the applicant’s estate agents in Blaina had closed. The Chair pointed out that the proposal was for Brynmawr, not Blaina. Mr. Marinou clarified that he had evidence in the form of emails to how long the premises had been closed.

In answer to a question raised regarding the number of estate agents present in Brynmawr, the Development Services Manager informed Members that the policy was protecting viability.

A Member pointed out that one of the estate agents in Brynmawr had now changed its use to a sun tan lounge.

A Member said that as the premises had been vacant for years, and that a tenant was willing to take up, it would be a shame to turn the application down. He added that there were fourteen empty shops in Tredegar and that sometimes you must deviate from the policy. A Member informed the Committee that the estate agents also undertook a substantial number of letting so it would be quite busy. A Member added that the shop was located in a prominent place and it gave a bad impression on the town being empty.

The Chair agreed, that the change of use should be approved, as in his opinion he much preferred to see businesses open than closed for three or four years. A Member concurred with this view that the premises was located in a prime area and the application should be approved.

Upon a vote being taken, it was unanimously

RESOLVED that planning permission be APPROVED.

Application No. C/2013/0313 (Full Application) Land at Oak Road, Tanglewood, Blaina, Abertillery Development of 12 Housing Units. Mixture of Semi- Detached, Terrace and Flats

The Development Services Manager explained the application to Members. He reminded Members that the Planning Committee agreed to grant planning permission subject to a S106 Agreement, but this was deemed not viable for the applicant. He informed the Committee that the application was the same as previously only minus the Section 106 Agreement.

A Member said that she was happy to see the development, but was divided because of the problems with the S106 Agreement and concerns raised by residents with the development.

The Chair asked the Member if Officers could help alleviate these concerns. The Member informed the Committee that concerns had been expressed with regards to the cleanliness of the highways and police matters. The Chair reminded the Members that these concerns were not planning matters. RESOLVED that planning permission be GRANTED, subject to the conditions outlined in the report of the Development Services Manager.

Application No. C/2013/0170 (Outline Application) Former Rhyd-y-Blew Reservoir, Beaufort Road, Ebbw Vale Outline Planning Application for Residential Development, Together with Associated Access, Car Parking and Servicing, Open Space and Landscaping and All Other Ancillary Works and Activities

The Team Leader Development Management explained the application to the Committee adding that this was a detailed report. She explained that the application was for a substantial development which had been with Planning Control for some time.

The Team Leader Development Management informed Members that there had been objections raised from several consultees on the grounds of drainage, archaeology, landscape and ecology which had been addressed in the report, with the agent agreeing to these.

She added that the application met significant financial contributions requested for by Leisure and Education for landscaping park and education facilities at Glyncoed School.

The Team Leader Development Management explained that it would be difficult to develop 250 units on the site, but asking for the agreement in principal.

In answer to a question raised, with regards to highways, the Team Leader Development Management reported that there were two access points and a puffin crossing being implemented.

It was noted that Planning were obviously negotiating on the S106 agreement and would not grant permission till the S106 is agreed.

The Chair commended the Officer on a comprehensive report. The Team Leader Development Management informed the Committee that one condition had been omitted with regards to the “travel plan”.

The Chair informed the Committee that a speaker wished to speak as part of the public speaking protocol.

At the invitation of the Chair, Mr. Owain Griffiths, who was the agent and in support of the application, addressed the Committee. He commended the officer on the report, adding that the proposal consisted of 250 houses with highway improvements. The land was adopted by the LDP in 2010, with the application submitted in June of last year.

Mr. Griffiths informed the Committee that a full transport assessment had taken place and that there were no objections in principle. In terms of layout, plans show that the site was deemed acceptable.

He added that issues raised had been addressed, including a reptile survey, which advised that there were no reptiles on site.

He concluded that the applicant had agreed 10% affordable housing and would enter into a Section 106 agreement which would benefit the local community.

A Member thanked and commended the Officer on a comprehensive report, but requested that a detailed plan be provided. He said that he was in support of the application and looked forward to the development.

A Member referred to the comments of the police stating that she had been offended by these as they were pre- empting people who were living there.

A Member informed the Committee that this was a very important development as it was regarded as the gateway to Ebbw Vale and in his opinion the whole scheme had been put together well although he thought the density should be lowered. The Team Leader Development Management informed Members that she was not defending the police, but would take on the point that the Member had mentioned, adding that the Council were encouraged to adopt secure by design standards.

With regards to density, the Team Leader Development Management informed Members that planning would not be able to anticipate this until they received detailed drawings. The Development Services Manager explained the application further with the aid of slides. The Member said he was happy with the proposal, but wanted to make sure that the proposal was right.

The Team Leader Development Management pointed out that with the UDP requirement of the policy high standards had been set.

Upon a vote being taken, it was unanimously

RESOLVED that the application be accepted in principle that:-

A The applicants be invited to enter into an agreement pursuant to Section 106 of The Town and County Planning Act 1990 (as amended by Section 12 of the Planning and Compensation Act 1991) whereby they will commit to the following:-

i) To provide 10% affordable housing in the form of social rented housing of an even mix across all the housing types provided on the site.

ii) To make a financial contribution towards education and/or leisure provision related to the demands of the current proposal amounting to £2,500 per residential unit to be constructed on the site.

B That officers be granted delegated authority to negotiate the detailed terms of such an agreement based on principles outlined in this report and the guidance outlined in the Authority’s approved SPG on Planning Obligations. C That on completion of the Section 106 Agreement referred to in Recommendation A that the Development Services Manager be granted delegated authority to issue planning permission for the development subject to the conditions contained in the report.

Application No. C/2014/0025 (Outline Application) Former Ty’r Graig Junior & Infant School, Brynawel Terrace, Aberbeeg, Abertillery Residential Development with Alterations to Access

The Team Leader Development Management explained the application to the Committee adding that the report was self-explanatory. She informed Members that a meeting had been held with residents with regards to the application whereby they were informed that if they had any concerns to write to the Planning Department, but as no responses had been received, the application was deemed satisfactory.

A Member informed the Committee that he fully supported the scheme and that although residents would experience some disruption during development, but once it was completed it would enhance the area.

RESOLVED that planning permission be GRANTED, subject to the satisfactory completion of a Section 106 Legal Agreement and the conditions outlined in the report of the Development Services Manager.

Application No. C/2013/0060 (Full Application) The Works, Lime Avenue, Ebbw Vale The Proposed Extension of Railway Line From Ebbw Vale Parkway to Ebbw Vale Town, (including Construction of Railway Station and Associated Works; Upgrading of Existing Access Road; and Change of Use of Land to Operational Railway Land

The Team Leader Development Management explained the application to Members adding that generally there were no substantial issues with regards to the proposal. The Team Leader Development Management informed the Committee that the developers had been requested to undertake landscape works etc. She added that the only significant concern raised was an objection from Welsh Water regarding access to their apparatus which should be a matter for Network Rail and Welsh Water.

The Team Leader Development reported that Welsh Water had written a letter requesting Planning to develop five conditions, with one condition being for standard drainage suggested. She added that Welsh Water had been requested to write to the Planning Section by Tuesday, 29th July, 2014 if they had any further concerns, but had not done so. It was noted that the Officers recommendation was that the application be approved.

RESOLVED that planning permission be GRANTED, subject to the conditions outlined in the report of the Development Services Manager.

Application No. C/2013/0295 (Full Application) Land at Hafod y Dafal, Cwm, Ebbw Vale The Erection of Two Wind Turbines with a Maximum Blade Tip Height of Up to 131m, together with Associated Hard Standings, a Substation and Control Building, an Improved Access Track, Connecting Internal Access Tracks, a Temporary Construction Compound and Turning Area, and other Related Infrastructure.

The Principal Planning Officer explained the application to Members of the Committee adding that the area for the proposal was known to most residents and Members. She added that late correspondence had been received in the way of letters of support and objections to the application, which were of no material consideration.

The Principal Planning Officer explained that there were two fundamental issues raised in the report and that the officer’s recommendation was that the application be refused. She informed Members that due to the scale of the proposed development, the Authority had obtained advice from consultants. The Principal Planning Officer informed the Committee that based on the advice given by the consultants the application could not be mitigated and should be refused. She added that the proximity of mineral considerations needed to be considered and that officers had come to the conclusion that the proposed turbines were at the edge of a preferred area.

The Chair informed the Committee that speakers wished to speak as part of the public speaking protocol.

At the invitation of the Chair, Mr. John Cowley, who was speaking against the application, addressed the Committee. He thanked the Chair for giving him the opportunity to address the Committee with regard to the objections of my clients, St. John Wales, the Trustees of the Marquess of Abergavenny Estate and KCS Asset Management. He informed Members that his clients agreed with the recommendation of the officer that the application should be refused.

Mr. Cowley informed the Committee that he had over forty years of experience in mineral development throughout the UK, in Europe, the Caribbean, North America and the Gulf, working for the minerals industry; the UK government; local authorities; regulators; funders; developers; environmental and resident bodies.

He informed Members that he had acted for clients in many cases in relation to development adjacent to quarries and as an expert witness on such matters at many public inquires throughout the UK, where he addressed issues related to blasting and flyrock.

Mr. Cowley had made representations for clients at numerous Local Plan proceedings in relation to the purpose and function of mineral safeguarding areas, buffer zones and blasting. He had given presentations on these topics to technical meetings in the UK, the USA and Europe. He was one of the authors of the 2007 guide to mineral safeguarding in England the principles of which were used to inform the 2012 report Aggregates Safeguarding Maps of Wales. Mr. Cowley said that he was currently advising a mineral client in relation to a telecommunications mast adjoining a mineral working and a wind farm developer in relation to avoiding the sterilisation of mineral.

Mr. Cowley informed Members that St. John Wales owned most of the mineral beneath the Preferred Area and also that mineral beneath the northern turbine. As a charity St. John wished to ensure the maximum value from assets. Their royalty from the quarry would be used directly in their charitable work in the local community. St John would seek to use further monies from the Aggregates Levy Fund for Wales in that connection. The annual sum paid into that Levy by the quarry development would be in the order of 4.0 million pounds. The erection of the proposed turbines would significantly reduce reserves and the future income stream to St John.

Mr. Cowley informed the Committee that the two fundamental objections of his clients were (A) that the development of the turbines would, due to requirements to comply with operational guidance issue by the Health and Safety Executive, significantly reduce the volume of mineral that can be worked and (B) that the development of the turbines is in conflict with, and would prejudice, the achievement of policies in the recently adopted Local Development Plan.

Mr. Cowley said that the report of the officer clearly identified the policy conflict and that reason for refusal is explained under item one in the recommendation of the report. He reiterated that his clients concurred with that reason for refusal.

He confirmed that it was standing guidance of the HSE that mineral extraction operations should not approach tall structures close than at least 110% of the height of the structure. In effect quarrying would not be able to take place within at least 150 metres of any turbine. This restriction on its own reduced the volume of mineral available from the Preferred Area by around 40%. Mr. Cowley informed Members that the report made reference to a review of technical matters by an Officer from Carmarthenshire County Council. That review concluded there was a robust case to refuse the development. However, he added that in that review in relation to flyrock, the incidence and hazard of which was one of the justifications for not allowing development within a buffer zone. The review suggested that “fly-rock was a red herring as it does not happen today”. With great respect to the writer of that review that is not correct. Flyrock does occur – at less than 10 reported events per annum. But flyrock would never be totally mitigated due to the inherent uncertainties in rock properties.

He said that was why buffer zones were used as an insurance to prevent harm. As with all insurance one hopes it never happens, but one provides, operates and keeps in place such insurance just in case.

The planning system contains a number of such warning zones around hazards (airports, industrial plant, fuel stores, dams) all of which were promulgated on the thesis that it was better to exclude development that might be harmed rather than to have to deal with actual harm to property and people afterwards.

Mr. Cowley informed the Committee that his clients had submitted their original objection with regret. On their behalf he had sought to engage with the applicant and their advisors prior to the applicant concluding the scheme so as to ensure that the development would not conflict with the LDP or the aspirations of his clients, although unfortunately, this was not taken up.

Mr. Cowley concluded that his clients therefore had to continue with their objection and on behalf of his clients he therefore requested that the Committee concur with the recommendation in the report and refuse consent. At the invitation of the Chair, Mr. Mervyn Robbins, Chairman of Cwm Community Care, who was speaking in support of the application, addressed the Committee. He informed Members that now was the opportunity to provide electricity to so many homes and if the application was approved Airvolution Energy Ltd. Had agreed to finance.

Mr. Robbins added that there were other wind farms in the area and that there would always be a supply.

At the invitation of the Chair, Mr. Richard Mardon addressed the Committee. He informed Members that there was valuable local benefits amounting to half a million pounds and that the scheme was supporting Coleg Gwent which was very appropriate.

He added that it was a very windy site and that the turbines would be partly obscured. Mr. Mardon informed the Committee that there were no objections from consultants although concerns had been raised as one of the proposed turbines was set in a mineral area.

Mr. Mardon said that a 50m buffer was required but concluded that the proposed development had engaged approximately 100 supporters whilst objectors were not in double figures, adding that the community would benefit from the scheme.

A Cwm Ward Member who was also a Member of the Planning Committee informed the Committee that there had been no objections from residents in Cwm. He added that from the Garden Festival Site, it was only the tips of the proposed wind turbines that would be seen and that he had no objection to the proposal.

A Member said that although in his opinion he had an open mind to the application, this was an ideal site for wind turbines and would benefit the Cwm Community. He concluded that he wished to support the applicants.

Some Members pointed out that they felt uncomfortable with the applicant’s presentation.

A Member commended the Officer’s report and said that she supported the reasons for refusal. A Member concurred with this view, adding that this was an excellent report and that in his view he could not see the benefit to the valley.

A Member said that the turbines would be seen from Six Bells and that she had concerns with regards to noise.

Councillor D. Bevan and W.J. Williams, M.B.E., J.P. requested that their names be recorded against the Officer’s recommendation.

RESOLVED that planning permission be REFUSED, subject to the reasons outlined in the report of the Development Services Manager.

No. 4 LIST OF DELEGATED ITEMS DETERMINED BETWEEN 17 TH JUNE, 2014 AND 11 TH JULY, 2014

Consideration was given to report of the Development Services Manager. RESOLVED that the report be accepted and the list of planning applications determined for the period 17th June, 2014 to 11th July, 2014 be noted.

No. 5 APPEALS UPDATE

Consideration was given to the report of the Development Services Manager, whereupon:-

The Team Leader Development Management informed Members that Officers had recently been notified of an appeal on the Tech Board site and that the Principal Planning Officer who dealt with wind turbine applications would be dealing this the matter.

RESOLVED that the report be accepted and the appeals caseload be noted. No. 6 WELSH GOVERNMENT PLANNING STATISTICS

Consideration was given to the report of the Development Services Manager.

The Development Services Manager apologised that the figures for September had not been recorded. He added that the discharge of condition applications should improve the figures.

The Development Services Manager added that there were not many Officers left in the teams and that teams had been rearranged in what was a difficult time. The Chair pointed out that no enforcement would be taking place for the next two months and that this had been mentioned to the Leader of the Council. The Development Services Manager informed Members that he hoped to present a report on the enforcement service to a future meeting.

RESOLVED that the report be accepted and the associated performance tables be noted.