Report Delegated

Part 1

Date: 30th July 2015

Subject Planning Decision Schedule

Purpose To notify Members of decisions made on Planning Applications

Author Head of Regeneration, Investment and Housing

Ward As indicated on the schedule

Summary The Head of Regeneration, Investment and Housing has delegated powers to determine planning applications in accordance with the Council’s Scheme of Delegation. The schedule attached details decisions made during the week up to 30th July 2015

This report details planning decisions already taken and is provided for information purposes. The reports contained in this schedule assess the proposed development against relevant planning policy and other material planning considerations, and take into consideration all consultation responses received.

The decisions made are expected to benefit the City and its communities by allowing good quality development in the right locations and resisting inappropriate or poor quality development in the wrong locations.

Proposal To issue Decision Notices as shown on the attached schedule

Action by Head of Regeneration, Investment and Housing

Timetable Immediate

This report was prepared after consultation with:

. Local Residents . Members . Statutory Consultees

The decisions detailed in this report were made following consultation as set out in the Council’s approved policy on planning consultation and in accordance with legal requirements.

Signed Background

Applications can be granted subject to planning conditions. Conditions must meet all of the following criteria:  Necessary;  Relevant to planning legislation (i.e. a planning consideration);  Relevant to the proposed development in question;  Precise;  Enforceable; and  Reasonable in all other respects.

Applications can be granted subject to a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended). This secures planning obligations to offset the impacts of the proposed development. However, in order for these planning obligations to be lawful, they must meet all of the following criteria:  Necessary to make the development acceptable in planning terms;  Directly related to the development; and  Fairly and reasonably related in scale and kind to the development.

The applicant has a statutory right of appeal against the refusal of permission in most cases. There is no third party right of appeal against a decision.

Work is carried out by existing staff and there are no staffing issues. It is sometimes necessary to employ a Barrister to act on the Council’s behalf in defending decisions at planning appeals. This cost is met by existing budgets.

Where applicable as planning considerations, specific issues relating to sustainability and environmental issues, equalities impact and crime prevention impact of each proposed development are addressed in the relevant report in the attached schedule.

Financial Summary

The cost of determining planning applications and defending decisions at any subsequent appeal is met by existing budgets and partially offset by statutory planning application fees. Costs can be awarded against the Council at an appeal if the Council has acted unreasonably and/or cannot defend its decisions. Similarly, costs can be awarded in the Council’s favour if an appellant has acted unreasonably and/or cannot substantiate their grounds of appeal

Risks

Three risks are identified in relating to the determination of planning applications by Planning Committee: decisions being overturned at appeal; appeals being lodged for failing to determine applications within the statutory time period; and judicial review.

An appeal can be lodged by the applicant if permission is refused or if conditions are imposed. Costs can be awarded against the Council if decisions cannot be defended as reasonable, or if it behaves unreasonably during the appeal process, for example by not submitting required documents within required timescales. Conversely, costs can be awarded in the Council’s favour if the appellant cannot defend their argument or behaves unreasonably.

An appeal can also be lodged by the applicant if the application is not determined within the statutory time period. However, with the type of major development being presented to the Planning Committee, which often requires a Section 106 agreement, it is unlikely that the application will be determined within the statutory time period. Appeals against non-determination are rare due to the further delay in receiving an appeal decision: it is generally quicker for applicants to wait for the Planning Authority to determine the application. Costs could only be awarded against the Council if it is found to have acted unreasonably. Determination of an application would only be delayed for good reason, such as resolving an objection or negotiating improvements or Section 106 contributions, and so the risk of a costs award is low.

A decision can be challenged in the Courts via a judicial review where an interested party is dissatisfied with the way the planning system has worked or how a Council has made a planning decision. A judicial review can be lodged if a decision has been made without taking into account a relevant planning consideration, if a decision is made taking into account an irrelevant consideration, or if the decision is irrational or perverse. If the Council loses the judicial review, it is at risk of having to pay the claimant’s full costs in bringing the challenge, in addition to the Council’s own costs in defending its decision. In the event of a successful challenge, the planning permission would normally be quashed and remitted back to the Council for reconsideration. If the Council wins, its costs would normally be met by the claimant who brought the unsuccessful challenge. Defending judicial reviews involves considerable officer time, legal advice, and instructing a barrister, and is a very expensive process. In addition to the financial implications, the Council’s reputation may be harmed.

Mitigation measures to reduce risk are detailed in the table below. The probability of these risks occurring is considered to be low due to the mitigation measures, however the costs associated with a public inquiry and judicial review can be high.

Risk Impact of Probability What is the Council doing or Who is risk if it of risk what has it done to avoid the responsible occurs* occurring risk or reduce its effect? for dealing (H/M/L) (H/M/L) with the risk? Decisions M L Ensure reasons for refusal can Development challenged at be defended at appeal. Services appeal and Manager costs awarded against the Ensure planning conditions Development Council. imposed meet the tests set out Services in Circular 016/2014. Manager

Provide guidance to Planning Development Committee regarding relevant Services material planning Manager and considerations, conditions and Senior Legal reasons for refusal. Officer

Ensure appeal timetables are Development adhered to. Services Manager

Appeal lodged M L Avoid delaying the Development against non- determination of applications Services determination, unreasonably. Manager with costs awarded against the Council

Judicial review H L Ensure sound and rational Development successful decisions are made. Services with costs Manager Risk Impact of Probability What is the Council doing or Who is risk if it of risk what has it done to avoid the responsible occurs* occurring risk or reduce its effect? for dealing (H/M/L) (H/M/L) with the risk? awarded against the Council

* Taking account of proposed mitigation measures

Links to Council Policies and Priorities

The Council’s Corporate Plan 2012-2017 identifies five corporate aims: being a Caring City; a Fairer City; A Learning and Working City; A Greener and Healthier City; and a Safer City. Key priority outcomes include ensuring people live in sustainable communities; enabling people to lead independent lives; ensuring decisions are fair; improving the life-chances of children and young people; creating a strong and confident local economy; improving the attractiveness of the City; promoting environmental sustainability; ensuring people live in safe and inclusive communities; and making Newport a vibrant and welcoming place to visit and enjoy.

Through development management decisions, good quality development is encouraged and the wrong development in the wrong places is resisted. Planning decisions can therefore contribute directly and indirectly to these priority outcomes by helping to deliver sustainable communities and affordable housing; allowing adaptations to allow people to remain in their homes; improving energy efficiency standards; securing appropriate Planning Contributions to offset the demands of new development to enable the expansion and improvement of our schools and leisure facilities; enabling economic recovery, tourism and job creation; tackling dangerous structures and unsightly land and buildings; bringing empty properties back into use; and ensuring high quality ‘place- making’.

The Corporate Plan links to other strategies and plans, the main ones being:  Single Integrated Plan;  Newport Local Development Plan 2011-2026 (Adopted January 2015)

The Newport Single Integrated Plan (SIP) is the defining statement of strategic planning intent for the next 3 years. It identifies key priorities for improving the City. Its vision is: “Working together to create a proud and prosperous City with opportunities for all”

The Single Integrated Plan has six priority themes, which are: • Skills and Work • Economic Opportunity • Health and Wellbeing • Safe and Cohesive Communities • City Centre • Alcohol and Substance Misuse

Under Section 38(6) of the Planning and Compulsory Purchase Act 2004 all planning applications must be determined in accordance with the Newport Unitary Development Plan (Adopted May 2006) unless material considerations indicate otherwise. Planning decisions are therefore based primarily on this core Council policy.

Options Available Not applicable. This report details decisions already made under delegated powers.

Preferred Option and Why Not applicable. This report details decisions already made under delegated powers.

Comments of Chief Financial Officer In the normal course of events, there should be no specific financial implications arising from the determination of planning applications. There is a risk of decisions being challenged at appeal. The costs of defending decisions and any award of costs must be met by existing budgets.

Comments of Monitoring Officer There are no legal implications as the Reports are for information only and the decisions have already been taken in accordance with the officer scheme of delegation.

Staffing Implications: Comments of Head of People and Business Change Development Management work is undertaken by an in-house team and therefore there are no staffing implications arising from this report. Officer recommendations have been based on adopted planning policy which aligns with the Single Integrated Plan and the Council’s Corporate Plan objectives.

Local issues Ward Members were notified of planning applications in accordance with the Council’s adopted policy on planning consultation. Any comments made regarding a specific planning application are recorded in the report in the attached schedule

Equalities Impact Assessment The Equality Act 2010 contains a Public Sector Equality Duty which came into force on 06 April 2011. The Act identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership. The new single duty aims to integrate consideration of equality and good relations into the regular business of public authorities. Compliance with the duty is a legal obligation and is intended to result in better informed decision-making and policy development and services that are more effective for users. In exercising its functions, the Council must have due regard to the need to: eliminate unlawful discrimination, harassment, victimisation and other conduct that is prohibited by the Act; advance equality of opportunity between persons who share a protected characteristic and those who do not; and foster good relations between persons who share a protected characteristic and those who do not. The Act is not overly prescriptive about the approach a public authority should take to ensure due regard, although it does set out that due regard to advancing equality involves: removing or minimising disadvantages suffered by people due to their protected characteristics; taking steps to meet the needs of people from protected groups where these differ from the need of other people; and encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

An Equality Impact Assessment for delivery of the Development Management service has been completed and can be viewed on the Council’s website.

Children and Families (Wales) Measure Although no targeted consultation takes place specifically aimed at children and young people, consultation on planning applications and appeals is open to all of our citizens regardless of their age. Depending on the scale of the proposed development, applications are publicised via letters to neighbouring occupiers, site notices, press notices and/or social media. People replying to consultations are not required to provide their age or any other personal data, and therefore this data is not held or recorded in any way, and responses are not separated out by age.

Consultation Comments received from wider consultation, including comments from elected members, are detailed in each application report in the attached schedule.

Background Papers NATIONAL POLICY Planning Policy Wales (PPW) Edition 7 (July 2014) Minerals Planning Policy Wales (December 2000)

PPW Technical Advice Notes (TAN): TAN 1: Joint Housing Land Availability Studies (2006) TAN 2: Planning and Affordable Housing (2006) TAN 3: Simplified Planning Zones (1996) TAN 4: Retailing and Town Centres (1996) TAN 5: Nature Conservation and Planning (2009) TAN 6: Planning for Sustainable Rural Communities (2010) TAN 7: Outdoor Advertisement Control (1996) TAN 8: Renewable Energy (2005) TAN 9: Enforcement of Planning Control (1997) TAN 10: Tree Preservation Orders (1997) TAN 11: Noise (1997) TAN 12: Design (2014) TAN 13: Tourism (1997) TAN 14: Coastal Planning (1998) TAN 15: Development and Flood Risk (2004) TAN 16: Sport, Recreation and Open Space (2009) TAN 18: Transport (2007) TAN 19: Telecommunications (2002) TAN 20: The Welsh Language: Unitary Development Plans and Planning Control (2013) TAN 21: Waste (2014) TAN 23: Economic Development (2014)

Minerals Technical Advice Note (MTAN) Wales 1: Aggregates (30 March 2004) Minerals Technical Advice Note (MTAN) Wales 2: Coal (20 January 2009)

Welsh Government Circular 016/2014 on planning conditions

LOCAL POLICY Newport Local Development Plan (LDP) 2011-2026 (Adopted January 2015)

OTHER The Colliers International Retail Study (July 2010) is not adopted policy but is a material consideration in making planning decisions.

The Economic Development Strategy is a material planning consideration.

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area.

The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 as amended by the Town and Country Planning (Environmental Impact Assessment) (Amendment) (Wales) Regulations 2008 are relevant to the recommendations made.

Other documents and plans relevant to specific planning applications are detailed at the end of each application report in the attached schedule

Dated: 30th July 2015

APPLICATION DETAILS

No:1 15/0533 Ward: ALLT-YR-YN

Type: TREE PRESERVATION ORDERS

Expiry Date: 26-JUL-2015

Applicant: K MARTIN

Site: ST BRIAVELS COACH HOUSE, 59A, FIELDS PARK ROAD, NEWPORT, NP20 5BH

Proposal: WORKS TO TREES T1 TO T10 AND G1 AND G2 COVERED BY TPO 6/82AND 4/96

DECISION: GRANTED WITH CONDITIONS

1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE (TREE OFFICER: TPOs AND PRIVATE LAND): No objection.

3. REPRESENTATIONS 3.1 NEIGHBOURS: All neighbours with a common boundary were consulted (14no. properties) and a site notice was displayed. No response received.

3.2 WILDLIFE IN NEWPORT GROUP: No response received.

4. RELEVANT SITE HISTORY None.

5. ASSESSMENT 5.1 The application relates to various works to protected trees.

5.2 A comprehensive tree report was submitted by a competent Tree Consultant and this is dated April 2015. This was as a result of meeting the applicant on site and discussing the condition of the trees.

5.3 The recommendations are minimal and are the result of a tree inspection.

5.4 All the requested work is in line with proactive tree maintenance and it will allow the trees to form better canopies and thereby have a much better life expectancy.

5.5 Therefore the Councils Tree Officer (TPOS and Private land) has no objection the proposals.

6. OTHER CONSIDERATIONS 6.1. Crime and Disorder Act 1988 Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2. Equality Act 2010 The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3. Having due regard to advancing equality involves:  Removing or minimising disadvantages suffered by people due to their protected characteristics;  Taking steps to meet the needs of people from protected groups where these differ from the need of other people; and  Encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4. The above duty has been given due consideration in the determination of this application. It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7.0 CONCLUSION 7.1. The application is granted subject to the following condition.

8.0 DECISION

GRANTED WITH CONDITIONS

01 The extent of the work hereby approved shall be agreed on site by the Council's Woodland Officer prior to any works to the trees commencing. Reason: In the interests of the health and longevity of the tree and preserving its amenity value.

NOTE TO APPLICANT

01 This decision relates to the Plan received on 01 June 2015.

APPLICATION DETAILS

No:2 15/0689 Ward: ALLT-YR-YN

Type: DISCHARGE CONDITIONS

Expiry Date: 02-AUG-2015

Applicant: P PRIESTLY

Site: 62, FIELDS PARK ROAD, NEWPORT, NP20 5BH

Proposal: PARTIAL DISCHARGE OF CONDITION 5 (DORMER WINDOW) OF LISTED BUILDING CONSENT 12/0088 FOR FULL REPAIR AND REFURBISHMENT WORKS TO THE FABRIC OF THE BUILDING, PART DEMOLITION AND ERECTION OF TWO STOREY EXTENSION, BAY WINDOW AND RECONFIGURATION OF WINDOW TO DOOR, ALL ON WESTERN ELEVATION.

DECISION: APPROVED

1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 None

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY

12/0088 LISTED BUILDING CONSENT FOR FULL Granted with conditions REPAIR AND REFURBISHMENT WORKS TO THE FABRIC OF THE BUILDING, PART DEMOLITION AND ERECTION OF TWO STOREY EXTENSION, BAY WINDOW AND RECONFIGURATION OF WINDOW TO DOOR ALL ON WESTERN ELEVATION

5. ASSESSMENT 5.1 This application seeks the partially discharge of condition 12 (Dormer Window) of listed building consent 12/0088 for full repair and refurbishment works to the fabric of the building, part demolition and erection of two-storey extension, bay window and reconfiguration of window to door, all on western elevation.

5.2 The condition states: “Prior to the commencement of works to the existing dormer windows, full details of the proposed new leadwork and insulation shall be submitted to and approved in writing by the Local Planning Authority. Reason: In the interest of safeguarding the special character of the adjacent Listed Building.”

5.3 A fully detailed set of drawings has been provided showing that new leadwork will be installed to replicate traditional detail. No details of insulation have been provided at this stage.

5.4 The works are considered to be in line with accepted good practice in historic building conservation, and as such will safeguard the special character of the listed building.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998 Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010 The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:  removing or minimising disadvantages suffered by people due to their protected characteristics;  taking steps to meet the needs of people from protected groups where these differ from the need of other people; and  encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application. It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 The information provided is considered to be acceptable and the condition is partially discharged.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan No: 1515/DC/02

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policy SP9 was relevant to the determination of this application.

03 Section 16(2) of the Town and Country Planning (Listed Building and Conservation Areas) Act 1990 was relevant to the determination of this application.

04 As consideration of this request did not raise significant additional environmental matters over and above those previously considered as part of the original application, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

APPLICATION DETAILS

No:3 15/0696 Ward: ALLT-YR-YN

Type: DISCHARGE CONDITIONS

Expiry Date: 02-AUG-2015

Applicant: MORGAN & HOROWSKYJ ARCHITECTS

Site: 62, FIELDS PARK ROAD, NEWPORT, NP20 5BH

Proposal: DISCHARGE OF CONDITION 12 (ROOFING) OF LISTED BUILDING CONSENT 12/0088 FOR FULL REPAIR AND REFURBISHMENT WORKS TO FABRIC OF THE BUILDING, PART DEMOLITION AND ERECTION OF TWO STOREY EXTENSION, BAY WINDOW AND RECONFIGURATION OF WINDOW TO DOOR, ALL ON WESTERN ELEVATION

DECISION APPROVED

1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 None

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY

5. ASSESSMENT 5.1 This application seeks the discharge of condition 12 (Roofing) of listed building consent 12/0088 for full repair and refurbishment works to the fabric of the building, part demolition and erection of two-storey extension, bay window and reconfiguration of window to door, all on western elevation.

5.2 The condition states: “Prior to the commencement of works to the roof coverings, full details of the nature and extent of work together with details and/or samples of materials to be used shall be submitted to and approved in writing by the Local Planning Authority. Reason: In the interest of safeguarding the special character of the adjacent Listed Building.”

5.3 A fully detailed set of drawings has been provided, including a roof plan and large scale sectional drawings, together with detailed specifications of the proposed works. The applicant has also provided a detailed justification statement which explains why the proposals are considered to be appropriate.

5.4 The works are considered to be in line with accepted good practice in historic building conservation, and as such will safeguard the special character of the listed building.

7. CONCLUSION 7.1 The information provided is considered to be acceptable and the condition is discharged.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: 1515/DC/01; 1515/DC/03

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policy SP9 was relevant to the determination of this application.

03 Section 16(2) of the Town and Country Planning (Listed Building and Conservation Areas) Act 1990 was relevant to the determination of this application.

APPLICATION DETAILS

No:4 15/0789 Ward: ALLT-YR-YN

Type: DISCHARGE CONDITIONS

Expiry Date: 26-AUG-2015

Applicant: K. MCFLYNN

Site: 24, RIDGEWAY CLOSE, NEWPORT, NP20 5DL

Proposal: PARTIAL DISCHARGE OF CONDITION 1 (MATERIALS) OF PLANNING PERMISSION (13/0566) FOR DEMOLITION OF EXISTING DWELLING AND ERECTION OF PAIR OF SEMI DETACHED HOUSES

DECISION APPROVED

1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 None.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY

13/0566 DEMOLITION OF EXISTING DWELLING AND Granted with ERECTION OF PAIR OF SEMI DETACHED Conditions HOUSES (RESUBMISSION FOLLOWING REFUSAL OF 11/1027)

5. ASSESSMENT 5.1 This application seeks the partial discharge of condition 01 of planning permission 13/0566 for the demolition of the existing dwelling and erection of a pair of semi-detached houses.

5.2 Condition 01 states; “Notwithstanding the plans hereby approved, no work shall be commenced in the construction of the approved scheme until details/samples of the materials and finishes to be used on the external surfaces have been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out using the approved materials. Reason: To ensure that the development is completed in a manner compatible with its surroundings”

5.3 Information has been submitted which details the brick type (red brick-Sussex Blend), roof covering (smooth brown- Marley Ashmore Interlocking Duo Plain), fasicas (white uPVC) and windows (white uPVC). The finishes are considered to be acceptable and are in keeping with the surrounding street scene.

7. CONCLUSION 7.1 The finishes are considered to be acceptable and it is appropriate to partially discharge this condition.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: Proposed Materials

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application.

03 As consideration of this request did not raise significant additional environmental matters over and above those previously considered as part of the original application, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

APPLICATION DETAILS

No: 15/0691 Ward: ALWAY

Type: FULL

Expiry Date: 11-AUG-2015

Applicant: JULIANA MOOREFIELD

Site: 96, ABERTHAW ROAD, NEWPORT, NP19 9QQ

Proposal: ERECTION OF SINGLE STOREY REAR EXTENSION AND INSTALLATION OF WHEELCHAIR ACCESSIBLE RAMP TO FRONT AND SIDE OF PROPERTY

DECISION GRANTED WITH CONDITIONS

1. CONSULTATIONS 1.1 DWR CYMRU (WELSH WATER): Have offered no specific comments on the application, but have advised that some public sewers and lateral drains may not be recorded on their maps so the applicant is advised to contact Dwr Cymru to establish the location of the sewer.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection.

3. REPRESENTATIONS 3.1 NEIGHBOURS: All properties sharing a common boundary were consulted (one address). No responses were received.

4. RELEVANT SITE HISTORY None

5. ASSESSMENT 5.1 This application seeks full planning permission for the erection of a single storey rear extension and installation of a wheelchair accessible ramp to the front and side of the property at 96 Aberthaw Road in the Alway Ward.

5.2 The property is a semi-detached domestic dwelling set within a curtilage comprised of a front garden with driveway and a rear domestic garden. The proposal is to construct a single storey rear extension to allow for the kitchen to be relocated and a ground floor wetroom to be installed. The proposal also involves the construction of two disabled access ramps, one at the front of the property and the other leading into an existing side access. The extension would measure a depth of 3.7 metres with a width of 3.55 metres. It would have an eaves height of 2.7 metres and a ridge height of 3.55 metres.

5.3 Fenestration would be comprised of a kitchen window in the south facing rear elevation and patio doors facing west in the side elevation (accessing the rear garden). The extension would be constructed from facing brickwork walls with a concrete tile roof and white uPVC doors and windows. The disabled ramps would be constructed from concrete paving slabs with 150mm upstand edges.

5.4 Policies GP2 (General Amenity) and GP6 (Quality of Design) of the Newport Local Development Plan (NLDP) 2011-2026 (adopted January 2015) are relevant to the determination of this application.

5.5 The extension would be constructed in close proximity to the eastern intervening boundary shared with 98 Aberthaw Road. There is an existing single storey rear extension at 98 Aberthaw Road that would mostly act as a screen to the proposed extension at 96 so it is not considered that any significant loss of light or overbearing impact would be experienced at the neighbouring property. No windows would directly overlook the neighbouring property so general amenities would be preserved and the extension would be considered to be in accordance with policy GP2 of the NLDP.

5.6 The proposed extension would have very limited public views from The Redlands, a public highway to the rear of the property. It would be constructed from materials to match the main house which would help to retain the character and appearance of the property. The disabled ramp at the front of the property would be visible within the street scene along Aberthaw Road, but would not be an overly prominent addition. Disabled access ramps are increasingly common features at domestic properties and it is not considered in this case that the ramp would have any significant impacts on the appearance of the property so would be acceptable. As such it is considered that the proposals are in accordance with policy GP6 of the NLDP.

5.7 Dwr Cymru have offered no specific comments on the application, but have advised that some public sewers and lateral drains may not be recorded on their maps so the applicant is advised to contact Dwr Cymru to establish the location of the sewer. The location of the sewer and potential impact of the development on it would be a matter to be settled between the applicant and Dwr Cymru and is likely to be resolved between the two parties at a later date. Given the scale of the proposed development there is no reason to believe that there should be any significant impact on the public sewerage system.

7. CONCLUSION 7.1 The proposed rear extension, front and side disabled access ramps by reasons of the location, scale and design would preserve visual amenities, access to daylight and privacy to neighbouring occupiers and would preserve the character and appearance of the property and the street scene.

7.2 The proposal is therefore in accordance with policies GP2 and GP6 of the Newport Local Development Plan (NLDP) 2011-2026 (adopted January 2015).

7.3 Planning Permission is granted subject to the following conditions.

8. DECISION

GRANTED WITH CONDITIONS 01 The development shall be implemented in accordance with the following plans and documents: SK01 Rev. D – Plans and Elevations as Existing and Proposed. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

General conditions

02 The rear extension hereby approved shall be constructed using materials to match the external appearance of the main house and shall be retained in that state thereafter. Reason: To ensure development that is compatible with its surroundings.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2 and GP6 were relevant to the determination of this application.

02 Due to the minor nature of the proposed development (including any demolition) and the location of the proposed development, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

APPLICATION DETAILS

No:6 15/0751 Ward: CAERLEON

Type: TREES IN CONSERVATION AREAS

Expiry Date: 05-AUG-2015

Applicant: S. SMITH

Site: CEDAR HOUSE, GOLDCROFT COMMON, CAERLEON, NEWPORT, NP18 1NG

Proposal: REDUCE HEIGHT OF CONIFER TREES PROTECTED BY CAERLEON CONSERVATION AREA

DECISION : NO OBJECTIONS

1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE (TREE OFFICER: TPOs AND PRIVATE LAND): No objection.

3. REPRESENTATIONS 3.1 NEIGHBOURS: All neighbours (3no properties) with a common boundary were consulted and a site notice was displayed. No response received.

4. RELEVANT SITE HISTORY None.

5. ASSESSMENT The application is to reduce the height of four overgrown conifers at the boundary wall of the rear garden as the trees have now grown too tall.

5.1 The trees are Lawson’s cypress type trees which have continued to grow in height and now need to be reduced.

5.2 It is accepted that all trees/ hedges require a degree of maintenance and this work falls within this category.

5.3 If reduced the height of the trees will not impact on the Conservation Area and the trees do not merit a TPO.

5.4 Therefore the Council’s Tree Officer (TPOS and Private land) has no objection the proposals.

7.0 CONCLUSION 7.1. There are no objections to the application.

8.0 DECISION

NO OBJECTIONS

NOTE TO APPLICANT

01 This decision relates to the Plan received on 25 June 2015.

APPLICATION DETAILS

No:7 15/0778 Ward: CAERLEON, RINGLAND

Type: DISCHARGE CONDITIONS

Expiry Date: 23-AUG-2015

Applicant: O THOMAS, SCOTT BROWNRIGG

Site: THE CELTIC MANOR RESORT, THE COLDRA, NEWPORT, NP18 1HQ

Proposal: PARTIAL DISCHARGE OF CONDITIONS 15 (DORMOUSE METHOD STATEMENT), 16 (DORMICE MONITORING SCHEME), 18 (DORMICE HABITAT) AND 19 (TREE FELLING METHOD STATEMENT) OF PERMISSION 14/0327 FOR THE CONSTRUCTION OF THE WALES INTERNATIONAL CONFERENCE CENTRE

DECISION: APPROVED

1. CONSULTATIONS 1.1 NATURAL RESOURCES WALES: No objection.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (ECOLOGY): No objection subject to submission of further information as outlined in management and monitoring documents.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY

14/0327 CONSTRUCTION OF THE WALES INTERNATIONAL GRANTED WITH CONFERENCE CENTRE AND ASSOCIATED PARKING, CONDITIONS INCLUDING ALTERATIONS TO ACCESS (OUTLINE) 15/0410 CONSTRUCTION OF THE WALES INTERNATIONAL APPROVED WITH CONFERENCE CENTRE AND ASSOCIATED PARKING, CONDITIONS INCLUDING ALTERATIONS TO ACCESS (RESERVED MATTERS)

5. ASSESSMENT 5.1 Outline planning permission and reserved matters approval has been granted for the development of the Wales International Conference Centre at the Celtic Manor Resort. A number of conditions were attached to the outline permission, some of which related to the management of the ecological impact of the development. The site is known to support dormice and bats which are European Protected Species. Conditions 15, 16, 18 and 19 were attached to permission 14/0327 and required the submission of a dormouse method statement, monitoring and management scheme and a tree felling method statement to safeguard bats.

5.2 Environgauge have been commissioned to oversee all development which affects protected species and have submitted a Dormouse Method Statement, a Dormouse Management and Monitoring Scheme, and a Tree (of bat roost potential) felling Method Statement. These documents have been reviewed and Natural resources Wales and the Head of Streetscene and City Services have confirmed they have no objection to the partial discharge of conditions 15, 16, 18 and 19. The submitted documents confirm that further information and reports will need to be submitted as part of the monitoring works, but this can only be undertaken once the development is started and will form the basis of a further submission.

7. CONCLUSION 7.1 The submitted monitoring and management proposals are considered acceptable and conditions 15, 16, 18 and 19 are partially discharged.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: Dormouse Method Statement June 2015 ref: EVG-13- 018-DMS-Final; Dormouse Management and Monitoring Scheme June 2015 ref: EVG-13- 018-DMMS; Tree (of bat roost potential) Felling Method Statement June 2015 ref: EVG-13- 018-TFMS.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application.

APPLICATION DETAILS

No:8 15/0509 Ward: GAER

Type: FULL

Expiry Date: 30-JUN-2015

Applicant: A BETBOROUGH

Site: 23, NEW PASTURES, NEWPORT, NEWPORT, NP20 3GF

Proposal: DEMOLITION OF EXISTING GARAGE AND ERECTION OF SIDE/REAR EXTENSION AND CREATION OF ADDITIONAL PARKING SPACE AND VEHICULAR ACCESS

DECISION GRANTED WITH CONDITIONS

1. CONSULTATIONS 1.1 DWR CYMRU/WELSH WATER: Recommend advisory.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): The additional parking space must be hard paved and suitable drainage must be employed to prevent surface water run off onto the adopted highway. Subject to this I’m satisfied that sufficient parking will be available at the property and I would offer no objection to the application. The applicant must contact Streetscene regarding the drop kerb and vehicle crossover.

3. REPRESENTATIONS 3.1 NEIGHBOURS: All properties that share a common boundary with the application site were consulted (4No addresses). No representations were received.

4. RELEVANT SITE HISTORY 4.1 None

5. ASSESSMENT 5.1 This application seeks planning permission for the demolition of an existing garage and erection of a side and rear extension to the semi-detached property at 23 New Pastures, Newport. It is also proposed to create an additional off-street parking space at the dwelling. The extension would provide a study, utility room and games room at the property.

5.2 The property currently has a single width driveway to the front and side, leading to a detached garage in the rear garden. This garage is a semi-detached structure, adjoined to the garage of the neighbouring property at 25 New Pastures.

5.3 It is proposed to demolish the property’s garage and erect a replacement single storey side/rear extension which extends along the side elevation and beyond the rear elevation of the existing property, encompassing the footprint of the former garage. The proposed extension would be 2.43m wide (from the side elevation of the existing dwelling), a total of 15.64m in length (set back 0.25m from the front elevation of the dwelling). It would wrap around the rear elevation of the dwelling in part, so that the width of the extension at the rear would be 4.12m. It would have a flat roof to a height of 3m, 0.5m higher than the flat roof level of the existing garage.

5.4 Policies GP2 and GP6 of the Newport Local Development Plan 2011-2026 (Adopted January 2015) are of relevance to the determination of this application.

5.5 The proposed extension is considered to suitably relate to the host property in terms of its design and scale. The flat roof proposed would mirror the flat roof of the existing dwelling and, given the presence of the existing garage at the rear, the only additional volume at the rear would be the section which links the dwelling to the site of the garage (a depth of 2.5m). Therefore despite the depth from the rear elevation being approximately 7.5m, it is concluded that in this instance, an extension of this scale would be acceptable. Similarly, the side extension is considered to be suitably scaled in relation to the host property. The property would also maintain adequate outdoor amenity space following development. It should also be noted that the side section of the extension could be erected without planning permission, as permitted development.

5.6 In reference to amenity; the proposed side section would not be visible to the occupiers of 21 New Pastures, with only the section at the rear visible and with the potential to impact upon them. However, given the distance of the extension from the shared boundary (4.6m), the presence of the existing garage and the scale of the rear extension proposed, it is not considered that the development would result in a loss of privacy, overbearing impact of loss of light to the occupiers of 21 New Pastures.

5.7 The proposed extension would run along the land between the application site and 25 New Pastures, and on to land which currently houses a semi-detached garage. Following development, the extension would adjoin to the existing garage of 25 New Pastures, in a similar relationship to that which currently exists. 25 New Pastures is set further forward than the application site and includes a side elevation window which looks on to their driveway and site of the proposed extension beyond that. As the neighbouring property is set further forward than the application site, the front elevation of the proposed extension would be approximately level with the neighbour’s side window and, as a result, it is not considered that the proposed extension would have a detrimental impact on this window by way of overbearing impact, loss of light or loss of privacy, given its relationship with the proposal.

5.8 As the driveway of 25 New Pastures is to remain between the neighbour and the proposed extension, this would provide a 2.5m distance between the proposed extension and the neighbour. Considering the relationship between the properties, with the driveway between, and the scale of the extension, it is not considered that the proposed extension would result in an overbearing impact, loss of light or loss of privacy to 25 New Pastures. The aforementioned side elevation window in the extension is the only opening facing 25 New Pastures. It is considered that further openings in this elevation should be restricted via condition.

5.9 An additional parking space is indicated on the proposed block plan to compensate for the loss of parking to the side of the property, which is to be replaced by the extension. The Council’s highways officer has offered no objection to the application, subject to the parking area being hard paved with suitable drainage to prevent surface water run off onto the adopted highway. This can be controlled by condition.

7. CONCLUSION 7.1 Having regard to the aforementioned policies of the Newport Local Development Plan 2011-2026 (adopted January 2015), it is concluded that the design and impact of the proposed extension is acceptable. Planning permission is therefore granted with conditions.

8. DECISION

GRANTED WITH CONDITIONS

01 The development shall be implemented in accordance with the following plans and documents; AB/P/01 rev.0, AB/P/02 rev.0, AB/P/03 rev.A, AB/P/04 rev.A, AB/P/05 rev.A, AB/P/06 rev.A, AB/P/07 rev.A, AB/P/08 rev.A and Site Location Plan. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

Pre –occupation conditions 02 Prior to the first use of the extension hereby approved, the window in the south elevation (labelled as the ‘west’ elevation on drawing AB/P/04 rev.A) shall be non-opening, fitted with obscure glazing and shall be retained in that state thereafter in perpetuity. Reason: To protect the privacy of adjoining occupiers.

03 The additional parking space hereby approved shall be provided prior to the first use of the extension hereby approved, shall be constructed of porous/permeable materials or provide a direct run-off for surface water to a porous or permeable area within the curtilage of the dwellinghouse, and shall be retained as such and available for use for the parking of motor vehicles thereafter. Reason: To ensure adequate drainage of surface water and sufficient off-street parking.

General conditions 04 The external surfaces of the extension hereby permitted shall only be of materials to match those of the existing building. Reason: To ensure the development is completed in a manner compatible with its surroundings.

05 No window or door openings (other than those shown on the approved plan) shall be formed in the south elevation (labelled as the ‘west’ elevation on drawing AB/P/04 rev.A) of the extension hereby approved. Reason: To protect the privacy and any perceived overlooking of adjoining residents.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2 and GP6 were relevant to the determination of this application.

03 Some public sewers and lateral drains may not be recorded on DCWW maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist DCWW in dealing with the proposal, they request the applicant contacts their Operations Contact Centre on 0800 085 3968 to establish the location and status of the sewer. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.

04 The applicant should contact the Highway Networks Section on 01633 656656 to arrange for the provision of a dropped kerb.

APPLICATION DETAILS

No:9 15/0653 Ward: GAER, PILLGWENLLY

Type: TREES IN CONSERVATION AREAS

Expiry Date: 26-JUL-2015

Applicant: I WILLIAMS

Site: 4, STOW PARK GARDENS, NEWPORT, NP20 4HP

Proposal: VARIOUS WORKS TO TREES T1 TO T6 WITHIN CONSERVATION AREA

DECISION: NO OBJECTIONS

1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE (TREE OFFICER: TPOs AND PRIVATE LAND): No objection.

3. REPRESENTATIONS 3.1 NEIGHBOURS: All neighbours with a common boundary were consulted (9no. properties) and a site notice was displayed. No comments received.

3.2 WILDLIFE IN NEWPORT GROUP: No response received.

4. RELEVANT SITE HISTORY None.

5. ASSESSMENT 5.6 The application relates to the re pollarding of 4 Cappadocian maples along the boundary of 4 Stow Park gardens, the trees have previously been pollarded, this was a number of years ago and the trees now require re pollarding to ensure their continued health and vigour. The work forms part of maintenance programme for pollarded trees.

5.7 In addition, one Turkey oak is requested to be pruned back by up to 2m with the maximum diameter cut not exceeding 100mm.The proposed work to the other Turkey oak is to remove the epicormic growth on the trunk up to a height of 6m.

5.8 The recommendations were submitted by a bona fide Tree Consultant.

5.9 The resultant work will not impact on the character of the Conservation Area and it is not necessary to TPO the trees.

5.10 Therefore the Councils Tree Officer (TPOS and Private land) has no objection the proposals.

7.0 CONCLUSION 7.1. There are no objections to the application.

8.0 DECISION

NO OBJECTIONS

NOTE TO APPLICANT

01 This decision relates to the Plan received on 01 June 2015

APPLICATION DETAILS

No:10 15/0532 Ward: GRAIG

Type: RENEWALS AND VARIATION OF CONDITIONS

Expiry Date: 30-JUL-2015

Applicant: A JENKINS

Site: YNYS HIR, OLD ROAD, LOWER MACHEN, NEWPORT, NP10 8GU

Proposal: VARIATION OF STANDARD TIME CONDITION OF PLANNING PERMISSION 10/0260 FOR CONSTRUCTION OF NEW TWO STOREY DETACHED COTTAGE

DECISION GRANTED WITH CONDITIONS.

1. CONSULTATIONS 1.1 DWR CYMRU WELSH WATER: No objections.

1.2 NEWPORT ACCESS GROUP: No response.

1.3 WESTERN POWER DISTRIBUTION: Advise of equipment in the area.

1.4 GLAMORGAN GWENT ARCHAEOLOGICAL TRUST: Require conditions as per previous application.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection.

2.2 HOUSING DEVELOPMENT MANAGER: No objections.

2.3 PLANNING OBLIGATIONS MANAGER: In accord with the adopted LDP, there is no current requirement for planning obligations.

2.4 HEAD OF LAW AND STANDARDS (ENV. HEALTH): No objections.

2.5 HEAD OF STREETSCENE AND CITY SERVICES (trees):No objection.

2.6 HISTORIC BUILDINGS AND CONSERVATION OFFICER: No objection.

2.7 HEAD OF STREETSCENE AND CITY SERVICES (DRAINAGE) No objections.

3. REPRESENTATIONS 3.1 NEIGHBOURS: Neighbours with a common boundary and opposite with the site have been consulted (3 in total). A site notice has been erected and the application has been advertised in the press. One letter of response has been received objecting on the following grounds: -Previously suffered injury, does not live on a quiet road, which is made worse by Sat Nav. -The entrance to the proposed house was part of a footpath and bridle way , part of which was renovated last year. The papers have recently indicated that the Ramblers Association have the right to contest the closure of footpaths and bridleways. -concerned about the removal of hedgerow and the visual impact that this may have. -concerned that walls are to be removed to provide entrance splays which may encourage further removals of walls in the village - concerned about loss of light to a property which has small windows. - Lack of pavements and the road is very narrow, with a blind bend on a road which accesses the bus stop. This will become more dangerous to users of the road. - on road parking is restrictive.

4. RELEVANT SITE HISTORY 10/0260 Erection of two storey Granted with conditions detached dwelling

5. ASSESSMENT 5.1 This application seeks to extend the time period of a previous full planning permission for the erection of a two storey detached cottage within the settlement of Lower Machen. The site forms part of the current garden of a property known at ‘Ynyshir’ which is situated on the entrance to Lower Machen when travelling from the east. The site is slender and triangular in shape with a maximum depth of approximately 20m on the western side and a length of approximately 38m (measured along the southern boundary). The site is bounded by hedgerow on the southern side and a stone wall and hedge of the northern side, albeit for a small break in this for an existing vehicular access. The busy A468 borders the application site 15m to the south and the road is approximately 2m lower in height than the application site. The site has remained unaltered since the previous application with just the existing landscape features having matured

5.2 The previous application was assessed under the Unitary Development Plan which was superseded by the Newport Local Development Plan in January 2015. Policy SP1 refers to sustainable development favours proposals which make a positive contribution to sustainable development. Policy SP13 Planning Obligations enables contributions to be sought from developers that will help deliver infrastructure which is necessary to support development. Policy CE7 refers to development within or adjacent to conservation area which shall be designed to preserve or enhance the character.

Policy GP2 highlights that “development will be permitted where, as applicable: i) there will not be a significant adverse effect on local amenity, including in terms of noise, disturbance, privacy, overbearing, light, odours and air quality; ii) the proposed use and form of development will not be detrimental to the visual amenities of nearby occupiers or the character or appearance of the surrounding area; iii) the proposal seeks to design out the opportunity for crime and anti-social behaviour; iv) the proposal promotes inclusive design both for the built development and access within and around the development; v) adequate amenity for future occupiers.”

Policy GP6 highlights that “good quality design will be sought in all forms of development. The aim is to create a safe, accessible, attractive and convenient environment. in considering development proposals the following fundamental design principles should be addressed: i) context of the site: all development should be sensitive to the unique qualities of the site and respond positively to the character of the area; ii) access, permeability and layout: all development should maintain a high level of pedestrian access, connectivity and laid out so as to minimise noise pollution; iii) preservation and enhancement: where possible development should reflect the character of the locality but avoid the inappropriate replication of neighbouring architectural styles. The designer is encouraged to display creativity and innovation in design; iv) scale and form of development: new development should appropriately reflect the scale of adjacent townscape. Care should be taken to avoid over-scaled development; v) materials and detailing: high quality, durable and preferably renewable materials should be used to complement the site context. Detailing should be incorporated as an integral part of the design at an early stage; vi) sustainability: new development should be inherently robust, energy and water efficient, flood resilient and adaptable, thereby facilitating the flexible re-use of the building. Where existing buildings are present, imaginative and sensitive solutions should be sought to achieve the re-use of the buildings.”

Policy GP4 highlights that “development proposals should: i) provide appropriate access for pedestrians, cyclists and public transport in accordance with national guidance; ii) be accessible by a choice of means of transport; iii) be designed to avoid or reduce transport severance, noise and air pollution; iv) make adequate provision for car parking and cycle storage; v) provide suitable and safe access arrangements; vi) design and build new roads within private development in accordance with the highway authority’s design guide and relevant national guidance; vii) ensure that development would not be detrimental to highway or pedestrian safety or result in traffic generation exceeding the capacity of the highway network.

Policy H2 states that residential development should be built to high standards of environmental and sustainable design, taking into account the whole life of the dwelling

Policy H4 refers to Affordable Housing and states that on-site provision of affordable housing will be required on all new housing sites of 10 or more dwellings within the settlement boundary, or 3 or more dwellings within the defined village boundaries.

Policy T4 states that development will be required to provide appropriate levels of parking, within defined parking zones, in accordance with adopted parking standards

5.3 The site is located within the Lower Machen Conservation Area and an Archaeological Sensitive Area as such any development at this site must preserve or enhance the Conservation Area. An archaeological evaluation was carried out as part of the previous application and as a result of this conditions were imposed requiring a suitable design of foundations and the submission of a scheme of archaeological investigation. The design and siting of the dwelling was considered to be acceptable on the previous application and the Conservation Officer has offered no objection to the scheme. In terms of access the Head of Street Scene City services (Highways) has no objection to the proposal. The Environmental Health officer has also offered no objections to the proposal. The concerns of the neighbour are noted and the relationship with neighbours was carefully considered on the previous application, as was access. A footpath does not appear to go through this site.

5.4 Policy SP13 Planning Obligations enables contributions to be sought from developers that will help deliver infrastructure which is necessary to support development. Commuted sum payments for affordable housing will be sought on sites of fewer than 10 dwellings within the Housing Target Area of Caerleon and Rural Newport (based upon 10% provision at no more than 50% of ACG). The final agreed methodology for calculating these payments will be set out within a revised SPG on Affordable Housing, currently being prepared and expected to be adopted by the 6th August 2015. However, commuted sum payments for affordable housing will not be required on planning applications ‘determined’ (i.e. date of resolution) prior to the ‘adoption’ of this revised guidance. Therefore no S106 planning obligations are currently required for a proposal of a dwelling. It is considered that the proposals accord with the relevant policies.

7. CONCLUSION 7. The proposal accords with policy and the time limit for the implementation of consent shall be extended for a further five years. . The application is granted with conditions.

8. DECISION

GRANTED WITH CONDITIONS.

01The development shall be implemented in accordance with the following plans and documents as approved under application 10/0260 . design and access statement (rev B), PL02 Rev C, PL03 Rev B, Drg N 109/10 and 11, Archaeological Evaluation (No EVR/367/09) and noise assessment (ref: 2343/ENS1 dated 29 June 2010). Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

Pre- commencement conditions

02 Details and plans showing the finished slab level of the buildings hereby approved, together with cross sections through the site, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any work on site, and the development shall be undertaken in accordance with the approved details. Reason: In the interests of visual amenities.

03 No work shall be commenced on the construction of the approved scheme until details/samples of materials and finishes to be used on the external surfaces (including the proposed building and hard surfaces) have been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out using the agreed materials. Reason: To ensure that the development is completed in a manner compatible with its surroundings.

04 No development shall commence until full details of the foul and surface drainage systems has been submitted to and approved in writing by the Local Planning Authority. The details shall be implemented fully in accordance with the approved scheme prior to the beneficial use of the development. Reason: To ensure adequate drainage is provided.

05 No development shall take place until a detailed scheme showing the scope and arrangement of foundation design and all new groundworks, which may have an impact on archaeological remains, has been approved in writing by the Local Planning Authority and that scheme will be monitored by the council. Reason: To ensure that archaeological remains are not disturbed or damaged by foundations and other groundworks but are, where appropriate, preserved in situ.

06 No development shall take place 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 has been submitted by the applicant and approved in writing by the Local Planning Authority. Reason: To identify and record any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource

07 Full details of the proposed boundary treatments shall be submitted to and approved in writing by the Local Planning Authority prior to development commencing. The boundary treatments shall be constructed/planted in accordance with the approved details prior to the first occupation of the associated dwelling and then maintained thereafter. Reason: To ensure the development is completed in a satisfactory manner and to preserve the character and appearance of the Lower Machen Conservation Area.

08 Prior to the commencement of development, full details of a “no-dig” construction method for the parking and access area shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in full compliance with the approved details. Reason: To protect the landscape features of the site

09 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 55 dBA Leq 16 hour [free field] during the day [07.00 to 23.00 hours] or 45dBA 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 able to be effectively ventilated without opening windows. No dwelling shall be occupied until the approved sound insulation and ventilation measures have been installed to that property in accordance with the approved details. The approved measures shall be retained thereafter in perpetuity. Reason: To ensure that the amenities of future occupiers are protected.

10 Prior to the commencement of development a scheme shall be submitted to and approved in writing by the Local Planning Authority to provide that the maximum day time noise level in outdoor living areas exposed to external road traffic noise shall not exceed 55 dBA Leq 16 hour. The scheme of noise mitigation as approved shall be constructed in its entirety prior to the first occupation of any dwelling and shall be retained thereafter in perpetuity. Reason: To ensure that the amenities of future occupiers are protected.

11 Prior to the commencement of development, detailed construction drawings of windows (to include depths within reveals, sill and hood moulding details and rooflights), eaves and verge detail for the main roof, the porch, the dormers and the chimney shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out using the approved materials. Reason: To ensure that the development is completed in a manner compatible with its surroundings.

12 Before the development is commenced, written approval of the Local Planning Authority is required to a scheme of landscaping and tree planting entrance area(s) of the site (indicating the number, species, heights on planting and positions of all trees and shrubs). The approved scheme shall be carried out in its entirety by a date not later than the end of the full planting season immediately following the completion of that development. Thereafter, the trees and shrubs shall be maintained for a period of 5 years from the date of planting in accordance with an agreed management schedule. Any trees or shrubs which die or are damaged shall be replaced and maintained until satisfactorily established. For the purposes of this condition, a full planting season shall mean the period from October to April. Reason: To safeguard the rights of control of the Local Planning Authority in these respects and to ensure that the site is landscaped in a satisfactory manner

13 Prior to commencement of development, full details/samples of the materials to be used on the hard landscaped areas (footpath link/parking/access areas) shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in full compliance with the approved details. Reason: To ensure that the development is completed in a manner compatible with its surroundings.

Pre-occupation condition 14 The dwelling hereby approved shall not be occupied until the parking and access arrangements have been fully implemented as shown on the plans hereby approved. Thereafter they shall be maintained in that state and the parking kept available at all times by the occupiers / visitors of the property. Reason: To ensure adequate off road parking is provided and in the interests of highway safety.

General conditions 15 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order), Schedule 2, Part 1, no development within Classes A, B, C, D, or E shall be carried out without the prior written permission of the Local Planning Authority. Reason: To ensure that a satisfactory form of development takes place and to preserve the character and appearance of the Lower Machen Conservation Area.

16 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking or re-enacting that Order), Schedule 2, Part 2, Class A or any details on the plans hereby approved, no wall, fence, gate, hedge or other means of enclosure shall be erected or planted without the prior written permission of the Local Planning Authority. Reason: In the interests of the visual amenities of the area and to preserve the character and appearance of the Lower Machen Conservation Area.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies SP1, SP13, CE7, GP2, GP6, H2, H4 and T4 were relevant to the determination of this application.

02 The proposed development (including any demolition) has been screened under the Environmental Impact Assessment Regulations and it is considered that an Environmental Statement is not required.

03 As of 1st October 2012 any connection to the public sewerage network (foul or surface water sewerage) for the first time will require an adoption agreement with Dwr Cymru Welsh Water. For further advice contact Dwr Cymru Welsh Water on 01443 331155.

APPLICATION DETAILS

No:11 15/0023 Ward: LLANWERN, LLISWERRY

Type: DISCHARGE CONDITIONS

Expiry Date: 16-AUG-2015

Applicant: ST MODWEN DEVELOPMENTS LTD

Site: GLAN LLYN DEVELOPMENT SITE, QUEENSWAY, LLANWERN, NEWPORT

Proposal: SUBMISSION OF DETAILS TO PARTIALLY DISCHARGE CONDITION 16 (DETAILS OF ROADS/CYCLEWAYS AND FOOTWAYS) AND CONDITION 18 (DETAILS OF ESTATE ROADS AND THEIR DRAINAGE) OF PERMISSION 06/0471 IN RELATION TO THE SOUTHERN END OF HOUSING PHASE 2 TO PROVIDE 103 DWELLINGS AND ASSOCIATED INFRASTRUCTURE ON THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEELWORKS)

DECISION: APPROVED

1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE & CITY SERVICES:

2.1.1 The increase in parking for the 4 bedroom properties to 3 spaces now meets the requirements of the parking standards for those properties. As you are aware however I still have some concerns that there is still a shortage of spaces for the 3 bedroom properties and the apartment block as the site doesn’t currently meet the requirements of the sustainability assessment for a reduction in parking without the completion of the footway link to Newport Retail Park.

With regard to the revised parking layout for plot 130, the track testing plan that has been submitted shows that one of the vehicles will have to manoeuvre onto the pedestrian/cycle track in order to enter and leave the driveway in a forward gear. The layout here will need to be adjusted to ensure that vehicles have sufficient space to make this manoeuvre without entering the pedestrian/cycle track.

At plots 65 – 69 and 76 – 80, as the developer has mentioned that the strip adjacent to the carriageway is not a footway but is a service strip which cars can manoeuvre onto, providing a total width of over 6m behind the spaces, I am satisfied that this is adequate. The lighting columns that are shown in the vicinity of these parking spaces however may need to be relocated slightly or the lighting columns protected to avoid any potential vehicle damage that could occur within these manoeuvring areas.

Drawing 7657 PL04 A shows the intended highway adoption limits as extending into the shared drives near plots 81, 87 and 94. These areas would not be adopted, the limit of highway adoption would be at the back of footway along the main estate road. Where the turning head is proposed to be adopted up to plot 68, the remainder of unadopted carriageway outside plots 65 – 67 will need to be constructed of an alternative surface to demarcate the extent of adoptable highway.

2.1.2 An additional comment was made on the 31/03/2015 making the following points which remain pertinent:  At the junctions of the footpaths and cycle ways corduroy paving should be installed to warn of the presence of cyclists.

 Access control measures should be included at the entrance/exit of the pedestrian/cycle way link to prevent motorbikes or similar vehicles using the link as a short cut between the development and the retail park.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY

Ref. No. Description Decision & Date 06/0471 REDEVELOPMENT OF SITE TO CREATE A MIXED USE URBAN GC EXTENSION COMPRISING: A RANGE OF NEW HOMES 01 April 2010 (APARTMENTS, HOUSES AND SOME SHELTERED ACCOMMODATION FOR THE ELDERLY - USE CLASSES C2&C3); NEW OFFICES, WORKSHOPS, FACTORIES AND WAREHOUSES (USE CLASSES B1, B2&B8); COMMUNITY FACILITIES INCLUDING NEW SCHOOLS AND COMMUNITY CENTRES (USE CLASSES D1&D2); A LOCAL CENTRE INCORPORATING SHOPS, OFFICES AND COMMERCIAL LEISURE FACILITIES INCLUDING NEW BARS, CAFES AND LICENSED PREMISES (USE CLASSES A1, A2, A3&D2); A NETWORK OF OPEN SPACES INCLUDING PARKLAND, FOOTPATHS, SPORTS PITCHES AND AREAS FOR INFORMAL RECREATION; NEW ROADS, ACCESSES AND PATHS; HEALTHCARE AND FITNESS FACILITIES (USE CLASSES D1&D2); PROVISION FOR A NEW RAILWAY HALT/STATION; OTHER ANCILLARY USES AND ACTIVITIES; AND REQUIRING: SITE CLEARANCE, TREATMENT AND PREPARATION; THE INSTALLATION OF NEW SERVICES AND INFRASTRUCTURE; THE CREATION OF NEW WATER BODIES AND DRAINAGE CHANNELS; IMPROVEMENTS/WORKS TO THE HIGHWAYS NETWORK AND OTHER ANCILLARY WORKS AND ACTIVITIES 15/0017 SUBMISSION OF RESERVED MATTERS TO COMPLY WITH AC CONDITION 01 (RESERVED MATTERS) OF OUTLINE PLANNING 28 May 2015 PERMISSION 06/0471 IN RELATION TO THE SOUTHERN END OF HOUSING PHASE 2 TO PROVIDE 103 DWELLINGS AND ASSOCIATED INFRASTRUCTURE ON THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEELWORKS). 15/0018 SUBMISSION OF DETAILS TO PARTIALLY DISCHARGE A CONDITION 06 (DETAILS OF FORMAL AND INFORMAL 20 February RECREATION AREAS) OF PERMISSION 06/0471 IN RELATION 2015 TO THE SOUTHERN END OF HOUSING PHASE 2 TO PROVIDE 103 DWELLINGS AND ASSOCIATED INFRASTRUCTURE ON THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEELWORKS) 15/0019 SUBMISSION OF DETAILS TO PARTIALLY DISCHARGE A CONDITION 07 (LANDSCAPE MANAGEMENT PLAN) OF 26 March 2015 PERMISSION 06/0471 IN RELATION TO THE SOUTHERN END OF HOUSING PHASE 2 TO PROVIDE 103 DWELLINGS AND ASSOCIATED INFRASTRUCTURE ON THE GLAN LLYN REGENERATION SITE (FORMER lLANWERN STEELWORKS) 15/0020 SUBMISSION OF DETAILS TO PARTIALLY DISCHARGE A CONDITION 08 (DETAILS OF EXTERNAL MATERIALS FOR 26 February BUILDINGS) AND CONDITION 09 (DETAILS OF MATERIALS TO 2015 BE USED IN HARD LANDSCAPED AREAS) OF PERMISSION 06/0471 IN RELATION TO THE SOUTHERN END OF HOUSING PHASE 2 TO PROVIDE 103 DWELLINGS AND ASSOCIATED INFRASTRUCTURE ON THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEELWORKS) 15/0021 SUBMISSION OF DETAILS TO PARTIALLY DISCHARGE A CONDITION 10 (DETAILS OF BOUNDARY TREATMENTS) OF 20 February PERMISSION 06/0471 IN RELATION TO THE SOUTHERN END 2015 OF HOUSING PHASE 2 TO PROVIDE 103 DWELLINGS AND ASSOCIATED INFRASTRUCTURE ON THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEELWORKS) 15/0022 SUBMISSION OF DETAILS TO PARTIALLY DISCHARGE A CONDITION 12 (DETAILS OF OFFSTREET PARKING AND 04/06/2015 COVERED CYCLE PARKING) OF PERMISSION 06/0471 IN RELATION TO THE SOUTHERN END OF HOUSING PHASE 2 TO PROVIDE 103 DWELLINGS AND ASSOCIATED INFRASTRUCTURE ON THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEELWORKS) 15/0023 SUBMISSION OF DETAILS TO PARTIALLY DISCHARGE This CONDITION 16 (DETAILS OF ROADS/CYCLEWAYS AND application FOOTWAYS) AND CONDITION 18 (DETAILS OF ESTATE ROADS AND THEIR DRAINAGE) OF PERMISSION 06/0471 IN RELATION TO THE SOUTHERN END OF HOUSING PHASE 2 TO PROVIDE 103 DWELLINGS AND ASSOCIATED INFRASTRUCTURE ON THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEELWORKS) 15/0024 SUBMISSION OF DETAILS TO PARTIALLY DISCHARGE Undetermined CONDITION 22 (DETAILS OF STREETLIGHTING AND LIGHTING OF OTHER AREAS) OF PERMISSION 06/0471 IN RELATION TO THE SOUTHERN END OF PHASE 2 TO PROVIDE 103 DWELLINGS AND ASSOCIATED INFRASTRUCTURE ON THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEELWORKS) 15/0025 SUBMISSION OF DETAILS TO PARTIALLY DISCHARGE A CONDITION 24 (CONFORMITY WITH FLOOD CONSEQUENCES 18 June 2015 ASSESSMENT), CONDITION 33 (DETAILS OF SURFACE WATER DISPOSAL) AND CONDITION 34 (DETAILS OF FOUL AND SURFACE WATER DISPOSAL) OF PERMISSION 06/0471 IN RELATION TO THE SOUTHERN END OF HOUSING PHASE 2 TO PROVIDE 103 DWELLINGS AND ASSOCIATED INFRASTRUCTURE ON THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEELWORKS) 15/0026 SUBMISSION OF DETAILS TO PARTIALLY DISCHARGE A CONDITION 39 (CARBON REDUCTION STRATEGY AND 26 February SUSTAINABILITY STATEMENT) OF PERMISSION 06/0471 IN 2015 RELATION TO THE SOUTHERN END OF HOUSING PHASE 2 TO PROVIDE 103 DWELLINGS AND ASSOCIATED INFRASTRUCTURE ON THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEELWORKS)

5. ASSESSMENT 5.1 Then applicant is seeking to partially discharge condition 16 (details of roads / cycleways & footways) and condition 18 (details of estate roads and their drainage) of planning permission 06/0471 for a mixed use redevelopment of the former Llanwern Steelworks in relation to the southern part of the Phase 2 housing development approved under reserved matters submission 15/0017. Those conditions read as follows:

16) Roads/cycleways/footways on the site in relation to each parcel of development as referred to in Condition 04 shall be constructed in accordance with plans submitted to and approved in writing by the local planning authority prior to commencement of development of the relevant development parcel and completed in accordance with the approved details prior to first occupation of the particular development parcel unless an alternative timescale has been approved in writing with the local planning authority. Reason: In the interests of highway and pedestrian safety.

18) The development shall be served by estate roads laid out and constructed in accordance with details, including means of surface water disposal, previously submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that the road works are completed to an adoptable standard.

5.2 A reserved matters submission is associated with this conditional discharge application (15/0017) and this was approved in May 2015. As such the road geometries, parking provision, footways and cyclepaths have been agreed under that approval. In that sense the broad thrust of condition 16 has already been met since the Head of Streetscene & City Services is satisfied that the layout of those elements of the scheme is acceptable and that highway and pedestrian safety is assured. As such the details are acceptable and condition 16 can be discharged in part. In terms of preventing motor vehicles entering the cyclepath condition 07 of approval 15/0017 seeks these details and requires their implementation, as such this matter has been addressed.

5.3 In terms of condition 18 the applicant has not provided full construction details which would be sufficient to ascertain if the roads would in fact be constructed to an adoptable standard. It is proposed for the roads (in the main), footpaths and the cyclepath to be adopted although some minor cul-de-sacs would not be adopted. As such control over the constructional standard of the roads would be exerted through the highway adoption process. In any event it is not appropriate to duplicate other powers through the planning system which would not be a suitable mechanism to ensure roads can be adopted.

5.4 However that the roads are sufficiently well built for the houses to be accessed and sufficiently well drained to ensure the roads do not flood is a legitimate planning consideration. In terms of construction of the road drainage the submitted drawings show drainage via road gullies and kerb drainage and there is no reason to think that these would be inadequate. The applicant has provided a drawing showing sections through the proposed roads/paths/cycleways and this information is adequate to conclude that those facilities would be built to a standard that would ensure their usability and that an appropriate standard of residential amenity was met.

7. CONCLUSION 7.1 The conditions can be discharged in part.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: Drawing P13-266 426 – Adoptable Road Construction Details Drawing 7657PL04A – Proposed adoptable highways plan Drawing 7657 PL05A – Proposed Tracking Plan Drawing P13-266-408 – Longitudinal Sections Drawing P13-266-400A – Drainage Strategy Sheet 1 Drawing P13-266-401A – Drainage Strategy Sheet 2 Drawing P13-266-402A – Drainage Strategy Sheet 3 Drawing 7657-PL01 – Site Location Plan Design & Access Statement

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application.

APPLICATION DETAILS

No:12 15/0280 Ward: LLANWERN, LLISWERRY

Type: DISCHARGE CONDITIONS

Expiry Date: 05-MAY-2015

Applicant: MARSTON'S INNS AND TAVERNS PLC

Site: GLAN LLYN DEVELOPMENT SITE, QUEENSWAY, LLANWERN, NEWPORT

Proposal: PARTIAL DISCHARGE OF CONDITION 20 (CONSTRUCTION MANAGEMENT PLAN) OF PERMISSION 06/0471 FOR PHASE 1 (PUBLIC HOUSE) OF THE LOCAL CENTRE ON THE GLAN LLYN REGENERATION SITE

DECISION APPROVED

1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF LAW AND REGULATION (NOISE AND POLLUTION): Raised initial concerns with regards to the proposed construction operating hours. Reference to construction hours were subsequently removed from the CEMP and no further objections were made.

2.2 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): Following the submission of a site compound plan no objection was made.

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY 06/0471 REDEVELOPMENT OF SITE TO CREATE A MIXED USE GRANTED WITH URBAN EXTENSION COMPRISING: A RANGE OF NEW CONDITIONS HOMES (APARTMENTS, HOUSES AND SOME SHELTERED ACCOMMODATION FOR THE ELDERLY - USE CLASSES C2&C3); NEW OFFICES, WORKSHOPS, FACTORIES AND WAREHOUSES (USE CLASSES B1, B2&B8); COMMUNITY FACILITIES INCLUDING NEW SCHOOLS AND COMMUNITY CENTRES (USE CLASSES D1&D2); A LOCAL CENTRE INCORPORATING SHOPS, OFFICES AND COMMERCIAL LEISURE FACILITIES INCLUDING NEW BARS, CAFES AND LICENSED PREMISES (USE CLASSES A1, A2, A3&D2); A NETWORK OF OPEN SPACES INCLUDING PARKLAND, FOOTPATHS, SPORTS PITCHES AND AREAS FOR INFORMAL RECREATION; NEW ROADS, ACCESSES AND PATHS; HEALTHCARE AND FITNESS FACILITIES (USE CLASSES D1&D2); PROVISION FOR A NEW RAILWAY HALT/STATION; OTHER ANCILLARY USES AND ACTIVITIES; AND REQUIRING: SITE CLEARANCE, TREATMENT AND PREPARATION; THE INSTALLATION OF NEW SERVICES AND INFRASTRUCTURE; THE CREATION OF NEW WATER BODIES AND DRAINAGE CHANNELS; IMPROVEMENTS/WORKS TO THE HIGHWAYS NETWORK AND OTHER ANCILLARY WORKS AND ACTIVITIES 15/0275 SUBMISSION OF RESERVED MATTERS (TO SATISFY GRANTED WITH CONDITION 01 OF PLANNING PERMISSION 06/0471) CONDITIONS AND TO PARTIALLY DISCHARGE CONDITION 24 (SITE LEVELS) FOR PHASE 1 (PUBLIC HOUSE) OF THE LOCAL CENTRE ON THE GLAN LLYN REGENERATION SITE.

5. ASSESSMENT 5.1 This application seeks to discharge condition 20 (Construction and Environment Management Plan) of permission 06/0471 for Phase 1 (public house) of the local centre on the Glan Llyn regeneration site in the Llanwern and Lliswerry Wards.

5.2 Condition 20 of planning permission 06/0471 states that:

“Prior to commencement of development (including site preparation) of any development parcel defined under Condition 04 a construction management plan for that parcel relevant to the nature and location of the reserved matters application including details where relevant of the means of mitigation against construction noise and vibration, provision of a noise management plan, details of any temporary site access/parking and the likely position of haul roads, details of the location of compounds for the storage of plant and materials, measures to prevent dust pollution and suitable plant and wheelwash facilities shall be submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved details and the approved measures shall remain in operation for the duration of the development of the parcel concerned. Reason: In the interests of residential amenity and highway safety.”

5.3 The Construction and Environment Management Plan originally submitted was lacking some information, specifically with regards to the location and access to the site compound. A plan was submitted showing that an area adjacent to the pub site would be used as a compound to provide welfare facilities and site contractor parking. No objection was raised to the site compound location from the Head of Streetscene and City Services (Highways).

5.4 The Head of Law and Regulation (Noise and Pollution) generally supported the CEMP, but raised an objection with regards to the initially proposed construction operating hours. Following some negotiation reference to construction operating hours was removed from the CEMP (as they are already restricted under condition 21 of permission 06/0471 and could also be enforced through environmental health action if nuisance complaints were made to the Council). No further objection was made. As such it is considered that the submitted details are now acceptable.

7. CONCLUSION 7.1 The submitted details are considered sufficient and condition 20 of planning permission 06/0471 can be partially discharged.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: Construction and Environment Management Plan Revision C; 3498-SC104 – Site Compound.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application.

APPLICATION DETAILS

No:13 15/0715 Ward: LLANWERN, LLISWERRY

Type: DISCHARGE CONDITIONS

Expiry Date: 11-AUG-2015

Applicant: ST MODWENS

Site: GLAN LLYN DEVELOPMENT SITE, QUEENSWAY, LLANWERN, NEWPORT

Proposal: DISCHARGE OF CONDITION 07 (LANDSCAPE MANAGEMENT PLAN) AND CONDITION 11 (OPEN SPACE MANAGEMENT STRATEGY) OF PERMISSION 06/0471 IN RELATION TO THE AREA OF GLAN LLYN WEST PRIMARY SCHOOL (15/0597)

DECISION: APPROVED

1. CONSULTATIONS 1.1 GWENT WILDLIFE TRUST / YMDDIRIEDOLAETH NATUR GWENT: No objections but suggestions are made in regard to improving the scheme.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE & CITY SERVICES (LANDSCAPING): The Landscape Management Plan is acceptable although improvements are suggested.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY

Ref. No. Description Decision & Date

06/0471 DEVELOPMENT OF SITE TO CREATE A MIXED USE URBAN GC EXTENSION COMPRISING: A RANGE OF NEW HOMES (APARTMENTS, HOUSES AND SOME SHELTERED 01/04/2010 ACCOMMODATION FOR THE ELDERLY - USE CLASSES C2&C3); NEW OFFICES, WORKSHOPS, FACTORIES AND WAREHOUSES (USE CLASSES B1, B2&B8); COMMUNITY FACILITIES INCLUDING NEW SCHOOLS AND COMMUNITY CENTRES (USE CLASSES D1&D2); A LOCAL CENTRE INCORPORATING SHOPS, OFFICES AND COMMERCIAL LEISURE FACILITIES INCLUDING NEW BARS, CAFES AND LICENSED PREMISES (USE CLASSES A1, A2, A3&D2); A NETWORK OF OPEN SPACES INCLUDING PARKLAND, FOOTPATHS, SPORTS PITCHES AND AREAS FOR INFORMAL RECREATION; NEW ROADS, ACCESSES AND PATHS; HEALTHCARE AND FITNESS FACILITIES (USE CLASSES D1&D2); PROVISION FOR A NEW RAILWAY HALT/STATION; OTHER ANCILLARY USES AND ACTIVITIES; AND REQUIRING: SITE CLEARANCE, TREATMENT AND PREPARATION; THE INSTALLATION OF NEW SERVICES AND INFRASTRUCTURE; THE CREATION OF NEW WATER BODIES AND DRAINAGE CHANNELS; IMPROVEMENTS/WORKS TO THE HIGHWAYS NETWORK AND OTHER ANCILLARY WORKS AND ACTIVITIES

15/0597 SUBMISSION OF ALL RESERVED MATTERS FOR THE WEST undetermined GLAN LLYN PRIMARY SCHOOL PURSUANT TO CONDITION 01 (SUBMISSION OF RESERVED MATTERS), CONDITION 06 (FORMAL AND INFORMAL RECREATION AREAS), CONDITION 12 (OFF STREET PARKING AND CYCLE PARKING), CONDITION 24 (SITE LEVEL AND CONFORMITY WITH FCA) AND CONDITION 39 (CARBON REDUCTION STRATEGY AND SUSTAINABILITY STATEMENT) OF PLANNING PERMISSION 06/0471/O FOR A MIXED USE URBAN EXTENSION ON THE GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEEL WORKS)

15/0717 DISCHARGE OF CONDITION 16 (CONSTRUCTION DETAILS OF undetermined ROADS, CYCLEWAY AND FOOTPATHS), CONDITION 18 (DETAILS OF ESTATE ROADS) AND CONDITION 22 (STREET LIGHTING) OF PLANNING PERMISSION 06/0471 IN RELATION TO THE AREA OF GLAN LLYN WEST PRIMARY SCHOOL (15/0597)

15/0718 DISCHARGE OF CONDITION 33 (SURFACE WATER undetermined DRAINAGE) AND CONDITION 34 (SURFACE WATER AND FOUL DRAINAGE) OF PERMISSION 06/0471 IN RELATION TO GLAN LLYN WEST PRIMARY SCHOOL (15/0597)

5. ASSESSMENT 5.1 The applicant is seeking to partially discharge condition 07 of outline planning permission 06/0471. That condition reads as follows:

Each landscaping scheme (which shall be accompanied by a management plan detailing future maintenance) submitted in pursuance of Condition 01 (which in relation to tree/shrub planting shall include inter alia grass mixtures and the number, species, heights on planting and positions of all trees and shrubs as well as details of trees to be retained and measures to protect them during construction) shall be carried out in its entirety by a date not later than the end of the full planting season immediately following the completion of the associated development. Thereafter, the trees and shrubs shall be adequately maintained for a period of 5 years (or as agreed in the management plan) from the date of planting and any which die or are damaged shall be replaced and maintained until satisfactorily established. For the purposes of this condition a full planting season shall mean the period from October to April. Reason: To safeguard the rights of control of the Local Planning Authority in these respects and to ensure that the site is landscaped in a satisfactory manner.

5.2 The applicant is also seeking to partially discharge condition 11 (Open Space Management Plan) of planning permission 06/0471 in relation to the school site. That condition reads as follows:

No development shall commence (unless otherwise agreed in writing by the local planning authority in relation to specific advanced works) in relation to any phase of development as defined under condition 03 until a Management Strategy for the maintenance of all areas of formal and informal open space for that phase, not subject to adoption by the Local Authority, has been submitted to and approved in writing by the Local Planning Authority. The Strategy shall include details of any Management Company proposed and its terms of reference. The Management Strategy shall be implemented in accordance with the approved details. Reason: To ensure that adequate safeguards are provided to ensure the future provision of recreation facilities.

5.3 Condition 01 requires the submission of Reserved Matters (including landscaping) for the approval of the Council. The relevant Landscaping reserved matters were submitted as part of application 15/0597 and will be considered as part of that application.

5.4 This application deals with the landscape management plan element of condition 07. To address that requirement the applicant has provided a document called the ‘West Glan Llyn Primary School Landscape Management Plan’ (June 2015). This provides 14 maintenance sheets dealing with elements of the landscaping proposed for the school and how they will be maintained. For completeness the applicant is also seeking the partial discharge of condtion 11 which relates to areas of formal and informal open space that will not be adopted by the local authority. In this instance it is arguable that the school grounds meet the definition of open space and in any event the school will be under the direct control of the local education authority. As such it might be concluded the condition is irrelevant to these particular reserved matters. However since there is no objection to the proposed management strategy there is no impediment to partially discharging the condition.

5.5 Consultees although commenting on the maintenance plans have not objected to them and as such they must be considered acceptable. The Chief Education Officer was consulted but has not commented.

5.5 In conclusion the conditions can be discharged in part.

7. CONCLUSION 7.1 The conditions are discharged in part.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to the following document: West Glan Llyn Primary School Landscape Management Plan (June 2015).

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application.

APPLICATION DETAILS

No:14 15/0785 Ward: LLANWERN, LLISWERRY

Type: DISCHARGE CONDITIONS

Expiry Date: 25-AUG-2015

Applicant: ST MODWEN DEVELOPMENTS LIMITED

Site: GLAN LLYN DEVELOPMENT SITE, QUEENSWAY, LLANWERN, NEWPORT

Proposal: DISCHARGE OF CONDITION 05 (INFRASTRUCTURE PHASING PLAN) OF PLANNING PERMISSION 06/0471 FOR A MIXED USE URBAN EXTENSION ON THE FORMER LLANWERN STEELWORKS (GLAN LLYN) IN RELATION TO PHASE 1 OF THE CELTIC BUSINESS PARK APPROVED UNDER APPLICATION 14/1180

DECISION: APPROVED

1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 None.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY

Ref. No. Description Decision & Date 06/0471 DEVELOPMENT OF SITE TO CREATE A MIXED USE URBAN GC EXTENSION COMPRISING: A RANGE OF NEW HOMES 01/04/2010 (APARTMENTS, HOUSES AND SOME SHELTERED ACCOMMODATION FOR THE ELDERLY - USE CLASSES C2&C3); NEW OFFICES, WORKSHOPS, FACTORIES AND WAREHOUSES (USE CLASSES B1, B2&B8); COMMUNITY FACILITIES INCLUDING NEW SCHOOLS AND COMMUNITY CENTRES (USE CLASSES D1&D2); A LOCAL CENTRE INCORPORATING SHOPS, OFFICES AND COMMERCIAL LEISURE FACILITIES INCLUDING NEW BARS, CAFES AND LICENSED PREMISES (USE CLASSES A1, A2, A3&D2); A NETWORK OF OPEN SPACES INCLUDING PARKLAND, FOOTPATHS, SPORTS PITCHES AND AREAS FOR INFORMAL RECREATION; NEW ROADS, ACCESSES AND PATHS; HEALTHCARE AND FITNESS FACILITIES (USE CLASSES D1&D2); PROVISION FOR A NEW RAILWAY HALT/STATION; OTHER ANCILLARY USES AND ACTIVITIES; AND REQUIRING: SITE CLEARANCE, TREATMENT AND PREPARATION; THE INSTALLATION OF NEW SERVICES AND INFRASTRUCTURE; THE CREATION OF NEW WATER BODIES AND DRAINAGE CHANNELS; IMPROVEMENTS/WORKS TO THE HIGHWAYS NETWORK AND OTHER ANCILLARY WORKS AND ACTIVITIES 14/1020 RESERVED MATTERS SUBMISSION PURSUANT TO AC CONDITION 01 OF PERMISSION 06/0471 FOR A MIXED USE 09 April 2015 REDEVELOPMENT OF THE FORMER LLANWERN STEELWORKS IN RELATION TO THE ACCESS ROAD, LANDSCAPING AND DRAINAGE FOR THE EMPLOYMENT ZONE (CELTIC BUSINESS PARK) 14/1180 SUBMISSION OF RESERVED MATTERS OF PLANNING AC PERMISSION 06/0471 IN RELATION TO PHASE 1 OF THE 12 February CELTIC BUSINESS PARK AT THE EASTERN END OF THE 2015 GLAN LLYN REGENERATION SITE (FORMER LLANWERN STEEL WORKS)

5. ASSESSMENT 5.1 The applicant is seeking to partially discharge condition 05 (Infrastructure Phasing Plan) of outline permission 06/0471 in relation to the areas of reserved matters approvals 14/1020 for access road leading from the Eastern Distributor Road (EDR) into the Celtic Business Park (commercial units at the eastern end of the Glan Llyn Redevelopment site) and approval 14/1180 for the first unit on the Celtic Business Park. The relevant condition reads as follows:

No development shall commence in relation to each phase (as defined by Condition 03), unless otherwise agreed in writing by the Local Planning Authority in relation to specific advanced works, until a detailed Infrastructure Phasing Plan for that phase has been submitted to and approved in writing by the Local Planning Authority. The Infrastructure Phasing Plan shall include the sequence and trigger dates for the provision of the following infrastructure (including for the individual development parcels, links between parcels and phases, and links with the wider external network): highways and drainage, pedestrian and cycleways, public transport services including interim measures for temporary services during the course of construction, recreation areas and all formal and informal open spaces (including a landscaping implementation timetable), and flood mitigation measures. The development shall be implemented in accordance with the approved Infrastructure Phasing Plan unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the necessary infrastructure and facilities to accommodate the development are provided.

5.2 As part of the outline permission a broad infrastructure phasing plan for the whole site was agreed. In relation to the Celtic Business Park no specific timescale was given for the development of any particular part of the Park (other than the park and ride facility for the rail halt which would be completed during Housing Phase 2, that is before 2020). As such there is no overall agreed timetable for the delivery of the Business Park. As such the information submitted with this application can be judged on its own particular merits.

5.3 The phasing plan submitted under this application is very specific and deals with the first phase of the delivery of the Celtic Business Park. That is the first part of the access road from the Eastern Distributor Road (EDR) and the provision of the first commercial unit. The phasing plan identifies that the road, footpaths and cycleways along with their associated drainage will be commenced by June 2015 with completion by February 2016. Planting will be grass seeding in September 2015 and tree planting in November 2015. Construction of the employment unit will start in July / August 2015.

5.4 In essence this phasing plan relates to the areas of applications 14/1020 & 14/1180.

5.5 It is not necessary to consider other elements of the condition, for example, links to other parcels since the relevant application areas are constrained. In essence the employment unit and its access road will be an isolated development (accessible along the EDR) until further elements of the Business Park are completed.

7. CONCLUSION 7.1 The phasing plan for the first stage of development of the Celtic Business Park is acceptable and the condition is discharged in part.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: Glan Llyn: Celtic Business Park – Infrastructure Phasing Plan.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application.

APPLICATION DETAILS

No:15 15/0786 Ward: LLANWERN, LLISWERRY

Type: DISCHARGE CONDITIONS

Expiry Date: 25-AUG-2015

Applicant: ST MODWEN DEVELOPMENTS LIMITED

Site: GLAN LLYN DEVELOPMENT SITE, QUEENSWAY, LLANWERN, NEWPORT

Proposal: DISCHARGE OF CONDITION 05 (INFRASTRUCTURE PHASING PLAN) OF PLANNING PERMISSION 06/0471 FOR A MIXED USE URBAN EXTENSION OF THE FORMER LLANWERN STEELWORKS (GLAN LLYN) IN RELATION TO THE PUBLIC HOUSE APPROVED UNDER APPLICATION 15/0275 AND THE LOCAL CENTRE ACCESS ROAD (14/0702)

DECISION: APPROVED

1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 None.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY

Ref. No. Description Decision & Date 06/0471 DEVELOPMENT OF SITE TO CREATE A MIXED USE URBAN GC EXTENSION COMPRISING: A RANGE OF NEW HOMES 01/04/2010 (APARTMENTS, HOUSES AND SOME SHELTERED ACCOMMODATION FOR THE ELDERLY - USE CLASSES C2&C3); NEW OFFICES, WORKSHOPS, FACTORIES AND WAREHOUSES (USE CLASSES B1, B2&B8); COMMUNITY FACILITIES INCLUDING NEW SCHOOLS AND COMMUNITY CENTRES (USE CLASSES D1&D2); A LOCAL CENTRE INCORPORATING SHOPS, OFFICES AND COMMERCIAL LEISURE FACILITIES INCLUDING NEW BARS, CAFES AND LICENSED PREMISES (USE CLASSES A1, A2, A3&D2); A NETWORK OF OPEN SPACES INCLUDING PARKLAND, FOOTPATHS, SPORTS PITCHES AND AREAS FOR INFORMAL RECREATION; NEW ROADS, ACCESSES AND PATHS; HEALTHCARE AND FITNESS FACILITIES (USE CLASSES D1&D2); PROVISION FOR A NEW RAILWAY HALT/STATION; OTHER ANCILLARY USES AND ACTIVITIES; AND REQUIRING: SITE CLEARANCE, TREATMENT AND PREPARATION; THE INSTALLATION OF NEW SERVICES AND INFRASTRUCTURE; THE CREATION OF NEW WATER BODIES AND DRAINAGE CHANNELS; IMPROVEMENTS/WORKS TO THE HIGHWAYS NETWORK AND OTHER ANCILLARY WORKS AND ACTIVITIES 14/0702 APPROVAL OF RESERVED MATTERS AND DISCHARGE OF CONDITIONS 7 (LANDSCAPING), 9 (MATERIALS), 16 AND 18 (ROADS), 20 (CONSTRUCTION MANAGEMENT PLAN), 22 (DETAILS OF STREET LIGHTING), 23 (ECOLOGICAL MANAGEMENT PLAN), 24 (COMPLIANCE WITH APPROVED LEVELS), 33 (SURFACE WATER DRAINAGE), 34 (FOUL AND SURFACE WATER DRAINAGE) AND 38 (ARCHAEOLOGY) OF PLANNING PERMISSION 06/0471 IN RELATION TO LOCAL CENTRE ACCESS ROAD 15/0275 SUBMISSION OF RESERVED MATTERS (TO SATISFY AC CONDITION 01 OF PLANNING PERMISSION 06/0471) AND TO 07/05/2015 PARTIALLY DISCHARGE CONDITION 24 (SITE LEVELS) FOR PHASE 1 (PUBLIC HOUSE) OF THE LOCAL CENTRE ON THE GLAN LLYN REGENERATION SITE.

5. ASSESSMENT 5.1 The applicant is seeking to partially discharge condition 05 (Infrastructure Phasing Plan) of outline permission 06/0471 in relation to the areas of reserved matters approvals 14/0702 for the local centre access road and approval 15/0275 for a new public house. The relevant condition reads as follows:

5.2 As part of the outline permission a broad infrastructure phasing plan for the whole site was agreed. In relation to the local centre that plan confirmed that the local centre would be completed as part of Phase 2 of the site between 2012 & 2020.

5.3 The phasing plan submitted under this application is very specific and deals with the first phase of the delivery of the local centre. That is the first part of the access road from the Eastern Distributor Road (EDR) and the provision of a road side pub (Marstons). The phasing plan identifies that the road, footpaths and cycleways along with their associated drainage will be commenced by June 2015 with completion by January 2016. Planting will be grass seeding in September 2015 and tree planting in November 2015. Construction of the pub will start in November 2015.

5.4 In essence this phasing plan relates to the areas of applications 14/0702 & 15/0275.

5.5 It is not necessary to consider other elements of the condition, for example, links to other parcels since the relevant application areas are constrained. In essence the pub will be an isolated development (accessible along the EDR) for some time until the other elements of the local centre and its related road infrastructure come forward. This should be before 2020.

7. CONCLUSION 7.1 The phasing plan for the first stage of development of the Glan Llyn local centre is acceptable and the condition is discharged in part.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: Glan Llyn: Local Centre – Infrastructure Phasing Plan

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application.

APPLICATION DETAILS

No:16 15/0669 Ward: LLISWERRY

Type: ADVERT CONSENT

Expiry Date: 03-AUG-2015

Applicant: S MORLEY

Site: WESSEX GARAGES NEWPORT RETAIL PARK, SPYTTY ROAD, NEWPORT, NP19 4QR

Proposal: ERECTION OF 5NO. ILLUMINATED FASCIA SIGNS, 2NO. ILLUMINATED FREE STANDING PYLON SIGNS AND ENTRANCE, DIRECTIONAL AND SERVICE WALL SIGNS

DECISION GRANTED

1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection.

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY

13/0649 EXTERNAL ALTERATIONS TO EXISTING VACANT CAR GRANTED DEALERSHIP 13/0957 DISPLAY OF VARIOUS INTERNALLY ILLUMINATED FASCIA GRANTED SIGNS, DIRECTIONAL SIGNS AND TOTEM SIGN

5. ASSESSMENT 5.1 This application seeks advertisement consent for the display of 5 no. illuminated signs and 2no. illuminated free standing pylon signs and entrance, directional and service wall signs at Wessex Garages, Spytty Road in the Lliswerry Ward.

5.2 The property is an existing commercial property that was purpose built for car sales. The application is to display several illuminated signs on the south-west facing front elevation and north-west facing side elevations of the existing building. Three signs displaying the logos for ‘Wessex Garage’, ‘Renault’ and ‘Dacia’ would be displayed at fascia level on the south-west facing front elevation. A new entrance surround displaying the ‘Renault’ logo would also be displayed on the front elevation. Two fascia level signs displaying the ‘Dacia’ and ‘Renault’ logos would be displayed on the north-west facing side elevation of the building. A customer direction sign would be displayed facing the site access onto Seven Stiles Avenue. Adjacent to the customer direction sign two totem signs displaying the ‘Dacia’ and ‘Renault’ logos would be displayed.

5.3 Policies GP2 (general amenity) and GP6 (quality of design) of the Newport Local Development Plan (NLDP) 2011-2026 (adopted January 2015) are relevant to the determination of this application.

5.4 The area surrounding the application site is predominantly commercial with the adjacent unit also being used for car sales and featuring illuminated advertisements of a similar scale and location on the building to those currently proposed. The proposed signs would be an increase in advertisements currently on display at the property. However, the large commercial building has little architectural merit and it is considered that the proposed advertisements would be an overall improvement. It is considered that the proposed advertisements would not appear out of place given the character and appearance of the neighbouring units.

5.7 There are no nearby residential properties that could be affected by the illumination from the advertisements at night. The neighbouring units are all similar uses to the application site and have similar styles of advertisements currently on display so would not be affected by the proposed illuminated adverts at night. The proposed advertisements would also have little effect on users of the highway at Seven Stiles Avenue to the south-east and no objection has been raised by the Head of Streetscene and City Services (Highways). There is no reason to believe that the advertisements would have any wider effect on public safety and it is considered in design and public safety terms that they are acceptable.

7. CONCLUSION 7.1 The proposed illuminated advertisements are considered to maintain adequate visual amenities and do not pose any harm to public safety, therefore they are in accordance with Policies GP2 and GP6 of the development plan and should be granted advertisement consent.

8. DECISION

GRANTED

NOTE TO APPLICANT

01 This decision relates to plan Nos: 1200mm High Dacia Fascia; 375 Letters Illum; 4.2 Entrance Lighting; 6.5M Pylon Illumination; 600X750 Wall Sign; Dacia Pylon 6.515; Directional Lighting 5 Slats; Location Plan; Ren853 Block Plan; Ren853 Existing; Ren853 Planning; Signs 2, 3 and 5.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2 and GP6 were relevant to the determination of this application.

APPLICATION DETAILS

No:17 15/0437 Ward: MARSHFIELD

Type: FULL

Expiry Date: 13-SEP-2015

Applicant: J JONES

Site: LAND TO WEST OF AND ADJACENT TO GREENACRE, COAST ROAD, ST BRIDES WENTLOOGE, NEWPORT

Proposal: CHANGE OF USE OF AGRICULTURAL LAND TO AN EQUESTRIAN USE

DECISION GRANTED WITH CONDITIONS

1. CONSULTATIONS 1.1 NATURAL RESOURCES WALES: No objection. We would like to confirm that, despite what is stated on the planning application form (Section 14: Biodiversity and Geological Conservation), this site lies within the Gwent Levels – St. Brides SSSI. The SSSI is notified for its range of aquatic plants and invertebrates associated with the reens and ditches of the drainage system. We note from the plans that the application site is bordered by field ditches and as a result the development has the potential to adversely affect the special interest within the SSSI, for example, by altering the quality and quantity of water entering the drainage system of the SSSI.

In summary, the special interests of the SSSI are dependent on the water quality, water quantity, the existence of the drainage system and its continued management. Any development, which has an adverse impact on any of these factors, will have an adverse impact on the wildlife for which the area was notified. Guidance for developers working within the Gwent Levels is provided in Chapter 6 of the booklet ‘Nature Conservation and Physical Development on the Gwent Levels’ by our legacy body the Countryside Council for Wales. Copies of this booklet can be provided upon request.

We refer you to section 6.1.1.c. of our guidance which states that all reens and ditches should be protected from physical development by buffer zones. A 7m buffer zone alongside field ditches and 12.5m buffer zone from reens. There should be no storage of spoil or materials, nor trafficking of vehicles within these buffer zones (section 6.3.2.a & b of our guidance).

We also draw the applicant’s attention to the need to use only inert materials should any ground preparation works involve imported material to raise ground levels (section 6.3.2.f of our guidance).

In terms of surface water and foul drainage during both construction and operation phases of the development, we strongly recommend the applicant takes measures to ensure that only water of appropriate quality and quantity (greenfield rate run-off) (section 6.2.1.d) enter the watercourses of the SSSI.

We also recommend that the ditches are maintained appropriately to improve the quality of the habitat. We discourage the planting of new hedgerows along reens and ditches as this shades out aquatic plants and invertebrates.

Condition We recommend that any reens located adjacent to the development works are protected by a buffer zone of 12.5 metres and field ditches are protected by a buffer zone of 7 metres either side of the watercourse. There should be no dumping, storage or spreading of materials within 12.5 metres of a reen and 7 metres of the ditch during construction or operation. Reason: In order to safeguard the special interests of the SSSI.

Flood Risk The application site lies entirely within Zone C1 as defined by the Development Advice Map (DAM) referred to under Technical Advice Note 15: Development and Flood Risk (TAN15) (July 2004). Our Flood Map information, which is updated on a quarterly basis, confirms the site to be within the 0.5% (1 in 200 year) and 0.1% (1 in 1000 year) annual probability tidal flood outlines of the Severn Estuary.

Given the scale of the proposed development (and in the absence of a flood consequence assessment) we consider the risk could be acceptable subject to the developer being made aware of the potential flood risks, and advised to install flood-proofing measures as part of the development. In areas at risk of flooding, we recommend that consideration be given to the incorporation of flood resistance/resilience measures into the design and construction of the development.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (LANDSCAPE OFFICER): No objection.

2.2 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): The applicant has demonstrated that the site benefits from an existing access which is considered sufficient for personal use. There is no objection to the application however a condition is required which states that at no time can the site be used on a commercial basis as this would require improvements to the access arrangements.

3. REPRESENTATIONS 3.1 NEIGHBOURS: All properties sharing a common boundary with the application site would normally be consulted on an application of this nature. However, there are no adjoining neighbours and so a site notice was displayed.

3.2 WENTLOOGE COMMUNITY COUNCIL: Wentlooge Community Council are generally supportive of this application, but make the following comments:  Access/Egress: no means of access is indicated to/from the application site. Is the access to be via/adjacent to Greenacres' entrance? It is noted that the larger area of land is in one ownership (Certificate B) so will access be across this land and how will it be achieved?  Parking: no off road parking (area) is indicated for vehicles - either for cars or horseboxes;  Shelter and facilities: no shelter, feed or water facilities have been indicated;  Containment: there appear to be few hedges and no fences on site now - how are the horses to be contained?  C1 flood zone: assessment item 13 has been filled in as 'no', whereas the application site is located in an undefended C1 flood zone by virtue of its proximity to Peterstone Gout - is there/should there be an escape plan for people/horses ?  Conditions: all the above items should be made the subject of conditions of any Planning Consent.

4. RELEVANT SITE HISTORY None relevant

5. ASSESSMENT 5.1 This application seeks full planning permission for the change of use of agricultural land to an equestrian use. The application site consists of a small field with an area of 0.3 hectares located within the Gwent Levels and near to Greenacre Farm, Coast Road. It is located outside of the settlement boundary, in an Archaeologically Sensitive Area, Green Wedge, a Special Landscape Area, the Gwent Levels – St Brides SSSI, a landscape of outstanding historic interest, flood zone C1 and the undeveloped Coastal Zone.

5.2 It is proposed to use the field for the keeping of horses for personal use by the applicant. The applicant has indicated that open strip fencing not exceeding 1.8m in height is proposed to enclose the field. Access would be obtained from an existing access off Coast Road to the South East of the site, the applicant has stated that they have use of the surrounding fields to link through to this access.

5.3 Policies SP3 (Flood Risk), SP5 (Countryside), SP7 (Green Wedges), SP8 (Special Landscape Areas), GP2 (General Amenity), GP4 (v) (Highways and Accessibility), GP5 (ii) (Natural Environment), CE4 (Historic Landscape, Parks, Gardens and Battlefields), CE6 (Archaeology), CE9 (Coastal Zone) and CF7 (i) (Horse Related Development) of the Newport Local Development Plan 2011-2026 are relevant to the determination of this application.

5.4 Policy SP5 states that development will only be permitted where the use is appropriate in the countryside, respects the landscape character and biodiversity. Policy SP7 states that development which prejudices the open nature of the land will not be permitted. Policy SP8 states proposals will be required to contribute positively to the area through high quality design, materials and management schemes. Policy CE4 states that landscapes of special historic interest should be protected, conserved and enhanced. Policy CF7 (i) states that horse related development both recreational and commercial will be permitted provided that the scale, design, siting and materials do not detract from the character and appearance of the locality.

5.5 It is considered that the use of the field for equine use would not detract from the appearance of the surrounding area or the openness of the countryside. Horse use, whilst not an agricultural practice, is a more rural activity and it is therefore considered to be an appropriate use in the countryside. The applicant proposes to construct open strip fencing around the boundary of the field. The precise details of this would be required through a condition however an open style of fence is considered to maintain the open nature of the area. The proposal is considered to be in accordance with policies SP5, SP7, SP8 and CF7.

5.6 Policy GP2 states that development will not be permitted where is has a significant adverse effect on local amenity in terms of noise, disturbance, overbearing, light, odours and air quality. Development will not be permitted which is detrimental to the visual amenity. Proposals should seek to design out crime and anti-social behaviour, promote inclusion and provide adequate amenity for future occupiers.

5.7 The nearest residential property is around 150m from the application site. This is the farmhouse associated with Greenacre Farm. Given the nature of the development it is not considered that it would cause any harm to residential amenity in terms of noise, disturbance, odours or air quality.

5.8 Policy GP4 (v) states that development proposals should provide suitable and safe access arrangements. The applicant has shown that access would be gained via an existing access point off Coast Road; and has indicated that they have use of the surrounding fields to link to this access point. The Head of Streetscene and City Services (Highways Engineer) has no objection to the proposal on the basis that the use remains as personal use. The Highways Engineer requires a condition to restrict the use of the site on a commercial basis as this would require improvements to the access arrangements. A condition is attached.

5.09 Policy CE6 states that development proposals will be required to undertake an archaeological impact assessment where ground works and/or the installation of services are proposed within the Archaeologically Sensitive Area. As the proposal does not involve any such works archaeological assessment is not required.

5.10 The application site is also located within the undeveloped coastal area. Policy CF9 seeks to restrict inappropriate development in these areas including major development in order to protect the coastal area from increased risk of erosion, flooding or instability. It is not considered that the proposed development is inappropriate as it commands a rural location. Matters of flood risk are discussed in paragraph 5.11, which concludes the risk of flooding is acceptable. It is not considered that the proposed development would give any cause for concern over coastal erosion or land instability.

5.11 The application site lies entirely within flood Zone C1. Natural Resources Wales (NRW) Flood Map information confirms the site to be within the 0.5% (1 in 200 year) and 0.1% (1 in 1000 year) annual probability tidal flood outlines of the Severn Estuary.

5.12 Given the scale of the proposed development (and in the absence of a flood consequence assessment) NRW consider the risk could be acceptable subject to the developer being made aware of the potential flood risks. An informative advising the applicant of this is attached.

5.13 Policy GP5 (ii) states that development will be permitted where the proposal demonstrate how they avoid, or mitigate and compensate negative impacts to biodiversity, ensuring that there are no significant adverse effects on areas of nature conservation interest including International, European, National, Welsh Section 42 and local protected habitats and species and protecting features of importance for ecology.

5.14 NRW advise that only inert materials should be used in any ground preparation works involving imported material. As no ground works are proposed this is not considered to be relevant. They also advise that measures are taken to ensure that only water of appropriate quality and quantity enter the watercourses of the SSSI. As the proposal does not necessitate any drainage measures this is not considered to be relevant.

5.15 The application site is bordered by field ditches. NRW discourage the planting of new hedgerows along reens and ditches as this shades out aquatic plants and invertebrates. The applicant does not propose such planting although open strip fencing is proposed. The precise detail of this is required through a condition however, an open style of fence is not considered to cause shading of the field ditches. NRW recommend that a further condition to ensure there is no dumping storage or spreading of materials occurs within 7m of the field ditched; this condition is attached.

5.16 Wentlooge Community Council are generally supportive of the proposals however they raise concerns regarding access and egress from the site, parking, the containment of horses and flood risk, these matters are addressed above. They also query what shelter or feed facilities are proposed. The applicant has not indicated that any structures to shelter horses are proposed, should these be required a further planning application would be required. Feed structures are generally not considered to be development.

7. CONCLUSION 7.1 The proposed development is considered to be acceptable and in accordance with policies SP3, SP5, SP7, SP8, GP2, GP4, GP5, CE4, CE6, CE9 and CF9 of the Newport Local Development Plan 2011-2026. Planning permission is granted with conditions.

8. DECISION

GRANTED WITH CONDITIONS

01 The development shall be implemented in accordance with the following plans and documents: site location plan (as amended 20 July 2015). Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

Pre –occupation conditions

02 Prior to the first use of the development hereby approved details of the boundary treatment shall be submitted to and approved in writing by the Local Planning Authority. The boundary treatment shall be constructed in accordance with the approved details. Reason: To protect the openness of the countryside and Green Wedge.

General conditions

03 There shall be no dumping, storage or spreading of materials within 7 metres of a field ditch during construction or operation. Reason: In order to safeguard the special interests of the SSSI.

04 The development hereby approved shall not operate as a commercial enterprise. Reason: In the interests of highway safety.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies SP3, SP5, SP7, SP8, GP2, GP5, CE4, CE9 and CF9 were relevant to the determination of this application.

03 The applicant is advised that the application site is within flood zone C1. You should investigate future flood evacuation plans to safeguard yourself and livestock.

APPLICATION DETAILS

No:18 15/0670 Ward: MARSHFIELD

Type: FULL

Expiry Date: 02-AUG-2015

Applicant: P & S BURKE

Site: 15, THE MEADOWS, MARSHFIELD, CARDIFF, CF3 2AY

Proposal: TWO STOREY SIDE AND SINGLE STOREY REAR EXTENSIONS

DECISION GRANTED WITH CONDITIONS

1. CONSULTATIONS 1.1 GLAMORGAN GWENT ARCHAEOLOGICAL TRUST: No objection.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection.

3. REPRESENTATIONS 3.1 NEIGHBOURS: All properties with a common boundary were consulted (three addresses). No representations were received.

3.2 MARSHFIELD COMMUNITY COUNCIL: No objection.

4. RELEVANT SITE HISTORY

01/0227 ERECTION OF DETACHED GARAGE Granted with Conditions

5. ASSESSMENT 5.1 This application seeks permission for the erection of a first floor side extension and single storey rear extension at the detached property in the Marshfield Ward.

5.2 The proposed rear extension would project 3.7 metres from the rear elevation of the existing property and span the entire width of the property. It would measure 3.0 metres to the ridge of the mono-pitched roof and 2.1 metres to the eaves.

5.3 It is proposed to insert 4no. roof lights into the roof slope and 2no. circular windows into the west side elevation. The extension would be constructed from materials to match those of the existing dwelling.

5.4 The proposed first floor side extension would be constructed over the existing single storey side element and measure a maximum of 7.3 metres in height to the ridge of the pitched roof, 5.0 metres to the eaves. It would measure 8.8 metres in depth and 2.8 metres in width. It would project 1.0 metre forward of the front elevation of the existing property, in line with the ground floor element, creating a gable feature. No set down in proposed. It is proposed to insert 3no. windows in the front and rear elevations at first floor level of the proposed extension and an additional 2no. windows in the ground floor rear elevation.

5.5 Policies GP2 (General Amenity) and GP6 (Quality of Design) of the Newport Local Development Plan 2011-2026 (Adopted January 2015) are relevant to the determination of this application.

5.6 The proposed single storey extension by virtue of its size and location would not have an unacceptable impact on neighbouring properties in terms of overbearing and loss of light. It is also considered that the design of the proposed extension is in keeping with the character and appearance of the area, and whilst being visible from a public footpath to the west of the site, would not have a detriment to the street scene.

5.7 The proposed first floor side extension by virtue of its location, would not have an unacceptable impact on the amenity of neighbouring properties in terms of overbearing impact or loss of light. Front extensions are generally unacceptable as they are highly prominent and can disrupt the appearance of the street scene and appear incongruous. However, given the location of the property within a row of three properties, all of differing styles with forward projecting features, it is not considered that the proposed extension would unacceptably incongruous or disrupt the character of the street scene.

7. CONCLUSION 7.1 it is considered that the proposed extensions, by virtue of their design and location, would not have an unacceptable impact on the character and appearance of the area or the amenity of surrounding occupiers and they are therefore acceptable.

8. DECISION

GRANTED WITH CONDITIONS

01 The development shall be implemented in accordance with the following plans and documents: Proposed Plans and Elevations. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

General conditions

02 The external surfaces of the extensions hereby permitted shall only be of materials to match those of the existing building. Reason: To ensure the development is completed in a manner compatible with its surroundings.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2 and GP6 were relevant to the determination of this application.

APPLICATION DETAILS

No:19 15/0755 Ward: MARSHFIELD

Type: DISCHARGE CONDITIONS

Expiry Date: 18-AUG-2015

Applicant: RPS

Site: LAND TO WEST AND NORTH OF SWN Y MOR FARM, BROADSTREET COMMON, PETERSTONE WENTLOOGE, CARDIFF

Proposal: PARTIAL DISCHARGE OF CONDITION 2 (MONITORING) RELATING TO PLANNING PERMISSION APPEAL REFERENCE APP/G6935/A/99/513442 FOR A PRIVATE EQUESTRIAN FACILITY INCORPORATING MANEGE AND RIDING TRACK

DECISION APPROVED

1. CONSULTATIONS 1.1 NATURAL RESOURCES WALES: No objection.

1.2 CALDICOT AND WENTLOOGE LEVELS INLAND DRAINAGE BOARD: No observations received.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF LAW AND REGULATION (POLLUTION): Commented that they have no observations to make.

2.2 HEAD OF STREETSCENE AND CITY SERVICES (ECOLOGY): Commented that the monitoring will need to be continued.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY

98/1312 DEVELOPMENT OF PRIVATE EQUESTRIAN Allowed at RECREATIONAL FACILITY (INCORPORATING MENAGE Appeal AND RIDING TRACK)

5. ASSESSMENT 5.1 This application seeks to partially discharge Condition 2 (Water Monitoring) of the above appeal decision for a private equestrian facility at Swn Y Mor Farm, Broadstreet Common in Peterstone.

5.2 The condition was imposed by the inspector in the interests of water quality and stated that prior to the development taking place, details of a scheme for the monitoring of the effect of the development on the Gwent Levels SSSI, both during the construction phase and in the long-term, shall be submitted to the Local Planning Authority for approval. The results of the monitoring shall be made available for inspection by the Local Planning Authority at all times with the results of each 12 months monitoring to be submitted to the Local Planning Authority.

5.3 No objections have been received and therefore the information received is considered to be acceptable.

7. CONCLUSION 7.1 The details submitted to partially discharge the condition are acceptable and the application is approved.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: Water Quality Survey – First Quarter Year Eleven

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted May 2006). No policies were relevant to the determination of this application.

APPLICATION DETAILS

No:20 13/0307 Ward: MARSHFIELD

Type: FULL

Expiry Date: 07-JUL-2013

Applicant: MRS POWELL

Site: CALON COTTAGE, 210, MARSHFIELD ROAD, CARDIFF, CF3 2TU

Proposal: DEMOLITION OF EXISTING GARAGE AND ERECTION OF DORMER BUNGALOW

DECISION REFUSED

1. CONSULTATIONS 1.1 CALDICOT AND WENTLOOGE LEVELS DRAINAGE BOARD: The site is located outside the Board’s operational area but well within the catchment. The development has the potential to have direct effect on the Board’s operational interests and could also place other properties and land at increased flood risk. Marshfield is a very sensitive area it has a history of surface water ponding around Church Lane.

The Board understand that the development intends to connect to the surface water sewer however the potential increase in impermeable footprint of the existing building will increase run off elsewhere and as such the Board recommends the provision of sustainable drainage systems to accommodate for the increased surface water runoff and make a betterment of the current situation.

No additional surface water runoff is allowed into ordinary watercourses without prior consent from the relevant authority under the terms of the Land Drainage Act 1991 and the Flood and Water Management Act 2010.

Very high ground water levels are experienced in this general area, which may well adversely affect any surface water drainage arrangements put in place. Therefore it is advised: 1. The area of Caldicot & Wentlooge Levels is a Natural Flood Plain and whilst every effort will continue to be made to guard against and to alleviate flooding, no guarantee can be given against the worst effects of abnormal weather and tidal conditions. 2. Compliance with the recommendations in the following Report: TAN 15 – Development and Flood Risk Areas 2004 3. Height of highest recorded tide 8.4m AOD Approximate ground level of development 8.0m AOD It should be noted that Global Warming and Tectonic Changes (Isostatic Compensation etc) will affect the 1:200 year tide level (of 8m AOD by + 170mm over the next 34 years (5mm approx.).

Current and future developers/owners should be made aware of the risks associated within the area being considered.

1.2 DWR CYMRU – WELSH WATER: Recommend condition which require foul and surface water flows to be discharged separately from the site; and to prevent surface water runoff or land drainage from entering the public sewerage system.

1.3 GLAMORGAN GWENT ARCHAEOLOGICAL TRUST: No objection. The Historic Environment Record notes no recorded archaeological features within the area of the proposed development itself. The area is located within the village of Marshfield, parts of which lie in the interface between the alluvial and solid geology and have archaeological potential. Archaeological evaluation on nearby sites, such as at nearby Blacktown, has shown that in the vicinity there are medieval and post-medieval remains, however, given that the proposed development is for alterations within a similar footprint and, studying the supporting information, on ground that that has already been disturbed, it is unlikely that the archaeological resource would be adversely affected by the continuance of the work.

1.4 NATURAL RESOURCES WALES: The proposed development lies within Zone C1 as defined by the Welsh Government’s Development Advice Map (DAM) referred to in Technical Advice Note 15: Development and Flood Risk (TAN15). Our flood map information, which is updated on a quarterly basis, confirms the site to be within the 1 in 1000 year (0.1%) event tidal flood outlines for the Severn Estuary.

We note that the applicant has produced a basic Flood Risk Statement. We wish to highlight that the Flood Risk Statement does not include any detailed flood level information.

However, we have reviewed information which is available to us in Cardiff’s Strategic Flood Consequences Assessment (SFCA) prepared by Atkins Ltd in support of their Local Development Plan (LDP) development work. The SFCA (prepared by Atkins) has considered the most up to date tide level data, defence heights, and climate change advice (i.e. ‘lifetime of the development’).

The SFCA has considered a breach of the sea wall defences along the Severn Estuary. Although the SFCA has not specifically assessed flooding at the proposed development site, it does encompass a broad level assessment.

Based on the results of the SFCA we can confirm that the proposed development site is not located within the 2113 flood outlines during a 1 in 200 and 1 in 1000 tidal flood event. The results of Cardiff’s SFCA indicate that the site would be flood free during a 1 in 200 year (including an allowance for climate change) flood event. We therefore have no objection to the proposed development.

We also note that the applicant has signed up to the Floodline Warnings Direct service and has considered an evacuation plan.

1.5 WALES AND WEST UTILITIES: Advise of apparatus in the area.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF LAW AND REGULATION: No objection subject to conditions requiring a control on hours of construction and details of dust mitigation measures.

2.2 PLANNING CONTRIBUTIONS MANAGER: Commuted sum payments for affordable housing will be sought on sites of fewer than 10 dwellings within the settlement boundary of Caerleon and rural Newport (based upon 40% provision). The final agreed methodology for calculating these payments will be set out within a revised SPG on Planning Contributions, currently being prepared and expected to be adopted by Summer 2015. Commuted sum payments for affordable housing will not be required on planning applications ‘determined’ prior to the ‘adoption’ of this revised guidance. If your application is determined post adoption of the revised SPG, it will be assessed against this revised guidance and become subject to possible commuted sum payments, irrespective of the date of submission of the application.

2.3 HOUSING DEVELOPMENT MANAGER: There is a policy requirement for sites of fewer than 10 dwellings within the settlement boundary, or fewer than 3 dwellings within the defined village boundaries, to provide a commuted sum contribution to assist the Council in meeting its on-going requirement for affordable housing.

2.4 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): Satisfied that an adequate level of visibility in line with Manual for Streets is achievable at the site access, however, the level of visibility achievable is at an absolute minimum for posted speed limit of the road and I am of the opinion that this level of visibility is only acceptable where a vehicle can access and egress the site in a forward gear.

Reversing from the site into the highway requires a greater amount of time to execute, the minimal amount of visibility achievable from the site access and lack of forward visibility along Marshfield Road when travelling northbound towards the site means that reversing vehicles will have only a short amount of time to complete the manoeuvre to achieve a forward direction of travel. A vehicle approaching the site northbound along Marshfield Road will have limited advanced warning of an emerging vehicle due to the bend in the road and the lack of forward visibility, this results in an increased chance of collision and shunt type accidents.

Observations made by the applicant are noted which comment that new residents would reverse into the site off the highway, this is questionable and in most cases people will tend to drive in off the highway as this is the most convenient manoeuvre at that point in time. There would be no enforceable way that new and existing residents could be compelled/conditioned to reverse in off the highway to ensure a swift forward exit from the site. Furthermore even where vehicles do reverse in off the highway this will result in such manoeuvres being undertaken in close proximity to the bend in the road which as restricts forward visibility in the northbound direction.

The current property benefits from a generous parking area and sufficient room to turn vehicles within the site to enable access and egress in a forward gear. The proposed arrangement would make the situation much worse with no demonstrable betterment. In addition widening the access to cater for the existing property would only serve to move the access further towards the bend thus further reducing the available visibility.

Marshfield Road carries a significant daily volume of traffic providing a convenient link between the A48 and the B4239 (Coast Road), it is also a bus route and is observed to be frequently used by HGV’s. In view of the above comments I am unlikely to be able to support this application on the grounds of a proposed sub-standard access arrangement onto Marshfield Road.

3. REPRESENTATIONS 3.1 NEIGHBOURS: All neighbours sharing a common boundary with the application site were consulted (4 properties). 2 representations were received raising the following issue:  concerned that the proposals will include the demolition of a wall to access parking spaces serving the existing house and that this access will come off the shared driveway serving 209a and 209b Marshfield Road. This would cause more restricted viewing in both directions of traffic.

3.2 MARSHFIELD COMMUNITY COUNCIL: No comments.

4. RELEVANT SITE HISTORY

93/0307 DEMOLITION OF EXISTING BUNGALOW & Refused CONSTRUCTION OF TWO DETATCHED HOUSES 97/1203 ERECTION OF A SINGLE STOREY REAR Granted with EXTENSION conditions 98/0809 ERECTION OF A DETACHED DWELLING Refused 00/0816 ERECTION OF DORMER BUNGALOW Refused

5. ASSESSMENT 5.1 This application seeks full planning permission for the construction of a detached dwelling in Marshfield. The application site is currently occupied by a large detached bungalow with an attached double garage. It is proposed to demolish the double garage and replace it with a two bedroom detached dormer bungalow.

5.2 The site proposed for the bungalow would be approximately 10m wide. The dwelling would come to within 1m of the side elevation of the existing house, Calon; and less than 1m from the boundary of the neighbouring property 211 Marshfield Road. The site is therefore very constrained.

5.3 Planning permission has previously been refused on three separate occasions (albeit some time ago) for residential development at or adjacent to Calon. The more recent scheme (00/0816) involved the same proposal as currently being proposed. That application was refused on the grounds of inadequate access and the creation of a cramped and unacceptable form of development which would be harmful to the character of the surrounding area and the amenities of neighbour properties.

5.4 Policies GP2 (General Amenity), GP4 (Highways and Accessibility), GP6 (Quality of Design), GP7 (Environmental Protection and Public Health), H4 (Affordable Housing), H6 (Sub-division of Curtilages, Infill and Backland Development) and T4 (Parking) of the Local Development Plan 2011-2026 are relevant to the determination of this application.

5.5 Policy GP2 states that development will be permitted where: i. there will not be a significant adverse effect on local amenity, including in terms of noise, disturbance, privacy, overbearing, light, odours and air quality; ii. the proposed use and form of development will not be detrimental to the visual amenities of nearby occupiers or the character or appearance of the surrounding area; iii. the proposal seeks to design out the opportunity for crime and anti-social behaviour; iv. the proposal promotes inclusive design both for the built development and access within and around the development; v. adequate amenity for future occupiers.

5.6 Policy GP4 states that development proposals should: i. provide appropriate access for pedestrians, cyclists and public transport in accordance with national guidance; ii. be accessible by a choice of means of transport; iii. be designed to avoid or reduce transport severance, noise and air pollution; iv. make adequate provision for car parking and cycle storage; v. provide suitable and safe access arrangements; vi. design and build new roads within private development in accordance with the highway authority’s design guide and relevant national guidance; vii. ensure that development would not be detrimental to highway or pedestrian safety or result in traffic generation exceeding the capacity of the highway network.

5.7 Policy GP6 requires good quality design in all forms of development.

5.8 Policy GP7 states that development should not cause or result in unacceptable harm to health because of land contamination, dust, instability or subsidence, air, heat, noise or light pollution, flooding, water pollution, or any other identified risk to environment, local amenity or public health and safety.

5.9 Policy H4 states that for new housing sites of fewer than 10 dwellings within the settlement boundary the Council will seek a commuted sum contribution.

5.10 Policy H6 states that the sub-division of residential curtilages, infill within existing residential areas; and the development of backland to existing residential properties will only be permitted where this does not represent an over-development of land.

5.11 Policy T4 states that development will be required to provide appropriate levels of parking, within the defined parking zone, in accordance with adopted parking standards.

Design 5.12 The proposal has previously been determined as a cramped form of development which is harmful to the character of the surrounding area. This is owing to the limited separation between the proposed dwelling and the existing dwelling (Calon) and also between the boundary with the neighbouring property. There has been no change in the application site constraints in this respect. It is therefore still considered to represent a cramped and constrained development which is out of keeping with the relatively spacious form of developments in the surrounding area.

Highways 5.13 Policy GP4 requires development not to be detrimental to highway or pedestrian safety. The proposal involves utilising an existing access onto Marshfield Road. This access would serve two residential properties as a result of the proposed development. The proposal generates the need for two parking spaces and two parking spaces are required to serve the host dwelling. It is proposed to locate two spaces to serve the existing dwelling in tandem, in front of the dwelling. The two spaces to serve the proposed dwelling would be located side by side alongside the existing dwelling; the spaces would be in front of and adjacent to habitable windows of the existing dwelling.

5.14 The Head of Streetscene and City Services (Highways Engineer) is concerned that whilst the minimum visibility out of the access can be achieved, this is only acceptable if vehicles are able to access and egress the site in a forward gear. The Highways Engineer is concerned that reversing from the site into the highway requires a greater amount of time to execute, the minimal amount of visibility achievable from the site access and lack of forward visibility along Marshfield Road when travelling northbound towards the site means that reversing vehicles will have only a short amount of time to complete the manoeuvre to achieve a forward direction of travel. A vehicle approaching the site northbound along Marshfield Road will have limited advanced warning of an emerging vehicle due to the bend in the road and the lack of forward visibility, this results in an increased chance of collision and shunt type accidents.

5.15 The applicant has sought to address these concerns by suggesting the widening of the access and implying that future occupiers would reverse into the site from the highway. Neither of these options are acceptable; widening the access would bring it closer to the bend in the road, thereby reducing visibility further; and it would not be possible to enforce that future residents reverse into the site without significant burden upon the Council.

Residential Amenity 5.16 The existing garage is already positioned closely to the neighbouring property 211 Marshfield Road, with a gap of 2-2.5m between the end elevation and the shared boundary. There is around 5m between the garage elevation and the side elevation of 211 Marshfield Road. The neighbouring property has a number of windows in the side elevation facing towards the application site, although the neighbouring house is set back further from the road than the application property so not all windows directly face towards the garage. There are also two windows in the side elevation of the existing garage.

5.17 The proposed dwelling would have a very similar footprint to the existing garage. It would be marginally longer and would be closer to the shared boundary with 211 Marshfield Road; reducing the gap to less than 1m. No windows are proposed in the elevation facing towards 211 Marshfield Road and it would be no higher than the existing garage. Windows are proposed in the rear elevation however, the window closest to the neighbouring property is shown to be “fixed obscure glass”.

5.18 Whilst the proposed dwelling would be located very close to the neighbouring property this situation currently exists and is only made worse by bringing the proposed dwelling closer by around 1m. The impact is lessened by stepping a portion of the rear of the building in from the side elevation. As the proposed dwelling would be stepped forward of the neighbouring property it is not considered that it would be overly dominant. The impact on the windows in the side elevation of the 211 Marshfield Road are not considered to be significant due to the position of the proposed dwelling and the step in of the rear portion of the dwelling.

5.19 As there would be no windows in the side elevation and the window in the rear elevation closest to the neighbouring property would be fixed and obscured glazed; it is not considered that the privacy of the neighbouring occupiers would be adversely affected. A condition could be used to ensure the window in the rear elevation remains obscured and non-openable.

5.20 The proposed parking layout involves two spaces in front of and alongside two habitable windows in the existing dwelling. It is likely that future occupiers would access the new dwelling in a forward gear from Marshfield Road as this would be the most convenient manoeuvre. As such the occupier of the existing dwelling would experience headlights shining into these windows and noise from engine ignitions and doors shutting. This is not considered to be an acceptable arrangement and would be detrimental to residential amenities of the existing occupiers. This is contrary to Policies GP2 and GP7.

Drainage 5.21 The Caldicot and Wentlooge Internal Drainage Board comment that there would be an increase in the impermeable area as a result of the proposed development. This could lead to flood risk elsewhere as this part of Marshfield historically experiences surface water ponding. Welsh Water also comment that surface water should not connect with the public sewerage system. The proposed dwelling would replace an existing garage which is surrounded by hardstanding to the front and side; there is also hard landscaping to the rear. The proposed dwelling would occupy a similar footprint to the existing garage with a small extension to the side and rear where hardsurfacing is currently present. As a result it is not considered that there would be an increase in surface water runoff or the impermeable area. Conditions requiring details of surface water drainage or sustainable drainage measures are not considered to be necessary.

Flood Risk 5.22 The proposed development lies within Zone C1 as defined by the Welsh Government’s Development Advice Map (DAM) referred to in Technical Advice Note 15: Development and Flood Risk (TAN15). The applicant has prepared a Flood Consequences Assessment which is relatively basic and Natural Resources Wales (NRW) note that it does not include any detailed flood level information.

5.23 NRW has reviewed information which is available in Cardiff’s Strategic Flood Consequences Assessment (SFCA) prepared by Atkins Ltd in support of their Local Development Plan (LDP) development work. The SFCA has considered the most up to date tide level data, defence heights, and climate change advice (i.e. ‘lifetime of the development’). The SFCA has considered a breach of the sea wall defences along the Severn Estuary. Although the SFCA has not specifically assessed flooding at the proposed development site, it does encompass a broad level assessment.

5.24 Based on the results of the SFCA NRW confirms that the proposed development site is not located within the 2113 flood outlines during a 1 in 200 and 1 in 1000 tidal flood event. The results of Cardiff’s SFCA indicate that the site would be flood free during a 1 in 200 year (including an allowance for climate change) flood event. NRW therefore have no objection to the proposed development. It is also noted that the applicant has signed up to the Floodline Warnings Direct service and has considered an evacuation plan.

Archaeology 5.25 The Glamorgan Gwent Archaeological Trust advise that the Historic Environment Record notes no recorded archaeological features within the area of the proposed development itself. The area is located within the village of Marshfield, parts of which lie in the interface between the alluvial and solid geology and have archaeological potential. Archaeological evaluation on nearby sites, such as at nearby Blacktown, has shown that in the vicinity there are medieval and post-medieval remains. However, given that the proposed development is for alterations within a similar footprint and, studying the supporting information, on ground that that has already been disturbed, it is unlikely that the archaeological resource would be adversely affected by the continuance of the work.

Planning Contribution and Affordable Housing 5.26 Policy H4 requires a commuted sum payment towards affordable housing provision. The policy also states that Supplementary Planning Guidance (SPG) will clarify the methodology for calculating the sum. As the SPG has not been adopted yet no contributions are sought for this application.

7. CONCLUSION 7.1 The proposed development is not considered to be acceptable and is contrary to Policies GP2, GP4, GP6, GP7 and H6 of the Newport Local Development Plan 2011-2026. Planning permission is refused.

8. DECISION

REFUSED

01 The proposed development does not provide an off street turning facility to allow vehicles to enter and leave the site in a forward gear, which is detrimental to highway safety and contrary to policies GP4 and H6 of the Newport Local Development Plan 2011- 2026 (Adopted January 2015).

02 The proposed development would result in an unacceptable level of noise and disturbance for the occupiers of 210 Marshfield Road due to the proximity of parking spaces to habitable windows. Their position would be detrimental to the residential amenities of existing occupiers and is contrary to Policies GP2 and GP7 of the Newport Local Development Plan 2011-2026 (Adopted January 2015).

03 The proposed development is of a poor design that would result in a cramped and inappropriate form of development which would be out of keeping with the character of the surrounding area. This is contrary to Policy GP6 of the Newport Local Development Plan 2011-2026 (Adopted January 2015).

NOTE TO APPLICANT

01 This decision relates to plan Nos: BEE9/a, 9/1, 9/2, 9/3/a, 9/4, 9/5/a, 9/6/d, W131094/A/01, W131094/AT/A01, W131094/AT/A02, Flood Consequences Assessment (7 June 2013) and Design and Access Statement (February 2013).

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2, GP4, GP6, GP7, H4, H6 and T4 were relevant to the determination of this application.

03 The proposed development (including any demolition) has been screened under the Environmental Impact Assessment Regulations and it is considered that an Environmental Statement is not required.

APPLICATION DETAILS

No:21 15/0655 Ward: PILLGWENLLY

Type: ADVERT CONSENT

Expiry Date: 24-AUG-2015

Applicant: SMYTHS TOYS LTD

Site: UNIT 4 MENDALGIEF RETAIL PARK, DOCKS WAY, NEWPORT, NP20 2NY

Proposal: INSTALLATION OF 2NO. INTERNALLY ILLUMINATED FASCIA SIGNS

DECISION GRANTED WITH CONDITIONS

1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY None.

5. ASSESSMENT 5.1 This application seeks consent for the installation of 2no. internally illuminated fascia signs at the retail unit within Mendalgief Retail Park in the Pillgwenlly ward.

5.2 1no.fascia sign would be installed on the front elevation of the unit above the existing entrance. It would measure 11.4 metres in length and 3.8 metres in height. It would be located 4 metres above ground level. It would have a blue background with the company logo in red and yellow and be internally illuminated.

5.3 The other proposed fascia sign would be located on the side elevation of the unit facing onto Docks Way. It would be 5.0 metres above ground level. It would measure 6 metres in length and be 2 metres in height. It would have the same appearance as the fascia sign to the front of the unit and also be internally illuminated.

5.4 Policies GP6 (General Amenity) and GP6 (Quality of Design) of the Newport Local Development plan 2011-2026 (Adopted January 2015) are relevant to the determination of this application.

5.5 The advertisements are in keeping with those found elsewhere on the retail park and no objections have been raised on the grounds of highway safety. The adverts are therefore considered to be acceptable.

7. CONCLUSION 7.1 The advertisements are considered to be acceptable as they do not have an adverse impact on amenity or public safety and are in accordance with policies GP2 and GP6 of the Newport Local Development Plan.

8. DECISION

GRANTED WITH CONDITIONS

01 The development shall be implemented in accordance with the following plans and documents: Proposed Elevation Sign, Sign A and Sign B. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2 and GP6 were relevant to the determination of this application.

APPLICATION DETAILS

No:22 15/0640 Ward: ROGERSTONE, GRAIG

Type: FULL

Expiry Date: 28-JUL-2015

Applicant: PRICE

Site: PLOT 21 PHASE H3 JUBILEE PARK DEVELOPME, TREGWILYM ROAD, ROGERSTONE, NEWPORT

Proposal: SUBSTITUTION OF HOUSE TYPE, ALTERATION TO APPROVED DWELLING TO INCLUDE THE ERECTION OF A REAR CONSERVATORY

DECISION GRANTED WITH CONDITIONS

1. CONSULTATIONS 1.1 No external consultation was undertaken.

2. INTERNAL COUNCIL ADVICE 2.1 No internal Council advice was sought.

3. REPRESENTATIONS 3.1 NEIGHBOURS: A site notice was posted 9th June 2015. No representations were received.

3.2 GRAIG COMMUNITY COUCIL: No response.

3.3 ROGERSTONE COMMUNITY COUNCIL: No response.

4. RELEVANT SITE HISTORY 12/0886 COMPREHENSIVE REDEVELOPMENT OF FORMER Granted with ALUMINIUM FACTORY COMPLEX TO CREATE A NEW Conditions NEIGHBOURHOOD CONTAINING:- A RANGE OF NEW HOMES INCLUDING HOUSES, APARTMENTS AND SOME SHELTERED ACCOMMODATION FOR THE ELDERLY (C2 AND C3), - A NEW PRIMARY SCHOOL (D1), - A LOCAL CENTRE INCLUDING SHOPS (A1), SPACE FOR OFFICES (B1), COMMUNITY FACILITIES (D1), A CLINIC OR SURGERY (D1), PHARMACY (A1) AND HEALTH AND LEISURE FACILITIES (D2), - A RESTAURANT AND PUB (A3) TOGETHER WITH A LODGE OR HOTEL (C1), - A NETWORK OF OPEN SPACES INCLUDING PARKLAND, FOOTPATHS, SPORTS PITCHES AND AREAS FOR INFORMAL RECREATION, - NEW ROADS, PARKING AREAS, ACCESSES AND PATHS, - OTHER ANCILLARY USES AND ACTIVITIES AND REQUIRING – SITE CLEARANCE TREATMENT AND PREPARATION, THE INSTALLATION OR IMPROVEMENT OF SERVICES AND INFRASTRUCTURE, THE IMPROVEMENT OF FLOOD DEFENCES AND THE CREATION OF NEW WATER BODIES AND DRAINAGE CHANNELS, IMPROVEMENTS/WORKS TO THE HIGHWAY NETWORK AND OTHER ANCILLARY WORKS AND ACTIVITIES, AFFECTING PUBLIC RIGHTS OF WAY 406/58, 406/54, 393/101 AND 406/5 (OUTLINE ACCOMPANIED BY AN ENVIRONMENTAL STATEMENT) 14/1090 RESERVED MATTERS APPLICATION RELATING TO Approved & ACCESS, APPEARANCE, LANDSCAPING, LAYOUT AND conditions SCALE ON PARCEL H3 AND H5 (PART) FOR THE ERECTION OF 125 DWELLINGS TOGETHER WITH ASSOCIATED WORKS, RELATING TO PLANNING PERMISSION 12/0886

5. ASSESSMENT 5.1 This application seeks planning permission for the substitution of house type to alter the approved dwelling, allowing for the erection of a conservatory at Plot 21, Phase H3 of the Jubilee Park Development Site. The property is yet to be constructed.

5.2 The plot in question is a 2No bedroom, semi-detached property with an 8.5-9m deep garden at the rear and 2No parking spaces to the front. It is proposed to erect a rear conservatory to the rear elevation measuring 3.82m in depth, 3.83m in width, 2.4m to the eaves and 3.23m to the ridge. There would be a 3-pane window to the north facing side elevation (above a dwarf wall), a set of patio doors with window on the rear elevation and a blank south facing side elevation. It would have a hipped end, pitched roof conservatory roof with brickwork walls to match the walls of the host property.

5.3 The approved layout plan for the dwellings in this phase (plan reference 1386-TP-01 rev.F of application 14/1090) shows that the boundary treatments to both side boundaries of the plot would be a 1.8m high close boarded fencing.

5.4 Policies GP2 and GP6 are of the Newport Local Development Plan 2011-2026 (Adopted January 2015) are relevant to the determination of this application. It is considered that the scale and design of the proposed conservatory, and its siting on the rear elevation would mean that it is suitable in relation to the host dwelling and the surrounding street scene.

5.5 It is also concluded that adequate outdoor amenity space would be retained at the property. In relation to the impact on residential amenity, the scale of the conservatory would prevent an overbearing impact on the neighbouring properties. In relation to daylight, it is common planning practice to assess a scheme by taking two 45° splays (one in plan view and one in elevation view) from the nearest opening of the neighbouring properties. Where an extension would breach both of these splays, it can be concluded that the scheme would have an unacceptable impact on daylight levels at the neighbouring property. In this instance the proposal passes both tests in relation to its impact on plot 22, and fails only the plan view test in relation to plot 20. It is therefore concluded that the proposed additional conservatory would not result in a detrimental impact on daylight to the neighbouring properties.

5.6 Whilst there is an opening to be provided in the side elevation of the proposed conservatory, facing on to plot 22, the provision of the 1.8m high close boarded fencing along the boundary and the distance of the conservatory from the boundary would prevent a loss of privacy to the neighbouring property.

7. CONCLUSION 7.1 It is concluded that the design and impact of the proposed extension would be acceptable. Planning permission is therefore granted with conditions.

8. DECISION

GRANTED WITH CONDITIONS

01 The development shall be implemented in accordance with the following plans and documents; Existing and proposed elevations and plans, Site Location Plan, Block Plan and Design and Access Statement. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

Pre –occupation conditions 02 The boundary treatments of the dwelling hereby approved shall be provided in accordance with the details approved under application 14/1090 prior to occupation of the dwelling and shall be maintained as such thereafter. Reason: To ensure adequate security and privacy and that the property is completed in a compatible manner to its surroundings.

03 Prior to occupation of the dwelling hereby approved, the 2No parking spaces (as identified on the approved block plan) shall be provided and kept available for such use at all times thereafter. Reason: To ensure sufficient off-street car parking is provided in the interests of highway safety.

General conditions 04 The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Consequences Assessment (FCA) (Flood Consequences Assessment, reference 128581 Issue 1, Revision B, dated January 2013, produced by ARUP) and the mitigation measures detailed within Section 7 and Figure 12 of the FCA – approved as part of outline planning permission 12/0886. Reason: To reduce the risk of flooding to the proposed development and future occupants and prevent the risk of flooding elsewhere by ensuring that compensatory measures are implemented to the satisfaction of the Authority.

05 The external surfaces of the dwelling and conservatory hereby approved shall be finished in materials that have previously been approved under application 14/1090. Reason: To ensure the development is completed in a manner compatible with its surroundings.

06 The dwelling shall be constructed in full accordance with the foul and surface drainage scheme approved by the Local Planning Authority under application 14/1090. Reason: To ensure adequate drainage is provided, to prevent pollution to the water environment and increase flood risk elsewhere.

07 Any additional or unforeseen contamination encountered during the development shall be notified to the Local Planning Authority as soon as is practicable. If considered necessary by the Local Authority additional investigation data and suitable revision of the remediation strategy shall be submitted to and approved in writing by the Local Planning Authority and the revised strategy shall be fully implemented prior to further works continuing. Reason: To ensure that any potential risks to human health or the wider environment which may arise as a result of potential land contamination are satisfactorily addressed.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2 and GP6 were relevant to the determination of this application.

02 The original planning permission (12/0886) is subject to a legal agreement under section 106 of the Town and Country Planning Act 1990.

03 Consideration has been had to the originally approved development as part of the wider Jubilee Park development, which was EIA development and accompanied by an Environmental Statement. Due to the minor nature of the proposed development (including any demolition) and having regard to the location of the site in relation to sensitive areas, it is considered that the proposals would not have the potential for additional environmental effects over and above those of the originally approved development and so did not need to be screened under the Environmental Impact Assessment Regulations.

APPLICATION DETAILS

No:23 15/0818 Ward: SHAFTESBURY

Type: DISCHARGE CONDITIONS

Expiry Date: 31-AUG-2015

Applicant: MALPAS BROOK HEALTH CENTRE

Site: MALPAS BROOK HEALTH CENTRE, 107, MALPAS ROAD, NEWPORT, NP20 5PJ

Proposal: PARTIAL DISCHARGE OF CONDITION 3 (PLANTING) OF PLANNING PERMISSION 14/0711 FOR THE ERECTION OF A TWO STOREY SIDE EXTENSION TO PROVIDE ADDITIONAL CONSULTANCY ROOMS AND STORAGE SPACE, INCLUDING AMENDMENTS TO PORCH TO IMPROVE DISABLED ACCESS

DECISION: APPROVED

1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE (TREE OFFICER): No objection.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY

14/0711 TWO STOREY SIDE EXTENSION TO PROVIDE Granted with ADDITIONAL CONSULTANCY ROOMS AND Conditions STORAGE SPACE, INCLUDING AMENDMENTS TO PORCH TO IMPROVE DISABLED ACCESS

15/0818 PARTIAL DISCHARGE OF CONDITION 3 Approved (PLANTING) OF PLANNING PERMISSION 14/0711 FOR THE ERECTION OF A TWO STOREY SIDE EXTENSION TO PROVIDE ADDITIONAL CONSULTANCY ROOMS AND STORAGE SPACE, INCLUDING AMENDMENTS TO PORCH TO IMPROVE DISABLED ACCESS

5. ASSESSMENT 5.1 This application seeks to partially discharge condition 3 relating to planting of the above planning permission. The condition states:

Before the development, other than demolition, is commenced, written approval of the Local Planning Authority is required for tree planting for the site (indicating the number, species, heights on planting and positions of all trees) and a native buffer to be planted along the top of the bank adjacent to the pill/brook to act as ecological enhancement. The approved scheme shall be carried out in its entirety by a date not later than the end of the full planting season immediately following the completion of that development. Thereafter, the trees shall be maintained for a period of 5 years from the date of planting in accordance with an agreed management schedule. Any trees which die or are damaged shall be replaced and maintained until satisfactorily established. For the purposes of this condition, a full planting season shall mean the period from October to April. Reason: To safeguard the rights of control of the Local Planning Authority in these respects and to ensure that the site is landscaped in a satisfactory manner and in the interests of biodiversity due to the sites location.

5.2 The applicant has previously provided details to discharge the condition but it is intended to change the type of tree and the positioning. Previously 2no cherry trees were proposed but the applicant is concerned that the type and siting of these trees could impede on an existing retaining wall. As such it is intended to plant 4no dwarf fruit trees instead. The Council’s Tree Officer confirms this is acceptable.

7. CONCLUSION 7.1 The information submitted to partially discharge the condition is acceptable and the application is approved.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan no. 1311-08-B.

02 The development plan for Newport is the Newport Unitary Development Plan 1996 – 2011 (Adopted May 2006). No Policies were relevant to the determination of this application.

APPLICATION DETAILS

No:24 15/0600 Ward: STOW HILL

Type: FULL

Expiry Date: 09-AUG-2015

Applicant: P MITCHELL

Site: PLOT R7 NEWPORT CITY CENTRE REDEVELOPMENT SITE, KINGSWAY, NEWPORT

Proposal: INSTALLATION OF SHOPFRONT

DECISION GRANTED WITH CONDITIONS

1. CONSULTATIONS 1.1 NEWPORT ACCESS GROUP: No response.

2. INTERNAL COUNCIL ADVICE 2.1 No internal Council advice was sought.

3. REPRESENTATIONS 3.1 NEIGHBOURS: None

3.2 SITE NOTICE: Displayed 23rd June 2015.

4. RELEVANT SITE HISTORY 15/0599 DISPLAY OF 5NO. INTERNALLY ILLUMINATED FASCIA Granted with SIGNS, 7NO. BREEZE SCREEN ADVERTISEMENTS, 2NO. Conditions INTERNALLY ILLUMINATED MENU BOXES AND WINDOW VINYLS

5. ASSESSMENT 5.1 This application seeks planning permission for the installation of shopfront at the site of the future Chiquito restaurant, Friars Walk, Newport. The unit would be located within the Usk Plaza section of the development.

5.2 The shopfront would have a dual aspect given its location fronting on to both Usk Plaza and the walkway through to the centre’s car park. The shopfront would be constructed of an iron grey powder coated aluminium frame. The Usk Plaza elevation would include a 4 pane window to the left hand side, a central doorway, with fanlight above and slender window to the right, and a 3 pane bi-folding door to the right hand side. The elevation facing on to the car park walkway would consist of a single, large window pane within the opening.

5.3 Policies GP2 and GP6 of the Newport Local Development Plan 2011-2026 (adopted January 2015) are of relevance to the determination of this application.

5.4 It is considered that the modern appearance of the shopfront proposed would be in keeping with the surrounding Friars Walk development. The materials proposed are durable and appropriate in this location. There are no concerns regarding the impact of the proposed shopfront on visual amenities in the street scene. Overall, the design is considered suitable and welcome in its context.

7. CONCLUSION 7.1 Having regard to the aforementioned policies of the Local Development Plan, it is concluded that the design and impact of the proposed extension would be acceptable. Planning permission is therefore granted with conditions.

8. DECISION

GRANTED WITH CONDITIONS

01 The development shall be implemented in accordance with the following plans and documents; TB_15_1176_503 rev.00, Site Location Plan and Design and Access Statement. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2 and GP6 were relevant to the determination of this application.

______

APPLICATION DETAILS

No:25 15/0642 Ward: STOW HILL

Type: FULL

Expiry Date: 04-AUG-2015

Applicant: J HEALEY

Site: FLAT 12 KINGSHILL COURT, STOW HILL, NEWPORT, NP20 4DT

Proposal: REPLACEMENT OF 2NO. SECOND FLOOR WINDOWS AND CREATION OF ENLARGED WINDOW OPENING

DECISION GRANTED WITH CONDITIONS

1. CONSULTATIONS 1.1 NEWPORT ACESS GROUP: No comments received.

2. INTERNAL COUNCIL ADVICE 2.1 HISTORIC BUILDING AND CONSERVATION OFFICER: No objection.

3. REPRESENTATIONS 3.1 NEIGHBOURS: All properties with a common boundary were consulted (eleven addresses). No representations received.

3.2 PRESS NOTICE (Published 20 June 2015): No representations received.

3.3 SITE NOTICE (Displayed 23 June 2015): No representations received.

4. RELEVANT SITE HISTORY None.

5. ASSESSMENT 5.1 This application seeks permission for the replacement of 2no. second floor windows including creation of an enlarged window opening at a flat within the St Woolos Conservation Area in the Stow Hill Ward.

5.2 It is proposed to replace 2no. timber casement windows with uPVC sliding sash windows at second floor level to serve the second floor flat. It is also proposed to enlarge the existing living room window from 1.39 metres in height to 1.87 metres in height. The width would remain 1.25 metres.

5.3 Policy GP2 (General Amenity), GP6 (Quality of Design) and CE7 (Conservation Areas) of the Newport local Development Plan 2011-2026 (Adopted January 2015) are relevant to the determination of this application.

5.4 The Council’s Historic Building and Conservation Officer considered that the proposal is acceptable given the limited visibility and generally modernised nature of the rear elevation of this building.

7. CONCLUSION 7.1 Due to the location of the proposed windows and the modern nature of the elevation, the proposals are considered to be acceptable as they would not detract from the character and appearance of the conservation area.

8. DECISION

GRANTED WITH CONDITIONS

01 The development shall be implemented in accordance with the following plans and documents: Proposed Window Dimensions, Annotated photograph of Living Room Window Showing Proposed Enlargement, Annotated Photograph of Rear Windows and Proposed materials. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2, GP6 and CE7 were relevant to the determination of this application.

APPLICATION DETAILS

No:26 15/0652 Ward: STOW HILL

Type: CERTIFICATE OF LAWFUL USE(PROPOSED)

Expiry Date: 20-AUG-2015

Applicant: D NASH

Site: VERONA HOUSE, 133D, STOW HILL, NEWPORT, NP20 4FZ

Proposal: LAWFUL DEVELOPMENT CERTIFICATE (PROPOSED) FOR INSTALLATION OF NEW UPVC WINDOWS AND REPAIRS TO WOODEN WINDOWS

DECISION GRANTED

1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 None.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY None.

5. ASSESSMENT 5.1 This application seeks a determination, by way of a Lawful Development Certificate, that planning permission is not required for the installation of new upvc windows and repairs to timber windows at the property in the Stow Hill ward.

5.2 It is proposed to replace 2no. timber dormer windows with upvc windows and carryout repairs to the timber windows at ground floor level.

5.3 The property is not a flat, a listed building and permitted development rights have not been removed for this property. The requirements of the Town and Country planning (General Permitted Development) (Amended) (Wales) Order 2013 are therefore considered to have been satisfied and the proposed works are considered to be permitted development.

7. CONCLUSION 7.1 The proposed alterations are considered to be permitted development in accordance with the Town and Country Planning (General Permitted Development) Order 1995 (as amended).

8. DECISION

GRANTED

Reason; The proposed alterations are considered to be permitted development in accordance with the Town and Country Planning (General Permitted Development) Order 1995 (as amended).

NOTE TO APPLICANT

01 This decision relates to plan Nos: Side Elevation and Proposed Dimensions of Windows.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application.

03 Due to the minor nature of the proposed development (including any demolition) and the location of the proposed development, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

APPLICATION DETAILS

No:27 15/0690 Ward: STOW HILL

Type: ADVERT CONSENT

Expiry Date: 03-AUG-2015

Applicant: TSB BANK PLC

Site: 149-150, COMMERCIAL STREET, NEWPORT, NP20 1TS

Proposal: DISPLAY OF 1NO. NON ILLUMINATED FASCIA SIGN, 1NO. NEW STORE DIRECTORY, 1NO. DIGITAL DISPLAY AND 2NO. VINYLS WITHIN WINDOWS

DECISION GRANTED WITH CONDITIONS

1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection.

2.2 HISTORIC BUILDING AND CONSERVATION OFFICER: No objection.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY None.

5. ASSESSMENT 5.1 This application seeks advertisement consent for the display of 1no. non illuminated fascia sign, 1no. store directory, 1 no. digital display and 2no. window vinyls at the bank located on the corner of Charles Street and Commercial Street.

5.2 The proposed fascia sign would consist of powder coated aluminium letters mounted on the existing fascia sign. They would project a maximum of 3mm, measure 120mm in height and have a total length of 1700mm.

5.3 The proposed store directory would measure 1.5 metres in height, 0.8 metres in width and would be 0.8 metres above ground level. It would be mounted behind the window and display opening times and the services offered. The directory would be located within a lightbox, illuminated by LEDs

5.4 The proposed digital display would measure 1.8 metres in height, 1 metre in wdth and be 0.25 metres deep, located 0.86 metres above ground level. It would consist of a digital display screen in tv housing.

5.5 The proposed window vinyls would be located 0.36 metres above ground level, measure 3 metres in height, be 2.65 metres wide and be adhered to the existing shop window.

5.6 Policies GP2 (General Amenity), GP6 (Quality of Design) and CE7 (Conservation Areas) of the Newport Local Development Plan 2011-2026 (Adopted January 2015) are relevant to the determination of this application.

5.7 No objections have been received from Head of Streetscene and City Services (Highways) or the Historic building and Conservation Officer. Therefore it is considered that the proposed advertisements would not have an adverse impact on highway safety or the character and appearance of the surrounding conservation area.

7. CONCLUSION 7.1 It is considered that given as the advertisements would be viewed in the context of the modern shopfront, they would not have an unacceptable impact on the street scene or conservation area, nor would they have an adverse impact on highway safety.

8. DECISION

GRANTED WITH CONDITIONS

01 The development shall be implemented in accordance with the following plans and documents: Proposed Front Elevation, Proposed Side Elevation and 1902-020 TV Unit. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2, GP6 and CE7 were relevant to the determination of this application.

APPLICATION DETAILS

No:28 15/0700 Ward: STOW HILL

Type: ADVERT CONSENT

Expiry Date: 16-AUG-2015

Applicant: S WHALEY, RIVER ISLAND CLOTHING LTD

Site: PLOT 4 NEWPORT CITY CENTRE REDEVELOPMENT SITE, KINGSWAY, NEWPORT

Proposal: DISPLAY OF INTERNALLY ILLUMINATED FASCIA SIGN

DECISION GRANTED WITH CONDITIONS

1. CONSULTATIONS 1.1 No external consultation was undertaken.

2. INTERNAL COUNCIL ADVICE 2.1 No internal Council advice was sought.

3. REPRESENTATIONS 3.1 NEIGHBOURS: None

4. RELEVANT SITE HISTORY 11/1317 DEMOLITION OF EXISTING BUILDINGS, AND Granted with REDEVELOPMENT FOR MIXED USE DEVELOPMENT Conditions INCLUDING RETAIL (USE CLASS A1), LEISURE / CINEMA (USE CLASS D2), CAFÉS AND RESTAURANTS (USE CLASS A3, EXTENSION TO EXISTING PUBLIC HOUSE (USE CLASS A3), NEW BUS STATION, LANDSCAPING AND ACCESS AND ASSOCIATED CAR PARKING 5. ASSESSMENT 5.1 This application seeks advertisement consent for the display of an internally illuminated fascia sign to the future River Island store, Friars Walk, Newport.

5.2 The advert proposed would be acrylic letters fixed to acrylic bars on the shopfront. The individual letters would spell out ‘River Island’ and would be internally illuminated with LEDs. The advert in question would measure 4.84m in width, 0.6m in height, 0.06m in depth and would be 3.2m above the level of the ground below.

5.3 Policies GP2 and GP6 of the Newport Local Development Plan 2011-2026 (Adopted January 2015) as well as Technical Advice Note (TAN) 7 (Outdoor advertisement control) are of relevance to the determination of this application. TAN 7 states that applications for advertisement consent can only consider amenity and public safety.

5.4 It is considered that the adverts would be suitably scaled and designed in relation to the host property as well as the surrounding units within the Mall. It is therefore considered that it would be acceptable in terms of amenity. Given their minor scale and height from the ground, it is not considered they would have a detrimental impact on public safety.

7. CONCLUSION 7.1 The proposed advertisement is concluded to be acceptable. Advertisement consent is therefore granted with conditions.

8. DECISION

GRANTED WITH CONDITIONS

01 The development shall be implemented in accordance with the following plans and documents; 3447-AT(03)0853 rev. P01 and 1372.14.01A. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

NOTE TO APPLICANT

01 the development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2 and GP6 were relevant to the determination of this application.

APPLICATION DETAILS

No:29 15/0703 Ward: STOW HILL

Type: FULL

Expiry Date: 20-AUG-2015

Applicant: BENN HANDLEY, PREZZO PLC

Site: PLOT R8 NEWPORT CITY CENTRE REDEVELOPMENT SITE, KINGSWAY, NEWPORT

Proposal: INSTALLATION OF SHOPFRONT

DECISION GRANTED WITH CONDITIONS

1. CONSULTATIONS 1.1 NEWPORT ACCESS GROUP: No response.

2. INTERNAL COUNCIL ADVICE 2.1 No internal Council advice was sought.

3. REPRESENTATIONS 3.1 NEIGHBOURS: None

3.2 SITE NOTICE: Posted 3rd July 2015.

4. RELEVANT SITE HISTORY 15/0810 INSTALLATION OF 2NO. INTERNALLY ILLUMINATED Undetermined FASCIA SIGNS AND 9.NO. NON ILLUMINATED WINDBREAKS

5. ASSESSMENT 5.1 This application seeks planning permission for the installation of a shopfront to the future Prezzo restaurant, Friars Walk, Newport. The unit in question will lie within the Usk Plaza, a section of the development where the restaurant and leisure uses will be based.

5.2 The unit occupies a corner plot and, as a result, has an extended shopfront curving around from Usk Plaza towards the entrance to the car park. The openings in the structure would be filled with glazed openings in grey powder coated aluminium frames. The main elevation would include a 7No pane fixed window with entrance door to the left, the central opening would include 4No panes, as would the remaining opening nearest the car park entrance. The unit would include an internal lobby behind the entrance door.

5.3 Policies GP2 and GP6 of the Newport Local Development Plan 2011-2026 (adopted January 2015) are relevant to the determination of this application. It is considered that the design of the proposed shopfront sensitively relates to the wider Friars Walk development and, as it replicates the shopfronts of the other units within Usk Plaza, it is considered that it would be appropriate in the street scene. It would be constructed of durable materials and would not result in a detrimental impact in terms of amenity.

7. CONCLUSION 7.1 It is concluded that the proposed shopfront would be acceptable in terms of design and amenity. Planning permission is therefore granted with conditions.

8. DECISION

GRANTED WITH CONDITIONS

01 The development shall be implemented in accordance with the following plans and documents; 268 P04 rev.A, BRS.6053_01, BRS.6053_02, 3447-AT(03)0641 rev.P01 and covering letter. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2 and GP6 were relevant to the determination of this application.

02 Due to the minor nature of the proposed development (including any demolition) and having regard to the location of the site in relation to sensitive areas, it is considered that the proposals would not have the potential for environmental effects and so did not need to be screened under the Environmental Impact Assessment Regulations.

______

APPLICATION DETAILS

No:30 15/0664 Ward: STOW HILL

Type: FULL

Expiry Date: 16-AUG-2015

Applicant: A. DAVIES

Site: 23, CHARLES STREET, NEWPORT, NP20 1JT

Proposal: CHANGE OF USE OF PREMISES FROM HAIRDRESSERS TO A LASER TATTOO REMOVAL AND COSMETIC CLINIC

DECISION GRANTED WITH CONDITIONS

1. CONSULTATIONS 1.1 STOW HILL COMMUNITIES FIRST: No response.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF LAW AND STANDARDS (ENV. HEALTH): No objection subject to the hours of use of the premise being restricted, due to the proximity of residential accommodation within the upper floors of the premise.

2.2 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection. The property is located within zone 1 (City Core) and is therefore in close proximity to a number of facilities, services and public transport links, off road parking is therefore not required.

2.3 HISTORIC BUILDINGS AND CONSERVATION OFFICER: No response.

3. REPRESENTATIONS 3.1 NEIGHBOURS: All neighbours which share a common boundary with the application site (17 properties) were consulted), a site notice displayed and an article published in the South Wales Argus. No responses have been received.

4. RELEVANT SITE HISTORY None relevant.

5. ASSESSMENT 5.1 This application seeks full planning permission for the change of use of part of the ground floor of 23 Charles Street from a hairdressers (Use Class A1) to a laser tattoo removal and cosmetic clinic (Use Class D1). The building is located within the Town Centre Shopping Area but outside of the primary or secondary shopping frontage. It is also within the Town Centre Conservation Area.

5.2 The proposed development consists of the conversion of the front portion of the ground floor. The rear portion would be retained as part of a residential property which also occupies the upper floors of the building. The clinic would comprise a waiting room, treatment room, utility room and toilet. No external alterations are proposed.

5.3 Policies SP9 (Conservation of the Natural, Historic and Built Environment), SP18 (Urban Regeneration), GP2 (General Amenity), CE7 (Conservation Areas), T4 (Parking) and R4 (Non-Retail Uses in Other City Centre Shopping Areas) of the Newport Local Development Plan 2011-2026 are relevant.

5.4 Policies SP9 and CE7 seeks to preserve or enhance the character or appearance of Conservation Areas.

5.5 Policy SP18 support proposals which would contribute to the vitality, viability and quality of the environment of the city centre, the provision of business opportunities in the urban area; and the re-use of vacant, underused or derelict land.

5.6 Policy GP2 states that development will be permitted where there will not be a significant adverse effect on local amenity, including noise, disturbance, privacy, overbearing, light, odours and air quality; the proposal will not be detrimental to the visual amenities of nearby occupiers or the character or appearance of the surrounding area; the proposal seeks to design out the opportunity for crime and anti-social behaviour; the proposal promotes inclusive design both for the built development and access within and around the development; and there is adequate amenity for future occupiers.

5.7 Policy T4 requires development to provide appropriate levels of parking within defined parking zone.

5.8 Policy R4 requires proposals for non retail uses in the City Centre outside of the shopping frontages to not adversely affect local residential amenity, any anticipated environmental disturbance to be mitigated through conditions or noise abatement zone controls; be accessible by public transport and any associated pedestrian movements following operating hours not to be directed through residential areas.

5.9 The application building is currently vacant; bringing it back into use is considered to maintain the vitality, viability and quality of the city centre; and as such would preserve the character of the Conservation Area.

5.10 It is not considered that the proposed use would conflict with neighbouring commercial uses which generally consist of A3 units, retail units and hair/beauty salons. The rear portion of the ground floor and the uppers floors of the application building is a residential use. Whilst it is not considered that the proposed use would generate unacceptable levels of noise, disturbance or odours the Head of Law and Standards (Environmental Health) requires the hours of operation to be restricted in order to protect the residential occupiers of the building. The Head of Law and Standards has agreed that the hours of 08:00 to 19:00 Monday to Saturday are acceptable and a condition to secure this is imposed..

5.11 The Head of Streetscene and City Services (Highways Engineer) has no objection to the proposed development as it is located within parking zone 1 (City Core) and is in close proximity to a number of facilities, services and public transport links, off road parking is therefore not required.

7. CONCLUSION 7.1 The proposed development is considered to be acceptable and in accordance with Policies SP9, SP18, GP2, CE7, T4 and R4 of the Newport Local Development Plan 2011-2026. Planning permission is granted with conditions.

8. DECISION

GRANTED WITH CONDITIONS

01 The development shall be implemented in accordance with the following plans and documents: existing and proposed floor plans, site location plan and access statement. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

Pre –occupation conditions

02 The hours of operation shall be restricted to 08:00 to 19:00 Monday to Saturday, and at no times on Sundays, Bank or Public Holidays. Outside of these hours the premises shall be vacated and closed to the public. Reason: In the interests of the amenities of occupiers of adjoining properties.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies SP9, SP18, GP2, CE7, T4 and R4 were relevant to the determination of this application.

APPLICATION DETAILS

No:31 15/0734 Ward: STOW HILL

Type: TREES IN CONSERVATION AREAS

Expiry Date: 02-AUG-2015

Applicant: THE REPRESENTATIVE BODY OF THE CHURCH IN WALES

Site: THE DEANERY, 105, STOW HILL, NEWPORT, NP20 4ED

Proposal: WORKS TO TREE T1 (SYCAMORE) WITHIN A CONSERVATION AREA

DECISION: NO OBJECTIONS

1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE (TREE OFFICER: TPOs AND PRIVATE LAND): No objection.

3. REPRESENTATIONS 3.1 NEIGHBOURS: All neighbours with a common boundary were consulted (5o. properties) and a site and notice was displayed. No response received.

3.2 WILDLIFE IN NEWPORT GROUP: No response received.

4. RELEVANT SITE HISTORY None.

5. ASSESSMENT 5.11 The application requests crown reducing the sycamore tree canopy indicated by T1 and trimming the branches back from 27 Dewsland Park Road.

5.12 The tree is in very close proximity to the building and this work is considered to be part of general maintenance work.

5.13 The proposed work is of minor nature and it is accepted that all trees require remedial work occasionally.

5.14 The aesthetic quality of the tree will not be affected and the tree does not merit a TPO.

5.15 Therefore the Council’s Tree Officer (TPOS and Private land) has no objection the proposals.

7.0 CONCLUSION 7.1. There are no objections to the application.

8.0 DECISION

NO OBJECTIONS

NOTE TO APPLICANT

01 This decision relates to the Plan received on 22 June 2015.

APPLICATION DETAILS

No:32 15/0753 Ward: STOW HILL

Type: DISCHARGE CONDITIONS

Expiry Date: 19-AUG-2015

Applicant: PAUL MITCHELL

Site: PLOT R7 NEWPORT CITY CENTRE REDEVELOPMENT SITE, KINGSWAY, NEWPORT

Proposal: PARTIAL DISCHARGE OF CONDITION 18 (ROOF PLANT) AND 19 (FUME EXTRACTION) RELATING TO UNIT R7 OF PLANNING PERMISSION 11/1317

DECISION: APPROVED

1. CONSULTATIONS 1.1 No external consultation was undertaken.

2. INTERNAL COUNCIL ADVICE 2.1 PUBLIC PROTECTION MANAGER: No objection.

3. REPRESENTATIONS 3.1 NEIGHBOURS: This discharge of condition application was treated as a ‘subsequent consent’ under the EIA Regulations and therefore a press notice to advise of the submission of information against the planning conditions attached to planning permission 11/1317 was published in the South Wales Argus on 14th March 2015. No representations were made.

5. ASSESSMENT 5.1 This application seeks to partially discharge conditions 18 (roof plant) and 19 (fume extraction) of planning permission 11/1317, as referenced above. These details relate to the Chiquito restaurant, Unit R7, Friars Walk (within the Usk Plaza section of the development).

5.2 Condition 18 states; “Prior to first occupation of each unit, details of the sound power output [in dB(A)] and octave band levels of the plant and the exact location of the plant relating to the respective unit shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved scheme. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected”.

5.3 Condition 19 states; “Fumes from the food preparation areas of any unit proposed for A3 use (as defined under the Town and Country Planning (Use Classes) Order 1987 as applicable to Wales on the date of this planning permission) shall be mechanically extracted and the extraction system shall be provided with de-greasing and de-odorising filters. Details of the extraction equipment (including scaled schematics, location plans, odour attenuation measures and future maintenance) shall be submitted to and approved in writing by the Local Planning Authority prior to its installation, and the equipment shall be installed in accordance with the approved details prior to the commencement of use for the cooking of food. The equipment shall thereafter be maintained in accordance with the approved details. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected and in the interests of visual amenities”.

5.4 Details have been provided with regards to the roof plant for the unit, as well as details of fume extraction, as required by conditions 18 and 19.

5.5 In relation to condition 18, details of the roof mounted equipment has been provided (including noise levels) as well as a location plan. The roof mounted plant would consist of; extract fan, odour control system, air handling unit, 1No AC condensers, 3No catering condensers and associated ducting. As stated in the Design and Access Statement, the roof mounted plant would be obscured from the view by the centre’s plant screen.

5.6 Details of the fume extraction details have also been provided in respect of the requirements of condition 19, consisting of a Sirius Odour Control System.

5.7 The submitted information has been reviewed by the Council’s Public Protection Manager, who has offered no objection to the partial discharge of condition.

7. CONCLUSION 7.1 The submitted information is concluded to be acceptable. This application is therefore approved.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: 3447-AT(03)0851 rev.P02, 015-013-ES rev.A, 015- 013-01 rev.F, 015-013-02 rev.B, 015-013-03 rev.C, Site Location Plan and Design & Access Statement.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application.

03 Consideration of this subsequent consent did not raise significant additional environmental matters over and above those previously considered as part of the original application, which was subject to an ES. It is therefore considered that the proposals do not need to be screened under the Environmental Impact Assessment Regulations.

APPLICATION DETAILS

No:33 15/0744 Ward: TREDEGAR PARK

Type: DISCHARGE CONDITIONS

Expiry Date: 18-AUG-2015

Applicant: S JENKINS, PERSIMMON HOMES

Site: THE BOULEVARDS DEVELOPMENT SITE, PENCARN WAY, DUFFRYN, NEWPORT, NP10 8YE

Proposal: DISCHARGE OF CONDITION 09, PART 4 (VERIFICATION PLAN) OF PLANNING PERMISSION 14/0609 FOR REDEVELOPMENT OF SITE FOR 250 DWELLINGS WITH ASSOCIATED INFRASTRUCTURE, PUBLIC OPEN SPACE AND CAR PARKING FACILITIES

DECISION APPROVED

1. CONSULTATIONS 1.1 NATURAL RESOURCES WALES: As no remediation is currently identified we are able to recommend the partial discharge of this condition to allow development to commence. As with any investigation there remains the risk of discovering unsuspected contamination during development. We would therefore advise that Part 4 is not fully discharged until development is complete and no additional contamination (or otherwise) was discovered.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD LAW AND STANDARDS (CONTAMINATION): Sufficient information has been submitted in terms of the how the works will be verified, as required by part 4 of condition 9. As there remains a risk of discovering unsuspected contamination as development proceeds, part 4 should not be fully discharged until development is complete.

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY

14/0609 REDEVELOPMENT OF SITE FOR 250 Granted with DWELLINGS WITH ASSOCIATED conditions INFRASTRUCTURE, PUBLIC OPEN SPACE AND CAR PARKING FACILITIES

5. ASSESSMENT 5.1 This application seeks the discharge of condition 9, part 4 (Verification Plan) of planning permission 14/0609 for the redevelopment of the former Panasonic factory site for 250 dwellings with associated infrastructure, public open space and car parking facilities.

5.2 The condition states “Prior to the commencement of development, other than demolition, the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved in writing by the Local Planning Authority: 1. A preliminary risk assessment which has identified: • all previous uses • potential contaminants associated with those uses • a conceptual model of the site indicating sources, pathways and receptors • potentially unacceptable risks arising from contamination at the site. 2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 3. The site investigation results and the detailed risk assessment (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express consent of the Local Planning Authority. The scheme shall be implemented as approved. Reason: To prevent risks to human health and controlled waters at this site are of high environmental sensitivity due to the proximity of the Gwent Levels Site of Special Scientific Interest (SSSI) and contamination is known/strongly suspected at the site due to the previous industrial use.

5.3 The applicant has submitted a number of reports which were approved to discharge parts 1, 2 and 3 of condition 9. These reports demonstrate that remediation work is not necessary across the site and therefore a verification plan is not applicable. Natural Resources Wales and the Head of Law and Standards are satisfied that the condition has been suitably addressed. Both consultees require the condition to be only partially discharged as there remains a risk of discovering unsuspected contamination as development proceeds. Condition 19 requires an amendment to the remediation strategy to be submitted if contamination not previously identified is found to be present. It is therefore considered that there are sufficient controls within the original consent to allow the full discharge of this condition.

7. CONCLUSION 7.1 The information submitted is considered to be acceptable and meets the requirements of the condition. The condition is discharged.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to: Preliminary Environmental Risk Assessment (Waterman, April 2013), Site Investigation Report (Integral Geotechnique, June 2013), Supplementary Site Investigation Report (Integral Geotechnique, March 2015), Gas Risk Assessment (Integral Geotechnique, August 2014), summary of required site remediation/reclamation works (Integral Geotechnique, May 2014) and Outline Remediation/Reclamation Strategy Report (Integral Geotechnique, February 2015).

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application.

APPLICATION DETAILS

No: 34 15/0626 Ward: VICTORIA

Type: FULL

Expiry Date: 30-JUL-2015

Applicant: M BEGUM

Site: 3 , LENNARD STREET, NEWPORT, NP19 0EJ

Proposal: SINGLE STOREY REAR EXTENSION

DECISION GRANTED WITH CONDITIONS

1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 None

3. REPRESENTATIONS 3.1 NEIGHBOURS: All properties sharing a common boundary were consulted (three addresses).

4. RELEVANT SITE HISTORY None

5. ASSESSMENT 5.1 This application seeks full planning permission for the erection of a single storey rear extension at 3 Lennard Street in the Victoria Ward.

5.2 The property is a terraced residential dwelling forming part of a row of similarly designed domestic properties. It is set within a curtilage comprising a small front yard and rear domestic garden. The proposal is to construct a single storey rear extension to provide a ground floor dining room and relocated kitchen and bathroom at ground floor level.

5.3 The extension would measure a depth of 3.7 metres with a width of 3 metres. It would have a height of 2.3 metres with a flat roof design. Fenestration would be comprised of a bathroom window in the north-west facing rear elevation. The extension would allow for alterations to the existing fenestration located in the north-east facing side elevation. The new dining room would have a patio door accessing the rear yard. Kitchen and lobby windows would also be installed into the side elevation.

5.4 Policies GP2 (General Amenity) and GP6 (Quality of Design) of the Newport Local Development Plan (NLDP) 2011-2026 (adopted January 2015) are relevant to the determination of this application.

5.5 The extension would have the potential to reduce some daylight currently available to the neighbouring property at 1 Lennard Street. 1 Lennard Street has an adjoining extension very similar in design to the existing bathroom extension at no. 3 (both are likely to be original features of the properties as the properties along Lennard Street all feature them). A rear facing window at 1 Lennard Street could experience some reduction in daylight since a horizontal 45 degree splay taken from it would be encroached into by the proposed extension at no. 3. A vertical splay taken from the same window would not be obscured so it is not considered that the reduction in light that would be caused would be significant or harmful so would be acceptable. The single storey height of the proposed extension would result in little impact on the outlook of the occupiers of no.1 and would not be overbearing. As such the proposed extension would comply with the requirements of policy GP2 of the NLDP.

5.6 In design terms the scale of the extension would not result in any significant harm to the character and appearance of the main house and in any case there are no public views of the rear of the property. The walls and windows would be constructed to match the external finishes of the existing house which would help to preserve the character and appearance of the property. The proposed grey fibreglass roof would introduce a new external finish to the property, but given the very limited public views and the relatively common use of fibreglass as a roof covering at domestic properties this is considered acceptable on balance. The proposal is therefore considered to comply with policy GP6 of the NLDP.

7. CONCLUSION 7.1 The proposed rear extension by reasons of its location, scale and design would preserve visual amenities, access to daylight and privacy to neighbouring occupiers and would preserve the character and appearance of the property and the street scene.

7.2 The proposal is therefore in accordance with policies GP2 and GP6 of the Newport Local Development Plan (NLDP) 2011-2026 (adopted January 2015).

7.3 Planning Permission is granted subject to the following conditions.

8. DECISION

GRANTED WITH CONDITIONS

01 The development shall be implemented in accordance with the following plans and documents: 227/1/1 – Existing Layout; 227/1/2 – Proposed Layout. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

General conditions

02 The walls and windows of the single storey rear extension hereby approved shall be constructed using materials to match the external appearance of the main house and shall be retained in that state thereafter. Reason: To ensure development that is compatible with its surroundings.

03 No windows or doors shall be installed into the south-west facing side elevation of the single storey rear extension hereby approved. Reason: To protect privacy to neighbouring occupiers.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2 and GP6 were relevant to the determination of this application.

Beverly Owen Head of Regeneration, Investment and Housing Pennaeth Adfywio, Buddsoddi a Thai