Public Agenda Pack.Pdf

CITY AND COUNTY OF SWANSEA

NOTICE OF MEETING

You are invited to attend a Meeting of the

AREA 2 DEVELOPMENT CONTROL COMMITTEE

At: Council Chamber, Civic Centre, Swansea.

On: Tuesday, 20 August, 2013

Time: 2.00 pm

Members are asked to contact John Lock (Planning Control Manager) on 535731 or Ryan Thomas (Team Leader) on 635733 should they wish to have submitted plans and other images of any of the applications on this agenda to be available for display at the Committee meeting.

AGENDA

Page No.

1. To receive Apologies for Absence.

2. To receive Disclosures of Personal and Prejudicial Interests from 1 Members.

3. To approve as a correct record the Minutes of the meeting of the 2 - 12 Area 2 Development Control Committee held on 23 July 2013.

4. Items for deferral / withdrawal.

5. Determination of planning applications under the Town and 13 - 69 Country Planning Act 1990.

Patrick Arran Head of Legal, Democratic Services & Procurement Tuesday, 13 August 2013 Contact: Democratic Services - 01792 636824

ACCESS TO INFORMATION LOCAL GOVERNMENT ACT 1972 (SECTION 100) (AS AMENDED) (NOTE: The documents and files used in the preparation of this Schedule of Planning Applications are identified in the ‘Background Information’ Section of each report. The Application files will be available in the committee room for half an hour before the start of the meeting, to enable Members to inspect the contents).

Agenda Item 2 Disclosures of Personal Interest from Members

To receive Disclosures of Personal Interest from Members in accordance with the provisions of the Code of Conduct adopted by the City and County of Swansea. You must disclose orally to the meeting the existence and nature of that interest.

NOTE: You are requested to identify the Agenda Item / Minute No. / Planning Application No. and Subject Matter to which that interest relates and to enter all declared interests on the sheet provided for that purpose at the meeting.

1. If you have a Personal Interest as set out in Paragraph 10 of the Code, you MAY STAY, SPEAK AND VOTE unless it is also a Prejudicial Interest.

2. If you have a Personal Interest which is also a Prejudicial Interest as set out in Paragraph 12 of the Code, then subject to point 3 below, you MUST WITHDRAW from the meeting (unless you have obtained a dispensation from the Authority’s Standards Committee)

3. Where you have a Prejudicial Interest you may attend the meeting but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise. In such a case, you must withdraw from the meeting immediately after the period for making representations, answering questions, or giving evidence relating to the business has ended, and in any event before further consideration of the business begins, whether or not the public are allowed to remain in attendance for such consideration (Paragraph 14 of the Code).

4. Where you have agreement from the Monitoring Officer that the information relating to your Personal Interest is sensitive information, as set out in Paragraph 16 of the Code of Conduct, your obligation to disclose such information is replaced with an obligation to disclose the existence of a personal interest and to confirm that the Monitoring Officer has agreed that the nature of such personal interest is sensitive information.

5. If you are relying on a grant of a dispensation by the Standards Committee, you must, before the matter is under consideration: (i) disclose orally both the interest concerned and the existence of the dispensation; and (ii) before or immediately after the close of the meeting give written notification to the Authority containing -

- details of the prejudicial interest; - details of the business to which the prejudicial interest relates; - details of, and the date on which, the dispensation was granted; and - your signature

D:\moderngov\Data\AgendaItemDocs\8\3\5\AI00004538\$lgf0kzie.docPage 1 Agenda Item 3

CITY AND COUNTY OF SWANSEA

MINUTES OF THE AREA 2 DEVELOPMENT CONTROL COMMITTEE

HELD AT THE CIVIC CENTRE, SWANSEA ON TUESDAY 23 JULY 2013 AT 2.00 P.M.

PRESENT: Councillor R Francis-Davies (Chair) presided

Councillor(s): Councillor(s): Councillor(s):

J C Bayliss Y V Jardine C L Philpott N S Bradley A J Jones J A Raynor J E Burtonshaw M H Jones J C Richards A C S Colburn D J Lewis R Smith D W Cole R D Lewis R C Stewart A M Cook P Lloyd G J Tanner J P Curtice K E Marsh C M R W D Thomas W Evans J Newbury D W W Thomas E W Fitzgerald G Owens M Thomas

13. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors U C Clay, T J Hennegan, T H Rees, R J Stanton and M Theaker.

14. DISCLOSURES OF PERSONAL AND PREJUDICIAL INTERESTS

In accordance with the Code of Conduct adopted by the City and County of Swansea the following interests were declared:

Councillor J P Curtice - Personal - Minute No. 16 (Item 1 - 2012/0905) - I know the objector.

Councillor D W Cole - Personal - Minute No. 16 (Item 1 - 2012/0905) - I have been involved in the application and spoken to both applicants and objectors - made statement and under Paragraph 14(2) of the Code and left prior to discussion.

Councillor R Francis-Davies - Personal - Minute No. 17 (Item 10 - 2012/1577) - I know the objector.

Councillor D J Lewis - Personal - Minute No. 16 (Item 2012/0905) - I know the objector.

Councillor R D Lewis - Personal - Minute No. 16 (Item 8 - 2013/0871) - I know the objector.

Page 2 Minutes of the Area 2 Development Control Committee (23.07.2013) Cont’d

Councillor K E Marsh - Personal - Minute No. 17 (Item 4 - 2013/0707) - I know the applicant.

Councillor J Newbury - Personal - Minute No. 17 (Item 2 - 2012/0850) and (Item 3 - 2012/0744) - and left prior to discussion on both.

Councillor J A Raynor - Personal - Minute No. 17 (Item 3 - 2013/0744) - I know the applicant and (Item 4 - 2013/0707) - I know the objector.

Councillor C M R W D Thomas - Personal - Minute No. 17 (Item 4 - 2013/0707) - I know the applicant and Personal and Prejudicial - Minute No. 17 (Item 5 - 2013/0680) - applicant is a relative and left prior to discussion.

Councillor M Thomas - Personal and Prejudicial - Minute No. 17 (Item 5 - 2013/0871) - I have known and worked with the objector and left prior to discussion.

15. MINUTES

RESOLVED that the Minutes of the Meeting of the Area 2 Development Control Committee held on 25 June 2013 be approved as a correct record subject to the amendment of Minute No. 12 (Item 5) Application No. 2008/0512 to read “Mr Shaddick and Mr Crooks (objectors) and Mrs Evans (agent) addressed the Committee” and subject to Councillor M H Jones name being added to the list of apologies.

16. ITEMS FOR DEFERRAL/WITHDRAWAL

RESOLVED that:

(1) the following application BE DEFERRED for a site visit for the reason outlined below:

(Item 10) Application No. 2012/1577

Detached dwelling at Plot 1, Pen Y Cae Lane, Loughor, Swansea.

Reason

To assess the relationship of the proposed dwelling with neighbouring properties.

Page 3 Minutes of the Area 2 Development Control Committee (23.07.2013) Cont’d

(2) the following applications BE DEFERRED for the reasons outlined below:

(#) (Item 1) Application No. 2012/0905

Variation of condition 1 of Planning Permission 2007/1236 dated the 11 October 2007 to allow tipping operations to continue for an extended period of 3 years at Pencefnarda Farm, Pen Cefn Arda Road, Gorseinon, Swansea.

(NOTE: Prior to deferral Mr Stephens (objector) addressed the Committee and a visual presentation including details of the proposed drainage scheme was given.

Reason

For the receipt of further information.)

(#) (Item 8) Application No. 2013/0871

Two storey rear extension and detached garage at 54 Swansea Road, Penllergaer, Swansea.

(NOTE: Prior to deferral a visual presentation was given.

Reason

For further negotiation regarding a hipped roof design to the garage.)

17. DETERMINATION OF PLANNING APPLICATION UNDER THE TOWN AND COUNTRY PLANNING ACT 1990

The Planning Control Manager submitted a schedule of planning applications. Amendments to this schedule were reported and are indicated below by (#).

RESOLVED that:

(1) the undermentioned planning applications BE APPROVED subject to the conditions in the report and/or indicated below:

Page 4 Minutes of the Area 2 Development Control Committee (23.07.2013) Cont’d

(#) (Item 2) Application No. 2012/0850

15 dwellings (outline) at land adjoining 104 Killan Road, Dunvant, Swansea.

(NOTE: Mr Carlisle (agent) addressed the Committee.

One further late letter of objection reported.

Approved subject to the developer entering into a Section 106 Obligation in respect of the provision of 100% affordable housing which should be DQR compliant.

Report updated as follows:

Amend description to read as follows:

‘Residential development of up to 15 dwellings (outline).’

Page 30 - Highways: ‘20’ should read ‘15’.

Amend Condition 7 to read as follows:

‘Notwithstanding the indicative plan all access works…’

Add the following condition:

Prior to beneficial use of the site commencing, the traffic calming cushion located to the north west of the site access shall be amended in accordance with details to be submitted to and agreed in writing by the Local Planning Authority.

Reason

In the interests of highway safety.

Page 40 - Condition 9 - add the following sentence to end:

Page 5 Minutes of the Area 2 Development Control Committee (23.07.2013) Cont’d

“In the event that the site investigations confirm the need for remedial works to treat any of the mine entries and/or any areas of shallow mine workings to ensure the safety and stability of the proposed development, these works should also be undertaken prior to the commencement of development.”

NRW - No objections subject to the following additional condition:

Prior to the commencement of work on site a Water Features Survey shall be submitted to and agreed I writing by the Local Planning Authority. The Water Features Survey should include the following information:

- Identification of all water features both surface and groundwater (ponds, springs, ditches, culverts etc.) within a 300 metres radius of the site.

- Use made of any of these water features. This should include the construction details of wells and boreholes and details of the lithology into which they are installed.

- An indication of the flow regime in the spring or surface water feature, for example whether or not the water feature flows throughout the year or dries up during summer months.

- Accessibility to the spring/well.

- This information should be identified on a suitably scaled map (i.e. 1:10,000) and tabulated.

- Photographed each of the identified water features during the survey.

Reason

In order to ensure water quality and address any potential contamination issues.

Page 6 Minutes of the Area 2 Development Control Committee (23.07.2013) Cont’d

Pollution Control: No objections subject to the following condition and informatives:

Prior to the commencement of demolition/ construction works on the application site (including all access roads) a Construction Pollution Management Plan (CPMP) should be submitted to and approved in writing by the LPA. The CPMP is to include the following:

a) Demolition/Construction programme and timetable;

b) Detailed site plans to include indications of temporary site offices/compounds, materials storage areas, proposed compounds, delivery and parking areas etc.

c) Traffic scheme (access and egress) in respect of all demolition/construction related vehicles;

d) An assessment of construction traffic generation and management insofar as public roads are affected, including provisions to keep all public roads free from mud and silt;

e) Proposed working hours;

f) Principal Contractor details, which will include a nominated contact for complaints;

g) Details of all on site lighting (including mitigation measures) having regard to best practicable means (BPM);

h) Details of on site dust mitigation measures having regard to BPM;

i) Details of on site noise mitigation measures having regard to BPM;

j) Details of waste management arrangements (including any proposed crushing/screening operations); and

Page 7 Minutes of the Area 2 Development Control Committee (23.07.2013) Cont’d

k) Notification of whether a Control of Pollution Act 1974 (Section 61) Notice is to be served by Principal Contractor on Local Authority.)

(NOTE: Items g-j inclusive need to take particular account of the potential for statutory nuisance from site related activities (see informatives).

Reason

To ensure minimal nuisance impact on local residents/businesses from construction activities.

Informatives

1. Construction Noise

The following restrictions should be applied to all works of demolition/construction carried out on the development site.

All works ancillary operations which are audible at the site boundary shall be carried out only between the hours of 08.00 and 18.00 hours on Mondays to Fridays and between the hours of 08.00 and 13.00 hours on Saturdays and at no time on Sundays and Public Holidays and Bank Holidays.

The Local Authority has the power to impose the specified hours by service of an enforcement notice.

Any breaches of the conditions attached to such a notice will lead to formal action against the person(s) named on said notice.

2. Smoke/Burning of Materials

No burning of any material to be undertaken on site.

The Local Authority has the power to enforce this requirement by service of an abatement notice.

Any breaches of the conditions attached to such a notice will lead to formal action against the person(s) named on said notice.

Page 8 Minutes of the Area 2 Development Control Committee (23.07.2013) Cont’d

3. Dust Control

During construction work the developer shall operate all best practice to minimise dust arising or dust nuisance from the site. This includes dust and debris from vehicles leaving the site.)

(#) (Item 4) Application No. 2013/0707

Retention and completion of replacement dwelling (amendment to planning permission 2012/0291 granted 6 September 2012 at 9 East Cliff, Pennard, Swansea).

(NOTE: Mr Benson (objector) and Mr Baxter (agent) addressed the Committee.

Condition 1 amended to read as follows:

‘northern elevation’ should read ‘north-eastern elevation’.)

(Item 6) Application No. 2013/0804

Rear balcony at Galwad Y Mor, Llangennith, Swansea.

(#) (Item 9) Application No. 2013/0613

Part two storey part single storey rear extension at 318 Middle Road, Gendros, Swansea.

(NOTE: Mr Morris (objector) and Mr Hughes (agent) addressed the Committee.

A visual presentation was given.

Application approved contrary to Officer recommendation for the following reason:

Reason

On grounds that a precedent had been set and that the development would not have an unacceptable impact upon neighbouring occupiers and subject to the following conditions:

Page 9 Minutes of the Area 2 Development Control Committee (23.07.2013) Cont’d

Condition

The development hereby permitted shall begin not later than five years from the date of this decision.

Reason

To comply with the provisions of Section 91 of the Town and Country Planning Act 1990.

Condition

The materials used in the development hereby approved shall match those of the existing building.

Reason

In the interests of the visual amenities of the area.)

(2) the undermentioned planning applications BE REFUSED for the reasons indicated in the report and/or shown below:

(#) (Item 3) Application No. 2013/0744

Detached bungalow with living accommodation in the roof space at land to the rear of 762 Gower Road, Upper Killay, Swansea.

(NOTE: Late letter of no objection reported from Dwr Cymru/Welsh Water.

Mr Caswell (applicant) addressed the Committee.

A visual presentation was given.)

(#) (Item 7) Application No. 2011/0092

Construction of 4 no. retail units at Cross Marble and Stone Ltd., Gorseinon, Swansea.

(NOTE: Report updated as follows:

P 78, para 2.1 - ‘34’ should read ‘4’.)

Page 10 Minutes of the Area 2 Development Control Committee (23.07.2013) Cont’d

(3) the undermentioned planning application BE REFERRED to the Development Management and Control Committee with a recommendation that it be approved, subject to the conditions in the report:

(#) (Item 5) Application No. 2013/0680

Replacement of dwelling with associated works at Heathfield, Pilton Green, Gower, Swansea.

(NOTE: One further late letter of objection reported.

Additional plans received relating to outbuilding for bat mitigation:

Amended the description to read as follows:

‘Replacement dwelling with associated works and outbuilding.’

Page 69 - Plans - amended to read as follows:

Site location plan, existing block plan, proposed elevations, received 1 May 2013 existing plans dated 21 June 2013 and block plan, proposed floor plans and outbuilding (elevations and floor plan) dated 18 July 2013.

Amend Condition 13 as follows:

‘west facing elevation’ should read ‘north-west facing elevation’.)

18. PLANNING APPLICATION NO. 2012/1537 - LONGFIELDS, BETHANY LANE, WEST CROSS, SWANSEA

The Planning Control Manager presented a report which updated Committee on the issues raised as a result of correspondence received after the meeting of Area 2 held on 25 June 2013.

The main issues raised were detailed and outlined in the report.

The report to Area 2 Development Control Committee on 25 June 2013 was updated to reflect the following changes:

One further letter of objection reiterating previous concerns regarding drainage.

Page 11 Minutes of the Area 2 Development Control Committee (23.07.2013) Cont’d

Glamorgan Gwent Archaeological Trust - No objection.

Pollution Control - No objections subject to conditions.

Mumbles Community Council - OBJECT for the following reasons: Destruction of 33 trees, narrowness of access onto Bethany Lane, extra traffic on Bethany Lane going onto Mumbles Road, concern of impact on existing sewerage system, concern of possible impact of flooding onto Mumbles Road, impact on existing wildlife.

Mr Crooks (objector) and Mrs Evans (agent) addressed the Committee.

A visual presentation was given.

RESOLVED that the application be APPROVED subject to the developer entering into a Section 106 Obligation to secure 4 affordable housing units on site that are exempt from any future service charge and the following additional condition:

Condition

The proposed dwelling at Plot 8 is not approved and is expressly excluded from this grant of planning permission.

Reason

In the interests of the residential amenities of the occupiers of No. 310 Mumbles Road.

The meeting ended at 4.22 p.m.

CHAIR

S: Area 2 Development Control Committee - 23 July 2013 (GB/EJF) 23 July 2013

Page 12

CITY AND COUNTY OF SWANSEA 1. BISHOPSTON DINAS A SIR ABERTAWE 5. COCKETT 7. DUNVANT Report of the Head of Economic Regeneration 8. FAIRWOOD & Planning to the Chair and Members of the 9. GORSEINON Area 2 Development Control Committee 10. GOWER 11. GOWERTON 12. KILLAY NORTH DATE: 20th August 2013 13. KILLAY SOUTH 29 14. KINGSBRIDGE 18. LOWER LOUGHOR 20. MAYALS 9 27 35 23. NEWTON 18 24. OYSTERMOUTH 14 25. PENCLAWDD 27. PENLLERGAER 11 28. PENNARD

Page 13 5 29. PENYRHEOL 25 32. SKETTY 35. UPPER LOUGHOR 7 8 12 36. WEST CROSS

13 32

10 Agenda Item5 36 28 1 23 24

Phil Holmes BS(Hons), MSc, Dip Econ Head of Economic Regeneration & Planning

TWO STAGE VOTING

Where Members vote against officer recommendation, a two stage vote will apply. This is to ensure clarity and probity in decision making and to make decisions less vulnerable to legal challenge or awards of costs against the Council.

The first vote is taken on the officer recommendation.

Where the officer recommendation is for “approval” and Members resolve not to accept this recommendation, reasons for refusal should then be formulated and confirmed by means of a second vote.

The application will not be deemed to be refused unless and until reasons for refusal have been recorded and approved by Members. The reason(s) have to be lawful in planning terms. Officers will advise specifically on the lawfulness or otherwise of reasons and also the implications for the Council for possible costs against the Council in the event of an appeal and will recommend deferral in the event that there is a danger that the Council would be acting unreasonably in refusing the application.

Where the officer recommendation is for “refusal” and Members resolve not to accept this recommendation, appropriate conditions should then be debated and confirmed by means of a second vote. For reasons of probity, Member should also confirm reasons for approval which should also be lawful in planning terms. Officers will advise accordingly but will recommend deferral if more time is required to consider what conditions/obligations are required or if he/she considers a site visit should be held. If the application departs from the adopted development plan it (other than a number of policies listed on pages 89 and 90 of the Constitution) will need to be reported to Planning Committee and this report will include any appropriate conditions/obligations.

The application will not be deemed to be approved unless and until suitable conditions have been recorded and confirmed by means of a second vote.

Where Members are unable to reach agreement on reasons for refusal or appropriate conditions as detailed above, Members should resolve to defer the application for further consultation and receipt of appropriate planning and legal advice.

Page 14

CONTENTS

ITEM APP. NO. SITE LOCATION OFFICER REC.

1 2012/1502 Unit 6/7 Phoenix House Gorseinon Business Park APPROVE Gorseinon Road Swansea SA4 4DQ Use of existing buildings and construction of new detached building to operate collectively as a waste transfer station for asbestos

2 2012/1577 Plot 1 Pen Y Cae Lane Loughor Swansea APPROVE Detached dwelling

3 2013/0857 Cae Ifor Llanrhidian Swansea SA3 1ES REFUSE Change of use of barn to residential unit with fenestration alterations

4 2013/0513 69A Pennard Road Pennard Swansea SA3 2AJ APPROVE Retention of two existing dormers and installation of one additional dormer

5 2013/0085 2 The Boarlands Port Eynon Swansea SA3 1NX APPROVE Front and side balcony with privacy screen and detached garage

6 2013/0628 Derwen Garn, Marsh Road, Llanrhidian, Swansea SA3 REFUSE 1ET Construction of residential chalet, four moveable chicken sheds and one feed store

7 2013/0871 54 Swansea Road, Penllergaer, Swansea SA4 9AQ APPROVE Two storey rear extension and detached garage

8 2013/0875 Middleton Hall Cottage Rhossili Swansea SA3 1PJ REFUSE Installation of a 5KW wind turbine on a 15m tower

Page 15 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20 AUGUST 2013 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20 AUGUST 2013

ITEM 1 APPLICATION NO. 2012/1502 WARD: Gorseinon Penllergaer Area 2

Location: Unit 6/7 Phoenix House Gorseinon Business Park Gorseinon Road Swansea SA4 4DQ Proposal: Use of existing buildings and construction of new detached building to operate collectively as a waste transfer station for asbestos Applicant: Phoenix Enterprise Services Limited

Spreads Drain D r a i n Dam

n i a r

Reservoir

Gorswadden D

D T

e N

A E

L n P a i D r Sinks

C H

n a i D r Issues

3 7

3 1

4 3

Spreads 2

5 Mynydd Carn-Goch

CS 1

9 Def

CF Collects Def

Phoenix Enterprise Services Ltd

Def

Depot D

n Factory 6 to 7

F a r m F o o d s Service House

El Sub Sta U n i t B U n it C

a Unit 4 C d

Junction 47 Retail Par k

Drain

A 4240 A 4240 19.2m

Shelter 25.0m

E D

B d C S y

NOT TO SCALE This material has been reproduced from OrdnancePage Survey 16 digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 1 (CONT’D) APPLICATION NO. 2012/1502

BACKGROUND INFORMATION

POLICIES

Policy Policy Description Policy EC3 Improvement and enhancement of the established industrial and commercial areas will be encouraged where appropriate through building enhancement, environmental improvement, infrastructure works, development opportunities and targeted business support. (City & County of Swansea Unitary Development Plan 2008)

Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).

Policy EV2 The siting of new development shall give preference to the use of previously developed land and have regard to the physical character and topography of the site and its surroundings. (City & County of Swansea Unitary Development Plan 2008).

Policy EV33 Planning permission will normally only be granted where development can be served by the public mains sewer or, where this system is inadequate, satisfactory improvements can be provided prior to the development becoming operational. (City & County of Swansea Unitary Development Plan 2008)

Policy EV34 Development proposals that may impact upon the water environment will only be permitted where it can be demonstrated that they would not pose a significant risk to the quality and or quantity of controlled waters. (City & County of Swansea Unitary Development Plan 2008)

Policy EV35 Development that would have an adverse impact on the water environment due to: i) Additional surface water run off leading to a significant risk of flooding on site or an increase in flood risk elsewhere; and/or, ii) A reduction in the quality of surface water run-off. Will only be permitted where it can be demonstrated that appropriate alleviating measures can be implemented. (City & County of Swansea Unitary Development Plan 2008)

Policy R12 Proposals for the development of waste management facilities involving the transfer, treatment, re-use, recycling, in-vessel composting, energy recovery from waste or open composting in farm locations will be assessed against regional and local requirements. Proposals will be permitted within areas designated for B2 industrial use or having the benefit of lawful B2 use provided that there are no significant adverse affects and subject to compliance with specified criteria. (City & County of Swansea Unitary Development Plan 2008)

Page 17 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 1 (CONT’D) APPLICATION NO. 2012/1502

Policy R14 Development for the disposal, processing and storage of hazardous waste will only be permitted where there would be no significant adverse affect on: (i) natural heritage and the historic environment; (ii) the health and safety of the public, neighbouring land uses and residential amenity. (City & County of Swansea Unitary Development Plan 2008)

SITE HISTORY

App No. Proposal 2011/0092 Construction of 4.No retail units Decision: Refuse Decision Date: 01/08/2013

LV/87/0049/01 DEMOLITION OF J B FURS BUILDINGS AND ERECTION OF NEW RETAIL WAREHOUSING Decision: Withdraw Decision Date: 01/01/2001

RESPONSE TO CONSULTATIONS

The application was advertised on site and in the local press and 10 neighbouring properties consulted. No response.

Wales and West Utilities – No objection subject to standard advisory notes.

Dwr Cymru Welsh Water – No objection subject to standard conditions and advisory notes.

Gorseinon Town Council – No objection.

Head of Drainage and Coastal Management – No Objection subject to standard conditions and advisory notes.

Highways - Proposals are for the use of the existing buildings and construction of a new detached building to operate collectively as a waste transfer station for asbestos. The site was formerly a metal foundry and access is established. 27 parking spaces are proposed which is satisfactory to accommodate the workforce in addition to ample turning area space for delivery and collection vehicles. Waste will be securely wrapped in accordance with current regulations. It is anticipated that there will be 6 van deliveries per day with 1 lorry collection per week. I do not consider that this will have an excessive impact on the current traffic movements in the area which is largely commercial in nature with a supermarket and a large DIY store in close proximity. There are no highway objections.

APPRAISAL

This application is reported to Committee for determination and a Site Visit at the request of Councillor David Cole. Page 18 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 1 (CONT’D) APPLICATION NO. 2012/1502

Full planning permission is sought for the use of existing buildings and construction of new detached building to operate collectively as a waster transfer station for asbestos at Units 6/7 Phoenix House, Gorseinon Road, Gorseinon.

The application site is situated within the Garngoch Industrial; estate to the rear of the recently construction J47 retail park. The application site and existing building originally formed part of BICC complex and incorporated a metal foundry. Since the site closed no planning permission has been sought for any development of the site.

The application is made on behalf of Phoenix Asbestos Recovery Ltd. Established since 2002 the company is a Health and Safety Executive licensed asbestos removal company that also provides consultancy services in the management of asbestos in the work place. Phoenix Asbestos Recovery provide trained operatives and specialist equipment to carry out the removal, disposal environmental cleansing and encapsulation of all types of asbestos containing materials which are found in both residential and non-residential properties. All employees are highly trained and experienced operatives and all the company’s work is undertaken following a bespoke method statement, risk assessment and risk reduction strategy for each job.

Phoenix Asbestos Removal removes asbestos form a wide variety of premises. Where a job involves the removal of large quantities of asbestos, the applicants store the waste asbestos on site in enclosed, lockable waste containers, prior to transferring the containers to a suitably permitted landfill site. The company is however increasingly being asked to remove smaller quantities of asbestos such as the removal of kitchen floor tiles, asbestos cement roofs and household boilers. For this amount of waste it is not economically viable and often not physically possible to bring a container to site. Accordingly the applicant is seeking to develop an Asbestos Waste Transfer Station to store asbestos waste created by these smaller removal jobs prior to the waste being transported to a suitably permitted landfill site.

The proposed development involves the storage of up to 10 tonnes of asbestos waste prior to its transportation for disposal. The waste is already suitably wrapped before arriving at site and, whilst on site, will be stored in sealed containers sited on a concrete hard-standing within the proposed building.

The existing building on site will remain largely unchanged and the additional building is a single storey structure measuring 24.2m x 12.1m and constructed to a maximum ridge height of 6.4m sited adjacent to and in line with the western site boundary.

The application site is situated within an established Industrial and Commercial Area and as such in accordance with Policy EC3 of the Swansea Unitary Development Plan 2008, the improvement and enhancement of the area will be encouraged where appropriate through building enhancement, environment improvement, infrastructure works, development opportunities and targeted business support.

Policy R12 of the Swansea Unitary Development Plan states that proposal for the development of waste management facilities involving the transfer; treatment, re-use, recycling etc. will be assessed against regional and local requirements. Proposal will be permitted within area designated for B2 industrial use or having the benefit of lawful B2 use provided that there are no significant adverse effects.

Page 19 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 1 (CONT’D) APPLICATION NO. 2012/1502

Policy R14 states that development for the disposal, processing and storage of special/hazardous waste will only be permitted where there would be no significant adverse effect on:

• Natural heritage and the historic environment • The health and safety of the public, neighbouring land uses and residential amenity

The application site is situated within a relatively concealed siting to the rear of the newly developed J47 retail park. The proposed new building is suitably subservient to the host building and relates well to the entirely industrial/commercial context. The site is relatively concealed from surrounding public vantage points and as such the proposal is considered to have limited impact upon the visual amenities of the area.

Given the prevailing industrial context, there are no residential amenities to consider in this instance. In land use terms the proposal is considered acceptable and accords with the objectives of both National and local Planning Policy guidance. The proposal will also be required to fully adhere with the legislative requirements of both NRW (Formerly Environment Agency Wales) and the Health and Safety Executive, with permits under the “Asbestos Waste Transfer Station with Treatment” regime being required.

With regard to vehicle activity and highway safety standards, as stated above, the site was formerly a metal foundry and access is established. Twenty seven parking spaces are proposed which will satisfactorily accommodate the proposed workforce in addition to providing ample turning facility for delivery and collection vehicles. It is anticipated that there will be six van deliveries per day with one lorry collection per week. The Head of Transportation and Engineering does not consider that this will have an excessive impact upon the current traffic movements in the area which is largely commercial in nature and as such no highway objection is raised.

The City and County of Swansea, as the competent authority, is required under Regulation 61(1) of the Conservation of Habitats and Species Regulations 2010 (known as the ‘Habitat Regulations’) to undertake a Habitat Regulations Assessment of any project likely to have an effect on a European Site, or candidate/proposed European Site, either alone or in combination with other plans or projects, that is not necessary to the management of the site for management of the site for nature conservation.

In this instance, the European sites potentially affected are the Carmarthen Bay and Estuaries European Marine Site (CBEEMS), the Carmarthen Bay Special Protection Area (SPA) and the Burry Inlet SPA and RAMSAR site. Before deciding to give permission we must therefore first consider whether this development is likely to have a significant effect on the CBEEMS either alone or in combination with other plans or projects in the same catchment area.

Following an investigation of likely significant effects on the CBEEMS features water quality was identified as the only factor that might have an effect this is discussed below.

Page 20 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 1 (CONT’D) APPLICATION NO. 2012/1502

Water Quality

With regard to the water quality issues in the Burry inlet and Loughor Estuary, the City and County of Swansea has followed the advice of their statutory advisor, and has commissioned a preliminary assessment under the above Regulations which is limited to the assessment of potential wastewater effects only.

This assessment notes that as part of their review of consents (RoC) under regulation 63 the Environment Agency (EA) undertook a detailed Habitats Regulations assessment in relation to the effects of their consented activities. Consent modifications were identified to enable the Environment Agency to conclude no adverse effect on the integrity of the CBEEMS in respect of their consents operating at their maximum consented limits.

As the consents in question have already been subject to a full assessment (alone and in- combination) under the provisions of the Habitat Regulations, there is no need for the City and County of Swansea to undertake a further assessment where development can be accommodated within the post RoC discharge consent limits.

It is the opinion of the authority that this development can be accommodated within the post RoC discharge consent limits, and will not be likely to have a significant effect either alone or in-combination on the Carmarthen Bay and Estuaries SAC, the Carmarthen Bay SPA, or the Burry Inlet SPA and RAMSAR. Such effects can be excluded on the basis of the objective information available through the Environment Agency review.

Other Possible Effects on CBEEMS features

In addition, it is considered that there are no other potential adverse effects from this development proposal, either alone or in combination with other plans or projects on the above protected European sites.

In conclusion therefore and having regard to all of the above, the proposal is considered an appropriate form of development that will have a limited impact upon amenity, transportation, visual amenity, public safety and has an acceptable relationship with adjoining land uses. The proposal therefore accords with broad aims of Polices, EV1, EV2, EV33, EV34, EV35, EV40, EC3, R12 and R14 of the Swansea Unitary Development Plan 2008. Approval is recommended.

RECOMMENDATION

APPROVE, subject to the following conditions;

1 The development hereby permitted shall begin not later than five years from the date of this decision. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990.

2 Foul water and surface water discharges shall be drained separately from the site. Reason: To protect the integrity of the Public Sewerage System.

Page 21 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 1 (CONT’D) APPLICATION NO. 2012/1502

3 No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system unless otherwise approved in writing by the Local Planning Authority. Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.

4 Land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system. Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment.

5 No development shall commence until the developer has prepared a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water, and land drainage will be dealt with and this has been approved in writing by the Local Planning Authority. This scheme shall include details of a sustainable drainage system (SUDS) for surface water drainage and/or details of any connections to a surface water drainage network. The development shall not be brought into beneficial use until the works have been completed in accordance with the approved drainage scheme, and this scheme shall be retained and maintained as approved unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that a satisfactory comprehensive means of drainage is achieved and that no adverse impact occurs to the environment or the existing public sewerage system and to minimise surface water run-off.

INFORMATIVES

1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: Polices EV1, EV2, EV33, EV34, EV35, R12 and R14 of the Swansea Unitary Development Plan 2008.

2 This consent is issued without prejudice to any other consents or easements that may be required in connection with the proposed development.

3 If connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water's Developer Services on 0800 917 2652.

4 The developer is advised that the Welsh Government are planning to introduce new legislation that will make it mandatory for all developers who wish to connect to the public sewerage to obtain an adoption agreement for their sewerage with Dwr Cymru Welsh Water (DCWW) (Mandatory Build Standards). Further information on the Mandatory Build Standards can be found on the Developer Services Section, DCWW at www.dwrcymru.com or on the Welsh Government’s website www.wales.gov.uk.

Page 22 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 1 (CONT’D) APPLICATION NO. 2012/1502

5 The developer is advised that some public sewers and lateral drains may not be recorded on Dwr Cymru Welsh Water's (DCWW) maps or 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. DCWW advise that 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 DCWW has rights of access to its apparatus at all times.

6 Wales and West Utilities apparatus may be at risk during construction works. the promoter of the works is advised to contact Wales and West Utilities directly to discuss their requirements in detail. Should diversion works be required these will be fully chargeable.

7 The developer is advised to consider the use of the SuDS measures, such as permeable paving for the driveway access, and car parking area to further reduce SW discharges from discrete sources.

PLANS

Site location plan, CMP-PH-01 existing floor plans, CMP-PH-02 existing elevations, CMP- PH-03 existing and proposed plans, CMP-PH-04 proposed elevations, CMP-PH-05 site plans received 14th November 2012

Page 23 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 2 APPLICATION NO. 2012/1577 WARD: Upper Loughor Area 2

Location: Plot 1 Pen Y Cae Lane Loughor Swansea Proposal: Detached dwelling Applicant: Mr John Phillips

E N A L E 1 0 0 A 1 2 4 - C 1 2 2 1 1 0 - Y N E 1 3 0 H RO AD P BO RO UG

1 4 2

22.2m

Sh e l t e r 7

1 0 1

1 2 1

1 3 3

1 S t a E l S u b

NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright.

Page 24 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 2 (CONT’D) APPLICATION NO. 2012/1577

BACKGROUND INFORMATION

This application was DEFERRED FOR A SITE VISIT at the meeting of the Area 2 Development Control Committee on the 23rd July 2013, to assess the relationship of the proposed dwelling with neighbouring properties. My report has been updated to include an additional condition relating to the ecological interest on the site, my recommendation however remains unchanged.

POLICIES

Policy Policy Description Policy AS6 Provision of car parking in accordance with adopted standards. (City & County of Swansea Unitary Development Plan 2008)

Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).

Policy HC2 Housing development within the urban area will be supported where the site has been previously developed, its development does not conflict with other policies, does not result in ribbon development, and the coalescence of settlements, overintensive development, loss of residential amenity, adverse effect on the character and appearance of the area, loss of urban green space, harm to highway safety, adverse effects to landscape, natural heritage, security and personal safety, infrastructure capacity, and the overloading of community facilities and services. (City & CountyPage of Swansea25 Unitary Development Plan 2008) AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 2 (CONT’D) APPLICATION NO. 2012/1577

SITE HISTORY

App No. Proposal LV/91/0483/03 DWELLING HOUSE Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 21/11/1991

LV/90/0106/01 TWO DWELLING HOUSES Decision: *HRP - REFUSE PERMISSION Decision Date: 26/04/1990

RESPONSE TO CONSULTATIONS

The application was advertised on site and three neighbouring properties consulted. ONE LETTER OF OBJECTION received which is summarised as follows:

• During the determination of the adjacent dwelling, significant consultation and negotiation with officers of the former Lliw Valley Borough Council. • All advice and guidance provided was followed and adhered to in the interest of protecting the privacy of neighbours. No windows were featured to the south and 3 small windows to the north • Planning conditions were also imposed in the interest of privacy and fully adhered to. • Amendments to the siting of the neighbouring dwelling were suggested to overcome direct overlooking and carried out accordingly • This current application does not concur with the original application and so advice and conditions that neighbouring occupiers had to adhere to appear to have been ignored or an oversight has occurred • The proposal dwelling is sited further forward than the original and also square to the plot whereas the original was further back and at an angle. • This contradicts the instructions neighbours had to adhere to and will cause light and privacy issues as the proposal directly overlooks the front and garden of the neighbouring dwelling • The proposal appears higher than the original and now has five windows directly overlooking the neighbouring dwelling as opposed to none in the original plan.

Llwchwr Town Council – No objection.

Highways - Proposals are for a 5 bed detached house had planning approval granted LV/91/0483/03. This application seeks permission to develop the site in accordance with the lapsed approval. The property is situated on a sizeable plot which is accessed by an existing private track from the adopted highway, serving several existing properties. The applicant proposes 3 parking spaces which is the maximum required for a property of this size. There are no highway objections.

APPRAISAL:

This application is reported to Committee for decision at the request of Councillor Robert Smith to ensure that members are fully appraised of the impact of the development.

Page 26 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 2 (CONT’D) APPLICATION NO. 2012/1577

Full planning permission is sought for the construction of a detached dwelling on land at Plot 1 Pen Y Cae Lane, Loughor. Planning permission has previously been granted for a detached dwelling (LV/91/0483/03 refers) but has now expired, nevertheless, the principle of development on this plot has previously been established.

The application site is a roughly triangular shaped plot located at the northern end of Pen Y Cae Lane, some 100m north-east from it’s junction with Borough Road. The application site is located on the edge of the urban settlement and is bound to the north and west by open countryside and Gorseinon Green wedge. To the south lie two fairly recently constructed dwellings (No’s 7 and 8 Pen Y Cae Lane) the site is a level and currently undeveloped piece which has been cleared in recent weeks.

The main issues for consideration in this instance therefore relate to the impact of the proposal upon the visual and residential amenities of the area and highway safety standards having regard to the prevailing policies of the Swansea Unitary Development Plan 2008 and the planning history of the site. There are in this instance no additional overriding issues for consideration under the provisions of the Human Rights Act.

The proposed dwelling accommodates five bedrooms principally contained within two storeys albeit a third floor of accommodation is provided within the roof space. The overall design includes two, two storey front gable projections with a single storey canopy over the front entrance at ground floor level and a second floor balcony area recessed within the twin projecting gables serving the master suite within the roof void. The dwelling will be orientated in a westerly direction and sited in line with the southern site boundary. The pattern of development at this extreme end of Pen Y Cae Lane becomes far more ad-hoc than the more rigid linear patter displayed at the southern end, as such there is no strong building line to respect, but the siting of the dwelling nevertheless creates a crescent like rounding off at this end of the lane. The dwelling has a roughly square footprint (excluding the recessed front entrance) and will occupy a footprint of area of approximately 123m².

Vehicular access will be gained directly off Pen Y Cae Lane which is an existing single width private track leading from the adopted highway. The proposal includes 3 parking spaces which is the maximum required for a property of this size. The Head of Transportation and Engineering is satisfied that the scheme provides adequate off-street parking and the proposal will not compromise or prejudice current highway safety standards and therefore no objection is raised to the proposal.

Pen Y Cae Lane is characterised by a cluster of low-density dwellings in a variety of traditional and modern two storey and single storey dwellings. The proposed dwelling however will be positioned adjacent to the relatively modern additions at no’s 7 and 8 Pen Y Cae Lane. Furthermore the application site is at the far northern end of the dead-end lane before the land gives way to open countryside and as such the site is not visually prominent from surrounding public vantage points. Notwithstanding this, the overall design of the proposed dwelling, although relatively opulent, is not considered to detract from or have a harmful effect upon the existing varied character and appearance of the area in general and in particular the two most recently constructed dwellings to which it will most closely relate. The building to plot ratio is appropriate and consistent with the immediate context and overall the scale and design of the dwelling is considered to relate satisfactorily to the surroundings and is not considered to be visually obtrusive.

Page 27 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 2 (CONT’D) APPLICATION NO. 2012/1577

Turning to the impact of the proposal upon residential amenities, the dwelling is orientated with the front elevation facing westward with the nearest neighbouring property opposite being No.6 which achieves a separation of some 60m+. The neighbouring dwelling to the south No. 8 is sited at an angle, however the relationship achieved between these two dwelling is principally side-to-side with a minimum separation of some 9m. There are three upper floors windows featured on the southern side elevation of the proposed dwelling overlooking No.8 which could potentially result in a degree of overlooking. The two windows at first floor level serve as secondary windows to bedroom spaces and as such, it is reasonable to condition these windows to be obscure glazed and non-opening. The third window set high in the gable serves a en-suite of the master suite within the roof space and whilst its assumed will be obscure glazed a condition controlling this is attached. The ground floor windows will be adequately screened via the siting of suitable boundary treatment which will be also be controlled via condition. The second floor balcony area on the front elevation is noted, and the potential for overlooking therefrom is acknowledged, however, this balcony area is set within a recessed area in between the two front gable projections which in turn will offer screening either side of the balcony. A minimum separation distance of 9.5m is achieved to the rear boundary which whilst below the minimum 10.5 normally recommended for a two storey dwelling. The rear (eastern) boundary is bound partly by the adjoining curtilage of 112 Borough Road; however, the area potentially affected is contained to the far northern extreme of the 60m+ rear garden of 112 Borough Road. On this basis it is not considered that the proposal will result in unacceptable levels of mutual or direct overlooking. Whilst it is accepted that as the site is currently undeveloped and the construction of a dwelling on the land will inevitably have a degree of physical impact, it is considered that the siting, distance and relationship of the dwelling will not have such a harmful physical impact or overbearing effect such that a refusal could be justified.

With regard to the objection letter received which refers principally to matters of residential amenity this is addressed in detail above. Further points are made relating to the processing of previous historic applications by the former Lliw Valley Borough Council. Whilst these comments are noted, this application is being determined on its own individual merit having regard to prevailing Development Plan Policies.

Since the approval of the earlier application, and as of 1st September 2010 all planning applications for 1 or more dwelling units are required to meet Code for Sustainable Homes Level 3 and obtain 6 credits under issue Ene1 - Dwelling Emission Rate. The Code for Sustainable Homes covers a wide range of sustainability issues including energy and C02 emissions, water, waste, materials, surface water runoff, pollution, health and wellbeing, management and ecology. In accordance with the above, a pre-assessment report has been submitted with the application which indicates that the required Level 3 can be achieved. Appropriately worded standard conditions will however be attached to this permission requiring the submission of an Interim Certificate and a Final certificate ensuring that the dwelling is constructed to achieve the minimum required standard for Code for Sustainable Homes.

Burry inlet

The site is located within the drainage catchment area that drains to the Loughor Estuary and Burry Inlet which forms part of the Carmarthen Bay and Estuaries European Marine Site (CBEEMS).

Page 28 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 2 (CONT’D) APPLICATION NO. 2012/1577

The City and County of Swansea, as the competent authority, is required under Regulation 61 of the Conservation of Habitats and Species Regulations 2010 to undertake a Habitat Regulations Assessment. Before deciding to give permission we must first consider whether this development is likely to have a significant effect on the CBEEMS either alone or in combination with other plans or projects in the same catchment area.

As part of their review of consents (RoC) under regulation 63 the Environment Agency (EA) undertook a detailed Habitats Regulations assessment in relation to the effects of their consented activities. Consent modifications were identified to enable the Environment Agency to conclude no adverse effect on the integrity of the CBEEMS in respect of their consents operating at their maximum consented limits. As the consents in question have already been subject to a full assessment (alone and in-combination) under the provisions of the Habitat Regulation, there is no need for the City and County of Swansea to undertake a further assessment where development can be accommodated within the post RoC discharge consent limits.

Ecology

The site has been cleared prior to the requested ecological survey taking place and as a result little of value was found. The surveyors produced a list of recommendations within the report, and in view of the loss habitats these should be followed. These include restricting any further clearance of scrub and trees to outside the bird nesting season, including some bat friendly features in the new building and wildlife friendly planting particularly along the site boundaries. All of which can be controlled via conditions and advisory notes.

In conclusion therefore and having regard to all material considerations including the Human Rights Act, the proposal is considered an appropriate form of development which will have a limited impact upon the visual and residential amenities of the area and therefore accords with the provisions of Policies EV1, EV2, EV33, EV34, EV35, AS6 and HC2 of the Swansea Unitary Development Plan 2008. Approval is therefore recommended.

RECOMMENDATION:

APPROVE, subject to the following conditions:

Page 29 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 2 (CONT’D) APPLICATION NO. 2012/1577

2 Before the development hereby approved is occupied the means of enclosing the boundaries of the site shall be completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of visual amenity and general amenity.

3 The dwelling(s) shall be constructed to achieve a minimum of Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category "Ene1 - Dwelling Emission Rate" in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (November 2010 - Version 3). The development shall be carried out entirely in accordance with the approved assessment and certification. Reason: In the interests of sustainability.

4 The construction of the dwelling(s) hereby permitted and any external works shall not begin until an "Interim Certificate" has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Level 3) and a minimum of 1 credit under "Ene1 - Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability.

5 Prior to the occupation of the dwelling(s) hereby permitted, a Code for Sustainable Homes "Final certificate" shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes (Level 3) and a minimum of 1 credit under "Ene1 - Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability.

6 The first floor windows serving bedrooms 2 and 4 and the second floor window serving the en-suite of the master bedroom in the southern side elevation, as indicated on the submitted plans shall be obscure glazed, and unopenable except for a fan light and shall be retained as such unless otherwise agreed in writing with the Local Planning Authority. Reason: To safeguard the privacy of the occupiers of neighbouring residential properties.

7 Foul water and surface water discharges shall be drained separately from the site. Reason: To protect the integrity of the Public Sewerage System.

8 No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system unless otherwise approved in writing by the Local Planning Authority. Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.

Page 30 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 2 (CONT’D) APPLICATION NO. 2012/1577

9 Land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system. Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment.

10 No development shall take place without the prior written approval of the Local Planning Authority of a scheme for the landscaping of the site. The landscaping scheme shall be carried out within 12 months from the completion of the development. Any trees or shrubs planted in accordance with this condition which are removed, die, become seriously diseased within two years of planting shall be replaced by trees or shrubs of similar size and species to those originally required to be planted. Reason: To ensure that the site is satisfactorily landscaped having regard to its location and the nature of the proposed development, and to accord with Section 197 of the Town and Country Planning Act 1990.

11 No development shall commence until the developer has prepared a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water, and land drainage will be dealt with and this has been approved in writing by the Local Planning Authority. This scheme shall include details of a sustainable drainage system (SUDS) for surface water drainage and/or details of any connections to a surface water drainage network. The development shall not be brought into beneficial use until the works have been completed in accordance with the approved drainage scheme, and this scheme shall be retained and maintained as approved unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that a satisfactory comprehensive means of drainage is achieved and that no adverse impact occurs to the environment or the existing public sewerage system and to minimise surface water run-off.

12 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or amending that Order), Classes A, B and C of Part 1 of Schedule 2 shall not apply. Reason: The development hereby approved is such that the Council wish to retain control over any future development being permitted in order to ensure that a satisfactory form of development is achieved at all times.

13 The mitigation measure detailed in Section 11 of the Ecological Assessment dated March 2013 shall be completed in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any work. Reason: In the interests of the ecology of the site.

INFORMATIVES 1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: Policies EV1, EV2, HC2, EV33, EV34, 3V35 and AS6 of the Swansea Unitary Development Plan 2008. Page 31 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 2 (CONT’D) APPLICATION NO. 2012/1577

2 Birds may be present in this building and grounds please note it is an offence under the Wildlife & Countryside Act 1981 (as amended) to intentionally (intentionally or recklessly for Schedule 1 birds) to: - Kill, injure or take any wild bird - Take, damage or destroy the nest of any wild bird while that nest in use or being built - Take or destroy an egg of any wild bird Care should be taken when working on buildings particularly during the bird nesting season March-August.

3 As part of a sustainable drainage system the developer is advised to consider the use of sustainable drainage (SUDS) measures, such as permeable paving for the driveway access and car parking area, and rainwater or greywater harvesting from the new buildings, etc

PLANS

Site location, block and proposed plans, proposed plans and elevations received 22nd November 2012

Page 32 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 3 APPLICATION NO. 2013/0857 WARD: Gower Area 2

Location: Cae Ifor Llanrhidian Swansea SA3 1ES Proposal: Change of use of barn to residential unit with fenestration alterations Applicant: Mrs B Pritchard

Issues

Cae Ifor Cottage

Cerrig Glan

43.2m

Cae Ifor Farm

5 2 9 4 B

Spring

NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright.

Page 33 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 3 (CONT’D) APPLICATION NO. 2013/0857

BACKGROUND INFORMATION

POLICIES

Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).

Policy EV26 Within the Gower AONB, the primary objective is the conservation and enhancement of the area's natural beauty. Development that would have a material adverse effect on the natural beauty, wildlife and cultural heritage of the AONB will not be permitted. (City & County of Swansea Unitary Development Plan 2008)

Policy EC12 The conversion of existing buildings in the countryside to new uses that contribute to the local economy and the extensions of such buildings will be permitted subject to a defined set of criteria including the building's structural integrity, its ability to be converted without prejudicing the character of the building or its locality, the building's compatibility with its surroundings, issues of access and highway safety, and the building's past uses etc. (City & County of Swansea Unitary Development Plan 2008)

Policy EV20 In the countryside new dwellings will only be permitted where justification is proved in terms of agriculture, forestry or the rural economy; there is no alternative existing dwelling in nearby settlements; and the proposed dwelling is located close to existing farm buildings etc. (City & County of Swansea Unitary Development Plan 2008)

Supplementary Planning Guidance – “The Conversion of Rural Buildings”

Supplementary Planning Guidance – “Gower AONB – Design Guide”

SITE HISTORY

App No. Proposal 75/0541/03 EXTENSION TO STOCK BUILDING AND HAY BARN Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 01/08/1975

RESPONSE TO CONSULTATIONS The application was advertised on site and in the press as a departure from the Development Plan. No response.

Glamorgan Gwent Archaeological Trust Ltd – No objection

Highways Observations - Proposals are for change of use from a barn to 2 bed living accommodation. The property will be within the curtilage of the main dwelling and will use the existing access. 2 parking spaces are required and there is adequate courtyard parking within the curtilage of the site. There are no highway objections. Page 34 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 3 (CONT’D) APPLICATION NO. 2013/0857

APPRAISAL

This application is called to Committee for decision and a Site Visit by Councillor Richard Lewis as the site lies within the AONB.

Full planning permission is sought for the change of use of a detached barn at Cae Ifor in Llanrhidian to a dwelling with fenestration alterations. The new dwelling would accommodate the son of the applicant.

The main issues to consider in this instance are the principle of the change of use to a residential dwelling at this location having regard to the requirements of the relevant planning policies of Unitary Development Plan 2008 (UDP) and the adopted Supplementary Planning Guidance (SPG) documents entitled “The Conversion of Rural Buildings” and “The Gower Design Guide” together with the impact upon the visual and residential amenities of the area and access and highway safety. The Head of Transportation and Engineering raises no highway objection to the scheme.

Policy EV1 requires development to comply with good design criteria. Policy EV26 states that within the Gower AONB the primary objection is the conservation and preservation of the Area’s natural beauty. Policy EV12 specifically refers to the conversion of appropriate rural buildings in the countryside to other uses that contribute to the local economy and the extensions of such buildings will be permitted where:

(i) The building is largely intact, has a form, bulk and general design in keeping with its surroundings, and is capable of conversion without prejudicing the original character of the building or the rural character of the locality, (ii) The building is structurally suitable for conversion without a major or complete reconstruction, as verified by a structural stability report, (iii) Safe access for pedestrians and vehicles can be provided without prejudicing the character and appearance of the area, (iv) In the case of buildings extended or constructed with the benefit of agricultural permitted development rights, these buildings have genuinely been used for the agricultural purposes they were constructed for, and (v) Any ancillary works associated with the conversion will not unacceptably adversely affect the rural character of the locality.

The Policy also specifically states that except for proposals solely for the provision of tourist accommodation, residential use of existing non-residential buildings in the countryside will not be supported unless evidence is provided that:

a. The premises have actively been marketed without success for appropriate business use, or b. Residential use is ancillary to a business reuse of premises, or c. The resulting residential use will contribute to an identified local need for housing or for affordable housing in the location concerned.

In light of the above, as the conversion is not for holiday accommodation, then the proposal also falls to be considered under Policy EV20. Policy EV20 states that in the countryside new dwellings will only be permitted where:

Page 35 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 3 (CONT’D) APPLICATION NO. 2013/0857

(i) The dwelling is required to accommodate a fulltime worker solely or primarily employed in agriculture, forestry or an appropriate use to serve the rural economy who needs to live on the premises rather than a nearby settlement, and (ii) There is no alternative existing dwelling available in nearby settlements and there are no existing buildings on the farm or forestry unit suitable for conversion to residential use, and (iii) The proposed dwelling is located as close as possible to the existing farm buildings, forestry complex or place of work.

The amplification of the Policy continues “applications for dwellings for agricultural and forestry workers, or for full time workers employed solely or primarily in another appropriate use to serve the rural economy, will be required to be accompanied by objective information assessing:

i.The functional need for the dwelling, and ii.Demonstrating the financial sustainability of the enterprise, and iii.The genuineness of the need for accommodation to serve the enterprise.”

This is further expanded in Technical Advice Note 6 (TAN 6) Planning for Sustainable Rural Communities July 2010 which is a material change in planning considerations since the formulation of the Swansea UDP. Paragraph 4.4 focuses upon new dwellings on established rural enterprises. This clearly states new dwellings should only be allowed to support established rural enterprises provided:

a) There is a clearly established existing functional need; b) The need relates to a full time worker and does not relate to a part time requirement; c) The enterprise concerned has been established for at least 3 years, profitable for at least 1 of them and both the enterprise and the business need for the job, is currently financially sound, and has a clear prospect of remaining so; d) The functional need could not be fulfilled by another dwelling or by converting an existing suitable building already on the land holding comprising the enterprise or any other existing accommodation in the locality which is suitable and available for occupation by the worker concerned; and e) Other normal planning requirements, for example siting and access are satisfied.

The adopted SPG “The Conversion of Rural Buildings” also supported this contention and states that “residential conversions in the countryside can have a detrimental effect upon the rural character of the landscape and encourage increased private car use contrary to the principles of sustainability embodied in national policy and the UDP. For these reasons national guidance, PPW (2010) and UDP Policy EC12 give priority to new uses that benefit the local economy. UDP Policy EC12 states that residential use of existing non residential buildings in the countryside will not be supported unless evidence is provided.”

In line with the guidance in the SPG, Policy EV20 would also require any application for a new dwelling in the open countryside to be accompanied by details of the functional and financial need of the enterprise and that it should show a profit for at least 3 years. No information to this end has been submitted to support the application. In addition, the site in question is close to the village of Llanrhidian where a suitable property could be available for the applicant’s son but no information has been submitted to show that this option has been explored. As such, the proposal conflicts with (i) and (ii) of Policy EV20 and criterion (d) of TAN 6 above. Page 36 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 3 (CONT’D) APPLICATION NO. 2013/0857

Part of criterion (d) of TAN 6 does refer to “the functional need could …. be fulfilled by …..converting an existing suitable building already on the land holding comprising the enterprise which is suitable and available for occupation by the worker concerned”. However, no information has been submitted to establish that there is an overriding need for the son to live on site or a solid functional and financial case put forward to warrant a Departure from the Development Plan.

The applicant has been advised of the need to submit further information concerning the functional and financial tests that have to be satisfied. However, as mentioned above, to date, no further information has been forthcoming. In this case, therefore, no evidence has been submitted to prove that the proposal is required for an agricultural dwelling and the proposal therefore fails to prove an essential agricultural or overriding economic or rural need for what will essentially be a new dwelling at this countryside location. No information has either been submitted to show that the conversion would contribute to an identified local need for housing or for affordable housing in the location concerned that would outweigh the provisions of the Unitary Development Plan.

The detached nature of the site would dictate that the change of use of the existing building to a residential dwelling at this location would not unduly impact upon the residential amenity of the occupiers of nearby properties. The alterations proposed are considered to be acceptable as to not unduly impact upon the character and appearance of the Gower AONB, in accordance with the criteria in Policy EC12 and Section 5 of the adopted SPG “The Gower Design Guide” in that the building is structurally capable of conversion, would re-use existing openings, and the scale and massing of the existing building is respected. Notwithstanding this, as there are fundamental overriding objections to the proposal in terms of principle, the proposal to a residential dwelling would be considered contrary to the provisions of Policies EV1, EC12 and EV20.

In addition, it is not considered that the proposal would comply with the requirements of TAN 6 as although this is a rural enterprise i.e. a farm, the applicant’s agent has confirmed that the son of the applicant only works on the farm part time and goes elsewhere to other locations as required, thus conflicting with criterion (b) above.

In conclusion and having regard to all material considerations, in principle the proposal is considered to represent an unjustified form of development within the open countryside, for which no satisfactory rural justification or need has been provided. Therefore the proposed development is considered to be contrary to Policies EV1, EC12, EV20 and EV26 of the Swansea Unitary Development Plan 2008. On this basis it is not considered that there is any justification to warrant a departure from the Development Plan at this location. Refusal is therefore recommended.

RECOMMENDATION

REFUSE, for the following reasons:

1 The proposal represents an unjustified form of development within the open countryside for which no overriding rural need has been established, contrary to the requirements of Policy EV1, EC12, and EV20 of the Unitary Development Plan 2008.

Page 37 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 3 (CONT’D) APPLICATION NO. 2013/0857

2 The approval of this application would set an undesirable precedent for development of a similar nature which would lead to the erosion of the character and natural beauty of the Gower AONB contrary to the requirements of Policy EV1 and EV26 of the Unitary Development Plan 2008.

INFORMATIVES

PLANS

0413/CIF/P/01 Site location plan, 0413/CIF/P/05 existing floor plan, 0413/P/02 site plan, 0413/CIF/P/03 existing elevations N & E, 0413/CIF/P/04 existing S & W, 0413/CIF/P/07 proposed elevations, 0413/CIF/P/08 proposed floor plan, 0413/CIF/P/09 Long section, 0413/CIF/P/10 cross section, CIF/05 east elevation retaining walls, engineering report, bat & barn owl report received 20th June 2013

Page 38 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 4 APPLICATION NO. 2013/0513 WARD: Pennard Area 2

Location: 69A Pennard Road Pennard Swansea SA3 2AJ Proposal: Retention of two existing dormers and installation of one additional dormer Applicant: Mr Keith Atkins

67.1m

2 3

7 1

7 3

7 5

NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright. Page 39 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 4 (CONT’D) APPLICATION NO. 2013/0513

BACKGROUND INFORMATION

POLICIES

Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).

Policy HC7 Proposals for extensions and alterations to existing residential dwellings will be assess in terms of; relationship to the existing dwelling, impact on the character and appearance of the streetscene, effect on neighbouring properties, and impact on car parking. (City & County of Swansea Unitary Development Plan 2008)

SITE HISTORY

App No. Proposal 2007/1405 Retention of two storey side/front extension, two storey rear extension with side dormer, single storey side extension, first floor rear extension with side dormer and chimney (amendment to planning permission 2006/0611 granted on 5th May 2006) Decision: Grant Permission Conditional Decision Date: 01/10/2007

99/0283 FIRST FLOOR SIDE EXTENSION. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 23/04/1999

2006/0611 Two storey side/front extension, two storey rear extension with side dormer, single storey side extension, first floor rear extension with side dormer and chimney, and rear dormer Decision: Grant Permission Conditional Decision Date: 05/05/2006

2013/0018 Two front dormers Decision: Grant Permission Conditional Decision Date: 19/02/2013

2001/0736 Retention of porch on front elevation Decision: Grant Permission Unconditional Decision Date: 03/07/2001 Page 40 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 4 (CONT’D) APPLICATION NO. 2013/0513

85/0718/01 ERECTION OF BUNGALOW. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 27/06/1985

87/1007/02 ERECTION OF NEW BUNGALOW. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 08/09/1987

92/0590 AMENDMENT TO PREVIOUSLY APPROVED PLANNING PERMISSION (87/1007) i.e.INSERTION OF WINDOW IN GABLE AND 2NO VELUX ROOF WINDOWS Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 21/07/1992

93/0297 SINGLE STOREY REAR EXTENSION AND ERECTION OF DETACHED GARAGE Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 30/04/1993

RESPONSE TO CONSULTATIONS

Three individual properties were consulted. THREE LETTERS OF OBJECTION from the same property have been received, which are summarised as follows:

1. We have no reason to change our objection to this application for the same reason of infringement of our privacy. 2. The first 2 dormers have already stared work on the two dormers and it is blatantly obvious that they overlook our garden. 3. The original planning permission does not bear relation to what they have built. 4. We strongly oppose this application as it infringes on our privacy. The first two dormers have been constructed incorrectly and are far more intrusive than they were meant to be because of their height and a third dormer would make this worse. 5. The glass is opaque but the windows are not fanlights but open normally which give the neighbours full view of our home and the third window also has this design. 6. Work has continued without paying total disregard to the original planning application and rules and there is an attitude that not adhering to approved plans is advantageous and issues become fudged and unclear. 7. We are disappointed that the planning department are not enforcing the plans as approved and have to question the process that allows people to flagrantly disregard the authority if the council and carry on regardless. 8. There are anomalies on the application form. 9. The plans do not show a north point, date or reference number and do not show all of the existing house and as built rear conservatory. 10. The Leylandii hedge on the boundary with no.69 Pennard Road is 3.46m high not 3.9m as stated. 11. The existing and proposed windows are not identifiable on the existing and proposed ground floor plans. 12. The conservatory should be shown on the block and ground floor plans. Page 41 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 4 (CONT’D) APPLICATION NO. 2013/0513

13. The current application proposes dormer high up in the roof plane which contravenes the Design Guide for Householder Development. 14. The separation distance of circa 5m is considered to be grossly below the required 10m and is considered unacceptable in its relationship to the private amenity space to no.69. 15. The introduction of 3 dormers high in the roof plane would create a significant degree of perceived overlooking detrimental to the amenity of the occupiers of no.69. 16. If the LPA are minded to rant planning permission, we would request that the height of the fanlight from ground floor level is controlled. 17. The introduction of three dormer windows would create unacceptable overlooking and a significant degree of perceived overlooking, contrary to the UDP Policies EV1, HC2 and the SPG - A Design Guide for Householder Development.

APPLICANT’S STATEMENT

The window supplier has advised that all of the window sashes and hinge mechanisms can be removed and he can modify the windows to make them fixed and unopenable as well as obscure glazed. As for ventilation, the windows can be fitted with trickle vents.

APPRAISAL

This application is called to Committee for decision and a site visit at the request of Councillor Linda James because of a complaint from neighbours concerning residential amenity issues.

Full planning permission is sought to retain two dormer windows and insert a third into the front roof plane of 69a Pennard Road, Pennard. The property is a single storey dwelling built on a parcel of land to the rear of no. 69 Pennard Road.

Each dormer measures approximately 2.1m in width, 2.5m in height and projects a maximum of 2.6m from the roof slope. They are set up from the eaves by 2.2m and down from the ridge by 0.5m.

The main issues for consideration are the impact of the dormers on the visual and residential amenities of the area having regard to the criteria of Policies EV1, EV7 and EV26 of the Unitary Development Plan 2008.

In terms of visual amenity, the property is not in a highly visible location and the siting, scale and design of the dormers relate well to the overall appearance of the dwelling and in turn the street scene and surrounding AONB. It is recognised that the dormers are higher in the roof plane than previously approved, but they are set down from the ridge and up from the eaves and thus comply with the requirements of the Supplementary Planning Guidance - A Design Guide for Householders.

Members will recall that planning permission for two front dormers was granted in February 2013 – 2013/0018 refers. This permission was granted subject to the following condition:

Page 42 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 4 (CONT’D) APPLICATION NO. 2013/0513

The windows in the dormers hereby approved shall be obscure glazed, and unopenable except for a fan light and shall be retained as such unless otherwise agreed in writing with the Local Planning Authority. The reason given was ”to safeguard the privacy of the occupiers of neighbouring residential properties”.

With regards to residential amenity, and as indicated above, the original planning permission for two dormers - 2013/0018 refers, was considered acceptable providing the windows in the dormers, which serve non habitable rooms, were obscure glazed and unopenable apart from a fan light. This condition was imposed due to the restricted garden depth of no.69a of approximately 5m at this point. The two dormers have already been inserted in the roof slope but not in accordance with the siting and design of the original planning permission. In addition, whilst the windows are obscure glazed, the windows fitted are side hung and are not designed with a top opening fan light as per the originally imposed condition. It is considered therefore that the window position does result in direct overlooking of the rear garden area of no.69.

However, given that the siting and overall design of the dormers is considered acceptable, to mitigate against any unacceptable loss of privacy experienced by the occupiers of no.69, it is recommended that a condition be imposed requiring the windows that have already been installed to be fixed shut with the use of trickle vents for ventilation. It is also recommended that the condition requires these changes to take place within 3 months of the date of this planning permission. With regards to the third dormer, it is considered that a condition requiring it to be obscure glazed and fixed, apart from a fan light is imposed.

Turning to the comments raised by the objectors, it is accepted that the applicant has not complied with the original planning permission but has submitted the current application to rectify the situation. The Local Planning Authority would not take enforcement action against any development whilst a retrospective application has been submitted for consideration. It is also acknowledged that the originally submitted application was inaccurate but this was rectified with the submission of amended plans. The detail of the rear conservatory, whilst it is acknowledged that it is missing from the plans, is not necessary in order to process this application for front dormers. The issue of perceived overlooking is relevant but it is considered that if the actual overlooking issue is overcome, then the issue of perceived overlooking is not so unacceptable as to warrant a recommendation of refusal for this reason alone.

In conclusion and having regard to all material considerations, the insertion of three dormers into the roof slope of no.69a Pennard Road is acceptable subject to the change in fenestration detailing that complies with the overall requirements of Policy EV1 and HC7 of the Unitary Development Plan 2008.

RECOMMENDATION APPROVE, subject to the following conditions:

1 The development hereby permitted shall be completed in accordance with the plans hereby approved. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990. Page 43 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 4 (CONT’D) APPLICATION NO. 2013/0513

2 Notwithstanding the details on the approved plans, within 3 months of the date of this planning permission the windows in the two dormers already constructed shall be fixed shut and fitted with tricke vents for ventilation and be retained as such unless otherwise agreed in writing by the Local Planning Authority Reason: In the interests of the residential amenity of the occupiers of neighbouring property.

3 Notwithstanding the details on the approved plans, the window in the dormer serving the bedroom shall be obscure glazed and unopenable apart from a fan light, details of which shall be submitted to and approved in writing by the Local Planning Authority. Once approved, the scheme shall be implemented in accordance with the approved scheme and retained as such unless otherwise agreed in writing by the Local Planning Authority Reason: In the interests of the residential amenity of the occupiers of neighbouring property.

INFORMATIVES

2 This consent is issued without prejudice to any other consents or easements that may be required in connection with the proposed development.

PLANS

Site location plan, existing gable elevation (South), gable elevation (North) existing, existing front elevation (West), ground floor layout, existing first floor layout received 15th April 2013. Amended plans: proposed gable elevation (South), gable elevation (North) proposed, proposed 1st floor layout, proposed front elevation (West), additional plan viewing arc diagram received 24th May 2013

Page 44 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 5 APPLICATION NO. 2013/0085 WARD: Gower Area 2

Location: 2 The Boarlands Port Eynon Swansea SA3 1NX Proposal: Front and side balcony with privacy screen and detached garage Applicant: Mr & Mrs Evans Belmont 55.8m

Wyndways

New Park

Highfield Holiday Park

Shelter

3 0 49.6m

Swn -y-

mor

2 5

New Park L y n m e r A e 4 1 1 C 8 h a n n GP e l Vi ew Tank LB

Outlook

A b Hillcrest b e rl O e y ve C rto o t n ta 1 g e

L 4 a m -mor o n t T H E B O A R L A 47.2m N D H S

i 1 5 g h g a te

4 1

Sub Sta Ballee

2 1

NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright.

Page 45 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 5 (CONT’D) APPLICATION NO. 2013/0085

BACKGROUND INFORMATION

POLICIES

Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).

Policy EV9 Development within or adjacent to a Conservation Area will only be permitted if it would preserve or enhance the character and appearance of the Conservation Area or its setting. (City & County of Swansea Unitary Development Plan 2008)

SITE HISTORY

App No. Proposal A00/0084 REAR CONSERVATORY EXTENSION Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 03/03/2000

RESPONSE TO CONSULTATIONS

Two neighbouring properties have been consulted and the application has been advertised on site both in terms of the original and the amended proposals.

ORIGINAL PROPOSALS

Three letters of comment and one letter of objection has been received, the comments of which are outlined below:

Following consultation of the Title Deeds and other Land Registry documents it is evident that the land surrounding the tank and certainly the pathways to the south and west of the tank are not within the applicant’s ownership. Conditions relating to the access of the oil tank are attached. If and when the tank and the surrounding walls are removed, the conditions allowing right of access will no longer be valid.

The Gower Society – The balcony decking is extensive and whilst at the rear of the property its character will be significantly changed. Page 46 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 5 (CONT’D) APPLICATION NO. 2013/0085

We have concerns about the lack of privacy for adjacent property.

The Design Guide must be followed.

Port Eynon Community Council – These proposals are considered acceptable subject to all other normal planning and environmental health regulations being complied with.

Council particularly noted the following:

The detached double garage was of appropriate construction for its intended use and did not lend itself to subsequent use as habitable premises.

The balcony extension to the main house, with boat storage beneath, was close to and overlooking the neighbouring property, however, a letter of support has been received by the neighbouring property.

AMENDED PROPOSALS

ONE LETTER OF OBJECTION has been received, the concerns of which are outlined below:

There are still concerns regarding the curtilage of the property and as such it is requested that the following is brought to the attention of the Planning Committee when it meets:

1 Precisely where will the outer wall of the garage start? Is it to be where the outer wall of the Oil Tank is situated? 2 Is there to be a roof overhang which will in any way extend over the curtilage of our property? 3 Is there any expectation on the part of the applicant to use our clearly-defined pathways, their foundations or any other form of support in the demolition (if there is to be one) or construction process. 4 The site plan continues - quite wrongly - to suggest that the pathway from the Oil Tank to the roadway falls within the ownership of 2, The Boarlands or the separate property containing the Oil Tank acquired subsequently by Mr and Mrs Evans.

APPRAISAL

This application is reported to Committee for decision by Councillor Richard Lewis as it is in the Gower AONB.

Full planning permission is sought for a front and side balcony with privacy screen and detached garage. The property is a detached dwelling located within Port Eynon which is within the Gower AONB and the Port Eynon Conservation Area. The application site comprises a single storey bungalow, situated amongst a group of similar bungalow style dwellings. Prior to the application being submitted advice was given with regards to the proposals and their acceptability. It was advised that the majority of the proposals appeared to be potentially acceptable and that the overlooking from the balcony area could potentially be addressed by the addition of a privacy screen running along the side of the balcony. The application has been amended due to concerns regarding the residential curtilage associated with the site and the overlooking from the balcony towards No.3 The Boarlands. Page 47 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 5 (CONT’D) APPLICATION NO. 2013/0085

The redline curitlage now excludes the pathways to the south and west of the existing oil tank and includes a privacy screen running along the eastern facing side of the balcony.

The main issues for consideration with regard to this application are the impact of the proposals on visual and residential amenity, having regard to Policies EV1, EV9, EV26 and HC7 of the Unitary Development Plan, The Design Guide for Householder Development and the Gower AONB Design Guide. It is not considered that the provisions of the Human Rights Act raise any other overriding considerations.

The balcony is considered to be acceptable at this location given its sympathetic siting, scale and design. There is already an existing balcony at the property, therefore, this proposed balcony is not considered to have a major impact in terms of visual impact over and above the impact already created by the existing balcony. The privacy screen will not be considered to cause any major issues given that it is constructed of glass and therefore by its very nature will not be considered to have a detrimental impact. The garage whilst visible from the street scene is not considered to have a major impact given its relatively sympathetic dimensions and appearance. A matching materials condition is attached to ensure all materials utilised are sympathetic and in keeping with the host property. Therefore, the proposals are considered to be in keeping with Policies EV1, EV9, EV26 and HC7 of the Unitary Development Plan, the Design Guide for Householder Development and the Gower AONB Design Guide.

In terms of overbearance and overshadowing, the balcony in itself is not considered to cause any major issues given the nature of its construction. In terms of the privacy screen whilst it will be located relatively close to the boundary with No.3 The Boarlands it is not considered to have a major impact in terms of any physical impact given that it is made out of glass and as such light will be able to filter through the screen. In terms of the garage, whilst it is acknowledged that the garage is higher than the existing oil tank located at this part of the site it is not considered to have a detrimental impact given the orientation of the structure and the fact that the only neighbouring property who could be affected by it is located to the south-west of the site. In terms of overlooking, issues have been raised with regards to the overlooking from the side part of the proposed balcony towards No.3 The Boarlands given the proximity of the balcony to No.3 and as such the direct views that would be possible. Furthermore, the balcony would not have complied with the Authority’s separation distances in place and whilst it was acknowledged that there were already habitable first floor windows within this side of the property facing directly towards No.3 The Boarlands it was considered that the addition of the balcony would unacceptably accentuate this overlooking issue. Therefore, as a consequence the plans have been altered to incorporate an obscurely glazed privacy screen along the side of the balcony facing towards No.3 The Boarlands which is inline with the advice given prior to the application being submitted. The privacy screen will also be conditioned to ensure it is constructed prior to the beneficial occupation of the proposed balcony area. In terms of the fenestration within the garage, this is not considered to give rise to any unacceptable overlooking given the sympathetic location of the fenestration within this structure.

The Head of Transportation and Engineering Services has stated that there is no highway safety or parking implications with this proposal. Therefore, no objections are raised.

Page 48 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 5 (CONT’D) APPLICATION NO. 2013/0085

With regards to the concerns raised, the amendments to the redline curtilage have been considered to have addressed some of the concerns raised in relation to the curtilage of the site as the pathways to the south and west of the existing oil tank have been excluded from the curtilage and whilst the pathway to the south-east of the site (leading from Oil Tank to roadway) has not been excluded it is considered that even if this does not form part of the curitlage of the site it is not a determining factor in this instance as no development is proposed on this particularly part of the site. Furthermore an informative is attached to indicate the redline curtilage does not necessarily constitute the extent of the curtilage of the dwelling house. The issues with regards to impact on visual and residential amenities are addressed within the context of the report. The proposed garage will not be considered to verge onto the neighbours land and if there was any overhang of guttering etc this would essentially be a civil matter and covered under the Party Wall Act. Similarly if there was any use of neighbouring land during the construction process this would again be a civil matter and not a material planning consideration.

In conclusion, therefore, the proposals are considered to be appropriate forms of development that would not have any significant adverse impact upon the character and appearance of the host dwelling and the Gower AONB or impact upon the residential amenities of neighbouring occupiers, and, therefore, the proposals are considered to comply with Policies EV1, EV9, EV26 and HC7 of the City and County of Swansea Unitary Development Plan, The Gower AONB Design Guide and the Design Guide for Householder Development.

RECOMMENDATION

APPROVE, subject to the following conditions;

2 Notwithstanding the submitted plans a 1.8 metre high screen glazed with obscure glass should be constructed the full length of the eastern side of the balcony facing towards No.3 The Boarlands prior to the beneficial use of the balcony commencing and thereafter shall be retained as such unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the privacy of the occupiers of neighbouring residential properties.

3 The materials used in the development hereby approved shall match those of the existing building. Reason: In the interests of visual amenity.

Page 49 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 5 (CONT’D) APPLICATION NO. 2013/0085

INFORMATIVES

1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: (Policies EV1, EV9, EV26 and HC7 of the Unitary Development Plan)

2 This consent is issued without prejudice to any other consents or easements that may be required in connection with the proposed development.

3 Birds may be present in this building and grounds please note it is an offence under the Wildlife & Countryside Act 1981 (as amended) to intentionally (intentionally or recklessly for Schedule 1 birds) to: - Kill, injure or take any wild bird - Take, damage or destroy the nest of any wild bird while that nest in use or being built - Take or destroy an egg of any wild bird Care should be taken when working on buildings particularly during the bird nesting season March-August.

4 Bats may be present. All British bat species are protected under Schedule 5 of the Wildlife & Countryside Act 1981 (as amended) and are listed in Schedule 2 of the Conservation of Habitats and Species Regulations 2010. This legislation implements the EC Habitats & Species Directive in the UK making it an offence to capture, kill or disturb a European Protected Species or to damage or destroy the breeding site or resting place of such an animal. It is also an offence to recklessly / intentionally to disturb such an animal. If evidence of bats is encountered during site clearance e.g. live or dead animals or droppings, work should cease immediately and the advice of the Natural Resources Wales sought before continuing with any work (01792 634960).

5 The applicant should be advised that the red line detailed on the 1:1250 scale site location plan does not necessarily constitute the extent of the curtilage of the dwelling house.

6 PARTY WALL ETC ACT 1996 The developer is advised that the provisions of the Party Wall etc. Act 1996 may be applicable to the proposal and is advised to seek appropriate advice prior to any work commencing on site.

PLANS

FD/99/P03 existing elevations & floor plan received 19th March 2013. Amended FD/99/P01 Site Location Plan, FD/99/P02 Block Plan, FD99/P04 Proposed Floor Plans and Elevations, FD99/P05 Existing and Proposed Plan and Elevations received 8th July 2013.

Page 50 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 6 APPLICATION NO. 2013/0628 WARD: Gower Area 2

Location: Derwen Garn, Marsh Road, Llanrhidian, Swansea SA3 1ET Proposal: Construction of residential chalet, four moveable chicken sheds and one feed store Applicant: Mr K Bevan

Dr D a in r a i n

c k r a T

4.6m

i n a r D

4.7m

Spreads

Cattle Grid

Spring D r a i n

Rose City

Well

Sunny Lane Side 34.5m House

Pond

Llwynderw

37.2m

NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright. Page 51 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 6 (CONT’D) APPLICATION NO. 2013/0628

BACKGROUND INFORMATION

POLICIES

Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).

Policy EV22 The countryside throughout the County will be conserved and enhanced for the sake of its natural heritage, natural resources, historic and cultural environment and agricultural and recreational value through: i) The control of development, and ii) Practical management and improvement measures. (City & County of Swansea Unitary Development Plan 2008)

SITE HISTORY

App No. Proposal 2012/0709 Siting of a caravan Decision: Withdrawn Decision Date: 29/04/2013

2008/0494 Construction of a stable block Decision: Grant Permission Conditional Decision Date: 29/04/2008

RESPONSE TO CONSULTATIONS

The application was advised on site and in the press as a Departure from the Development Plan. TWO LETTERS OF OBJECTION have been received, which are summarised as follows:

1. Is this creeping development outside the village boundary? 2. The applicant does not consider adequate arrangements for waste as there are concerns by the EA about pollution into the estuary. 3. The business plan includes significant number of animal and poultry on a limited field. Page 52 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 6 (CONT’D) APPLICATION NO. 2013/0628

4. The Marsh is over grazed already. 5. There would be concerns about pollution, smell, waste disposal and the use of the road. 6. The road is already in a parlous state and often floods by the entrance to the field. 7. The land cannot sustain the quantity of animals specified in the application. 8. The land is very wet in the winter and is unsuitable for any animals at that time. 9. We have 16 acres and our Commoners Rights do not allow use to accommodate the number of cows specified in the application. I would like to see hard evidence of their claims. 10. This is a back door method of trying to achieve residential status.

Llanrhidian Lower Community Council – Objects as follows:

1. The proposed chalet, a residential dwelling, extends the Village boundary of established development and involves a change of use of land previously designed for agricultural purposes. 2. There is inadequate detail in the application of how the business plans to undertake the disposal of effluent waste from the site which will be very significant given the number of poultry involved. Indeed with the site only marginally higher than the pumping station, it is difficult to see how domestic sewage and drainage will be handled. 3. The field holding this operation is on the edge of a marsh designated a SSSI and National Trust Land where current peaceful views are to be impacted by the nature of the proposed development. 4. The increase in heavy traffic that this extended business will generate will further degrade a roadway already in a poor state of repair. The road immediately adjacent to the field in question is already subject to regular tidal flooding which increases still further the Council’s concern over effluent spillage. 5. The business plan accompanying the application envisages extensive animal husbandry – up to 30 cattle on a very limited acreage. The grazing rights attached to the property only allow for a total of 6 head of cattle on the Marsh and Llanrhidian Common – totally inadequate - raising strong concerns over pollution, waste disposal, additional buildings and animal welfare issues.

National Resources Wales – Objects as not enough information has been submitted to assess the impact of the scheme.

Highways Observations - Proposals are for the construction of residential chalet, four moveable chicken sheds and one feed store. Planning permission was granted for a stable block on the site 2008.0494 and access is established with good visibility for vehicles entering and leaving. Marsh Road is a local access road being mainly used by local residents and agricultural premises along this highway. Proposals include a 2 bed residential chalet for the owner and family and there is adequate parking for this within the curtilage of the site. There are no highway objections.

APPRAISAL The application is called to Committee for decision at the request of Councillor Richard Lewis as he has concerns over the size of the chicken sheds and that the chicken mess will drain into the water courses and the Loughor Estuary.

Page 53 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 6 (CONT’D) APPLICATION NO. 2013/0628

Full planning permission is sought for the construction of a residential chalet, four moveable chicken sheds and one chicken feed store on a parcel of land known as Derwen Garn on Marsh Road in Llanrhidian. Each chicken shed and the feed store would measure 7.5m x 5m with an overall height of 2.1m. The proposed timber clad chalet would be sited centrally within a parcel of land measuring approximately 22m x 16m and would measure 10m x 6m with a maximum overall height of 3.38m and comprises of two bedrooms, a bathroom, kitchen/lounge area and a front verandah. The remainder of the land would be the residential curtilage for the dwelling and would be enclosed by a post and rail fence.

The main issues to consider in this instance are the principle of a new dwelling and chicken sheds/feed store at this location having regard to the requirements of the relevant planning policies of Unitary Development Plan 2008 (UDP) together with the impact upon the visual and residential amenities of the area and access and highway safety. The Head of Transportation and Engineering raises no highway objection to the scheme.

Policy EV1 requires development to comply with good design criteria, Policy EV22 states that the countryside should be protected for its own sake and Policy EV26 states that within the Gower AONB the primary objection is the conservation and preservation of the Area’s natural beauty. Policy EC14 relates to agricultural developments and states that proper consideration should be given to the protection of natural heritage and the historical environment and be sympathetically sited, designed and landscaped.

Policy EV20 states that in the countryside new dwellings will only be permitted where:

(iv) The dwelling is required to accommodate a fulltime worker solely or primarily employed in agriculture, forestry or an appropriate use to serve the rural economy who needs to live on the premises rather than a nearby settlement, and

(v) There is no alternative existing dwelling available in nearby settlements and there are no existing buildings on the farm or forestry unit suitable for conversion to residential use, and

(vi) The proposed dwelling is located as close as possible to the existing farm buildings, forestry complex or place of work.

i. The functional need for the dwelling, and ii. Demonstrating the financial sustainability of the enterprise, and iii. The genuineness of the need for accommodation to serve the enterprise.”

This is further expanded in Technical Advice Note 6 (TAN 6) Planning for Sustainable Rural Communities July 2010 which is a material change in planning considerations since the formulation of the Swansea UDP. Paragraph 4.4 focuses upon new dwellings on established rural enterprises. This clearly states new dwelling should only be allowed to support established rural enterprises provided: Page 54 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 6 (CONT’D) APPLICATION NO. 2013/0628 a. There is a clearly established existing functional need; b. The need relates to a full time worker and does not relate to a part time requirement; c. The enterprise concerned has been established for at least 3 years, profitable for at least 1 of them and both the enterprise and the business need for the job, is currently financially sound, and has a clear prospect of remaining so; d. The functional need could not be fulfilled by another dwelling or by converting an existing suitable building already on the land holding comprising the enterprise or any other existing accommodation in the locality which is suitable and available for occupation by the worker concerned and e. Other normal planning requirements, for example siting and access are satisfied.

The applicant has provided a business plan which indicates that he plans to have approximately 2000 chickens on site, 500 of which will be reared for meat, and that the enterprise is not expected to make a profit for at least 3 years. The site at present has 2 small chicken sheds in place and a stable block that was granted planning permission in 2008 – 2008/0494 refers. They have also submitted a letter which shows that they have grazing rights over Llanrhidian Marshes and Landimore which comprises of “1 head of cattle or 1 horse or 5 sheep or a combination of such stock pro rata” and over Llanrhidian Hill and the Common which comprises of “5 head of cattle or 5 horse or 25 sheep or a combination of such stock pro rata”.

Policy EV20 requires any application for a new dwelling in the open countryside to be accompanied by details of the functional and financial need of the enterprise and that it should show a profit for at least 3 years. As the enterprise is not yet up and running this cannot be achieved and the application fails in this respect. In addition, the land in question is close to the village of Llanrhidian where a suitable property could be available for the applicant but to this end no information has been submitted to show that this option has been explored. As such, the proposal conflicts with (i) and (ii) of Policy EV20. In addition the proposal would neither comply with the requirements of TAN 6 as this is not an established rural enterprise.

In terms of principle, the siting of chicken sheds on this agricultural land is not wholly unacceptable and the siting of the sheds along the boundary of the field would dictate that although they would be visible, they would not appear unacceptably prominent in the wider landscape and would be associated with an agricultural use of the land.

The applicant has been advised of the need to submit further information concerning the functional and financial tests that have to be satisfied. However, to date, no further information has been forthcoming. In this case therefore no evidence has been submitted that the proposal is required for an agricultural dwelling and the proposal therefore fails to prove an essential agricultural or overriding economic or rural need for a dwelling at this countryside location. There are no other material considerations that outweigh the provisions of the Unitary Development Plan.

The detached nature of the site would dictate that a residential dwelling at this location would not unduly impact upon the residential amenity of the occupiers of nearby properties.

Page 55 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 6 (CONT’D) APPLICATION NO. 2013/0628

Notwithstanding this, on the basis of the fundamental overriding objections to the proposal in terms of principle, it is considered that the introduction of a dwelling on the application site would be a retrograde step in the conservation and enhancement of the countryside in this part of the Gower AONB to the detriment of its natural heritage and environmental value and as such would be considered visually intrusive contrary to the provisions of Policies EV1, EV22 and EV26.

In addition to the above, part of the land falls within a C2 Flood Zone. National Resources Wales has been consulted on this matter and have commented that the siting of the dwelling would seem to be just outside this area but have requested that a Flood Consequences Assessment (FCA) be undertaken. They have also commented that further information is required on how the chicken manure will be managed and stored and what measures are in place to avoid pollution to nearby water courses. The site is located next to the Burry Inlet, the Loughor Estuary SSSi, Carmarthen Bay SAC, Burry Inlet SPA and adjacent to a RAMSAR site and they also consider than not enough information has been submitted to assess the impact on these protected sites in terms of nutrient levels and air quality and ammonia emissions.

Turning to the comments raised by the objectors, these issues have been addressed in the main body of the report.

In conclusion and having regard to all material considerations, the proposal is considered to represent a visually intrusive form of development within the countryside, with no satisfactory rural justification or need, to the detriment of the rural character and status of this site and its landscape quality. As such the proposal would not only detract significantly from the character and appearance of the immediate surrounding vicinity, but would unacceptably harm the visual amenities and quality of this sensitive AONB landscape and surrounding countryside. Therefore the proposed development is considered to be contrary to Policies EV1, EV22, EV20, EV26 and EC14 of the Swansea Unitary Development Plan 2008. On this basis it is not considered that there is any justification to warrant a departure from the Development Plan at this location. Refusal is therefore recommended.

RECOMMENDATION

REFUSE, for the following reasons:

1 No satisfactory rural justification or need has been submitted for a new residential dwelling in the open countryside. The development would appear as a new visually prominent form of development which would detract from the rural character, appearance and natural beauty of the area and this part of the Gower AONB contrary to Policies EV1, EV20, EV22 and EV26 of the City and County of Swansea Unitary Development Plan 2008.

2 Approval of this application would set an undesirable precedent for the consideration of other proposals of a similar nature, the cumulative effect of which would be the incremental erosion of the natural beauty and character of the Gower Area of Outstanding Natural Beauty contrary to Policies EV1, EV2, EV20, EV22 and EV26 of the City and County of Swansea Unitary Development Plan 2008.

Page 56 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 6 (CONT’D) APPLICATION NO. 2013/0628

3 The applicant has failed to demonstrate that the proposal would not have a detrimental impact upon the adjacent SSSi, SAC, SPA and RAMSAR sites contrary to the requirements of section (v) Policy EV1 of the Unitary Development Plan 2008.

INFORMATIVES

PLANS

Site location plan, chicken shed specification, cabin photographs, cabin elevations, cabin cross section, cabin floor plan, proposed site layout, topographical survey, aerial photographs, chicken shed floor plan and elevations, moveable feed store floor plan and elevations, photos, business plan, received 24th June, 2013

Page 57 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 7 APPLICATION NO. 2013/0871 WARD: Penllergaer Area 2

Location: 54 Swansea Road, Penllergaer, Swansea SA4 9AQ Proposal: Two storey rear extension and detached garage S W A N Applicant: Mr & Mrs S DaviesS E A R O A D

101.8m

4 4

5 4

R Y 2

C 1

F 2

A 1 R

C E N T 1 O S C R E S B R Y N R H

- 1 6

NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright.

Page 58 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 7 (CONT’D) APPLICATION NO. 2013/0871

BACKGROUND INFORMATION

This application was DEFERRED at the Area 2 Committee held on the 23rd July 2013 to allow the applicant to submit revised plans with regards to the garage element of the proposal. The revised plans were received on the 7th August 2013. The report has been amended to include an assessment of this revised scheme, however, my recommendation of approval remains.

The application was the subject of a Site Visit at the previous Committee meeting.

POLICIES

Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).

SITE HISTORY

None

RESPONSE TO CONSULTATIONS

Four neighbouring properties have been consulted and ONE LETTER OF OBJECTION has been received, the concerns of which are outlined below:

Due to the angle of the two properties in relation to each other, the proposed garage would be sited directly in front of the neighbour’s habitable room windows at a distance of approximately 5 metres.

The garage will be overbearing and overshadowing to the neighbour’s property and affect the enjoyment of the neighbour’s property.

Highway Observations - Proposals are for a two storey rear extension and detached garage. There is no increase in demand for parking and current parking arrangements which are satisfactory are unaffected. There are no highway objections.

APPRAISAL

This application is reported to Committee for decision and a Site Visit requested by Councillor Wendy Fitzgerald to assess the proximity and height of the garage and its impact on the neighbouring property’s habitable rooms.

Page 59 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 7 (CONT’D) APPLICATION NO. 2013/0871

Full planning permission is sought for a two storey rear extension and detached garage at No.54 Swansea Road, Penllergaer. The application property is detached and is located within an established residential area.

The main issues for consideration with regard to this application are the impact of the proposals on visual and residential amenity, having regard to Policies EV1 and HC7 of the Unitary Development Plan and The Design Guide for Householder Development. It is not considered that the provisions of the Human Rights Act raise any other overriding considerations.

In terms of visual amenity, the two storey rear extension is considered to be acceptable given its sympathetic siting, scale and design. The extension will be located to the rear of the property and will not as such have an impact on this stretch of Swansea Road. In terms of the detached garage, as this is also located to the rear of the property it is not as such considered to have an unacceptable impact given its sympathetic location. The materials specified are also considered to be satisfactory matching the materials of the existing property. Therefore, the proposals are considered to comply with Policies EV1 and HC7 of the Unitary Development Plan and the Design Guide for Householder Development.

In terms of overbearance and overshadowing, the two storey extension complies with the 45 degree code when taken from each property either side, therefore, it is not considered to have an unacceptable physical impact. In terms of the garage whilst it is acknowledged that the garage will be located on the boundary which is shared with No.11 Glanyrafon Close it is not considered to have an unacceptable impact given that its eaves height is only slightly higher than the height of a permitted boundary treatment (approximately 2.4m high) and furthermore given that the neighbouring property is located to the south of the host property this is also considered to ensure that the impact on the neighbouring property would not be sufficient to warrant a recommendation of refusal in this instance. In addition, the amended plans including a hipped roof to both the front and rear of the garage and a reduced overall height of the garage (reduced by approx 0.5m) are considered to reduce the impact on the neighbouring property further and as such any concerns previously raised are considered to have been addressed by these amendments. In terms of overlooking, the only window within the extension which could result in potential overlooking is considered to be the first floor window within the side of the two storey extension facing towards No.11 Glanyrafon Close. A condition is recommended, however, to ensure that this window is glazed with obscure glass. There are considered to be no issues with regards to overlooking from the garage given the sympathetic location of fenestration.

The concerns raised, regarding the impact on the neighbouring property are considered to be addressed within the context of the report.

The Head of Transportation and Engineering Services has stated that there is no increase in demand for parking and current parking arrangements which are satisfactorily unaffected. Therefore, no objections are raised and the proposal is regarded as acceptable in highway safety terms.

Page 60 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 7 (CONT’D) APPLICATION NO. 2013/0871

In conclusion, therefore, the proposal is considered to be an appropriate form of development that would not have any significant adverse impact upon the character and appearance of the host dwelling or impact upon the residential amenities of neighbouring occupiers, and, therefore, the proposal is considered to comply with Policies EV1 and HC7 of the City and County of Swansea Unitary Development Plan and the Design Guide for Householder Development.

RECOMMENDATION

APPROVE, subject to the following conditions:

2 The first floor window in the south-east facing side elevation of the two storey extension, as indicated on Plan No: CW373/03 shall be obscure glazed, and unopenable except for a fan light and shall be retained as such unless otherwise agreed in writing with the Local Planning Authority. Reason: To safeguard the privacy of the occupiers of neighbouring residential properties.

INFORMATIVES

1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: (Policies EV1 and HC7 of the Unitary Development Plan)

2 Bats may be present. All British bat species are protected under Schedule 5 of the Wildlife & Countryside Act 1981 (as amended) and are listed in Schedule 2 of the Conservation of Habitats and Species Regulations 2010. This legislation implements the EC Habitats & Species Directive in the UK making it an offence to capture, kill or disturb a European Protected Species or to damage or destroy the breeding site or resting place of such an animal. It is also an offence to recklessly / intentionally to disturb such an animal. If evidence of bats is encountered during site clearance, work should cease immediately and the advice of the Countryside Council for Wales sought before continuing with any work (01792 634960).

ITEM 7 (CONT’D) APPLICATION NO. 2013/0871

4 The proposed development lies within coal mining area which may contain unrecorded mining related hazards. If any coal mining feature is encountered during development, this should be reported to The Coal Authority.

Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires the prior written permission of The Coal Authority.

Property specific summary information on coal mining can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com

5 This consent is issued without prejudice to any other consents or easements that may be required in connection with the proposed development.

PLANS

CW373/05 site location plan, CW373/01 existing layout plans, CW373/02 existing elevations & photograph of rear elevation, CW373/04 site plan received 10th June 2013. Amended CW373/03 (D) Proposed elevations and floor plans received 7th August 2013.

Page 62 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 8 APPLICATION NO. 2013/0875 WARD: Gower Area 2

Location: Middleton Hall Cottage Rhossili Swansea SA3 1PJ Proposal: Installation of a 5KW wind turbine on a 15m tower Applicant: Dr Christopher Payne Well

P Issues a t h ( u m )

Pond

Cattle Grid Mi d d l e t o n H a l l C o t t a g e

Highmead

NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright.

Page 63 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 8 (CONT’D) APPLICATION NO. 2013/0875

BACKGROUND INFORMATION

POLICIES

Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).

Policy R11 Proposals for the provision of renewable energy resources, including ancillary infrastructure and buildings, will be permitted subject to compliance with specified criteria. (City & County of Swansea Unitary Development Plan 2008)

SITE HISTORY

App No. Proposal 2005/2260 Conversion of existing barn, with single storey side extension to form holiday let accommodation Decision: Grant Permission Conditional Decision Date: 12/03/2006

97/0020 SINGLE STOREY REAR EXTENSION Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 07/02/1997

RESPONSE TO CONSULTATIONS

The application was advertised on site and one individual property was consulted. EIGHT LETTERS OF OBJECTION have been received, which are summarised as follows:

1. A turbine is not a natural structure and is detrimental to the character of the area. 2. The turbine would be visible from the lane and from the top of Rhossili Down. 3. Wind energy if the least efficient green energy measure and the impact of the structure is disproportionate to the rewards. 4. I se bats in my garden no more than 100m from the site and the turbine would disrupt their habitat and those of the housemartins and swallows we see. Page 64 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 8 (CONT’D) APPLICATION NO. 2013/0875

5. The house is a holiday home and is use only on a sporadic basis and there would be no on site or local oversight of the turbine which raised concerns over safety. 6. The turbine would create an unwelcome noise which will be audible at greater distances than in an urban setting. 7. If one turbine is granted others may seek the same result. 8. The power outcome is unpredictable. 9. Excavation works, construction and laying cables would destroy the scenery and disturb the wildlife in the site. 10. Saying that the birds are unlikely to be damaged is one sided. 11. The UK Bat Conservation Trust recommends that domestic turbines are 50m away from buildings trees and ponds that could be used as roost or foraging but the applicants own house and trees to west are only 30m away. 12. The children form the Activity centre could stray into the site and be injured. 13. In high winds the turbine might topple over or its blades snap and it is a holiday home and it is difficult to see how one can keep an oversight on the safety and security of the turbine. 14. It is not essential for agriculture or the rural economy. 15. At 15m high, it will have particular prominence. 16. If the applicant is serious about cutting co2 emissions, a solution would be to plant trees and shrubs in his field. 17. I am concerned about the impact on birds. 18. It will set a precedent.

Rhossili Community Council – Comments as follows:

“Rhossili Community Council does not think that this type of development is appropriate on Gower AONB. The turbine siting would be particularly visible as it can be seen from the main road to Rhossili, from the coastal path, at all the surrounding viewpoints from Middleton to Cefn Bryn, and from wherever Rhossili Down is visible from the road. An alternative energy source could be considered, such as solar panels, producing similar or more output. In allowing this type of development there is a risk of setting a precedent for this area of outstanding natural beauty”.

The Gower Society – objects as follows:

1. We believe that this turbine will display a serious impact upon the AONB. 2. It will be seen on the horizons from a number of locations. 3. There are public footpaths in close vicinity including The Gower Way. 4. This proposal on private land is very close to open access common where the public have a right to walk. 5. There are other houses in close proximity to this holiday home as well as the CCs Outdoor Pursuits Centre. 6. This application has the unenviable place in Gower AONB history as being the first for a wind turbine of this size. It must be reviewed as a test case for things yet to come and any precedent that may be set. 7. it is ironic that there are a number of ongoing schemes to remove overhead cables on the AONB and we have to fight schemes of this type.

Glamorgan Gwent Archaeological Trust Ltd – The proposed works will require archaeological mitigation.

Page 65 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 8 (CONT’D) APPLICATION NO. 2013/0875

Pollution Control – No objection subject to conditions.

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Richard Lewis to assess the impact upon the AONB.

Full planning permission is sought for the installation of a 5m wind turbine atop a 15m high tower at Middleton Hall Cottage in Rhossili.

The main issues for consideration are the impact of the installation on the visual and residential amenities of the area having regard to the policies of the Unitary Development Plan 2008.

Policy EV1 refers to developments complying with good design criteria, being appropriate to its local context and protecting natural heritage, historical and cultural environment. Policies EV22 and EV26 refer to the countryside being protected for its own sake and that within the Gower AONB, the primary objective is the conservation and enhancement of the Area’s natural beauty respectively.

Policy R11 refers to the provision of renewable energy resources being permitted providing:

(i) The social, economic or environmental benefits of the scheme in meeting local, and national energy targets outweigh any adverse impacts, (ii) The scale, form, design, appearance and cumulative impacts of proposals can be satisfactorily incorporated into the landscape, seascape or built environment and would not significantly adversely affect the visual amenity, local environment or recreational/tourist use of these areas, (iii) There would be no significant adverse effect on local amenity, highways, aircraft operations or telecommunications, (iv) There would be no significant adverse effect on natural heritage and the historic environment, (v) The development would preserve or enhance any conservation areas and not adversely affect listed buildings or their settings, (vi) The development is accompanied by adequate information to indicate the extent of possible environmental effects and how they can be satisfactorily contained and/or mitigated, (vii) The development includes measures to secure the satisfactory removal of structures/related infrastructure and an acceptable after use which brings about a net gain where practically feasible for biodiversity following cessation of operation of the installation.

The proposed turbine would be sited approximately 30m to the east of the application property in a field owned by the applicant. The application site is in an elevated position and panoramic views of the surrounding countryside can be viewed from the application site. In turn this would dictate that the application site can be seen from many public vantage points in the surrounding area.

Page 66 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 8 (CONT’D) APPLICATION NO. 2013/0875

It is therefore considered that the siting and scale of the proposed turbine would appear as a highly prominent, incongruous and discordant feature in this protected landscape, having a serious material adverse affect on the natural beauty of the Gower AONB, contrary to the requirements of Policy EV26 which states that the primary objective is the conservation and enhancement of the Area’s Natural Beauty. In addition, as the proposal is considered to unduly impact upon the character of the AONB, the scheme is also considered to fail to comply with sections (ii) and (iv) of Policy R11 and section (v) of Policy EV1.

The applicant has submitted a Landscape and Visual Assessment of the turbine which concludes that “ the proposed turbine will be visible from the surrounding landscape, it will coalesce with existing development to which it is an essential source of economic and environmental effectiveness to the effect that it’s visual impact is justified by the benefit it provides”. However, the photo montages supplied within this Assessment would appear to contradict its contention that the turbine would not be visually prominent and it is considered that no mitigation could be provided to disguise this prominence. It is neither considered that the installation of a turbine which would only supply energy for one individual dwelling would override the significant visual impact upon this protected landscape, contrary to section (ii) of Policy R11.

Turning to residential amenity issues, it is considered that the detached siting of the turbine would dictate that there are no residential amenity issues to consider with regards to loss of light or overbearing physical impact.

The issues raised by the objectors have been addressed above in the main body of the report.

In conclusion and having regard to all material considerations, including the Human Rights Act, the installation of the wind turbine is not considered an acceptable form of development at this location which would have a significant detrimental impact upon the visual qualities of the Gower AONB, contrary to the requirements of Policies EV1, EV22, EV26 and R11 of the Unitary Development Plan 2008. Refusal is therefore recommended.

RECOMMENDATION

REFUSE, for the following reason:

1 The proposed wind turbine would appear as a prominent, discordant and incongruous feature within this part of the Gower AONB, which would neither conserve nor enhance the Area's natural beauty, contrary to the requirements of Policies EV1, EV22, EV26 and R11 of the Unitary Development Plan 2008.

INFORMATIVES

Page 67 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH AUGUST 2013

ITEM 8 (CONT’D) APPLICATION NO. 2013/0875

PLANS

Site location plan, wind turbine specifications, proposed wind turbine elevations, photograph, landscape and visual impact assessment received 5th June 2013

Page 68 AREA 2 DEVELOPMENT CONTROL COMMITTEE (37)

Councillors

Labour Councillors: 25 John C Bayliss Andrew J Jones Nicholas S Bradley David J Lewis June E Burtonshaw Paul Lloyd Mark C Child Geraint Owens Bob A Clay Jennifer A Raynor David W Cole J Christine Richards Ann M Cook Robert V Smith Jan P Curtice R C Stewart William Evans Mitchell Theaker Robert Francis-Davies Gloria J Tanner Terry J Hennegan Des W W Thomas David H Hopkins Mark Thomas Yvonne V Jardine

Liberal Democrat Councillors: 6 Mary H Jones Cheryl L Philpott Richard D Lewis T Huw Rees John Newbury R June Stanton

Independent Councillors: 4 E Wendy Fitzgerald Susan M Jones Lynda James Keith E Marsh

Conservative Councillors: 2 Anthony C S Colburn C Miles R W D Thomas

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