Ruling highlights ‘differences’ in devolved powers

PLANS for a new service station outside Glynneath have been scotched by a Court of Appeal ruling that underlined the importance of devolved planning powers in Wales.

The site near the Blaengwrach roundabout, 45 metres outside Glynneath’s boundary, is currently home to a petrol filling station and two fast food restaurants.

But developers, Waterstone Estates Limited, wanted to turn it into a fully-fledge roadside service area, complete with a pub/restaurant and drive-thru coffee shop.

Neath Port Talbot Council refused planning permission in 2016 and the developer’s appeal against that decision was rejected by a planning inspector in April last year.

The inspector’s ruling was later upheld by a judge, but Waterstone would not give in and pursued the case to the Court of Appeal in London.

Ruling on the dispute, Lord Justice Hickinbottom said devolved powers mean Welsh planning policies are different to those in England.

And the case served as a reminder of how “dangerous” it is to assume that policies on both sides of the border are the same.

Welsh national planning policies are focused on ensuring that, wherever possible, retail and commercial developments are focused on existing settlements.

A “sequential test” is laid down, with town centre sites being preferred over edge-of-centre, or outof-centre, areas.

And, as the proposed service station would be just outside Glynneath, it had to take second place to sites in the town itself.

Although there was a “need” for more retail space in the town, the council had already allocated a development site “within the settlement limits”.

The judge rejected the developer’s claim that its site should be treated differently because the project would be “associated with the provision of infrastructure”.

On a correct interpretation of local policies, that meant “new” infrastructure and, given the buildings already on the site, the exception could not apply.

The judge also ruled that the planning inspector was right to treat need for the development as the decisive factor.

If such need could not be shown, the inspector was under no duty to proceed to consider whether there was a sequentially preferable site.

That interpretation of Welsh national planning policies “chimed” with the approach taken by the local authority, he added.

The judge, sitting with Lords Justice Davis and Singh, said the case had highlighted “significant differences” between Welsh and English planning policies.

“That is not surprising, given the devolved nature of town and country planning”, and such differences were likely to become greater over time.

A new National Development Framework for Wales is being prepared and, when introduced, it was “likely to increase the pace of change in Wales.”