ABCDE EXTRAORDINARY COUNCIL MEETING

CYFARFOD ARBENNIG O’R CYNGOR 12 JULY 2011

12 GORFFENNAF 2011

supportive, fair, effective cefnogol, teg, effeithiol

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Telephone: 0 1 4 9 5 7 4 2 1 6 2 Email: richard.gwinnell@torfaen.gov.uk

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Richard Gwinnell 01495 742163 4 July 2011 01495 766059 Dear Councillor (listed overleaf) You are invited to attend an extraordinary meeting of TORFAEN COUNTY BOROUGH COUNCIL, which will be held in the Council Chamber at the Civic Centre, Pontypool, NP4 6YB on Tuesday 12 July 2011 at 2.00pm to consider the business set out in the attached agenda. Members of the public have the right to ask questions at Council meetings, provided at least two working days notice in writing of the question has been provided to the Chief Executive. Members of the public have the right to speak in English or Welsh. Instantaneous translation facilities will be provided in Welsh so long as 3 clear working days notice has been given. Mae gan aelodau o’r cyhoedd yr hawl i ofyn cwestiynau yng nghyfarfodydd y Cyngor, cyn belled ag y rhoddwyd dau ddiwrnod o rybudd ysgrifenedig o’r cwestiwn i’r Prif Weithredwr. Mae gan aelodau o’r cyhoedd hefyd yr hawl i siarad yn y Gymraeg neu’r Saesneg. Darperir gwasanaeth cyfieithu ar y pryd cyn belled bod 3 diwrnod o rybudd wedi ei roi. NB as this meeting of the Council is considering a planning application, the speaking rights (for objectors and applicants for example) which apply at Planning Committee meetings will also apply to this meeting. We welcome people who have objected to the application in writing - and the applicant, in reply - to speak at the meeting in line with the usual speaking rights and limits relating to meetings of the Planning Committee. Please contact Rosalyn Gwynn on 01495 766057 if you wish to apply to speak at the meeting – by 2.00pm on Friday 8 July 2011.

Yours sincerely

Richard Gwinnell LEAD OFFICER, COUNCIL AND MEMBER SUPPORT

on behalf of Alison Ward CBE, Chief Executive

MEMBERS Councillors:

Philip Seabourne (Mayor) Mary Barnett Tom Huish Raymond Mills Cynthia Beynon MBE Aneurin James Norma Parrish Julianna Biggs Keith James Margaret Pead Ron Burnett Mike Jeremiah Jeff Rees Peter Cathcart Doug Jones Sarah Richards MBE Gwyneira Clark Lewis Jones Graham Smith Richard Clark Robert Jones Colette Thomas Fiona Cross Ron Jones Marlene Thomas John Cunningham MBE KSG John Killick Wayne Tomlinson Alastair Cunnington Catherine Lewis Bob Wellington (Leader) Stuart Evans John Marshall Brian Whitcombe Veronica German Neil Mason Kathleen Williams Maria Graham Brian Matthews Paul Williams Elizabeth Haynes Brian Mawby Ray Williams TOTAL 43 (and one vacancy) QUORUM 10

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EXTRAORDINARY COUNCIL MEETING 2.00pm on Tuesday 12 July 2011

Council Chamber, Civic Centre, Pontypool

A G E N D A Pages Sponsor

1. Attendance - Mayor

Attendance register to be signed and attendees recorded in the minutes

2. Apologies for Absence - Mayor

Councillors’ apologies should be given in advance to Richard Gwinnell on 01495 742163 or email richard.gwinnell@torfaen.gov.uk. All received and announced apologies will be recorded in the minutes

3. Declarations of Interest - All

To receive declarations of interest in respect of items on this agenda, which must be declared verbally and also written in the Declarations of Interests Register circulating with the Attendance Register

4. Receipt of Petitions - Mayor

To receive petitions previously notified

NB petitions may only be submitted to this meeting if they relate directly to the Arvin Meritor planning application and must be notified to the Chief Executive by 2.00pm on Friday 8 July 2011

5. Public Question Time - Mayor

To receive previously notified questions from members of the public

NB public questions may only be submitted to this meeting if they relate directly to the Arvin Meritor planning application and must be notified to the Chief Executive by 2.00pm on Thursday 7 July 2011

6. Planning application – Arvin Meritor, Grange Road, Cwmbran - application number 11/P/00101 Proposed mixed use development comprising: Retail food store: Petrol filling station: Freestanding retail units: Footbridge: Hotel: Public House/Restaurant: Offices: Refurbishment & extension of existing industrial unit: & associated car park.

1 - 161 Chief Officer, Planning and Public Protection

To consider and decide the above outline planning application. NB statements from objectors and the applicant/his agent will be considered during this agenda item. If any objectors wish to speak at the meeting, they must apply (to Ros Gwynn on 01495 766057) in line with the deadlines previously notified to objectors (i.e. by 2.00pm on Friday 8 July 2011).

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DATE OF COMMITTEE: 12-Jul-2011

APPLICATION NO: 11/P/00101 RECEIVED: 2-Mar-2011

PROPOSAL: Proposed mixed use development comprising: Retail food store: Petrol filling station: Freestanding retail units: Footbridge: Hotel: Public House/Restaurant: Offices: Refurbishment & extension of existing industrial unit: & associated car park.

LOCATION: Arvin Meritor, Grange Road, Cwmbran

APPLICATION TYPE: Full Planning

APPLICANT: Arvin Meritor Heavy Braking Systems Ltd & Opt c/o Peacock & Smith Ltd

REPORT

1. BACKGROUND 1.1 Cwmbran has been the main focus for growth in the County Borough since its

new town designation. The Town Centre has developed and grown in parallel and now enjoys the status of a sub-regional centre. The Town Centre has been successful in retaining local shopper loyalty and attracting visitors from further afield. Typical of new town shopping centres, Cwmbran is fully pedestrianised and surrounded by a ring of busy roads. Pressure to expand Cwmbran’s retail offer in the 80’s and 90’s led to development beyond the Town Centre boundary.

1.2 In February 2005, the Council published an Options Paper (‘The Future

Development of Cwmbran Town Centre: Policy Options Paper January 2005’) which was issued for consultation and outlined a number of options for the future development of Cwmbran Town Centre.

1.3 The result of this consultation led to the preparation of a document entitled

‘Cwmbran Town Centre: Consultation Report” (Gardiner and Theobold, 2006) which was reported to a meeting of the Council’s Cabinet on 30 March 2006. Cabinet decided, at this meeting, that officers be authorised to prepare a pre-deposit Local Development Plan Cwmbran Town Centre Plan document based on the principles set out in the Cabinet Report.

1.4 In November 2007, the Council published the Cwmbran Town Centre

Consultation Draft Plan (CTC). This plan was the subject of public consultation and provided useful feedback to the build up of the evidence base for the preparation of the LDP, although it was never adopted as Council Policy.

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1.5 1In parallel to this in 2007 GVA Grimley were commissioned to undertake a retail and leisure study as part of the evidence base for the LDP. Their study, published in 2007, informed the content of CTC.

1.6 GVA’s 2007 shopping floorspace projections, in relation to Cwmbran, identified a

need for the provision of both additional convenience (food) and comparison (durable) floorspace over the period of the LDP. The 2007 study was updated by GVA in 2011, its findings will be considered in greater detail later in this report.

1.7 It became apparent following consultation on the CTC, that landowners of the

eastern side of Cwmbran were considering potential opportunities for redevelopment. This related to the eastern side of the town centre itself (owners Prudential Property Investment Managers Ltd.) and the Eastern Strip (South) land owned variously by the Council, Welsh Assembly Government, ArvinMeritor, Alfa Laval and Carillion. Attempts were made by officers to bring these owners together to investigate the potential of jointly identifying an approach to the comprehensive redevelopment of the Town Centre (east) and the Eastern Strip that would promote a scheme that would integrate closely with and enhance the position of Cwmbran Town Centre. Unfortunately it was not possible to establish a joint approach.

1.8 Prudential Property Investment Management Ltd.(Prupim) commissioned

Haskoll(Architects and Designers) to assess the capacity of the town centre to accommodate Cwmbran’s retail needs. This culminated in June 2009 with a public exhibition illustrating broad options for the future development of Cwmbran Town Centre. The proposals considered that opportunities were present on the eastern side of the town centre for redeveloping and increasing retail capacity at this location. During this time officers of the Council were involved in discussions with Prupim and their representatives regarding this identified potential. This culminated in the Council providing detailed comments on the scheme advanced at that time, in November 2009. Furthermore, on 8 January 2010 the Chief Planning Officer wrote to Prupim, stating the Council were giving strong consideration to the potential of an employment led mixed use scheme including a foodstore on the Eastern Strip. Since then detailed discussion regarding the redevelopment of the eastern side of Cwmbran Town Centre have not taken place with Prupim.

1.9 As part of their submission in respect of the Deposit Local Development Plan

(LDP), Prupim have submitted their current Masterplan Proposal. This proposal largely focuses upon the opportunities that exist on the eastern side of the town centre and states that the town centre could accommodate 24.000 sq.m2

net of additional comparison floorspace as well as up to 3,000 sq.m2 of additional convenience. The current plan has not been subject of recent discussions with officers of the Council. Furthermore, the plans are broadly based with inadequate detail to enable substantive comments to be made. As indicated

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earlier detailed negotiations regarding the Masterplan for the Town Centre between the Council and Prupim have not taken place since January 2010.

1.10 The CTC identified the Eastern Strip as suitable for a commercial/employment

led mixed use development. Officers have negotiated with owners of the Strip on this basis. The site, since its development before the War, has provided employment and in largest part continues to do so. Its location close to the Town Centre with the attendant transport facilities (bus and railway station) provides a prime location for predominantly employment led scheme with appropriate other uses that would enhance the nearby Town Centre. A strong concern expressed by landowners was that an employment based scheme would not give rise to sufficient land values for a project to be viable.

1.11 In the light of this in September 2008 the Council along with Welsh Government

(WG) commissioned (CB Richard Ellis) to undertake a commercial appraisal of the Eastern Strip. It became apparent during the preparation of this study that land comprising the Eastern strip was, due to the various uses that had taken place upon it over the last 70 – 80 years, contaminated. Any study to assess commercial viability would need to be informed by detailed investigation of this problem. Furthermore, the site lay within a flood zone and work to ascertain the effect this would have was required. At this stage Council officers reapproached landowners to ascertain whether there was an opportunity for the various owners to work together to fund the necessary investigations. ArvinMeritor decided to undertake this work in respect of their land holding (other owners did not) and have over the past two years, carried out an extensive assessment of the contamination, potential remediation and flood risk. The results of these investigations became available towards the end of last year and have informed the Environmental Assessment of the site submitted with this planning application. They have also been made available to CBRE and enabled the completion of their commercial appraisal which was published in February 2011. At this stage their study was limited to the ArvinMeritor part of the site since detailed contamination evidence was not available for the other parts of the site.

1.12 CBRE’s report concluded that in order to develop the site for employment led

uses, some cross subsidy is required from higher value land uses in order to act as an economic driver and create a positive land value and thus allow the development proposals to be self funding.

1.13 CBRE identified that the inclusion of a foodstore on any development proposal

that comes forward would allow a substantial land value to be realised by providing leverage to cross-fund the provision of other development uses (e.g. employment generating uses) across the site as part of its comprehensive regeneration i.e. the receipts for the development of the foodstore are re-invested to bring forward the development and remediation of the rest of the site.

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1.14 Furthermore, in 2011, GVA provided a further update to their 2007 report (see above) which included consideration of the following:

current empirical data on population and expenditure growth and its influence

on quantitative need for additional retail sales floorspace in Cwmbran and Pontypool; and

the availability and suitability of any sites within and around Cwmbran town centre to potentially accommodate additional retail floorspace.

1.15 In terms of convenience goods capacity in Cwmbran the study identified that at

2010 there will be some £25.0 m of surplus convenience goods expenditure which is available to support new convenience sales floorspace. Moving forwards to 2016 and 2021 the level of surplus convenience expenditure will rise to £26.8 m at 2016 and to £31.1 m in 2021.

1.16 The study states that in order to convert these surplus expenditure levels into

floorspace equivalents, a suitable sales density must be adopted. As a guide, GVA have applied the appropriate sales densities for Tesco, Sainsbury’s, Morrisons and Asda to the level of surplus expenditure at 2010, 2016 and 2021 and the results are summarised below.

Retail Capacity in Cwmbran Operator 2010 Sales

Density (£/sq m)

2010 (sq m net)

2016 (sq m net)

2021 (sq m net)

Sainsburys £10,440/sq m 2390 2538 2925 Tesco £12,842/sq m 1943 2063 2378 Morrisons £10,684/sq m 2335 2480 2858 Asda £14,352/sq m 1738 1846 2127 1.17 As the table above indicates the capacity for additional convenience goods

floorspace in Cwmbran ranges (dependent on the operator) from 1738 sq m to 2390 sq m in 2010, rising to between 2127 sq m and 2925 sq m in 2021.

1.18 It should be noted that capacity figures based on the Morrisons company

average performance levels (the operator named in the planning application) would mean the capacity range would be 2,335 sq m at 2010, rising to 2,858 sq m net by 2021.

1.19 Turning to the assessment of comparison goods floorspace capacity in

Cwmbran, GVA figures, indicate that there is currently some £70.5m of surplus comparison goods expenditure, which will rise to £97.2m by 2016 and £158.3m by 2021. If an indicative sales density of £6,500/sq m at 2010 is adopted (and which increases in line with the floorspace efficiency gains for existing comparison floorspace), then these levels of surplus expenditure are equivalent

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to 10,854 sq m net at 2010, rising to 13,679 sq m net at 2016 and 20,678 sq m net at 2021. There is therefore, capacity for a significant increase in the comparison retail capacity of Cwmbran Town Centre.

1.20 In terms of any foodstore on the Eastern Strip GVA recommended that in order

for the development to become sequential more preferable, the site should be contiguous to the Town Centre boundary i.e. the site should include land between Grange Road and St Davids Road. GVA also emphasised the importance of providing more direct links to the Town Centre as part of any development proposal.

1.21 1As part of the background studies to support the preparation of the Deposit LDP

the Council employed DTZ to provide:

A review of property markets (national & local); Identification of future demand for employment land up to 2021.

1.22 The study, published in 2011 found that the provision of office accommodation in

Cwmbran Town Centre was poor in terms of quantity and quality of existing stock. In this context, the following factors were identified:

The Cwmbran Town Centre redevelopment proposals create an opportunity

to provide prestige office space; Cwmbran Town Centre including the Eastern Strip Centre has the potential to

emerge as a key employment location over the Plan Period, subject to the right type of space being created;

This will be driven by good accessibility to the M4 (meaning that parking must be provided for offices), the mix of uses and services in the Town Centre, continuing regeneration of the physical environment, public sector take up of space to act as a catalyst and the close proximity to public transport including the railway station. Modern office space delivered as part of a comprehensive development guided by the LDP can provide prestige employment space.

With reference to Cwmbran, DTZ concluded:

In terms of Cwmbran, planning policy increasingly places emphasis on town

centres and key settlements in terms of accommodating development and growth. It is against this background that Cwmbran Town Centre’s role as a high quality office location is progressed. Town centre offices in Cwmbran can attract some of the employment sectors that are growing and forecast to grow. This will also help to diversify the mono-use of the Town Centre, whilst additional workers in the Town Centre will help to increase the spending profile in the Town Centre.

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1.23 The work carried out above culminated in the identification of the Eastern Strip Centre (the application site) as a Strategic Action Area in the LDP (Policy SAA1). The content of this policy is fully covered in the Policy Section of this report. Furthermore, this work has informed the content of this planning application.

1.24 In the light of ArvinMeritor’s considerations regarding the future of their site, and

the detailed investigative work undertaken to date, the Council entered into discussions with the company. This led to the submission of the current application on the Arvin Meritor land. From the outset it was made clear to the developers that any proposals within the eastern strip must have regard to the following:

Comprehensive development which could include, office development, hotel

and other employment generating uses which integrate well with the Town Centre both physically and visually.

Improved accessibility and movement between the site, railway station and the Town centre

Car park to be available to the users of the town centre Potential on site contamination; and Potential flood risk

1.25 It was also made clear that any retail proposal within the Eastern Strip would

need to be fully justified. 1.26 These discussions resulted in the submission of application 11/P/00101 for the

entire ArvinMeritor site. The various elements of application 11/P/00101 are explained in the sections below.

2. PLANNING HISTORY 2.1 An application was submitted in April 2009 in relation to part of the current application site on ArvinMeritor’s northern car park for a retail foodstore, petrol filling station (PFS), associated parking, landscaping and new access from Grange Road (application no. 09/P/00181(E)). The Council have been in discussions with Morrisons and ArvinMeritor in connection with this application and expressed concern that the retail store was outside the Town Centre boundary and, on its own, was sequentially not preferable, was unrelated physically and visually to the Town Centre and did not address the requirement for comprehensive development on the eastern strip. These discussions resulted in the submission of the current revised application. It is anticipated that the previous application will be withdrawn once the current application has been determined. 2.2 The development proposed in the current application falls within Schedule 3 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 which requires the Local Planning Authority to

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adopt a screening opinion as to the need for an Environmental Statement (ES). However, following informal discussions the applicant chose voluntarily to support the application with an ES without requesting a screening opinion. 3. LOCATION AND SITE DESCRIPTION 3.1 The application site comprises the existing ArvinMeritor factory premises including service and parking areas and a landscaped strip of land owned by the Council between St Davids Road and Grange Road. 3.2 The site is bounded to the: -

north by Edlogan Way which rises from the roundabout towards the railway line i.e. east to west . On the other side of Edlogan Way is the Stagecoach in Wales Depot and Cwmbran Train Station;

east by the Welsh Marches railway line and Cwmbran Northfields playing fields;

west by St Davids Road and the eastern edge of Cwmbran Town Centre most notably Glyndwr Road Multi storey car park, Llantarnam Grange Arts Centre, the Leisure @ Cwmbran complex and Cwmbran Centre for Young People; and

south by the boundary with the industrial premises currently leased to Crane Process Flows Technologies and a cleared site adjacent to Llanfrechfa Way.

3.3 The application site covers an area of some 13. 1ha (approximately 32 acres), is approximately 200 m wide (east to west) and 645 m in length (north to south). 3.4 The current access to the site is from Grange Road which is off Edlogan Way roundabout to the north of the site and connects with the Llanfrechfa Road roundabout in the south. The access to ArvinMeritor’s northern car park is approximately 72 metres from Edlogan Way roundabout and the northern factory access (for HGV’s) is a approximately 155 metres from the Edlogan Way roundabout. The main HGV entrance is located further to the south of the site (at the southern extremity of the factory building) approximately 515 metres from the Edlogan Way and access to the southern car park approximately 645 metres from the Edlogan Way roundabout. 3.5 The site and part of the factory have been in industrial use since the 1930’s with various alterations/extensions made to the factory building up to the 1970’s with the factory remaining much the same since then. The site is known to be contaminated. The existing gross internal floorspace is approximately 46,500 sq m. This figure includes 2 floors of ancillary office floorspace. The manufacturing element of the factory is provided over 1 floor in the main body of the factory.

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3.6 The application site is relatively flat but it does slope gently from north to south. There is a level difference between the current ArvinMeritor staff northern car park on Site 1 and the ArvinMeritor factory on Site 2 of approximately 2 metres. 3.7 It should be noted that the 2 storey office block adjacent to the south of the ArvinMeritor factory on Grange Road is not included within the application boundary. 4. PROPOSED DEVELOPMENT 4.1 This is a hybrid application for outline and full planning permission and covers 3 distinct areas of development. 4.2 Site 1 is approximately 4.8 ha and comprises the ArvinMeritor northern car park along with former tennis courts and bowling green. In relation to site 1 the application is for full planning permission for the: -

Provision of a retail foodstore of 6,860 sq m gross (3,317 sq m net) (2,488 sq m net of convenience goods and 829 sq m net of comparison goods floorspace);

Associated petrol filling station; Provision of 2 units A1 (retail) and A3 (food and drink) uses totalling 279 sq

m gross; 497 space shoppers car park (including 28 disabled and 16 child and parent

spaces) and cycle parking; Provision of high level walkway across St Davids Road.

4.3 Site 2 is approximately 2.7ha and is currently occupied by the northern element of ArvinMeritor’s factory and service area. In relation to Site 2, the application is for outline planning permission for a mixed use development comprising:

Offices (approximately 4,500 sq m); 60 bed Hotel; Ancillary Bar/Restaurant (680 sq m); 225 car parking spaces; Public realm improvements.

It should be noted that the sizes of the buildings are all indicative as the application is in outline only.

4.4 Site 3 is approximately 5.6 ha and is currently occupied by the southern portion of the ArvinMeritor factory and car parking. In relation to Site 3 the application is for full planning permission for the refurbishment, part demolition and extension of the ArvinMeritor factory.

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4.5 The development on the whole site will be undertaken in a number of phases as described below: -

Phase 1: Initial works undertaken to Sites 2 and 3 to enable Site 1 to be released for development while the ArvinMeritor plant continues to operate;

Phase 2A: the construction of the new Morrisons store and A1/A3 units including all of the works within Site 1;

Phase2B: the decanting of the ArvinMeritor manufacturing operations into the northern half of the factory (Site 2 and part of Site 3) to enable the commencement of the major refurbishment/building works on Site 3 (Phases 2A and 2B will take place concurrently);

Phase 3: completion of the refurbishment/building works on the southern half of the site (Site 3) allowing the ArvinMeritor operation to move into the refurbished premises and vacate the northern half of the existing factory. This will enable Site 2 to be released for redevelopment for offices and hotel/restaurant.

Site 1 – Retail foodstore 4.6 Planning consent is sought on Site 1 for the construction of a 6,860 sq m gross (3,317 sq m net) foodstore and PFS for Morrisons. The Morrisons store would create 350 new jobs (100 full time and 250 part time posts). The proposed foodstore will be located in the south east corner of Site 1. The service yard for the store will be located to the rear of the store adjacent to the elevation facing the railway line. The two main store elevations face Edlogan Way and St Davids Road (and Cwmbran Town Centre). The main entrance is located at the corner of the store facing Edlogan Way roundabout and has been designed as a double height glazed box with weather screening at the upper level in order to create a gateway to the development visible from Edlogan Way roundabout. Access to the site will be provided from a realigned arm from the Edlogan Way roundabout. 4.7 The elevation facing Cwmbran Town Centre will also contain a secondary entrance which links to the high level walkway from the Leisure @ Cwmbran complex. The store’s restaurant is located on the ground floor of this elevation (with windows being provided) in order to provide activity along this frontage. The staff offices and staff catering facilities are located on the second floor of this elevation (with windows being provided) in order to provide activity along this frontage. The second floor also contains the mechanical plant, refrigeration plant and LV switch gear infrastructure to the rear of the store (above the food storage area) facing the railway line. 4.8 The Morrisons store would operate during the following hours: -

Monday – Friday 8AM – 10PM; Saturday – 8AM – 8PM; Sunday and Bank Holidays – 10AM – 4PM

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4.9 Morrisons state that they have designed the store to reflect the architecture of Cwmbran Town Centre. The Design, Access and Sustainability Statement submitted with the application describes in some detail how the scheme evolved and the various options which were considered in that process. The store roughly measures 75 m x 70 m (excluding the warehouse/storage area). The store will provide a customer café, toilets, kiosk and pharmacy. Staff accommodation will be provided on the first floor in the south west corner of the store facing west/Cwmbran Town Centre. 4.10 The West elevation of the store (facing Cwmbran Town Centre) will be

constructed from Municipal Smooth Grey Facing Brickwork to a height of 2.5 m, the brickwork is topped by a 500 mm strip of feature panels over the brickwork in eternity natura cladding panels in warm grey and then 6 m of 1200 mm x 600 mm kingspan benchmark ceramic granite cladding panels in Toscana T03 OP. This gives the building a total height of 9 metres on the West elevation. The brickwork element of the elevation will be broken by 14.5 metres of clear glazing for the store café (towards the south of the west elevation), a secondary entrance with 7 metres of glazing (opposite the pedestrian link) and 2 sets of fire escape doors. Morrisons signage will be displayed above the secondary store entrance on this elevation.

4.11 The store has been designed with a prominent glazed entrance on the north west

corner which will be visible from the site entrance off Edlogan Way roundabout. The glazed entrance will continue along both the west and north elevations of the store. The glazed entrance feature will be 7.6 metres high and made up of approximately 3 m of glazing, a 500 mm Synthia Pluvin Coated Steel Frame in Pine Green, 3.5 metres of clear glazed panels and another 500 mm Synthia Pluvin Coated Steel Frame in Pine Green. The lower proportion of the glazed entrance will extend 11.5 metres along both the west and north elevation while the higher proportion of the glazed entrance will extend 24.5 metres along both elevations in question and will be supported by 2 supporting pillar as part of the steel frame. Morrisons signage will be displayed on the west and north elevations of the glazed entrance.

4.12 The south elevation of the store (facing Site 2) for 20.5 metres (from west to east)

will be clad in Municipal Smooth Grey Facing Brickwork to a height of 2.5 m, the brickwork is topped by a 500 mm strip of feature panels over the brickwork in eternity natura cladding panels in warm grey and then 6 m of 1200 mm x 600 mm kingspan benchmark ceramic granite cladding panels in Toscana T03 OP. This gives the building a total height of 9 metres on the south elevation. The remaining 76 metres of the south elevation will be clad in Kingsapn Optimo Composite Cladding Panels in White Prisma to a height of 7 metres. There will be 3 sets of fire escape doors on this elevation.

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4.13 The east elevation (facing the railway line) will be clad in Kingspan Optimo Composite Cladding Panels in White Prisma to a height of 9 metres. 4.14 The proposals for Site 1 also include the provision of a PFS. The PFS will be

sited in the north of Site 1 adjacent to the application site boundary with Edlogan Way. The PFS will be accessed from the internal site roundabout off the Site 1 entrance road. Vehicular access to the PFS can only be made from the internal site roundabout. Vehicles will exit the PFS in the north-east of the site adjacent to the recycling point and the site boundary with the Marches railway line.

4.15 The PFS will provide 6 double pumps, a car wash, car vacuum and air facilities

and jet washing provision. The kiosk building is approximately 8 metres wide and approximately 11 metres in length. The kiosk will provide a customer pay zone and shop, cashier area, staff office, kitchen and toilet facilities. Staff car parking will be provided to the rear of the kiosk building.

4.16 The kiosk building will be 3.5 metres high and will be constructed in brick (no

details of colour provided) on the east, south and east elevations. On the west elevation the kiosk will have a glass frontage with Morrisons signage above. An external shutter will also provided to the extent of the glass frontage on this elevation. The PFS will also include a canopy over the 6 double pumps. The canopy will rise to a height of 5 metres above ground level and will include Morrisons signage.

4.17 The car wash will have a glass elevation on the north and south elevations to a height of 4 metres. 4.18 Planning consent is also sought on Site 1 for the construction of two A1 (retail)

and A3 (food and drink) units. The proposed units will be located next to the southern boundary of Site 1. The proposed units are being provided in order to attract people and improve the links between the store and Cwmbran Town Centre via the completed high level walkway to the Leisure @ Cwmbran complex. These units will provide surveillance of the proposed link from the secondary store entrance to the high level walkway and active predominately glazed frontages. The tree lined avenue along the pedestrian route from the bridge link to the secondary store entrance will provide a strong west/east axis from the store alongside the Leisure @ Cwmbran complex culminating in the bus station. The units have been designed to reflect this role through the use of glass in all the elevations with the kitchen and servicing areas provided centrally between the two units. Access is provided to the units on the north and south elevations i.e. facing the link between the store and Cwmbran Town Centre and future development on Site 2 and the proposed public square. The units will be

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constructed to shell as part of the development ready for them to be marketed to users.

4.19 The two A1/A3 units will be 22.8 metres by 12.8 metres and will be topped by a

canopy measuring 26.5 metres by 21.5 metres. The units will be 4.5 metres high including the canopy with the central space between the two units being 6.5 metres high. The plant equipment associated with the units will be screened at roof level above the central space.

4.20 The development on Site 1 includes the construction of a high level walkway from

the proposed foodstore to the Leisure @ Cwmbran complex within Cwmbran Town Centre. The walkway currently stops adjacent to St Davids Road and the Leisure @ Cwmbran complex. At this location the walkway is 13 metres wide with public rights of access over a 6 metre width. The proposed high level walkway will connect the walkway adjacent to the Leisure @ Cwmbran complex with the wider network of footpaths leading to the railway station and Site 2. The high level walkway will be 6 metres wide where it connects to the existing walkway and will be 4 meters wide on Site 1 where it connects to a covered landing point. From the landing point pedestrians will be able to access Site 1 through the use of a glass lift capable of accommodating up to 8 people or a 4 metre wide staircase with a central balustrade. The staircase will be designed to tie in with at grade links to both the retail store and Cwmbran Railway Station. The high level walkway will be 4.5 metres above St Davids Road.

4.21 The Council has negotiated with the applicant for the car parking to be provided

as part of the retail foodstore to be available free of charge to all shoppers in order to facilitate linked trips between the store and the Town Centre. The car park will be available to shoppers and Town Centre users for a maximum of 3 hours and with no restrictions between 7pm Monday to Saturday (until the store re-opens the next day) and from 4pm on Sunday (until the store re-opens the next day). This will be secured in a Section 106 Agreement.

4.22 The proposals for Site 1 and Site 2 also include proposals for improvements to

the public realm and landscaping. These proposals are part of the package of measures required in order to improve the integration of the application site with Cwmbran Town Centre and the railway station.

4.23 The landscaped area between Grange Road and St Davids Road in its current

form does not allow integration with the Town Centre and acts as a visual barrier to integration. In order to address the lack of integration this current application incorporates the landscaped area between Grange Road and St Davids Road.

4.24 The inclusion of this parcel of land (and the closure of Grange Road) has enabled

a public realm/landscaping scheme to be included as part of the application. The landscaping proposals will involve the removal of all low level vegetation, the removal of a number of trees and the lifting of the crowns of the remaining trees.

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The removal of some of the trees from the parcel of land will improve the visibility of the Town Centre from the application site and will enable the bridge link landing point, lift and stairs to be provided and connected into the footpath network.

4.25 The public realm improvements include the following elements: -

The use of slate like flag paving to identify the pedestrian route from the bottom of the steps from the high level walkway to the secondary store entrance;

The use of the same slate like flag paving along the east elevation of the store (from the secondary entrance) to the main store entrance;

The planting of a number of native ornamental cultivars along the pedestrian route to the secondary entrance;

The planting of a number of native ornamental cultivars between the two A1/A3 units and the east elevation of the store;

The use of lavaro concrete block paving in zwart and grijs colours as part of the public open space between the edge of the car park and Site 2 (in which the two A1/A3 units will be located);

The trees which will remain in the parcel of land between Grange Road and St Davids Road will be framed through the use of lavaro block paving in grijs colour which will provide a pedestrian route from the bottom of the steps from the high level walkway through the parcel of land towards the realigned store entrance road and then continue towards Edlogan Way and the train station; and

In addition a new pedestrian crossing will be provided over Edlogan Way in order to further improve the linkages to the railway station; and

The existing at grade pedestrian crossing over St Davids Road will be improved.

Site 2 – Mixed commercial use 4.26 Outline planning consent is sought on Site 2, following the demolition of the

existing element of the factory building on this site, for the development of a 60 bedroom hotel (with associated 680 sq m gross pub/restaurant), 4,500 sq m of office development in two office blocks along with associated car parking. The outline application determines the types of uses to be accommodated on Site 2 but the sizes and layout are indicative only.

4.27 The indicative drawings show that 2 office blocks will be located in the east and

centre of the site with the hotel located to the west and designed to accommodate the level change between Grange Road and the site. Site 2 will also provide a new public square which will be overseen and enlivened by the surrounding uses. The public square will be located in the north-west area of Site 2 adjacent to the two A1/A3 units on Site 1.

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4.28 The car parking is shown in two blocks; the first block will run east to west along the new internal site access road and the boundary with Site 3. The second block of car parking will be located in the centre of the site between the two office blocks. 4.29 Site 2 will be accessed from a new access road from St Davids Road through the landscaped strip of land between St Davids Road and the current line of Grange Road which will be stopped up adjacent to Site 2. The new access road will only serve Site 2. 4.30 The future reserved matters application for the development of Site 2 will be preceded by a development brief to provide a framework and design principles for the layout, public square and crossing points, It is anticipated that the site could be developed to create employment opportunities for 270 people. Site 3 – Refurbishment of existing factory 4.31 Planning consent is sought on Site 3 for the part demolition of the existing ArvinMeritor factory and the construction of additional elements of new floorspace adjoining the existing factory. 4.32 As the ArvinMeritor site has been in industrial use since the 1930’s and due to historic processes undertaken at the site it is heavily contaminated. 4.33 ArvinMeritor have been investigating the future of their business on the

application site and following the conclusion of the investigation the company have identified that as part of application 11/P/00101 that they have decided to remain on site and invest in the factory in order to create a modern manufacturing facility and provide a new technical centre albeit on a smaller footprint. This will enable ArvinMeritor to remediate the historic contamination on site while remaining in-situ. As part of the proposal to invest in the factory the company will dispose of the northern car park site to Morrisons for the provision of a foodstore (as part of a proposal for the comprehensive regeneration of the whole ArvinMeritor site) will act as an economic driver and the land receipts from the sale will be used to remediate the historic contamination present on site will be used by ArvinMeritor to re-invest in the factory. This will retain 400 jobs at the factory and will enable the creation of an additional 150 jobs at the factory.

4.34 Currently the ArvinMeritor factory (Site 2 and 3) has a gross floor area of 46,500 sq m, 19,600 sq m of which will be demolished as part of the development. Therefore, the refurbished factory will provide total floorspace of 26,900 sq m gross comprising of 23,900 sq m gross of industrial floorspace and 2 floors of office floorspace totalling 3,000 sq m gross. 4.35 The existing ArvinMeritor office building will be refurbished through recladding to improve the visual appearance of the building as well as improving the buildings

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thermal and energy performance and the repositioning of mechanical plant to a roof mounted location. 4.36 The existing ArvinMeritor factory and the new extensions will use a high quality flat cladding panel system in white with a strong horizontal emphasis in order to unify the elevation treatment and to create a modern manufacturing facility. 4.37 The west elevation of the factory facing Grange Road includes the 2 storey office

block and the manufacturing facility. The total frontage of the west elevation is approximately 190 metres and the office element of the elevations is approximately 122.5 metres in length. The height of the building varies from 5 metres to approximately 10 metres on the 2 storey office block. The manufacturing element of the building will be clad in Kingspan Optimo Composite Cladding Panels in white giving the factory a modern look. The existing 2 storey office block will be re-clad in Kingspan KS 600 WV Wave profile Cladding panels in sliver. The office block will also have windows at ground and first floor levels. In addition the office block will also be fitted with projecting proprietary bris soles to provide solar shading and will be fitted above the windows on both floors.

4.38 The north elevation of the factory will face Site 2. The total frontage length of the north elevation is 135 metres. The height of the building on this elevation is 10 metres. The elevation of the building will be clad in Kingspan Optimo Composite Cladding Panels in white. 4.39 The east elevation of the factory will face the Marches railway line and the

Northfields playing fields. The total frontage length is 175 metres and the height of the building varies from 7.5 metres to 12.5 metres. Again this elevation will be clad in Kingspan Optimo Composite Cladding Panels in white.

4.40 The south elevation will face the neighbouring Crane Process Flows

Technologies manufacturing site. The total frontage length of the elevation is 150 metres. The height of the building on this elevation is 11 metres. Again this elevation will be clad in Kingspan Optimo Composite Cladding Panels in white. This elevation will also display the company branding.

4.41 The refurbished ArvinMeritor factory will be accessed from Grange Road

(following the implementation of the Stopping Up Order for the northern element of Grange Road which will prevent any vehicles access to the proposed foodstore (Site 1) and the proposed mixed use development (Site 2). Grange Road will be realigned to allow HGV’s only to access the north of the refurbished factory and the loading bays (for dropping off loads). The HGV’s will then travel along a new internal access road between the factory and the Marches railway line to the south of the factory where loading bays (for picking up loads) will also

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be located. The HGV’s will then exit Site 3 from a remodelled access point onto Grange Road adjacent to the southern site boundary. ArvinMeritor’s staff (and visitors) will access the car park from Grange Road through a remodelled access between the south of the factory building and the existing office block on Grange Road, which is outside the application boundary.

4.42 The new southern ArvinMeritor (Site 3) staff car park (which will replace the car

parking lost as part of the development of Site 1) will provide 330 car parking spaces which includes 17 disabled spaces. Provision will also be made for 16 motorcycle spaces and 24 cycle spaces.

4.43 As described in the description of Site 2 as part of the refurbishment of the factory it will mean that part of the existing factory and site will become surplus to ArvinMeritor’s requirements (Site 2). The application will cover in outline the redevelopment of this 2.7 Ha parcel of land for the provision of employment generating uses i.e. the provision of B1 office buildings and a hotel with associated pub/restaurant. Summary 4.44 In summary, the proposed development will deliver the following:

Remediation of ground contamination on the ArvinMeritor site; Provision of the necessary flood alleviation measure; Completion of the high level walkway across St Davids Roads; Provision of car parking for Town Centre users; Redevelopment of the existing ArvinMeritor factory as a modern

manufacturing facility and associated technical centre; and The creation of a 2.7 Ha parcel of land capable of development for B1 uses

and a hotel with associated pub/restaurant. 4.45 The comprehensive development of the application site as described above could provide employment opportunities for around 1170 people including existing employees. Submitted Supporting Documentation 4.46 A number of documents were submitted by the applicant in support of application 11/P/00101. These documents included: -

Revised Planning Statement; Retail Statement; Design, Access and Sustainability Statement;

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Cwmbran Masterplan A3 Unit BREEAM Retail 2008 Initial Assessment Report;

Cwmbran Masterplan Offices Unit BREEAM Offices 2008 Initial Assessment Report;

Cwmbran Masterplan Hotel Unit BREEAM Other Buildings 2008 Initial Assessment Report;

Environmental Statement; and Archaeological Evaluation.

A summary of each of these documents is included below: - Revised Planning Statement June 2011 by Peacock and Smith (Scheme Delivery) 4.47 The submission of this application has arisen out of the coming together of a number of factors which are set out below:

The Council’s desire for the more effective use of the land within the Eastern Strip and for its integration more closely with the Town Centre and the railway station;

The current under-utilisation of the ArvinMeritor site; ArvinMeritor’s intention to evaluate its future in Cwmbran and to assess the

most appropriate location to meet the future needs of the business. Several alternatives have been considered including re-investment in the existing plant/site, relocation to another site in the UK and relocation to another site in Europe but it has been decided to invest in the Cwmbran site;

The need to remediate part of the ArvinMeritor site, which is partly contaminated, in order to allow for its redevelopment and the need for a viable form of development that meets the high decontamination costs;

The Council’s, proposal to allocate part of the ArvinMeritor site for a foodstore in its draft LDP, but only as part of a comprehensive employment led redevelopment that secures the regeneration of the wider site and improves links to the Town Centre and to the railway station; and

Morrisons wishes to be represented in Cwmbran and has committed to developing a new store at this location.

4.48 Meritor is a manufacturer of braking products for commercial vehicles worldwide.

Following a strategic review of its affairs, the company has decided that subject to securing funds for new investment and site remediation it would like to remain on this site. A change to the company’s operation allows it to consolidate its activities in a smaller area and release the remainder of the site for alternative

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uses. In order to raise the investment necessary it was considered that a large foodstore was the only anchor land user that would allow a deliverable and economically viable scheme for the whole of ArvinMeritor’s site.

4.49 In terms of delivering the Council’s aspirations for the site, the issues for concern relate to ensuring that:

There is a comprehensive approach to the regeneration of the site; There are strong linkages with the Town Centre in design, visual and physical

terms including the provision of a high level walkway; Parking provision is made for Town Centre users; The existing Meritor business is maintained and improved on site or, if not,

the site is at least made available and viable for redevelopment for commercial and employment purposes;

Contamination on the site is remediated; Potential flooding issues are addressed; and Increase in traffic flows are dealt with.

4.50 The above is to be achieved by a phased approach which is set out in the document and reproduced below: Phase 1 4.51 The first phase of the development to be undertaken by ArvinMeritor is aimed at

enabling the release of Site 1 for the development of the foodstore in Phase 2A, commencing the remediation of Site 3, and the preparation of the Site 3 for new investment. It includes, inter alia, the following:

Provision of a new car park for ArvinMeritor at the southern end of Site 3. Alteration of HGV circulation within Site 3, with the current main access used

so that the existing main entrance to the site is used; Commencement of the construction of the Testing Facility on Site 3; Ordering and taking delivery of noise and vibration dynameter for testing and

product development on Site 3; Decanting the manufacturing processes into the northern part of the building

on Site 3; and Initial remediation work on Site 3.

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Phase 2A 4.52 Phase 2A relates to work on Site 1 and would include the following elements of work:

Construction of the new Morrisons store, car park, servicing area and petrol filling station;

The closure of the northernmost section of Grange Road and the installation of new footpaths and a turning head for the severed point of Grange Road;

Construction of the new high level walkway, including at lift (8 person capacity). This will connect to the existing high level link adjacent to Leisure @ Cwmbran and will provide a high quality linkage to the Town Centre. The bridge link will be constructed and maintained in the future by Morrisons. It will include a lift and be DDA compliant;

Construction of two new A1/A3 units along the pedestrian link between the bridge and new Morrisons store to enhance the continuity/attraction of the linkage;

Construction of a new pedestrian crossing on Edlogan Way providing improved linkage from the site to the railway station, but also, with new footways, improved pedestrian linkage between the railway station and the Town Centre.

The completion of the off-site road works described in the Transport Assessment and shown in the application proposals; and

The new Morrisons car park will be made available to visitors to the town centre for a period of 3 hours during the day and for longer periods during the evening. This will be covered by a Car Park Management Plan.

4.53 All of the above works will be required to be completed before the Morrisons store opens. Control will be by way of the S106 Agreement, Highways Agreement and planning conditions. Phase 2B 4.54 Phase 2B relates to work undertaken by ArvinMeritor on Site 3 and would be

undertaken broadly in parallel with Phase 2A. It is in effect a continuation of the works commenced in Phase 1, involving the completion of the decanting of the operations in the northern buildings, thereby enabling the southern buildings to be refurbished. Once refurbishment of those buildings is complete the new manufacturing equipment will be moved into the southern buildings and further investment will take place to enable the long term manufacturing plant to be

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established. The new one-way HGV servicing access will be introduced with vehicles entering at the new northern access and exiting at the southernmost point of the site. The precise timing of works will be dependent on operational considerations.

Phase 3 4.55 Once Phase 2B is completed Site 2 will be vacated and cleared so that it can be

released for redevelopment in accordance with the Planning Permission. The site will be sold by ArvinMeritor to a developer or occupier. The precise timing of development on Site 2 will clearly be dependent on market conditions at the time the site becomes available for development.

4.56 A S106 clause will provide a positive obligation on ArvinMeritor to clear Site 2 and make it available for development within 24 months of the occupation of the foodstore. 4.57 The ensured delivery of reinvestment and the comprehensive redevelopment of

the site are covered in the S10 agreement but it is appropriate to outline the broad principles below. Meritor propose to reinvest in new manufacturing equipment and testing facilities on Site 3 but the Council has required the Agreement to cover the position if Meritor did decide to leave the site. The terms are therefore worked on the basis of the intended ‘Stay’ scenario and the alternative ‘Leave’ scenario outline below:

(A) New investment in manufacturing plant & machinery and remediation works

‘Stay’ Scenario

Meritor will deposit a sum of money with the Council to be drawn down by Meritor in stages only on completion of:

agreed remediation works purchase, installation and operation of new manufacturing and testing

facilities at the plant and

(B) Additional Remediation Works ‘Leave’ Scenario Meritor will deposit a sum of money with the Council to be reimbursed in stages against the costs of site remediation of site 3 to a standard suitable for commercial redevelopment.

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The exact sum of money referred to above will be agreed with the Council’s Automotive Consultant and Contamination Consultant. The application, with the support of the S106 legal agreement, ensure the delivery of all the requirements set out in Policy SSA1 and the supporting text. A summary of the Heads of Terms for the Planning Obligation (Section 106 Agreement) is included as appendix XXXX. Retail Statement March 2011 prepared by Peacock and Smith 4.58 This Statement has been provided in respect of the proposed retail foodstore (Morrisons) and covers retail need for the new foodstore, sequential approach and the impact on the Town Centre. Retail need 4.59 With reference to the GVA Grimley study on the assessment of need (2010), the Report states that the level of surplus expenditure in terms of convenience goods floorspace i.e. £26.8m by 2015 growing to £31.1m by 2021 is broadly equivalent to the turnover of a typical large store operated by one of the major national superstores. This indicates that there is capacity for a new foodstore in Cwmbran. The study suggests that the capacity for new convenience retail floorspace in Cwmbran is between 1,943 sq. m and 2,335 sq. m rising to between 2,378 sq. m net and 2,858 sq. m net by 2021. 4.60 The Retail Statement accepts that the recent consent for the Sainsburys store

will absorb some of the available capacity, but considers there is still significant convenience capacity identified. However, it should be noted that the Sainsburys’s extension has been included by GVA in the retail capacity identified in the Torfaen Retail Update 2011.

4.61 Turning to capacity for comparison goods floorspace, the GVA study concluded

that in 2011, there would be surplus expenditure of £70.5m rising to £97.2m by 2016 and £158.3m by 2021. The study estimates that by 2021, the Town Centre could support some 20,678 sq. m of new comparison goods retail floorspace.

4.62 The agents for this planning application have also carried out their own

assessment of need and have identified a theoretical capacity of £24.4 m at 2013 rising to £25.84 m at 2016 after taking into account the unimplemented consent for an extension to the Sainsburys store. This, they say, could support the

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development of additional convenience goods floorspace. The capacity identified above results from overtrading of the two main foodstores in Cwmbran – Sainsburys and Asda.

4.63 The Morrisons store would have an expected convenience goods turnover of

£33.04m at 2016, of which 75% would be drawn from the primary catchment area i.e. £24.78m. This is within the identified convenience goods expenditure capacity figure identified at 2016 (£25.84m).

4.64 In conclusion, a new foodstore in Cwmbran would help to reduce the overtrading

of the two main foodstores in the Town Centre and would improve the choice and competition of foodstore retailers in the Town Centre.

4.65 It should be noted that the Council will be using the retail capacity figures

identified by GVA in the Torfaen Retail Update Study in the determination of this planning application.

Sequential approach 4.66 Planning Policy Wales (PPW) states that developers should be able to

demonstrate that all potential town centre options, then edge of centre options have been thoroughly assessed using the sequential approach before out of town sites are considered for key town centre uses. The approach requires flexibility and realism from local planning authorities, developers and retailers.

4.67 The agent considers that the application site is edge of centre being just 100m

from the town centre boundary and 260m from the nearest defined shopping frontage. The site is identified in the Deposit LDP as a suitable location for a foodstore, as part of a comprehensive scheme within the eastern strip which brings significant regeneration benefits. No other site in and around the Town Centre has been identified as bringing such strong regeneration benefits. Notwithstanding this, the developers have considered whether there are any sequentially preferable sites or areas within the Town Centre that could accommodate a large superstore and the proposed A1/A3 units.

4.68 The agent looked at 5 sites and assessed them as follows:

North east corner of Town Centre – Site would not be available within a reasonable period because it already accommodates a number of uses which

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would have to be relocated. In addition it is considerably smaller than that required by Morrisons.

South east corner of Town Centre - Site would not be available within a reasonable period because it already accommodates a number of uses which would have to be relocated. In addition it is considerably smaller than that required by Morrisons. Moreover, site would be better suited to accommodate

Homebase, Tudor Road (edge of centre) – Site currently trades as a DIY outlet and the agent is unaware of any intentions by Homebase to relocate elsewhere.

Former Alfa Laval Premises (out of centre) – This site is approximately 260m from the Primary Shopping frontage of the Town Centre which is further away than the application site and not, therefore, sequentially preferable.

Vacant units within Town Centre – In January 2011 there were 5 vacant units that could have accommodated the proposed A1/A3 units. However, the purpose of these units is to link the proposed foodstore with the Town Centre and create connectivity between the two.

4.69 The agent considers there are no alternative sites in Cwmbran that are available,

suitable and viable for a large Superstore. Also, none of the sites identified have such strong regeneration benefits as the application site.

Impact on Town centre 4.70 As explained above the two main stores in Cwmbran – Sainsburys and Asda -

are overtrading. The impact of a new Morrisons store would be to reduce this overtrading to a level more in line with their benchmark turnovers, even with the Sainsburys extension, and would not, therefore, affect the viability of either store. The forecast level of impact on other foodstores does not appear to give concerns about continued viability.

4.71 The new Morrisons foodstore would assist in attracting new shoppers to the

wider benefit of the Town Centre. I4.72 In terms of comparison goods the Morrisons store would be restricted to a small

range which customers would make as an ‘impulse’ purchase as part of their food shopping. Any impact on existing comparison goods retailers would be very limited.

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4.73 The agent has carried out a ‘healthcheck’ assessment on the Town Centre and

concluded that it is vital and viable with a low vacancy rate and good mix and range of retailers. The Town Centre would not be vulnerable to a new Morrisons store.

4.74 In summary the report states the following:

The proposed foodstore is located immediately to the north east of the Town Centre and has good pedestrian links to the bus station and main shopping area of the Town Centre, a walking distance of approximately 260 metres. These links will be strengthened by the provision of a footbridge from the site to the Town Centre alongside the Vue Cinema complex.

The new store will be a modern high quality foodstore with a total sales area of 3,317 sq. m net and therefore capable of competing with the existing Asda and Sainsbury’s stores.

The car park will operate as a short stay facility for shoppers with no charges to encourage shoppers to make combined trips to both the store and the Town Centre.

The Morrisons Store will create 350 new jobs: 100 full time and 250 part-time. 4.75 Having assessed the proposal against the Development Plan and other policy

guidance, the report’s conclusions are as follows:

There is a recognised need for a foodstore of the size and scale proposed in both quantitative and qualitative terms. This is due to forecast expenditure and population growth, the Town’s two largest foodstores significantly overtrading and a need to increase choice and competition.

There are no alternative available, suitable and viable sites within the Town Centre that could accommodate a store of the size and scale proposed along with the delivery of regeneration benefits in the form of job creation, improved links to the railway station, strengthen the sub regional role of Cwmbran, securing the future of Arvin Meritor and facilitating a new office and hotel development.

The proposed stand alone A1/A3 units have been designed to encourage links between the new Store and the Town Centre.

The impact of the new Store would not be harmful to the Town Centre and could increase the footfall in the in the north east corner and may help to attract new shoppers.

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The proposed Store would be accessible by a choice of transport modes and links would be improved between the train station, bus station and Town centre.

The Foodstore proposal is part of a wider scheme which seeks to meet the Councils aspirations for the redevelopment of the eastern strip.

The weight to be given to the LDP is increased by the fact that it is supported by a significant evidence base.

Design, Access and Sustainability Statement February 2011 prepared by DLA Design and Architecture 4.76 The Design, Access and Sustainability Statement (DASS), accompanies

proposals for the ArvinMeritor site off Grange Road, Cwmbran together with land owned by the Local Authority. The purpose of the DASS is to describe the evolving design process and key design and development principles leading to a preferred scheme for the application site. The DASS was produced in accordance with national guidance on good quality, sustainable design and preparing Design and Access Statements.

4.77 The key issues considered as part of the preparation of the DASS included: -

The location of the foodstore (PFS) in order to create a high quality gateway to the Town Centre;

Developing an appropriate mix of uses; Creation of strong pedestrian links to the Town Centre and railway station; Developing servicing arrangements that would conflict with pedestrian routes

and active frontages; Maintenance of vehicular traffic along St Davids Road (whilst also creating

public spaces); Maintenance of statutory services along Grange Road; Method of dealing with on site flood attenuation; A remediation strategy to deal with contamination; and Appropriate ecological and arboricultural strategies.

Content of the DASS 4.78 The DASS covers the following elements: development of the proposals, the

context of the site (including the history of the development of Cwmbran as a New Town), the history of the site, surrounding land uses, description of the application site, site constraints, local character form and materials, land use,

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movement patterns, landscape, review of other supporting documentation submitted as part of the application.

Environmental Credentials 4.79 This section of the DASS sets out the strategy for minimising energy

consumption and carbon emissions for the proposed development. 4.80 Key design principles to be considered in future developments, include the need

for proposals to consider maximising energy efficiency in the built form, orientation, layout, construction, materials and landscaping strategy selected for the application site.

The Design 4.81 The site layout has been developed through discussions with Local Authority

Officers to establish the mix of uses and appropriate access arrangements. The discussions have resulted in a preferred option for development. A series of layout options with varying mixes of uses were tested during design development.

Access 4.82 In terms of access the DASS explains the key design and development principles

that have been prioritised in seeking to develop an inclusive and integrated proposal which responds to specific opportunities and issues presented by the site, these include: -

Addressing existing barriers to movement; Maximising opportunities to connect into existing movement and public

transport network; Responding to level changes; Maintain access to underground services; and Improving visual permeability and way finding.

Construction Design and Management Component 4.83 The project is notifiable under the CDM Regulations 2007. The design team will

identify potential hazards and agree methods to eliminate, reduce and/or control foreseeable risks from the construction, clearing, maintenance and proposed use

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and demolition. Where it is not practicable to eliminate the hazard they will assess the risk and incorporate design solutions.

CWMBRAN MASTERPLAN – A3 UNITS BREEAM RETAIL 2008 INITIAL ASSESSMENT REPORT (April 2011) prepared by AECOM CWMBRAN MASTERPLAN – OFFICES BREEAM OFFICES 2008 INITIAL ASSESSMENT REPORT (April 2011) prepared by AECOM CWMBRAN MASTERPLAN – HOTEL BREEAM OTHER BUILDINGS 2008 INITIAL ASSESSMENT REPORT 4.84 AECOM were commissioned by the applicant to undertake BREEAM Initial

Assessment exercise for the development of an A3 unit, offices and a hotel submitted in outline for the application site. The BREEAM Initial Assessment confirms the proposed route to achieve the required BREEAM ‘very good’ rating and provide the design team (applicant) with information on the BREEAM credit compliance requirements on which they should base the design.

4.85 BREEAM seeks to minimise the adverse effects of new buildings on the

environment at global and local scales, whilst promoting healthy indoor conditions for the occupants. The environmental implications of a new building are assessed at design and post construction stages and compared with good practice by independent assessors. An overall rating of the buildings performance is determined from the total number of BREEAM criteria met and their respective environmental weighting.

4.86 The Initial Assessment Report provides a credit status summary based on

discussions with the applicant and design information provided by the project team. Where development specific information was not available assumptions were made on the likely design based on the extensive experience of the project team and BREEAM assessor in undertaking BREEAM assessment for similar developments.

4.87 The Initial Assessment reports provide the client and team with an indication of

the credits which are likely to be achieved base on current building design and areas to be improved.

4.88 The total target score for the A3 unit is 59.54% which would mean that the

proposal would achieve a BREEAM very good score.

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4.89 The total target score for the office units is 62.30% which would mean that the proposal would achieve a BREEAM very good score.

4.90 The total target score for the hotel is 61.20% which would mean that the proposal

would achieve a BREEAM very good score. The Comprehensive Development of the ArvinMeritor Site, Grange Road, Cwmbran Environmental Statement (March 2011) prepared by Peacock & Smith 4.91 As part of this application the applicants have submitted an ES to accompany

this application. The following is a list of the sections of the ES: -

Hydrogeology, Ground Conditions and Remediation; Hydrology and Drainage; Noise; Archaeology; Ecology, Arboriculture and Nature Conservation; Landscape, Open Space and Visual Change Traffic and Transport; Sustainability; and Socio and Economic Impacts.

Hydrogeology, Ground Conditions and Remediation 4.92 This chapter describes the existing geology and groundwater conditions in and

around the site, and the potential of the development to affect and/or be affected by these conditions.

4.93 The site has a long history of industrial use and is typical for sites of this nature;

this has resulted in measurable concentrations of certain constraints on the site. The assessment of the site for hydrogeology, ground conditions and remediation has been based on a combination of desk studies, site investigations and contaminant modelling which have helped to determine the extent and nature of any contamination present on site.

4.94 These have included the following studies: -

Phase I Environmental Site Assessment – Meritor Heavy Vehicle Braking Systems (UK) Limited, Cwmbran Arcadis (UK) Limited January 2010;

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Phase II Environmental Site Assessment Report – Meritor Heavy Vehicle Braking Systems (UK) Limited, Cwmbran Arcadis (UK) Limited February 2010;

Phase IIB Environmental Site Assessment – Meritor Heavy Vehicle Braking Systems (UK) Limited, Cwmbran Arcadis (UK) Limited May 2010;

Revised Detailed Quantitative Risk Assessment (DQRA) Report - Meritor Heavy Vehicle Braking Systems (UK) Limited, Cwmbran Arcadis (UK) Limited January 2011;

Remediation Options Appraisal Report - Meritor Heavy Vehicle Braking Systems (UK) Limited, Cwmbran Arcadis (UK) Limited August 2010; and

Remediation Method Statement - Meritor Heavy Vehicle Braking Systems (UK) Limited, Cwmbran Arcadis (UK) Limited January 2011.

4.95 Phase I Environmental Site Assessment

The objective of this work was to assess the presence, to the extent practical, of the Recognised Environmental Conditions (REC’s) located in, under or originated from the site.

4.96 Phase II Environmental Site Assessment

The investigations involved the development of 72 Membrane Interface Probe (MIP) locations, 33 shallow boreholes and 5 deeper boreholes.

4.97 Groundwater Monitoring

Permanent groundwater monitoring wells were installed in the shallow and deeper boreholes, designed to ensure that Light Non-Aqueous Phase Liquids (LNAPL’s) and/or Dense Non-Aqueous Phase Liquids (DNAPL’s) were included if present.

4.98 Analysis, Impact Assessment & Quantitative Risk Assessment

Given the potential sources of contamination on the site a number of suites of compounds were identified as potential Contaminants of Concern (CoC).

An evaluation of the potential risk presented to the identified human health and water resource receptors associated with the site has been undertaken within the study area.

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4.99 Hydrogeology

The site is not located within a groundwater Source Protection Zone. The Alluvium and Raglan Marl Group are, however, classified by the Environment Agency as secondary A Aquifers.

Shallow groundwater was encountered within the made ground at between 0.8m and 1.3 metres below ground level (mbgl). It is expected that the flow direction is in an east or south-easterly direction towards the Afon Lwyd.

Groundwater in the Raglan Marl Group is considered likely to be directly in continuity with the Afon Lwyd and despite no obvious groundwater strikes noted within the mudstone deposits, ground water may be present within fissures and joints, meaning that there is no unsaturated zone in the Raglan Marl Group.

Potential Sources of On-Site Contamination 4.100 Given the site’s history of industrial use, a number of activities have been carried

out over the years which have the potential to cause soil and groundwater contamination.

These have included 24 above ground storage tanks which were used to store oil and trichloroethylene, 11 underground storage tanks and pits containing trade effluent, waste oils and chemicals. There were also storage facilities for oil, paint, cyanide, general chemicals and waste oil etc.

Existing Site Contamination 4.101 The detailed site investigations have been used to clarify the extent of actual

impacts to soil, groundwater and surface water quality present on and around the site. Overall the current position with regard to soil and groundwater impacts on site can be summarised as follows: - Heavy oils of low volatility; Chlorinated solvents (and breakdown products); LNAPL; The distribution of contaminates was predominately in the south east corner

of the site and the southern area of the production building, with some further hotspots of solvents in the centre of the site;

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The flow of contaminates is anticipates to be in the shallow groundwater to the south and south east of the site and in the deeper groundwater to the south;

Asbestos containing materials. Impact Assessment 4.102 To understand the potential impact of the contamination present on the site a

Detailed Quantitative Risk Assessment (DQRA) has been undertaken. This has specifically sought to identify what source-pathway-receptor (SPR) linkages were active and the risk they present.

Site 1: None of the measured concentrations of CoC in soil and/or groundwater samples exceeded the derived levels. Site 2: The measured concentrations of CoC in the soil and groundwater samples from the central portion of the site are not considered to pose a risk to human health; Site 3: A number of the measured concentrations of CoC in the soil and ground water samples from the southern proportion of the site present a potential risk to human health and water resource receptors.

Proposed Mitigation 4.103 A Remediation Options Appraisal (ROA) has been conducted to determine

whether suitable and available remediation techniques exist.

Site 1: This site was not considered by the ROA as none of the samples exceeded the derived levels; Site 2: Further investigation of potential source material after demolition of the redundant water effluent treatment plant; Site 3: a number of potential remediation technologies were identified as being potentially suitable to reduce contamination concentrations and restrict potential migration of identified on site impacts to off site receptors.

4.104 In conclusion a pragmatic approach is proposed for the removal of shallow soil

sources. The lack of risk posed by the free phase oil means that in the event that oil is contained on site and proven to be static or reducing, proposals will be made to remediate over a longer term with interim remediation measures undertaken to reduce the risk of migration off site.

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4.105 Once the remediation strategy is in place no adverse impacts are expected to arise as a result of the proposed development and the remediation itself is expected to have a significant beneficial impact on the long term quality of the soil and groundwater quality at the site.

Hydrology and Drainage 4.106 This chapter addresses the likely effects of the proposed development on the

surface water environment. The main phases of development (construction and operation) have been individually assessed for the potential to result in effects on water quality, drainage patterns and flood risk.

4.107 A Flood Consequence Assessment (FCA) was prepared in line with the

requirements of TAN15 ‘Development & Flood Risk’. The scope of the FCA was defined following detailed discussions with the Environment Agency Wales. The TAN15 Development Advice Map for Torfaen places much of the site in C2 Flood Zone, which is at risk of river/tidal flooding, during the 1 in 1000 year flood event, without significant flood defence infrastructure. The predominant source of flooding is the Afon Lwyd.

4.108 The results of the modelling studies demonstrates that the railway embankment

acts as an informal flood defence preventing floodwaters from the Afon Lwyd reaching the site even during the extreme 1 in 1000 year flood event. A scenario showing a breach in the railway embankment has also been modelled, the results of which show that the majority of the site would be flooded. However, the resulting floodwater depths are predicted to be within TAN15 thresholds.

4.109 Incorporated within the design of the site along the railway line (on Sites 2 & 3) is

a buffer strip. The buffer strip comprises of a development free corridor of land that is designed to convey and attenuate floodwater flows in the event of a breach in the railway embankment. The buffer will contain a series of cross buffers which will act to slow the conveyance of flood water through the site.

4.110 The buffer operates so that, within the site flood conditions during the extreme

event, are deemed acceptable in accordance with the criteria in TAN15. Noise 4.111 This Chapter describes the existing noise regime of the site and the potential for

the proposed development to affect and/or be affected by these conditions. It

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considers the potential impact of the various types of noise that will be produced by different parts of the proposed development both adjacent to existing noise sensitive areas and on other potentially noise sensitive parts of the proposed development. Similarly, the potential impact of existing sources of ambient noise needs to be considered for noise sensitive parts of the proposed development.

4.112 The proposed mitigation measures identified consist of the following: -

Proposed site layout provides significant mitigation due to the separation of sources of noise and sensitive locations;

Further attenuation will be achieved due to acoustic screening provided; Mechanical plant can be selected and located in order to achieve the required

noise levels; and Good working practices can also reduce noise where appropriate.

4.113 It concludes that suitable noise levels will be achieved to ensure that neighbours

are not disturbed by noise from the proposed development. This will be achieved by a combination of site layout, the appropriate selection or location of equipment. Noise sensitive areas of the proposed development will be similarly be protected against noise from other sources. In addition there may be a slight (but insignificant) increase in the noise levels at some locations; there may also be a slight reduction to the noise level at some other areas.

Archaeology 4.114 This chapter provides details of the archaeological potential of the site on the

basis of a desk based study of the site. 4.115 The application site is located close to Llantarnam Grange, a probable medieval

monastic grange or farm belonging to Llantarnam Abbey. The primary objective was to identify the archaeological remains that may be present on the site.

4.116 In conclusion the desk based research and assessment identified that the

majority of the site had been farm land until the mid 20th Century. The exception to this is the western part of the site between Grange Road and St Davids Road which formed part of the yard for Gelli Las Farm (Llantarnam Grange). This part of the site holds the greatest potential for the survival of archaeological remains. The remainder to the site contains no recorded archaeological remains, however, there is potential for the survival of sub-surface features.

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4.117 The whole of the proposed development area has suffered disturbance since mid 20th Century, with the southern end of the site the location for a succession of factories. The northern end of the proposed development site, appears to have suffered the least disturbance and provides the best potential for the survival of archaeological remains. Accordingly, a programme of trail trenching is proposed as a mitigation measure.

Ecology, Arboriculture and Nature Conservation 4.118 This chapter provides details of the nature conservation interest of the site and

identifies ecological impacts, including methods for mitigating the impacts. The chapter also identifies opportunities for ecological enhancement relating to the proposed development. The ecological risk assessment is based upon ecological survey work carried out by Smeeden Foreman Limited.

4.119 An extended Phase 1 Habitat Survey of the northern (Site 1) and part of the

central section (Site 2) was initially undertaken in April 2009. A second survey provided an update and an extension of the ecology work already carried out, covering the remainder of the central site (Site 2) and the southern section (Site 3). The second survey was carried out in April 2010. An arboricultural survey was also undertaken on these dates with the northern section and part of the central section being undertaken first and the remainder on the second visit, as per the ecological survey.

4.120 In conclusion the site does not support any statutorily protected habitats. Areas

of woodland, hedgerows and a small area of semi-improved neutral/calcareous grassland within the site are considered to be of nature conservation interest. To facilitate the proposed development such features will be lost. Landscape planting using species of native origin will seek to mitigate for sections of vegetation lost as well as providing continued connectivity.

4.121 Hedgerows and trees within the site were recorded as supporting foraging and

commuting bats and are considered to provide suitable nesting habitat for breeding birds. Mitigation recommended includes the planting of native trees and shrubs to replace what is currently within the site.

4.122 No bat roosts were identified as part of the climb and inspect surveys but 4 trees

covered by the survey are considered to have potential to support small number of bats. Recommendations to compensate for the loss of trees include the erection of bat boxes suitable for use by pipistrelle species.

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Landscape, Open Space and Visual Change 4.123 This chapter addresses the anticipated changes on the landscape and visual

character of the site resultant from the implementation of the proposed development. It provides a description of the landscape of the application site and describes the nature of the existing views and includes an assessment of the visual effects of the changes as a consequence of the proposed development.

4.124 In conclusion the larger area of the application site, where the built development

is proposed, does not offer any positive visual or physical attributes save some trees around its periphery. The development of the site will create movement through the land between the existing Grange Road and St Davids Road and provide access to the space. It is not the intention to screen the development but to improve views and the overall character.

Traffic and Transport 4.125 This chapter outlines the transport and highway related implications of the

proposed development. As this will be a phased development. Firstly the foodstore and refurbished ArvinMeritor factory and secondly the addition of the offices and hotel/pub.

4.126 In summary mitigation and improvement measures will be provided as follows: -

Phase 1 (Morrisons and ArvinMeritor refurbishment) Northern Roundabout (Edlogan Way) improvements including crossing

points; Widening of Grange Road approach to Southern Roundabout (Llanfrechfa

Way); Footbridge connection across St Davids Road; Controlled pedestrian crossing on Edlogan Way; and New and improved pedestrian footway adjacent to St Davids Road and

Edlogan Way.

Phase 2 (Office and Hotel development) Southern Roundabout improvements to Llanfrechfa Way; and St Davids Road speed table, reduce speed limit and designated pedestrian

crossing points.

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4.127 In conclusion the northern roundabout will experience operational difficulties in

PM and Saturday peak hours and therefore, a roundabout improvement scheme is proposed to provide sufficient capacity to accommodate additional traffic and provide safety enhancements to the junction. By 2016 with the addition of the office and hotel development the southern roundabout will start to show capacity issues and an improvement scheme is proposed. Elsewhere, on the highway network the other relevant junctions have shown to be able to readily accommodate the peak hour traffic flows; therefore, there are no transport related issues which should prevent the development subject to the mitigation proposals.

Sustainability 4.128 This chapter sets out the sustainability credentials which are incorporated within

the proposed development, the details of which are also set out in the Design, Access and Sustainability Statement which also accompanies the application.

4.129 In conclusion the proposed development comprises the re-development of an

underused brownfield site located in close proximity to a wide range of services, facilitates and public transport links. The sustainability credentials incorporated within the development proposals for Site 1 will ensure that a BREEAM very good rating will be met.

4.130 The proposed development complies with the sustainability requirement of both

national and local planning policy. Socio and Economic Impacts 4.131 This chapter provides a socio-economic assessment of the proposed

development incorporating a study of the likely economic impacts and social/human effects.

4.132 The socio-economic impacts from the development will potentially originate from

both the construction phase and the subsequent operation of the facilities once completed.

4.133 In conclusion the potential for cumulative impacts has been assessed with regard

to combination of individual impacts, the occurrence of similar types of impacts at

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locations in the vicinity of the proposed development and the interaction of such impacts over time.

4.134 Based on the evaluation substantial cumulative impacts would not be anticipated

from the implementation of the proposed development. Robust mitigation packages have been established to protect and enhance the local environment so that any potential cumulative impact will not result in any greater impact than those addressed within the ES.

Archaeological Evaluation March 2011 prepared by Archaeology Wales 4.135 In February 2011 Archaeology Wales were commissioned to carry out an

archaeology evaluation in the grounds of the ArvinMeritor factory. Glamorgan Gwent Archaeological Trust recommended that strategic trial trenching was carried out for the site prior to the determination of the planning application. The purpose of the evaluation trenching is to provide TCBC with information on the archaeology potential of the site prior to the determination of the planning application.

4.136 The report presents the results of the archaeological evaluation trenching

undertaken by Archaeology Wales to support the planning application for the redevelopment of the site. A desk based assessment was carried out in 2010 which was included in the ES that also accompanies the planning application. The desk based assessment concluded that the archaeological potential of the site was low.

4.137 The evaluation trenching revealed that the area has been severely disturbed by

both the construction of the railway in the late 1800’s and the more recent building of the factory and car park and the laying of associated services. The ground has been truncated in all 3 Sites under investigation, with soil layers removed and the natural clay cut into.

4.138 Subsequent levelling of the ground through the deposition of hardcore was also

identified in the northern half of the site. Remnants of an old cultivation soil survive in the northern part of the car park only. Two small round truncated pits or postholes were identified in trench 3, one of which produced an undiagnostic struck lithic. The date and function of these features of the desk based assessment and revealed the archaeological potential of the site to be low.

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5. NATIONAL POLICIES AND SPG 5.1 Section 38 (6) of the Planning and Compulsory Purchase Act 2004 states that ‘If

regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise’. In the case of Torfaen County Borough the Development Plan comprises of the Adopted Gwent Structure Plan (March 1996) and the Adopted Local Plan for the County Borough of Torfaen (November 2000).

5.2 DEVELOPMENT PLAN POLICIES

ADOPTED GWENT STRUCTURE PLAN: - Policy E3 Urban Regeneration - this policy encourages the development of derelict, underused and vacant land for employment. Policy E6 Office Development - this policy encourages office development in appropriate locations in Town Centres. Policy SH1 Shopping Hierarchy - this policy identifies the shopping hierarchy in Gwent and identifies that the hierarchy will be maintained and enhanced. Policy SH5 Out Of Centre Development – this policy relates to proposals for large supermarkets/superstores, retail warehouses and regional shopping centres and the criteria considered to determine any proposals for the above uses. The criteria include impact on vitality and viability of centres, satisfactory access, adequate level of public transport/off street parking and servicing are provided. Policy SH7 Development of Industrial Land - this policy states that there will be a presumption against the use of industrial sites for retail purposes unless there is sufficient land available for other uses.

Policy LE9 Tourist Accommodation - this policy favours the development and improvement of overnight tourist accommodation. Policy ENV3 Flood Risk - this policy identifies the issues which need to be considered for the determination of proposals for development in flood risk areas.

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ADOPTED LOCAL PLAN: Policy G1 - provides general criteria against which all planning applications will be assessed. It particular, it deals with the impact of a development on existing/proposed users and the character of the area, the environment, access and services. Policy G4 – requires the Council to negotiate with developers on proposals to secure the provision of related infrastructure, community facilities and benefits and environmental improvements. Policy G5 – requires development proposals to satisfy a number of highway criteria including being able to be safely accessed by a range of modes of transport, serviced adequately, pedestrian provision can be made and can be served by public transport. Policy G6 – requires development proposals to provide access to all members of the public. Policy ED5 – identifies criteria for industrial development (Class B1, B2 and B8) on sites not identified in the Local Plan. The criteria includes; impact on amenities, site access, adequate parking, provision of a landscaping scheme and B1 uses will only be permitted within or adjacent to residential areas.

Policy ED8 – identifies criteria for the redevelopment of existing industrial land and buildings to alternative uses. The criteria includes: is the use complementary/ancillary to the primary use of the land, for factory shops the proposal must be ancillary and the use should not be detrimental to the character or amenity of the area. Policy ED12 – identifies criteria for tourism related projects. The criteria includes: development respects its surroundings; the road network can support the development, site access, adequate parking, impact on amenities and a landscape scheme has been produced Policy R2 – Relates to proposals for new retail and leisure development which cannot be located on town centre sites, edge of centre sites, in district or local centre and the criteria which proposals need to satisfy. The criteria includes undermining vitality, attractiveness and viability of centre, not prejudicing strategies for enhancement, unacceptable traffic impact/highway safety, accessibility by public transport and the need for the development in terms of capacity.

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Policy R3 – identifies the Town Centre Boundary for Cwmbran Town Centre (in association with the Cwmbran Town Centre Inset Map on the Southern Proposals Map) Policy E13 – identifies the criteria for development on or in close proximity to land which is known or suspected to be contaminated. Policy L6 – identifies the criteria for the development of areas of formal and informal recreation open space.

5.3 DEPOSIT LDP: The application site has been allocated in the Deposit LDP as

Policy SSA1 Eastern Strip Central. This Policy allocates the site for: - ‘approximately 2.7 Ha for B1 use and a hotel, approximately 5.6 ha for B2 uses, a 6,869 sq m gross foodstore, leisure uses and public open space. Such development will only be permitted where it clearly shows that it will deliver a comprehensive redevelopment of the site’.

5.4 The Policy Justification for Policy SSA1 identifies that ‘the Council’s vision for this

SAA is of comprehensive redevelopment of the site through a commercial/employment led mixed-use regeneration scheme’. The Policy Justification also identifies that ‘the Council have allocated a foodstore on this SSA on the basis that it will be part of an employment-led mixed use comprehensive redevelopment (which would provide the 6 regeneration benefits identified in the Policy Justification) and the Council expect proposals for the SAA to show how the provision of a foodstore will achieve these aims, in particular any proposal must clearly illustrate how the 6 regeneration benefits for the site will be addressed as part of the delivery of the whole of the Strategic Action Area’.

5.5 The 6 regeneration benefits are: -

Remediation of ground contamination on the ArvinMeritor site; Provision of the necessary flood alleviation measure; Completion of the high level walkway across St Davids Roads; Provision of car parking for Town Centre users; Redevelopment of the existing ArvinMeritor factory as a modern

manufacturing facility and associated technical centre; and The creation of a 2.7 Ha parcel of land capable of development for B1 uses

and a hotel.

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5.6 Policy RLT2 relates to town centre development in Cwmbran Town Centre and

identifies that the Town Centre ‘will be the focus for new retail and other town centre uses to meet future retail needs of Cwmbran’. The policy identifies the criteria that proposals will need to meet which include not undermining the character, visual amenity, vitality and viability of the Town Centre; should fully integrate with the Town Centre and adjacent Strategic Action Areas (SAA), should be outwards looking and provide good pedestrian linkages to the Town Centre and adjacent SAA’s.

5.7 Policy RLT2 also identifies a broad location with the potential for redevelopment

for retail and other town centre uses. The broad location is identified as RLT2/1land on the eastern side of the existing Town Centre (broadly the area to the east of North Walk and The Mall) and including land between Glyndwr Road and St Davids Road. The Policy Justification states that ‘the land identified in RLT2/1is considered suitable for large scale comparison retail development’ and that ‘The Council believe that the Town Centre can accommodate the comparison floorspace identified in GVA’s Retail Study, through the redevelopment of parts of the Town Centre and retail redevelopment/development in the above identified broad location’.

5.8 The allocation of the foodstore on SSA1 as part of a proposal for the

comprehensive redevelopment of the site would also need to comply with Policy RLT3 Retail Proposals Outside Established Centres. Policy RLT3 identifies the criteria which proposals for new retail development (above 235 sq m gross) which are located outside town, district or local centres need to satisfy. The criteria includes the need for the development (qualitative and quantitative), the proposal satisfies the sequential test requirement and the proposal would not create an impact that would undermine the vitality, viability and attractiveness of any of the centres identifies in the retail hierarchy. Edge of centre proposals will also need to address other relevant considerations e.g. integration with the existing centre and attain high design standards

NATIONAL PLANNING POLICY 5.9 PLANNING POLICY WALES (4th Edition) February 2011: Planning Policy Wales

(PPW) sets out the context for planning in Wales and has a series of chapters that relate to particular topics. Each chapter contains information on how the topic should be considered in Development Plans and Development Control

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purposes. The following paragraphs provide information on the topics relevant to this application.

5.10 Chapter 2: Development Plans – this chapter identifies that LDP’s should provide

a firm basis for rational and consistent decision on planning applications. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that, if regard is to be had to the development plan for the purposes of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise.

5.11 Section 2.6 explains what happens when a development plan has not yet been

adopted. Paragraph 2.6.2 identifies 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 plans progresses towards adoption’. Paragraph 2.6.2 further states that ‘in considering what weight to give to the specific policies in an emerging LDP that apply to a particular proposal, local planning authorities will need to consider carefully the underlying evidence and background to the policies’.

5.12 Paragraph 2.6.3 considers questions of prematurity and states that these ‘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’.

5.13 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’. Paragraph 4.4.2 identifies the broad objectives of the sustainable development agenda and the Assembly Government’s priorities which should be taken into account when preparing development plans and in the control of development.

5.14 Paragraph 4.6.2 identifies that development plans should provide a framework to

stimulate, guide and manage change towards sustainability in order to secure a sustainable settlement pattern.

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5.15 Paragraph 4.11.4 sates that to move towards more sustainable and zero carbon buildings in Wales that the Assembly Government expects that the following standards to be met: -

Applications received on or after 1st September 2009 for non residential

development which will either have a floorspace of 1,000 sq m or more, or will be carried out on a site having an area of 1 hectare or more, to meet the BREEAM ‘Very Good@ standard and achieve the mandatory credits for ‘Excellent’ under issue Ene1 – Reduction of CO2 Emissions.

5.16 Chapter 7 Supporting the Economy – this chapter promotes the building a vibrant

Welsh economy delivering strong and sustainable growth. Paragraph 7.2.2 identifies that key employment locations should be selected in line with sustainable development principles e.g. use of previously developed land, proximity to existing urban developments, good accessibility to public transport and road network.

5.17 Chapter 8 Transport – this chapter aims to extend choice in transport and secure

accessibility in a way which supports sustainable development. Paragraph 8.1.4 identifies that land use planning can help to achieve the Assembly Government’s objectives for transport by reducing the need to travel by locating development where there is good access by public transport, walking and cycling. Paragraph 8.7.2 identifies that WAG expects all allocations for development falling into the categories indentified in the paragraph to be accompanied by a Transport Assessment.

5.18 Chapter 10 Planning for Retail and Town Centres – this chapter identifies the

Welsh Assembly Government’s objectives for retailing and town centres are to:

Secure accessible, efficient, competitive and innovative retail provision for all the communities of Wales, in both urban and rural areas;

Promote established town, district, local and villages centres as the most appropriate locations for retailing, leisure and for other functions complementary to it;

Enhance the vitality, attractiveness and viability of town, district, local and village centres; and to

Promote access to these centres by public transport, walking and cycling. 5.19 Paragraph 10.1.2 identifies that ‘wherever possible this provision should be

located in proximity to other commercial business, facilities for leisure,

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community facilities and employment. Town, district, local and villages centres are the best locations for such provision at an appropriate scale’.

5.11 Paragraph 10.3.1 identifies the factors that a planning authority should take into

account when determining a planning application. These include:

Compatibility with any Community or up to date Development Plan Strategy; Consideration of the need for the development/extension unless the proposal

is for a site within a defined centre or one allocated in an up to date development plan;

The sequential approach to site selection; Impact on existing centre; If redevelopment is involved whether it involves a net gain in floorspace and

whether or not it is like for like in terms of comparison or convenience; Accessibility by a variety of modes of travel; Any improvements in public transport; The impact on travel patterns; and The best use of land close to any transport hub in terms of density and mixed

use. 5.12 As the Morrisons’s store is not located within a centre identified in the retail

hierarchy or an allocated site as identified in the Development Plan there is a requirement for the applicant to identify the need for the Store. Paragraph 10.3.3 states that ‘where need is a consideration precedence should be accorded to establishing quantitative need’. Paragraph 10.3.3 further states that ‘It will be for the decision maker to determine and justify the weight to be given to any qualitative assessment as outlined in paragraph 10.2.10’.

5.13 Paragraph 10.3.1 identifies that in the determination of the application there is a

requirement for TCBC to consider the sequential approach to site selection. In relation to the sequential test further information is provided in paragraph 10.3.4 which states that ‘This approach (assessing town centre sites) requires flexibility and realism from local planning authorities, developers and retailers’ and in paragraph 10.3.5 that ‘to maximise the opportunities for new development in centres developers and retailers will need to be more flexible and innovative about the format, design and scale of proposed development’.

5.14 Paragraph identifies that in the determination of the application there is a

requirement for TCBC to consider the impact on existing centre i.e. Cwmbran Town Centre.

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5.15 Chapter 13 Minimising and Managing Environmental Risks and Pollution – this chapter identifies how the planning system has an important role in avoiding or minimising the adverse effects of any environmental risks on present or future land use.

5.16 Section 13.2 covers flood risk and climate change and identifies that flood risk is

a material consideration in land use planning. Paragraph 13.2.3 identifies that that ‘Planning authorities should therefore adopt a precautionary approach…on development and flood risk…when considering planning applications’.

5.17 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).

5.18 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.

5.19 Section 13.5 covers unstable and contaminated land and identifies that the

planning system should guide development to lessen the risk from natural or human-made hazards, including risk from land instability and land contamination.

5.20 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

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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.

5.21 Paragraph 13.7.2 identifies that ‘where significant contamination issues arise, the

local planning authority will require evidence of a detailed investigation and risk assessment prior to the determination of the application to enable beneficial use of land. Where acceptable remedial measures can overcome such contamination, planning permission may be granted subject to conditions specifying the necessary permission’.

5.22 TECHNICAL ADVICE NOTE 4 RETAILING AND TOWN CENTRES (1996): this

TAN provides advice on the information local planning authorities should gather on the functioning of town centres to assist in the consideration of planning applications i.e. population change, the amount and distribution of retailing and retail expenditure. Along with information of value in measuring the vitality, attractiveness and viability of town centres.

5.23 The TAN identifies that all applications for retail development over 2,500 sq m

gross floorspace should be supported by an impact assessment. 5.24 Paragraph 12 states that ‘where appropriate car parks for edge of centre stores

should be encouraged to play a dual role serving the town centre as well as the store’.

5.25 Annex A provides a terminology for retail locations i.e. town centre, edge of

centre, out of centre and out of town. 5.26 TECHNICAL ADVICE NOTE 12 DESIGN (June 2009): 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 systems; and

The preparation and validation of mandatory design and access statements. 5.27 This TAN defines good design and stress the importance of good design. 5.28 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.

5.29 It sets out the way in which the risk of a development flooding and its

consequence can be assessed.

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5.30 TECHNICAL ADVICE NOTE 18 TRANSPORT (March 2007): This Tan provides 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.

5.31 TECHNICAL ADVICE NOTE 22 PLANNING AND SUSTAINABLE BUILDINGS

(June 2010): The purpose of this TAN is to provide technical guidance on the implementation of national policy on planning for sustainable buildings through the planning application process, The TAN provides an introduction to sustainable buildings and the standards of assessment, the design solutions that may be employed in meeting these standards and further design guidance on delivering low carbon buildings. It also sets out a ‘Policy Implementation Map’ to guide developers and local planning authorities through the steps necessary for full implementation of the policy.

6. CONSULTEES AND THEIR RESPONSES 6.1 WAG PLANNING: No response received. 6.2 WAG HIGHWAYS: No objection. 6.3 CAERPHILLY COUNTY BOROUGH COUNCIL: No objection. 6.4 NEWPORT CITY COUNCIL: No objection. 6.5 MONMOUTHSHIRE COUNTY COUNCIL: No response received. 6.6 BLEANAU GWENT COUNTY BOROUGH COUNCIL: No response received.

6.7 COUNTRYSIDE COUNCIL FOR WALES: ‘The Countryside Council for Wales does not object to the above application, providing appropriately worded conditions requiring the implementation of the mitigation measures set out in the Environmental Statement submitted with the application are attached to any planning permission your authority is minded to grant’.

6.8 ‘CCW agree with the evaluation of the site for bats and endorse the proposed

mitigation being put forward in the ‘Habitat Survey & Protected Species Assessment’ (outlined in Section 5 – Summary) and the Environmental Statement (section 4.5.89 – 4.5.91), including the retention of the main foraging and commuting area and erection of bat boxes. Subject to the implementation of the mitigation set out in the above reports we do not consider the proposed development will result in detriment to the favorable conservation status of these bat species’.

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6.9 ‘We remind the applicant that all birds are protected during the breeding season

from March to August inclusive. Any site works must avoid damaging or destroying the nest of any bird. Therefore, the timing of any clearance works should avoid the bird-breeding season and loss of suitable breeding habitat mitigated by replacement planting’.

6.10 ‘Should your authority be minded to grant planning permission we advise that

suitable conditions are attached to the permission to address the following: -

Compliance with the recommendations in section 4.5.80 – 4.5.95 of the ‘Arvin Meritor Site, Grange Road, Cwmbran – Environmental Statement Vol 2: Main Report’ by Peacock and Smith, February 2011’.

6.11 As part of the mixed use development, a retail foodstore and petrol filling station

is proposed for the northern part of the site in the planning application. As you are aware, we were previously consulted on planning application 09/P/00181(E) on 18 May 2009, which related solely to the proposed development of a retail foodstore and petrol filling station on the northern part of the application site. In our letters to planning application 09/P/00181(E) (dated 7 August 2009 and 16 September 2009), we objected to the application as submitted due to the construction and position of the fuel storage tanks, which were to be stored underground and below the water table in a secondary aquifer, i.e. into groundwater.

6.12 Monitoring of the site, undertaken as part of the Geo-environmental Appraisal

(Sirius Geotechnical and Environmental Ltd, March 2009. Report Number: C3321), revealed that the groundwater level at the Arvin Meritor site was recorded between 1.24 and 3.10 metres below ground level (mbgl). The underground storage tanks proposed as part of planning application 11/P/00101 (and application 09/P/00181) would therefore be likely to intercept the water table in this location.

6.13 The proposed underground and sub-water table storage of fuel at the Arvin

Meritor site represents a particular risk to groundwater due to the difficulty of detecting and dealing with any leaks. Should leaks occur, they would bypass the inherent protection from the soil layer. Sub-water table storage at the site will also increase the risk of damage to the storage infrastructure, and pollutants can be introduced directly to groundwater. Routine visual inspections would not be possible and detection of leaks would need rely on some form of remote monitoring.

6.14 In our most recent letter (dated 16 September 2009) advising in relation to

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planning application 09/P/00181, we advised that we had yet to receive adequate information to demonstrate that the risks posed by the development to groundwater could be satisfactorily managed. This information has yet to be submitted for 09/P/00181, nor has it been submitted for this application.

6.15 We therefore object to the mixed use development application 11/P/00101 as

the proposed underground (sub-water table) storage of fuel would pose an unacceptable risk of causing a detrimental impact to groundwater quality. The applicant should consider alternative fuel storage proposals to those submitted as part of this planning application, for example, above ground solutions. This objection is supported by our recently revised policy ‘Groundwater Protection: Policy and Practice’ (2008), which sets out our approach to groundwater (parts P1-8: Underground Storage and P1-9: Sub Water Table Storage).

6.16 We understand following discussions with your Authority, that you may be

minded to recommend the underground storage of the fuel tanks in line with the advice from your Petroleum Officer. Whilst we would wish to prevent storage from taking place in the most vulnerable locations, we recognise that this is not always possible. In our opinion, there are more options that could be investigated. If investigation of these options does not bring about solutions to manage the risks we have outlined, then the Best Available Techniques of protection and detection should be considered.

6.17 If you are therefore minded to grant planning permission despite our objection

above, we would wish to ensure that the planning conditions as set out below relating to flood risk, contamination and pollution prevention, are imposed as part of any permission granted. We would request that these are included as part of any permission granted, irrespective of the underground fuel storage issue above. The inclusion of the planning conditions below should not therefore be taken as an indication that our objection to the proposed underground storage of fuel tanks will necessarily be overcome. However, you may wish to consider all matters in parallel.

2. Flood risk 6.18 The majority of the application site lies within Zone C2, as defined by the

Development Advice Map (DAM) referred to under Technical Advice Note 15: Development and Flood Risk (TAN15) (July 2004). The planning application proposes mixed use development (highly vulnerable) on previously developed land within a flood risk area. The vulnerability attributed to a mixed use proposal will be defined by the most vulnerable use; the incorporation of a hotel therefore defines the mixed use development as highly vulnerable. We refer you to TAN15 for the policy considerations.

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6.19 A flood consequences assessment (FCA) (produced by Hyder Consulting, dated 31 January 2011 reference 5003-WX54783-NER-02), has been submitted in support of the application. The purpose of the FCA is to ensure that all parties, including your Authority, are aware of the risks to and from the development, and ensure that if practicable, appropriate controls can be incorporated in a planning permission to manage the risks and consequences of flooding.

6.20 The FCA states that the potential fluvial sources of flooding to the development

site are considered to be the: Afon Lwyd, Cwmbran Brook and the Blaen Bran Brook. For continuity of this response, each potential source will be addressed separately.

Afon Lwyd 6.21 Our Flood Map information, which is updated on a quarterly basis, confirms the

site to be within the 1% (1 in 100 year) and 0.1% (1 in 1000 year) annual probability fluvial flood outlines of the Afon Lwyd, which is a designated main river. We are aware of historic flooding from the Afon Lwyd, however this does not affect the proposed development site.

6.22 In order to assess the potential flood risk from the Afon Lwyd, Hyder Consulting

have produced a 1D/2D hydraulic model, which also considers the standard of protection provided by the railway embankment that runs along the eastern boundary of the site. The FCA/model states the following regarding the potential flood risk from the Afon Lwyd:

A railway embankment on the eastern site boundary would act as an informal

flood defence to the site. During the extreme flood events, this railway embankment is not predicted to overtop;

The railway embankment is significantly higher than the predicted flood levels. A number of points were taken along the railway embankment and compared to the 1% (1 in 100 year) plus climate change and 0.1% (1 in 1000 year) flood events;

There will be a freeboard range along the railway embankment of 1.44 metres to 1.79 metres during a 1% (1 in 100 year) plus climate change flood event;

There will be a freeboard range along the railway embankment of 1.17 metres to 1.60 metres during a 0.1% (1 in 1000 year) flood event;

Flood waters are predicted, for all events, to enter the railway underpass. However, ground levels on the proposed development site side of the underpass limit the flood extent to the immediate locality of the subway entrance.

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Model simulated breach scenario 6.23 The model stimulated a breach scenario and concluded that should the railway

line breach, the majority of the site would be flooded during the 0.1% (1 in 1000 year) extreme flood event. The proposed northern car park and parts of the western areas of the site would not be affected due to the higher ground levels compared to the rest of the site.

6.24 Whilst the majority of the site would flood during the 0.1% (1in 1000 year) flood

event, the flood depths would be less than 0.6m. However, there is a small proportion of the site (less than 7%) that has flood depths that exceeds the 0.6 metre indicative tolerable conditions during a 0.1% (1 in 1000 year) annual probability flood event, as advised at A1.15 of TAN15.

6.25 In order to overcome the proportion of the development site predicted to affected

by flood waters during this extreme 0.1% breach scenario event, the following mitigation measures are suggested:

A buffer strip running adjacent to the railway embankment which would

reduce the depth and velocity of flood waters. It is proposed that in order to achieve this, a 8 metres buffer strip (plus an allowance for the width of the buffer strip embankment structure) would be appropriate to mitigate flood consequences at the site to acceptable level;

Cross buffers would be required to slow the flow of water along the buffer strip in order to prevent flood risk elsewhere (channelling flood waters to the southern end of the site);

An embankment across the border between the central site (Site 2) and the southern site (site 3) is proposed;

The entrance to the railway underpass, which is affected in the 0.1% (1000 year) extreme flood event is proposed to be bunded off (with steps to maintain access), thus preventing the flood flows from entering.

6.26 Further modelling was undertaken to assess the impact of the proposed

mitigation measures. It was shown that the proposed mitigation would reduce the consequences of flooding in a 0.1% breach scenario to below the 0.6m indicative tolerable flood depth conditions as advised by A1.15 of TAN15.

6.27 The FCA states that the railway embankment will act as an informal flood

defence and as such is unlikely to be overtopped (giving the freeboard amounts of 1.17m to 1.60m).

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6.28 As part for the consultation, we undertook a review of the Afon Lwyd model submitted with the FCA and can confirm that the model is fit for purpose. We therefore consider the evidence provided in the FCA to be a reliable assessment of the risk of flooding from the Afon Lwyd to the development site.

Cwmbran Brook 6.29 Our Flood Map information, which is updated on a quarterly basis, confirms the

site to be within the 0.1% (1 in 1000 year) annual probability fluvial flood outlines of the Cwmbran Brook.

6.30 In order to assess the flood risk from the Cwmbran Brook a 1D hydraulic model

was constructed using HEC-RAS software and topographical survey data. Culvert scenarios were also investigated using this model. The FCA/model states the following regarding the potential flood risk from the Cwmbran Brook:

The Cwmbran Brook is a heavily modified channel and extensively culverted.

It is located approximately 0.3km south of the proposed application site; The main risk of flooding from this particular brook was considered to take

place in the event of a culvert blockage at Heol Llantarnam. 6.31 A steady state HEC-RAS hydraulic model of the Cwmbran Brook immediately

upstream and downstream of Heol Llantarnam was constructed to assess flood water levels under baseline conditions. A range of culvert blockage scenarios were addressed. The model findings suggest:

During a 50% blockage in a 1% (1 in 100 year) plus climate change flood

event, flood levels are expected to be approximately 49.05m Above Ordnance Datum (AOD). For the same blockage scenario during the 0.1% (1 in 1000 year) flood event, flood levels are expected to be approximately 49.35m AOD;

During a 70% blockage in a 1% (1 in 100) plus climate change flood event, flood depths are expected to be approximately 49.48m AOD. For the same blockage scenario during the 0.1% flood event, flood depths are expected to be approximately 50.08m AOD;

The proposed development site ground levels are at their lowest across the Southern section of the site, and are in excess of 53m AOD.

6.32 A review of the hydrology used to inform the model on the Cwmbran Brook was

undertaken by our Hydrology department. The findings of this review suggested that the flow estimates used in the model were inaccurate due to the use of a smaller catchment area for the Cwmbran Brook. The flows used were found to be lower than those that we concluded were acceptable for this watercourse.

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6.33 Additional LiDAR information was provided by Hyder on the 13 April 2011 which

supported the topographical findings in the FCA. The information indicated that the development site is located at 53m AOD and the ground elevations in the location of the Cwmbran Brook are generally in the region of 51 to 51.5m AOD. This information and the flood depths demonstrate that even in a 70% blockage scenario, the Cwmbran Brook will be held within channel. The development site is located outside of the extreme flood event of the Cwmbran Brook.

6.34 Even though the flows submitted by Hyder are lower than those the Environment

Agency possess, given the local topography we do not consider any associated risk from the Cwmbran Brook. We can therefore confirm that the risk of flooding from the Cwmbran Brook to the development site to be minimal and recommend no further analysis in relation to this source of flooding.

Blaen Bran Brook 6.35 Our flood map information, which is updated on a quarterly basis, confirms the

site to be within the 1% (1 in 100 year) and 0.1% (1 in 1000 year) annual probability fluvial flood outlines of the Blaen Bran Brook.

6.36 In order to assess the flood risk from the Blaen Bran Brook a qualitative

assessment was undertaken. The analysis included a detailed inspection of the LiDAR data and a comprehensive site inspection. The FCA/assessment states the following regarding the potential flood risk from the Blaen Bran Brook:

The Blaen Bran Brook is a heavily modified channel and extensively

culverted. It is approximately 0.8km north of the Arvin Meritor site; The Environment Agency’s floodmap indicates two potential overland flood

routes that may affect the development site. The first route (1) would follow the existing carriageway along Cwmbran Drive, enter the residential development at Northville, before reaching the development site. The other potential flood route (2) that would impact the development site would be to enter the site from the north via Edlogan Way.

6.37 The FCA states that the Blaen Bran Brook does not present a flood risk to the

development site for the following reasons:

The Environment Agency flood maps in this instance do not account for the existence of the concrete noise barriers or other similar structures alongside Cwmbran Drive that would influence flood route 1 (as detailed above);

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In 1994 a blockage at Cwmbran Drive road culvert, caused flooding to the Northville area of Cwmbran. However, no flood waters reached the proposed development site during this event;

The Environment Agency flood maps in this instance suggests that flood waters would reach the development site via Edlogan Way (north of the Site) for flood route 2 (as detailed above). However, the FCA concludes that the elevation of the road embankment on Edlogan Way is such that the 0.1% (1 in 1000 year) flood would not overtop this embankment. The 1% (1 in 100 year) flood outline is not shown to reach Edlogan Way.

6.38 The flood map was produced by the Environment Agency using a generalised 2D

model combined with LiDAR data. The FCA concludes that the flood map may not represent a true overland flow route, as it does not take into account channel structures or certain floodplain topographical features (such as walls and buildings).

6.39 We undertook a review of the Hyder Consulting Hydraulic Model submitted for

the Afon Lwyd, and comments in relation to the approach and conclusions made in the FCA regarding the Blaen Bran Brook were made. It was suggested that the following information was required before the risk of flooding from this source could be properly understood:

Further work should be undertaken with regards to the concrete noise

barriers, that are suggested in the FCA to act as informal defences, as the flood maps produced did not reflect these structures;

Further work should be undertaken to indicate if floodwater could potentially enter the development site by spilling at a low point in Edlogan Way/St Davids Road Roundabout.

6.40 However, following correspondence with Hyder Consulting, further justification

was submitted on 20 May 2011 explaining their findings and assessment used in the FCA. The further justification states that:

It is considered unlikely that floodwaters from the Blaen Bran Brook would

reach the site given the location of the Blaen Bran Brook some 0.8km to the north of the development;

The topographical floodplain features, such as the concrete noise barrier wall along both sides of Cwmbran Drive and the buildings located in Northville, reduce the flood risk to the development site. The flood maps produced do not account for these structures;

The concrete noise barriers run along from a point north of Blaen Bran Brook to the South of Maendy School, where it ties into high ground. This structure, although not classed as a formal flood defence, will act as a de facto barrier to any overland flow route. The Local Planning Authority confirms ownership

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of these barriers and also maintains a regular maintenance programme for the Blaen Bran Brook itself, including frequent culvert inspections. The regular maintenance is considered to reduce the risk of flooding from the brook;

Topography and the height of Edlogan Way is such that no flood water will be able to spill over and impact the development site.

6.41 We can conclude that the information which suggested a risk of flooding to the

Arvin Meritor site from the Blaen Bran Brook was obtained using a JFlow model. This does not represent the floodplain features and therefore provides a crude representation of potential overland flow routes.

6.42 Following discussion with Torfaen’s Drainage Department, it was confirmed that

the concrete noise barriers are under the ownership of Torfaen CBC, and maintained jointly with the Highways Agency. The FCA confirms that a regular inspection programme of the Blaen Bran Brook is undertaken. The topography of the land surrounding the development site is such that flood waters from the Blaen Bran Brook will not affect the site, either from Cwmbran Drive or Edlogan Way.

6.43 We have assessed the information provided in the FCA and the additional

information. Site visits to the development site and the Blaen Bran Brook have been undertaken by us in conjunction with obtaining local information, including that provided by Torfaen County Borough Council. We can therefore confirm that the risk of flooding from the Blaen Bran Brook to the development site to be minimal and therefore recommend no further analysis in relation to this source of flooding.

Flood risk summary 6.44 Based upon the information and assessment of each source of flooding in the

FCA, it has been demonstrated that the topography of the land and localised features such as the railway embankment and concrete noise barriers, will manage the risk of flooding from potential overland flood flows to the development site.

6.45 Proposed mitigation measures demonstrate a reduction in the consequences of

flooding, in the unlikely event of a breach of the railway embankment. These mitigation measures also prevent flood risk elsewhere.

6.46 Therefore, from a flood risk perspective only, and notwithstanding our overall

objection, we have no objection to the planning application as submitted on flood

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risk grounds subject to the inclusion of the following planning condition, or a similar suitably worded condition that would control the same aspects. This should be incorporated as part of any planning permission granted.

6.47 The EA have suggested conditions relating to: -

Development to be carried out in accordance with approved FCA and mitigation measures in order to reduce the impact of flooding;

Prior to commencement of development a contamination scheme shall be submitted and approved in order to ensure controlled waters are protected from contamination;

Prior to commencement of development a contamination verification report is submitted to identify the effectiveness of the remediation works in order to demonstrate that the remediation criteria have been met;

Reports on monitoring and maintenance reports to be submitted in order to ensure longer term remediation are being met;

IF during development unknown contamination is identified no further development should be carried out unless remediation details are provided as there maybe unidentified area of contamination which could pose a threat;

Piling or other penetrative methods shall not be permitted as there is an increased potential for pollution;

Development should not commence until a scheme to dispose of foul and surface water has been submitted in order to prevent pollution;

Development should not commence until a scheme to install oil and petrol interceptors has been submitted and approved in order to prevent pollution to the water environment;

Development should not commence until a scheme to treat and remove suspended solids from surface water run-off in order to prevent pollution of controlled waters; and

Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls in order to prevent pollution of the water environment.

6.48 FIRE SERVICE: The proposed site plan in relation to the above has been

examined and the Fire Authority would wish the following comments to be brought to the attention of the committee/applicant. It is important that these matters are dealt with early on in any proposed development.

6.49 The developer should consider the need for the provision of: -

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a). adequate water supplies on the site for firefighting purposes; and b). access for emergency firefighting appliances.

6.50 Should the applicant require further information in relation to these matters they

should contact the fire authority. 6.51 POLICE LIAISON OFFICER: No comments 6.52 GAS: No comments 6.53 WELSH WATER/DWR CYMRU: We would request that if you are minded to

grant Planning Consent for the development that the conditions and advisory notes listed are included within the consent to ensure no detriment to existing residents or the environment and to Dwr Cymru/Welsh Water’s assets.

6.54 WESTERN POWER DISTRIBUTION: No objection. Provided a plan showing

apparatus in the vicinity of the proposed works and provided safety advice for working in the vicinity of apparatus.

6.55 NETWORK RAIL: There is no objection in principle to the proposal. Comments

and requirements for the safe operation of the railway and protection of Network Rail’s adjoining land.

6.56 FIELDS IN TRUST/SPORTS COUNCIL FOR WALES/SPORTS COUNCIL FOR

WALES: Is there any information available relating to the supply and demand of bowls and tennis facilities in the area?

Have any new similar facilities been provided in the locality in the last 10

years? We note there was a 5 year contribution to the bowling club to cover

members’ fees at a new location but is there going to be any other contribution made towards recreation facilities as part of the development?

6.57 GWENT WILDLIFE TRUST: No comments GLAMORGAN GWENT ARCHAEOLOGICAL TRUST: Section 4.4 Archaeology

of the Environmental Statement was written before an archaeological evaluation of the application area had been undertaken, however this has work now been completed and a report on the work submitted as a supporting document.

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6.58 The archaeological evaluation has demonstrated that the application area was the subject of considerable earth movement when the current factory and its associated car parking and yards were constructed. This work has removed all evidence of archaeological activity in the area. Consequently, it is unlikely that any archaeological features will be affected by the proposed development and therefore there is no need for any mitigation measures to protect the archaeological resource to be implemented during the construction of the proposed development.

6.59 DISABILITY ADVICE PROJECT: At this early stage, the key issue would be a

commitment to creating an accessible environment in all location, both for members of the public and for staff, for walking routes between locations easily used and for dropping off points for disabled people situated as close as possible to building entrances. We would wish to see use of site seating, covered walkways between linked locations and as small reliance as possible on active rather than passive (i.e. less on lifts more on ramps) means of joining locations. The lift near the cinema is a concern as external lifts are prone to vandalism and tend to break down more frequently.

6.60 CWMBRAN COMMUNITY COUNCIL: No objection 6.61 CROSEYCEILIOG & LLANYRAVON COMMUNITY COUNCIL: No objection 6.62 HIGHWAYS: I refer to your memo dated 18 April 2011 regarding the above

planning application. 6.63 The Transport Assessment (TA) submitted by the Traffic, Transport & Highway

Consultancy has been externally audited and I can confirm that albeit for a number of minor issues the TA is acceptable from a highway standpoint.

6.64 The development provides sufficient car parking provision and there will be a 3

hour limit in the car park which means that spaces will be available for short term shopping in Cwmbran Town Centre.

6.65 The proposal requires the stopping up of the northern end of Grange Road and

the TA indicates that this will have very little effect on traffic movements as a consequence.

6.66 One concern is the effect this proposal will have on the existing queuing that

occurs on Caradoc Road on the Saturday peak and occasions throughout the

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week. The audit did not highlight this issue as a particular problem because queues tend to be short lived and this proposal will not make the situation significantly worse.

6.67 There will be tactile refuge island crossings on all five arms of the Edlogan Way /

St David’s Road roundabout and the provision of a Toucan crossing across Edlogan Way to the Rail Station.

6.68 All works within the Public Highway will be the subject of a section 278

Agreement and the link Bridge must have Structural Approval in Principle prior to commencement of any works. A Walkway Agreement will be required to maintain private rights over the footbridge, lift and steps which will remain in the ownership of Morrisons.

6.69 I would not oppose the application from a highway standpoint, however I would

wish to see the following conditions attached to any grant of approval:-

1. Grampian Condition – Prior to commencement of works on site a Section 278 Agreement under the Highways Act 1980 must be entered into.

2. Grampian Condition – Prior to commencement of works to extinguish

Grange Road a Stopping Up Order under the Town & Country Planning Act 1990 must be in place.

3. Grampian Condition – Prior to commencement of works to extinguish

Grange Road, a footway must be provided along St Davids Road, from the pedestrian crossing to the main site entrance

4. Grampian Condition – Prior to opening the Retail Foodstore, the

Footbridge, Lift and Steps must be in place and be the subject of a Walkway and Flyover Agreement must be entered into and Structural Approval in Principle procedures carried out.

6.70 ENVIRONMENTAL HEALTH: It is recognised that a good deal of work has been

undertaken on this site, in so far as contaminated land investigation requirements. It may therefore be that some of the conditions below may be partially disgharged for sections of the site immediately.

6.71 The protection of controlled waters is regulated by The Environment Agency

(Wales). I would advise that the EA be consulted as to whether they are satisfied that the site investigation and remediation scheme are satisfactory in terms of protecting controlled waters.

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6.72 The Officer requested conditions relating to: -

1. an inestigation and risk assessment (in addition to any assessment provided with the planning application) shall be compledted in accordance with a scheme to assess the nature extent of contamination. In order to enable a proper assessment to be undertaken;

2. Upon completition of condition 1 a detailed remediation scheme and verification plan shall be prepared and submitted for approval in order to ensure that the development can be carried out safely;

3. Following completition of the remediation scheme a verification report should be produced and approved by the Council in order to ensure that the development can be carried out safely;

4. In the event that any contamination is found that was not previously identified it must be reported to the Council in order to ensure that the development can be carried out safely;

5. A monitoring and maintence scheme of the proposed remediation should be sumbitted to the Council in order to ensure that the development can be carried out safely;

6. Prior to commencement of development a scheme to investigate and monitor the presence of gases shall be submitted to the Council to ensure the safety of future occupiers;

7. Any topsoil or aggregate imported should be assessed for chemical levels or contaminats. Only material approved by the Council should be imported to ensure the safety of future occupiers;

6.73 PETROLIUM OFFICER: Does not object to the application on the basis that the

petrol tanks will be located below ground. Would be concerned if the petrol tanks were proposed to be located above ground given the close proximity of the site to Cwmbran Town Centre and residential properties.

6.74 LAND DRAINAGE: No drainage details listed in drawing register therefore no

comment. Site lies in the Indicative Flood Area for Torfaen and developer should be aware of possibility of surface water flooding.

6.75 ASSET MANAGEMENT: No comments 6.76 LANDSCAPE: I would request that additional tree planting is provided in the

development in respect of the store car park in order to break up the large area of tarmac. Additional trees could be planted along the service road, the curb line adjacent to the PFS and also increase the number of trees proposed.

6.77 In addition have SUDS been considered? The area of moan grass which runs

alongside the railway line could be used for this purpose.

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6.78 ECOLOGY: ‘I concur with the findings and recommendations as outlined in the

Habitat Survey and Protected Species Assessment. Although it is recognised that the site generally has a low biodiversity value I note one particular area of grassland that is of a higher value. It is also noted that the loss of this habitat is to be mitigated for elsewhere within the proposal. To ensure this mitigation is successful I recommend a condition is attached to planning approval requiring the submission of a translocation method statement and to include details of how the grassland will be managed afterwards.

6.79 No bats were found on site but the report highlights the possibility of protected

species being present within the gatehouse building. I therefore support the recommendation within the report of having a suitably qualified ecologist on site when the building is demolished. We will also need to attach our standard advice note reminding the applicant that ‘should bats be discovered during any phase of development then work is to stop and advice sought from Countryside Council for Wales (CCW) immediately’.

6.80 Finally, it should be noted that tree and shrub removal should only be removed

outside of the bird-breeding season. Bird breeding season runs from March to August’.

6.91 FOOTPATHS: No objection. 6.92 ARBORICULTURAL OFFICER: ‘Whilst I appreciate that a large number of trees

and hedges will have to be removed to facilitate the development, there are 2 cedars which I would like to see retained. These are tree number 51 and tree number 72, both of which are Cedars and match in with the mature ones both outside Llantarnam Grange and on the land alongside St Davids Road’.

6.93 ‘As there are some healthy Beech and Oaks programmed to be felled the new

proposed planting scheme should incorporate the same species as to maintain a similar overall appearance to the site and provide similar variety in the future’.

6.94 ‘The hedges to be removed provide valuable feeding and nesting sites for wildlife

so hedges of the variety and tree species should also be incorporated into the new planting to give adequate future habitat for wildlife’.

6.95 DESIGN COMMISSION FOR WALES: Discussion and Panel response in full: -

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‘Development of a movement and access strategy to connect this eastern expansion area to the Town Centre remains problematic and the Panel felt that detailed design issues remained unresolved as the scheme still exhibited aspects of an ‘out of town’ approach to what is essentially a town centre expansion, with a well connected pedestrian network’. ‘Vehicular access to Sites 1 and 2 remains a concern. Access to Site 2 via the existing roundabout may be difficult as this will be a busy feeder into the supermarket site. Access to Site 2 and the redevelopment factory, off the existing road network, remains problematic in attempting to balance the objectives of a pedestrian crossing with vehicular movements on what is essentially a ring road. The closure of Grange Road was viewed as a benefit to the Town Centre’. Attention was drawn to how best to detail the creation of the bridge from Site 21 to the cinema and how this would link to the Llantarnam Grange Arts Centre. The Panel felt that too little exploratory design attention had been paid to the way in which the two levels could work together. The focus has been on the bridge link being delivered in the Site 1 application without sufficient development of the design for Site 2 public realm and consideration of the interface with Llantarnam Grange across St Davids Road and into the Town Centre. Beyond the pedestrian connections, the public realm and specifically the public square proposed for Site 2 need to be reviewed in terms of size, orientation and most importantly, active frontage opportunities surrounding it. The Panel considered that these had not been adequately resolved and that a framework should accompany the outline application in order to ensure the delivery of the aspirations for the site’. ‘A lack of built form and frontage to St Davids Road was identified and considered together with the location of the Morrisons store. The Local Authority commented that they had concerns about moving the proposed store as it would restrict the view of Site 2 from the roundabout. They also considered that the position of parking to the west of the Site would assist with ongoing parking constraints in the area’.

7. PUBLICITY 7.1 ADVERTISMENT: Advertised in local paper on ?? April 2011 under Article 8 of

the Town and Country Planning Act (General Procedure) Order 1995.

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7.2 SITE NOTICE: Site Notices were displayed adjacent to Edlogan Way footpath (within application site), adjacent to footpath on Caradoc Road, pedestrian crossing on St Davids Road and adjacent to the junction between St Davids Road/Newgale Row On 12th May 2011.

7.3 NEIGHBOUR CONSULTATIONS: Stagecoach in Wales; Oak Tree Motor

Company; Cwmbran Centre for Young People; Mint Blue C/O John Ives; Llantarnam Grange Arts Centre; Crane Process Flows Technologies; Alfa Laval C/O Alder King; Carillion Richardson; Sainsburys C/O WYG; Lidl; Aldi; Lufthansa Resource Technical Training Centre; Frankie & Benny’s; Curves, Mr Jones Restaurant; Tiffins Restaurant; Zoopadoopa; Vue Cinema; Bowlplex; 1 & 2 St Davids Road; 2,4,6,8 & 10 Redbrook Way; 1, 2, 3, 4, 5, 6, 7 and 8 Newgale House Newgale Row; 1, 3, 5, 7, 9, 11, 13, 15 & 17 St Arvans Road; 1, 2, 3, 4, 5, 6, 7 & 8 Redbrook House, Redbrook Road; 1A – 20D, The Tower; Pantry Shop, The Tower; Stores At Former Boiler House, The Tower; Caretakers Flat, The Tower; 1 – 24 Plas Craig; 2, 4, 6, 8, 10 & 12 Turberville Road; 2, 4, 6, 8, 10 & 12 Isca Close.

8. REPRESENTATIONS RECEIVED 8.1 PRUDENTIAL PROPERTY INVESTMENT MANAGERS (C/O GL HEARN):

Please note the full consultation response is contained in Appendix ? 8.2 Summary of PruPIM’s Representations dated 25th May

PruPIM support the comprehensive regeneration of the AM site, primarily to secure ArvinMeritor manufacturing operation in Cwmbran;

Concerned about the policy basis for the development of any part of the site for retail purposes;

There is no planning justification for allocating or allowing retail use outside the town centre boundary unless it can be proved that this is the only use which will secure a comprehensive regeneration scheme;

The submitted planning application includes little or no substantive information on the proposed phasing/delivery of the scheme;

In relation to Site 2, PruPIM consider that the information submitted in support of the application is insufficient to satisfy the requirements for an outline application, especially as the applicant is seeking to define parameters.

We note that the planning policy which has been used to justify the application is, in several places, out of date and misleading.

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The applicants Planning Statement and Retail Statement is very light in analysis and the key weakness of the application is in PruPIM’s view the absence of any robust assessment of the fundamental planning policy provision relating to the site;

The applicants have not properly addressed the fundamental policy issue which is set out in emerging Policy SAA1 that the retail element of the proposals is only justified on the basis that it provides a high value to enable the delivery of a comprehensive regeneration of the ArvinMeritor site, including the retention of the factory;

The application fails to make the explicit point that the retail is only justified on the basis of the overall regenerative benefits of the whole scheme. This issue is not properly addressed in the application;

The Planning Statement at paragraph 1.09 suggests that the application is led by the requirement to provide accommodation for the Morrisons foodstore rather than a comprehensive redevelopment of the site with the foodstore representing just one element;

Further, there is little or no substantive information on the proposed phasing/delivery of the scheme. On the face of it ArvinMeritor could stop at Phase 1 and do no more – or worse could pull out of the remaining site and seek alternative uses later;

PruPIM does not consider there is any basis for arguing the justification for retail on the ArvinMeritor site as a stand-alone retail store. The applicant has sought to argue that there is a retail case for the development, without the consideration of the wider comprehensive development of the site. PruPIM disagree with this approach;

The Planning Statement relies on policies set out in documents which are now considered to be out of date, especially with regard to concentrating retail within town centres in the first instance rather than edge of centre or out of town;

The LDP should not provide any basis for enabling retail development outside the Town Centre Boundary (including within adjacent Strategic Action Areas) in preference to development within the boundary. This is compatible with the policy approach identified in Policy SAA1 in the Deposit LDP, that the application site is not suitable for retail as a stand-alone site, but as part of a wider comprehensive scheme;

PruPIM disagree with the applicants interpretation of the strategy in the emerging LDP which seeks to expand Cwmbran Town Centre. There is no suggestion in the LDP that the Town Centre should be expanded in physical terms;

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Overall the applicants approach in the Retail Statement has been to justify the development of a supermarket on the site yet the site has been allocated in the Deposit LDP for comprehensive regeneration;

Safeguards will need to be put in place that secure the retention and expansion of the ArvinMeritor facility as part of the delivery of a comprehensive scheme;

PruPIM does not agree that the ArvinMeritor is suitable as a stand-alone retail site to meet the identified need. These needs should be met in the first instance within the Town Centre Boundary;

In policy terms the Town Centre is the preferred location for retail. With this in mind PruPIM disagree with the statement in paragraph 4.13 of the applicants Retail Statement that there is not sufficient physical room to accommodate a foodstore within the Town Centre. The applicants have dismissed potential Town Centre opportunities on the basis that they do not meet the applicants required criteria. It is evident that Morrisons requirements are completely incompatible with a town centre location so in the context of the inflexible criteria set out by the applicant in PruPIM’s view it would be impossible for these requirements to be met in a town centre situation;

PruPIM’s architects Haskoll’s have reviewed the 2 sites assessed by the applicants and have concluded that both sites could accommodate a store of the size proposed in the application, albeit with a different car parking configuration. Flexibility on car parking is essential in a town centre location;

PruPIM is not aware that the application is personal to Morrisons, therefore, it is essential that conditions are attached to any planning permission granted restricting the level of floorspace dedicated to non-food goods;

The applicants have sought to address the need to fully integrate with the Town Centre by proposing an extension to the footbridge located adjacent to the Leisure @ Cwmbran complex, introducing traffic calming measure on St Davids Road and introducing a site layout including new A1/A2/A3 retail units which seek to maximise linkages with the Town Centre. However, the scheme cannot address the change in levels between the Town Centre and the application site and visibility will not be improved ;

PruPIM is not convinced that a retail development on the application site could ever integrate fully with the Town Centre given the distances involved, the change in levels and lack of visibility/connectivity, in PruPIM’s view, only by locating the store closer to the Town Centre Boundary, for example, immediately opposite the land occupied by the Grange Arts Centre, could there be any resemblance of true connectivity;

The distances between the entrances to the proposed foodstore and existing Cwmbran Town Centre is significant and likely to be too far to be feasible for

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many pedestrian users. The design of the proposed footbridge will discourage linked trips and the use of the proposed car park by town centre users, severing the application site from the Town Centre;

The visual connections between the application site and the Town Centre are very weak. Further, the significant level change obscures any view of the Town Centre, especially with the apparent lack of way finding proposed as part of the application;

In terms of the design of the footbridge itself, the stairway leading to the proposed footbridge is poorly protected from weather conditions, as is the entire route to the foodstore site. The shelter provided at the top of the stairway will offer little protection from side winds;

The design of the stair is very basic and does not attempt to create a strong identity or attractive gateway for the development. As a linear stair with 37 steps, it does not comply with Building Regulation Standards and represents a hazard. In addition, the lift as shown does not appear to be DDA compliant;

The width of the stair and bridge link will not give the opportunity for other uses and activity on this route. The bridge link is not the full width of the existing walkway in front of the Leisure @ Cwmbran complex which restricts the desirability of the walkway. In addition, with the stair core being approximately 2m wide and a small passenger lift, the pedestrian flow will be unnecessarily limited to and from the Town Centre;

PruPIM are concerned with the application scheme that proposes the foodstore to be located at the eastern edge of the site does not encourage as many linked trips with the Town Centre;

PruPIM do not agree that the proposed A1/A2/A3 retail units will encourage links with the Town Centre. Simply including 2 further small retail units does not result in an integrated scheme as these units will function with the foodstore, rather than the Town Centre;

It is unclear how the proposed A1/A2/A3 units will be serviced. In addition the solution for waste management of these units appears unresolved and there is no clear storage area;

The proposed buildings do not appear to offer a coherent strategy for creating a positive public space. Each site appears as a separate design that does not respond to the others or their surrounding context. The final design has settled for something much more segregated and self contained;

There is an absence of a lighting strategy for the proposal; There is no clear signage strategy to encourage connections; There is little natural surveillance of the pedestrian link; PruPIM’s overall conclusion in terms of design is that the application

proposals will not integrate with the Town Centre. The foodstore will act as a

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stand-alone retail store and the linkages proposed will not encourage linked trips with the Town Centre;

The applicants argue that the proposal is compliant with Policy SAA1 in the Deposit LDP by meeting each of the 6 regeneration objectives set out in the Policy. However, it is PruPIM’s view that the supporting documentation provides little evidence of how these objectives are met. It is PruPIM’s view that the objectives will only be achieved if appropriate phasing conditions are imposed on any planning permission;

The weight to be attached to the LDP and its evidence base is limited as it has not been tested via a full Examination In Public with an Inspector;

Whilst the supporting ES is considered to be sufficient, there are however, certain deficiencies in relation to the statutory and advisory requirements for ES’s.

8.3 Summary of PruPIM’s Representations dated 22nd June made following

amendments to the application (Please note the full consultation response is contained in Appendix ?)

PruPIM continues to have concerns about the proposed development in

terms of the principle of retail development on this edge of centre site; PruPIM continues to have concerns about the mechanism proposed to secure

the comprehensive delivery of the redevelopment of the ArvinMeritor site for the uses proposed;

No further clarification has been provided by the applicant on the issues identified by PruPIM in relation to the form and content of the planning application as identified in the response dated 25th May;

Seek clarification if there has been an update on the Retail Assessment or if the document still forms part of the application? As a consequence PruPIM’s comments on retail need, sequential test, impact and access, regeneration objectives and allocation of the site in the emerging LDP still remain valid as identified in the response dated 25th May’

PruPIM have not been provided with any response to the issues raised in respect of the ES;

The weight to be attached to the emerging LDP and Policy SAA1 is overstated by the applicants;

The reference to ArvinMeritor ‘would like to remain on site’ is of concern to PruPIM as it does not show full commitment and suggest that leaving the site is a real possibility;

PruPIM does not consider that the pedestrian links are good or reasonably good;

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PruPIM is concerned about the lack of commitment to secure the delivery of a public square in this location which if left to the market is unlikely to be delivered at all. Such an important part of the comprehensive development must be secured, at the very least, via a positive obligation on the owner to provide a new public space/square as part of the development;

PruPIM does not agree that the new store with the proposed A1/A3 units will ‘function as an extension of the Town Centre’;

It is PruPIM’s view that the site will not be integrated with the Town Centre simply by the removal of some trees;

No scheme has been designed for Site 2 and there is no commitment in the application to secure the delivery of this key part of the development. PruPIM are very concerned that Site 2 will not be delivered in a timely manner and there is a real chance that even if the new ArvinMeritor facility and the foodstore were delivered, that Site 2 could remain vacant for many years. Worst still, the absence of commitment to develop Site 2 could result in pressure being brought to bear to develop the Site for alternative uses including further retail floorspace which would be of great concern to PruPIM;

PruPIM disagrees that the policies contained in the Gwent Structure Plan and the Torfaen Local Plan ‘largely reflect national guidance on retailing and town centres’;

PruPIM still considers the planning policy justification for the proposals set out by the applicants to be incomplete and weak as no analysis of the adherence to the policies in PPW and thus the proposals have not been tested against the sequential approach set out in PPW and PruPIM have provide evidence that there are sequentially preferable sites located within the existing Town Centre Boundary;

PruPIM are concerned about the scheme delivery option that suggests a scenario where ArvinMeritor may leave the site. This raises concerns that ArvinMeritor are considering leaving and secondly that commercial development as opposed to or as well as employment development could occur. The only commercial development that is not employment development is retail development and PruPIM would have a fundamental objection to the development of any part of the site for retail purposes in the event that ArvinMeritor leaves the site;

The future responsibility for maintenance of the bridge link is ambiguous; PruPIM considers that the S106 agreement should require Phase 2, 2A and

2B to be completed before the opening of the foodstore. This is on the basis that the applicants suggest that Phase 2B will be undertaken broadly in parallel with Phase 2A. PruPIM’s view is that the opening of the foodstore should not take place until ArvinMeritor have installed and are operating the

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new manufacturing equipment to the satisfaction of the Council and thus committed to the development of Site 3;

PruPIM are concerned that the proposed phasing/obligations as set out in the Revised Planning Statement do not place sufficient emphasis on the importance of securing the redevelopment of Site 2 together with its associated benefits is fundamental element of the development of a comprehensive scheme for the ArvinMeritor site;

PruPIM considers that the Council should require not only the clearance/release of Site 2 for redevelopment but that this should include its remediation. As such, it should be clear that the sum of money to be deposited with the Council to pay for the remediation works should cover the remediation of Sites 2 and 3 in both scenarios of stay or leave;

In the absence of a positive obligation on ArvinMeritor to remediate Site 2 to enable its redevelopment, there is a real danger that either no development takes place, thus leaving a significant gap site in an important regeneration area, which will provide no public benefit, or that there would be pressure to secure high value uses such as retail use to be developed on Sites 2, in order to secure the regeneration of the site;

PruPIM are concerned that the leave scenario is presented in the Revised Planning Statement as an equally likely outcome rather than a fall back;

There is ambiguity in the draft Heads of Terms regarding the Commitment Sum. PruPIM considers that the Sum should be split into 2 Sums, one for remediation and one for the manufacturing equipment;

The Sums agreed must be clearly demonstrated to cover all the costs associated with first the full remediation of Sites 2 and 3 and second the full costs relating to the manufacturing equipment and each element should be ring fenced;

8.4 ALFA LAVAL C/O ALDER KING: Object to permission being granted unless they

receive appropriate assurances on the following details either directly or subsequently in relation to revised/additional plans or details: -

1. In order to protect Alfa Laval’s interests ‘it will be important that site levels,

surface water drainage, landscaping and means of enclosure details are agreed. We have reviewed the application and cannot find any cross section or appropriate boundary detail and such should be provided’. In addition assurances must be received that ‘no surface water will be discharged towards their boundary and that their tenants existing or their own potential redevelopment options are not prejudiced by this development’.

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2. ‘Concerned that there is no legal requirement of formal mechanism for third party consultation to take place in relation to details submitted pursuant to imposed planning conditions or for any duly submitted representations to be taken into account. This is a concern. Therefore, my clients lack of objection in principle on this point is caveated on receiving a written assurance that they will be formally consulted in respect of any submitted construction environment management plan or any other details submitted pursuant to conditions in respect of hours of operation, surface water drainage, levels, landscaping (including means of enclosure), light or noise or the remediation of contamination (including the migration of potentially contaminated groundwater)’.

3. ‘Accepts that flood risk is not a reason why this should be resisted, my client does object to any positive proposals to protect the application site at the potential increased risk to my clients land. In this respect the FCA conclusions at 8.3 and 8.3.2 are somewhat vague, yet this is the basis for a positive flood attenuation zone that directs flood water south. Risk to my clients land, albeit perhaps small, is conveniently dismissed as within the limits of model accuracy yet the simple physical protection measures proposed would direct any flood water to the application boundary and my clients land. This is not acceptable and my clients requires that physical measures are devised to temporarily or permanently store or divert floodwater within the application site and that they are given a consequent assurance that there will be no increase in the probability of flooding to their site as a result of this development’.

8.5 OCCUPIER OF 1 REDBROOK HOUSE: My concern with this development is in

relation to the increase in traffic, both delivery and customer from the southern end of Cwmbran. The plans I viewed were a little unclear as to the flow of traffic from this direction.

8.6 The amount if traffic along St David's Road is already almost constant throughout

the day and the noise is also a problem due to the proximity of the road to the building. Heavy goods vehicles are also a problem and the vibration caused can be felt inside the house. I feel this will only be exacerbated should goods deliveries use this road to the new development.

8.7 LLANTARNAM GRANGE ARTS CENTRE: Llantarnam Grange Arts Centre does

not wish to lodge any opposition to the application.

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8.8 SAINSBURY’S SUPERMARKETS LTD: We object to the application for a foodstore and other town centre uses, as proposed under planning application 11/P/00101. Our objection relates specifically to the application for ‘a Morrisons retail foodstore, petrol filling station, two A1 – A3 units and 500 space customer car park’ (i.e. Area 1 as defined by the applicants). We therefore object on the below grounds:

The application fails the sequential test (which it is required to meet by Planning Policy Wales);

There is no need for the proposed foodstore in Cwmbran; The development proposed does not accord with prevailing planning

policy, and; The proposed development prejudices the consideration of the

emerging Torfaen LDP at examination and is premature in respect of this emerging document (prematurity).

8.9 Sainsburys full consultation response can be found in Appendix ? 8.10 Deposit LDP Comments

8.11 CCW : CCW also commented on the allocation of the site as part of the Eastern Strip Central SSA1 in the Deposit LDP and made the following comments as part of the consultation period on the Deposit LDP: ‘SAA1 Eastern Strip Central Strategic Action Area, Cwmbran - In line with previous advice to the Council on the need for habitat connectivity and urban green space within the site, we recommend that the policy is amended to incorporate improved linkages to urban green space and for habitat connectivity. (To meet ToS C2 ad CE1’).

8.12 GL HEARN: Summary of Representations

PRUPIM generally supports the overall direction of the plan which supports the role of Cwmbran Town Centre as a sub-regional centre and seeks to direct new retail development and other appropriate town centre uses to the town centre. PRUPIM does however object to the proposed wording of some of the policies and supporting text within the Plan, both in terms of the Retail and Town Centres policies and those relating to the Strategic Action Areas, in particular Policy SAA1 which relates to the Eastern Strip Central Strategic Action Area (‘SAA1’). We thus conclude that the Plan should be regarded as ‘unsound’ for the purpose of Section 20(5)(b) of the Planning and Compulsory Purchase Act 2004. A table

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has been included at each section confirming which paragraphs and policies are considered to be unsound. The basis of PRUPIM’s objection to the Plan is as follows:

1. The Town Centre can accommodate all of the comparison and convenience floorspace within the plan period, as confirmed by the Torfaen Retail Study 2010 Update, GVA, January 2011 (GVA Study). In addition, evidence is provided by Haskolls as an appendix to this letter.

2. Policy RLT1 confirms that there is no need to extend the boundary of the

town centre within the plan period.

3. As such, there is no justification in retail terms for the development of any other non-town centre site, including the Eastern Strip Centre SAA for retail purposes.

4. PRUPIM recognise the need to retain the Arvin Meritor manufacturing and employment facility and the policy basis for achieving this is through the comprehensive development of the Eastern Strip Centre SAA1.

5. PRUPIM is not convinced that the Commercial Assessment of Cwmbran Town Centre Expansion, Eastern Strip Central SAA1, CBRE, February 2011 (CBRE evidence base) satisfactorily demonstrates that retail is the only high value use to secure the necessary value to comprehensive re-development. Alternative uses such as residential and offices, or alternative layout options, have not been satisfactorily considered.

6. Notwithstanding point 5, if it is successfully argued that retail is the best use for the Eastern Strip to achieve comprehensive redevelopment then the policy to secure the approach must be robust in securing the delivery of the whole site for development in a comprehensive manner.

7. Even in this situation there is still no justification for retail, as a stand-alone proposal, on any part of the Eastern Strip Central Action Area (SAA1).

8.13 SAINSBURY’S SUPERMARKETS LTD: Summary: The SAA1 "Eastern Strip Central Strategic Action Area" allocation for a 3,317

sqm (net) foodstore is contrary to the Council's own evidence base, and national and local policies. The foodstore allocation on SAA1 should also be fully justified in sequential terms in accordance with PPW. This is currently not the case and

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RLT2/1 represents a much more appropriate (and sequentially preferable) town centre location for foodstore development. The LDP is therefore unsound.

Local Development Plans Wales (para 2.1) requires that allocations/policies are

underpinned by comprehensive and credible evidence and that only in "exceptional circumstances" would a deviation from national policy be acceptable and only when this is supported by "robust evidence" (ref Local Development Plans Wales para 2.2).

Neither such considerations apply to the SAA1 foodstore allocation, which is

contrary to the LDP's evidence base. In addition, the sequential reasoning behind the allocation of retail uses on SAA1

(location outside of Cwmbran Town Centre) has not been justified (as is required by PPW). There does not appear to be a robust case that the town centre uses proposed within SAA1 could not be more appropriately/sequentially accommodated within Cwmbran Town Centre.

Finally, the 3,317 sqm (net) foodstore component of SAA1 is 'too large and/or too

soon' and, for the plan to be made "sound", this element should either be:

1. Significantly reduced in scale, to accord with the level of need assessed to exist by the Council's evidence base (1,943 sq m - 2,335 sq m at 2011, rising to 2,378 sq m net - 2,858 sq m net by 2021); or 2. Is removed from the SAA1 allocation for the LDP period (up to 2021)

Prior to 2021, there is no identified capacity for a store of this size in Cwmbran. 9 ASSESSMENT AND CONCLUSION

INTRODUCTION

9.1 The proposal comprises three key elements, which are fully detailed in this report:

Site 1: the development of a foodstore with associated petrol filling station, including entrance linkages to the town centre and two A1/A2 units. Site 2 : mixed use development comprising of offices, hotel, bar/restaurant and car park.

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Site 3 : refurbishment of the ArvinMeritor factory on a reduced footprint.

9.2 As indicated in the Background section to this report at the outset of negotiating with ArvinMeritor/Morrisons regarding the submission of this planning application it was made clear to the applicant that any proposal submitted must, amongst other considerations, comply with the following requirements

1 The scheme should comprise a comprehensive redevelopment proposal for

the whole site that is demonstrably deliverable. 2 The design of the scheme should include significantly improved linkages

between the site, the railway station and the town centre. 3 Any retail development proposed on the site must be fully justified.

9.3 In order to assess these issues and consider whether they have been sufficiently

addressed in the submitted proposal this Assessment will consider the proposal against the following considerations:

1 POLICY AND PRINCIPLE OF DEVELOPMENT: Since the development

proposed on each of the three sites, comprising the application site, is different in terms of end use, this Assessment considers the sites in turn

2 IMPACT OF THE DEVEOPMENT: The impacts identified in the Environment Assessment are considered across the site as a whole.

3 DELIVERABILITY OF THE DEVELOPMENT: This is considered across the whole site

POLICY AND PRINCIPLE OF DEVELOPMENT 9.4 It should be noted that Prupim are, in their representations, critical of the

applicant’s Policy and Retail Assessments. As indicated, throughout this report, officers, in assessing this application, have largely relied upon the CBRE and GVA Studies. CBRE were commissioned by the Council and Welsh Government to undertake a Commercial Appraisal of the Eastern Strip. The GVA study was commissioned by the Council to consider retail and leisure issues in the County Borough,provide an evidence base for the Deposit LDP and, given the potential immediate issues in Cwmbran Town Centre, were instructed to provide specific and more detailed advice in this regard.

Site 1: The Foodstore and A1/A3 Use 9.5 Whilst the Torfaen Local Plan and Gwent Structure Plan comprises the

Development Plan against which to consider this application, the most up-to-date national policy is provided by Planning Policy Wales (PPW) published in

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2011 which states, at paragraph 10.3.1 that when determining planning applications for retail purposes, account should be taken of the following (relevant matters only cited) :-

1 Compatibility with up-to-date development strategy 2 Need for the development 3 Sequential approach to site selection 4 Impact on existing centres 5 Accessibility 6 Best use of land close to transport hub

9.6 Each of these issues will be considered in turn in terms of the Development Plan

and other planning policy considerations: Compatibility of up-to-date development strategy 9.7 As indicated above, the Development Plan comprises the Gwent Structure Plan

(1996) and the Torfaen Local Development Plan (2000). The Structure Plan and Local Plan Policies are set out in the Policy Section to this report. The main thrust of Structure Plan Policy is to encourage improvements/development within existing town centres. In terms of out of centre retail criteria are identified against which such development should be gauged which reflect, in part, those identified in PPW. Retail development on industrial sites is discouraged when a sufficient supply of such land exists.

9.8 The retail policies in the Local Plan are reflective of Structure Plan policy.

Important differences exist between the Development Plan and National Policy, for example, the requirement for the sequential test.

9.9 In terms of the Torfaen Local Plan, it is important to note that the town centre

boundary identified in this plan is the same as that identified in the Deposit LDP. The Development Plan and Deposit LDP recognising that the largest part of the projected retail floorspace identified by GVA (see para 1.14 to 1.20) could be accommodated within this boundary by redevelopment and/or expansion into areas not currently used for shopping purposes.

9.10 As indicated in the Policy Section to this report the application site is allocated as

a Strategic Action Area (SAA1) in the Deposit LDP which allocates the site largely for the uses identified in this planning application. This includes a foodstore. PPW states at para 2.6.2. that the weight that should be attached to an emerging draft Deposit LDP will generally depend on the stage it has reached

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but does not simply increase as the plan progresses. In considering what weight to attach to specific policies in an emerging LDP that apply to a particular proposal, the local planning authority needs to consider carefully the underlying evidence and background to the policies.

9.11 As indicated in the Background Section to this report the development of the

Deposit LDP policy for this site has been subject of considerable investigation and research, which has culminated in its allocation. The foodstore element of the proposal, as set out in the Background to this report, is the economic driver that enables the economic regeneration of Sites 2 and 3. Furthermore, the development of a foodstore at this location does not undermine overall retail strategy aspirations identified in the Development Plan nor the Deposit LDP. It remains central to each of these plans that the bulk of new floorspace projected by GVA should be accomodated within the existing Town Centre boundary. Paragraph 9.19.3 of the Deposit LDP states “In order to implement the retail strategy of development taking place with Cwmbran Town Centre the land identified in RLT2/1” (see para 5.7) “is considered suitable for large scale comparison retail development. The location identified should be regarded as that where the Council considers that the demand for large scale retailing should be met”.

9.12 WYG, on behalf of Sainsburys, hereafter referred to as Sainsbury, objects to the

foodstore element of the proposal on the grounds of prematurity whilst Prupim expresses concerns at the evidence base for the Deposit LDP that led to the allocation of SAA1. They state the proposal is significant in scale and that granting planning permission would predetermine consideration of retail provision and phasing.

9.13 PPW states at para 2.6.3 “refusing planning permission on grounds of

prematurity may be justified in respect of development proposals which are individually substantial or whose cumulative effect would be so significant that to grant planning permission would predetermine decisions and the scale, location and planning of new development which ought to be taken in the content of the LDP. Refusal will therefore not usually be justified except where a proposal goes to the heart of the plan”. As indicated above the floorspace represented by the foodstore represents a proportion of the retail floorspace projection identified by GVA as the basis for forecast in the LDP. The main thrust of retail policy is (through the LDP) and will be (through the Development Plan) to locate new floorspace within the existing town centre boundary. No evidence has been presented that allowing this planning application will undermine this strategy.

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9.14 In terms of the evidence base, it is considered that the work completed by GVA

and CBRE (see Background Section) provides satisfactory information against which to consider this planning application and an adequate evidence base for the Deposit LDP.

The Need for the Proposed Foodstore 9.15 Sainsburys question the need for the proposed foodstore. They state in

qualitative terms, it is clear that there is no current need for the foodstore being proposed. Whilst the GVA study states there “is little sign of an overall significant qualitative deficiency in convenience floorspace provision”, it does recognise the existing superstores (Asda and Sainsburys) are significantly overtrading but the introduction of new floorspace by a currently unrepresented operator would increase competition and consumer choice, thereby improving qualitatively the retail offer. Furthermore, GVA recognises that the development of a new foodstore at the location proposed in this application, could provide significant benefits outside the recognised retail planning tests.

9.16 In qualitative terms the GVA study identifies that, based on Morrisons being the

foodstore operation, the retail capacity in Cwmbran for convenience goods is 2335sq.m (net) by 2010 and 2480sq.m (net) by 2016. The total floorspace in the Morrisons store dedicated to convenience floorspace will be 2488sq.m (net), only 153sq.m more than 2010 projection.

9.16 In the light of this there are no grounds upon which to refuse the application on

the basis of there being no need for the development. The Sequential Test 9.17 Paragraph 10.2.11 of PPW states where a need is identified for new retail

development, the sequential test should apply. First preference should be given to town centre locations.

The Foodstore 9.18 Neither the Torfaen Local Plan nor the Gwent Structure Plan make reference to

the sequential test. In planning terms the Torfaen Local Plan does define the boundary of the town centre. It is proposed that the foodstore is located outside the boundary of the designated town centre, as such, the foodstore must be

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considered against the sequential policy set out in PPW. The GVA study states the site occupies an “edge of town” location, but only if the site is adequately linked to the Town Centre. This is accepted. Furthermore, GVA state there is a sequentially preferable site in the town centre. Again, this is accepted.

9.19 Prupim, in their submission, state that they have provided detailed evidence that

there are sequentially preferable sites located within the town centre boundary. In particular the following sites, within the town centre, are identified by them Cwm 1 and Cwm 2: Similarly Sainsbury state Cwm 2 is a sequentially preferable site (see Appendix 3 and 4).

9.20 Cwm 1, in its totality comprises a functioning part of Cwmbran Town Centre,

whilst Cwm 2 does in part, but also includes part of Glyndwr Road, The Grange Multi-storey Car Park and the green area to the north of this car park and Llantarnam Grange.

9.21 The Background Section to this report sets out the discussions that have taken

place between Council officers and Prupim regarding masterplan proposals for the eastern side of the town centre. Whilst negotiations commenced in 2008 no detailed negotiations have taken place since the end of 2009 (See Background Section). In May 2011 Prupim submitted a further Masterplan proposals (largely encompassing CWM 1 and Cwm 2) as part of their representations of the LDP.

9.22 Whilst Council officers and GVA have expressed concerns whether the eastern

side of town has the capacity to accommodate the floorspace need, convenience and comparison, identified in the Deposit LDP, this location has strong potential to accommodate the bulk of this need. The Deposit LDP identifies an area largely corresponding to Cwm 1 and Cwm 2 in Policy RLT 2. As yet, however, no substantive details for proposals for the eastern side of the town centre have been forthcoming.

9.23 The Chief Officer Planning and Public Protection wrote to Prupim on 8 January

2010, informing them that the preliminary findings of the CBRE were that an employment led use development, including a retail store, may be the only commercially viable option for the comprehensive regeneration of the Eastern Strip. And that the Council considered the redevelopment of the Eastern Strip for the uses outlined was significant to the regeneration of the Strip itself, the town centre and Cwmbran. On the basis of this, the Council informed Prupim that it would continue negotiating with the owners and preparing an evidence base that could potentially support such a proposal. This has resulted in the submission of

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this planning application. 9.24 The Council, therefore, have been clear that, satisfactory opportunities that may

exist on the Eastern Strip to accommodate the foodstore hinge upon it acting as an economic driver for the regeneration of the wider Arvin Meritor site and that significant improvements to the linkages between the site and the town centre would be necessary. This report has illustrated that the application meets both these requirements. It is considered that the economic benefits that flow from the whole proposal linked to the enhanced linkages with the town centre outweigh the potential benefits that would arise from the location of the foodstore in the town centre. Indeed the proposal, if fully realised, would provide significant benefits. The levels of employment proposed, for example, would introduce spin off spend by employees in the town centre.

The A1/A3 Units 9.25 This application originally proposed the development of two A1/A2/A3 units

adjacent to the link between the Morrisons store and the town centre. The potential uses have been since ammeded to A1/A3. The total floorspace of these units combined is 279 sq. m (gross).

9.26 Both Prupim and WYG object to the development of these units principally on the

grounds that they are outside the town centre boundary and sequentially, there are available units in the town centre that could accommodate future occupiers of these units. Prupim further consider the units will not encourage linkage due to lack of critical mass, the viability of the units is questioned and that they could become a destination in their own right.(like fast food units on out of town retails parks). Furthermore design and servicing arrangements are questioned.

9.27 The floorspace associated with these units is small. Whilst it is accepted that

sequentially suitable units exist and may become available, it is considered the development of these units will reinforce linkages and that this will offset any limited effect they might have upon the town centre.

9.28 In terms of the other issues raised, increasing critical mass would inevitably

mean increasing floorspace which is Prupims principle objections. Whilst the units may become destinations, this will, in itself, increase activity at this location. In terms of the servicing of the units the highway officers have offered no objection to the proposals.

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9.29 It should also be noted that it is proposed to attach conditions in respect of these units that would prevent their subdivision and limit the use of the floorspace to 50% A1 and 50% A3. This will ensure that a unit of a scale likely to compete unacceptably with the town centre would not result.

Impact on existing town centres 9.30 GVA state in their study that a foodstore on the application site has “good

potential to contribute to the vitality and viability of the town centre, through enhanced retail offer, employment, expenditure retention and public transport accessibility but without integration the site is likely to have a detrimental effect on vitality and viability of the town”. This reflects in some part, Prupim’s concerns which can be summarised:

1. It is essential that planning permission is conditioned in terms of the level of

floorspace dedicated to non-food goods; and 2. The impact will be determined by the quality of linkages between the

application site and the town centre 9.31 Sainsburys argue that Cwmbran remains a very healthy, viable centre due to the

fact that previous large foodstore developments integrate into the fabric of the town centre. They state the foodstore proposal is not in close proximity to the centre which will reduce the propensity for linked trips.

9.31 A central principle underlying the Council’s support for this planning application,

and in particular the inclusion of a foodstore, is that linkages between the site and the town centre are significantly improved. Indeed, GVA advise that if these linkages can be improved the effect would not only limit impact but also introduce a range of wider benefits to the town centre, not least the jobs centred on the Eastern Strip would give rise to increased expenditure in the town centre.

9.32 The improvements to the linkages with the town centre are an integral part of this

planning application (see below). 9.33 Furthermore, the need section of the Assessment (see above), illustrated that the

principle foodstores in Cwmbran, Sainsburys and Asda are over-trading and that it was GVA's view the introduction of a new foodstore would increase competion and consumer choice subject to the link improvements. Prupim’s concern that the level of floorspace dedicated to non food goods is conditioned is agreed and an appropriate condition is included.

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Accessibility : Linkage with the Town Centre

9.34 This section covers the linkages between the site and the town centre particularly in terms of pedestrians. All mode transport links serving the whole of the site are considered in a following section of the assessment

9.35 One of the key issues arising from this application and, indeed, highlighted in the emerging LDP and previous discussions with potential developers is whether the proposed food store will successfully integrate with the Town Centre. Integration will need to be realised in terms of the visual connection with the Town Centre and the nature of the physical links between the two. GVA, in their report state:

“Without the integration that the development of an extended site could deliver, and the wider significant benefits to the town centre it would achieve, the site cannot be considered a truly (and sequentially preferable) edge of centre location.”

9.36 In their representations both Prupim and Sainsbury have raised concerns about the linkages of the application site with the town centre. In addition, the application was presented to the Design Commission for Wales (DCfW) who also raised issues in respect of movement and access strategy.

9.37 Prupim and Sainsbury argue that although the site could be considered as edge

of centre in geographical terms, it is perceived to be much more distant because of the level changes and the visual barriers of the dense foliage and the Vue Cinema building. In addition, pedestrian connections are very poor because of the need to cross St. David’s Road and walk the significant distance between the town centre and the entrances to the food store via steps or a lift. True connectivity, they argue, could only have been achieved by positioning the store closer to the town centre boundary.

9.38 The DCFW considered that the differing levels within the site and between the

site and town centre made movement and access problematic and this had not been fully resolved in the design of the scheme. In their view the scheme exhibited aspects of an ‘out of town’ approach.

9.39 TAN 4 Nov 1996 defined an ‘edge-of-centre’ site as one which is within easy

walking distance of the centre, normally not more than 200 – 300 metres from existing town centre shops. The entrance to the proposed Morrisons store is located just less than 200 metres from Glyndwr Road beyond which is the bus station and shops. However, it is acknowledged that there are several existing

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constraints which have made a strategy for connectivity problematic. These are:

1. The application site is at a significantly lower level to the town centre

2. St David’s Road is a busy main distributor which separates the application site from the town centre.

3. There is a substantial belt of trees along the western boundary of the site adjacent to St David’s Road which largely screens the site from the town centre.

9.40 The original application by Morrisons for a retail store on ArvinMeritor’s northern car park (ref: 09/P/00181) was considered unacceptable as it did not contain proposals for comprehensive development nor did it satisfactorily address connectivity and integration with the town centre. Prior to the submission of the current application, there were significant discussions with the developer/owner in relation to these issues. During these discussions certain principal points emerged as follows:

1. The main pedestrian link into the application site should be via the high level

walkway alongside the leisure complex and should incorporate a lift facility. The provision for a connection was negotiated when the application for the leisure complex was considered.

2. The existing landscaping was a longstanding and characteristic feature of the town centre and should be retained and enhanced where possible, particularly to help reduce the impact of the proposed parking area but removed where it would increase visibility.

3. The parking area for the proposed store should be available for shoppers of the town centre and visitors to the leisure complex.

4. At grade pedestrian links between the site, the railway station and town centre should be improved.

5. Design needed to demonstrate how the levels within the application site and between the application site, town centre and the open space in front of Llantarnam Grange could be resolved.

9.41 Options for access points and the position of the store were fully explored. One of these options was to locate the retail store closer to St Davids Road and have a high level entrance into the store directly off the ramp alongside the leisure complex. However, this would have involved a long high level walkway, removal of the landscaped area adjacent to St David’s Road, parking areas more distant to the town centre, visual segregation of site 2 for mixed development and generally reduce the open ‘green’ character of this side of the town centre. It

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was considered that the setting back of the retail store would allow:

1. the retention some of the landscaping to help screen the rear elevation of the leisure complex and St David’s Road. It is acceptable that on balance some trees will need to be removed in order to allow the high level bridge link, connections and views into the site.

2. 24 hour public access to the high level link and lift and direct access to the bus station;

3. additional parking provision close to the town centre;

4. creation of public space between the town centre and retail store;

5. better relationship with the mixed use on site 2, particularly the open public areas;

6. The development of additional complementary units to attract shoppers and promote vitality.

9.42 The current application includes the above features. Further negotiation with the agent has lead to a wider bridge link and staircase to reflect the ramp alongside the leisure complex and improve the visual link with the Morrisons store from the town centre, a larger capacity lift, improved links with the railway station and public realm works which are described elsewhere in this report. Officers believe that despite the constraints identified above, the current scheme will successfully integrate with and provide wider benefits for the town centre.

Site 2: Mixed use development, 9.43 The application for Site 2 is in outline and relates to the provision of a mix of uses

to including a hotel, a Use Class A3 unit and Use Class B1 offices with associated car parking, public realm improvements and new public square/space. Site 2 will become available for development following the completion of the refurbishment works and the reduction in footprint of the ArvinMeritor factory (Site 3).

9.44 The Gwent Structure Plan and Torfaen Local Plan support the reuse of vacant

industrial land for employment purposes (Policies E3 and E8 respectively in these plans).

9.45 Site 2 is in close proximity to the bus station and the railway station thus reducing

the need to travel by car as there is good access to public transport. Access by walking and cycling will be improved. The site therefore, is sustainable as a

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location for employment uses and enjoys good access to the existing road network. The mix of uses being proposed will also create activity and help to enliven the area. The provision of B1 offices on Site 2 will assist in enhancing the vitality and viability of Cwmbran Town Centre by supporting the retail facilities provided within the Town Centre.

9.46 The provision of tourism accommodation in the form of the hotel on the site will

help meet an identified market. The town currently is underprovided with branded hotel accommodation.

9.47 The application identifies that the mix of uses will include a Use Class A3 unit

and the Council’s discussions with the applicant has identified that this use will be associated with the provision of the hotel on site. As the application is in outline only the details of the design of the hotel and the A3 unit have not been finalised but the Masterplan drawing that forms part of the application identifies that the A3 unit will be juxtaposed with the hotel. No sequential test has been provided for the A3 unit which is a key town centre use and as identified in Chapter 10 of PPW the location of such uses outside a town centre boundary should be accompanied by a sequential test. However, from the masterplan submitted as part of the application the A3 unit and hotel are contiguous with each other and the A3 use will be ancillary to the hotel.

9.48 The proposal is in accordance with the Development Plan and the proposal once

implemented will provide an estimated 270 jobs. 9.49 Prupim have questioned the information submitted in relation to site 2 (mixed

commercial use) and opine that it does not satisfy the requirements of an outline submission.

9.50 New guidance on the submission of ‘outline’ applications was issued in 2008.

This states that the following information should be submitted with an outline application:

1 Uses proposed; 2 Amount of development; 3 Indication of upper and lower limits for height, width and length of each

building; 4 Indicative access points

9.51 The submitted details confirm the proposed uses on site 2 and the plans show

the indicative development layout, access point and parameters for height, width

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and length. If the Council decide to approve the application the proposed uses will be controlled by a condition. However, given that the site will need to be marketed for the uses proposed, the precise details of the development is reserved for subsequent approval. Moreover, a further condition will be imposed to require the submission of a development brief for site 2 before an application for reserved matters consent is made.

Site 3: Refurbishment of the Arvin Meritor Factory on Reduced Footprint

9.52 The proposals for Site 3 cover the refurbishment of the existing ArvinMeritor factory which includes the demolition of parts of the factory and the construction of new extensions. The Factory will occupy a reduced footprint.

9.53 The proposal in effect would be a continuation of the use which already exists on

the site. The design and visual appearance of the factory will improve and the refurbishment will create a modern clean look improving its setting in relation to the Town Centre.

9.54 The Highway Officer is satisfied the refurbishment of the factory will not give rise

to highway issues as the road network is capable of sustaining the proposed traffic. Site 3 will be the only part of the application site to be accessed from the south off the [stopped] up and cul de sacked Grange Road. This access can be achieved without detriment to highway safety. The proposals will also provide satisfactory parking provision as part of the comprehensive redevelopment of the application site.

9.55 The proposal is in accordance with the Development Plan and will retain 400 jobs

at the factory and enable the workforce to be expanded to provide 550 jobs. No in principle objections have been raised to this aspect of the scheme.

9.56 CONSIDERATION OF THE DEVELOPMENT AS A WHOLE

1 Access/transport 2 Contamination 3 Flooding/Hydrology 4 Loss of Sports Facilities

Transportation 9.57 The Traffic Impact Assessment carried out in relation to the planning application

highlighted that there will be difficulties experienced by the Northern Grange

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Road and southern Grange Road Roundabouts if the proposed development were to go ahead. In order to mitigate for this improvements are proposed for each roundabout. Elsewhere on the highway network other junctions which were part of the study were able to readily accommodate peak hour traffic flows arising from the development. The Assessment concluded that, subject to the proposed improvements, there were no transport related issues that would prevent the proposed development from proceeding.

9.58 The Local Highway Authority has confirmed that the Transport Assessment was

externally audited and is acceptable from a highways standpoint. One concern was raised about the effect on queuing on Caradoc Road at peak periods. The audit did not highlight this issue as a particular problem because queues tend to be short lived and the proposal would not make the situation significantly worse.

9.59 The site is located adjacent to St David’s Road which is a main distributor, and is

close to Cwmbran railway Station, the Bus Station and cycle route. The site is also served with a network of footways.

9.60 Cwmbran has two ‘A’ Class roads, including St David’s Road, either side of the

Town Centre, Cwmbran Drive and the main A4042 trunk Road are nearby and connect with the M4 Motorway. The application site incorporates ample parking facilities and, in terms of the retail store, the car park will be available to general shoppers using the Town Centre.

9.61 The Local Highway Authority considers that the proposed development includes

sufficient car parking provision. 9.62 Whilst Grange Road is not directly served by public transport there are bus stops

along Edlogan Way and St David’s Road. The Bus Station is located around 110m away from the closest point of the western boundary of the application site via the proposed high level walkway or at grade across St David’s Road. This distance increases to 410m from the southern part of the site although there are closer bus stops along St David’s Road at 190 and 290 metres.

9.63 The railway Station is located on the other side of Edlogan Way to the north of

the site a distance of around 250 metres from the northern boundary. This distance increases to around 710 metres from the southern boundary. The Station provides links to Newport and Cardiff.

9.64 The SUSTRANS cycle route is in the vicinity of the site and links with local

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routes. Bicycle parking is included within the car park of the retail store. This provides a genuine alternative to the car for shorter journeys.

9.65 In terms of pedestrians, the site is well served by footpath links and

improvements to these linkages are proposed as part of the development. 9.66 As part of the proposals a Travel Plan has been submitted which Morrisons

intend to adopt and promote with its staff. This sets out Morrisons policy on ‘green travel’ with the aim of reducing reliance on the car and provide alternative means of travel. The policy is aimed more at staff of the Morrisons store as by their very nature supermarkets will mainly be visited by car because of heavy shopping.

Contamination Assessment 9.67 The applicant has carried out a number of desk-top and detailed site

investigation in respect of contamination present on site as a result of the site’s long history of manufacturing uses.

9.68 The detailed on-site investigation work carried out by the applicant and submitted

to support this application has identified that the application site is contaminated mainly in the south east corner of Site 3 and in various locations under the current factory also in Site 3.

9.69 The contamination, present on site can be dealt with by recognised remediation

techniques which will enable decontamination and prevent the pathways for contamination to reach receptors e.g. humans.

9.70 The Council employed WorleyParsons Europe Limited consultants to undertake

an independent review of the contamination information submitted by the applicants to ensure that the remediation proposals address the contamination issues. The Council and the applicants have also been in discussion with the Environment Agency (EA) Wales regarding the remediation options being proposed by the applicant. The EA have accepted the findings of the various reports submitted by the applicant. The decontamination of the application site will be dealt with by appropriate conditions and the S106 agreement.

Flooding Assessment 9.71 Part of the application site is located with a C2 Flood Zone (which is an area of

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the floodplain without significant flood defence infrastructure) and as a consequence the Council need to be satisfied that the consequences of flooding are acceptable.

9.72 The application is accompanied by a Flood Consequence Assessment (FCA).

The EA have raised no objections to flooding issues in respect of this planning application subject to the mitigation measures recommended in the FCA being implemented. This can be covered by condition.

9.73 Alfa Laval have stated that they object to any positive proposals to protect the

application site from flooding that would increase flood risk to their land. The EA have confirmed that this would not be the case.

Sports Facilities Assessment 9.74 The application site includes a former staff bowling green and tennis courts,

which are located in the north east of the site adjacent to Edlogan Way roundabout. The applicant identified that the facilities were last used in 2001 when ArvinMeritor decided to no longer maintain the facilities and the company made a financial contribution to cover the cost of membership for staff to use alternative locations in Cwmbran for a period of 5 years.

9.75 Policy L6 of the Adopted Local Plan states that ‘the development of areas of

formal or informal recreation space will only be permitted where the area is no longer required for recreation use and the loss of the area would not result in a shortfall in overall provision’. Policy L6 and the policy justification makes no distinction between formal or information recreation space whether in the public, private or voluntary sectors.

9.76 FIT/Sports Wales in their consultation response have requested information

relating to recreation provision in the area. As part of the evidence base for the LDP the Council undertook a recreation and open space assessment and the conclusions in relation to bowling facilities was: -

1 That current demand is being accommodated on current facilities and it is

likely in that future demand will result in the need for new facilities.

9.77 And the conclusion in relation to tennis facilities was: -

2 That public provision is generally underused for casual use and there is currently no reported unmet demand from Cwmbran Tennis Club.

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9.78 As indicated in the conclusions of the recreation assessment undertaken for the

LDP whilst there may be demand for bowling facilities in the future current demand is met. In terms of tennis there is no unmet demand. Furthermore, the facilities have not been in use for 10 years. In the light of this the applicants have not been requested to contribute towards recreation provision.

Assessment of Other Issues 9.79 No adverse comments have been raised by consultees in relation to ecology and

noise. The ecologist and arboriculturalist have requested conditions relating to: -

1 works on the removal of vegetation and trees on the land between Grange Road and St Davids Road and ensuring that these works do not take place in the bird nesting season;

2 If bats are found during the demolition of the ArvinMeritor gate house that all work stops until a disturbance licence has been granted;

3 That construction activities and operation issues e.g. noise and light pollution are controlled through the submission of a Construction Environment Management Plan

9.80 Conditions in respect of each of the matters have been included.

9.81 In terms of the Petrol Filling Station, the Environment Agency are currently objecting to this planning application based on concerns over groundwater and surface water quality that could potentially arise from the location of the submerged petrol tanks and the high water table within the area.

9.82 The Council’s Senior Pollution Officer raises no objection to the planning application based on the submission that the petrol tanks would be located below ground level. The officer is concerned with the location of petrol tanks about ground in close proximity to the Town Centre and neighbouring residential properties due to safety fears.

9.83 The location of the petrol tanks underground represents the preferred option in terms of public health and safety. The Council have imposed a condition relating to the submission of details relating to the provision of underground tanks in order to mitigate any potential groundwater issues eg. Double skinned tanks and pipes and the provision of an alarm system to give an early warning if there was a leakage.

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9.83a In terms of concerns raised on behalf of Alfa Laval regarding works on the boundary of the site, the applicant has confirmed that the proposed works do not involve any material changes to existing levels or new means of enclosure. Alfa Laval also raise concerns over surface water discharge into their site. The drainage details for the Arvin Meritor site are covered by condition.

DELIVERABILITY OF THE PROPOSAL 9.84 As indicated throughout this report the support for the development of a

foodstore on the planning application site is based upon applicants demonstrating that an acceptable mechanism, for delivering the comprehensive redevelopment of the whole site, is in place.

9.85 In order to address this issue a 106 Agreement has been negotiated with the

applicants. To assist preparation of the 106 Agreement the advice of consultants specialising in contamination and automotive engineering has been sought respectively Worley Parsons and Inspiration Engineering.

9.86 The Heads of Terms of this Agreement are set out in Appendix 6 to this report

and have been negotiated to ensure that a comprehensive development will result if the planning application is implemented.

9.87 In broad terms the 106 Agreement seeks to ensure that:

1. If Arvin Meritor remain in Cwmbran the whole of the proposal subject of this planning application is implemented and the site is decontaminated. Importantly Site 2 is remediated and made available for the uses set out in the planning application (Stay Option).

2. If, for whatever reason, ArvinMeritor do not remain in Cwmbran that adequate

monies are available and dedicated to the remediation of the site ( Sites 2 and 3) to ensure it is capable of re-development (Leave Option).

9.88 In essence the 106 Agreement ensures that, once the development of the

foodstore commences, there is adequate monies available within what is termed a Commitment Sum to fund the works necessary to ensure Sites 2 and 3 are made available for re-development if the Leave Option is selected by the applicant.

9.89 ArvinMeritor have indicated, and the application covers, the company remaining

on site albeit on a reduced footprint. The commitment to stay on site will involve

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significantly upgrading both production and the building within which they will operate. It will also, involve dealing with the site’s contamination problems, as the factory is upgraded, improved and eventually produces brakes. It will result in 400 jobs being safeguarded and 150 being created.

9.90 As soon as the development commences the Commitment Sum will be deposited

with the Council in the form of a bond. ArvinMeritor, should they remain on site cannot withdraw monies, from the Commitment Sum until all the works necessary to install the new manufacturing equipment have been carried out and production of brakes has commenced. Furthermore, the company must deal with the contamination on the factory site in line with a Schedule of necessary works set out in the 106 Agreement. Monies within the Commitment Sum cannot be claimed unless the works identified in the Schedule have been completed. Those remediation works are to be largely completed within 36 months of the occupation of the foodstore. In terms of Site 2, ArvinMeritor are required to remediate this site and render it capable of development for the uses proposed, in the outline part of the planning application, within 24 months of the occupation of the foodstore.

9.91 In the event that ArvinMeritor decide to vacate the site there is a commitment to

undertake the remediation of Site 2 and Site 3 to a standard capable of allowing redevelopment for commercial/industrial purposes. Should this commitment not be realised, the Council have the authority to enter the site and undertake its remediation utilising the Commitment Sum.

9.92 Prupim have questioned the description of the development on Sites 2 and 3 as

set out in the 106. They are concerned at the term commercial/industrial. In particular that the use of the word commercial could imply that retail development on the site would be acceptable. The level of remediation required is dependant upon the end use proposed. A requirement, for example, to remediate the site for sensitive uses such as housing, would have significant cost implications since higher standards would have to be met. In any event the 106 has been amended to state that Site 2 is remediated to a level capable of enabling the uses described in the planning application to be developed . Should the leave option arise then Sites 2 and 3 are to be remediated for the use applicable in the Statutory Development Plan.

9.93 In terms of the phasing of the development and how this is reflected in the 106

Prupim have concerns. In particular their view is that Phases 2, 2A and 2B should be completed prior to the opening of the foodstore. It is not considered

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that this is necessary. The 106 Agreement is structured such that at the outset sufficient monies (the Commitment Sum) are deposited in the 106 to enable the full remediation of Sites 2 and 3 should the Leave Option be selected by ArvinMeritor. As such if ArvinMeritor then do not proceed with the applicable elements of Phases 2, 2A and 2B (the Stay Option) the capability of remediating the site and securing its availability for appropriate development is in place.

9.94 Prupim are concerned that proper emphasis is not placed on ensuring the

redevelopment of Site 2 and its remediation and that the associated benefits such as a new public space should be secured at this stage. The 106 Agreement requires that Site 2 is remediated and rendered capable of development 24 months after the occupation of the foodstore. As indicated in the applicant’s submission it is not possible at this stage to advance a scheme with certainty for Site 2 which is an outline part of this hybrid planning application. Prupim have concerns that the future development should complement the town centre and be integrated with it, these concerns is shared. The Council have, with the support of ArvinMeritor, advanced the Site 2 scheme with Welsh Government as a potential JESSICA European Project. This would involve the creation of a public/private development project, JESSICA would enable finance to be brought to the project by the public sector that would not be available on the private market.

9.95 It must be accepted, however, that advancing a definite scheme for Site 2 at this

stage is not possible and it would be unreasonable to require the applicant to do this or identify funding at this stage, within the 106 Agreement, for specific elements of an outline scheme.

9.96 Prupim have expressed concern that the quantum of the Commitment Sum is not

sufficient to cover all the costs that may arise. As indicated already the Commitment Sum, deposited at the commencement of development, covers the cost of remediating Sites 2 and 3 should the leave option be selected. The cost applicable to the stay option is lower than the initial Commitment Sum. As such, on the basis of the advice received from the Council’s Environmental and Automotive Consultants, it is considered that adequate monies are available in the 106 Agreement.

9.97 Prupim have made detailed comments on the 106 Agreement. The explanation

of the 106 set out in the paras above addresses these comments. The full text of Prupim representations are included in full at Appendix 1 to this report.

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9.98 In summary, it is considered that the 106 Agreement linked to conditions provide a mechanism capable of ensuring the elements that make up this planning application are delivered comprehensively. Should development commence and Arvin Meritor decide to leave Cwmbran then there are adequate monies within the 106 to ensure the Sites 2 and 3 are remediated and rendered capable of redevelopment.

10 CONCLUSION 10.1 The Background Section to this report details the circumstances and negotiations

that have lead to the submission of this planning application. It concludes by stating the advice given by officers to the applicants prior to submission of the application. Any planning application submitted for the site should address, inter alia, the following principle issues such that:-

Any retail proposed on the site is fully justified. Accessibility between the site ,the town centre and the railway station is

improved. A mechanism to enable the delivery of comprehensive development is in

place. Site contamination issues are dealt with.

10.2 As illustrated in this report there is a need for a foodstore of the size proposed in

the Cwmbran area. The site is edge of town. Its inclusion in the project is necessary since the land value it generates acts as an economic driver that enables the scheme as a whole to be viable. The location of the foodstore, outside the town centre boundary does not undermine the thrust of Development Plan or Deposit Local Development Plan policy which supports the location of the bulk of the projected retail floorspace requirement within the town centre boundary. The inclusion of a pedestrian bridge and lift linked to improvements to pedestrian access arrangements will reduce any impact the foodstore may have on the town centre. The availability of car parking , associated with the foodstore, for managed general use will encourage linked trips. On balance it is considered that the benefits the foodstore brings as an economic driver, in particular the safeguarding and creation of jobs, outweigh the disbenefits that may result.

10.3 The combination of the 106 Agreement and conditions provide a mechanism that

will ensure the delivery of a comprehensive scheme. Should Arvin Meritor remain in Cwmbran, as is proposed in this planning application, the mechanism ensures the investment in the factory is undertaken, contamination is remediated and Site 2 is made available for development. In the event Arvin Meritor leave Cwmbran

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adequate monies are available in the 106 to enable Sites 2 and 3 to be remediated and made ready for redevelopment.

11 RECOMMENDATION 11.1 That the Council resolves: that it is satisfied that the Environmental Statement meets the requirement of the

Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (as amended);

ii) that it has taken the Environmental Information into account in reaching its decision;

iii) that the approval set out below is granted by the Council for the reasons set out in the Officers’ report;

iv) that the main measures to avoid, reduce and if possible offset the major adverse effects of the development are those in the conditions set out below and those intended to be included within the agreement under Section 106 to be concluded before permission is granted;

v) that the application be approved subject to:

the completion of an Agreement under Section 106 of the Town and Country Planning Act 1990 concerning matters referred to in the above report and such other terms and matters as the Chief Planning and Public Protection Officer sees fit;

the conditions set out below and such additional or amended conditions as the Chief Planning and Public Protection Officer considers necessary;

vi) that the Chief Planning and Public Protection Officer be given delegated authority to make amendments to the conditions listed below before approval is given.

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12 CONDITIONS GENERAL 1. The Development shall not be carried out except in substantial

accordance with the following documents: (a) Environmental Statement by Morrisons, Meritor and Peacock & Smith dated February 2011 volumes 1 to 9 (b) Design access and sustainability Statement by Morrisons and Meritor dated February 2011 (c) Retail Statement by Morrisons, Meritor and Peacock & Smith dated March 2011 (d) Revised Planning Statement by Morrisons, Meritor and Peacock & Smith dated June 2011 REASON: To define the application proposal and to reflect the fact that the proposed development is the subject of an Environmental Impact Assessment.

2 The development shall be carried out in accordance with the following

approved plans unless otherwise specified in conditions elsewhere on this Notice or in the Section 106 Agreement:

100 site location plan 101 existing site plan 102revb proposed site plan 200 proposed ground floor plan 201 proposed first floor plan 202 proposed roof plan 203reva proposed elevations 204 proposed sections 205 proposed petrol filling station 206 proposed a1/a3 units 207reva proposed link bridge 500reva proposed materials 700reva drawing register 800revb site levels

REASON: To ensure the development is carried out in accordance with the approved drawings.

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3 The mitigation measures set out in the Environmental Statement by Peacock and Smith dated February 2011 shall be carried out as prescribed in the reports unless provided for in any other condition attached to this consent or any completed Agreement relating to the site under Section 106 of the Town and Country Planning Act 1990. REASON: To ensure the appropriate mitigation of the environmental effects identified within the Environmental Statement

4 The development hereby permitted shall be carried out in accordance

with the approved Flood Consequences Assessment produced by Hyder Consulting dated 31 January 2011 reference 5003-WX54783-NER-02. (a) No structures, buildings or land raising shall be erected or carried out within 8 metres of the bottom of the railway embankment (hereinafter referred to as the ‘buffer strip’) along the eastern boundary of the site other than in connection with (b) below. (b) Prior to the commencement of development on site 2 (other than works associated with site clearance or remediation), details of the following schemes shall have been first submitted to and approved by the LPA:

(i) cross buffers to slow the flow of flood waters along the buffer strip. (ii) construction of an embankment across the border between the central site (site 2) and the southern site (site 3) to reduce flood risk elsewhere. (iii) construction of a bund (with steps to maintain access) across the railway underpass in order to prevent flood flows entering the site from the pathway. The above works (i) to (iii) shall be carried out as approved prior to the beneficial occupation of any of the buildings on site 2

REASON: To reduce the impact of flooding on the proposed development and neighbouring land.

5 Prior to the commencement of development on Sites 1, 2 and 3, a

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detailed Construction Environmental Management Plan for that phase shall be submitted to and approved, in writing, by the LPA. Development shall be carried out and measures incorporated in accordance with the approved Construction Environmental Management Plan. REASON. To prevent pollution and nuisance during the construction period.

6 All works comprised in the approved details of landscaping for Sites 1

and 3 shall be implemented prior to the occupation of any building on that Site or in accordance with a program which shall have been submitted to and approved, in writing, by the LPA prior to the commencement of development. Thereafter, those areas shall not be used for any other purpose. REASON: To ensure the approved landscape works are implemented in the interests of the appearance of the site.

7 If within a period of up to five years from the date of planting, any tree

planted in accordance with the approved landscaping scheme 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.

8 Where any species listed within the Schedules of the Conservation of

Habitats and species Regulations 2010 is found to be present on the site (or other identified part) in respect of which this permission is hereby granted, 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

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protected. 9 Prior to the commencement of development a method statement

including a future management Plan for translocation of the higher biodiversity value grassland as identified in the Habitat Survey and Protected Species Assessment dated January 2011 by Smeeden Foreman shall be submitted to and approved, in writing, with the LPA. Thereafter the grassland shall be translocated and managed in accordance with the approved method statement. REASON: To preserve the biodiversity value of the grassland.

10 Unless otherwise approved, in writing with the LPA no trees or shrubs

within the site shall be removed within the bird breeding season which runs from March to August. REASON: In order to prevent disturbance of breeding birds.

11 No building shall be occupied on Sites 1 or 2 until the means of

vehicular access to serve that building has been constructed in accordance with the approved plans. REASON: In the interests of highway safety.

12 No building shall be occupied on Sites 1 or 2 until the vehicle and bike

parking areas to serve that building has been drained, surfaced and marked out with standing spaces in accordance with the approved plans. REASON: To ensure off road parking is provided before the buildings are occupied.

13 Prior to the beneficial occupation of development on Sites 1 and 2, a

Travel Plan incorporating measures to minimise use of private cars for that Site shall be submitted to and approved, in writing, by the LPA. The Travel Plan shall be implemented as approved. REASON: To ensure the developer has fully considered sustainable transport options in the design and operation of the scheme.

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14 All roads, footways and ancillary features throughout the site shall be to adoptable standards Unless otherwise approved, in writing, by the Local Planning Authority. REASON: In the interests of highway safety.

15 Prior to the commencement of development details of improvements to

the existing crossing at the northern end of St Davids Road shall be submitted to and approved, in writing, by the LPA. The crossing shall be improved in accordance with the approved details prior to the beneficial occupation of the retail foodstore on Site 1. REASON: In the interests of highway safety.

16. Prior to the commencement of development, a comprehensive

drainage strategy for the site , including connection with the existing public sewerage system and any off site works, shall be submitted to and approved in writing by the Local Planning Authority. REASON: To prevent hydraulic overloading of the public sewerage system, protect the environment and residential amenity.

17. No work shall commence on Sites 1, 2 or 3 until details of drainage

works to serve that Site have been submitted to and approved in writing by the Local Planning Authority. No building shall be occupied until the drainage works serving that building 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.

18. Prior to the commencement of development, a timetable for the

submission of a Verification Report for Sites 2 and 3 shall be submitted to and approved in writing by the Local Planning Authority. The Verification Report shall demonstrate completion of the works set out in the approved Remediation Strategy and assess the effectiveness of the remediation. The report shall include results of sampling and monitoring carried out in accordance with the approved Verification Plan to demonstrate that the site Remediation Criteria have been met. It shall also include a plan (a “long-term monitoring and maintenance

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plan”) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the Verification Plan, and for the reporting of this to the Local Planning Authority. The Verification Report shall be submitted to the Local Planning Authority in accordance with the agreed timetable. REASON: To demonstrate that the remediation criteria relating to controlled waters have been met and (if necessary) secure longer-term monitoring of groundwater quality. This will ensure that there are no longer remaining unacceptable risks to controlled waters following remediation of the site.

19 Reports on monitoring, maintenance and any contingency action

carried out in Sites 2 and 3 in accordance with a long-term monitoring and maintenance plan for that Site shall be submitted to the local planning authority as set out in that plan. On completion of the monitoring programme a final report demonstrating that all long- term site remediation criteria have been met for that Site and documenting the decision to cease monitoring shall be submitted to and approved in writing by the local planning authority. REASON: To ensure that longer term remediation criteria relating to controlled waters have been met. This will ensure that there are no longer remaining unacceptable risks to controlled waters following remediation of the site.

20. If, during development, contamination not previously identified is found

to be present in Sites 1, 2 and 3 then no further development in that Site (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with. REASON: Given the size/complexity of the site it is considered possible that there may be unidentified areas of contamination at the site that could pose a risk to controlled waters if they are not remediated.

21. Piling or any other foundation designs using penetrative methods shall

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not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of Sites 1, 2 and 3 where it has been demonstrated that there is no resultant unacceptable risk to groundwater. REASON: There is an increased potential for pollution of controlled waters from inappropriate methods of piling.

22. No development shall commence in Sites 1, 2 and 3 until a scheme to

install oil and petrol interceptors in that Site has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved. REASON: To prevent pollution to the water environment. Car parks can pose risks to controlled waters from polluted surface water drainage, and the provision of oil and petrol interceptors should ensure that the parking areas do not harm the water environment.

23. No development shall commence in Sites 1, 2 and 3 until a scheme to

treat and remove suspended solids from surface water run-off during construction works in that Site has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved. REASON: To prevent the pollution of controlled waters. Construction works can pose significant risks to controlled waters and development proposals should ensure that the proposed works do not harm the water environment during construction.

24. 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 is multiple tankage, 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 pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets

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should be detailed to discharge downwards into the bund. REASON: To prevent pollution of the water environment.

25. Prior to the commencement of any development within Sites 2 and 3 a

scheme to investigate and monitor that Site for the presence of gases being generated at that Site or land adjoining thereto, shall be submitted to the Local Planning Authority for its approval. Following completion of an approved monitoring scheme the proposed details of appropriate gas protection measures to ensure the safe and inoffensive dispersal or management of gases and to prevent lateral migration of gases into or from land surrounding that Site shall be submitted to and approved in writing to the LPA. All required gas protection measures shall be installed and appropriately verified before occupation of that Site and must be retained and maintained until such time as the Local Planning Authority agrees in writing. REASON: To ensure that the safety of future occupiers is not prejudiced.

26 Any topsoil [natural or manufactured],or subsoil, to be imported into

Sites 1, 2 or 3 shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation for that Site to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the WLGA guidance; “Requirements for the Chemical Testing of Imported Materials for Various End Uses” Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with the agreed scheme. REASON: To ensure that the safety of future occupiers is not prejudiced

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27 Any aggregate (other than virgin quarry stone) or recycled aggregate

material to be imported into Sites 1, 2 or 3 shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation for that Site to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the WLGA guidance; “Requirements for the Chemical Testing of Imported Materials for Various End Uses” Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported aggregate is free from contamination and shall be undertaken in accordance with the agreed scheme. REASON: To ensure that the safety of future occupiers is not prejudiced

28 The buildings hereby permitted on Sites 1 and 2 shall be constructed to

achieve a minimum Building Research Establishment BREEAM overall very good rating and a minimum of 6 credits under the category Ene 1 (reduction of carbon dioxide emissions) in accordance with the requirements of the BREEAM scheme under which the site is registered. REASON: To ensure the development is climate responsive, sustainable and minimises carbon and other greenhouse gas emissions associated with its design, construction, use and eventual demolition.

29 No development on Sites 1 and 2 shall begin until full details of a

Design Stage assessment and related certification for that Site has been submitted to and approved in writing by the Local Planning Authority. The development shall proceed in accordance with the approved assessment and certification. REASON: To ensure the development is climate responsive, sustainable and minimises carbon and other greenhouse gas emissions associated with its design, construction, use and eventual demolition.

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30 No building unit hereby permitted shall be occupied until a Post Construction Stage assessment has been carried out in relation to it providing evidence that the building has achieved 6 credits under the category Ene 1 (reduction of carbon dioxide emissions) and a Final Certificate has been issued for it certifying that a rating of very good has been achieved and the Post Construction Stage assessment and Final Certificate shall be submitted to and approved in writing by the Local Planning Authority. REASON: To ensure the development is climate responsive, sustainable and minimises carbon and other greenhouse gas emissions associated with its design, construction, use and eventual demolition.

31 No goods, refuse, waste materials, waste products, refuse or other

materials shall be stored externally. REASON: To protect the appearance of the site and surrounding area.

32 Prior to commencement of development on Sites 1, 2 and 3 detailed

lighting plans for that respective Site shall be submitted to and approved, in writing, by the LPA. The Lighting Plan shall be implemented as approved. REASON: To ensure illumination of the site does not adversely affect the surrounding area.

SITE 1 (RETAIL FOODSTORE) 33 The development herby permitted shall be begun before the expiration

of 5 years from the date of this permission. REASON: To comply with the requirements of Section 91 (1) of the Town and Country Planning Act 1990.

34 The approved foodstore shall have a sales area no larger than

3,317sq.m net of which no more than 2488sq m net shall be for convenience goods and no more than 829 sq m net for comparison goods.

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REASON: To ensure there is no adverse impact on the Cwmbran Town Centre.

35 The approved foodstore shall not exceed a maximum gross floorspace

of 6860 sq m. REASON: To ensure there is no adverse impact on the Cwmbran Town Centre.

36 The retail foodstore hereby permitted shall not be subdivided to form

separate retail units. REASON: To ensure there is no adverse impact on the Cwmbran Town Centre.

37 The A1 and A3 units hereby approved shall not exceed an individual

gross floorspace of 139 sq m each REASON: to ensure the viability and vitality of the Town Centre is not adversely affected.

38 Prior to the commencement of development on Site 1, the parking area

at the southern end of Site 3 and interim servicing arrangements thereto shall be constructed, surfaced, drained and marked out with standing spaces REASON: To ensure alternative parking facilities are provided for the existing factory use before the permanent loss of the current parking occurs.

39 Prior to the commencement of development on Site 1, details of the

underground storage tanks associated with the petrol filling station shall be submitted to and approved, in writing, by the Local Planning Authority. The plans and particulars required above shall include a risk assessment in terms of leakages, measures to show how those risks can be managed and a future monitoring program. REASON: To reduce the risk of pollution of underground water.

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40 Prior to the commencement of any development on Site 1 details of the external materials and finishes for the Petrol Filling Station, including the roller shutter door, shall be submitted to and approved, in writing, by the LPA. Development shall be carried out as approved. REASON: In the interests of visual amenity

SITE 2 (MIXED COMMERCIAL USE) 41 This permission shall relate to the use of the site for a hotel (Use Class

C1) with ancillary pub/restaurant (Use Class A3), offices (Use Class B1) and no other use whatsoever within Use Classes C1, A3 and B1. The A3 (food and drink) use hereby permitted shall not be developed independently of the hotel. REASON: In order to retain effective control over the form of development and for the avoidance of doubt as to the details hereby approved.

42 Notwithstanding any details sumitted with the application, approval of

the details of the layout, scale, appearance, access, and the landscaping (hereinafter called the ‘reserved matters’) for the mixed use development shall be obtained from the Local Planning Authority in writing before that development is commenced. REASON: The above matters are reserved for subsequent approval of the Local Planning Authority.

43 Application for approval of the reserved matters shall be made to the

Local Planning Authority before the expiration of 3 years from the date of this permission. REASON: To comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

44 The development hereby permitted shall be begun either before the

expiration of 5 years from the date of this permission, or before the expiration of 2 years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

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

45 Prior to the submission of any reserved matters application on Site 1 a

development brief shall be submitted to and agreed by the LPA. Reserved matters applications shall be in accordance with the agreed Brief. REASON: To ensure a co-ordinated and comprehensive development.

46 The details of landscaping submitted for approval shall include full

details of both hard and soft landscaping works. These details shall incorporate proposed finished levels or contours, means of enclosure, car parking layouts, other vehicle and pedestrian access and circulation areas, hard surfacing materials, minor artefacts and structures (eg. Furniture, refuse or other storage units, signs, lighting etc), proposed and existing functional services above and below ground (eg. Drainage, power and communications cables, pipelines etc indicating lines, manholes, supports etc) retained trees, hedgerows and other historic landscape features and proposals for restoration, where relevant. Soft landscaping works shall include planting patterns plans, written specifications, including cultivation and other operations associated with plant and grass establishment, schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate and implementation programme, including timescales. The details shall also make provision for the eradication of Japanese Knotweed within the site. REASON: To safeguard landscape, amenity and ecological interests.

47 The plans and particulars submitted in accordance with Condition 31a

above shall include: a) 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

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level, exceeding 75mm. b) 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 c) Details of any proposed crown reduction or lopping of any retained tree or of any tree on land adjacent to the site. d) 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). e) 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 '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.

48 All works comprised in the approved details of landscaping shall be

implemented prior to the occupation of any building on Site 2 or in accordance with a program which shall have been submitted to and approved, in writing, by the Local Planning Authority prior to the commencement of development. Thereafter, those areas shall not be used for any other purpose. REASON: To ensure the approved landscape works are implemented in the interests of the appearance of the site.

49 If within a period of up to five years from the date of planting, any tree

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planted in accordance with the approved landscaping scheme 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.

50 Details of a Phasing Programme shall be submitted to and agreed with

the Local Planning Authority to ensure the comprehensive development of the site which shall include for the provision of the public realm improvements and civic square. REASON: In order to retain effective control over the form of development

51 Unless otherwise approved in writing by the LPA, vehicle and bicycle

parking provision for each building/use on site 2 shall be in accordance with the Councils prevailing adopted parking guidelines and shall be surfaced, drained and marked out with standing spaces prior to the occupation of the building it serves and in accordance with details which shall have been first submitted to and approved, in writing, by the LPA prior to the commencement of development. REASON: To ensure adequate off street parking is provided in the interests of highway safety.

52 The Gatehouse Building in Site 2 shall not be demolished before a

suitably qualified ecologist has certified, in writing, and submitted same to the Local Planning Authority, confirming there are no bats present within the building. Thereafter the building shall be demolished within 3 months of the date of the certificate REASON: To ensure there are no bats present when the building is demolished.

SITE 3 (REFURBISHMENT OF FACTORY)

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53 The development herby permitted shall be begun before the expiration

of 5 years from the date of this permission. REASON: To comply with the requirements of Section 91 (1) of the Town and Country Planning Act 1990.

54 Prior to the occupation of the refurbished factory, Grange Road shall be

stopped up and an alternative footway to adoptable standard provided in accordance with details which shall have been first submitted to and approved, in writing, by the LPA. REASON: In the interests of highway safety.

55 Prior to the commencement of development on Site 1, the parking area

at the southern end of Site 3 and interim servicing arrangements thereto shall be constructed, surfaced, drained and marked out with standing spaces. REASON: To ensure alternative parking facilities are provided for the existing factory use before the permanent loss of the current parking occurs.

56 The development of Site 3 shall be carried out in accordance with the

approved Remediation Method Statement produced by ARCADIS (UK) Limited January 2011 unless otherwise agreed with the Local Planning Authority. In accordance with the recommendations set out within the approved Remediation Method Statement, a detailed Remediation Implementation Plan shall be submitted to and approved in writing by the Local Planning Authority for Site 3 giving full details of the remediation measures required and how they are to be undertaken. REASON: The controlled waters at this site are of high environmental sensitivity due to proximity to the surface water, and contamination is known to be present at the site.

57 No development shall begin in Site 3 until details of means of enclosure

are submitted to and approved in writing by the Local Planning Authority. The development shall proceed in accordance with the approved details.

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REASON: In the interests of visual amenity.

ADVISORY NOTES 1 Welsh Water have advised that foul and surface water discharges

should be drained separately and no surface or land drainage will be allowed to discharge directly or indirectly to the public sewerage system.] The Local Highways Authority have advised that no surface water from the site will be permitted to drain onto the highway or into highway drainage].

2 For Conditions 1-4 all submissions must be conducted in accordance

with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’ and the WLGA/EA guidance document ‘Land Contamination: A Guide for Developers’, or any document that revises or supersedes these documents. For Condition 6 *Gases include landfill gases, vapours from contaminated land sites, and naturally occurring methane and carbon dioxide, but does not include radon gas. Gas Monitoring programmes should be designed in line with current best practice as detailed in CIRIA 665. For condition 7a & 7b, submissions should be in accordance with the WLGA guidance; “Requirements for the Chemical Testing of Imported Materials for Various End Uses”

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List of Appendices

Appendix 1 GL Hearn Letters Dated 11th May, 25th May and 22nd June 2011

Appendix 2 WYG Letter dated 16th June 2011

Appendix 3 Alder King Letter dated 27th June 2011

Appendix 4 CWM1

Appendix 5 CWM2

Appendix 6 Draft Heads of Terms

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Appendix 1

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Appendix 3

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Appendix 4

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Appendix 5

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Appendix 6

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