DATE OF COMMITTEE: 08-Jan-2015

APPLICATION NO. 12/P/00288 RECEIVED: 12 June 2012

PROPOSAL: Outline application for the development of land at Llantarnam for employment (B1), residential (C3), a neighbourhood centre (including A1 retail and D1 community uses), together with vehicular and pedestrian/cycle access including new highway junction on Newport Road, realignment of Malthouse Lane, re-grading of site to form new site levels and associated infrastructure works, parking, servicing, landscaping and public open space provision

LOCATION: Land at Llantarnam, adjacent to Malthouse Lane, Llantarnam, Cwmbran

APPLICATION TYPE: Outline Planning

APPLICANT: Redrow Homes Ltd c/o Nathanial Litchfield Partners Ltd

BACKGROUND

A site visit by the Planning Committee was carried out on 10 December 2014.This application was submitted in July 2012 when an initial round of consultation was undertaken. However, given that the application was a proposed allocation for mixed use development in the emerging Local Development Plan (LDP), the application was held in abeyance pending consideration at the LDP Inquiry and the ensuing adoption of the LDP.

The LDP was adopted in December 2013 and allocates the Llantarnam Strategic Action Area under Policy SA3 which seeks to deliver, ‘450 dwellings, 8 hectares of employment and residential areas in South Llantarnam through the creation of a quality mixed use community with a new neighbourhood centre providing facilities for both the existing and future community’.

The application site largely reflects this allocation. However, it does not include an area of land allocated for employment use within the SA3 Strategic Area. This land is located in the northern part of the site, adjacent to the Parkway Hotel and Cwmbran Drive. This land has been omitted from the application as the applicant didn’t pursue purchasing the site.

The majority of the application site was originally allocated for employment land under Policy ED1 of the Torfaen Local Plan (2001). Outline planning consent was granted for employment use on Land to the North of Malthouse Lane site in 2007. An application for the renewal of this consent was submitted in 2010 but remains under consideration. This parcel of land does not currently benefit from any planning consents.

A draft Development Framework for the site was prepared and consulted upon in December 2011. This draft Development Framework, along with an appendix which included the applicants’ response to the issues raised during the consultation process, was submitted to and considered during the Local Development Plan (LDP) Examination in Public in the summer of 2013. The Inspector accepted the allocation stating:

‘This is a logical rounding-off of the southern edge of the town. Whilst I accept that the housing area in the east of the site would impinge on land which formerlycontributed to the setting of Llantarnam Abbey, the construction of the A4042 severed that link in landscape terms and I do not consider that the remaining structures within the area proposed for development would be unacceptably harmed by incorporation into a more urban setting ... I acknowledge that there are a numberof premises offered for sale or to let in the existing Business Park, but that position is likely to change over time and the provision of a wider choice of employment sites is key to achieving the Council’s overall strategy.’

The most recent version of the Development Framework was submitted as part of the updated planning application in September 2014. This document attempts to address issues raised during the consultation process for the planning application in 2012. This document has not been adopted but forms a background document for the planning submission.

A previous application on part of the site to the east of Newport Road (known as Malthouse Lane north) was previously granted outline consent in December 2007 for B1, B2 and B8 industrial development (application no. 05/P/11970) in accordance with the former Local Plan allocation. Consent was granted to effectively renew the permission in November 2010 (application no. 10/P/00477) by extending the period within which to submit reserved matters. The renewal permission was subject to submission of reserved matters by December 2012 and commencement of development by December 2015 or 2 years from approval of reserved matters whichever was the later. A further application (12/P/00653) to renew this permission was submitted in December 2012 but is being held in abeyance pending the outcome of the current application for residential development which is subject to this report.

LOCATION & DESCRIPTIONThe application relates to an area of land in Llantarnam, Cwmbran. The total area of the application site is 24 hectares. The development is divided into four key areas:Malthouse Lane North - The land parcel to the north of Malthouse North is currently farmland and measures 8.85 hectares in area. This parcel is located between the A4042, which runs to the east of the site, and Newport Road, which runs to the west of the site. It is within the boundaries of Llantarnam Abbey Historic Park and Garden which is grade II registered. The land slopes gently downward, towards the Abbey grounds to the north. The northern entrance to the Abbey grounds is located adjacent to the north-western corner of the site, with the southern access road to the Abbey running close to the northern boundary of the application site. The Llantarnam Conservation Area Boundary also runs in this vicinity. The gate house – Magna Porta Lodge- at this entrance is a Grade II listed building. A high stone wall

runs around the western and southern boundaries of this land parcel. It is considered that the western section of the wall is listed as it is physically connected to Magna Porta Lodge. The site contains a number of mature trees and water courses.

Welsh Government Land - This parcel of land, currently owned by the Welsh Government, is 2.5 hectares in area and is located in the central part of the development, between Newport Rd and The Blackbirds Public House. This land is currently vacant and includes an overgrown area of scrub and semi-mature trees.

Malthouse Lane South - This parcel of land measures 2.54 hectares in area and is currently used as farmland. The land is currently accessed via Malthouse Lane which forms its northern boundary. The residential area of Lansdowne Gardens borders the southern-western part of this site. The A4042 runs to the east of the site. There are woodland areas to the eastern and southern boundaries of this land parcel as well as a number of individual trees, including a large oak in the middle of the field.

The Cottage ( the Western area of the site) – This part of the application site is 9.38 hectares in area. It is predominantly existing farmland. This part of the site is bounded by Ty Coch Lane and beyond that Llantarnam Industrial Park to the east and Cwmbran Drive to the west. Pentre Lane, to the south, includes a number of residential properties. An electricity substation is located immediately to the north of the site.

PROPOSED DEVELOPMENTThis is an outline application with all matters reserved for future consideration, except for access. The application seeks consent for the mixed use development of an area of 24 hectares in Llantarnam, Cwmbran. The LDP allocation identifies the site for the following development;‘the construction of 450 dwellings, 8 hectares of employment land, a neighbourhood centre and informal recreation provision aided by strategic highway infrastructure improvements’.

The application site includes the majority of this allocation.

The application site includes the following key areas:

- Malthouse Lane North – This would include housing and open space (up to 230 dwellings).

Welsh Government Land – This would include retail units, other small commercial units, residential development, car parking and public amenity space. This would include up to 500 sq m net of A1 convenience floorspace and 400 sq m net of A1/A2/A3 non-food retail floorspace & up to 31 dwellings.

- Land to the south of Malthouse South - This would include housing and open space (up to 64 dwellings).

- The Cottage - This would include employment development, housing and open space (up to 125 dwellings).

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A phasing plan has been submitted in support of the application as follows:

- Phase One would focus upon land to the west of Newport Road. The initial part of this phase would include the residential development of the Cottage land and the village core on the Welsh Government site. A ‘T’ junction would be constructed on Newport Road to serve Phase One of the development, with an access road running westward passed the village core, to the residential site and linking to the employment land.

- Phases Two & Three would focus upon land to the east of Newport Road and would require the upgrading of the ‘T’ junction to a 4 arm roundabout. The western part of the land to the North of Malthouse Lane would be developed first, followed by the eastern part and then land to the south of Malthouse Lane.

The overall mix of uses includes up to:- employment/office space - 450 residential units- 900 sq metres retail uses- 900 sq metres community uses- 8.7 hectares of public open space

The application is accompanied by the following documents:

Design and Access Statement (original version received July 2012, revised version submitted September 2014).

Development Framework (original submitted in support of the application in July 2012, a revised version was submitted in September 2014).

Planning Statement Transport Assessment & Travel Plan Environmental Statement (including Non Technical Summary) (original

version submitted July 2012). Given that over two years had passed since the original consultation period, an updated version of these documents was submitted in an addendum in September 2014. Amendments included details of a T junction to serve Phase One of the development and a revised phasing plan. An additional addendum to these documents was submitted in December 2014. These included full details of a T junction to serve Phase One of the development.

Illustrative Masterplan Indicative Plans, including parameters, comprising:

o Land use/ amounto Movement and accesso Heights and densityo Landscaping & public open spaceo Phasing Plan

The Environmental Statement covers the following matters:

Socio Economic Effects

Transport Ground conditions Water resources Ecology Landscape and Visual Noise and Vibration Air Quality Cultural Heritage

Socio Economic Effects

This chapter of the ES considers the predicted socio economic effects of the development. It concludes that the socio-economic impact of the development, both during construction, once completed and its cumulative impact will be beneficial to the area.

Transport

This chapter of the ES considers the possible impact of the proposed development in terms of traffic and transportation. A Transport Impact Assessment has been submitted.

The development would straddle Newport Rd and therefore the main point of access to the development would be off this highway. The application seeks consent for an access which would be constructed on Newport Road, around 45 metres to the north of Malthouse Lane.

The addendum to the ES submitted in December 2014 states that Phase One would be served by a ‘T junction, which would be constructed on Newport Road at the commencement of development. This ‘T’ junction would include the formation of a protected right turn lane when travelling southwards along Newport Road. The junction would include pedestrian refuge islands. The ‘T’ junction would provide access to the first phases of the residential development on the western side of Newport Road. The Authority’s Highways Engineer and the Environmental Statement confirm that the ‘T’ junction is adequate to serve development to the west of Newport Road (Phase 1).

Prior to the commencement of Phase two of the development, the T junction would be upgraded to a four arm roundabout constructed around 45 metres to the north of the Malthouse Lane junction onto Newport Road. As part of the phase 2 works Malthouse Lane would be blocked off and realigned through the phase 2 development. The new roundabout would create a new access to the western part of the site and would link into the realigned Malthouse Lane to the east.

The ES considers that overall there would generally be a negligible increase in traffic flows on the local road network as a result of the development. However, it has been identified that minor adverse and moderate adverse impacts on the traffic flow would be experienced along Newport Road at peak times. The ES identifies mitigation measures including works to the Crown & Woodland Roundabouts. The works

proposed at Phase One would include increasing the capacity of Woodlands Roundabout through the widening of the Newport Road arm. Bus stops would also be provided at this stage on Newport Road, adjacent to the proposed ‘T’ junction access. The ES considered that, with mitigation, following completion of the development there would be negligible negative impact upon traffic flows.

Ground conditions

This section of the ES reviews the nature of materials found across the site and considers the implications of contamination and ground conditions on the proposed development. It is concluded that residual effects would be negligible.

Water resources

This chapter of the ES investigates the hydrological regime associated with the existing site and establishes a sustainable drainage strategy that will serve to protect the hydrological status quo to support the development. It sets out the foul and surface water strategy which will be prepared for the site in consultation with Welsh Water. It also assesses the flood risk of the site. It concludes that, whilst there would potentially be short term and highly localised impacts at the construction phase, there would be a moderate beneficial impact upon water resources following completion.

Ecology Chapter 9 of the ES examines the likely significant ecological effects of the proposed development at the site and includes a summary of the ecological surveys undertaken and the current baseline conditions. Ecological surveys, including those for bats and Badgers, were been undertaken at the Site in 2009, 2011 and 2014. The ES states that the proposed development would not lead to a significant impact on any known protected species or ecological features.

Landscape and Visual

Chapter 10 of the ES assesses the existing landscape character and the development’s impact on it and the visual impact.

The study considers that the application site has a transitional character that relates to both the urban fringe to the south, the open rural landscape to the east and west and the industrial use to the north. The majority of views of the study area are limited to medium to close range view points from within the study area. The proposal to extend the urban fringe across the northern and southern parts of the site would relate well to the existing pattern of development. The removal of some site vegetation, including hedgerows and an oak, would be mitigated by the provision of new trees.

The assessment states that where receptors are located in a rural context the effect of the proposals would be to bring the urban edges to the north and south together. Planting along perimeters would help screen parts of the development.

The ES advises that the mitigation strategy would improve the appearance of the urban fringe and partially screen the development.

Noise and Vibration

This chapter of the ES assesses the likely significant noise and vibration impacts of the development. It considers the potential effects of noise and vibration during the demolition and construction works and on completion of the development upon occupants of the proposed buildings and surrounding sensitive receptors.

It concludes that the construction activities will inevitably give rise to some noise disturbance. However, it recommends that steps can be taken to minimise any impacts by the preparation of a Noise Management Plan.

The assessment found that, taking into account existing noise sources, the majority of the site is suitable for residential use. However, it states that the proposed residential dwellings adjacent to the A4051 and A4042 would need to be designed as such to minimise any impact of any noise. With properties so designed it is unlikely that internal noise would be affected by traffic noise.

The assessment considers that vibration levels during construction and operation would not be perceptible

Air Quality

An Air Quality Assessment has been carried out as part of the EIA to assess the potential air quality impacts of the development arising from the generation of extra traffic associated with the development. It concludes that the effects of the development upon local air quality will not be significant.

Cultural Heritage

This chapter of the ES outlines the likely impact the development is expected to have on the archaeological and historical environment and the measures considered suitable to minimise any adverse impacts. The ES considers the key elements of the development site with heritage significance to be;

- the eastern part of the site, which is situated within the boundaries of the Grade II Registered Park at Llantarnam Abbey.

- The stone boundary wall for the Registered Park which is listed in most parts

The study states that the site has been ‘severed from Llantarnam Abbey and the majority of the surrounding parkland by the construction of the A4042, a major dual carriageway. As such, development within the site is considered unlikely to impact upon the coherence, integrity, and significance of the remaining elements of the park, which lie to the east of the A4042 and will not be impacted by development’. The ES states that mitigation measures to limit the impact include sympathetic design, limiting development to two storeys, use of open space and landscaping tree belts to screen the development. The ES states that the development would have a

moderate adverse impact upon the Registered Park with a moderate significant effect.

The ES concludes that, taking into account an industrial planning consent which is valid until November 2015, there would be no change, resulting in an effect of neutral significance. However, it should be noted the implementation of that application would be dependent on the approval of the current application (12/P/00653) referred to in the background of this report which is to extend the period for submission of reserved matters.

The proposal would involve the loss of two stretches of stone wall. The ES states that 101 metres of wall would be removed along Newport Road (to accommodate the proposed roundabout access) and 120 metres along Malthouse Lane. The section along Malthouse Lane would be rebuilt. The ES concludes that, subject to the wall being accurately recorded, these works would be of minor significance.

POLICY CONTEXT

Local Development Plan (2006-2021) Torfaen County Borough Council’s Local Development Plan was formally adopted in December 2013.Llantarnam Strategic Action Area is allocated within the plan under Policy SA3. The Action Area seeks to deliver,

‘450 dwellings, 8 hectares of employment and residential areas in South Llantarnam through the creation of a quality mixed use community with a new neighbourhood centre providing facilities for both the existing and future community’.

Policy S2: Sustainable Development – Provides for development proposal which demonstrate they have taken account of a set of principles including contributing to the regeneration of existing communities and their infrastructure, promotion of a sustainable transport hierarchy as well as efficient use of the land, conservation and enhancement of the natural and built environment, promotion of the economy and employment growth and finally are located within the Urban Boundary unless it is an acceptable development in the countryside. Policy S3: Climate Change – Proposals shall seek to mitigate against the causes of further climate change.Policy S4: Place Making/Good Design – Proposals should have full regard to the context of the local natural and built environment through promotion of local distinctiveness by sympathetic design, material selection and layout in addition to delivering a mix of uses and ensuring that location and layout integrates and contributes to local accessibility. Policy S5: Housing – Makes provision for the development of 4,700 dwellings in Torfaen (Approx. 550 in North Torfaen, 1,875 in Pontypool and 2,275 in CwmbranPolicy S6: Employment and Economy – Includes the provision to enhance town centre based employment and economic uses and to increase the tourism, leisure and retail offer in Torfaen.

Policy S7: Conservation of the Natural and Historic Environment – The natural and historic environment of Torfaen will be conserved and enhanced.Policy S8: Planning Obligations – Relates to planning obligations through Section 106 legal agreements and states that they will be required on development proposals to address the impacts of development and to make the proposal acceptable in land use planning terms. Planning obligations will be specifically targeted to achieve the key priorities of the following:

a) Affordable housing; b) Open space, children’s play spaces and formal outdoor recreation

facilities;c) Investment in educational provision; d) Highways and transport infrastructure management and improvements

(including walking and cycling infrastructure and public transport facilities and services);

e) Maintenance and enhancement of the environment, historic assets and biodiversity networks and resources; and may also include, but are not limited to:

f) Community facilities; g) Employment and commercial opportunities; h) Waste management facilities and services; i) Public realm improvements and public art; j) Renewable energy and energy efficiency; k) Improvements to the Monmouthshire and Brecon Canal; l) Incorporation of Sustainable Urban Drainage Schemes (SUDS); and m) Flood defence measures to mitigate the risk of flooding.

Borough Wide General Policy 1: Development Proposals - Development Proposals will be considered favourably providing they comply with the criteria for amenity and design, natural and built environment, design and transport and provision for utilities, when applicable.Policy H4: Affordable Housing – seeks to negotiate the on-site provision of affordable housing on sites of 3 or more dwellings or alternatively sites over 0.1ha to 10% in North Torfaen, 25% in Pontypool, 20% in Cwmbran West & North and 30 % in Cwmbran East & South in order to achieve the target of 1,132 affordable homes within the plan period.Policy H5: provision for Recreation, Open Space, Leisure Facilities & Allotments – Makes the provision for recreation, open space, leisure facilities and allotments in conjunction with new residential development of 3 dwellings or more.Policy RLT3: Retail proposals outside Established Centres – provides for new retail development on the edge of centre or located outside of town, district or local centres, providing they satisfy that the need for development is demonstrated, meets the sequential approach to site selection and are not of a scale, type or location that is likely to impact on the vitality, viability and attractiveness of centres identified in the Torfaen Retail Hierarchy.

Policy RLT4: Provision of Small Scale Retail Uses – ensures that new single retail stores, conversion/change of use of buildings to retail use of below 235sq m gross will be permitted providing there is a lack of facilities in the area, it will not harm the vitality and viability of any identified centre and is not located in a position which allows a wide cross section of the shopping public to use the facility.Policy T2: Safeguarding Former Transport Routes – provides the policy framework to safeguard existing transport networks that have not already been lost to permanent development. This includes existing railway lines, cycle routes and the Monmouthshire and Brecon canal.Policy T3: Walking and Cycling Routes – makes the provision for improvements to the cycle route network and to encourage inclusivity along the walking and cycling routes, where possible.Policy CF3: Community Facilities - Proposals resulting in improvements to the quality and accessibility of the County Borough’s community facilities including schools, libraries, health centres, post offices, public halls, public houses and local shops will be favourably considered, subject to other relevant policies of the plan.Policy HE1: Buildings and Structures of Local Importance - Development proposals affecting buildings and structures of local importance which make a valuable contribution to the character and interest of the local area will not be permitted where the distinctive appearance, architectural integrity or their settings would be significantly adversely affected, unless the benefits of the proposal would outweigh such adverse effects.

Planning Policy Wales (7th Edition)(July 2014)

Planning Policy Wales (PPW) (7th Edition)(July 2014) sets out the context for planning in Wales and has a series of chapters that deal with particular subjects. Each of the subject chapters contains sections on how the subject should be treated in Development Plans and for Development Control purposes. As this report relates to an application for outline planning permission this section will outline the most significant considerations for Development Control purposes.

Chapter 2: Development Plans: Paragraph 2.6.1 states that planning applications must be considered in the light of the strategy and policies in the adopted development plan. Paragraph 2.6.2 states that in development control decisions the weight to be attached to an emerging draft LDP will in general depend on the stage it has reached, but does not simply increase as the plan progresses towards adoption. Paragraph 2.6.3 states that questions of prematurity may arise where an LDP is in preparation but the plan has not yet been adopted. In these circumstances refusing planning permission on grounds of prematurity may be justifiable in respect of development proposals which are individually so substantial, or whose cumulative effect would be so significant, that to grant permission would predetermine decisions about the scale, location or phasing of new development which ought properly to be taken in the LDP context. Refusal will therefore not usually be justified except in cases where a development proposal goes to the heart of a plan. This requires careful judgement.

Chapter 3: Making and Enforcing Planning Decision: Paragraph 3.1.2 states that applications for planning permission, or for the renewal of planning permission, should be determined in accordance with the approved or adopted development plan for the area, unless material considerations indicate otherwise. Material considerations could include current circumstances, policies in an emerging development plan, and planning policies of the Assembly Government and the UK Government. All applications should be considered in relation to up to date policies. Paragraph 3.1.8 states that when determining planning applications local planning authorities must take into account any relevant view on planning matters expressed by neighbouring occupiers, local residents and any other third parties. It continues to state that while the substance of local views must be considered, the duty is to decide each case on its planning merits. As a general principle, local opposition or support for a proposal is not, on its own, a reasonable ground for refusing or granting planning permission; objections, or support, must be based on valid planning considerations. Section 3.3 sets out the requirement for schedule 1 applications (as identified in the EIA Regs) and schedule 2 applications which exceed the thresholds, must be accompanied with and Environmental Statement. Section 3.7 sets out the policies for entering into Planning Obligations.

Chapter 4: Planning for Sustainability: This chapter promotes sustainable development, the goal of which is, to “enable all people throughout the world to satisfy their basic needs and enjoy a better quality of life without compromising the quality of life of future generations.”

Chapter 5: Conserving and Improving Natural Heritage and the Coast:

Paragraph 5.1.2 The Assembly Government’s objectives for the conservation and improvement of the natural heritage are to:

promote the conservation of landscape and biodiversity, in particular the conservation of native wildlife and habitats;

ensure that action in Wales contributes to meeting international responsibilities and obligations for the natural environment;

ensure that statutorily designated sites are properly protected and managed;

safeguard protected species, and to promote the functions and benefits of soils, and in particular their function

as a carbon store.

Paragraph 5.1.3 states that a key role of the planning system is to ensure that society’s land requirements are met in ways which do not impose unnecessary constraints on development whilst ensuring that all reasonable steps are taken to safeguard or enhance the environment. However, conservation and development can often be fully integrated. With careful planning and design, not only can the potential for conflict be minimised, but new opportunities for sustainable development can also be created.

Paragraph 5.5.1 states that Biodiversity and landscape considerations must be taken into account in determining individual applications and contributing to the implementation of specific projects. The effect of a development proposal on the

wildlife or landscape of any area can be a material consideration. In such instances and in the interests of achieving sustainable development it is important to balance conservation objectives with the wider economic needs of local businesses and communities. Where development does occur it is important to ensure that all reasonable steps are taken to safeguard or enhance the environmental quality of land. Paragraph 5.5.2 states that when considering any development proposal (including on land allocated for development in a Development Plan) local planning authorities should consider environmental impact, so as to avoid, wherever possible, adverse effects on the environment. Where other material considerations outweigh the potential adverse environmental effects, authorities should seek to minimise those effects and should, where possible, retain and, where practicable, enhance features of conservation importance.

Paragraph 5.5.5 states that statutory designation does not necessarily prohibit development, but proposals for development must be carefully assessed for their effect on those natural heritage interests which the designation is intended to protect.

Paragraph 5.5.12 states developments are always subject to the legislation covering European protected species regardless of whether or not they are within a designated site. New developments for which development works would contravene the protection afforded to European protected species require derogations from the provisions of the Habitats Directive.

Chapter 6: Conserving the Historic Environment: This chapter sets out the policies for protecting this historic environment, including archaeological remains, listed buildings and conservation areas.

Paragraph 6.5.1 “where nationally important archaeological remains, whether scheduled or not, and their settings are likely to be affected by a proposed development, there should be a presumption in favour of their physical preservation in situ.

In cases involving lesser archaeological remains, local planning authorities will need to weigh the relative importance of archaeology against other factors, including the need for the proposed development”

Paragraph 6.5.9 states that where a development proposal affects a listed building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses.

Paragraph 6.5.17 “Should any proposed development conflict with the objective of preserving or enhancing the character or appearance of a conservation area, or its setting, there will be a strong presumption against the grant of planning permission. In exceptional cases the presumption may be overridden in favour of development deemed desirable on the grounds of some other public interest. The Courts have held that the

objective of preservation can be achieved either by development which makes a positive contribution to an area’s character or appearance, or by development which leaves character and appearance unharmed”.

Paragraph 6.5.25 Paragraph 6.5.25 of PPW explains that local planning authorities should protect parks and gardens and their settings included in the first part of the ‘Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales’.

Chapter 8: Transport: Paragraph 8.7.1 states that when determining a planning application for development that has transport implications, local planning authorities should take into account:

the impacts of the proposed development on travel demand;

the level and nature of public transport provision; accessibility by a range of different transport modes; the willingness of a developer to promote travel by public transport,

walking or cycling, or to provide infrastructure or measures to manage traffic, to overcome transport objections to the proposed development (payment for such measures will not, however, justify granting planning permission for a development for which it would not otherwise be granted);

the environmental impact of both transport infrastructure and the traffic generated (with a particular emphasis on minimising the causes of climate change associated with transport); and

the effects on the safety and convenience of other users of the transport network.

Paragraph 8.7.2 states that Transport Assessments (TA) are an important mechanism for setting out the scale of anticipated impacts a proposed development, or redevelopment, is likely to have. They assist in helping to anticipate the impacts of development so that they can be understood and catered for.

Chapter 9: Housing:

Paragraph 9.3.1 states that new housing developments should be well integrated with and connected to the existing pattern of settlements. The expansion of towns and villages should avoid creating ribbon development, coalescence of settlements or a fragmented development pattern. Where housing development is on a significant scale, or where a new settlement or urban village is proposed, it should be integrated with existing or new industrial, commercial and retail development and with community facilities. Paragraph 9.3.4 states that in determining applications for new housing, local planning authorities should ensure that the proposed development does not damage an area’s character and amenity. Increases in density help to conserve land resources, and good design can overcome adverse effects, but where high densities are proposed the amenity of the scheme and surrounding property should be carefully considered. High quality design and landscaping standards are particularly important to enable high density developments to fit into existing residential areas.

Chapter 11: Tourism, Sport and Recreation:

Paragraph 11.3.2 states that Local planning authorities may be justified in seeking Section 106 Planning Agreements to contribute to the maintenance of safe and attractive facilities and open space, and to meet the needs of new communities. Such agreements may also need to be used to help ensure that standards of provision set out in development plans are met.

Chapter 12: Infrastructure and Services:

Paragraph 12.4.1 states that the adequacy of water supply and the sewage infrastructure are material in considering planning applications and appeals. The need to balance the growing demand for water with the needs of the environment is crucial. Even where there is theoretical capacity, timely investment in infrastructure is required to ensure that new development does not adversely affect water supplies, water quality or sewerage. These issues require early identification when locating future development.

Chapter 13: Minimising and Managing Environmental Risks and Pollution:

Paragraph 13.4.1 states that Development proposals in areas defined as being of high flood hazard should only be considered where:

• new development can be justified in that location, even though it is likely to be at risk from flooding; and • the development proposal would not result in the intensification of existing development which may itself be at risk; and • new development would not increase the potential adverse impacts of a flood event (and see 12.4.1 and 12.4.2).

Paragraph 13.4.2 continues to state that in determining applications for development, local planning authorities should work closely with the Environment Agency, drainage bodies, sewerage undertakers, prospective developers and other relevant authorities to ensure that surface water run-off is to be controlled as near to the source as possible by the use of sustainable urban drainage systems. They should also ensure that development does not:

• increase the risk of flooding elsewhere by loss of flood storage or flood flow route; or • increase the problem of surface water run-off.

Paragraph 13.7.1 states that planning decisions need to take into account:

• the potential hazard that contamination presents to the development itself, its occupants and the local environment; and • the results of a specialist investigation and assessment by the developer to determine the contamination of the ground and to identify any remedial measures required to deal with any contamination.

Technical Advice Notes

Technical Advice Note 1: Joint Housing Land Availability Studies (June 2006): This TAN provides guidance on the preparation of Joint Housing Land Studies to enable the monitoring of the provision of market and affordable housing, provide an agreed statement of residential land availability for development planning and control purposes; and set out the need for action in situations where an insufficient supply is identified. This TAN places emphasis on the importance of maintaining a 5 year supply as it states that if JHLAS shows the land supply falling below the requirement, there may be need to give considerable weight to this matter when dealing with planning applications. It states that Local Planning Authorities must ensure that sufficient land is genuinely available to provide a 5 year supply of land for housing.

Technical Advice Note 2: Planning and Affordable Housing (June 2006): This TAN provides advice and guidance in relation to the provision of affordable housing. The guidance requires local planning authorities to:

• Include an affordable housing target in the development plan which is based on the housing need identified in the local housing market assessment.

• Indicate how the target will be achieved using identified policy approaches.

• Monitor the provision of affordable housing against the target (via the Local Development Plan Annual Monitoring Report) and where necessary take action to ensure that the target is met.

Technical Advice Note 5: Nature Conservation and Planning (September 2009): This Technical Advice Note provides advice about how the land use planning system should contribute to protecting and enhancing biodiversity and geological conservation. This TAN brings together advice on sources of legislation relevant to various nature conservation topics which may be encountered by local planning authorities.

Technical Advice Note 11: Noise (October 1997): This TAN provides advice and guidance on technical issues in relation to noise and development. It states that Local Planning Authorities must ensure that noise generating developments does not cause an unacceptable degree of disturbance. It also states that Local Planning Authorities should consider whether proposals for new noise sensitive development would be incompatible with existing activities, taking into account the likely level of noise exposure at the time of the application and any increase that may reasonably be expected in the future. This TAN also gives detailed guidance on how to assess such issues.

Technical Advice Note 12: Design (July 2014): The purpose of this TAN is to equip all those involved in the design of development with advice on:

• how ‘Promoting sustainability through good design’ may be facilitated through the planning system; and • the preparation and validation of mandatory design and access statements.

This TAN defines good design and stresses the importance of good design. Specifically in relation to Residential Development it states that achieving more sustainable residential environments is dependent on linking development to public transport and other uses and services, providing access to local services, and securing the most efficient use of land. For a successful residential area, the design of housing should establish a sense of place and community, with the movement network used to enhance these qualities, and to incorporate features of environmental sustainability. This TAN gives detail advice on good design and states that development proposals, in relation to housing design should aim to:

• create places with the needs of people in mind, which are distinctive and respect local character• promote layouts and design features which encourage community safety and accessibility• focus on the quality of the places and living environments for pedestrians rather than the movement and parking of vehicles• avoid inflexible planning standards and encourage layouts which manage vehicle speeds through the geometry of the road and building• promote environmental sustainability features, such as energy efficiency, in new housing and make clear specific commitments to carbon reductions and/or sustainable building standards• secure the most efficient use of land including appropriate densities• consider and balance potential conflicts between these criteria.

Technical Advice Note 15: Development and Flood Risk (July 2004): This TAN sets out the advice and guidance in relation to development and flood risk. It sets out the way in which the risk of a development flooding and its consequences is to be assessed.

Technical Advice Note 16: Sport, Recreation and Open Space (January 2009): This TAN advises on the role of the planning system in making provision for sport and recreational facilities and informal open spaces, as well as protecting existing facilities and open spaces in urban and rural areas in Wales.

Technical Advice Note 18: Transport (March 2007): This TAN provide advice and guidance on transport issues including the design and location of the development, parking requirements, walking and cycling, public transport, assessing impacts and managing implementation.

Planning (Listed Buildings and Conservation Areas) Act 1990

Section 72 General duty as respects conservation areas in exercise of planning functions.

(1)In the exercise, with respect to any buildings or other land in a conservation area, of any any of the provisions mentioned in subsection (2), special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area

Section 66(1) ‘In considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority or, as the case may be, the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses’.

Circular 61/96

Section 11. “Sections 16 and 66 of the Act require authorities considering applications for planning permission or listed building consent for works which affect a listed building to have special regard to certain matters, including the desirability of preserving the setting of the building. The setting is often an essential part of a building's character especially if a park, garden or grounds have been laid out to complement its design or function. Also, the economic viability as well as the character of historic buildings may suffer and they can be robbed of much of their interest and of the contribution they make to townscape or the countryside if they become isolated from their surroundings, e.g. by new traffic routes, car parks, or other development.”

Section 92. “The Secretary of State would expect authorities to address the following considerations in determining applications where the proposed works would result in the total or substantial demolition of the listed building, or any significant part of it: (iii) the merits of alternative proposals for the site. Whilst these are a material consideration, the Secretary of State takes the view that subjective claims for the architectural merits of proposed replacement buildings should not in themselves be held to justify the demolition of any listed building. Even where it is thought that the proposed works would bring substantial benefits for the community, it will often be feasible to incorporate listed buildings within the new development, and this option should be carefully considered: the challenge presented by retaining listed buildings can be a stimulus to imaginative new design”.

Section 93. “The listing of a building confers protection not only on the building but also on any object or structure fixed to the building and which is ancillary to it and, if built before 1 July 1948, within its curtilage”.

CONSULTEES & THEIR RESPONSES

Conservation: ‘This is a massive scheme which impacts upon a number of historic assets, especially The Magna Porta (the Listed Gatehouse to Llantarnam Abbey,) together with associated walls and Llantarnam Abbey Park, a Registered Park and

Garden, the Llantarnam Conservation Area, as well as a number of assets of a local nature’.

- Objects to the proposed roundabout access on Newport Road and the associated loss of a significant length of historic wall.

- Concerns raised that planning policies relating to the Historic Environment are not included within the Design & Access Statement and Development Framework.

- Strong concerns regarding the design approach within the Registered Park. He states that it ‘cannot be considered to be an appropriate design response to a development with such a diverse range of historic constraints such as this’. He is concerned that the development would be a ‘single amorphous development indistinguishable from any other Redrow development throughout South Wales’.

- It should be noted that all sections of the park can be seen from the boundary of the site, that this element of the park has been within the defined boundary of the park ( i.e. the boundary wall) since 1837 at least and probably since the 12th century, and that Cadw were aware of the A4042 when they declared the park to be listed, and that they have not revised the boundary since. Whilst the claim “This severance means that the proposed development would have a moderate impact upon the registered park, given that whilst technically located within the boundary, this part of the site can no longer be viewed as reasonably forming part of it” has an obvious attraction for the developer, unless the qualifications and experience of the writer can be shown to be greater then Cadw’s experts, this section should be omitted. It is noted that the photograph on Page 7 clearly shows this relationship.

- The Grade II Magna Porta Lodge is not included within the map of historical assets within the Development Framework.

- Disagrees with the applicants’ interpretation of Cadw’s 2012 comments contained within the updated Development Framework (September 2014).

- Considers that the methodology used in the cultural heritage assessment of the ES is inappropriate and consequently the conclusions should be given little weight.

- The section on Character is brief and generic. This should form the bulk of a document such as this and this section needs to be substantially expanded to include detailed design principles for the layout, massing, elevation treatments, and materials for the development.

- The design principles for Malthouse Lane North set out in the Revised Development Framework (September 2014) are brief and should be substantially expanded. The design principles should not allow for the use of standard house designs in this land parcel.

- Considers that a good standard of design, which responds to local distinctiveness should be provided within the Malthouse Lane North land parcel. He considers Redrow’s standard “Heritage” range of properties to be

inappropriate. ‘This range appears to be inspired by the Garden City style of development of the period 1920-1940 … Such a pastiche minimises the opportunities to reflect local distinctiveness and as such may be seen as generally contrary to both National and Local policies … A standardised approach cannot give sufficient flexibility to enable specific plots, which have a much greater impact upon the historic environment then some others, to respond to their situation with sufficient design flexibility. Such designs fail to adequately reflect any form of distinctiveness unique to Torfaen. There are concerns that the developer would not get the overall mix of the properties right, with the result that the development would assume an appearance untypical of the period’.

Cwmbran Community Council: ‘Cwmbran Community Councillors have shown a close interest in the proposals. Issues raised include concerns over traffic, heritage, biodiversity and the amount of affordable housing proposed. Members have also questioned the need to develop at this location given the availability of suitable sites elsewhere.’

Ponthir Community Council: no observations

Landscape Architect: confirmed verbally no objections

Education: there will be an impact on both primary and secondary Education in the catchment, but we await the submission of detailed proposals before making an informed analysis of likely pupil numbers etc.

Highways: ‘I can confirm that the ES Addendum has been agreed and is acceptable. I have agreed that the Traffic Assessment Technical Note provided in Appendix 2 is acceptable and it demonstrates that the T junction will serve Phase 1 of the proposed development. This consists of up to 156 residential units. A neighbourhood centre and up to 14,500 sq.m of B1 floor space with a dedicated business park.

It is essential that an environmental weight limit traffic order is in place to prevent heavy goods vehicles using the section of Newport Road from Abbey Fields Roundabout to Woodlands Roundabout. The order could not prevent Heavy Goods Vehicles accessing the site during the construction phase as there would be an exemption for access. The developer must pay for all costs associated with making and implementing the order.

Any works in existing highway should be the subject of a Section 278 Highway Agreement and as this an outline application the detailed design will develop as a consequence of Road Safety Audits, together with any necessary traffic orders.

I would not oppose the application from a highway standpoint and I would ask that the following conditions are attached to any grant of approval:-

1. All roads, footways and ancillary features within the site must be constructed to adoptable standards.

2. No surface water from the site shall drain onto the highway or into highway drainage.

3. Prior to any occupation of the Neighbourhood centre and B1 floor space the Traffic Order and signing must be in place on Newport Road.

4. Prior to use of the junction the 30mph limit Traffic Order and signing must be in place in advance of the junction on Newport Road.

5. The required visibility splays for the junction are 2.4m x 87.8 to the left and 2.4 x 39.6 ( tangential ) to the right’.

Welsh Government Highways: No objections ‘the highway mitigation proposed will accommodate the traffic impact of this development’.

Welsh Historic Garden Trust: ‘OBJECTION TO THE PROPOSED NEW ‘T’ JUNCTION

Impact on Llantarnam Abbey and Park

Llantarnam Abbey and its Park is a Grade II listed site in the Cadw/ICOMOS Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales. One of the principal reasons for its listing is the ‘near complete layout of park’. The Cadw entry for Llantarnam includes the fact that in the 1830s a high stone wall was built along the south boundary of the Park. The wall remains as part of the immediate surroundings of the listed Park and Abbey. A breach in the wall along Newport Road would destroy part of, and seriously detract from, the setting of a listed building.

The Welsh Historic Gardens Trust objects to the proposal for a new T Junction from Newport Road onto the Malthouse South site on the grounds that it requires a breach in the wall around Llantarnam Park. A breach in the wall that would seriously detract from the setting of a listed Park and building would compromise the integrity of the experience of entering the Grade II listed Park and Abbey. It is further proposed that the T Junction would at a later stage give on to a new roundabout. That would further compromise the experience of the entrance to the Park.

Earlier plans showed an entrance to Malthouse South from Malthouse Lane. We recommend that the original entrance be adhered to. If necessary a mini roundabout could be established at the junction of Newport Road and Malthouse Lane together with traffic calming measures as used nearby in Pentre Lane.

COMMENTS

Impact on the driveway to Llantarnam Abbey

Residential development would be less damaging to the site than ‘employment’ development, but we recommend that such development be undertaken with sensitivity to the immediate historical and landscape surroundings and bear in mind the proximity to a listed building and Park.

The WHGT welcomes the proposal for a planted buffer zone between the development and the driveway to the Abbey. However, the plans show houses placed near to the drive on the approach to the tunnel under the dual carriageway. We recommend that the building line be adjusted to ensure the buffer zone remains the same width throughout. We recommend that these properties, therefore, be removed from the proposal.

We recommend that a firm legally binding agreement be drawn up to ensure the long term management of the buffer zone between the drive and the site.

Mitigation of the visual impact of the development from the driveway

Some of the development on the site is likely to be visible (particularly in winter) through and above the screening since the site slopes upward. We note that many of Redrow’s current developments tend to be of closely packed properties constructed of red brick and with red roofing. In the context of the rural setting and in conformity with much of the existing property in the vicinity, we recommend that the developers build fewer houses, use stone and white walls and use slate or slate coloured roofing. These conditions would minimize the impact of properties visible through the screening. We also recommend that the developers be required to provide street trees, preferably of native varieties, to ensure that the development fits as far as possible into its surroundings to reduce the impact of the construction especially on the upper portion of the site. Consideration should also be given to the erection of single story properties at the top of the site.

Conclusion on mitigation

Even with screening the development would have a ‘moderate adverse impact’ according to the submitted documents. Further measures as outlined above could reduce this to ‘low adverse impact’ and should be adopted. Llantarnam Abbey and its remaining park is a valuable local and national resource already used by many people’.

Rights of Way: ‘Public Footpath No168 in CWMBRAN Community crosses one of the sites. This must be kept open and free from obstruction for the public at all times or alternatively a legal diversion must be obtained and implemented before any development takes place’.

Economic Development: no response received

Housing Strategy: ‘Housing will require 30% affordable housing provision on the site in the form of on site units. Of the 30% … two-thirds socially rented and on-third intermediate] in line with current affordable housing SPG. The developer can expect to receive 37% ACG for the socially rented units and 50% of OMV for the intermediate. We would request a mix of 1 and 2 bed flats, 2, 3 and 4 bed houses. On submission of the full planning application I would be happy to put forward our preferred mix’.

Drainage: ‘The Green field run –off rate has been set previously, however the receiving watercourses do run through TCBC owned and maintained culverts, one of which runs under the Monmouthshire and Brecon Canal and will need refurbishment works. I would require that S106 monies are included to carry out these works’

Forward Planning: ‘Application 12/00288 covers the majority of allocation SAA3 which is included in the Torfaen Local Plan which was adopted by Torfaen County Borough Council in December 2013.

The plan was subject to widespread consultation and (summarised in SD16 http://www.torfaen.gov.uk/en/Related-Documents/Forward-Planning/SD16-FinalConsultationReport.pdf) and the allocation is a strategic site within this plan considered necessary to come forward to deliver the plan strategy, vision and objectives.

The Llantaranm site (SAA3) and corresponding housing and employment matters were discussed as part of the LDP development and in particular in an individual session at the LDP Examination.

Particular relevant documents relating to the allocation and potential deve;lopment are:

SD06 - Council Report on Main Issues from Consultation on Deposit LDP and Alternative Sites - February 2012 (including Torfaen Deposit Local Development Plan RepresentationResponses to allocation SAA3 pages 174-187)http://www.torfaen.gov.uk/en/Related-Documents/Forward-Planning/SD06-CouncilReportonMainIssuesfromConsultationonDepositLDPandAlternativeSites.pdf

ED21 - Housing / Affordable Housing – Session 2 - Wednesday 17 April 2013http://www.torfaen.gov.uk/en/Related-Documents/Forward-Planning/LDP-Hearing-Sessions/ED21-TCBC-Examination-Statement-WK1-Session-2-Housing-Affordable-Housing.pdf

ED45 - Town Centre and Employment Matters – Session 6 - Wednesday 24 April 2013 http://www.torfaen.gov.uk/en/Related-Documents/Forward-Planning/LDP-Hearing-Sessions/ED45-TCBC-Examination-Statement---WK2---Session-6---Employment-and-Town-Centre-Matters.pdf

ED60 – TCBC LDP Examination Statement – Session 8 – Llantarnam Strategic Action Area (SAA3) - Thursday 25 April 2013http://www.torfaen.gov.uk/en/Related-Documents/Forward-Planning/LDP-Hearing-Sessions/ED60-TCBC-Examination-Statement-Llantarnam-Strategic-Action-Area.pdf

The Plan was found to be sound and was adopted by Council on 3rd December 2013. The allocation of SAA3 is therefore in accord with national planning policy.

Application 12/0288 is in line with allocation SAA3 in the Adopted Torfaen Local Development Plan.

The number of residential units and employment land coming forward is potentially less than allowed for in the policy but is not so significantly lower as to threaten the delivery of residential units or employment land envisaged in the plan. The application is in line with the emerging Development Framework the draft version of which supported the allocation through the LDP process.

Development of allocation SAA3 as detrailed in application 12/P/00288 is in accord with the plan. In addition other relevant planning policies from the LDP are: S2, S3, S4, S7, S8, BW1, H4, H5, BG1’.

Environmental Health: ‘Contaminated Land

Unexpected Contamination

If, during development, undetected or unexpected contamination is found, it must be risk assessed in line with the most current best practice and guidance.

Below are the current standard model planning conditions for dealing with potential land contamination as agreed with the Welsh Government. They include conditions designed to deal with unexpected contamination;

Unless otherwise agreed in writing by the Local Planning Authority, development other than that required to be carried out as part of an approved remediation scheme, shall not commence until the following measures have been undertaken and conditions 1 to 7 have been complied with.

1. Site Characterisation Unless otherwise agreed in writing by the Local Planning Authority an investigation and risk assessment, in addition to any assessment provided with the planning application, shall be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings shall be submitted to the Local Planning Authority for its approval.

The report of the findings shall include:

i. A desk top study to identify all previous uses at the site and potential contaminants associated with those uses and the impacts from those contaminants on land and controlled waters. The desk study shall establish a ‘conceptual site model’ (CSM) identifying all plausible pollutant linkages to be assessed.

ii. an intrusive investigation to assess the extent scale and nature of contamination which may be present;

iii. an assessment of the potential risks to: human health, groundwaters and surface waters

adjoining land, property (existing or proposed) including buildings, crops,

livestock, pets, woodland and service lines and pipes, ecological systems, archaeological sites and ancient monuments;

iv. an appraisal of remedial options, and proposal of the preferred remedial option(s).

Reason: To ensure that information provided for the assessment of the risks from land contamination to the health of future users of the land, neighbouring land, controlled waters, property and ecological systems is sufficient to enable a proper assessment.

2. Submission of Remediation Scheme and Verification PlanUpon the completion of an investigation and risk assessment in accordance with condition (PC 1) a detailed remediation scheme and verification plan to bring the site to a condition suitable for the intended use by removing any unacceptable risks to human health, buildings, other property and the natural and historical environment shall be prepared and submitted to the Local Planning Authority for its approval. The scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures.

Reason : To ensure that risks from land contamination to the health of future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

3. Implementation and Verification of Approved Remediation Scheme

The remediation scheme approved by condition (PC2) must be fully undertaken in accordance with its terms prior to the construction of the first building unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of the measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and this shall be approved in writing by the Local Planning Authority before the construction of any building on site

Reason: To ensure that risks from land contamination to the health of future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

4. Reporting of Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition (PC1), and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition (PC2), which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 3.

Reason (common to1-5): To ensure that risks from land contamination to the health of future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

NOISE AND VIBRATION

Construction Phase

Section J of the Environmental Statement deals with noise and vibration. It predicts no impact from the construction phase if normal controls are applied. Such controls can be inserted into the construction environmental management plan to be produced by the developer and can be conditioned as follows.

1. All works and ancillary operations which are audible at the site boundary or at such other place as may be agreed with the council shall be carried out only between the hours of 08.00 and 18.00 on Mondays to Fridays; 08.00 and 13.00 on Saturdays and at no other times, unless authorised by Torfaen County Borough Council following notification in writing seven days prior to the deviation.

2. The best practicable means as defined in section 72 of the Control of Pollution Act 1974 and the approved code of practice guidelines of BS5228:1984, to reduce noise to a minimum shall be employed at all times.

3. All plant and machinery in use shall be properly silenced and maintained in accordance with the manufacturers instructions.

4. All reversing alarms to be of the broad band type

5. Prior to the commencement of each phase/stage of the works, all residents likely to be affected by noise shall be contacted and advised of the type and duration of the works.

6. A person or persons shall be nominated to receive any complaints from residents for the duration of the work and this person shall be either be on site at all times or available by telephone and this telephone number made known to the residents and to Torfaen County Borough Council, Department for the Environment.

7. All site personnel shall be advised regarding the avoidance of unnecessary noise in carrying out manual operations as and when operating plant equipment, the proper use of tools and equipment and the positioning of machinery on site to reduce the effect of the noise emitted to the neighbourhood.

8. Any delays or changes to the stipulated timescales for the various phases/stages of the works shall be notified to Torfaen County Borough Council, Department for the Environment as soon as reasonably practicable and in any case within 7 working days.

9. Any emergency deviation from these conditions shall be notified to Torfaen County Borough Council, Department for the Environment without delay.

10. Exceptionally the contractor may be given permission to carry out works which fall outside of permissible hours in Clause 1 provided that 7 days notice of the date and timing of these works is given to Torfaen County Borough Council, Department for the Environment. The contractor must demonstrate that he intends to take all reasonable measures to mitigate the effects of any possible noise nuisance.

Operational Phase

The noise assessment undertaken to characterise the site in terms of TAN11 identifies certain plots alongside the A4042 as falling into NEC C and recommends the construction of a 2m high noise barrier to mitigate the effects of the traffic noise. This should be conditioned as such and I attach a standard specification for such a barrier below. Further characterisation of individual plots in terms of TAN 11 will be required when detailed layouts become available.

Minimum Specification for an Acoustic Fence

The fence should be of a closed boarded variety incorporating 150mm gravel boards and constructed of pressure-treated soft wood. (Any gaps between boards will render the acoustic barrier useless) It should be to a height of at least 2 metres with a minimum panel thickness of 7mm and a minimum mas of 20kg/m2 in order to afford adequate acoustic attenuation. Overlapping boards with arris rails are recommended.

Posts should be of 100 to 150mm square section or reinforced concrete, at 2-3 metre spacing and set in a concrete base to a depth of 600mm.

Capping to posts and pales is an optional protective feature.

AIR QUALITY

Air Quality is dealt with by Section K of the Environmental Statement.

The only potential air quality issues identified are from the construction phase of the development. These can be controlled by the measures identified in Part 6 of this Chapter which should be incorporated into the Construction Environmental Management Plan. Additionally, no burning of any materials at any time should occur on site’.

Street Scene: no objections

Aneurin Bevan Health Board: no response received

CADW:

Comments submitted 2012: ‘This proposal lies within the historic park and garden known as “PGW (Gt25) Llantarnam Abbey “, which is included in the Register of Historic Parks and Gardens in Wales. The relevant area is shown outlined in blue on the attached plan.

One section of the proposed development is situated within the Grade II registered historic park of Llantarnam Abbey. Within the park the area to be developed is the south-west quadrant of the park. This is a four-sided area of pasture fields, with a few scattered trees. It is bounded by the main drive to the Abbey and flanking belts of trees and shrubs on the north, the A4042 dual carriageway on the east, Malthouse Lane on the south and a stone boundary wall along the Llantarnam Road on the west.

Until the A4042 was constructed this area was an integral part of the park of Llantarnam Abbey. As the ground rises to the south boundary it was visually prominent (a large stone statue of a standing youth, nicknamed ‘Robin Hood’, originally stood somewhere on the high ground at the south end of the park). The north end of the area is visually sensitive in that it flanks the main approach to the Abbey and the entrance lodge at the west end of the drive. The construction of the A4042 has both visually and physically separated the proposed development area of the park from its core to the east of the road. The drive remains intact but has to pass under the road in a tunnel.

Outline planning permission for employment development of this area was granted in 2006 (05/P/11970(E)). Cadw’s advice on the application is contained in a letter dated 18th October 2006 (enclosed). The present application is for residential use (up to 217 dwellings on 5.43 ha).

It is the view of Cadw that so long as stringent mitigation measures are put in place, the proposed development would be less detrimental to the remainder of the registered historic park (outside the development area) than the employment development, for which there is existing planning permission. This is on account of its layout, character and scale. The layout is reasonably sensitive to the need to preserve the north end of the site as parkland and the setting to the adjacent main drive to the Abbey to the north. No access roads run along the north side of the site; it is laid out so as to respect the existing field boundaries to a certain extent; the main vehicular access is at the south end, well away from the main drive. The character and scale of the development is small residential units, no higher than two

storeys so as to minimise their visual impact beyond the boundaries of the development site. This height restriction would reduce their visibility from the entrance lodge and drive and parkland area to the north. They would not be visible from the Abbey nor from the core of the park to the east of the A4042.

Cadw suggests the following mitigation measures to ensure that visual and physical impacts on the registered historic park are minimised.

(a) Sensitive landscaping of the remaining parkland at the north end of the development site so that it (a) screens the housing as much as possible from the entrance lodge and drive and (b) blends in stylistically with the existing parkland, in terms of layout and planting. It is the view of Cadw that Cadw should be consulted, as well as the Glamorgan Gwent Archaeological Trust, on a landscaping scheme for this area.

(b) Retention and preservation of the park’s stone boundary walls. The development requires the removal of two sections and the removal and rebuilding of one section. These sections should be the minimum necessary and the section to be rebuilt should reuse stone from the existing wall and rebuild in the same style and to the same height as the original. A survey of the wall should be undertaken and the remainder of the wall in the development area should be sympathetically repaired where necessary.

Finally, if this development receives permission and proceeds Cadw will review the registered historic park boundary and redraw it to exclude the development area (housing and infrastructure, not landscaping), which will no longer retain its character as a historic park.

The Welsh Government’s policies towards the protection of the historic environment are set out at chapter 6 of Planning Policy Wales.

Para 6.5.25 advises that “local planning authorities should protect parks and gardens and their settings in the first part (parks and gardens) of the Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales”.

Comments submitted 2014: ‘Cadw’s role in the planning process is not to oppose or support planning applications but to provide the local planning authority with an assessment concerned with the likely impact that the proposal will have on scheduled ancient monuments or Registered Historic Parks and Gardens. It is a matter for the local planning authority to then weigh Cadw’s assessment against all the other material considerations in determining whether to approve planning permission.

The advice set out below relates only to those aspects of the proposal, which fall within Cadw’s remit as a consultee. Our comments do not address any potential impact on the setting of any listed building, which is properly a matter for your authority. These views are provided without prejudice to the Welsh Government’s consideration of the matter, should it come before it formally for determination.

Applications for planning permission are considered in light of the Welsh Government’s land use planning policy and guidance contained in Planning Policy Wales (PPW), technical advice notes and circular guidance. PPW explains that the desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application whether that monument is scheduled or not. Furthermore, it explains that where nationally archaeological remains, whether scheduled or not, and their settings are likely to be affected by proposed development, there should be a presumption in favour of their physical preservation in situ. Paragraph 17 of Circular 60/96, Planning and the Historic Environment: Archaeology, elaborates by explaining that this means a presumption against proposals which would involve significant alteration or cause damage, or which would have a significant impact on the setting of visible remains. Paragraph 6.5.25 of PPW explains that local planning authorities should protect parks and gardens and their settings included in the first part of the ‘Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales’. The Cadw publication Conservation Principles for the sustainable management of the historic environment in Wales (2011) are also considered.

This proposal lies within the historic park and garden known as “Llantarnam Abbey” (Cadw ref: PGW(Gt)25), which is included in the Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales. The aim of the Register is to provide information on historic parks and gardens to aid their protection and conservation and to assist owners, local planning authorities, developers, statutory bodies and all who are concerned, to make informed decisions about sites on the Register. The proposed development area is located within an area of historic parkland (depicted on the OS map of 1872) and forms an important part of the registered park and provides the parkland setting to the entrance, lodge and drive to Llantarnam Abbey.

Cadw provided comments on this application in July 2012 and has now been asked to comment on additional supporting documents to the application: Llantarnam Development Framework (2014) and Design and Access Statement land at Llantarnam (2014). On 10 November 2014 you also asked us to clarify our views on the comments made in July 2012 which stated that, should consent be granted, the boundary of the registered park could be reviewed and potentially removed from the Malthouse Lane section of the park.

It is Cadw’s view that if planning permission were granted, the proposed development would destroy the parkland character of the south west corner of the registered park to such an extent that it would be necessary to formally review the extent of the registered boundary. This should not, though, be interpreted as acceptance of the application and I would reiterate Cadw’s response to the original application for outline planning permission in 2006 (05/P/11970(E)) when we stated that the proposed development within the registered area would cause serious harm to the historic and visual character and value of the registered historic park of Llantarnam Abbey.

The Development Framework (2014) (para 6.22) states that Cadw did not object to the planning application submitted in 2012. As previously stated Cadw’s role is not to support or oppose planning applications. If the Malthouse Lane development goes ahead, the effect on the registered park’s historic entrance, lodge and drive would be

more or less to reduce them to a corridor. Such fragmentation of the parkland landscape will inevitably lead to loss of appreciation and understanding of this area of the historic park. In addition, the proposed removal and alteration to the parkland perimeter wall will lead to further loss of historic character. For these reasons Cadw disagree with the statements included in Chapter L of the Environmental Statement, Cultural Heritage and Archaeology, and the additional supporting documents to the application, which although acknowledge the registered status of Llantarnam Abbey states that ‘the area of proposed development is not considered to represent a key element of the park’. Cadw consider the parkland and associated parkland elements (lodge, entrance, drive, and wall) to the west to meet the criteria for inclusion in the Register despite the construction of the A4042.’

Ecology: ‘My comments are based on the information set out in the submitted Environmental Statement (2012) and the Addendum (2014) including the confidential badger report.

I concur with the ecological assessment for the site ( including the additional work around badgers) and generally support the measures offered to mitigate for impacts at both the construction and operational phases of development. I would however recommend that suitably worded conditions and advisory notes are framed around the following ecological issues.

Reference is made to preparation of an ‘ecological management plan’ to ensure the retained habitats are retained and enhanced. This is an important requirement and a commitment to preparing this plan should be a priority for a suitably worded condition. Any submitted ecological management plan should ensure all the stated mitigation measures set out on the Environmental Statement are included therein. For example references to low level lighting, bat boxes etc. must be included.

We must ensure our standard European Protected Species (EPS) advisory note is included. This reminds the applicant that should bats and or dormice be discovered during any phase of development then work is stop and advice sought immediately.

Clearance of vegetation, where possible, must undertaken outside of the bird breeding season (end Mar – start of August). If this is not possible then all affected vegetation must be checked for breeding birds by a fully qualified ecologist prior to removal.

It’s important that measures to protect the badgers that are present on site are implemented. These measures may not need to be considered as a separate condition if they are covered in the ecological management plan’.

Natural Resources Wales (NRW):

‘The Countryside Council for Wales has no objection to this proposal subject to the implementation of relevant planning conditions..Protected SitesWe note that the application site is within 1.9km of the River Usk SAC and River Usk (Lower Usk) SSSI with a potential hydrological linkage. Given the location and nature of the proposals, our concerns relate to the potential for adverse impacts on the

features of the River Usk SAC and River Usk (Lower Usk) SSSI from contaminated discharge into the river from construction and / or ongoing use of the proposed development.

We feel this issue can be addressed through appropriate measures employed during construction phase of the proposed development as part of the Construction Environmental Management Plan (CEMP). The CEMP should be agreed with the local planning authority in consultation with CCW and the Environment Agency. Therefore, we would ask that the preparation and implementation of the CEMP is made a condition of any planning consent to address this issue.

Protected SpeciesWe note from the ES that bat activity in terms of commuting and foraging has been confirmed along the majority of the hedgerows and woodlands within the site. We note that the woodland, hedgerows and trees across the site will be retained as part of the development. However, it is inevitable there will be some loss of habitat as a result of the development particularly with respect to foraging habitat for local bat populations. Planning Policy Wales outlines that the planning system has an important part to play in meeting biodiversity objectives by promoting approaches to development which create new opportunitiesto enhance biodiversity, prevent biodiversity losses, or compensate for losses where damage is unavoidable. It goes on to state that ‘Ways in which the adaptation needs of biodiversity could be considered include identifying the scope for minimising or reversing the fragmentation of habitats and improving habitat connectivity through the promotion of wildlife corridors.’At the coping stage for this proposal, we also raised the fact that other protected spcies have been recorded at this site including white-clawed crayfish (Dowlais Brook) and breeding birds. It is acknowledged that the proposed should directly affect the Dowlais Brook although indirect effects through drainage and dust generation are[possible. Impacts on breeding birds will be avoided through timing of works and clearance of vegetation outside of the breeding season. In order to ensure that the impact of the proposed development on local bat populations and other protected species is minimized, we would advise that the management and enhancement of both retained and any created habitats is covered by the preparation of an Ecological and Landscape Management Plan which looks to manage these habitats in the long term. Please also refer to our comments on habitat connectivity and enhancement below.Therefore, we would ask that the preparation and implementation of an Ecological Management Plan is made a condition of any planning consent to address this issue.

Landscape and Habitat ConnectivityWe note the landscape and visual assessment that has been undertaken by PegasusEnvironmental (June 2012). CCW broadly agree with the findings of this assessment.We also note the indicative master plan that accompanies the application and the existing and

proposed landscaping across the site. The connectivity of habitats is an important consideration and in particular connectivity across this site in an east to west alignment.

In our response to the development brief for this site (letter dated the 6 January 2012), CCWraised concerns that the development of this area will result in the coalescence of Newport and Cwmbran, which is a form of development that Planning Policy Wales (PPW) states should be resisted. To minimise the impacts of coalescence and be more consistent with national policy, greater emphasis is required in the key principles of the brief on the requirement to design connectivity and green space into the scheme as an integral part of the development.

In view of the above and the need to mitigate for and enhance Bodiversity across the site, CCW feels that further consideration needs to be given to connectivity across the whole site from east to west. Opportunities to maximize connectivity taking into account tree planting, grassland creation and provision of informal green space areas. We feel that this would be best addressed through the preparation and implementation of an Ecological and Landscape Management Plan. CCW would be happy to provide further advice as necessary. Therefore, we would ask that the preparation and implementation of an Ecological and Landscape Management Plan is made a condition of any planning consent to address this issue.

BiodiversityPlease note that we have not considered possible effects on all species and habitats listed in section 42 of the Natural Environment and Rural Communities (NERC) Act 2006, or on the Local Biodiversity Action Plan or other local natural heritage interests. To comply with your authority's duty under section 40 of the NERC Act, to have regard to conserving biodiversity, your decision should take account of possible adverse effects on such interests. We recommend that you seek further advice from your authority's internal ecological adviser and/or nature conservation organisations such as the local Wildlife Trust, RSPB, etc. The Wales Biodiversity Partnership's web site has guidance for assessing proposals that have implications for section 42 habitats and species (www.biodiversitywales.org.uk).

To summarise, CCW does not object to the proposed development but would wish to see the above issues addressed by relevant planning conditions and advise that further consideration is given to habitat connectivity across the site from east to west’.

‘We have no objection to the proposal in principle and take this opportunity to provide you with the following advice and guidance.

Flood RiskThe application site lies entirely within Zone A as defined by the Development Advice Map (DAM) referred to under Technical Advice Note 15: Development and Flood Risk (TAN15). Our Flood Map information, which is updated on a quarterly basis, confirms the site to lie outside the extreme 0.1% (1 in 1000 year) annual probability fluvial flood outlines of the Dowlais Brook.

A flood consequences assessment (FCA) has been submitted in support of the application and prepared by Mott MacDonald (February 2012), it states:

• The site is located in TAN15 Zone A;• Surface water run-off may be disposed of by a combination of infiltration to

ground and discharge to watercourses at a rate of 12 l/s/ha;• To achieve this rate, SUDS attenuation and infiltration storage of between

5,468m3 and 15,486m3 will be required in order to manage the surface water run-off from a 1 in 100 year event, including a 30% rainfall allowance for climate change;

• Flows in the ordinary watercourses within and adjacent to the sites should be assessed and mapped to ensure that built development is not located within the floodplains for the 1 in 100 year flood events;

• A development-free buffer zone should be provided from the top of the bank of the watercourse to maintain ecological connectivity;

• Written consent from the EAW will be required prior to the culverting of any length of main river watercourse.

In consideration to this, we advise the following:

The discharge rate has been agreed with our hydrology team (FCA Appendix C) and is deemed acceptable. A surface water drainage strategy should be developed and agreed by the Local Authority. Where practicable, SUDS should be utilised for the interception of surface water runoff and the scheme should be designed for the lifetime of the site.

Under the terms of the Land Drainage Act, from the 1st April 2012 the consenting duty for works on ordinary watercourses was transferred to Torfaen County Borough Council as the Lead Local Flood Authority in this area. Please contact Mark Strickland (mark.strickland@torfaen.gov.uk / 01495 766756) regarding any proposals affecting ordinary watercourses.

EcologyThe proposed site is considered an important green wedge within an urban and industrial area which provides a link between the Monmouthshire and Brecon canal and the Dowlais Brook. We note in the Ecology section of the submitted Environmental Statement and the master plan that green corridors will be preserved. We welcome this approach. In addition, small watercourses on the site should have appropriate buffer zones to protect them from the proposed built development. Watercourses, including any bank side trees or vegetation within 5 metres of the top of bank, should be protected from any development in order to promote conservation and to preserve the watercourse and visual amenity. We encourage the retention of mature trees and hedgerow for their conservation and aesthetic value. Tree / hedgerow removal should not be undertaken during the months of March to June (inclusive) in order to protect breeding birds. Breeding birds are protected by the Wildlife and Countryside Act 1981. The County Ecologist can provide further guidance on this matter. It is important that any soil or hardcore that is imported onto the site is free of the

seeds / roots / stem of the invasive plant Japanese Knotweed, the spread of which is prohibited under the Wildlife and Countryside Act 1981.

Land ContaminationWe consider that the water environment (surface and ground waters) at this site is of low environmental sensitivity and therefore have no site-specific advice or comments with regards to land contamination issues for this site.

These comments are based on our assumption that gross contamination is not present at this location. However, if during development, gross contamination is found to be present at the site you may wish to re-consult us’.

Glamorgan Gwent Archaeological Trust (GGAT): ‘We note that there have been comments suggesting that Chapter L of the Environmental Statement, Cultural Heritage, does not provide an impartial, objective assessment of the heritage resource and that certain postulated theories for the area surrounding Llantarnam Abbey have not be considered. We do concur that some of these issues have not been covered in the Environmental Statement and therefore will try to address these in this letter.

There is very little evidence of prehistoric and Roman activity in the immediate area surrounding the application area. This is mainly due to the lack of opportunity for archaeologists to collect evidence as the majority of the area has principally been pasture limiting the opportunity for the recovery of artefacts. However, a small quantity of flint artefacts were recovered during works in advance of the Llantarnam Bypass (A4042). In general in Southeast Wales flint artefacts are rare discoveries as there are few areas of natural flint from which quality artefacts could be manufactured therefore the presence of these flint tools is of some significance. Unfortunately, insufficient research has currently been completed for prehistoric settlement patterns in the Llantarnam area to be determined, with only the high status fortified sites such as those at Lodge Hill to the south and Twmbarlwm to the west being identified. It is therefore only currently possible to predict the location of lesser sites by the recovery of artefacts and analysis of the topography of the landscape. The presence of the Dowlais Brook, a major water supply, which could also be used for transportation, would make the area in general attractive for settlement in all periods; however, the majority of the application area is located on a north facing slope which is the least favourable aspect for settlement and it is noted that the flint artefacts were found on the opposite side of the Dowlais Brook on a south facing slope, a much more favourable location for settlement. The most likely location for prehistoric settlement in the development area would therefore be to the southwest of Cottage Farm where a number of small streams and springs are present; however, the adopted Torfaen Historic Environment Record contains no information of any prehistoric artefacts being found in, or in the vicinity of this area. We must therefore agree with the Environmental Statement that current evidence would suggest that there is in general a low potential for prehistoric settlement to be located in the area.

Likewise there are few indications of Roman activity in the area. Clearly the main focus of the Roman occupation of the area was the Fortress at Caerleon but the localised landscape of the Llantarnam area is not known. The most important identified Roman archaeological feature in the area is the probable line of an aqueduct from the Dowlais Brook to Caerleon, however, this feature leaves the brook to the east of the application area. Roman tiles have been identified in the structure of St.Michael’s Church and the tithe barn at Llantarnam Abbey but the source of these is not known although it is most likely to have been Caerleon. The adopted Torfaen Historic Environment Record contains no information of any Roman artefacts being found in, or in the vicinity of, this area and topographic analysis provides similar conclusions to that for the prehistoric periods. Therefore whilst not being able to conclude that there are no Roman settlement sites in the application area it currently appears that there is a low potential for them.

The Cistercian Abbey of Llantarnam is the most important medieval site in the area. The abbey held vast lands in the area and was centred on the site of the present mansion, where the abbey church was sited. It is possible that the Dowlais Brook was canalised/improved to ensure a water supply to the abbey and comparisons with the Abbey of Strata Florida (the parent abbey for Llantarnam) have suggested that boundary of the outer precinct of the abbey could have been the Brook: However, excavations in this area have failed to find the quantities of medieval features and artefacts that would be expected if this area was part of the outer precinct of a major abbey. It has been suggested that two watercourses that cross the eastern part of the application area are of medieval date and are associated with the Abbey Water supply. These features are appear to be for drainage, collecting water from springs close to the top of the ridge south of the site and channelling them into the Dowlais Brook. There has been no suggestions of any aqueducts crossing the brook so they cannot have been used as a fresh water supply for the abbey. If these features prove to be of medieval date, the water they provided would just have added to the general supply used by the abbey from the Dowlais Brook. It has also been suggested that a dam was been constructed across one of these watercourses. No purpose for the collection of water by this dam has been proposed. It’s location to the north of the Magna Porta, makes it more likely, given the current published evidence, to be a flood defence ensuring that localised flood waters flow into the culvert that passes beneath the present drive rather than a dam capturing water to power a mill or other machinery.

After the dissolution of Llantarnam Abbey the site of the main monastic buildings was reused for the construction of a mansion. It appears a hunting park was established to the south of the Dowlais Brook and this probably incorporated the eastern part of the application area. Excavations in the late 1970s in the area of the storage lagoons to the west of the mansion located a number of buildings that were interpreted by the excavator as being a medieval village: However, the vast majority of artefacts associated with these buildings were of post-medieval date suggesting that the settlement had commenced after the dissolution of the abbey. The village appears to have shrunk in size or to have been completely removed during the 18th century with the inhabitants apparently moving to the area surrounding St.Michael’s Church.

In 1836 a new house was built on the site of the previous mansion (the present Llantarnam Abbey, a grade II* listed building) and a new park (entered onto the

Register of Historic Parks and Gardens in Wales as Grade 11) created to the west. In order to create this park, the road, which had previously passed close to the house, was moved to it’s current route from St.Michael's Church to Croes Y Mwylach and the area enclosed by a stone wall. The route of the old road was utilised as a drive to the new house and a gateway (the Magna Porta, which is a Grade 11 listed building) was constructed at the entrance. An 18th century statue of Robin Hood was sited in the eastern part of the application area inside the park, presumably being visible to visitors proceeding along the drive from the Magna Porta to the house.

In the Second World War the eastern part of the development area was used by the American army, as a marshalling base for the D Day landings. Whilst only being in use for a short period it’s links to a major historic event makes it of regional importance. Whilst the upstanding remains of this base have been destroyed it is clear significant features associated with it survive underground.

The information contained in the Cultural Heritage Chapter of the Environmental Statement, along with the additional material provided by David Standing and Dr Amelia Pannett provides no evidence that any archaeological features predating the post-medieval period and of sufficient importance to prevent development are located in the application area. However it is clear that there will be a direct impact on the registered historic park and the American army base, as well as on the settings of the listed buildings of Llantarnam Abbey and the Magna Porta.

The direct impact of the development on the remains of the American base will be severe, with most of the surviving remains being destroyed by the housing development proposed for this part of the site. However, this impact is not sufficient for the current application to be refused given the current state of survival of the historic remains. The implementation of appropriate mitigation measures for the site including full archaeological investigation and recording would ensure that the site was “preserved by record” and allow information on it to be presented to the people of Torfaen.

The weakness of the cultural heritage chapter of the environmental statement is the failure to fully consider the impact of the development on the registered park and the settings of the two listed buildings. The impact of the development on the setting of the Magna Porta is not considered at all in the report even though it is less than 10m outside the boundary of the development and it can be argued that the walls of the park, to which it is connected, are part of its curtilage. The potential for the development having an impact on the setting of the Abbey is also dismissed in the cultural heritage chapter due to the severing of the area from the abbey by the construction of the A4042 and the lack of visual link. However, Cadw were aware of the proposals to build the A4042 when the park was registered and they took the stance that all elements within the outer wall were of equal value and importance to the park and should therefore be included. Moreover, this section of the environmental statement has been compiled following the methodology outlined in the Design Manual for Roads and Bridges (Volume 11, Section 3, Part 2, HA 208/07: Cultural Heritage) which states in (section 4.22):

…the setting of a listed mansion may include its extensive parkland, some of which may be out of sight of the building itself, but integral to its original purpose, and to its appreciation today”.

The authors have also failed to consider the advice on the impact of development on the setting of historic assets given by English Heritage in their document “The Setting of Historic Assets” or by Cadw in their document “Conservation Principles for the Sustainable Management of the Historic Environment in Wales”.

It is clear that the construction of a large modern style residential development in an historic park will result in a significant impact. The Design and Access Statement accompanying the application provides no information that the location of the residential development in a historic park was taken into account when designing the proposed development in that part of the site. The failure to recognise that the application area included a historic park has been a long-standing issue in the identification of constraints to development as clearly noted in our letter of the 9th

January 2012 in response to the draft framework document.

The authors of the cultural heritage chapter of the environmental statement have judged that the impact of the development on the historic park is “moderate adverse”, which is correct following the methodology outlined in the Design Manual for Roads and Bridges: However, this shows the weakness of this methodology which was designed to assess the impact of linear developments and not area ones. In our opinion this impact is major especially when no attempt has been made to mitigate the impact by the design of the development.

We note that there is an extant planning consent for an office development in the area of the historic park. This has been used by the authors of the cultural heritage chapter of the environmental statement to conclude that the impact of the current development will be acceptable as in their view this will be less than that of the office development. We disagree with this assessment. The office development has been designed with a number of blocks separated by areas of landscaped open space and car parks in a similar manner to the existing Llantarnam Park Industrial Estate, which maintains a park atmosphere. Whilst the current proposal will slightly reduce the height of buildings in the historic park area, the density and layout of the development will remove any trace of the former use of the area and in our opinion this is unacceptable.

No archaeological features of sufficient importance to prevent development in the application area have been identified. Nevertheless, the failure of the design of the development to acknowledge that there will be a high impact on a Registered Historic Park makes the current application contrary to the Planning Policy Wales 2011 Paragraph 6.5.25 “Local planning authorities should protect parks and gardens and their settings included in the first part of the ‘Register of Landscapes, Parks and Gardens of Special Historic interest in Wales”. The failure to consider the impact of the development on the setting of the listed buildings also means that the development is contrary to Planning Policy Wales 2011 Paragraph 6.5.9 “Where a development proposal affects a listed building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or

historic interest which it possesses”. In conclusion, therefore it is our opinion that the current planning application should be refused.’

Gwent Wildlife Trust (GWT): ‘Ty Coch Tip SINC lies approximately 0.3km to the Northeast of the Assessment Site. TAN 5 states that ‘The conservation and enhancement of locally designated sites is an important contribution to the implementation of Biodiversity Action Plans and to the management of features of the landscape of major importance for wild flora and fauna. Developers should avoid harm to those interests where possible. Where harm is unavoidable it should be minimised by mitigation measures and offset as far as possible by compensation measures designed to ensure there is no reduction in the overall nature conservation value of the area or feature.’ Gwent Wildlife Trust welcomes plans to mitigate disturbance to the Ty Coch Tip SINC by developing employment aspects of the site closest to this protected area.

As part of the development plan there is set to be a substantial loss of hedgerows throughout the site along with small areas of woodland and trees.

Planning Policy Wales (PPW, 2011) states that, ‘trees, woodlands and hedgerows are of great importance, both as wildlife habitats and in terms of their contribution to landscape character and beauty. They also play a role in tackling climate change by trapping carbon and can provide a sustainable energy source. Local planning authorities should seek to protect trees, groups of trees and areas of woodland where they have natural heritage value or contribute to the character or amenity of a particular locality. Ancient and semi-natural woodlands are irreplaceable habitats of high biodiversity value which should be protected from development that would result in significant damage.’

Planning policy E8 states that ‘Proposals for development in areas not formally designated as being of nature conservation importance will only be permitted where they satisfy all of the following criteria:

A) Trees considered as being of high amenity value, on the site, are retained as far as is reasonably practicable and are protected during any construction periods.

B) The existing hedgerows on the site are retained as far as is reasonably practicable and are protected during any construction periods.

C) Landscaping schemes, submitted as part of the Proposals, include appropriate native species, except where special requirement of purpose and location dictate otherwise.

Where trees, hedgerows, wetland habitats and other important natural features or habitats are inevitably required to be lost as a result of development, proposals will only be permitted where compensatory provisions will be made as a part of the proposal to a minimum standard of that which has been lost.’

PPW (2011) states that ‘Development plans should encourage the appropriate management of features of the landscape which are of major importance for wild flora and fauna in order to complement and improve the ecological coherence of the Natura 2000 network. The features concerned are those which, because of their linear and continuous structure or their function as ‘stepping stones’ or ‘wildlife corridors’, are essential for migration, dispersal or genetic exchange. The development of networks of statutory and non-statutory sites and of the landscape features which provide links from

one habitat to another can make an important contribution to the conservation and enhancement of biodiversity and the quality of the local environment, including enabling adaptation to climate change.’

Conditions must be enforced so that the development is maintaining and improving connectivity across the site and to the wider environment by retaining woodland and hedgerows and planting additional linear features in order to compensate for any loss. Any newly planted hedgerows should consist of 5 native woody species in every 30m section – ash, hazel, hawthorn, blackthorn, elm, oak, beech are a few example species. Before full planning permission is granted a full species list will be required in the landscaping plans.

TAN 5 states that ‘the town and country planning system in Wales should: look for development to provide a net benefit for biodiversity conservation with no significant loss of habitats or populations of species, locally or nationally’ and that ‘Biodiversity conservation and enhancement is an integral part of planning for sustainable development. The planning system has an important part to play in nature conservation’. As such new housing development, such as this, presents an opportunity to incorporate nature conservation into design, working towards a net benefit.

From the outline plan we welcome the addition of bat boxes and bird boxes on site. We are however concerned that there is not enough stress on the addition of natural green space. CCW have produced a report building on work from England, ‘Developing Standards for Accessible Natural Greenspace in Towns and Cities 2002’, which states that no person should live more than 300m from their nearest area of natural greenspace.

Natural green space will benefit human health as well as help compensate for the loss of biodiversity during development. An area of; native wildflower meadow, sitting area, community pond, orchard or a community allotment are a few suggestions. As already stated in the proposal the addition of fruit trees in the landscaping plan in order to help mitigate the loss of badger forage and habitat for other wildlife is an excellent opportunity to enhance an area for nature conservation. To build on this, a community orchard (i.e. a group of at least 5 fruit trees) would extremely beneficial; not only are orchards UK Biodiversity Action Plan and Section 42 Priority Habitats but it would be an additional feature and potentially could create a community working group.

All British birds, their nests and eggs (with certain limited exceptions) are protected by law under Section 1 of the Wildlife and Countryside Act 1981 (as amended) and the Countryside and Rights of Way Act 2000. Condition should be put on the development so that any tree or shrub that is to be removed from site should be done so outside of the bird breeding season, March to August inclusive. Although if this is not possible we would condition that works are carried out later in the season, and that an ecologist undertakes checks for nesting birds on site prior to work commencing.

The development site has the potential as being used as a flight line and foraging site for bats. Trees which have the potential to host bat roosts and that can not be retained on site should, as stated be felled in a bat friendly manner following Bat Conservation Trust Guidelines. Bats are protected under the Wildlife and Countryside Act (1981) (as amended); the Countryside and Rights of Way Act, 2000; the Natural Environment and

Rural Communities Act (NERC, 2006); and by the Conservation of Habitats and Species Regulations (2010). The Countryside Council for Wales should be consulted regarding protected species issues. Connectivity within the site in vitally important, as previously stated, and in order to mitigate for the loss of flight lines linear features connecting the landscape have to be available (hedgerows, tree lines, woodlands). To compensate for the loss of foraging habitats creation of natural open space, as previously stated, is essential.

Gwent Wildlife Trust would expect a condition to ensure the eradication of Japanese knotweed from the site as stated in the ecological report.Finally, we support the need for an ecological management plan. Management plans are extremely important in order to help minimise the negative ecological impact created from development. TAN 5 (2009) states that ‘a Nature Conservation Management Plan: describes how the site will be managed to conserve and enhance nature conservation on and off-site including who will manage different parts or elements, how management will be funded, reviewed and adapted over time.’ We would recommend a minimum 5 year management plan is agreed before planning permission is granted.

The NERC Act 2006 states that ‘Every public body must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity’. This places a statutory obligation on Torfaen County Borough Council to preserve biodiversity where possible’.

Welsh Water (WW): No objections. Requests that a number of drainage related conditions are attached to any consent granted.

Newport City Council: ‘Objections are made on highways grounds due to the inadequacies of the Transport Assessment and the adverse impact of the proposals on the safety of pedestrians and cyclists crossing the Woodlands Roundabout. The proposals would be detrimental to the highway network within the Malpas Ward of Newport City Council.

Request that there is strict control over any permitted retail use in order to avoid potential expansion of retail provision’.

Police Liaison Transport: No response received.

Wales and West Utilities: A high pressure gas mains passes the site.

The Georgian Group: ‘Of particular interest to the Group are Llantarnam Abbey and its associated features, including Porth Mawr Lodge. Part of the proposed development site covers the area to the north of Malthouse Lane which is included within Llantarnam Abbey’s designated Historic Park and Garden. We are aware that this area is part of a larger site designated in the adopted Local Plan for the County Borough of Torfaen as land for employment provision under Policy ED1/3. We also note that the Deposit Tofaen Local Development Plan, Policy SAA3 includes the land to the north of Malthouse Lane as part of the Strategic Action Area for residential and employment used together with a neighbourhood centre and recreation provision. Given this situation where the principle of development is established, together with the way this part of the site is severed from Llantarnam Abbey by the A4042, we do not wish to raise an objection to the principle of development on the land to the north of Malthouse Lane.

The proposal does not seem likely to have any significant impact on Llantarnam Abbey itself, but it will affect Porth Mawr Lodge and the driveway following the northern edge of the site to the Abbey. The submitted landscape plans show that a landscaped buffer zone is provided from Porth Mawr Lodge and along driveway heading to Llantarnam Abbey. Porth Mawr Lodge is separately listed and is important in its own right and for its association with Llantarnam Abbey. Although the park is split, the driveway still defines the approach to the house. We ask you to ensure that the buffer zone is adequate to maintain the setting of the lodge and driveway and that it does not become diluted as the scheme progresses. The landscaping will need to be sympathetic with plantings of appropriate tree/shrub species. Two stretches of the park wall would need to be removed in order to achieve access points into the development. Although the applicant suggests that this would be of minor significance, we suggest that the wall is a significant feature within Llantarnam defining the edge of the parkland. The new access points should therefore be sympathetically designed.

The proposal will have an impact on the grade II registered park and garden and therefore the Garden History Society and the Welsh Historic Gardens Trust may have a view. We therefore defer to them if they any raise issues related to their specialism.’

PUBLICITY

Press Notices were placed in the local press both in July 2012, October and December 2014. Site Notices were posted in locations adjacent to the site in July 2012, October and December 2014. In addition to the above publicity, neighbour consultation letters were sent out to local residents. The application has also been posted on the Authority’s website.

REPRESENTATIONS RECEIVED

Letters and e-mails have been received from approximately 38 local residents regarding this application. The following is a summary of the comments and objections raised:

Premature application prior to the adoption of the LDP. It would be better to build new housing on brownfield sites. The site is a green wedge which should be protected. The scheme would not provide a balanced community, as required by the LDP

policy SA3. New housing should be located in more sustainable locations closer to existing

facilities. Greenfield site should not be used to build more employment units when there is

already a surplus of vacant units in the area. The TA is inadequate. It uses incorrect or outdated data and does not consider

the access into Lansdowne Gardens & The Manor. Details of existing bus services provided within the application are inaccurate. Increased level of traffic on an already congested road. Existing bus services

are inadequate and should be improved.

The junction of Newport Rd onto the Malpas roundabout is already congested at peak times.

Impact upon Malthouse Lane of increased usage. The proposed re-routing of Malthouse Lane is unacceptable. The route is used

by commercial vehicles which would have to travel along the realigned route through the residential area.

The proposed roundabout on Newport Road would create a hazard as it would be too close to the roundabout at the junction with Llantarnam Park

The development would worsen an existing surface water flooding problem on Cwmbran Drive

The increase in traffic would make it difficult to exit Pentre Lane. The proposal needs to do more to encourage cycling and walking.

The narrow bridge by the Crown roundabout should be demolished and replaced by a new structure which could also accommodate pedestrians and cyclists. (not necessary as a consequence of this development)

Burton’s Biscuits should be relocated to Llantarnam Industrial Estate. A 30 mph speed restriction should be imposed between Crown Roundabout &

Woodlands Roundabout and the full length of the road should be resurfaced. Footpaths should be installed on both sides of this road too

HGVs should be excluded from the Cory Park roundabout to Woodlands roundabout. Safe pedestrian crossings are needed on Woodland Roundabout.

The proposed roundabout access should be constructed as part of phase one and not simply a T junction. Road works would cause disruption so it is better to get the works over with in one go. The Malthouse Lane junction would not be closed until the roundabout were constructed.

The public transport information included within the application is inaccurate. The local bus services have been reduced and there is no direct service to Newport. The access to the employment site would be detrimental to existing residents and users of Ty Coch Lane.

The proposed widening of Newport Rd & works to Croes y Mwlach Road would not improve traffic flow as the scheme would create a possible 3,000 additional vehicle movements a day The development would increase the number of vehicles on the M4 which is already congested. The Cultural Heritage & Archaeology chapter of the ES is inadequate.

Highlights weaknesses in the ES, particularly in the terms of the Prehistoric, Roman eras and World War II.

The application proposed a ‘bog standard’ housing design within the historic parkland.

Object to building within the Historic Parkland – it should be conserved. Loss of parts of the stone boundary wall. The Abbey requests that a buffer is retained between the proposed development

and the Abbey driveway. Potential impact upon wildlife. Japanese knotweed is present on the site The retail element of the scheme is out of character with Llantarnam. There is no need for shops in the area as there are already numerous retail

outlets within a 3 mile radius of the site. The neighbourhood centre would attract antisocial behaviour. The proposed village green is too small for purpose and on a busy junction.

The proposed recreation area does not include parking. The police force is being reduced in size so questions whether the police force is

adequate to police the proposed development. The scheme would generate additional secondary pupils but Llantarnam School

is proposed for closure. The scheme would impact upon the current semi-rural character of the area. Loss of agricultural land – this should be preserved. The scheme would have very little local benefit. Cwmbran will become a dormitory town for Cardiff & Bristol. The proposed development would urbanise Llantarnam. Cwmbran and Newport would merge. Question the need for the employment land. Note that there are already

vacancies on other industrial estates in the area. Potential flooding issues within the grounds of Llantarnam Abbey,(surface water

system will not exacerbate any existing flood risk problems) Raises concerns regarding the suitability of Redrow as a developer following

experiences of their previous scheme in the area eg leaving a large heap of earth

Loss of space between Newport and Cwmbran. Lack of community consultation regarding the proposal. The community hasn’t been listened to. The local secondary school is due to close. There will be no local school

available and pupils will have to travel further. The neighbourhood centre should not be constructed to the west of Newport Rd

as the majority of the housing would be to the east of Newport Road. Loss of agricultural land that is currently used for growing crops. The increase in population will put pressure on existing services, such as

education, doctors, schools, care of the elderly and policing. The neighbourhood centre would be a gathering point for youths who will create

antisocial problems. This happens in other retail areas in Torfaen. The LDP allocation is based on outdated information. The scheme would not generate any significant permanent jobs. A foul drain at Abbey Fields/Llantarnam Park currently floods and is at

maximum. Queries what would happen when the development adds to this system.

Cwmbran/Torfaen is becoming a commuter/dormitory zone, particularly as the manufacturing industry in the town has declined.

The existing drainage system in the area is already overloaded. A local farming family is concerned that they will have to drive heavy harvesting

machinery through the realigned Malthouse Lane, sometimes late at night. They also run a feed company which has deliveries from large vehicles, including 44 tonne lorries. They consider this to be a safety hazard to future residents.

Loss of Ty Coch Lane for leisure purposes. Queries the proposed location for a play area on the Cottage site as it would not

be overlooked.

ASSESSMENT

This outline application is for a major residential led development within the County Borough. The site has been allocated as a Strategic Action Area (SAA3) for 450 dwellings in the Adopted Local Development Plan.

The main considerations of the application are;

Whether the principle of development is acceptable. Whether the proposal is acceptable in transportation terms. Whether the proposal is acceptable in terms of any impact on heritage assets Whether the proposal is acceptable in terms of any Ecological impact. Whether the Landscape and Visual impact is acceptable Whether the proposal is acceptable in terms of any Socio Economic Effects Whether the scheme is acceptable in terms of environmental impacts Whether the proposal meets the requirements of the Authority’s Developer

Contributions SPG. Other considerations

The application would be subject to a section 106 agreement. Discussion on the section 106 agreement and its obligations are set out later in this report.

The Principle of the Proposed Development

In December 2013 the Torfaen Local Development Plan was adopted. This site is allocated as a Strategic Action Area (SAA3) for ‘450 dwellings, 8 hectares of employment and residential areas in South Llantarnam through the creation of a quality mixed use community with a new neighbourhood centre providing facilities for both the existing and future economy’. In the Inspector’s report on the LDP Examination in relation to Llantarnam, the Inspector offered the following conclusions in relation to the proposed SAA3 allocation:

‘This is a logical rounding-off of the southern edge of the town. Whilst I accept that the housing area in the east of the site would impinge on land which formerlycontributed to the setting of Llantarnam Abbey, the construction of the A4042 severed that link in landscape terms and I do not consider that the remaining structures within the area proposed for development would be unacceptably harmed by incorporation into a more urban setting ... I acknowledge that there are a numberof premises offered for sale or to let in the existing Business Park, but that position is likely to change over time and the provision of a wider choice of employment sites is key to achieving the Council’s overall strategy.’

The principle of the development is, therefore, considered to be in accordance with the provisions of the Local Development Plan

Transport

PPW (edition 7, July 2014) advises that Transport Assessments are an important mechanism for assessing the potential impact of a development upon existing transport infrastructure and network and for identifying mitigation measures. Local Development Plan Policy BW1 criterion E also requires a Transport Assessment to be provided to consider ‘the scale and nature of additional traffic generated by the proposal’.

Local Residents and Newport County Council comment that the Transport Assessment submitted as part of this application is inadequate and outdated. However, the Authority’s Highways Engineer confirms he is satisfied with the Transport Impact Assessment submitted in support of the application. It would therefore be unreasonable to refuse the application on this basis.

The application is in outline with all matters reserved for future consideration, except for the proposed access to the development site off Newport Road. It is firstly proposed to construct a T junction in this location, to service Phase one of the development, to the west of Newport Road. This includes The Cottage Residential area, the retail core and the proposed employment land. The Transport Assessment confirms that a ‘T’ junction is sufficient to serve Phase 1 of the development and the Council’s Highways Officer is satisfied with this. The ‘T’ junction would be upgraded to a four armed roundabout prior to the commencement of development on land to the east of Newport Road (Malthouse Lane North & South land parcels). Local opposition has been received to this phased approach to the proposed access as residents consider that the provision of a roundabout at the outset would limit local disruption. Whilst it is acknowledged that this approach would cause disruption at two stages, rather than just the once, the ‘T’ junction would be satisfactory to serve Phase 1 of the development and there is no significant planning reason to refuse the application on this basis.

A local resident commented that the proposed roundabout on Newport Rd would create a safety hazard as it would be too close to the roundabout at the junction with Llantarnam Park. The Authority’s Highways Engineer confirms that the safety audit within the TA considered this matter and concluded that the relationship would be satisfactory.

Local residents are concerned by the impact that additional traffic would have on a highways network which already experiences levels of congestion at peak hours. The application proposes a suite of off site highways improvements to mitigate for the additional traffic which the proposed development would generate. The off-site improvements to Woodlands roundabout would include provision of a 50 metre length of two lane entry from Newport Road and a provision of a dedicated left lane from the A4042 / A4051 link to Malpas Road southbound. Concerns have been raised regarding pedestrian safety on this roundabout but it should be noted that works would include improvements to pedestrian crossing points. Improvements would also be undertaken to the A4042 Crown Roundabout. It is considered that these works would sufficiently mitigate the additional traffic which would be generated by the proposed development. A local resident requests that the bridge adjacent to Crown Roundabout and Burton’s Biscuits be replaced as part of the development. The Authority’s Highways Engineers confirm this would not be necessary as part of this development proposal. It would therefore be unreasonable for us to request these works as part of the current application.

Newport City Council objects to the application on the grounds that the proposals would have a detrimental impact upon the highway network within their boundaries. However, the Authority’s Highways Engineer and Welsh Government Highways Officers do not object to the proposal as they consider that sufficient mitigation is proposed to reduce the impact of the additional traffic which the development would generate.

Residents have raised concerns about heavy vehicles using the re-aligned road through a residential area. Whilst it is accepted that heavy vehicles would have to pass along this route, on balance this is considered to be acceptable the diversion of Malthouse Lane through the site would be a significant improvement by limiting the use of the poor existing junction onto Newport Road to access only. Residents have also raised concerns regarding the impact of any increased level of traffic on Malthouse Lane. The Authority’s Highways Engineer confirms that he does not consider that there would be a significant increase in traffic and therefore it is considered that it would be unreasonable to refuse planning consent on this basis.

It is also proposed to put into place an environmental weight limit traffic order to prevent heavy goods vehicles using the section of Newport Road from Abbey Fields Roundabout to Woodlands Roundabout.

Local residents note that the bus service provision in the area has been reduced recently. The Authority’s Highways Engineer confirms that the development, with the associated increase in number of local residents, would offer an opportunity for the services to be increased. However, this would be a commercial decision which is outside the remit of the Local Authority. In ay event, this issue is not so significant to warrant the refusal of the application.

Cultural HeritagePolicy S7 of the Local Development Plan requires that the historic environment be conserved and enhanced.Significant objections to the application have been received on the basis of the impact of the proposed development on the Registered Park at Llantarnam Abbey. The application proposes to construct dwellings within the south western section of this Park, on the land parcel referred to as land to the north of Malthouse Lane. Planning Policy Wales requires local planning authorities to protect Registered Parks (Chapter 6 para 6.5.25).The ES considers that the construction of the adjacent A4042 effectively ‘severed’ this area of land from the main parkland, which therefore already adversely affected the integrity of the Park. Cadw state ‘The construction of the A4042 has both visually and physically separated the proposed development area of the park from its core to the east of the road’, although they also note ‘the parkland and associated parkland elements (lodge, entrance, drive and wall) to the west do meet the criteria for inclusion in the Register despite the construction of the A4042)’. Cadw also consider that ‘if planning permission were granted, the proposed development would destroy the parkland character of the south west corner of the registered park to such an extent that it would be necessary to formally review the registered boundary’. They believe that ‘the proposed development within registered area would cause serious harm to the historic and visual character and value of the registered historic park’.

However, the principle for development of this land parcel has already been established through the LDP allocation. On this basis, it is recognised that the

development will have an impact on the Registered Park and it is critical that mitigation measures be put in place which safeguard the historic qualities of this area, in so far as is possible. Indeed, Cadw go on to request that ‘stringent measures’ are put in place to minimise the impact upon the remainder of the Registered Park. The indicative layout submitted as part of the application shows buffer zones and landscaping which would help mitigate the impact.

It is recommended a condition is attached to any consent granted which requires a development brief be submitted and approved for Phase 2 of the development prior to the submission of any detailed development scheme. This brief would establish measures, such as the buffer and landscaping, to inform the detailed design at the reserved matters stage.

Officers are concerned that the proposed design of any residential development within the Registered Park should be of a high standard in order to minimise the impact upon the remainder of the Park. The Authority’s Conservation Officer considers that Redrow’s standard ‘Heritage’ range would be inappropriate. This matter can also be addressed through the afore mentioned requirement for a design brief. It is also proposed to attach a condition to any consent granted which limits the height of dwellings on the Malthouse Lane to two storeys, as recommended by Cadw unless this can be can be justified.

Concerns have been raised by the Authority’s Conservation Officer and local residents regarding the appropriateness of the methodology used within the ES to assess the impact of the proposed development upon historic assets. GGAT state ‘the weakness of the cultural heritage chapter … is the failure to fully consider the impact of the development upon the registered park and the settings of the two listed buildings’.

Planning Policy Wales requires that where a development would affect the setting of a listed building, the primary consideration is to preserve that setting (chapter 6 para 6.5.9). The ES fails to properly consider the impact of the development upon the adjacent listed gate house, Magna Porta Lodge. Cadw note that the effect of the proposal on the historic entrance to the park, the lodge and drive would be ‘more or less to reduce them to a corridor’. However, the importance of the relationship between the proposed development and the adjacent listed building is recognised by Officers. It is considered that the proposed design brief would establish measures, such as an effective landscaping and buffer zone, which would safeguard this relationship.

Objections have been received to the loss of parts of the stone wall which borders the land to the north of Malthouse Lane land parcel. The western part of this wall is considered to be listed. The proposal would involve the removal of a large section of this wall (around 100 metres) in the second phase of the development, in order to accommodate the proposed roundabout on Newport Road and the associated access into this part of the application site. These works would require a separate

listed building consent. The application also proposes to remove around 120 metres of this wall along Malthouse Lane to accommodate the realigned highway, although some of this would be rebuilt. The Welsh Historic Gardens Trust objects to highways works which would breach this wall. However, the principle of these access works is established through the LDP allocation. It is however recommended that a condition is attached to any consent granted which requires a methodology for works to the wall, to include realignment and reinstatement where possible.

GGAT also confirms that the ES does not cover all heritage related issues, in particular possible impact upon Roman and archaeological remains from the American Army base from the Second World War. GGAT consider there is low potential for there to be a Roman settlement site within the application site. They also note that whilst the proposed development would destroy all archaeological remains of the army base, this impact is not sufficient to merit the refusal of the application. However, a condition should be attached to any consent granted requiring an archaeological watching brief for the site.

In conclusion, the LDP allocation establishes the principle of the proposed development. Whilst it is recognised that the development will have an impact on the Registered Park this impact should be mitigated as far as possible through measures such as buffer zones, landscaping, good design and sensitive layout. The proposed design brief will establish these principles before detailed schemes are considered.

Ecology

Policy S7 requires that the natural environment be conserved.The ES fully assesses and considers the proposal in relation to its impact on the ecology and nature conservation of the site. This assessment was based on ecological surveys undertaken in 2009, 2011 & 2014. Local residents have objected to the application on the basis of the potential impact upon wildlife. No European Protected Species will be affected by the proposal and there are no statutory designated nature conservation sites within or adjacent to the application site. The key habitats that have been identified as having ecological interest include hedgerows, mature trees and wooded areas. Gwent Wildlife Trust raises concerns regarding the loss of these habitats. The ES recommends that new landscaping mitigates for any loss; this would be required as part of the detailed landscaping scheme for the site. It is also recommended a condition be attached to any consent granted which requires an ecological management plan for the site, in order to minimise impact upon the ecological value of the area. This would include measures to mitigate for and enhance Biodiversity across the site, maximising connectivity. The Authority’s Conservation Officer confirms that he raises no objections to the application.A local resident has raised concerns regarding Japanese Knotweed on the site. An advisory note is proposed to be attached to any consent granted advising the applicants to be aware of their legal obligations with regards to this invasive species.TEST OF LIKELY SIGNIFICANCE

Regulation 48 of the Habitats Regulations 1994 requires any competent authority, in this case Torfaen County Borough Council, to consider the likely effects of a development or plan on any European Protected Sites prior to granting permission. This Test of Likely Significance has been carried out. A copy of this document can be seen in Appendix 1. This assessment concluded that the development proposal is not likely to have a significant effect ‘alone or in combination’ on a European Protected Site, which are River Usk (SAC) and the Severn Estuary (SAC/SPA/Ramsar).

Landscape & Visual

Local residents have raised concerns regarding the loss of open space and views. Given the nature of the development, it is inevitable that there will be a loss of open agricultural land and a loss of view for some residents. The principle of the residential development of this site and the associated loss of green space has been established through the LDP allocation. The submitted ES fully assesses the landscape and visual impact of the proposed development and recommends a mitigation strategy which improves the appearance of the urban fringe with partial screening of the development. This would be secured through a detailed landscaping scheme at reserved matters stage. Existing trees would be retained where possible, particularly around the boundaries of the site. The indicative layout submitted as part of the planning application, along with the parameters plan, shows that a good level of public open space, to include children’s play areas, would be retained within the site: This would include substantial areas of public open space between the Llantarnam Abbey Grounds and proposed dwellings on the Malthouse Lane North land parcel and also between the proposed dwellings on The Cottage site and the rear gardens of existing houses on Pentre Lane.

Socio Economic Effects

Policy SA3 of the Adopted Local Development Plan seeks to achieve a ‘quality mixed use community’. The Environmental Statement submitted in support of this application concludes that the proposed development would have a positive impact upon the socio economic situation within the area.

The ES considers that there is adequate capacity within local schools to accommodate the additional school children which this site would generate. The Authority’s Education Department has not requested a developer contribution

The Aneurin Bevan Health Trust has not responded to the consultation process. Nonetheless, the application notes that the neighbourhood centre would have the potential to accommodate a doctors’ surgery should there be a demand.

Policy SAA3 of the LDP requires a ‘quality mixed use community’ at the site. The current scheme meets this requirement as it proposes residential, employment and retail uses within the site.

The scheme proposes a neighbourhood centre, which is seen as integral to achieving a ‘quality mixed use community’ at the site, as required by the Policy SAA3 of the LDP. Some local residents object to the application on the basis that this facility would be likely to encourage gathering youths and problems with antisocial

behaviour. It is considered that the detailed design would be critical in achieving an environment which would not foster antisocial behaviour. The management and policing of this facility would also be essential in safeguarding against such problems.

Residents also question the necessity for such a facility; whilst it is acknowledged that there are larger shopping facilities in the wider area, there is a lack of smaller shops in the Llantarnam area to serve both existing and future residents. The ES confirms that ‘the new A1 retail unit is expected to take some top-up food shopping trips away from existing supermarkets nearby’. However, overall the retail impact assessment carried out by the applicant has shown that there is both quantitative and qualitative need for the proposed development as recommended in existing and emerging policy. The Assessment concludes that the proposal will have no significant detrimental impact on any existing store or centre. Newport City Council have stated that the scale of the retail provision proposed is not considered to impact on Newport’s retail provision, although there should be strict control to avoid potential expansion of retail provision.

Some residents state that the proposed neighbourhood centre is out of character with Llantarnam: It is acknowledged that there is an absence of other shopping facilities within the area and, as previously outlined, this scheme seeks to address this matter.

The ES notes that the development would have a positive impact upon the local economy through the creation of jobs within the new employment site, for construction workers during the development phase and also ‘spin off’ jobs. The construction of new homes within the Borough is also seen as a positive in terms of providing for housing need and also through the generation of additional Council Tax revenue.

Environmental Impacts

Ground Conditions: The application site is largely greenfield land, which is currently farmland. On this basis the ES considers that the risk of ground contamination at the site is small. However, the Authority’s Environmental Health Officers request that standard conditions relating to contamination are attached to any consent granted.

Noise & Vibration: The ES predicts that no impact upon existing properties during the construction phase if controls are applied. The Authority’s Environmental Health Officers confirm that mitigation measures can be secured through attaching a condition to any consent granted requiring a Construction Environmental Management Plan to be submitted and approved.

The applicant proposes to implement mitigation measures, such as the installation of a noise barrier along the eastern boundary of the site, to safeguard proposed dwellings from existing noise levels on the existing A4051 and A4042 highways. The Authority’s Environmental Health Officers confirm this approach to be acceptable. It is recommended that conditions are attached to any consent which help to reduce the effects of the construction stage.

Drainage

A Flood Consequence Assessment was submitted as part of the application. This study confirms that the site is not within a flood plain, as defined by TAN 15. The Environment Agency and the Authority’s Drainage Officer are satisfied with the principle of the proposed surface water run-off rate of 12/l/s/ha. The indicative development layout submitted in support of the application shows a good level of green spaces which could accommodate a sustainable urban drainage system (SUDS), as recommended by the Environment Agency. This system would be submitted and approved as part of Reserved Matters application.

The Authority’s Drainage Officer advises that some of the receiving water courses which the surface water system would discharge into cross both adopted highway and the Monmouthshire and Brecon Canal. These culverts require structural upgrading. These works would also form part of the drainage scheme which

Other considerations

A number of other issues have been raised in relation to this development. However, these are considered to be of limited weight in the assessment of the application.

Section 106 Planning Obligations

The Council’s approved Supplementary Planning Guidance (SPG) gives detailed guidance on the extent of Planning Obligations that may be requested for development proposals. In this case, the proposal is for residential led development of up to 450 dwellings. However, since the submission of the application the applicant believes that 339 dwellings is the best estimate of site capacity based on initial layout designs undertaken by Redrow Homes. Whilst the number of dwellings to be constructed will potentially vary following discussions at reserved matters stage, Redrow do not think the change in numbers from 339 will be significant. As a result, whilst the ES tested the higher number as a ‘worst case’ scenario, the section 106 obligations are based on the more realistic estimate of 339 dwellings. It is estimated that of these, 106 would be built to the west of Newport Road (Phase 1) and 233 would be built to the east of Newport Road (Phase 2)

In accordance with the approved SPG the following Planning Obligations would be required for the proposed scheme based on 339 dwellings:

Affordable Housing

30% affordable housing based on a ratio of two thirds social rented and one third intermediate (low cost).

Public Open Space/recreation

Off site payment of £385,104 for adult education equating to £120, 416 for Phase 1 and £264,688 for Phase 2.

2 x Children Play Areas on site 3105.24m2 of on site Public open space Off-site payment of £11,676 in lieu of LEAP ((200 dwellings have been accounted

for with the 2 LAP/LEAP’s at 100 dwellings each).

Education

The site at 339 dwellings would generate a need for primary school places of 98 places (339x0.29). Taking into consideration current surplus places at Llantarnam Primary of 47 spare places, and also taking into consideration that 14 of these are taken by Cold Stores Site would leave a remaining surplus of 33 places. So taking the surplus of 33 from the need generated by this development of 98 gives a need for 65 new places. Therefore a financial contribution for 65 students x (3.1 x £3000m2 9300) = £604,500. This equates to £189,018 for Phase 1 and £415,482 for Phase 2.

Highways Improvements

Although not part of SPG, the Environmental Statement identifies a number of off site highways improvements as necessary mitigation for the increased traffic likely to be generated by the proposed development:

Woodlands Roundabout (estimated cost £570,000 plus statutory undertakers diversions).

Provision of a 50m length of two lane entry into Woodlands roundabout from Newport Road.

Provision of a dedicated left lane from the link road to Malpas Road southbound.

Provision of 3 lane entry to Woodlands Roundabout on Malpas Road northbound.

Crown Roundabout.

Three lane entry into Crown Roundabout northbound.

The Newport arm improvement of the Woodlands roundabout would be required during the construction of Phase 1 and the estimated cost of this is £125,000 plus statutory undertakers diversions. The remainder of the highways improvements would be required during construction of Phase 2.

DEVELOPER’S OFFER

£5,000 per dwelling would provide a total S106 pot of 339 x £5,000 = £1,695,000 (£530,000 Phase 1 and £1,165,000 for Phase 2).

15% affordable housing which equates to 33 social rented units and 22 low cost affordable units across the whole site.

Redrow recognise the importance of the off site highways improvements and have indicated their willingness for the sec 106 ‘offer’ to be apportioned according to the priority of the Planning Committee.

VIABILITY ASSESSMENT

The Council’s Supplementary Planning Guidance note recognises that planning obligations may affect the viability of a development. In order not to prevent developments from coming forward developers are required to submit a financial appraisal of costs and anticipated profit. Given the scale of the development subject to this report, an independent viability assessment has been carried out. Although the final valuation report has not yet been completed, the initial conclusion is that, at the present time, taking into account the costs and anticipated profit of the overall development the planning obligations offered by the developer as set out above are satisfactory.

PROPOSED HEADS OF TERMS FOR SECTION 106 AGREEMENT

The following Heads of Terms are proposed:

1. Based on the above it is considered that to enable the scheme to go ahead, the off site highways improvements are essential and should be given priority as part of the Section 106 Agreement.

2. The second priority should be the provision of affordable housing in the form of on site social rented units. Although there is a requirement for low cost (intermediate) units in addition to social rented units, these will be too expensive on this particular site as the cost of the dwelling, even at the discounted price, will be unaffordable. It is considered that rather than build on site, a monetary contribution of equivalent value should be taken or provide more social rented units on site.

3. Dependent on the final cost of the off site highways improvements any remaining monies would form the education and subsequently adult recreation/LEAP contribution.

4. Public open space and recreation areas would be provided on site as part of the overall development.

5. Given the uncertainty over the market, the costs of the off site highways works and the final number of units the planning obligations should be reviewed throughout the development.

6. In order to promote development of the industrial/business site there would be a requirement on the developer and owner to market the site.

7. There may be other requirements arising from the Environmental Statement or consultation responses that would be either included in the Section 106 Agreement or as a condition.

In 2010 the Community Infrastructure Levy Regulations (2010) came into affect. Reg 122 of these regulations sets out limitations on the use of planning obligations. It sets out three tests that planning obligations need to meet. It states that planning obligations may only constitute a reason for granting planning permission if the obligation is:

a) Necessary to make the development acceptable in planning terms; (Each of the obligations of the Section 106 Agreement, as set out above, are necessary as without them the development would have an unacceptable impact.)

b) Directly related to the development; (Each of the obligations of the Section 106 Agreement are directly related to the impacts of the development and are required to offset the direct impacts.) and

c) Fairly and reasonably related in scale and kind to the development. (The obligations as set out in the Section 106 Agreement, both in terms of scale and kind of obligations being required are fair and reasonable to ensure that the development’s impacts are adequately off set.)

The scheme has been assessed in relation to the Council’s approved Supplementary Planning Guidance and an independent financial appraisal has been carried out. In addition, the Environmental Statement has set out off site highways mitigation given the traffic anticipated to be generated by this proposal. On this basis it is considered that the tests have been met in this case.

CONCLUSION

The site has been allocated in the LDP for mixed employment, residential and commercial use. It is considered that the proposed development is in accordance with the allocation. It is recognised that the development would have an impact on traffic flows, the visual character of the area and on heritage assets and these impacts have been discussed above. However, the proposals put forward in the supporting documentation submitted with the application along with the proposed conditions and sec 106 agreement are considered to provide adequate mitigation for these impacts. Critically, there is a requirement for a design brief to be approved by the Council to guide the form of development prior to the preparation of any reserved matters application.

On balance, therefore, the proposed development is considered to be acceptable in principle.

Recommendation

Upon completion of an Agreement under Section 106 of the Town & Country Planning Act concerning the matters referred to in the above report, the Chief Officer (Planning & Public Protection Service) be authorised to grant permission subject to the following conditions or any amendments, additions or deletion of those conditions he may deem necessary.

RECOMMENDATION

Approve subject to the following conditions and Sec 106 Agreement.

1 The development shall be carried out in accordance with the following approved documents and drawings:

a) Parameter plan b) T junction planc) Roundabout pland) Design and Access Statement 2014

REASON: To ensure the development is carried out in accordance with the approved details. Any material alteration to the layout may have an impact which has not been assessed by that process.

2 The mitigation measures set out in the documents listed below shall be carried out as prescribed in those documents unless provided for in any other condition attached to this consent or the Section 106 Agreement:

a) Environmental Statement and addendums

REASON: To ensure the appropriate mitigation of the environmental effects identified within the Environmental Statement

3 Details of the layout, scale, appearance and landscaping (hereinafter called the ‘reserved matters’) shall be submitted to and approved, in writing, by the Local Planning Authority before any development begins and the development shall be carried out as approved.

REASON: The above matters are reserved for subsequent approval of the Local Planning Authority.

4 Any application for approval of the reserved matters shall be made to the Local Planning Authority not later than three years from the date of this permission.

REASON: To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

5 The development shall begin either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

REASON: To comply with the requirements of Section 92 of the Town and Country Planning Act 1990 and the section 106 provisions reflect the current economic conditions.

6 The industrial development shall be used only for purposes within Class B1 of the Town and Country Planning (Use Classes Order) 1987, as amended.

REASON: To protect the amenities of future residential occupiers.

7 The neighbourhood centre shall not be used other than for purposes within Classes A1, A2 and A3 and shall not exceed the following floorspace:

a) 500 sq m net of A1 convenience floorspace; andb) 400 sq m net of A1/A2/A3 non-food retail floorspace.

REASON: To ensure the on-site provision of an adequate range and mix of facilities and to safeguard the vitality and viability of nearby retail centres.

8 Prior to submission of the first of the reserved matters applications and notwithstanding the approved plans and documents, a comprehensive site wide phasing plan, which accords with the conditions contained in this Notice and the associated section 106 Agreement shall be submitted to and approved, in writing, by the Local Planning Authority. The Phasing Plan shall include, as a minimum, the following elements:

a) the reserved matters phasesb) off site highways improvementsc) site accessesd) link road and sevices to serve the industrial area e) major distributor roads/routes within the sitef) Realignment and closure of Malthouse Laneg) footpaths and cyclewaysh) programme of implementation of the strategic landscapingi) Commercial Centrej) Timing of the provision of the bus stopk) strategic foul surface water features and SUDSl) Public open space and play areasm) environmental mitigation measuresn) new roundabout on Newport Road

The development shall be carried out in accordance with the phasing plan.

REASON: To ensure the requirements of this Notice and associated section 106 Agreement are met.

9 Development proposals within each development phase shall be carried out in accordance with a Development Brief which shall have been first submitted to and approved, in writing, by the Local Planning Authority prior to the submission of reserved matters for that phase. The Development Brief shall demonstrate how the development will conform to the supporting documents listed in condition 2 above. In particular, the Development Brief shall demonstrate how the mitigation measures will preserve as much as possible of the character of the registered Park, listed structures and other

heritage assets and in relation to:

The quality of development in terms of layout, scale and design The preservation of historically significant trees and hedgerows The proposed landscaping of the site including lighting and signage.

REASON To ensure the layout, landscaping and means of access within each phase substantially reflects the outline permission and supporting information.

10 Notwithstanding any of the submitted or approved details, no dwelling on the eastern side of Newport Road shall exceed two stories in height.

Reason: To ensure that the development respects the setting of the listed structures and registered park.

11 Prior to the development of any development phase, a detailed landscaping scheme for that phase shall be submitted to and approved, in writing, by the LPA. The plans and particulars to be submitted shall include:

a) Plans and specifications of new hard and soft landscaping including landscaped buffers and screening.

b) Means of boundary treatments and enclosuresc) A plan showing the location of and allocating a reference number

to, each existing tree including crown spread, hedgerow and other soft landscape feature to be removed or retained on the site. For the purpose of this condition trees are defined as those which have a stem with a diameter measured over the bark at a point 1.5m above ground level, exceeding 75mm.

d) Details of the species, diameter (measured in accordance with paragraph (a) above) and the approximate height and an assessment of the general state of health and stability of each retained tree and of each tree which is on land adjacent to the site and to which paragraphs (c) and (d) below apply

e) Details of any proposed crown reduction or lopping of any retained tree or of any tree on land adjacent to the site.

f) Details of any proposed alterations in existing ground levels and of the position of any proposed excavation within the crown spread of any retained tree on land adjacent to the site within a distance from any retained tree or any tree on land adjacent to the site, equivalent to half the height of that tree.

g) Details of the specification and position of temporary fencing (and of any other measures to be taken) for the protection of any retained tree, hedgerow or other soft landscape feature from damage before or during the course of development.

In this condition, and in condition 14 below, 'retained tree' means any existing tree, hedgerow or other feature which is to be retained in accordance with the plan referred to in paragraph (a) above.

REASON: In the interests of the visual amenities of the site and to safeguard environmental interests.

12 In accordance with Condition 11 above, all works comprised in the approved details of landscaping, including public open spaces and landscape buffers, associated with each development phase shall be carried out in accordance with a programme which shall have been first submitted to and approved, in writing, by the Local Planning Authority.

REASON: In the interests of visual amenity

13 If within a period of up to five years from the date of first occupation of the last dwelling on a development phase, any retained tree/hedgerow or new tree/hedgerow planted within that phase is removed, uprooted or destroyed or dies (or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective), another tree of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.

REASON: To safeguard long term amenity, landscape and ecological interests.

14 Prior to the commencement of development a management plan setting out the details of how the landscaping, play areas, open space, watercourses and ecological habitat/connectivity will be managed/protected both during and after construction stage shall be submitted to and approved, in writing, by the Local Planning Authority. The site shall be managed in accordance with the approved management plan.

REASON: To ensure mitigation measures and open space/play areas are properly managed in the long term.

15 Notwithstanding the provisions of Schedule 2, part 2, class A of the Town and Country Planning (General Permitted Development) Order 1995, no means of enclosure shall be erected other than in accordance with a scheme which shall have been submitted to and approved, in writing, by the Local planning Authority.

REASON: In the interests of visual amenity.

16 Not more than 50 dwellings shall be beneficially occupied until the improvement works to the Newport Road arm of the woodlands roundabout, including pedestrian and cyclist crossing arrangements, have been completed in accordance with details which shall have been first submitted to and approved, in writing by, the Local planning Authority.

REASON: The improvements to the off-site road infrastructure are required to mitigate the impact of the additional traffic that will be generated by the development.

17 Prior to the erection of the 30th dwelling, works for the construction of the link road and services to serve the industrial/business site shall be carried out and completed in accordance with details which shall have been first submitted to and approved by the Local Planning Authority.

REASON: To promote the delivery of the industrial site in the interests of the economy.

18 None of the dwellings to the east of Newport Road shall be occupied until works to provide the new roundabout junction along Newport Road have been completed in accordance with Drawing no. XXXX

REASON: To ensure the dwellings are served by a safe means of access in the interests of highway safety.

20 The main access roads, footways, ancillary features shall be constructed to adoptable standards.

REASON: To ensure the dwellings are served by a safe means of access in the interests of highway safety.

21 None of the dwellings or other buildings to the west of Newport Road shall be occupied until the ‘T’ junction along Newport Road has been completed in accordance with Drawing no. 137-80/SK05A received 2 December 2014. Thereafter, Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, as amended, no wall, fence or other obstruction exceeding 600mm high above the level of the adjoining carriageway shall be erected, placed or allowed to grow within the visibility splay.

REASON: In the interests of highway safety.

22 Visibility splays of 2.4 metres x 43 metres in both directions from the centre line of each internal road junction shall be provided prior to the occupation of any dwelling served by that part of the road. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)Order 1995, as amended, no wall, fence or other obstruction exceeding 600mm above the level of the adjoining carriageway.

REASON: To ensure the dwellings are served by a safe means of access in the interests of highway safety.

23 None of the dwellings shall be occupied until details of a scheme to provide or improve cycle links to the wider cycle route infrastructure has been submitted to and approved, in writing, by the Local Planning Authority. The approved scheme shall be carried out and completed in accordance with the approved phasing plan required as part of condition 8 above.

REASON: To ensure the site can be adequately accessed and egressed by cyclists to promote sustainable forms of transport..

24 None of the dwellings shall be occupied on any phase until details and timing of pedestrian crossing points required for that phase have been submitted and approved, in writing, by the Local Planning Authority. The crossing points shall be provided in accordance with the approved details.

REASON: In the interests of pedestrian safety.

25 No building shall be occupied until that part of the road which provides access to it has been constructed to at least base course level in accordance with the approved plans.

REASON: In the interests of highway safety.

26 No building shall be occupied until parking has been provided in accordance with details which shall have been submitted to and approved, in writing, by the Local Planning Authority. Garages meant for parking shall have minimum internal dimensions of 6m x 3m. Notwithstanding the Town and Country Planning (General Permitted) Development Order 1995 (as amended for Wales) (or any order revoking and re-enacting that Order, with or without modification) all such garages and parking spaces shall thereafter be retained solely for the parking of vehicles in connection with the building they serve.

REASON: To ensure adequate off street parking is provided in the interests of highway safety.

27 Details and timing of the proposed bus stop shall be submitted to and approved, in writing, by the Local Planning Authority prior to the commencement of development. The bus stop shall be provided in accordance with the approved details.

REASON: In the interests of sustainability and residential amenity

28 Prior to the commencement of development on any phase, details for the diversion or retention and protection of any public rights of way crossing that phase both during and after the construction phase shall be submitted to and approved, in writing, by the Local Planning Authority.

REASON: To ensure any existing public rights of way are maintained and protected in the interests of the community.

29 Prior to the commencement of development a fully detailed drainage strategy for the site, including any survey and repair works to existing drainage infrastructure necessary to accommodate the development shall be submitted to and approved, in writing, by the Local Planning Authority. Prior to the submission of those details, an assessment shall be carried out into the potential for disposing of surface water by means of a sustainable drainage system (SUDS) in accordance with the principles of sustainable

drainage set out in Appendix 4 of TAN 15, and the results of the assessment shall be provided to the Local Planning Authority. Where a SUDS scheme is to be implemented, the submitted details shall:

a) Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site, and the measures taken to prevent pollution of the receiving groundwater and/or surface waters;

b) Specify the responsibilities of each party for implementation of the SUDS scheme, together with a timetable for that implementation; and

c) Provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker, and/or any other arrangements to secure the operation of the scheme throughout its lifetime.

The scheme shall be implemented, maintained and managed in accordance with the approved details.

30 No work shall commence on any development phase until details of drainage works to serve that phase have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until the drainage works serving that dwelling have been completed in accordance with the approved details.

REASON: To prevent hydraulic overloading of the public sewerage system, protect the environment and residential amenity.

31 No surface water from the site shall drain onto the highway or into highway drainage and no soakaway may be constructed within 5 metres of the adopted highway or within 5 metres of an existing or proposed structure, (above or below ground).

REASON: In the interests of highway safety.

32 Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there are multiple tanks, the compound should be at least equivalent to the capacity of the largest tank or the combined capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipe work should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund.

REASON: To prevent pollution of the water environment.

33 No development shall be commenced until a detailed Construction Environmental Management Plan describing, but not limited to, the works to be undertaken, construction traffic management, noise and vibration, management of imported materials, details of any pollution and nuisance prevention measures during construction of that area, a materials management plan, and hours of operation, has been submitted to and approved, in writing, by the Local Planning Authority. Development shall not be carried out other than in accordance with the approved detailed Construction Environmental Management Plan.

REASON: To prevent pollution of the environment and to protect the amenities of residents.

34 Prior to commencement of development to the east of Newport Road details of measures to protect residents from noise from the A4042 dual carriageway shall be submitted to and approved, in writing, by the Local Planning Authority. Any noise mitigation measures shall be carried out in accordance with the approved details.

REASON: To protect the amenities of future residents.

35 Unless otherwise agreed in writing by the Local Planning Authority, no development shall commence until an assessment of the nature and extent of contamination affecting the application site area has been submitted to and approved in writing by the Local Planning Authority. This assessment must be carried out by or under the direction of a suitably qualified competent person in accordance with BS10175 (2011) Investigation of Potentially Contaminated Sites Code of Practice and shall assess any contamination on the site, whether or not it originates on the site.

The report of the findings shall include:

a) a desk top study to identify all previous uses at the site and potential contaminants associated with those uses and the impacts from those contaminants on land and controlled waters. The desk study shall establish a ‘conceptual site model’ (CSM) which identifies and assesses all identified potential source, pathway, and receptor linkages;

b) an intrusive investigation to assess the extent, scale and nature of contamination which may be present, if identified as required by the desk top study;

c) an assessment of the potential risks to: human health, groundwater and surface waters adjoining land, property (existing or proposed) including buildings, crops,

livestock, pets, woodland and service lines and pipes, ecological systems,

archaeological sites and ancient monuments; and any other receptors identified at (a)

d) an appraisal of remedial options, and justification for the preferred remedial option(s).

All work and submissions carried out for the purposes of this condition must beconducted in accordance with Welsh Local Government Association and theEnvironment Agency Wales’ ‘Development of Land Affected by Contamination: Aguide for Developers’ (2012).

REASON: To protect human health and the environment

36 Upon the completion of an investigation and risk assessment in accordance with condition 35 above a detailed remediation scheme and verification plan to bring the site to a condition suitable for the intended use by removing any unacceptable risks to human health, buildings, other property and the natural and historical environment shall be prepared and submitted to the Local Planning Authority for its approval. The scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures.

REASON : To ensure that risks from land contamination to the health of future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

37 The remediation scheme approved by condition 36 above must be fully undertaken in accordance with its terms prior to the construction of the first building unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Following completion of the measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and this shall be approved in writing by the Local Planning Authority before the construction of any building on site

REASON: To ensure that risks from land contamination to the health of future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

38 In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported

in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 35 above, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 36 above, which is subject to the approval in writing of the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 37 above.

REASON: To ensure that risks from land contamination to the health of future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

39 Where any species listed within the Schedules of the Conservation of Habitats and species Regulations 2010 is found to be present on the site, no works of site clearance, demolition or construction shall take place in pursuance of this permission until a licence to disturb any species has been granted in accordance with the aforementioned Regulations and a copy thereof has been produced to the Local Planning Authority.

REASON: To ensure any protected species discovered are adequately protected.

40 Prior to the commencement of development to the east of Newport Road the existing stone wall bounding Malthouse Lane north shall be surveyed recorded and a fully detailed report on its condition along with a programme of repair and a specification for the removal of that section required for the roundabout access shall be submitted to and approved, in writing, by the Local Planning Authority. Work to the wall along with any necessary reinstatement and repair shall be carried out in accordance with the approved details.

REASON: In the interests of visual amenity and to ensure the long term preservation and safety of the wall.

41 No development shall take place to the east of Newport Road until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved written scheme of investigation.

REASON: To identify and record any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on

the archaeological

ADVISORY NOTES

1 The developer is advised to contact the Local Highways Authority in relation to a required weight limit restriction between the new ‘T’ junction on Newport Road and Woodlands Roundabout.

2 Welsh Water has advised that no construction work should commence until the position of the 700mm, 750mm and 1200mm diameter public water mains have been located on site. The developer is strongly advised to consult with Welsh Water regarding underground services that may affect the development.

3 Welsh water has advised that there is insufficient capacity to provide guaranteed mains water supply to the proposed development and extensive off site watermains will need to be laid.

4 Welsh Water has advised that an adoption agreement will be required if the developer wishes to communicate with the public sewerage system. The developer is strongly advised to consult with Welsh water regarding the capacity of the Ponhtir Waste Water Treatment Works to serve the development.

5 Torfaen Local Development Plan covers Torfaen County Borough. The following policy/policies is/are relevant to the consideration of this application: xxxxxx

6 Japanese Knotweed is a vigorous growing perennial weed that is spread locally by underground growth. The main method of dispersal is through the movement of infected soil and illegal tipping. It is an offence under the Wildlife and Countryside Act 1981 to knowingly introduce Japanese Knotweed into the wild and all contaminated waste must be disposed of to a licensed tip. Initial information and advice can be obtained from the Countryside Section of the Regeneration Department, Torfaen County Borough Council, County Hall, Cwmbran

7 Gas apparatus may be at risk from development and the developer should seek advice from Wales and West Utilities before commencing works on site.

APPENDIX 1

APPROPRIATE ASSESSMENT RECORD

Torfaen County Borough Council – Assessment of Likely Significant Effect on a European Site

This is a record of the appropriate assessment, required by Regulation 48 of the Habitats Regulations 1994, undertaken by Torfaen County Borough Council in respect of the below plan or project/application, in accordance with the Habitats Directive (Council Directive 92/43/EEC). Having considered that the plan or project would be likely to have a significant effect on the stated European site and the plan or project was not directly connected with or necessary to the management of the site, an appropriate assessment has been undertaken of the implications of the proposal in view of the site’s conservation objectives.

PART A.To be completed by relevant project officer in consultation with TCBC Ecologist and Natural resources Wales.

1. Title of Plan or Project/Application Malthouse Lane, Llantarnam, Cwmbran.

Planning Reference: 12/P/00288

Proposal: Outline application for the development of land at Llantarnam for employment (B1), residential (C3), a neighbourhood centre (including A1 retail and D1 community uses), together with vehicular and pedestrian / cycle access including new highway junction on Newport Road realignment of Malthouse Lane, regarding of site to form new site levels and associated infrastructure works, parking servicing, landscaping and public open space provision.

2. Location of Plan or Project/Application See attached map

3. Map Grid Reference Approximate reference: ST298926

4. Description of Plan or Project/Application

Malthouse Lane is allocated as a ‘Strategic Action Area (SAA)) for 450 dwelling and 8 hectares of employment land within the Torfaen County Borough

adopted Local Development Plan.

5. European site name(s) and status. In 2011 and under Regulation 63 of the Conservation of Habitats and Species Regulations (2010) TCBC undertook a review of consents (RoC) project to assess the implications on 10 European sites. These were:

1. Usk Valley Bat Sites - SAC 2. Cwm Clydach Woodlands – SAC3. River Usk - SAC 4. Sugar Loaf Woodlands – SAC 5. Aberbargoed Grasslands SAC 6. Severn Estuary - SAC/SPA/Ramsar7. Coed Y Cerrig - SAC 8. River Wye - SAC9. Wye Valley Woodlands – SAC10. Wye Valley and Forest of Dean Bat Sites - SAC

Alert Areas identified within the RoC study were established for the following sites:

1. Aberbargoed Grasslands – SAC2. Cwm Clydach Woodlands – SAC3. River Usk – SAC4. Severn Estuary – SAC/SPA/Ramsar5. Usk Bat Sites SAC.

From the screening criteria detailed in the RoC it was considered that the following sites should be screened for Significant Effect. These are:

1. River Usk – SAC2. Severn Estuary – SAC/SPA/Ramsar

6. List of Interest Features1. River Usk SAC

Annex I Habitats qualifying feature:

Water courses of plain to montane levels with the Ranunculion fluitantis and Callitricho-Batrachion vegetation

Annex II Species primary reason for selection:

Sea lamprey Petromyzon marinus

Brook lamprey Lampetra planeri

River lamprey Lampetra fluviatilis

Twaite shad Alosa fallax

Atlantic salmon Salmo salar

Bullhead Cottus gobio

Otter Lutra lutra

Annex II Species qualifying feature:

Allis shad Alosa alosa

2. Severn Estuary SAC/SPA/RamsarAnnex I habitats that are a primary reason for selection of this site:

Estuaries

Mudflats and sandflats not covered by seawater at low tide

Atlantic salt meadows (Glauco-Puccinellietalia maritimae)

Annex I habitats present as a qualifying feature, but not a primary reason for selection of this site:

Sandbanks which are slightly covered by sea water all the time

Reefs

Annex II species that are a primary reason for selection of this site:

Sea lamprey Petromyzon marinus

River lamprey Lampetra fluviatilis

Twaite shad Alosa fallax

Annex II species present as a qualifying feature, but not a primary reason for site selectionNot applicable.

7. Is the Plan or Project/Application directly connected with or necessary to the management of the site for nature conservation?

No

8. What potential hazards are likely to affect the interest features? Are the interest features potentially exposed to the hazard?

Both the River Usk and Severn Estuary SACs could be exposed to damage during construction and operation phases in terms of surface and groundwater quality, surface water drainage and flood risk, water quality, water supply and surface water/foul sewerage capacity.

Chapter G (Water Resources) of the Environmental Statement (ES) March 2012 (amendments September 2014) covers the following areas:

Planning Policy Context Assessment Methodology & Significance

Criteria Baseline Conditions Potential Effects Mitigation Measures Residual Effects Summary & Conclusions

The Potential Effects are summarised as follows:

During Construction Foul Drainage – minor adverse Surface Water Quality and Flood risk –

moderate adverse Groundwater Pollution and Dewatering –

moderate adverse Surface Water Quality Pollution and

Biodiversity – moderate adverse Water Supply Efficiency and Nearby

Abstractions – moderate adverse

After Completion Foul Drainage – major adverse Surface Water and Flood Risk – moderate

adverse

Groundwater Pollution and Dewaterng – minor adverse

Surface Water Pollution and Biodiversity –moderate adverse

Water Supply Efficiency and Nearby Abstractions – major adverse

Mitigation Measures – following the introduction of mitigation measures the impacts are assessed as:

During Construction Foul Drainage – neutral Surface Water Management – short lived and

highly localised Surface Water Quantity and Flood Risk –

minor adverse Groundwater Pollution and Dewatering –

neutral /negligible Surface Water Quality Pollution and

Biodiversity – minor adverse Water supply Efficiency and Nearby

Abstractions – minor adverse

After Construction Foul Drainage – neutral Surface Water and Flood Risk – minor

beneficial Ground Water Quality Pollution and

Biodiversity – neutral / negligible Surface Water Pollution and Biodiversity –

minor beneficial Water Supply Efficiency and Nearby

Abstractions – major beneficial

Residual Effects

During Construction – minor adverse After Completion – moderate beneficial

The Summary and Conclusions section identifies the hydrological links to the River Usk Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI) downstream.

9. Is the potential scale or magnitude of any effect likely to be significant?

No.

The application has been supported by a full suite of ecological surveys and a detailed Environmental Statement (ES).

Where ecological effects have been identified all are mitigated or compensated for according to best practice, planning policy and legislation.

Avoidance measures include:

A drainage strategy to maintain greenfield surface water run-off rates through the use of Sustainable Urban Drainage Systems (SUDS).

Good environmental practice and surface water management during construction.

Development located outside of fluvial floodplains.

Improvement works to sewer system.

a) Alone? No. (see above)

b) In combination with other plans or projects? (Explain conclusion and which plans/projects have been included, including those associated with other functions).

No.

All ‘in combination’ effects have been assessed through the HRA of the deposit Local Development Plan (LDP).

The Critical Care Centre proposed for Llanfrechfa Grange Hospital was assessed for its impact on the same two European sites.

South Sebastopol development was also assessed for the same to European sites.

Both sites were considered to have no impact on the two relevant SAC sites.

10. Conclusion: Is the proposal likely to have a significant effect ‘alone or in combination’ on a European site?

No

11. Name of TCBC Officer

Steve Williams Team Leader Ecology

Date:

10 November 2014

12. Natural Resources Wales (NRW) comment on assessment.

NRW note the content of this HRA and agree that the 2 SAC sites that could potentially be impacted by this

proposed development are the River Usk SAC and the Severn Estuary European Site.

The likely impact on the features of the listed SAC sites is through deterioration in water quality particularly during construction but also during operation of the proposed development. The mitigation measures that have been identified within the Environmental Statement and referred to in section 9 above are noted and these should be fully implemented as part of the relevant planning conditions attached to the outline consent for this proposal. We would refer your Authority to the Environment Agency’s pollution prevention guidance which can be found using the following link:

https://www.gov.uk/government/collections/pollution-prevention-guidance-ppg

NRW agrees with the overall conclusion of this HRA in that the proposed development in unlikely to have a significant effect on the features of the the River Usk SAC and the Severn Estuary European Site subject to the implementation of relevant mitigation measures through planning condition/s to ensure that potential effects are avoided or reduced to acceptable levels.

These comments may be taken as our formal response under Regulation 61(3) of The Conservation of Habitats and Species Regulations 2010 (as amended).

13. Name of NRW Officer Richard JonesDistrict Team LeaderMonmouthshire and Eastern Valleys

21 November 2014

IF THE PROPOSAL IS LIKELY TO HAVE A SIGNIFICANT EFFECT AN APPROPRIATE ASSESSMENT WILL BE REQUIRED (see part b for suggested scope)

PART B 14. Suggested Scope of the Appropriate Assessment (AA)

14. TCBC/NRW Comment on scope of Appropriate Assessment.

15. Name of TCBC/NRW Officer Date:

Summary

1. Natural Resources Wales (NRW) was consulted under Regulation 48(s) on (Date) …………………………… and their representations, to which Torfaen County Borough Council has had regard are attached. The conclusions of this assessment are/are not in accordance with the advice and recommendations of Natural Resources Wales.

2. The applicant was required to submit further information reasonably necessary for this assessment on (Date)…………………… under Reg. 48 (2) and replied with the information on (Date) ……………………/but did not supply the information.

3. The opinion of the general public was taken under Reg.48 (4) by way of public advertisement /further consultation etc. and the views expressed, which are attached, have been taken into account.

4. The site’s conservation objectives have been taken into account, including consideration of the citation for the site and information supplied Natural Resources Wales. The likely effects of the proposal on the international nature conservation interests for which the site was designated may be summarised as:(List of Effects)

5. The assessment has concluded that:

a) the plan or project as proposed would not adversely affect the integrity of the site,or

b) the plan or project as proposed would adversely affect the integrity of the site.

If (b):

The imposition of conditions or restrictions on the way the proposal is to be carried out has been considered and it is ascertained that:

a) conditions or restrictions cannot overcome the adverse effects on the integrity of the site.

or

b) the following conditions and/or restrictions would avoid adverse effects on the integrity of the site.(List conditions/restrictions)

Signed…………………………………………………………Date…………………………………………