CITY AND COUNTY OF SWANSEA
NOTICE OF MEETING You are invited to attend a meeting of the AREA 2 DEVELOPMENT CONTROL COMMITTEE SITE VISITS
On: Tuesday 23rd December 2008
Time: 9.00am. from CIVIC CENTRE, Swansea
PLEASE NOTE TIME OF MEETING AGENDA Would Members of the Committee please note that they are invited to attend the under mentioned site visits. (A coach will leave Civic Centre, Swansea at 9.00 a.m.)
Site Visits Approx Planning Application 2008/1730 – Retention and 9.05am completion of two storey side/rear extension incorporating two dormers in rear roof plane to provide additional living accommodation and retention and completion of extension to patio area at 50 Mumbles Road, Blackpill
Approx Planning Application No.2008/1775 – Erection of a new 9.20am health and leisure centre with outdoor terracing, swimming pool and landscaping, re – routing of Clyne River Mill Race Channel, creation of new access and remodelling of existing public car park to provide a 250 space public/ private car par, Mill Lane, Blackpill.
Approx. Planning Application No 2008/1843 – Replacement 9.45am detached bungalow at 152 Mumbles Road, Blackpill.
Approx. Planning Application Nos 2008/1544 and 2008/1727 – 10.05am Single storey rear extension with timber decked area and canopy to first floor, rear access doors, extension to existing rear decked area and rear canopy, new external rear staircase, associated works and change of use of first and second floor accommodation to provide four letting bedrooms and variation of condition 02 at Café Valence Newton Road, Mumbles
Approx. Planning Application No 2008/1976 - Detached dwelling 10.25am on land adjacent to 80 Newton Road, Mumbles.
Approx. Planning Application Nos 2008/2043 and 2008/2050 – 10.45am Single storey rear extension and detached garage and associated works at Bay House, Caswell Road, Caswell.
Approx. Planning Application No 2008/1509 – Use of land for a 12noon maximum of 5 no. touring caravans between 1st April 2009 to 31st October 2009 at Kimley Moor Farm , Rhossili
Approx. Planning Application No 2009/2108 – Single storey rear 12.40pm extension at 7 Llynfa Road, Penclawdd
Approx. Planning Application No. 2008/1660 – Replacement 1.00pm detached dwelling with detached garage and detached summer house with pergola at Firdene, 3 Dunvant Road, Three Crosses
These planning applications will be considered at the meeting of the Area 2 Development Control Committee scheduled to be held in the Council Chamber, Civic Centre, on Tuesday 13th January 2009 at 2.00 p.m.
David M Daycock Head of Legal & Democratic Services 17th December 2008 Contact: Gareth Borsden 01792 636824 (Z: Word /Committee /Agenda /Committee/Area2/SiteVisits)
Item No. 2
Disclosures of Personal Interest from Members
To receive Disclosures of Personal Interest from Members in accordance with the provisions of the Code of Conduct adopted by the City and County of Swansea. You must disclose orally to the meeting the existence and nature of that interest.
NOTE: You are requested to identify the Agenda Item / Minute No. / Planning Application No. and Subject Matter to which that interest relates and to enter all declared interests on the sheet provided for that purpose at the meeting.
1. If you have a Personal Interest as set out in Paragraph 10 of the Code, you MAY STAY, SPEAK AND VOTE unless it is also a Prejudicial Interest.
2. If you have a Personal Interest which is also a Prejudicial Interest as set out in Paragraph 12 of the Code, then subject to point 3 below, you MUST WITHDRAW from the meeting (unless you have obtained a dispensation from the Authority’s Standards Committee)
3. Where you have a Prejudicial Interest you may attend the meeting but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise. In such a case, you must withdraw from the meeting immediately after the period for making representations, answering questions, or giving evidence relating to the business has ended, and in any event before further consideration of the business begins, whether or not the public are allowed to remain in attendance for such consideration (Paragraph 14 of the Code).
4. Where you have agreement from the Monitoring Officer that the information relating to your Personal Interest is sensitive information, as set out in Paragraph 16 of the Code of Conduct, your obligation to disclose such information is replaced with an obligation to disclose the existence of a personal interest and to confirm that the Monitoring Officer has agreed that the nature of such personal interest is sensitive information.
5. If you are relying on a grant of a dispensation by the Standards Committee, you must, before the matter is under consideration: (i) disclose orally both the interest concerned and the existence of the dispensation; and (ii) before or immediately after the close of the meeting give written notification to the Authority containing -
- details of the prejudicial interest; - details of the business to which the prejudicial interest relates; - details of, and the date on which, the dispensation was granted; and - your signature
Z:\Committees\A Agenda Pack\Cttees\Area 2\2008-09\08jun24\02 - Disclosures of Personal Interest.doc AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 18 APPLICATION NO. 2008/1730 WARD: Area 2 Sketty
Location: 50 Mumbles Road, Blackpill, Swansea SA3 5AU Proposal: Retention and completion of two storey side/rear extension incorporating two dormers in rear roof plane to provide additional living accommodation and retention and completion of extension to patio area Applicant: Mr and Mrs J Cole
BACKGROUND INFORMATION a. Relevant Planning Policies
City and County of Swansea Unitary Development Plan
Part 1
SP1 – Creating a quality environment
Sustainable development will be pursued as an integral principle of the planning and development process. Development proposals designed to a high quality and standard, which enhance townscape, landscape, sense of place, and strengthen Swansea’s Waterfront identity, will be favoured.
SP2 – Creating a quality environment
The countryside will be protected and conserved, with green wedges shaping the urban form and safeguarding the distinctive interplay of town and country. Village character will be protected.
SP3 – Creating a quality environment
The natural, built, and cultural heritage of the County will be protected and enhanced to safeguard from materially harmful development.
Part 2
EV1 – Design
New development shall accord with the following objectives of good design: (i) Be appropriate to its local context in terms of scale, height, massing, elevational treatment, materials and detailing, layout, form, mix and density, (ii) Integrate effectively with adjacent spaces and the public realm to create good quality townscape, (iii) Not result in a significant detrimental impact on local amenity in terms of visual impact, loss of light or privacy, disturbance and traffic movements, (iv) Incorporate a good standard of landscape design, (v) Sensitively relate to existing development patterns and seek to protect natural heritage and the historic and cultural environment, not only on-site, but in terms of potential impact on neighbouring areas of importance, and, where appropriate: AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 18 (CONT’D) APPLICATION NO. 2008/1730
(vi) Foster ‘inclusive design’ by ensuring the development allows access for the widest range of people possible, (vii) Support an integrated transport system, (viii) Contribute to the creation of new, and the improvement of existing, spaces and an enhancement of the general street scene, (ix) Promote resource efficient and adaptable buildings and layouts using sustainable design and construction techniques, including the reuse and recycling of construction and demolition waste on site, and energy and water efficiency measures, (x) Provide a safe environment by addressing issues of security, crime prevention, and the fear of crime in the design of buildings and the space and routes around them, (xi) Have regard to the desirability of preserving the setting of any listed building. Design statements will be required in support of planning applications that have design implications, including applications for new or extended buildings and infrastructure, changes to landscape appearance, and/or those involving sensitive sites and locations.
HC7 – Residential Extensions and Alterations
Proposals for extension and alterations to existing residential dwellings will be assessed in terms of:
(i) Relationship to the existing dwelling by virtue of size, design and materials, (ii) Impact on the character and appearance of the streetscene, (iii) Affect on neighbouring properties with particular reference to physical impact, overshadowing/loss of light and privacy, and (iv) Impact on car parking. b. Relevant Planning History
2003/0876 – Detached double garage/store (Granted approval on 20th November 2003)
2005/2281 – Two storey side/rear extension (Granted approval on 10th February 2006) b. Response to Consultations
ORIGINAL PROPOSAL
Two neighbouring properties were consulted, however, no objections have been received.
Pollution Control – No observations.
Highways Observations – No objection AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 18 (CONT’D) APPLICATION NO. 2008/1730
AMENDED PROPOSAL
Amended plans were submitted due to inaccuracies with the previous plans. Two neighbouring properties were re-consulted. Any responses received will be declared at Committee.
APPRAISAL
This application is reported to Committee for decision at the request of Councillor June Stanton.
This application relates to the retention and completion of a two storey side/rear extension incorporating two dormers in the rear roof plane to provide additional living accommodation and retention and completion of extension to patio area at 50 Mumbles Road, Blackpill. The application property is a semi-detached property, with the adjoining property to the south-west being derelict and inaccessible due to the presence of a garage forecourt within the site, therefore, this property is not treated as a habitable dwelling in this instance. There is also a detached property to the north-east of the application property (No.48 Mumbles Road).
A two storey side/rear extension to the property was granted consent under planning permission 2005/2281 on 10th February 2006. This application has, however, been submitted for the approval of alterations to the approved extension in the form of amendments to original window openings and the introduction of new window openings, the roof structure of the extension is also amended to include the raising of the ridge height of the extension and the construction of two dormers, projecting off the rear roof plan. The proposal also includes an extension to the patio area to the rear, these elements were not approved under planning permission 2005/2281. Given that the two storey side/rear extension was previously granted approval, it is considered that the main issues to consider in this instance relate to the impact of the alterations to the approved scheme upon the visual and residential amenities of the area and highway safety having regard to the provisions of Policies EV1 and HC7 of the Unitary Development Plan. It is not considered that the Human Rights Act raises any other overriding material considerations in this case.
An Officer site visit has confirmed that building work has commenced on the previously approved two storey side/rear extension, which incorporates the new window openings and the extension to the patio area. However, work has not commenced on the roof of the extension.
The additional window openings to the approved extension involve the introduction of two high level windows on the south-west facing side elevation and the substitution of patio doors for a window on the ground floor level of the rear elevation, together with slight changes in the size of windows on the front elevation of the extension. The raising of the ridge height to the approved extension involves changing the roof structure from two pitched roofs to one pitched roof and raising the ridge height by approximately 1m. The two dormers will project off the ridge line of this raised roof. The extension to the patio area to the rear of the property involved increasing its length by approximately 2m, and incorporating a small planting area to the north-east side within this patio area. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 18 (CONT’D) APPLICATION NO. 2008/1730
In terms of visual amenity, the additional window openings and alterations to the approved window openings are not considered to present any issues due to their minimal nature. The alterations to the approved roof of the two storey side/rear extension including the raised height and dormers are also considered to be in keeping with the character and appearance of the host dwelling and the streetscene due to their sympathetic scale, design, siting and location to the rear of the property. The dormers are considered to be in proportion with the window openings below them, this is in-line with the recommendations of the Design Guide for Householder Development, which states that ‘ All dormer windows should have a slim frame and cheeks and should relate well to the position and size of the windows in the floors below’. Similarly, the extension to the patio area is not considered to be detrimental to the character and appearance of the host dwelling or the streetscene due to its sympathetic scale, design and location, to the rear of the property.
From a residential amenity perspective, the alterations to the approved window openings and the introduction of new window openings are not considered to have a detrimental impact. The only issue in terms of overlooking could potentially be from the two windows in the south-west facing side elevation. However, these are high level windows which overlook the adjoining semi-detached property which, as previously stated, is derelict and inaccessible due to the presence of a garage forecourt within the site. Therefore, it is not considered that these windows will present any issues with regard to unacceptable overlooking in this instance.
Similarly, the alterations to the roof of the approved extension are not considered to cause any significant additional overbearing or overshadowing impacts due to the minimal changes in height and volume to the approved roof and the location of the property, predominantly to the south of the potentially affected neighbouring property (No.48 Mumbles Road). The dormers, equally, are not considered to impact upon the residential amenities of this neighbouring property due to their siting, set away from the side of the of the roof plane and position of windows facing directly onto the rear amenity space of the application property.
The extension to the patio area is again not considered to either overbear or overshadow the neighbouring property due to its minimal height. There is not considered to be any significant additional loss of privacy, over and above the viewing previously achieved from the previous patio area due to the modest increase in length of the patio area. In addition, it should be noted that the application property’s rear amenity space is already overlooked from No.48 due to the existence of a first floor balcony projecting from the rear of No.48. Therefore, there is an element of mutual overlooking in this instance. In conclusion, taking the above factors into consideration, it is not considered that the patio area will cause an unacceptable loss of privacy into No.48.
The Head of Transportation and Engineering Services has raised no objection to the original proposal, stating that the application site is sufficiently large to accommodate adequate parking in accordance with adopted guidelines. The department has been re- consulted with regard to the amended description, any further comments will be declared at Committee.
Having regard to all material planning considerations, including the Human Rights Act, the proposals are considered to be satisfactory forms of development that accord with the requirements of Policies EV1 and HC7 of the Unitary Development Plan. The application is therefore recommended for approval. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 18 (CONT’D) APPLICATION NO. 2008/1730
RECOMMENDATION
APPROVE, subject to the following condition;
1 The development shall be commenced not later than the expiration of 5 years from the date of this planning permission and shall be completed in accordance with the said application plans and conditions prior to any part thereof being brought into beneficial use, unless otherwise agreed in writing by the Local Planning Authority. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990 and to ensure that the development is completed in accordance with the plans approved by the City and County of Swansea, and so avoid any detriment to amenity or public safety by works remaining uncompleted.
INFORMATIVES
1 Bats may be present in this (some of these) building (s). All British bat species are protected under Schedule 5 of the Wildlife & Countryside Act 1981 (as amended) and are listed in Schedule 2 of the Conservation (Natural Habitats & c.) Regulations 1994. This legislation implements the EC Habitats and Species Directive in the UK making it an offence to capture, kill or disturb a European Protected Species or to damage or destroy the breeding site or resting place of such an animal. It is also an offence to recklessly/intentionally to disturb such an animal. If evidence of bats is encountered during site clearance, work should cease immediately and the advice of the Countryside Council for Wales sought before continuing with any work (01792 634960).
2 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: (Policies EV1 and HC7 of the Unitary Development Plan)
3 This consent is issued without prejudice to any other consents or easements that may be required in connection with the proposed development.
4 Birds may be present in the roof of this building please note it is an offence under the Wildlife & Countryside Act 1981 (as amended) to intentionally (intentionally or recklessly for Schedule 1 birds) to: - Kill, injure or take any wild bird - Take, damage or destroy the nest of any wild bird while that nest in use or being built - Take or destroy an egg of any wild bird Care should be taken when working on buildings particularly during the bird nesting season March-August.
PLANS
Site location plan received 19th August 2008, Amended plans existing elevations, existing floor plans, proposed elevations, proposed floor plans received 4th December 2008. Amended block plan received 8th December 2008.
ITEM 29 APPLICATION NO. 2008/1775 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008 WARD: Area 2 Mayals Sketty
Location: Mill Lane Blackpill Swansea Proposal: Erection of new health and leisure centre with outdoor terracing, swimming pool and landscaping, re- routing of Clyne river Mill race channel, creation of new access and remodelling of existing public car park to provide a 250 space public/private car park (application under Section 73 of the Act to carry out development under planning permission 99/0415 dated 2nd February 2000 without compliance with condition 1- completion of development in accordance with the approved plans) Applicant: EP Leisure Ltd
BACKGROUND INFORMATION a. Relevant Planning Policies
The following policies are relevant to the proposed development.
City and County of Swansea Unitary Development Plan
Policy HC22 Clyne Valley Country Park Development to provide for sporting, recreational and sustainable tourist use within a framework of protecting and enhancing natural heritage and the historic environment will be permitted.
Policy EC15 Consolidation of urban tourism resource by improving quality and range of attractions including locations at specific destinations around Swansea Bay
Policy EC16 Swansea Bay Recreational and Tourism Facilities Blackpill seafront has been identified as a specific location for new or improved recreational and tourism facilities.
Policy HC18 Leisure Facilities New leisure facilities will be permitted within the urban area subject to an evaluation of need, a sequential test taking into account the priority for the city centre as a leisure focus, the impact on established centres, the relevance of site specific proposals and an assessment of accessibility
Policy EV1 Design New development shall accord with the objectives of good design, including landscape design. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
Policy EV2 Siting The siting of new development should give preference to the use of previously developed land over greenfield sites and must have regard to the physical character and topography of the site and its surroundings. Where appropriate site assessments are required including those relating to flood risk and habitat and species.
Policy EV3 Accessibility Proposals for new development will be required to provide access and facilities for all.
Policy EV6 Ancient Monuments and Protection of Archaeological Sites On the advice of GGAT, if important historical remains exist on a proposed development site further information may be required from the applicant.
Policy EV26 Area of Outstanding Natural Beauty Within the Gower AONB, the primary objective is the conservation and enhancement of the area’s natural beauty.
Policy EV27 SSSIs and National Nature Reserves Development that adversely affects SSSIs will not generally be permitted.
Policy EV30 Trees, Woodland and Hedgerow Protection Protection and improved management of woodlands, trees and hedgerows will be encouraged.
Policy EV33 Sewage Disposal Planning permission will only be granted where development can be served by public mains sewer.
Policy EV35 Surface Water Run-off Development that would have an adverse impact on the water environment will only be permitted where it can be demonstrated that appropriate alleviating measures can be implemented. SUDS will be encouraged.
Policy EV36 Development and Flood Risk New development within flood risk areas, as shown on the Development Advice Maps that accompany TAN 15, will only be permitted where it is demonstrated that the location is justified and the consequences associated with flooding are acceptable.
Policy EV37 Tidal and River Defences The integrity and continuity of tidal and river defences will be maintained and improved.
Policy AS1 New Development Proposals New development associated with …. Leisure should be located in areas that are currently highly accessible by arrange of transport modes. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
Policy AS2 Design and Layout New development should provide suitable facilities and an attractive environment for pedestrians, cyclists and other non-motorised modes of transport.
Policy AS4 Public Access Routes The creation or improvement of public access routes, including PROW, will be encouraged.
Policy AS5 Walking and Cycling Facilities and/or infrastructure for pedestrian and cyclist access must be considered.
Policy AS6 Parking Will be assessed against adopted maximum parking standard.
Supplementary Planning Guidance:
Blackpill Supplementary Planning Guidance – Adopted June 1997 which sets out the criteria against which any development or enhancement proposals at Blackpill will be assessed.
Swansea Bay Strategy: following detailed public consultation this guidance has been adopted by the Council as a policy document and is a material consideration. The strategy identifies Blackpill as a focus for improved tourist and leisure facilities. The site in question is shown in the Blackpill concept plan with specific reference to the public car parking element of the scheme (D4 refers). b. Relevant Planning History
99/0415 Erection of New Health and Leisure Centre with outdoor terracing, Swimming Pool and landscaping,re-routing of Clyne River and Mill Race Channel, creation of new access and remodelling of existing public car park to provide 250 space private / public car park Planning Permission February, 2000 The pre-commencement conditions have been complied with and a material start has been made on the development and the planning permission therefore remains extant.
2000/ 0105 Erection of new health/leisure club and restaurant, associated hard and soft landscaping and service facilities, re-routing of Clyne River and Mill Race channel, new footbridge, creation of new access and remodelling of existing car park to provide 250 space private/public car park (Modification to development previous application 99/0415) Refused June 2002 (contrary to officer recommendation) for the following reasons:
1. The proposed vehicular servicing would result in conflict with visitors within the visitor car park detrimental to conditions of pedestrian and highway safety. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
2. The developer has failed to prove to the satisfaction of the Local Planning Authority that the proposed development would not adversely affect the hydrological conditions within the flood plain which would exacerbate the perceived flooding problems within the surrounding area. c. Response to Consultations
The application has been advertised in the press and by site notices as a development which i) does not accord with the provisions of the Development Plan; ii) affects a public right of way; (iii) might materially affect the setting of a Listed Building (i.e. The Roman Bridge). In addition, 22 neighbouring properties were consulted individually.
34 LETTERS OF OBJECTION have been received raising the following concerns:
1. The proposal to be allowed to avoid compliance with Condition 1 of planning permission Ref:99/0415, is far too major a matter to be dealt with under Section 73. Such limited information as is submitted with the application indicates extensive changes to the internal layout as well as to various parts of the roof lines.
2. Re-siting the ‘Studio Badminton Court’ (formerly the ‘Aerobics Hall’) in relation to the Squash Courts would place it where noise nuisance to nearby residential properties would be increased .
3. Substantial changes to the main plant room locations are also likely to increase noise nuisance in this residential area.
4. The hard standing on the site is currently used by for parking by customers to the Mumbai Restaurant and on Friday is Sunday is packed along with the parking available directly in front and to the side of the restaurant.
5. There was a period when the hard standing was closed off and this resulted in cars being parked along the entrance road to Mill Gardens.
6. There have been occasions when cars were parked on both sides of the entrance road preventing access to the site, and cars leaving the restaurant late at night and in the early hours of the morning would drive onto Mill Gardens to turn around, creating a disturbance with car doors slamming, shouting and laughing.
7. Mill Gardens is a private residential park for the over 50’s and elderly residents, when approaching drivers, were subject to verbal abuse including swearing.
8. The majority of the residents are over 60 and many suffer from illnesses and disabilities and it is imperative that the emergency services have unrestricted access to the Park. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
9. The development of this site currently proposed will result in there being insufficient parking for the restaurant and this will cause customers to park wherever they can, causing problems for local residents.
10. Increase in commercial traffic in Mill Lane and Mill Gardens creating a safety hazard for pedestrians, cyclists and residents.
11. Noise pollution for homes at the entrance to the park. A plant room is located adjacent to Mill Gardens.
12. Mill Lane is prone to flooding and there is concern that the proposed mill race channel may not be properly constructed and will be vulnerable to more flooding.
13. Mill Race should not be re-routed and development should work with existing features.
14. Widening and / or straightening Mill Lane and adding a pavement will detract from the residential setting.
15. The site currently consists of undeveloped green space and would rather see houses than a leisure centre.
16. Site has returned to nature and supports wildlife.
17. There are already adequate health and leisure facilities nearby.
18. Bleak outlook of a 250 space car park.
19. Ground pollution.
Blackpill, Derwen Fawr and Mayals Residents’ Association – is concerned that the above planning application has been made under S73 of the Town and Country Planning Act. We wish to object to the use of this procedure to avoid compliance with Condition 1 of the planning permission granted in February 2000.
The Association believes that the numerous changes the developer proposes to the internal layout of the building are relatively extensive and certainly they are not ‘minor’ within the meaning of the Act. Potentially they will have an adverse impact on the neighbourhood that was not envisaged when planning was approved. For example, the re-siting of the plant room will have implications for noise levels and nuisance to neighbours; and the re-siting of the badminton court in relation to the squash courts is also a potential noise nuisance to neighbours.
I would be most grateful if you would inform your Council of the Association’s objection to the present application and we hope that your Council will inform the developer that a full planning application will be needed to consider these changes.
The Gower Society – objects to the application:
1. There is concern at the impact on the area as a result of the proposed felling of such a large quantity of trees. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
2. The proposed hard-engineering of the river should not be permitted.
3. The car park at the bottom of the path / cycle track is an amenity enjoyed by many people. It is often full to capacity, especially in the summer months. The Leisure Centre should under no circumstances be allowed to use this car parking facility for its clients. Unless it can provide adequate car parking on its land for its clients, it should not be allowed to be built. The planning authority should not deprive the people of Swansea by removing a parking opportunity for them to use.
Mumbles Community Council – Object to the application on the following grounds:
1. Concerns regarding change of river course
2. Loss of public parking spaces
3. Possible increase in traffic black spot at junction of Mumbles Road and Derwen Fawr Road
Countryside Council For Wales – objects to the above proposal, because there is not enough information for us to assess possible effects on the interests listed below.
1. Otters We have records of otters using the River Clyne. In order to assess possible adverse effects on otters, we need more information about how the species uses the area. Therefore, we recommend a comprehensive survey of the species, sufficient to enable an assessment of possible effects of the proposal, and, if necessary, develop a scheme for conservation of the species. We can advise on an appropriate method of survey.
Otters are European protected species, protected by the Conservation (Natural Habitats &c.) Regulations 1994. Where a European protected species is present, a development may only proceed under a licence issued by the Welsh Assembly Government having satisfied the three requirements set out in the legislation. One of these requires that there should be no detriment to the ‘favourable conservation status’ of the species concerned.
2. Bats We are aware that bats are using the Clyne Valley, however we do not know whether they are using trees or buildings with this development. As with otters, in order to assess possible adverse effects on bats, we need more information about how the species uses the area. Therefore, we recommend a comprehensive survey of the species, sufficient to enable an assessment of possible effects of the proposal and, if necessary, develop a scheme for conservation of the species. This should include surveys of any trees and buildings that will be affected by this development. We can advise on an appropriate method of survey.
Bats are also European protected species and, when present, a development may only proceed under a licence issued by the Welsh Assembly Government having satisfied the three requirements set out in the legislation. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
3. Blackpill Site of Special Scientific Interests (SSSI) Blackpill SSSI is an important site for over-wintering birds. We have some concerns that the run-off from the diverted river may cause scouring or a change in the sediment deposition at the point where it meets the beach at Blackpill. We would recommend that these issues are considered before this application proceeds to planning committee.
In addition to the above we would look to your authority to consult the Environment Agency on the following issues:
1. Flooding and, 2. Changes in the river course and the subsequent effects on Blackpill (as discussed above).
To conclude, we can give further views when provided with the information requested above. In the meantime, CCW objects to the proposal.
The Environment Agency – we understand that the site in question has an extant permission dating back to 2000 for a health and leisure centre. This permission was granted prior to the publication of the Welsh Assembly Government Guidance TAN15: Development & Flood Risk (2004).
We note that this is a Section 73 application to carry out development without compliance with Condition 1 of the permission 99/0415: completion of development in accordance with the approved plans. Based on the information provided, there appears to be a number of revisions proposed to the internal and external design of the building, although it would seem the footprint of the building is to remain unchanged.
Both your Authority and the developer will be aware that the site of the proposed building lies within zone C2 of the development advice maps, published alongside TAN15 and also within zone 2 on our Flood Map, which is updated on a regular basis. At the time of the original planning application, a flood study was carried out by Atkins, which considered flood risk to the site in line with the requirements in place at that time, prior to the introduction of TAN15.
We appreciate that the current planning application is in effect to amend a condition in relation to the approved plans. However, we must remind your Authority and the developer of the possible flood risk and its implications upon proposed development at this locality. You will appreciate that this is a dynamic topic area, with ever increasing concerns about existing and future climate change factors. Consequently, a precautionary and prudent approach in this case could be to undertake an updated flood risk study for the project. This would guide both the developer and yourselves in the efforts to improve the flood resilience of the proposed development and incorporate measures to demonstrate acceptance flood consequences on and off the site.
We would also like to bring to your attention that following the granting of planning permission in 2000, two Flood Defences Consents were issued by the Environment Agency on 29 September 2003. The consents were for the mitigation works required at the time to reduce flood risk to the development and to demonstrate no increased flood risk to existing property. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
These two Consents have now expired and new applications will need to be made. The consent applications included a flood study produced by Atkins in July 2003. Any new consent applications will need to be accompanied by a revised flood study that demonstrates no increased flood risk to existing property, taking account of the latest guidance for generating river flows and sea level rise as a result of climate change.
In addition to the issues surrounding flood risk, we have concerns regarding the sewerage system in this area and the potential impact on the River Clyne. No information has been provided with this application in relation to drainage from the site. However, this development could result in overloading of the already poorly functioning system, which may result in future pollution incidents.
We have already experienced a number of incidents from the CSO (combined sewer overflow) in Derwen Fawr Road. This is a critical issue that must be addressed and we would strongly recommend further discussions with Dwr Cymru / Welsh Water in this regard.
Highway Observations –
1. Background
1.1 This application is a revision on the previously approved scheme for a Leisure Facility on land at the bottom of Mill Lane and Derwen Fawr Road. Consent for the scheme was granted under planning application no 99/0415.
1.2 This revised application is to alter the relative floor areas of the facilities which results in a slight reduction in the overall floor area of the proposal.
1.3 A Transport Assessment was submitted with the original application and this is still applicable for the current amended scheme.
2. Traffic Assessment
2.1 Testing has been undertaken at Mumbles Road/Derwen Fawr Road and it should be noted that peak attraction for this development is unlikely to occur during the normal network peaks when traffic on the surrounding roads is at its highest. The development is predicted to add as little as 1% and 2% in the AM and PM peaks respectively. The development peak time of 7-8pm is predicted to add approximately 6% to existing flows at that time.
2.2 Little additional traffic would be generated at the Mill Lane junction as this would only provide service and staff access.
2.3 My previous recommendation was that a contribution would be required from the development to fund highway works in the vicinity and the figure quoted was £75,000. This, as before, is to be made available from the Capital Receipt for the site and will enable minor improvements to be carried out and also fund a traffic management study of the area. I am currently awaiting funding to become available to enhance the right turn lane from Mumbles Road into Mill Lane and receipt of this contribution will enable that scheme to be implemented. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
3. Access and Car parking
3.1 The main access to the site for customers will be via Derwen Fawr Road, via the existing car park. The car park access is to be moved approximately 20m nearer to Derwen Fawr Road junction to enable the car park to be remodelled and used on a shared basis. This will provide 132 public spaces and 120 spaces for users of the leisure facility. The increase in parking capacity is made possible through altering the layout of spaces and removing landscape bunds within the car park.
3.2 It is estimated that the facility will generate the need for 107 spaces and therefore the provision of 120 will cater for any unexpected variation ensuring sufficient parking is available.
4. Access by Other Modes
4.1 Public Transport routes pass the site and therefore there is adequate access by bus. The National Cycle Network also passes through the site therefore this is adequately catered for with cycle parking being an integral part of the scheme.
4.2 Pedestrian access will be via the existing footways in the vicinity and along a new path connecting the site to the car park. Two other footpaths are indicated, one down onto Mumbles Road and the other a across to Mill Lane. There is no footway along this part of Mill Lane currently, however I am in the process of implementing a scheme to construct a footway along this frontage. It will be necessary for this footway to extend along the entire site frontage to Mill Lane (up to the `Bombay Spice’) and therefore I will be recommending a new condition to this effect. The introduction of Planning Policy Wales and the revised TAN 18 now places greater emphasis on alternative modes of access and these documents have been introduced since the original consent was granted.
5. Conclusions.
5.1 The principle of this development has been accepted with consent having already been granted for the scheme. This amendment will change the relative areas within the proposal however there is an overall reduction in the floor area thus traffic attraction will not increase above that previously considered acceptable. In light of present circumstances I am recommending additional conditions however these are minor and can be funded from the proposed capital receipt.
6. Recommendation.
6.1 I recommend no highway objections subject to the following;
i) The development shall not be brought into beneficial use until a footway has been constructed along the Mill Lane frontage, providing a continuous facility from the junction with Mumbles Road up to the access junction to the `Bombay Spice’ and development service access route.
ii) The site boundary shall be set back at the south-west corner of the site to ensure a visibility splay of 2.4m x 43m onto Mill Lane AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
iii) The development shall not be brought into beneficial use until road surface improvements have been carried out at the junction of Derwen Fawr Road and Mumbles Road.
iv) The development shall not be brought into beneficial use until traffic regulation orders have been implemented along and in the vicinity of the site frontage to Mill Lane.
v) Prior to the development being brought into use, a Travel Plan shall be submitted and approved.
Note: The Travel Plan shall include details of car reduction initiatives and methods of monitoring, review and adjustment where necessary. Advice on Travel Plans can be obtained from Jayne Cornelius, SWWITCH Travel Plan Co-ordinator Tel 07796 275711.
APPRAISAL:
A. THE DEVELOPMENT PROPOSAL
The application is reported to Committee at the request of Councillors Rene Kinzett and June Stanton
Background Planning Permission to develop a private health and leisure club with facilities for swimming, multi purpose sports, gym/fitness, aerobics, squash and health and beauty with ancillary crèche, bar and restaurant was granted 2 February, 2000 (Ref:99/0415).
It has previously indicated by the Local Planning Authority (LPA) that works carried out on site prior to 2 February 2005 were a material operation within the meaning of Section 56 of the Town and Country Planning Act 1990 and therefore concluded that the planning permission had been implemented and therefore remains extant. The LPA had earlier indicated that the pre-commencement conditions namely, Conditions 2 & 3 (materials and external finishes), 9 (full details of the river and mill race diversion); 10 (maintenance and management of diverted water courses); 11 & 12 (landscaping to Mill Lane & Mumbles Road frontages); 14 (archaeological investigation); and 15 (landscaping of the car parking areas) had been satisfied and therefore the planning permission remains valid.
This current application is submitted under Section 73 of the Town and Country Planning to carry out development under planning permission ref: 99/0415 without compliance with Condition 1 – completion of development in accordance with the approved plans. The application is made as the developers wish to make design alterations to the extant scheme, however, the Local Planning Authority (LPA) have advised them that these alterations cannot be considered as ‘minor amendments’ because of legal case law which has the effect of preventing this. Applications under Section 73 of the Planning Act applies to applications for planning permission for the development of land without complying with conditions subject to which a previous planning permission was granted. In consideration of such applications, the only matters which can be considered, are the conditions to which the planning permission relates. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
The planning permission itself is not a matter for consideration. Caselaw has established that, in determining Section 73 applications, a LPA must consider the reason and functions of the planning permission conditions and the degree to which they make a proposed development acceptable, which involves considering the relative impact on material considerations of adhering to the existing conditions rather than allowing new conditions. The consideration before Committee, should be based on the effect of the proposed change on any material considerations. If granted, a new permission will be created and thus the LPA must reimpose all required conditions and indeed any new conditions it feels are necessary.
It is indicated that the approved scheme would have provided a total floorspace of 4,457.22 sq.metres, whilst this current amended scheme will provide 4,306.73 sq. metres. It is further indicated that the changes to the positions of the facilities have been as a result of operational requirements, Building Regulations and health and safety issues. The changes to the scheme are summarised to include:
• relocation of the kitchen to the upper floor level restaurant • provision of a dedicated office facility to the management of the kitchen (upper floor) • relocation of the bar from the lower floor café to the upper floor restaurant • change the lower floor café into a fitness studio • relocation of the restaurants toilets away (upper floor) from the crèche facility • relocation of the mezzanine to a gym • conversion of the squash viewing gallery into a flexible gym • omission of the basement and relocation of the plant room to the upper floor.
Site Location The site is located to the western side of Mumbles Road at Blackpill and incorporates the existing Clyne Valley Country Park car park and existing undeveloped land to the south between Mill Lane and the Clyne Valley cycle track. The new building will be located on the existing undeveloped land and will require the diversion and part canalization of the course of the existing Clyne River and Mill Race Channel where they cross the site. The existing Country Park car park will be remodelled, including the removal of some of the existing trees and landscaping, to increase its capacity from 139 to 252 spaces with 132 spaces being retained for public car parking and 120 separate spaces being reserved and controlled to serve the proposed development. A new replacement car park access would be formed off Derwen Fawr Road to the east of the existing car park access. The existing area of mixed woodland along the Mumbles Road frontage would be retained and the development set within an area of hard and soft landscaping. Mill Lane would be used for service and operational parking purposes only with service access off the existing access to the Mill Gardens residential chalet park. Improved and dedicated footpath routes are proposed through the site.
Approved Proposal The approved building is of modern design and whilst large incorporates several discrete but complementary building elements. The main public entrance to the complex will be via a glazed foyer and crèche building located immediately adjacent to the former station platform alongside the Clyne Valley cycle way. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
This building will link to the main building via a covered bridge which will cross the diverted river at first floor level. The lower level accommodates a 25m swimming pool, toddlers pool, spa pool and steam room, a multipurpose hall for badminton/volley ball, an aerobics hall, a weights and fitness gym, two squash courts, a café with bar and kitchens, and wet/dry changing areas. The upper level accommodates health suite with sun lounge, reception area and shop, squash viewing gallery, mezzanine floor to gym, and restaurant with balcony. There is also a small external pool and two external sun terraces immediately adjacent to the diverted river. The existing listed ‘Roman Bridge’ would be retained. The highest points of the proposed building would be the health suite, which is 13.275m above mean ground level, whilst the circular glazed restaurant/café building would be 12.7m above mean ground level. The main swimming pool building has a maximum height of 10.4m. Materials were indicated to include glazing, natural stone and timber and cladding to be agreed via planning conditions with the Local Planning Authority.
The application under planning permission Ref:99/0415 was accompanied by an Environmental Statement (ES) following a formal screening opinion from the Local Authority in accordance with the Town and Country Planning (Environmental Impact Assessment) England and Wales Regulations 1999 indicating that the proposal constituted Environmental Impact Assessment development. The ES described the proposal, assessed its impact on a range of environmental and other issues and recommended necessary mitigation measures where appropriate.
Development Plan Policies Section 38(6) of the Planning and Compensation Act 2004 states that determinations made under the Planning Acts must be made in accordance with the Development Plan unless material considerations indicate otherwise. The original application was assessed against the West Glamorgan Structure Plan (No.2), adopted February 1996, and the Swansea Local Plan Review No. 1 adopted in January 1999. However, the Council has now given notice (10 Nov. 2008) of its intention to adopt the City and County of Swansea Unitary Development Plan (UDP), as the Statutory Plan to form the Development Plan, and which effectively supersedes the previous Development Plan Policies. The application should therefore be considered in accordance with UDP Policies.
Therefore since the original application was determined there has been a significant change in the Development Plan for Swansea, with the proposed adoption of the Swansea UDP. In particular, the application site now lies within the urban area and does not form part of the green wedge. UDP Policy HC22 supports the development of sporting, recreational and sustainable tourist use within the Clyne Valley Country Park. UDP Policies EC15 and EC16 support the provision and range of quality of urban tourism attractions at specific destinations around Swansea Bay including Blackpill seafront. In addition, following public consultation the Swansea Bay Strategy has been adopted by the Council as a policy document and is a material consideration. The Strategy identifies the Blackpill area as a focus for improved tourist and leisure facilities, with specific reference to this site and the public car parking element of the scheme (D4 refers). Both these elements of policy development serve to support the proposal and therefore conforms to the UDP. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
Built Environment/Design Policies A number of UDP policies are directed towards securing a high quality of design when development proposals are brought forward. Policy EV1 requires new development to accord with the objectives of good design, to be appropriate to its local context in terms of scale, height, massing, elevational treatment, materials and detailing, layout, form, mix and density; and not result in a significant detrimental impact on local amenity in terms of visual impact, loss of light or privacy, disturbance and traffic movements. Policy EV2 requires the siting of new development should give preference to the use of previously developed land over greenfield sites and must have regard to the physical character and topography of the site and its surroundings. Where appropriate site assessments are required including those relating to flood risk and habitat and species. Policy EV3 requires proposals for new development to provide access and facilities for all. Policy EV6 requires the protection of Ancient Monuments and Archaeological Sites. These policies relate to the details of a development proposal rather than land use issues in principle and need to be considered as part of the more detailed assessment of the proposal, dealt with below.
Compliance to Existing Planning Conditions As indicated above, the LPA should only consider the reason and functions of the planning permission conditions and the degree to which they make the proposed development acceptable, which involves considering the relative impact on material considerations of adhering to the existing conditions rather than allowing new conditions. The consideration before Committee, should be based on the effect of the proposed change on any material considerations and the appraisal is therefore structured to consider each of the relevant conditions in detail.
Condition 1 The development shall be commenced not later than the expiration of 5 years from the date of this planning permission and shall be completed in accordance with the said applications plans and conditions prior to any part thereof being brought into beneficial use.
Planning Permission under Ref:99/0415 was granted 2nd February, 2000 and as indicated above, material operations commenced on site prior to 2 February 2005 and therefore remains extant. This current application is submitted under Section 73 of Planning Act to carry out the development without compliance with Condition 1 in terms of the completion of development in accordance with the approved plans.
The revised floor plan drawings submitted in accordance with this condition indicate significant alterations to the internal arrangement of the accommodation within the health and leisure centre albeit essentially retaining similar uses within the same footprint. In particular, the upper level floor floorspace has been significantly increased with the addition of the restaurant bar area, restaurant kitchen and toilets, and associated office space. Additionally, with the introduction of the ‘ladies gym balcony’, personal training suite, ‘flexible gym zone’ and ‘plant room 1’. The internal arrangement to the health suite have also been significantly rearranged. On the lower floor plan, the café use within the glazed tower together with the ancillary kitchen area, as indicated on the approved drawings, has now been amended to a health ‘studio’ (fitness) area. It is indicated that the approved scheme incorporated a total floorspace of 192.55 sq.metres (upper floor restaurant – 82.26 sq.metres and lower floor cafe – 110.29 sq.metres), whilst the revised scheme for the upper floor restaurant now amounts to 180.64 sq.metres, and would therefore not increase the approved Class A3 (Food and Drink) floorspace. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
Additionally, it is proposed to relocate the two squash courts, relocate a fitness studio/badminton court, provide a new pool plant room and provide an enlarged changing room area together with an enhanced spa pool/ steam room / sauna area.
Externally, the proposal retains a similar footprint and site layout to the approved scheme. In terms of the overall height of the building, the highest part of the building will still be the health suite with a height of 13.275m above ground level, with the glazed circular restaurant having a height of 12.528m. The southern elevation (from Mill Lane) of the building has been amended to incorporate the solid walling and brise soleil window shading as required by Condition 4 of the permission. The principal alterations along the eastern elevation (when viewed from Mumbles Road) incorporate the solid pennant stone walling (as required by Condition 4) and additionally, incorporates an external staircase from the upper floor restaurant, a simplified bridge link and a revised roof design to the foyer building. From the northern elevation (Mill Gardens), the principal alterations relate to amendments to the roof design.
The Mill Lane frontage is where the development will be the most visible and have the greatest impact on residential and visual amenity. The elevational treatment to the building required by Condition 4 incorporating the solid walling, obscure glazing and the reduction in the size of the first floor sun terrace will mitigate the potential impact on the occupants of the adjacent neighbouring properties in Mill Lane. Additionally, the reduction in the size of the raised sun terraces and the incorporation of the minimum 5 metre wide landscaped strip (Condition 5) will further reduce the potential impact. The proposed amended scheme would therefore not have any greater impact on the residential and visual amenities of the area than the existing extant scheme, and indeed the incorporation of the design alterations as required by conditions 4 and 5 would ensure that any impact is further ameliorated and in this respect conforms to UDP Policies EV1 and EV2.
Condition 2 The materials used for the external surfaces of the development shall be in accordance with details submitted to and approved in writing by the Local Planning Authority before the development is commenced.
The requirements of this condition have been complied with following the submission and approval of a schedule of materials which were confirmed to be acceptable for use within the development (samples are detailed under Condition 3 below).
Condition 3 Samples of all external finishes shall be submitted to and approved in writing by the Local Planning Authority before the development is commenced.
As indicated above, following the submission of a schedule of materials and samples of the external finishes, it was confirmed that the requirements of the condition were complied with. The proposed palette of materials include:
• pre-patinated copper roof • projecting fascias/flat fascias/brise soleil to be in powder coated aluminium (RAL 7037 Grey) • Render to spine wall (red) • Render to other walls (ivory) • Natural rubble stone AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
• Brick to plinth areas (Ibstock Staffordshire Slate Blue Smooth) • Windows to be in powder coated aluminium (RAL 7037 Grey) • Sand-blasted Glass (certain areas only) • Balustrade uprights and handrails to be in seasoned Welsh Oak • Cedar Cladding
Condition 4 Notwithstanding the details shown on the submitted plans the elevational treatment to the swimming poll and health suite buildings shall be in accordance with detailed plans to be submitted to and approved by the Local Planning Authority, to include additional areas of solid walling and obscure glazing and a reduction in size of the first floor sun terrace.
The condition requires that notwithstanding the details shown on the approved drawings, the elevational treatment to the swimming pool and health suite buildings shall be subject to further detailed plans to include additional areas of solid walling and obscure glazing and a reduction in size of the first floor sun terrace. This was in the interests of visual amenity and to mitigate the impact of the development on the residential amenity of the occupants of the properties in Mill Lane. The revised drawings submitted with this current application indicate significant alterations to the approved drawings, in particular the introduction of the additional areas of solid walling (stone) and the bris soleil window shading to the southern and eastern elevations of the swimming pool. Additionally, the area of the first floor balcony /sun terrace on the southern elevation has been reduced in size and that the balcony walling would consist of a solid construction to limit the potential for overlooking from the glazed first floor area and balcony. Overall, it is considered that the elevational treatment to the swimming pool and health suite buildings would be line with the requirements of this condition.
Condition 5 Notwithstanding the details shown on the submitted plans the raised terraces adjacent to the proposed swimming pool shall be reduced in size to provide a landscaping strip a minimum 5 metres in width to the north side of the new Mill Race channel in accordance with a detailed scheme to be submitted to and approved by the Local Planning Authority.
The approved drawings indicated large external pool sun terraces together with an external deck and pool on the southern and eastern elevations adjacent to the proposed Mill Race channel. Notwithstanding the indicated details on the approved drawings the condition requires these areas to be reduced in size in order to provide a 5 metre wide (minimum) landscaping strip to the northern side of the realigned Mill Race channel. The submitted revised drawings have significantly reduced the area of the external raised terraces on the southern and eastern elevations of the health suite and swimming pool respectively and a minimum 5 metre wide planted buffer zone has been introduced on the northern side of the proposed Mill Race channel, the details of which were approved under condition 11. The submitted details would satisfy the requirements of this condition.
Condition 6 Notwithstanding the submitted plans a 5 metre wide landscaped buffer area shall be provided between the proposed service yard and the Mill Gardens Chalet Park in accordance with a detailed scheme to be submitted to and approved by the Local Planning Authority. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
The condition was imposed in order to mitigate the operation of the service yard and the overall visual impact of the proposed development on the residential amenities of the occupants of the chalet units in Mill Gardens, in particular to screen the service yard from view and to provide a visual and physical buffer between the development and the residential chalet park. The revised drawings indicate a 5 metre wide landscaped buffer area between the proposed service yard /operational parking area and the Mill Gardens Chalet Park, which has required an alteration to the layout of the service yard and the proposed area of operational parking. Additionally, the approved landscape drawings under condition 11 approved the planting details for this area and would therefore satisfy the requirements of this condition.
Condition 7 The use of the service yard shall be restricted to the hours between 8.00 a.m. and 8.00 p.m., except for employee parking in the operational parking area shown on the submitted plans.
It has previously been indicated that the service yard will be operated between the hours of 8.00 a.m. and 8.00 p.m. in accordance with the restriction of the planning condition.
Condition 8 Prior to the use commencing, the boundaries of the service yard shall be fully enclosed in accordance with a detailed scheme to be submitted to and approved by the Local Planning Authority.
Whilst details of a 2.0 metre high timber screen fence were agreed under Condition 11, the condition has not yet been formally discharged.
Condition 09 Notwithstanding the submitted plans, prior to the commencement of the development full details of the river and mill race diversion works including the details, means and method of construction of the new river channels, treatment of the embankments, landscaping and conservation mitigation measures and protection measures for the ‘Roman Bridge shall be submitted to and approved by the Local Planning Authority. The development shall be carried out if full accordance with these approved details.
Flood Defence Consents were issued by the Environment Agency (EA) under the Water Resources Act 1991 dated 29 September, 2003 for the diversion of the Clyne River Channel. Additionally, detailed drawings have previously been submitted indicating the full details of the river and mill race diversion works which were also approved by the EA. The submitted details were therefore approved and Condition 9 complied with, subject to the completion of the development in full accordance with the approved details.
UDP Policy EV36 with regard to development and flood risk indicates that new development within flood risk areas, as shown on the Development Advice Maps that accompany TAN 15, will only be permitted where it is demonstrated that the location is justified and the consequences associated with flooding are acceptable. In consideration of Ref:99/0415 the EA did not object to the proposal in principle, being satisfied that the site is within an area allocated for potential development and that mitigation and design measures were proposed to avoid increasing the risk of flooding in the area were acceptable in line with the requirements at that time, prior to TAN15. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
The planning permission under Ref: 99/0415 was granted prior to the publication of TAN15: Development and Flood Risk (2004). The site lies within Zone C2 on the development advice map. Whilst recognising the extant planning permission, having regard to the potential flood risk, the EA advise that an updated flood risk study should be prepared in order to provide a guide to improve the flood resilience of the proposed development. Additionally, the EA indicate that the previously Flood Defence Consents have now expired and that new applications will need to be made and that any new consent applications will need to be accompanied by a revised flood study. However, as indicated above, this current application relates to the conditions of the planning permission and the principle of the planning permission is not a matter for consideration. Therefore it would be inappropriate to request a revised flood study having regard to the nature of the application. Condition 10 Prior to the commencement of development, full details of the measures proposed for the future maintenance and management of the diverted water courses shall be submitted to and approved by the Local Planning Authority.
Details have previously been submitted of the proposed Watercourse Management and Maintenance Plan for the diverted water courses, which included a legal agreement incorporating a covenant on the site owner to maintain to the satisfaction of the Environment Agency and the Council the diverted watercourse. It was previously agreed that the submitted details of the future maintenance and management of the diverted water courses would be acceptable to satisfy the requirements of this condition.
Condition 11 Prior to the commencement of development, full landscaping and means of enclosure details of the Mill Lane frontage shall be submitted to and approved by the Local Planning Authority. The scheme as approved shall include details of the future management and maintenance of this area, and shall be completed prior to the development being brought into beneficial use. &
Condition 12 Other than shown on the approved plans, no development of any type shall take place on the areas to be retained for landscaping along the Mumbles Road frontage, as indicated on the attached plan. These areas shall be landscaped and managed in accordance with a detailed scheme to be submitted to and approved by the Local Planning Authority prior to the commencement of the development.
Detailed landscaping drawings and landscape management plan have previously been submitted and were confirmed to be acceptable to satisfy the requirements of these conditions.
Condition 13 Prior to the use of the development commencing, the former station platform shall be hard landscaped in accordance with a detailed scheme to be submitted to and approved by the Local Planning Authority.
Landscape proposals for the former station platform have yet to be submitted and are not included in this current application. The condition is therefore outstanding. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
Condition 14 No development shall take place until the applicant or agent or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in wiring by the Local Planning Authority.
The site encompasses a section of the former Swansea and Mumbles Railway Sites and Monuments Record includes a record of remains of the railway within the site, now evident as the platform area and viaduct. There is one listed structure which is the Grade II Listed bridge known as the “Roman Bridge”. These are proposed to be retained as part of the development. The setting of the Listed Roman Bridge will be altered as a result of the development, in particular the works to divert the river channel. The approved plans propose a ‘softer’ treatment to the new river revetments, particularly in the vicinity of the Roman Bridge, which will retain a more natural setting for the bridge. The bridge abutments will require protection using appropriate hard materials, to ensure its future stability without impacting on the flood flow capacity of the diverted river.
An archaeological written scheme of investigation has previously been submitted and it was confirmed that the scheme of investigation was acceptable, however, the condition cannot be fully discharged until the archaeological site work and subsequent post- excavation analysis has been undertaken in order to fulfil the submitted programme of archaeological investigation. However, the planning condition specifically requires that no development shall take place until the implementation of a programme of archaeological work has been secured and therefore the approved written scheme of investigation would allow the development to proceed in accordance with this condition.
Condition 15 Prior to the commencement of development a detailed scheme for the formation and landscaping of the public and private car parking areas shall be submitted to and approved by the Local Planning Authority. The scheme shall include details of the proposed levels and ground contouring and shall provide for a landscape bund (a minimum of 1.5 metres higher than the level of the car park) to the Mumbles Road and Derwen Fawr Road frontages. The landscaping scheme as approved, which shall include details of future maintenance and management, shall be carried out prior to the uses of the development commencing.
The remodelling of the car park will result in the loss of a significant amount of the existing trees and grassed areas within the car park. An important group of trees is however being retained in the centre of the car park as are the majority of the mature trees around its periphery. The detailed landscaping plans indicate the retention of a 9m wide raised (1.5m) bund along Mumbles Road and a 7m wide bund along Derwen Fawr Road. It is considered that the landscaped bunds will provide an effective screen to the car park. Detailed landscaped drawings and a landscaped management plan have been previously submitted, which indicated the landscaping of the public and private car parking areas, which were considered to be acceptable and satisfied the requirements of the planning condition.
It is proposed to remodel the existing car park and provide two distinct areas, one for the public – providing 132 spaces which is slightly less than at present although still acceptable and, an area of parking for customers using the development which accommodates 118 spaces. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
The Head of Transportation considers that with such a range of facilities the application of adopted parking guidelines is unsuitable and has therefore used trip generation figures from TRICS database to calculate an hourly profile, on that basis he considers there is sufficient parking to accommodate all visitors as the profile indicates the need for 107 spaces. It is acknowledged that occasionally at summer peak times there have been parking problems at Blackpill when the existing car park overflows, principally as a result of visitors to the new Lido. This is not however a regular or frequent occurrence and for the majority of the time the existing car park is significantly underised. As the total parking provision is being increased and the public parking being largely retained and rationalised to make it easier to use, it is considered that the proposed development complies with this criteria.
Condition 16 The development including the interior and exterior of the building, the car park and all external areas shall be illuminated only in accordance with a detailed scheme to be submitted to and approved by the Local Planning Authority. This scheme shall include specified hours for both internal and external illumination.
With regard to light, it is considered that low level lighting of the car park and pedestrian routes can be controlled by planning conditions so as to minimise the impact of light on the properties in Derwen Fawr Road. The greatest potential nuisance from light will therefore be on the properties in Mill Lane and Mill Gardens, particularly from the swimming pool and health suite which have glazed elevations facing some of these properties. It is considered necessary and reasonable to control the potential for light pollution by conditioning the internal and external illumination of these elevations, and the details of the external finishes. The means and times of illumination of the external areas, in particular the service yard, also needs to be controlled by condition to avoid unacceptable light pollution. A lighting scheme together with an operational statement has yet to be submitted.
Condition 17 The development shall not be brought into beneficial use before the implementation of revised Traffic Regulations Orders on Mill Lane in the vicinity of the development site.
The development is to incorporate land adjacent to the existing ‘Mumbai’ Restaurant in Mill Lane which is currently used for informal parking, especially by restaurant customers and by people visiting Blackpill Lido. Whilst the letters of objection make reference to the loss of car parking in this area, it is emphasised that this area is part of the development site and is private land and has therefore been used informally for parking. It is considered that the development may cause displacement of this parking along Mill Lane and the Head of Transportation has reiterated the need for the development not to be brought into beneficial use until Traffic Regulation Orders have been implemented along and in the vicinity of the site frontage to Mill Lane in order to safeguard against indiscriminate parking.
Condition 18 The development shall not be brought into beneficial use until road safety enhancements in the vicinity of Derwen Fawr Road / Mumbles Road junction have been completed in accordance with a detailed scheme to be submitted to and approved by the Local Planning Authority. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
A Transport Assessment was submitted with the original application and the Head of Transportation indicates that this is still applicable to the current amended scheme. The Traffic Assessment indicated that testing has been undertaken at Mumbles Road/Derwen Fawr Road and it should be noted that peak attraction for this development is unlikely to occur during the normal network peaks when traffic on the surrounding roads is at its highest. The development is predicted to add as little as 1% and 2% in the AM and PM peaks respectively. The development peak time of 7-8pm is predicted to add approximately 6% to existing flows at that time. Little additional traffic would be generated at the Mill Lane junction as this would only provide service and staff access.
The Head of Transportation indicates that the previous recommendation was that a contribution would be required from the development to fund highway works in the vicinity and the figure quoted was £75,000. This was to be made available from the Capital Receipt from the sale of the site (the existing Blackpill car park being in Council ownership) and will enable minor improvements to be carried out and also fund a traffic management study of the area.
As indicated above, the LPA may reimpose all required conditions and indeed any new conditions it feels are necessary. Whilst the Head of Transportation acknowledges that the revised scheme will not increase the overall floor area, in the light of present circumstances, a number of additional conditions are recommended including: i) The development shall not be brought into beneficial use until a footway has been constructed along the Mill Lane frontage, providing a continuous facility from the junction with Mumbles Road up to the access junction to the `Mumbai’ and development service access route. ii) The site boundary shall be set back at the south-west corner of the site at the entrance into the service yard to ensure a visibility splay of 2.4m x 43m onto Mill Lane. iii) The development shall not be brought into beneficial use until road surface improvements have been carried out at the junction of Derwen Fawr Road and Mumbles Road in accordance with a detailed scheme to be submitted to and approved by the Local Planning Authority. iv) The development shall be carried out in accordance with a Travel Plan, to be submitted to and approved by the Local Planning Authority, prior to the beneficial use commencing.
Condition 19 Noise from the development when measures at any point on the site boundary shall not exceed NR35.
With regard to noise, whilst the increased traffic using the main car park will result in additional noise along Derwen Fawr it is considered that the greatest potential for noise nuisance is from the building itself, both in terms of noise from the service systems and from users of the facility. The condition should therefore ensure that noise generation from all plant, machinery and ventilation systems is minimised so that the development does not cause a noise nuisance, particularly during the night when ambient noise levels are low. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
With regard to the noise caused by users of the facility, whilst the majority of this will be contained within the building and be addressed by careful consideration of the noise insulation proposals for the building itself, in particular the swimming pool, the terraces outside the swimming pool and health suite could be a specific source of noise nuisance. The reduction in the size of these terraces, as agreed under Condition 5, recommended in the interests of visual amenity to enable additional screen landscaping, would also reduce the potential for noise nuisance from these terraces. In order to conform to the requirements of the condition, it has been indicated that an acoustic statement will be submitted.
CONCLUSION As previously indicated, this Section 73 application seeks planning permission to carry out the development under the extant planning permission Ref:99/0415 but without compliance with Condition 1, to complete the development in accordance with the approved plans. Whilst the design alterations makes significant alterations to the internal arrangement of the accommodation within the health and leisure centre, the overall footprint and scale of the proposal remains substantially unchanged and indeed there is a marginal decrease in the overall floorspace. The external alterations would essentially retain the character and appearance of the development approved by the extant planning permission whilst incorporating design alterations required in accordance with Conditions 4 and 5 of the planning permission.
Whilst this Section 73 application has generated a number of objections, these generally relate to the principal of the development, however, this is not a matter for consideration, and these, were issues considered, when the application was assessed and granted planning permission in February, 2002. Similarly, whilst the Countryside Council for Wales have requested the submission of additional information to assess the ecological interest in the area, it is reiterated that the extant planning permission (Ref:99/0415) was accompanied by an Environmental Statement which assessed the impact on a range of environmental issues.
In consideration of this Section 73 application, the LPA must only consider the question of the conditions of the planning permission and cannot revisit the principles of the planning permission. Notwithstanding this, having regard to the consideration of Development Plan Policy, Policies HC22, EC15 and EC16 of the UDP and also the adopted Swansea Bay Strategy, support the development of the health and leisure centre at this location. In determining the Section 73 application, the LPA must consider the reason and functions of the planning permission conditions and the degree to which they make the development acceptable, which involves considering the relative impact on material considerations of adhering to the existing conditions rather than allowing new conditions. It is not considered that the impact of the amendments on the material considerations having changed substantially, and it is recommended that the Section 73 application is approved. As a new planning permission will effectively be created, the LPA must re-impose all required conditions together with any new conditions it considers to be appropriate.
RECOMMENDATION:
To grant permission to carry out the development under planning permission Ref: 99/0415 without complying with Condition 1 of that permission, subject to the following new / amended planning conditions: AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
1 The development shall be commenced not later than the expiration of 5 years from the date of this planning permission and shall be completed in accordance with the said application plans and conditions prior to any part thereof being brought into beneficial use, unless otherwise agreed in writing by the Local Planning Authority. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990 and to ensure that the development is completed in accordance with the plans approved by the City and County of Swansea, and so avoid any detriment to amenity or public safety by works remaining uncompleted.
2 The materials used for the external surfaces of the development shall be in accordance with the approved scheme under planning permission ref: 99/0415, unless otherwise agreed with the Local Planning Authority. Reason: In the interests of visual amenity.
3 Samples of all external finishes shall be in accordance with the approved scheme under planning permission ref: 99/0415, unless otherwise agreed with the Local Planning Authority. Reason: In the interests of visual amenity.
4 The use of the service yard shall be restricted to the hours between 8.00 a.m. and 8.00 p.m., except for employee parking in the operational parking are shown on the submitted plans. Reason: To protect the residential amenity of the occupants of Mill Lane and Mill Gardens from noise and disturbance at unsocial hours.
5 Prior to the use of the development commencing, the boundaries to the service yard shall be fully enclosed in accordance with a detailed scheme to be submitted to and approved by the Local Planning Authority. Reason: In the interests of visual amenity and to mitigate the impact of the service yard on the residential amenity of the residents of Mill Lane and Mill Gardens.
6 The details of the river and mill race diversion works including the details, means and method of construction of the new river channels, treatment of the embankments, landscaping and conservation mitigation measures and protection measures for the `Roman Bridge shall be constructed in accordance with the approved scheme under planning permission ref: 99/0415, unless otherwise agreed by the Local Planning Authority. Reason: In the interests of hydrology, ecology and conservation, and visual amenity and to protect the setting and integrity of the listed bridge.
7 The details of the measures proposed for the future maintenance and management of the diverted water courses shall be in accordance with the approved scheme under planning permission ref: 99/0415, unless otherwise agreed by the Local Planning Authority. Reason: To ensure the effective and efficient future management and maintenance of these watercourses and to protect the general hydrology of the area. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
8 The landscaping and means of enclosure details of the Mill Lane frontage, including the details of the future management and maintenance of this area, shall be completed prior to the development being brought into beneficial use in accordance with the approved scheme under planning permission ref: 99/0415, unless otherwise agreed by the Local Planning Authority. Reason: In the interests of visual amenity and to mitigate the physical and visual impact of the development on the amenity of the occupants of the properties in Mill Lane.
9 Other than shown on the approved plans, no development of any type shall take place on the areas to be retained for landscaping along the Mumbles Road frontage, as indicated on the attached plan. These areas shall be landscaped and managed in accordance with the approved scheme under planning permission ref: 99/0415, unless otherwise agreed by the Local Planning Authority. Reason: In the interests of visual amenity and the ecology of the area and to mitigate the physical and visual impact of the development when viewed from Mumbles Road.
10 Prior to the use of the development commencing, the former station platform shall be hard landscaped in accordance with a detailed scheme to be submitted to and approved by the Local Planning Authority. Reason: To protect and enhance this important heritage feature.
11 The development shall be implemented in accordance with the approved programme of archaeological written scheme of investigation under planning permission ref: 99/0415, unless otherwise approved by the Local Planning Authority. Reason: To protect the archaeological resource within the site.
12 The detailed scheme for the formation and landscaping of the public and private car parking areas shall be completed in accordance with the approved scheme under planning permission ref: 99/0415, including the details of the future maintenance and management, and shall be carried out prior to the uses of the development commencing. Reason: In the interests of visual amenity, to mitigate the visual impact of the enlarged car park when viewed from Mumbles Road and Derwen Fawr Road.
13 The development including the interior and exterior of the building, the car park and all external areas shall be illuminated only in accordance with a detailed scheme to be submitted to and approved by the Local Planning Authority. This scheme shall include specified hours for both internal and external illumination. Reason: To prevent light pollution and glare which would be detrimental to the residential amenity of the occupants of Derwen Fawr Road, Mill Lane and Mill Gardens.
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
14 The development shall not be brought into beneficial use before the implementation of revised Traffic Regulations Orders on Mill Lane in the vicinity of the development site. Reason: In the interests of highway safety.
15 The development shall not be brought into beneficial use until road surface improvements have been carried out at the junction of Derwen Fawr Road and Mumbles Road in accordance with a detailed scheme to be submitted to and approved by the Local Planning Authority. Reason: In the interests of highway safety.
16 The development shall not be brought into beneficial use until a footway has been constructed along the Mill Lane frontage, providing a continuous facility from the junction with Mumbles Road up to the access junction to the `Mumbai' restaurant and development service access route. Reason: In the interests of pedestrian safety.
17 The site boundary shall be set back at the south-west corner of the site at the entrance into the service yard to ensure a visibility splay of 2.4m x 43m onto Mill Lane. Reason: In the interests of highway safety by allowing adequately visibility for emerging vehicles.
18 The development shall be carried out in accordance with a Travel Plan, to be submitted to and approved by the Local Planning Authority, prior to the beneficial use commencing. Reason: In the interests of sustainability and to prevent unacceptable highway congestion.
19 Noise from the development when measures at any point on the site boundary shall not exceed NR35. Reason: To prevent noise pollution and nuisance detrimental to the residential enjoyment of the occupants of the properties in Mill Lane and Derwen Fawr Road.
INFORMATIVES
1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: (EV26, HC22, EC15, EC16, HC18, EV1, EV2, EV3, EV6, EV26, EV27, EV30, EV33, EV35, EV36, EV37, AS1, AS2, AS4, AS5 & AS6)
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 29 (CONT’D) APPLICATION NO. 2008/1775
2 i. The applicant is requested to contact the Head of Environmental Management and Protection prior to the commencement of any works on site in order to identify any statutory controls which may be required in relation to the specific works being carried out and the hours of working on the site.
ii. The applicant's attention is drawn to the requirements of the Highways Act not to cause obstruction to the users of the public highway nor to allow soil, and or other materials to be deposited onto the street, and to obtain consent for the storage of building materials on the public highway. The applicant should contact the Head of Transportation to advise on the requirements of the Act and the penalties for non-compliance.
3 The Travel Plan shall include details of car reduction initiatives and methods of monitoring, review and adjustment where necessary. Advice on Travel Plans can be obtained from Jayne Cornelius, SWWITCH Travel Plan Co-ordinator Tel 07796 275711.
4 This consent is issued without prejudice to any other consents or easements that may be required in connection with the proposed development.
5 The applicant's attention is drawn to the requirements of the Chronically Sick and Disabled Persons Act 1970, the Disability Discrimination Act, 1995 and to the provisions of Part M of the Building Regulations.
The document "Designing an Accessible Environment" provides guidance for developers on designing an accessible environment for disabled persons and is available from the Building Control Section of the Environment Department at the Civic Centre, Swansea.
PLANS
Site location plan, DRNG.NO.-P02 C- proposed site plan, P04 B- upper level floor plan, P05 B- lower level floor plan, P06 B- south elevation & plant void over health suite, P07 B- east & west elevations, P08 B- north elevations received 26th August 2008
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 20 APPLICATION NO. 2008/1843 WARD: Area 2 Mayals
Location: 152 Mumbles Road, Blackpill, Swansea, SA3 5AW Proposal: Replacement detached bungalow (amendment to Planning Permission 2008/0078 granted 4th March 2008) Applicant: Mr D Davies
BACKGROUND INFORMATION
POLICIES
Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).
Policy EV2 The siting of new development shall give preference to the use of previously developed land and have regard to the physical character and topography of the site and its surroundings. (City & County of Swansea Unitary Development Plan 2008).
Policy EV3 Proposals for new development and alterations to and change of use of existing buildings will be required to meet defined standards of access. (City & County of Swansea Unitary Development Plan 2008)
Policy HC2 Housing development within the urban area will be supported where the site has been previously developed, its development does not conflict with other policies, does not result in ribbon development, and the coalescence of settlements, overintensive development, loss of residential amenity, adverse effect on the character and appearance of the area, loss of urban green space, harm to highway safety, adverse effects to landscape, natural heritage, security and personal safety, infrastructure capacity, and the overloading of community facilities and services. (City & County of Swansea Unitary Development Plan 2008)
SITE HISTORY
App No. Proposal 2008/0078 Replacement detached bungalow. Decision: Grant Permission Conditional Decision Date: 04/03/2008
90/0507/03 EXTENSION TO HOUSE. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 01/05/1990
90/0731/03 DOMESTIC GARAGE. Decision: *HWD - WITHDRAWN Decision Date: 18/01/1995 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 20 (CONT’D) APPLICATION NO. 2008/1843
2004/1906 Detached garage Decision: Grant Permission Conditional Decision Date: 07/10/2004
2005/1335 Two storey side extension, single storey side extension and addition of 1.1m railings to existing single storey rear extension to form balcony Decision: Grant Permission Conditional Decision Date: 07/11/2005
2006/1251 Retention of detached garage Decision: Grant Permission Conditional Decision Date: 03/10/2006
88/0173/03 PROVISION OF AN ACCESS TO EXISTING BUNGALOW. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 12/04/1988
89/1354/03 SWIMMING POOL. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 14/02/1990
91/0119/03 ERECTION OF INTEGRAL INDOOR SWIMMING POOL Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 08/04/1991
91/0841 SINGLE STOREY FRONT, SIDE AND REAR EXTENSION AND INCREASE IN ROOF HEIGHT OF PART OF EXISTING BUILDING TO ACCOMMODATE SWIMMING POOL AND GAMES/BAR ROOM Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 22/10/1991
2001/2086 Construction of new access and driveway Decision: Grant Permission Conditional Decision Date: 19/02/2002
2006/1743 Part demolition of existing bungalow and replacement single storey front/side extension Decision: Grant Permission Conditional Decision Date: 25/10/2006
2008/1106 Detached garage, front wall and gates. Decision: Grant Permission Conditional Decision Date: 04/12/2008
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 20 (CONT’D) APPLICATION NO. 2008/1843
83/0907/10 LOP MAJOR BRANCH FROM HOLM OAK NO. T7 Decision: *HGCC - GRANT CONSENT WITH CONDITIONS Decision Date: 25/08/1983
RESPONSE TO CONSULTATIONS
Neighbours: Twelve neighbouring dwellings were individually consulted and SIX LETTERS OF OBJECTION were received which is summarised below:
1. Inaccurate plans. 2. Overlooking. 3. Loss of privacy. 4. Out of proportion for the size of the plot. 5. Obtrusive form of development. 6. Loss of trees. 7. Height. 8. Drainage issues. 9. Length and size of the property.
Highways: There are no highway safety issues with this application I recommend no highway objections be raised.
APPRAISAL
Retrospective planning permission is sought for a detached dwelling at 152 Mumbles Road, Blackpill. In terms of the site history, the application plot was the original dwelling of the site. In 1963 the larger dwelling No 150 was approved and is situated to the front of smaller bungalow. Planning permission was previously granted for a replacement dwelling Ref: 2008/0078. During construction the dwelling was not built in accordance with the approved plans and this application seeks to regularise the proposal. The plans differ in that:
1. Three Velux type window inserted into rear elevation. 2. Eaves height raised by 100mm. 3. Ridge height raised by approximately 200mm. 4. Slit windows widened in the snug room. 5. Positioning and design of front facing velux windows altered. 6. Ground floor windows in side elevations which serve the kitchen and lounge have been reduced in number and their positioning altered.
Given the principle of development has clearly been established with the previous permission, the main issues with regard the determination of this application are whether the proposed amendments are considered to have an unacceptable affect upon visual amenity or the residential amenities of the neighbouring occupiers, having regard for Policies SP1, SP2, SP3, EV1, EV2, EV3 and HC2 of the Swansea UDP. It is not considered that the provisions of the Human Rights Act or the submitted Access Statement raise any additional issues. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 20 (CONT’D) APPLICATION NO. 2008/1843
In visual terms it is not considered that the increase in height and amendments to the pattern of fenestration would unacceptably affect the character and appearance of the existing building or the visual amenity of the wider street-scene in compliance with the provisions of Policies SP1, SP2, SP3, EV1, EV2 and HC2 of the Swansea UDP.
Turning to residential amenities given the proposed siting and orientation of the proposed increase in ridge height will not it is considered give rise to unacceptable overbearing or overshadowing impacts upon neighbouring occupiers over and above the approved scheme. With regard the amendments to the front and side facing patterns of fenestration it is not considered that they will give rise to unacceptable overlooking over and above what was originally approved. In terms of the additional velux type windows to the rear elevation, they will afford some overlooking into the private amenity space of to the rear of No 28 Fernhill Close and as such a condition is recommended to ensure the velux windows are obscurely glazed and fixed shut.
The previous permission Ref: 2008/0078 required all front facing velux windows to be obscurely glazed below 1.8m above internal floor level. However, following a site visit it has become apparent that the front facing velux windows serving the hallway and bedroom 1 would not give rise to unacceptable overlooking and as such a condition in this respect is no longer considered appropriate for these rooms. Subject to a condition requiring the front bathroom and rear games room to be fixed and obscurely glazed, it is considered that the proposal would not have an unacceptable impact upon the amenity of neighbours and is in compliance with Policies EV1 and HC2 of the Swansea UDP.
Having consulted the Head of Transportation and Engineering there are no highway safety issues with regard to this application and no highway objections are raised.
Notwithstanding the submitted plans, five letters of objection have been received in respect of the scheme raising concerns in relation to the additional overlooking, privacy, height and the length and size of the proposal. The issues pertaining to which have been addressed above.
The accuracy of the plans has been brought into question, however, the application has been determined on the basis of the information provided.
With regard the impact on the protected trees, the siting of the dwelling has not altered from what was previously approved and as the dwelling is still in excess of 10m from the new dwelling a condition is still considered sufficient to overcome these concerns.
In conclusion it is considered that the proposed amendments are considered acceptable and will not result in a detrimental impact upon visual or residential amenity in compliance with the principles of Policies SP1, SP2, SP3, EV1, EV2, EV3 and HC2 of the Swansea UDP and approval is recommended.
RECOMMENDATION
APPROVE, subject to the following conditions;
1 The development shall be completed in accordance with the said application plans and conditions prior to any part thereof being brought into beneficial use, unless otherwise agreed in writing by the Local Planning Authority. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 20 (CONT’D) APPLICATION NO. 2008/1843
Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990 and to ensure that the development is completed in accordance with the plans approved by the City and County of Swansea, and so avoid any detriment to amenity or public safety by works remaining uncompleted.
2 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or amending that Order), Classes A, B, C, D and E of Part 1 of Schedule 2 shall not apply. Reason: The development hereby approved is such that the Council wish to retain control over any future development being permitted in order to ensure that a satisfactory form of development is achieved at all times.
3 The roof lights in the rear elevation serving the proposed games room and front elevation serving the proposed bathroom shall be fixed shut and obscurely glazed below 1.8m above internal floor level and shall be retained as such unless otherwise agreed in writing with the Local Planning Authority. Reason: To safeguard the privacy of the occupiers of neighbouring residential properties.
4 Before the development hereby approved is occupied the means of enclosing the boundaries of the site shall be completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of visual amenity and general amenity.
5 No development or other operations shall take place except in accordance with the guide on "The Protection of Trees on Development Sites" attached to this planning permission. No trees, shrubs, or hedges shall be felled or cut back in any way, except where expressly authorised by the landscaping scheme as approved by the Local Planning Authority until two years after the completion of the development. Any trees, shrubs or hedges removed without such authorisation, or dying, or being seriously damaged or diseased before the end of that period shall be replaced by plants of a size and species as may be agreed with the Local Planning Authority. Reason: To secure the protection of trees growing on the site whilst the development is being carried out.
INFORMATIVES
1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: (Policies EV1, EV2, EV3 and HC2 of the Swansea UDP).
PLANS
Site location plan, 10 block plan received 8th September 2008. Amended plans 03F proposed floor plans, 04J proposed elevations received 10th November 2008
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008 ITEM 5 APPLICATION NO. 2008/1544 WARD: Area 2 Oystermouth
Location: Cafe Valance, Newton Road, Mumbles, Swansea, SA3 4BQ Proposal: Single storey rear extension with timber decked area and canopy to first floor, rear access doors, extension to existing rear decked area and rear canopy, new external rear staircase, associated works and change of use of first and second floor accommodation to provide four letting bedrooms Applicant: Sir/Madam
BACKGROUND INFORMATION
Unitary Development Plan 2008
Part 1
Policy SP4 Proposals to develop or improve the variety and quality of tourism facilities will be supported where they contribute to the growth of the local economy, and where they do not have a significant impact on natural heritage and the historic environment or the amenity of local communities
Policy SP6 The improvement for new retail, cultural and business development will be the City Centre. The improvement and enhancement of District and Local Shopping Centres will be supported.
Part 2
Policy EV1 New development shall accord with the objectives of good design.
Policy EC15 Proposals that consolidate the urban tourism resource by improving the quality and range of attractions, destinations, accommodation and services will be supported at the following locations: (v) Mumbles and specific destinations around Swansea Bay.
Policy AS6 Parking provision to serve development will be assessed against adopted maximum parking standards.
RESPONSE TO CONSULTATIONS
The application was advertised on site and two individual properties were consulted. ELEVEN LETTERS OF OBJECTION have been received which are summarised as follows:
1. The rear decked area will allow drinkers and diners to overlook what are at present quiet residential houses and bring more noise to the area that is already swamped with licensed premises. 2. Where would customers park? AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 5 (CONT’D) APPLICATION NO. 2008/1544
3. Where will prospective B & B customers gain entry to their rooms – presumable in Castle Street, a single lane one-way street – not tending to be quiet or careful of their surroundings and will change the atmosphere of our street. 4. It will change our neighbourhood for ever and not for any good except for the owners who don’t intend living there. 5. We have no issues with the first floor, stairs and toilet. 6. The external doors, decking and canopy will affect our privacy as it is a higher level than our garden and directly overlooks it. 7. There is concern about customers children playing in the decking area and customers smoking there as it would affect our right to peace and quiet and the potential for rubbish. 8. If the double doors are open on warm nights or heaters are placed there, there is a potential for noise and disturbance to us and those in Castle Street. 9. If there are to be two rooms to let there are two car parking spaces leaving staff and customers to find on–street parking. 10. If permission is granted it could devalue the sale price of the adjoining properties as there would be no privacy in the garden areas. 11. Castle Street is a fully residential street with no commercial premises or business in existence. 12. The properties are mainly owner occupied and the majority of resident’s elderly. 13. Should the rear extension be allowed it will look directly into the bedrooms of several houses in Castle Street, causing loss of privacy. 14. The top end of Newton Road was a residential area with a small number of shops but over recent years they have been converted at ground level. The only exception is Peppers Wine bar. 15. There will be little space left for storage of refuse. 16. We have concerns that the café already has a licence to sell alcohol and play live music, which has been a trial to the immediate neighbours, and should the balcony extension with its patio doors, many castle Street residents will have the same problem. 17. Castle Street is a narrow one way street with no residents parking and we frequently have problems parking. Should Café Valance customers use the rear to access the café, it will make the parking problem even worse. 18. Increased traffic and noise from live music.
The LETTER OF SUPPORT is summarised below:
1. It is a well run establishment which is the nearest thing to the much vaulted café society of Italy, Spain or France. We feel it is only right to support these people in their efforts.
Mumbles Community Council – Object
1. Support neighbours 2. Over intensification, out of keeping with existing dwellings to rear. 3. Concerns over parking, entrance affecting residents.
Highways Observations - This proposal is to extend the existing Café on the ground floor and convert part of the upper floors to letting bedrooms. The design and access statement submitted with the application confirms that there will be 4 letting bedrooms, whereas the applicant sates that only 2 bedrooms will be let. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 5 (CONT’D) APPLICATION NO. 2008/1544
There is a parking area at the rear of the building that will accommodate approximately 2 vehicles and this is currently seen to be in use. Parking needs to be provided for the letting bedrooms and for the staffing of the café, whereas customers would normally be expected to park in public facilities or on-street as Cafés tend to accommodate existing visitors in the area rather than generate custom in their own right. In order to satisfy parking needs I consider that there is a need for 5 / 6 parking spaces which currently cannot be accommodated.
Parking in Mumbles is at a premium, particularly in the vicinity of the application premises and I am concerned therefore that this proposal will generate demand for further parking that cannot be satisfactorily accommodated.
Refusal is recommended on the grounds that the site will not accommodate adequate parking to support the operational needs of the proposed development, thereby likely resulting in additional demand for on-street parking further exacerbating on-street congestion in the vicinity to the detriment of the safe and free flow of vehicles and pedestrians.
Highway amended observations (following the submission of a layout plan indicating 4 car parking spaces to rear of property) –
Following further information and confirmation from the applicant, in particular that the cafe operator does not live on the premises, I consider that the four spaces indicated will be acceptable for the 4 letting bedrooms. I therefore recommend no highway objection subject to the parking area being complete and available for use prior to the extension being brought into use and the parking spaces being retained as such use in perpetuity.
Applicant’s Statement The proposed alterations to the ground floor have become necessary due to the demands for extra seating as the present café area cannot cope with the demand from the general public. It is therefore proposed to relocate the trade kitchen to the first floor rear annexe and use the existing kitchen/store area as additional seating area for the café. To comply with current regulations it will then be necessary to provide additional male and female toilets to cope with the increased number of customers. The extension to the side yard area will facilitate these toilets. It will then be necessary to re-site the rear fire escape staircase from the first floor and extend the rear patio area to accommodate this. The proposal to convert the upper floors into letting bedrooms is being driven by the need for more letting accommodation in Mumbles and is supported by the Welsh Tourist Board. The position of the premises in the heart of Mumbles makes it an ideal position fro providing letting bedrooms for tourism and to boost Mumbles economy. There are at present two car parking spaces to the rear of the premises, this could be increased to four if so required.
To support these applications we submit additional documentation (i) minutes from the public meting, (ii) schedule of existing premises in Newton Road, (iii) photographs of properties in Newton Road
You will note from the minutes taken of the meeting only two objections were received. The issues they raised were dealt with in the meeting and in our view the privacy and noise issues would not occur as entry and egress is from the front of the building. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 5 (CONT’D) APPLICATION NO. 2008/1544
The parking situation is the same for all businesses in Newton Road and the additional 35 seats to the café will not exacerbate the situation. It is not a residential area and the majority of the premises at the top of Newton Road are commercial and a number of these presently use their rear access which is off Castle Street. Our clients are keen to develop their relationships with the community as shown by employing local people, supporting charities and local events. The present café is well run and well supported by the community of Mumbles and the proposal welcomed by the majority of people in the area.
The applications have been sympathetically laid out, not overbearing and the extensions kept to a minimum to complement the existing building.
APPRAISAL
This application is reported to Committee for decision at the request of Councillor Tony Colbourn.
Full planning permission is sought for a single storey rear extension with timber decked area and canopy to first floor, rear access doors, extension to existing rear decked area and rear canopy, new external rear staircase and associated works at Café Valance, 50, Newton Road, Mumbles. An additional application for the same site (2008/1727 refers) is also reported to this meeting for consideration.
The eastern end of Newton Road, where the application site is located, comprises of a variety of commercial premises at ground floor level with some residential accommodation at first floor and above. The proposed single storey rear extension would measure 9.1m x 1.1m with a maximum flat roof height of 2.8m. The proposed external staircase will replace an existing staircase and will provide access to the first floor kitchen area and proposed letting bedrooms which are above. The rear of the premises will provide 4 off street car parking spaces for the occupiers of these rooms. Materials proposed will match those of the existing building.
The main issues to be considered with regards to this application are the impact of the proposed development on the character and appearance of the area together with its impact upon residential amenity and conditions of highway safety having regard to the prevailing Development Plan Policies. It is not considered that the provisions of the Human Rights Act raise any other overriding considerations. The principal Development Plan Policies against which the application should be considered are the Swansea Unitary Development Plan Objectives 2h, 2i and 5a, Part 1 Strategic Policies SP4 and SP6 and Part 2 Policies EV1, EC15 and AS6.
It is not considered that the proposed alterations including extension and external staircase would have an unacceptable impact upon the visual amenities of the area given the character of the area and the character of other developments that have taken place along this part of Newton Road. The infilling of the recess between 50 and 52 to create extra space would relate well to the overall appearance of the property and would not, it is considered, appear as an incongruous feature within the street scene.
With regards to residential amenity issues, there would be an additional window opening at the rear of the property, but given the distance of 28m that would remain to the front elevation of the properties in Castle Street, it is not considered that this opening would result in unacceptable direct overlooking to the occupiers of these properties. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 5 (CONT’D) APPLICATION NO. 2008/1544
The rear of the properties in Newton Road are overlooked by the properties in Castle Street and are also viewed from the rear access lane resulting in little privacy at present. It is not therefore considered that an opening at ground floor level would give rise to overlooking or loss of privacy over and above that which is currently experienced. In addition, it is also not considered that the proposed external staircase would result in loss of privacy as one is currently in situ at the rear of the premises.
With regard to the issue of noise and disturbance from the rear of the premises being used by patrons of Café Valance, the Pollution Control Division has raised no objection. In addition, the licence of the premises for live music runs for Friday and Saturday only from 7.30pm until 11pm but recorded music can be played for the other days of the week from 9am until 10pm. It is not therefore considered that the licence hours are either so frequent or overly late so as to cause significant and unacceptable disturbance. However, notwithstanding this and to prevent the rear of the premises being used as an extension to the café and setting an unacceptable precedent which cumulatively would unacceptably detract from the residential amenities of the occupiers of surrounding properties in Newton Road and Castle Street, it is recommended that a condition be imposed that would prevent the rear external area from being used for the consumption of food or drink.
The Head of Transportation and Engineering has also raised no objection to the proposal including the use of the upper floors of the building for letting bedrooms providing the 4 car parking spaces indicated on the submitted plans are laid out and implemented before the beneficial use of the development is commenced.
Turning to the objection letters received, the issues raised have been addressed above.
In conclusion and having regard to all material considerations, on balance, the proposal is considered an acceptable form of development which complies with the requirements of Part 1 and Part 2 Policies S4 and S6, EV1, EC15 and AS6 of the Unitary Development Plan 2008. Approval is therefore recommended subject to conditions.
RECOMMENDATION
APPROVE, subject to the following conditions:
1 The development shall be commenced not later than the expiration of 5 years from the date of this planning permission and shall be completed in accordance with the said application plans and conditions prior to any part thereof being brought into beneficial use, unless otherwise agreed in writing by the Local Planning Authority. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990 and to ensure that the development is completed in accordance with the plans approved by the City and County of Swansea, and so avoid any detriment to amenity or public safety by works remaining uncompleted.
2 The premises shall not be used by customers before 08.00. nor after 23.00 on any day. Reason: To safeguard the amenities of the occupiers of neighbouring properties.
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 5 (CONT’D) APPLICATION NO. 2008/1544
3 Prior to the extension and letting bedrooms being brought into beneficial use, the parking spaces as shown on plan no:006 A dated 31st October 2008, shall be completed and available for use and shall be retained as such unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of highway safety
4 The rear decking, lower garden and parking area detailed on Drawing No. 006 Rev A received 31st October 2008 shall not be used by customers for the consumption of food or drink and any consumption of food or drink shall be confined to the interior of cafe area and the front outdoor area only. Reason: In the interests of the residential amenity of the occupiers of surrounding properties.
INFORMATIVES
1 The development plan covering the City & County of Swansea is the Unitary Development Plan 2008. The following policies were relevant to the consideration of this application - Policies S4, S6, EV1, EC15 and AS6.
2 Bats may be present in this (some of these) building (s). All British bat species are protected under Schedule 5 of the Wildlife & Countryside Act 1981 (as amended) and are listed in Schedule 2 of the Conservation (Natural Habitats & c.) Regulations 1994. This legislation implements the EC Habitats and Species Directive in the UK making it an offence to capture, kill or disturb a European Protected Species or to damage or destroy the breeding site or resting place of such an animal. If a bat is encountered during demolition, work should cease immediately and the Countryside Council for Wales informed (01792 763500).
3 Birds may be present in the roof of this building please note it is an offence under the Wildlife & Countryside Act 1981 (as amended) to intentionally (intentionally or recklessly for Schedule 1 birds) to: - Kill, injure or take any wild bird - Take, damage or destroy the nest of any wild bird while that nest in use or being built - Take or destroy an egg of any wild bird Care should be taken when working on buildings particularly during the bird nesting season March-August.
4 This consent is issued without prejudice to any other consents or easements that may be required in connection with the proposed development.
5 The proposed site is crossed by a public sewer. No development (including the raising or lowering of ground levels) will be permitted within the safety zone which is measured either side of the centre line. Please contact Dwr Cymru Welsh Water's Network Development Consultants on 01443 331155.
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 5 (CONT’D) APPLICATION NO. 2008/1544
PLANS
005 existing plans, 006 proposed plans, 007 existing and proposed elevation and proposed roof plan received 21st July, 2008. Additional plan 006 A proposed plan received 31st October, 2008
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 6 APPLICATION NO. 2008/1727 WARD: Area 2 Oystermouth
Location: Cafe Valance 50 Newton Road, Mumbles, Swansea, SA3 4BQ Proposal: Variation of conditions 02 (to allow the premises to be used as a Class A3 use without restrictions - restaurant/cafe/drinking establishment) 03 (to extend the opening hours to 08.00 to 23.00 - all customers to leave premises by 23.30) and removal of condition 04 (which excluded external use of the rear of the premises) of planning permission 2002/0242 granted on 3rd April 2002 Applicant: Cafe Valance Ltd
BACKGROUND INFORMATION
Unitary Development Plan 2008
Part 1
Policy SP4 Proposals to develop or improve the variety and quality of tourism facilities will be supported where they contribute to the growth of the local economy, and where they do not have a significant impact on natural heritage and the historic environment or the amenity of local communities
Policy SP6 The improvement for new retail, cultural and business development will be the City Centre. The improvement and enhancement of District and Local Shopping Centres will be supported.
Part 2
Policy EV1 New development shall accord with the objectives of good design.
Policy EC15 Proposals that consolidate the urban tourism resource by improving the quality and range of attractions, destinations, accommodation and services will be supported at the following locations: (v) Mumbles and specific destinations around Swansea Bay.
Policy AS6 Parking provision to serve development will be assessed against adopted maximum parking standards.
SITE HISTORY
App No. Proposal 80/1817/11 CHANGE OF USE OF GROUND FLOOR TO RETAIL SHOP FOR SALE OF KITCHENWARE Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 18/12/1980
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 6 (CONT’D) APPLICATION NO. 2008/1727
2002/1664 Retention of single storey rear extension, new shop front and provision of external railings around front forecourt Decision: Grant Permission Unconditional Decision Date: 14/02/2003
2002/0242 Change of use from retail shop (Class A1) to coffee shop (Class A3) Decision: Grant Permission Conditional Decision Date: 03/04/2002
80/1313/11 CONVERSION OF FLAT INTO A RETAIL SHOP Decision: *HRP - REFUSE PERMISSION Decision Date: 30/10/1980
RESPONSE TO CONSULTATIONS
The application was advertised on site and two individual properties were consulted. SIX LETTERS OF OBJECTION have been received, which are summarised as follows:
1. Castle Street is a fully residential street with no commercial premises or business in existence. 2. The properties are mainly owner occupied and the majority of resident’s elderly. 3. Should the rear extension be allowed it will look directly into the bedrooms of several houses in Castle Street, causing loss of privacy. 4. The top end of Newton Road was a residential area with a small number of shops but over recent years they have been converted at ground level. The only exception is Peppers Wine bar. 5. There will be little space left for storage of refuse. 6. We have concerns that the café already has a licence to sell alcohol and play live music, which has been a trial to the immediate neighbours, and should the balcony extension with its patio doors, many castle Street residents will have the same problem. 7. Castle Street is a narrow one way street with no residents parking and we frequently have problems parking. Should Café Valance customers use the rear to access the café, it will make the parking problem even worse. 8. Any increase in traffic would increase the danger to pedestrians as there is no pavement. 9. I am concerned that the double rear doors will impact upon me and my property and even if the doors are used for deliveries and no members of the public would be outside, if the doors are open or any noise or music would cause a disturbance and people would directly overlook my house. 10. The majority of the premises are no open beyond 5.30 – 6pm and do not sell alcohol it appears that Café Valance wishes to extend this to the rear of the premises overlooking Castle Street that is wholly residential street. 11. We feel there needs to be an amendment to the proposal and a resting of a door suitable for deliveries. 12. Castle street is a narrow quiet street of cottages housing people well past retirement age and the proposed extension would be quite unsuitable for this particular area. 13. The increase in noise and traffic if this application is allowed cannot fail to make the existing situation invariably worse. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 6 (CONT’D) APPLICATION NO. 2008/1727
Highway Observations - This application is to remove conditions imposed on the original consent for Café use in 2002. The original application being for Café use was considered on that basis to be predominantly incidental to the shopping district and therefore unlikely to generate any significant additional custom, merely providing a Café facility for existing shoppers. A condition was imposed restricting the use to Café only in order to avoid takeaway facilities being introduced that could generate the need for short term on-street parking by takeaway customers. Takeaway facilities tend to result in the need for this type of parking and where this cannot be satisfactorily accommodated consideration is given to either refusing the application or imposing suitable conditions removing the takeaway element.
I consider that in this instance, removal of the condition could result in indiscriminate on- street parking by customers that would be detrimental to the safe and free flow of traffic in that vicinity.
Refusal is recommended on the grounds that removal of the restrictive A3 condition would likely result in the need for short-term on-street customer parking that cannot be accommodated without resulting in disruption to the safe and free flow of traffic in the vicinity.
Note: Whilst removal of the restrictive condition is considered unacceptable, a variation that would continue to exclude takeaway use would be considered acceptable.
APPRAISAL
This application is reported to Committee for decision at the request of Councillor Tony Colbourn
Café Valance, 50, Newton Road, Mumbles is seeking to vary condition 02 (to allow the premises to be used as a Class A3 use without restrictions - restaurant/cafe/drinking establishment), condition 03 (to extend the opening hours to 08.00 to 23.00 - all customers to leave premises by 23.30) and remove condition 04 (which excluded external use of the rear of the premises) of planning permission 2002/0242, which was granted on 3rd April 2002
Café Valance was granted conditional planning permission in 2002 (2002/0242 refers) for the change of use from a retail shop to a coffee shop. Conditions placed on the approval related to the use of the premises as a coffee shop only and the use as a licensed restaurant was specifically excluded, opening hours were limited and the extent of the use of the ground floor area was also limited. The applicants have been trading outside of these conditions in that it is used as a restaurant as well as a coffee shop and the hours of opening have been exceeded. This application therefore is to regularise the current situation at the premises as well as allowing the rear section (internal) of the premises to be used.
The main issues for consideration therefore is whether the continued use of the premises as a licensed restaurant with extended opening hours to 2300 hours from 2200 hours and the use of the rear of the premises would unduly impact upon the character of this part of Newton Road and unduly impact upon the residential amenities of neighbouring occupiers and highway safety conditions. It is not considered that the provisions of the Human Rights Act raise any other overriding considerations. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 6 (CONT’D) APPLICATION NO. 2008/1727
The principal Development Plan Objectives and Policies against which the application needs to be considered are the Swansea Unitary Development Plan (UDP) Objectives 2.h, 2.i and 5a, Part 1 Strategic Policies SP4 and SP6 and Part 2 Policies EV1, EC15 and AS6.
The premises has been trading outside of the conditions of their planning permission for several years but no complaints have been made to the Local Planning Authority. The alcohol and drinks licence granted to the premises is set within the hours that are now applied for and it is considered that if any unacceptable noise or disturbance from the premises is experienced, notwithstanding the terms of the planning permission for the premises to be open the licencing section can limit the sell of alcohol and/or the hours that music is played. It should be noted that with regards to the issue of noise and disturbance from the premises, the Pollution Control Division has raised no objection. For clarity, the conditions of the licence of the premises for live music runs for Friday and Saturday only from 7.30pm until 11pm but recorded music can be played for the other days of the week from 9am until 10pm. It is considered therefore, that the licence hours are neither so frequent nor overly late to cause significant and unacceptable disturbance.
This part of Newton Road is a mixture of commercial and residential use with the residential element being found above ground floor level. It is not considered therefore that a closing time of 11pm is unreasonable for a business venture of this nature in this area, and as a takeaway element is specifically excluded from this permission, the noise and disturbance of vehicular activity from patrons would be reduced.
The removal of condition 04 relates to the rear of the premises (and the external area) being used as part of the café/bar. The current layout of the premises is such that only the front section of the ground floor could be used for the café/bar as the rear of the premises is used as storage/kitchen area and access for the public through this part of the premises to the rear of the building would not be practical. In additional the premises already have an attractive open area to the front of the premises that is well used. The planning application for extensions/alterations to the property currently under consideration (2008/1544 refers) indicated additional seating in this area as the kitchen and storage area would be moved to the first floor and any use of the rear of the property will be considered as part of this application. However, at present, and taking into account the current situation on site, it is considered that condition 04 should not be removed but varied to exclude the use of the external area to the rear of the property for the consumption of food or drink, which would tie in with a similar condition on the aforementioned application.
Turning to highway safety issues, The Head of Transportation and Engineering has raised an objection to the full A3 use of the premises, including takeaway due to the potential indiscriminate parking that a use of this nature would attract. However, no objection is raised if the takeaway element is removed from the scheme. This has been agreed with the applicant and is included as part of condition 01 of this planning permission.
With regards to the objection letters received, the issues raised have been addressed in the main body of this report. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 6 (CONT’D) APPLICATION NO. 2008/1727
In conclusion therefore and having regards to all material considerations, on balance, the proposal is considered a satisfactory form of development providing that condition 02 of planning permission 2002/0242 be varied to include reference to a licensed restaurant but specifically exclude a takeaway use, condition 03 being varied to allow an extended opening time to 2300 hours with all customers to leave the premises by 2330 hours and condition 04 being varied to exclude the use of the decking and external areas to the rear of the site for the consumption of food or drink. Approval is therefore recommended.
RECOMMENDATION
APPROVE, subject to the following conditions:
1 The premises shall be used as a cafe/licensed restaurant only, (but specifically excludes a takeaway facility) and for no other purpose (including any other purpose in Class A3 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). Reason: The development hereby approved is such that the Council wish to retain control over any future development being permitted in order to ensure that a satisfactory form of development is achieved at all times.
2 The premises shall not be open before 08.00 nor after 23.00 on any day, all customers to leave the premises by 2330 hours. Reason: To safeguard the amenities of the occupiers of neighbouring properties and in the interests of highway safety and the freeflow of traffic.
3 The rear decking, lower garden and parking area details on Drawing No. 006 received 21st July 2008 shall not be used by customers for the consumption of food or drink and any consumption of food or drink shall be confined to the interior café area and front outdoor area only. Reason: In the interests of the residential amenities of the occupiers of surrounding properties.
INFORMATIVES
1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application - Policies SP4, SP6, EV1, EC15 and AS6
2 This consent is issued without prejudice to any other consents or easements that may be required in connection with the proposed development.
PLANS
Site location plan :Received 20th August 2008
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 10 APPLICATION NO. 2008/2043 WARD: Area 2 Bishopston
Location: Bay House, Caswell Road, Caswell, Swansea, SA3 3BS Proposal: Single storey side extension (amendment to planning permission 2008/1520 granted on 11th September 2008) and associated engineering operations Applicant: Mr C R Kiley
BACKGROUND INFORMATION
POLICIES
Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan (2008)).
Policy EV2 The siting of new development shall give preference to the use of previously developed land and have regard to the physical character and topography of the site and its surroundings. (City & County of Swansea Unitary Development Plan (2008)).
Policy HC7 Proposals for extensions and alterations to existing residential dwellings will be assess in terms of; relationship to the existing dwelling, impact on the character and appearance of the streetscene, effect on neighbouring properties, and impact on car parking. (City & County of Swansea Unitary Development Plan 2008)
Policy EV22 The countryside throughout the County will be conserved and enhanced for the sake of its natural heritage, natural resources, historic and cultural environment and agricultural and recreational value through: i) The control of development, and ii) Practical management and improvement measures. (City & County of Swansea Unitary Development Plan 2008)
Policy EV26 Within the Gower AONB, the primary objective is the conservation and enhancement of the area's natural beauty. Development that would have a material adverse effect on the natural beauty, wildlife and cultural heritage of the AONB will not be permitted. (City & County of Swansea Unitary Development Plan 2008)
SITE HISTORY
App No. Proposal 2008/1520 Single storey side extension (amendment to planning permission 2008/0891 granted 17th June 2008) Decision: Grant Permission Conditional Decision Date: 11/09/2008
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 10 (CONT’D) APPLICATION NO. 2008/2043
2006/1764 To fell 1 monterey cypress tree covered by TPO No 120 Decision: Grant Tree Pres Order Consent (C) Decision Date: 29/09/2006
2006/2160 Single storey side extension Decision: Grant Permission Conditional Decision Date: 30/10/2006
2007/2718 Detached garage and associated engineeirng works Decision: Refuse Decision Date: 21/07/2008
2008/0886 Single storey side extension Decision: Withdrawn Decision Date: 30/04/2008
2008/0891 Single storey side extension (amendment to Planning Permission 2006/2160 granted 30th October 2006) Decision: Grant Permission Conditional Decision Date: 17/06/2008
RESPONSE TO CONSULTATIONS
A notice was displayed onsite no correspondence has been received.
Bishopston Community Council - No Objection
Bridges and Structures - Issues relating to the possibility of unlawful engineering operations are under investigation by the relevant sections of the Planning Authority and serious concern has been expressed with regard to the degree of works undertaken with regard to this proposal. Requests for additional information relating to the structural integrity of the works undertaken to date have received no response.
APPRAISAL
This application is reported to Committee for decision at the request of Cllr. Keith Marsh
The proposal seeks full planning permission to construct a conservatory on the western elevation of Bay House, Caswell Bay, Swansea. In order to incorporate the length of the proposed conservatory the applicant has carried out extensive engineering works involving the removal of part of the embankment to the north.
Bay House is a large detached dwelling on the seaward side of Caswell Bay Road, with extensive gardens sloping down to the beach. The site is within the Gower Area of Outstanding Natural Beauty, the escarpment on which the application site is located is designated as a Site of Special Scientific Interest and forms part of the nationally important Heritage Coast. This application is submitted by way of amendment to the applications approved under Ref Nos: 2008/0891 and 2008/1520. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 10 (CONT’D) APPLICATION NO. 2008/2043
By way of clarification subsequent to the grant of planning permission under Ref: 2008/0891 the applicant sought amendments to introduce a form of development that was considered unsympathetic to both the character of the host dwelling and detrimental to the wider context of the AONB. Extensive pre-application discussions took place prior to receiving the revised submission. The subsequent planning permission granted under Ref: 2008/1520 incorporated a modified and extended extension which projected approximately 8.7 metres from the west elevation of the dwelling and had a depth of approximately 6.0 metres stepping down to some 5.5 metres. The extension would be finished with a slated pitched roof incorporating folding patio doors to the front elevation serving the garden.
The current scheme involves this extant permission further modified such that the sideward projection would be extended by approximately 1.4 metres giving a total length from the principal dwelling of 10.1 metres. The host dwelling has a width of 11.3 metres across its front elevation. Government Guidance in the form of TAN 12 is clear that good design is important in all locations and whilst the proposed extension is not widely visible, this is not sufficient reason to allow an overly wide structure. It has been made clear throughout extensive dialogue with the applicant and his agent that the previous approved scheme incorporated a side extension to the maximum length permissible and that any further sideward projection would be likely to be resisted on the basis of its negative impact upon the host dwelling and the wider context of the AONB at this key vista forming the backdrop of Caswell Bay.
In this respect it is considered that the current scheme by virtue of its length and design would give rise to a form of development that would be out of keeping with the character and appearance of the existing dwelling and this part of the Gower AONB contrary to the provisions of Policies EV1(iv, v), EV2(i, ii), HC7 or EV26.
Turning to residential amenity given the siting and design and relationship to neighbouring dwellings it is not considered that the development would give rise to any overlooking, overbearing or overshadowing impacts which would be detrimental to the residential amenities of neighbouring occupiers.
Finally, with regard to the engineering works undertaken, further information has been requested relating to the extent of excavation and retaining works required. No information `has however been received to allow consideration of either the visual impact of this element of the scheme or the impact upon the integrity of the adjacent highway.
In conclusion, and having regard to all material considerations including the Human Rights Act, it is considered that the length and design of the proposal would be out of keeping with the character of the existing dwelling contrary to the provisions of Policies EV1, EV2, EV22, EV26 and HC7 of the City and County of Swansea Unitary Development Plan and the Design Guide for Householder Development.
RECOMMENDATION:
REFUSE, for the following reasons: AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 10 (CONT’D) APPLICATION NO. 2008/2043
1 The applicant has failed to supply the additional information requested in writing by the Local Planning Authority necessary to enable proper consideration of the impact of the engineering works and any associated retaining structures upon the visual amenities of the area and the character and appearance of the Gower AONB. As such the proposal fails to comply with the requirements of Policies EV1, EV2, EV22 and EV26 of the Swansea Unitary Development Plan.
2 The proposed side extension by virtue of its length and design fails to respect the design and proportions of the host dwelling to the detriment of the character and appearance of the property and this part of the Gower Area of Outstanding Natural Beauty contrary to the provisions of policies EV1, EV2, EV22, EV26 and HC7 of the City and County of Swansea Unitary Development Plan 2008
INFORMATIVES
1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: Policies EV1, EV2, EV22, EV26 and HC7.
PLANS
200 site location and existing plans, 201 block and proposed plans received 10th October 2008
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 21 APPLICATION NO. 2008/1976 WARD: Area 2 Oystermouth
Location: Land adjacent to 80 Newton Road, Mumbles, Swansea, SA3 4SL Proposal: Detached dwelling Applicant: Mr & Mrs S Quinn
BACKGROUND INFORMATION a. Relevant Planning Policies
Planning Policy Wales (March 2002)
City and County of Swansea Unitary Development Plan
Part 1
Vision
A sustainable approach to the development of a prosperous region focused on a cosmopolitan and multi-cultural City and County, which capitalises on its waterfront location. The strategy will be based on the conservation of the best we have, whilst making effective provision for the promotion of employment, good housing, shopping, leisure, tourism, community and education facilities in a safe, accessible, innovatively designed, healthy, ecologically rich and visually attractive environment.
Goals
Goal 1 Sustain a healthy, visually attractive and ecologically and historically rich environment.
Objectives
1.a To upgrade the visual environment and image of the area. 1.b To promote locally distinct, innovative design sensitive to the location and setting. 1.k To ensure the public realm and new development is accessible for all. 1.m To promote resource efficient buildings and layouts in all new development.
Strategic Policies
Policy SP1 Sustainable development will be pursued as an integral principle of the planning and development process. Development proposals designed to a high quality and standard, which enhance townscape, landscape, sense of place, and strengthen Swansea’s Waterfront identity, will be favoured.
Policy SP3 The natural, built and cultural heritage of the County will be protected and enhanced to safeguard from materially harmful development. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 21 (CONT’D) APPLICATION NO. 2008/1976
Part 2
City and County of Swansea Unitary Development Plan:
Policy EV1 New development shall accord with the following objectives of good design: (i) Be appropriate to its local context in terms of scale, height, massing, elevational treatment, materials and detailing, layout, form, mix and density, (ii) Integrate effectively with adjacent spaces and the public realm to create good quality townscape, (iii) Not result in a significant detrimental impact on local amenity in terms of visual impact, loss of light or privacy, disturbance and traffic movements, (iv) Incorporate a good standard of landscape design, (v) Sensitively relate to existing development patterns and seek to protect natural heritage and the historic and cultural environment, not only on-site, but in terms of potential impact on neighbouring areas of importance, and, where appropriate: (vi) Foster ‘inclusive design’ by ensuring the development allows access for the widest range of people possible, (vii) Support an integrated transport system, (viii) Contribute to the creation of new, and the improvement of existing, spaces and an enhancement of the general street scene, (ix) Promote resource efficient and adaptable buildings and layouts using sustainable design and construction techniques, including the reuse and recycling of construction and demolition waste on site, and energy and water efficiency measures, (x) Provide a safe environment by addressing issues of security, crime prevention, and the fear of crime in the design of buildings and the space and routes around them, (xi) Have regard to the desirability of preserving the setting of any listed building. Design statements will be required in support of planning applications which have design implications including applications for new or extended buildings and infrastructure and changes to landscape appearance and/or those involving sensitive sites and locations.
Policy EV2 The siting of new development should give preference to the use of previously developed land over greenfield sites and must have regard to the physical character and topography of the site and its surroundings by: (i) Avoiding locations that would have a significant adverse impact on prominent buildings, landscapes, open spaces and the general locality, including loss of visual amenity, (ii) Effectively integrating with the landscape, seascape or coastline by utilising topography to integrate into the contours of the site and avoiding conspicuous locations on prominent skylines and ridges, (iii) Retaining important views into and out of the site, (iv) Taking into account and where possible retaining site features including existing buildings, topography, landscape, archaeological and water features, trees and hedgerows, and, where appropriate: AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 21 (CONT’D) APPLICATION NO. 2008/1976
(v) Undertaking, at the earliest opportunity, an assessment of species and habitats on site and, where planning permission is granted, implementing any necessary mitigation measures, (vi) Avoiding detrimental effects on the historic environment, (vii) Locating near transport nodes to encourage an integrated transport system, (viii) Not prejudicing the viability and function of any agricultural land adjoining the site, (ix) Determining whether the proposal would be at risk from flooding, increase flood risk off-site, or create additional water run-off, (x) Having due regard to the implications of the development for infrastructure and services, (xi) Integrating with existing community facilities, (xii) Utilising landscape and topography to maximise energy efficiency, (xiii) Having full regard to existing adjacent developments and the possible impact of environmental pollution from those developments, as well as the creation of any environmental pollution to the detriment of neighbouring occupiers (including light, air and noise), (xiv) Identifying the location of any hazardous installations in the area and development that would be at risk from, or prejudice the operational use of, hazardous installations, and (xv) Identifying and fully addressing issues of contamination and land instability.
Policy EV3 Proposals for new development and alterations to and changes of use of existing buildings will be required to: (i) Provide access and facilities for all, (ii) Provide satisfactory parking in accordance with Council adopted design standards, (iii) Contribute to a high quality public realm by improving pedestrian linkages with adjoining spaces and attractions, (iv) Be accessible to pedestrians, cyclists and users of public transport. The only exceptions to the above criteria will be where it can be demonstrated that, in undertaking measures to adhere to a particular accessibility requirement, significant harm would be caused to the character of a building of architectural or historic significance.
Policy EV24 Within the greenspace system, consisting of wildlife reservoirs, green corridors, pocket sites and riparian corridors, the natural heritage and historic environment will be conserved and enhanced. Development proposals which would be likely to have a significant adverse effect on the greenspace system or which do not provide for appropriate compensatory or mitigation measures will not be permitted.
Policy HC2 Proposals for housing development within the urban area will be supported where the site has been previously developed or is not covered by conflicting plan policies or proposals and provided the proposed development does not result in: (i) Ribbon development or contribute to the coalescence of settlements, AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 21 (CONT’D) APPLICATION NO. 2008/1976
(ii) Cramped/Overintensive development, (iii) Significant loss of residential amenity, (iv) Significant adverse effect on the character and appearance of the area, (v) The loss of important urban greenspace, (vi) Significant harm to highway safety, or (vii) Significant adverse effects in relation to: (a) Landscape, (b) Natural heritage, (c) Security and personal safety, (d) Infrastructure capacity, (e) The overloading of available community facilities and services. b. Relevant Planning History
85/1158 Erection of a dwelling. Refused August 1985.
88/1004 2 detached houses. Refused September 1988.
88/2021 1 detached house. Refused March 1989.
91/0497 Erection of one dwelling. Refused October 1991.
96/0011 Erection of one detached dwelling. Withdrawn April 1997. c. Response to Consultations
The application was advertised on site and one neighbouring property was consulted. 1 LETTER OF OBSERVATION has been received, the main points of which can be summarised as follows:
1. There is a wildlife corridor running along the rear of properties from Limekiln Road to Coltshill Drive. Our son is a trained ecologist and has surveyed many species of birds at the woodland, as well as mammals such as foxes, badgers and bats, adders, slow worms etc. It is important that the wildlife has protection. 2. Concerned about surface water run off which is a problem at the moment. How will this be monitored?
Mumbles Community Council – Object on the following grounds:
1. Out of keeping with existing houses. The drive is a shared right of way. 2. Impact on woodlands and impact on wildlife. 3. Concern over flooding of Newton Road and the extra traffic near the lights.
Dŵr Cymru Welsh Water – No objection subject to standard conditions and advisory notes.
Highway Observations – This proposal is for the erection of a dwelling on land adjacent to 80 Newton Road, Mumbles. The site benefits from an existing access which in the past has served a quarry and more recently garages. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 21 (CONT’D) APPLICATION NO. 2008/1976
Visibility at the access is acceptable to the right for emerging vehicles but is restricted to the left towards the new signalised junction with Langland Road due to the narrow footway and high boundary wall of the adjacent property. Whilst being restricted, the visibility is not so restricted so as to render the proposal unacceptable on highway safety grounds. The application site is large enough to accommodate sufficient parking and turning within the site and unlikely to generate a significant number of vehicle movements being for only one dwelling. I recommend that no highway objections are raised subject to all parking and turning facilities being completed and available for use prior to occupation of the development.
APPRAISAL:
This application has been reported to Committee for decision at the request of Councillor Anthony Colburn.
Full planning permission is sought for the construction of a detached contemporary designed dwelling on land adjacent to 80 Newton Road, Mumbles.
The site comprises an irregular shaped parcel of land within the urban area that is accessed via an existing drive between the properties of No.78 and 80 Newton Road. There is a hardstanding on the site, which was once occupied by a double garage block (now demolished) behind which is a 6m high rock face.
To the north of the application site is a heavily wooded area which is subject to a Woodland Tree Preservation Order within which there is ecological interest. This area forms part of the Council’s wider “greenspace system”, which has been designated in previous local plans as well as the current Unitary Development Plan. A small part of the application site overlaps this designation.
Under the provisions of Section 54A of the Town and Country Planning Act 1990 (as amended) planning decisions must be made in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan is The City and County of Swansea Unitary Development Plan which was adopted on 10th November 2008.
The main issue for consideration with regard this application is the impact of the development on the character and appearance of the area having regard to its siting adjoining protected woodland and its land use status within the Unitary Development Plan. Other material considerations which will also be discussed in more detail in this report include the impact upon residential amenity, highway safety and ecology. Third party concerns have also been expressed about drainage which is covered below. The provisions of the Human Rights Act are not considered to raise any additional material considerations.
Whilst there has been considerable planning history of refusals on the site, most recently in 1996, all of these applications were outline applications and paid little or no attention to the particular development constraints of the site. The current application is for full planning permission and the proposals have been the subject of very detailed consideration of the site’s character. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 21 (CONT’D) APPLICATION NO. 2008/1976
Character and Appearance
Part of the application site overlaps land designated in the Unitary Development Plan under Policy EV24 as being part of the Council’s “greenspace system”. Within such areas development proposals which would have an unacceptable impact on the landscape and identified qualities of the area or which do not allow for appropriate compensatory or mitigation measures will not be acceptable. In the amplification to this policy the UDP states that “it is not the intention of the policy to prevent appropriate socioeconomic development. Where acceptable development would have an impact on an area of greenspace, the Council will seek to enter into negotiations for an appropriate planning obligation to secure the permanent provision and future management of the remaining greenspace area. Where relevant, appropriate compensatory provision and mitigation measures will be required to ensure there is no overall reduction in the quality of greenspace.”
The development proposals for the site have been subject to detailed pre-application discussions given this particular constraint. From visiting the site is clear that the boundary of the greenspace system designated within the UDP does not follow any defining physical features on the ground on this particular site. Whilst this situation may have evolved over time (rightly or wrongly) the architects, in their proposals, have sought to redefine this boundary by making it more defensible, having regard to the woodland and ecological interest on the site. As such the proposed dwelling’s northern elevation forms the boundary of the application site. Whilst the success of the scheme is dependent on the design response (see below) to the site constraints, mitigation has been offered as part of the planning application in the form of a woodland management plan for the area subject to the TPO (also under the control of the applicant), which is intended to be delivered via a S106 Agreement. The management plan seeks to incorporate recommendations made within both the tree report and ecology report which, support the application, and essentially looks at a long term management and maintenance regime for the protected woodland in accordance with Policy EV24 of the UDP.
Policy HC2 supports new housing development within the urban area and requires development to respect the character and appearance of the area and ensure that it does not result in cramped/over intensive development. Policy EV1 requires development to be appropriate to its local context whereby Policy EV2 seeks to ensure that development avoids locations that would have a significant adverse impact on prominent landscapes and ensure that proposals effectively integrate with the landscape by utilising topography and avoiding conspicuous locations on prominent skylines and ridges.
As mentioned above the scheme has been the subject of extensive pre-application discussions, in particular the manner in which the design of the dwelling responds to the site constraints. The contextual contemporary approach is strongly welcomed. It adds character and quality to the area and fits well onto the site. The horizontal emphasis of the dwelling takes inspiration from the cliff behind, the central entrance feature creates a focal point and anchors the building to the site, the solid base of local stone reflects the solidity of the cliff, whilst the extensively glazed first floor with timber structure and gull wing roof respond to the trees above the site and make the most of the panoramic views. The extensive glazing and rain canopies all maximise the relationship between inside and outside. The large overhangs and layering devices such as solar screens and front balconies are all key elements of the high quality elevations. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 21 (CONT’D) APPLICATION NO. 2008/1976
The high quality contemporary approach sits comfortably in the context of the existing dwellings and is completely in accord with national and UDP guidance which supports high quality contemporary design. Additionally, the nature of the contemporary design response is the main element of making the scheme work in what is a difficult and constrained site. A traditional house with pitched roof and masonry elevations would be overly dominant and unacceptable in this location, hence the previous refusals.
The high quality nature of the scheme has also been acknowledged by the Design Commission for Wales:
“The Panel supported the contemporary design approach and commended the quality of detail and responsiveness to context”
The scheme has also being exhibited at the Royal Society of Architects in Wales’ ‘reflecting Wales’ exhibition at the Senedd in Cardiff which showcased the best new architecture in Wales.
Notwithstanding the design merits of the scheme the site would not be clearly visible from Newton Road, apart from in Winter when there would be glimpses through trees, therefore the contemporary nature of the scheme would not detract from the character and appearance of the street scene, which itself is of a varied character.
Residential Amenity
Policy EV1 requires proposals to not result in a detrimental impact on local amenity in terms of visual impact, loss of light or privacy whereby Policy HC2 supports development that does not result in a significant loss of residential amenity.
The visualisations contained in the appendix to the Design Statement clearly demonstrate the high quality of the scheme. They also show from the gardens of the adjoining properties that the proposed house will not have an overbearing impact and that there will be no overshadowing to neighbouring occupiers. The scheme includes inbuilt screens to design out overlooking of adjacent properties. These screens are fixed and are an integral part of the architecture and therefore are permanent. Given the above, the topography of the site relative to adjoining properties and the presence of a substantial boundary wall adjacent to No.78 it is not considered that the development would have a harmful impact on the amenities of adjoining occupiers through overbearing, overshadowing or overlooking impacts.
In terms of the residential amenity impacts of the access road as this is existing and established to serve a double garage at the rear it is not considered that the comings of goings of vehicles associated with the dwelling would give rise to harmful noise and general disturbance.
Whilst the tightly drawn red line boundary would preclude any residential amenity space to the rear of the proposed dwelling it is considered that the detailed design of the dwelling ensures a sufficient level of amenity space for the occupiers of the dwelling, both inside and out, so as not to detract from their amenities. In particular the design of the dwelling incorporates a lap pool, gym and spa at lower ground level, external ’rain courts’ to the rear and side of the dwelling at ground floor, and external ‘rain balcony’ to the side and private terrace to the rear of the dwelling at first floor. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 21 (CONT’D) APPLICATION NO. 2008/1976
Furthermore, a lawn area is proposed to the front of the dwelling, which would be private given the topography of surrounding land, as well as landscaped and an uncovered courtyard area to the side. It must also be considered that the protected woodland, whilst not included within the residential curtilage of the application site, is under the control of the applicant and is therefore ‘an amenity’ for the occupants of the dwelling.
Highway Safety
Policies EV1 and HC2 seek to ensure that developments do not give rise to significant harm to highway safety.
The Head of Transportation and Engineering has considered the scheme and whilst being restricted, the visibility is not so restricted so as to render the proposal unacceptable on highway safety grounds. The application site is large enough to accommodate sufficient parking and turning within the site and unlikely to generate a significant number of vehicle movements being for only one dwelling. Subject to all parking and turning facilities being completed and available for use prior to occupation of the development there are no highway safety objections to the development.
Ecology
Policy EV2 states that, where necessary, developers should undertake an assessment of ecological species and habitats on site in order to identify any mitigation measures necessary.
The application is supported by an ‘Ecological Appraisal. The findings of the report suggest that ecological matters should not present an overriding constraint to the development of the site, subject to appropriate mitigation which could be secured by appropriate conditions and the S106 Agreement relating to the woodland management.
Other Issues
Surface water drainage concerns have also been expressed by third parties. The applicant has indicated that this will be dealt with by soakaways and given that this is a construction matter to be dealt with under the Building Regulations is not an overriding material consideration in this instance.
Conclusion
In view of the above it is considered that the proposal represents an acceptable form of development that does not have an adverse impact on the character and appearance of the area, the amenities of adjoining residential occupiers or highway safety. It therefore accords with Policies SP1, SP3, EV1, EV2, EV3, EV24 and HC2 of the City and County of Swansea Unitary Development Plan. Subject to appropriate mitigation which can be delivered via a Section 106 Obligation approval of planning permission is recommended.
RECOMMENDATION:
APPROVE, subject to conditions and the developer entering into a Section 106 Obligation in respect of: AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 21 (CONT’D) APPLICATION NO. 2008/1976 i) The provision of a Woodland Management Plan for an area of land outwith the residential curtilage of the proposed development as a means of encouraging the development of a more structured woodland edge and enhancing the biodiversity value of the area.
1 The development shall be commenced not later than the expiration of 5 years from the date of this planning permission and shall be completed in accordance with the said application plans and conditions prior to any part thereof being brought into beneficial use, unless otherwise agreed in writing by the Local Planning Authority. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990 and to ensure that the development is completed in accordance with the plans approved by the City and County of Swansea, and so avoid any detriment to amenity or public safety by works remaining uncompleted.
2 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or amending that Order), Part 1 of Schedule 2 shall not apply. Reason: The development hereby approved is such that the Council wish to retain control over any future development being permitted in order to ensure that a satisfactory form of development is achieved at all times.
3 No development shall take place without the prior written approval of the Local Planning Authority of a scheme for the landscaping of the site. The landscaping scheme shall be carried out within 12 months from the completion of the development. Any trees or shrubs planted in accordance with this condition which are removed, die, become seriously diseased within two years of planting shall be replaced by trees or shrubs of similar size and species to those originally required to be planted. Reason: To ensure that the site is satisfactorily landscaped having regard to its location and the nature of the proposed development, and to accord with Section 197 of the Town and Country Planning Act 1990.
4 No development or other operations shall take place except in accordance with the guide on "The Protection of Trees on Development Sites" attached to this planning permission. No trees, shrubs, or hedges shall be felled or cut back in any way, except where expressly authorised by the landscaping scheme as approved by the Local Planning Authority until two years after the completion of the development. Any trees, shrubs or hedges removed without such authorisation, or dying, or being seriously damaged or diseased before the end of that period shall be replaced by plants of a size and species as may be agreed with the Local Planning Authority. Reason: To secure the protection of trees growing on the site whilst the development is being carried out.
5 The materials used for the external surfaces of the development shall be in accordance with details submitted to and approved in writing by the Local Planning Authority before the development is commenced. Reason: In the interests of visual amenity.
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 21 (CONT’D) APPLICATION NO. 2008/1976
6 No part of the development hereby approved shall be occupied until the access and parking spaces shown on the approved plans have been constructed. Once provided the parking spaces shall thereafter be retained in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of highway safety.
7 The development hereby permitted shall be carried out in accordance with the recommendations laid out in the Ecological Assessment dated March 2008 and the Arboricultural Assessment dated April 2008, which support the application submission. Reason: In the interest of the visual amenity and ecology of the area.
8 The residential curtilage of the dwelling hereby permitted shall be restricted to the area outlined in red on the site location plan ref: QHM_PP01A received on 2nd October 2008. Reason: In the interest of protecting the character and appearance of the land outwith the application site.
9 The privacy screens as indicated on the approved plans shall be provided prior to the beneficial occupation of the dwelling commencing. Once provided the privacy screens shall thereafter be retained in accordance with the approved plans unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interest of privacy protection.
10 Before the development hereby approved is occupied the means of enclosing the boundaries of the site shall be completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of visual amenity and general amenity.
INFORMATIVES
1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: Policy SP1, SP3, EV1, EV2, EV3, EV24, HC2.
2 It is an offence under the Wildlife & Countryside Act 1981 (as amended) to intentionally (intentionally or recklessly for Schedule 1 birds) to: - Kill, injure or take any wild bird - Take, damage or destroy the nest of any wild bird while that nest in use or being built - Take or destroy an egg of any wild bird You are advised that any clearance of trees, shrubs, scrub (including gorse and bramble) or empty buildings should not be undertaken during the bird nesting season, 1st March - 31st August and that such action may result in an offence being committed.
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 21 (CONT’D) APPLICATION NO. 2008/1976
3 Bats may be present on this site. All British bat species are protected under Schedule 5 of the Wildlife & Countryside Act 1981 (as amended) and are listed in Schedule 2 of the Conservation (Natural Habitats & c.) Regulations 1994. This legislation implements the EC Habitats and Species Directive in the UK making it an offence to capture, kill or disturb a European Protected Species or to damage or destroy the breeding site or resting place of such an animal. If a bat is encountered during demolition, work should cease immediately and the Countryside Council for Wales informed (01792 763500).
4 To protect the integrity of the Public Sewerage System, foul water and surface water discharges shall be drained separately from the site.
5 To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment, no surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system unless otherwise approved in writing by the Local Planning Authority.
6 To prevent hydraulic overload of the public sewerage system and pollution of the environment, land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system.
7 The developer is advised to contact Dwr Cymru (Welsh Water) Telephone 01443 331155 if a connection is required to the public sewerage system.
8 This consent is issued without prejudice to any other consents or easements that may be required in connection with the proposed development.
PLANS
QHM_PP01A- site location plan, QHM_PP01B-block plan, QHM_PP02- lower ground floor plan, QHM_PP03-ground floor plan, QHM_PP04-first floor plan, QHM_PP05- front & rear elevations, QHM_PP06-section(showing bedrooms + solar shading/privacy screen), QHM_PP07- section (east elevation), QHM_PP08-sections received 2nd October 2008. Supporting documents comprising: Access Statement, Planning Statement, Arboricultural Assessment, Ecological Assessment, Design and Access Statement, 3D Visuals received 2nd October 2008.
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008 ITEM 11 APPLICATION NO. 2008/2050 WARD: Area 2 Bishopston
Location: Bay House, Caswell Road, Caswell, Swansea, SA3 3BS Proposal: Detached garage and associated works Applicant: Mr C R Kiley
BACKGROUND INFORMATION
Unitary Development Plan 2008
Part 1
POLICIES
Policy SP3 The natural and built heritage of the county will be protected and enhanced to safeguard from materially harmful development
Part 2
Policy EV1 New development shall accord with the objectives of good design
Policy EV26 Within the Gower AONB, the primary objective is the conservation and enhancement of the area’s natural beauty.
Policy AS6 Parking provision to serve development will be assessed against adopted maximum parking standards.
SITE HISTORY
App No. Proposal 2007/2718 Detached garage and associated engineering works Decision: Refuse Decision Date: 21/07/2008
2006/2160 Single storey side extension Decision: Grant Permission Conditional Decision Date: 30/10/2006
2008/0886 Single storey side extension Decision: Withdrawn Decision Date: 30/04/2008
2008/0891 Single storey side extension (amendment to Planning Permission 2006/2160 granted 30th October 2006) Decision: Grant Permission Conditional Decision Date: 17/06/2008
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 11 (CONT’D) APPLICATION NO. 2008/2050
2008/1520 Single storey side extension (amendment to planning permission 2008/0891 granted 17th June 2008) Decision: Grant Permission Conditional Decision Date: 11/09/2008
RESPONSE TO CONSULTATIONS
The application was advertised on site by site notice. THREE LETTERS OF OBJECTION have been received, which are summarised as follows:
1. Are the proposals an alternative to the earlier proposed garage and another attempt to build a property to sub-let? 2. The whole are to the west of Bay House is in my view being overdeveloped. 3. Could the major excavation work ongoing in the lower part of the garden a helipad? 4. There is a noise issue. 5. Considerable amounts of money had to be spent on reinforcing the sea wall at Caswell and I fear the works at Bay House is seriously weakening the whole area. 6. The safety of drivers using the new access and also the safety of the occupiers of Redcliffe. 7. Trees have disappeared from the site, boulders from the site have fallen onto the beach and the newly constructed driveway appears weak and unstable. 8. I am also concerned that contractor’s vehicles find it difficult to negotiate the tight driveway and have to turn around in the private car park of Redcliffe Apartments. 9. The new garage is larger than the previous and there is limited turnaround for a vehicle exiting from the garage. 10. I doubt that all vehicles could access the drive with one sweep and would require vehicles to go down to our car park to turn around. Bay House has right of way to Redcliffe drive only as far as their land borders the driveway and not the rest of the drive. 11. Full sections should be shown including work for ensuring constructional stability for the retaining wall to Redcliffe Drive. 12. The applicant does not own all the land required for the works which extend outside the red line. 13. The overall proposal involves substantial removal of green items especially in area where the gabion wall is proposed.
The Gower Society – Object as follows:
1. This development is three times larger in footprint than the original potting shed. 2. We note that there is a significant increase in height proposed – this is unacceptable in this location. 3. We find the design unacceptable (it is unsympathetic and rather 70’s) for its location, which is highly visible from both the beach and the road. 4. We note from previous applications that there is ample garage space across the road in the original garages built for this property when new. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 11 (CONT’D) APPLICATION NO. 2008/2050
Bishopston Community Council – Objects as follows:
1. The proposed development constitutes a dominant structure which would only be more satisfactory if sited as the lower level at which it would be less obtrusive. 2. Trees on the site would be threatened by building work. No effective access would be created for the development and a new retaining wall would need to be provided for which no provision has been made. 3. The plans were not a true reflection of the potential impact of this development.
Highways Observations – The site is accessed from the private access road leading to Redcliffe apartments and therefore does not influence any adjoining highway. I have no highway objections to raise.
APPRAISAL
This application is reported to Committee for decision at the request of Councillor Keith Marsh.
Full planning permission is sought for a detached garage to the rear of Bay House, Caswell Road, Caswell. The property is accessed by a long driveway off Caswell Road and lies in a prominent position within the AONB, highly visible from Caswell Beach. The access to the proposed garage however, would be off the access road, which is under the control of the Redcliffe Apartments, over which the applicant has right of access.
The proposed garage would be sited approximately 38m to the west of the main dwelling and would measure approximately 7.2m in depth, 3.6m in width and have an overall pitched roof height of 3.1m. It would be sited where there is an existing dilapidated potting shed, which would be demolished to make way for the proposed garage. The area where the potting shed is located was previously only accessible on foot.
Members will recall that an identical application was submitted and refused in July 2008 (2008/2718 refers) for the following reason:
“The applicant has failed to demonstrate that an adequate and safe means of access can be provided for the proposed garage without having an unacceptable impact upon the character and appearance of the area and the Gower AONB and the residential amenity of neighbouring occupiers. As such the proposal fails to comply with the requirements of Policies CL1, CL5, BE1 and BE2 of the Swansea Local Plan Review No.1.”
The main issues to be considered therefore whether or not the current application has overcome the previous reason for refusal and having regard to the impact of the proposed garage on the highway safety of the area together within its visual impact upon the AONB and the residential amenities of the occupiers of the Redcliffe Apartments, taking into account the policies of the newly adopted Unitary Development Plan.
As previously reported, in addition to the impact of the proposed garage, consideration should be given to the works that have been undertaken at the site to facilitate the creation of the new access, driveway and turning area that has been created in the north western corner of the site. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 11 (CONT’D) APPLICATION NO. 2008/2050
These works have included the erection of a retaining wall and engineering works to create an access and turning area to enable the proposed garage to be accessed from the Redcliffe Apartments access road. The works undertaken have been investigated and the applicants have previously been advised that planning permission is required for these engineering works. The current scheme however, is identical to that previously submitted and the information that was previously requested and required to assess whether or not the unauthorised engineering works are safe and acceptable, has not been submitted.
It is still considered that whilst taken on its own merits, the proposed garage and its siting may be regarded as acceptable in terms of impact upon visual and residential amenity, it is still not, however, considered that the proposed garage can be considered separately from the unauthorised engineering works, as these works have been carried out in order for access to be gained and a turning area to be provided for the proposed garage, given that it cannot be accessed from the main driveway off Caswell Road.
The Council’s Tree Officer continues to raise no objection but notes that there is a protected Pine between the proposed building to be demolished and the road. The application forms states that there would be no removal or lopping of trees.
Turning to the concerns raised by the objectors, these issues have, it is considered, been addressed in the main body of the report.
In conclusion, therefore, it is considered that the applicant has continued to fail to provide sufficient information to allow the full and detailed consideration of the engineering works that have taken place at the site and whilst acknowledging that the proposed garage per se may be acceptable in terms of its impact upon visual and residential amenity, as further information of the unauthorised engineering works to facilitate its construction and access to it are not forthcoming, the Local Planning Authority is still unable to fully consider the issues and as such it is recommended that the application again be refused on the grounds that insufficient information has been submitted, but now contrary to the requirements of Policies EV1 and EV26 of the Unitary Development Plan 2008.
RECOMMENDATION
REFUSE, for the following reason:
1 The applicant has failed to demonstrate that an adequate and safe means of access can be provided for the proposed garage without having an unacceptable impact upon the character and appearance of the area and the Gower AONB and the residential amenity of neighbouring occupiers. As such the proposal fails to comply with the requirements of Policies SP3, EV1, EV26 of the Swansea Unitary Development Plan.
INFORMATIVES
1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: Policies EV1, AS6 and EV26.
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 11 (CONT’D) APPLICATION NO. 2008/2050
PLANS
01 all plans received 10th October, 2008
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 13 APPLICATION NO. 2008/1509 WARD: Area 2 Gower
Location: Kimley Moor Farm, Rhossili, Swansea Proposal: Use of land for a maximum of 5 no. touring caravans between 1st April 2009 to 31st October 2009 Applicant: Josephine Beynon
BACKGROUND INFORMATION
POLICIES
Unitary Development Plan 2008
Part 1
POLICIES
Policy Policy Description Policy SP3 The natural, built and cultural heritage of the County will be protected and enhanced to safeguard from materially harmful development.
Policy SP4 Proposals to develop or improve the variety and quality of tourism facilities will be supported where they contribute to the growth of the local economy, and where they do not have a significant impact on natural heritage and the historic environment or the amenity of local communities.
Part 2
Policy EC22 Criteria for camping and 5 touring vans on sites
Policy EV22 The countryside throughout the County will be conserved and enhanced for the sake of its natural heritage, natural resources, historic and cultural environment and recreational value.
Policy EV26 In the Gower AONB the primary objective is the conservation and enhancement of the area’s natural beauty.
SITE HISTORY
App No. Proposal 2007/2290 Use of land for a maximum of 5 no. touring caravans between 1st April and 31st October 2008 Decision: Refuse Decision Date: 21/02/2008
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 13 (CONT’D) APPLICATION NO. 2008/1509
80/0684/03 USE OF LAND FOR SITING OF 3 CARAVANS DURING SUMMER SEASON AND 3 TENTS Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 26/06/1980
81/0470/03 SITING OF 3 CARAVANS AND 3 TENTS FOR SUMMER SEASON Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 12/05/1981
82/0417/03 SITING OF THREE CARAVANS AND TENTS Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 24/06/1982
88/1585/03 CONVERSION OF REDUNDANT BARN FOR HOLIDAY ACCOMMODATION. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 06/12/1988
78/0045/01 ERECTION OF AN AGRICULTURAL DWELLING Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 21/04/1978
78/1297/02 ERECTION OF A HOUSE Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 28/12/1978
RESPONSE TO CONSULTATIONS
The application was advertised in the press and on site as a Departure from the Development Plan. No response.
The Gower Society – Objects:
1. We record a previous identical application for the same proposal i.e.2007/2290 – this was refused. We are confused by this second application. 2. The field is very close to an existing 5 van site on the same farm, and another at Pilton Moor Farm. 3. There is also Pitton Cross Caravan Camping Park, virtually across the road.
The Society objects to this application mainly for consistency and on the grounds that it conflicts with the current draft UDP and Local Plan. If for any reason you see fir to allow this development, we firmly believe that the same conditions as applied by the Caravan club on their CL sites should be applied. Static tourers should be resisted at all costs. This application does not seem to be in the best interests of the AONB.
Rhossili Community Council – No objection AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 13 (CONT’D) APPLICATION NO. 2008/1509
Highways Observations - The access to the site is acceptable for the low level of use proposed and currently serves for farm vehicle access. The provision of a site for up to 5 touring caravans on a part-time basis as applied for is unlikely to generate a high volume of vehicular movement or result in any significant affect on local highway safety conditions.
I recommend therefore that no highway objections are raised.
APPRAISAL This application is being reported to Committee for decision at the request of Councillor Richard Lewis.
Permission is sought for the use of land for the siting of 5 touring caravans from 1st April until 31st October 2009 at Kimley Moor Farm, Rhossili.
There are no planning records for the use of this site in the past and as such the proposal constitutes a new touring camping site. Members may recall an identical application being refused in February 2008 for the following reason: “The proposed development would represent an unjustified form of development at this sensitive location within the open countryside, which would have a seriously detrimental effect on the character, appearance and natural beauty of the AONB. The proposal therefore fails to accord with Policies C1 and C5 of the West Glamorgan Structure Plan Review No. 2 and Policies CL1, CL3 and RT12 of the Swansea Local Plan Review No.1. “
The main issue for consideration in this instance is whether there has been a material change in circumstances since the recent refusal and the effect of the proposal on the character and appearance of the area, having regard to Unitary Development Plan policies. It is not considered that the provisions of the Human Rights Act raise any other overriding considerations.
The primary objective of the AONB designation continues to be the conservation and enhancement of the natural beauty of the surrounding countryside. National planning policy clearly states that AONBs and National Parks are of equal status in terms of landscape and scenic beauty and must be afforded the highest status of protection from inappropriate development. Policies SP3 and SP4 of the Unitary Development Plan 2008 accord with this objective and seek to ensure that the countryside of the AONB is conserved and enhanced and that tourism and recreation development on Gower is compatible with the prime AONB planning objectives. These policies are further developed within Policies EV22 and EV26 reflecting the main objective of conserving and protecting the Gower AONB from inappropriate development.
Whilst it is acknowledged that since the previous application there has been a change in circumstances in that the prevailing development plan is now the Unitary Development Plan, which was formally adopted on 10th November 2008, the general thrust of the Policies are still seek to protect the character, appearance and natural beauty of the Gower AONB and ensuring that new tourism and recreation development is consistent with this primary objective.
Moreover, taking into account the surrounding existing established 5 caravan sites at Pitton Cross Farm, Eastmoor Cross Farm and Pilton Moor Farm, the cumulative impact of another site would represent a significantly harmful visual intrusion into the countryside and be detrimental to the visual amenities and rural character of the landscape. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 13 (CONT’D) APPLICATION NO. 2008/1509
Whilst the site is screened from the road to a large part by an existing building on the south western part of the site and a tree screen to the south east, the site is still visible in the wider landscape and from the South Gower Road.
High levels of supply and choice of sites for 5 site caravans exist within Gower at present. In policy terms, development of new pitches are regarded as the exception rather than the norm and require specific justification. No such justification has been made in this case. The proposal, therefore is not considered to add anything different to the tourism portfolio of the area and would, it is considered, only serve to compromise the environment. Furthermore, if permitted the proposal would set an undesirable precedent for further sites at other surrounding locations.
In overall terms, it is considered that the proposal fails to accord with the primary objective of the Unitary Development Plan Policies which are to protect the character, appearance and natural beauty of the Gower AONB and to restrict new development in the open countryside except in specific justified circumstances.
The proposal therefore constitutes a departure to the Development Plan and an unjustified form of development at this sensitive location within the open countryside, which would have a seriously detrimental effect on the character, appearance and natural beauty of this part of the Gower AONB. It is considered that there are no material considerations which would outweigh the provisions of the Development Plan and that approval of this application could establish an undesirable precedent for applications of a similar nature the cumulative effect of which would be a serious erosion in the character, appearance and natural beauty of the Gower AONB. Refusal is therefore recommended.
RECOMMENDATION:
REFUSE, for the following reason:
1 The proposed development would represent an unjustified form of development at this sensitive location within the open countryside which would have a seriously detrimental impact upon the character, appearance and natural beauty of the Gower AONB. The proposal therefore fails to accord with Policies SP3, SP4, EC22, EV22 and EV26 of the Unitary Development Plan 2008.
INFORMATIVES
1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: Policies SP3, SP4, EC22, EV22 and EV26.
PLANS
Site location plan received 25th July 2008
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 23 APPLICATION NO. 2008/2108 WARD: Area 2 Penclawdd
Location: 7 Llynfa Road, Penclawdd, Swansea, SA4 3XD Proposal: Single storey rear extension Applicant: Jennifer Hullin
BACKGROUND INFORMATION
POLICIES
Policy Policy Description Policy EV1 New development shall accord with the following objectives of good design: appropriate to its local context in terms of; scale, height, massing, elevational treatment, materials, layout; integrate effectively with adjacent spaces; not result in a significant detrimental impact on local amenity in terms of visual impact, loss of light or privacy, disturbance and traffic movements; incorporate a good standard of landscape design; sensitively relate to existing development patterns and seek to protect natural heritage and the historic and cultural environment. (City and County of Swansea Unitary Development Plan)
Policy EV2 The siting of new development should give preference to the use of previously developed land over Greenfield sites an must have regard to the physical character and topography of the site and its surroundings by: Avoiding locations that would have a significant adverse impact on prominent buildings, landscapes, open spaces and the general locality, including loss of visual amenity; effectively integrating with the landscape, seascape or coastline; retaining important views into and out of the site; taking into account and where possible retaining site features including existing buildings, topography, landscape, archaeological and water features, trees and hedgerows. (City and County of Swansea Unitary Development Plan)
Policy HC7 Proposals for extensions and alterations to existing residential dwellings will be assessed in terms of: relationship to the existing dwelling by virtue of size, design and materials; impact on the character and appearance of the streetscene; affect on neighbouring properties with particular reference to physical impact, overshadowing/ loss of light and privacy; impact on car parking. (City and County of Swansea Unitary Development Plan)
SITE HISTORY
None
RESPONSE TO CONSULTATIONS Two neighbouring properties have been consulted and two letters of objection have been received raising concerns with regard to: AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 23 (CONT’D) APPLICATION NO. 2008/2108
• Overlooking and loss of privacy to number 5 Llynfa Road as a result of the proposed windows to the northern elevation of the proposed extension. • Decrease in value of property • The proposed pitched roof to the proposed extension would have an adverse affect on the views from the conservatory at 9 Llynfa Road. • Overlooking at loss of privacy to number 9 Llynfa Road as a result of the proposed roof light to the southern elevation of the proposed extension.
APPRAISAL
This application is reported to Committee for decision at the request of Councillor Paul Tucker.
This application seeks full planning permission for the erection of a single storey extension to the rear elevation of this detached property at 7 Llynfa Road, Penclawdd. The proposed extension would provide an additional lounge at the property.
The main issues for consideration when assessing this application are; the impact that the proposed development would have on the existing character of the dwelling and streetscene, and, any adverse impact that the proposed development would have on the residential amenities currently experienced by the neighbouring occupiers having regard to Policies EV1, EV2 and HC7 of the City and County of Swansea Unitary Development Plan (adopted November 2008) and planning guidance ‘A Design Guide for Householder Development June 2008’.
The proposed extension would measure approximately 5.7 metres in width, 6.6 metres in depth and 4.5 metres in height and incorporate a pitched roof. The proposed extension is considered acceptable in terms of scale, design and siting and although relatively long, given its single storey scale and siting, is not considered to have an adverse impact on the character of the existing dwelling or streetscene which accords with Supplementary Planning Guidance ‘A Design Guide for Householder Development’.
In terms of residential amenity the objections raised by both neighbouring properties are noted. In order to address the issues raised in these objections, it is considered that imposing a condition to obscure glaze the proposed window to the side elevation of the proposed extension facing number 9 Llynfa Road would ensure that the amenity and privacy of the adjoining occupiers would be protected. In addition, it is considered that imposing a condition requiring the erection of a boundary screen between number 7 Llynfa Road and number 5 Llynfa Road would ensure that these neighbouring occupiers would not be unacceptably overlooked from the proposed extension. It is therefore considered that the proposed extension would not significantly adversely affect the amenities of the neighbouring occupiers by way of loss of light, loss of privacy or overbearing impact.
In view of the above considerations the proposed single storey extension is considered to accord with Policy EV1, EV2 and HC7 of the City and County of Swansea Unitary Development Plan (adopted November 2008) and ‘A Design Guide for Householder Development June 2008’. It is therefore recommended that this application is granted subject to the following conditions. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 23 (CONT’D) APPLICATION NO. 2008/2108
RECOMMENDATION
APPROVE, subject to the following conditions;
1 The development shall be commenced not later than the expiration of 5 years from the date of this planning permission and shall be completed in accordance with the said application plans and conditions prior to any part thereof being brought into beneficial use, unless otherwise agreed in writing by the Local Planning Authority. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990 and to ensure that the development is completed in accordance with the plans approved by the City and County of Swansea, and so avoid any detriment to amenity or public safety by works remaining uncompleted.
2 Notwithstanding the submitted plans all the windows to the southern elevation of the extension hereby approved, facing No. 9 Llynfa Road, shall be obscure glazed at the time of construction and shall be retained as such at all times thereafter unless otherwise agreed in writing by the Local Planning Authority. Reason: To protect the privacy of adjoining occupiers.
3 Prior to the beneficial use of the extension hereby approved, a close boarded fence/wall shall be erected along the northern boundary, in accordance with details that have first been submitted to and agreed in writing by the Local Planning Authority. Reason: In the interests of residential amenities.
INFORMATIVES
1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: (Policy EV1, EV2 and HC7 )
PLANS
Site location plan, block plan, DWG 1- existing & proposed floor plans, DWG 2- existing & proposed elevations received 17th October 2008
AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 14 APPLICATION NO. 2008/1660 WARD: Area 2 Fairwood
Location: Firdene, 3 Dunvant Road, Three Crosses, Swansea, SA4 3NU Proposal: Replacement detached dwelling with detached garage and detached summer house with pergola Applicant: Mr and Mrs J Thomas
BACKGROUND INFORMATION a. Relevant Planning Policies
Planning Policy Wales (March 2002)
City and County of Swansea Unitary Development Plan
Part 1
Vision
A sustainable approach to the development of a prosperous region focused on a cosmopolitan and multi-cultural City and County, which capitalises on its waterfront location. The strategy will be based on the conservation of the best we have, whilst making effective provision for the promotion of employment, good housing, shopping, leisure, tourism, community and education facilities in a safe, accessible, innovatively designed, healthy, ecologically rich and visually attractive environment.
Goals
Goal 1 Sustain a healthy, visually attractive and ecologically and historically rich environment.
Objectives
1.a To upgrade the visual environment and image of the area. 1.b To promote locally distinct, innovative design sensitive to the location and setting. 1.c To protect the countryside from development that would cause material harm, particularly where the undeveloped coastline or other areas of high landscape quality are concerned. 1.k To ensure the public realm and new development is accessible for all. 1.m To promote resource efficient buildings and layouts in all new development.
Strategic Policies
Policy SP1 Sustainable development will be pursued as an integral principle of the planning and development process. Development proposals designed to a high quality and standard, which enhance townscape, landscape, sense of place, and strengthen Swansea’s Waterfront identity, will be favoured. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 14 (CONT’D) APPLICATION NO. 2008/1660
Policy SP2 The countryside will be protected and conserved, with green wedges shaping the urban form and safeguarding the distinctive interplay of town and country. Village character will be protected.
Policy SP3 The natural, built and cultural heritage of the County will be protected and enhanced to safeguard from materially harmful development.
Part 2
Policy EV1 New development shall accord with the following objectives of good design: (i) Be appropriate to its local context in terms of scale, height, massing, elevational treatment, materials and detailing, layout, form, mix and density, (ii) Integrate effectively with adjacent spaces and the public realm to create good quality townscape, (iii) Not result in a significant detrimental impact on local amenity in terms of visual impact, loss of light or privacy, disturbance and traffic movements, (iv) Incorporate a good standard of landscape design, (v) Sensitively relate to existing development patterns and seek to protect natural heritage and the historic and cultural environment, not only on-site, but in terms of potential impact on neighbouring areas of importance, and, where appropriate: (vi) Foster ‘inclusive design’ by ensuring the development allows access for the widest range of people possible, (vii) Support an integrated transport system, (viii) Contribute to the creation of new, and the improvement of existing, spaces and an enhancement of the general street scene, (ix) Promote resource efficient and adaptable buildings and layouts using sustainable design and construction techniques, including the reuse and recycling of construction and demolition waste on site, and energy and water efficiency measures, (x) Provide a safe environment by addressing issues of security, crime prevention, and the fear of crime in the design of buildings and the space and routes around them, (xi) Have regard to the desirability of preserving the setting of any listed building. Design statements will be required in support of planning applications which have design implications including applications for new or extended buildings and infrastructure and changes to landscape appearance and/or those involving sensitive sites and locations.
Policy EV2 The siting of new development should give preference to the use of previously developed land over greenfield sites and must have regard to the physical character and topography of the site and its surroundings by: (i) Avoiding locations that would have a significant adverse impact on prominent buildings, landscapes, open spaces and the general locality, including loss of visual amenity, AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 14 (CONT’D) APPLICATION NO. 2008/1660
(ii) Effectively integrating with the landscape, seascape or coastline by utilising topography to integrate into the contours of the site and avoiding conspicuous locations on prominent skylines and ridges, (iii) Retaining important views into and out of the site, (iv) Taking into account and where possible retaining site features including existing buildings, topography, landscape, archaeological and water features, trees and hedgerows, and, where appropriate: (v) Undertaking, at the earliest opportunity, an assessment of species and habitats on site and, where planning permission is granted, implementing any necessary mitigation measures, (vi) Avoiding detrimental effects on the historic environment, (vii) Locating near transport nodes to encourage an integrated transport system, (viii) Not prejudicing the viability and function of any agricultural land adjoining the site, (ix) Determining whether the proposal would be at risk from flooding, increase flood risk off-site, or create additional water run-off, (x) Having due regard to the implications of the development for infrastructure and services, (xi) Integrating with existing community facilities, (xii) Utilising landscape and topography to maximise energy efficiency, (xiii) Having full regard to existing adjacent developments and the possible impact of environmental pollution from those developments, as well as the creation of any environmental pollution to the detriment of neighbouring occupiers (including light, air and noise), (xiv) Identifying the location of any hazardous installations in the area and development that would be at risk from, or prejudice the operational use of, hazardous installations, And, (xv) Identifying and fully addressing issues of contamination and land instability.
Policy EV3 Proposals for new development and alterations to and changes of use of existing buildings will be required to: (i) Provide access and facilities for all, (ii) Provide satisfactory parking in accordance with Council adopted design standards, (iii) Contribute to a high quality public realm by improving pedestrian linkages with adjoining spaces and attractions, (iv) Be accessible to pedestrians, cyclists and users of public transport. The only exceptions to the above criteria will be where it can be demonstrated that, in undertaking measures to adhere to a particular accessibility requirement, significant harm would be caused to the character of a building of architectural or historic significance.
Policy EV19 Replacement dwellings in the countryside, including residential chalets, will only be permitted where: (i) The residential use has not been abandoned, (ii) The proposed new dwelling is similar in terms of its siting, scale, design and character with the dwelling it is to replace, AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 14 (CONT’D) APPLICATION NO. 2008/1660
And, (iii) The development complements the character of the surrounding area.
Policy EV22 The countryside throughout the County will be conserved and enhanced for the sake of its natural heritage, natural resources, historic and cultural environment and agricultural and recreational value through: (i) The control of development, and (ii) Practical management and improvement measures.
Policy EV23 Within the Green Wedge, development will only be permitted if it maintains the openness and character of the green wedge and does not contribute to the coalescence of settlements or adversely affect the setting of the urban area. Appropriate development within the green wedge comprises the following:
(i) Justified development in association with agriculture or forestry, (ii) Essential facilities for outdoor sport and recreation or cemetery use, (iii) Limited extension, alteration or replacement of existing dwellings, (iv) Small scale farm diversification, (v) The re-use of existing permanent/substantial buildings, (vi) Affordable housing for local needs under Policy EV18, (vii) Other uses of land and forms of development that maintain the openness of the green wedge and do not conflict with the purpose of including land within it. b. Relevant Planning History
2007/0477 Replacement detached dwelling and garage Decision: Refuse Decision Date: 20/08/2007 c. Response to Consultations
ORIGINAL PLANS
The application was advertised on site and ONE neighbouring dwelling was individually consulted. FIVE LETTERS OF OBJECTION have been received and are summarised as follows:
1. Many trees will be removed. 2. Detrimental impact upon the area. 3. Three storey building will dominate the landscape and will severely impact on the adjacent property. 4. Much larger than existing dwelling. 5. Overbearing impact. 6. Loss of view. 7. Height of dwelling. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 14 (CONT’D) APPLICATION NO. 2008/1660
8. Design. 9. Prominent in the open countryside. 10. Overdevelopment. 11. Loss of privacy. 12. Scale of dwelling unacceptable.
Gower Society: Object on the following grounds:
1. This is a conspicuous development; we are concerned about the visual impact of the landscape. 2. There are no dimensions shown on the plans. This appears to be more than double the footprint of the existing house. 3. We are particularly concerned about the increase in height from 7.5m high to nearly 11m at the highest point. 4. Despite the statements made in the supporting documentation, this development is the only one of two on the south side of the road between Three Crosses and Dunvant. It is in effect, in the open countryside. It is not part of ribbon development. 5. The proposal represents extensive over-development of the site.
Highway Observations: There are no highway safety implications with this replacement dwelling. Access is acceptable and there will be adequate parking and turning facilities within the site.
I recommend that no highway objections are raised.
AMENDED PLANS
The application was again advertised on site and in the Evening Post as a Departure to the recently adopted Unitary Development Plan.
Neighbours: SEVEN neighbouring dwellings were individually consulted and ONE letter of OBJECTION has been received which is summarised below:
1. Height. 2. Overbearing. 3. Appearance in the wider landscape. 4. Loss of trees. 5. Prominent location.
Gower Society: The Gower Society has looked at the amended application and notes that the roof is shown as approx 1m lower. However this house is still very large, on a highly visible site and in open countryside.
All the comments in our letter of 27th August still stand. The Gower Society strongly opposes this proposal.
APPRAISAL
This application has been reported to Committee for decision at the request of Councillor Richard Lewis. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 14 (CONT’D) APPLICATION NO. 2008/1660
Full planning permission is sought for a replacement detached dwelling with detached garage and detached summer house with pergola at Firdene, Dunvant Road, Three Crosses. Planning permission was previously refused for a replacement dwelling at the site (Ref: 2007/0477) as it was considered that the proposal was not of an appropriate design and external appearance and did not relate satisfactorily to the existing property in terms of scale and massing. In addition the scale, massing, design and materials of the proposed development were considered to be out of keeping with and detrimental to the rural landscape and the character and appearance of the surrounding open countryside. Furthermore it was considered that the approval of such an application would have set an undesirable precedent for the consideration of other proposals of a similar nature, the cumulative effect of which would be the incremental erosion of the natural beauty and character of the open countryside, contrary to the then extant West Glamorgan Structure Plan and Swansea Local Plan Review No1.
Following extensive pre-application discussions the current application was submitted in order to seek to overcome the Authority’s concerns in respect of the previous refusal. Following additional officer concerns, amended plans were submitted incorporating the following changes:
1. The height reduced from 10.7m to 9.5m. 2. A Juliet balcony was replaced by a more appropriate slit window. 3. A two storey side element was reduced from 9m to 8.3m
Situated approximately 62m east of the settlement boundary of Three Crosses and approximately 780m from the settlement of Dunvant; the site lies on the southern edge of Dunvant Road between the villages of Three Crosses and Dunvant within both the open countryside and Green Wedge. The site itself slopes away from the main road. For the most part the site is significantly screened from Dunvant Road by a large cluster of evergreen trees.
Residential development is sparse outside the settlements but responds to the linear form of Dunvant Road. In this respect, the surrounding residential properties comprise of a number of large detached dwellings constructed over the last 50 years which are highly visible from wider vantage points. The south facing boundary of the site overlooks open countryside towards Fairwood Common. Views from the north of the site are limited due to the high vegetation along Dunvant Road and the falling land levels to the rear.
The main issues for consideration are the impact of the development upon the character and appearance of the open countryside, the Green Wedge and the surrounding area, the impact upon the residential amenities of the neighbouring dwellings and highway safety having regard for the policies of the Swansea UDP. It is not considered the Human Rights Act and the submitted Access Statement raise any further additional issues.
The UDP comprises two parts, Part 1 and 2. Part 1 sets out the broad vision and aspirations for development and conservation together with the overall strategy for pursuing them. Part 2 translates these goals and objectives into more detailed policies and development proposals. It is considered that the proposed development accords with the Vision, Goals, Objectives and Strategic Policies of Part 1 of the Plan referred to above. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 14 (CONT’D) APPLICATION NO. 2008/1660
In terms of Part 2 Policy EV1, to which Policy EV19 is cross referenced, states that where there is scope; design should seek to improve the built environment. This also needs to be considered in the context of the Strategic objectives of the Plan, which amongst other things seek to upgrade the visual environment and image of the area, promote locally distinct, innovative design sensitive to the location and setting and to protect the countryside from development that would cause material harm (see Objective 1.a, 1.b and 1.c referred to above).
Although the area lies within the open countryside and Green Wedge there is no prevailing characteristic or dominant house type to suggest a specific architectural response on this site. In terms of the principle of development open countryside and Green Wedge policies EV22 and EV23 allow for appropriate replacement dwellings where they conserve and enhance the natural environment. UDP Policy EV19 relates specifically to replacement dwellings in the open countryside requiring proposals to be similar in terms of siting, scale, design and character with the dwelling it is to replace. Such developments are also required to complement the character of the surrounding area. This policy is intended to avoid the replacement of rural dwellings with inappropriate new development that detracts from the character of the countryside. Whilst the policy requires proposals to be similar in siting, scale, design and character it is not considered that it is intended to prevent appropriate development where it can be clearly demonstrated that there would be no harmful impact on the character of the area through the increased size of a dwelling or where there is an enhancement in the appearance of the existing dwelling. At the same time it is paramount that any new dwelling achieves a high quality design that responds to, protects and enhances the inherent qualities of the countryside whilst also respecting the residential amenity of surrounding properties and the scale and massing of the existing dwelling.
The form, layout and massing of the dwelling are different from the dwelling that was previously proposed. It is evident that a strong design concept has underlined this development from the start; recognising the need for the architecture to respond to the rural, linear character of Dunvant Road and the wider character of the countryside.
Whilst it is acknowledged the proposed dwelling is larger than the existing dwelling and incorporates a revised siting (contrary to Policy EV19) it must be noted that the site is a large plot and can easily accommodate the proposal. The general farm incorporates traditional one and two storey forms to break down the overall massing so that the building is in scale with the plot and the wider rural area and also creates a series of spaces around the dwelling. It is considered that the design, coupled with the revised siting at a lower level and the reduction of the height of the main ridge together with the subordinate two-storey element will reduce the visual impact upon the wider landscape and fundamentally respects and enhances the character and appearance of its local context. This application reflects a recent trend of traditional public front elevations which reflects elements of Gower character with more contemporary private rear elevations utilising large areas of glass. The roof accommodation is not an issue in principle and the omission of the Juliet balcony and its replacement with a slit window as requested will ensure that the property will appear two-storey in appearance which reflects the prevailing street- scene and respects the character of the existing dwelling which is two-storey in appearance. Whilst the application plans indicate that quality materials will be used in its construction, notwithstanding this, further information will be required to ensure the quality of the scheme is maintained as it is essential that the proposal relates to its wider context and as such the quality of the materials is critical. This will be enforced by condition. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 14 (CONT’D) APPLICATION NO. 2008/1660
Therefore, whilst the proposal is technically a departure from the provisions of the replacement dwelling Policy EV19, in that its siting is different to the existing dwelling, it is considered that given the design and materials proposed the development is of a high quality which will safeguard and protect the green wedge and natural qualities of the countryside. In addition its siting, form and design will ensure the proposal is compatible with the prevailing linear pattern of development. Whilst it is acknowledged that the replacement dwelling will be larger than the existing dwelling, its siting at a lower level coupled with a high quality design will ensure the proposal will preserve and enhance the character and appearance of the countryside and as such comply with the principles of Policies SP1, SP2, SP3, EV1, EV2, EV3, EV22 and EV23 of the Swansea UDP.
With regard the proposed garage, whilst front garages are not generally encouraged, it will be situated in a similar siting to the existing dwelling and therefore its impact upon the visual amenities of the area is considered to be minimal and complies with the policies of the prevailing development plan.
Turning to residential amenities the only neighbouring dwelling which is likely to be affected by the proposal is Priors Wood, which is situated to the immediate east of the application site. Whilst it is acknowledged that Priors Wood is single storey in appearance the nearest two-storey element of the proposal will be situated in excess of 8m from the boundary with the neighbour and as such will not prove unacceptably overbearing or detract from the residential amenities of these neighbouring occupiers. In terms of overshadowing, the proposed dwelling will be situated to the immediate west of the neighbour and as such would result in some early evening overshadowing which is not considered unacceptable. With regard overlooking, whilst there is a lot of glazing to the rear, the proposal will not result in unacceptable overlooking to the rear over and above what was previously experienced. A secondary bedroom window is proposed in the first floor flank elevation just over 8m from the boundary with the neighbour, which is below the councils recommended separation distance of 10m. As such a condition is recommended to obscure glaze and fix shut this window in order to overcome concerns in relation to overlooking. Turning to the proposed garage, this building is situated in a similar position to the existing house and being single storey, in comparison will not prove unacceptably overbearing or overshadowing. Therefore the proposal is considered to comply with the principles of Policy EV1 of the Swansea UDP.
A summer house and pergola is proposed to the rear of the dwelling house, which is small in both height and size and as such would not be prominent within the wider landscape or from the neighbouring dwelling. As such it will have no impact upon the residential amenities of the neighbouring occupiers or the wider landscape.
Having consulted the Head of Transportation and Engineering there are no adverse highway implications associated with the proposed development and as such there are no highway objections.
In terms of impact upon protecte4d species, a survey report has been submitted by the applicant and the Authority’s Ecologist raises no objection subject to the applicants obtaining an appropriate licence from the Welsh Assembly. A condition is recommended in this respect. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 14 (CONT’D) APPLICATION NO. 2008/1660
Notwithstanding the above, nine letters of objection were received raising concerns relating to the height, overbearing impact and appearance in the landscape; the loss of trees, prominence in the location, overdevelopment of the site, scale of development, loss of privacy and pattern of development. The issues pertaining to which have been addressed above.
Concern has also been raised with regard the loss of a view. The loss of a view is not, however, a material planning consideration and was not therefore taken into consideration during the determination of this application.
In summary the resubmission of this scheme for a replacement dwelling in the countryside demonstrates that a contemporary idiom can inform a sensitive, contextual approach to redeveloping this site. The design combines a mix of traditional and modern forms and materials to create a dwelling that respects the local vernacular of Gower and the landscape of the Green Wedge and open countryside whilst also offering modern, flexible accommodation for its occupants. Therefore whilst it is acknowledged that the scheme is technically a departure from the provisions of the replacement dwellings Policy EV19 due to its revised siting, it is considered that given that the development complies with the principles of Policies SP1, SP2, SP3, EV1, EV2, EV3, EV22 and EV23 of the Swansea UDP the proposal is a justifiable departure from the provisions of the Development Plan and Approval is recommended.
RECOMMENDATION
That the application be REFERRED TO PLANNING COMMITTEE as a Departure from the Development Plan with a recommendation that it be APPROVED subject to the following conditions:
1 The development shall be commenced not later than the expiration of 5 years from the date of this planning permission and shall be completed in accordance with the said application plans and conditions prior to any part thereof being brought into beneficial use, unless otherwise agreed in writing by the Local Planning Authority. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990 and to ensure that the development is completed in accordance with the plans approved by the City and County of Swansea, and so avoid any detriment to amenity or public safety by works remaining uncompleted.
2 Samples of all external finishes which shall include natural slate for the roof, render and natural stonework for the walls and timber windows, doors and joinery shall be submitted to and approved by the Local Planning Authority in writing before the development is commenced. The scheme shall be implemented in accordance with the approved details. Reason: In the interests of visual amenity.
3 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or amending that Order), Classes A, B, C and D of Part 1 of Schedule 2 shall not apply. Reason: The development hereby approved is such that the Council wish to retain control over any future development being permitted in order to ensure that a satisfactory form of development is achieved at all times. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 16TH DECEMBER 2008
ITEM 14 (CONT’D) APPLICATION NO. 2008/1660
4 The first floor windows in the east facing elevation, shall be obscure glazed, and unopenable except for a fan light and shall be retained as such unless otherwise agreed in writing with the Local Planning Authority. Reason: To safeguard the privacy of the occupiers of neighbouring residential properties.
5 Prior to the commencement of any demolition or work on site a Bat License shall be obtained from the Welsh Assembly Government and a copy submitted to and agreed in writing by the Local Planning Authority. Reason: To ensure the preservation of the protected species.
INFORMATIVES
1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: (SP1, SP2, SP3, EV1, EV2, EV3, EV19, EV22 and EV23).
2 Bats may be present in this (some of these) building (s). All British bat species are protected under Schedule 5 of the Wildlife & Countryside Act 1981 (as amended) and are listed in Schedule 2 of the Conservation (Natural Habitats & c.) Regulations 1994. This legislation implements the EC Habitats and Species Directive in the UK making it an offence to capture, kill or disturb a European Protected Species or to damage or destroy the breeding site or resting place of such an animal. If a bat is encountered during demolition, work should cease immediately and the Countryside Council for Wales informed (01792 763500).
3 Birds may be present in the roof of this building please note it is an offence under the Wildlife & Countryside Act 1981 (as amended) to intentionally (intentionally or recklessly for Schedule 1 birds) to: - Kill, injure or take any wild bird - Take, damage or destroy the nest of any wild bird while that nest in use or being built - Take or destroy an egg of any wild bird Care should be taken when working on buildings particularly during the bird nesting season March-August.
PLANS
4264 PL SL (99)01 Site location plan, 4264 PL AL (99)01 proposed site plan, 4264 PL AL (99)04 existing elevations received 8th August 2008. Amended plans 4264 PL AL (99)03A proposed elevations received 27th October 2008. Amended plan 4264 PL AL (99)02B proposed floor plans received 18th November 2008
AREA 2 DEVELOPMENT CONTROL COMMITTEE
Councillors:
J E Burtonshaw R D Lewis (Chairman) V A Bates-Hughes K E Marsh M C Child P Matthews A R A Clement(Non-Voting) P N May A C S Colburn P M Meara A M Day J T Miles W Evans W K Morgan E W Fitzgerald J Newbury R Francis-Davies C L Philpott N A Holley(Non-Voting) D Phillips (Non-Voting) P R Hood-Williams D Price D H James T H Rees W E A Jones J C Richards D I E Jones G Seabourne J W Jones(Non-Voting) R J Stanton Mary H Jones M Smith S M Jones P B Smith A Jopling N J Tregoning J B Kelleher D W W Thomas R H Kinzett(Non-Voting) D P Tucker (Vice-Chairman) E T Kirchner S M Waller Thomas