Residential curtilage extension at 8 Waterside, Abergavenny

“Retrospective planning permission is sought for a change of use from nil use to residential curtilage and extension of a patio area which also features a timber structure used to shelter a seating area.”

“This application relates to an end of terrace dwelling located within the Park Ward of Abergavenny. The site sits adjacent to the River Gavenny Site of Interest for Nature Conservation (SINC), a local designation, and is an Archaeologically Sensitive Area. There is a group TPO on the opposite side of the river. The site is within the Development Boundary as identified within the Adopted Local Development Plan.”

“The application site is located within the settlement boundary as identified by the proposals map of the Monmouthshire Local Development Plan (LDP) and adjoins an existing residential use. A change of use of the land to residential use in association with the dwelling 8 Waterside is typically considered to be acceptable as there is a presumption in favour of development incidental to the enjoyment of a dwelling house.”

“From aerial maps and looking at historic applications, it would appear that the patio has encroached onto the River Gavenny Banks by 2m-3m. The original patio works appear to have taken place more than 10 years ago, but did not encroach onto the banks by the amount we now see today, the patio we see today was laid in 2024 and is of a significant difference in terms of structure and how far it projects compared to the patio that was laid over 10 years ago, and the more recent…”

“The proposal, that forms an incursion into the riverine habitat of the River Gavenny Site of Interest for Nature Conservation, has failed to demonstrate that it complies with the step-wise approach and thus the proposal would fail to comply with section 6.4.15 of Planning Policy Wales (Edition 12, 2024).”

“RECOMMENDATION: REFUSE Reason for Refusal: The proposal, that forms an incursion into the riverine habitat of the River Gavenny Site of Interest for Nature Conservation, has failed to demonstrate that it complies with the step-wise approach and thus the proposal would fail to comply with section 6.4.15 of Planning Policy Wales (Edition 12, 2024), Dear CPO letter (23/10/19) and Policy NE1 of the adopted Monmouthshire Local Development Plan.”

“Abergavenny Town Council: Recommend Approval. MCC SAB: Objects to the proposal. MCC Biodiversity: Objects to the proposal. The Section 6 Duty of the Environment (Wales) Act 2016 requires planning decisions to result in maintained and enhanced ecological networks. The unauthorised work has a potentially adverse impact on a locally designated site, contrary to LDP Policy NE1.”

“A site notice was placed within the public realm and neighbours were consulted via letter. No comments have been provided during the consultation period.”

“The Biodiversity Officer has offered an in-depth response to the consultation. 'The proposal is a retrospective application for an extension of a patio area and a wooden shed built on the patio. The unauthorised works have extended 2-3 metres from the development line, directly impacting the River Gavenny, a Site of Interest for Nature Conservation (SINC) designated as a watercourse supporting otters, white clawed crayfish and priority fish and bird species.”

“The Biodiversity Officer explains the impact the proposal will have on the SINC, 'The unauthorised works have resulted in the removal of riparian vegetation along the riverbank, leading to the direct loss of habitat that is important for screening and shading the river corridor. Screening is important to minimise disturbance from the residential development on wildlife using the river corridor.”

“In noting the detail of the application and the views expressed, it was proposed by County Councillor Emma Bryn and seconded by County Councillor John Crook that application DM/2026/00169 be refused for the reason outlined in the report.”

“For refusal - 12 Against refusal - 3 Abstentions - 0”