THE WELSH Government has granted Monmouthshire County Council the power to make a compulsory purchase of the shooting rights over authority-owned land at Bryngwyn – the site of the proposed new livestock market for the county.

The 27-acre site at High House Farm at Bryngwyn was chosen as Monmouthshire's preferred location for a livestock replacement market for both Abergavenny and Monmouth.

However, the shooting rights covenant was retained by Jack Hanbury-Tenison when the land was sold at auction.

After offering Mr Hanbury-Tenison £10,000 for the covenant, ten times the amount an independent surveyor said it was valued at, Monmouthshire County Council had no choice but to resort to serving a Compulsory Purchase Order on the rights' holder.

However this decision was disputed by Mr Hanbury-Tenison and a four day public hearing was subsequently held in January to investigate the issue.

Planning inspector Clive Nield heard arguments for and against the shooting rights covenant, which allows the owner the right to shoot up to ten times a year after giving 24-hours' notice.

In the report released on Tuesday, Rosemary Thomas, the Welsh Government's Chief Planning officer said that the CPO had been approved, subject to a minor modification.

Mrs Thomas said, "The inspector concludes that the two developments - the redevelopment of the existing cattle market site in Abergavenny and the provision of a new livestock market site at Bryngwyn, were closely related and that the benefits of both developments can legitimately be taken into account in considering of the CPO. Even if the timing of the supermarket benefits is not yet assured."

Since the holding of the Inquiry, the Welsh ministers have repealed the Abergavenny Improvement Acts.

"Leave has been granted for a judicial review of the repeal. I am also aware that the decision to grant planning permission for the redevelopment of the existing livestock market in Abergavenny is the subject of another judicial review," said Mrs Thomas.

"Should the outcome of these court actions overturn these decisions in October the council would have to reassess the situation and how it affects the basis on which the order was sought and whether it would be reasonable and appropriate to implement it."

The 12-page report concludes with the WG's chief planner agreeing with the inspector by saying, "I am satisfied that the Council has shown there is a compelling case in the public interest for the acquisition of the shooting rights on land, with minor modifications, at High House Farm in Bryngwyn."

The decision means that the council can now start building the replacement livestock market.

Monmouth AM Nick Ramsay commented: "I'm very pleased that the decision has finally been announced. We've been waiting for it for a number of months.

"I've been putting pressure on the Welsh Government to go public so that the market issue can move on. The Minister committed in writing to me that the decision would be made known by the end of July.

"I've constantly argued for a fit for purpose livestock market that serves the needs of farmers in Monmouthshire. It's vital that a our farmers are not left without a market, and I believe the Welsh Government's decision removes another obstacle in the way of progress."

Steve Greenslade, Monmouthshire County Council's Director of Transition, said: "We're obviously pleased that the Compulsory Purchase Order for shooting rights over our own land has been approved. We'll now be looking to start work on site as soon as possible."

Councillor Bob Greenland, Monmouthshire County Council's Deputy leader, said: "It is obvious that the majority of people in Abergavenny want this project to go forward.

"The only thing that has been stopping us from carrying out this regeneration of the town centre and construction of a fit for purpose livestock market has been the legal challenges. The removal of the CPO will allow us to make tangible progress in delivering this much needed project."

A decision of the High Court in Cardiff on July 25 granted Keep Abergavenny Livestock Market campaigners permission to have this Judicial Review, reversing an earlier court decision which had refused it.

This means that two judicial reviews are due to be heard, in October.

KALM spokesman Barry Greenwood commented, "These legal judgements are already a full vindication of our campaign's legal challenges. As reported in the Chronicle recently, MCC Councillor Bob Greenland, who is responsible for driving this project through, has criticised the granting of legal aid to KALM.

"Perhaps Monmouthshire County Council and the minister should now reflect on the way their decisions have been made. Whatever the final outcome, the High Court in Cardiff has decided that there are sufficient grounds to mount legal challenges into their decisions."

Councillor Greenland responded and said, "The council is disappointed that having first decided there was no arguable case against the Minister's decision to repeal the obsolete Abergavenny Improvement Acts this view was changed by the Court on appeal from KALM.

"This is, of course simply a preliminary hearing and whilst primarily a matter for the Minister, the council remains committed to providing Abergavenny with a new superstore and library as well as providing the agricultural community with a "state of the art" livestock market in Raglan."

He added: "The Abergavenny Chronicle has demonstrated by a succession of polls that the public want the council's scheme to be delivered and are appalled that KALM continue to use public funds in claiming legal aid to fight democratically taken decisions."

Project Director Steve Greenslade said: "Whilst the further delay is regrettable, a major concern is that fighting KALMs various actions continues to drain money from the council's major priority of investing in the county's secondary schools, including Abergavenny's King Henry VIII School.

"As well as financing the library and the new market, the Morrisons receipt would make a significant contribution to that multi million pound project."