Before summarising, it’s worth pointing out that this is a complicated one – though the fallout could get nasty. The full 60+ page report is available here (pdf).
Background
In 2017, planning permission was granted (on appeal) to redevelop the former Grade II listed reference library at Coed Parc off Park Street in Bridgend town centre.
The former library building would be converted into 2 homes, while an additional 13 homes would be built within the grounds. The development was split into three phases:
Phases 1 and 2 included the conversion of the library and the construction of four new-build homes (one detached; three in a terraced block) in the southern half of the site. These are accessed via the private drive from Park Street.
Phase 3 would see a mix of self-build plots and developer-built homes in the northern half of the site accessed via an extension of Walters Road.
As of 2022-23, work is still ongoing on phases 1 and 2, with residents having started to move into the Phase 1 homes from 2019-20 onwards.
The Key Issues
The developers – Park Tree Homes – failed to comply with conditions laid down by Bridgend Council to allow work to start, namely providing a Construction Method Statement (CMS). The CMS was supposed to include information on plant and vehicles, parking, wheel washing, waste disposal and site working hours.
Enforcement proceedings began in March 2022 following a complaint that the three-home terrace had been built before all planning conditions were discharged (which means details of how the conditions would be met being approved/signed off by planning officers).
The retrospective application from Park Tree Homes – up for discussion at the committee – was a request to relax these conditions by providing the CMS several years later than planned and ahead of work starting on Phase 3.
The report says Park Tree Homes originally sought to remove conditions related to landscaping too, though this was later dropped to negotiate improvements and undertake further survey work. The picture at the top gives you an idea of how things are at the moment.
While being amongst the first to move into a site that’s still under construction and with incomplete landscaping isn’t unusual, residents would usually have a good idea when and how those works would be finished because there would be planning conditions and methods agreed with planning officers. That doesn’t seem to have happened here.
One of the main issues is construction traffic access. Despite Phase 3 eventually being an extension to Walters Road, the new plan is for all construction traffic to use the private lane from Park Street – passing directly outside homes built and already occupied as part of Phase 1.
Residents already living on Coed Parc argue that this is a safety risk and will likely cause problems on Park Street as construction vehicles turn in and out.
A compromise route they put forward – that would’ve passed closer to the western edge of the site from Park Street – was seemingly rejected.
Walters Road residents have organised opposition to any works traffic using their street too as it’s fairly narrow. It’s been argued that sending works traffic via St Leonard’s Road, West Road etc. would affect more people than by using the private drive.
That’s the planning issue, but there’s potentially a legal issue too.
When completing the purchase of properties at Coed Parc, buyers were told by the solicitors representing Park Tree Homes – Porthcawl-based David and Snape (now part of Redkite) – that all planning conditions had been discharged at the time. This doesn’t appear to be the case.
Although not directly related, for reasons of transparency it’s worth disclosing that one of the partners at David & Snape (now Redkite) is understood to be the brother of Bridgend Council leader, Cllr. Huw David.
Additionally, an associate/employee of David & Snape is understood to be the wife of a senior council officer who would be a party to some planning decisions.
Update (12/01/2023): In a reply to the piece, Ryan David – of Redkite Law – has confirmed that he is the brother of Cllr. Huw Daivd. He also confirms that no discussions regarding the development or application have ever taken place between himself and Cllr. David. He adds that, “My client has had an extremely difficult time in dealing with these issues and has always been professional and diligent in their communications with the Council and has had anything but an easy ride.” He added that the associate employee left David & Snape/Redkite in 2021 and never worked on this particular transaction.
The Committee’s Decision & Implications
At the time of posting, the webcast of the meeting hasn’t been uploaded so I’m unable to summarise it.
What I can say is that the Committee approved the application. They can only deal with the planning matters in front of them based on the guidance of officers, but understandably the decision has caused anger among residents already living on Coed Parc – likely to attract further media attention soon.
I’ve also been reliably informed, by several sources, that a senior member of the Planning Committee’s behaviour at a recent site visit may have breached the councillors’ Code of Conduct.
The wider implication is that if Bridgend Council gets a reputation for being soft on planning enforcement you’ll start to see this kind of thing happen more often.
Given that the former library is Grade II listed (and the conversion is nowhere near finished), it immediately brings into question the council’s capacity to manage listed building consents by themselves – a responsibility which Cadw have just granted them.
