Document Pack

Mark James LLM, DPA, DCA Prif Weithredwr , Chief Executive, Neuadd y Sir, Caerfyrddin. SA31 1JP County Hall, Carmarthen. SA31 1JP

TUESDAY, 3 MAY 2016

TO: ALL MEMBERS OF THE PLANNING COMMITTEE

I HEREBY SUMMON YOU TO ATTEND A MEETING OF THE PLANNING COMMITTEE WHICH WILL BE HELD IN THE CHAMBER, COUNTY HALL, CARMARTHEN AT 1.30 PM ON TUESDAY, 10TH MAY, 2016 FOR THE TRANSACTION OF THE BUSINESS OUTLINED ON THE ATTACHED AGENDA

Mark James

CHIEF EXECUTIVE

PLEASE RECYCLE Democratic Officer: Martin S. Davies Telephone (direct line): 01267 224059 Fax: (01267) 224911 E-Mail: Democraticservices@carmarthenshire.gov.uk Ref: AD016-001

PLANNING COMMITTEE 19 MEMBERS

PLAID CYMRU GROUP - 7 MEMBERS 1. Councillor J.M. Charles Member of Llanegwad Community Council 2. Councillor W.T. Evans Member of Llangyndeyrn Community Council 3. Councillor J.K. Howell 4. Councillor W.J. Lemon Member of Llanelli Town Council 5. Councillor A. Lenny Member of Carmarthen Town Council 6. Councillor J. Owen 7. Councillor J.S. Williams Member of Pontyberem Community Council

LABOU R GROUP - 6 MEMBERS 1. Councillor A.P. Cooper Member of Llandybie Community Council 2. Councillor T. Davies Member of Gorslas Community Council 3. Councillor D.C. Evans Member of Ammanford Town Council 4. Councillor A.W. Jones 5. Councillor K. Madge Member of Cwmamman Town Council 6. Councillor M.K. Thomas Member of Llannon Community Council

INDEPENDENT GROUP - 6 MEMBERS 1. Councillor D.B. Davies Member of Llansteffan Community Council 2. Councillor I.W. Davies 3. Councillor J.A. Davies 4. Councillor I.J. Jackson Member of Llandovery Town Council 5. Councillor H.I. Jones Member of Bronwydd Community Council 6. Councillor T. Theophilus Member of Cilycwm Community Council

NOMINATED SUBSTITUTES Plaid Cymru Group (4) 1. Councillor M.J.A. Lewis 2. Councillor D.J.R. Llewellyn 3. Councillor G.B. Thomas 4. Councillor J.E. Williams

Labour Group (4) 1. Councillor R. Bartlett 2. Councillor P.M. Edwards 3. Councillor J.D. James Member of Pembrey & Burry Port Town Council 4. Councillor P.E.M. Jones Member of Pembrey & Burry Port Town Council

Independent Group (4) 1. Councillor S.M. Allen Member of Whitland Town Council 2. Councillor W.J.W. Evans Member of Llanddarog Community Council 3.. Councillor P.M. Hughes 4. Councillor D.W.H. Richards

Local Member invited to attend the meeting:- Agenda Item 3.2 – Councillor B.A.L. Roberts

A G E N D A

1. APOLOGIES FOR ABSENC E.

2. DECLARATIONS OF PERS ONAL INTERESTS.

3. TO CONSIDER THE HEAD OF PLANNING'S REPORT S ON THE FOLLOWING PLANNING APPLICATIONS [WHICH HAD BEEN THE SUBJECT OF EARLIER SITE VISITS BY THE COMMITTEE] AND TO DETERMINE THE APPLICATIONS:

3 .1 E/33054 - RESUBMISSION OF APPLICATION E/32204 5 - 16 WITHDRAWN ON 19.8.15 - CHANGE OF USE OF EXISTING INDUSTRIAL/COMMERCIAL AND ANCILLARY OFFICE UNITS TO ALLOW RENTAL, MAINTENANCE, REPAIR AND MOT OF CLASS 4,5 &7 VEHICLES AT UNIT 1 AND 5, MAESQUARRE ROAD, AMMANFORD, CARMARTHENSHIRE, SA18 2HQ; 3 .2 S/33 499 - QUAYSIDE LANDSCAPING WORKS - 17 - 26 AMENDMENT TO LANDSCAPING SCHEME PREVIOUSLY APPROVED UNDER PLANNING REFERENCE S/19221 DATED 07/10/10 AT LAND AT MACHYNYS WEST, LLANELLI, CARMARTHENSHIRE; 3 .3 W/33489 - CHANGE OF USE OF EXISTING BUILDINGS TO 27 - 44 ANIMAL FEED FACILITY WITH ASSOCIATED EXTERNAL WORKS AND THE PROVISION OF A NEW PRIVATE ACCESS ROAD AT CWM EYNON FARM, FOUR ROADS, KIDWELLY, SA17 4SD. 4. TO DETERMINE THE PLA NNING APPLICATIONS D ETAILED WITHIN THE FOLLOWING REPORTS OF THE HEAD OF PLANNING:

4 .1 AREA WEST - DETERMINATION OF PLANNING 45 - 60 APPLICATIONS.

This page is intentionally left blank Agenda Item 3.1

Application No E/33054

Application Type Full Planning

Proposal & RESUBMISSION OF APPLICATION E/32204 WITHDRAWN ON Location 19.8.15 - CHANGE OF USE OF EXISTING INDUSTRIAL/COMMERCIAL AND ANCILLARY OFFICE UNITS TO ALLOW RENTAL, MAINTENANCE, REPAIR AND MOT OF CLASS 4, 5 & 7 VEHICLES AT UNIT 1 AND 5, MAESQUARRE ROAD, AMMANFORD, CARMARTHENSHIRE, SA18 2HQ

Applicant(s) BARRIE WILLIAMS, 21 PONTARDULAIS ROAD, LLANGENNECH, LLANELLI, SA14 8YE

Agent DAVIES RICHARDS DESIGN LTD - CHRISTIAN WILLIAMS, 42 RHOSMAEN STREET, LLANDEILO, SA19 6HD

Case Officer Andrew Francis

Ward Pontamman

Date of validation 07/12/2015

CONSULTATIONS

Head of Public Protection – Offers no objection to the application subject to the Imposition of conditions

Ammanford Town Council – No observations received to date.

Local Member - County Councillor D C Evans is a member of the Planning Committee and requested that the Planning Committee visits the site prior to determining the application to enable members to fully consider his objections;

• The application is a resubmission of Application No E/32204 which was withdrawn on the 19.8.15 due to, as I understand, that an insufficient noise report was submitted.

• I am aware that a further noise report has been submitted with this latest application, and is now being considered by our Public Protection Division.

• This site, which is bounded on two sides by residential dwellings is wholly, in my view and of the number of residents who have to date objected to this development, inappropriate for this type of activity. In fact it is beyond belief that this site was afforded planning permission initially, considering its location, and bearing in mind that there is a small Industrial estate the other side of the road to this development.

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• My concern is that this present structure, which is nothing more than a glorified tin shed, is hopelessly inadequate in the context of Noise Attenuation bearing in mind its proposed use! The intended use being “To allow for the Rental, Maintenance, Repair, and M.O.T. of Class 4, 5 and 7 Vehicles”.

• I can envisage, that the noise created by air powered tools and hydraulics, reversing sirens and the revving of diesel engines being “Emission tested” will have a detrimental effect on the ability of the local residents in the enjoyment of their property.

• The noise created by these processes will be magnified by the fact that some of the properties most likely to be affected are located on the elevated boundary to this site, in that the rear of these properties are looking down on this ‘glorified tin shed’ The noise therefore will in effect, not only go through the sides, but the roof as well!

• I am equally concerned on the aspect of air pollution which may occur when these large trucks are being tested, for example, for their M.O.T. and the particulates including No2 which could be generated.

• There is currently no adequate noise insulation or emission control at these premises!

• In addition, these premises have had an unfortunate history with previous fires which set alight neighbouring gardens and a fatal accident a few years back.

• In my opinion this development is wholly inappropriate for what is a residential location. I trust therefore that the reasons outlined above will satisfy the criterion to facilitate a site visit, in order for the members of the Planning Committee to see for themselves how this application may have such a detrimental effect on neighbouring residents.

Natural Resources Wales – Offers no objection subject to advice.

Dwr Cymru Welsh Water – Offers no objections to the proposal.

Neighbours/Public – The application was advertised by the erection of three Site Notices. As a result, five letters of objection have been received. The points of objection are summarised as follows:-

• The proposal would entail a use that should not be situated next to residential properties.

• The proposed use would entail a fire risk from the storage of petroleum based products, storage of oils, tyres and the use of welders, cutting materials etc. The risk of fires and explosions is real.

• There are already a number of MOT garages in the area, it is difficult to identify any significant benefit to the community and would be to the detriment to other businesses.

• Vehicles would be continually entering, exiting and manoeuvring in the yard below the properties, plus vehicles would be being repaired and tested in the workshops. The level of noise generated, along with the associated air pollution would be unbearable in close proximity to the residential properties.

Page 6 • The vehicle movements along with revving engines, horns and alarms would also create a noise nuisance. The two previous businesses on the site have both caused disturbance and this proposal is likely to lead to unacceptable levels of noise and fumes, due to breaches of the previous strict planning conditions imposed at appeal.

• There would be a lot of vehicles using the single access point creating a potential black spot for motorists and pedestrians using Maesquarre Road which is close to the junction for High Street and Pontamman Bridge. The use will also generate more traffic through Ammanford making congestion worse.

• There are more suitable locations for this business such as Tirydail Lane or Capel Hendre Industrial Estate.

• There is a possibility that the buildings are occupied by bat, whilst there is evidence of Japanese Knotweed growing adjacent to Unit 5, which should be treated accordingly.

• The development will negatively impact the existing businesses in the area causing job losses.

RELEVANT PLANNING HISTORY

The following previous applications have been received on the application site:-

E/32204 Change of use of existing industrial/commercial and ancillary office units to allow rental, maintenance, repair and MOT of Class 4, 5 & 7 vehicles Withdrawn 19 August 2015

E/16920 Removal of condition no 1 on planning D6/12051/86; removal of condition nos 1, 3 & 4 on planning D6/12228/86, removal of condition no 1 on planning D6/13515/87 to allow continued use of premises by Timber Frame Wales Ltd proposed new working hours and outside storage: 7.30 am - 7.30 pm Monday to Friday 7.30 am - 1.00 pm Saturday Removal of Condition refused 06 October 2008

ENF 84 Enforcement Notice issued - to require the cessation of the use of the land for purposes other than a light industrial use, more particularly the repair and service of plant and machinery 06 September 1989

P6/13515/87 Removal of storage condition (no 2) on 12051/86 Approved 7 January 1988

P6/12228/86 Change of use to builders’ suppliers depot and yard Full planning permission 17 July 1986

P6/12051/86 Change of use of part to retail sales Full planning permission 16 June 1986

Page 7 P6/11065/85 Office extension Full planning permission 14 May 1985

P6/9534/83 Remove condition 1 of 6705/80 Withdrawn 15 December 1983

P6/7867/82 Change of use of warehouse to light industrial use Full planning refused 2 September 1982 Appeal upheld 1 November 1983

P6/6705/80 Change of use to furniture manufacturing Full planning permission 27 November 1980

P6/6374/80 Warehouse Full planning permission 16 December 1980

APPRAISAL

THE SITE

The application site, is located off the eastern flank of Maesquarre Road, at its northern end, close to the junction with the A474, Ammanford Outer Relief Road that serves to link Pontamman and the Amman Valley beyond with Ammanford.

The site that comprises land and two industrial buildings known as Unit 1 and Unit 5 respectively is situated in a mixed use area, with the residential estate of Ashgrove immediately adjacent to the south and east, industrial uses to the west and a closed Chinese restaurant and dwelling to the north. A former nightclub that has recently gained permission to be changed to houses is situated to the south-west of the application site.

The site is relatively flat, though, the land to the north is lower and to the south, higher. There is a strong existing tree line on the steep bank between the application site and the dwellings of Ashgrove above.

The initial building (Unit 1) towards the road frontage of the site was originally designed to be a National Coal Board warehouse in close proximity to the Betws Mine that dominated the area around the late 1970’s and early 1980’s.

Following the demise of coal mining, the application site was used for the manufacture and storage of furniture, prior to a successful planning appeal authorised the whole of the site as being suitable for light industrial use.

The last implemented planning permissions are those in conjunction with the use of the site by LBS Builders Merchants, namely P6/12051/86, P6/12228/86 and P6/13515/87.

An Enforcement Notice (Ref. No. 84) was issued in September 1989 to secure the cessation of the use of the site for heavy plant and machinery repairs.

Page 8 Although there have been subsequent occupiers/uses, such as retailer storage, upvc window manufacture, classic car repair and timber frame manufacture, these have operated without planning permission and have usually relocated when informed that the land has previously only had a valid planning permission for a builders’ merchants, other than which only a light industrial use and been considered to be acceptable

THE PROPOSAL

The application seeks full planning permission to change the use of the existing buildings on the site to be used for the maintenance, repair, rental and MOT of class 4, 5 and 7 vehicles. No additional extensions or new buildings are proposed, with all works proposed to take place within the existing two buildings on site.

The applicant has clarified that the largest vehicle (Class 7) equates to a larger Ford Transit size van and that the business shall employ 12 full time employees.

The application is supported by a Noise Management Plan and a Tree Survey with all of the existing boundary treatments and landscaping to remain as existing.

PLANNING POLICY

The application site lies within the settlement development limits for Ammanford, as defined in the Carmarthenshire Local Development Plan. As such, policies GP1, EMP3, TR2 and TR3 apply.

Policy GP1 states that development should conform with and enhance the character and appearance of the area, utilise appropriate materials and should not have a significant impact on the amenity of adjacent land uses, properties, residents or the community. The proposal should also include a mixture of uses appropriate to the scale of the development and helps to create attractive and safe public places, which has an appropriate access which does not give rise to any parking or highway safety concerns and has regard for the for the satisfactory generation, treatment and disposal of both surface and foul water.

Policy EMP3 states that proposals for the intensification of existing employment enterprises will be permitted provided that the proposal is not likely to cause environmental damage or prejudice other redevelopment proposals, would not result in adverse amenity issues or be compatible with neighbouring uses and are of an appropriate scale and form, compatible with its location.

Policy TR2 considers proposals which have the potential for significant trip generation and will be permitted where it is located in a manner consistent with the Plan’s strategic objectives, policies and proposals.

Policy TR3 in this instance requires that the development has appropriate parking and servicing space in accordance with required difficulties, an appropriate access reflective of the relevant class of road and speed limit and suitable drainage systems that dispose of surface water from the highway. Proposals which do not generate unacceptable levels of traffic on the surrounding road network and would not be detrimental to highway safety or cause significant harm to the residents will be permitted, as will proposals which will not result in offsite congestion where the road network capacity is sufficient .

Page 9 THIRD PARTY REPRESENTATIONS

The application was publicised by means of three site notices. As a result, five letters of objection have been received. The points of objection are summarised and discussed as follows:

• The proposal would entail a use that should not be situated next to residential properties.

• The vehicle movements along with revving engines, horns and alarms would also create a noise nuisance. The two previous businesses on the site have both caused disturbance and this proposal is likely to lead to unacceptable levels of noise and fumes, due to breaches of the previous strict planning conditions imposed at appeal.

The aforementioned grounds of concern relate to potential disturbance and/or loss of residential amenity, in respect of which the application has been carefully measured. In particular, the Authority’s Public Protection Department has carefully considered the proposal, indeed they were strict enough on the first submission of the application to merit the formal withdrawal of that application in favour of this resubmission that provides extra, relevant information (Noise Management Plan) that had been requested. The Head of Public Protection Department now deems the proposal to be an acceptable form of development subject to a number of strict conditions. As such, the risks to the neighbouring properties in terms of air pollution, noise and risk of fire are considered to be acceptably managed.

• There are already a number of MOT garages in the area, it’s difficult to identify any significant benefit to the community and would be to the detriment to other businesses.

With regard to this point, the issue of competition is not material to the planning determination of this application.

The application site enjoys a modern form of vehicular access almost directly onto the Ammanford Outer Relief road which is capable of accommodating a considerable volume of traffic. The design and construction of that road would have had due regard to the nature of the junctions with both High Street and Maesquarre Road. The application site has previously been utilised as a builders’ merchants that incorporated both trade and public sales which would possibly have generated a comparable amount of vehicular traffic.

Page 10

• There are more suitable locations for this business such as Tirydail Lane or Capel Hendre Industrial Estate.

Having due regard to this particular concern, the Council as the local planning authority has to consider the acceptability of the proposal at the location submitted.

• There is a possibility that the buildings are occupied by bat, whilst there is evidence of Japanese Knotweed growing adjacent to Unit 5, which should be treated accordingly

Neither National Resources Wales nor the Planning Ecologist have raised any objection to the application. The Ecologist considers the buildings to offer a low potential for bats and that a survey was unnecessary. Nevertheless, should permission be granted, the applicant is offered advice regarding the issue of bats and their protected status. With regard to the issue of Japanese Knotweed, this issue can, if necessary, be addressed through the use of a planning condition.

CONCLUSION

The central issue in the determination of the application is considered to be the potential impact of the proposed vehicle related use upon the amenity of the occupiers of the nearby residential properties, who have clearly stated their objection to this current proposal and whom it is known to have previously resorted to complaining about both unauthorised and authorised occupiers of the premises on that basis.

The applicant has conveyed that no lorries or heavy commercial vehicles shall be tested at the site which coupled with the design of the MOT test lane means that vehicles go in through one door and emerge from the other door into a turning circle that should ensure that here shall be no audible reversing sirens. Lorries have to be tested at VOSA approved sites, currently there is one at Llangennech and another at Cross Hands. Having regard to noise pollution, ‘all of the equipment is brand new and is designed to the very highest and latest standards, items such as compressors are much quieter now than they were even two to three years ago, we will however be housing these in insulated containers; we will also be using sound reducing screens in areas that hand tools will be used and will always endeavour to keep noise levels to an absolute minimum for the benefit of my staff as well as the environment’...... ‘We are seeking planning for this site to employ local people for local jobs’ ...... ’ I have absolutely no intention of setting out to annoy or upset any neighbours, I am extremely mindful of the fact that there are nearby properties and would never knowingly upset any of these people, if planning is given I would work totally within the confines of that permission’.

The site history illustrates that that the use of the whole site was considered to be appropriate for a light industrial use (Class B1 of the Use Classes Order 1987) and subsequently as a builders’ merchant, that combines retail sales (Class A1) with storage (Class B8). The proposed vehicle maintenance and repair uses are considered to be uses falling within use Class B2 - general industrial with the vehicle rental and MOT uses being what is known as ‘sui generis’ . Sui Generis uses are ones that are not provided for or included in any other particular use class. A sui generis use is not less acceptable than any other use because it is not included in the Order, rather, it is simply not a use which has no other interchangeable uses.

Page 11 The local member Cllr Colin Evans at the earlier 3rd March Planning Committee quite correctly highlighted that the site history as provided in that report included reference to application P6/7867/82 being for the ‘Change of Use to Vehicle Body Repairs’, with that application having been refused on 2 nd September 1982. Cllr Evans commented that that previous refusal was similar to the current proposal.

Subsequent investigation has resulted in that particular entry being corrected in the site history, as shown above, to accurately reflect that although the application was initially registered as one in respect of vehicle body repairs it was, for whatever reason, prior to the issue of the decision notice, amended to one proposing a change to a light industrial use. The subsequent, successful appeal was considered on that basis.

While the concerns of local residents and the need to protect their amenity is a material consideration in the determination of the application, reflected in previous decisions and the instigation of enforcement investigations, Welsh Office Circular 16/2014 – The Use of Planning Conditions for Development Management conveys ‘The power to impose conditions when granting planning permission is very wide. If used properly, conditions can enhance the quality of development and enable many development proposals to proceed where it would otherwise have been necessary to refuse planning permission. The objectives of planning, however, are best served when that power is exercised in such a way that conditions are clearly seen to be fair, understandable, reasonable and practicable’‘.

As noted above, the Head of Public Protection having analysed the information submitted in support of the application, considers that the proposed development of the application site can be deemed to be acceptable through the control available from the imposition of relevant planning conditions. Recommended conditions 5 to 9 below refer.

Although the applicant has generally sought the hours detailed in recommended condition 5, the time of closing on a Saturday has been restricted to 1pm as shown, rather than the 4pm requested.

Further to the above discussion, a balance has to be struck in terms of the re-use of existing buildings within a mixed use area, whilst respecting the general amenities and character of the area and the amenities privacy of the occupants of nearby buildings.

Having due regard to all of the above considerations, it is concluded, on balance, that the proposed development is acceptable and that the application should be granted planning permission.

RECOMMENDATION – APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development shall be carried out strictly in accordance with the following approved plans received on the 5 th November 2015, unless amended by any of the following conditions:-

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• 1:1250 scale Location Plan (CW466/02 Rev A); • 1:500 scale Site Layout Plan (CW466/01 Rev A); • 1:500 scale Tree Survey Plan (CW466/01 Rev A); • Tree Survey Report (17.06.2015).

3 The use of the site hereby approved is to be used strictly as a MOT Centre, vehicle repair garage and vehicle rental place only and shall not be used as any other B2 Use, as defined within the Use Classes Order, 1987 (as amended).

4 The use of the site hereby approved as a MOT Centre, vehicle repair garage and vehicle rental place shall be for Class 4, 5 and 7 vehicles only.

5 The use of the workshop hereby permitted shall not operate other than between the hours of 08:00 and 18:00 Monday to Friday and between 08:00 and 13:00 on Saturdays and not at any time on Sundays, Public or Bank Holidays.

6 The use of the offices hereby permitted shall not operate other than between the hours of 07:00 and 19:00 Monday to Friday and between 07:00 and 16:00 on Saturdays and not at any time on Sundays, Public or Bank Holidays.

7 The rating level of the noise emitted from the development shall not exceed the existing background noise level by 5dB(A) or more. The rating noise levels shall be determined at the nearest noise sensitive premises or at another location that is deemed suitable by the authority. Measurements and assessments shall be made in accordance with BS 4142: 2014 Methods for Rating and Assessing Industrial and Commercial Sound.

8 Within 28 days from the receipt of written request from the Local Planning Authority, the operator of the development shall, at its own expense, employ an independent consultant approved by the Local Planning Authority to assess the level of noise immissions arising from the development to determine whether they exceed the noise levels specified in Condition 6. The assessment shall be undertaken under the supervision of the Local Authority.

9 In the event that Condition 6 is exceeded then the submitted survey shall also include mitigation measures to ensure compliance with the noise level specified in Condition 6. These measures will then be implemented forthwith.

10 No development shall commence until details of a parking scheme to serve the development have been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented as approved.

11 No trees, hedgerows or other landscape features located on the application site (except those specifically identified for removal on the approved plans) are to be felled, topped or lopped as a result of this permission without the prior written approval of the Local Planning Authority. Following such approval, any tree surgery deemed necessary is to be carried out in accordance with BS 3998.

Page 13 REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2 In the interest of visual amenity.

3-9 In the interest of residential amenity.

10 In the interests of highway safety.

11 In the interest of visual and residential amenity.

REASONS FOR GRANTING PLANNING PERMISSION

The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise.

• The proposed development subject to the imposition of appropriate planning conditions accords with policy GP1 of the LDP in that the proposed development represents an acceptable form of development which is appropriate to the character and appearance of the surrounding area, makes use of currently empty buildings and subject to conditions, should not have an unacceptable impact upon the residential amenity of nearby properties whilst providing an acceptable access and parking facilities.

• The proposed development subject to the imposition of appropriate planning conditions accords with policy EMP3 of the LDP in that the proposal is not likely to cause environmental damage or prejudice other redevelopment proposals and, subject to conditions, should not result in adverse amenity issues and be compatible in terms of size and form in its location and with the neighbouring land uses.

• The proposed development accords with policies TR2 and TR3 of the LDP in that the proposed development is accessible from non car modes of transport, located in a manner consistent with the plan’s objectives, would not generate unacceptable levels of traffic on the surrounding road network, or harm highway safety whilst providing acceptable parking and service space to highway standards.

NOTE(S)

1 Please note that this permission is specific to the plans and particulars approved as part of the application. Any departure from the approved plans will constitute unauthorised development and may be liable to enforcement action. You (or any subsequent developer) should advise the Council of any actual or proposed variations from the approved plans immediately so that you can be advised how to best resolve the matter.

In addition, any conditions which the Council has imposed on this permission will be listed above and should be read carefully. It is your (or any subsequent developers') responsibility to ensure that the terms of all conditions are met in full at the appropriate time (as outlined in the specific condition).

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The commencement of development without firstly meeting in full the terms of any conditions which require the submission of details prior to commencement of development will constitute unauthorised development. This will necessitate the submission of a further application to retain the unauthorised development and may render you liable to formal enforcement action.

Failure on the part of the developer to observe the requirements of any conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice.

3 Comments and guidance received from consultees relating to this application, including any other permissions or consents required, is available on the Authority’s website (www.carmarthenshire.gov.uk).

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Page 16 Agenda Item 3.2

Application No S/33499

Application Type Full Planning

Proposal & QUAYSIDE LANDSCAPING WORKS - AMENDMENT TO Location LANDSCAPING SCHEME PREVIOUSLY APPROVED UNDER PLANNING REFERENCE S/19221 DATED 07/10/10 AT LAND AT MACHYNYS WEST, LLANELLI, CARMARTHENSHIRE

Applicant(s) CARMARTHENSHIRE COUNTY COUNCIL - STEFFAN JENKINS, THE BEACON CENTRE FOR ENTERPRISE, DAFEN, LLANELLI, SA14 8LQ

Agent CARMARTHENSHIRE COUNTY COUNCIL - HYWEL HARRIES, TECHNICAL SERVICES, PARC MYRDDIN, RICHMOND TERRACE, CARMARTHEN, SA31 1HQ

Case Officer Robert Davies

Ward Glan Y Mor

Date of validation 14/03/2016

CONSULTATIONS

Llanelli Town Council – No objection.

Local Members – County Councillor W J Lemon is a Member of the Planning Committee and has therefore made no prior comment.

County Councillor L Roberts states that although the area needs landscaping, objects to the proposed seating and footpath arrangements on grounds relating to potential anti- social behaviour, safety and privacy.

The roads around the flats are private, not adopted by the Council and therefore County Councillor Roberts questions the legality of some of the plans.

County Councillor Roberts requests that the Planning Committee visit the site prior to determining the application.

Public Rights of Way – No objections.

Neighbours/Public – The application was advertised by virtue of three site notices. To date 16 letters of representation have been received, 15 of which object to the scheme in its current form, whilst 1 supports the scheme.

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Whilst the objectors are generally supportive of the application area being landscaped and enhanced, the following concerns and objections have been received:-

• Footpath 1 next to Maliphant apartments – unnecessary; provides easy access to Maliphant building resulting in concerns over safety, security and privacy; will result in a perceived fear of crime; potential for conflict between cyclists and pedestrians.

• Footpath 2 between last town house and 64 Bwlch Y Gwynt – the townhouses and apartments in this area are accessed through a private road and if the footpath is made into a thoroughfare then this will lead to pedestrians and cyclists using the private road to access the beach. However as the access gate to the beach to the south of the Maliphant building is locked for residents only, members of the public will inevitably climb over the stone wall.

• Footpath 2 – The area between the last town house and 64 Bwlch Y Gwynt is not public land. The area is to be maintained by a management company on behalf of residents.

• Footpath 2 – If this footpath is to go ahead then there needs to be a locked gate to prevent members of the public entering what is private land and possibly creating a right of way over land by continued access to it.

• Footpath 2 – If this is created then members of the public using cars will park within the estate and access the coastal path via this link.

• Footpath 2 – Is wide enough to be used by vehicles, how can this be prevented?

• Benches – The proposed benches will attract anti social behaviour and thus result in concerns over safety, security and fear of crime. Such benches should not be proposed in the vicinity of residential properties and will be detrimental to residential amenity and privacy by virtue of noise, annoyance and disturbance. Benches will attract car users who will park in the private parking spaces between the Maliphant and Wellfield apartment buildings.

• Dog bins should be installed and if they are they should be emptied on a regular basis.

• Certain types of plant and tree species proposed are not suitable for this exposed area. Leaves will be blown around the area whilst the plant species could also trap litter.

• Consideration should be given to the installation of lighting along the full length of the quayside.

The letter of support received has raised the following points:-

• It is considered that the Council have come up with a suitable and aesthetically pleasing plan for the waste land that currently exists.

• The Council have a duty towards the locals to provide opportunities like benches for looking at the view of the sea, wildlife and the Gower, and to rest on.

Page 18 • A flat footpath link on to the cycle track would be ideal for my elderly mother. The steps at the end of the street are too steep for her and the located gates are a hindrance to go for a walk.

• My children currently get shouted upon for playing in the street. Since moving here we have struggled to carry our bikes up and down the steep steps. Other residents on the housing estate will use these links to access the cycle/coastal path facilities.

• Residents were aware that they were purchasing properties where there are families and walks for the public to enjoy. The housing site should not be shut off to the outside world.

RELEVANT PLANNING HISTORY

The following previous applications have been received on the application site:-

S/28971 Construction of 22 no. units including associated garages, driveways, parking, means of enclosure and landscaping works. Proposed development comprises a replan of previous consent granted under S/19221 Full planning permission 17 January 2014

S/28233 Removal of condition no 8 attached to planning permission S/19221 Removal of condition granted 02 July 2013

S/28166 Construction of 4no. units including associated garages, means of enclosure, landscaping and associated building and engineering works. Proposed development represents a replan of previous consent granted under S/19221 Full planning permission 21 June 2013

S/19221 Construction of 205 residential apartments and dwellings with associated access and landscaping together with the discharge of pre commencement conditions nos. 10, 12, 13 & 16 attached to outline planning permission S/14180 Reserved Matters granted (Unilateral Undertaking) 07 October 2010

S/19189 Discharge of condition no. 10 attached to planning Permission S/14180 - contaminated land Withdrawn 23 November 2009

S/19187 Discharge of condition no. 16 attached to planning permission S/14180 - drainage Withdrawn 23 November 2009

Page 19 S/14180 Residential development together with associated highway and junction improvements, car parking and servicing, open space and landscaping, and other ancillary uses and activities Outline planning permission 21 November 2006 S106 by planning condition

S/01075 Engineering operations to include earth bunding and landscaping Full planning permission 03 March 1998

S/01073 Media village, comprising television studio, residential and commercial office development Full planning permission 03 March 1998

S/00091 Millennium coastal park ii - provision of 9 hole golf course, landscaped parkland, ponds, habitat creation, promenade, cycleway, footpaths, lookout points, visitor facilities, car parking and associated land reclamation and infrastructure works County permission under regulation 3 25 November 1996

D5/16003 Land reclamation, highway infrastructure and drainage works Full planning permission 13 January 1994

D5/15686 Construction of wharf, promenade and groyns Full planning permission 23 September 1993

D5/14394 Proposed roadway Full planning permission 31 March 1994

APPRAISAL

THE SITE

The application site consists of a parcel of land referred to as the ‘quayside’, which is located to the immediate south of where the New Dafen River outfalls to the estuary. The application site itself is primarily located to the north of the final phase of the Charles Church housing development, and runs parallel with the coastal path at this location. However the application site also includes land to the immediate west of the Maliphant apartment building, and land to the east of 62 Bwlch Y Gwynt adjacent to an electric substation. The latter parcel of land was up until recently used as a contractor’s compound when the housing development was being built.

The site which is currently fenced off mainly consists of derelict grassland and crushed rubble, and has been scarred from use by heavy machinery during building works.

Page 20 THE PROPOSAL

The application seeks full planning permission to amend the previously approved landscaping scheme in this location, which effectively represents the final, albeit very important piece of the jigsaw for this housing development as it represents the most visually prominent element of the site as a whole.

The proposed scheme effectively consists of a large grassed area interspersed with low level planting, shrubs and wildflower mix; raised planting beds defined by timber groynes; two benches and two footpath links either side of the application site to the east and west; and a stone retaining wall feature to the eastern approach adjacent to the coastal road.

The application has been accompanied by detailed drawings and a Design and Access Statement.

As a bit of history, reserved matters was granted for 205 residential dwellings, apartments and landscaping on the 7th October, 2010 under planning reference S/19221. As part of this approval a detailed landscaping scheme was approved for the application site now under consideration. This approved scheme consisted of pedestrian footpath links in the locations now proposed to ensure permeability throughout the site with the coastal path and link road. The landscaping adjacent to the quayside itself consisted of a large grassed area dissected by numerous paths in an irregular pattern, with 12 benches approved in this location.

The majority of the development was undertaken and completed in accordance with the above approved scheme; however a revised scheme was submitted and approved for the final phase of the housing development namely the quayside element (S/28971). This resulted in the construction of a four storey apartment block containing 12 flats now known as Maliphant, and 10no. three and four storey town houses in this location, instead of the original approved scheme of 47 flats. The revised scheme did not include or alter the landscaping proposed along the quayside elevation itself, whilst a footpath link was shown on the approved scheme next to the electric substation as now proposed. The revised scheme did not make provision for a pedestrian link to the coastal path adjacent to Maliphant however an opening in the stone boundary wall has subsequently been created in this location, whilst a key code lock restricts its use to immediate residents.

The landscaping of the application site was conditioned to be implemented during the next available planting season following the completion of the final phase of the housing development. The final phase has now been completed and therefore a suitable landscaping scheme for this area needs to be implemented.

Whilst the majority of the site was developed by Charles Church, Carmarthenshire County Council retained ownership and responsibility for implementing the landscaping along the coastal road and the quayside. The reason behind this was to ensure consistency with the rest of the Machynys area. The landscaping along the coastal road has already been put in place and has matured.

PLANNING POLICY

The application site is located partly within and partly outside the defined settlement limits of Llanelli as delineated in the Adopted Carmarthenshire Local Development Plan (LDP), 2014.

Page 21

In respect of the applications policy context reference is drawn to the following planning policies: -

Policy SP1 of the LDP promotes environmentally sustainable proposals and encourages the efficient use of vacant, underused or previously developed land.

Policy GP1 of the LDP promotes sustainability and high quality design, and seeks to ensure that development conforms with and enhances the character and appearance of the site, building or area in terms of siting, appearance, scale, height, massing, elevation treatment and detailing, and does not significantly impact on the amenity of adjacent properties.

THIRD PARTY REPRESENTATIONS

As aforementioned in this report, a number of letters of objection have been received in relation to the scheme as submitted, whilst one neighbouring property supports the proposals. The material reasons for objection raised will now be addressed individually as part of this appraisal.

In relation to Footpath 1 adjacent to the Maliphant, objectors have opined that this footpath link is unnecessary, and will have an adverse impact on privacy, safety and security of the Maliphant apartment block. It is also stated that the link will result in a conflict between pedestrians and cyclists. In relation to these points, a historic aerial photograph of the area indicates that a footpath link of this nature previously existed in this location, some of which is still visible on site whilst the rest is covered by rubble from the construction operation. As aforementioned the original approved housing scheme had a significant pedestrian link in this location, the aim of which was to ensure connectivity between the housing development and the Millennium Coastal Park (MCP). The connection that has been created is defined by a key code locked gate for use by certain residents of the estate only.

With regards to the concerns raised in relation to privacy, safety and security, amended plans received during the course of the application indicate that the level of the proposed footpath will be set down in relation to the Maliphant building with landscaped embankments either side. It is not considered that the proposed footpath link in itself will result in safety or security issues, and will be naturally surveyed. The area concerned will be open for use by the general public even if a footpath is replaced by an additional grassed area.

The amended plans received also include “no cycling signs” either side of the proposed footpath to endeavour to prevent use by cyclists. The proposed signs are attached to timber posts to match the timber groynes proposed. It is considered that the inclusion of barriers preventing use by cyclists either end of the footpath would not be suitable in design terms.

In relation to Footpath 2, objectors have stated that this area is private, maintained by a Management Company on behalf of residents and thus is not an area open to the general public. It is opined that this link will result in increased use by the general public as a thoroughfare, who will in turn jump over the wall adjacent to the locked gate to access the coastal path by Maliphant. It is stated that the footpath is wide enough for use by vehicles, whilst it is envisaged that members of the public will park within the housing site and use

Page 22 this footpath link to access the coastal path, and therefore some objectors suggest that a locked gate should be installed at this footpath.

With regards to these points, members are reminded that both the original approved housing scheme (S/19221) and the amended scheme in this location (S/28971) had footpath links shown in this location in order to ensure adequate permeability. As such there is an extant requirement to provide a footpath link in this location. Amended plans received have revised the application site red line in this location to ensure that proposed works are only undertaken on land within Carmarthenshire County Council ownership. Within the housing development the onus will be upon Charles Church to implement the previously approved scheme that will tie in with the proposals in this location. The amended plans have also reduced the width of the footpath proposed and included 3no. removable bollards to prevent use by general vehicles with the exception of possibly maintenance vehicles. The main purpose of the link is to provide permeability and will primarily benefit residents of the housing estate as a whole. It is not considered that the proposal will generate any discernible increase in use and parking by the wider public.

The objectors have opined that the benches proposed will attract anti social behaviour and thus result in increased concerns over safety, security and fear of crime. It is envisaged that the benches will adversely affect the residential amenity of neighbouring properties by virtue of noise, disturbance and annoyance. It is stated that the members of the public will park in the private car parking spaces between the Maliphant and Wellfield apartment buildings to access the benches.

The revised plans received have confirmed that only two benches are proposed as part of the proposed development either end of the quayside elevation, one adjacent to the retaining wall feature adjacent to the coastal road entrance to the east, and one to the west of the Maliphant building. A bench is no longer proposed outside no.80 Bwlch Y Gwynt. The location of the proposed benches are considered to be adequately distant from residential properties to prevent adverse amenity impacts, but close enough to be overlooked to prevent any anti social behaviour. The extant landscaping scheme along the quayside (S/19221) proposed 12no. benches in comparison to the two now proposed. It is considered that the proposed benches will be used by members of the public who are already in the area walking or cycling along the MCP, and will not in themselves attract additional visitors to the area.

A number of the objectors have stated that dog bins should be installed, and if they are it needs to be ensured that they are subsequently emptied on a regular basis. In relation to this issue, it is not considered that the landscaping proposals in themselves will attract additional dog walkers. Such dog walkers are already using this section of the MCP. Whilst the revised plans do not propose the installation of dog bins, they do make provision for a number of signs reminding members of the public of their responsibility with regards to dog fouling.

With regards to planting, and the concerns raised by some objectors that certain types of plant species proposed will not withstand the conditions in this coastal environment, members attention is drawn to the consultation response received from the Authority’s Landscape Officer who has raised no objection towards the proposed development subject to conditions.

Page 23 The final suggestion made by objectors relates to the provision of lighting along the quayside. As aforementioned, it is considered that the proposals in themselves will not attract significant increased usage of the area over and above the existing to warrant a lighting scheme along the quayside. Such lighting could in fact adversely affect the amenity of neighbouring residents, whilst significant lighting may also not be appropriate adjacent to the European protected marine site.

CONCLUSION

The application site is located partly within and partly outside the defined settlement limits of Llanelli as delineated within the Adopted LDP whilst the principle of landscaping this area has previously been established as part of the planning approval for the larger housing development. Therefore there is no in-principle objection towards the development now proposed.

It is considered that the proposals represent a high quality enhancement scheme for this prominent element of the housing development whilst it is considered that the issues of concern and objection raised have adequately been addressed as part of the above appraisal.

On balance after careful examination of the site and its surrounding environs in the context of this application, together with the representations received to date it is considered that the proposal does accord with the Policies contained within the Adopted LDP, and is therefore put forward with a recommendation for approval.

RECOMMENDATION – APPROVAL

CONDITIONS

1 The landscaping scheme hereby approved shall be carried out in its entirety during the next available planting season (1 st October to 31 st March) and shall thereafter be retained.

2 The development hereby permitted shall be carried out strictly in accordance with the following schedule of amended plans received on the 11 th April, 2016:-

• Location plan and existing site plan (001 Rev A) 1:500; 1:2500 @ A1; • Soft landscape details/existing site plan/existing cross sections (002 Rev A) 1:20; 1:250 @ A1; • Proposed retaining wall details/typical footpath details/typical edging kerb details/proposed site details/proposed timber groyne details/existing cross section (003 Rev A) 1:20; 1:50; 1:250 @ A1; • Footpath 1 & 2 proposed cross sections, bed 1 & 2 proposed planting layout (004 Rev A) 1:200 @ A1.

3 No development shall take place until an appropriate and comprehensive Detailed Landscape Design Scheme, which includes an implementation programme, has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be in compliance with the principles of the approved Landscape Concept Scheme as defined in the amended drawings referenced (003 Rev A) 1:20; 1:50; 1:250 @ A1 and (004 Rev A) 1:200 @ A1 received on the 11 th April, 2016 and guidance provided by the Local Panning Authority.

Page 24

4 The Detailed Landscape Design Scheme, as submitted to discharge condition 3 shall be fully implemented during the next available planting season (1 st October to 31 st March). Any new landscape elements constructed, planted or seeded; or existing landscape elements retained; in accordance with the approved Detailed Landscape Design Scheme which, within a period of five years after implementation are removed; die; or become in the opinion of the local planning authority, seriously diseased; damaged or otherwise defective, shall be replaced in the next planting or seeding season with replacement elements

REASONS

1-4 In the interest of visual amenity.

REASONS FOR GRANTING PLANNING PERMISSION

• It is considered that the proposal complies with Policy SP1 of the Local Development Plan in that the proposed development is environmentally sustainable.

• It is considered that the proposal complies with Policy GP1 of the Local Development Plan in that the proposed development is sustainable, will enhance the character and appearance of the area and will not significantly impact on the amenity of adjacent residential properties.

NOTE(S)

1 Comments and guidance received from consultees relating to this application, including any other permissions or consents required, are available on the Authority’s website.

2 Please note that this consent is specific to the plans and particulars approved as part of the application. Any departure from the approved plans will constitute unauthorised development and may be liable to enforcement action. You (or any subsequent developer) should advise the Council of any actual or proposed variations from the approved plans immediately so that you can be advised how to best resolve the matter.

In addition, any Conditions which the Council has imposed on this consent will be listed above and should be read carefully. It is your (or any subsequent developers') responsibility to ensure that the terms of all Conditions are met in full at the appropriate time (as outlined in the specific condition).

The commencement of development without firstly meeting in full the terms of any Conditions which require the submission of details prior to the commencement of development will constitute unauthorised development. This will necessitate the submission of a further application to retain the unauthorised development and may render you liable to formal enforcement action.

Page 25

Failure on the part of the developer to observe the requirements of any other Conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice.

Page 26 Agenda Item 3.3

Application No W/33489

Application Type Full Planning

Proposal & CHANGE OF USE OF EXISTING BUILDINGS TO ANIMAL FEED Location FACILITY WITH ASSOCIATED EXTERNAL WORKS AND THE PROVISION OF A NEW PRIVATE ACCESS ROAD AT CWM EYNON FARM, FOUR ROADS, KIDWELLY, SA17 4SD

Applicant(s) E JONES, C/O AGENT, ,

Agent DPP - LUCY ASPDEN, SOPHIA HOUSE, 28 CATHEDRAL ROAD, CARDIFF, CF11 9LJ

Case Officer Gary Glenister

Ward Llangyndeyrn

Date of validation 10/03/2016

CONSULTATIONS

Head of Transport – Has no objection subject to the imposition of appropriate conditions.

Head of Public Protection – Has no objection subject to the imposition of appropriate conditions.

Head of Technical Services (Hydrology) – Requests that a condition be imposed seeking a detailed surface water scheme.

Llangyndeyrn Community Council – Objects to the proposal on the following grounds:-

(i) Increased traffic and generated noise. (ii) Large sized lorries would be using the facility on a 24 hr. basis. (iii) The proposed new road would be of a sub ‐standard nature causing dust during dry weather. (iv) Concern is expressed over the proposed hours of working. (v) There would be environmental issues e.g. smells and vermin. (vi) Bio-security issues.

Local Member - County Councillor W T Evans is a Member of Planning Committee and has not made prior comment.

Natural Resources Wales – Has no objection subject to the imposition of an appropriate condition and suggests that the cesspit be checked for adequacy.

Page 27

Neighbours/Public – The application has been advertised by the posting of 10No. site notices with 41No. replies received to date raising the following matters:-

• Scale of development/location.

• Highway safety.

− Limited width of highway. − HGV lorries (inappropriate for village context). − Visibility at crossing and onto main road. − Rat running (Heol Nazareth). − Enforceability of new road. − The C class road should have a HGV restriction. − Cyclists, riders, walkers. − The new road has been previously refused.

• Residential amenity.

− Noise (road traffic & forklifts reversing). − Hours of operation. − Odour. − Air pollution. − Dust (health). − Vermin.

• Potential for other B8 uses without further change of use.

• Operating hours.

• Biohazard.

• Damage to property.

• Historic Baptist pool.

• Potential contamination of stream / Cwm Clydach SSSI.

• Impact of agricultural use.

• The new access road is narrow with no footpaths.

• The visibility required is inadequate and obscured by signage.

• What safeguards are in place to prevent storage of offal.

Page 28 RELEVANT PLANNING HISTORY

The following previous applications have been received on the application site:-

W/31810 Change of use of existing buildings to animal feed facility with associated external works. Withdrawn 14 December 2015

W/12396 Construction of new vehicular access to Cwmeinon Farm Full planning refused 19 October 2006

W/11717 Construction of a solid manure storage building Full planning refused 19 October 2006

D4/23836 Extension to existing agricultural building Full planning permission 15 October 1993

D4/16621 Construction of a new farmhouse Reserved Matters granted 13 October 1988

D4/15150 Siting of new farmhouse Outline planning permission 19 November 1987

D4/15140 Erection of pre cast concrete double span portal frame agricultural building Full planning permission 02 December 1987

APPRAISAL

THE SITE

The site is an existing agricultural building, with the curtilage of the site situated approximately 120m South East of the rear boundaries of properties in Four Roads. The site is prominent within the landscape due to the fact that the existing buildings are of a substantial scale and height, being some 5,585sqm. The buildings were granted permission in 1987 and extended in 1993 for agricultural purposes. Further extensions and a new access road were proposed in 2006 however they were refused.

Historically, the site has been subject to enforcement action related to the unauthorised commercial activities of the former owner. The site was used for storage of car tyres pending processing, however the current owners have cleared the site of detritus and it is currently vacant.

Access to the site is currently via a narrow 4m single track road which extends from the cross roads in the centre of Four Roads, past the site and on to Pontiets.

Page 29 THE PROPOSAL

The application seeks full planning permission for a change of use of the existing agricultural buildings to form a commercial animal feed storage, mixing and distribution centre. This is a storage and distribution use as defined by Class B8 of the Use Classes Order.

The applicant proposes to receive animal feed by 29 tonne articulated lorries and for it to be stored on site, mixed to order and delivered to farmsteads using 29 tonne lorries or smaller 19 tonne vehicles. There is a degree of direct sale and customer pick up is also anticipated.

No new buildings are proposed however there would be external parking within the curtilage of the site.

The application includes a transport statement which sets out the predicated traffic generation. It is anticipated that business will grow on site from an initial 5,000 tonnes of feed in Year 1 to 20,000 tonnes by Year 5. 75% of trade will be between October and April. The applicant anticipates that by Year 5, at full capacity, the traffic would be as follows.

Operator’s HGV Movements 30 per day (15 arrivals/15 departures) (Of these 14 movement will be articulated lorries and 16 movements by smaller 8-wheel lorries)

Third Party HGV Movements 4 per day (2 arrivals/2 departures)

Staff 6 Movements (3 arrivals/3 departures)

In response to concerns on the previous application, the application now proposes a new access road measuring approximately 320m from the C2057 to the site across the applicant’s own land. Traffic will have to cross the C2204 to gain access to the site. The transport statement includes a travel plan which states that all the company’s traffic will use the new access road.

PLANNING POLICY

In the context of the current development control policy framework the site is outside the settlement development limits of Four Roads as defined in the Carmarthenshire Local Development Plan (LDP) Adopted 10 December 2014.

Policy SP1 Sustainable Places and Spaces states:-

Proposals for development will be supported where they reflect sustainable development and design principles by: a) Distributing development to sustainable locations in accordance with the settlement framework, supporting the roles and functions of the identified settlements; b) Promoting, where appropriate, the efficient use of land including previously developed sites;

Page 30 c) Integrating with the local community, taking account of character and amenity as well as cultural and linguistic considerations; d) Respecting, reflecting and, wherever possible, enhancing local character and distinctiveness; e) Creating safe, attractive and accessible environments which contribute to people’s health and wellbeing and adhere to urban design best practice; f) Promoting active transport infrastructure and safe and convenient sustainable access particularly through walking and cycling; g) Utilising sustainable construction methods where feasible; h) Improving social and economic wellbeing; i) Protect and enhance the area’s biodiversity value and where appropriate, seek to integrate nature conservation into new development.

Policy GP1 Sustainability and High Quality Design states:-

Development proposals will be permitted where they accord with the following: a) It conforms with and enhances the character and appearance of the site, building or area in terms of siting, appearance, scale, height, massing, elevation treatment, and detailing; b) It incorporates existing landscape or other features, takes account of site contours and changes in levels and prominent skylines or ridges; c) Utilises materials appropriate to the area within which it is located; d) It would not have a significant impact on the amenity of adjacent land uses, properties, residents or the community; e) Includes an integrated mixture of uses appropriate to the scale of the development; f) It retains, and where appropriate incorporates important local features (including buildings, amenity areas, spaces, trees, woodlands and hedgerows) and ensures the use of good quality hard and soft landscaping and embraces opportunities to enhance biodiversity and ecological connectivity; g) It achieves and creates attractive, safe places and public spaces, which ensures security through the ‘designing-out-crime’ principles of Secured by Design (including providing natural surveillance, visibility, well lit environments and areas of public movement); h) An appropriate access exists or can be provided which does not give rise to any parking or highway safety concerns on the site or within the locality;

Page 31 i) It protects and enhances the landscape, townscape, historic and cultural heritage of the County and there are no adverse effects on the setting or integrity of the historic environment; j) It ensures or provides for, the satisfactory generation, treatment and disposal of both surface and foul water; k) It has regard to the generation, treatment and disposal of waste; l) It has regard for the safe, effective and efficient use of the transportation network; m) It provides an integrated network which promotes the interests of pedestrians, cyclists and public transport which ensures ease of access for all; n) It includes, where applicable, provision for the appropriate management and eradication of invasive species.

Proposals will also be considered in light of the policies and provisions of this Plan and National Policy (PPW: Edition 7 and TAN12: Design (2014)).

Policy EMP2 New Employment Proposals states:-

Proposals for employment developments which are within, adjacent or directly related to the Development Limits of all defined settlements (Policy SP3) will be permitted provided that: a) A sequential search has been undertaken identifying that there is no allocation or existing employment site available that can reasonably accommodate the use, followed by there being no suitable land or building (for conversion or re-use) available within the Development Limits, then adjacent to limits, and finally on a site directly related to a recognised settlement; b) The development proposals are of an appropriate scale and form, and are not detrimental to the respective character and appearance of the townscape/ landscape; c) The development proposals are of an appropriate scale and form compatible with its location and with neighbouring uses.

Policy SP9 Transportation states:-

Provision is made to contribute to the delivery of an efficient, effective, safe and sustainable integrated transport system through: a) Reducing the need to travel, particularly by private motor car; b) Addressing social inclusion through increased accessibility to employment, services and facilities;

Page 32 c) Supporting and where applicable enhancing alternatives to the motor car, such as public transport (including park and ride facilities and encourage the adoption of travel plans), and active transport through cycling and walking; d) Re-enforcing the function and role of settlements in accordance with the settlement framework; e) Promoting the efficient use of the transport network; f) The use of locational considerations for significant trip generating proposals, with design and access solutions within developments to promote accessibility by non car modes of transport.

Transport routes, improvements and associated infrastructural facilities which deliver the objectives and priorities of the Regional Transport Plan for South West Wales will be supported. Furthermore, maintaining and enhancing good traffic flows and the attractiveness and viability of more sustainable transport modes which support the strategy and its sustainable objectives will also be supported. Development proposals which do not prejudice the efficient implementation of any identified improvement or scheme will be permitted.

The following improvements to the highway infrastructure will be safeguarded and the routes identified on the proposals map:

1) Cross Hands Economic Link Road

2) Carmarthen West Link Road

The following Welsh Government improvements to the highway infrastructure will be safeguarded:

3) A483 Llandeilo and Ffairfach Improvement – Phase 3

4) A40 Llanddewi Velfrey to Penblewin (Formerly St Clears to Haverfordwest) – Phase 3

Policy TR2 Location of Development – Transport Considerations states:

Proposals which have a potential for significant trip generation will be permitted where: a) It is located in a manner consistent with the plans strategic objectives, its settlement framework and its policies and proposals; b) It is accessible to non car modes of transport including public transport, cycling and walking; c) Provision is made for the non-car modes of transport and for those with mobility difficulties in the design of the proposal and the provision of on-site facilities;

Travel Plans have been considered and where appropriate incorporated.

Page 33 Policy TR3 Highways in Developments - Design Considerations states:-

The design and layout of all development proposals will, where appropriate, be required to include: a) An integrated network of convenient and safe pedestrian and cycle routes (within and from the site) which promotes the interests of pedestrians, cyclists and public transport; b) Suitable provision for access by public transport; c) Appropriate parking and where applicable, servicing space in accordance with required standards; d) Infrastructure and spaces allowing safe and easy access for those with mobility difficulties; e) Required access standards reflective of the relevant Class of road and speed restrictions including visibility splays and design features and calming measures necessary to ensure highway safety and the ease of movement is maintained, and where required enhanced; f) Provision for Sustainable Urban Drainage Systems to allow for the disposal of surface water run-off from the highway.

Proposals which do not generate unacceptable levels of traffic on the surrounding road network and would not be detrimental to highway safety or cause significant harm to the amenity of residents will be permitted.

Proposals which will not result in offsite congestion in terms of parking or service provision or where the capacity of the network is sufficient to serve the development will be permitted. Developers may be required to facilitate appropriate works as part of the granting of any permission.

Section 7.3 of Planning Policy Wales Edition 8 – January 2016 and paragraph 3.2.1 -3.2.4 of Technical Advice Note 6 encourage the re-use of rural buildings as follows.

7.3 Promoting diversification in the rural economy

7.3.1 Many commercial and light manufacturing activities can be located in rural areas without causing unacceptable disturbance or other adverse effects5. Small-scale enterprises have a vital role in promoting healthy economic activity in rural areas, which can contribute to both local and national competitiveness. New businesses in rural areas are essential to sustain and improve rural communities, but developments which only offer short-term economic gain may not be appropriate. Local authorities should encourage the growth of self-employment and micro businesses in rural areas by adopting a supportive and flexible approach to home working. Information communications technology, in particular broadband, is vital to communities and business in rural areas. Improvements to information communications infrastructure networks should be supported throughout rural Wales.

Page 34 7.3.2 While some employment can be created in rural locations by the re-use of existing buildings, new development will be required in many areas. New development sites are likely to be small and, with the exception of farm diversification and agricultural development to which separate criteria apply, should generally be located within or adjacent to defined settlement boundaries, preferably where public transport provision is established. However, some industries may have specific land requirements which cannot be accommodated within settlements. The absence of allocated employment sites should not prevent authorities from accommodating appropriate small-scale rural enterprises in or adjoining small rural settlements. The expansion of existing businesses located in the open countryside should be supported provided there are no unacceptable impacts on local amenity.

Paragraphs 3.2.1, 3.2.3 and 3.3.4 of TAN 6 Planning for Sustainable Rural Communities (July 2010) state:-

3.2.1 When assessing planning applications for the re-use or adaptation of a rural building, the primary consideration should be whether the nature and extent of the new use proposed for the building is acceptable in planning terms. It should not normally be necessary to consider whether a building is no longer needed for its present agricultural or other purposes (although in the case of a tenanted agricultural building, the value in planning terms of the existing use should be taken into consideration). In circumstances where planning authorities have reasonable cause to believe that an applicant has attempted to abuse the system by constructing a new farm building with the benefit of permitted development rights, with the intention of early conversion to another use, it will be appropriate to investigate the history of the building to establish whether it was ever used for the purpose for which it was claimed to have been built.

3.2.3 Conversion proposals should respect the landscape and local building styles and materials. If a planning application is submitted for the re-use of a building which the planning authority considers has a significant adverse effect on the landscape in terms of visual amenity, it may be appropriate in connection with any proposed structural changes to impose conditions to secure an improvement in the external appearance of the building.

3.2.4 Planning authorities should consider setting out in development plans their approach to proposals for the re-use of complexes of buildings with a large aggregate floor area, and of individual buildings which are especially large. The economic and social needs of the area and environmental considerations may be particularly relevant to such proposals.

Good design is encouraged at all levels and national policy contained in Planning Policy Wales Edition 8 – January 2016 provides the following guidance.

Paragraph 4.11.1 states: “Design is taken to mean the relationship between all elements of the natural and built environment. To create sustainable development, design must go beyond aesthetics and include the social, environmental and economic aspects of the development, including its construction, operation and management, and its relationship to its surroundings.“

Paragraph 4.11.2 states “Good design can protect and enhance environmental quality, consider the impact of climate change on generations to come, help to attract business and investment, promote social inclusion and improve the quality of life. Meeting the objectives of good design should be the aim of all those involved in the development

Page 35 process and applied to all development proposals, at all scales, from the construction or alteration of individual buildings to larger development proposals. These objectives can be categorised into five key aspects of good design:”

4.11.3 “The design principles and concepts that have been applied to these aspects should be reflected in the content of any design and access statement required to accompany certain applications for planning permission and listed building consent10 11 which are material considerations.”

4.11.4 “Good design is also inclusive design. The principles of inclusive design are that it places people at the heart of the design process, acknowledges diversity and difference, offers choice where a single design solution cannot accommodate all users, provides for flexibility in use, and provides buildings and environments that are convenient and enjoyable to use for everyone (see Section 3.4).”

4.11.8 “Good design is essential to ensure that areas, particularly those where higher density development takes place, offer high environmental quality, including open and green spaces. Landscape considerations are an integral part of the design process and can make a positive contribution to environmental protection and improvement, for example to biodiversity, climate protection, air quality and the protection of water resources.”

4.11.9 “The visual appearance of proposed development, its scale and its relationship to its surroundings and context are material planning considerations. Local planning authorities should reject poor building and contextual designs. However, they should not attempt to impose a particular architectural taste or style arbitrarily and should avoid inhibiting opportunities for innovative design solutions.”

Paragraph 2.2 of Technical Advice Note 12 Design (March 2016) states:-

2.2 The Welsh Government is strongly committed to achieving the delivery of good design in the built and natural environment which is fit for purpose and delivers environmental sustainability, economic development and social inclusion, at every scale throughout Wales – from householder extensions to new mixed use communities.

Paragraph 2.6 & 2.7 of Technical Advice Note 12 Design (March 2016) states:-

2.6 Design which is inappropriate in its context, or which fails to grasp opportunities to enhance the character, quality and function of an area, should not be accepted, as these have detrimental effects on existing communities.

2.7 A holistic approach to design requires a shift in emphasis away from total reliance on prescriptive standards, which can have the effect of stifling innovation and creativity. Instead, everyone involved in the design process should focus from the outset on meeting a series of objectives of good design (Figure 1). The design response will need to ensure that these are achieved, whilst responding to local context, through the lifetime of the development (from procurement to construction through to completion and eventual use). This analysis and the vision for a scheme can be presented in a design and access statement where one is required.

Page 36 Paragraphs 3.1.1 and 3.1.2 of TAN 6 Planning for Sustainable Rural Communities (July 2010) states:

3.1.1 Strong rural economies are essential to support sustainable and vibrant rural communities. A strong rural economy can also help to promote social inclusion and provide the financial resources necessary to support local services and maintain attractive and diverse natural environments and landscapes.

3.1.2 Planning authorities should support the diversification of the rural economy as a way to provide local employment opportunities, increase local economic prosperity and minimise the need to travel for employment7. The development plan should facilitate diversification of the rural economy by accommodating the needs of both traditional rural industries and new enterprises, whilst minimising impacts on the local community and the environment.

THIRD PARTY REPRESENTATIONS

The scale of the buildings is substantial at over 5000sqm which leads to the conclusion that the scale of the proposed business will also be substantial. It should be noted however that the storage of animal fee in bunkers within the building is space intensive and therefore a substantial building is required. There would be mixing of different feeds on site which again needs space so the size of unit required disproportionate to the intensity of use. The submission sets out the projected scale of operation which is anticipated to start off modestly with 5,000 tonnes per annum but increase through the first five year business plan to 20,000 tonnes.

The location of the proposal has been challenged given its proximity to a small village and it’s suggested that an industrial estate along the M4/A48 corridor would be better suited. It is agreed that the use would be more sustainable on an industrial estate, however the proposal under consideration is for the re-use of a substantial existing agricultural building in a rural area, so the merits of the proposal need to be considered. Storage and distribution of animal feed in a rural area is an acceptable rural land use so the principle of the change of use is acceptable subject to material considerations set out below which need to be assessed.

The proposal would be a B8 storage and distribution use. Unrestricted this would include any form of storage and distribution with potentially greater impact, therefore it is recommended that if approved, it should be restricted to the storage and distribution of animal feed only so any future proposal to change the end use would require express permission.

In terms of the other material considerations, one of the main issues raised is highway safety given the use of HGV lorries to deliver raw materials to the site and the final mixed feed from the site to farms. Concern is raised especially given the width of the local highway network leading to the site from the cross roads. The original application sought to access the site from the village via the narrow C2204, however the resubmitted application includes a new access from the C2057 via a new access across the applicant’s land. The revised proposal has been assessed by the Head of Transport and there are no objections subject to the imposition of appropriate conditions. It is considered that adequate visibility can be achieved to serve the proposal.

Page 37 There is concern that a business which relies heavily on HGV lorries is inappropriate for village context. It should however be noted that the existing agricultural use could generate a degree of HGV lorry movement as well as agricultural vehicles. As a comparison, the applicant has supplied an indication of what movements an intensive agricultural use would generate as a fall back. This was not previously considered as sufficient justification to allow use of the existing road, however serves as a useful benchmark to assess the intensification of use as now proposed.

Rat running both existing and proposed is a potential conflict. The road is said to act as a rat run from Heol Nazareth at present and the proposal cannot address the existing issue. However in terms of the proposal the application suggests the use of signage and a travel plan to ensure traffic generated by the proposal uses the proposed access road and therefore traffic generated would not add to the problem. Lorries entering and leaving the site would need to be careful when crossing the C2204, however speed is low due to its narrowness and visibility is adequate.

The enforceability of the travel plan would be ensured as evidence of breach would lead to the serving of a breach of condition notice if evidence of non-compliance was substantiated. It has been suggested that there should be a weight restriction on the C2204 however as there are other holdings being served, this would impose wider restrictions which may be detrimental to the local economy. It is noted that the access is onto a C2204 which forms part of a network serving agricultural holdings and individual properties within the area between Mynyddygarreg, Carway and Pontiets. It would not be uncommon for these properties to be served by commercial vehicles so a wider restriction would not be advisable.

The C2057 is a main road linking the A484 and B4309 which whilst having narrower parts is of a standard that can accommodate larger vehicles. As with any location, care must be taken to ensure that there is no conflict between vehicles, cyclists, riders, walkers etc.

Residents contend that the alignment of the new road has been previously refused. This is correct, in that an application (W/12396) was submitted to serve the agricultural use of the buildings and refused on the urbanising effect of creating a new roadway. The formation of a road to serve the agricultural shed was over engineered for an agricultural purpose and was unsympathetic to the site and topography, seeking to form a right angle road with no account for the hedgebank and fall in the land. The current proposal is however intended to serve a commercial use and is more sympathetic to the site’s characteristics. If the use of the building is acceptable, the access road is also acceptable. It should be noted that the point of access off the C2057 is further from the houses, so braking and acceleration noise is further away from residents, and this also allows visibility over the brow to the North East which is 50mph limit thus providing a safer access that that previously refused.

Linked to highway considerations is concern over residential amenity resulting from the traffic generated by the proposal. It is noted that there are properties along the C2057 in close proximity to the highway. There is concern over the proposal causing disturbance which would adversely affect residential amenity and living conditions of residents. It is noted that the C2057 serves as a link between the A484 and B4309 and the level of traffic proposed is not likely to increase the general traffic to an unacceptable extent that would have an impact on amenity.

Page 38 There are two areas of concern from third parties in respect of noise, firstly road traffic secondly forklifts reversing. Noise implications have been assessed by the Head of Public Protection and subject to conditions precluding activity within sleeping hours, evenings, Saturday afternoons, Sundays and public holidays, there is no objection.

Restricted operating hours have been recommended by public protection to ensure there is no activity on the site within sleeping hours, evening, Saturday afternoons and Sundays/Public Holidays.

There is concern over the odour generated from storing animal feed and from the traffic generated. In terms of the feed, the site has substantial buildings and it is recommended that any permission should preclude external storage. It is not therefore considered that the proposal would have an unacceptable impact in terms of odour.

Linked to dust and odour, air pollution has been assessed by the Council’s public health section and there are no objections to the proposal.

Vermin also can be controlled as the feed is proposed to be kept within the buildings.

There is a concern over Biohazards given the fact that Lorries from the site would visit farms and potentially bring disease back on their wheels and infect the area surrounding the site. No details of wheel wash facilities etc. are shown on the plans however if there was an outbreak of a disease such as foot and mouth in the future, the premises would have to follow whatever animal health guidance is necessary.

Damage to property is a private matter between the applicant and any surrounding owner who may suffer damage in the future and not a material planning consideration.

Pollution of the water course and consequently the SSSI would be subject to other legislation enforced by Natural Resources Wales. NRW suggest a condition on pollution prevention during any construction phase for the change of use.

There appears to be confusion over the nature of the proposal and the impact of an intensive agricultural use on the site. To be clear, the information regarding intensive agriculture is included as a comparison between the proposal and what it would be if an intensive agricultural use was resumed. For clarification, no planning permission would be necessary for an intensive agricultural use of the building as the subsisting use of the building is already agricultural.

The proposed new access road is a private road which has been designed to accommodate commercial traffic for the development. It is not designed or intended for general public usage and therefore does not require pedestrian facilities.

The visibility splay provided is suitable for the access within a 40mph speed limit. The location of the access has been put forward so as to ensure good visibility towards both Meinciau and Four Roads. Importantly, the chosen location also allows for good visibility of the junction from the C2057 so cars would be able to see if a commercial vehicle is egressing the private road.

The Head of Transport recommends an additional condition as set out below requiring a more detailed travel plan and signage strategy which needs to be approved prior to beneficial use of the premises.

Page 39

Concern has be raised over the potential use of the building for storage and distribution of Offal animal waste for use in animal feed. It should be noted that storage processing and distribution any animal waste and by-products are regulated by Defra under other legislation and are strictly controlled by licences outside of planning legislation. For clarity, the application as submitted does not preclude the use of animal products so Condition 5 is recommended to be changed accordingly.

CONCLUSION

After careful examination of the site and its surrounding environs in the context of this application, together with the representations received to date, it is considered that the site has a substantial existing agricultural building and this could be used for intensive farming without any permission. The proposed use is for animal feed storage, mixing and distribution to serve the agricultural community.

The principle of re-using the barn for a rural enterprise is supported by local and national policy in order to create jobs and diversify the rural economy. However this needs to be balanced by the concerns of the local community in respect of highways and amenity.

The access is currently substandard with a narrow lane will a blind brow between the site and the cross roads. However it is proposed to construct a new access from the C2057 across the applicant’s land which would cross the county road opposite the site entrance and thus avoid using the inadequate access. The Head of Transport has no objection subject to the imposition of conditions.

In terms of amenity, the new application proposes a new access drive which takes lorries further away from residential properties. The topography of the intervening land is such that there is a ridge between the site and residential properties, so visual impact, noise and dust etc. are obscured. There is also a reasonable separation distance so impact is not considered likely to be unacceptable.

Under Policy EMP2 there is a requirement for a sequential approach to be undertaken which first considers re-use of premises within settlements then considers re-use of buildings sites immediately adjacent to or directly related to settlements. In this case, the scale of the proposed operation is not easily accommodated within settlement limits, however involves the re-use of a large redundant agricultural building which is well related to a defined settlement. The site sits in a rural area between Llanelli and Carmarthen with good access to both the A484 and B4309 via the C2057. The proposal therefore complies with Policy EMP2.

The recommendation is balanced, however given the proposed new highway access the cause for concern on the previous application has been addressed. The proposal would result in a beneficial reuse of a large redundant agricultural building for commercial purposes and would create direct and indirect employment and economic development. The proposal is not considered likely to have an unacceptable adverse impact on third parties and therefore is considered to be in accordance with the above policies.

RECOMMENDATION – APPROVAL

Page 40 CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development hereby permitted shall be carried out strictly in accordance with the following schedule of plans dated 18 January 2016:-

• 1:2500 scale Location Plan. Drawing No. SK15D. • 1:500 scale Block Plan. Drawing No. SK02 Rev D. • 1:1000 scale Proposed Site Plan. Drawing No. SK16E. • 1:500 and 1:100 scale Proposed Ground Floor Plan. Drawing No. SK09D. • 1:250 and 1:2000 scale Proposed Part Ground Floor Plan. Drawing No. SK10B. • 1:250 and 1:2000 scale Proposed Part Ground Floor Plan. Drawing No. SK11B. • 1:200 scale Proposed Front and Rear Elevations. Drawing No. SK12B. • 1:200 and 1:500 scale Proposed Side Elevations. Drawing No. SK13B. • 1:200 and 1:500 scale Proposed Side Elevations. Drawing No. SK14B.

and

• 1:1000 scale Block Plan – Swept Path Analysis. Drawing No. 010A dated 12 April 2016.

3 No goods shall be loaded or deposited and no vehicles shall arrive, depart, be loaded or unloaded, within the application site before 07:00 or after 19:00 hours Mondays to Fridays; before 07:00 or after 13:00 hours on Saturdays or at any time on Sundays, Public or Bank holidays

4 There shall at no time be external sales, mixing, processing or storage on the site.

5 The site shall be used for B8 Storage and Distribution of animal feed only (excluding animal by-products) and for no other purpose.

6 No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage, that includes the following, has been submitted to and approved by the Local Planning Authority:-

(i) Full details of the existing surface water systems, including flows and volume calculations and a proposal for betterment (this should also include an assessment of culvert fluvial flow capacity and flood risk both with and without the surface water discharges);

(ii) Full details of the proposed new access roads and any new hard standings and the details of their surface water management;

(iii) An assessment of the culvert watercourse should be undertaken to establish its position in relation to the development and its structural integrity.

7 Prior to the beneficial use of the building as approved, the new access road shall be laid out and constructed with at least a 6.0 metre wide carriageway for the first 25.0 metres, and at least 10.0 metre kerbed radii at the junction with the C2057 road.

Page 41 8 Any access gates shall be set back a minimum distance of 25.0 metres from the highway boundary, and shall open inwards into the site only.

9 The private road shall be hard surfaced for a minimum distance of 25.0 metres behind the highway boundary, in materials which shall be subject to the prior written approval of the Local Planning Authority. The hard surfacing shall be fully carried out prior to any part of the development approved herewith being brought into use.

10 Prior to any use of the private road by vehicular traffic, a visibility splay of 2.4 metres x 120 metres shall be formed and thereafter retained in perpetuity, either side of the centre line of the private road in relation to the nearer edge of carriageway (C2057). In particular there shall at no time be any growth or obstruction to visibility over 0.9 metres within this splay.

11 Prior to its use by vehicular traffic, the new access road shall be laid out and constructed with at least a 6 metre wide carriageway for the first 25.0metres, and 4.0 metre kerbed radii at the junction with the C2204 road.

12 Prior to any use of the private road by vehicular traffic, a visibility splay of 2.4 metres x 43.0 metres onto the C2204 shall be formed and thereafter retained in perpetuity, either side of the centre line of the private road in relation to the nearer edge of carriageway. In particular there shall at no time be any growth or obstruction to visibility over 0.9 metres within this splay.

13 Prior to any use of the existing access to Cwm Eynon Farm by vehicular traffic, a visibility splay of 2.4 metres x 43.0 metres shall be formed and thereafter retained in perpetuity, either side of the centre line of the private road in relation to the nearer edge of carriageway. In particular there shall at no time be any growth or obstruction to visibility over 0.9 metres within this splay.

14 The parking spaces and layout shown on the plans herewith approved shall be provided to the written approval of the Local Planning Authority prior to any use of the development herewith approved. Thereafter, they shall be retained, unobstructed, for the purpose of parking only.

15 Prior to beneficial use of the proposed development a detailed travel plan including signage shall be submitted for the approval of the Local Planning Authority.

16 Works must be carried out strictly in accordance with the ecological mitigation recommendations detailed in section 5.0 of the submitted Preliminary Ecological Appraisal by Wildwood Ecology, dated 4th March 2016.

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2 In the interests of visual amenity

3+4 To protect the residential amenity of third parties.

5 For the avoidance of doubt.

Page 42

6 In order to prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal.

7-15 In the interests of highway safety.

16 In the interests of biodiversity.

NOTE(S)

In addition, any conditions which the Council has imposed on this permission will be listed above and should be read carefully. It is your (or any subsequent developers’) responsibility to ensure that the terms of all conditions are met in full at the appropriate time (as outlined in the specific condition).

Failure on the part of the developer to observe the requirements of any conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice.

2 Where any species listed under Schedules 2 or 4 of The Conservation (Natural Habitats, etc.) Regulations 1994 is present on the site in respect of which this permission is hereby granted, no works of site clearance, demolition or construction shall take place in pursuance of this permission unless a licence to disturb any such species has been granted in accordance with the aforementioned Regulation and a copy thereof has been produced to the Local Planning Authority.

The applicant should be aware of their legal duties regarding certain protected species. All British bat species are European Protected Species by virtue of their listing under Annex IV of EC Directive 92/43/EEC (‘The Habitats Directive’). This Directive has been transposed into British Law under the Conservation (Natural Habitats &c.) Regulations (1994). Bats are also fully protected under Schedule 5 of the Wildlife and Countryside Act (1981) (as amended*). Under the Conservation Regulations (1994) it is an offence deliberately to capture or kill a wild animal of a European protected species; deliberately to disturb any such animal; or to damage or destroy a breeding site or resting place of such an animal. For bats this includes roosts that are not currently being used.

Page 43 If bats are encountered on site works should stop immediately and NRW should be contacted (Natural Resources Wales, - General Enquiries: [email protected] or 0300 065 3000 Mon-Fri, 8am - 6pm) - an EPS development licence may then need to be applied for. Licences are not automatically granted by virtue of a valid planning consent and it may be possible that the necessary licence application may be refused.

Nesting Birds

In addition the applicant should be made aware of the possible presence of nesting birds using the buildings and the protection afforded to them. Under the Wildlife and Countryside Act (1981) (as amended) it is an offence to kill or injure any wild bird or damage or destroy the nest of any wild bird whilst that nest is being built or is in use. The breeding bird season is generally taken to be mid-March to mid-August. As such no work should be carried out during the breeding season, unless it can be demonstrated that nesting birds are absent.

3 All surface water from the development herewith approved shall be trapped and disposed of so as to ensure that it does not flow on to any part of the public highway.

4 No surface water from the development herewith approved shall be disposed of, or connected into, existing highway surface water drains.

5 It is the responsibility of the developer to contact the Streetworks Manager of the Local Highway Authority to apply for a Streetworks Licence before undertaking any works on an existing Public Highway.

6 With regard to condition No 11 above, the reduced radii are to discourage HGVs turning right or left from the proposed new track.

7 With regard to condition No 16 above, the travel plan shall include routing of HGV and staff movements to and from the Cwm Eynon Farm.

Page 44 Agenda Item 4.1

ADRODDIAD PENNAETH CYNLLUNIO, CYFARWYDDIAETH YR AMGYLCHEDD

REPORT OF THE HEAD OF PLANNING, DIRECTORATE OF ENVIRONMENT

AR GYFER PWYLLGOR CYNLLUNIO CYNGOR SIR CAERFYRDDIN/

TO CARMARTHENSHIRE COUNTY COUNCIL’S PLANNING COMMITTEE

AR 10 MAI 2016 ON 10 MAY 2016

I’W BENDERFYNU/ FOR DECISION

Page 45

Mewn perthynas â cheisiadau y mae gan y Cyngor ddiddordeb ynddynt un ai fel ymgeisydd/asiant neu fel perchennog tir neu eiddo, atgoffir yr Aelodau fod yn rhaid iddynt anwybyddu’r agwedd hon, gan ystyried ceisiadau o’r fath a phenderfynu yn eu cylch ar sail rhinweddau’r ceisiadau cynllunio yn unig. Ni ddylid ystyried swyddogaeth y Cyngor fel perchennog tir, na materion cysylltiedig, wrth benderfynu ynghylch ceisiadau cynllunio o’r fath.

In relation to those applications which are identified as one in which the Council has an interest either as applicant/agent or in terms of land or property ownership, Members are reminded that they must set aside this aspect, and confine their consideration and determination of such applications exclusively to the merits of the planning issues arising. The Council’s land owning function, or other interests in the matter, must not be taken into account when determining such planning applications.

Page 46

COMMITTEE: PLANNING COMMITTEE

DATE: 10 MAY 2016

REPORT OF: HEAD OF PLANNING

I N D E X - A R E A W E S T

REF. APPLICATIONS RECOMMENDED FOR APPROVAL

W/33456 Extension to rear elevation 2 storey with part over existing single storey at Caer y Glyn, Cwmduad, Carmarthen, SA33 6XJ

W/33559 First floor balcony at Old House, Castle Hill Farm, Llansteffan, Carmarthen, SA33 5JX

Page 47

APPLICATIONS RECOMMENDED FOR APPROVAL

Page 48

Application No W/33456

Application Type Full Planning

Proposal & EXTENSION TO REAR ELEVATION 2 STOREY WITH PART Location OVER EXISTING SINGLE STOREY AT CAER Y GLYN, CWMDUAD, CARMARTHEN, SA33 6XJ

Applicant(s) EDRYD AND LLINOS JONES, CAER Y GLYN, CWMDUAD, CARMARTHEN, SA33 6XJ

Agent HAROLD METCALFE PARTNERSHIP - CERI EVANS, 32 SPILMAN STREET, CARMARTHEN, SA31 1LQ

Case Officer David Roberts

Ward Cynwyl Elfed

Date of validation 03/03/2016

CONSULTATIONS

Cynwyl Elfed Community Council – No observations received to date

Local Member - County Councillor H I Jones is a Member of the Planning Committee and has not made any prior comment on the application.

Dwr Cymru/Welsh Water – Indicated that a public sewer crosses the site but it is considered that there is sufficient separation to the proposal.

Neighbours/Public – The application has been publicised by the posting of a notice at the application site. No representations received to date.

RELEVANT PLANNING HISTORY

There is no relevant planning history on the application site.

APPRAISAL

This proposal is being reported to the Planning Committee as the applicant is a member of staff within the Planning Services Division.

Page 49 THE SITE

The application site consists of a detached property located on the eastern flank of the A484 road which runs from Carmarthen to Cardigan, immediately to the north of the village public house Yr Afon Duad at Cwmduad village. The property consists of a two storey dwelling that is set back from the highway and within its own extensive garden.

The dwelling is located in a prominent position on the highway and is of traditional appearance with hipped roof and white rendered walls.

THE PROPOSAL

The application seeks full planning permission for the construction of a rear extension onto the rear of the dwelling. Part of the extension is two storeys along the northern end of the dwelling. This extension is formed by adding a first storey room above an existing ground floor room that is also extended in length by a further 3.1 metres on two storeys. A further enlarged sun lounge is to be constructed onto the southern portion of the rear elevation. The extension is proposed to accommodate an extended kitchen/ diner on the ground floor, with a bathroom and additional bedroom on the first floor.

The extensions are intended to be finished in materials to match the existing dwelling, rendered walls under a slate roof. The rear elevation of the two storey extension is proposed to have a hipped roof to match the existing. The windows and doors of the extensions are intended to have upvc windows to match the existing house.

PLANNING POLICIES

In terms of the application's policy context, reference is made to the following Carmarthenshire Local Development Plan policies:-

Policy GP1 is a general planning policy which covers sustainability and design principles. The policy requires that proposals conform to and enhances the character and appearance of the site in terms of siting, appearance, scale, height, massing and detailing.

Policy GP6 relates to extensions and indicates that proposals must conform to a number of criteria that relate to the scale of extensions being subordinate and compatible; that the external appearance complements that of the existing building; that there is no adverse effects on the natural environment or the setting of the historic environment; that the amenities of neighbouring developments are not adversely affected and that the use of the proposed extension is compatible with the existing building.

THIRD PARTY REPRESENTATIONS

There are no third party representations received for this proposed development. Since a bat scoping report accompanied the application the Planning Ecologist was consulted on the application and accepted the conclusions of that document. It is noted that the extension is unlikely to have potential to affect bats and recommended that a condition be imposed in relation to the implementation of the proposed development.

Page 50 CONCLUSION

In light of the information provided and careful consideration it is believed that the proposed scheme is acceptable. The principle of extending the property is considered acceptable. The proposed design is subservient to the original dwelling and the scale is considered appropriate. The finishes match the host dwelling and the proposal is not considered to adversely affect the amenity of the occupiers of any neighbouring residential properties

Having considered the above the proposed development is considered to be compliant with the policies of the Carmarthenshire Local Development Plan, and therefore the application is put forward with the recommendation of approval subject to the following appropriate conditions.

RECOMMENDATION – APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development hereby permitted shall be carried out in accordance with the following schedule of plans:

• 1:1250 scale Location Plan received 29 th February 2016; • 1:500 scale Block Plan received 29 th February 2016; • Revised 1:100 scale Proposed Elevations, drawing number 5A received 17 th March 2016; • Revised 1:50 scale Proposed Floor Plans, drawing number 4A, received 17 th March 2016; • Bat Survey received 20 th April 2016

3 The development hereby permitted shall be carried out in accordance with the Discussion, Conclusion, Limitations of Survey, Recommendations and Mitigation, Notes and Method Statement sections of the Bat Survey Report received 20 th April 2016.

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2 In the interest of clarity as to the extent of the permission.

3 To ensure that the development does not adversely affect a European Protected Species.

Page 51 REASONS FOR GRANTING PLANNING PERMISSION

• It is considered that the proposed development complies with Policy GP6 of the Carmarthenshire Local Development Plan, 2014 (LDP) as it involves the construction of a two storey extension on to an existing two storey dwelling where the materials and design are compatible as well as its use being part of the dwelling house. It is not considered that the occupiers of neighbouring residential properties will be significantly adversely affected by the development when complete. The proposal complies with the requirements of Policy EQ 4 due to the submission of a bat survey that discounted the presence of bats being mitigated and bat friendly features will be introduced as shown on the approved plans.

NOTE(S)

Please note that this consent is specific to the plans and particulars approved as part of the application. Any departure from the approved plans will constitute unauthorised development and may be liable to enforcement action. You (or any subsequent developer) should advise the Council of any actual or proposed variations from the approved plans immediately so that you can be advised how to best resolve the matter.

Failure on the part of the developer to observe the requirements of any other Conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice.

Comments and guidance received from consultees relating to this application, including any other permissions or consents required, is available on the Authority’s website (www.carmarthenshire.gov.uk )

Page 52

Application No W/33559

Application Type Full Planning

Proposal & FIRST FLOOR BALCONY AT OLD HOUSE, CASTLE HILL FARM, Location LLANSTEFFAN, CARMARTHEN, SA33 5JX

Applicant(s) THREESHIRES - MRS DEBBIE COOK, CASTLE HILL FARM, LLANSTEFFAN, CARMARTHEN, SA33 5JX

Case Officer Stuart Willis

Ward Llansteffan

Date of validation 23/03/2016

CONSULTATIONS

Llansteffan Community Council – Did not raise any comments.

Local Members - County Councillor D B Davies is a member of the Planning Committee and therefore has made no prior comment

Neighbours/Public - The application has been publicised by the posting of a Site Notice and 4 responses have been received as a result. These have raised the following issues :

• The lane gives access to a few private residential properties, farms etc is privately owned and also a public footpath. Possible impacts on its use • Route is used by a great number of locals and tourists and will impact on the character of the area being totally out of keeping with the aspect of a farm building and aesthetically undesirable in this rural corner and conservation area. • Refers to objections on the previous application and decision against officer recommendation. • Detract significantly from the tranquillity and peaceful seclusion of this footpath where walkers can pass by without being overlooked. • It would be contrary, too, to Carmarthenshire's Eco/Tourism objectives • Access, as the protrusion of the flying balcony, whilst it may not physically impede the passage of vehicles, would certainly cause concern to drivers on a narrow private lane. • Encroachment on the lane. • Reference to private agreements regarding access along the lane • Disruption during construction to accessing the lane • Contrary to national and LDP policies

Page 53 RELEVANT PLANNING HISTORY

The following previous applications have been received on the application site:-

W/31770 Outbuilding attached to cart barn and long barn (known as the piggery) roof extension and repair plus demolition of redundant structures (original footprint unchanged, with hay loft added) Full planning permission 30 June 2015

W/29266 Removal of condition 4 on planning application W/25914 Removal of Condition refused 13 February 2014 Appeal Upheld 8 December 2014

W/25914 Installation of 10 kilowatt micro wind generator Full planning permission 23 February 2012

W/25496 Installation of photovoltaic panels on agricultural barn roof 10kw (70m square) Full planning permission 29 November 2011

W/23417 Change of use of existing barn and remodelling of existing cottage Full planning permission 28 September 2010

W/22629 Change of use of existing barn to holiday accommodation and remodelling of existing cottage Full planning refused 11 May 2010

W/20512 Demolition of existing agricultural building and replace with new building at same location Full planning permission 23 February 2009

D4/23168 Dog breeding kennels (Certificate of Lawfulness) Lawful Development - CLOPUD Refused 02 March 1993

APPRAISAL

THE SITE

The application site is an existing barn located on a yard. The site is accessed via a public right of way leading from Church Road which also serves as a vehicular access to the Castle, Castle Hill Cottage, Parc Glas and St Anthony’s Cottage & Well. The route is also a pedestrian access to Scotts Bay and beyond as part of the Wales Coastal Path which is inside but on the edge of the Llansteffan Conservation Area.

The barn had planning permission for holiday use in 2009 as part of a larger scheme which also included the restoration of an older residential unit and conversion of the larger part of the barn for holiday purposes.

Page 54 An application was approved at Planning Committee last year against Officer recommendation for alterations to the original approval. That application sought to retain alterations to the roof of the building known as the Piggery. The alterations comprise the alteration of the roof to widen the span and cover over a gap between the barn and adjacent Cart Barn, and the construction of a dormer style window on the rear of the building (facing the public right of way) and a second dormer type extension to link/extend the roof of the Piggery onto the side of the Cart Barn. The application also included the demolition of various newer additions to the barn. Other minor alterations had been made to the Piggery with the reduction in the width of the opening on the gable wall, however they were considered to be non material.

THE PROPOSAL

The application seeks full planning permission for the erection of a balcony at first floor level.

The balcony would be located on the elevation facing onto the lane/public right of way. The balcony would measure approximately 1m by 4.6m and run between the 2 first floor bedrooms. There would be galvanised iron railings across the balcony in a similar style to ones at ground floor. The applicant has indicated that the balcony would overhang land within their ownership and not impinge on the lane/public right of way.

PLANNING POLICY

In the context of the current development management policy framework the site is located outside the defined development limits for Llansteffan as contained in the adopted Carmarthenshire Local Development Plan, Adopted December 2014.

Policy GP1 of the Local Development Plan (LDP) sets out the general requirements of the Local Planning Authority to ensure sustainability and high quality design through new development. In particular, that “it conforms with and enhances the character and appearance of the site, building or area in terms of siting, appearance, scale, height, massing, elevation treatment, and detailing” and “it protects and enhances the landscape, townscape, historic and cultural heritage of the County and there are no adverse effects on the setting or integrity of the historic environment”.

Policies SP13 and EQ1 of the LDP require that development preserves and enhances the historic environment.

Section 72 (2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 places a statutory duty on local planning authorities to pay special attention to the desirability of preserving or enhancing the character of appearance of a conservation area.

Good design is encouraged at all levels and national policy contained in Planning Policy Wales Edition 7 – July 2014 provides the following guidance.

Page 55 Paragraph 4.11.2 states “Good design can protect and enhance environmental quality, consider the impact of climate change on generations to come, help to attract business and investment, promote social inclusion and improve the quality of life. Meeting the objectives of good design should be the aim of all those involved in the development process and applied to all development proposals, at all scales, from the construction or alteration of individual buildings to larger development proposals. These objectives can be categorised into five key aspects of good design”.

4.11.3 The design principles and concepts that have been applied to these aspects should be reflected in the content of any design and access statement required to accompany certain applications for planning permission and listed building consent which are material considerations.

4.11.4 Good design is also inclusive design. The principles of inclusive design are that it places people at the heart of the design process, acknowledges diversity and difference, offers choice where a single design solution cannot accommodate all users, provides for flexibility in use, and provides buildings and environments that are convenient and enjoyable to use for everyone (see Section 3.4).

4.11.8 Good design is essential to ensure that areas, particularly those where higher density development takes place, offer high environmental quality, including open and green spaces. Landscape considerations are an integral part of the design process and can make a positive contribution to environmental protection and improvement, for example to biodiversity, climate protection, air quality and the protection of water resources.

4.11.9 The visual appearance of proposed development, its scale and its relationship to its surroundings and context are material planning considerations. Local planning authorities should reject poor building and contextual designs. However, they should not attempt to impose a particular architectural taste or style arbitrarily and should avoid inhibiting opportunities for innovative design solutions.

Paragraph 2.2 of Technical Advice Note 12 Design (2014) states:

2.2 The Welsh Government is strongly committed to achieving the delivery of good design in the built and natural environment which is fit for purpose and delivers environmental sustainability, economic development and social inclusion, at every scale throughout Wales - from householder extensions to new mixed use communities.

Paragraph 2.6 & 2.7 of Technical Advice Note 12 Design (2014) states:

Page 56 This analysis and the vision for a scheme should be presented in the design and access statement where one is required.

THIRD PARTY REPRESENTATIONS

There have been 4 representations received to date.

The visual impact of the balcony and the impact of it on the character of the area were raised as concerns. The building has consent for conversion to holiday use and the works are ongoing at present as part of the conversion. The balcony is proposed beneath the dormer windows approved at the building last year. They face the public right of way and as such they would be visible from public views. However there are existing railings of a similar style at a raised platform at ground floor level. These are located on the same elevation and therefore also highly visible. Generally such platforms/balconies would not be typical of such buildings. However at this building the balcony and railings would be akin to an existing feature on the same elevation and therefore considered appropriate in this context.

Access along the lane and potential impacts to vehicles using it was raised. The applicant has indicated that the balcony will overhang land within their ownership. There has been a query over whether the balcony encroaches on the lane. The details provided indicate that it is land within the applicant’s ownership. If it encroaches on the lane in separate ownership then that would be a civil matter. The balcony would overhang what is currently the verge area of the lane. As such it would not reduce the width of the carriageway. There would be permitted development rights to erect a fence/wall along the edge of the carriageway at ground level as the verge appears to be in the applicant’s ownership/control. Reference has been made to private agreements regarding access along the lane. Any private agreements would be a civil matter and would not be superseded by any planning permission. Access during construction was also a matter raised. The lane is a public footpath and is used to access properties further along the lane. The method of construction and use of the lane during these times would be matters outside of the assessment of the planning process.

The impact of the balcony on tourism in the area and that it would overlook uses of the public footpath. The footpath is for public use and therefore it would be expected that the route would be used by others and by overlooked by any adjacent properties. It is also not expected that the erection of a balcony would have any discernible impact on tourism in the area or reduce the use of the footpath.

Reference to objections on the previous application and decision against officer recommendation were made. Each decision is made on its own merits and while there was concerns with the previous application this application is assessed on the basis of the relevant considerations at this time. Objectors commented that the proposal is contrary to national and LDP policies. It is considered for the reasons given above that in this instance the proposal is deemed appropriate and does not warrant refusal of the application.

CONCLUSION

After careful consideration of the site and surrounding environs, it is considered that the barn is in a rural area within and on the edge of the Llansteffan Conservation Area. The design and appearance is therefore a material consideration, with the character and appearance of the building and Conservation Area being critical.

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The building has been substantially converted externally and the middle section has been converted to holiday use. It is considered that the proposed balcony and railings are appropriate and reflect similar features on the same elevation of the building at a lower level.

As such the application is put forward with the recommendation of approval.

RECOMMENDATION – APPROVAL

CONDITIONS

1. The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2. The development shall be carried out in accordance with the following approved plans and documents:

• 1:2500 Location Plan 1 • 1:2500 Location Plan 2 • 1:500 scale Block Plan

received 16 th March 2016

• 1:100 scale Elevations

received 16 th March 2016

REASONS

1. Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2. In the interest of clarity as to the extent of the permission.

REASONS FOR GRANTING PLANNING PERMISSION

The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise.

• It is considered that the proposed development complies with Policy GP1 and EQ1 of the Carmarthenshire Local Development Plan, 2014 (LDP) in that the balcony is not detrimental to the amenity of nearby properties or users of the public right of way. It is in character with the existing building. The proposals would not harm the character of the Conservation Area.

Page 58 NOTES

Failure on the part of the developer to observe the requirements of any other Conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice

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