Agenda item

            That removal of the condition be deferred to await a response to a letter to be sent to Welsh Water about how they intended to manage the risks and what would happen if the works were not completed by 31 March 2015. 

The Committee considered the report of the Chief Officer (Planning and Environment) in respect of this application.  The usual consultations had been undertaken and the responses received detailed in the report.

            The officer detailed the background to the report and explained that it was requested that condition 6 be removed as the developer had agreed to the scheme but Welsh Water had now decided to deliver the works alongside another scheme of works which would be completed by 31 March 2015.  Welsh Water had no objections to the scheme as the reason to object no longer existed.  

            Councillor Alison Halford proposed refusal of the application, against officer recommendation, which was duly seconded.  She raised concern at the request to remove the condition and queried whether the problem had now been resolved.  Councillor David Evans concurred and said that if the works had not been undertaken, then the condition should remain in place. 

            The Local Member, Councillor Clive Carver, indicated that he had been in discussions with the Chief Officer (Governance) who had advised that his previous personal and prejudicial interest in the application no longer existed.  However, he still felt that he had a personal interest and declared this at the meeting.  The Planning Inspector introduced himself at the Public Inquiry as a Civil Engineer with experience in drainage; therefore I would give particular weight to his Condition 6 where he explicitly stated that no development should commence until a scheme of improvement to the off-site drainage in Mancot Lane had been submitted and approved in writing by the Local Planning Authority.  The applicant had sought to amend the condition 6 in July 2014 and now wanted to remove the condition from the application.  He felt that the request to remove the condition was premature and he spoke of a letter from Welsh Water on management of flows and in reiterating his concern, felt that it was inappropriate to remove the condition. 

            Councillor Derek Butler said Welsh Water was the statutory authority and they had indicated that condition 6 was no longer required.  Councillor Richard Jones highlighted the comments in the report that the flood mitigation scheme was to be undertaken by 31 March 2015.  He felt that the condition should still apply to prevent flooding.  Councillor Gareth Roberts queried whether the works would be completed by that date.  Councillor Mike Peers suggested that Welsh Water notify the Council when the work had been completed and that the condition could be lifted at that stage. 

            In response, the officer explained that it was anticipated that the works would be completed in advance of 31 March 2015 and that Welsh Water had advised that the condition was no longer required as the flows from the development could be managed.  If the application was refused and the applicant appealed, there would be no defendable evidence against what had been notified by Welsh Water.  The Chief Officer (Planning and Environment) suggested that removal of the condition could be deferred to allow officers to contact Welsh Water about the management of the risks.  Councillor Richard Jones proposed deferment of the application and this was duly seconded.  The Planning Strategy Manager felt that the letter to Welsh Water should also ask what would happen if the works were not completed by 31 March 2015. 

            In summing up, Councillor Halford disagreed with the comments in paragraph 7.06 and sought clarification on the proof that the flows could be adequately managed. 

            On being put to the vote, the proposal to defer the application was CARRIED.      

            RESOLVED:

            That removal of the condition be deferred to await a response to a letter to be sent to Welsh Water about how they intended to manage the risks and what would happen if the works were not completed by 31 March 2015.