Planning Committee – 4Th April, 2019

REPORT TO: THE CHAIR AND MEMBERS OF THE COUNCIL

SUBJECT: PLANNING COMMITTEE – 4TH APRIL, 2019

REPORT OF: DEMOCRATIC SERVICES OFFICER

PRESENT: COUNCILLOR D. HANCOCK (CHAIR)

Councillors: D. Bevan M. Cook S. Healy W. Hodgins M. Moore J. P. Morgan K. Pritchard K. Rowson B. Summers B. Thomas D. Wilkshire B. Willis

WITH: Service Manager - Development Team Leader - Highways & Development Team Leader – Development Management Solicitor

DECISIONS UNDER DELEGATED POWERS

ITEM SUBJECT ACTION

No. 1 SIMULTANEOUS TRANSLATION

It was noted that no requests had been received for the simultaneous translation service.

No. 2 APOLOGIES

Apologies for absence was received from:

Councillor G. L. Davies.

No. 3 DECLARATIONS OF INTEREST AND DISPENSATIONS

The following declaration of interest was received:

Councillor S. Healy – Item 4 – Planning Fees, Preliminary Enquiry Service

No. 4 PLANNING FEES, PRELIMINARY ENQUIRY SERVICE

Consideration was given to the report of the Head of Regeneration.

Councillor S. Healy left the meeting at this juncture.

The Service Manager – Development explained the review of the schedule of charges for customers and requested that should the report be agreed, a timeframe to commence the review would need to be confirmed.

The report was welcomed by Members and it was felt that the review should commence immediately (5th April, 2019) with information on the changes being distributed by way of a letter drop to agents with immediate effect.

A Member welcomed the removal of the exemption that allowed housing associations to obtain free advice in the interest of fairness and cost recovery.

It was noted that due to Planning having delegated powers this item would not have to be submitted to Full Council. RESOLVED that the report be accepted and Option 2 be endorsed, namely to introduce a revised scale of charges as outlined at Appendix 1, to commence on 5th April, 2019.

No. 5 APPEALS, CONSULTATIONS AND DNS UPDATE APRIL, 2019

Consideration was given to the report of the Team Manager – Development.

The Service Manager – Development provided Members with an update in relation to the Planning Appeal Cases.

RESOLVED that the report be accepted and the information contained therein be noted.

No. 6 SECTION 174 APPEAL: ENFORCEMENT NOTICE IN RESPECT OF UNAUTHORISED CHANGE OF USE OF LAND AT CHAPEL FARM, COALBROOKVALE, NANTYGLO

Consideration was given to report of the Service Manager - Development.

The Service Manager - Development provided Members with an update in relation to the Appeal regarding the change of use of land at Chapel Farm, Coalbrookvale, Nantyglo, with the aid of slides.

Appreciation was given to the Officer regarding the enforcement taken in relation to this appeal.

RESOLVED, subject to the foregoing, that the report be accepted and the information contained therein be noted.

No. 7 PLANNING APPEAL UPDATE: 18 MORGAN STREET, TREDEGAR

Consideration was given to report of the Team Manager – Development Management.

The Service Manager - Development provided Members with an update in relation to 18 Morgan Street, Tredegar.

A Member referred to problems surrounding HMOs, with highways being one of the main concerns and asked if applicants could be provided with appropriate guidance. The Service Manager stated that it had been agreed to hold a Member Briefing following the AGM in May, with the Environment Health Team, where appropriate guidance could be given. The Officer confirmed that as well as guidance the applicants needed to be aware of the authority’s rules, which would undoubtedly reduce appeals.

RESOLVED that the report be accepted and the information contained therein be noted.

No. 8 LIST OF APPLICATIONS DECIDED UNDER DELEGATED POWERS BETWEEN 26th FEBRUARY, 2019 AND 22nd MARCH, 2019

To consider the report of the Service Manager – Development.

C/2019/0028 – Glanffrwd Court, Glanffrwd Terrace, Ebbw Vale

In response to a question the Service Manager clarified that this was a new application.

RESOLVED that the report be accepted and the list of applications decided under delegated powers between 26th February, 2019 and 22nd March, 2019 be noted.

No. 9 PLANNING APPLICATIONS REPORT

Consideration was given to report of the Team Manager – Development Management.

The Service Manager - Development explained the following planning applications to Members with the aid of slides.

C/2018/0285 Gardeners Cottage, Woodland Terrace, Nantyglo

The Officer informed Members that this application had been granted planning permission on two previous occasions.

A Member questioned the position with the sceptic tank and the Officer confirmed that although this had originally been a concern, it was an issue that could be overcome.

A Member stated that having known this property for a considerable length of time he did not feel that there was reason for refusal and would therefore request a site meeting be held.

A Member queried the previous planning permission that had been granted in 2005 and in 2008 and was under the impression that if the property was abandoned and there was proof that work had commenced, there was no time restriction. The Officer explained that the physical condition of the building needed to be examined and it was established that it had not been used for the past 34 years; he continued that work had previously commenced; however it had never been completed.

In response to a question raised the Officer confirmed that it was the same applicant on each application.

Concern was raised regarding the applicant not having access through the right of way and the Officer explained that although the right of way was not in the applicant’s ownership, access had been allowed; however, no improvement work could be carried out by the applicant.

Reference was made to the applicant refusing to carry out a bat survey and the Team Leader – Development Management stated that the rationale for this was that the applicant had been reluctant to pay for a survey prior to planning approval being given.

Upon a vote being taken, it was therefore:

RESOLVED that a SITE MEETING be convened.

C/2019/0009 Land to the North East of Unit 29, Rassau Industrial Estate, Rassau

A Member referred to the visual impact of the new business units and it was hoped that they would be of an acceptable standard. The Service Manager confirmed that they would be of the normal standard industrial units.

RESOLVED that the report be accepted and the information contained therein be noted.

No. 10 ANY AREAS FOR MEMBER TRAINING/BRIEFINGS

The Service Manager – Development undertook to provide Service a briefing session on HMOs to be arranged in July, 2019. Manager

No. 11 ENFORCEMENT CLOSED CASES BETWEEN 26TH FEBRUARY, 2019 AND 22ND MARCH, 2019

Having regard to the views expressed by the Proper Officer regarding the public interest test, that on balance the public interest in maintaining the exemption outweighed the public interest in disclosing the information and that the report should be exempt.

RESOLVED that the public be excluded whilst this item of business is transacted as it is likely there would be a disclosure of exempt information as defined in Paragraph 12, Schedule 12A of the Local Government Act 1972.

Consideration was given to the report of the Service Manager – Development which was presented to report alleged breaches of planning control that have been investigated and the case has now been closed.

RESOLVED that the report, which contained information relating to the business affairs of persons other than the Authority be accepted and the recommendations contained therein be accepted.

No. 12 COURT PROSECUTION

Consideration was given to the report of the Compliance Officer which was presented to advise Members of the successful prosecution for non-compliance with a Breach of Condition Notice (BCN).

It was noted that this Court Prosecution had the potential of further proceedings.

The Officer clarified points raised by a Member and it was:

RESOLVED that the report, which contained information relating to the business affairs of persons other than the Authority be accepted and the recommendations contained therein be accepted.