Adroddiad Report

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Adroddiad Report Adroddiad Report Ymchwiliad a agorwyd ar 10/03/15 Inquiry opened on 10/03/15 Ymweliad safleoedd a wnaed ar amrywiol Site visits made on various dates ddyddiadau gan Emyr Jones BSc(Hons) CEng by Emyr Jones BSc(Hons) CEng MICE MICE MCMI MCMI Arolygydd a benodir gan Weinidogion Cymru an Inspector appointed by the Welsh Ministers Dyddiad: 01 Mehefin 2015 Date: 01 June 2015 COMMONS ACT 2006 APPLICATION TO DEREGISTER PART OF TREFIL-LAS AND TWYN BRYN-MARCH COMMON (BCL015) AT RASSAU, EBBW VALE AND PROVIDE REPLACEMENT LAND Cyf ffeil/File ref: 516000 www.planningportal.gov.uk/planninginspectorate Report APP/X6910/X/14/516000 Contents Page List of abbreviations 2 Case details 3 Procedural Matters 3 The Sites and their Surroundings 5 The Proposals 8 Alternatives and site selection 9 The Case for the Applicants 9 The Case for Natural Resources Wales 34 The Cases for those supporting the application: Mr Nick Smith MP 42 Mr Dai Davies 43 Rev Geoff Waggett 43 Mr Robert Davies 44 Ms Sophie Rose 45 Mr Aled Davies 45 The Cases for those opposing the application: Brecon Beacons Park Society 46 Gwent Wildlife Trust 48 Open Spaces Society 50 Mr William Gibbs 52 Ms Gwyneth Love 54 Written Representations 54 CONCLUSIONS 58 Recommendation 69 Appearances 70 Documents 72 ISBN 978-1-4734-5291-6 www.planningportal.gov.uk/planninginspectorate 1 Report 516000 Abbreviations Biodiversity Action Plan BAP Brecon Beacons Park Society BBPS Brecon Beacons National Park BBNP Blaenau Gwent County Borough Council BGCBC Circuit of Wales CoW Countryside and Rights of Way Act 2000 CROW Act 2000 Full Time Equivalent FTE Gwent Wildlife Trust GWT International Dark Sky Reserve IDSR Local Development Plan LDP Lighting Management Plan LMP Local Nature Reserve LNR Natural Environment and Rural Communities Act 2006 NERC Act 2006 Natural Resources Wales NRW Open Spaces Society OSS Pre Inquiry Meeting PIM Special Area of Conservation SAC Scheduled Ancient Monument SAM Site of Importance for Nature Conservation SINC Special Landscape Area SLA Statement Of Common Ground SOCG Supplementary Planning Guidance SPG Site of Special Scientific Interest SSSI www.planningportal.gov.uk/planninginspectorate 2 Report 516000 File Ref: 516000 Site address: Trefil Las and Twyn Bryn-March Common (BCL015), Rassau, Ebbw Vale, Blaenau Gwent The application to deregister common land at Trefil Las and Twyn Bryn-March Common and provide Replacement Land is dated 1 September 2014. The Replacement Land is located in seven parcels at Bryn Farm, Brynmawr; Garden City Woodlands, Ebbw Vale; Waun-y-Pound, Ebbw Vale; Greenmeadow Farm, Abertillery; Sirhowy Woodlands, Tredegar; Crown Avenue, Tredegar; and Wentwood. The application was made by The Most Honourable Henry John Fitzroy Marquess of Worcester, Blaenau Gwent County Borough Council, and the Trustees of the Somerset Trust (Julian Richard Whately, Mathew James Wakefield & David Terrance Digby Harrel). The application is made under Section 16 of the Commons Act 2006. The application is made to enable the construction of the Circuit of Wales motorsport facility comprising: high performance circuit; motocross circuit; karting circuit; four-wheel drive circuit; riding academy; innovation centre; hotels; retail showrooms; ancillary retail; industrial and business uses; driver training area; solar park; camping; parking; landscaping and associated uses. The Commons Registration Authority for the common land to be deregistered is Powys County Council. Summary of Recommendation: the application be allowed and a Deregistration and Exchange Order be made. Procedural Matters 1. The application was advertised in the Gwent Gazette on 4th September 2014, re- advertised in the South Wales Argus and Gwent Gazette on 9th October 2014, notices were posted at the main points of entry to the lands and sent to various consultees, and relevant documentation was deposited at the Civic Centre, Ebbw Vale1. The applicants confirmed that the Inquiry Notice was posted on site by no later than 27th January 2015 and that along with relevant documentation it was deposited at the Civic Centre, Ebbw Vale2. The Notice was also published in the Gwent Gazette, the South Wales Argus and on the Planning Inspectorate’s web-site. 2. I held a Pre-Inquiry Meeting (PIM) at Blaenau Gwent County Borough Council’s General Office, Steelworks Road, Ebbw Vale on Wednesday 28th January 20153. The Inquiry was held at the same location and sat for 8 days on the 10th-13th and 17th-20th March 2015. I made informal unaccompanied site visits to the Release Land and Replacement Land parcels apart from Wentwood on the 27th January 2015. 3. At the Inquiry, it was agreed that there was no need for accompanied visits to the Replacement Land parcels and I visited them on an unaccompanied basis as follows: Wentwood on 12th March 2015; Garden City Woodlands, Greenmeadow Farm and Bryn 1 Applicants letters of 1st December (in ‘Applicant Response to Reps/Objs’ folder), 20th October & 11th September 2014, all in Planning Inspectorate’s file 2 Letter dated 26th February 2015 on Planning Inspectorate’s file 3 Notes of Meeting on Planning Inspectorate’s file www.planningportal.gov.uk/planninginspectorate 3 Report 516000 Farm on 13th March 2015; Waun-y-Pound, Sirhowy Woodlands and Crown Avenue on 18th March 2015. An accompanied visit to the Release Land and further areas of common proposed as Mitigation Land and Additional Mitigation Land was made on the 19th March 2015. During the course of the Inquiry, I also familiarised myself with the character and nature of the settlements in the northern part of Blaenau Gwent. 4. At the PIM I noted that it had come to light that where exchange land is crossed by a highway maintainable at public expense, the highway authority should be a party to the application as joint owner. Six of the Replacement Land parcels are owned by and in the administrative area of Blaenau Gwent County Borough Council (BGCBC). Five of these are crossed by public rights of way, but BGCBC is already a party to the application. The Replacement Land at Wentwood lies in Monmouthshire and is also crossed by public rights of way. In a letter dated 9th February 20154 Monmouthshire County Council, as highway authority, agreed to be a party to the application. 5. The application5 gives the area of the Release Land as 248.78 ha, but this includes part of the Rassau Industrial Estate which is shown in the planning application boundary as the points of access to the development area which is not common land. The applicants submitted a revised plan which shows an area of 244.39 ha6. There are some discrepancies between the areas given on the Section 16 Notice and those given on the application form7, but, subject to the specific matter referred to in the following sentences, the applicants confirm that the correct areas are given on the application form8. The area of Replacement Land at Sirhowy Woodlands was originally given as 48.99 ha. However, the Gwent Wildlife Trust (GWT) noted that it is partly in third party ownership9. As a result, the applicants submitted a revised plan which shows an area of 48.83 ha10. 6. In this case there is no intention to transfer any rights of common to the Replacement Land. At the PIM I drew attention to the requirement in sub-section 17(2)(b) of the Commons Act 200611 which requires the registration authority to register as exercisable over the Replacement Land any rights of common which, immediately before the replacement date, are exercisable over the Release Land. At the Inquiry, I asked whether it was possible to have a common with no rights of common registered over it, which would be the position in respect of the Replacement Land parcels in this 4 On Planning Inspectorate’s file 5 Core Document CD18 6 Document A2 7 Both in Core Document CD18 (Tabs 1, 2 & 3) 8 Applicants letter of 1st December 2014 in ‘Applicant Response to Reps/Objs’ folder in Planning Inspectorate’s file 9 ‘Additional Evidence: Exchange Sites’ submitted 2nd March 2015 10 Document A2 (it should be noted that the areas for Bryn Farm and Garden City Woodlands shown on this Document are incorrect – see Applicants e-mail of 17 April 2015 on Planning Inspectorate’s file) 11 Core Document CD02 www.planningportal.gov.uk/planninginspectorate 4 Report 516000 case. The applicants provided legal submissions in respect of these matters and the first is also addressed in a Position Statement from solicitors acting on behalf of rights holders on BCL1512. 7. The planning permission is subject to a Section 106 Agreement13 and an unsigned Deed of Variation thereto14 was submitted at the Inquiry. The applicants were given a period of 14 days from the close of the Inquiry to submit an executed version and this was done15. 8. At the Inquiry, the GWT sought to cross-examine Natural Resources Wales (NRW) witnesses. However, NRW’s advocate objected to such a course of action and I ruled that GWT could not do so on the basis that, as objectors, they could only cross- examine the applicants and supporters of the application. 9. The following corrections to the Statement of Evidence of Mr Richard Jones (NRW witness) are highlighted. Insofar as the Replacement Land at Greenmeadow Farm is concerned, the evidence should state that it is part designated as a Site of Importance for Nature Conservation (SINC) not a Local Nature Reserve (LNR). The Table at Appendix 2 should be replaced with that enclosed with Mr Jones’ e-mail of 3rd March 201516. 10. Some documentation, including BGCBC’s Head of Legal and Corporate Compliance’s report in respect of use of Council land as Replacement Land17 and the Additional Information forming part of the application18, refers to some of the Replacement Land parcels as ‘Sites of Special Landscape Importance/Significance’ designated under Local Development Plan (LDP) policy ENV3.
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