Agenda item

            That the conditions be varied as detailed in the report of the Head of Planning.

The Committee considered the report of the Head of Planning in respect of this application.  The usual consultations had been undertaken and the responses received detailed in the report.  Additional comments received since the preparation of the report were circulated at the meeting. 

                        The Head of Planning introduced Mr. Rhys Davies, a consultant, who would present the report on the application. 

                        Mr. R. Davies detailed the background to the report and referred Members to the late observations.  He advised Members of the comments from the adjoining ward Member, Councillor Cindy Hinds, which included that she felt that the Community Council and residents were continually having their views disregarded and that the latest application wanted to drastically alter the application for light industrial use by removing the majority of the critical safeguards and conditions of the original application.  Mr. Davies provided full details of the conditions which the application was seeking to vary and explained that the current wording required details to be submitted and implemented in full before any development on the site.  If the application was approved, the conditions would still require the details to be submitted prior to commencement but the development could be carried out in phases.  Consideration had to be given as to whether conditions applied met the tests set out in Welsh Government (WG) Circular 35/95 which included the tests of necessity and reasonableness.  The applicant felt that the conditions as currently set out failed those tests as they required implementation of a number of matters in full prior to the occupation of any part of the development.  As a result of the conditions the applicant had been unable to secure development funding and it was reported that the conditions in their current form could fail the tests of necessity and reasonableness. 

                        A member of the public asked a question and was advised by the Chairman that he was not able to speak.     

            Councillor Owen Thomas proposed the recommendation for approval which was duly seconded.  He highlighted paragraph 7.11 and said that there was a need to move forward.  Councillor Mike Peers concurred and said that he had no hesitation in supporting the application. 

            The member of the public spoke again and was advised by the Democracy & Governance Manager of the procedure under paragraph 20.1 of the procedural rules that he would be removed from the Chamber if he continued to interrupt the meeting.   

            Councillor Carolyn Thomas raised concern about the number of changes to the conditions and queried why so many conditions had been included on the application.  She said the application had permission with conditions for light industrial use and that to remove the conditions would have an impact on the area.  Councillor Thomas also queried why the application for housing on the site was not shown in the site history. 

            Councillor Ron Hampson said that it made sense to develop it bit by bit.  He added that the conditions were still stringent.  Councillor Richard Jones said that the current conditions did not pass the tests in the WG 35/95 circular and that they were put in place when it was proposed that the site would be for a single user but that was now not the case. 

            Mr. Davies concurred with the comments of Councillor Jones.  He added that Planning Policy Wales (PPW) had also been changed in line with broader economic developments since the application was approved in January 2012 and to retain the conditions would be contrary to PPW guidance.  The safeguards were still in place and would ensure that each element of the site could work in isolation and not impact on the biodiversity of the site.  Mr. Davies also referred Councillor Thomas to the site history where the application for housing which had been withdrawn was included.   

            RESOLVED:

            That the conditions be varied as detailed in the report of the Head of Planning.