Agenda and minutes

Planning, Regulatory & General Licensing Committee
Thursday, 1st October, 2020 2.00 pm

Venue: Virtually Via Microsoft Teams - if you would like to attend this meeting live via Microsoft Teams please contact committee.services@blaenau-gwent.gov.uk

Contact: Democratic Services  6139

Media

Items
No. Item

1.

Simultaneous Translation

You are welcome to use Welsh at the meeting a minimum notice period of 3 working days is required should you wish to do so.  A simultaneous translation will be provided if requested.

Minutes:

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

 

2.

Apologies

To receive.

Minutes:

The following apologies for absence were received from:-

 

Councillors B. Thomas and D. Wilkshire.

 

3.

Declarations of Interest and Dispensations

To consider any declarations of interest and dispensations made.

Minutes:

There were no declarations of interest or dispensations reported.

 

4.

Appeals, Consultations and DNS Update October 2020 pdf icon PDF 267 KB

To consider the report of the Service Manager Development and Estates.

Minutes:

Consideration was given to the report of the Service Manager Development and Estates.

 

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

 

5.

Enforcement Appeal Update: 7 Brynawel, Brynmawr pdf icon PDF 173 KB

To consider the report of the Planning Compliance Officer.

Additional documents:

Minutes:

ENFORCEMENT APPEAL UPDATE:

7 BRYNAWEL, BRYNMAWR

 

Consideration was given to the report of the Planning Compliance Officer.

 

RESOLVED that the report be accepted and the appeal decision for Enforcement Notice CO/2019/00052 as attached at Appendix A be noted.

 

6.

Enforcement Appeal Update: Land at Star Fields, Ebbw Vale pdf icon PDF 237 KB

To consider the report of the Planning Compliance Officer.

Additional documents:

Minutes:

Consideration was given to the report of the Planning Compliance Officer.

 

Discussions ensued in relation to the compliance period and it was advised that the Inspector had granted 6 months from the 11/09/2020. The completion date had been noted and compliance visits would be made over the 6-month period.

 

RESOLVED that the report be accepted and the appeal decision for Enforcement Notice CO/2019/00105 as attached at Appendix A be noted.

 

7.

Planning Appeal Update: Former Llanhilleth Rugby Club (The Walpol), Commercial Road, Llanhilleth pdf icon PDF 236 KB

 

To consider the report of the Planning Officer.

Additional documents:

Minutes:

Consideration was given to the report of the Planning Compliance Officer.

 

The Chair and Members of the Planning Committee welcomed the appeal decision and felt that the decision would also be favoured by local residents.

 

RESOLVED that the report be accepted and the appeal decisions for planning application C/2019/0312 and C/2019/0318 as attached at Appendix A be noted.

 

8.

Planning Appeal Update: 39 Beaufort Hill, Beaufort, Ebbw Vale pdf icon PDF 234 KB

To consider the report of the Planning Officer.

Additional documents:

Minutes:

Consideration was given to the report of the Team Leader, Development Management.

 

A Ward Member noted his disappointment at the outcome of this appeal and remained of the opinion that the development posed a safety risk due to the location.

 

RESOLVED that the report be accepted and the appeal decision for planning application C/2020/0036 as attached at Appendix A be noted.

9.

List of applications decided under delegated powers between 17th August 2020 and 17th September 2020 pdf icon PDF 200 KB

To consider the report of the Senior Business Support Officer.

Minutes:

Consideration was given to the report of the Senior Business Support Officer.

 

RESOLVED, that the report be accepted and the list of applications decided under delegated powers between 17th August and 17th September, 2020 be noted.

 

10.

Enforcement Report pdf icon PDF 671 KB

To consider the report of the Team Manager Development Management.

Minutes:

Consideration was given to the report of the Team Leader, Development Management.

 

RESOLVED that the report be accepted and noted that the file was closed.

 

11.

Planning Applications Report pdf icon PDF 1 MB

To consider the report of the Team Manager Development Management.

Minutes:

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

 

Application No. C/2020/0148

The Bridge, Station Approach, Pontygof, Ebbw Vale

Change of use to Nursery, Bin Storage, Escape Stair, Landscaping and Associated Car Park

 

The Service Management Development & Estates outlined the planning application and noted that planning permission had previously been refused by the Committee on 11th February, 2020. The Service Manager advised that the reason for refusal was that the site was located within a flood zone C2 as defined by TAN 15 and National planning policy advised that highly vulnerable use such as the proposed nursery should not be permitted in such an area. The current application was a resubmission which seeks to overcome that reason for refusal.

 

The Service Management Development & Estates added that the application details are the same as those submitted previously, apart from the addition of a Technical Note on Flood Risk for the site which had been commissioned by the Applicant. The technical note was in the form of Flood Consequence Assessment (FCA) which examined the likely cause of flooding and the risks.

 

The Service Manager Development Management drew Members attention to external consultation and the response from Natural Resource Wales (NRW). The NRW stated that the site lies entirely within Zone C2 as defined by the Development Advice Map (DAM) referred to in Technical Advice Note 15: Development and Flood Risk (TAN15). The TAN 15 framework also referred to the vulnerable development category which as noted a nursey was in this group. The applicants FCA had been received and the Service Manager outlined the points of the review and noted that in accordance with the FCA no objection was raised to the proposed development. However, the application site remained in Zone C2 and the submission of the FCA would not alter this fact. The Local Authority should therefore determine this application based on the location being within Zone C2.

 

It was further informed that the DAM zones could be challenged and a flood map challenge would need to be

submitted on completion of any proposed works. However, NRW are not currently accepting flood map challenges, pending an update to TAN15 by Welsh Government.

 

The Service Manager noted that the tests should only be applied to low vulnerable development in Zone C2. This development was highly vulnerable. The FCA and the tests in TAN 15 are not to be applied to highly vulnerable developments. Therefore, consideration of the proposed development in relation to the justification and acceptability tests was a misinterpretation of the policy and the requirements of TAN 15. Although this was a critical point, the Service Manager also acknowledged that the FCA concluded the threshold of flooding was largely, but not entirely, in accordance with the guideline values outlined in TAN 15.

 

The Service Manager concluded that this application was of a complex nature. There was the benefit of creating local jobs as well as enhancement to the  ...  view the full minutes text for item 11.

12.

Areas for Member Briefings/Training

To consider.

Minutes:

No areas for training and Members Briefing were brought forward.

 

13.

Enforcement closed cases between 14th July 2020 and 16th September 2020

To consider the report of the Service Manager Development.

Minutes:

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 (as amended).

 

Consideration was given to the report of the Service Manager Development & Estates.

 

RESOLVED that the report which contained information relating to a particular individual be accepted and the information contained therein be noted.