Erect New Plant/Equipment (Oxidiser Unit) and Change the Use of Land to Be Used in Connection with the Business

PREFACE ITEM

APPLICANT(S) NAME: Blaenau Gwent County Borough Council

PROPOSAL: Erect new plant/equipment (oxidiser unit) and change the use of land to be used in connection with the business

LOCATION: Cotech Sensitising Ltd, Units 13-16 Tafarnaubach Industrial Estate, Tafarnaubach, Tredegar.

Notification has been received from Blaenau Gwent County Borough Council in respect of a new plant/equipment (oxidiser unit) and change the use of land to be used in connection with the business. The development is proposed within the Tafarnaubach Industrial Estate and on an area of land adjacent to the existing units 13-16 currently occupied by the company.

Officers have considered the nature and location of the proposal and are of the view that it would have no significant material planning impact upon this council’s administrative area.

Recommendation: That officers be authorised to advise Blaenau Gwent that this Council has no objection to the proposal.

PREFACE ITEM

APPLICANT(S) NAME: Rhondda Cynon Taf County Borough Council

PROPOSAL: Proposed wind turbine up to a maximum of 68.5m overall

LOCATION: Dragon Plastics Limited, Taffs Mead Road, Pontypridd

Rhondda Cynon Taf requested observations from this Council with regards to a proposed wind turbine at Dragon Plastics Limited, Taffs Mead Road, which is at Treforest Industrial Estate. The turbine would be 45m high to the hub and the rotor would have a diameter of 47m, giving a total maximum height of 68.5m.

Both the Head Of Public Protection and the Planning Division’s Countryside and Landscape Manager have been consulted on the proposal and their observations are as follows:

Group Manager of the Environmental Health Department has no cause for objection or comment on the basis that the distance between the proposed turbine location and the authority boundary negates any adverse environmental impacts that may arise.

Group Manager of Countryside and Landscape Services comments that in terms of visibility the proposed wind turbine would have a low impact from key viewpoints within Caerphilly Borough and in terms of noise the proposed wind turbine would have no impact. However, concerns were raised in terms of ecology with regards to the negative impact on the existing avian migratory route across the ridgeway, and further evidence would be required.

Therefore it is concluded that, following the assessment of the proposal by these officers and subsequent site visits, the proposal would have no significant adverse effects on Caerphilly County Borough.

It is recommended that Rhondda Cynon Taf be informed that this Council has concerns about the possible adverse effects on ecology, in particular the affect on avian migratory routes.

______PREFACE ITEM

APPLICATION NUMBER: P/99/0768

APPLICANT(S) NAME: Redrow Homes

PROPOSAL: Re-develop former colliery for housing, employment, shop and pub, including land reclamation and conversion of pit head buildings

LOCATION: Penallta Colliery, Penallta Road, Ystrad Mynach

On 23rd August 2003 the planning permission was issued for the above development. When resolving to grant permission the Planning Committee also resolved that the discharge of the conditions should be referred back to the Committee for determination.

Condition Number 2 attached to the permission states:

‘Notwithstanding the submitted details approval of the details of the siting, design and external appearance of all the new buildings and the refurbished bath house, the means of access thereto and the landscaping of the site shall be obtained from the Local Planning Authority before such development is commenced.’

Redrow Homes, the owner of approximately two thirds of the site, have submitted details for Phase 1B of the new residential development. Committee will recall approving a Masterplan and Design Brief for the whole site and also approving the design and layout for Phase 1A and the southern of the two main accesses into the site of the development in February 2005. The construction of that phase is progressing, with some properties now occupied, and Redrow are seeking permission for the next phase to allow continuity.

Phase 1B is located to the south east of the main colliery site, and to the north of existing housing in Dyffryn Street and east of Clos Bryn Celyn. The area of this phase is 6.45 hectares and provides for 107 dwellings at a density of approx 17 per acre, which is lower than Phase 1A. A landscaped buffer is proposed along the boundary of the site with existing houses, with an established stand of trees being retained between the new site and the houses in Clos Bryn Celyn. The eastern edge of the phase will have views over the Nant Cylla Valley and to the escarpment rising to Cefn Hengoed.

The layout follows the agreed road hierarchy, retaining the pattern of the primary roads (the avenue) as shown on the masterplan. The highway pattern remains as a grid with a high degree of both vehicle and pedestrian permeability. The landscaping of both private and public areas is consistent throughout Phase 2, taking the palette of materials and planting species agreed in the design brief and applying these to open spaces. The full landscaping scheme for Phase 1B will be submitted following the approval of the layout.

Cont… Preface P/99/0768 Continued.

The proposed 107 dwellings comprise a mixture of 2, 2.5 and 3 storey buildings. House types, designs and materials are the same mix as approved and being constructed on Phase 1A.

COMMENTS FROM CONSULTEES

Group Manager (Transportation Planning: notes that five of the plots do not have sufficient parking spaces and has concerns about the parking arrangements for Plots 240 to 243 because of the distance between the houses and the spaces, resulting in on street parking and possible security issues. He comments that the road width fronting Plots 160 to 243 needs to be a minimum 5.5 metres, the turning facility adjacent to Plot 160 needs to cater for the turning movements of a refuse vehicle, and that the length of adoptable highway on the access road serving plots 221 and 222 needs to be extended across the frontage of plot 219.

Head of Public Protection: comments on the availability of storage space for bins and recycling boxes, and the need to consider access for the refuse collection vehicles.

Architectural Liaison Officer for Gwent Police: comments on the need to ensure that all available security design features are incorporated into the proposed scheme and its facilities, and recommends that the development be constructed in accordance with The Secured by Design Scheme, operated by Gwent Police and the Association of Police Officers. He expresses concern about a number of footpaths that provide uncontrolled access throughout the estate, and the location of some car parking spaces away from their owners properties.

PUBLICITY

The residents of Dyffryn Street/Penallta Villas/Clos Bryn Celyn were notified of the submission. Two letters, one on behalf of three residents in Clos Bryn Celyn and another on behalf of other residents have been submitted. The points raised together with comments on the points are set out below:

• Some boundaries to the rear of Clos Bryn Celyn were not correct and an area of trees to be protected is not included. There is a gap in the proposed landscaping strip. Comment: Whilst some of the boundary issues and extent of tree protection have been resolved by an amendment to the original scheme, there remains two particular issues that require further consideration. • How can Redrow continue with Phase 1b when so much of Phase 1a is unfinished? Comment: Redrow are seeking permission of the next phase to allow continuity of development. It is unreasonable to prevent such continuity. • Road surfacing unfinished in Duffryn Street and gas main not laid as per the method statement for road works. Comment: The condition of the highway has been drawn to the attention of the Group Manager (Transportation Planning) with a request to take appropriate action. The installation of the gas main was not a requirement of the planning permission for the redevelopment of the colliery site or the approval of the drainage connection.

Cont……. Preface P/99/9768 Continued.

• Trees/screening still missing and boundary at Dyffryn Street not sealed. Comment: The boundary between Dyffryn Street and the Redrow site has now been sealed by the erection of the boundary fence and the completion of the landscaped strip. It is however correct that the landscaped strip is not as wide as indicated at the time of the approval of Phase 1A. Whilst Redrow have complied with the revised planting details, the area is being examined to see whether some further planting can be carried out. • Inadequate dust controls in place for Phase 1A, suppression and speed limits need to be introduced and strictly monitored. Comment: Nuisance from dust will be monitored by officers in Environmental Health. • Inadequate enforcement of working hours for operation of heavy/noisy machinery. Comment: Working hours will continue to be monitored by officers in Environmental Health. • Investigations into vibrations never completed – therefore no further use of this compacting machinery to be allowed in proximity to housing. Comment: The method of ground reclamation and remediation to the north of Duffryn Street and Clos Bryn Celyn may require the use of compacting machinery. • Plans verified to ensure actual positioning of boundaries, landscaping, fences, walls and buildings correlates with drawings – unlike Phase 1A. Comment: This exercise is being done for Phase 1B. • Fencing and landscaping of 1A still under review. Comment: As mentioned above the fencing has been erected and the landscaping is being examined further. • Parking and site access for contractors to be strictly regulated and not allowed to continue unchecked as for 1A – specifically in regard to the potential access point at Clos Bryn Celyn. Comment: Parking of contractor’s vehicles is not controlled through the planning permission. It is a matter for Redrow to control taking into account the need to be sensitive to the existing residents. • Cleaning programme to be introduced for resident’s property affected by Redrow works. Comment: This is a private matter between residents and Redrow. • Plans for new roadways include what appears to be provision for future access road between Penallta Villas and Phase 1B. Residents want the Council to ensure that no access to the new estate is possible, now or in the future, through our community. Comment: A link such as that referred to would not be acceptable • Redrow need reminding that this is not a building site as they repeatedly suggest – it is (or was) a quiet residential community that has no desire to be part of their plans. Comment: This comment has been passed on to Redrow.

Cont……… Preface P/99/0768 Continued.

ANALYSIS

The submission has been the subject of discussion between officers and Redrow to ensure that the concepts set out in the approved Masterplan and Design Guide are achieved. Whilst it is considered that the overall design and layout of Phase 1B is generally acceptable and consistent with the Masterplan and Design Guide, there are a number of detailed issues that require further consideration.

These relate to the several highway/parking issues identified by the Group Manager (Transportation Planning), the boundary issues and tree protection to the rear of Clos Bryn Celyn, and the ground (including garden) levels, retaining structures and positions and heights of fences in Plots 140 to 143 in particular in relation to the adjoining existing houses. The comments of the Gwent Police have been taken into account by the Developer. Some of the footpath links which are intended only for residents to gain access to car parking spaces will not be gated with keys being given to residents affected. The comment about distances of car parking spaces from houses is one that will be considered further with the Developer.

However, to allow continuity of development it is considered reasonable to approve a number of the Plots that are not affected by these detailed issues, but reserve the remainder for further discussion with the Developer and subsequent approval.

The design issues raised in the one resident’s letter have been addressed for the most part, but issues with regards the landscaping strip and tree retention and a length of boundary remain to be resolved. Many of the points raised in the other residents’ letter are related to the impact of construction rather than the design and layout itself. These matters can be dealt with in the normal course of monitoring the site development.

RECOMMENDATION that the design and layout of Plots 224 to 234 only in Phase 1B as shown on the Site Layout Drawing Number 3831-15-04-001 be approved, and that the Chief Planning Officer be authorised to determine all other details in Phase 1B following further discussions with the Developer.

______PREFACE ITEM

APPLICATION NO. P/06/0220

APPLICANT(S) NAME: Mr D Powell & Hallventure Ltd

PROPOSAL: Demolish existing building and construct new office/retail premises

LOCATION: 2, 4 & Former Beulah Methodist Church Pontygwindy Road Caerphilly CF83 3AA

At the Planning Committee held on the 15th November 2006, this application was deferred for submission of a further report which identified reasons to refuse. The original report is attached as an appendix.

The following reasons are considered reflective of the concerns raised by members at the aforementioned meeting:-

(1) The proposal would as a result of its scale and massing have an overbearing impact upon and cause a loss of daylight to the adjoining dwelling to the north, (known as Greenfield Cottage) to the detriment of the residential amenity of the occupier. As such it would be contrary to Policy DC1 (C) of the Council Approved Unitary Development Plan. (2) The proposed building has an adverse effect on the street scene by virtue of its design and scale which result in it forming an incongruous building at this location. As such it is contrary to Policy DC1 (B) of the Council Approved Unitary Development Plan.

PREFACE ITEM

APPLICATION NUMBER: 06/0258/FULL

APPLICANT(S) NAME: Wolverhampton & Dudley Breweries PLC

PROPOSAL: Public house and restaurant, manager’s flat, car park, terrace and play area

LOCATION: Unit 1 Newbridge Gateway, Newbridge

This application was deferred at the last Planning Committee to allow members to be appraised of the provision of an access through the site for schoolchildren visiting the playing fields to the south of the site.

The appropriate members and officers will meet before this Planning Committee on 6th December, and officers will report on the matter further at committee.

A copy of the original report is attached as an appendix and the recommendation is as before.

PREFACE ITEM

APPLICATION NO. 06/0362/FULL

APPLICANT(S) NAME: Punch Pub Co

PROPOSAL: Erect single storey extension, block up two doorways, form new doorway, create new level patios, two covered pergolas and internal alterations

LOCATION: TA's Public House 56 High Street Blackwood NP12 1HP

This application was reported to the Planning Committee on 25 October 2006 with a recommendation that permission be granted subject to conditions; a copy of the original report is attached as an appendix. The Committee resolved to defer consideration for a site visit which took place on 13 November 2006.

The application was reported back to the Planning Committee on 15 November when a decision was deferred to allow a reason for refusal based on the issue of residential amenity to be prepared.

Members are reminded that the use of the curtilage of the public house as a ‘beer garden’ would not in itself constitute a material change of use requiring planning permission, and that an ‘hours of operation’ condition was recommended in respect of the proposed beer terraces to prevent their use after 10pm. However, if members are minded to refuse permission, the following reason for refusal is suggested:-

The proposed covered terraces within the southern side curtilage of the public house would have a detrimental effect on the residential amenity of residential occupiers within the vicinity of the premises by virtue of late night noise. The proposal is, therefore, contrary to Policy DC1 of the Council Approved Unitary Development Plan.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

P/05/1366 Coral Estates Ltd Recolour shopfront, install air 05.10.2005 112 Clare Road conditioning, erect satellite dish Grangetown and internal alterations at Cardiff 44 Cardiff Road Caerphilly CF83 1JQ

APPLICATION TYPE: Retention

SITE AND DEVELOPMENT

Location: 44, Cardiff Road, Caerphilly – in core of Caerphilly shopping centre - opposite the junction with Stockland Street.

Site description: Two storey building, with retail on ground floor, and a first floor flat.

Development: Ground floor only - new ‘re-coloured’ shopfront, installation of air conditioning, erection of satellite dish and internal alterations.

Dimensions: Satellite dishes 900mm and 600mm in diameter; two x air conditioning units 800mm wide and 600mm high (one set a distance of 800mm above ground level, the other at 3 metres) fixed to the rear elevation.

Materials: Tiled columns and stallrisers, and glazed aluminium shop front proposed painted Coral Blue.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

P/98/0726 Erect internally illuminated fascia and projecting advertisement signs Approved 21.09.1998. 5/5/92/0482 New shop frontage and internal alterations Approved 16.09.1992. 5/5/92/0484 Erect fascia and projecting advertisement signs Approved 16.09.1992.

POLICY

Site Allocation

Development Plan: Mid Glamorgan County Structure Plan – not allocated.

Cont………. Application No. P/05/1366 Continued.

Council Approved UDP: Land within settlement boundary, allocated as retail.

Policies

Development Plan: There are no policies of direct relevance in the Mid Glamorgan Structure Plan.

Council Approved UDP: Policies DC1 (Development Criteria) and DC4 (Supplementary Planning Guidance); Development Design Guide 5 - ‘Shopfronts Design Guide”.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - No objection.

Head Of Public Protection - Requires a scheme detailing acoustic enclosure to address a problem of noise disturbance to adjacent residential uses and consideration should be given to a condition to ensure that the units are turned off at 7pm every night.

Caerphilly Town Council - Raises no objection to the proposal.

Extent of advertisement: Site notice and six neighbour letters.

Response: One letter from adjacent resident.

Summary of observations: The neighbour objected to the air conditioning units on the grounds that they are and would be unbearably noisy, and detrimental to her residential amenity.

Cont………. Application No. P/05/1366 Continued.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? None.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies: The shop front faces Cardiff Road, and the proposal would re-colour an existing glazed aluminium shop front in the company corporate colour scheme. It is located between a shop with a similar style of display window, and the Kings Arms Public House, which is of traditional design. The alteration to the shop front would have little impact as there would be no physical changes and only the colour scheme would be altered. The alterations are in compliance with Policy DC1 of the Approved Unitary Development Plan, and the shop front is considered to be satisfactory.

A second element of the application is for permission to install air conditioning equipment, to the rear elevation of the building. The two new units replace existing units, and are fixed in similar positions. The units are fitted and were operating from February 2006, by which time the Head of Public Protection had already received complaints from the neighbour. From a visual appearance perspective, the units are not detrimental to visual amenity, and considered to be acceptable. However, a neighbour has objected to the increased noise, (over and above that which was her experience with the original units) and the Head of Public Protection has requested additional information and, ultimately, a noise reduction scheme has been negotiated.

The third element is the fitting of two satellite dishes to the eaves of the building at the rear. These dishes are of a modest scale, and individually would fall within the regulations for permitted development. There would be no significant effect upon the appearance of the building, and as such there would be no detriment to visual amenity of the immediate surroundings.

Comments from Consultees: Following the fitting of an acoustic screen/noise silencer, the Head of Public Protection has carried out a further assessment, and concludes that subject to a condition that precludes the air conditioning system from operating after 7.00pm daily, the proposals are considered to be acceptable. The reason for attaching a condition for operating hours of the air conditioning units is to ensure there would be no adverse impact upon residential amenity during the evenings and night-time when background noise levels diminish. Cont………. Application No. P/05/1366 Continued.

Other material considerations: None.

The proposals are in accord with the general policy DC1 of the Council Approved Unitary Development Plan, and are therefore considered to be acceptable.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

01) The air conditioning units hereby approved shall not operate between 1900 hours and 0800 hours daily. REASON: In the interests of residential amenity.

Advisory Note(s)

The development plan for this area consists of the Mid Glamorgan Structure Plan, and the Council Approved Unitary Development Plan. Policy DC1 of the Council Approved Unitary Development Plan is of relevance to the condition/s imposed on this consent.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

P/05/1573 Committee, Senghenydd Drop- Partly demolish and erect new 16.11.2005 In Centre extension with lift, internal The Old Caretakers House alterations and clean front and Community Centre Building retain as Youth Drop-In Centre Gwern Avenue Senghenydd Youth Drop-in Senghenydd Centre at Caerphilly Old Caretakers House CF83 4HA Gwern Avenue Senghenydd CF83 4HA

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: Residential street with other non-residential uses (similar to the application building) within the settlement of Senghenydd.

Site description: The application building is a wing of a community centre that fronts Gwern Avenue at the junction with Park Cottages. This part of the building is used as a drop in centre. To the front it is two storeys in height, to the rear is a single storey extension and small yard.

Development: Full planning permission is sought to increase the footprint of the rear extension and to add a first floor above it. This will provided an additional room on the ground floor and on the first floor, with a lift and toilet facilities.

Dimensions: The extension is two storeys with a footprint of 13 metres by 5.5 metres.

Materials: The submitted details show external finishes that match the existing building.

Ancillary development, e.g. parking: During the course of determination of this application further information has been received showing the provision of eight parking spaces to the rear of the community centre.

PLANNING HISTORY

No previous planning history.

Cont… Application No. P/05/1573 Continued.

POLICY

SITE ALLOCATION

Development Plan: There are no allocations of relevance in the Mid Glamorgan Structure Plan.

Council Approved UDP: The site is within the settlement boundary.

POLICIES

Development Plan: Mid Glamorgan Structure Plan - There are no policies of direct relevance to this proposal.

Council Approved UDP: Policy DC1 (development criteria).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? – No.

Was an EIA required? Not applicable.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? - No.

CONSULTATION

Group Manager (Transportation Planning) - raises no objection subject to the completion of the car parking to the rear of the community centre and its availability during the hours of opening. Gates that do not open out over the highway are also required.

Aber Valley Community Council - raises no objection.

Extent of advertisement: The development has been advertised on site and neighbouring properties have been consulted.

Response: No response has been received.

Cont… Application No. P/05/1573 Continued.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonably can to prevent crime and disorder in its area? It is not considered that the proposed development will have a material impact upon crime and disorder in the area.

ANALYSIS

Policies: The design of the proposed extension is in keeping with the character of the host in accordance with policy DC1. The building occupies a large part of the site, but the extension does not significantly extend the overall footprint of the building, the main increase in space being provided at first floor. It provides a lift giving access to the disabled and toilets to serve not only the extension but also the existing accommodation. It therefore raises quality of the facilities and accessibility of the existing building.

Comments from consultees: During the determination of this application the Group Manager (Transportation Planning) has drawn attention to the fact that the application site as first identified has no off-street parking provision. The application site has been extended to include an area to the rear of the Community Centre that is usually kept closed. Group Manager (Transportation Planning) raises no objection subject to that area being made available for car parking and its accessibility during the hours the centre is open.

Aber Valley Community Council raises no objection.

Comments from public: None.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

01) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. REASON: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990.

02) The development hereby approved relates to the site location plan received and the car park layout plan on 30th August 2006, and the elevational drawing No 260/6/A received on 6th November 2006. REASON: For the avoidance of doubt.

Cont… Application No. P/05/1573 Continued.

03) The car parking layout hereby approved shall be completed, surfaced in permanent materials and marked out in accordance with the parking layout received on 30th August 2006 prior to the first use of the extension hereby approved, and it shall there after be maintained free of obstruction and available for parking use during the hours that the extension is in use. REASON: To ensure the provision of adequate off-street parking provision.

04) Any gates fitted at the entrance to the parking area shall not open out over the highway and shall be kept open during the hours that the extension is in use. REASON: In the interest of highway safety.

05) The materials to be used in the construction of the external surfaces of the extension hereby permitted shall match those used in the existing building. REASON: In the interests of visual amenity.

Advisory Note(s)

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: Policy DC1.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

P/06/0332 Mr G Hardacre Erect four bedroom detached 14.03.06 Is Y Coed dwelling on 13 Cwm Darran Place Plot Of Land At South Side Of Deri New Road (adjacent To Bargoed Surgery) CF81 9GA Deri

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: Plot of land to the south side of New Road adjacent to the surgery at Deri.

Site description: The site is situated within settlement limits on the site of the former concrete works at the southern end of the village of Deri in the Darren Valley. This is a brownfield site, which has been fully reclaimed by the former Welsh Development Agency under a land reclamation grant, and in accordance with a planning permission granted in 1997 (reference P/97/0695). The site is accessed from an adopted highway to the north, which passes the Darren public house, a small church and medical centre. The Nant Bargoed Rhymni forms the eastern boundary with a former railway embankment, now a cycleway/footpath forming the western boundary. A multi-use games area (MUGA) is located to the southern boundary of the site beyond which planning permission for a new community centre has recently been approved.

Development: Full planning permission is sought to erect one detached dwelling with attached double garage and rear conservatory.

Dimensions: The footprint of the dwelling measures 12m x 15m x 9.6m high with a ridge roof. The rear conservatory measures 4m x 4m x 3.7m high. The footprint of the attached garage measures 5.5m x 6.3m x 4.1m high with a ridge roof.

The internal layout of the dwelling comprises a lounge, dining room, kitchen, utility, shower room, family room and cloakroom on the ground floor. The second floor comprises 4 bedrooms, two en-suite, and one bathroom. There are also two rooms in the attic.

Cont… Application No. P/06/0332 Continued.

Materials: The materials to be used in the external finishes of the dwelling comprise red/brown spectrum face brickwork in the walls, red/brown roof tiles, and antique pine upvc windows and doors.

Ancillary Development, e.g. parking: Attached double garage to the front of the property including a parking and turning area.

PLANNING HISTORY

P/97/0918 - Site portakabin type temp building for use as doctors surgery - Approved 17/12/97.

P/02/0152 - Use land for housing community centre and multi use games area - Approved - 22/03/02.

POLICY

Site Allocation

Development Plan: Within settlement limits defined in the Adopted Upper Rhymney Valley Local Plan.

Council Approved UDP: Within settlement limits - Policy DC2, and also a land reclamation scheme - Policy D1(8).

Policies

Development Plan: Adopted Upper Rhymney Valley local Plan - standard development control criteria - Policy EV3.

Council Approved UDP:

Policy H2 states: -

“Proposals for housing development on windfall and small sites within settlement boundaries will be permitted provided that:-

• Neighbouring land uses will not detract from the residential amenity of the development; and • The development would not result in insensitive or inappropriate infilling which would spoil the character of an existing residential area.”

Cont… Application No. P/06/0332 Continued.

The development has also been assessed against standard development control criteria contained in Policy DC1, which are the principle mechanisms for achieving good design together with associated supplementary planning guidance contained in Design Guide 1 - Building Better Places.

National guidance in Planning Policy Wales (para. 2.9.9) also encourages good design to be the aim of all those involved in the development process. The guidance states

“The visual appearance of proposed development, its scale and its relationship to its surroundings are material planning considerations and local planning authorities should reject poor designs. External layout, access and setting all need to be considered.”

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

SECTION 17 CRIME AND DISORDER ACT

The applicant is advised to contact the Police’s Architectural Liaison Officer to discuss Secure by Design principles in the design and construction of the development hereby approved.

CONSULTATION

Dwr Cymru - confirms that the site is crossed by a public sewer/rising main/disposal main and that a foul and surface water discharges must be drained separately from the site. It provides advice to be conveyed to the developer in respect of the same.

Environment Agency (Wales) - having considered a Flood Consequences Assessment submitted on behalf of the applicant, recommends as a precautionary measure that finished floor levels are set 600mm above ground level. It also provides advice to be conveyed to the developer in respect of the maintenance in good order of watercourses given the proximity of Nant Bargoed Rhymney to the development.

Cont… Application No. P/06/0332 Continued.

Western Power Distribution - and Wales and the West Utilities confirm the existence of their apparatus within the vicinity of the site and provide advice to be conveyed to the developer in respect of the same.

Head Of Public Protection - raises no objection to the development but requests a condition be attached to any consent with regard to the contamination of the land together with a standard condition in respect of the importation of soils or materials. He provides advice to be conveyed to the developer in respect of the same.

Group Manager (Transportation Planning) - has no objection to the development subject to conditions in respect of the means of access, parking and turning facilities and that the garage shall not be physically altered or converted and made available for the parking of vehicles at all times. He provides a note that the completion of the community centre development should satisfy the requirement to provide a satisfactory means of access.

Senior Engineer (Land Drainage) - provides advice to be conveyed to the developer in respect of drainage.

Countryside Council For Wales - refers to the Ecological Survey Report and Scheme of Mitigation by Just Mammals on behalf of Caerphilly County Borough Council. Both slow worms and otters are potentially affected by this development and request that prior to the commencement of any works on site, a detailed reptile mitigation strategy shall be prepared and submitted to the Local Planning Authority for approval in consultation with the Countryside Council For Wales.

Darran Valley Community Council - raises no objection to the development.

Extent of Advertisement: The application was advertised on site, and neighbouring properties were consulted.

Response

Number of letters: None.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? Yes.

Cont… Application No. P/06/0332 Continued.

If yes, the development must be considered against the following three tests.

(a) That there is a satisfactory alternative.

(b) It will not be detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range.

(c) It is in the interests of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment.

With regard to Test 1, the development of the site has been considered and a Development Brief in respect of the Land at the Former Concrete Yard, Deri to develop the site to include a community centre, multi use games area (MUGA) and housing, was adopted by this Council in April 2003.

With regard to Test 2, the ecological assessment has indicated that with suitable mitigation measures in place the long term nature conservation status of the species will not be affected and section 13 of the ecological report submitted with the application makes recommendations for mitigation.

The details of the mitigation will be confirmed through the application for a NAW development licence for European Protected Species and appropriate conditions should be attached to any consent in respect of the mitigation measures for otters or any species listed under Schedules 2 and 4 of the conservation (Natural Habitats & Countryside) Regulations 1994.

The ecological report also identified that the site was used by reptiles, which are a UK protected species, and a condition should be attached to any consent requiring a detailed translocation method statement.

Finally, with regard to the third test, this dwelling is part of the social and economic regeneration of this area.

Cont… Application No. P/06/0332 Continued.

ANALYSIS

The site is included in an area of land known as the former Concrete Yard, Deri. A site development brief in respect of the whole site was adopted as supplementary planning guidance to the Council Approved Unitary Development Plan in April 2003 and included the provision of a community centre, a multi use games area (MUGA) and housing. Planning approval in respect of the community centre and MUGA has already been granted and the MUGA has been constructed. The design of the community centre and MUGA conform generally to the layout indicated in the brief. However, after consideration of the whole site in light of a new topograpic survey undertaken, the original layout from the site development brief can no longer be achieved, as the width of the site is narrower than that indicated in the brief and access and car parking arrangements have been required to deviate from the layout indicated in the brief. The area of land subject of this application is to the north of the community centre.

In the determination of this application, consideration has to be given to the policies quoted above. In this respect given that the policies and proposals in the Council Approved Unitary Development Plan have been through a full process short of formal adoption, they will be given more weight than the older Plans and as such are a material consideration when determining planning applications.

The site is included within the settlement boundaries of both the Adopted Upper Rhymney Valley Local Plan and the Council Approved Unitary Development Plan. The site represents a potential windfall site and in this respect has to be considered in terms of Policy H2 of the Council approved Unitary development Plan together with standard development control criteria contained in Policy DC1.

In this respect, the main issues in relation to this application are the scale and design of the proposed scheme, the effect the development would have upon the amenity of neighbouring properties and the character of the surrounding area and also upon highway safety.

It is considered that the development proposed would accord with local plan policies and would be acceptable in terms of scale, form and design. The street scene and character of the area will not be adversely affected by this development. Further more, it is considered that the development would not have an unacceptable effect on the residential amenity of neighbouring properties.

Sufficient parking provision and amenity space are provided and there is adequate separation distance between existing habitable room windows to safeguard privacy standards. The concerns of the Council's Highway and Drainage Engineers and the Head of Public Protection referred to above may be addressed by attaching appropriate conditions to any consent. Cont… Application No. P/06/0332 Continued.

The ecological report submitted with the application identifies the presence of otters, which are protected species under the EC Habitats Directive. Consequently, it is considered appropriate to attach a condition to any consent requiring mitigation measures. It is also considered necessary to attach appropriate conditions to any consent in relation to the presence of any species listed under schedules 2 or 4 of the Conservation (Natural Habitats, &c) Regulations 1994. The ecological report also identified that the site is used by reptiles and as such a condition requiring a detailed translocation method statement for reptiles is considered appropriate.

Also, the rear of the plot (excluding the river embankment) supports a dense group of seedling alder. On the river bank itself there are some mature and over mature alder and seedling alder. The loss of the seedling alder on the plateau area (that would become the rear garden) is acceptable but a landscape corridor should remain along the river embankment, which should be secured, in the long term. Also, it would be preferable to retain a strip of the river corridor for biodiversity reasons as well as landscape and in this respect a post and wire fence or post and rail fence would be preferable than the proposed 1.8 m high close boarded fencing. This may be addressed by attaching an appropriate condition to any consent.

In conclusion, it is considered that the proposed development would be acceptable infilling within the settlement boundary and that the detailed requirements of UDP Policy DC1 are either met or could be achieved by imposing conditions on the planning permission.

RECOMMENDATION that permission be GRANTED.

This permission is subject to the following condition(s)

02) Mitigation measures for otters shall be carried out in accordance with the recommendations listed in Schedule 13 of the Ecological Survey Report and Scheme of Mitigation May 2005 unless otherwise agreed in writing by the Local Planning Authority. REASON: To ensure that mitigation measures are followed in the interests of protected species.

Cont… Application No. P/06/0332 Continued.

03) Where any species listed under schedules 2 or 4 of the Conservation (Natural Habitats, &c) Regulations 1994 is present on site (or other identified part) in respect of which this permission is hereby granted, no works of site clearance, demolition or construction shall take place in pursuance of this permission unless a licence to disturb any such species has been granted in accordance with the aforementioned Regulations and a copy thereof has been produced to the Local Planning Authority. REASON: To ensure that mitigation measures are followed in the interests of protected species.

04) Prior to the commencement of any vegetation or site clearance works on site a detailed translocation method statement for reptiles shall be prepared and submitted to the Local Planning Authority for approval. Translocation of reptiles shall be carried out in accordance with the approved reptile translocation method statement. REASON: To ensure that mitigation measures are followed in the interests of protected species.

05) Notwithstanding the submitted plans, beneficial occupation of the dwelling hereby approved shall not take place until a satisfactory means of access has been provided to the site at a point and with appropriate visibility spays in accordance with details that shall be agreed with the Local Planning Authority. REASON: In the interests of highway safety.

06) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order) the garage approved as part of this development shall not be physically altered or converted to any other domestic purpose without the prior approval of the Local Planning Authority. The garage(s) shall be made available at all times for the parking of motor vehicles associated with the residential use of the dwelling hereby approved. REASON: In the interests of highway safety.

07) The building shall not be occupied until the area indicated for the parking and turning of vehicles has been laid out in accordance with the submitted plans to the satisfaction of the Local Planning Authority and that area shall not thereafter be used for any purpose other than the parking and turning of vehicles. REASON: In the interests of highway safety.

Cont… Application No. P/06/0332 Continued.

08) Development shall not begin until a scheme to deal with the contamination of the site has been submitted to and approved in writing by the Local Planning Authority. That scheme shall include a ground investigation and a risk assessment to identify the extent of the contamination and the measures to be taken to avoid risk to the occupants of the development when the site is developed. The development shall be carried out in accordance with the approved scheme. REASON: In the interest of public health.

09) No building approved by this permission shall be occupied until a report has been submitted to and approved in writing by the Local Planning Authority, which verifies that the required works have been undertaken in accordance with the remediation strategy. REASON: In the interest of public health.

10) No soil or fill material shall be brought onto site until a scheme for the importation to the site, and testing for contamination, of these have been submitted to and agreed in writing with the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme. REASON: In the interest of public health.

11) Notwithstanding the submitted plans, the means of enclosure along the rear of the site adjacent to the river shall comprise of either a post and wire fence or a post and rail fence. REASON: To protect the environment of protected species and in the interests of biodiversity.

Advisory Note(s)

The development plans relevant to this application are the Mid Glamorgan Structure Plan, the Adopted Upper Rhymney Valley Local Plan and the Council Approved Unitary Development Plan). Policy DC1 of the UDP is relevant to conditions attached to this consent.

The applicant is advised of the comments of Wales and the West Utilities, Western Power Distribution, Dwr Cymru, Head Of Public Protection, Senior Engineer (Land Drainage), Group Manager (Transportation Planning) and the Environment Agency (Wales).

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

P/06/0629 Cray Valley Ltd Excavate, on-site treatment and 17.05.2006 Mr T John back filling of approximately Waterloo Works 21,000 cubic metres of Waterloo contaminated soils with no Machen significant change to levels Caerphilly across site proposed at CF83 8YN Cray Valley Including Valspar Leased Area Waterloo Works Machen Caerphilly

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: The site is a former paint works which closed in April 2004. It is located to the north of the settlement of Waterloo and lies between that settlement and the River Rhymney.

Access to the site is from the un-numbered classified road which junctions with the A468 (Newport Road) to the north.

Site description: The site is relatively level. Its past industrial use required large areas of concrete slabbing, much of which is currently being removed from the site, along with the demolition of the buildings and plant.

The overall site was mainly occupied by the Cray Valley works, although a smaller area located centrally along the northern border, was occupied by a company called Valspar. This business ceased trading in October 2006 and its buildings are currently being demolished to allow for the overall remediation of the site.

Development: The proposal involves the excavation and on-site treatment of 21,000 cubic metres of contaminated material. This material once cleared up will be re-spread and levelled to ensure that the ground contours remain materially unaltered.

The applicant has submitted a Remedial Strategy Report in this regard, in which the objectives of the strategy are laid out for the remediation and validation of the site prior to its disposal by Cray Valley for redevelopment.

Cont… Application No. P/06/0629 Continued.

The report also indicates that the remediation is aimed at the end use of the site being residential. This corresponds with the related application currently with the Authority for the erection of approximately 500 houses, with offices, public open space, etc (i.e. Code Ref No. P/06/0037).

PLANNING HISTORY

P/99/0878 - Store toluene di-isocyanate (HSC) - No objection 25.11.99

P/97/0817 - Erect control room and electrical switch room - Approved 27.10.97

P/96/0120 - Plant and machinery buildings for manufacture of synthetic resin - Approved 24.10.96

5/5/94/0439 - Re-clad existing building - Approved 12.08.94

5/5/93/0189 - Erect drum and raw material store - Approved 03.06.93

5/5/92/0764 - New amenity building - Approved 11.02.93

5/5/92/0558 - Display sign - Granted 16.10.92

5/5/92/0195 - Re-roof, overclad and extend building - Approved 15.05.92

5/5/91/0238 - Erect laboratories and office - Approved 30.05.91

5/5/91/0237 - Erect mess room, office and toilet - Approved 30.05.91

P/04/1891 - On-site treatment and backfilling of approximately 15,000 cubic metres of contaminated soils with no significant change of site levels - Approved 8.12.05

This latter application is similar to the one now under consideration, albeit the site area did not include the Valspar operation.

POLICY

Site Allocation

Development Plan: The site lies within the settlement limit identified in the Adopted Caerphilly Basin Local Plan. In that Plan, it is specifically allocated for employment (i.e. Water Works).

Cont… Application No. P/06/0629 Continued.

Council Approved UDP: Again the site is located within the identified local plan settlement boundary and is also allocated for employment purposes (i.e. E2 (35)).

Policies

Development Plan: Policies E1 of the Adopted Caerphilly Basin Local Plan (there is a presumption against industrial development outside identified industrial sites) and EV2 (standard development control criteria).

Council Approved UDP: Policies E3 (protection of existing industrial sites), DC1 (standard development control criteria) and D6 (contaminated land).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Dwr Cymru - comments that the site is crossed by a public sewer and water main. It does not wish development to encroach within the easement either side of these sewers.

Environment Agency (Wales) - comments that although the site is within Zone C1 as defined in TAN15 because the proposed ground levels are no greater than the existing levels no further comment on flood risk is required.

With regard to the remediation strategy, the Agency considers that it is acceptable in addressing their concerns in respect to this development and they would expect the same conditions to apply as had previously been attached to the consent which excluded the Valspar site (P/04/1891).

Head Of Public Protection - raises no objection subject to the imposition of a range of conditions attached to any consent granted.

Group Manager (Transportation Planning) - raises no objection to the application.

Senior Engineer (Land Drainage) - has made no comment on the application.

Caerphilly Local Health Board - comments that the position remains the same as its comments on the previous application (P/04/1891).

Cont… Application No. P/06/0629 Continued.

Extent of advertisement: The application has been advertised by way of site and press notices, along with fifteen direct neighbour consultation letters.

Response: As a result of this consultation exercise, one letter of objection has been received.

Summary of observations: The site over the years has been a constant source of "dreadful smells". Its development for residential purposes is therefore unacceptable. Secondly, until confirmation is given that the proposed residents' health and those of existing residents can be adequately protected, any proposal should be refused.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? Yes.

The previous application (P/04/1891) was accompanied by an Ecological Survey which indicated that dormice have been recorded on the periphery of the site.

As a consequence, the development must be assessed against the following three tests:-

(a) That there is no satisfactory alternative:

Answer - The site is contaminated. This proposal will remediate it for the long term. To do nothing is not really an option as it will then remain contaminated near to a main river. As such, there is no satisfactory alternative.

(b) It will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range.

Answer - The development could cause a small loss of dormice habitat but appropriate mitigation measures have been put in place, prior to the remediation scheme coming in the summer to ensure that the development will not be detrimental to the maintenance of the population.

Cont… Application No. P/06/0629 Continued.

The developer also obtained the necessary licence from the Welsh Assembly Government under the Conservation (Natural Habitats etc) Regulations 1994 in respect of the impact on the dormice that could potentially arise from the remediation work.

(c) It is in the interest of public health and public safety, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance to the environment.

Answer - This proposal is in the interests of the public health of the area and the remediation of the site will improve the environment of the area.

ANALYSIS

Policies: In both policy documents, the site is identified and promoted for employment purposes. Whilst the report accompanying the application states that the applicant is seeking to remediate the land to a standard suitable or residential development at some future time, the current proposal is for the site's remediation only and does not propose any alternative uses. It is therefore in accordance with Policies E1 of the Adopted Caerphilly Basin Local Plan and E3 of the Council Approved Unitary Development Plan.

Any application for an alternative use/uses will need to be the subject of a separate application for consent, as is the case with the proposed application for the redevelopment of the land for housing, offices, community facilities, etc (Code Ref No. P/06/0037).

With regard to the policies relating to standard development control criteria (i.e. EV2 and DC1 respectively), the majority are not applicable due to the nature of this proposal. Those that are relevant are criteria (H) and (I) of Policy DC1. These state as follows:-

(H) The development would not have an unacceptable impact in terms of pollution.

(I) It would not increase the risk of flooding either on or off site and/or would not adversely affect flood management or maintenance schemes.

With regard to the former, it is evident that the use of the site for the production of paints and resins dates back to the fifties. The submitted report explains that the remediation is intended not only to restore the land to a condition suitable for residential development but also to improve existing ground water conditions.

Cont… Application No. P/06/0629 Continued.

The strategy focuses on the reduction of contamination primarily by bio-remediation. Bio-remediation uses the natural ability of micro-organisms to break down organic contaminants i.e. petrol, diesel and oils into harmless chemicals. However, it is envisaged that future developers of the site may further improve the site by the importation of clean soil and barriers.

The report identifies parts of the site that are most likely to be contaminated i.e. production and distribution areas. These will be excavated, analysed and divided into stockpiles according to their suitability for remediation. Those suitable for reinstatement will be re-used, those materials that fall within the criteria for remediation (bio-treatment) will be treated in a former warehouse that is being retained specifically for the remediation. Acceptably treated soil will be re-used. Excavated soil that is not suitable for remediation will be disposed off site. It is also anticipated that suitable crushed materials resulting from demolition will also be utilised on site. Throughout the process, monitoring of the contamination levels will be carried out to determine the efficacy of the work. The period of monitoring will continue after the completion of the remediation work.

The remaining policy of relevance (i.e. D6, contaminated land) is satisfied in that the proposal refers to the remediation of the site which is supported by this policy.

In the circumstances, it is accepted that there are no policy objections to this proposal.

Comments from Consultees: Environment Agency (Wales) has repeated its comments provided on the previous application for the remediation of the Cray Valley operation only (i.e. P/04/1891). This requires the imposition of a range of conditions relating to additional control matters and fuel/oil storage facilities.

Head of Public Protection has also considered many of the matters commented on by Environment Agency (Wales) and also additional matters. These were imposed as conditions on the earlier consent and, as this is a distinct application, recommends that these conditions be re-imposed on this permission if Committee recommends its approval.

Whilst the applicant may have discharged conditions relating to that previous permission, the current proposal represents a different area of land to that previously considered and, as such, a re-statement of the whole range of matters covered by the Head of Public Protection previously is considered expedient.

None of the other Consultees raised issues which could sustain a refusal.

Cont… Application No. P/06/0629 Continued.

The matter of the impact on the dormice habitat is one which has been addressed by way of the licence procedure already gone through between the applicant and the Welsh Assembly Government under the Conservation (Natural Habitats etc) Regulations 1994. The mitigation required for the licence obtained will address the needs of the habitat in respect of the current proposal as well as that previously granted.

Comments from public: In respect of the objections received, the responses of your Officers are as follows:

With regards to the first point, as a working operation, the site has exhibited odour problems over the years. However, with the closure of both the Cray Valley and Valspar businesses and their demolition, these odours should now have ceased.

Referring to point two, allied to the first point above, the closure of the operations is being accompanied by a remediation scheme for the site which is designed to remove the contamination to a standard suitable for subsequent development. The relevant Consultees on health and environmental issues consider that the information submitted is acceptable (subject to conditions) to adequately remove contamination from the site to allow its redevelopment.

Other material considerations: In view of the recent planning history of the site and the stage already reached in respect of the majority of the site (i.e. excluding Valspar) it is considered that the effect of the previous approval (P/04/1891) will be, to a large extent, undermined if the Valspar site remains unremediated. As long as the standard of remediation is maintained, it is considered that the total remediation of the site is in the best interests of the environment of the area.

Conclusion: In the circumstances, it is recommended that the proposal be approved, subject to conditions.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) The remediation works hereby approved must be carried out in accordance with the URS Remedial Strategy Report (including Valspar leased area) dated September 2006. REASON: To ensure the remediation strategy is correctly undertaken.

Cont… Application No. P/06/0629 Continued.

03) Any containers for the storage of oils, fuels or chemicals associated with the development hereby proposed shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound shall be at least equivalent to the capacity of the container plus 10% or where there are multiple containers the compound shall be at least equivalent to the largest container or combined capacity of interconnected containers, whichever is the larger, plus 10%. All filling points, vents, gauges and sight glasses shall be contained within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipe work shall be located above ground level and protected against accidental damage. All filling points and overflow pipes shall discharge downwards into the bund. REASON: To prevent pollution of the water environment.

04) Details of wheel washing facilities shall be submitted in writing to the Local Planning Authority within 1 week of the date of this consent. The agreed facilities shall be installed and utilised for the period of remediation works. REASON: In the interests of highway safety.

05) Within one week of the date of this consent, a post remediation long term monitoring and maintenance scheme with related reporting requirements, must be submitted to and agreed, in writing, by the Local Planning Authority. The development shall be carried out in accordance with the post remediation long- term monitoring and maintenance scheme. REASON: To ensure post remediation monitoring scheme is provided.

06) Within one month of the date of this consent, a sheme of monitoring vapour/gas during remediation, specifying the number and location of monitoring points, range of gas determinants to be monitored as well as the frequency and duration of the monitoring, must be submitted to and agreed, in writing, by the Local Planning Authority. The development shall be carried out in accordance with the scheme of monitoring vapour/gas. REASON: To ensure adequate monitoring of vapour/gas.

07) Within one month of the date of this consent, a method statement by which unidentified/unforeseen contamination will be dealt with in accordance with the URS method statement dated 22nd August 2005 must be submitted to and agreed, in writing, by the Local Planning Authority. The development shall be carried out in accordance with the agreed method statement. REASON: To take effective action where unforeseen contamination is encountered.

Cont… Application No. P/06/0629 Continued.

08) Within one month of the date of this consent, a method statement which stops work or details suitable action that will be required where there are exceedances in the monitoring results, or another identified risk, must be submitted to and agreed, in writing, by the Local Planning Authority. The development shall be carried out in accordance with the agreed method statement. REASON: To set stop or other limits where limits are exceeded.

09) Within one week of the date of this consent, a scheme for dust mitigation (including particulate matter 10) must be submitted to and agreed, in writing, by the Local Planning Authority. The development shall be carried out in accordance with the agreed scheme for dust mitigation. REASON: To ensure adequate dust mitigation measures are in place.

10) Within one week of the date of this consent, a scheme of noise mitigation must be submitted to and agreed, in writing, by the Local Planning Authority. This scheme should include the extent of operational hours at the site and the noise levels during these hours. The specified noise levels shall be measured over one- hour intervals and not the working day. The development shall be carried out in accordance with the agreed scheme for noise mitigation. REASON: To ensure adequate noise mitigation measures are in place.

11) Within one week of the date of this consent, a scheme for odour mitigation (including particulate matter 10), must be submitted to and agreed, in writing, by the Local Planning Authority. The development shall be carried out in accordance with the agreed scheme for odour mitigation. REASON: To ensure adequate odour mitigation measures are in place.

12) Within one week of the date of this consent, a health risk assessment must be submitted to and agreed, in writing, by the Local Planning Authority. That health risk assessment must relate to the final remediation strategy and take into account the comments of the Local Planning Authority's letter dated 5th October 2005 which conveyed the observations of Sinclair Knight Merz (SKM) (a copy of this letter is attached). The development shall be carried out in accordance with the agreed health risk assessment. REASON: To ensure an adequate health risk assessment is provided.

13) The site shall not be occupied following the completion of the remediation works until a report, including monitoring results, has been submitted to and agreed, in writing, by the Local Planning Authority which verifies that the development has been undertaken in accordance with the agreed final remediation strategy and health risk assessment. REASON: In the interests of the health of future occupants.

Cont… Application No. P/06/0629 Continued.

14) The transport of contaminated material off-site for subsequent disposal shall be carried out in accordance with the method statement entitled 'Off Site Disposal of Materials', URS letter dated 22nd August 2005. REASON: To ensure that unacceptable or contaminated materials are not imported to the site.

15) Within one week of the date of this consent, a scheme for the testing of soils and materials that are to be imported to the site has been submitted to and agreed, in writing, with the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme. REASON: To ensure that unacceptable or contaminated materials are not imported to the site.

Advisory Note(s)

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: policy DC1.

The applicant be advised of the comments of Dwr Cymru and Environment Agency (Wales).

The development plans for this area consist of the Adopted Mid Glamorgan Structure Plan (1989) and the Adopted Caerphilly Basin Local Plan. Policy EV2 of the latter Plan is relevant to the conditions imposed on this consent.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

P/06/0696 Charles Church (Wales) Ltd Erect residential development 30.05.2006 C/o White Young Green including all associated building 21 Park Place and engineering operations and Cardiff landscaping on CF10 3DQ Land At Mill Street Pontymister NP11 6LG

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: To the rear (west) of dwellings fronting Mill Street, Risca.

Site description: The site comprises a relatively flat area of land, the cleared site of a former dwelling that has recently been demolished. It also incorporates an area of land adjoining the dwelling curtilage and forming part of the previously-approved residential development on the former ROM site. The application site is bounded to the north and west by this residential development now under construction, to the east by the rear of dwellings fronting Mill Street, and to the south by the former railway line (proposed to be re-opened).

Development: Residential development (9 units) including all associated building and engineering operations and landscaping (full application).

Dimensions: The site area is approximately 0.24 hectares.

Materials: Facing brick and render with concrete roof tiles.

Ancillary development, e.g. parking: The site incorporates a 20-space park and ride facility associated with the proposed railway station on adjoining land.

PLANNING HISTORY

P/05/0326 Erection of residential development (64 units) on ROM site. Approved 16.12.05.

Cont… Application No. P/06/0696 Continued.

POLICY

Site Allocation

Development Plan: Adopted Islwyn Local Plan - the site lies within the settlement envelope.

Council Approved UDP: The site lies within the settlement boundary.

Policies

Development Plan: Adopted Islwyn Local Plan - Policies H5 (settlement envelopes), H3 (standard of residential development), D1-D6 (design of the built environment) and TRP3 (park and ride facilities).

Council Approved UDP: Policy DC1 (development criteria), H2 (development on unallocated sites), DC4 (supplementary planning guidance) and T10 (new rail stations). Advice contained within the Council's Adopted Development Design Guide 1: Building Better Places to Live.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Dwr Cymru - foul and surface water must be drained separately from the site and no surface water or land drainage run-off will be permitted to discharge to the public sewerage system. The site is crossed by public sewers and no development will be permitted within the safety zones.

Head Of Public Protection - no objection subject to conditions regarding contamination of the site and soil importation.

Group Manager (Transportation Planning) - has no objections subject to the park and ride layout being revised to comply with standards.

Senior Engineer (Land Drainage) - No objection.

Gwent Wildlife Trust - no record of sensitive areas or protected species.

Cont… Application No. P/06/0696 Continued.

Network Rail - no objections in principle.

Extent of advertisement: The occupiers of fourteen neighbouring dwellings were notified by letter and a site notice was displayed.

Response: One letter.

Summary of observations: Concern expressed over possible loss of privacy if ground levels raised and boundary hedge removed.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies: The site lies within the settlement boundary and its development would be related to the development under construction on the former ROM site. The residential development of the site is, therefore, acceptable in principle.

The scheme comprises five two-storey dwellings in two groups, a terrace of three two- and-a-half-storey dwellings and one flat over a garage block, fronting the linear road serving the larger development close to its junction with Mill Street. The proposed park and ride facility would be in the south-eastern part of the site with its access sited between the end of one housing group and the garage block. The layout is considered to be acceptable subject to details of boundary enclosures being agreed.

Comments from Consultees: The comments of the various consultees are incorporated within recommended conditions, or will be forwarded to the applicant as advice, as appropriate.

Cont… Application No. P/06/-0696 Continued.

Comments from public: The proposed layout, levels and house types are such that it is not considered that the dwellings would have any adverse impacts on the amenities of existing dwellings on Mill Street and dwellings under construction on the ROM site.

Other material considerations: Policy TRP3 of the Adopted Islwyn Local Plan states that sites for park and ride facilities and/or rail halts will be safeguarded at various locations including Risca. Policy T10 of the Council Approved Unitary Development Plan states:-

"that land will be safeguarded at various locations including Risca/Pontymister for passenger stations."

Permission was granted in December 2005 for the creation of an operational railway station with park and ride car park on land adjoining the southern boundary of the site (P/05/1259). The residential scheme on the former ROM site incorporated a 20-space park and ride facility which has now been relocated within the current scheme. Group Manager (Transportation Planning) has no objection to this proposal subject to the detailed parking layout being agreed.

A Section 106 Agreement would be required to secure the car park as a park and ride facility.

RECOMMENDATION (A) that the application is DEFERRED to allow the applicant to enter into a Section 106 obligation to transfer the park and ride facility to the Council. On completion of the agreement (B) that planning permission is GRANTED.

This permission is subject to the following condition(s)

02) This permission relates to the amended site plan/block layout drawing Ref.TP-01 D received on 2 October 2006. REASON: For the avoidance of doubt as to the approved scheme.

Cont… Application No. P/06/0696 Continued.

03) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any order revoking or re-enacting that Order, with or without modification, the garage(s) hereby approved shall not be physically altered or converted to any other domestic purpose without the prior approval of the Local Planning Authority. The garage(s) shall be made available at all times for the parking of motor vehicles associated with the residential use of the dwelling(s). REASON: In the interests of highway safety.

04) No obstruction or planting when mature exceeding 0.6 metres in height shall be placed within the required vision-splay areas of 2.4 metres x 3.3 metres measured at the centre line of any parking bay or driveway where it emerges onto the footway. REASON: In the interests of highway safety.

05) The proposed driveways and parking areas shall be completed in permanent materials, to be agreed in writing with the Local Planning Authority, before the dwellings are first occupied. REASON: In the interests of highway safety.

06) This permission shall not extend to the proposed layout of the park and ride facility which shall be agreed in writing with the Local Planning Authority. The works shall be completed in accordance with the agreed details before the dwellings are first occupied. REASON: In the interests of highway safety.

07) The external surfaces of the development shall not be constructed until details of the materials to be used have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. REASON: In the interests of the visual amenity of the area.

08) Prior to the commencement of the development a scheme shall be submitted to and agreed in writing by the Local Planning Authority indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the dwellings are first occupied. The development shall be carried out in accordance with the approved details. REASON: In the interests of the visual amenities of the area.

Cont… Application No. P/06/0696 Continued.

09) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no fences, gates or walls shall be erected within the curtilage of any dwelling forward of any wall of that dwelling which fronts onto a road. REASON: In order to retain effective control over the development.

10) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no windows/dormer windows, other than those expressly authorised by this permission, shall be constructed without the approval of the Local Planning Authority. REASON: In the interests of residential amenity.

11) The landscaping scheme indicated on Drawing Ref. L01 Rev A shall be implemented during the first planting season following the occupation of the dwellings or the completion of the development, whichever is the sooner, and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation., REASON: In the interests of visual amenity.

12) Prior to the commencement of the development a scheme shall be submitted to and agreed in writing by the Local Planning Authority to deal with the contamination of the site. That scheme shall include a ground investigation and a risk assessment to identify the extent of the contamination and the measures to be taken to avoid risk to the occupants of the development when the site is developed. The development shall be carried out in accordance with the approved scheme. REASON: In the interests of public health.

13) No building approved by this permission shall be occupied or approved uses commence until a report has been submitted to and approved in writing by the Local Planning Authority which verifies that the required works have been undertaken in accordance with the remediation strategy. REASON: To protect public health.

Cont… Application No. P/06/0696 Continued.

14) Before any soils or hardcore are brought on to site a scheme for its importation and testing for contamination, shall be submitted to and agreed in writing with the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme. REASON: To prevent contamination of the application site in the interests of public health.

Advisory Note(s)

Please find attached the comments of Welsh Water; Head of Public Protection; and Network Rail that are brought to the applicant's attention.

The following policy of the Adopted Islwyn Local Plan is relevant to the conditions of this permission: D1 and D6.

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: DC1.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

P/06/0759 Formaction Ltd Provide external alterations 13.06.2006 Glandwr Industrial Estate including the erection of 3 silos Aberbeeg in association with the sub- NP13 2LN division of the building into 12 units and install a new petrol/oil interceptor at Premier Grip Ltd Newport Road Bedwas Caerphilly Cbc CF83 8YE

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: Pantglas Industrial Estate within the settlement of Bedwas.

Site description: A large detached industrial unit fronting Newport Road with parking on front forecourt and some off a rear access.

Development: Full planning permission is sought for three silos and the subdivision of an existing building into twelve sub-units by elevational alterations and internal partitioning. Also included in the application is the installation of a petrol interceptor. It should be noted that most of the works applied for have commenced and this application is mainly for retention.

Dimensions: The silos are 8.5 metres in height. The existing building is subdivided into twelve units ranging in size from 75 square metres to 1170 square metres. The external alterations include cladding the building, the insertion of roller shutter doors to all the units except the smallest, the insertion of ordinary doors and some additional window openings. These alterations remove many of the existing openings and represent a complete refurbishment of the exterior of the building.

Materials: The materials used in the external finishes include grey cladding, blue trimmings and doors in a mixture of the same colours.

Cont… Application No. P/06/0759 Continued.

PLANNING HISTORY

5/5/94/0207 - Erect temporary portacabin to be used as offices and containers for storage - Granted 25.05.94. 5/5/89/0870 - Erect factory extension for furnished goods store - Granted 21.12.89.

POLICY

SITE ALLOCATION

Development Plan: Adopted Caerphilly Basin Local Plan - The site is allocated for employment.

Council Approved UDP: The site is allocated for employment.

POLICIES

Development Plan: Adopted Caerphilly Basin Local Plan: E1 (presumption against industrial development outside identified sites).

Council Approved UDP: Policy E4 (Redevelopment of older industrial sites) and DC1 (Standard Development Control Criteria).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? - No.

Was an EIA required? Not applicable.

CONSULTATION

Head Of Public Protection’s - has no objections subject to a condition in respect of noise from external plant and machinery.

Group Manager (Transportation Planning) - raises no objection subject to the completion of the car parking areas and the restriction of door openings to those that are to be approved.

Cont… Application No. P/06/0759 Continued.

Senior Engineer (Land Drainage) - has no objections.

Extent of advertisement: Neighbouring properties have been consulted.

Response: No response has been received.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the local planning authority to do all it reasonably can to prevent crime and disorder in its area? It is considered that the proposed development will not affect crime and disorder in the area.

ANALYSIS

Policies: Policies E1 and E4 seek to protect and encourage the redevelopment of existing industrial sites. The application building is within such a site. The proposed alterations, although from a planning point of view they primarily alter the external appearance of the building, they represent a complete redevelopment of the site from one large unit into 12 smaller units. Apart from the demolition of a lean-to to the rear, the size of the building is not materially altered. The proposal is therefore a redevelopment of an older site by refurbishing an existing building. The works have already commenced and some of the units have been occupied. The re-cladding of the exterior has much improved the external appearance of the building and is therefore considered to be in accordance with policy. The new doors and windows similarly refresh the appearance of the building. Included in the application are three small silos that are sited to one side of the building and a petrol interceptor drain to the rear. The silos are well set back from the road and will have little visual impact from outside the site. The petrol interceptor is an anti- pollution device that helps protect the environment; installed below the ground it has an insignificant visual impact.

Comments from consultees: No change of use is required for the subdivision of this industrial unit into smaller industrial units; however, the Group Manager (Transportation Planning) draws attention to the need to control the number of openings as they encourage a much more intense use of the building with a consequent need for adequate parking to be provided and for the new entrances to be appropriately arranged in terms of loading and unloading areas (in accordance with Policy DC1). Following discussion with the Group Manager (Transportation Planning) a revised parking layout has been received that makes more efficient use of the space about the building than is made currently.

Cont… Application No. P/06/0759 Continued.

A condition should therefore be imposed requiring the completion of this revised parking layout and for it to be kept free of obstruction. The need for such a condition is highlighted by current occupiers who clutter the external areas with poorly parked vehicles and materials. A condition excluding external storage should be imposed to ensure that circulation and other operational areas about the building are also kept free of obstruction.

On the east side elevation the drawings as first submitted showed a roller shutter door opening directly out onto the access road that leads to other units in the estate. There was a door on this elevation previously but it was only a secondary entrance to the industrial building. Group Manager (Transportation Planning) has raised a concern that this door if used for loading and unloading, it would obstruct the access road leading to other units. Revised details have been received closing the door and creating another opening that is an internal loading bay. Group Manager (Transportation Planning) has required a condition to ensure that no other openings are inserted giving rise to obstruction at a later date. Officers have visited the site and noted that the first unauthorised opening has been inserted and now requires closing up again; also the commencement of a second opening in the revised position has started. The condition imposed should therefore allow a time for the completion of the openings now approved and the applicant should be advised that the unauthorised opening should be closed. A further condition should be imposed to ensure that the loading bay is kept free of obstruction.

The Head Of Public Protection’s comments about noise from external plant can be addressed by condition.

Comments from public: None.

Other material considerations: During the determination of this application the site boundary, layout and elevations have been revised in several stages. The final revisions should therefore be identified by condition for the avoidance of doubt.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

Cont… Application No. P/06/0759 Continued.

02) The development hereby approved relates to the site location plan Drawing No. OP/10 revision B, the proposed external layout Drawing No. OP/40 revision B and proposed elevations and internal layout Drawing No. OP/50 revision A, all received on 17th November 2006. REASON: For the avoidance of doubt as to the plans hereby approved.

03) Within three months of the date of this permission the parking spaces and new pedestrian route, shown in the proposed external layout Drawing No. OP/40 revision B, shall be marked out in white lines as approved; thereafter the approved parking and the pedestrian access shall be kept free of obstruction at all times. REASON: To ensure adequate parking provision and pedestrian access.

04) There shall be no external storage of materials or plant or machinery at the site of the development hereby approved. REASON: To ensure adequate access about the building.

05) The goods vehicle waiting area, shown in proposed elevations and internal layout drawing number OP/50 revision A, shall be kept free of any obstruction for vehicle loading and unloading use only. REASON: To ensure adequate access about the building.

06) Within a period of six months from the date of this permission the external openings (doors and windows) shall be completed, in accordance with the hereby approved elevations and internal layout drawing number OP/50 revision A, and notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order) (with or without modification), no windows or doors (other than those expressly authorised by this permission) shall be constructed. REASON: In order to retain effective control over the development.

07) Within six months of the date of this consent a scheme of noise mitigation in respect of the silos hereby approved shall be implemented in accordance with details that shall have been first agreed in writing with the local planning authority. REASON: To prevent noise disturbance.

Cont… Application No. P/06/0759 Continued.

Advisory Note(s)

The applicant should be advised that this permission relates to the doors and windows that are hereby approved, other doors and openings that are not approved should therefore be removed/closed within the time period allowed by the conditions allowed. Compliance with the conditions is recommended, as failure to comply would require the Local Planning Authority having to consider the expediency of enforcement action.

The development plans for this area consists of the Mid Glamorgan Structure Plan, the Adopted Caerphilly Basin Local Plan and the Council Approved Unitary Development Plan. Policy DC1 of the Unitary Development Plan is relevant to the conditions attached to this consent.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

P/06/0794 Mr & Mrs Linder Demolish existing bungalow 21.06.2006 2 St Margaret's Road and construct new dormer Caerphilly bungalow at CF83 1DB 2 St Margaret's Road Caerphilly CF83 1DB

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: Residential street within St Martins Estate in the settlement of Caerphilly.

House type: Detached bungalow with flat roofed dormer extension set in a row of similar dwellings. There is a detached garage to the rear.

Development: Full planning permission is sought to demolish the existing dwelling and build a replacement dormer style bungalow with an integral garage; revised details have been received reducing the size of the replacement dwelling and the garage is detached in a similar position to the existing.

Dimensions: The footprint of the replacement dwelling as first proposed was 100 square metres (the existing dwelling is 83 square metres). The revised details show a dwelling with a footprint of 72 square metres and a garage with a footprint of 18 square metres. Its height at the ridge would be 5.2m.

Materials: Concrete tile roof with walls in facing brick exact details to be agreed.

Design Statement: The statement that was submitted with this application suggested that the existing bungalow had an unsympathetic roof extension that should be removed and the proposed details retained the design of the original front gabled end whilst setting back the massing of the remainder of the building to reduce its visual impact, whilst at the same time pointing out that the street scene is monotonous, seemingly to undermine the need to respect it. However the revised details now render the submitted design statement unnecessary as the design has been amended to form that more closely matches the original.

PLANNING HISTORY

None since 1989.

Cont… Application No. P/06/0794 Continued.

POLICY

SITE ALLOCATION

Development Plan: Adopted Caerphilly Basin Local Plan, the site is within the settlement boundary.

Council Approved UDP: The site is within the settlement boundary.

POLICIES

Development Plan: Adopted Caerphilly Basin Local Plan Policy H4 (Infill development).

Council Approved UDP: Policy H2 (Development on unallocated sites), and Policy DC1 (development criteria).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? - No.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? - No.

Was an EIA required? Not applicable.

CONSULTATION

Dwr Cymru - states that no surface water will be allowed to drain to the public sewer to prevent hydraulic overload of the system. Advice regarding drainage is also given.

Environment Agency (Wales) - has provided observation pointing out that the application site is in a C2 flood risk zone and has accepted that a raising of the slab level of the dwelling by 150mm and its slightly smaller footprint will have a lower flood risk than the existing bungalow and slightly reduce the flood risk to third parties.

Head Of Public Protection - any imported material should be tested and treated for pollution.

Cont……….. Application No. P/06/0794 Continued.

Group Manager (Transportation Planning) - raises no objection.

Senior Engineer (Land Drainage) - points out that details of surface water require agreement.

Caerphilly Town Council - raises no objection to the proposal.

Extent of advertisement: The development has been advertised on site and neighbouring properties have been consulted.

Response: No response has been received.

SECTION 17 CRIME AND DISORDER ACT

ANALYSIS

Policies: This proposal relates to a residential property that is suffering serious structure defects requiring its demolition. It is in a residential street of similar dwellings. The proposed dwelling as first submitted was distinctly different to the rather simple forward facing gable end bungalows that dominate the street scene. The replacement dwelling as first proposed was two-storey with a sideways-on gable end with a subservient forward facing gable and an integral garage. Unitary Development Plan Policy H2 regarding the development of small unallocated sites has two requirements: first, that neighbouring land-uses will not detract from the residential amenity of the development, and second that the development would not result in insensitive or inappropriate infilling which would spoil the character of an existing residential area. With regard to the first requirement the application site is currently occupied by a residential dwelling in a residential street therefore it is accepted that the neighbouring land uses are compatible. With regard to the second requirement it was considered that the radical change in the design did not comply with policy, as it would result in insensitive or inappropriate infilling. Even taking into account some of the alterations that have been made to the existing dwellings in the street, the proposed design went far beyond anything else in the street scene and would thus be unacceptably incongruous.

Cont……….. Application No. P/06/0794 Continued.

Following a series of discussions revised details have been received showing a bungalow with front facing gabled end that is much the same in form as those in the street scene. The footprint is reduced to slightly less than the existing and there is a detached garage to the rear in a position similar to the existing garage. The revised design is now considered to be in keeping with the character of the street. The finishes indicated show what appears to be a reversal of the finishes in the street scene, i.e. the street is comprised of a central section finished in hanging tiles and render flanked by brickwork whilst the submitted finishes are a central brick panel flanked by render. A condition should therefore be imposed to correct this reversal.

The development complies with the requirements of Policy DC1 of the Council Approved Unitary Development Plan.

Comments from consultees:

Group Manager (Transportation Planning) raises no objection.

Environment Agency (Wales) raises no objection subject to the replacement dwelling being 150mm above the height of the existing dwelling. This increase in height is intended to reduce the flood risk compared to the existing situation. It will slightly raise the dwelling that is currently relatively level with others in the street, however the change in height should not unacceptably affect the street scene.

Welsh Water will not allow surface water to be connected to the mains sewer. The Chief Engineer Drainage points out the need to agree the details of surface water drainage, thus a condition should be imposed requiring the submission and agreement of surface water drainage prior to the commencement of the development. These matters will be covered by the Building Regulations.

Comments from public: None.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) The development hereby permitted relates to the details received on 4th September 2006, Drawing Nos LP01, PL01, PL02, PL03, PL04 and WW04. REASON: For the avoidance of doubt. Cont……….. Application No. P/06/0794 Continued.

03) No development shall take place until samples or printed colour examples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and agreed in writing by the Local Planning Authority. Those samples or printed colour examples of the materials shall reflect those of the street scene. The development shall be completed in accordance with the agreed details. REASON: In the interests of the visual amenity of the street scene.

04) The dwelling hereby approved shall be constructed with a finished floor level that is 150mm above that of the existing dwelling. REASON: To reduce the risk of flooding.

05) The dwelling hereby approved shall not be occupied until the space to be used for the parking of vehicles has been constructed and surfaced in permanent materials (i.e. not loose materials such as stone chippings), and it shall thereafter be used for the parking and turning of vehicles. REASON: To ensure that adequate on-site parking is available in the interests of highway safety in accordance with the Council's parking standards, Adopted Design Guide No. 13 Guideline A.1.

06) Before any soils or hardcore are brought on to site a scheme for its importation and testing for contamination, shall be submitted to and agreed in writing with the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme. REASON: To prevent contamination of the application site in the interests of public health.

Advisory Note(s)

The applicant be advised of the comments of Welsh Water.

The development plan for this area consists of the Adopted Mid Glamorgan Structure Plan, the Adopted Caerphilly Basin Local Plan and the Council Approved Unitary Development Plan. Policy DC1 of the UDP is relevant to the conditions attached to this consent.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0052/FULL Mr A Price Erect two storey rear extension 06.07.2006 13 Skenfrith Close at 13 Skenfrith Close Grove Park Grove Park Blackwood Blackwood NP12 1GD NP12 1GD

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: On the eastern side of Skenfrith Close, a residential cul-de-sac.

House type: Detached house.

Development: Erection of two-storey rear extension.

Dimensions: 6.5m wide (the full width of the original dwelling) x 4m deep with a height of 7.9m to the ridge.

Materials: Facing brick, white render and concrete tiles to match existing.

PLANNING HISTORY

P/99/0533 - Erect bedroom extension - Granted 29.07.99.

POLICY

Site allocation:

Development plan: Adopted Islwyn Local Plan - the site lies within the settlement envelope.

Council Approved UDP: The site lies within the settlement boundary.

Policies:

Development plan: Adopted Islwyn Local Plan - Policies H4 (Extensions to Dwellings) and D1-D6 (Design of the Built Environment).

Cont… Application No. 06/0052/FULL Continued.

Council Approved UDP:

DC1 (Standard Development Control Criteria). DC4 (Supplementary Planning Guidance). Advice contained in Council's Adopted Development Design Guide 2: Householder Development.

CONSULTATION

Group Manager (Transportation Planning) - No objection.

Extent of advertisement: The occupiers of seven neighbouring dwellings were notified by letter.

Response: Five letters (dwellings to either side and to the rear).

Summary of observations:-

Overbearing and overshadowing effect on neighbouring properties. Loss of privacy. Overdevelopment of the plot. Light/noise nuisance. Surfacing of the front garden to provide additional parking would be unsightly. Devaluation of neighbouring properties. Prejudicial to neighbour's own proposal to extend.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

Cont… Application No. 06/0052/FULL Continued.

ANALYSIS

Policies: The application as originally submitted was for a single-storey rear lounge extension 9.5m in length; this was considered to be out of keeping with the dwelling and to be overdevelopment of the plot and the applicant was requested to reduce the length of the extension. An amended scheme was received for a shorter full-width two-storey extension incorporating a first-floor balcony over the full width; this was subsequently further amended in the light of objections received (see below), including the deletion of the balcony from the proposal, although retaining the same overall dimensions.

The proposed extension, while relatively large in relation to the dwelling and the plot, is considered to leave sufficient amenity area for the enjoyment of the dwelling. In terms of massing and design, however, it is considered to be out of keeping with the dwelling by virtue of the massing of the northern side elevation and the detailing of the rear elevation. Windows have been removed from the first-floor to prevent overlooking of dwellings to the rear.

Comments from consultees: Group Manager (Transportation Planning) has no objection to the proposal.

Comments from public: Five letters were received from neighbouring properties in respect of the first two-storey scheme; four of these objections are maintained in respect of the scheme as amended.

It is considered that the extension by virtue of its massing would have an overbearing and overshadowing effect on the rear windows and conservatory of the neighbouring dwelling No.14, which lies due north of the application property and immediately adjoins the proposed extension with a separation of only 1.5m between the two dwellings.

In terms of loss of privacy, the rear first-floor windows of the proposed extension have been deleted from the proposal (replaced by roof lights) as has the rear balcony. The extension would not, therefore, impact on the privacy of the dwellings on Grosmont Close to the rear. However, a proposed first-floor window in the side elevation would be 5m from the side boundary with the neighbouring dwelling No.12 and it is considered that this would be detrimental to the privacy of the neighbouring dwelling.

With respect to other grounds of objection not addressed elsewhere in this report, it is not considered that the proposed extension would necessarily give rise to light and noise nuisance, and loss of property value is not a material planning consideration. A neighbour's own plans to extend at a later date would be treated on its own merits.

Cont… Application No. 06/0052/FULL Continued.

RECOMMENDATION that Permission be REFUSED

The reason(s) for the Council’s decision is/are

01) The massing and design of the proposed extension, by virtue of the unsatisfactory northern side elevation and rear elevation, are considered to be out of keeping with the character of the existing dwelling. The proposal is, therefore, contrary to Policy D1 of the Adopted Islwyn Local Plan, Policy DC1 of the Council Approved Unitary Development Plan and Guidance Note 2 of the Council's Adopted Development Design Guide 2: Householder Development.

02) The proposed extension by virtue of its massing close to the boundary with the neighbouring dwelling No.14 Skenfrith Close would have an overbearing and overshadowing effect on the rear windows and conservatory of that dwelling. The proposal is, therefore, contrary to Policy DC1 of the Council Approved Unitary Development Plan and Guidance Note 2 of the Council's Adopted Development Design Guide 2: Householder Development.

03) The proposed extension by virtue of the first-floor window in the southern side elevation would have a detrimental effect on the privacy of the neighbouring dwelling No.12 Skenfrith Close. The proposal is, therefore, contrary to Policy DC1 of the Council Approved Unitary Development Plan and Guidance Note 2 of the Council's Adopted Development Design Guide 2: Householder Development.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0155/CLEU Mr & Mrs M Padfield Obtain a Certificate of 21.07.2006 Ty'r Sais Bungalow Lawfulness for Existing Use of Argoed bungalow at Blackwood Ty'r Sais Bungalow NP12 0JA Argoed Blackwood NP12 0JA

APPLICATION TYPE: Certificate Lawful Existing Use/Dev

SITE AND DEVELOPMENT

Location: The application property is outside of the settlement limits of Manmoel and approximately 1km north west of Penyfan Industrial Estate.

Site description: The application property is a wooden chalet building within a smallholding that has previously been used as a riding school. The chalet is a wooden framed and tyrolean clad walled single storey building with an apex roof and is situated to the rear of a stable block. There is a small yard area fronting the three agricultural buildings/stables and access to the site is derived from a lane off the main Manmoel to Oakdale road.

Development: The proposal seeks a certificate of lawfulness for an existing use of the building as a single dwelling.

Dimensions: The chalet measures 10.5m by 6.2m and is 5.7m high at the ridge.

Materials: The building is clad in a tyrolean panel with a felt roof.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

P/01/0149 - Certificate of Lawfulness for existing office and office car parking - Approved 13/08/2001.

POLICY

Site Allocation

Development Plan: The application property is outside settlement limits in the Adopted Islwyn Local Plan.

Cont… Application 06/0155/CLEU Continued.

Council Approved UDP: Outside settlement limits.

Policies

Development Plan: The policies in the Adopted Islwyn Local Plan are not relevant in this case because the decision has to be made on the facts of the case.

Council Approved UDP: The policies are not relevant in this case because the decision has to be made on the facts of the case.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Principal Council Tax/NNDR Officer - there are no records of business rates having been paid at this address.

Extent of advertisement: The application was advertised by means of a site notice and neighbour letters.

Response: None.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? Not applicable.

ANALYSIS

Policies: As this application seeks a Certificate of Lawfulness local plan polices are not relevant to the determination of this application.

Cont’d… Application No. 06/0155/CLEU Continued

Comments from consultees: There are no comments of direct relevance to this application.

Comments from public: There were no comments received from members of the public.

Other material considerations: This application seeks a certificate of lawfulness for an existing use of a chalet building as a single dwelling. Section 171B of the Town and Country Planning Act 1990 grants immunity from enforcement action to any development if specific time periods have elapsed since the commencement of the breach. For operational development and change of use of a building to a single dwelling house the period is 4 years and for all other changes of use the period is 10 years. In this instance the application seeks a certificate for the use of the chalet as a single dwelling and as such the applicant needs to establish that the building has been in use as a single dwelling house for more than 4 years prior to the date of the submission of the application (21st July 2006). The evidence provided by the applicant includes the following: -

(i) Electricity bills for the period 12th January 2005 to 8th April 2005, 17th April 2005 to 8th July 2005, 9th July 2005 to 10th October 2005 and 11th October 2005 to 10th January 2006; (ii) A council tax demand notice for the period 4th October 2004 to 31st March 2005; (iii) An agreement for the supply of gas dated 10th December 2004; (iv) A contract for BT connection dated 8th October 2004; (v) Extracts from electoral registers for the period 10th October 1989 to 1st December 2001 for Mr E J Williams. The applicants states that records for 1992, 1993 and 1994 were not available; and (vi) Details from Tingdene Ltd regarding the erection of the structure dated 23rd November 1993. (vii) Letter from Richard Clarke, (applicants agent) enclosing a letter from Mrs. Deborah Evans, Ysgubor Newydd Farm confirming that the riding school has not been in business since 1983.

It is considered that this information is sufficient to establish that the structure was erected on the site in excess of 4 years prior to the submission of the application.

A decision in this case must be based on the balance of probability and sufficient evidence has been submitted to pass that test.

RECOMMENDATION that a certificate of lawfulness for an existing use be GRANTED.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0158/LA CCBC Parks Services Demolish existing 01.08.2006 Ystrad Fawr pavilion/changing building and Ystrad Mynach construct single storey two team Hengoed changing building at CF82 7SF Pavilion Building Brithdir Sports Ground Brithdir New Tredegar

APPLICATION TYPE: Local Authority Application

SITE AND DEVELOPMENT

Location: The application site is situated outside the settlement limits of Brithdir and within the Cefn Brithdir Special Landscape Area.

Site description: The application site consists of the existing wooden changing room facility at Brithdir Sports Ground. The sports ground is a relatively large flat area on the valley side and to the south east of Brithdir Cemetery. The existing changing room is in a fairly dilapidated condition.

Development: The proposal seeks full planning consent for the erection of a replacement pavilion building on the site of the existing. The pavilion would have a disabled access and would accommodate two changing rooms, a referee's room, three toilets, a tea room and a lobby.

Dimensions: The structure will measure 13.069m by 9.7m and will be 4.2m high.

Materials: The building will be finished in face brickwork with a tiled roof.

Ancillary development, e.g. parking: None.

PLANNING HISTORY No previous planning history.

POLICY

Site Allocation

Development Plan: The application site is outside settlement limits in the Adopted Upper Rhymney Valley Local Plan.

Cont… Application No. 06/0158/LA Continued.

Council Approved UDP: Outside settlement limits and within a Special Landscape Area.

Policies

Development Plan: Policy EV4 of the Adopted Upper Rhymney Valley Local Plan provides general development control criteria against which all applications should be assessed.

Council Approved UDP: DC1 (Standard Development Control Criteria). DC2 (Settlement Boundary). C1 (Development in the Countryside). C12 (Special Landscape Areas).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - No objection.

Extent of advertisement: The application was advertised by means of a site notice and neighbour letters.

Response: None.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? Crime and disorder were not considered to be issues in the determination of this application but the applicant will be advised to the account of Secure by Design principles.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No. A bat survey has been carried out and there was no evidence of any bats occupying the site.

Cont’d… Application No. 06/0158/LA Continued

ANALYSIS

Policies: The application has been considered in accordance with local plan policy and supplementary planning guidance and no objections are raised in those respects.

Comments from Consultees: There were no objections received from statutory consultees.

Comments from public: There were no objections received from members of the public.

Other material considerations: The application seeks full planning consent for the erection of a replacement pavilion at Brithdir Sports Ground. The proposal is supported in principle by local plan policy and the scheme represents a marked improvement on the existing building. Whilst the use of face brickwork is not in keeping with the traditional character of the area, it is consistent with the aims of reducing criminal activity as it discourages graffiti and in any event the materials are acceptable in their own right. Consequently it is recommended that planning consent be granted.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

Advisory Note(s)

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: DC1.

The following policy of the Adopted Upper Rhymney Valley Local Plan is relevant to the conditions of this permission: EV4.

Please find attached the comments of the Council's Biodiversity Officer that are brought to the applicant's attention.

The applicant is advised to contact the Police's Architectural Liaison Officer to discuss Secure by Design principles in the design and construction of the development hereby approved.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0209/FULL Mr P Rawlins Erect garage/store area to rear 02.08.2006 24 Newport Road of property Bedwas 24 Newport Road CF83 8AA Bedwas CF83 8AA

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: 24 Newport Road, Bedwas. Rear elevation has southerly aspect.

House type: The existing is a semi-detached house with detached garage and more than three existing car parking spaces.

Development: The proposal is to erect a two storey domestic double garage. The garage would be located in the rear garden.

Dimensions: The plans indicate a garage of 5.5m wide x 8m long, with a ridge height of 6m.

Materials: Plans indicate a concrete tiled roof and walls constructed of brickwork to match the house.

Ancillary development, e.g. parking: Two spaces in the garage and three or more spaces on the driveway.

PLANNING HISTORY

No previous planning history.

POLICY

Site allocation

Development plan: Adopted Caerphilly Basin Local Plan – within settlement boundary.

Council Approved UDP: Land within settlement boundary, not allocated.

Cont’d… Application No. 06/0209/FULL Continued

Policies

Development plan: Policy EV2 (development criteria) of the Adopted Caerphilly Basin Local Plan.

Council Approved UDP: DC1 (Development Criteria) and DC4 (Supplementary Planning Guidance); Development Design Guide 2 - ‘Householder Developments’.

CONSULTATION

Group Manager (Transportation Planning) - No objections.

Bedwas, Trethomas & Machen Community Council - No objection.

Extent of advertisement: Site Notice erected and four neighbours notified.

Response: Two letters.

Summary of observations:

1) The height and proximity of the garage would have an overbearing, and overshadowing effect upon the neighbour’s garden. 2) The garage would be too large and look like a small house. 3) The garage would be used for the applicant's business. 4) The garage would restrict light to the neighbour's garden.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? None.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

The garage would be located in the rear garden adjacent to the west boundary set slightly further back than the existing garage. The garden is at a higher level than the slab level of the house. Cont’d… Application No. 06/0209/FULL Continued

In respect of the neighbours’ objections:-

1) The location of the garage would be adjacent to the area to the rear of the garage of the adjacent neighbour. The total height to the ridge would be 2 metres above the existing garage. Whilst this would appear to be a significant difference in height, it is minimised by the orientation of the ridge, i.e. lengthways along the garage, thus the height to the ridge alongside the boundary would be a maximum of 4 metres.

2) Although the garage is larger than a single garage, in the context of the spacious garden, it would not be unacceptably large, and it would be constructed of acceptable materials.

3) If the applicant were to operate a business from the new garage, an assessment would need to be made in that respect as to whether a change of use had taken place, but the details indicate a domestic use.

4) The garage would be located a distance of 8 metres from the boundary of the objector's garden, and at this distance it is considered that there would be very little impact upon that neighbour's amenity.

The garage would be of a reasonable scale and form, perhaps a little taller than other garages in the vicinity, but the roof pitch is not out of character. It would not have any significant detrimental effects upon the residential or visual amenity of any neighbouring properties. The information regarding external finishes is acceptable. Adequate garden would remain. There are no policy objections to the proposal, and it is considered to be acceptable within the surroundings. The proposal to construct a garage would thus conform to the current design guidance and would, therefore, be considered to be acceptable.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) The development hereby approved relates to the details received on the 20th November 2006. REASON: For the avoidance of doubt as to the details hereby approved. ______

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0213/LBC Moriah Baptist Church Remove and replace screen, 03.08.2006 Tredegar Street enlargement of foyer, new w.c. Risca and renewal of timber windows NP11 6BU at Moriah Baptist Church Tredegar Street Pontymister Risca NP11 6BU

APPLICATION TYPE: Listed Building Consent

SITE AND DEVELOPMENT

Location: The church is sited at the junction of Tredegar Street and Park Road.

Site description: The application site is a church which is an imposing stone building, built in 1894, and is a fine example of late nineteenth century, non conformist church architecture. It adjoins the park, and is prominently located on the street scene. To its immediate front are shops, and other commercial properties.

Development: Listed building consent is sought for the enlargement of the entrance foyer from its original 17.5sq metres to 27.8sq metres. This would involve the demolition of the solid wall between the foyer and the worship area and the erection of a new glazed screen forward of the site of the former wall. The existing terrazzo floor would be extended to meet the new screen. The existing door would be replaced from the foyer to the worship area. Space at ground floor in a existing stairwell would be converted to a toilet. Also it is proposed to renew existing windows.

Materials: The glazed screening would have a timber frame, with the lower third of the screen finished in tongue and groove boarding. Other works would be in matching materials.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

2/11917 - Demolish existing buildings, erecting two- storey extension to accommodate classrooms, creche, prayer room, kitchen, toilets and Pastor's room - Granted 27.07.94.

Cont………. Application No. 06/0213/LBC Continued.

POLICY

Site Allocation

Development Plan: The site is within the settlement envelope of Risca defined in the Adopted Islwyn Local Plan.

Council Approved UDP: The site is within the settlement boundary of Risca.

Policies

Development Plan: Policy CE8 of the Adopted Islwyn Local Plan states as follows:

Development which will reduce the historic or architectural value of listed buildings will not normally be permitted.

Council Approved UDP: Policy HE2 of the Council Approved Unitary Development Plan is as follows:-

“Development proposals affecting listed buildings or structures will only be permitted where they would preserve the character and quality of the building or structure and/or its setting.”

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Glam/Gwent Archaeological Trust - No objection.

Extent of advertisement: Six properties were notified of the application and the application was advertised on site.

Response: None received.

Cont………. Application No. 06/0213/LBC Continued.

Summary of observations: Not applicable.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies: The details of the internal work proposed in this application for Listed Building consent are not considered acceptable, as it would have a detrimental impact upon the character of the church and its conservation. It would therefore not conform with the policies quoted above, which require such work to preserve the character of the building or structure.

Comments from Consultees: None.

Comments from public: None.

Other material considerations: In a letter accompanying the application, it has been submitted that the proposed alterations to the main foyer have been brought about by the following:

1. The need to provide a more commodious route into the worship area from the main entrance whilst at the same time providing a much needed larger welcome area for the greeting of the worshippers. 2. To provide a direct visual link between the worship area and its congregation, and the general public in the street immediately outside the church.

In support the writer also claims that this church is one of the foremost centres of Christian worship in the Risca area and relies for its sustainability on the retention, maintenance and promotion of its activities even more than on its responsibility for the custodianship of the structure of the building. The removal of the wall between the entrance foyer and the worship area is to enable passers-by the opportunity to witness the activities within. It will also allow a foyer, that would provide functions available in modern churches such as:

Cont……….. Application No. 06/0213/LBC Continued.

1.To provide a welcome area where members, non-members and visitors can greet and be greeted before and after the service. 2. An area for the display of information, books etc. 3. A private area of composure, before funerals and weddings. 4. A large area as a means of escape, and where exit routes are clearly visible and easily accessible. 5. To provide an important visual link between the passing public and the activities being conducted in the worship area.

The issues that are generally relevant to the consideration of all listed building consent applications are set out in para. 70 of Welsh Office Circular 61/96, of which the following are considered relevant to the consideration of this application, by the Local Planning Authority:

(i) the importance of the building, its intrinsic architectural and historic interest and rarity, in both national and local terms. (ii) the particular physical features of the building (which may include its design, plan, materials and location) which justify its inclusion in the list: list descriptions may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance (e.g. interiors) may come to light after the building's inclusion in the list; (iii) the building's setting and its contribution to the local scene. (iv) the extent to which the proposed works would bring substantial benefits for the community, in particular by contributing to the economic regeneration of the area or the enhancement of its environment.

Notwithstanding the reasons set out for the alterations by the applicant it is considered that the work proposed in this application would be detrimental to the character of the building. The internal alterations would remove features which are important to the listing, and would thereby be detrimental not only by significantly altering the interior of the building, but also its external appearance. The removal of the existing screen, decorated glazing, internal central doors to the church and three back pews would be detrimental to the special architectural and historic interest of the building. In addition the new works would serve to damage the existing character of the building and introduce new modern materials and finishes, such as glazed timber, a new floor finish, new lighting and decoration, into an otherwise traditional foyer.

RECOMMENDATION that Permission be REFUSED

Cont………. Application No. 06/0213/LBC Continued.

The reason(s) for the Council’s decision is/are

01) The removal of the existing screen, decorated glazing, internal central doors into the church and three back pews would be detrimental to the special architectural and historic interest of the building. In addition the proposed new work would damage the existing character of the building by the introduction of new modern materials and finishes, such as glazed timber, a new floor finish, new lighting and decoration into an otherwise traditional foyer. The development would therefore be contrary to Policy CE8 of the Adopted Islwyn Local Plan and Policy HE2 of the Council Approved Unitary Development Plan.

Code No. and Name and Address of Applicant Description and location of date received proposed development

06/0238/FULL Mr & Mrs A Gray Erect four bed detached 15.08.2006 68 Garden Suburbs dwelling to side garden of 68 Pontywaun Garden Suburbs complete with Crosskeys off-road parking to the front Newport 68 Garden Suburbs NP11 7GD Pontywaun Crosskeys Newport NP11 7GD

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Location: The property is situated on the Garden Suburbs Estate to the south of the Conservation Area on the eastern side of the highway.

Site description: The application site form the garden of No. 68 Garden Suburbs which occupies an exceptionally wide plot, being more than the width of the existing dwelling. The land rises quickly from the frontage highway to the rear of the site and it is in cultivation as a garden.

Development: Planning permission is sought to erect a detached four bedroomed house in the centre of the plot. The fourth bedroom would be formed in the roof space and lit by dormer windows in the rear roof plane. It would be completed in a fairly simple style with some of the characteristic proportions of the neighbouring dwellings.

Dimensions: The house would have a footprint of 8.5 metres x 8.1m.

Materials: It is proposed that the exterior walls be constructed in face brickwork and the roof covered in synthetic slate to match the surrounding houses. Windows, doors and rainwater goods would all be completed in brown finished UPVC.

Ancillary development, e.g. parking: The proposal includes the construction of an off-street parking bay for four vehicles to the front of the existing and proposed houses. This would be formed by cutting into the existing bank and forming a retaining wall to support the land.

PLANNING HISTORY

No previous planning history.

Cont…. Application No. 06/0238/FULL Continued

POLICY

Site Allocation

Development Plan: The site lies within the settlement envelope of the Adopted Islwyn Local Plan.

Council Approved UDP: The site lies within the settlement boundary of the plan.

Policies

Development Plan: Adopted Islwyn Local Plan Policies H5 (Settlement Envelopes), WFS1 (Windfall Residential Sites) and the Urban Design Policies D1-D6.

Council Approved UDP: Policies DC1 (Standard Development Control Criteria), DC2 (Settlement Boundary), DC4 (Supplementary Planning Guidance) and Development Design Guide No. 1 “Building Better Places to Live.”

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Hyder Consulting Ltd – Has no objection to the proposal and requests conditions to protect the public sewerage system against hydraulic overload, damage to its integrity and the wider risk of pollution of the environment.

Group Manager (Transportation Planning) – Advises that provision for the new dwelling is deficient by one parking space, and the parallel parking shown for the existing dwelling is not acceptable.

Head of Public Services – In respect of waste collection advises that the Council provides a kerbside waste collection service and the developer will need to provide sufficient off road storage for the container.

Senior Engineer (Land Drainage) – Has no objection to the proposal and provides a series of advisory notes that should be forwarded for the developer’s information.

Head of Public Protection – Has no objection subject to a Condition concerning topsoil.

Cont…. Application No. 06/0238/FULL Continued

Extent of advertisement: Six neighbouring properties have been notified by letter and a site notice has been posted.

Response: No representations have been received.

Summary of observations: This is not applicable in this case.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? There is no evidence that the habitat of protected species will be affected by the proposal.

ANALYSIS

Policies: The site lies within the settlement envelope where the Adopted and the Unitary Plans direct residential development. The general principle of this proposal is therefore acceptable. The design of the scheme is in keeping with its surroundings in terms of form, mass, proportion, arrangement and general detail. The design policies are considered to be satisfied. Whilst materials have been specified the brick colour has not and it is therefore necessary to condition the submission of external materials.

Comments from Consultees: The conditions recommended by Welsh Water have been evaluated and it is considered that they can be addressed by the single condition arising from the Senior Engineer (Land Drainage) comments. He has no objection to the proposal and provides a series of advisory notes that should be forwarded for the developer’s information. His comments regarding parking are noted and it is considered that they can be overcome with revised proposals for the parking arrangements; an appropriate condition is recommended.

Comments from public: Not applicable in this case.

Other material considerations: The proposal is considered acceptable in all other respects.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions(s)

02) The external surfaces of the development shall not be constructed until details of the materials to be used have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. REASON: In the interests of the visual amenity of the area.

03) Prior to the commencement of works on site a scheme for the drainage of foul, land and surface water shall be submitted to and agreed in writing by the Local Planning Authority. All works that form part of the agreed scheme shall be carried out before any part of the development is occupied. REASON: To ensure the development is served by an appropriate means of drainage.

04) Notwithstanding the approved plans before works commence on site five off-street parking space/s, constructed in permanent materials, shall be provided within the curtilage of the site in accordance with a scheme that shall have been agreed in writing with the Local Planning Authority, and the agreed space/s shall thereafter be maintained free of obstruction for the parking of motor vehicles only. REASON: In the interests of highway safety.

Advisory Note(s)

Please find attached comments of Group Manager (Transportation Planning) that are brought to the applicant’s attention.

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: DC1.

The following policy of the Adopted Islwyn Local Plan is relevant to the conditions of this permission: D1 and D6.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0247/RM United Welsh Housing Erect residential development 08.08.2006 Association on Plot 5 Ty Cenydd Land At Castlegate Castle Street Penrhos Caerphilly Caerphilly

APPLICATION TYPE: Approval of Reserved Matters

SITE AND DEVELOPMENT

Location: This reserved matters application is for a further phase of residential development at the Castlegate Site, which is located approximately 1.5km to the west of Caerphilly Town Centre. Access into the Castlegate Site is from Nantgarw Road to the south, with this site thereafter being accessed off the internal site road which is in the process of being constructed.

Site description: The site is of an irregular shape being approximately 75m x 220 metres with an overall measurement of 1.17ha (i.e. 2.89 acres) in area. Vehicular access into the development is off three points along the internal loop road. The site is bounded by residential development to the north and east, by the A468 to the west and by undeveloped commercial land to the south.

The land formed part of the former Penrhos site which has been subject to a large scale remediation scheme. Consequently the land itself is devoid of topographical features although there are a number of existing trees along the boundary of the site with the A468. These trees are to be retained. The land slopes quite gently from south to north with a fall of approximately 1m to 1.5m over its length.

Development: The application is for the erection of 48 dwellings. These are a mix in the following forms: 1 bed 2 person apartments - 12 in total arranged in 2 x three-storey blocks. 3 bed 4/5 person houses - 22 4 bed 6/7 person houses - 14 Total 48

Cont… Application No. 06/0247/RM Continued.

The dwellings are constructed as a combination of semi-detached, small links of 3 to 5 properties and apartment blocks. They are arranged around three distinct access points which junction with the main Castlegate loop road to the east. This results in three cul- de-sacs, two of which serve the houses whilst the remainder provides access to the two apartment blocks.

Dimensions: The dwellings are all designed to life-time homes standards, which means that they will accommodate wheel-chair users and are larger in terms of overall size, as well as related issues such as doorway and corridor widths to allow the use or adaptation for disabled and elderly occupiers.

Three of the house types are two-storey in height, the remainder are two and a half storeys high. The apartment blocks are full three-storey buildings, again they are designed to accommodate occupants needs throughout the life cycle.

The houses are to be constructed for operation by a registered social landlord and have therefore been designed to the prescribed pattern book standards. The scheme includes a variety of designs, including gable and hipped roofs, along with the inclusion of dormers in a number of dwellings.

Materials: No details of finishes have been provided.

Ancillary development, e.g. parking: Car parking provision for two spaces per unit for the houses have been provided, with one space per unit per flat. An allowance of eleven spaces for visitors has also been made. The layout also shows an area of open-space located along the northern boundary. This is labelled as a "kickabout area". Members may recall that the main area of open space on the Castlegate site is located towards the east of the current application site. This area totals over four acres and provides for a football field and a N.E.A.P. (i.e. a Neighbourhood Equipped Area of Play). Consent for a changing room and shower facility to serve the main football field was also granted in 2005.

PLANNING HISTORY

5/5/77/0984 - Restoration of former tip and construction of culvert - Refused 21.03.78.

5/5/80/1200 - Development of site for housing, open space and hotel/sports centre/filling station complex after restoration by culverting of stream and filling with colliery waste - Refused 12.11.80.

5/5/83/0408 - Reclamation proposals - Section 53.

Cont… Application No. 06/0247/RM Continued.

5/5/86/0132a - Develop land for residential purposes and leisure facilities Granted 08.03.90.

5/5/86/0132b - Develop golf course, link road, and associated open space Granted - 08.03.90.

5/5/86/0469 - Retail development, leisure/entertainment, leisure/motel, golf course/amenity area, access road - Refused (Retail) - Granted (Leisure) 09.03.89.

5/5/87/0243 - Non-food retail, leisure, hotel, golf course, amenity area, restaurant and petrol filling station - Refused (Retail) - Granted (Leisure) 09.03.89.

5/5/92/A755 - Erect residential development, leisure facility, hotel, restaurant and petrol filling station Granted 20.05.93.

5/5/92/0755B - Construct golf course and amenity area - Granted 20.05.93.

5/5/92/C755 - Construct access roads - Refused 20.05.93.

5/5/93/0205 - Erect retail store, pharmacy and petrol station, car park, landscaping and highways - Refused - 09.03.94

5/5/96/0168 - Vary condition (B) of planning consent 5/5/92/A755 - Granted 28.02.97.

5/5/96/0182 - Vary condition (B) of planning consent 5/5/92/A755 - Granted 28.02.97.

P/97/0785 - Erect leisure development including cinema/bingo/family entertainment centre/club/restaurant, associated car parking and servicing - Granted - 06.02.98.

P/97/0802 - Erect residential development - Withdrawn - 21.01.99.

P/98/0154 - Erect bingo, health club and cinema including games area and family entertainment centre - Granted 01.05.98.

P/98/0155 - Erect restaurants and family pub/restaurant - Granted 31.07.98.

Cont… Application No. 06/0247/RM Continued.

P/98/0379 - Vary Condition (N) of 5/5/92/0755(a) to allow excavation within the building exclusion zone - Granted 29.05.98.

P/03/0926 - Erect mixed use dev of housing, offices, hotel, p.h. restaurant, medical centre/crèche & open space inc. all engineering & building operations & landscaping - Granted 23.12.03.

The current application is a reserved matters submission which is linked to the outline approval reference no. P/03/0926. This latter permission contained a condition which identified the dispersal of land uses across the whole of the Castlegate site. The current application is shown as forming part of the land identified in the "Approved Master Plan" as part of the residential development. This phase is the last of the redundant land to be applied for construction on the other four phases are well underway.

POLICY

Site allocation

Development Plan: The development plan in force comprises the Adopted Mid Glamorgan County Structure Plan (1989) and the Adopted Caerphilly Basin Local Plan (1983) both of which have been adopted. The plan period for both these documents has now expired, however, they remain as the development plan for this area.

In the Adopted Caerphilly Basin Local Plan the site is identified as one to be reclaimed. The proposed after-use identified was residential/amenity. The site is within the settlement limits identified in that plan.

Council Approved UDP: In this plan the site has no specific identification. Once again the site is shown as being within the settlement limits of this plan.

POLICIES

Development Plan: Policies EV2 and BU4 (iv) of the Adopted Caerphilly Basin Local Plan relating to development standards and site reclamation are relevant.

Council Approved UDP: This document contains the following policies of relevance:

Policy DC1 - Development criteria. Policy H2 - Development on unallocated sites. Policy H3 - Affordable Housing. Policy L9 - Open Plan space provision.

Cont… Application No. 06/0247/RM Continued.

Policy L10 - Outdoor sports provision. Policy D6 - Contaminated land. Policy U4 - Drainage.

Regard has also been paid to the guidance contained in Planning Policy Wales (March 2002) and to the related Technical Advice Notes, which address individual topic areas (e.g., design, flooding etc.).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? Yes.

Was an EIA required? No.

An Environmental Statement was required in respect to the outline application for the overall Castlegate site. That statement addresses a whole range of issues, particularly those relating to the contaminated nature of the site.

The current proposal being over 0.5 hectares was screened under the E.I.A. Regulations 1999 however, it was concluded that the issues raised were such as to not require a further assessment.

CONSULTATION

Dwr Cymru - raises no objection to this application. It requires a condition regarding drainage arrangements to be imposed and that certain advice be passed onto the developer in respect to other relevant drainage issues.

Environment Agency (Wales) - raises no objection but makes comments in respect to land drainage matters which it requires to be forwarded to the applicant.

Western Power Distribution - indicates that it has apparatus just to the north of the site.

Head Of Public Protection - required a TAN II assessment in respect of noise nuisance arising from the classified road to the west. Such an assessment has been submitted and found to be acceptable subject to the installation of internal and external noise mitigation measures e.g. accoustic glazing, noise insullation linings to mansard roof areas, and the erection of solid boundary enclosures.

Cont… Application No. 06/0247/RM Continued.

A range of conditions relating to noise and dust control measures, importation of material, and the protection of existing remedial measures are also required.

Group Manager (Transportation Planning) - considers that the car parking provision is inadequate to serve the development and therefore raises objection to the proposal.

Senior Engineer (Land Drainage) - raises no objection to this application in respect to land drainage issues at the site.

CCBC Housing Enabling Officer - comments that the scheme has been drawn up with the approval of the Housing Division and meets the requirements of the area. It has the support of the Assembly and a Social Housing Grant has been secured for its development.

Caerphilly Town Council - has made no comments on the application.

Penyrheol, Trecenydd & Energlyn Community Council - has made no comments on the application.

Extent of Advertisement: The application has been advertised by means of site notices a press notice and direct correspondence has been undertaken with the two local residents associations and the adjoining house builders as at present there are no houses occupied within proximity to this site.

Response: No letters have been received in response to this proposal.

SECTION 17 CRIME AND DISORDER ACT

Crime and disorder are not issues in this case. The applicant has however forwarded a copy of a letter from Gwent Police confirming that the scheme meets the criteria of "Secured by Design".

E.U. HABITATS DIRECTIVE

There is no evidence that any protected species will be affected by the development. As Members will be aware the whole of the Castlegate site was the subject of a remediation scheme which involved the removal of all of the surface of the site in a phased restoration scheme. As such all potential habitats were removed.

Cont… Application No. 06/0247/RM Continued.

ANALYSIS

Policies: In considering this proposal the starting point must be its compliance with the development plan in force (i.e., the Adopted Mid Glamorgan County Structure Plan (1989) and the Adopted Caerphilly Basin Local Plan (1983)). Whilst appreciating that both these plans are now out of date, with their expiry dates having elapsed, they remain in force as the development plan. Section 54A of the Town and Country Planning Act 1990 requires that planning applications must be determined in accordance with this plan unless material considerations indicate otherwise.

As indicated above the Adopted Caerphilly Basin Local Plan identifies this site as one to be reclaimed for residential/amenity use (i.e. policy EV(iv)), In this respect the current proposal accords with that policy committment.

The main existing material consideration in respect to Section 54A, is the Council Approved Unitary Development Plan.

As a result of the Planning Inspector's report the UDP, the plan was modified to acknowledge the development potential of unallocated sites such as Penrhos, the the Caerphilly Basin area. This resulted in the outline consent being approved.

With regard to the detailed policies of relevance in the plans referred to Policy EV2 (Adopted Caerphilly Basin Local Plan) has been superseded by Policy DC1 (Council Approved UDP). Compliance with the criteria of the latter can therefore address both policies.

With regard to Policy DC1 the main criteria of relevance to this proposal are:-

(a) compatibility with surrounding land uses; (b) good design in terms of setting; (c) adequate parking provision; (d) makes effective use of the transportation network; (f) will not prejudice further comprehensive development; (g) will not be a polluter; and, (h) will not increase the risk of flooding.

In respect to the compatibility criteria, it can be seen from the approved master plan that this phase forms part of a planned whole. It is therefore designed to be compatible with its surroundings. Criterion (A) is therefore complied with.

Cont… Application No. 06/0247/RM Continued.

In respect to layout and design (i.e. criterion B) issues, it is evident that the shape of the site dictates the physical arrangement of the dwellings. The linear layout shown is therefore considered acceptable.

The submitted scheme shows active street frontages, adequate amenity space for every dwelling and privacy protection in respect to adjoining properties.

Unfortunately the reduced overall width does not allow for a great deal of rear forecourt parking and consequently many of the properties have traditional driveway access. However, the way the site has been divided in access terms requires that there are no large stretches of car park which dominate frontages.

The house types proposed are of a type seen elsewhere on the adjoining developments. The apartment blocks are not as common on the Castlegate development although there are examples of such development forums both under construction and comprised in undertermined applications on the wider site.

These three-storey blocks are actually the same height as the two and a half storey houses shown on this application and are of a smaller overall size and mass than the links comprising four of these house types.

These apartment blocks are both sited to the north of the application area and are therefore near the car-parking and kick about space. As a result this area has a sense of openess and space around it which provides an acceptable setting. On the above basis criterion (b) is considered to be complied with.

The site is approximately 300 metres from Nantgarw Road which has good public transport provision. It is also anticipated that when the overall site is fully developed a bus service will be in place to serve the development. As a result criterion (c) is complied with.

With regard to the parking position the applicant has increased the on-site provision by two spaces from the original scheme. This allows for two spaces per house, one per flat and eleven for visitors. The applicant considered that this more than accommodates the likely demand bearing in mind that this phase of the development is to provide for the affordable housing requirement for the Castlegate site. It should be noted however that the Group Manager (Transportation Planning) has raised objection in this regard.

The affordable housing phase of 48 dwellings was secured by way of a Section 106 Agreement signed at the time of the granting of the outline consent (i.e. P/03/0926).

Cont… Application No. 06/0247/RM Continued.

The Council's Housing Department has been involved in securing the type and mixture of dwellings forming the scheme. These houses have subsequently been designed in accordance with the Assembly's "Pattern Book" standards as "life time houses". This has resulted in them being larger than normal dwellings by around 20%.

Group Manager (Transportation Planning) considers that on the size of the dwellings further spaces should be provided to serve these larger units. In regard to the vast majority of applications the comments of the Group Manager (Transportation Planning) are accepted, however in this instance it is considered that the provision shown on the submitted plan is adequate to deal with the parking requirements at this site whilst still maintaining an acceptable level of quality over the development. The houses are only as large as they are in order to allow for their use and adaptation for occupiers whose health, age and mobility are likely to change and possibly worsen over time. In these circumstances it is considered that a degree of flexibility is justified and as such the provision shown is acceptable. Account should also be taken of central government's advice that parking standards are now to be regarded as maximum requirements, not the minimum. In the circumstances the requirement of criterion (D) is complied with.

With regard to criteria (F), (H) and (I) the phase is designed to integrate into a wider development, it is on land which has been remediated, and the approved adopted drainage arrangements ensure that the existing surface water and foul sewer arrangements protect the integrity and capacity of the existing drainage network.

As a result these three criteria are satisfied. Therefore Policy DC1 is complied with.

In respect to Policy H2, although this is a large site it is unallocated in the UDP and therefore, falls under this policy. It is considered that there is no issues regarding the unacceptability of surrounding land uses nor does it constitute insensitive or inappropriate infilling. As such, it complies with this policy.

Regarding Policies L9 and L10 (open space provision and play space provision), these were addressed in the context of the outline consent, when the "Master Plan" identified an area of land for a sports pitch and a Neighbourhood Equipped Area of Play (i.e. NEAP) which would serve the whole Castlegate site.

Policy H3 (Affordable Housing) is specifically addressed by way of this application. The S106 Agreement which accompanied the outline permission required the phase to satisfy the affordable housing provision for the whole of the Castlegate development. This proposal therefore fulfils the terms of that Agreement. This Policy is therefore satisfied.

Cont… Application No. 06/0247/RM Continued.

Policy D6 relates to contaminated land. The criteria contained in it are all matters that have been addressed in the remediation strategy approved as part of the outline permission previously granted.

The question of drainage (Policy U4) is also one that was addressed by way of this outline permission; however, it is considered relevant to impose a condition in respect of the detail of this scheme as it relates to the drainage arrangement serving the whole site.

In respect to the UDP Policies, it is considered that this proposal complies with their requirements.

With regard to Planning Policy Wales relating to the need for new development to be well integrated into the existing pattern of development to avoid creating ribbon development, it is considered that this proposal accords with that advice.

In the circumstances, there are considered to be no policy objections that can be raised in respect to this application.

Comments form consultees: The majority of bodies consulted did not object to the application. Any concerns they felt are considered to be capable of being controlled by way of the importation of conditions attached to any consent granted. The one exception to this position was the Group Manager (Transportation Planning). As indicated above the circumstances of this case are such as to warrant the use of limited flexibility and accept the scheme submitted. This accords with the recommendations of the Tai Cymru working party which recommends that they seek to "enlist the co-operation and understanding of Local Authority planners in restricting car parking provision to levels which realistically reflect the socio-economic circumstances of housing association tenants and do not impact detrimentally on scheme design".

This is reflected in part in the Council's own guidance where there is a move away from parking dominant developments. In the circumstances it is considered that there are no objections from any of the consultees which could justify a refusal of permission.

Comments from the public: There were no comments received as a result of the consultation exercise undertaken.

Other material considerations: The planning history of this site set the principle of residential development on the land under consideration. The Section 106 Agreement confirmed its use to a phase of 48 dwellings constructed to a negotiated standard and mix. That Agreement also indicated that it would be owned and managed by a social registered landlord (i.e. a housing association). The framework for this proposal was therefore already in place and the proposal submitted complies with relevant land use and legal requirements. Cont… Application No. 06/0247/RM Continued.

Conclusion: In the circumstances it is recommended that planning permission by granted in respect to this reserved matters, subject to the following conditions:-

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

01) No development shall take place until samples of the materials to be used in the construction of the external surfaces of the dwellings hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. REASON: In the interests of visual amenity.

02) No development shall take place until there has been submitted to, and approved by, the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of the development. Thereafter the scheme shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damages or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. REASON: In the interest of visual amenity.

03) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development ) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no garages or extensions, including porches shall be erected. REASON: In order to retain effective control over the development.

04) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that Order with or without modification), no fences, gates or walls shall be erected within the curtilage of any dwellinghouse forward of any wall of that dwellinghouse which fronts onto a road. REASON: In order to retain effective control over the development.

Cont… Application No. 06/0247/RM Continued.

05) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that Order with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) shall be constructed. REASON: In order to retain effective control over the development.

06) The buildings shall not be occupied until the areas indicated for the parking of vehicles have been laid out in accordance with the submitted plans and that area shall not thereafter be used for any purpose other than the parking of vehicles. REASON: In the interests of highway safety.

07) Notwithstanding the submitted plans, no works whatsoever shall commence on site until full engineering details of the road layout, including traffic calming, with sections, street lighting and surface water drainage, etc. have been submitted and approved by the Local Planning Authority. Thereafter the development shall be undertaken in accordance with those approved details. REASON: In the interests of highway safety.

08) Notwithstanding the submitted plans, no works whatsoever shall commence on site until details of any employee parking compound have been submitted to and approved by the Local Planning Authority. The compound shall be completed in accordance with the details prior to any works commencing and made available at all times for the parking of motor vehicles associated with the site until the development site is complete. REASON: In the interests of highway safety.

09) The construction works on dwellings hereby approved, must be undertaken in a manner that must not undermine the integrity of the horizontal vapour barrier or the other protective measures incorporated as part of the remediation works relating to planning permission No. P/02/0926. REASON: In the interests of residential amenity.

10) Prior to the development commencing on the construction of any roads, drainage, or buildings hereby approved a scheme for dust mitigation must be submitted and agreed in writing with the Local Planning Authority. Thereafter this agreed scheme shall be employed as necessary to deal with dust arising from construction works. REASON: In the interests of residential amenity.

Cont… Application No. 06/0247/RM Continued.

11) Prior to the development hereby approved commencing, a scheme for noise mitigation during construction must be submitted to and agreed in writing with the Local Planning Authority. The scheme should include the extent of operational hours at the site and noise levels between those hours. Those specified noise levels are required to be measured over one hour intervals and not the working day. REASON: In the interests of residential amenity.

Advisory Note(s)

The applicant be advised of the comments of Environment Agency (Wales), Dwr Cymru, Western Power Distribution and the Head Of Public Protection.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0254/COU Mr P Williams Change of use from Chapel to 09.08.2006 East Brook House domestic dwelling house at East View Terrace Jerusalem Chapel Bargoed Alexander Street CF81 8LT Abertysswg Rhymney Tredegar

APPLICATION TYPE: Change of Use

SITE AND DEVELOPMENT

Location: Jerusalem Chapel, Alexander Street, Abertysswg.

Site description: The site is located within a predominantly residential area within the settlement limits of Abertysswg. The chapel is situated at the junction of Alexander Street with The Green. Bay fronted terraced houses are located to the south of the site along The Green. A service lane runs along the western boundary of the site beyond which is terraced housing running along Alexander Street. A Community Centre is located opposite to the north east of the site and a park occupies a triangular area to the south east of the site. A service lane runs along the northern rear boundary of the church.

The topography of the site is such that the site slopes down from Alexander Street southwards.

Development: Full planning permission in sought in respect of the change of use of the chapel to a single residential dwelling. The development includes a two storey extension to the south-east facing elevation, facing The Green. The proposed ground floor will comprise a kitchen, lounge, dining room, study and utility room with four bedrooms, two with en-suite and a bathroom on the first floor.

The new dwelling will be orientated such that the front of the house will be facing The Green.

Dimensions: The site has a frontage of approximately 30 metres with Alexander Street and 18 metres with The Green. The footprint of the chapel building measures 6m x 5m. The proposal includes an extension to the south-east facing elevation measuring 1.5m x 6m. New window openings are proposed in the development.

Cont… Application No. 06/0254/COU Continued.

Materials: Existing slate roof with external walls to be re-rendered. No details have been provided in respect of the materials to be used in the windows and doors.

Ancillary development, e.g. parking: Car parking for three vehicles and a turning area.

PLANNING HISTORY

P/04/1675 - Erect two detached dwellings (3 or 4 bed) - Granted 06.01.05.

POLICY

Site Allocation

Development Plan: Adopted Upper Rhymney Valley Local Plan - within settlement limits.

Council Approved UDP: Policy DC2 - within settlement limits.

Policies

Development Plan: Standard development control criteria contained in Policy EV3 of the Adopted Upper Rhymney Valley Local Plan.

Council Approved UDP: The policy relevant to this application is Policy CF2, Protection of existing community facilities of the Council Approved Unitary Development Plan, which states: -

“Development which results in the loss of an existing community facility will only be permitted where:-

A. A suitable alternative location is available and the facility is provided by the developer; or B. A replacement facility can be incorporated into the new development; or C. It can be demonstrated that the facility is surplus to requirements.”

The application has also been assessed against standard development control criteria, contained in policy DC1 of the UDP, together with guidance contained within Development Design Guide No.1 – Building Better Places to Live.

Cont… Application No. 06/0254/COU Continued.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - has no objection to the development subject to conditions requiring a properly formed access. He provides a letter to be conveyed to the developer regarding the same.

Head Of Public Protection - no objection.

Glam/Gwent Archaeological Trust - confirms that the proposed development concerns the former Jerusalem Calvinist Methodist Chapel, built in 1903 and whilst the building is not protected by statutory designation, its presence is an important feature in the cultural history of Abertysswg and part of the local streetscape. It considers that the conversion of the building is unsympathetic to the original building but if planning consent is granted then a full record of the building should be made prior to the commencement of works so that a feature of the cultural history of Abertysswg is preserved at least 'by record'. It suggests an appropriate condition be attached to any consent.

Rhymney Community Council - raises no objections.

Extent of advertisement: The application has been advertised on site and neighbouring properties have been consulted.

Response: None.

Summary of observations: Not applicable.

SECTION 17 CRIME AND DISORDER ACT

There are no crime and disorder implications relative to this application.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

Cont… Application No. 06/0254/COU Continued.

ANALYSIS

The development has to be considered in terms of its compatibility with neighbouring land uses and its effect upon highway safety.

It is considered that given the existing use of the building as a chapel that the proposed change of use together with the proposed extension, would not result in any significant additional traffic flow or adverse effect upon the privacy or amenity of neighbouring properties or the surrounding area. However, it is considered appropriate to attach a condition to any consent requiring the external finishes of the extension to be similar to that of the former chapel and also the details of the windows and doors to be included in the development to be agreed with the Local Planning Authority. Also, given the cultural heritage of the building it is considered appropriate to attach a condition to any consent that the plaque above the existing main front door should remain in situ.

The concerns of the Glamorgan and Gwent Archaeological Trust Ltd, referred to above may also be addressed by attaching an appropriate condition to any consent.

With regard to the loss of the community facility the applicant has submitted a letter from the clerk of the Presbyterian Church of Wales explaining the reasons for closing the chapel. Apparently the church had only ten members and considered that it would be more sensible to find another building to hold their church services rather than pay £20,000 in respect of building works identified to maintain the Chapel. The church now rents and holds its meetings at the Old Age Pensioners Hall in Abertysswg.

The concerns of the Group Manager (Transportation Planning) referred to above may be addressed by attaching appropriate conditions to any consent.

In the absence of specific details of external finishes being submitted, it is considered appropriate to attach a condition to any consent requiring the same.

It is considered that the change of use does not conflict with local plan policies and is therefore the principle of residential development is acceptable in planning terms.

Cont… Application No. 06/0254/COU Continued.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) The development hereby approved relates to the details received on 15th November and 20th November 2006. REASON: For the avoidance of doubt as to the details hereby approved.

03) The external surfaces of the development shall not be constructed until details and colours of the materials to be used have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. REASON: In the interests of the visual amenity of the area.

04) The consent shall not extend to the detail shown on the submitted drawings in respect of window and door openings; prior to the commencement of the development revised details of the window and door openings shall be submitted to and agreed in writing by the Local Planning Authority. The development shall be completed in accordance with the agreed details prior to occupation. REASON: In the interests of the cultural heritage of the building.

05) The existing plaque stating "Calvanistic Methodist Jerusalem 1903", erected on the north facing elevation facing Alexander Street shall be retained in place at all times, and shall not be obscured with render, paint or other similar coating. REASON: In the interests of retaining the cultural heritage of the building.

06) The building shall not be occupied until the area indicated for the parking and turning of vehicles has been laid out in accordance with the submitted plans and that area shall not thereafter be used for any purpose other than the parking of motor vehicles. REASON: In the interests of highway safety.

07) Prior to the commencement of the development an appropriate programme of building recording and analysis shall be submitted to and agreed in writing with the Local Planning Authority, and shall thereafter be carried out before the development hereby approved commences by a specialist acceptable to the Local Planning Authority. REASON: To allow a record of the building to be made. Cont… Application No. 06/0254/COU Continued.

Advisory Note(s)

The development plans relevant to this application are the Mid Glamorgan Structure Plan, the Adopted Upper Rhymney Valley Local Plan, and the Council Approved Unitary Development Plan. Policy DC1 of the latter plan is relevant to conditions attached to this consent.

The applicant is advised of the comments of the Group Manager (Transportation Planning) and the Glamorgan Gwent Archaeological Trust Ltd.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0274/FULL Barratt Homes South Wales Erect one dwelling 23.08.2006 C/o Hammonds Yates Limited Plot 13a on Victorian Arcade Land Off Bryngwyn Road 109 High Street Newbridge Portishead Bristol BS20 6PT

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: This application relates to the first phase of the Barratt development under way at the former caravan showrooms on the northern side of Bryngwyn Road, Newbridge.

Site description: The application site is in a rough state being part of the larger construction site. It is rectangular in form following the line of the estate access road. Land to the rear of the site rises in a wooded embankment to a bungalow beyond.

Development: Planning permission is sought to erect a detached three bedroomed house with a single aspect facing the estate road. It would be completed in a style to match the development under construction.

Dimensions: The plot has a length of 25 metres and a depth of 7m and the house has a footprint of 8.7m x 5.5m.

Materials: Materials have not been specified in the application

Ancillary development, e.g. parking: Off street hardstanding for two vehicles is proposed to the side of the house. Retaining walls are required to support the toe of the embankment to the rear.

PLANNING HISTORY

P/01/1023 - Erect residential development - Approved 7th December, 2001. P/05/0640 - Demolish existing garage and workshop with the erection of thirteen dwellings, garages, parking court, road and associated works - Approved 27th October, 2005.

Cont… Application No. 06/0274/FULL Continued.

POLICY

Site Allocation

Development Plan: The site lies outside the settlement envelope of the Adopted Islwyn Local Plan.

Council Approved UDP: The site is unallocated but within the settlement boundary defined by Policy DC2 of the plan.

Policies

Development Plan: Adopted Islwyn Local Plan policies H3 (design of new residential development), H5 (settlement envelopes), WFS1 (windfall sites) and D1 - D10 (design criteria for new development) are relevant to the consideration of this application.

Council Approved UDP: Policies DC1 (standard development control criteria), DC2 (settlement boundary), H2 (development on unallocated sites), U4 (Drainage) along with Development Design Guide 1 - Building Better Places.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - has no objection to the proposal.

Hyder Consulting Ltd - has no objection to the proposal and requests conditions to protect the public sewerage system against hydraulic overload, damage to its integrity and the wider risk of pollution of the environment.

Head Of Public Protection - has no objection subject to a condition concerning contamination and the importation of material.

Senior Engineer (Land Drainage) - has no objection to the proposal and provides general advice that should be forwarded to the applicant.

Cont… Application No. 06/0274/FULL Continued.

Extent of advertisement: Seven neighbouring properties have been consulted by letter and a site notice has been posted.

Response: One representation has been received.

Summary of observations: The application site encroaches on land that is not owned by the applicant and the correct notice has not, therefore, been served as part of the application.

• The proposal results in the loss of the planned vehicle turning head. • There may be an adverse effect on vision of vehicles emerging from Bryn Gwyn Cottages. • Over-development of the site given its small size.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies: Whilst this is an unallocated site in the Adopted Islwyn Local Plan and the Unitary Development Plan the general principle of development has been established by the grant of permission for a larger residential development site of which this application site forms part. The general principle of the development is acceptable. The proposal is considered to be compliant with the design policies cited above and acceptable in these terms.

Comments from Consultees: The comments of the Head of Public Protection are noted and appropriate conditions are recommended. The conditions recommended by Welsh Water have been evaluated and it is considered they can be addressed by the single condition that will also address the comments of the Senior Engineer (Land Drainage).

Cont… Application No. 06/0274/FULL Continued.

Comments from public: The matter of the notices has been considered. The evidence provided by the objector does not confirm a discrepancy in the notice served with the application. It seems there is a dispute in ownership that must be resolved outside the application.

The matter of the vehicle turning head is resolved by condition as discussed below.

Group Manager (Transportation Planning) is satisfied that the proposal will not compromise vision of vehicles emerging from Bryn Gwyn Cottages.

Finally the relationship and space about dwellings is considered to be acceptable by modern standards and it is not considered to be overdevelopment.

Other material considerations: It is proposed to erect the dwelling and garden in place of a vehicle turning-head required as part of the previous residential permission. This would be detrimental to highway safety, as it would lead to vehicles reversing in to Bryn Gwyn Road. The problem can, however, be overcome by the provision of an alternative facility or the opening of the phase two road to its junction with the road known as "Road Two". This can be achieved through the imposition of a condition to secure the alternative before the occupation of the dwelling. The development is considered to be acceptable in all other respects.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) Prior to the commencement of works on site a scheme for the drainage of foul, land and surface water shall be submitted to and agreed in writing by the Local Planning Authority. All works that form part of the agreed scheme shall be carried out before any part of the development is occupied. REASON: To ensure the development is served by an appropriate means of drainage.

Cont… Application No. 06/0274/FULL Continued.

03) Prior to the commencement of the development a scheme shall be submitted to and agreed in writing by the Local Planning Authority to deal with the contamination of the site. That scheme shall include a ground investigation and a risk assessment to identify the extent of the contamination and the measures to be taken to avoid risk to the occupants of the development when the site is developed. The development shall be carried out in accordance with the approved scheme. REASON: In the interests of public health.

04) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no windows/dormer windows, other than those expressly authorised by this permission, shall be constructed without the approval of the Local Planning Authority. REASON: In the interests of residential amenity.

05) Prior to the commencement of the development a scheme shall be submitted to and agreed in writing by the Local Planning Authority indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the dwelling is occupied. The development shall be carried out in accordance with the approved details. REASON: In the interests of the visual amenities of the area.

06) The external surfaces of the development shall not be constructed until details of the materials to be used have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. REASON: In the interests of the visual amenity of the area.

07) The development shall not be occupied until the area indicated for the parking of vehicles has been laid out in accordance with the submitted plans, in materials which shall first be agreed in writing by the Local Planning Authority, and that area shall not thereafter be used for any purpose other than the parking of vehicles. REASON: In the interests of highway safety.

Cont… Application No. 06/0274/FULL Continued.

08) Details of a temporary turning facility to replace that approved on the site by application P/05/0640 shall be submitted to and agreed in writing by the Local Planning Authority before works associated with the permission herby granted commence on site. Thereafter, the facility shall be provided in accordance with the agreed details, before the commencement of works, and shall remain in place until permanent turning facilities have been provided elsewhere on the development approved by virtue of permission P/05/1300 (phase 2) to the satisfaction of the Local Planning Authority. REASON: In the interests of highway safety.

09) No building approved by this permission shall be occupied or approved uses commence until a report has been submitted to and approved in writing by the Local Planning Authority which verifies that the required works have been undertaken in accordance with the remediation strategy. REASON: To protect public health.

10) Before any soils or hardcore are brought on to site a scheme for its importation and testing for contamination, shall be submitted to and agreed in writing with the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme. REASON: To prevent contamination of the application site in the interests of public health.

Advisory Note(s)

Please find attached the comments of the Group Manager(Transportation Planning) that are brought to the applicant's attention.

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: policy DC1.

Code No. and Date Name and Address of Description and Location of Received Applicant Proposed Development

06/0279/FULL Mr A Edwards Retain two holiday chalets and 21.08.06 White House erection of two holiday chalets Troed y Rhiw on Land at Hafod Tudor Wattsville Cottage, Off Hafod Tudor NP1 7QQ Terrace, Wattsville

APPLICATION TYPE: Retention

SITE AND DEVELOPMENT

Location: Approximately 500m to the north-west of Hafod Tudor Terrace, Wattsville.

Site description: The site is located on a cleared section of hillside within the secluded and predominantly wooded valley of the Nant Hafod-Tudor. It is occupied by two existing chalets and immediately adjoins the rebuilt Hafod Tudor Cottage to the south-east.

Development: Retention of two existing holiday chalets and erection of two additional holiday chalets.

Dimensions: The two existing chalets measure 8m x 8.5m with a height of 3.8m to the apex. The proposed chalets measure 7.2m x 8.3m with a height of 5.5m to the apex.

Materials: Timber cladding to walls, dark green felt roof tiles.

Ancillary development, e.g. parking: The block layout indicates an extension of the existing service road to provide a circular route for the four chalets, and parking spaces for the four chalets.

PLANNING HISTORY

P/98/0511 - Erect detached garage and swimming pool - Granted 27.08.98.

P/99/0532 - Erect two holiday chalets - Granted 05.08.99.

POLICY

Site Allocation

Development Plan: Adopted Islwyn Local Plan - the site lies outside the settlement envelope and within a Special Landscape Area.

Cont…… Application No. 06/0279/FULL Continued.

Council Approved UDP: The site lies outside the settlement boundary and within a Special Landscape Area and Site of Importance for Nature Conservation.

Policies

Development Plan: Adopted Islwyn Local Plan - Policies D1-D6 (design of the built environment), T1 (development of tourism facilities) and CE2 (special landscape areas).

Council Approved UDP: Policies DC1 (development criteria), DC2 (settlement boundary), L12 (tourism facilities), C1 (development in the countryside), C11 (local nature conservation designations) and C12 (special landscape areas).

Advice contained within the Council's draft Development Design Guide 4, Buildings in the Countryside is also relevant.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

WAS AN EIA REQUIRED? NOT APPLICABLE.

CONSULTATION

Group Manager (Transportation Planning) – No objection subject to conditions.

Head of Public Protection – No objection subject to a condition regarding importation of soil.

Senior Engineer (Land Drainage) – General advice regarding drainage of the development.

Extent of advertisement: The occupier of a neighbouring dwelling was notified by letter and the application was advertised by means of a press notice and a site notice displayed in the vicinity of Hafod Tudor Terrace.

Response: One.

Summary of observations: Campaign for the Protection of Rural Wales has no objection provided that the development is in accordance with Council Approved Unitary Development Plan Policy C12 (Special Landscape Areas).

Cont…….. Application No. 06/0279/FULL Continued.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies: Policy DC2 of the UDP states that:-

“Development beyond the settlement boundary will only be permitted for certain categories of use; these include recreation and leisure proposals and the development is, therefore, considered to be in accordance with this policy.”

Policy T1 of the Adopted Islwyn Local Plan favours the development of tourism facilities where they would not conflict with surrounding land uses, would harmonise visually with the surroundings, and where suitable access and parking provision can be achieved. Policy L12 of the Unitary Development Plan states that the development of tourism facilities will be permitted where they would not overload the capacity of local facilities and infrastructure. The explanatory text also states that in order to protect the countryside from sporadic development, ‘new-build’ tourist accommodation outside designated settlement boundaries will only be allowed where the development can be related to existing buildings.

Policies 1C (the strategic policy in respect of countryside protection) and C1 (the general countryside policy) of the UDP would allow development in the countryside only where it would not harm the character, amenity, landscape and nature conservation value of the area.

Policy C11 of the UDP states that:

“Development within or near (among other things) sites of importance for nature conservation which would have a harmful impact on the protected features of such sites will only be permitted where the need for the development clearly outweighs the need to safeguard the site.”

Policy CE2 of the Adopted Islwyn Local Plan and Policy C12 of the UDP state that:

“Development within Special Landscape Areas will only be permitted where there would be no harmful impact on the landscape character and nature conservation importance.”

Cont…….. Application No. 06/0279/FULL Continued.

Permission was granted in 1999 for the erection of two chalets on the site (P/99/0532). It was considered that the siting, design and materials were appropriate to the rural setting and that the landscape value of the Special Landscape Area would not be harmed. The current application seeks to retain the existing chalets since their precise siting and design is not in accord with the approved scheme. The scheme as built is considered to be acceptable.

The proposed chalets would extend the holiday development further from the dwelling and would be on slightly higher ground. Further, the roof of the chalets would have a greater massing to incorporate a loft bedroom. It is considered, however, that the proposed development would relate well to the existing buildings and would allow the completion of the site with a circular road to serve the four chalets. The site is in a secluded position within the valley and is well screened from higher ground by tree cover. The proposed external materials of the chalets are considered to be appropriate to the rural setting.

The development is considered to comply with local plan policies relating to tourism facilities by virtue of the siting, scale and design of the proposal. The question of access is addressed by the Group Manager (Transportation Planning).

It is not considered that the development would have any adverse impacts on the landscape character of the Special Landscape Area or the nature conservation value of the SINC.

It is considered that any permission should be subject to a condition limiting its use to holiday accommodation only, in order to prevent the establishment of a permanent dwelling contrary to local plan policies, and to conditions preventing the erection of walls and fences and the carrying out of any extensions or alterations to the chalets.

Comments from Consultees: Group Manager (Transportation Planning) has no objection subject to the provision of an additional passing bay on the access road and the completion of the road and parking areas within the site.

Head of Public Protection requests that a condition be attached to any permission regarding the importation of soil.

Chief Engineer (Drainage) advises that the proposed soakaways would be dependent on permeability tests to confirm the suitability of the site, and that the proposed septic tank would require the prior consent of the Environment Agency (Wales).

Comments from public: None.

Other material considerations: None.

Cont…….. Application No. 06/0279/FULL Continued.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) The chalets hereby permitted shall be used for holiday accommodation only and for no other purpose including any other purpose within Class C3 of the Town and Country Planning (Use Classes) Order 1987. REASON: In order to retain effective control over the development.

03) Notwithstanding the submitted drawings, before works commence on site details of an additional passing bay to be provided along the site access road shall be submitted to and approved in writing by the Local Planning Authority. The passing bay shall be laid out and constructed in accordance with these approved details before the holiday chalets are first occupied, and shall be maintained thereafter as a passing bay. REASON: In the interests of highway safety.

04) The roadway and parking areas shall be completed in permanent materials, in accordance with details to be submitted to and approved in writing by the Local Planning Authority, before the additional chalets are first occupied, and shall be maintained thereafter for access and parking. REASON: In the interests of highway safety

05) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no fences, gates or walls (other than the retaining wall indicated on the submitted block layout drawing) shall be erected within the application site. REASON: In order to retain effective control over the development and in the interests of visual amenity.

06) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), the chalets hereby approved shall not be extended or altered in any manner. REASON: In order to retain effective control over the development and in the interests of visual amenity.

Cont…….. Application No. 06/0279/FULL Continued.

07) Before any soils or hardcore are brought on to site a scheme for its importation and testing for contamination, shall be submitted to and agreed in writing with the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme. REASON: To prevent contamination of the application site in the interests of public health.

Advisory Note

Please find attached the comments of Head of Public Protection and the Chief Engineer (Drainage) that are brought to the applicant's attention.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0303/COU Include Change the use of offices to 18.08.2006 C/O Welsh Water training facility at Pentwyn Road Former Visually Impaired Unit Nelson (Include Offices) CF46 6LY Ashfield Road Newbridge

APPLICATION TYPE: Change of Use

SITE AND DEVELOPMENT

Location: This is a building sited along Ashfield to the rear of Tynewydd Infant school and nursery, which is sited on Greenfield.

Development: The application is for a change of use from an office to training centre. The site is to be used by an organisation called Include which is a national charity dedicated to tackling the crisis of social exclusion of young people. Their mission is to secure the inclusion of all young people in full time mainstream education, training and employment, to enable them to become full members of their community. Include is the largest single provider of services for excluded young people, working in partnership with local authorities, and works with education, youth offending teams, learning skills councils, Police, social services and health authorities. The organisation works at different levels. At the primary intervention level they work with children aged between 4 and 11 years, schools, parents and carers, educational psychologists and other professionals supporting parents in order to prevent exclusion and young people entering the care system.

The reintegration projects work with excluded young people with multiple problems and support these people to return them to mainstream education as soon as possible. There are also bridge projects working with young people of the age of 14-16 who are permanently excluded from school or are long-term non-attendees.

Dimensions: This is a large building within which there would be two training rooms each measuring 6.2m x 7.1 and 5.3m x 6.2m. These will be on the ground floor, together with an area of approximately 16m x 7m within which will be located an educational psychologist's office, tea room, social worker's office, waiting area, and a general office. The first floor would have offices, storerooms and other ancillary rooms.

Cont. Application No. 06/0303/COU Continued.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

No previous planning history.

POLICY

Site Allocation

Development Plan: The site is within the settlement of Newbridge as defined by Policy H5 of the Adopted Islwyn Local Plan.

Council Approved UDP: The site is within the settlement boundary of Newbridge as defined by Policy DC2 of the Council Approved Unitary Development Plan.

Policies

Development Plan: Policy CF1 of the Adopted Islwyn Local Plan states as follows:

“Land will be made available at the appropriate scale, location and rate to provide for the needs of education, health, social services, community uses and utility services.”

Council Approved UDP: Policy CF1 states:

“The development or improvement of community facilities will be permitted within settlements if:-

A They are appropriately located in relation to the residential area they are intended to serve; B Adequate vehicular and pedestrian access is provided including access is provided including access for disabled persons; and C They are appropriately located where there is good access to public transport.”

Policy DC1 (development criteria) should also be taken into account.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable. Cont… Application No. 06/0303/COU Continued.

CONSULTATION

Group Manager (Transportation Planning) - no objection.

Head Of Public Protection - no objection.

Extent of advertisement: Thirteen properties were notified of the application.

Response: Two letters of objection have been received; one letter is from residents of two properties on Greenfield.

Summary of observations: The objections are as follows:-

1. No parking available except outside residents' houses. 2. Writer understands the need for this use, but it could go elsewhere. 3. This is close to a primary school. 4. The use would have a detrimental effect on property values. 5. This use would be best located in an industrial area.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies: The application is in conformity with the spirit of the policies quoted above, as the proposed development is a community facility serving the young people of the area.

Comments from Consultees: No objection has been raised from consultees.

Cont… Application No. 06/0303/COU Continued.

Comments from public: The objections made by the writers, and quoted above are noted, and matters such as lack of parking are addressed in the considerations below. Regarding the claim that this facility is best suited to an industrial estate, it is noted that this is an educational facility providing the type of education provided in the mainstream schools, and is not a training facility for employment, which may be better suited in an industrial environment. Regarding the concerns about such a development near a school, the applicant is in close consultation with the Local Education Authority regarding the provision of this facility, which aims to provide a education programme for young people within the County Borough who are unable to be educated in mainstream institutions.

Other material considerations: The change of use proposed in this application will be for an organisation working in partnership with this Council, and its departments, to address the need to provide a programme for those excluded from mainstream education. It is proposed that the students will access educational curriculum set by WJEC, and will study, traditional subjects, as well as IT and other subjects. The study areas are confined to two rooms on the ground floor. The building will accommodate twenty young people between the hours of 10a.m. and 2.30p.m., five days a week, during the academic year. Those attending the premises will be brought by taxi. With respect to car parking, it is anticipated that the current demand for car parking will be reduced, as there will be approximately 7-8 staff in the building at any time. The proposal is in general conformity with the local plan policies, and there is no material planning objection to the development.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0315/COU Tudor Developments (South Convert chapel to dwelling, 21.08.2006 Wales) Ltd provide new access path and Kimson House gate to cemetery at Rhymney Bridge Zoar Graig Chapel & Cemetery Llechryd Rhymney Bridge Tredegar Llechryd Tredegar

APPLICATION TYPE: Change of Use

SITE AND DEVELOPMENT

Location: The application property is outside the settlement limits of Rhymney and to the north of the Heads of the Valleys Road at Llechryd.

Site description: The application property is a dilapidated former chapel building that sits on the side of a valley to the north of the A465 Road. The chapel is situated within a larger parcel of land that has previously been used as a private cemetery and is still registered as such. The building is a large imposing random stone structure that, whilst it has four solid walls, they are not up to wall plate level and it has no roof. The building sits at the end of an access track that is unmade for a distance of approximately 160m from a point just to the north of the lane where it passes under the A465. The application site also comprises the access track and part of the cemetery for 12m immediately to the east of the former chapel. Works to the access track have previously been carried out and approved under consent no. P/04/0010 and parts of the graveyard have previously been landscaped.

Development: The proposal seeks full planning consent for the conversion and rehabilitation of the chapel to provide a dwelling together with landscaping of an area of the graveyard to provide a garden. The former chapel will be refurbished by reinstating the walls to wall plate height, constructing a new roof, installing new windows and inserting new window openings into the side and rear elevations. The repairs and alterations are designed to be in keeping with the original character of the chapel.

Dimensions: The chapel has a footprint of 12.5m by 10.5m and its overall height to the ridge will be 9.5m. The curtilage of the dwelling will measure approximately 20m by 26m.

Cont… Application No. 06/0315/COU Continued.

Materials: The conversion is to be carried out using concrete blocks to repair the walls with the building then being rendered and painted to restore it to its original character. A slate roof and wooden window frames will also be used.

Ancillary development, e.g. parking: The block plan shows provision of a turning area and parking and an indicative plan also shows new entrance gates to both the dwelling and the cemetery.

PLANNING HISTORY

P/04/0010 - Retain widened access road - Granted 18.03.04.

P/04/0991 - Convert existing former church premises to dwelling, store and office to be used in conjunction with existing private cemetery and alteration of access - Refused 11.03.05 - Appeal Dismissed 30.08.05.

POLICY

Site Allocation

Development Plan: The application site is outside settlement limits in the Adopted Upper Rhymney Valley Local Plan.

Council Approved UDP: Outside settlement limits.

Policies

Development Plan: Policy EV3 of the Adopted Upper Rhymney Valley Local Plan provides general development control criteria against which all applications should be assessed. Proposal EV1 seeks to restrict development outside settlement limits.

Council Approved UDP: DC1(Standard Development Control Criteria) C6 (Conversion and Rehabilitation of Buildings) DC2 (Settlement Boundary) C1 (Development in the Countryside)

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

Cont… Application No. 06/0315/COU Continued.

CONSULTATION

Dwr Cymru - No objection subject to conditions.

Group Manager (Transportation Planning) - No objection subject to conditions.

Head Of Public Protection - has no objections subject to a condition concerning the importation of soil.

Senior Engineer (Land Drainage) - No objection subject to conditions.

Glam/Gwent Archaeological Trust - has no objections subject to conditions concerning the recording of the building, gravestones and monuments, and an archaeological investigation.

Rhymney Community Council - objects to the application because the rear garden, proposed hardstanding to the front of the building and part of the access way would be built on land that was formerly a graveyard. It is requested that Caerphilly County Borough Council confirms that all outstanding legal issues concerning the removal of gravestones and the remains of the deceased and works already carried out at the site have been approved by the Home Office. It would be illegal to determine the application when these may be outstanding legal issues.

Extent of advertisement: The application was advertised by means of a site notice and neighbour letters.

Response: One E mail has been received concerning the provision of access to the graveyard, and expressing concern about works carried out to some gravestones.

SECTION 17 CRIME AND DISORDER ACT

Cont… Application No. 06/0315/COU Continued.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? A bat and barn owl survey was carried out in respect of the application and no evidence was found of any protected species within the building. However evidence of bats was found in the gravestones surrounding the site. Therefore any consent granted should be conditioned to provide mitigation measures including bat roosting boxes.

ANALYSIS

Policies: The application has been considered in accordance with local plan policies and supplementary planning guidance. The main point to consider in the determination of this application is the advice contained within Policy C6 of the Unitary Development Plan that suggests that such developments should only be carried where the existing structure can be converted without the need for major external alteration or reconstruction. A previous application for the conversion of this building was refused for failure to comply with this policy. In the reasoning for his decision the National Assembly Inspector pointed out that whilst the applicant had provided a Structural Engineers Report suggesting that the existing walls are sound and capable of being used in any conversion, the report had failed to address the ethos of Criterion A as stated above; that is to say that the building would need major works of repair including the rebuilding of the walls and a new roof together with supporting structures in order to return it to a state that was habitable. The condition of the structure has not changed in the intervening period and as such it is still considered that the proposal is contrary to part of criterion A to Policy C6.

The previous proposal also included the erection of a substantial extension at the rear of the dwelling that was not considered to be in keeping with the original architectural style of the building. This again was alluded to in the Inpsector's decision letter and served to support the council's assertion that the proposal failed to comply with Policy C6. The scheme under consideration here does not propose any extensions to the original structure and only proposes repairs and construction works in order to restore the building to its original appearance. Members are also advised that whilst the submitted plans indicate that new openings are to be created in the rear elevation of the building on closer inspection of the building it is noted that there are existing openings in that elevation that have previously been blocked up.

The applicant has submitted photographs of the original building as it stood at the turn of the 20th Century and the proposal before members is considered to be in keeping with the buildings original architectural style. The proposed double-hipped roof and the arched windows with four full height windows in the front elevation are clearly visible on the photograph and the submitted plans show the building to be converted in a complementary style in accordance with criterion B of Policy C6. Cont… Application No. 06/0315/COU Continued.

Consequently the main point for members to consider is whether the application should be refused in strict accordance with criterion A of Policy C6 or whether the application should be approved in order to secure the benefits to be gained from bringing (back into beneficial use) a building, that whilst not worthy of being listed as a building of historic or architectural merit by Cadw, has a locally significant historic and architectural merit. The Inspector concluded that what remains of the Chapel is an attractive ruin that fits into the setting and doesn't unduly detract from the character of the area.

Comments from consultees: There were no objections received from statutory consultees.

Comments from public: Comments from the public are considered below.

Other material considerations: This planning application seeks consent for the residential conversion of a dilapidated former chapel building but also seeks consent for the use of part of a former graveyard to form part of the domestic curtilage of the dwelling. Whilst only one letter has been received in respect of this matter as part of this planning application, this was an area that caused a great deal of concern amongst members of the public at the time of the previous application. Whilst it is acknowledged that this is an extremely emotive issue it should also be noted that it is not a planning matter and therefore does not have a bearing on the determination of this application. It is not for the Local Planning Authority to intervene in matters that are not material planning considerations and it is for the relatives of those persons buried at the site within the last 50 years to pursue private legal action in order to secure the retention of the gravestones and access to the graveyard. The Inspector concluded that a residential use was not incompatible with the graveyard use.

RECOMMENDATION that Permission be REFUSED

The reason(s) for the Council’s decision is/are

01) The existing building is not considered to be in a structurally sound condition whereby it can be converted to a dwelling without major external alteration or reconstruction, and therefore the proposal conflicts with part (a) of Policy C6 of the Council Approved Unitary Development Plan.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0321/LA CCBC Erect extension to the existing 22.08.2006 Park Services Department pavilion building currently used Ystrad Fawr for sports changing at Ystrad Mynach Changing Pavilion Hengoed Gelliwen Recreation Ground CF82 7SF Bedwellty Road New Tredegar

APPLICATION TYPE: Local Authority Application

SITE AND DEVELOPMENT

Location: The application property is outside of the settlement limits on the valley side between Aberbargoed and New Tredegar.

Site description: The application property is a small single thickness concrete block building that is used as a changing room in connection with the playing field that surrounds it. The building has a concrete tiled pitched roof and has a pedestrian access off Bedwellty Road.

Development: The proposal seeks full planning consent for the erection of an extension to the existing pavilion together with recladding of the building.

Dimensions: The extension will measure 8.2m long and would be the same width as the existing structure.

Materials: The pavilion will be clad with an external render system and will have a tiled roof.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

None.

Cont… Application No. 06/0321/LA Continued.

POLICY

Site Allocation

Development Plan: The application property is outside settlement limits in the Adopted Upper Rhymney Valley Local Plan.

Council Approved UDP: Outside settlement limits and within a special landscape area.

Policies

Development Plan: Policy EV3 of the Adopted Upper Rhymney Valley Local Plan provides general development control criteria against which all applications should be assessed.

Council Approved UDP: DC1(Standard Development Control Criteria) DC2 (Settlement Boundary) C1 (Development in the Countryside) C12 (Special Landscape Areas)

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - No objection.

Head Of Public Protection - No adverse comments to make.

Extent of advertisement: The application was advertised by means of a site notice.

Response: None. Application No. 06/0321/LA Continued.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? A bat survey was carried out in respect of this proposal and no evidence of protected species was found.

ANALYSIS

Policies: The application has been considered in accordance with local plan policy and supplementary planning guidance.

Comments from consultees: There were no objections received from statutory consultees.

Comments from public: There were no objections received from members of the public.

Other material considerations: The application seeks full planning consent for an extension to and recladding of an existing sports pavilion. The proposal is considered to be supported in principle by local plan policy and no objections were received. The materials to be used in the external finishes of the building are considered to be acceptable subject to the use of suitable colours and therefore any consent should have a condition attached requiring the submission of samples. The proposal is considered to be acceptable in all other respects.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) The external surfaces of the development shall not be constructed until samples of the materials to be used have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. REASON: In the interests of the visual amenity of the area. Cont… Application No. 06/0321/LA Continued.

Advisory Note(s)

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: DC1.

The following policy of the Adopted Upper Rhymney Valley Local Plan is relevant to the conditions of this permission: EV3.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0344/COU Monmouthshire County Council Change the use from day care 25.08.2006 County Hall centre to temporary police Resources And C S station at Cwmbran Twyncarn House NP44 2XH Newport Road Cwmcarn NP11 7LY

APPLICATION TYPE: Change of Use

SITE AND DEVELOPMENT

Location: The site is located on Newport Road, in close proximity with the junction of this road and the roundabout on the A467.

Site description: This is a large Victorian building which is of stone and render, and later addition of brick and render, connected by means of a glazed corridor.

Development: The proposed development is for a change of use of the former day care centre to a temporary police station. This is in place of the Risca police station, whilst work to that station is being carried out.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

2/9024 - Extension to existing recreation block to provide hairdressing suite and shower room - Granted 18.12.89.

POLICY

Site Allocation

Development Plan: The site is within the defined settlement of Cwmcarn within the Adopted Islwyn Local Plan.

Council Approved UDP: The site is within the settlement boundary of Cwmcarn.

Cont… Application No. 06.0344/COU Continued.

Policies

Development Plan: Policy CF1 of the Adopted Islwyn Local Plan states:-

"Land will be made available at the appropriate scale, location and rate to provide for the needs of education, health, social services, community uses and utility services."

Council Approved UDP: Policy CF1 of the UDP states:-

"The development or improvement of community facilities will be permitted within settlements if:-

A They are appropriately located in relation to the residential are they are intended to serve; B Adequate vehicular and pedestrian access is provided including access for disabled persons; and C They are appropriately located where there is good access to public transport."

Policy DC1 (development criteria) should also be taken into account.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Head Of Public Protection - has no objection.

Group Manager (Transportation Planning) - has no objection.

Extent of advertisement: Twelve properties were notified of the application, and it was advertised on site.

Cont… Application No. 06/0344/COU Continued.

Response: One letter has been received from the occupiers of a property immediately opposite the site.

Summary of observations: Whilst not raising objection, the writers note that they would raise objection if the site were to hold criminals, act as a centre that might attract people causing problems in the area, or be disruptive, particularly at night.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies: The temporary use proposed in this application, conforms to the spirit of the policies quoted above, as a police station is a community facility, and there is a requirement to provide this within the area it serves.

Comments from Consultees: No objection received.

Comments from public: The comments from the occupier are noted. The police station will not hold arrested people in custody, and it is unlikely that a police station will attract late night disturbance from the public.

Other material considerations: The application is for the temporary use of an empty building, and it is understood that the occupation of the building for this use has commenced. Notwithstanding this, it is noted that the manner in which the activities are carried out would be solely as a base for an office and a place where members of the public can come for advice. There will be no custody suite as such people are sent to designated centres such as Ystrad Mynach.

These offices employ approximately five office staff, who work 9 a.m. to 5. p.m., in addition to four uniform officers who work on a shift basis. Vehicle movements would include officers going out on patrol and other duties.

It is understood that the temporary use is sought with about June of 2007, whilst the work to the Risca Police station is being carried out. The proposal is considered acceptable.

Cont… Application No. 06/0344/COU Continued.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

01) The development hereby permitted shall be carried on only by the Gwent Police Authority; and when the premises cease to be occupied by the Gwent Police Authority; the use shall cease. REASON: The permission is granted in the light of the extenuating personal circumstances of the above and would not otherwise be granted.

Advisory Note(s)

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: policy DC1.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0368/FULL K Perry & Sons Site portacabin for office use 11.09.2006 4 New Road Ken Perry & Sons Woodfieldside 4 New Road Blackwood Woodfieldside NP12 0BU Blackwood NP12 0BU

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: At the northern end of Woodfield Street.

Site description: The site comprises a coach depot at the northern end of a residential street. It is bounded to the north and north-east by a section of the Sirhowy Enterprise Way and the roundabout junction in the vicinity of Park Terrace (between Woodfieldside and Penmaen). To the west is a community hall and an open space between the site and dwellings on Woodfield Street, and to the south-east is an area of undeveloped land. The site is relatively flat and contains a large garage building at its south-eastern end.

Development: Siting of portacabin for office use.

Dimensions: 8.5m long x 2.7m wide x 2.4m high.

PLANNING HISTORY

P/99/0520 - Erect residential development - Refused 26.08.99.

2/11922 - Erect residential development - Granted 27.07.94.

2/11700 - Erection of a pair of steel framed security gates - Granted 17.02.94.

2/10277 - Erect residential development - Granted 13.09.91.

POLICY

Site allocation

Development plan: Adopted Islwyn Local Plan - the site lies partly within the settlement envelope and partly within land safeguarded for the route of the Blackwood By-Pass.

Cont’d… Application No. 06/0368/FULL Continued

Council Approved UDP: The site lies within the settlement boundary.

Policies

Development plan: Adopted Islwyn Local Plan - no policies of direct relevance to this application.

Council Approved UDP: DC1 (Standard Development Control Criteria).

CONSULTATION

Group Manager (Transportation Planning) - No objection.

Head Of Public Protection - No adverse comments.

Extent of advertisement: The occupiers of the adjoining community hall and the nearest dwelling were notified by letter and a site notice was displayed.

Response: Three letters (two from the same resident of Woodfield Street).

Summary of observations:

This part of the depot was given by the residents for the parking of employees' vehicles. An appeal decision relating to this part of the depot required that it be used for employee parking only. If part of the employee parking area is removed, employee vehicles will be parked in the street. There is already a portacabin within the depot premises.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

Cont’d… Application No. 06/0368/FULL Continued

ANALYSIS

Policies: The proposed portacabin would provide office space and toilet facilities. There are currently no toilet facilities at the premises and the siting of the portacabin at the north-western end of the site, adjoining the entrance and at the opposite end of the site from the garage building, is apparently governed by the need to connect to the foul sewer. In visual terms the portacabin would be in a prominent position adjoining the SEW and its junction at the northern end of Woodfieldside, the depot being enclosed by open pallisade fencing. However, the site is generally occupied by a number of coaches and minibuses and in this context it is not considered that the proposed portacabin would not be unduly intrusive. In visual terms, therefore, the proposal is considered to be acceptable subject to the portacabin being finished in a dark colour.

Comments from Consultees: No adverse comments have been received from consultees.

Comments from public: The objections relate in the main to the need for the site of the proposed portacabin to be retained for employee parking. Reference is made to an appeal decision in 1981 relating to the use of a small area of land, including the site of the proposed portcabin, as a parking area related to the depot. The permission granted on appeal was subject to a condition that the land be used only for the parking of employees' vehicles unless such provision is made elsewhere within the depot. However, part of the rationale for this decision was the view that no more land should be used for the parking of service vehicles. The siting of a portcabin on part of this area of land would not seem, therefore, to be totally at odds with the appeal decision. Further, there has been no objection from the Group Manager (Transportation Planning) on such grounds, and it is likely in any event that a significant proportion of employee vehicles would belong to drivers who would be parked at the depot while their respective service vehicles are off site.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) The portacabin hereby permitted shall be removed from the site and the land restored to its former condition on or before 31 December 2008 in accordance with a scheme of work to be submitted to and approved in writing by the Local Planning Authority. REASON: In the interests of visual amenity.

03) This permission relates to the amended site plan and block layout drawing Ref. MJA/KP/1006/01 received on 18 October 2006. REASON: For the avoidance of doubt as to the approved scheme.

04) The portacabin shall be painted in a colour to be agreed in writing with the Local Planning Authority within one month of being placed on the site. REASON: In the interests of visual amenity.

Advisory Note(s)

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: policy DC1.

______

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0373/OUT Western Counties & South Demolish existing timber 01.09.2006 Wales Evangelisation Trust structure and construct one pair C/O 180 Cardiff Road of semi-detached houses at Llandaff Cardiff Bethesda Gospel Hall CF5 2AD 77/79 Bedwellty Road Cefn Fforest Blackwood NP12 3HB

APPLICATION TYPE: Outline Application

SITE AND DEVELOPMENT

Location: Bethesda Gospel Hall site at 77/79 Bedwellty Road, Cefn Fforest, Blackwood.

Site description: The site is located within a predominantly residential area and within the settlement limits of Blackwood. Residential dwellings are located both sides and opposite the site. The rear boundary abuts the rear gardens of residential properties along Penybryn Terrace.

Development: Outline planning consent is sought in respect of a pair of semi-detached houses to include the demolition of the existing gospel hall, with all other matters in respect of siting, design, external appearance, means of access and landscaping reserved for future consideration.

Dimensions: The plot has maximum dimensions of 19m x 39m.

PLANNING HISTORY

No previous planning history.

POLICY

Site Allocation

Development Plan: Policy H5 of the Adopted Islwyn Local Plan - settlement limits.

Council Approved UDP: Policy DC2 - within settlement limits.

Cont… Application No. 06/0373/OUT Continued.

Policies

Development Plan: Standard development control criteria contained in Policies D1 - D8 of the Adopted Islwyn Local Plan.

Council Approved UDP:

Policy CF2, Protection of existing community facilities, which states:-

“Development which results in the loss of an existing community facility will only be permitted where:-

A A suitable alternative location is available and the facility is provided by the developer; or B A replacement facility can be incorporated into the new development; or C It can be demonstrated that the facility is surplus to requirements.”

Policy H2 states: -

“Proposals for housing development on windfall sites within settlement boundaries will be permitted provided that:-

A Neighbouring land uses will not detract from residential amenity of the development; and B The development would not result in insensitive or inappropriate infilling which would spoil the character of an existing residential area.”

The application has been assessed against general development control criteria in Policy DC1 together with associated supplementary planning guidance contained in Design Guide 1 - Building Better Places to Live.

National guidance contained in Planning Guidance (Wales) Planning Policy (par.81) indicates that Local Planning Authorities should take account of the scope and potential for the redevelopment of land within urban areas for housing development which can assist in the regeneration of those areas for housing development and can make an overall contribution to the provision of land for housing.

Cont… Application No. 06/0373/OUT Continued.

National guidance (par 2.9.9) also encourages good design to be the aim of all those involved in the development process. The guidance states:-

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EAI required? Not applicable.

CONSULTATION

Glam/Gwent Archaeological Trust - Confirms that there are no records of any buried archaeological material in the application area and therefore do not object to the demolition of the building on archaeological grounds. However, the demolition of an important local building should not occur without detailed recording of the existing structure. It requests a condition be attached to any consent accordingly.

Dwr Cymru - Confirms that the site is crossed by a public sewer. Also, that both foul water and surface water discharges must be drained separately from the site. It provides advice to be conveyed to the developer in respect of the same.

Group Manager (Transportation Planning) - Has no objection to the development subject to conditions in respect of access arrangement. He also provides an advisory note that parking for the proposed development shall be provided in accordance with the Car Parking Standards.

Head Of Public Protection - Requests a standard condition be attached to any consent in respect of the importation of soils or materials.

Senior Engineer (Land Drainage) - Provides comments to be conveyed to the developer in respect of foul water and surface water discharge.

Extent of advertisement: The application was advertised on site and neighbouring properties were consulted.

Cont… Application No. 06/0373/OUT Continued.

Response: None.

Summary of observations: Not applicable.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area?

There are no crime and disorder implications arising from this application.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

The development has been considered with regard to current local plan policies and national planning guidance. The policies of particular relevance to this application are Policies DC1, DC2, and H2 of the Council Approved Unitary Development Plan.

In this respect it is considered that the main issues are in terms of the loss of the building as a community facility, the effect of the proposed use upon highway safety and its compatibility with neighbouring land uses.

In terms of the loss of the community facility the applicant has confirmed that the place of worship has closed as a result of diminishing congregation members and for the past four years was only attended by three elderly ladies. These members are now able to attend chapels of the same denomination at Bargoed and Hengoed. The applicant has also stated that the building has become unsafe. The Glamorgan Gwent Archaeological Trust confirms that the Bethesda Gospel Hall is a post medieval chapel built in the later vernacular style of wood and whilst the building is not protected a condition should be attached to any consent requiring that a full record of the building should be made prior to the commencement of work so that the cultural history of Cefn Fforest is preserved at least "by record".

Cont… Application No. 06/0373/OUT Continued.

In terms of highway safety, given the existing use of the building as a place of worship the proposed change of use would not result in any significant additional traffic flow or adverse effect upon the amenity of neighbouring properties or the surrounding area by the proposed use. Group Manager (Transportation Planning) has raised no objection to the development subject to conditions being attached to any consent addressing the concerns raised above.

Criterion B of Policy DC1 requires development to be compatible in land use terms with other land uses in the vicinity. Residential development on this site would reflect the land uses in the general locality and would be compatible with the existing uses in the area. Criterion E of DC1 requires development to be well designed in terms of setting, scale, density, layout, materials and landscaping. In this respect the applicant has confirmed that such matters are reserved for future consideration and are not included in this outline application.

The development of this site adheres to Policy DC2 in that it promotes the full and effective use of urban land and serves to concentrate new development within the existing settlement of Cefn Fforest.

The concerns of the Head of Public Protection referred to above may be addressed by attaching an appropriate condition to any consent.

It is considered that the development does not conflict with local plan policies and is therefore acceptable in planning terms.

RECOMMENDATION that Permission be GRANTED

01) Approval of the details of the siting, design and external appearance of the building(s), the means of access thereto and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before development is commenced and shall be carried out as approved. REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990. Cont… Application No. 06/0373/OUT Continued.

02) Plans and particulars of the reserved matters referred to in Condition 01) above, relating to the siting, design and external appearance of any buildings to be erected, the means of access to the site and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

03) Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

04) The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

05) The precise location and form of access to the site shall be reserved for the subsequent approval of the Local Planning Authority. REASON: In the interest of highway safety.

06) The proposed means of access shall be laid-out, constructed and maintained thereafter, with vision splays of 2.4m x site frontage. No obstruction or planting when mature exceeding 0.9 metres in height above the adjacent carriageway shall be placed or allowed to grow in the required vision splay areas. REASON: In the interests of highway safety.

Cont… Application No. 06/0373/OUT Continued.

08) No site works shall be undertaken until the implementation of an appropriate programme of building recording and analysis has been agreed with the Local Planning Authority, to be carried out by a specialist acceptable to the Local Planning Authority and in accordance with an agreed written brief and specification. REASON: As the building is of significance the specified records are necessary to mitigate the impact of the proposed development.

Advisory Note(s)

The development plans relevant to this application are the Mid Glamorgan Structure Plan, the Adopted Islwyn Local Plan and the Council Approved Unitary Development Plan. Policy DC1 of the latter plan is relevant to conditions attached to this consent.

The applicant is advised of the comments of Dwr Cymru, Head of Public Protection, Group Manager (Transportation Planning), Corporate Land Drainage Officer and the Glamorgan Gwent Archaeological Trust Ltd.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0383/RM The Church Of Latter Day Saints Erect meeting house and place 14.09.2006 751 Warwick Road of worship on Solihull Land At Welland Buildings B91 3DQ Abertridwr Road Penyrheol

APPLICATION TYPE: Approval of Reserved Matters

SITE AND DEVELOPMENT

Location: The application plot is part of a former industrial site that lies adjacent to Abertridwr Road approximately 300 metres to the north-west of the Bowls roundabout.

Site description: The plot has been cleared of buildings and planning permission has been granted in outline for the erection of a church meetinghouse.

Development: This is a reserved matters application for the approved meetinghouse. The submitted details show a chapel with associated functional rooms and facilities. Access is directly onto the Abertridwr Road, which is the classified B4263. The site layout includes parking spaces set to the side and rear of the building.

Dimensions: The plot measures approximately 0.49 hectare. The building is single storey except for a small bell tower with steeple of 14 metres in height. The footprint of the building comprises of two rectangular parts joined by connecting rooms and a foyer. One part of the building is a chapel with up to approximately 270 seats, the other part is made up of a mixture of functional and administrative rooms.

Materials: The roof is in slate coloured tile, the walls are part rendered with a feature banding, part facing brick and a contrasting brick plinth.

Ancillary development: The proposed parking provision shows 53 spaces to be provided.

Additional information: The application is accompanied by: a design statement and a site investigation report that includes details of drainage, contamination and shallow mine workings.

Cont………. Application No. 06/0383/RM Continued.

PLANNING HISTORY

P/03/0277 - Retain change of use for use as a sandwich production unit - Granted 24.04.03.

P/03/1177 - Construct church meeting house - Granted 04.12.03.

P/01/0810 - Use land as storage facility for building maintenance consisting of two skips and four steel storage containers - Withdrawn 17.10.01.

5/5/89/0931 - Erect extension to existing storage building - Granted 01.03.90.

5/5/90/0383 - Change the use of workshop/garage to general industrial and welding use skips and four steel storage containers - Refused 06.09.91.

5/5/91/0079 - Change use to B1/light industrial use - Withdrawn 22.01.96.

5/5/90/0205 - Use site as housing repairs depot including access alterations - Granted 07.06.90.

POLICY

Site Allocation

Development Plan: There are no relevant allocations in the Mid Glamorgan Structure Plan.

Council Approved UDP: Residential within settlement.

Policies

Development Plan: There are no policies of direct relevance in the Mid Glamorgan Structure Plan.

Council Approved UDP: Policy DC1 (Standard Development Control Criteria).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? - No.

Was an EIA required? Not applicable.

Cont………. Application No. 06/0383/RM Continued.

CONSULTATION

Group Manager (Transportation Planning) - No objection subject to conditions requiring entrance radii, vision splays, completion of the parking area and the control of surface water drainage.

Head Of Public Protection - It is noted from the contamination report received that some of the information provided needs expanding and a remedial strategy has not been provided. It is also considered that further investigation and sampling is required. With regard to the possibility of bell ringing a scheme of the duration and frequency is requested.

Senior Engineer (Land Drainage) - No objections.

Dwr Cymru - It is explained that surface water will not be allowed to drain to the public sewer.

Senior Engineer (Consultancy Manager) - The conclusions of the ground investigation are accepted and further advice is given.

Extent of advertisement: The application has been advertised on site and neighbouring properties have been consulted.

Response: No response has been received.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? It is considered that the proposed development will not affect crime and disorder in the area. As the site is currently vacant, although well secured it could become the target of fly tipping and other problems; its re-use should remove the potential for such abuse.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? - No.

Cont………. Application No. 06/0383/RM Continued.

ANALYSIS

Policies: Outline planning permission for the proposed meetinghouse has been granted, the principle of the use is established, and therefore this application is concerned primarily with the design of the building and the layout of the site. Policy DC1 requires that development should be well designed in terms of its setting, scale, layout and materials. The proposed meetinghouse apart from the steeple is generally a low building of 6.5 metres in height. It is set back from the highway and well separated from other buildings. Its setting and scale are therefore considered to relate well to its surroundings. Whilst the design has a modern style it still presents a conventional elevation with church like appearance to the main road, i.e. a gabled end with steeple and lower ridged roof section to one side. Two metre high steel railings with traditional spear shaped finials are to be erected along the road frontage; this enclosure is also in a typical church style. An indicative scheme of landscaping shows a lawn to the front of the building and some specimen planting within the grounds. Further details of the landscaping should be required by condition to confirm the exact details of planting. Subject to the mentioned condition the proposed development is considered to be well designed in accordance with Policy DC1.

DC1 also requires adequate parking provision and operational space to serve the proposed development. The submitted details show 53 parking spaces laid out along a drive that runs to the rear of the site and around the back of the building. A condition should be imposed to ensure the completion of the parking spaces in permanent materials.

Comments from Consultees: Head Of Public Protection points out that information provided in the contamination report needs expanding and a remedial strategy has not been provided. It is also considered that further investigation and sampling is required. Thus the details received are not sufficient and a condition should therefore be imposed requiring further information.

With regard to the possibility of bell ringing, a scheme of the duration and frequency is requested, however it is noted that the bell tower is barely large enough to contain any bells and the applicant's denomination is not given to such call to prayer; however it must be recognised that the denomination could change and there are other means of calling to prayer than conventional bells, i.e. recorded bell sound. A condition should therefore be imposed to cover those possibilities.

Cont………. Application No. 06/0383/RM Continued.

Group Manager (Transportation Planning) raises no objection subject to conditions requiring entrance radii, vision splays, completion of the parking area and the control of surface water drainage.

Dwr Cymru explains that surface water will not be allowed to drain to the public sewer and the application details state that soakaways will be used. These are matters for Dwr Cymru and the Building Regulations.

Comments from public: None.

Other material considerations: The outline permission imposed a condition requiring an investigation regarding the stability of the site and the design of the foundations of the building. The report submitted includes the result of borehole testing which concludes that there are no workings at depths that would affect the building. The report has been inspected by the Council's Senior Engineer (Consultancy Manager) who concurs with its findings. He also offers advice regarding any future works on site.

The site is relatively level and details appear to show the building built at existing ground level, it is however considered prudent that a condition be imposed requiring agreement of the levels to retain adequate control.

During the determination of this application revised details have been provided amending the site layout and further information regarding the means of enclosure. A condition should be imposed to identify the plans that are approved.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

01) Where there is to be any ringing of bells or other public announcement that is intended to be heard beyond the boundaries of the site, prior to commencement the details of the frequency and duration of such call to prayer or service shall be submitted to and agreed in writing with the Local Planning Authority and thereafter all such calls to prayer shall be in accordance with the agreed details. REASON: In the interest of residential amenity.

02) Prior to the commencement of the development hereby approved and notwithstanding the contamination report submitted, further details of contamination investigation and remediation of the site shall be submitted to and agreed in writing with the Local Planning Authority. The development shall be completed in accordance with the agreed details. REASON: The site investigation details received do not provided sufficient information to ensure adequate remediation. Cont………. Application No. 06.0383/RM Continued.

03) The construction of the meeting house foundations shall not begin until details showing the finished floor levels of the building hereby approved in relation to a fixed datum point off site have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details. REASON: In the interests of the visual amenity of the area.

04) The development shall not be occupied until the area indicated for the parking of vehicles has been laid out in accordance with the submitted plans, in materials which shall first be agreed in writing by the Local Planning Authority, and that area shall not thereafter be used for any purpose other than the parking of vehicles. REASON: In the interests of highway safety.

05) The development hereby permitted shall be carried out only in accordance with the following plans: Drawing Nos 111 and 004 rev1 received on 15/11/06 also the elevational details received on 04/09/06 Drawing No. 005 (or any plans or details subsequently agreed in writing by the Local Planning Authority as an amendment to the approved plans). REASON: To ensure that the development is carried out only as approved by the Local Planning Authority.

06) Prior to the commencement of the development a scheme depicting hard and soft landscaping shall be submitted to and agreed in writing by the Local Planning Authority. The agreed details shall be carried out in the first planting and / or seeding season following the occupation of the development. Any trees or plants which within a period of five years from the completion of the development die or are removed, or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning authority gives written consent to any variation. REASON: In the interests of the visual amenity of the area.

07) The vehicular access hereby approved shall be completed in permanent materials that shall have been agreed in writing with the Local Planning Authority prior to the first occupation of the building hereby approved. REASON: In the interests of highway safety.

Cont………. Application No. 06/0383/RM Continued.

08) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that Order with or without modification) no obstruction or planting when mature exceeding 0.9 metres in height above the adjacent carriageway shall be placed or allowed to grow in the required vision splay areas of 3 metres x 90 metres when measured at the centre of the proposed access. REASON: In the interests of highway safety.

09) The access to the application site from the vehicular highway shall be laid out with 4 metre radius kerbing on both sides of the entrance. REASON: In the interests of highway safety.

Advisory Note(s)

The applicant be advised of the observations of the Design and Construction Manager and that the site investigation report submitted is accepted in accordance with the requirements of Condition 7 of the outline permission reference P/03/1177.

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: policy DC1.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0399/COU Mr D G Jones Change the use of building to 12.09.2006 Units H1 & H2 Britannia Centre gymnasium at Pengam Road Units J & K Bowen Industrial Pengam Estate Blackwood Aberbargoed NP12 3SP Bargoed CF81 9EP

APPLICATION TYPE: Change of Use

SITE AND DEVELOPMENT

Location: Units J and K Bowen Industrial Estate, Pengam Road, Aberbargoed.

Site description: The units are situated on the Bowen Industrial Estate to the south of the access road leading off the A4049.

Development: Change of use of units to be used as a gymnasium. The use includes sauna facilities, tanning booths, and a health shop. A coffee shop is also located at first floor level on a mezzanine floor which also serves as a spectator area overlooking the gym facilities. The internal refurbishment of the units has been substantially completed.

The applicant has subsequently submitted a letter in support of the application confirming that he has been a sole trader in Planet Fitness for over 8 years at the Britannia Centre for Enterprise and felt that the business needed to be expanded. He provides the following reasons why the change of use is appropriate:

• the buildings have been vacant for over two years; • the 'new look' Planet Fitness will provide the area with a facility that is state of the art and incorporates all aspects of health, fitness, exercise, advice and support to enable individuals and groups to reach their goals and maintain motivation by leading a healthy lifestyle; • five businesses on the estate have approached him enquiring about corporate membership for their employees; • six people will be employed; • work placement will be provided for college students; • will provide a much needed facility for the young

He refers to similar health fitness uses on other industrial estates in the borough.

Cont… Application No. 06/0399/COU Continued.

Ancillary development, e.g. parking: Parking provision allocated to the units is located at the front of the buildings.

PLANNING HISTORY

No recent planning history.

POLICY

Site Allocation

Development Plan: Adopted Mid Rhymney Valley Local Plan - within settlement limits.

Council Approved UDP: Policy DC2 – settlement limits, and Policy E2 (5) –Bowen Aberbargoed Industrial Estate.

Policies

Development Plan: Standard development control criteria contained in policy EV4.

Council Approved UDP:

Policy E2 – Protection of Existing Industrial Estates.

“The expansion, conversion or redevelopment of premises for uses falling within classes B1, B2 and B8 of the Town and Country Planning (Use Classes) Order 1987 (as amended) will be permitted on the following existing industrial sites:-

5 Bowen, Aberbargoed.

Policy E3 – Protection of Existing and New Industrial Estates.

“On existing and new employment sites identified in Policies E1 and E2, development of uses that are not contained in Classess B1, B2 and B8 of the Town and Country Planning (Use Classes) Order 1987 (as amended) will not be permitted unless:-

A There is demonstrable evidence that a site is in general terms no longer needed for any of the specified use classes and is unlikely to be developed for such purposes and that in respect of the alternative development proposed there is a proven need for such development and/or it would provide a demonstrable local benefit; or

Cont… Application No. 06/0399/COU Continued.

B The proposal is for a small-scale use ancillary to the industrial estate and/or serving the needs of those employed there.”

Policy CF1 – Development of New Community Facilities.

“The development or improvement of community facilities will be permitted within settlements if:-

A They are appropriately located in relation to the residential area they are identified to serve; B Adequate vehicular and pedestrian access is provided including access for disabled persons; and C They are appropriately located where there is good access to public transport.”

Standard development control criteria contained in policy DC1 are relevant.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - has no objection to the development subject to the existing forecourt area being marked out in respect of parking provision.

Head Of Public Protection - has no objection.

Extent of advertisement: A neighbour consultation exercise has been undertaken.

Response: None.

SECTION 17 CRIME AND DISORDER ACT

Cont… Application No. 06/0399/COU Continued.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

The main issues to be considered in respect of this application are the compatibility of the proposed use with other land-uses in the vicinity, the appropriateness of the use in this area, and highway safety.

The northern and southern ends of the County Borough are well served by existing industrial estates, with little new land available for development. However, many of these estates were built some time ago and do not appeal to the modern market. The changing requirements of modern industry have tended to discourage the use of older buildings, which have subsequently fallen into a state of disrepair or have become under- utilised and eventually vacant.

The Council considers that it is necessary to restore vacant land and buildings to industrial and business use where possible, both to take advantage of existing on-site infrastructure investment and because they are often better located in relation to community services than land on the periphery of settlements. Redevelopment of such sites also has the advantage of contributing to the general improvement of the environment, by removing potential eyesores and reducing the pressure for the development of greenfield sites.

Notwithstanding the above, it is recognised within the justification put forward in respect of Policy E3 referred to above, that some small scale ancillary land uses may be considered suitable for location on an industrial estate. Specifically these would be those land uses that complement an employment activity and address the wider needs of those employed on the industrial estates; (e.g a cafe, a small gym facility, a training facility, a day nursery, among other things.) In support of the application and in order to address the conflict with Policy in terms of the proposed use, confirmation has been received with regards to the marketing of the vacant premises. A marketing brochure was produced in 2005 which was distributed to South Wales industrial agents, companies on the DTZ applicant database together with around 300 occupiers within the Caerphilly area. Details were also included on DTZ's property website, the Welsh Development Agency, and on the property register at Caerphilly County Borough Council. A marketing board was placed at the entrance to the site and adverts were placed in the business section of the Western Mail and the Caerphilly Campaign. Initial interest in the units was limited and negotiations to secure the units commenced at that time with this Council, finally collapsed towards the end of 2005.

Cont… Application No. 06/0399/COU Continued.

In February 2006 the marketing brochure was reprinted and a marketing programme similar to the aforementioned was undertaken. Initially this generated a number of enquiries with the most significant being Planet Fitness, (a D2 use in the Use Classes Order) and the subject of this application. In light of the extensive marketing scheme undertaken, it would seem reasonable to conclude that B1, B2 or B8 uses were not attracted to the premises and that in order to prevent these buildings falling into a state of disrepair and in order that they contribute to the vitality of the industrial estate that the proposed D2 gymnasium use is acceptable. In this context just as with any development proposal, every proposal would have to satisfy standard development control criteria contained in Policy DC1.

It is considered that the proposed use will utilise currently vacant industrial buildings and will be compatible with the surrounding land uses. However, it is considered appropriate to attach a condition to any consent confirming that the cafe and shop use shall be ancillary to the use of the premises as a gymnasium. Also, that the cafe shall be restricted not to include the sale of hot food on or off the premises.

In terms of Policy CF1, it is considered that the development meets the criteria contained therein. It is appropriately located within settlement limits and close to the surrounding residential areas. It is within easy walking distance from nearby residential properties and there is a bus stop immediately outside the estate providing good access to public transport.

In terms of highway safety the Group Manager (Transportation Planning) has raised no objection to the development subject to the conditions referred to above.

It is considered that the proposal does not conflict with local plan polices and is therefore acceptable in planning terms.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

01) Notwithstanding the submitted plans, prior to the commencement of the use hereby approved, the existing forecourt area shall be marked in permanent materials in a manner to be agreed with the Local Planning Authority to provide parking for the proposed use. The area shall thereafter be maintained free of obstruction for the parking of motor vehicles only. REASON: In the interest of highway safety.

Cont… Application No. 06/0399/COU Continued.

02) The premises shall be used as a gymnasium and for no other purpose (including any other purpose in Class D2 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any other provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification.) REASON: In order to retain effective control over the uses of the premises.

03) Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987, (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification) the cafe use approved under this permission shall be restricted to the area indicated on the approved plans and shall be ancillary to the approved use of the premises as a gymnasium and for no other commercial use whatsoever and shall be restricted to the sale of only hot and cold drinks and cold food. REASON: In order to retain effective control over the use of the premises.

04) Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification) the shop use approved as part of this approval, shall be restricted to the area indicated on the approved plans and shall be ancillary to the approved use of the premises as a gymnasium and for no other commercial use whatsoever and shall be restricted to the sale of goods, equipment and products associated with the approved use. REASON: In order to retain effective control over the use of the premises.

Advisory Note(s)

The development plan for this area consists of the Mid Glamorgan Structure Plan, the Adopted Mid Rhymney Valley Local Plan and the Council Approved Unitary Development Plan. Policy DC1 of the UDP is relevant to the conditions attached to this consent.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0404/COU Miss J Lee Change use from A2 16.10.2006 17 Bevan Rise delicatessen to A3 pizza Bedwas takeaway at Caerphilly 5 Clive Street CF83 8GQ Caerphilly CF83 1GE

APPLICATION TYPE: Change of Use

SITE AND DEVELOPMENT

Location: The application building is located in Clive Street to the south of Caerphilly town centre.

Site description: The building is a retail unit within the retail boundary. It is currently used as delicatessen.

Development: The proposed change of use is from A1 (delicatessen) to A3 (hot food retail).

Dimensions: The ground floor of the premises.

Ancillary development: The submitted details indicate the insertion of ventilation equipment to the cooking area.

PLANNING HISTORY

5/5/89/0634 - Convert to a ground floor shop unit with offices over - Granted 18.10.89.

POLICY

Site Allocation

Development Plan: There are no allocations of direct relevance in the Mid Glamorgan Structure Plan.

Council Approved UDP: Land within the settlement boundary and within the retail boundary.

Cont……….. Application No. 06/0404/COU Continued.

Policies

Development Plan: Mid Glamorgan Structure Plan. There are no policies of direct relevance to the proposed development.

Council Approved UDP: Policies R12 (Hot food and drink retailing) and R9 (Changes of use to non retail) and DC1 (development criteria).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? - No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - No objection.

Head Of Public Protection - No objection.

Caerphilly Town Council - Raises no objection to the proposal.

Extent of advertisement: Neighbouring properties have been consulted.

Response: No response has been received.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? Concern has been raised in the past by the Police about anti-social behaviour associated with hot food takeaways. However, it would be unreasonable to refuse permission on that ground in a town centre location. Limiting hours of operation would mitigate other potential problems.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? - No.

Cont……….. Application No. 06/0404/COU Continued.

ANALYSIS

Policies: Policy R9 explains that non-A1 use on the ground floors of premises within retail centres (outside any primary retail areas) will only be allowed where they do not create a frontage of three or more non-A1 uses. The application premises have A1 uses on either side, thus the proposed use does not conflict with policy R9.

Policy R12 requires that where A3 hot food uses are approved they should be restricted to appropriate hours of opening and they should not result in unacceptable smell nuisance. With regard to hours of operation it is suggested they should be restricted to midnight where the premises are within a town centre where there are few residential properties nearby. The application site is however only one door away from the start of a residential area. The hours should therefore be restricted to 22.00 hrs on Sundays and 23.00 hrs on other days. With regard to smell the application details indicate that it is intended that ventilation equipment should be installed. A condition should therefore be imposed to require the submission and agreement of the details of the equipment to ensure that it is adequate.

Comments from Consultees: Group Manager (Transportation Planning) and the Head Of Public Protection raise no objection.

Comments from public: None.

Other material considerations: The application details explain that this proposal arises from a relocation of premises from the opposite side of the road. Whilst it is noted that the existing A3 use will move from one side of the road to the other, this is not a material planning consideration, particularly as this application does not seek to extinguish the existing use.

This application relates to the ground floor of the premises only (the first floor has an approved office use). A condition should be imposed to emphasise the extent of the permission for the avoidance of doubt.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

Cont………. Application No. 06/0404/COU Continued.

02) The use hereby permitted shall not be open to customers outside the following times: (a) 07.00 hours to 23.00 hours Monday to Saturday, and (b) 07.00 hours to 22.00 hours Sunday. REASON: In the interests of residential amenity.

03) The development hereby permitted shall not commence until a scheme of odour/effluvia/fume control, including the erection of any associated stacks or vents, has been submitted to and approved in writing by the Local Planning Authority and thereafter the development shall be carried out and operated in accordance with the approved scheme. REASON: In the interests of the amenity of the area.

04) The use hereby approved relates to the ground floor of the premises only. REASON: For the avoidance of doubt as to the extent of this consent.

Advisory Note(s)

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: policies DC1 and R12.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0405/COU Hughes Forrest Limited Change use of premises to 21.09.2006 Bolt Street builders merchant Newport Unit 3 Newbridge Road NP20 2UP Industrial Estate Pontllanfraith Blackwood NP12 2YD

APPLICATION TYPE: Change of Use

SITE AND DEVELOPMENT

Location: The application site is on a designated industrial site forming part of the Newbridge Road Industrial Estate, in which there are B1, B2, and B8 uses. It lies alongside the Sirhowy Enterprise Way, which is at an elevated site, and the application site is accessed from under the by pass.

Site description: The site consists of large industrial premises, which are currently empty. Part of the building is of brick construction, whilst the remainder is of steel finish.

Development: The application seeks a change of use to builders' merchant, which is a sui generis use.

Dimensions: The total floor space is 2215 sq metres, of which 1965 sq metres will be allocated for warehousing. Office space would occupy 250 sq metres.

Materials: No change.

Ancillary development, e.g. parking: Staff car parking is indicated at the east of the building, with sixteen visitor car parking spaces at the northern side of the building. Lorry turning is at the western boundary of the site. An area of outside storage is also indicated in this area.

PLANNING HISTORY

P/03/1459 - Erect factory extension and erect workshop/storage units with new vehicular access - Refused 15.01.04

Cont’d… Application No. 06/0405/COU Continued

POLICY

Site Allocation

Development Plan: The site is allocated for B1, B2 and B8 uses by Proposal EP1 of the Adopted Islwyn Local Plan.

Council Approved UDP: The site is a protected industrial site within the Council Approved Unitary Development Plan.

Policies

Development Plan: Policy E3 of the Adopted Islwyn Local Plan states that within the existing main employment areas applications for development for employment purposes will normally be favourably considered, subject to detailed planning consideration.

Policy E5 states:

"The development of derelict, underused and vacant land and the conversion of suitable buildings for appropriate employment use will normally be permitted where:-

(i) It is compatible with adjoining land and surrounding land uses, (ii) It is environmentally acceptable, (iii) Satisfactory access, parking, loading/unloading facilities can be available."

Council Approved UDP: E2 (Protection of Existing Industrial Premises) and E3 (Protection of Existing and New Industrial Estates) which states:

"On existing and new employment sites identified in policies E1 and E2, development of uses that are not contained in classes B1, B2 and B8 of the Town and Country Planning (Use Classes) Order 1987 (as amended) will not be permitted unless:

(A) There is demonstrable evidence that a site is in general terms no longer needed for any of the specified use classes and is unlikely to be developed for such purposes and that in respect of the alternative development proposed there is a proven need for such development and/ or it would provide a demonstrable local benefit; or (B) The proposal is for a small-scale use ancillary to the industrial estate and/or serving the needs of those employed there."

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable. Cont’d… Application No. 06/0405/COU Continued

CONSULTATION

Group Manager (Transportation Planning) - has no objections subject to conditions concerning the provision of parking.

Head Of Public Protection - No objection.

Extent of advertisement: A site notice was displayed and neighbours consulted.

Response: One letter of representation has been received from a neighbouring industrialist.

Summary of observations:

Negative impact on the industrial character of the estate and the amenity of adjoining units. Negative impact on the business image of neighbouring companies. The projected traffic generation figures are large enough to warrant Traffic Impact Assessment being carried out to enable a proper assessment of the proposal. Dust that is likely to be generated by a builders' merchant operation could affect the operation of the neighbouring medical products manufacturing.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies: The application site is on a protected employment site, within which there is a presumption in favour of B1, B2 and B8 uses. Builders' merchants are a use, that does not fall within a use class as defined by the Town and Country Planning (Use Classes) Order, and is a sui generis use. The explanatory section of policy E3 recognises that small-scale ancillary land uses may be considered suitable for locations on an industrial estate, and that there are certain sui generis uses such as freight contractor's yard, a vehicle depot, or taxi control office which could also be considered appropriate within an industrial estate. Cont’d… Application No. 06/0405/COU Continued

Comments from Consultees: Group Manager (Transportation Planning) is satisfied with the access, parking and servicing arrangements.

Comments from public: An objection has been received from the occupiers of industrial premises adjoining this site, on the following grounds:

1. The proposed change of use to a builders' merchant would have a significant impact on the character of the industrial estate, and compromise the amenity of the surrounding units. 2. The siting of a builders' merchant business next to the Frontier Medical Products may have a significant impact by noise disturbance, visual appearance, and the overall image such a use portrays. 3. Traffic impact. The writer feels the vehicle movements specified in the application and their impact cannot be properly assessed without a traffic impact study. 4. Problem of potential dust, as the adjoining business requires a dust free environment. Locating a builders' merchant directly adjoining a facility producing medical products is unacceptable, and such 'incompatible uses' would be contrary to policy DC1 of the UDP. 5. If planning permission should be granted there should be no outside storage, as this would be a potential noise issue and would also have an adverse impact upon the visual amenity of the industrial estate.

The objections made above are noted. It should be noted that as the existing use of the building is for a B2 use, a noisy or dusty general industrial use could well be located at the site, without the need for planning permission. Such matters may however be controlled under other legislation.

The applicant has forwarded additional details indicating the areas of outside storage. This would be away from the objector's premises. It would not be reasonable to expect a builders’ merchant not to have any outside storage, as the very nature of the business requires the storage of bulky goods such as bricks, which are normally stored outside.

The visual impact of this can be controlled to some extent through an appropriate condition.

Regarding objection on traffic grounds, the applicant has indicated that there would be approximately six deliveries a day, 80 anticipated customer trips and around 24 deliveries made by the company's own vehicle. Group Manager (Transportation Planning) does not raise objection to these details and has not sought a traffic impact study.

It is not accepted that the proposed development is contrary to Policy DC1 of the UDP although the use appears incompatible to the objector, as such a use is considered acceptable to an industrial site.

Cont’d… Application No. 06/0405/COU Continued

Other material considerations: The application site is an old building complex, comprising of a large industrial building and a flat roof building to the front, which formed the office of the former industrial use. This faces the access road. The site itself is not visible from the newly constructed by pass, as it is substantially lower than that road. The site can only be seen on approach to this far end of the industrial estate; wherein Frontier Medical Products and a retail store are located. Details of outside storage have been received, which indicate this to be located at the western boundary of the site. This would not be readily visible from the approach road of the estate, nor have a significant impact upon the neighbouring uses, or their outlook.

The site has been empty for approximately two years, having previously been occupied by a furniture manufacturer. The applicant, who is currently located in Pontllanfraith, wishes to expand the business within the Blackwood area, and has sought for some considerable time to find appropriate premises within this area. The size of this site would enable him to keep his business within this locality and also enable him to expand. His main operation is in Newport.

Assessment of the appropriateness of siting such a use within an employment site has been assessed in the light of local plan policy. Other material considerations are the highway implications, and the objections made by the occupier of the adjacent premises, on the impact it would have on their operation.

On policy grounds, whilst the site is protected in the local plan for B1 B2 and B8 uses, it is considered that this sui generis use, which the policy addresses, is appropriate to an industrial estate because of the nature of the activity. There are examples of other similar uses on industrial sites throughout the Borough Council. There is no highway objection to the development, and the Group Manager (Transportation Planning) has not identified the need for a traffic impact study. The objections made by the adjoining occupier are noted, but cannot be sustained, bearing in mind that the site could be used for any B2 use, which is 'general industry' and includes a wide range of industrial activity. B8 storage uses would also be acceptable at this site in policy terms. The impact of these could be similar or greater than that of a builders' merchant.

There are no objections to the proposed development on the grounds addressed above and it is recommended that permission be granted.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

Cont’d… Application No. 06/0405/COU Continued

02) The development hereby approved relates to the details received by the Local Planning Authority on 22nd November 2006. REASON: For the avoidance of doubt as to the details hereby approved.

03) There shall be no outside storage of material or equipment other than in those areas indicated on Drawing No 22131/03 Rev B, dated October 2006. REASON: In the interest of visual amenity.

04) Before works commence on site a scheme for on-site refuse storage and collection of waste material awaiting disposal, including any details of open air storage facilities and its screening, shall be submitted to and agreed in writing by the Local Planning Authority. Such facilities shall be provided in accordance with the agreed details prior to the first occupation of the development and thereafter permanently retained unless otherwise agreed in writing by the Local Planning Authority. REASON: In the interests of public health and the amenity of the area.

05) Prior to the commencement of the development a scheme shall be submitted to and agreed in writing by the Local Planning Authority indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the use commences. The development shall be carried out in accordance with the approved details. REASON: In the interests of the visual amenities of the area.

06) Prior to the commencement of the development a scheme depicting hard and soft landscaping shall be submitted to and agreed in writing by the Local Planning Authority. The agreed details shall be carried out in the first planting and/or seeding season following the completion of the development. Any trees or plants which within a period of five years from the completion of the development die or are removed, or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning authority gives written consent to any variation. REASON: In the interests of the visual amenity of the area.

07) The development shall not be commenced until the area indicated for the parking of vehicles has been laid out in accordance with the submitted plans and that area shall not thereafter be used for any purpose other than the parking of vehicles. REASON: In the interests of highway safety.

Advisory Note(s)

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: Policy DC1. ______

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0406/RET Mr R Douglas Retain use of land for storage in 08.09.2006 Unit 30 Venture Wales association with Plumbing Bedwas House Industrial Estate Centre and retain enclosure on Bedwas Land At Venture Wales Caerphilly Caerphilly Enterprise Centre CF83 8DW Bedwas House Industrial Estate Bedwas Caerphilly

APPLICATION TYPE: Retain Development Already Carried Out

SITE AND DEVELOPMENT

Location: The application site is to the rear of an industrial unit on the Bedwas House Industrial Estate. It is at the boundary of the estate adjacent to allotment gardens, to the rear of Pandy Lane and access to it is from an existing set of starter industrial units.

Site description: The site has been vacant but more recently part of it is being used for storage associated with a nearby starter industrial unit. A screen/security fence has been erected along the boundary facing the starter units.

Development: This application seeks the retention of the use of the land for storage associated with the nearby starter unit.

Dimensions: The site is approximately 350 square metres in size.

PLANNING HISTORY

5/5/94/0051 - Construct 24 starter factory units and offices - Granted 11.03.94.

POLICY

Site Allocation

Development Plan: Adopted Caerphilly Basin Local Plan - The site is within an area identified for employment.

Council Approved UDP: The site is within an area identified for employment.

Cont………. Application No. 06/0406/RET Continued.

Policies

Development Plan: There are no policies of direct relevance to this application in the Adopted Caerphilly Basin Local Plan.

Council Approved UDP: Policy E4 (Redevelopment of older industrial sites), and Policy DC1 (development criteria).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? - No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - No objection subject to a condition requiring the completion of the access in permanent materials and any gates not opening out over the highway.

Head Of Public Protection - No objection subject to a condition restricting the use of the site to storage and limiting the hours of use.

Extent of advertisement: The application has been advertised on site and neighbouring properties have been consulted.

Response: No response has been received.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? – No.

Cont………. Application No. 06/0406/RET Continued.

ANALYSIS

Policies: The application site is within an area identified for employment. It has not been used until recently and currently only part of it is being used for storage. Policy E4 explains proposed employment development of under-utilized or vacant sites will be allowed provided the use is compatible with adjoining land uses. The application site is at the eastern boundary of the industrial site. The land immediately adjoining it is an allotment gardens; however, beyond there are dwellings, the nearest of which are within approximately 70 metres. Head of Public Protection has recommended a condition that is intended to ensure that residential amenity is adequately protected; the use is therefore considered to be in accordance with policy. The stated use of the land is storage ancillary to the adjacent premises which are currently a plumber's merchant. This application is determined upon the basis of that use only. For the avoidance of doubt and to retain effective control of the use of the site a condition should be imposed to ensure that the it is restricted to storage only, i.e. to ensure that it is not used for production or manufacturing processes that have not been properly considered.

Comments from Consultees: The site is not yet completed or in full use and the access to it is not made up in permanent materials. Group Manager (Transportation Planning) recommends a condition requiring the completion of the access in permanent materials. A condition ensuring that any gates do not open out over the highway is also recommended.

The Head of Public Protection raises no objection subject to a condition restricting the use of the site to storage and limiting the hours of use. This condition should ensure adequate protection of the residential amenity of nearby residential properties.

Comments from public: None.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

01) Within a period of three months of the date of this permission details of the construction of the access into the application site, constructed in permanent materials and including dropped kerbs, shall be submitted to and agreed in writing with the Local Planning Authority, and within a period of three months from the date of the agreement of the details the access shall be completed in accordance with the those details. REASON: In the interests of highway safety.

Cont………. Application No. 06/0406/RET Continued.

02) Any gates shall be located and fitted so as not to open over the highway. REASON: In the interests of highway safety.

03) No machinery shall be operated and no deliveries taken at or dispatched from the site outside the following times 0700hrs to 2100hrs Mondays to Fridays, 0800hrs to 1600hrs Saturday nor at any time on Sundays or public holidays. REASON: In the interests of residential amenity.

04) The land shall be used only for storage ancillary to adjacent employment premises and for no other purpose (including any other purpose in Class B8 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification) without the approval of the Local Planning Authority. REASON: To retain effective control of the development hereby approved.

Advisory Note(s)

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: policy DC1.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0419/OUT Mr S Wells Erect bungalow on 12.09.2006 Avondale Land Within Curtilage Of Rectory Road Avondale Bedwas 11 Rectory Road Caerphilly Bedwas CF83 8AX

APPLICATION TYPE: Outline Application

SITE AND DEVELOPMENT

Location: The application site is a plot within the curtilage of a building in Rectory Road, which is a residential street in Bedwas running along the southern side of St. Barrwg's Church graveyard. The last recorded planning use of the building and its curtilage is as a residential nursing home.

Development: This application is for the residential development of the plot. The application is in outline with all matters apart from means of access reserved; however, the description of the development is a bungalow and an illustrative layout demonstrates how such a building may be sited within the plot. The existing access to Avondale would be split to provide an access to the proposed bungalow.

Dimensions: The plot measures approximately 455 square metres in size. It is set to the western side of the existing building (the residential home). A plot of approximately 780 square metres is retained for the original building.

Materials: To be agreed at reserved matters.

PLANNING HISTORY

P/06/0385 - Erect bungalow - Refused 11.05.06.

P/99/0537 - Erect extension to residential home - Refused 30.11.99 - Appeal Dismissed 18.07.00.

P/02/1338 - Retain existing garden shed - Granted 07.01.03.

5/5/90/0176 - Remove restriction in 5/5/88/0523 to permit premises to be used as residents home for the elderly - Granted 11.04.90.

Cont… Application No. 06/0419/OUT Continued.

POLICY

Site Allocation

Development Plan: Adopted Caerphilly Basin Local Plan - Residential within settlement.

Council Approved UDP: Residential within settlement.

Policies

Development Plan: Adopted Caerphilly Basin Local Plan policy H4 (Infill development).

Council Approved UDP: H2 (Development on unallocated sites) and DC1 (Standard Development Control Criteria)

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? - No.

Was an EIA required? Not applicable.

CONSULTATION

Glam/Gwent Archaeological Trust - The close proximity of a medieval church is noted but no objection is raised as it is unlikely that there are any archaeological features within the application site. It is requested that the Trust be notified if any features are encountered.

Dwr Cymru - It is stated that surface water will not be allowed to drain to the public sewer.

Group Manager (Transportation Planning) - No objection is raised subject to conditions requiring the provision of a footpath across the site frontage, any gates not opening out over the highway, and the completion of the car parking driveway. A standard contribution to the improvement of the highway is also required.

Head Of Public Protection - Historical information indicates that the site was used as a graveyard thus if any remains are encountered details of exhumation should be agreed. A condition regarding the testing of imported soils is also required.

Cont… Application No. 06/0419/OUT Continued.

Extent of advertisement: The application has been advertised in the press, on site and neighbouring properties have been consulted.

Response: One letter of objection has been received.

Summary of observations:

It is suggested that the proposed dwelling will adversely affect the privacy of the neighbouring dwelling. The site will be overcrowded. The access to the highway and the road itself are inadequate.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? - No.

ANALYSIS

Policies: The application site is within the settlement and is unallocated, it is therefore a windfall site that should be considered with regard to Policy H2 of the Council Approved Unitary Development Plan (H4 of Adopted Caerphilly Basin Local Plan). The first requirement of H2 of the is that neighbouring land uses should not detract from proposed use; with regard to this point it should be noted that this is a revised application and the previous application was refused for a lack of information regarding the use of the nursing home. In particular it was not satisfactorily demonstrated that sufficient parking provision was retained for that use as a consequence of the proposed subdivision of the site.

Cont… Application No. 06/0419/OUT Continued.

The provision of adequate parking is also a requirement of Policy DC1. An application has now been made to change the use of the existing building to a single dwelling (P/06/0423). If approved the residential use will reduce the parking requirement of the building to a level that can easily be provided within the retained curtilage. The use as a single dwelling is also considered to be compatible with the proposed use in accordance with H2 and DC1.

The second requirement of H2 is that the proposal should not result in insensitive or inappropriate infilling. With regard to the character of the area it is considered that as the plot measures approximately 455 square metres in size this represents medium density development that is in keeping with the area. A plot of approximately 780 square metres is retained for the original building, which includes more than enough space for parking and the amenity of the occupants. It therefore considered that the proposal is in accordance with policy H2.

Comments from Consultees: Glam/Gwent Archaeological Trust notes the close proximity of a medieval church but no objection is raised, as it considered unlikely that there are any archaeological features within the application site. It is requested that the Trust be notified if any features are encountered. This request may be passed on to the applicant.

Dwr Cymru has stated that surface water will not be allowed to drain to the public sewer. This reflects its previous comments and is a matter that is controlled under its legislation.

Group Manager (Transportation Planning) recommends conditions requiring the provision of a footpath across the site frontage, any gates not opening out over the highway and the completion of the car parking area and driveway. A standard contribution to the improvement of the highway is also required by way of Section 106 agreement.

Head Of Public Protection explains that historical information indicates that the site was used as a graveyard thus if any remains are encountered details of exhumation should be agreed. A condition should therefore be imposed to ensure that if remains are encountered they are appropriately exhumed. A condition regarding the testing of imported soils is also required.

Cont… Application No. 06/0419/OUT Continued.

Comments from public: One letter of objection has been received. It is suggested that the proposed dwelling will adversely affect the privacy of the neighbouring dwelling. It should be noted that the application plot is parallel to the neighbouring plot and is almost the same size. There are no exceptional circumstances that restrict the development of the site, i.e. extreme differences in levels or restricted outlooks. It should therefore be possible to site a dwelling within it at reserved matters in accordance with design guidance. The letter received suggests that the site will be overcrowded; this is a detail matter that cannot be considered at this outline stage, but it should be noted that the plot is not small, thus overcrowding should not be a problem provided the layout is reasonably proportioned at reserved matters. It is suggested that the access to the highway and Rectory Road are inadequate. No objection regarding the access or the adequacy of the road is raised by the Group Manager (Transportation Planning).

Other material considerations: This is a revised application that was previously refused because the lawful use of the existing building was a nursing home and an adequate explanation of how any displaced car parking would be dealt with was not provided. At this point in time an application for planning permission to change the use of the nursing home to a single dwelling has been submitted (06/0423/COU) and is also presented to Committee. The approval of that application will reduce the parking requirement to a level that can easily be accommodated within the curtilage retained for the existing building. Therefore upon implementation of permission 06/0423/COU the issue car parking is resolved and a condition should be imposed to underline this fact.

There are mature trees on the site, but they are not so significant as to prevent the proposal taking place. A condition requiring replacement planting should be imposed.

RECOMMENDATION that (A) this application be DEFERRED to enable the applicant to enter into a legal agreement that will require the payment of £5,419.00 towards the improvement of the highway to mitigate the impact of the development upon the strategic highway network.

(B) Upon satisfactory completion of that Agreement Permission be GRANTED

This permission is subject to the following condition(s)

01) Approval of the details of the siting, design and external appearance of the building(s), and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before development is commenced and shall be carried out as approved. REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

Cont… Application No. 06/0419/OUT Continued.

02) Plans and particulars of the reserved matters referred to in Condition 01) above, relating to the siting, design and external appearance of any buildings to be erected, and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

03) The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

04) Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. REASON: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990.

05) Where during any excavation of the site any human remains are encountered the excavation works shall cease and the Local Planning Authority shall be advised accordingly. Thereafter any further excavation shall be carried out in accordance with details of exhumation that shall have been agreed with the Local Planning Authority. REASON: To ensure that any remains are appropriately removed from the site.

07) The occupation of the dwelling hereby approved shall not commence until 'Avondale' has been occupied as a single dwelling and provided with off-street parking in accordance with planning permission reference 06/0423/COU. REASON: In the interest of highway safety.

Cont… Application No. 06/0419/OUT Continued.

08) The site boundary fronting Rectory Road shall be set back and a 2.0m wide footway provided along the frontage which shall be constructed in permanent materials to be agreed in writing with the Local Planning Authority and completed prior to occupation of the development. REASON: In the interests of highway safety.

09) Any gates shall be located and fitted so as not to open over the highway. REASON: In the interests of highway safety.

10) The details of reserved matters required above shall ensure that any drive and parking area is constructed in permanent materials with length of not less than 5.5 metres from the back edge of the highway and a gradient not exceeding 12.5% (1 in 8). The approved drive and parking area shall be completed prior to the occupation of the dwelling hereby approved and they shall thereafter be maintained free of any obstruction for the parking and turning of motor vehicles only. REASON: In the interest of highway safety.

Advisory Note(s)

The applicant be provided with copies of the observations of: Glamorgan Gwent Archaeological Trust, Welsh Water and the Head of Public Protection (soil testing advice note).

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: policy DC1.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0423/COU Mr S Wells Change of use from nursing 27.09.2006 Avondale home to private dwelling at Rectory Road Avondale Nursing Home Bedwas 11 Rectory Road Caerphilly Bedwas CF83 8AX CF83 8AX

APPLICATION TYPE: Change of Use

SITE AND DEVELOPMENT

Location: The application site is in a residential area and is an approved nursing home on the south side of Rectory Road opposite St. Barrwg's Church graveyard.

Site description: The home is a substantial building standing in its own grounds.

Development: This application is for a change of use from nursing home to single dwelling.

Dimensions: The home has a footprint of approximately 175 square metres and the plot measures approximately 780 square metres.

PLANNING HISTORY

P/06/0385 - Erect bungalow - Refused 11.05.06.

P/02/1338 - Retain existing garden shed - Granted 07.01.03.

P/99/0537 - Erect extension to residential home - Refused 30.11.99 - Appeal Dismissed 18.07.00.

5/5/90/176 - Remove restriction contained in planning consent 5/5/88/0523 to permit premises to be used as a residential home for the elderly or nursing home - Granted 11.04.90.

POLICY

Site Allocation

Development Plan: Adopted Caerphilly Basin Local Plan - Residential within settlement.

Cont………… Application No. 06/0423/COU Continued.

Council Approved UDP: Residential within settlement.

Policies

Development Plan: Adopted Caerphilly Basin Local Plan - There are no policies of direct relevance to the proposed development.

Council Approved UDP: DC1 (Standard Development Control Criteria) and Design Guide No1 Building Better Places to Live (New development design criteria).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? - No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - No objection is raised subject to the provision of no fewer than three off-street parking spaces.

Head Of Public Protection - No objection.

Bedwas, Trethomas & Machen Community Council - Raises no objection to the proposal.

Head Of Public Services - No objection is raised and advice is given regarding waste storage.

Extent of advertisement: Neighbouring properties have been consulted.

Response: No response has been received.

SECTION 17 CRIME AND DISORDER ACT

Cont… Application No. 06/0423/COU Continued.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? - No.

ANALYSIS

Policies: Policy DC1 requires that any proposed use should be compatible with other land uses in the vicinity. Except for St Barrwg's church all the nearby uses are residential thus the proposed use as single dwelling is in accordance with Policy DC1. It should also be noted the use as a single dwelling is arguably a less intense use than as a nursing home.

With regard to Design Guide No. 1, whilst this development is not new build, it should be noted that the existing building is large as is the curtilage, thus there is ample amenity space for the residents. The building only occupies 22% of the site therefore the site is not overdeveloped. This is an existing building therefore other issues, such as privacy, are not materially altered.

Comments from Consultees: Group Manager (Transportation Planning) raises no objection subject to the provision of no fewer than three off-street parking spaces. Head of Public Protection also raises no objection and gives advice regarding waste storage. Bedwas, Trethomas & Machen Community Council raises no objection.

Comments from public: None.

Other material considerations: This application has been submitted to enable an associated application (06/0419/OUT) to be determined. That application is made in outline for a dwelling to be erected on a plot that is a subdivision of this application site. The condition recommended by the Group Manager (Transportation Planning) requires the allocation of an area to serve as the parking provision for this application building. The applicant should therefore be advised that when complying with the requirements of the parking condition, care should be taken to ensure that the parking area chosen does not include the land within the outline application site.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

Cont… Application No. 06/0423/COU Continued.

02) Notwithstanding the approved plans, before the use hereby approved commences, or if it has already commenced within a period of three months from the date of this permission, three off-street parking spaces shall be provided within the curtilage of the site in accordance with a scheme that shall have agreed in writing with the Local Planning Authority and the agreed spaces shall be maintained thereafter free of obstruction for the parking of motor vehicles only. REASON: In the interests of highway safety.

Advisory Note(s)

The applicant be advised when complying with the requirements of Condition 02), care should be taken to ensure that the parking area selected does not include the land within outline application site ref: 06/0419. The applicant should also be advised of the observations of the Head Of Public Services regarding waste storage.

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: policy DC1.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0424/OUT Mr & Mrs B Howells Erect detached dwelling on 13.09.2006 Wenvoe Cottage Land Within Curtilage Of The Bryn Wenvoe Pontllanfraith The Bryn NP12 2HD Pontllanfraith NP12 2HD

APPLICATION TYPE: Outline Application

SITE AND DEVELOPMENT

Location: On the south-eastern side of the unnamed lane leading south-westwards from Crown Lane.

Site description: The site comprises part of the rear curtilage of a dwelling fronting the A4049, with a frontage to the unnamed lane to the rear. The garden contains a large double garage accessed from the lane, and is relatively flat but at a slightly higher level than the dwelling. The site is adjoined on all sides by the gardens of neighbouring dwellings.

Development: Outline planning permission is sought for the erection of a dwelling. All matters are reserved for future approval.

Ancillary development, e.g. parking: The submitted site plan indicates an access drive along the western side of the site from the unnamed lane to the retained curtilage of the existing dwelling.

PLANNING HISTORY

2/10940 - Conversion of flat roof to pitched roof - Granted 29.09.92.

2/10325 - Double garage - Granted 23.09.91.

2/9635 - Dwelling - Refused 29.10.90.

POLICY

Site Allocation

Development Plan: Adopted Islwyn Local Plan - the site lies within the settlement envelope.

Cont… Application No. 06/0424/OUT Continued.

Council Approved UDP: The site lies within the settlement boundary.

Policies

Development Plan: Adopted Islwyn Local Plan - Policy H5 (Settlement Envelopes).

Council Approved UDP: Policies DC1 (Development Criteria) and H2 (Development on Unallocated Sites).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - Raises objection to the submitted proposals.

Head Of Public Protection - No objection subject to condition regarding soil importation.

Senior Engineer (Land Drainage) - General advice regarding the drainage of the development.

Dwr Cymru - Conditions requested stating that foul and surface water discharges must be drained separately from the site, and that no surface water or land drainage run-off will be permitted to discharge to the public sewerage system.

Extent of advertisement: The occupiers of four neighbouring properties were notified by letter and a site notice was displayed.

Response: Four letters from neighbouring occupiers.

Summary of observations:

• The development would increase traffic on a substandard lane. • The development would be out of keeping with the general form of development and be intrusive in the street scene. • A large tree within the curtilage may need to be removed.

Cont…

Application No. 06/0424/OUT Continued. • It would be difficult to achieve off-street parking provision for the existing and proposed dwellings. • A dwelling would have an overbearing effect on neighbouring properties. • A dwelling would result in loss of privacy for neighbouring properties. • A dwelling would cause a noise nuisance for neighbouring properties. • Permission for the dwelling would create a precedent for further dwellings along the lane. • A previous proposal for a dwelling on the site was refused permission.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies Policy H5 of the Adopted Islwyn Local Plan states that residential development will normally be permitted within settlement envelopes subject to design issues.

Policy H2 of the Council Approved Unitary Development Plan states:-

"Proposals for housing development on windfall and small sites within settlement boundaries will be permitted provided that:-

A Neighbouring land-uses will not detract from the residential amenity of the development; and B The development would not result in insensitive or inappropriate infilling which would spoil the character of an existing residential area."

In terms of these broad settlement policies the proposed development would be acceptable in principle, and it considered that a dwelling could be sited so as to be in keeping with the general form of development along the lane.

Cont… Application No. 06/0424/OUT Continued.

An earlier application for the erection of a dwelling on the site was refused permission in 1990 on the grounds that the proposal would remove the potential for off-street parking for Wenvoe Cottage thereby encouraging parking on the A4049 (2/9635). The current application seeks to address this shortcoming by indicating a drive along one side of the site to maintain a rear vehicular access to the existing dwelling. While it would be possible to provide adequate off-street parking and turning facilities for the existing and proposed dwellings, however, it is considered that the amount of curtilage required for the provision of such facilities would leave inadequate private amenity space for the enjoyment of either dwelling.

Comments from Consultees Group Manager (Transportation Planning) objects to the proposal on the grounds that the highway network serving the site is not suitable to cater for the proposed development.

The comments of other consultees could be addressed by conditions attached to any grant of planning permission.

Comments from public It is considered that a dwelling on the site would be sufficiently separated from existing dwellings as to not result in any overbearing effect, and that a dwelling could be so sited and designed as to not result in a loss of privacy for neighbouring dwellings. The other substantive matters raised by the objectors are addressed elsewhere in this report.

RECOMMENDATION that Permission be REFUSED

The reason(s) for the Council’s decision is/are

01) The highway network serving the site by virtue of its restricted width, substandard horizontal alignment and lack of pedestrian facilities is not suitable to cater for the proposed development; the development would, therefore, be contrary to Policy DC1 of the Council Approved Unitary Development Plan.

02) The provision of adequate off-street parking and turning facilities for the existing and proposed dwellings would result in insufficient private amenity space for the enjoyment of either dwelling.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0445/FULL Mr Harris Extend sun lounge, retain 19.09.2006 75 Heol Trecastell existing sunlounge and retention Caerphilly of existing covered walkway along the west facing side of the house 75 Heol Trecastell Caerphilly CF83 1AF

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: The site is at 75 Heol Trecastell, Caerphilly. The rear of the property has a southerly aspect.

House type: The existing property is a detached bungalow with first floor accommodation in the roof space, and single detached garage. A sun lounge has been erected to the rear elevation.

Development: The application is for the retention of the existing sun lounge, a proposed extension to the sun lounge, and the retention of a covered walkway along the full length of the west facing side elevation of the property. Amended plans were received on the 23rd October 2006.

Dimensions: The amended plans show the full sun lounge to be 6.8 metres in width, and 3.25 metres deep. The height to the ridge of the sun lounge would be 4.7 metres.

Materials: The plans indicate matching brick to the walls, white uPVC windows and doors, and a polycarbonate roof. The covered walkway consists of a perspex roof held up by timber supports.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

No previous planning history.

Cont’d… Application No. 06/0445/FULL Continued

POLICY

Site allocation

Development plan: Adopted Caerphilly Basin Local Plan - within settlement boundary.

Council Approved UDP: Land within settlement boundary, not allocated.

Policies

Development plan: Policy EV2 (development criteria) of the Adopted Caerphilly Basin Local Plan.

Council Approved UDP: DC1 (Development Criteria) and DC4 (Supplementary Planning Guidance); Development Design Guide 2 - Householder Developments.

CONSULTATION

Caerphilly Town Council - No objection to the proposal.

Extent of advertisement: A site notice was erected and 3 neighbours notified.

Response: One letter from an adjacent neighbour.

Summary of observations: The neighbours raise objection to the covered walkway, for the reason that it would adversely affect their residential and visual amenity.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? None.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

Cont’d… Application No. 06/0445/FULL Continued

ANALYSIS

Policies: Notwithstanding the comments by the neighbour, the application is firstly assessed against development plan policies, and the Council’s development design guidance, ‘Householder Development’. The sun lounge is located on the south elevation of the applicant’s detached property, thus the impact upon ambient light and direct sunlight to the rear of the neighbouring dwellings on either side would be negligible. In respect of privacy issues, the side elevation of the existing sun lounge (to be retained) faces the neighbour's conservatory at a distance of approximately eight metres. This would normally be considered to be an infringement of privacy, and thus detriment to residential amenity. However, the applicant has indicated a willingness to erect a length of trellis within his garden to obscure the view between the opposite windows. A planning condition should be attached to the grant of any consent requiring the submission of details of a screen to safeguard the privacy of the neighbours.

The amended drawings were submitted to include the retention of the existing sun lounge and covered walkway. The revised application was re-advertised and the neighbours raised objection to the covered walkway. The covered walkway structure is similar in design to a typical car port whereas in this case it is 1.25 metres in width. It abuts the boundary with the neighbour's own walkway. Along most of this common boundary is a timber fence of approximately 1.8 metres height. The neighbour has expressed a concern that if planning permission were to be granted for the walkway, the applicant may choose to infill the sides to make it an enclosed walkway. In certain circumstances this may be a concern, however, in the precise location opposite the objector's front door, the applicant's existing boundary fence, (and the potential for an additional 0.2m to be added to the fence height by virtue of permitted development rights) could result in the additional height probably resulting in the top of the fence meeting the underside of the eaves of the walkway roof, thus virtually infilling the full height along most of the boundary.

The covered walkway varies in height due to the ground level falling away towards the rear garden. Immediately opposite the neighbour's front door, the roof of the covered walkway would be 2.2m where it meets the side wall of the house, and 2.05m at the eaves on the boundary. At the rear end of the walkway the structure is 3.4m in height, and would thus have a greater impact upon the neighbour's own walkway. The structure at this point is open-ended and open-sided, with translucent roof, thus it would be difficult to describe the impact as either overbearing or overshadowing in its present form. In order to control the development, and prevent the side of the walkway being filled in, particularly at this point, it is considered pertinent to attach an appropriate planning condition to the grant of any consent. Subject to conditions it is considered that the proposals would not have any significant adverse effects upon the residential or visual amenity of any of the neighbouring properties.

Cont’d… Application No. 06/0445/FULL Continued

The proposed extension would be constructed to an acceptable design of acceptable materials and would not be out of keeping with the character of the existing dwelling. It is compliant with the Council’s development design guidance and policies, and would be considered to be of a scale and form which is in keeping and is therefore acceptable.

Comments from consultees: None.

Other material considerations: None.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that Order with or without modification), the covered walkway hereby permitted shall not be altered in any manner without the prior permission in writing of the Local Planning Authority. REASON: To retain the open character of the development in the interests of visual and residential amenity.

03) Within one month of the date of this permission details of a trellis/fence/screen to be erected adjacent to the pathway alongside the east facing elevation of the sun lounge hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. Erection of the trellis/fence/screen shall be carried out in accordance with the approved details within three months of the approval of details, and shall be maintained thereafter and shall not be removed without the written permission of the Local Planning Authority. REASON: In the interests of residential amenity.

04) The development hereby approved relates to the details received on the 23rd October 2006. REASON: For the avoidance of doubt as to the details hereby approved.

Cont’d… Application No. 06/0445/FULL Continued

Advisory Note(s)

The development plan for this area consists of the Adopted Mid Glamorgan Structure Plan, the Adopted Caerphilly Basin Local Plan and the Council Approved Unitary Development Plan. Policy EV2 of the latter adopted plan, and policy DC1 of the Council Approved Unitary Development Plan are of relevance to the conditions imposed on this consent.

______

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0452/FULL Hall & Pickles Erect new storage warehouse on 20.09.2006 C/O EMC Design Land Adjacent To Fiamm Uk The Studio Ltd., Parkway, Yew Tree Cottage Pen-Y-Fan Industrial Estate Gwernesnay Pen-Y-Fan Usk NP11 3EL NP15 1DB

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: South of Flamm UK Ltd, Parkway, Penyfan Industrial Estate.

Site description: Vacant land on industrial estate. The land has been graded to a level plateau and is contained within the boundary fences and hedging.

Development: Construction of a 5,757 square metres warehouse.

Dimensions: 209m long by 28m high, 8.3m overall height and 10m to eaves.

Materials: Profiled steel sheet cladding to walls and roof in Goosewing Grey. Windows, doors, and trim to be in Merlin Grey.

Ancillary development, e.g. parking: New access to Park Road, a new yard area running the full length of the building and ancillary parking for 58 cars. The site is to be enclosed in a new chain link fence and the existing landscaping fronting Parkway is to remain.

PLANNING HISTORY

P/96/0864 - Erect new battery factory - Granted 07.02.97.

P/01/0853 - Erect extension for storage to existing battery factory - Granted 05.10.01.

2/10757 - Advance preparation works for future development - Granted 19.06.92.

2/12405 - New speculative up market factory unit with new access road, car and service vehicle parking and landscaping - Granted 20.06.95.

P/96/0842 - Replace tower no. 9 with taller tower - No objections 01.04.97 (dev by stat undertakers).

Cont’d… Application No. 06/0452/FULL Continued

POLICY

Site Allocation

Development Plan: Unallocated in the Adopted Islwyn Local Plan.

Council Approved UDP: Industrial Development.

Policies

Development Plan: Development Control Policies D1 - D10 in the Adopted Islwyn Local Plan.

Council Approved UDP: Within settlement boundary, E2(11) (Protection of Industrial Premises) and DC1 (Standard Development Control Criteria).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? Yes.

Was an EIA required? No.

CONSULTATION

Dwr Cymru - Comments that matters relating to the discharge of foul and surface water from the site.

Group Manager (Transportation Planning) - No objection subject to conditions relating to the construction, completion and maintenance of the access, car parking and vision splays.

Head Of Public Protection - No objection.

Senior Engineer (Land Drainage) - No objection.

Wales & West Utilities - Provides a plan showing the location of gas mains together with advice for the developer.

Western Power Distribution - Provides a plan showing the location of electricity apparatus together with advice for the developer.

Cont’d… Application No. 06/0452/FULL Continued

Extent of advertisement: Press and Site Notices and notification to adjoining industrialists.

Response: None.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies: At the time of the Adopted Islwyn Local Plan, the site was located on the edge of the Penyfan Industrial Estate in an area shown on the plan as fields. Since that time the Penyfan Estate has grown and expanded to include this site within its boundaries. The UDP Proposals Map shows the site located on the Penyfan Industrial Estate. The building is of traditional industrial design, is of acceptable appearance and is considered that the proposal complies with UDP policies and is acceptable.

Comments from Consultees: The conditions suggested by the Group Manager (Transportation Planning) are normal for applications for new build developments. The comments of the water, electricity and gas undertakers should be drawn to the attention of the developer.

Comments from public: None.

Other material considerations: The proposal is for a new building in an industrial allocation and its design is not dissimilar to industrial buildings throughout the County. In terms of location and appearance, the development is acceptable.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) This consent shall not extend to the detail shown on the approved plans in respect of the access shown, further details shall be submitted to and approved by the Local Planning Authority and thereafter the access shall be constructed in accordance with the approved plans before the development hereby approved is occupied. REASON: In the interests of highway safety.

03) The development shall not be occupied until the area indicated for the parking of vehicles has been laid out in accordance with the submitted plans and that area shall not thereafter be used for any purpose other than the parking of vehicles. REASON: In the interests of highway safety.

04) The proposed means of access shall be laid-out, constructed and maintained thereafter, with vision splays of 4.5m x 120m. No obstruction or planting when mature exceeding 0.9 metres in height above the adjacent carriageway shall be placed or allowed to grow in the required vision splay areas. REASON: In the interests of highway safety.

05) Prior to the commencement of the development a scheme depicting hard and soft landscaping shall be submitted to and agreed in writing by the Local Planning Authority. The agreed details shall be carried out in the first planting and/or seeding season following the completion of the development. Any trees or plants which within a period of five years from the completion of the development die or are removed, or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. REASON: In the interests of the visual amenity of the area.

Advisory Note(s)

Please find attached the comments of Dwr Cymru, Wales and West Utilities and Western Power Distribution that are brought to the applicant's attention.

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: policy DC1.

______

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0468/LA CCBC Change the use from communal 25.10.2006 Directorate Of The Environment lounge facility to single Hawtin Park bedroom flat at Gellihaf 86 Attlee Court Blackwood Lansbury Park NP12 2PZ Caerphilly CF83 1QW

APPLICATION TYPE: Local Authority Application

SITE AND DEVELOPMENT

Location: The application building is a block of flats within Lansbury Park.

Site description: The application site is a unit within the block of flats that has been converted into a communal lounge facility from a single bedroomed flat (planning permission P/02/0066).

Development: This application seek to reverse the previously approved change of use and turn the lounge back into a single bedroomed flat.

Dimensions: The proposed flat has a gross floor area of 47 square metres. The accommodation provides a single bedroom, lounge, kitchen and bathroom.

Materials: No external works are proposed.

PLANNING HISTORY

P/02/0066 - Change of use from single bedroom flat to provide a communal lounge facility - Granted 22.03.02.

POLICY

Site Allocation

Development Plan: Adopted Caerphilly Basin Local Plan - Residential within settlement.

Cont… Application No. 06/0468/LA Continued.

Council Approved UDP: Residential within settlement.

Policies

Development Plan: Adopted Caerphilly Basin Local Plan - There are no policies of direct relevance to the proposed development.

Council Approved UDP: Policy H6 (Conversion of properties into flats).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? - No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - no objection.

Head Of Public Protection - no objection.

Extent of advertisement: The application has been advertised on site and neighbouring properties have been consulted.

Response: No response has been received.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? - No.

Cont… Application No. 06/0468/LA Continued.

ANALYSIS

Policies: It should be noted that this property was a purpose built flat that was converted to a communal lounge. There are no proposed external alterations to the building; the conversion is achieved by the reinstatement of one internal wall that was removed to join the bedroom and lounge into a single room to serve as a communal lounge, as approved in 2002. It is understood that the uptake of the communal lounge has not been high, thus permission is now sought to turn it back into a flat.

Policy H6 requires that the conversion of suitable properties, into flats will be permitted where:-

A. The primary means of pedestrian access from all dwellings can be provided to a principal road, main or minor road or from a satisfactory court-yard arrangement; B. Adequate provision is made within the curtilage of the property for the amenity of all residents, including the storage of domestic refuse; C. There is no harm to the amenity, character or appearance of neighbouring buildings and the locality; D. The proposal will not lead to overcrowding or overdevelopment of the premises; and E. Appropriate car parking is provided.

The primary means of pedestrian access is from the highway. The flats share existing communal parking and amenity space. The proposed use is the same as the surrounding flat uses therefore it is compatible. It is the same size as the others thus it does not result in overcrowding. The proposed change of use is therefore considered to be in accordance with H6.

Comments from Consultees: None.

Comments from public: None.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0486/FULL Mr M Wells Erect single storey extension to 09.10.2006 6 Lon-Y-Deri semi-detached property to Caerphilly include study, playroom and wc CF83 1DS at 6 Lon-Y-Deri Caerphilly CF83 1DS

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: A dwelling in a residential street in Lon y Deri within the settlement of Caerphilly.

House type: Two-storey semi-detached in a street of similar properties that are separated by drives or garages.

Development: Single storey side extension replacing an existing garage to the side.

Dimensions: The footprint of the extension is 10.5 metres by 2.6 metres.

Materials: The submitted details indicate matching materials.

PLANNING HISTORY

P/06/0366 - Erect a two storey extension with single storey at the back - Refused 11.05.06.

POLICY

Site Allocation

Development Plan: Adopted Caerphilly Basin Local Plan - Residential within settlement.

Council Approved UDP: Residential within settlement.

Policies

Development Plan: Adopted Caerphilly Basin Local Plan Policy EV2 (Scale, layout, materials and design in keeping with surrounding).

Cont………. Application No. 06/0486/FULL Continued.

Council Approved UDP: Policy DC1 (development control criteria) Design Guide No2 (Householder developments).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? - No.

Was an EIA required? Not applicable.

CONSULTATION

Dwr Cymru - Attention is drawn to a sewer that runs to the rear of the site.

Extent of advertisement: The application has been advertised on site and neighbouring properties have been consulted.

Response: One letter of objection has been received.

Summary of observations:

The extension will unacceptably alter the character of the street scene and give rise to a terracing effect. It will adversely affect the privacy of the neighbouring property by its proximity to the neighbouring property. There will be an unacceptable loss of light to the neighbouring property and it will be visually overbearing.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? - No.

Cont……….. Application No. 06/0486/FULL Continued.

ANALYSIS

Policies: This is a revised application for an extension to the side of a semi-detached dwelling in a street of similar properties. The previous application was for a two-storey extension. That application was refused for the terracing effect it had upon the street scene and a hipped roof design that was not in keeping with the character of the host, contrary to design guidance. The revised application is single storey and has a pitched roof to the front that follows the same plane as the host. The extension is taken to 150mm of the boundary and thus still gives rise to visual terracing, however as the height is lowered to single storey and it is not much larger than the existing garage, it is considered acceptable. The roof has been amended so that it more closely reflects the character of the host thus the second reason for refusal is considered to have been satisfactorily addressed. The rear section of the extension is flat roofed, which is not in keeping with the host, but it is designed so that it can tie into an existing flat roofed extension to the rear. Given the pitched roof section that faces the front hides the flat roofed section to the rear, it is considered acceptable.

Comments from Consultees: Welsh Water has provided advice that may be passed on to the applicant.

Comments from public: The letter of objection that has been received states that the street scene 'has had minimal change'. This is not correct and there are examples of garages and extension to the side that are similar to that proposed. The terracing effect as previously explained is considered to have been sufficiently addressed in the revised single storey design. It is suggested that there will be a loss of light to the neighbouring dwelling; given that the extension is single storey, flat roofed to the rear and set to the east of the objector's dwelling, the effect on daylight should be negligible. It is suggested that the height of the building will cause it to be visually overbearing; again it must be emphasised that it is single storey structure and it is set to the side of the neighbouring dwelling where its visual impact should be minimal. The assertion that the extension will adversely affect the privacy of the neighbouring property is not based on conventional design considerations such as windows in overlooking positions.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

Cont………. Application No. 06/0486/FULL Continued.

02) The materials to be used in the construction of the external surfaces of the development hereby permitted shall match those of the existing building. REASON: In the interests of the visual amenities of the area.

Advisory Note(s)

Please find attached the comments of Welsh Water that are brought to the applicant's attention.

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: policy DC1.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0492/COU Ladbrookes Plc Change the use from vacant A1 27.09.2006 9 Russell Street (Retail) to A2 (Betting Office) Stroud at 15 Church Street Gloucestershire Bedwas GL5 3AB CF83 8EA

APPLICATION TYPE: Change of Use

SITE AND DEVELOPMENT

Location: The application building is a shop with a display window fronting Church Street in Bedwas.

Site description: The premises are currently vacant and were previously used as a video shop. It lies between a club and a shop. It is situated approximately in the middle of a mixed-use area that is predominantly small retail units, opposite Bedwas Junior School.

Development: The proposed change of use is from retail (A1) to betting office (A2).

Dimensions: This application relates to the ground floor of the premises.

PLANNING HISTORY

No previous planning history.

POLICY

Site Allocation

Development Plan: Adopted Caerphilly Basin Local Plan - Retail within settlement.

Council Approved UDP: Within the settlement boundary.

Policies

Development Plan: Adopted Caerphilly Basin Local Plan Policy RT1 (Presumption against retail use outside identified areas).

Council Approved UDP: Policy DC1 (Standard Development Control Criteria).

Cont… Application No. 06/0492/COU Continued.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? - No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - No objection.

Head Of Public Protection – explains that where there is to be the installation of any air conditioning, details should first be agreed in writing to ensure that any potential noise is adequately controlled.

Bedwas, Trethomas & Machen Community Council - Raises no objection to the proposal.

Extent of advertisement: The application has been advertised on site and neighbouring properties have been consulted.

Response: No response has been received.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? It is considered that the proposed development will not affect crime and disorder in the area. Also this application is made by a company that is seeking to relocate its premises from another position that is close by, the use is therefore already present in the street.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? - No.

ANALYSIS

Policies: Whilst it should be noted that the application previously lay within a retail area in the Adopted Caerphilly Basin Local Plan, it is no longer in a retail boundary in the Council Approved Unitary Development Plan. Policy DC1 requires that uses should be compatible with surrounding land uses. The surrounding area is a mixture of uses that still includes a number of retail uses.

Cont’d… Application No. 06/0492/COU Continued

The application has a retail shop on one side and a club on the other; Church Street is also the main street in Bedwas. It is considered that the proposed betting shop (A2 use) should therefore blend with the existing mixture of uses. In addition the applicant is relocating an existing betting shop use from a property that is only 80 metres away, this use is therefore already present in the locality.

Comments from Consultees: The Group Manager (Transportation Planning) and Bedwas, Trethomas & Machen Community Council raise no objection.

The Head Of Public Protection explains that where there is to be the installation of any air conditioning, details should first be agreed in writing to ensure that any potential noise is adequately controlled. A condition should therefore be imposed requiring the agreement of any such installation.

Comments from public: None.

Other material considerations: The application details relate only to the ground floor of a building that is three storeys in height. There are therefore other floors in other use. The consideration of this application is based on the use of the ground floor only, a condition should be imposed identifying the area approved.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) The use hereby approved relates to the ground floor of the premises only. REASON: For the avoidance of doubt as to the extent of this consent.

03) Where there is to be the installation of any air conditioning plant or ventilation equipment details of its construction together with predicted noise levels measured on the boundary of the site as LAeq 1 hour, shall be submitted to and agreed in writing with the Local Planning Authority and it shall be installed and maintained in accordance with the agreed details. REASON: In the interest of residential amenity.

Advisory Note(s)

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: policy DC1. ______Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0500/FULL Mr R M Randall Erect garage at 28.09.2006 8 Eglwysilan Way 8 Eglwysilan Way Abertridwr Abertridwr Caerphilly Caerphilly CF83 4EQ CF83 4EQ

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: The application site is on the southern side of Eglwysilan Way, Abertridwr, close to its junction with Hendre Road.

House type: Mid link house, with hard standing to front.

Development: Erect garage.

Dimensions: The garage would be 7.5m in length and 3.7m wide. It would be 3m in height, with 1 metre high railings around the roof edge, enclosing a roof-top patio.

Materials: The submitted details are not specific about the garage walls, but the roof would be fibre-glass over decking, and the roof-top rails would be of mild steel.

Ancillary development, e.g. parking: One space in the garage.

PLANNING HISTORY

No previous planning history.

POLICY

Site allocation

Development plan: Adopted Mid Glamorgan Structure Plan - not allocated.

Council Approved UDP: Land within settlement boundary, not allocated.

Cont… Application No. 06/0500/FULL Continued.

Policies

Development plan: None specific in the Adopted Mid Glamorgan Structure Plan.

Council Approved UDP: Policy DC1 (Development Criteria) and DC4 (Supplementary Planning Guidance); Development Design Guide 2 - ‘Householder Developments’.

CONSULTATION

Group Manager (Transportation Planning) - Raises objection for the reason that the absence of any length of driveway in front of the proposed development would create hazards to the detriment of highway safety.

Aber Valley Community Council - Raises no objection to the proposal.

Extent of advertisement: A site notice was erected and three neighbours notified by letter.

Response: One letter of objection.

Summary of observations: The neighbour comments that the proposal would reduce his ability to safely emerge from his own hardstanding due to the reduction in vision splays. He is also concerned about the loss of privacy, as it would be possible to clearly view his front room from on top of the garage roof. The proposed garage would cast a shadow across his front garden reducing the level of amenity he currently enjoys. The neighbour is also concerned about the potential for damage to his property, and a loss of value of his own property because the garage would be out of character.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? None.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

Cont… Application No. 06/0500/FULL Continued.

ANALYSIS

Policies: This application is for a proposed single garage which would be located in the front garden of a mid link house, fronting onto the main road out of Abertridwr towards Eglwysilan. There are no other garages in the front gardens of the neighbouring properties fronting onto the road. The slab level of the houses is raised approximately 2 metres above road level, and a number of properties have excavated the front lawns to provide hardstandings at the lower level to the front.

The Development Design Guide No.2 - Householder Developments, March 2006, ‘Guidance Note 3’ indicates that proposed garages ‘should not normally be in the front of domestic properties, and should not be over dominant in relation to the existing and surrounding properties.' In respect of the roof patio, this would be considered to be a balcony of sorts, and Design Guidance Note 8 indicates that these should not be constructed so that they result in overlooking of neighbours' property, and 'should not dominate the character of the property or its appearance as viewed from the street.'

Comments from consultees: Group Manager (Transportation Planning) has expressed concern about the garage entrance being adjacent to the back of footway resulting in no driveway, and the potential for vehicles waiting in the highway whilst the garage door is being opened, thus creating hazards to the detriment of highway safety.

Comments from public: In respect of the neighbour's comments, whilst it is acknowledged that vision splays would be reduced, the current level of visibility for people emerging from driveways onto the road is higher than that which is expected at this location and the proposal would not result in a lower level than the minimum requirement. The loss of privacy is of concern, particularly in respect of the view into the neighbour's front room. Whilst there is an existing conifer near the boundary, this would not necessarily completely obscure the view into the front room. The garage would result in an overbearing effect to the neighbour's front lawn, and would certainly diminish the level of amenity for that property.

Other material considerations: Whilst the issue of precedent is not a sufficiently robust reason on its own to justify refusal, where there are sound reasons for refusal, such as detriment to the character of the property and the street scene in general, it is appropriate to consider the impact that further developments of a similar nature would have upon the character of the surroundings. The issue of consent for this garage would almost certainly result in the submission of further applications for garages at neighbouring properties. It is considered that a row of garages at this location would probably result in this street having the appearance of a rear access lane, which would be significantly detrimental to visual amenity.

Cont… Application No. 06/0500/FULL Continued.

Thus, this proposal would be out of sympathy with the character of the existing property and the street scene in general, would have an adverse effect upon visual and residential amenity, would result in detriment to highway safety, and would therefore be contrary to Council guidance and in conflict with the Council’s development plan policies. The proposal should therefore be refused planning permission.

RECOMMENDATION that Permission be REFUSED

The reason(s) for the Council’s decision is/are

01) The proposal conflicts with Policy DC1 of the Council Approved Unitary Development Plan 1996 – 2011, April 2003, and the supporting Supplementary Planning Guidance - Development Design Guide No.2 - Householder Developments, March 2006. It would, by virtue of its form, design, and position dominate and detract from the basic character of the existing house, and would be an incongruous element in the street scene, thereby having an adverse impact on the surroundings in general, to the detriment of visual amenity.

02) The proposal conflicts with Policy DC1 of the Council Approved Unitary Development Plan 1996 – 2011, April 2003, and the supporting Supplementary Planning Guidance - Development Design Guide No.2 - Householder Developments, March 2006. It would, by virtue of its design and position result in an infringement of privacy to the neighbour's front living room, to the detriment of residential amenity.

03) The absence of any length of driveway in front of the proposed development would create hazards to the detriment of highway safety, contrary to Policy DC1 of the Council Approved Unitary Development Plan.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0503/FULL ExCAL Limited Provide outside storage for 11.10.2006 Capel Hendre recovered, recycled and waste Ammanford plastic on Carmarthenshire Land At Integrated Polymers SA18 3SJ Capital Valley Industrial Estate Rhymney Tredegar NP22 5PT

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: Integrated Polymers, Capital Valley Industrial Estate, Rhymney.

Site description: The estate is situated at the northern end of Pontlottyn. Rhymney train station is located to the north of the estate with the railway line running along the eastern boundary of the estate. The A469 runs along the western boundary of the estate. The Plastics Recovery Centre subject of this application occupies Units 5 and 6 on the western boundary of the estate. The application site includes an area of open land to the north of Unit 6 together with the open land between Units 5 and 6 and along the western elevation of Unit 5.

Development: Full planning permission in respect of the provision of outside storage for recovered, recycled and waste plastics. A supporting document submitted with the application indicates that the application sites will be reception areas for hard plastics and film plastics. Hard plastics include items such as wheelie bins while plastic films are separated into three categories, farm plastics, abattoir plastics and other plastic films. The abattoir plastics arrive at the facility in sealed containers. They remain in their containers until they are ready for processing. In addition recycled plastics will also be stored outside, either to the rear of Unit 5 or to the north of Unit 6. The recycled plastics have been treated on site and therefore pose no risk to the environment.

The maximum tonnage of material accepted on site in any one year would be no more than 24,999 tonnes.

The site will have the capability to be open 24 hours a day, 7 days a week. No items will be accepted on site on Sundays or Bank Holidays.

The types of mobile plant used on the site will principally be either diesel or gas powered warehouse type forklift trucks. Cont… Application No. 06/0503/FULL Continued.

Dimensions: The area to the north of unit 6 has maximum dimensions of 30m x 35m. The area between unit 5 and unit 6 has maximum dimensions of 42m x 42m and the storage area proposed along the western side of unit 5 has maximum dimensions of 105m x 21m.

PLANNING HISTORY

No previous planning history.

POLICY

Site Allocation

Development Plan: Adopted Upper Rhymney Valley Local Plan - within settlement limits and part of an identified industrial site.

Council Approved UDP: Policy DC2 - within settlement limits and identified as part of an existing employment site Policy E2(2) - Capital Valley Industrial Estate.

Policies

Development Plan: Standard development control criteria contained in Policy EV3 of the Adopted Upper Rhymney Valley Local Plan.

Council Approved UDP:

Policy W4 (recycling proposals) which states: -

“Development of facilities for the re-use or recovery of waste materials will be permitted where:

A The adjoining road network is or can be made capable and suitable for heavy lorries without prejudicing highway safety, or having a detrimental impact on rural roads; B The site could be screened and landscaped to reduce unacceptable visual impact; C Adequate provision is made for restoration of the site to a beneficial afteruse; and D There is a beneficial after use of by-products.”

Standard development control criteria contained in Policy DC1 is also relevant.

Cont… Application No. 06/0503/FULL Continued.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - has no objection subject to a condition in respect of parking requirements.

Head Of Public Protection - Has no adverse comments.

Rhymney Community Council - Objects to the principle of outside storage on visual amenity grounds and requests negotiation for a covered storage area.

Extent of advertisement: The application was advertised on site and neighbouring properties were consulted.

Response: None.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

The site lies on an industrial estate identified in the Council Approved Unitary Development Plan for industrial (B2) warehousing (B8) and business uses (B1) . The use of Units 5 and 6 for the recycling of plastics falls within Use Class B2 of the Town and Country Planning (Use Classes) Order 1987 and as such the use is acceptable on the site. The use of the site for the outside storage of received hard and farm plastics together with the storage of recycled plastics is already carried out and is considered satisfactory in this location and consistent with Policy W4 of the Council Approved Unitary Development Plan. Cont… Application No. 06/0503/FULL Continued. In terms of the objection raised by the Rhymney Community Council that storage should be under cover, the Head of Public Protection has raised no adverse comments in relation to the use. However, it is recognised that an unrestricted external storage use could be detrimental to amenity and so a condition is recommended limiting storage by plastics to the current applicant. A further condition would prevent processing outside the buildings.

The concerns of the Group Manager (Transportation Planning), may be addressed by attaching appropriate conditions to any consent.

It is considered that the development does not conflict with local plan polices and is therefore acceptable in planning terms.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

01) The use hereby approved shall be limited to the storage of plastics as described in the document by ExCal Limited dated September 2006 submitted in support of the application subject of this consent, and shall only be carried on by the applicants. REASON: In the interests of amenity.

02) The processing of materials shall not take place anywhere on the site except within the buildings, or such covered areas details of which shall be first agreed in writing with the Local Planning Authority. REASON: In the interests of the amenity of the area.

03) Notwithstanding the submitted plans, the access road, servicing and parking areas required for the development shall be completed in permanent materials as approved by the Local Planning Authority and maintained thereafter free of obstruction for the accessing, servicing and parking associated with the development. Parking provision shall allow for 57 spaces. REASON: In the interests of highway safety.

Advisory Note(s)

The development plans relevant to this application are the Mid Glamorgan Structure Plan, the Adopted Upper Rhymney Valley Local Plan and the Council Approved Unitary Development Plan. Policy DC1 of the UDP is relevant to the conditions imposed on this consent.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0507/FULL Mr R Wiltshire & Miss C Erect single storey kitchen, 02.10.2006 Williams breakfast and bathroom 9 Crescent Road extension to rear and porch/bay Risca window extension to front at Newport 9 Crescent Road NP11 6GJ Risca Newport NP11 6GJ

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: On the eastern side of Crescent Road, Risca.

House type: Terraced house.

Development: Erection of single-storey rear extension and porch/bay window extension to front.

Dimensions: Rear extension - kitchen/bathroom 5.5m wide (full width of dwelling) x 5.1m deep with breakfast room extension on rear 4.2m wide x 3.3m deep; height 3.8m to ridge. Front extension - 4.5m wide x 1.3m deep.

Materials: Not specified.

PLANNING HISTORY

No previous planning history.

POLICY

Site allocation

Development plan: Adopted Islwyn Local Plan - the site lies within the settlement envelope.

Council Approved UDP: The site lies within the settlement boundary.

Cont… Application No. 06/0507/FULL Continued

Policies

Development plan: Adopted Islwyn Local Plan - Policies H4 (extensions to dwellings) and D1-D6 (design of the built environment).

Council Approved UDP:

DC1 (Standard Development Control Criteria). DC4 (Supplementary Planning Guidance). Advice contained within the Council's Adopted Development Design Guide 2: Householder Development.

CONSULTATION

Dwr Cymru - Requests condition to protect the public sewer crossing the site.

Extent of advertisement: The occupiers of three neighbouring properties were notified by letter and a site notice was displayed.

Response: One letter (neighbouring dwelling).

Summary of observations: Front extension would be the first in the terrace and would be out of keeping, and concern expressed about the position of the porch in relation to the front boundary wall between the two properties.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

Cont… Application No. 06/0507/FULL Continued.

ANALYSIS

Policies: The massing and design of the rear extension are considered to be acceptable and in compliance with local plan policies and guidance in design terms. The dwelling has a long rear garden and the extension would not represent overdevelopment of the plot. On the question of the front porch/bay extension, while there are no forward extensions within the terrace of six dwellings there are front bay windows on the adjoining terrace, and it is not considered that the 1.3m deep extension proposed would have a detrimental effect on the street scene.

Comments from consultees: Welsh Water advises that a public sewer crosses the site and requests that a condition be attached to any permission preventing development within the safety zone. It is not considered appropriate, however, to protect the line of the sewer by means of a planning condition since that body has control of the easement.

Comments from public: The question of the effect of the front extension on the street scene has been addressed above. The concern regarding the effect on the boundary wall is a private matter to be resolved between the two neighbours.

The rear extension replaces an existing partial-width extension 4.4m long and comprises a full-width extension 5.1m long with a further extension 3.3m long set in 700mm to either side. The extension would not adversely impact on the amenities of the neighbouring dwelling No. 10 which has a rear single-storey extension to the boundary only some 1m shorter than the proposed extension. However, it is considered that the massing and length of the extension on the boundary with the other neighbouring dwelling No. 8, which lies to the north of the application property, would have an overbearing and overshadowing effect on the ground floor rear and single-storey extension side windows of that neighbouring dwelling.

RECOMMENDATION that Permission be REFUSED

The reason(s) for the Council’s decision is/are

01) The proposed rear extension by virtue of its length and massing would have an overbearing and overshadowing effect on the neighbouring dwelling No. 8 Crescent Road; the development would, therefore, be contrary to Policy DC1 of the Council Approved Unitary Development Plan and Guidance Note 2 of the Council's Adopted Development Design Guide 2: Householder Development.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0532/LA CCBC Directorate Of Education Construct ramp and create 05.10.2006 And Leisure access to dining hall at Education Offices Ysgol Y Lawnt Caerphilly Road The Lawn Ystrad Mynach Rhymney Hengoed Tredegar NP12 7EP NP22 5LS

APPLICATION TYPE: Local Authority Application

SITE AND DEVELOPMENT

Location: The application property is within the settlement limits of Rhymney and on the southern side of Tre-York Street.

Site description: The application property is a large detached school building within a substantial curtilage to the east of the former Whitbread Brewery site. The structure is a listed building that is largely finished in painted render. There is an existing access ramp in the front yard area of the school that gives access to the kitchen area of the school. The ramp is constructed using facing brickwork.

Development: The proposal seeks full planning consent for the erection of a new access ramp to provide disabled access to the dining hall.

Dimensions: The ramp will be 1.6m wide by 10.2m long and will rise at a gradient of 1:15.

Materials: The ramp will be constructed with a face brickwork dwarf wall and galvanised steel handrails.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

P/06/0532 - Erect new double mobile classroom unit - Granted 22.06.06.

P/03/1571 - Crown lift trees and remove dead or diseased wood from crowns - Granted - 08.01.04.

Cont… Application No. 06/0532/LA Continued.

5/5/95/0039 - Remove tree and stump completely - Granted 14.03.95.

5/5/89/0610 - Retain existing offs and company shop to convert remaining site and buildings to managed workshop complex for local small business - Granted 29.09.89.

POLICY

Site allocation

Development plan: The application property is within settlement limits in the Adopted Upper Rhymney Valley Local Plan.

Council Approved UDP: Within settlement limits and within the Rhymney Town Conservation Area.

Policies

Development plan: Policy EV3 of the Adopted Upper Rhymney Valley Local Plan provides general development control criteria against which all application should be assessed.

Council Approved UDP: DC1 (Standard Development Control Criteria) HE2 (Listed Buildings and Structures) HE1 (Preservation and Enhancement) HE4 (Conservation Areas)

CONSULTATION

Group Manager (Transportation Planning) - No objection.

Rhymney Community Council - No objection.

Extent of advertisement: The application was advertised by means of a site notice, a press notice and neighbour letters.

Response: None.

Cont… Application No. 06/0532/LA Continued.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies: The application has been considered in accordance with local plan policy and supplementary planning guidance.

Comments from consultees: There were no objections received from statutory consultees.

Comments from public: There were no objections received from members of the public.

Other material considerations: The application seeks full planning consent for the erection of an access ramp at an existing school building to provide access to the dining hall for disabled pupils. The principle of the development is considered to be acceptable and the main point to consider in the determination of the application is whether the design of the ramp would have a detrimental impact on the character of the listed building. In that regard members are advised that the design of the ramp itself is considered to be acceptable. However, the details submitted in respect of the handrail indicate a modern design that would not be in keeping with the character of the building. Therefore it is suggested that consent be granted subject to a condition requiring revised details of the handrail.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

Cont… Application No. 06/0532/LA Continued.

02) The consent shall not extend to the detail shown on the submitted drawings in respect of the handrail shown on the approved plan. Prior to the commencement of the development revised details of the handrail shall be submitted to and agreed in writing by the Local Planning Authority. The handrail shall be completed in accordance with the agreed details prior to the first use of the ramp hereby approved. REASON: In the interests of the appearance and character of the listed building.

Advisory Note(s)

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: DC1.

The following policy of the Adopted Upper Rhymney Valley Local Plan is relevant to the conditions of this permission: EV3.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0533/LBC CCBC Directorate Of Education Replace existing ramp with 05.10.2006 And Leisure extended ramp at Education Offices Ysgol Y Lawnt Caerphilly Road The Lawn Ystrad Mynach Rhymney Hengoed NP22 5LS

APPLICATION TYPE: Listed Building Consent

SITE AND DEVELOPMENT

Location: The application property is within the settlement limits of Rhymney and on the southern side of Tre-York Street.

Development: The proposal seeks listed building consent for the erection of a new access ramp to provide disabled access to the dining hall.

Dimensions: The ramp will be 1.6m wide by 10.2m long and will rise at a gradient of 1:15.

Materials: The ramp will be constructed with a face brickwork dwarf wall and galvanised steel handrails.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

P/06/0532 - Erect new double mobile classroom unit - Granted 22.06.06.

P/03/1571 - Crown lift trees and remove dead or diseased wood from crowns - Granted 08.01.04.

5/5/95/0039 - Remove tree and stump completely - Granted 14.03.95.

Cont… Application No. 06/0533/LBC Continued.

5/5/89/0610 - Retain existing offs and company shop to convert remaining site and buildings to managed workshop complex for local small business - Granted 29.09.89.

POLICY

Site allocation

Development plan: The application property is within settlement limits in the Adopted Upper Rhymney Valley Local Plan.

Council Approved UDP: Within settlement limits and within the Rhymney Town Conservation Area.

Policies

Development plan: Policy EV3 of the Adopted Upper Rhymney Valley Local Plan provides general development control criteria against which all application should be assessed.

Council Approved UDP: DC1 (Standard Development Control Criteria) HE2 (Listed Buildings and Structures) HE1 (Preservation and Enhancement) HE4 (Conservation Areas)

CONSULTATION

Rhymney Community Council - No objection.

Extent of advertisement: The application was advertised by means of a site notice, a press notice and neighbour letters.

Response: None.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies: The application has been considered in accordance with local plan policy and supplementary planning guidance.

Comments from consultees: There were no objections received from statutory consultees.

Comments from public: There were no objections received from members of the public.

Other material considerations: The application seeks listed building consent for the erection of an access ramp at an existing school building to provide access to the dining hall for disabled pupils. The principle of the development is considered to be acceptable and the main point to consider in the determination of the application is whether the design of the ramp would have a detrimental impact on the character of the listed building. In that regard members are advised that the design of the ramp itself is considered to be acceptable. However, the details submitted in respect of the handrail indicate a modern design that would not be in keeping with the character of the building.

Listed Building applications submitted by the Local Authority are to be determined by CADW. Therefore, in passing this application onto CADW, they will be advised that in the Local Planning Authority's view, the following conditions should be applied.

RECOMMENDATION that the application is referred to CADW with the following recommended conditions:-

02) The consent shall not extend to the detail shown on the submitted drawings in respect of the handrail shown on the approved plans prior to the commencement of the development revised details of the handrail shall be submitted to and agreed in writing by the Local Planning Authority. The handrail shall be completed in accordance with the agreed details prior to occupation. REASON: In the interests of highway safety.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0534/NCC Mr J Singh Vary Condition (2) of Planning 26.10.2006 Four Oaks Furlong Permission P/05/0987 to permit Copcut Lane takeaway trade from the Droitwich Spa property WR9 7JB 29 Commercial Street Pontymister Risca NP11 6AW

APPLICATION TYPE: Development without complying with conds

SITE AND DEVELOPMENT

Location: On the south-western side of Commercial Street, Pontymister, opposite St. Margaret's Church.

Site description: The site comprises a two-storey terraced commercial property with flat over. The ground floor is currenlty in use as a restaurant. The adjacent property to the north-west is a hair salon with residential properties beyond. The adjacent property to the south-east is a shop, with a dwelling on its other side then two commercial properties. On the opposite side of Commercial Street are St. Margaret's Church and a funeral home on either side of the Park Place junction with Commercial Street. To the rear of the site is a rear lane with open land and informal parking beyond.

Development: Variation of Condition (2) of Planning Permission P/05/0987 to permit takeaway trade.

PLANNING HISTORY

P/03/0514 - Install new shop front and change the use to photographic processing shop - Granted 23.05.03.

P/03/0779 - Erect shop sign - Granted 21.07.03.

P/05/0987 - Change the use from retail premises to restaurant (Class A3) - Granted 06.10.05.

Cont’d… Application No. 06/0534/NCC Continued

POLICY

Site Allocation

Development Plan: Adopted Islwyn Local Plan - the site lies within the settlement envelope.

Council Approved UDP: The site lies within the settlement boundary and the Risca/Pontymister Retail Area boundary.

Policies

Development Plan: Adopted Islwyn Local Plan - Policies HFT1 and HFT2 (hot food takeaways).

Council Approved UDP: Policies DC1 (development criteria) and R12 (food and drink retailing).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - No objection subject to condition regarding hours of operation.

Head Of Public Protection - No objection.

Extent of advertisement: The occupiers of nine neighbouring properties were notified by letter and a site notice was displayed.

Response: Three letters and petition containing 34 signatures.

Summary of observations: There are already a number of takeaway establishments in the vicinity. Increased late night noise and anti-social behaviour. Increased litter. Increase in on-street parking to the detriment of highway safety.

Cont’d… Application No. 06/0534/NCC Continued SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? Uses of this nature almost inevitably involve late evening activity and there is a perception that they cause or increase problems of noise nuisance and anti-social behaviour in the immediate locality. However, such uses are considered to be appropriate in commercial areas or mixed commercial and residential areas and their local effects can be modified by hours of operation conditions.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies: The proposal is subject to Policies HFT1 and HFT2 (Hot Food Takeaways) of the Adopted Islwyn Local Plan and Policy R12 (Food and Drink Retailing) of the Unitary Development Plan.

Policy HFT1 states that hot food takeaways would not be permitted in mainly residential areas where they would result in an unacceptable reduction of residential amenity, taking into account the cumulative effect of a number of such premises in an area.

Policy HFT2 states that in suitable locations hot food takeaways will be permitted subject to the hours of operation taking account of the nature of the area within which the premises are located and to any nearby dwellings being protected from noise and cooking fumes.

Policy R12 of the UDP contains similar considerations:

"New proposals for A3 uses, or changes of use to A3 uses, will only be permitted where: Opening times of hot-food takeaways are restricted to reasonable hours, particularly where residential properties are nearby; and The proposal would not result in an unacceptable loss of residential amenity by virtue of noise, smell or other nuisance".

In this case it was considered that a restaurant use would be acceptable but the condition preventing any takeaway element, which tends to attract larger numbers of short-term customers later in the evening, was considered necessary to protect the amenities of nearby residential properties. The premises are sited in the northern part of Commercial Street where there is a higher concentration of residential properties.

Cont’d… Application No. 06/0534/NCC Continued There are a number of existing takeaway establishments in the southern part of Commercial Street where there are also a number of public houses. It is considered that the spread of such uses to the 'quieter' part of Commercial Street should be discouraged.

The applicant has submitted a petition containing 295 signatures in support of his proposal. He also states that the takeaway trade would remain ancillary to the restaurant business. However, a condition seeking to control the proportion of takeaway trade would be difficult if not impossible to monitor and enforce, and it is considered that permission should be refused to protect residential amenity.

Comments from Consultees: The Head of Public Protection and Group Manager (Transportation Planning) have no objection to the proposal.

Comments from public: The objections received are summarised above and the effect of the proposed development on residential amenity has been addressed. Group Manager (Transportation Planning) has no objection relating to increased on-street parking.

RECOMMENDATION that Permission be REFUSED

The reason(s) for the Council’s decision is/are

01) The introduction of a hot-food takeaway element to the restaurant operation would be detrimental to the amenities of occupiers of residential properties within the vicinity of the premises by virtue of late evening noise and general disturbance. The proposal is, therefore, contrary to the provisions of Policies HFT1 and HFT2 of the Adopted Islwyn Local Plan and Policies DC1 and R12 of the Council Approved Unitary Development Plan.

______Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0537/OUT Mr A Cole Erect dwelling 06.10.2006 Ty Nazareth Land Adjacent To Ty Nazareth Guest Street Guest Street Fochriw Fochriw Bargoed Bargoed CF81 9NB CF81 9NB

APPLICATION TYPE: Outline Application

SITE AND DEVELOPMENT

Location: Land adjacent to Ty Nazareth, Guest Street, Fochriw.

Site description:The site forms a rectangular parcel of land on the fringe of the settlement of Fochriw. The application site is located within the existing Ty Nazareth grounds to the east of the dwelling itself. The highway, known as Guest Street fronts the application site to the south. The site is enclosed by an approximately 1metre high blockwork retaining wall, which currently forms the enclosure to the dwelling known as Ty Nazareth. The site slopes west to east and is currently grassed. The residential settlement is located to the wider east whilst to the wider north, south and west is open land, some of which is within the settlement limits. Planning permission has been granted on the lower level adjoining plot to the east for a detached bungalow set on the northern end of the plot. Construction is almost complete.

Development: Outline planning consent is sought in respect of the erection of one dwelling with only the siting and means of access to be considered at this stage, with all other matters in relation to design, external appearance and landscaping to be reserved for future consideration.

Dimensions: The plot measures approximately 11m in width by 35m in length.

Ancillary development, e.g. parking: No information submitted at this stage.

PLANNING HISTORY

P/96/0733 - Erect garage and wall for domestic use - Granted 17.01.97. P/04/0892 - Erect bungalow - Granted (Adjacent to the site). P/06/0262 - Erect one residential dwelling - Refused 20.04.06 (Adjacent to the site).

Cont’d… Application No. 06/0537 Continued

POLICY

Site Allocation

Development Plan: Adopted Upper Rhymney Valley Local Plan - within settlement limits.

Council Approved UDP: Policy DC2 - within settlement limits.

Policies

Development Plan: Standard development control criteria contained in Policy EV3 of the Adopted Upper Rhymney Valley Local Plan.

Council Approved UDP:

DC2 - Settlement Boundary

"In order to protect the identity and vitality of individual settlements, development beyond the settlement boundary as defined on the proposals map will not be permitted except for:

A. Development associated with agriculture, forestry and the winning and working of minerals; B. The conversion, rehabilitation and replacement of rural buildings and dwellings; C. Recreation and leisure proposals; D. Development associated with the provision of public utilities, infrastructure and waste management, which cannot be located elsewhere."

DC4 Supplementary Planning Guidance contained in Design Guide 1 - Building Better Places to Live.

Policy H2 - Development on Unallocated Sites

"Proposals for housing development on windfall and small sites within settlement boundaries will be permitted provided that:

A. Neighbouring land uses will not detract from the residential amenity of the development; and B. The development would not result in insensitive or inappropriate infilling which would spoil the character of an existing residential area."

Cont’d… Application No. 06/0537/OUT Continued

The application has also been assessed against standard development control criteria contained in Policy DC1.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - objects to the proposal because the highway serving the site is unsuitable to serve as a primary means of access and its increased use would lead to increased hazards for all users.

Head Of Public Protection - has no adverse comments.

Senior Engineer (Land Drainage) - provides advice to be conveyed to the developer in respect of surface water discharge.

Dwr Cymru - confirms that both foul water and surface water discharges must be drained separately from the site and provides advice to be conveyed to the developer in respect of the same.

Extent of advertisement: The application has been advertised on site and nieghbouring properties have been consulted.

Response: None.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? The applicant is advised to contact the Police's architectural officer to discuss Secure By Design principles in the design and construction of the development hereby approved.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

Cont’d… Application No. 06/00537/OUT Continued

ANALYSIS

The site is included within the settlement boundaries of both the Adopted Upper Rhymney Valley Local Plan and the Council Approved Unitary Development Plan. In this respect the principle of residential development is acceptable subject to standard development control criteria contained in Policy DC1. This is the resubmission of a previous application that was refused planning permission because of the detrimental impact upon the residents of the neighbouring residential property to the east of the site and also in highway terms because of the unsatisfactory access. This application aims to address the previous reasons for refusal.

The development has to be considered with regard to current local plan policies and national planning guidance. The policies of particular relevance to this application are Policies DC1, DC2, and H2 of the Council Approved Unitary Development Plan.

The development of this site adheres to Policy DC2 in that it promotes the full and effective use of urban land and serves to concentrate new development within the existing settlement of Fochriw.

Policy H2 permits housing development on windfall sites within settlement boundaries provided the criteria outlined therein could be adhered to. The design and layout of the development will be critical in terms of ensuring that the neighbouring land uses will not detract from the residential amenity of the development. Furthermore the design of the development will be of critical importance in terms of ensuring that the development does not result in insensitive or inappropriate infilling which would spoil the character of the existing townscape. Criterion B of Policy DC1 requires development to be compatible in land use terms with other land uses in the vicinity. Residential development on this site would reflect the land uses in the general locality and would be compatible with the existing uses in the area. Criterion E of DC1 requires development to be well designed in terms of setting, scale, density, layout, materials and landscaping. In this respect the applicant has confirmed that it is only the siting and the access to be considered at this stage with all other matters reserved for future consideration.

Cont’d… Application No. 06/00537/OUT Continued

It is considered that the plot is constrained by its relationship with the bungalow under construction on the adjoining plot to the east. That bungalow is located at a lower ground level than the application site and incorporates habitable room windows on both the west and south elevations. The footprint of the adjoining bungalow takes up a significant part of the plot and therefore heavily constricts development of the application site to the west because of the potential impact upon its amenity. However the siting of the proposed new dwelling to the front of the site could alleviate any privacy issue if the proposed dwelling were restricted to a single storey dwelling and the ground levels reduced to ensure that no significant harm in terms of the amenity of the residents of the adjoining property were affected.

In terms of highway considerations the Group Manager (Transportation Planning) has raised objection to the development and refers to the previous reasons for refusal as referred to above.

In conclusion it is considered that the revised scheme does not address the previous highway reasons for refusal and as such conflicts with local plan policies and is therefore unacceptable in planning terms.

RECOMMENDATION that Permission be REFUSED

The reason(s) for the Council’s decision is/are

01) The highway serving the site is unsuitable to serve as a primary means of access. Its increased use would lead to increased hazards for all users. The proposal is therefore contrary to Policy DC1(c) of the Council Approved Unitary Development Plan.

______

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0540/COU Mr B Davies Use domestic property for the 09.10.2006 2 Ffordd Las operation and storage of 1 or 2 Abertridwr private hire vehicles at Caerphilly 2 Ffordd Las CF83 4EW Abertridwr Caerphilly CF83 4EW

APPLICATION TYPE: Change of Use

SITE AND DEVELOPMENT

Location: The application site is a dwelling on the southern side of Ffordd Las which is a residential street to the north of Abertridwr.

Site description: The dwelling is detached with an attached garage to the side and a drive with two parking spaces. It is in a residential area comprised of similar properties.

Development: The description of the development is 'the operation and storage of one/two private hire vehicles'. Information accompanying the application explains that the business is aimed at the hiring of vehicles for day tours of South Wales, starting from 9.00 to 9.30 a.m. returning 5.30 to 6.00 p.m. The vehicle would be an eight seater or a people carrier. Although the description of the development states that permission is sought for up to two vehicles, the information provided explains that the business will open with one vehicle and increase to two if viable.

PLANNING HISTORY

P/97/0905 - Erect dwelling - Granted 24.11.97.

5/5/90/0461 - Erect detached four bedroom house - Granted 15.08.90.

POLICY

Site Allocation

Development Plan: The Mid Glamorgan Structure Plan has no land allocations of direct relevance to this application.

Council Approved UDP: Residential within settlement.

Cont………. Application No. 06/0540/COU Continued.

Policies

Development Plan: There are no policies of direct relevance in the Mid Glamorgan Structure Plan.

Council Approved UDP: Policy E7 (Working from home).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? - No.

Was an EAI required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - No objection subject to conditions limiting the size of vehicles, maintenance and restricting the use to occupants of the dwelling.

Head Of Public Protection - No objection subject to conditions requiring the restriction of hours of operation, no waiting facilities, no maintenance, no radio equipment and a temporary period of 12 months.

Aber Valley Community Council - It is suggested that any consent should be temporary, limited to one vehicle and the hours of operation should be limited 07.00hrs to 23.00hrs.

Extent of advertisement: Neighbouring properties have been consulted.

Response: No response has been received.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? - No.

Cont………. Application No. 06/0540/COU Continued.

ANALYSIS

Policies: Unitary Development Plan policy E7 explains that proposals to use part of a dwelling to allow a small business to operate from home will be permitted provided that the residential use remains the principal use of the property, the residential character and appearance of the property is retained, any additional traffic generated can be accommodated on the existing highway network without an unacceptable impact for surrounding residents, and no persons other than those normally resident will be employed on the premises. The proposed use involves a vehicle that is an eight-seater. Whilst it is possible that it could be parked in the attached garage it is more likely that it will be parked on the drive. It is accepted that many households may have a vehicles of such size as part of a normal domestic use, i.e. camper vans. However two vehicles of this size on the drive of this domestic property would take up all of it and would visually dominate to the extent that it is considered the use would be contrary to policy E7. The submitted details explain that the intention is that the business will start with one vehicle and extend to two only when the business develops. Provided that the business is limited to a single vehicle it is considered that there would still be sufficient drive space retained for a second vehicle/domestic car and mini-bus sized vehicles would not visually dominate to the detriment of the character of the dwelling and the residential street.

The submitted information explains that the use is to be aimed at tourist hire; however from the planning point of view it is considered that such a use would be indistinguishable from other hire use such as a taxi business, thus it would be impracticable to seek to control it by condition. Planning for a vehicle hire business, multiple journeys to and from the property should be expected; such traffic movements could give rise to disturbance to neighbouring properties. It is therefore considered that only temporary consent should be allowed initially to establish whether or not the amenity of residents would be adversely affected. In addition hours of operation should be imposed to exclude nighttime activity. The description of the vehicle to be used is an eight-seater, a condition should be imposed to ensure that larger vehicles are not brought into this residential area without planning consideration.

This application is considered on the basis that the only persons employed in the business would be those residing at the property and there would be no callers to the property, this should be restricted by condition. The size of the vehicle at eight seats should also be controlled to ensure larger vehicles are not brought into this residential area without proper planning consideration.

Cont………. Application No. 06/0540/COU Continued.

Comments from Consultees: Aber Valley Community Council raises valid concerns that the business should be restricted to a scale and level of activity that is acceptable in a residential area. The Environmental Health Department also raise the same concern and recommend that the use should be limited in the first instance to 12 months to assess its impact. Due to the commercial nature of the vehicle hire business it is further suggested that there should not be any repairs or maintenance of the vehicle at the premises. It is suggested that there should not be any use of radio equipment, this would however be difficult to control given that it would not be easy to detect and could be confused with other technologies such as mobile phones or radio hobby use. The Group Manager (Transportation Planning) has also raised concerns regarding the size of the vehicles and the need to limit the use to occupants of the dwelling as discussed above.

Comments from public: None.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) Notwithstanding the details specified on the application subject of this consent the mixed dwelling and vehicle hire use hereby approved shall be limited solely to parking of a single hire vehicle driven only by an occupant of the application dwelling. REASON: In the interests of highway safety and residential amenity.

03) The vehicle hire use shall be limited to the parking of only one such vehicle not exceeding 4.8m in length and having a capacity of not more than eight passengers. REASON: In the interests of highway safety and residential amenity.

04) No repairs or maintenance of the hire vehicle shall be carried out within the application site. REASON: In the interests of highway safety and residential amenity.

Cont………. Application No. 06/0540/COU Continued.

05) Prior to the commencement of the vehicle hire use hereby approved, a start date shall be submitted to and agreed in writing with the Local Planning Authority, the use shall thereafter cease within a period not exceeding twelve calendar months from the agreed start date. REASON: To allow an adequate period of time to assess the impact of the proposed use upon the residential amenity of nearby properties.

06) There shall be no waiting facilities for customers nor shall customers be received at the application site. REASON: In the interests of highway safety and residential amenity.

Advisory Note(s)

The applicant shall be advised that the details he has submitted explain that it is his intention to grow the business until it involves two vehicles, notwithstanding this stated intention the permission granted is for a single vehicle only and it should not be assumed that planning permission would be granted for two or more vehicles to run from the application site.

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: policy DC1.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0542/FULL Mr R Tidy Convert garage at 09.10.2006 22 Dol-Y-Pandy 22 Dol-Y-Pandy Bedwas Bedwas Caerphilly Caerphilly CF83 8HP CF83 8HP

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: 22, Dol-y-Pandy, Bedwas, Caerphilly.

House type: The application site is a detached dwelling on a modern housing estate.

Development: Convert single integral garage to a habitable room, replacement of the garage door with a UPVC window, and matching brickwork.

Dimensions: The garage measures approximately 4.8m x 2.6m internally.

Materials: Red brick built house, with brown interlocking concrete tiled roof.

Ancillary development, e.g. parking: One additional car parking space.

PLANNING HISTORY

P/98/0188 - Erect 166 residential units - Granted 15.07.98.

P/98/0481 - Vary Condition (l) of outline planning consent 5/5/93/0420 to allow commencement of work on site - Granted 24.08.98.

P/05/0650 - Change the use of land to gardren and erect two storey extension - Refused 14.07.05.

P/06/0782 - Retain conservatory - Granted 16.08.06.

5/5/93/0420 - Erect residential development - Granted 14.11.95.

Cont… Application No. 06/0542/FULL Continued.

POLICY

Site allocation

Development plan: Adopted Caerphilly Basin Local Plan – within settlement boundary – allocated for Housing (Pandy Road).

Council Approved UDP: Land within settlement boundary, not allocated.

Policies

Development plan: Policies H1(g) (housing allocation); EV2 (development criteria); EV4(ii) (land reclamation).

Council Approved UDP: Policies DC1 (Development Criteria) and DC4 (Supplementary Planning Guidance); Development Design Guide 2 - ‘Householder Developments’.

CONSULTATION

Group Manager (Transportation Planning) - No objection subject to conditions, and makes comments of which the applicant should be advised.

Bedwas, Trethomas & Machen Community Council - Opposes the conversion of garages into residential accommodation.

Extent of advertisement: Six neighbours notified by letter.

Response: None.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? None.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

Cont… Application No. 06/0542/FULL Continued.

ANALYSIS

Policies: There are two aspects for assessment in this application. The first is whether the loss of a car parking space can be adequately compensated for without detriment to visual amenity, and the second is whether the replacement fenestration is in character. The property has three existing parking spaces (including the garage) which is the requirement for a four bedroom dwelling of this size. The original permission for this housing estate contained a condition ensuring the necessary level of car parking is retained. In order to satisfy the requirements, the applicant should provide a compensatory parking space somewhere within the curtilage. The rear garden is inaccessible to vehicles, thus the additional space would need to be accommodated at the front of the dwelling. In many cases there would be objection to the loss of garden at the front, as the garden would serve to maintain visual amenity in the street scene. However, the plot is approximately 13 metres wide which is adequate to accommodate three parking spaces alongside each other whilst retaining sufficient area for soft landscaping to retain an acceptable level of amenity area to the front of the dwelling. In addition, this dwelling is adjacent to a footpath with associated landscaping which makes a positive contribution to the street scene. The details provided with the submission indicate three spaces but details of the construction of the additional space should be required by condition. The window replacing the garage door is of a style which reflects the character of the existing, and is considered to be acceptable. Subject to conditions, the proposals are therefore compliant with development plan policies and design guidance.

Comments from consultees: The comments of the community council are noted, but for the reasons stated it is considered refusing permission would be unreasonable in this case.

Comments from public: None.

Other material considerations: None.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

Cont… Application No. 06/0542/FULL Continued.

02) Notwithstanding the submitted drawings, before works commence on site details shall be submitted to and approved in writing by the Local Planning Authority which provide three off-street parking space/s within the curtilage of the site. Such provision shall be completed in accordance with the approved details before the development hereby approved is first used and shall be maintained thereafter free of obstruction for the parking of motor vehicles only. REASON: In the interests of highway safety.

Advisory Note(s)

Please find attached the comments of Group Manager (Transportation Planning) that are brought to the applicant's attention.

Development plan policies relevant to conditions: The development plan for this area consists of the Adopted Mid Glamorgan Structure Plan and the Adopted Caerphilly Basin Local Plan, and the Council Approved Unitary Development Plan. Policy EV2 of the latter Adopted plan, and policy DC1 of the Council Approved Unitary Development Plan are of relevance to the conditions imposed on this consent.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0543/FULL Mr C J Smith Erect dormer style bungalow on 09.10.2006 3 Cwrt Llechryd Plot 3 Rear Of Lord Nelson Inn Rhymney Bridge Heol Evan Wynne Tredegar Pontlottyn Bargoed CF81 9PZ

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: Plot 3, land to the rear of Lord Nelson Inn, Pontlottyn.

Site description: The application relates to a plot of land to the north-west of the Nelson public-house, immediately adjacent to the access road which formerly served the now demolished British Legion Club, which is in the process of being redeveloped for housing with access off Heol Evan Wynne. The site forms part of a larger site granted outline- planning approval in 2002 for residential development in respect of three dwellings (P/02/0730). Two recently constructed detached dwellings now occupy two of the plots to the north of the site. To the west at a higher level, is a detached dwelling.

Access to the plot will be provided via the private access road leading off Heol Evan Wynne and also serving the other two dwellings.

Development: Construction of dormer style bungalow. The internal layout of the dwelling comprises a lounge, kitchen/diner, utility room, bathroom, study and bedroom on the ground floor and two bedrooms and a bathroom at first floor level.

Dimensions: The footprint of the dwelling measures 12.9m x 8.2m x 6.3m high.

Materials: The materials to be used in the external finishes of the development include red/brown spectrum face brickwork, cream smooth render and timber panels in the walls, golden oak upvc window casements and red smooth concrete tiles in the roof.

Ancillary development, e.g. parking: Off-street parking within the curtilage of the site.

PLANNING HISTORY

P/04/0571 - Construct two new dwellings on plots 1 and 2 - Granted 08.06.04.

Cont… Application No. 06/0543/FULL Continued.

P/02/0730 - Construct residential development - Granted 16.08.02.

P/01/1229 - Erect residential development - Granted 01.03.02.

POLICY

Site Allocation

Development Plan: Adopted Upper Rhymney Valley Local Plan - within settlement limits.

Council Approved UDP: Policy DC2 - within settlement limits.

Policies

Development Plan: Standard development control criteria contained in Policy EV3 of the Adopted Upper Rhymney Valley Local Plan.

Council Approved UDP:

Policy DC1 - Standard Development Control Criteria.

Policy DC2 - Settlement Boundary.

Policy DC4 - Supplementary Planning Guidance contained in Design Guide 1 - Building Better Places to Live.

Policy H2 states:

Proposals for housing development on windfall and small sites within settlement boundaries will be permitted provided that:-

A. “Neighbouring land uses will not detract from the residential amenity of the development; and, B. The development would not result in insensitive or inappropriate infilling which would spoil the character of an existing residential area.”

Cont… Application No. 06/0543/FULL Continued.

National guidance (par 2.9.9) also encourages good design to be the aim of all those involved in the development process. The guidance states, “the visual appearance of proposed development, its scale and its relationship to its surroundings are material planning considerations and local planning authorities should reject poor designs. External layout, access and setting all need to be considered.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Dwr Cymru - confirms that both foul water and surface water discharges must be drained separately from the site and provides advice to be conveyed to the developer in respect of the same.

Group Manager (Transportation Planning) - has no objection to the development subject to conditions being attached to any consent requiring full engineering details and structural calculations for the proposed retaining walls to be submitted together with details of the surfacing and improvement of the access to the dwellings and the provision of three off-street parking spaces.

Head Of Public Protection - requests a standard condition be attached to any consent in respect of the importation of soils or materials.

Senior Engineer (Land Drainage) - has no objections.

Rhymney Community Council - raises no objection to the proposed development.

Extent of advertisement: The application was advertised on site and neighbouring properties were consulted.

Response: None.

SECTION 17 CRIME AND DISORDER ACT

Cont… Application No. 06/0543/FULL Continued.

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? The applicant is advised to contact the Police architectural liaison officer to discuss Secure by Design principles in the design and construction of the development.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

In the determination of this application, consideration has to be given to the policies quoted above. In this respect given that the policies and proposals in the Council Approved Unitary Development Plan have been through a full process short of formal adoption, they will be given more weight than the older plans and as such are a material consideration when determining planning applications.

The site is included within the settlement boundaries of both the Adopted Upper Rhymney Valley Local Plan and the Council Approved Unitary Development Plan. The site represents a potential windfall site and in this respect has to be considered in terms of Policy H2 of the Council Approved Unitary Development Plan together with standard development control criteria contained in Policy DC1.

It is considered that the development proposed would accord with local plan policies and would be acceptable in terms of scale, form and design. The street scene and character of the area will not be adversely affected by this development. Furthermore, it is considered that the development would not have an unacceptable effect on the residential amenity of neighbouring properties.

Sufficient parking provision and amenity space are provided and there is adequate separation distance between existing habitable room windows to safeguard privacy standards. The concerns of the Group Manager (Transportation Planning), and the Head of Public Protection referred to above may be addressed by attaching appropriate conditions to any consent.

Cont… Application No. 06/0543/FULL Continued.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) Prior to the development commencing, details of the surfacing and improvement of the access to the dwellings from Heol Evan Wynne shall be submitted to and approved by the Local Planning Authority, and thereafter completed prior to the occupation of the dwelling hereby approved. These improvements shall include details of the visibility splays required at the junction to the immediate south of the site. REASON: In the interest of highway safety.

03) Notwithstanding the submitted plans, prior to the commencement of any work involving the construction of retaining walls on site full engineering details and structural calculations for the proposed retaining walls, together with certification from an independent chartered civil or structural engineer that the proposals are structurally adequate and fit for their intended purpose shall be submitted to and agreed by the Local Planning Authority. Following construction of the agreed retaining walls additional certification from an independent chartered civil or structural engineer confirming that the works have been constructed in an appropriate manner and that they are physically fit for their intended purpose shall be supplied to the Local Planning Authority prior to occupation of the approved development. REASON: In the interests of highway safety.

04) Notwithstanding the submitted plans, no works whatsoever shall commence until details have been submitted to and approved in writing by the Local Planning authority, which provide three off-street parking spaces within the curtilage of the site. Such provision shall be completed in accordance with the agreed details prior to beneficial occupation of the development and shall be maintained thereafter free of obstruction for the parking of motor vehicles. REASON: In the interests of highway safety.

Cont… Application No. 06/0543/FULL Continued.

05) Before any soils or hardcore are brought on to site a scheme for its importation and testing for contamination, shall be submitted to and agreed in writing with the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme. REASON: To prevent contamination of the application site in the interests of public health.

Advisory Note(s)

The development plans relevant to this application are the Mid Glamorgan Structure Plan, the Adopted Upper Rhymney Valley Local Plan and the Council Approved Unitary Development Plan. Policy DC1 of the UDP is relevant to conditions attached to this consent.

The applicant is advised of the comments of the Head of Public Protection, Dwr Cymru and the Chief Engineer (Drainage).

The applicant is advised to contact the Police Architectural Liaison Officer to discuss Secure by Design principles in the design and construction of the development hereby approved.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0546/LA CCBC Directorate Of Education Construct extension of path and 18.10.2006 & Leisure steps to allow safe access/egress Education Offices from site away from main road Caerphilly Road junction at Ystrad Mynach Lewis School Pengam Hengoed Gilfach CF82 7EP Bargoed CF81 8LJ

APPLICATION TYPE: Local Authority Application

SITE AND DEVELOPMENT

Location: Lewis School, Pengam, is located at the junction of the A469 with the High Street, Pengam.

Site description: The application site is located within the school grounds adjacent to the southern boundary, which abuts High Street. Bargoed Park is located to the east of the site.

Development: Extension of existing path and steps to allow safe access to the site away from the main road junction. The proposal includes the provision of four lighting columns to illuminate the steps.

Dimensions: The steps are tiered and measure approximately 82 metres in length and lead off the footpath that runs along the front of the school to meet the entrance to Bargoed Park located along High Street.

Materials: Tarmacadam surface, to include hazard paving on steps with galvanised steel tube handrails.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

P/00/0961 - Construct new Secondary School and sports/playing fields - Granted 07.12.00.

P/01/0457 - Extend application boundary originally approved (P/00/0961 - 06.12.00) - Withdrawn 31.07.01.

Cont… Application No. 06/0546/LA Continued.

P/02/0101 - Replace existing bridge with new, to cross A469 - Granted 01.03.02.

P/98/0454 - Erect 1000 place replacement Lewis Boys Secondary School and playing fields - Granted 10.07.98.

P/99/0452 - Erect directional sign board - Refused 30.06.99.

5/5/92/0026 - Replace existing double mobile classroom with new - Granted 13.03.92.

5/5/95/0232 - Replacement of double mobile classroom unit - Granted 22.06.95.

POLICY

Site Allocation

Development Plan: Adopted Mid Rhymney Valley Local Plan - within settlement limits.

Council Approved UDP: Policy DC2 - within settlement limits. Policy CF6(2) - Community facilities.

Policies

Development Plan: Standard development control criteria contained in Policy EV4 of the Adopted Mid Rhymney Valley Local Plan.

Council Approved UDP: Policy DC1 - standard development control criteria.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Environment Agency (Wales) - has no objections.

Group Manager (Transportation Planning) - has no objection.

Cont… Application No. 06/0546/LA Continued.

Extent of advertisement: The application was advertised on site and neighbouring properties were consulted.

Response: None.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? The applicant is advised to contact the Police's Architectural liaison officer to discuss Secure by Design Principles in the design and construction of the development.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies: The works in respect of this proposal have already been carried out and this application seeks to regularise those works. The application is considered to fully comply with local plan policy and design guidance. However it is considered appropriate to attach a condition to any consent requiring the handrails to the steps to be painted green to match the existing fencing used at the school.

Comments from Consultees: There were no objections from statutory consultees.

Comments from public: No objections were received.

Other material considerations: All matters in relation to this proposal have been considered and there are no grounds that would warrant refusal of the application.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

01) The handrails to the steps, as indicated on the approved plans, drawing no:A101 shall be painted green to match the existing fencing erected around the periphery of the school grounds. These works shall be carried out within 6 months of the date of this consent. REASON: In the interests of visual amenity.

Cont… Application No. 06/0546/LA Continued.

Advisory Note(s)

The development plans relevant to this application are the Mid Glamorgan Structure Plan, the Adopted Mid Rhymney Valley Local Plan and the Council Approved Unitary Development Plan. Policy DC1 of the UDP is relevant to conditions attached to this consent.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0548/FULL Cwmfelinfach Community Install youth shelter 17.10.2006 Centre Cwmfelinfach Community Stanley Street Centre at Cwmfelinfach Stanley Street NP11 7HF Cwmfelinfach NP11 7HF

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: The application site adjoins Cwmfelinfach Community Centre, at the junction of New Road and Islwyn Street.

Site description: The site comprises a tarmac area with a kickwall in the north-east corner.

Development: Installation of circular 'youth shelter'.

Dimensions: It would have a diameter 3.6m with a height to apex of 3.6m.

Materials: Galvanised plate roof; plate or mesh sections to part of walls.

PLANNING HISTORY

2/12568 - Community hall with car parking - Granted 20.12.95.

POLICY

Site Allocation

Development Plan: Adopted Islwyn Local Plan - the site lies within the settlement envelope.

Council Approved UDP: The site lies within the settlement boundary.

Cont… Application No. 06/0548/FULL Continued.

Policies

Development Plan: Adopted Islwyn Local Plan - D1-D6 (design of the built environment).

Council Approved UDP: Policies DC1 (development criteria) and CF1 (development of new community facilities).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - No objection.

Extent of advertisement: The occupiers of nine neighbouring properties were notified by letter and a site notice was displayed.

Response: None.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? The proposed shelter may increase the existing attraction of the site for young people, the playing area already being used for informal recreation. However, it is not considered that this possible effect should be ground for refusal of the application, since facilities for all ages within a community should be accommodated. The shelter would form part of the range of community centre facilites which already offer formal and informal opportunities for young people. Should disturbance occur, whether as a result of this proposal or otherwise, it would be a matter for the community centre organisation, and ultimately the Police, to address.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

Cont… Application No. 06/0548/FULL Continued.

ANALYSIS

Policies: Policy CF1 of the Unitary Development Plan states that the development or improvement of community facilities will be permitted if they are appropriately located in relation to the residential area they are intended to serve, and where there is adequate vehicular/pedestrian access and access to public transport. The proposed shelter is a minor addition to the community centre facilties and is considered to comply with the criteria of this policy.

In terms of design, the shelter would have the appearance of a metal-clad pagoda, part open-sided and part enclosed. The site is considerably lower than the level of the main road and Islwyn Street and the shelter would have little visual impact.

Comments from Consultees: Group Manager (Transportation Planning) has no objection to the proposal.

Comments from public: None. The shelter would be approximately 30m from the nearest dwellings on New Road, Stanley Street and Islwyn Street. The earlier section in the report relating to the Crime and Disorder Act contains an analysis of the possible impacts on residential amenity.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0552/FULL Pathfinder Pubs Erect an all weather garden 24.10.2006 Albany House shelter at Albany Road Cwrt Rawlin Inn Wolverhampton Cae Meillion WV1 4ST Caerphilly CF83 1SN

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: Cwrt Rawlin Public House, on the Castle View Housing Estate. The proposal would be located at the south facing front elevation of the public house.

Site description: The proposal would be erected to the front of the Public House on an existing paved outdoor seating area.

Development: The proposal is to erect an all weather terraced garden facility with internal access from the existing bar area. The design of the structure is similar to a typical garden pergola constructed of stained timber with open trellis panels and planter boxes with mature hedging to soften the appearance of the shelter against the front elevation of the existing building.

Dimensions: The shelter would be 7.4 metres wide, 2.2 metres deep, and 2.4 metres in height.

Materials: The shelter would be constructed of timber, translucent thermal plastic sheeting and felt on timber boarding.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

P/02/0951 - Carry out extension, alterations and exterior works at existing licensed premises - Granted 04.10.02.

P/97/0463 - Erect illuminated signs - Granted 14.08.97.

Cont…….. Application No. 06/0552/FULL Continued.

P/97/0591 - Illuminate external car park, pedestrian areas and buildings - Granted 13.08.97.

P/97/0157 - Erect two free standing signs - Granted 14.05.97.

P/97/0027 - Erect public house - Granted 03.03.97.

5/5/95/0378 - Erect retail development to provide a foodstore, 6 industrial units, public house and car parking - Granted 27.09.95.

5/5/90/0667 - Construct principal access roads and drainage systems for residential development - Granted 11.07.91.

5/5/90/0666 - Construct principal access roads and drainage systems for residential development - Deemed Refused 26.01.94.

5/5/85/0715 - Develop land for residential, hotel/public house usage together with related open space provision and highways - Granted 03.07.89.

POLICY

Site Allocation

Development Plan: Adopted Caerphilly Basin Local Plan – within settlement boundary, allocated as housing.

Council Approved UDP: Land within settlement boundary, allocated as committed housing.

Policies

Development Plan: Adopted Caerphilly Basin Local Plan Policy EV2 (development criteria), H1(a) Cwm Farm (housing allocation).

Council Approved UDP: DC1 (Development Criteria) and DC4 (Supplementary Planning Guidance); Policy HC(28) Cwm Farm.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Cont………. Application No. 06/0552/FULL Continued.

Was an EIA required?: Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - No objection.

Extent of advertisement: Site notice erected and twenty-two neighbours notified by post.

Response: None.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? None.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies: The design of the proposal would not fundamentally alter the appearance of the front elevation of the Public House, nor would it be out of keeping with the character of the existing building. It would be constructed of acceptable materials. The proposal would not result in the loss of any parking or storage areas, but would result in the continued use of an existing small outdoor seating area at times of inclement weather conditions. The proposal complies in all respects with the relevant development plan policy criteria, and is therefore considered to be acceptable.

Comments from Consultees: None.

Comments from public: None.

Other material considerations: None.

Cont………… Application No. 06/0552/FULL Continued.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0558/FULL Mr P Harris Construct extension to 12.10.2006 The Market Tavern accomodate disabled w.c and Market Place internal alterations at Abercarn The Market Tavern Market Place Abercarn NP11 5GR

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: On the southern side of Market Place at the centre of Abercarn.

Site description: The premises are a terraced public house served by a small rear yard, with a public house to the west, a residential property to the east. It opens directly on to Market Place on the north and a rear lane on the south.

Development: It is proposed to construct an extension to accommodate a disabled w.c and internal alterations.

Dimensions: The extension would be 1.9 metres wide by 3.6 metres, and 2.7 metres high.

Materials: External finishes of the proposal would be a felt roof cover and rendered walls to match existing.

PLANNING HISTORY

No previous planning history recorded at this property.

POLICY

Site Allocation

Development Plan: Adopted Islwyn Local Plan - the site is within the settlement envelope.

Council Approved UDP: Land within the settlement boundary.

Cont… Application No. 06/0558/FULL Continued.

Policies

Development Plan: Adopted Islwyn Local Plan - Policies D1-D6 (design of the built environment).

Council Approved UDP: DC1 (Standard Development Control Criteria), and DC4 (Supplementary Planning Guidance).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - No objection.

Extent of advertisement: Five neighbours notified by letter and site notice has been posted.

Response: None.

Summary of observations: None.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

Cont… Application No. 06/0558/FULL Continued.

ANALYSIS

Policies: This is a small extension to provide accessible toilet facilities. It will not have any significant impact on the townscape, the host building or the access to waste facilities that is shared with the adjoining public house. The development conforms to policies in the Adopted Islwyn Local Plan and the Council Approved Unitary Development Plan.

Comments from Consultees: Group Manager (Transportation Planning) has raised no objection.

Comments from public: None.

Other material considerations: The development is considered acceptable in all other respects.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

Advisory Note(s)

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: DC1.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0574/LA CCBC Erect single storey office 17.10.2006 NCS Offices extension for purpose of Penmaen Road Depot additional office Penmaen Road accommodation at Pontllanfraith CCBC NCS Offices NP12 2DY Penmaen Road Depot Penmaen Road Pontllanfraith NP12 2DY

APPLICATION TYPE: Local Authority Application

SITE AND DEVELOPMENT

Location: At the northern end of the Penmaen Industrial Estate adjoining the southern side of the Sirhowy Enterprise Way link road.

Site description: The site comprises a single-storey office building with associated parking areas. It is bounded to the north by the SEW link road with new housing on its northern side, to the east by commercial premises and to the west and south by the Council depot on lower land.

Development: Erection of single-storey office extension.

Dimensions: 7.7m x 8.5m with a height of 4m to the ridge.

Materials: Rendered walls and profile steel roof sheets to match existing.

PLANNING HISTORY

P/02/1316 - Erect new salt barn - Granted 05.12.02.

POLICY

Site Allocation

Development Plan: Adopted Islwyn Local Plan - the site lies outside the settlement envelope.

Cont………. Application No. 06/0574/LA Continued.

Council Approved UDP: The site lies within the settlement boundary and an existing employment site.

Policies

Development Plan: Adopted Islwyn Local Plan - Polcies D1-D6 (design of the built environment).

Council Approved UDP: Policies DC1 (development criteria) and E2 (protection of existing industrial premises).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - No objection.

SEW Ltd - No comments received.

Extent of advertisement: The occupiers of two dwellings on the opposite side of the SEW link road were notified by letter and a site notice was displayed.

Response: None (the period for receipt of observations expires on 27 November and any received between the preparation of the report and the date of the Committee will be reported verbally).

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

Cont………. Application No. 06/0574/LA Continued.

ANALYSIS

Policies: Policy E2 of the Council Approved Unitary Development Plan states that the expansion of premises in B1/B2/B8 uses will be permitted on existing designated industrial sites.

In design terms, the extension would extend the form and finishes of the existing building and is considered to be acceptable. It would have little visual impact outside the site.

Comments from Consultees: Group Manager (Transportation Planning) has no objection to the proposal.

Comments from public: None. The extension would have no adverse impacts on neighbouring occupiers.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0575/FULL Whitbread Group PLC Erect two storey linen room 17.10.2006 Houghton Hall Business Park extension in addition to Porz Avenue previously approved Dunstable Application No. 06/0065/FULL LU5 5XE at Premier Travel Inn Corbetts Lane Pwllypant Caerphilly CF83 3HX

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: The application site is a hotel/motel that is to the rear of the Cedar Tree public house with a shared access onto the Pwllypant roundabout.

Site description: The site comprises of a 42 room hotel set in its own grounds with a car park of 42 spaces. To the front it faces the A469, to the rear is open countryside. Planning permission has been granted for a two-storey extension of 20 room capacity together with a rearranged car park layout (06/0065/FULL).

Development: This application is for the addition of a linen room on each floor to the rear of the recently approved extension.

Dimensions: There are two linen rooms with floor areas of 16 square metres.

Materials: To match the approved extension.

PLANNING HISTORY

P/05/0377 - Erect sign - Granted 05.05.05.

P/04/1521 - Remove Condition (F) of planning consent 5/5/95/0277 requiring that hotel and restaurant are operated in association - Granted 18.11.04.

P/00/0659 - Erect fascia signs and logo and freestanding monolith sign - Granted 25.08.00.

Cont… Application No. 06/0575/FULL Continued.

5/5/95/0277 - Erect new 40 bed hotel on site of public house/restaurant - Granted 20.10.95

5/5/96 0186 - Erect signs on new hotel - Granted 29.07.96.

5/5/91/0044 - Provide an open air market on 2 days per week - Refused 14.03.91.

06/0065 - Erect two storey hotel extension with associated car parking - Granted 14.09.06.

POLICY

Site Allocation

Development Plan: Adopted Caerphilly Basin Local Plan - The land is outside the settlement boundary.

Council Approved UDP: The land is outside the settlement boundary in a green wedge.

Policies

Development Plan: There are no policies of direct relevance to this proposal in the Adopted Caerphilly Basin Local Plan.

Council Approved UDP: Policies C14 (Green Wedges) and C3 (Extension of buildings in the countryside), and Policy DC1 (development control criteria).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? - No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - no objection.

Head Of Public Protection - no objection.

Cont… Application No. 06/0575/FULL Continued.

Extent of advertisement: The application has been advertised on site and neighbouring properties have been consulted.

Response: No response has been received.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? - No.

ANALYSIS

Policies: The application site is in a green wedge outside the settlement boundary; however, it is within the curtilage of an existing hotel that is linked to a public house that is within the settlement. The existing building therefore is not an isolated structure in the open countryside. The proposed extension is sited to the rear of a previously approved extension thus it will have very little visual impact. The building is visually linked to the built environment of the settlement, thus the extension should not have a material impact upon the visual amenity of the green wedge. Nor does it introduce a new use into the green wedge, which would be contrary to the coalescence principle of Policy C14.

The extension is in the countryside therefore Policy C3 must be considered. C3 requires that extensions should not have an unacceptable impact upon the visual amenity of the surrounding area and that they should be well related to the host building. The visual impact upon the surrounding area is limited as explained above. The design of the extension is in the same modern style and materials as the host. It is only a small ancillary set of linen rooms to serve the previously approved extension. The proposal does not therefore undermine original character of the building contrary to the principle of Policy C3.

Comments from Consultees: Group Manager (Transportation Planning) and Head of Public Protection raise no objection.

Comments from public: None.

Cont… Application No. 06/0575/FULL Continued.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

Advisory Note(s)

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: policy DC1.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0584/FULL Mr P Gilbert Construct off road car parking 18.10.2006 25 Parc Terrace area at Senghenydd 25 Parc Terrace Caerphilly Senghenydd CF83 4HG Caerphilly CF83 4HG

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: The application site is on the west side of Parc Terrace overlooking Grove Terrace.

House type: Terraced.

Development: Raised car parking area/hard stand to rear work has already commenced on the development.

Dimensions: 5.5 metres by 4.5 metres with finished slab level at approximately the height of the first floor windows of the dwelling.

Materials: Rendered concrete block work and surface.

Ancillary development: 1.1 metre high fence around parking area.

PLANNING HISTORY

No previous planning history.

POLICY

Site Allocation

Development Plan: There are no allocations of relevance in the Adopted Mid Glamorgan Structure Plan.

Council Approved UDP: Residential within settlement.

Cont… Application No. 06/0584/FULL Continued.

Policies

Development Plan: There are no policies of direct relevance in the Adopted Mid Glamorgan Structure Plan.

Council Approved UDP: Policy DC1 (development criteria) and design Guide No. 2 (Householder Developments).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? - No.

CONSULTATION

Group Manager (Transportation Planning) - No objection.

Extent of advertisement: The application has been advertised on site and neighbouring properties have been consulted.

Response: No response has been received.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? It is considered that the proposed development will not affect crime and disorder in the area. The provision of off-street parking may arguably reduce the potential for car crime.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? - No.

Cont… Application No. 06/0584/FULL Continued. ANALYSIS

Policies: Design guidance does not directly require privacy with regard to raised parking areas however this is clearly an issue as the hardstand in question is level with the windows of the application dwelling and others in the terrace. The road to rear of this particular terrace is the frontage of another row of terraced properties. Consequently there is an already very low privacy as there is a very high level of overlooking. The proposed hardstand should not therefore materially reduce the existing situation. The hardstand is level with the windows of the terrace thus there is a concern that car headlights would shine into the windows, this is overcome by a small fence, that should be required by condition to be completed prior to parking use commencing. The fence itself is relatively high and close to the rear of the terrace, thus it is visually overbearing. Again this is not considered to be an unacceptable departure from the existing situation that is characterised by rear elevations that are already well below the ground level of the road to the rear.

Comments from consultees: Group Manager (Transportation Planning) raises no objection.

Comments from public: None.

Other material considerations: None.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) The fence that is to be added to the hardstand as shown in the submitted details shall be completed before it is used for car parking and it shall thereafter be maintained in place at all timed as hereby approved. REASON: To ensure that glare from vehicle headlights does not unacceptably affect near by dwellings.

Advisory Note(s)

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: policy DC1.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0586/OUT Mr W J Duffell Erect eight detached two storey 18.10.2006 Gwaun Gledyr dwellings on existing field on Penrhos Land Adj. To Gwaun Gledyr Nantgarw Penrhos Caerphilly Nantgarw CF15 7UN Caerphilly

APPLICATION TYPE: Outline Application

SITE AND DEVELOPMENT

Location: The application site is a field to the east of Caerphilly close to the southern boundary of the County Borough, accessed from Old Nantgarw Road opposite the Penrhos garden centre.

Site description: The field is slightly sloping, currently in pasture and is accessed via a short section of single-track lane from the Old Nantgarw Road.

Development: This is an outline application for eight detached two-storey dwellings with all matters reserved for subsequent approval. The submitted details show eight residential plots set out along a single road that terminates in a roundabout. The overall size of the site is approximately 1.6 hectares.

PLANNING HISTORY

No previous planning history.

POLICY

Site Allocation

Development Plan: Adopted Caerphilly Basin Local Plan - Land outside the settlement in the countryside.

Council Approved UDP: Land outside the settlement in the countryside.

Cont……….. Application No. 06/0586/OUT Continued.

Policies

Development Plan: Adopted Caerphilly Basin Local Plan Policy EV1 (Presumption against development outside the settlement boundary).

Council Approved UDP: Policy DC1 (development criteria) and Policy DC2 (development beyond the settlement boundary).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? - Yes.

Was an EIA required? No.

CONSULTATION

Gwent Wildlife Trust - No response.

Dwr Cymru - No detailed drainage comment is provided as the applicant has stated that the drainage of the site will not be to the public sewerage system. It is advised that the cost of providing a water supply may require a contribution from the developer.

Head Of Public Protection - A concern is raised due to the possibility of noise disturbance from the aviation factory on Nantgarw Road and a noise assessment is recommended. The testing of any imported soils is also recommended.

Group Manager (Transportation Planning) - has no comments at this point as the site is outside the settlement where residential development would not be allowed normally.

Senior Engineer (Land Drainage) - It is pointed out that the details of drainage should be agreed prior to the commencement of the development.

Wales & West Utilities - There are no gas services in the area of enquiry.

Western Power Distribution - The presence of electricity lines within the site is pointed out.

Head Of Public Services - Off-road storage for refuse should be provided. It is advised that collection points should be from the adopted highway.

Police Architectural Liaison Officer - It is advised that consideration should be given to security design features that may be incorporated in the proposed development.

Cont………. Application No. 06/0586/OUT Continued.

Parks And Open Spaces - No objections.

Penyrheol, Trecenydd and Energlyn Community Council - The application site is outside the settlement boundary and as such approval would set an unacceptable precedent- making refusal of further applications very difficult.

Extent of advertisement: The application has been advertised on site and neighbouring properties have been consulted.

Response: One response has been received from the Campaign for the Protection of Rural Wales. Objection is raised to non-essential residential development outside the settlement boundary.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? It is considered that the proposed development will not affect crime and disorder in the area. The Police Architectural Liaison Officer has provided advice on scheme by design matters.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? - No.

ANALYSIS

Policies: Adopted Caerphilly Basin Local Plan Policy EV1 and Council Approved Unitary Development Plan Policy DC2, both presume against development outside the settlement boundary where it is not necessary for a specific purpose such as agriculture. This application for the residential development of a green field that is not supported by any justification, it is therefore contrary to policy.

Comments from Consultees: The observations of Penyrheol, Trecenydd and Energlyn Community Council supports the policy reason for refusal of the proposed development.

Cont………. Application No. 06/0586/OUT Continued.

The observations of Dwr Cymru and Senior Engineer (Land Drainage) highlight the lack of information to demonstrate that the site can be adequately drained; however, in view of the clear policy reasons for refusal no further information has been sought. Similarly the Head of Public Protection has raised a concern due to the possibility of noise disturbance from a factory on Nantgarw Road; again in view of the policy reason for refusal, a noise assessment has not been required.

The observations Wales & West Utilities, Western Power Distribution, the Head of Public Protection and the Police Architectural Liaison Officer are noted.

Comments from public: The objection from the Campaign for the Protection of Rural Wales supports the policy reason for refusal.

Other material considerations: - None.

RECOMMENDATION that Permission be REFUSED

The reason(s) for the Council’s decision is/are:

01) The proposed residential development outside the settlement boundary is contrary to Adopted Caerphilly Basin Local Plan Policy EV1 and Council Approved Unitary Development Plan Policy DC2.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0594/FULL Mr P Walden Erect postmans security 19.10.2006 Royal Mail Planning container on Land At Corner Of 220 Penarth Road Beech Tree Way Cardiff Nelson CF11 8TA Treharris

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: Junction of Beech Tree Way and Mountain Way, Nelson.

Site description: Back edge of the pavement adjacent to the boundary wall of no 2A Beech Tree Way.

Development: Postman's Security Container.

Dimensions: The container would be 450mm wide, 400mm deep and 1000mm high, standing on a pedestal that gives an overall installed height of 1360mm.

Materials: The container is fabricated from stainless steel with an epoxy polyster stove cured paint topcoat.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

No previous planning history.

POLICY

Site Allocation

Development Plan: Within settlement limits in the Adopted Nelson and Treharris Local Plan.

Cont… Application No. 06/0594/FULL Continued.

Council Approved UDP: Within settlement limits.

Policies

Development Plan: There are no policies of direct relevance in the Adopted Nelson and Treharris Local Plan.

Council Approved UDP: Policy DC1 (general development control criteria).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - No objection subject to the exact location of the proposed security container being reserved for further approval.

Extent of advertisement: Neighbour notification and site notice.

Response: None

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies: The general location, size and design of the container are acceptable and do not conflict with relevant policy.

Cont… Application No. 06/0594/FULL Continued.

Comments from Consultees: Group Manager (Transportation Planning) has requested that the final position of the container be reserved for further consideration and this can be dealt with by a condition.

Comments from public: None.

Other material considerations: None.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) Notwithstanding the submitted drawings, the precise position of the container hereby approved shall be agreed with the Local Planning Authority before it is installed. REASON: In the interests of highway safety.

Advisory Note(s)

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: policy DC1..

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0599/COU Mr & Mrs Kaur Change the use of ground floor 19.10.2006 1 & 2 Church Street of No. 2 Church Street to shop Rhymney for use in association with No. 1 Church Street (Costcutters) 1 & 2 Church Street Rhymney NP22 5HL

APPLICATION TYPE: Change of Use

SITE AND DEVELOPMENT

Location: 1 and 2 Church Street, Rhymney are at the junction of that road with Price Street.

Site description: This is a two-storey, terraced, residential, property located within a predominantly residential area within the settlement limits of Rhymney. Residential dwellings are located along the terrace to the south. To the rear (east) of the property is a detached dwelling. Costcutters (No.1 High Street) the store, with flat above is located next to the property at the end of the terrace.

Development: Extension of No.1 High Street (Costcutter shop) to include the ground floor of No. 2 High Street with one flat at first floor level over the new shop area created at No.1 and No.2 High Street.

Dimensions: The increased floor area of the shop amounts to approximately 54 square metres. The first floor flat above the shop area comprises living room, four bedrooms, dining room/kitchen, bathroom, w.c. and shower room. The development includes a new shop front at No.2 High Street with roller shutter.

Materials: No details have been provided of the new roller shutter.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

P/04/1175 - Erect extension to rear of shop - Granted 15.09.04.

Cont… Application No. 06/0599/COU Continued.

5/5/90/0313 - Erect projecting sign in hardwood with sand coloured foamex and red vinyl lettering - Granted 04.07.90.

POLICY

Site Allocation

Development Plan: Adopted Upper Rhymney Valley Local Plan -within settlement limits.

Council Approved UDP: Policy DC2 - within settlement limits.

Policies

Development Plan: Standard development control criteria contained in Policy EV3 of the Adopted Upper Rhymney Valley Local Plan.

Council Approved UDP:

Policy R6 - Small Retail Proposals Outside Town, District and Local Centres states:-

"Outside the town, district and local centres defined in policies 1R and R1, new small retail units, or proposals for change or use to small retailing units, will not be permitted if the proposal, either in itself, or cumulatively with other approved retail developments, recently completed developments, and plan commitments would undermine the vitality and viability of those defined centres;

A unless the proposal is to serve neighbourhood needs; or

B unless the proposal is ancillary, and appropriate, to another commercial use."

The development has been assessed against general development control criteria contained in Policy DC1 of the Council Approved Unitary Development Plan.

Policy 1DC is also relevant and requires that proposals for development will only be permitted if they meet specified criteria and if they are consistent with the underlying principles of good design, sustainability and maintaining the identity and vitality of settlements.

Cont… Application No. 06/0599/COU Continued.

National guidance also encourages good design to be the aim of all those involved in the development process. Planning Policy Wales Technical Advice Note 12: Design states, "The visual appearance of proposed development, its scale and its relationship to its surroundings are material considerations in determining planning applications and appeals".

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - has no objection to the proposal but provides an advisory note to be conveyed to the developer in respect of the provision of off-street parking.

Head Of Public Protection - has no adverse comments.

Rhymney Community Council - raises no objection to the development.

Extent of advertisement: The application was advertised on site and neighbouring properties have been consulted.

Response: None.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? There are no specific crime and disorder implications arising from this application, but the applicants are advised to adopt Secure by Design principles.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

Cont… Application No. 06/0599/COU Continued.

ANALYSIS

In the determination of this application, consideration has to be given to the policies quoted above. In this respect given that the policies and proposals in the Council Approved Unitary Development Plan have been through a full process short of formal adoption, they will be given more weight than the older plans and as such are a material consideration when determining planning applications.

The site is included within the settlement boundaries of both the Adopted Upper Rhymney Valley Local Plan and the Council Approved Unitary Development Plan. The development has been considered with regard to current local plan policies and national planning guidance. The policies of particular relevance to this application are Policies DC1 and R6 of the Council Approved Unitary Development Plan.

In this respect it is considered that the proposed change of use would not undermine the vitality and viability of defined centres, and would provide a local service. It would not have a detrimental effect upon the amenity of neighbouring properties or surrounding areas.

It is considered that the proposed change of use of the ground floor of the residential dwelling at no.2 High Street and the provision of one flat above no.1 and no.2 High Street will not harm the character of the existing buildings. However, it is considered appropriate to attach a condition to any consent requiring details of the roller shutter to be submitted for consideration and agreement with the Local Planning Authority.

It is also considered that the development proposed would accord with local plan policies and is therefore acceptable in planning terms.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

Cont… Application No. 06/0599/COU Continued.

02) The consent shall not extend to the detail shown on the submitted drawings in respect of the roller shutter. Prior to the commencement of the development revised details of the roller shutter shall be submitted to and agreed in writing by the Local Planning Authority. The roller shutter shall be completed in accordance with the agreed details prior to the commencement of the use hereby approved. REASON: In the interests of highway safety.

Advisory Note(s)

The development plans relevant to this application are the Mid Glamorgan Structure Plan, the Adopted Upper Rhymney Valley Local Plan and the Council Approved Unitary Development Plan. Policy DC1 of the latter plan is relevant to conditions attached to this consent.

The applicants are advised of the comments of the Group Manager (Transportation Planning).

The applicants are advised to contact the Police's Architectural Liaison Officer to discuss Secure By Design principles in the design and construction of the development hereby approved.

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0603/FULL Mr A Griffiths Erect kitchen and bedroom with 23.10.2006 80 Gelligaer Road en-suite extension Cefn Hengoed 80 Gelligaer Road Hengoed Cefn Hengoed CF82 7HL Hengoed CF82 7HL

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: The application property is within a residential area within the settlement limits of Gelligaer.

House type: The application property is a semi-detached dwelling with an existing single storey extension to the rear. There is an extension on the adjacent dwelling at 79 Gelligaer Road whilst there is a bungalow at 81.

Development: The application seeks full planning consent for the erection of a two-storey extension to the rear of the dwelling.

Dimensions: The extension will be L-shaped on the ground floor being 7.3m long at its longest point and will be 5.3m wide for a length of 4.95m and 3.4m for the remainder. The extension will be 4.95m by 5.3m on the first floor.

Materials: The extension will be finished in materials to match the main dwelling.

Ancillary development, e.g. parking: None.

PLANNING HISTORY No previous planning history.

POLICY

Site allocation

Development plan: The application property is within settlement limits in the Adopted Mid Rhymney Valley Local Plan.

Council Approved UDP: Within settlement limits.

Cont’d… Application no. 06/0603/FULL Continued

Policies

Development plan: Policy EV4 of the Adopted Mid Rhymney Valley Local Plan provides general development control criteria against which all applications should be assessed.

Council Approved UDP: Policy DC1 (Standard Development Control Criteria).

Guidance Note 2 to the Adopted Development Design Guide 2 for householder development gives advice on the size, shape and position of extensions and conservatories.

Planning Policy (Wales) March 2002: No relevant policies.

CONSULTATION

Group Manager (Transportation Planning) - No objection.

Extent of advertisement: The application was advertised by means of neighbour letters.

Response: One letter has been received.

Summary of objections:

- loss of sunlight to rear bedrooms; - loss of view; - overshadow back yard.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

Cont’d…

Application No. 06/0603/FULL Continued

ANALYSIS

Policies: The application has been considered in accordance with local plan policy and supplementary planning guidance.

Comments from consultees: There were no objections received from statutory consultees.

Comments from public: There are no objections received from members of the public.

Other material considerations: The main point to consider in the determination of this application is whether the proposal would have a detrimental impact on the amenity of the adjacent dwelling. In that regard members are advised that whilst the application does not comply with the adopted design guide the degree of overshadowing that would be caused is not considered sufficient to warrant refusal of the application.

The neighbouring property also has a single storey rear extension of a similar length to the proposed extension, which would screen the proposal. There would be some effect on first floor windows but this would not be as critical as any impact on ground floor living room windows.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

______

Code No. and Date Name and Address of Applicant Description and Location of Received Proposed Development

06/0608/FULL Mr & Mrs J Mcilhiney Erect two storey extension to 24.10.2006 29 Clos Gwastir existing dwelling at Castle View 29 Clos Gwastir Caerphilly Castle View CF83 1TD Caerphilly CF83 1TD

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: The application building is in a residential street in the Castle View area of Caerphilly.

House type: Detached dwelling in a street of detached dwellings.

Development: Permission is sought for a two-storey rear extension.

Dimensions: The footprint of the extension is 7.6 metres (the full width of the rear elevation) by 3.6 metres into the rear garden.

Materials: To match the existing.

PLANNING HISTORY

5/5/96/0102 - Erect three dwellings with garages and associated works - Granted 30.05.96.

5/5/95/0661 - Erect 36 two-storey dwellings with garages and associated works - Granted 15.02.96.

5/5/95/0662 - Erect 36 two-storey dwellings with garages and associated works - Withdrawn 22.02.96.

5/5/95/0194 - Erect 31 dwellings - Granted 19.10.95.

5/5/95/0190 - Erect 33 dwellings - Withdrawn 24.10.95.

Cont… Application No. 06/0608/FULL Continued.

5/5/90/0666 - Construct principal access roads and drainage systems for residential development - Deemed Refused 26.01.94.

5/5/85/0715 - Develop land for residential, hotel/public house usage together with related open space provision and highways - Granted 03.07.89.

POLICY

Site Allocation

Development Plan: Adopted Caerphilly Basin Local Plan - Land identified for residential development within settlement.

Council Approved UDP: Residential within settlement.

Policies

Development Plan: Adopted Caerphilly Basin Local Plan Policy EV2 (Scale, layout, materials and design in keeping with surrounding).

Council Approved UDP: Design Guide No. 2 (Householder developments) and Policy DC1 (Standard Development Control Criteria).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? - No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - No objection.

Extent of advertisement: Neighbouring properties have been consulted.

Response: One letter of objection has been received.

Cont… Application No. 06/0608/FULL Continued.

Summary of observations:

1. The first floor side elevation window as proposed although obscure glazed will overlook the garden and bedroom window of the property to the south. 2. If a window is approved it should be obscurely glazed and fixed. 3. The extension will be visually overbearing and cause the rear garden to be 'almost entirely enclosed by brick walls'. 4. No access for construction will be allowed from the neighbouring property.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? - No.

ANALYSIS

Policies: Design Guidance, Policies EV2 and DC1 require that extensions should be well designed and in keeping with the character of their surroundings. The proposed extension has a roof pitch, fenestration and materials that match the host building thus it is in keeping with the character of the host. It is entirely to the rear of the property where it will have no material impact upon the street scene and the character of the area. Ample rear garden space is retained for the amenity of the residents. The proposed extension is considered to be in accordance with design guidance and policy.

Comments from consultees: Group Manager (Transportation Planning) raises no objection.

Comments from public: A letter from one of the neighbouring dwellings raises a valid concern that one of the proposed windows although obscure glazed is of an opening type that would allow it to be opened affording a view down into the adjacent rear garden and a partial view of a very close bedroom window. The applicants have provided revised details reducing that window to a high level type that should provide adequate privacy.

Cont… Application No. 06/0608/FULL Continued.

It is suggested that the extension would be visually overbearing and almost completely enclose the neighbour's garden in brick. This is not considered to be an accurate description of the proposed situation. The neighbouring dwelling is set forward from the application building so that the existing rear of the application building is 4 metres out from the rear of the neighbouring dwelling. The proposed extension would raise that distance to approximately 7.5 metres. As the boundary of the neighbouring rear garden is approximately 30.5 meters in length (excluding the dwelling in question) the suggestion that the 7.5 metre section would result in the neighbouring garden being 'almost entirely enclosed by brick walls' cannot be substantiated. In addition the extension is set away from the boundary by one metre and it is directly to the north where it will not cause shadow to fall on the neighbouring garden. It is therefore considered that this 3.7 metre extension to the existing dwelling is not unacceptably overbearing.

The neighbour has stated that he will not allow access for the construction of the extension. This is a matter for the parties involved to resolve if a solution is required.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

03) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification) the first floor side elevation (north & south) window/s facing neighbouring dwellings shall be glazed with obscure glass and any replacement or repair shall only be with obscure glass. REASON: In the interests of residential amenity.

Cont… Application No. 06/0608/FULL Continued.

05) The development hereby permitted shall be carried out only in accordance with the following plans and other submitted details:the plans received on 10th November 2006 (or any plans or details subsequently agreed in writing by the Local Planning Authority as an amendment to the approved plans). REASON: To ensure that the development is carried out only as approved by the Local Planning Authority.

Advisory Note(s)

The following policy of the Adopted Caerphilly Basin Local Plan is relevant to the conditions of this permission: EV2.

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: DC1.