15/03/2010

Is St Athan project planning permission VALID?

The decision for this major PFI project privatising miliatary training at St Athan which affects all of Wales was left to The Vale of Glamorgan council and in the rush to push this through they did not follow procedure properely and now try to sneak a notice through after the event!!! Sot he decision is illlegal or/and we can seek a judicial review..

There was an unusual notice in the local paper (Glamorgan Gem) last week, dated 4th March.

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NOTICE that the VoG Council, as LPA, has determined the following application(s), having taken into account the information contained within the Environmental Impact Assessment accompanying the application(s)

2009/00500/OUT  Land at and adjoining MoD St Athan.....
Development of a Defence Technical College.... including 483 Service Family Accom dwellings....
Approved 1 December, 2009

2009/00501/OUT  Land at and adjoining the Aerospace Business Park at St Athan.....
..together with land at Waycock Cross, Barry
Development at and adjoining the ABP including...  and related highway improvements.
Approved 1 December, 2009
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The reason for the unusual Notice, in that we have pointed out that for so-called EIA-developments: EIA Reg 3(2):  The relevant planning authority or the Secretary of State or an inspector shall not grant planning permission pursuant to an application to which this regulation applies unless they have first taken the environmental information into consideration, and they shall state in their decision that they have done so.
In the Planning Committee reports and decision-making, the VoG made no statement to fulfil the last clause.

Evidently, the VoG are trying to rectify this retrospectively with the above Notice (but it should read "within the Environmental Statement and Further Information" supplied). 

Two questions arise:
  •  The Planning Cttee papers/decision didn't "state" it and there was no Meeting on 1 December as given, maybe this public Notice on 4th March counts as the decision date.  That would mean that a judicial review is possible, since the 3-month time limit would run from 4th March.  
  •   If the statement is just made by the officers (or Jeff James as executive) and not approved by the Planning Cttee (I can't see it in Minutes from Jan and Feb. meetings) is it valid at all?

Note that under the EIA Amendment Regs 2008, the approval of details with environmental implications require further EIA, involving full consultation of the public and statutory bodies.  These Regs should stop the Council and eg. the Env Agency just agreeing the details between officials.


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