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PLANNING HISTORY

 

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HISTORY - PLANNING - NPTCBC

2003

P2003/1330 

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ORIGINAL PLANNING DOCUMENTS PAGE - CLICK HERE

ORIGINAL LAYOUT OF HOUSES - CLICK HERE

DECISION & CONDITIONS - CLICK HERE

The original plans were approved on 12/7/2005

Illustrated is condition 17 which states "tipped material on the site" which identifies that the ground is historically landfill.

 

2008  

P2008/1462 - PLANNING APPLICATION WITHDRAWN  -  P2008/1462

Agent: Martin Healer Development Services

In 2008 the Cuddy Group attempted to meet condition 17 (access road borehole testing) imposed by the council planning department. Part of the condition was that a "Geotechnical Survey of the ground be submitted "In the interests of highway safety and structural stability, in view of the tipped material on the site. 

VIEW PLANNING APPLICATION WEBSITE SUMMARY - SEARCH P2008/1462 - CLICK HERE  

VIEW PLANNING APPLICATION DOCUMENTS - (20081106a-WB-NPTC-CUDD=cond17 - CLICK HERE)

A geo-technical and geo-environmental report was submitted on the 26 November 2008. This was prepared for Moore Knight Limited by Terra Firma (Wales) Limited 

KEY DOCUMENT - P2008/1462 - GEO-TECHNICAL and GEO-ENVIROMENTAL REPORT - Prepared for Moore Knight Limited by Terra Firma (Wales) Limited

 ( 20080500a-DO-TFIR-geo.rpt.cuddy - CLICK HERE)

This document contains a mass of information relating to the site including the identification of contaminated ground and advice against building on the peat bog, however there are several contradictions contained in the report relating to its historical use as a tip. For example the majority of the land is made up mainly of 'made ground, (landfill) yet the report says there has never been a tip on site ever.

KEY DOCUMENT - P2008/1462 - ENVIROCHECK HISTORICAL INFORMATION

includes maps and test results for boreholes etc for the above report.

20090710a-DO-ENVI-hist.rpt.cuddy - CLICK HERE

Application received by the NPTC Planning Department on 6/11/2008

The application was withdrawn on 2/4/2009 - CLICK HERE

This application was most likely withdrawn because the contaminated land report and remediation recommendations would have cost the Cuddy Group several thousand pounds.

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2010   Ref: 2010/0260

FULL APPROVAL WITH CONDITIONS - CLICK HERE

approved on 23/4/2010

The council gave approval for Cuddy to tip materials onto the site up to a level of 15 metres.  full planning permission on the site in 2010 with conditions. The approval on more than occasion referred to "tipped material" at the site. 

Conditions 17 and 18 state

"In the interests of highway safety and structural stability, in view of the tipped material on the site."

Condition 27 states - (27) Any importation of material shall cease within 12 months of its commencement, unless otherwise agreed in writing with the Local Planning Authority. The Local Planning Authority shall be notified in writing when operations commence within 7 days of the commencement of tipping operations. Reason In the interest of amenity. 

The condition states that Cuddy was only allowed to tip for 12 months. What is the start date? There's an email from Nicola Lake in 2016 that says there are complex issues however the condition is quite simple, Cuddy is to give a start date, then tip for 12 months and finish. Cuddy tipped for around 5-6 years which would indicate that he gave no start date or the condition was not policed correctly by either the NPTC or Glynneath TC.

CLICK HERE FOR THIS EMAIL

2010   PLANS APPROVED WITH CONDITIONS - P2010/0562 - 1/7/2010

CLICK HERE FOR NPTC PLANNING DOCUMENTS   -  CLICK HERE FOR THE DECISION INCLUDING CONDITIONS

Condition 1 of the development states that the development needs to have begun within 5 years of the original planning approval on 12/7/2005. 

"(1) The development hereby permitted shall be begun before the expiration of five years from the date of the original planning permission P2003/1330 (approved on 12/07/05). Reason To comply with the requirements of Section 91 of the Town and Country Planning Act 1990."

The last fully approved permission with conditions were made on 1/7/2010. There is no evidence of the development beginning since 2005 and only the tipping of industrial waste has occurred since 2010. Even if this permission carried forward to the 2010 approved plans, there has been a considerable alteration to the shape of the site and the make up of the ground. The satellite photographs below provide evidence of this. Therefore the permission for P2003/1330 has lapsed because the owners of the land have been unable to meet this condition. It is therefore inadmissible with this application.

CLICK HERE FOR AN OBJECTION CONTAINING THIS INFORMATION

2016 94-more-tipping.jpg (111556 bytes) PLANS DECLINED - P2016/0974 (not found on the 2003 search) - REFUSAL OF PLANNING

failure to meet conditions including the cessation of tipping. 

2020 38-20101006-council-web.jpg (260735 bytes) P2020/0195

What the NPT Council Planning Department said when we asked them to delay the Enzo planning application because of COVID-19 and the social distancing restrictions for the elderly in our street.

"However despite the current circumstances in relation to Covid 19 we are unable to hold the application until after the present circumstances have been relaxed.  Instead we would suggest that you consider using social media"

2020  

On 28th July 2020 the Glynneath Town Council met and resolved to make the following representation on the planning application.

 "The Glynneath Town Council is concerned about resident's reports of illegal tipping of chemical waste on the site and of its historical use as a domestic and industrial landfill site since the 1940s. We would like to see a thorough investigation of the land for actual and potential contamination of the site down to its natural ground level". 

 

CLICK HERE FOR A YOUTUBE VIDEO OF THE DISCUSSION AT THIS MEETING

An important part of this meeting was that both County Councillors, (Del Morgan and Simon Knoyle) who were due to take part in the planning application meeting failed to declare which way they would represent the people of Glynneath at the meeting. Although neither of them had a vote as such their representations to the planning committee were wholly for the development. Both councillors and Haulwen Morgan were aware that NPTC had potentially breached the 1990 EPA and failed to disclose this to the other councillors.

Additional to this they will be sending a covering letter requesting further information from the planning department.

 

COVERING LETTER - CLICK HERE

 

COUNCIL REPLY FROM STEVE BALL - CLICK HERE

 

   

JUNE 2020 UPDATE TO THE PLANS - CLICK HERE

JULY 2020 UPDATE TO THE PLANS - CLICK HERE

8 Sep 2020   2020/0195 - PLANNING COMMITTEE MEETING

On 8 September 2020 the planning committee met to approve the planning department's recommendation for the development.

Initial Documents were uploaded to the NPTC planning website

PLANNING MEETING AGENDA - CLICK HERE

PLANNING MEETING AMENDMENT SHEET - CLICK HERE

 

 

26.jpg (499997 bytes) xl/26 P2020/0195 - AG
27-20200908A-IMAG-barrels.jpg (745936 bytes) 27b.jpg (183756 bytes) 27a.jpg (255492 bytes) xl/27b P2020/0195 agenda document includes information about the barrels that the were dumped at the site.

 

July

2020

37-steam-change-info.jpg (429084 bytes) In July 2020 a third set of plans were placed with the council. These included a revision of the Ecological Appraisal. According to the I&G Consulting representative, Nicola Lake contacted Geraint John Planning and asked this company to reword the plans to show a change in the recommendation for the stream. See illustration to the left.  

CLICK HERE FOR THE JULY UPDATE

P2020/0863

vary wording

change of wording to remove contamination before testing https://planningonline.npt.gov.uk/online-applications/applicationDetails.do?activeTab=externalDocuments&keyVal=QH7TPJKZK9S00

http://appsportal.npt.gov.uk/ords/idocs12/f?p=Planning:2:0::NO::P2_REFERENCE:P2020/0863

CLICK HERE FOR AN OVERVIEW OF THESE PLANS, FOR INDIVIDUAL DOCUMENTS AND OTHER INFORMATION RELATING TO THESE PLANS

Notes only 4 objections - we submitted 20

23-0863.jpg (445898 bytes)

P2021/0546

18/5/2021

11/6/2021

Enzo - details to be agreed - new plans contamination confirmed https://planningonline.npt.gov.uk/online-applications/applicationDetails.do?keyVal=QTB8NLKZMQP00&activeTab=summary

http://appsportal.npt.gov.uk/ords/idocs12/f?p=Planning:2:0::NO::P2_REFERENCE:P2021/0546

CLICK HERE FOR AN OVERVIEW OF THESE PLANS, FOR INDIVIDUAL DOCUMENTS AND OTHER INFORMATION RELATING TO THESE PLANS

 

 

CONDITION 1

Condition 1 of the development states that the development needs to have begun within 5 years of the original planning approval on 12/7/2005. 

"(1) The development hereby permitted shall be begun before the expiration of five years from the date of the original planning permission P2003/1330 (approved on 12/07/05). Reason To comply with the requirements of Section 91 of the Town and Country Planning Act 1990."

The last fully approved permission with conditions were made on 1/7/2010. There is no evidence of the development beginning since 2005 and only the tipping of industrial waste has occurred since 2010. Even if this permission carried forward to the 2010 approved plans, there has been a ten year gap since then without approved planning permission. There has also been considerable alteration to the shape of the site and the make up of the ground. In 2016 this necessitated a cessation of tipping order. The satellite photographs below readily available on-line provide evidence of this. Therefore the permission for P2003/1330 must be considered to have lapsed because the previous developers were unable to meet this condition. There is no extant planning permission for this application.

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NOTES - 

PC meeting 8/9/20 - the following question in the amendment sheet has not been answered in relation to the 2008 RA 

In his answer to this question Steve Ball uses a method of deception to avoid giving the correct answer to the 2008 RA that proved contamination (reference avoid overwhelm satisfy). 

similar to RAB - CLICK HERE

 

 

 

LOCAL DEVELOPMENT PLAN - 2016 - CLICK HERE

Extracts:

Conservation: 

Policy EN 6 Important Biodiversity and Geodiversity Sites Development proposals that would affect Regionally Important Geodiversity Sites (RIGS), Local Nature Reserves (LNRs), Sites of Interest for Nature Conservation (SINCs), sites meeting SINC criteria or sites supporting Local Biodiversity Action Plan (LBAP) or S42 habitats or species will only be permitted where: 1. They conserve and where possible enhance the natural heritage importance of the site; or 2. The development could not reasonably be located elsewhere, and the benefits of the development outweigh the natural heritage importance of the site. Mitigation and/or compensation measures will need to be agreed where adverse efects are unavoidable.

Policy EN 7 Important Natural Features Development proposals that would adversely afect ecologically or visually important natural features such as trees, woodlands, hedgerows / feld boundaries, watercourses or ponds will only be permitted where: 1. Full account has been taken of the relevant features in the design of the development, with measures put in place to ensure that they are retained and protected wherever possible; or 2. The biodiversity value and role of the relevant feature has been taken into account and where removal is unavoidable, mitigation measures are agreed.

 

 

LINKS

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