Mewn Perthynas Â Cheisiadau Y Mae Gan Y Cyngor Ddiddordeb Ynddynt

ADRODDIAD PENNAETH CYNLLUNIO, CYFARWYDDIAETH YR AMGYLCHEDD

REPORT OF THE HEAD OF PLANNING, DIRECTORATE OF ENVIRONMENT

AR GYFER PWYLLGOR CYNLLUNIO CYNGOR SIR CAERFYRDDIN/

TO CARMARTHENSHIRE COUNTY COUNCIL’S PLANNING COMMITTEE

AR 10 MAI 2016 ON 10 MAY 2016

I’W BENDERFYNU/ FOR DECISION

Mewn perthynas â cheisiadau y mae gan y Cyngor ddiddordeb ynddynt un ai fel ymgeisydd/asiant neu fel perchennog tir neu eiddo, atgoffir yr Aelodau fod yn rhaid iddynt anwybyddu’r agwedd hon, gan ystyried ceisiadau o’r fath a phenderfynu yn eu cylch ar sail rhinweddau’r ceisiadau cynllunio yn unig. Ni ddylid ystyried swyddogaeth y Cyngor fel perchennog tir, na materion cysylltiedig, wrth benderfynu ynghylch ceisiadau cynllunio o’r fath.

In relation to those applications which are identified as one in which the Council has an interest either as applicant/agent or in terms of land or property ownership, Members are reminded that they must set aside this aspect, and confine their consideration and determination of such applications exclusively to the merits of the planning issues arising. The Council’s land owning function, or other interests in the matter, must not be taken into account when determining such planning applications.

COMMITTEE: PLANNING COMMITTEE

DATE: 10 MAY 2016

REPORT OF: HEAD OF PLANNING

I N D E X - A R E A W E S T

REF. APPLICATIONS RECOMMENDED FOR APPROVAL

W/33456 Extension to rear elevation 2 storey with part over existing single storey at Caer y Glyn, Cwmduad, Carmarthen, SA33 6XJ

W/33559 First floor balcony at Old House, Castle Hill Farm, Llansteffan, Carmarthen, SA33 5JX

APPLICATIONS RECOMMENDED FOR APPROVAL

Application No W/33456

Application Type Full Planning

Proposal & EXTENSION TO REAR ELEVATION 2 STOREY WITH PART Location OVER EXISTING SINGLE STOREY AT CAER Y GLYN, CWMDUAD, CARMARTHEN, SA33 6XJ

Applicant(s) EDRYD AND LLINOS JONES, CAER Y GLYN, CWMDUAD, CARMARTHEN, SA33 6XJ

Agent HAROLD METCALFE PARTNERSHIP - CERI EVANS, 32 SPILMAN STREET, CARMARTHEN, SA31 1LQ

Case Officer David Roberts

Ward Cynwyl Elfed

Date of validation 03/03/2016

CONSULTATIONS

Cynwyl Elfed Community Council – No observations received to date

Local Member - County Councillor H I Jones is a Member of the Planning Committee and has not made any prior comment on the application.

Dwr Cymru/Welsh Water – Indicated that a public sewer crosses the site but it is considered that there is sufficient separation to the proposal.

Neighbours/Public – The application has been publicised by the posting of a notice at the application site. No representations received to date.

RELEVANT PLANNING HISTORY

There is no relevant planning history on the application site.

APPRAISAL

This proposal is being reported to the Planning Committee as the applicant is a member of staff within the Planning Services Division.

THE SITE

The application site consists of a detached property located on the eastern flank of the A484 road which runs from Carmarthen to Cardigan, immediately to the north of the village public house Yr Afon Duad at Cwmduad village. The property consists of a two storey dwelling that is set back from the highway and within its own extensive garden.

The dwelling is located in a prominent position on the highway and is of traditional appearance with hipped roof and white rendered walls.

THE PROPOSAL

The application seeks full planning permission for the construction of a rear extension onto the rear of the dwelling. Part of the extension is two storeys along the northern end of the dwelling. This extension is formed by adding a first storey room above an existing ground floor room that is also extended in length by a further 3.1 metres on two storeys. A further enlarged sun lounge is to be constructed onto the southern portion of the rear elevation. The extension is proposed to accommodate an extended kitchen/ diner on the ground floor, with a bathroom and additional bedroom on the first floor.

The extensions are intended to be finished in materials to match the existing dwelling, rendered walls under a slate roof. The rear elevation of the two storey extension is proposed to have a hipped roof to match the existing. The windows and doors of the extensions are intended to have upvc windows to match the existing house.

PLANNING POLICIES

In terms of the application's policy context, reference is made to the following Carmarthenshire Local Development Plan policies:-

Policy GP1 is a general planning policy which covers sustainability and design principles. The policy requires that proposals conform to and enhances the character and appearance of the site in terms of siting, appearance, scale, height, massing and detailing.

Policy GP6 relates to extensions and indicates that proposals must conform to a number of criteria that relate to the scale of extensions being subordinate and compatible; that the external appearance complements that of the existing building; that there is no adverse effects on the natural environment or the setting of the historic environment; that the amenities of neighbouring developments are not adversely affected and that the use of the proposed extension is compatible with the existing building.

THIRD PARTY REPRESENTATIONS

There are no third party representations received for this proposed development. Since a bat scoping report accompanied the application the Planning Ecologist was consulted on the application and accepted the conclusions of that document. It is noted that the extension is unlikely to have potential to affect bats and recommended that a condition be imposed in relation to the implementation of the proposed development.

CONCLUSION

In light of the information provided and careful consideration it is believed that the proposed scheme is acceptable. The principle of extending the property is considered acceptable. The proposed design is subservient to the original dwelling and the scale is considered appropriate. The finishes match the host dwelling and the proposal is not considered to adversely affect the amenity of the occupiers of any neighbouring residential properties

Having considered the above the proposed development is considered to be compliant with the policies of the Carmarthenshire Local Development Plan, and therefore the application is put forward with the recommendation of approval subject to the following appropriate conditions.

RECOMMENDATION – APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development hereby permitted shall be carried out in accordance with the following schedule of plans:

 1:1250 scale Location Plan received 29th February 2016;  1:500 scale Block Plan received 29th February 2016;  Revised 1:100 scale Proposed Elevations, drawing number 5A received 17th March 2016;  Revised 1:50 scale Proposed Floor Plans, drawing number 4A, received 17th March 2016;  Bat Survey received 20th April 2016

3 The development hereby permitted shall be carried out in accordance with the Discussion, Conclusion, Limitations of Survey, Recommendations and Mitigation, Notes and Method Statement sections of the Bat Survey Report received 20th April 2016.

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2 In the interest of clarity as to the extent of the permission.

3 To ensure that the development does not adversely affect a European Protected Species.

REASONS FOR GRANTING PLANNING PERMISSION

The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise.

 It is considered that the proposed development complies with Policy GP6 of the Carmarthenshire Local Development Plan, 2014 (LDP) as it involves the construction of a two storey extension on to an existing two storey dwelling where the materials and design are compatible as well as its use being part of the dwelling house. It is not considered that the occupiers of neighbouring residential properties will be significantly adversely affected by the development when complete. The proposal complies with the requirements of Policy EQ 4 due to the submission of a bat survey that discounted the presence of bats being mitigated and bat friendly features will be introduced as shown on the approved plans.

NOTE(S)

Please note that this consent is specific to the plans and particulars approved as part of the application. Any departure from the approved plans will constitute unauthorised development and may be liable to enforcement action. You (or any subsequent developer) should advise the Council of any actual or proposed variations from the approved plans immediately so that you can be advised how to best resolve the matter.

In addition, any Conditions which the Council has imposed on this consent will be listed above and should be read carefully. It is your (or any subsequent developers') responsibility to ensure that the terms of all Conditions are met in full at the appropriate time (as outlined in the specific condition).

The commencement of development without firstly meeting in full the terms of any Conditions which require the submission of details prior to the commencement of development will constitute unauthorised development. This will necessitate the submission of a further application to retain the unauthorised development and may render you liable to formal enforcement action.

Failure on the part of the developer to observe the requirements of any other Conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice.

Comments and guidance received from consultees relating to this application, including any other permissions or consents required, is available on the Authority’s website (www.carmarthenshire.gov.uk)

Application No W/33559

Application Type Full Planning

Proposal & FIRST FLOOR BALCONY AT OLD HOUSE, CASTLE HILL FARM, Location LLANSTEFFAN, CARMARTHEN, SA33 5JX

Applicant(s) THREESHIRES - MRS DEBBIE COOK, CASTLE HILL FARM, LLANSTEFFAN, CARMARTHEN, SA33 5JX

Case Officer Stuart Willis

Ward Llansteffan

Date of validation 23/03/2016

CONSULTATIONS

Llansteffan Community Council – Did not raise any comments.

Local Members - County Councillor D B Davies is a member of the Planning Committee and therefore has made no prior comment

Neighbours/Public - The application has been publicised by the posting of a Site Notice and 4 responses have been received as a result. These have raised the following issues :

 The lane gives access to a few private residential properties, farms etc is privately owned and also a public footpath. Possible impacts on its use  Route is used by a great number of locals and tourists and will impact on the character of the area being totally out of keeping with the aspect of a farm building and aesthetically undesirable in this rural corner and conservation area.  Refers to objections on the previous application and decision against officer recommendation.  Detract significantly from the tranquillity and peaceful seclusion of this footpath where walkers can pass by without being overlooked.  It would be contrary, too, to Carmarthenshire's Eco/Tourism objectives  Access, as the protrusion of the flying balcony, whilst it may not physically impede the passage of vehicles, would certainly cause concern to drivers on a narrow private lane.  Encroachment on the lane.  Reference to private agreements regarding access along the lane  Disruption during construction to accessing the lane  Contrary to national and LDP policies

RELEVANT PLANNING HISTORY

The following previous applications have been received on the application site:-

W/31770 Outbuilding attached to cart barn and long barn (known as the piggery) roof extension and repair plus demolition of redundant structures (original footprint unchanged, with hay loft added) Full planning permission 30 June 2015

W/29266 Removal of condition 4 on planning application W/25914 Removal of Condition refused 13 February 2014 Appeal Upheld 8 December 2014

W/25914 Installation of 10 kilowatt micro wind generator Full planning permission 23 February 2012

W/25496 Installation of photovoltaic panels on agricultural barn roof 10kw (70m square) Full planning permission 29 November 2011

W/23417 Change of use of existing barn and remodelling of existing cottage Full planning permission 28 September 2010

W/22629 Change of use of existing barn to holiday accommodation and remodelling of existing cottage Full planning refused 11 May 2010

W/20512 Demolition of existing agricultural building and replace with new building at same location Full planning permission 23 February 2009

D4/23168 Dog breeding kennels (Certificate of Lawfulness) Lawful Development - CLOPUD Refused 02 March 1993

APPRAISAL

THE SITE

The application site is an existing barn located on a yard. The site is accessed via a public right of way leading from Church Road which also serves as a vehicular access to the Castle, Castle Hill Cottage, Parc Glas and St Anthony’s Cottage & Well. The route is also a pedestrian access to Scotts Bay and beyond as part of the Wales Coastal Path which is inside but on the edge of the Llansteffan Conservation Area.

The barn had planning permission for holiday use in 2009 as part of a larger scheme which also included the restoration of an older residential unit and conversion of the larger part of the barn for holiday purposes.

An application was approved at Planning Committee last year against Officer recommendation for alterations to the original approval. That application sought to retain alterations to the roof of the building known as the Piggery. The alterations comprise the alteration of the roof to widen the span and cover over a gap between the barn and adjacent Cart Barn, and the construction of a dormer style window on the rear of the building (facing the public right of way) and a second dormer type extension to link/extend the roof of the Piggery onto the side of the Cart Barn. The application also included the demolition of various newer additions to the barn. Other minor alterations had been made to the Piggery with the reduction in the width of the opening on the gable wall, however they were considered to be non material.

THE PROPOSAL

The application seeks full planning permission for the erection of a balcony at first floor level.

The balcony would be located on the elevation facing onto the lane/public right of way. The balcony would measure approximately 1m by 4.6m and run between the 2 first floor bedrooms. There would be galvanised iron railings across the balcony in a similar style to ones at ground floor. The applicant has indicated that the balcony would overhang land within their ownership and not impinge on the lane/public right of way.

PLANNING POLICY

In the context of the current development management policy framework the site is located outside the defined development limits for Llansteffan as contained in the adopted Carmarthenshire Local Development Plan, Adopted December 2014.

Policy GP1 of the Local Development Plan (LDP) sets out the general requirements of the Local Planning Authority to ensure sustainability and high quality design through new development. In particular, that “it conforms with and enhances the character and appearance of the site, building or area in terms of siting, appearance, scale, height, massing, elevation treatment, and detailing” and “it protects and enhances the landscape, townscape, historic and cultural heritage of the County and there are no adverse effects on the setting or integrity of the historic environment”.

Policies SP13 and EQ1 of the LDP require that development preserves and enhances the historic environment.

Section 72 (2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 places a statutory duty on local planning authorities to pay special attention to the desirability of preserving or enhancing the character of appearance of a conservation area.

Good design is encouraged at all levels and national policy contained in Planning Policy Wales Edition 7 – July 2014 provides the following guidance.

Paragraph 4.11.1 states: “Design is taken to mean the relationship between all elements of the natural and built environment. To create sustainable development, design must go beyond aesthetics and include the social, environmental and economic aspects of the development, including its construction, operation and management, and its relationship to its surroundings“.

Paragraph 4.11.2 states “Good design can protect and enhance environmental quality, consider the impact of climate change on generations to come, help to attract business and investment, promote social inclusion and improve the quality of life. Meeting the objectives of good design should be the aim of all those involved in the development process and applied to all development proposals, at all scales, from the construction or alteration of individual buildings to larger development proposals. These objectives can be categorised into five key aspects of good design”.

4.11.3 The design principles and concepts that have been applied to these aspects should be reflected in the content of any design and access statement required to accompany certain applications for planning permission and listed building consent which are material considerations.

4.11.4 Good design is also inclusive design. The principles of inclusive design are that it places people at the heart of the design process, acknowledges diversity and difference, offers choice where a single design solution cannot accommodate all users, provides for flexibility in use, and provides buildings and environments that are convenient and enjoyable to use for everyone (see Section 3.4).

4.11.8 Good design is essential to ensure that areas, particularly those where higher density development takes place, offer high environmental quality, including open and green spaces. Landscape considerations are an integral part of the design process and can make a positive contribution to environmental protection and improvement, for example to biodiversity, climate protection, air quality and the protection of water resources.

4.11.9 The visual appearance of proposed development, its scale and its relationship to its surroundings and context are material planning considerations. Local planning authorities should reject poor building and contextual designs. However, they should not attempt to impose a particular architectural taste or style arbitrarily and should avoid inhibiting opportunities for innovative design solutions.

Paragraph 2.2 of Technical Advice Note 12 Design (2014) states:

2.2 The Welsh Government is strongly committed to achieving the delivery of good design in the built and natural environment which is fit for purpose and delivers environmental sustainability, economic development and social inclusion, at every scale throughout Wales - from householder extensions to new mixed use communities.

Paragraph 2.6 & 2.7 of Technical Advice Note 12 Design (2014) states:

2.6 Design which is inappropriate in its context, or which fails to grasp opportunities to enhance the character, quality and function of an area, should not be accepted, as these have detrimental effects on existing communities.

2.7 A holistic approach to design requires a shift in emphasis away from total reliance on prescriptive standards, which can have the effect of stifling innovation and creativity. Instead, everyone involved in the design process should focus from the outset on meeting a series of objectives of good design (Figure 1). The design response will need to ensure that these are achieved, whilst responding to local context, through the lifetime of the development (from procurement to construction through to completion and eventual use).

This analysis and the vision for a scheme should be presented in the design and access statement where one is required.

THIRD PARTY REPRESENTATIONS

There have been 4 representations received to date.

The visual impact of the balcony and the impact of it on the character of the area were raised as concerns. The building has consent for conversion to holiday use and the works are ongoing at present as part of the conversion. The balcony is proposed beneath the dormer windows approved at the building last year. They face the public right of way and as such they would be visible from public views. However there are existing railings of a similar style at a raised platform at ground floor level. These are located on the same elevation and therefore also highly visible. Generally such platforms/balconies would not be typical of such buildings. However at this building the balcony and railings would be akin to an existing feature on the same elevation and therefore considered appropriate in this context.

Access along the lane and potential impacts to vehicles using it was raised. The applicant has indicated that the balcony will overhang land within their ownership. There has been a query over whether the balcony encroaches on the lane. The details provided indicate that it is land within the applicant’s ownership. If it encroaches on the lane in separate ownership then that would be a civil matter. The balcony would overhang what is currently the verge area of the lane. As such it would not reduce the width of the carriageway. There would be permitted development rights to erect a fence/wall along the edge of the carriageway at ground level as the verge appears to be in the applicant’s ownership/control. Reference has been made to private agreements regarding access along the lane. Any private agreements would be a civil matter and would not be superseded by any planning permission. Access during construction was also a matter raised. The lane is a public footpath and is used to access properties further along the lane. The method of construction and use of the lane during these times would be matters outside of the assessment of the planning process.

The impact of the balcony on tourism in the area and that it would overlook uses of the public footpath. The footpath is for public use and therefore it would be expected that the route would be used by others and by overlooked by any adjacent properties. It is also not expected that the erection of a balcony would have any discernible impact on tourism in the area or reduce the use of the footpath.

Reference to objections on the previous application and decision against officer recommendation were made. Each decision is made on its own merits and while there was concerns with the previous application this application is assessed on the basis of the relevant considerations at this time. Objectors commented that the proposal is contrary to national and LDP policies. It is considered for the reasons given above that in this instance the proposal is deemed appropriate and does not warrant refusal of the application.

CONCLUSION

After careful consideration of the site and surrounding environs, it is considered that the barn is in a rural area within and on the edge of the Llansteffan Conservation Area. The design and appearance is therefore a material consideration, with the character and appearance of the building and Conservation Area being critical.

The building has been substantially converted externally and the middle section has been converted to holiday use. It is considered that the proposed balcony and railings are appropriate and reflect similar features on the same elevation of the building at a lower level.

As such the application is put forward with the recommendation of approval.

RECOMMENDATION – APPROVAL

CONDITIONS

1. The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2. The development shall be carried out in accordance with the following approved plans and documents:

 1:2500 Location Plan 1  1:2500 Location Plan 2  1:500 scale Block Plan

received 16th March 2016

 1:100 scale Elevations

received 16th March 2016

REASONS

1. Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2. In the interest of clarity as to the extent of the permission.

REASONS FOR GRANTING PLANNING PERMISSION

The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise.

 It is considered that the proposed development complies with Policy GP1 and EQ1 of the Carmarthenshire Local Development Plan, 2014 (LDP) in that the balcony is not detrimental to the amenity of nearby properties or users of the public right of way. It is in character with the existing building. The proposals would not harm the character of the Conservation Area.

NOTES

Failure on the part of the developer to observe the requirements of any other Conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice