Penderfyniad Ar Yr Apêl Appeal Decision

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Penderfyniad ar yr Apêl Appeal Decision Gwrandawiad a gynhaliwyd ar 17/04/18 Hearing Held on 17/04/18 Ymweliad safle a wnaed ar 17/04/18 Site visit made on 17/04/18 gan Hywel Wyn Jones BA (Hons) BTP by Hywel Wyn Jones BA (Hons) BTP MRTPI MRTPI Arolygydd a benodir gan Weinidogion Cymru an Inspector appointed by the Welsh Ministers Dyddiad: 01.06.2018 Date: 01.06.2018

Appeal Ref: APP/Y6930/A/18/3194251 Site address: Land at Forge Washery, Lower Brynamman, SA18 1SW The Welsh Ministers have transferred the authority to decide this appeal to me as the appointed Inspector.  The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 for the development of land without complying with conditions subject to which a previous planning permission was granted.  The appeal is made by Tolkein Ltd against the decision of Neath Port Talbot County Borough Council.  The application (ref: P2017/0445), dated 26 April 2017, was refused by notice dated 19 February 2018.  The application sought planning permission for residential development and alterations to existing access without complying with a condition attached to planning permission (ref: P2008/0798), dated 25 August 2016.  The condition in dispute is No. 6 which states that the development shall be carried out in accordance with the stipulated plans and documents, as set out in full in Annex B to this decision.  The reason given for the condition is: For the avoidance of doubt as to the approved development and to accord with Circular 016.2014 on The Use of Planning Conditions for Development Management.

Decision

1. The appeal is allowed and outline planning permission is granted for residential development and alterations to existing access at Land at Forge Washery, Lower Brynamman, SA18 1SW in accordance with the application ref: P2017/0445, dated 26 April 2017, without compliance with condition number 6 previously imposed on planning permission Ref P2008/0798 dated 25 August 2016 and subject to the conditions set out in Annex A attached to this decision.

Procedural and Background Matters

2. At the hearing a local resident explained that the reference to Amman Road in the site address shown on the application form was incorrect. Accordingly, and to ensure consistency with the address used in previous decisions on the site, I have deleted the reference to it in the above address.

http://www.planning-inspectorate.gov.uk

Appeal Decision APP/Y6930/A/18/3194251

3. The appeal was lodged against the Authority’s failure to determine the application within the stipulated timescale. As the application was subsequently determined by the Council within the prescribed additional period set out in the relevant legislation1 I have determined the appeal as being against the refusal of the application.

4. The subject permission has been granted in outline for residential development and the improvement of the existing access road on an operational coal washery site. On appeal2 in September 2017 conditions 14 and 25 were removed from the permission and condition 26 modified.

5. The appellant company explains that since the grant of the outline planning permission it has realised that restrictive covenants prevent the implementation of the approved road access. Thus permission is sought to effectively substitute the approved road layout with a revised scheme by modifying the relevant condition. The section of road the subject of this appeal extends from the A4069 to the entrance to the washery site, and does not deal with the layout of the internal estate road.

Main Issue

6. The main issue is the effect on highway safety of varying the disputed condition to permit the proposed revised access road arrangement.

Reasons

7. The Council has 2 concerns regarding the road layout proposed. One relates to the width of a section of the road in terms of allowing larger vehicles from passing parked cars and the other relates to the visibility splays that would serve a junction on to the proposed access road.

8. The Council relies on ‘The Neath Port Talbot Guide To the Layout of Development Roads’. The document was produced and adopted by the former West Glamorgan County Council in 1994, but was subsequently also adopted by the successor Council in 2001. The Council undertook a public consultation on a new Guide during the summer of 2017 but as no decision has yet been made on whether to proceed to adopt that document, the Council relies on the earlier Guide. The Council explained that although it pre-dates the publication of Manual for Streets (MfS) and MfS2 there was considered to be significant commonality between the documents. However, where there were differences, the Council considered that the local Guide should be given the greater weight especially as there were concerns that the national documents did not take into account the particular topography of the area. It also maintained that the 5.5m width for residential roads set out in the Guide was the minimum which it considered acceptable in this instance.

9. The first of the Council’s concerns relates to a proposed narrower section of the road which would be at a point where the present parking of cars in association with the adjacent terrace of 3 houses is likely to continue. The presence of these vehicles on the proposed 4.8m wide carriageway would mean that the available width of the road would measure some 2.8m. The Council explained at the hearing that it had recently secured a fleet of refuse waggons that are larger than previously used and this was causing problems in passing through narrow streets, especially when restricted by the

1 The Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2015 2 APP/Y6930/A/17/3170318

Appeal Decision APP/Y6930/A/18/3194251

presence of parked cars. I was advised that these vehicles are 2.5m wide and with their projecting mirrors measure 2.95m in overall width.

10. Two potential means of widening this narrower part of the carriageway were discussed at the hearing. Firstly, as suggested by the appellant in advance of the event, the proposed 2m footway could be reduced to 1.8m, which would accord with the width of the approved layout. Secondly, it emerged at the hearing that there was a strip of some 0.5m to 0.6m available along the south side of the carriageway which could be utilised, at least in part, to provide an overrun area for the widest vehicles to pass parked vehicles. It was agreed by the main parties that the precise details of how this modest widening could be achieved could be subject to discussions as part of the required detailed design work. I consider such a requirement to be a reasonable one in the circumstances. In light of the advice in MfS and MfS2 I am satisfied that subject to this modest alteration that the layout of the road would ensure that it would effectively serve the proposed development, and that its narrowing would encourage lower traffic speeds than the previously approved scheme.

11. I now turn to the visibility splay along the proposed access that would be available for drivers emerging from the lane that serves half a dozen or so residences. The submitted scheme showed a visibility of 20m along the nearside of the carriageway from a 2m set-back. At the hearing the appellant confirmed that following further investigation and negotiation with land owners it was possible to provide larger visibility splays of 33m along the nearside carriageway from a set-back of 2.4m3. This would be less than the distance set out in Annex B to Technical Advice Note 18: Transport. However, given the low volumes of traffic that would be using this junction, the low traffic speeds along the estate road that would arise in response to appropriate traffic calming measures I consider that this arrangement would be appropriate, having regard to the advice in MfS and MfS2.

12. The revised scheme proposes that the final section of the footway would run along the southern side of the access road before connecting to the paved area serving the war memorial fronting the main road. In response to the concerns raised by Mr Humphreys regarding the present surfacing of this area and the high kerb stones, both the appellant and Council confirmed that such detailed matters would be considered as part of the Road Safety Audit (RSA) to ensure the safety of all users of this route, including the pedestrian crossing of the main road.

13. On the main issue I conclude that the modification of the condition to revise the proposed road access layout would not be detrimental to highway safety. Thus there is no conflict with policies SP20, TR2 or BE1 of the Neath Port Talbot Local Development Plan.

Conditions

14. I have considered the conditions suggested by the Council and discussed at the hearing in the light of Circular 016/2014: The Use of Planning Conditions for Development Management.

15. As I have found the revised scheme acceptable it is necessary to make reference to the relevant drawings in a modification to condition 6 of the original permission. In accordance with that agreed at the hearing I have added the sheet numbers to the

3 The achievement of this visibility splay would require a suitable alignment of the estate road within the main part of the site, which has not yet been designed.

Appeal Decision APP/Y6930/A/18/3194251

drawing reference numbers in the interests of precision. It was also agreed that the condition should refer to the latest Stage 1 RSA Audit which is dated July 2017.

16. The Council also suggested the imposition of 4 other conditions in its statement of case. At the hearing the Council accepted that a condition (No. 30) requiring base wearing course to be laid in advance of occupation of the first dwelling was unreasonable given the extent to which construction traffic would be using the road to complete the remainder of the development. It was agreed that the wording used in the previously imposed condition dealing with this (No. 20) should be amended to deal with the provision and surfacing of the road.

17. For reasons I have already explained I consider that a condition requiring traffic calming measures to be included in the final road design is necessary to achieve the 20mph environment that the appellant seeks. I have also explained that modest widening of the road along its narrowest section would avoid the potential difficulties identified by the Council. A condition to ensure that this is provided is therefore necessary. It has been worded in a way discussed at the hearing which allows flexibility in terms of how this is achieved. In the interests of precision, I have stipulated that the width of the carriageway shall be a minimum of 5m.

18. Given my above findings on the width of the access road, there is no requirement to impose the suggested conditions that would require the provision of off-street parking facilities and prohibit on street parking.

19. As the permission granted is the subject of a deemed condition by virtue of Section 71ZB of the 1990 Act an explicit condition requiring the display of a notice on the site during the construction period is not necessary but have added a Note to explain the requirement. I have adopted the wording of the model conditions in Circular 16/2014 in relation to those dealing with reserved matters and time limits. The other conditions which have been suggested by the Council are the same as imposed on the previous permission.

Conclusions

20. For the above reasons I consider that the appeal should be allowed and planning permission granted.

21. In reaching my decision, I have taken into account the requirements of sections 3 and 5 of the Well Being of Future Generations (Wales) Act 2015. I consider that this decision is in accordance with the Act’s sustainable development principle through its contribution towards the Welsh Ministers’ well-being objective of supporting safe, cohesive and resilient communities.

Hywel Wyn Jones

INSPECTOR

Appeal Decision APP/Y6930/A/18/3194251

APPEARANCES

FOR THE APPELLANT:

Graham Sansom BA (Hons) MTCP Agent

Luke Grattarola BA (Hons) Agent - planning

Neil Buckman BSc MIHT Agent - transportation

FOR THE LOCAL PLANNING AUTHORITY:

Nicola Lake BA (Hons) DipTP MRTPI Team Leader, Development Management

David Adlam MSc FIHE Highway Development Control Manager

INTERESTED PERSONS:

J B Humphreys Local resident

DOCUMENTS

1 Notification of hearing

2 LDP Policy SP20

3 The Neath Port Talbot Guide to the Layout of Development Roads

4 Drawing SAV2

Annex A

Schedule of Conditions 1) Details of the appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved. 2) Any application for approval of the reserved matters shall be made to the local planning authority not later than three years from the date of this permission. 3) The development shall begin either before the expiration of five years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

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4) The development shall be carried out in accordance with the following plans and documents:  Location Plan (SAV1)  Red and blue line plan (SAV 2)  Revised Access Proposal- General arrangement –VC8596.00, R6, Sheet No. 03  Revised access proposal boundary plan – VC8596.00, R2, Sheet No. 05  Revised access proposal cross section- VC8596.00, R4, Sheet No. 06  Extent of Works - CSA95SK03  Environmental Report -Blandford Consulting (June 2005)  Welsh Language Impact Assessment (Oct 2008)  Letter dated July 13th 2016 from Geraint John detailing Welsh Language mitigation.  Viability Report - Savills (Feb 2011)  Stage 1 Road Safety Audit (July 2017)  Foundation and Highway Construction Appraisal - Austin Partnership (17/4/13)  Access Statement - Savills (May 2008)  Planning Statement - Savills (May 2008)  Flood Consequences Assessment (Oct 2015)  Archaeology Assessment and Site Visit - Archaeology Wales -Dec 2013  Archaeology Evaluation - Archaeology Wales Sept 2014 5) As part of the submission of the first reserved matters application full details of the existing and proposed ground levels across the whole of the site shall be submitted to and approved in writing by the Local Planning Authority. The submitted scheme shall ensure that the ground levels are raised to the maximum water level identified in the Flood Consequences Assessment (FCA) which accompanies the application. The development shall be carried out in accordance with the approved details. 6) As part of the first reserved matters application full details of the proposed open space provision at the site, including details of the timing of such provision, shall be submitted to and approved in writing by the Local Planning Authority, and the public open space shall thereafter be provided and retained in accordance with the agreed details. 7) As part of the first reserved matters application, full details of hard and soft landscaping schemes for the landscaping of all public landscape areas, other than small privately owned domestic gardens, shall be submitted to and approved in writing by the Local Planning Authority. The submitted planting schemes shall include: i) indications of all existing trees and hedgerows on the land, and details of any to be retained, taking into account potential growth, together with measures for their protection in the course of development; ii) a statement setting out the design objectives and how these will be delivered;

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iii) hard surfacing materials and designs; iv) details of the design and location of minor artefacts and structures including street furniture, public refuse bins, highway grit bins for development access road and footpaths; v) planting schemes including species, planting densities and sizes at time of planting, including wildlife friendly species and those that will promote habitat creation. The approved landscaping schemes shall be fully implemented within the first planting season following completion of the development, any trees or plants which within a period of five years from the completion of the residential development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and the same species, unless the Local Planning Authority gives written consent to any variation. 8) As part of the submission of the first reserved matters application details of a Landscape Management Plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas including highway verge areas and public open spaces other than privately owned domestic gardens, shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of any of the dwellings on the site. The landscape management plan shall be carried out as approved. 9) As part of the first reserved matters application a scheme to address the impacts upon the Welsh Language shall be submitted to and approved in writing by the Local Planning Authority. The details shall be based upon the recommendations set out in the letter from GJ Planning dated 13th July 2016. The scheme as approved shall be fully implemented prior to the first beneficial use of any dwelling, or any other timeframe as approved as part of the scheme. 10) No development approved by this permission shall commence until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which shall be submitted by the applicant and approved by the Local Planning Authority. The programme and scheme shall be fully implemented as defined in the approved details. 11) No development shall commence on site, including vegetation or debris clearance works, until a method statement for the protection of reptiles has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented as approved. 12) As part of the first reserved matters application a scheme which makes provision for a cycleway linking the application site to the existing footbridge shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the first beneficial use of any dwelling, or any other timeframe as approved as part of the scheme. 13) Prior to the commencement of work on site a scheme to assess the nature and extent of any contamination on the site, and confirmation of whether or not it originates on the site shall be submitted to and agreed in writing with the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons in accordance with the following document:- Land Contamination: A Guide for Developers (WLGA, WAG & EAW, July 2006) and shall be submitted as a written report which shall include:

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i) 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. The desk study shall establish a ‘conceptual site model’ (CSM) identifying all plausible pollutant linkages to be assessed. ii) a survey of the extent, scale and nature of contamination; iii) an assessment of the potential risks to:  human health,  ground waters and surface waters  adjoining land,  property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes,  ecological systems,  archaeological sites and ancient monuments; iv) an appraisal of remedial options, and proposal of the preferred remedial option(s). 14) Prior to the commencement of work on site a remediation scheme to bring the site to a condition suitable for the intended use by removing any unacceptable risks to human health, buildings, other property and the natural and historical environment shall be prepared and submitted to and agreed in writing with the Local Planning Authority. The scheme shall include all works to be undertaken, proposed remediation objectives, remediation criteria and site management procedures. The measures proposed within the remediation scheme shall be implemented in accordance with an agreed programme of works. 15) Prior to first beneficial occupation of any dwelling hereby permitted, a verification report which demonstrates the effectiveness of the agreed remediation works carried out in accordance with condition 14 shall be submitted to and agreed in writing with the Local Planning Authority. 16) Prior to first beneficial occupation of any dwelling hereby permitted, artificial nesting sites for birds within the site/on the buildings shall be provided in accordance with a scheme which shall first have been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall thereafter be retained on site. 17) Prior to the first occupation of any dwelling the access road shall be constructed to base course level (and the footpath to wearing course) including details of drainage, street lighting and signage in accordance with a scheme which has first been submitted to and approved in writing by the Local Planning Authority. Prior to the first occupation of the final dwelling the road shall be finished to wearing course. 18) Prior to commencement of any works at the junction a Stage 2 Road Safety Audit for the works to the junction shall be submitted to and approved in writing by the Local Planning Authority, and any items raised in the approved stage 2 Road Safety Audit shall be fully implemented on site as part of the junction improvement works. On completion of the approved junction works a stage 3 Road Safety Audit shall be undertaken in accordance with the Design Manual for Roads and Bridges Volume 5, Section 2, Part 2, HD 19/15, the findings together with proposed schedule of works shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be fully implemented on site prior to the occupation of the first approved dwelling. In accordance with

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the Design Manual for Roads and Bridges Volume 5, Section 2, Part 2, HD 19/15 and within 12 months from the date of the occupation of the first dwelling a Stage 4 Road Safety Audit shall be undertaken and any matters raised to be undertaken on site shall be submitted to and approved in writing by the Local Planning Authority. An approved works shall be fully implemented on site prior to the expiry of 3 months from the date of the approval of the Stage 4 Road Safety Audit details. 19) As part of the first reserved matters application a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water and land drainage will be dealt with, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be informed by an assessment which shall be carried out of the site potential for disposing of surface water by means of a sustainable drainage system, with the results of the assessment provided to the Local Planning Authority. Where a sustainable drainage scheme is to be provided, the submitted details shall: i) provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; ii) include a period for its implementation; and iii) provide a management and maintenance plan of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. The scheme as agreed shall be fully implemented prior to the first beneficial use of the development. 20) No development shall commence, including any works of demolition, until a Construction Method Statement has been submitted to and approved in writing by the local planning Authority. The approved statement shall be adhered to throughout the construction period. The statement shall provide for: i) the parking of vehicles of site operatives and visitors ii) loading and unloading of plant and materials, and the routing of construction and delivery vehicles iii) storage of plant and materials used in constructing the development iv) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate v) wheel washing facilities vi) measures to control the emission of dust and dirt during construction vii) a scheme for recycling/disposing of waste resulting from demolition and construction works viii) scheme for the erection of temporary/semi temporary signage warning drivers of the presence of children and speed restrictions ix) a demolition method statement including mitigation measures to minimise the impacts of the demolition upon noise and nuisance to adjoining properties. The approved statement, schemes and mitigation shall be adhered to throughout the demolition and construction period of the development.

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21) There must be no interference, alteration or diversion of any ditch, watercourse, stream or culvert crossing or bordering the site. Any drainage pipe, highway drain or highway run-off entering, crossing or discharging into the development site must be accommodated into the site development works by the developer. No buildings shall be erected over or within the safety zone of any culvert or watercourse. 22) A 7 metre vegetated buffer zone shall be maintained between the development and the riverbank, within which, other than for the construction of the cycle link required by condition 12, no development or vegetation clearance shall take place. 23) Foul water and surface water discharges must be drained separately from the site. 24) No surface water and land drainage run-off shall be allowed to connect/discharge (either directly or indirectly) to the public sewerage system. 25) Notwithstanding the information shown on the approved drawings the existing minor junction leading to Cwm Amman Farm onto the access road shall have a minimum visibility splay of 2.4m x 33m in either direction. This splay shall be constructed as such prior to any other work commencing on site. 26) Prior to the commencement of development a scheme of traffic calming measures shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the first occupation of the first dwelling to be completed. 27) Notwithstanding the information shown on the approved drawings the narrowest section of the road shall provide a minimum carriageway width of 5m in accordance with detailed drawings which shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The work shall be undertaken in accordance with those approved details.

Note: This permission is subject to a deemed condition under section 71ZB of The Town and Country Planning Act 1990 (as amended) which imposes a duty on the developer to display a copy of the decision to grant permission at all times while the development is carried out, in accordance with details set out in Article 24B and Schedule 5B of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 (or any order revoking and re-enacting that Order with or without modification).

Annex B

Disputed Condition

6) The development shall be carried out in accordance with the following plans and documents:

Location Plan (SAV1)

Red and blue line plan (SAV 2)

Revised Access Proposal General Arrangement Plan, Opus, V-C8596.00/03/R5

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Extent of Works - CSA95SK03 Environmental Report -Blandford Consulting (June 2005)

Welsh Language Impact Assessment (Oct 2008) Letter dated July 13th 2016 from Geraint John detailing Welsh Language mitigation.

Viability Report - Savills (Feb 2011)

Stage 1 Road Safety Audit (Jan 2008)

Foundation and Highway Construction Appraisal - Austin Partnership (17/4/13)

Access Statement - Savills (May 2008)

Planning Statement - Savills (May 2008)

Flood Consequences Assessment (Oct 2015)

Archaeology Assessment and Site Visit - Archaeology Wales -Dec 2013

Archaeology Evaluation - Archaeology Wales Sept 2014