COMMITTEE DATE: 19/12/2012
APPLICATION No. 12/932/DCI APPLICATION DATE: 18/06/2012
ED: GRANGETOWN
APP: TYPE: Outline Planning Permission
APPLICANT: Helium Miracle 201 Ltd LOCATION: ISV Office Site, Watkiss Way, Grangetown Peninsula, CF11 0SF PROPOSAL: ERECTION OF 95 NO. DWELLINGS, VEHICULAR AND PEDESTRIAN ACCESS, PARKING, SERVICING AND LANDSCAPING ______
RECOMMENDATION 1: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraphs 9.3 of the Chief City Development Officer's report, outline planning permission be GRANTED subject to the following conditions:
1. A. Approval of the details of the siting, design and external appearance of the buildings, and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced. B. Plans and particulars of the reserved matters referred to in condition 1A above, relating to the siting, design and external appearance of the buildings to be erected, and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. C. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. D. The development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of the last of the reserved matters to be approved, whichever is the later.
Reasons: A. In accordance with the provisions of Article (3)1 of the Town and Country Planning (General Procedure) Order 1995. B, C and D. In accordance with the provisions of Section 92 of the Town and Country Planning Act 1990.
2. Amended Plans: The consent relates to the application as amended by the revised plans attached to and forming part of this application and numbered as follows:
GA(0.)001G Site Plan GA(0) 002F Massing model ARCH-GA-(00)-119A Red Line Plan GA(0)302B Site sections Reason: The plans amend and form part of the application.
3. Additional Information: The consent relates to the application as supplemented by the additional information attached to and forming part of this application and numbered as follows: (i) Revised Design & Access Statement (rev A dated 14.8.12) (ii) Plan showing indicative apartment layouts (rev B dated 17.10.12) (iii) Noise Impact Assessment dated 16th August 2012 (iv) Revised Affordable Housing Delivery Statement dated December 2012 Reason: The information forms part of the application.
4. Contamination - Land Contamination Risk Assessment: Prior to the commencement of the development an assessment of the nature and extent of contamination shall be submitted to and approved in writing by the Local Planning Authority. The report of the findings shall include a desk top study to identify all previous uses at the site and potential contaminants associated with those uses and the impacts from those contaminants on land and controlled waters; an intrusive investigation to assess the extent, scale and nature of contamination which may be present; an assessment of the potential risks, and an appraisal of remedial options and justification for the preferred remedial option(s). Reason: To ensure that information provided for the assessment of the risks from land contamination to the future users of the land, neighbouring land, controlled waters, property and ecological systems is sufficient to enable a proper assessment in accordance with policy 2.63 of the Cardiff Unitary Development Plan.
5. Submission of Remediation Scheme and Verification Plan: Prior to the commencement of the development a detailed remediation scheme and verification plan to bring the site to a condition suitable for the intended use by removing any unacceptable risks to human health, controlled waters, buildings, other property and the natural and historical environment, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures. Reason: To ensure that any unacceptable risks from land contamination to the future users of the land, neighbouring land, controlled waters, property and ecological systems are minimised, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy 2.63 of the Cardiff Unitary Development Plan
6. Undertaking of Remediation and Issue of Verification Report: The remediation scheme as approved by the Local Planning Authority must be fully undertaken in accordance with its terms prior to the occupation of any part of the development unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Within 6 months of the completion of the measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that any unacceptable risks from land contamination to the future users of the land, neighbouring land, controlled waters, property and ecological systems are minimised, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy 2.63 of the Cardiff Unitary Development Plan
7. Post Remediation Monitoring Requirements: A monitoring scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of 12 months (or another agreed timeframe), must be submitted to and approved by the Local Planning Authority, prior to the occupation of any approved building. Within 2 months of completion of the monitoring period a final report that demonstrates the effectiveness of the monitoring shall be submitted to the Local Planning Authority. Reason: To ensure that any unacceptable risks from land contamination to the future users of the land, neighbouring land, controlled waters, property and ecological systems are minimised, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy 2.63 of the Cardiff Unitary Development Plan
8. Identification of Unsuspected Contamination: In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing within 2 days to the Local Planning Authority, all associated works must stop, and no further development shall take place unless otherwise agreed in writing until a scheme to deal with the contamination found has been approved. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme and verification plan must be prepared and submitted to and approved in writing by the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be submitted to and approved in writing by the Local Planning Authority. The timescale for the above actions shall be agreed with the Local Planning Authority within 2 weeks of the discovery of any unsuspected contamination. Reason: To ensure that any unacceptable risks from land contamination to the future users of the land, neighbouring land, controlled waters, property and ecological systems are minimised, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy 2.63 of the Cardiff Unitary Development Plan
9. Ground Gas Assessment: Prior to the commencement of any development works a scheme to investigate and monitor the site for the presence of gases being generated at the site or land adjoining thereto, including a plan of the area to be monitored, shall be submitted to the Local Planning Authority for its approval. Following completion of the approved monitoring scheme and prior to commencement of any development works, the proposed details of any appropriate gas protection measures which may be required to ensure the safe and inoffensive dispersal or management of gases and to prevent lateral migration of gases into or from land surrounding the application site shall be submitted to and approved in writing to the Local Planning Authority. All required gas protection measures shall be installed in accordance with the approved details and appropriately verified before occupation of any part of the development which has been permitted, and the approved protection measures shall be retained and maintained until such time as the Local Planning Authority agrees in writing that the measures are no longer required. Reason: To ensure that the safety of future occupiers is not prejudiced in accordance with policy 2.63 of the Cardiff Unitary Development Plan
10. Importation of Soils: Any topsoil [natural or manufactured],or subsoil, to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation which shall be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with Pollution Control’s Imported Materials Guidance Notes. Subject to approval of the above, sampling of the material received at the development site to verify that the imported soil is free from contamination shall be undertaken in accordance with a scheme and timescale to be agreed in writing by the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced in accordance with policy 2.63 of the Cardiff Unitary Development Plan
11. Importation of Aggregates: Any aggregate (other than virgin quarry stone) or recycled aggregate material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation which shall be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with Pollution Control’s Imported Materials Guidance Notes. Subject to approval of the above, sampling of the material received at the development site to verify that the imported soil is free from contamination shall be undertaken in accordance with a scheme and timescale to be agreed in writing by then Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced in accordance with policy 2.63 of the Cardiff Unitary Development Plan
12. Use of Site Won Material: Any site won material including soils, aggregates, recycled materials shall be assessed for chemical or other potential contaminants in accordance with a sampling scheme which shall be submitted to and approved in writing by the Local Planning Authority in advance of the reuse of site won materials. Only material which meets site specific target values approved by the Local Planning Authority shall be reused. Reason: To ensure that the safety of future occupiers is not prejudiced in accordance with policy 2.63 of the Cardiff Unitary Development Plan.
13. Piling works: Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details. Reason: In order to protect quality of groundwater and the waters of Cardiff Bay.
14. Flooding: The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Consequences Assessment Report (FCA) submitted by ARUP (dated September 2011). Site levels shall be set no lower than 8.0m above Ordnance Datum (AOD). Reason: To reduce flood risk.
15. Drainage scheme: No development shall take place until comprehensive proposals showing how foul and surface water flows from the site will be dealt with have been submitted to and approved by the Local Planning Authority. The works shall be implemented in accordance with the approved details. Reason: To ensure an orderly form of development.
16. Oil and petrol separators: The development hereby permitted shall not be commenced until such time as a scheme to install oil and petrol separators has been submitted to and approved by the Local Planning Authority. The scheme shall be implemented as approved. Reason: To prevent pollution of the environment due to the number of car spaces.
17. Acoustics : No development shall take place until a detailed noise impact assessment of the existing noise sources in the area, and scheme for proposed mitigation measures, has been submitted to and approved by the Local Planning Authority in writing. The scheme shall be constructed in accordance with the approved details prior to the development being put into beneficial use. Reason: to protect the amenities of future residents.
18. Road traffic noise: Prior to commencement of development a scheme shall be submitted to and approved in writing by the Local Planning Authority to provide that all habitable rooms exposed to external road traffic noise in excess of 63 dBA Leq 16 hour [free field] during the day [07.00 to 23.00 hours] or 57 dBA Leq 8 hour [free field] at night [23.00 to 07.00 hours] shall be subject to sound insulation measures to ensure that all such rooms achieve an internal noise level of 40 dBA Leq 16 hour during the day and 35 dBA Leq 8 hour at night. The submitted scheme shall ensure that habitable rooms subject to sound insulation measures shall be provided with acoustically treated active ventilation units. Each ventilation unit (with air filter in position), by itself or with an integral air supply duct and cowl (or grille), shall be capable of giving variable ventilation rates ranging from: 1) an upper rate of not less than 37 litres per second against a back pressure of 10 newtons per square metre and not less than 31 litres per second against a back pressure of 30 newtons per square metre, to 2) a lower rate of between 10 and 17 litres per second against zero back pressure.
No habitable room shall be occupied until the approved sound insulation and ventilation measures have been installed in that room. Any private open space (excepting terraces or balconies to any apartment) shall be designed to provide an area which is at least 50% of the area for sitting out where the maximum day time noise level does not exceed 55 dBA Leq 16 hour [free field]. Reason: To ensure that the amenities of future occupiers are protected.
19. Plant Noise: The rating level of the noise emitted from fixed plant within the site (pumping station) and any plant noise from within this development shall not exceed the existing background noise level at any time by more than 5dB(A) at residential property within this development when measured and corrected in accordance with BS 4142: 1997 (or any British Standard amending or superseding that standard). Reason: To ensure that the amenities of occupiers of the proposed development are protected.
20. Odour assessment: No development shall take place until a detailed odour assessment of the existing odour sources in the area, and scheme for proposed mitigation measures, has been submitted to and approved by the LPA in writing. The scheme shall be implemented in accordance with the approved details prior to the development being put into beneficial use. Reason: To protect the amenities of future residents. 21. D3C Parking Within Curtilage
22. C3F Details of Access Road Junction
23. Cycle Parking: No development shall take place until details showing the provision of a minimum of one cycle parking space per flat/apartment unit (under cover and secure) have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented prior to the development being put into beneficial use. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the secure parking of cycles.
24. Highway works condition: Unless otherwise agreed in writing with the Local Planning Authority, no development shall take place until the details of a scheme for the provision of a minimum 3.5m shared cycle/footway on Watkiss Way along the boundary of the site, along with the provision of crossing facilities between the site and the cycle/footway on the West side of Watkiss Way have been submitted to and agreed in writing with the Local Planning Authority. The agreed scheme to be implemented prior to beneficial occupation of the development. Reason: To provide pedestrian and cycle access to, from and between the development, Pont y Werin bridge and the wider cycle network;
25. Travel Plan: No part of the development hereby permitted shall be occupied until a residential Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall set out proposals and targets together with a timetable to limit or reduce the number of single occupancy journeys to/from the site, and to promote travel by sustainable modes that are acceptable to the Local Planning Authority. The Travel Plan shall be implemented in accordance with the timetable set out in the plan unless otherwise agreed in writing by the Local Planning Authority. Reports demonstrating progress in promoting sustainable transport measures shall be submitted annually on each anniversary of the date of the planning consent to the Chief Transportation Officer. Reason: To promote travel by sustainable modes.
26. Construction Management Plan: No part of the development hereby permitted shall be commenced until a scheme of construction management has been submitted to and approved by the Local Planning Authority, to include details of site hoardings, site access and wheel washing facilities. Construction of the development shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity.
27. Siting and design: The details submitted in discharge of condition 1 shall, unless otherwise approved by the Local Planning Authority, accord with the indicative layout on site plan GA(0)001G, indicative sections GA(0)302 and indicative massing diagram GA(0)002F which form part of the application. Reason: In the interests of good urban design and amenity of future residents.
28. External appearance: The details submitted in discharge of condition 1 shall, unless otherwise approved by the Local Planning Authority, accord with the Contextual Assessment chapter of the Design and Access Statement revision A which refers to external appearance and building materials and forms part of the application. Reason: To ensure a satisfactory finished appearance to the development.
29. Site enclosure and boundary treatments within site: No development shall take place until details of the means of site enclosure and details of all boundary walls and fences within the development have been submitted to and approved by the Local Planning Authority. The scheme shall be constructed in accordance with the approved details prior to the development being put into beneficial use. Reason: To ensure that the amenities of the area are protected.
30. Restriction on placing of telecomms equipment: Notwithstanding the provision of Part 25 of the Town and Country Planning (GPDO) Order 1995 (or any Order amending, revoking or re-enacting that Order) no telecommunication antennae, dish or equipment shall be installed externally within the curtilage of the site without the prior written consent of the Local Planning Authority. Reason: In the interests of visual amenity.
31. Sustainability: The dwellings hereby approved shall meet the BRE Code for Sustainable Homes (Version 3) Level 3, and shall obtain a minimum of 1 credit under Ene 1 (Dwelling Emissions Rate). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.
32. Construction of the dwellings hereby permitted shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 (Dwelling Emission Rate) shall be achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.
33. Prior to occupation of the dwellings hereby permitted a Code for Sustainable Homes (Version 3) Level 3 ‘Final Certificate’ shall be submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 (Dwelling Emissions Rate) has been achieved for the dwellings. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.
RECOMMENDATION 2: The access junction and highway works conditions and any other works to existing or proposed adopted public highway are to be subject to agreements under Section 278 and/or Section 38 of the Highways Act 1980 between the developer and Local Highway Authority.
RECOMMENDATION 3: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for
i) determining the extent and effects of such constraints; ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates/ soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under Section 33 of the Environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site:
• Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and
(iii) the safe development and secure occupancy of the site rests with the developer.
Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land. The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 An outline application for 95 apartments and ancillary works. The application seeks detailed approval for means of access only with all other matters reserved. The accommodation comprises 19 x 3 bed apartments and 76 x 2 bed apartments and is mixed tenure. The tenure split is subject to ongoing discussions and will be presented to committee as a late representation. 1.2 Amended drawings have been received to address the access and indicative layout, massing and scale and no. of units on the site.
1.3 The application site forms part of the wider International Sports Village site (ISV site) - a largely brownfield site in south Grangetown located between the River Ely and Cardiff Bay that has lapsed outline consent for leisure, retail, and housing uses.
1.4 The application is linked to 3 other residential applications: Cardiff Pointe (12/937DCI) for 561 market dwellings on the peninsula site; ISV Site 2 (12/934DCI) for 79 market dwellings on the adjacent peninsula site, and the Morrisons Site (12/935DCI) on vacant land located between Morrisons and Prospect place for 63 mainly affordable dwellings. The applications are linked by means of two legal agreements.
Layout and scale 1.5 Layout and scale are reserved matters however details of layout and massing have been provided to enable an assessment to be made of the capacity of the site to accommodate the number of units proposed, and the relationship of the proposed development to the flyover which defines the northern edge of the site.
1.6 The scheme comprises two apartment blocks arranged on either side of a proposed cycle/pedestrian route running through the centre of the site that will form part of the planned pedestrian link from the Pont-y-Werin footbridge to the ISV Waterfront site.
1.7 The taller 7 storey block is located 15m from the elevated Cogan Spur link road and is intended to act as a barrier block to the flyover. It returns at each end to enclose a large area of landscaped communal garden space on the west side of the pedestrian route. The southern return of the block steps down to 6 and then 5 storeys and the shorter northern return steps down to 6 storeys.
1.8 The units are essentially single aspect with balcony access on the elevation facing the Cogan Spur and habitable rooms with windows on to the enclosed courtyard.
1.9 The smaller block to the other side of the pedestrian route is 5 storeys high where it frames the main (pedestrian) entrance to the site and steps down to 4 storeys where it fronts Watkiss Way
1.10 Vehicular access to the parking area located beneath the flyover is from Watkiss Way immediately before passing under the flyover. There is also access to binstores at the southern end of the site.
Access and parking 1.11 A total of 50 parking spaces are provided on site in the form of surface parking located underneath the flyover. A covered bike store and binstores are also located in this area. Design Apartment blocks 1.12 The design and appearance of the buildings is a reserved matter however it is intended that the apartment blocks will be similar in design to those of the Cardiff Pointe proposals and make use of the same palette of materials, namely a consistent palette of buff brick facades and vertical fenestration with articulated set-back zinc clad upper storeys.
Waste management 1.13 The position of binstores is indicated on the site plan.
1.14 The following information is submitted: • Planning Supporting Statement • Design and Access Statement • Engineering Assessment containing Geotechnical and Geoenvironmental Review, Drainage Strategy, Flood Consequences Assessment and Acoustic Assessment. • Statement of Pre-Application Consultation • Waste Management Statement • Affordable Housing Delivery Statement • Transport Assessment and TA Addendum
1.15 The following additional supporting information has been submitted: • Noise Impact Assessment report, dated 16th August 2012 • Revised Affordable Housing Delivery Statement, dated December 2012
2. DESCRIPTION OF SITE
2.1 The 1.07ha application site is bounded by Watkiss Way to the south, by a large potential development site to the east that is in council ownership, and to the north it extends under the A4055 Cogan Spur flyover. The site is currently occupied by temporary ISV portakabin offices and an underground foul sewer pumping station and associated single storey superstructure. There is scope to relocate the superstructure. The pumping station and the flyover are significant constraints that shape the proposed layout – and specific conditions are attached to address these matters.
2.2 The flyover is approximately 10m above ground level at the northern corner of the site rising to approximately 13m above ground level at the western corner of the site.
2.3 To the south on the other side of Watkiss Way is the Victoria Wharf development, a series of apartment blocks fronting the River Ely that are between 7 and 10 storeys high. The block immediately to the north of the flyover is approx 10m away from the road at its closest point, the block to the south is approx 18m away from the road.
2.4 To the south of the site is the Cambrian Marina site that has resolution to grant planning permission for a high rise hotel and residential scheme. Next to this site is the Cardiff International White Water Centre. 2.5 The site is reasonably well served by public transport (bus services 7 and 9a) with bus stops within easy walking distance, and is located less than 100m from the Pont-Y-Werin footbridge to the south.
3. PLANNING HISTORY
3.1 Resolution to grant permission subject to legal agreement (07/1276C) in February 2008 to vary a number of conditions of outline planning permission 05/1574C. This increased the number of dwellings for the wider ISV site from 1127 to 1801. The S106 has not been signed and outline PP has not been issued.
3.2 Planning permission (05/1574C) granted October 2006 to vary a number of conditions of outline planning permission 05/615C. This increased the number of dwellings for the wider ISV site from 997 to 1127. The consent has lapsed.
3.3 Planning permission (05/615C) to vary a number of conditions of outline planning permission 01/2617R was granted in June 2005. The purpose of the application was to vary the conditions to ensure consistency with a new masterplan (the Carey-Jones Masterplan) for the wider ISV site which reflected the development proposals at that time. Outline consent was granted for 997 dwellings. The masterplan showed a mixed use development including commercial uses on the Morrisons site. This consent has lapsed.
3.4 Outline planning permission (01/2617R) for the wider ISV site (including the ISV Office site) was granted in February 2003. The application was supported by a masterplan for the wider area. The consent was for 751 dwellings.
Related Planning History
• 12/937DCI for 561 dwellings on the Grangetown Peninsula site (Cardiff Pointe) under consideration. • 12/934DCI for 79 dwellings on International Pool temporary car park site (ISV Site 2) under consideration. • 12/935 for 63 apartments on the land to the east of Morrisons on Ferry Road (ISV Morrisons site) under consideration.
4. POLICY FRAMEWORK
National policy 4.1 Planning Policy Wales Edition 5, 2012 (PPW) favours the sustainable re-use of previously developed land.
4.2 The following Technical Advice Notes (TANs) are relevant:
• TAN 2: Planning and Affordable Housing (2006) • TAN 11: Noise (1997) • TAN 12: Design (2009) • TAN18: Transport (2007) • TAN 22: Planning for Sustainable Buildings (2010) Local Policy South Glamorgan (Cardiff Area) Replacement Structure Plan (April 1997) 4.3 Policies EV1 Towards Sustainable Development; EV2 Urban regeneration; H1 New Dwelling Requirement; H5 Affordable Housing; H6 Community Facilities.
City of Cardiff Local Plan (1996) 4.4 The following Local Plan policies are relevant: • Policy 9 Development in areas at risk of flooding • Policy 10 Contaminated or unstable land • Policy 12 Energy efficient design • Policy 17 Parking and servicing facilities • Policy 18 Provision for cyclists • Policy 19 Provision for pedestrians • Policy 21 (18) Land for Housing, West of Ferry Road, Grangetown • Policy 31 Residential open space requirement
4.5 The Deposit Cardiff Unitary Development Plan (October 2003) includes the following relevant policies: • Policy 2.13 – Land at Ferry Road – Land at Ferry Road will be redeveloped for mixed use development including sports, leisure and residential uses, commercial uses necessary to secure the regeneration of the site and development of the sport and leisure facilities, and a public transport node/interchange. • Policy 2.26 Provision for open space, recreation and leisure • Policy 2.57 Access, circulation and parking requirements • Policy 2.61 Protection of water resources • Policy 2.62 Flood risk • Policy 2.63 Contaminated and unstable land • Policy 2.64 Air, noise and light pollution
4.6 The following Supplementary Planning Guidance (SPG) is of relevance: • Community Facilities and Residential Development (2007) • Developer Contributions for School Facilities (2007) • Open Space (2008) • Affordable Housing (2007) • Affordable Housing Delivery Statement (2010) (Interim Planning Policy) • Access, Circulation and Parking Requirements (2010) • Waste Collection and Storage Facilities (2007) • City Centre Strategy 2007 - 2010
5. INTERNAL CONSULTEE RESPONSES
Strategic Planning: 5.1 The regeneration of derelict land in Cardiff Bay for residential use is supported by policy and the application site forms part of the wider ISV peninsula site that already accommodates a range of uses, including residential. The residential element of the proposals therefore raises no land use policy concerns. The site was previously identified for development in earlier masterplans. Housing Strategy 5.2 Cardiff has a high housing need for affordable housing in the Grangetown area of the City. Data available from the Council’s current housing waiting list (September 2012) indicates there are 3,851 households waiting for a property in the Grangetown.
5.3 As the site is suitable for affordable housing, Housing Strategy would seek a 40% affordable housing contribution (319 units), which is in-line with the interim planning policy target in the Affordable Housing Delivery Statement (AHDS). The priority would be to deliver on-site affordable housing, in the form of intermediate rented accommodation.
5.4 Negotiations have taken place with the applicant to determine the level of affordable housing that can be provided on the site. Housing Strategy commissioned the District Valuer to undertake an independent economic viability assessment to determine the level of affordable housing that could be provided. The District Valuer’s assessment concluded that a 40% affordable housing contribution could be delivered on this scheme, on a NIL Social Housing Grant (SHG) basis.
5.5 Housing Strategy would accept the affordable housing provision on the following sites as providing 12.5% of the required contribution. This percentage is the equivalent of 100 units and is made up of units on the ISV Office site and the ISV Morrison's site. It has been agreed that 80 of the units will be delivered at a rent level of 80% Local Housing Allowance rate, and 20 units delivered at a rent level of 100% Local Housing Allowance rate. These two sites are currently in the ownership of the Council and an agreement has been reached with the applicant with regard to the sale of the sites. There is justification for accepting the affordable units on these sites as they are in the immediate vicinity of the Cardiff Pointe site, and will contribute to the development of the ISV area as a whole.
5.6 The applicant is proposing to deliver the affordable units on these 2 sites through a company called Bellerophon. The Bellerophon ‘model’ is different to the traditional method of delivery of affordable housing. Units are usually purchased by a Registered Social Landlord (Housing Association), who own and manage the units in perpetuity. They manage and maintain the properties and are regulated by the Welsh Government. The Bellerophon ‘model’ does not require a Registered Social Landlord (Housing Association) to purchase the units but to enter into a Full Repairing and Insuring (FRI) lease for a 35 year period.
5.7 This is a new method of delivering affordable housing. Housing Strategy have concerns about the Bellerophon ‘model’ and would seek assurances from Bellerophon and Greenbank as the applicant, that the model can deliver affordable units at the rent levels stated above for the 35 year lease period, and that the model should provide accommodation at these rent levels in perpetuity.
5.8 It is also important to specify that the management of these units must be provided by a Registered Social Landlord (RSL) with Welsh Government approved development status in Cardiff. It is imperative that Housing Strategy see confirmation of their agreement with the RSL to manage the affordable housing units through the Bellerophon ‘model’ before any planning permission is implemented. Housing Strategy’s preferred RSL delivery partner is United Welsh Housing Association.
5.9 Affordable Housing – Financial Contribution: Due to the exceptional nature of this scheme, Housing Strategy are willing to accept the remainder of the affordable housing contribution as a financial sum. This has been calculated on the basis 219 units, which is 27.5% of the required contribution and totals £7,927,100 (subject to paragraphs 8.8 to 8.14).
Parks Service 5.10 The Council’s Supplementary Planning Guidance - Open Space requires provision of a satisfactory level and standard of open space on all new housing developments, or an off-site contribution towards existing open space for smaller scale developments where new on-site provision is not applicable.
5.11 Currently the International Sports Village has no public open space provision despite a significant number of residential developments over the last few years. With the number of residential units set to rise markedly over the next 2-3 years a good size public open space, along with play facilities for younger and older children, and a MUGA will be required. This is particularly crucial due to the number of apartments being built with no private gardens for residents to use.
5.12 The nearest public open space offering informal recreation is Grangemoor Park and Ferry Road Nature Reserve. For formal recreation, play areas and a half MUGA the Marl is the main destination, which is some distance from the Sports Village.
5.13 Based on the information given, allowing for an occupancy rate of 143 the amount of on site public open space relating to the development would be 0.35 hectares. The amount of open space provided (approx. 0.2ha) is significantly less than this.
5.14 As insufficient public open space is being provided on-site, the developers are required to make a financial contribution towards the provision of open space off-site, or the improvement (including design and maintenance) of existing open space in the locality.
5.15 Based on the information given, allowing for an occupancy rate of 143, the contribution will be £137,817. The calculation is based on the Open Space SPG and different rates of POS contribution per hectare apply depending on the type of development. For housing, the rate is £381,166/hectare. For High Density Waterside Development the rate is £295,022/hectare.
5.16 For the purposes of the ISV the following assumption has been used in the calculations :
• Affordable Housing: 1 bed apartments (with 1-2 adult occupants) is waterside development not requiring play facilities. 2 bed or larger properties is housing development, potentially housing children, and therefore requiring play facilities
5.17 The public open spaces take the form of a large communal garden area facing south east and serving the larger barrier block and screened from the road by the block, and smaller communal garden areas serving the smaller block. Detailed comments are provided in the consultation response. Subject to discussions on detailed design and on adoption by the Council Parks raise no objection to the general layout and design.
5.18 However no details have been provided on the location of the MUGA and play area for older children. These are a requirement of Parks approval. The minimum requirement in terms of provision of equipped children’s play is a neighbourhood equipped play area (NEPA) catering for 4-8 year olds and for 8-14 year olds, and a multi-use games area (MUGA) as part of formal recreation. The 4-8 NEPA forms part of the ISV Site 2 application (12/934/DCI).
5.19 The extent to which the proposed open space on this site and the other three sites contributes towards informal recreational open space provision as defined by the SPG takes into account the extent of private and semi-private open space provided as part of the various applications, their waterside location, and the proposals coming forward for adjacent sites will need to be taken into account.
5.20 On this basis it is calculated that the on-site provision across the 4 sites makes up 50% of the required provision giving an off-site contribution of £620,000. It is intended that this off-site contribution would be used on the wider ISV site to provide other open space, landscape and recreational facilities. NB The financial contribution does not include for the provision of older childrens’ NEPA and MUGA which are to be provided on a site to be identified within the wider ISV area.
5.21 Community Infrastructure Levy (CIL) Regulation 122(2) states that a planning obligation may only constitute a reason for granting planning permission for the development if the obligation is:
a) necessary to make the development acceptable in planning terms b) directly related to the development c) fairly and reasonably related in scale and kind to the development
5.22 Necessary to make the development acceptable in planning terms: The Welsh Government supports the use of Supplementary Planning Guidance (SPG) to set out detailed guidance on the way in which development plan policies will be applied in particular circumstances or areas. The SPG must be consistent with development plan policies and national planning policy guidance. It may be taken into account as a material planning consideration in planning decisions. The SPG for Open Space was formally adopted by Council on 13th March 2008.
5.23 Under current policy the proposed development is subject to Policy 31 of the Local Plan (Provision of open space on new residential developments), which requires the provision of open space for recreational activity.
5.24 Open space provision on new housing development must meet the needs of future occupiers and the particular characteristics of the site. Where the density of redevelopment on a particular site does not allow for a satisfactory level of open space provision (2.43 hectares per 1000 projected population) then a developer shall provide an offsite financial contribution in lieu of open space. This contribution would be used toward the provision or improvement of existing open space in the locality of the site.
5.25 Directly related to the development: Demand for usage of the existing open spaces would increase in the locality as a result of the development and therefore the Council considers it appropriate that an off site contribution is made, calculated in accordance with the guidelines set out in the SPG.
5.26 The Public Open Space Contribution shall be used by the Council towards the design, improvement and/or maintenance of public open space within the locality of the development site. The closest areas of recreational open space are Grangemoor Park, Ferry Road Nature Reserve and The Marl.
5.27 Based on the 2009 Cardiff Council Open Space Survey the Grangetown ward, in which the development is situated, is deficient in opens space provision by 3.96 hectares (Measured by the Fields in Trust recommended standard of 2.43 hectares per 1000 population). The quality and facilities of existing open spaces also require improvement, with additional capacity to take into account the increased residential population resulting from the development.
5.28 The final decision on expenditure of the contribution at the time of receipt would be determined by the requirements for improving any individual open space in the locality at that time. This would involve local consultation with various parties and be subject to Member approval.
5.29 Fairly and reasonably related to it in scale and kind: Contributions towards open space provision are derived using a formula-based calculation which takes into account, amongst other things, the size of the residential development and the projected increase in population.
5.30 Design and layout of any new open space should be in accordance with the standards set out in the SPG. Adoption of any open space by the Council would be subject to a 25 year commuted maintenance sum following satisfactory completion of 1 years maintenance by the developer.
5.31 The presence of significant tree planting around the development is welcomed, and this should ensure a green backdrop to the buildings. Without a planting plan or knowledge of the species being used it is difficult to comment in detail. In order to prevent tree planting that will lead to future problems with shading and growth onto buildings it is essential that the trees are given sufficient space away from the buildings.
Neighbourhood Regeneration 5.32 Existing facilities in Grangetown are primarily concentrated in the central and northern part of the Ward. South Grangetown is currently not well provided for in terms of the number or quality of community facilities, and the significant growth in the population requires additional provision.
5.33 The plan showing the location of existing facilities demonstrates that the site is remote from the existing provision for communities and the issues affecting the ISV area in terms of connectivity further compound these problems. Those facilities that are within walkable distance of the site are specialist and do not cater for a broad community use.
5.34 The site is reasonably well located in terms of existing shopping facilities (in particular, Morrison’s supermarket and the Cardiff Bay Retail Park) and onsite retail provision would not be required.
5.35 The site is close to Penarth and with the recent development of the Pont-Y- Werin footbridge pedestrian access to Penarth is now enhanced. However, there is limited community facility provision in areas of Penarth nearest to the site. In addition, areas in Penarth with more plentiful community infrastructure are further away from the site and the steep incline towards the central area of the town might realistically restrict residents of Bay Pointe from using these facilities on a regular basis.
5.36 The SPG states that for larger residential developments (200 dwellings or more) there may be a requirement to allocate a site for a community facility in addition to providing financial contributions. Taking into account all four application sites (total 798 dwellings) in an area that has few neighbouring facilities and is remote from the community infrastructure elsewhere in the ward there is an absolute requirement for onsite community provision.
5.37 The community facility will have an internal gross floor-space of at least 325m2 and be designed to cater for a range of community-based social and leisure activities. It shall include, as a minimum, one main multi-purpose hall, with flexible partitioning to allow subdivision for smaller group activities, along with ancillary kitchen, toilet, storage and office spaces. It shall be constructed to a minimum of BREEAM ‘very good’ standard and be fully accessible for disabled users.
5.38 Potential locations are as part of the 982 sqm A1/D1 element on the main Cardiff Pointe site, or incorporated within the leisure component of the ISV Waterfront application. The latter has potential benefits in terms of operation and security of the facility if it was part of the facility management arrangements for a wider complex (for instance as part of the ice arena). It would however be reliant upon the leisure component being delivered. A fallback location within the wider ISV area would therefore need to be identified that could be provided in time to meet the needs of the new population.
Highways Development Control 5.39 The submission has been assessed and is considered acceptable in principle subject to the following comments, conditions and S106 matters:
5.40 Conditions:
• Standard cycle parking condition C3S for a minimum of one space per flat/apartment unit, to be under cover and secure; • Standard parking and manoeuvring condition E3D • Standard access junction condition C3F • Pedestrian crossing condition • Travel Plan condition • Construction management plan
5.41 The proposed parking provision is in-line with the limits identified in the adopted Access Circulation and Parking Standards SPG, and is therefore considered to be acceptable subject to the proposed conditions.
5.42 A new vehicle access/egress point to/from the site at Watkiss Way will be created, along with a new pedestrian and cycle accesses thru the site. The new cycle and pedestrian link is welcomed and will prove beneficial to both the existing and incoming residents and visitors alike, as well as helping to create a unified network across the wider ISV sites as a whole.
5.43 Second Recommendation: The access junction and highway works conditions and any other works to existing or proposed adopted public highway are to be subject to agreements under Section 278 and/or Section 38 of the Highways Act 1980 between the developer and Local Highway Authority.
Schools 5.44 For all 4 sites (798 dwellings) the Chief Schools Officer requests a financial contribution of £1,975,935 towards the improvement of local primary and secondary schools based on the number and type of dwellings proposed across and in accordance with the SPG Developer Contributions for School Facilities. This will be secured via a legal agreement on a pro rata basis for the two mixed tenure sites (12/932/DCI and 12/935/DCI).
Highways and Waste Management: 5.45 The Drainage Engineer has no objection subject to the conditions requested by the EA.
Ecology: 5.46 No objection.
Pollution Control (Noise and Air): 5.47 PC Noise objects on grounds of insufficient detail within the acoustic report to alleviate concerns relating to noise from the Cogan Spur flyover and from the pumping station which could have a detrimental effect on the amenity of future occupants of the proposed development. In particular, Pollution Control – Noise are concerned that part of the proposed site is predicted to fall into Noise Exposure Category D of TAN 11, where guidance advises that planning permission should normally be refused. Noise from the pumping station is also likely to lead to noise complaints from future occupiers.
5.48 PC Air are concerned that developments in the immediate area, including this one, could lead to increased road traffic on the network and that this could lead to increased concentrations of traffic-derived air pollution which could adversely impact on the health of existing and future residents. The Council has a statutory duty to assess air quality in its area and make measurements where concerns exist, and therefore requests a S106 contribution of £4,000 towards the monitoring of air pollution.
Pollution Control (Contaminated Land): 5.49 The Officer has reviewed the Arup Environmental Desk Study and Contamination Review. It is noted from the conclusions of the report that further investigation, risk assessment and remedial measures are required in order to ensure that the site can be developed on a suitable for use basis. It is my understanding from discussions held with the consultant acting on behalf of the developer that the further investigations have been completed and that they are currently drafting an updated risk assessment. However in the meantime it will be necessary to condition this development with the following conditions in order to ensure that all the necessary assessments and remediation requirements are undertaken:
• Land Contamination Risk Assessment: Prior to the commencement of the development an assessment of the nature and extent of contamination shall be submitted to and approved in writing by the Local Planning Authority. • Submission of Remediation Scheme and Verification Plan: Prior to the commencement of the development a detailed remediation scheme and verification plan to bring the site to a condition suitable for the intended use by removing any unacceptable risks to human health, controlled waters, buildings, other property and the natural and historical environment shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures. • Undertaking of Remediation and Issue of Verification Report: The remediation scheme as approved by the LPA must be fully undertaken in accordance with its terms prior to the occupation of any part of the development unless otherwise agreed in writing by the Local Planning Authority. • Identification of Unsuspected Contamination: In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing within 2 days to the Local Planning Authority, all associated works must stop, and no further development shall take place unless otherwise agreed in writing until a scheme to deal with the contamination found has been approved. • Post Remediation Monitoring Requirements: A monitoring scheme to include monitoring the long-term effectiveness of the proposed remediation over a period of 12 months (or another agreed timeframe), and the provision of reports on the same must be submitted to and approved by the Local Planning Authority, prior to the occupation of any approved building. • Ground Gas Assessment: Prior to the commencement of any development works a scheme to investigate and monitor the site for the presence of gases being generated at the site or land adjoining thereto, including a plan of the area to be monitored, shall be submitted to the Local Planning Authority for its approval. • Importation of Soils: Any topsoil [natural or manufactured],or subsoil, to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation which shall be submitted to and approved in writing by the Local Planning Authority in advance of its importation. • Importation of Aggregates: Any aggregate (other than virgin quarry stone) or recycled aggregate material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation which shall be submitted to and approved in writing by the Local Planning Authority in advance of its importation. • Use of Site Won Material: Any site won material including soils, aggregates, recycled materials shall be assessed for chemical or other potential contaminants in accordance with a sampling scheme which shall be submitted to and approved in writing by the Local Planning Authority in advance of the reuse of site won materials.
Waste Management: 5.50 The Sustainable Planning Officer raises a number of questions in relation to access for collection vehicles and location and adequacy of bin storage areas. The developer is referred to the requirements of the Waste Collection and Storage Facilities SPG.
6. EXTERNAL CONSULTEE RESPONSES
Design Commission for Wales 6.1 The DCfW acknowledged the site constraints and noted that siting, design and layout are reserved matters and offers the following observations:
• Layout to be improved to form a more effective buffer to road noise • Road space to be reduced
6.2 There was concern over the lack of a Masterplan for wider ISV site. It was suggested that the surface parking provision be reviewed to locate it underneath the building. 6.3 Welsh Water: Welsh Water have no objection subject to conditions on separate drainage, no drainage of surface water to the public sewer unless otherwise approved in writing by the LPA, no land drainage run-off to discharge to the public sewer, and provision of comprehensive drainage scheme for approval by LPA. This has been forwarded to the agent.
6.4 The Environment Agency: The EA has no objection to the above planning application as submitted, subject to conditions on flood risk, site drainage, and pollution prevention, as follows:
• Development to be carried out in accordance with the Flood Consequences Assessment (FCA) submitted by ARUPs and dated September 2011 which states that site levels are set no lower than 8.0m AOD. • A drainage scheme for foul and surface water drainage, including the installation of oil and petrol separators, be submitted for the approval of the LPA and implemented in accordance with the approved scheme; that SUDs techniques be promoted subject to an assessment of the use of soakaways or other infiltration methods on contaminated land; and that the development will require an Environmental Permit for discharge to water from the EA. • A construction method statement/environmental management plan to prevent pollution of the Bay/River Ely be submitted for the approval of the LPA and the works implemented in accordance with the approved method statement.
6.5 Police Architectural Liaison: South Wales Police have no objection. The Police Architectural Liaison Officer recommends that the development be built to Secured by Design standards, and recommends that consideration is given to providing perimeter security in the form of a 1.8m high fence.
7. REPRESENTATIONS
7.1 The proposals were advertised as a major application in the press and on site, and Local Members and neighbours were consulted. They were also reconsulted for a period of 14 days on the first amended scheme and 10 days on the second amended scheme. 16 letters of objection and a petition with 14 signatures have been received from neighbours, overwhelmingly from residents of Victoria Wharf.
7.2 Neighbours object primarily on grounds of insufficient parking provision, 100% affordable housing provision on the site leading to social problems, negative impact on property prices and character of the area, lack of open space/play areas and traffic congestion.
7.3 There is also 1 objection on grounds of loss of view and 1 objection on grounds of oversupply of apartments in the area.
7.4 Two of the objectors said they did not receive neighbour notification letters and requested a more widespread consultation. 8. ASSESSMENT
8.1 The main issues to be assessed are:
a. Is the proposed land use acceptable? b. Is layout, scale and design acceptable? c. Is affordable housing provision acceptable? d. Is open space provision, public realm and landscaping acceptable? e. Is community facilities provision acceptable? f. Is vehicle, cycle and pedestrian access, and parking provision acceptable?
a) Land Use 8.2 The residential use is acceptable and will assist in the provision of a mixed tenure sustainable neighbourhood.
b) Layout, scale and design 8.3 Layout: The site is constrained by the flyover and the water pumping station. The layout responds to these constraints by forming an essentially single aspect 7 storey barrier block that deals with the flyover and encloses a large area of south-facing garden and cycle pedestrian route that incorporates the underground pumping station.
8.4 The scale of the main block steps down to 6 and then 5 storeys and the smaller block to the other side of the pedestrian route is 5 storeys high where it frames the main (pedestrian) entrance to the site and steps down to 4 storeys where it fronts Watkiss Way.
8.5 Vehicular access to the parking area (50 spaces) located beneath the flyover is acceptable.
8.6 It should be noted that the proposals have reduced from 217 units to 95 units in order to provide adequate amenity for future residents and an acceptable density and layout/form.
8.7 Given the constraints of the site the indicative layout and scale of the proposals and proposed density (95 dph) are acceptable. No details of the design and external appearance of the building have been provided however the intention is to adopt the same approach as on the other sites which is acceptable.
c) Affordable Housing provision 8.8 The applicant has offered to make a 12.5% affordable housing provision on the two mixed tenure sites (100 units in total). He has further offered to make available the sum of eight million pounds as a contribution towards the cost of delivering a permanent ice rink. The sum offered is proportionate to the financial contribution which could have been required in relation to off-site affordable housing as referred to in the following paragraph 8.9
8.9 Due to the exceptional nature of the scheme (4 applications for total 798 dwellings) Housing Strategy accept 12.5% affordable housing provision on the 2 mixed tenure sites (100 units in total). The remainder of the affordable housing contribution calculated as a financial sum and on the basis of 219 units totals £7,927,100 (subject to paragraph 8.8).
8.10 The International Sports Village (ISV) has a long established background dating back to 2002 and beyond. Since this time key components of the scheme have been developed namely the International Pool, temporary ice rink, White Water Rafting Centre, surf rider facility (under construction) and the Pont-y-Werin footbridge. The ongoing regeneration of the ISV is a key objective of the Council as evidenced by the City Centre Strategy, the Corporate Plan and the emerging Local Development Plan.
8.11 In parallel with this current application a hybrid application (12/1861/DCI) has been submitted for a twin-pad ice arena and outline PP for a mixed use leisure development including 213 dwellings on ISV Waterfront site.
8.12 To enable this comprehensive redevelopment of the ISV to be realised it is recognised that there needs to be a viable economic basis for the scheme. In order to achieve this it is considered that the applicant’s offer in lieu of the full 40% on site affordable housing provision to make a significant off-site financial contribution for the ongoing and necessary wider regeneration of the ISV as contained in application 12/1861/DCI is acceptable. There are precedents at ISV for this approach and it is consistent with securing wider planning objectives of sustainable regeneration.
8.13 It is recommended therefore that the applicant’s offer to make available a financial sum to be used to part fund the delivery of the permanent ice arena be accepted. The contribution will be payable at an agreed date in conjunction with the letting of a construction contract following the granting of the hybrid application to enable the building of the arena.
8.14 The use of funds that would otherwise go towards the provision of affordable housing for wider regeneration purposes is in accordance with Affordable Housing SPG (2007) which refers to ‘Other planning requirements’ as follows:
‘Other Planning Requirements 3.10 In certain cases, a site may be assessed as appropriate for the provision of affordable housing, but there may be other planning requirements which the Council is pursuing which make provision on the site inappropriate. In such circumstances, other forms of provision would be appropriate (see paras. 4.4 to 4.6 – provision off-site and commuted payments in lieu of provision).
3.11 Whilst the provision of affordable housing will be balanced against other planning requirements, the need to provide affordable housing remains a primary objective of policy. This approach is supported by both Policy 24 of the Local Plan and by PPW. Where other planning obligations are offered or are sought by the Council, affordable housing requirements will normally still apply in full, though the Council may be prepared to negotiate to ensure total sought planning obligations are reasonable in scale.’
d) Open space provision, public realm and landscaping 8.15 Informal open space provision is in the form of a generous landscaped area enclosed by the barrier block facing south-east and with good access from the pedestrian route. Based on the Residential Design Guide SPG the minimum requirement for communal gardens for the number of apartments proposed is 975m2. The total proposed area of communal garden is approximately 2,000m2 which is acceptable. A play area for younger children is provided as part of the related Cardiff Pointe development.
8.16 Parks have no objection to the general arrangement of open space however the on-site recreational open space provision falls short of that required by the Open Space SPG for the number of dwellings, and no recreational facilities are provided for younger children.
8.17 The approach agreed with Parks is to secure for the 4 Cardiff Pointe applications the following minimum provision via a Section 106 legal agreement in the form of a UU:
• 1 neighbourhood equipped play area (NEPA) catering for 4-8 years old children as part of the ISV Site 2 development • 1 NEPA catering for 8-14 years old children (location within wider ISV site - to be decided) • 1 multi-use games area (MUGA) on a location within wider ISV site - to be decided, and • A financial contribution of £620,000 towards the provision of other open space, landscape and recreational facilities on the wider ISV site.
8.18 Subject to the above open space provision is acceptable.
e) Community facilities provision 8.19 No community facilities are provided as part of the proposals.
8.20 On the basis of the number of dwellings proposed across all 4 sites (798) and their location in an area that has few neighbouring community facilities and is remote from the community infrastructure elsewhere in the ward there is a requirement for onsite community provision.
8.21 Regeneration have requested on-site provision of a flexible community space of minimum 325 sqm, location to be agreed. Possible locations are as part of the allocated A1/D1 provision that forms part of the Cardiff Pointe 12/937/DCI application, or on another site within the wider ISV area.
f) Traffic impact, access and parking 8.22 A new vehicle access/egress point to/from the site at Watkiss Way will be created, along with a new pedestrian and cycle accesses through the site. The new cycle and pedestrian link is welcomed and will prove beneficial to both the existing and incoming residents and visitors alike, as well as helping to create a unified network across the wider ISV sites as a whole.
8.23 Pedestrian and cyclist access is acceptable subject to provision of a minimum 3.5m wide cycle/footway on Watkiss Way along the boundary of the site and the provision of crossing facilities between the site and the cycle/footway on the west side of Watkiss Way.
8.24 The site is located in the Central Area for the purposes of applying SPG minimum and maximum parking standards. The proposal is for 53% parking provision which complies with parking guidance for housing (whether market or affordable) in the Central Area (minimum 0; maximum 1 space per unit). There is no requirement for visitor parking. Parking provision is therefore acceptable.
8.25 NB The guidelines for affordable housing in non-central areas (i.e. those areas of the city where higher levels of car ownership are likely) specifies a minimum of 0.25 and a maximum of 1 space for 1 bedroom flats, and a minimum of 0.25 and a maximum of 2.0 for 2 bedroom flats. For market housing the minimum is 0.5 and a maximum of 1 space for 1 bedroom flats, and a minimum of 0.5 and a maximum of 2.0 for 2 bedroom flats. On this measure the minimum requirement for this mixed tenure site were it to be located outside the Central Area would be for 36 spaces.
Other matters 8.26 Noise: Pollution Control (Noise) object to the proposal on the grounds of insufficient detail within the acoustic reports to alleviate concerns relating to noise from the Cogan Spur flyover and from the pumping station which could have a detrimental effect on the amenity of future occupants of the proposed development.
8.27 The supplementary report concludes on the basis of a noise survey that the site falls on the boundary of Noise Exposure Category C and D. For NEC C sites TAN11 advises that PP should not normally be granted. Where it is considered that permission should be given conditions should be imposed to protect against noise. For NEC D sites TAN 11 advises that PP should normally be refused.
8.28 There is however extensive precedence for PP being granted for urban sites in noise exposure categories C and D, as is evident from the neighbouring Victoria Wharf development which shares a similar relationship in terms of proximity to the flyover.
8.29 Mitigation will be required to achieve suitable internal noise levels in habitable rooms. Internal planning of the barrier block so that habitable room windows are predominantly located on those sides of the building that do not face the flyover will assist in achieving such levels. In addition to this acoustic glazing and acoustically treated ventilation will be required.
8.30 Measured noise from the above-ground structure of the pumping station is 22dB above background noise level at night and complaints are likely. However the relocation and redesign of the pumping station superstructure provides an opportunity to reduce noise emissions further
8.31 In the light of the Noise Impact Assessment findings and the PC Noise objection a condition is attached requiring the submission of a more detailed acoustic report and mitigation scheme to deal with road noise and pumping station noise prior to the commencement of the development. Plant noise, road traffic noise and an odour assessment and mitigation scheme conditions are also attached.
8.32 Given that the application is in outline and the design is predicated on a barrier block, that there is precedent for development going ahead in such situations (e.g. the adjacent Victoria Wharf development), that the findings of the Noise Impact Assessment report conclude that both road and pumping station noise can be mitigated, that the standard Road Traffic Noise condition attached to the consent requires that internal noise levels meet the specified standard before beneficial occupation, and that the standard Plant Noise condition requires that noise from the pumping station (within Council control) is mitigated to a specified standard, it is considered on balance that there are insufficient grounds to warrant a refusal on noise grounds.
8.33 Air quality: A financial contribution towards the monitoring of air quality in the immediate area is secured via the s106 agreement
8.34 Neighbourhood Planning (Equality Impacts Officer) was consulted but provided no comments. The proposals have been assessed and it is considered that there are no adverse differential impacts arising from this development.
Representations 8.35 Insufficient notification: Site notices were put up around the site and the residents of the Victoria Wharf development adjacent to the site (Alexandria, Ravenswood and Beatrix Buildings) received neighbour notification letters in accordance with Council policy on publicity. In addition the proposals were advertised in the Press.
8.36 Insufficient parking: The no. of on-site parking spaces proposed meets policy guidelines. Transportation has no objection.
8.37 Location and distribution of affordable housing: Of the 4 ISV residential applications this site and the Morrisons Site on Ferry Road are mixed tenure. In the context of the wider ISV area the location and distribution of the affordable housing is acceptable to Housing Strategy.
8.38 The potential for anti-social behaviour and security risk arising from the introduction of affordable housing is not a planning matter:
8.39 Impact on property prices: Not a planning matter.
8.40 Lack of open space/play areas: Communal garden provision is acceptable. Recreational open space requirement will be secured through a legal agreement.
8.41 Lack of GP/Dentist facilities: The provision of a small GP facility as part of the Cardiff Pointe development is under discussion. The provision of an on-site community facility (location to be decided) forms part of the legal agreement for the 4 sites.
8.42 Loss of view: Loss of a view is not a planning matter.
8.43 Oversupply of apartments: Not a planning matter.
9. CONCLUSION
9.1 The proposals are acceptable in terms of land use, layout, scale, design, open space and community facilities provision, vehicular, cycle and pedestrian access, and parking provision.
9.2 The proposals for 95 mixed tenure apartments (a mix of 1 and 2 bedroom flats) will assist in creating a sustainable community on the Grangetown peninsula, and contribute towards the ongoing regeneration of Cardiff Bay.
9.3 The granting of planning permission is recommended subject to conditions and the signing of a Section 106 legal agreement for this site and the Morrisons site on Watkiss Way (12/935/DCI) that binds the owners to comply with the provisions relating to delivery of affordable housing at the two mixed tenure sites which are set out in the Cardiff Pointe legal agreement of even date, and secures the following:
• A financial contribution of £124,000 (being that part of the total financial contribution of £620,000 apportioned pro rata over the 2 sites) towards the provision/ improvement of off-site recreational open space on the peninsula area outside the site; • Financial contribution of £390,284 (being that part of the total financial contribution of £1,951,421 apportioned pro rata over the 2 sites) towards the improvement of local primary and secondary school facilities; • Financial contribution of £8,000 (being that part of the total financial contribution of £40,000 apportioned pro rata over the 2 sites) towards the provision of waste bins • Financial contribution of £6,000 towards the provision of air-monitoring equipment.
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