AGENDA
PLANNING COMMITTEE
2.00 PM - TUESDAY, 6 DECEMBER 2016
COMMITTEE ROOMS 1/2 - PORT TALBOT CIVIC CENTRE
PART 1
1. To receive any declarations of interest from Members.
2. To receive the Minutes of the previous meeting held on the 25 October 2016 (Pages 5 - 10)
3. To Request Site Visit(s) from the Applications Presented
Report of the Head of Planning
Section A - Matters for Decision
Planning Applications Recommended for Approval
4. Application No: P2014 0393 - 79 residential dwellings and associated infrastructure. Land North of Neath Road, Rhos, Pontardawe, Abertawe, SA8 3EB. (Pages 11 - 48)
Planning Application Recommended for Refusal
5. Application No: P2016/0320 - Change of use from former lorry park to caravan/motorhome storage and servicing together with ancillary sales. Former Lorry Park, Tata Steel, Cefn Gwrgan Road, Margam, Port Talbot. SA13 2PT. (Pages 49 - 58)
Consultation under Section 36 of the Electricity Act
6. Application No: P2016/0950 - Consultation under Section 36 of the Electricity Act 1989 to vary the original S36 consent to provide a battery storage facility. Pen Y Cymoedd, South of the Heads of the Valleys Road (A465) between Neath and Aberdare to the North of Maerdy, Treorchy and Glyncorrwg and to the East of Tonmawr (Pages 59 - 64)
Section B - Matters for Information
7. Delegated Applications Determined Between 18 October 2016 and 28 November 2016 (Pages 65 - 84)
8. Appeals Determined (Pages 85 - 86)
9. Any urgent items at the discretion of the Chairman pursuant to Section 100B(4)(b) of the Local Government Act 1972.
S.Phillips Chief Executive
Civic Centre Port Talbot Wednesday, 30 November 2016
Committee Membership:
Chairperson: Councillor R.G.Jones
Vice Councillor E.E.Jones Chairperson:
Members: Councillors Mrs.A.Chaves, D.W.Davies, Mrs.R.Davies, S.K.Hunt, D.Keogh, C.Morgan, Mrs.S.Paddison, R.Thomas, Mrs.L.G.Williams, and R.Phillips.
Cabinet Councillor A.J.Taylor UDP/LDP Member:
Requesting to Speak at Planning Committee
The public have a right to attend the meeting and address the Committee in accordance with the Council’s approved procedure which is available at www.npt.gov.uk/planning. If you would like to speak at Planning Committee on an application reported to this Committee you must:
Contact Democratic Services in writing at : Civic Centre, Port Talbot SA13 1PJ, preferably by email: [email protected]. Ensure your request to speak is made no later than two working days prior to the meeting date (by 2 pm on the preceding Friday based on a usual Tuesday meeting), Clearly indicate the item number or application number on which you wish to speak and confirm whether you are supporting or objecting to the application. Give your name and address (which will be publicly available unless there are particular reasons for confidentiality)
Please note that only one person is able to speak in favour of, and one against, each application. Full details are available in the Council’s approved procedure.
Should you wish to discuss any aspect of public speaking, please contact the Democratic Services Team on 01639 763719.
Applicant / Agent Right of Reply
Please note that, should an objector register to speak, the Applicant/Agent will be notified by the Council of their ability to address committee (their ‘right to reply’). Should the applicant/agent wish to exercise that right, it will be necessary to confirm this to the Democratic Services section before noon on the day before the meeting.
Commenting on planning applications which are to be reported to Committee
Should you wish to submit representations on an application presented to this Planning Committee, please note that these must be received by the Planning department no later than 4.30p.m. on the Friday before Committee (based on the usual Tuesday meeting). If the meeting is not on a Tuesday, these should be received no later than 4.30pm on the penultimate working day immediately preceding the Planning Committee.
Please note that representations received in accordance with the Council’s protocol are summarised and, where necessary, commented upon in the form of an Amendment Sheet, which is circulated to Members of the Planning Committee by email on the evening before Committee, and presented in hard copy form at the actual meeting.
Agenda Item 2 - 31 -
PLANNING COMMITTEE
Members Present: 25 October 2016
Chairperson: Councillor R.G.Jones
Vice Chairperson: Councillor E.E.Jones
Councillors: D.W.Davies, H.N.James, D.Keogh, C.Morgan, Mrs.S.Paddison, R.Thomas, Mrs.L.G.Williams
Local Members Councillor A.R.Lockyer and Ms.C.Morgans
LDP Member Councillor A.J.Taylor
Officers In Mrs.N.Pearce, K.Davies, D.M.Adlam and Attendance M.Fury and Mrs.J.Woodman-Ralph
1. MINUTES OF THE PREVIOUS MEETING HELD ON THE 4 OCTOBER, 2016
RESOLVED: That the Minutes of the Planning Committee held on the 4 October 2016, as circulated, be confirmed as a true record.
2. APPLICATION NO: P2015/0011 - 138 RESIDENTIAL DWELLING WITH ASSOCIATED INFRASTRUCTURE ENGINEERING WORKS, AND PUBLIC OPEN SPACE AT LAND AT NEATH ROAD, TONNA, NEATH.
Officers made a presentation to the Planning Committee on this Application as detailed in the circulated report.
In accordance with the Council’s approved Public Speaking Protocol Mr.N.Ranft (Objector) and Mr.M.Rees (Agent – Right of Reply) addressed the Planning Committee.
Cllr.Mrs.C.Morgan and Cllr.A.R.Lockyer, Local Ward Members addressed the Committee.
Page 5
(Note: An amendment sheets in relation to P2015/0011 was circulated prior to the meeting, on which the Chairperson had allowed sufficient time for Members to read, in respect of application items on the published agenda, the Chairperson had permitted urgent circulation/consideration thereof at today’s meeting, the particular reasons and circumstances being not to further delay the planning process, unless the Committee itself wanted to defer any applications and to ensure that Members take all extra relevant information into account before coming to any decision at the meeting.)
RESOLVED: That following the site visit prior to today’s meeting on the 25 October 2016 and in accordance with Officer recommendations Application No. P2015/0011 be approved with conditions as detailed in the circulated report and amendment sheet and subject to the signing of a Section 106 Legal Agreement covering the following general Heads of Terms:
1. Provision of 28 units of affordable housing;
2. Requirement for Phase Two of the allocated LDP development site to incorporate the 0.5 Hectares pitch/non-pitch sport required under Phase One (in addition to its own requirements). In the event the Phase Two development is not commenced within 5 years of the date of the agreement (or other such agreed trigger point), a financial contribution of £187,956 for provision of off- site POS to be made for provision of public open space, such project to be identified within the locality;
3. Financial contribution of £100,000 towards off-site highway improvement works (together with the need for regular review and assessment throughout the construction period);
4. Provision of a pedestrian link between the development and the existing Hunters Ridge development;
251016 Page 6
5. Requirement for roads, associated lighting and drainage to be constructed to adoptable standards, and for their future management and maintenance by a management company (and such roads and drainage will not be adopted by the Local Authority);
6. Display of signage at the site to confirm that the estate is a private road which will not be dedicated under S37 of the Highway Act 1980.
3. APPLICATION NO: P2016/0593 - CHANGE OF USE FROM OFFICE ACCOMMODATION (CLASS B1) TO RESIDENTIAL USE (CLASS C3) TO PROVIDE 41 AFFORDABLE DWELLINGS, ALTERATIONS TO BUILDING ELEVATIONS AND ROOF, CYCLE, MOBILITY SCOOTER AND REFUSE STORAGE, IMPROVEMENTS TO PUBLIC REALM AND ASSOCIATED WORKS AT ABERAFAN HOUSE, ACCESS TO PORT TALBOT CIVIC CENTRE, PORT TALBOT. SA13 1PJ
Officers made a presentation to the Planning Committee on the Consultation as detailed within the circulated report.
(Note: An amendment sheet in relation to P2016/0593 was circulated prior to the meeting).
RESOLVED: That in accordance with Officers recommendations Application No. P2016/0593 be approved with conditions as detailed in the circulated report and amendment sheet.
4. APPLICATION NO: P2016/0320 - PROPOSED CHANGE OF USE FROM FORMER LORRY PARK TO CARAVAN/MOTORHOME STORAGE AND SERVICING AT FORMER LORRY PARK, TATA STEEL, CEFN GWRGAN ROAD, MARGAM, PORT TALBOT. SA13 2PT
Officers highlighted that due to the need to re-advertise Application No P2016/0320, a request be made to defer the Application.
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RESOLVED: That Application No P2016/0320 be deferred to a future meeting of the Planning Committee for the above reason.
5. DELEGATED APPLICATIONS DETERMINED BETWEEN 27 SEPTEMBER AND 17 OCTOBER 2016
Members received a list of Planning Applications which had been determined between 27 September and 17 October 2016, as detailed within the circulated report.
RESOLVED: That the report be noted.
6. APPEALS DETERMINED
RESOLVED: That the following Appeals received, as detailed in the circulated report, be noted:
Planning Appeal
Mrs.Linda Rees – Crosswinds, 39, Cimla Common – removal of conditions 1, 2 and 3 of planning permission P2015/1081 approved on 27/04/16.
Decision:
Allowed (Costs also awarded against the Council)
Enforcement Appeal
Mr. Ashley Rees and Ms Milena Anna Williams – 26 Rowan Tree Close, Bryncoch. Change of use from a residential dwelling (Class C3) to mixed use of residential dwelling (Class C3) and commercial use for the provision of music lessons (sui Generis).
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Decision:
The appeal fail insofar as they relate to ground (e), nevertheless, the Appeal under ground (a) is ALLOWED, the Enforcement Notice quashed and planning permission granted.
CHAIRPERSON
251016 Page 9 This page is intentionally left blank Agenda Item 4
SECTION A – MATTERS FOR DECISION
Planning Applications Recommended For Approval
APPLICATION NO: P2014/0393 DATE: 01/05/2014 PROPOSAL: 79 residential dwellings and associated infrastructure. LOCATION: Land North Of, Neath Road, Rhos Pontardawe, Abertawe SA8 3EB APPLICANT: Persimmon Homes TYPE: Full Plans WARD: Rhos
BACKGROUND INFORMATION
The application has been called to Committee by Councillor Alex Thomas (Rhos), who has concerns of the size of the development and the impact upon highway and pedestrian safety, surface water flooding and the impact upon the school (see representations below).
Councillor David Lewis (Alltwen) has also requested the application is brought to Committee due to local concerns over the impact on the foul sewer network.
SITE AND CONTEXT
The application site measures 6.52 acres / 2.64 hectares and is located within the settlement of Rhos, some 2km east of Pontardawe and 5 km to the north of Neath. The site is located directly north of the A474 New Road on gently rising grazing land to the opposite side of Rhos Primary School.
The site itself comprises two main field parcels, separated by a hedgerow and individual trees that run from north to south through the centre of the site. The site is adjoined by existing housing to the east and west and the A474 immediately to the south. Both fields are agriculturally improved grassland used for grazing.
The site is enclosed to the south, east and west by residential properties, with houses to the east, on elevated ground, overlooking the site from the rear of existing properties. To the north-east, this enclosure by residential development and existing mature vegetation
Page 11 continues on the fringes of Rhos, near the entrance to Bryn Brych Farm.
The site forms part of a larger site allocated for residential development (Policy H1 / 28) within the adopted Local Development Plan, and is located within the defined Settlement Limits.
DESCRIPTION OF DEVELOPMENT
This is a full application proposing the construction of 79 dwellings as Phase 1 of development of the larger allocated housing site area. The 79 units comprise a mixture of 2, 3, and 4 bed houses which will also incorporate 8 affordable units.
A full breakdown of the schedule of accommodation is detailed in the table below.
House Type No. of Storeys No. of Number of units bedrooms Chedworth 2 Storey 5 Bed 7 Roseberry 2 Storey 4 Bed 8 Clayton Corner 2 Storey 4 Bed 7 Hatfield 2 Storey 3 Bed 11 Rufford 2 Storey 3 Bed 7 Souter 2.5 Storey 3 Bed 9 Hanbury 2 Storey 3 Bed 12 Moesley 2.5 Storey 3 Bed 4 Modern 2 Storey 2 Bed 6 WHQS 835 2 storey 2 Bed 2 (affordable) 2.1.1 582 2 storey 1 Bed Flat 2 (affordable) WHQS 788 2 storey 2 Bed 4 (affordable)
The majority of the dwellings are two storeys in height, however there are some 2.5 storey houses incorporated to add visual interest. The proposed layout has evolved as a result of discussions and dialogue with the Local Planning Authority which has resulted in amendments to the access, road alignment and street scenes, together with incorporation of formal and informal public open space and a Local Equipped area of Play (LEAP).
NEGOTIATIONS:
The application was submitted in April 2014, and has been the subject of numerous negotiations which includes the following:
Page 12
Highways improvements and relocation of access point and internal road layout Drainage improvements in relation to surface water and Foul connection Tree protection and ecological buffer zones The provision of a Welsh language Action Plan which identifies a measures to promote and enhance the welsh language. The inclusion of solar Photo Voltaic (PV) cells to 8 units as a result of the Energy Assessment required under policy RE2 The inclusion of a Local Equipped Area of Play (LEAP) informal play areas and informal open space
PLANNING HISTORY
None
CONSULTATIONS
Welsh Water: No objection subject to condition
The Head of Engineering and Transport (Highways): No objection subject to conditions
The Head of Engineering and Transport (Drainage): No objection subject to condition
Biodiversity Officer: No objection subject to conditions
The Aboricultural Officer: no objection subject to conditions
South Wales Crime Prevention Officer: No response
Play Officer: No objection
Education Department: Has provided current and projected school capacity, and advise that no contributions are required to meet the demand.
Natural Resources Wales: No objection
Page 13 Cillybebyll Community Council: No Objection, although the Community Council is still concerned about drainage issues. In particular it is concerned that the application incorporates offsite drainage proposals which appear to involve pumping over Penyralltwen,
Councillor Alex Thomas has responded as follows: -
Firstly, the application constitutes a substantial development in a small community - I believe the current proposal would increase the size of the village by close to 10%, and this is potentially the first stage of a two stage development. The impact it will have on its immediate locality is significant; this has been reflected in the level of local concern regarding the application. For this reason alone it should be classed as a contentious application requiring the upmost transparency in decision making.
Secondly, and arguably most significantly, specific concerns have been raised on valid planning grounds. Of the matters that have been brought up, the two that are most significant are those of highway safety and drainage. Both of these issues have been the source of longstanding problems in the locality, and there is a widespread worry that the development could substantially worsen these troubles.
Finally, the application, if consented, will have an impact beyond its immediate locality - it will have an effect of other areas of Council service and on at least one neighbouring ward. The sewerage solution proposed by the developers will inevitably affect residents in Alltwen. As we have discussed at length over recent weeks, the size of the development is sufficient to mean that its impact on education provision needs to be considered.
REPRESENTATIONS
The neighbouring properties were consulted, and site notices displayed, in May 2014, June 2016 and September 2016. The application was also advertised in the press on 15th May 2014 and 17th June 2016.
In response, to date 11 no. representations have been received, with the issues raised summarised as follows: -
Residential amenity Loss of privacy and overlooking. Loss of light which can affect the health of existing residents.
Page 14 Visual Amenity The development would result in the loss of the open aspect of the area / green agricultural land. Ground stability and drainage Neighbouring residents, especially those living directly adjacent to the site, are still, concerned about the effect this development could have on their properties. The bend directly opposite the school has been the site of considerable surface water flooding. Despite excellent work from the Council's drainage team, the incidence of flooding, both from water courses breaking their banks and the road drainage network being overwhelmed, appears to be increasing in the Rhos area. Even if green field run off rates are achieved, many neighbouring residents are very worried about the possible consequences of the water storage mechanisms in the site being overwhelmed. They fear that should this occur a problem that was previously relatively dispersed will be concentrated in one specific location in a way that could cause a very serious danger and flooding elsewhere There are existing problem with the sewerage within the area. If the existing system can take the additional drainage why are there current problems in Maeslan. At least one resident has commented that the effects of climate change will mean that freak levels of rainfall that would previously have been once in fifty year events could become more common, and that what are now considered unusually high levels will become the norm. There appears to be a degree of metrological support for this proposition. In this context the resident asked whether the contingency planning used in the design of the drainage solution was based on projected data that took these trends into account. Ecology The fields behind the objector’s property (phase 2) are wet and allegedly contain newts and frogs, this development would drain this land and kill off the wildlife. Two residents are concerned with the loss of good quality farmland for the purposes of housing development and that this sits uncomfortably with the Council's stated commitment to sustainable development. Request biodiversity enhancement to mitigate the environmental loss. The loss of trees and hedgerows will destroy wildlife. There are owls and newts on the land.
Page 15 Highway and pedestrian safety Grave concerns regarding the proposed highways solution for the site. The A474 is a busy trunk road. The volume of traffic is generally high, particularly during rush hours. Visibility on either side of a potential junction is limited by relatively sharp corners in both directions. Even with the additional measures contained in the revised application, the visibility issue means there remains a concern that an entrance at proposed cross roads will create a traffic hazard. Why is there no roundabout proposed? The controlled junction will cause considerable difficulties for several residents living close to the lights to access/egress their properties at peak times, some of which reverse onto their drive so that they can leave in a forward gear. community life would be seriously disrupted by additional traffic. A resident has been pointed out when temporary traffic lights were put up at the proposed junctions site they created substantial tailbacks in both directions. Aside from the obvious problem of delays on a significant commuter route, cars idling at the junction would increase pollution levels for neighbouring residents. Longstanding problems at school pick up and drop off times along Heol y Nant - congestion due to on road parking along this street has become sufficiently severe to cause a change in a bus route. Traffic jams will be intolerable for residents. Others Air quality within the village would be made worse. Once phase one is complete then this would make phase 2 more likely, the objector was told by the land owner they would not sell this land. The drainage, highways and environment reports are not intelligible to the average person, and should be simplified so average people can read them. The school is at capacity and cannot accommodate further children. Phase 2 would block light to objector’s solar panels. Would contravene the Human rights Act
Page 16 REPORT
National Planning Policy
The main thrust of Planning Policy Wales (Edition 9, 2016) is to promote sustainable development by ensuring the planning system can provide for an adequate and continuous supply of land, available and suitable for development to meet the needs of society that is consistent with the overall sustainability principles.
In particular it seeks to promote resource efficient settlement patterns that minimise land take and urban sprawl, locate developments so as to minimise the demand for travel, ensure that all communities have good quality housing for their needs, promote access to shopping, education, employment, health, community, leisure and sports facilities and open space.
Paragraph 9.3.1 states “New housing developments should be well integrated with and connected to the existing patterns of settlements.”
Local Planning Authorities should ensure that the proposed developments should not have an unacceptable impact upon the character and amenity of an area. Sites with higher densities can help to conserve land resources, and adverse effects can be overcome by sensitive design and good landscaping.
Further advice contained in paragraphs 9.3.3 and 9.3.4 warn that insensitive, infilling or the cumulative effects of development should not be allowed to damage an area’s character and amenity. In determining applications local planning authorities should ensure that the proposed development does not damage an areas character and amenity.
Technical Advice Notes:
Technical Advice Note 2: Planning and Affordable Housing (2006) Technical Advice Note 5: Nature Conservation and Planning (2009) Technical Advice Note 6: Planning for Sustainable Rural Communities (2010) Technical Advice Note 11: Noise (1997) Technical Advice Note 12: Design (2014) Technical Advice Note 15: Development and Flood Risk (2004)
Page 17 Technical Advice Note 16: Sport, Recreation and Open Space (2009) Technical Advice Note 18: Transport (2007)
Local Planning Policies
The Development Plan for the area comprises the Neath Port Talbot Local Development Plan which was adopted in January 2016, and within which the following policies are of relevance:
Strategic Policies
Policy SP3 Sustainable communities Policy SP4 Infrastructure Policy SP7 Housing Requirement Policy SP8 Affordable Housing Policy SP10 Open Space Policy SP15 Biodiversity and Geodiversity Policy SP20 Transport Network Policy SP21 Built Environment and Historic Heritage Policy SP4 Infrastructure Policy SP18 Renewable and Low Carbon Energy Policy SP20 Transport Network Policy SP19 Waste Management Policy SP22 Welsh Language
Topic based Policies
Policy SC1 Settlement limits Policy H1 Housing Policy AH1 Affordable Housing Policy OS1 Open Space provision Policy EN7 Important Natural Features Policy TR2 Design and Access of New development Policy BE1 Design Policy I1 Infrastructure Requirements Policy RE2 Renewable and Low Carbon Energy in New Development Policy TR2 Design and Access of New Development Policy W3 Waste Management in New Development Policy WL1 Development in Language Sensitive Areas
Page 18 Supplementary Planning Guidance:
Parking Standards (Approved October 2016) Planning Obligations (Approved October 2016) Affordable Housing (Approved October 2016)
EIA Screening
The application site exceeds the Schedule 2 threshold for development of this type as outlined within the Environmental Impact Assessment Regulations. As such the application has been screened in accordance with the requirements of Schedule 3 of the Regulations.
The findings of the screening report were that the scale and nature of the potential impacts associated with the development both alone and in combination with other developments within the area would not be of a type that would require the carrying out of an Environmental Impact Assessment or the subsequent submission of an Environmental Statement in support of the application.
Issues
The main issues to be considered in the determination of this application concern the principle of the proposed development at this location having regard to the national planning policy guidance and prevailing development plan policies, as well as the impact upon: the character and appearance of the surrounding area; residential amenity; highway and pedestrian safety; biodiversity; drainage; and flooding, together with other issues raised by consultees.
Principle of Development
Strategic Policy SP 3 Sustainable Communities states “The delivery of Sustainable healthy and cohesive communities and the conservation of the countryside will be promoted”, with Policy SC1 - Settlement Limits – stating that “Development within settlement limits that is proportionate in scale and form to the role and function of the settlement as set out in the settlement hierarchy will be acceptable in principle.”
The site forms part of a larger housing allocation under LDP Policy H1/28, with the proposal being the first phase of a two-phased development (the overall site is allocated for 150 units).
Page 19 Having regard to its allocation in the Local Development Plan, the principle of residential development at the site has therefore already been accepted by the Council. The following sections of the report therefore assess the specific impacts arising from the development.
Impact on Visual Amenity
The site is presently undeveloped green space and, therefore, it is accepted that the proposed housing development would significantly alter its character permanently. The loss of this area has also been raised by several objectors, however as detailed above the principle of developing the site for residential purposes has been established with the housing allocation under Policy H1/28 of the Local Development Plan. Accordingly, the allocation of this land for residential use has already taken into consideration the wider contextual character issues with regard to the use of the land, including adjustments within the LDP to the UDP-defined green wedge boundary to exclude this site from such allocation. It is therefore considered that the specific issues relating to the detailed development proposal are most relevant to the determination of this application.
When considering the visual impacts of this development it should be considered within the context of the existing residential developments adjoining the site and in the vicinity. The houses along the main road where the development is accessed include a mix of brickwork and render with a variety of window detailing. The application development mainly consists of dwellings that are two storeys in height, however there are some 2.5 storey houses incorporated to add visual interest. The development proposes a diverse mix of house types that would complement the overall character of the area.
In terms of layout, Officers have negotiated amendments during the course of the application to address initial concerns, and the developer has sought to use buildings and the space generated between them to create a sense of place. Sufficient informal open space and play areas have also been incorporated into the layout, and trees protected under a TPO which will ensure the character of the area will not be unduly harmed by the introduction of this development.
It is therefore considered that the layout, scale, density and use of sympathetic materials for the proposed development would result in the creation of an appropriate form of development which would respect local character.
Page 20 Impact on Residential Amenity
Impacts within the development layout
It is considered that the proposed layout ensures a satisfactory level of privacy and private amenity space will be provided for future occupiers. In terms of potential overlooking, although there are a number of side facing windows provided on the various house types, the developer has been mindful that they either look out onto a blank elevation or highway. In the circumstances where two dwellings both incorporate windows facing each other, at least one is a non-habitable room window. To further ensure privacy a condition can be imposed to ensure that the glasses of all bathroom windows within the development are obscurely glazed.
In terms of potential overbearing and overshadowing impacts, the development has been designed to allow an acceptable distance between units to ensure that the proposal will have no not unacceptable impacts upon future residents. It is therefore considered that the proposed scheme would safeguard the residential amenities of future occupiers.
Impacts on existing neighbouring properties
In respect of any impacts on residential amenity for existing residents, to the Eastern side are the rear of the gardens and houses off Maeslan, with Bryn Brych farm to the north. The proposed rear and side elevations of the nearest dwellings are set a minimum distance of 21m to the rear elevations of these properties. Furthermore there is an existing hedgerow and trees between these dwellings. This is considered to be sufficient to ensure that the development will have no unacceptable impacts on the amenity of neighbouring residents.
To the South East is No 42 Neath Road, a large hipped roof bungalow. The distance between the side of plot 1 and the side of this property is approximately 11m, there are no habitable room windows in the side plot 1, therefore there are no issues in relation to overlooking. Furthermore a separation distance of 11m is considered to be sufficient to ensure there is no unacceptable overbearing or overshadowing impacts.
Turning to the opposite West of the site, No 16 New Road is the nearest to the development. The separation distance between the sides of the
Page 21 nearest plot (Plot 59) is approximately 7m. There are no side facing habitable room windows in this side therefore no issues of overlooking of habitable room windows. Plot 59 adjacent would be set back approximately in line with the rear elevation of no. 16, and will therefore be fully visible from no. 16. However, this property has a large garden, including a rear garage close to the boundary, and an open aspect from the North West. Accordingly, and having regard to the distance separation, it is considered that the new dwelling would have no unacceptable overbearing impacts on the amenity of the adjacent property.
To the South of the site, across the main road is a school and other residential dwellings, these are located approximately 30m to 40m away and therefore raises no issues in terms of residential amenity.
In respect of potential noise and disturbance from the development it is acknowledged that there will be additional traffic generated from the development. Furthermore it is accepted that during construction there will be a level of noise and disturbance created, albeit this would be transient in nature. Nevertheless, it is considered that the location of any property or the overall traffic generated from the development, once completed, would not have a significant impact on residential amenity such that it would warrant a refusal of the application, taking into consideration the objectors comments noted earlier and especially taking into account the site’s housing allocation within the Local Development Plan.
Parking and Access Requirements and Impact on Highway Safety
During the application process there has been a constant concern raised by the residents regarding the potential impact allowing this development would have on the existing local highway network, namely the increase in traffic and the impact the traffic lights would have upon existing residents.
The Transport Assessment that accompanies this application demonstrates that the route will cope with the additional volume of traffic, and the Head of Engineering and Transport raises no objection to the principle of residential development of the site on such grounds, subject to the mitigation and other matters raised below.
Page 22 They have requested that prior to any works commencing on site a detailed scheme of the off-site works will be required to be submitted, which shall include the following: -
• Scheme for the existing drainage networks that include new gullies, relocation of existing gullies, upgrading existing pipe sizes. • Details of the 2 Controlled pedestrian crossings/access. • New footways, footway connections. • H-Bars on existing highway • Anti-skid resistance carriageway approach to traffic signals • Traffic signals. • Tactile crossing and pedestrian guardrails. • Radii of the junction • Highway marking (white lines, hatching) • Traffic Regulation Order Scheme. • Details of signage • Details of the Emergency access off A474. • A full traffic management scheme.
The Highways section has also made recommendations for the following:
Construction Method Statement On site car parking scheme Details management and maintenance within the development Surfaced and lit footways Vehicular footway crossings Visibility splays Gates fronting onto the highway Restricting garage conversions Driveway dimensions Details of shared drives Storage of materials or plant machinery on the public highway Bin storage areas. Trees within the footway Road Safety Audit Highway widths
These requirements can be addressed through a mixture of the s278 highway agreement and suitably worded conditions.
Page 23 In respect of parking, the scheme is largely compliant with current parking standards, however there are a few plots where garages are not as large as required by the standards (Roseberry house type), and two plot where only one space is provided. Subject to a condition requiring the specific house design to be amended to increase the size of the garage (to require three spaces in total), the development is considered to be acceptable in terms of parking provision.
The scheme has been fully assessed by the Local Authority’s Highways section who considers the development to be acceptable subject to the above matters being addressed by condition, however for clarity the following observations have been provided in relation to some of the concerns raised by objectors.
(In response to residents concerns regarding the proposed highways solution for the site) The Head of Engineering and Transport (Highways) has advised that both junction fronting onto the A474 will be controlled and will not allow traffic to exit or enter until all other vehicles are stopped, which will provide a safe access and egress. Whilst adequate visibility is required under the new scheme, each junction is controlled and will make it safe for vehicles to manoeuvre in and out of the junctions safely and with conflict.
(In relation to concerns the controlled junction will causing considerable difficulties for several residents) The developer is aware of potential stacking of vehicles in both directions along the A474 for short period of time. We have requested that H Bars be included to make drivers aware of the access to existing driveways therefore being considerate to existing residents.
(In relation to some residents feel that community life would be seriously disrupted by additional traffic) The Traffic and been assessed under an approved Transport Impact Assessment document submitted by the applicants consultants, the assessment has been modelled based upon two scenarios one assessing the current use (without development) and the other providing data for the current use plus the proposed development, the data provided to the authority has been modelled to include traffic saturation levels based upon 15 year prediction. The data provided was considered to be acceptable.
Page 24 (In relation to an instance when temporary traffic lights were put up at the proposed junctions) The highways section notes that vehicles may be idling at the junction during brief traffic signal changes, but this will be controlled under a timed system which will give priority to the highways with the largest volume of traffic (A474), and new traffic orders are proposed to enforce indiscriminate parking within the new road layout.
(In relation to Traffic jams will be intolerable for residents). As previously stated above the Transport assessment provided data which was considered to be acceptable.
(In response to children’s lives would be at risk from this development due to the sharp bend) The highways section considers that the new system would benefit and improve the access for pedestrians (children) because of the controlled crossing points. In addition to this the new traffic signal design for the new junction will be subjected to a full Road Safety Audit.
(In response to one resident asking why a roundabout was not proposed) This was not required as the controlled junction is considered to be the best option for safety; free flowing roundabout will not have the ability to provide a suitable safe controlled crossing because of its need to keep the traffic flowing continuously.
Biodiversity / Ecology
Policy EN 7 - Important Natural Features – states that development proposals that would adversely affect ecologically or visually important natural features such as trees, woodlands, hedgerows / field boundaries, watercourses or ponds will only be permitted where:
1. Full account has been taken of the relevant features in the design of the development, with measures put in place to ensure that they are retained and protected wherever possible; or 2. The biodiversity value and role of the relevant feature has been taken into account and where removal is unavoidable, mitigation measures are agreed.
As part of the application the Authority’s biodiversity unit has considered the submitted Ecological report and Badger Survey and has offered no adverse comments. This is an opinion shared by NRW. The Biodiversity
Page 25 Unit has recommended a number of conditions mainly concerned with the following aspects:
Trees – The biodiversity section have recommended that all mature native trees should be retained as they may provide habitats for nesting birds and roosting bats. It should be noted that the majority of trees along the hedgerow and one located centrally within the site have been protected as such the Local Authority’s Arboriculturist has no objection to the proposal subject to protection of these trees during construction.
Hedges - They have advised that all existing hedgerows should remain and that a 2m buffer is put in place between the development and said hedgerows.
Lighting Scheme - A lighting scheme needs to be developed to ensure the retention of dark corridors for the movement of bats given that they are European protected species.
Bird nesting - The proposals will remove potential bird nesting/foraging habitats which must be mitigated for under the Habitat Regulations (amended 2012). A condition relating to a scheme showing nesting boxes can be conditioned.
A landscaping management plan - this should include long term design objectives, management responsibilities and maintenance schedules for all landscape areas play area, and areas of informal open space, this can be imposed via a suitably worded condition.
Protected species - it has been recommended that a note is attached in relation to protected species and what to do should any be discovered.
7m watercourse buffer- A 7m buffer zone has been shown and a condition can be imposed to ensure their protection during and after construction.
The ecologist has also made several recommendations for informatives relating to avoiding developing during the bird breeding season, protective species and bat bricks.
Page 26 The Local Authority has fully assessed the site in terms of it ecological value however for clarity, the following objector’s comments have been further addressed.
In relation to the concerns about proposed development draining the fields that form (phase 2) and ultimately kill off the wildlife; the drainage within this site is dispose of surface water from the development and not to drain land outside of the application site.
In relation to concerned with the loss of good quality farmland for the purposes of housing development this matter was however considered within the Public Examination associated with the LDP and addressed within the Planning Inspector’s report of October 2015. However in terms of ecological value this habitat is heavily grazed by cattle and is generally considered to be of little ecological value. In addition this habitat type is widespread in the locality and in the wider region.
In relation to owls and newts, the ecological survey did not report any of these species to be present on the application site.
Having regard to the above, it is considered that the ecological impact of the development has been adequately considered within the submitted information. Through the imposition of conditions, the impacts of the development both during and post construction and ongoing future management and monitoring can ensure that any impacts can be mitigated.
Drainage
As part of the application a drainage strategy has been submitted, accompanied by several drainage drawings. The following provides a summary of the proposed drainage scheme along with consultee responses
Foul Water
The Foul water will be drained from the site via a piped gravity sewer to the proposed pump station which is located in the South Western corners of the site. The foul water is then pumped from the pump station to the public sewer. This will be communicated with the foul manhole SN73030301 located in long Bryn Llewelyn
Page 27 The applicant has advised that this location has been agreed with Dwr Cymru Welsh Water (DCWW). The foul sewers for the site will be adopted by DCWW where the sewer passes through more than one property or where the sewer falls in the highway or public space. This is in accordance with DCWW requirement and Sewers for Adoption 7th edition.
Welsh Water have advised that they have no objection with the proposal and that Persimmon have confirmed the connection, which is option A, on Welsh Water’s planning consultation response dated 05/07/16. Notwithstanding this a condition in line with WW recommendations can be imposed to ensure the development can overcome recorded incidents of hydraulic overload and pollution on the public sewer network downstream of the proposed development.
Welsh Water has also recommended that no surface water and/or land drainage shall be allowed to connect directly or indirectly with the public sewerage network which is to prevent hydraulic overloading of the public sewerage system. Furthermore Welsh Water has advised that no problems are envisaged with the Waste Water Treatment Works for the treatment of domestic discharges from this site.
Natural Resources Wales have no objection subject to the development connecting to the mains sewer.
Surface Water
The submitted strategy illustrates that surface water flows will be managed via a piped gravity system which will connect to the drainage ditch/culverted water course on/near the site in two locations which can be seen on the latest Engineering Layout drawing. There are two connection points due to the topography of the development.
As required under current drainage regulations new developments cannot discharge surface water from the development any faster than what has been experienced pre-development. In order to manage this, a hydro brake (a piece of apparatus which limits the flow of water through it hence limiting the amount of water which can leave the development) and onsite water attenuation will be required. Due to the restricted flow from the site water will back up the sewer which means storage will be required to hold the water captured in major storm events. The developer is intending to use two forms on this site which are:
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1. Precast concrete tanks – the tanks will be located under the road and only fill up during a 1 in 30 or greater storm event. 2. Plastic Attenuation – located beneath the Open Spaces and car parking where the loading from above is low. The Plastic Tanks work in the same way as the concrete tanks. Due to adoption requirements the attenuation is split. One tank will contain all the flows associated with a storm event up to a 1 in 30 year storm event. This tank will be adopted by DCWW and therefore maintained by them. The second and third tank will provide further capacity for up to a 1 in 100 year storm plus 30% for climate change. This tank will be maintained by the management company set up for the development.
The surface water sewers for the site will be adopted by DCWW where the sewer passes through more than one property or where the sewer falls in the highway or public space. This excludes the plastic attenuation required for storm events greater than 1 in 30 year events as these will be maintained by the management company. This is in accordance with DCWW requirement and Sewers for Adoption 7th edition.
The proposed system shows that the development will not increase the risk of flooding and likely benefit the development as the flows will be managed more efficiently via a piped system. The Head of Engineering and Transport (Drainage) has assessed all the drainage information submitted and has no objection to the proposal subject to conditions relating to the following:
No highway (adopted) gullies are allowed to connect directly or indirectly into the private and/or publicly maintained “Welsh Water” sewer and vice versa. Foul water and surface water discharges must be drained separately from the site. No interference, alteration or diversion of any ditch, watercourse, stream or culvert crossing or bordering the site A drainage strategy showing the means to safely control and dispose of the ground and surface water during the course of construction A Construction Method Statement (CMS) Details of the approved Management and Maintenance Company whose intention is to be partly responsible for cleansing and maintenance of the approved system.
Page 29 Natural resources wales have also no objection subject to conditions the above conditions.
Whilst drainage of the site has been fully assessed, the following comments are made in relation to concerns raised by residents In response to flooding concerns the Head of Engineering and Transport (Drainage) has advised that development has been designed to attenuate surface water and release a flow which is better than greenfield run off rate. In addition the developer will seek to upgrade the existing highway culvert to complement the works previously undertaken by the council. The scheme seeks to improve the run-off from within the site at a controlled rate using long term storage systems. In relation to the concerns relating to existing sewerage problems within the area, the existing system will be provided with slightly less water from within the site because of the offline, long term storage attenuation system provided. In relation to the effects of climate change; the hydrology design for the development has considered climate change and factored in 30% in the surface water return period design (i.e designed for a 1 in 100yr event plus 30% climate change).
Waste
Policy W3 - Waste Management in New Development – requires proposals for new build development to demonstrate that provision is made for the design, layout, storage and management of the waste generated by the development both during the construction phase and occupation.
As part of the application a Site Waste Management Plan (SWMP) was submitted, the overall objective of which is to ensure that throughout the construction period and once completed, any site waste is dealt with properly as per Neath Port Talbot’s guidelines. The report illustrates that Persimmon Homes will take all reasonable steps to ensure that all waste from the site is dealt with in accordance with the Waste (England and Wales) Regulations 2011 and that all materials will be handled efficiently and waste managed appropriately.
Energy Assessment
Page 30 Policy RE2 Renewable and Low Carbon Energy in New Development Schemes that connect to existing sources of renewable energy, district heating networks and incorporate on-site zero / low carbon technology (including microgeneration technologies) will be encouraged. Proposals for 100 or more dwellings will be required to submit an Energy Assessment to determine the feasibility of incorporating such a scheme and where viable, would be required to implement the scheme.
Whilst this scheme is for 76 and under the threshold, the whole housing allocation on this site was for 150, therefore it was felt reasonable to assess all phases.
As such an independent Energy assessment was carried out. This assessed all types of renewable energy and low carbon technologies. The assessment concluded that building integrated photovoltaic panels would be the most appropriate form of renewable energy that could be incorporated into the proposed development. Following discussion in respect of development viability, the applicant has agreed to provide a scheme to provide PV cells to 8 units (10% of the development), which in this instance of considered to be acceptable under Policy RE2.
Section 106 Planning Obligations
Local Development Plan Policy SP 4 (Infrastructure) states that “Developments will be expected to make efficient use of existing infrastructure and where required make adequate provision for new infrastructure, ensuring that there are no detrimental effects on the area and community. Where necessary, Planning Obligations will be sought to ensure that the effects of developments are fully addressed in order to make the development acceptable”.
Policy I1 (Infrastructure Requirements) then states that “In addition to infrastructure improvements necessary to make a development acceptable in health, safety and amenity terms, additional works or funding may be required to ensure that, where appropriate, the impact of new development is mitigated. These requirements will include consideration of and appropriate provision for: Affordable housing; Open space and recreation facilities; Welsh language infrastructure (in language Sensitive Areas); Community facilities including community hubs; Biodiversity, environmental and conservation interests; Improving access to facilities and services including the provision of walking and cycling routes; Historic and built environment and public realm improvements; Community and public transport; Education and training.
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The Community Infrastructure Levy Regulations 2010 came into force on 6th April 2010 in England and Wales. They introduced limitations on the use of planning obligations (Reg. 122 refers). As of 6th April 2010, a planning obligation may only legally constitute a reason for granting planning permission if it is:
(a) necessary to make the development acceptable in planning terms; (b) directly related to the development; and (c) fairly and reasonably related in scale and kind to the development.
In this case, the proposal relates to a planning application for the development of 79 residential units.
In view of the type and form of development proposed in this location, having regard to local circumstances and needs arising from the development, the following planning obligations are considered necessary to make the development acceptable in planning terms and to meet the policy and legislative tests for planning obligations.
Affordable Housing
Policy AH1 of the LDP states that all new housing developments will be required to contribute to affordable housing provision. Within the Pontardawe spatial area, a 10% affordable housing target is sought. It should be noted that the application has been with the Council since 25th April 2014, at which time the UDP was the adopted Development Plan, within which Policy H4 sought to achieve a 20% affordable housing contribution. However the site at this time was located outside of settlement, as such the applicant chose to delay progressing the application so that it would be considered against the LDP.
The proposed 79 unit scheme would therefore be required to provide 7.9 units as an affordable housing contribution. The proposed layout plan PL-01 identified that 8 units of affordable housing would be provided on site, comprising 2 x 1 bed, 4 x 2 bed and 2 x 3 bed properties dispersed throughout the site. Such provision is in accordance with the emerging SPG and meets the requirement under Policy AH1, such housing to be appropriately controlled through a legal agreement.
Education
Page 32 Concerns have been expressed locally, including by locals Members, that the development would exacerbate existing overcrowding issues at local schools.
Throughout the course of the application, discussions have taken place between officers within the planning and education departments to determine the existing level of educational provision, both English and Welsh language medium education, and the potential need arising from the development proposal in question.
With such applications, the SPG advises that the need for a planning obligation will be established by assessing the capacity and suitability of existing educational facilities within whose catchment area the proposed development site is located. A planning obligation will be expected only where existing schools cannot adequately absorb the estimated number of additional pupils arising from a proposed development.
Based on the SPG figures, each new residential (other than 1 bed units) will likely generate 0.37 (0.21 primary; 0.16 secondary) children or young people with educational requirements. This equates to the following generated demand : -
Primary 77 x 0.21 = 17 pupils Secondary 77 x 0.16 = 13 pupils
Notwithstanding the concerns raised by local members, the community council and residents that Schools are experiencing crowding, the Education Department have reviewed the existing and projected capacity at local schools (Rhos Primary; Cwmtawe; YG Ystalyfera and YGG Pontardawe) and proposed phasing of the development, and advised that there is existing capacity at each school (with existing over-capacity issues at Cwmtawe noted to be ‘worked out of the system’ such that no contribution is required for that school).
While some information has been provided which suggests that the condition of some accommodation at Rhos Primary is deteriorating, negotiations/discussions with the developer pre-date such information being provided, and given the above capacity it is considered that no financial contribution towards the local schools should be sought from the developer on this phase.
Public Open Space / Children’s Play Facilities
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Policy OS1 states where there is a quantitative deficiency in outdoor sport, children’s play, informal space or allotments, provision will be sought, including the requirement for maintenance in conjunction with all new residential developments of 3 or more dwellings, based on the following standards:
Open Space Standard Outdoor Sport 1.60 hectares per 1.000 population Children’s Play 0.25 hectares per 1,000 population Informal Space 0.55 hectares per 1,000 population Allotments 0.19 hectares per 1,000 population
Having regard to the ‘Open Space Assessment 2013, produced in support of the adopted Local Development Plan, it is noted that there are existing shortfalls in all of the above categories within the ward. Accordingly, the existing deficiencies would be exacerbated by the increase in population arising from the proposed development, and there is a need for the development to contribute towards addressing such deficiency.
Whilst it is noted that the submitted plans indicate 0.08ha of informal open space (800sqm), a 400sqm LEAP (Play area) and a Children’s Play area of 0.16ha (1600sqm), there is no provision for the remaining categories of open space. There is no opportunity on this proposal for pitch/non-pitch sport or allotments, however the area already benefits from Rhos Park where there are playing fields, non-pitch sports facilities and allotments. This is a well-used facility that is run by the community council and as such and ideal candidate site for any monetary contributions, as any enhancements to this site would benefit the whole community.
The below table, detail the requirements provided and what needs to be secured:
Open Space Open Space Open Space “On-site” “Off-Site” 79 dwellings requirement Provision Financial (sq. m) (Sq.m) Contribution £22,464 OUTDOOR SPORT-PITCH 2080 0
OUTDOOR SPORT-NON PITCH 814 0 £81,400 400leap + CHILDRENS PLAY 452 £0 1600 informal
Page 34 play INFORMAL SPACE 995 800 £975 ALLOTMENTS 343 0 £3739
The legal agreement therefore seeks a financial contribution of £108,578 for provision of off-site POS to be spent within Rhos Park. It is therefore considered that subject to the above, the development accords with Policy OS1 of the adopted LDP. Offsite highway improvement contributions
As indicated in the highways section above, the development would have an impact on the existing highway infrastructure on the nearby surrounding roads As a result discussions have taken place between the developer and Council in respect of offsite mitigation work which include traffic lights, 2 pedestrian crossings and pedestrian footpaths. Such matters would be secured through a Section 278 agreement.
Welsh Language Impact
In respect of the impact on the Welsh language, Policy SP22 states that the Welsh language will be safeguarded and promoted. In this regard, Policy WL1 requires development in Language Sensitive Areas to provide a Welsh Language Action Plan (WLAP), setting out the measures to be taken to protect, promote and enhance the Welsh language.
There is therefore a need to mitigate any negative effects from new development through:
Supporting the use of the language in the local community; and Helping residents of new housing and people who work in new retail, commercial and industrial developments to learn and use the language to offer a Welsh medium service to the public and to create opportunities in work to use the language.
The submitted WLAP has been reviewed by the Local Authority’s Policy Section, and it is noted that as part of the measures proposed the applicant is prepared to offer a financial contribution to promote these services – be it through ‘Menter Iaith CNPT’ or through the activities arranged by the Welsh language organisation, ‘Yr Urdd’.
In this respect, a Financial Contribution has been agreed with the Developers of £39,500 (£500 per unit to cover 3 years) towards the
Page 35 mitigating against the impact on the welsh language. This would need to be agreed and would be likely to cover such things as bilingual site signage, welcome packs (placing the language in its context and setting out the local Welsh language provision) and use on Strategic projects to help increase Welsh usage in the community and protect, promote and enhance the Language. Other Matters
Responses to matters raised in representations not covered in the report on the main issues.
As identified earlier in this report, a number of objections were received in response following the publicity exercise. In response to the main issues raised which have not been addressed elsewhere in this report, the following comments are made:
It Is not considered that development of this allocated housing site would have any adverse impact on air quality within the village.
In response to the concerns relating to phase 2; this application assesses phase 1 only, should a further application be submitted for phase 2, it would be assessed at that time.
Matters relating to the likely sale of land for phase 2 by the land owner is not a material planning consideration.
While technical, the submitted reports are considered to adequately identify the impacts of the development and necessary mitigation.
CONCLUSION
The decision to recommend 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 Development Plan comprises the Neath Port Talbot Local Development Plan (2011–2026) adopted January 2016.
For the reasons given above, it is concluded that the development of this site, which is allocated within the Neath Port Talbot Local Development Plan, will contribute towards the delivery of housing within
Page 36 the County Borough in a sustainable location, and that subject to the imposition of conditions relating to highways, ecology and drainage, and the signing of a Legal Agreement to secure the provision of affordable housing, open space, welsh language and a bond for off-site highways mitigation, the proposed development would have no unacceptable impacts upon the character and appearance of the surrounding area, on residential amenity or on highway and pedestrian safety. Accordingly, the proposed development is considered to accord Policies SP1, SP2, SP3, SP4, SP5, SP8, SP10, SP15, SP16, SP18, SP19, SP20, SP21, SC1, I1, H1, AH1, OS1, EN7, EN8, RE2, W3, TR2 and BE1 of the Neath Port Talbot Local Development Plan.
RECOMMENDATION
Approval subject to conditions and the signing of a Section 106 Legal Agreement covering the following general Heads of Terms:-
Provision of 8 units (10%) of affordable housing Provision of 400 sq.m. Locally Equipped Area for Play (LEAP) Financial Contribution of £30,500 (or equivalent scheme) to protect, promote and enhance the Welsh language. Financial Contribution of £108,578.00 towards public open space provision
CONDITIONS
Time Limit Conditions
(1)The development hereby permitted shall be begun before the expiration of five years from the date of this permission.
Reason To comply with the requirements of Section 91 of the Town and Country Planning Act 1990.
Approved Plans
(2) The application shall be built in accordance with the following plans and documents:
Document/Plan Name Revision Rev Planning Statement Rev. B Design and Access Statement
Page 37 Planning Layout PL-01 Rev. K Masterplan MP-02 -POS Provision Plan PPP-01 548 Morden Floor Plans & Elevations MR-WD16 Rev. K 739 Moseley Floor Plans & Elevations MS-WD16 Rev. L 761 Hanbury Floor Plans & Elevations HB-WD16 Rev. P 870 Rufford Floor Plans & Elevations RF-WD16 Rev. P 932 Souter Floor Plans & Elevations SU-WD16 Rev. R 969 Hatfield Floor Plans & Elevations HT-WD16 Rev. S 999 Clayton Corner Floor Plans & Elevations CCA-WD1 Rev. F 1096 Roseberry Floor Plans & Elevations RS-WD16 Rev. S 1222 Chedworth Floor Plans & Elevations CD-WD10 Rev. N 1222 Chedworth Corner Floor Plans & Elevations CDC-WD06 Single double garage SGD-01 788 WHQS Planning Drawing WHQS-WD16 835 WHQS Planning Drawing 835-WHQS-WD01 Rev.F Revised Transport Assessment 14-00344/AD/01 Network Flow Diagrams 14-00344 Proposed Signalisation RSA PH/1415/341/08 Drainage Strategy Feb 16 Rev. B Link Road Drainage Plan 10040-200 Engineering Layout 10040-001 Rev. L Street lighting Layout GC/002334 Longitudinal Sections 10040-002-01 Rev. D Highway Construction Details 10040-003-A Rev. A Manhole Sections 10040-005 Rev. D Hydrobrake Details Manhole S3 10040-006-A Rev. A Hydrobrake Details Manhole S27 10040-007-A Rev. A Link Road Drainage Plan 10040-200 Section 104 Foul Rising Main Plan 10040-S104-01 Section 104 agreement 10040-S104-C Ecology Report October 2013 HE/40/2013 Badger Survey March 2014 HE/87/2013 Updated Badger Survey Welsh Language Impact Assessment Energy Assessment Waste Management Plan Landscape and Visual Appraisal - Amglam Design and Access Statement Planning Statement Reason In the interest of Clarity
Pre-Commencement Conditions
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(3) Prior to any development commencing on site, the developer must do the following:- a)Notify the Local Planning Authority in writing that you intend to commence development by submitting a Formal Notice under Article 24B of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 (DMPWO) in the form set out in Schedule 5A (a newly inserted Schedule) of the DMPWO (or in a form substantially to the like effect); and b)Display a Site Notice (as required by Section 71ZB of the 1990 Act) in the form set out in Schedule 5B (a newly inserted Schedule) of the DMPWO (or in a form substantially to the like effect), such Notice to be firmly affixed and displayed in a prominent place, be legible and easily visible, and be printed on durable material. Such Notice must thereafter be displayed at all times when development is being carried out.
Reason: To comply with procedural requirements in accordance with Article 24B of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 (DMPWO) and Section 71ZB of the Town and Country Planning Act 1990.
NOTE: Templates of the required Notice and Site Notice are available to download at www.npt.gov.uk/planning
(4) No development shall take place, including any site clearance, until such time as a detailed scheme for the off-site highway and drainage improvement works has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented in accordance with the agreed details and phasing programme (see note 1).
Reason In the interest of highway and pedestrian safety
(5) No development shall take place, including any works of demolition or site clearance until a Construction Method Statement (CMS) and Drainage Construction Method Statement (DCMS) been submitted to and approved in writing by the Local Planning Authority. The approved Statements shall be adhered to throughout the whole of the construction period (see notes 2 and 3).
Page 39 Reason In the interest of highway and pedestrian safety, the environment, and the amenity of residents.
(6) Notwithstanding the details submitted the Roseberry house type located on Plots 24. 28, 29, 41, 44, 48, 76 & 79 shall be amended to provide a garage with a minimum internal dimensions of 3m by 6m, or a revised house type and plot layout providing at least two car parking spaces, three if the gross floor area of that dwelling exceeds 120 sq.m, provided within the curtilage of each dwelling. Reason In the interests of Highway and pedestrian safety.
(7) No development or site clearance shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of landscaping. The scheme shall pay particular regard to the retention of existing hedgerows, and shall include indications of all existing trees (including spread and species) and hedgerows on the land, identify those to be retained, and include full details for their protection throughout the course of development.
Reason In the interest of visual amenity and to accord with Section 197 of the Town and Country Planning Act 1990 and to ensure no damage is caused to the trees during construction.
(8) In addition to the landscaping of privately owned domestic gardens, the details required in connection with condition 7 above shall include full details of hard and soft landscaping schemes for the landscaping of all public landscape areas including the pedestrian footpaths, highway verge areas, and informal play areas / public open space, and shall include: i) A statement setting out the design objectives and how these will be delivered; ii) Hard surfacing materials and designs and enclosures; iii) Details of the design and location of minor artefacts and structures including street furniture, refuse bins, highway grit bins for development access road and footpaths; iv) Planting schemes including species, planting densities and sizes at time of planting, including wildlife friendly species and those that will promote habitat creation.
Page 40 The approved landscaping scheme shall be fully implemented within the first planting season following completion of the development, any trees or plants which within a period of five years from the completion of the residential development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and the same species, unless the Local Planning Authority gives written consent to any variation
Reason In the interest of visual amenity and to accord with Section 197 of the Town and Country Planning Act 1990
(9) Prior to the commencement of works on site the 7m wide buffer zone from the watercourse, as identified on drawing PL-01 Rev. K shall be fenced-off to provide protection from development activities. Following completion of development, the buffer zone shall be retained thereafter and maintained as an open channel (wherever possible), with naturally vegetated margins. Reason In the interest of Ecology
(10) No development shall take place until details of the implementation, maintenance and management of the drainage scheme have been submitted to and approved in writing by the local planning authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details. Those details shall include: i. a timetable for its implementation, and ii. a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the drainage system throughout its lifetime. Reason In the interest of good land drainage
Action Conditions
(11) Notwithstanding the submitted plans, no dwelling shall be occupied until a public lighting scheme for the site has been submitted to and approved in writing by the Local Planning Authority, and the street lighting from the site access to that dwelling has been completed and is operational in accordance with the approved details.
Page 41 Reason In the interests of highway and pedestrian safety, residential amenity and public safety.
(12) Prior to construction work commencing on any dwelling hereby permitted, details of a scheme to provide artificial nesting sites for birds within the site shall have been submitted to and approved in writing by the local planning authority. All approved artificial nesting sites shall be implemented in accordance with the approved details prior to occupation of each building to which it relates.
Reason In the interest of Biodiversity and mitigation for the loss of habitat within the site.
(13) Prior to the first beneficial occupation of any dwelling hereby permitted, a scheme detailing the location of a minimum of 8 residential units which will incorporate solar PV panels shall have been submitted to and approved in writing by the Local Planning Authority. The scheme shall include full details of the panels and elevations and locations plans identifying which units they will be located on. The development shall be constructed in accordance with the agreed details prior to the occupation of each associated dwelling(s), and retained as such thereafter.
Reason In the interest of providing low carbon energy generation within the development to accord with the requirements of Policy RE2 of the Local development Plan.
(14) Notwithstanding the details submitted, prior to the commencement of development of any dwelling a scheme detailing the proposed means of enclosure to all property boundaries shall have been submitted to and approved in writing by the Local Planning Authority. The means of enclosure shall be provided in accordance with the agreed scheme prior to the occupation of the associated dwelling, and retained as such thereafter.
(15) Prior to the construction of any dwelling details of the Local Equipped Area for Play (LEAP) shall be submitted to an approved in writing by the local planning Authority. The submitted scheme shall detail the size, location and the details of the facilities to be provided, together with a schedule of works which shall detail when the proposed
Page 42 facilities will be provided on site. The facilities shall be fully implemented on site in accordance with the approved details.
Reason To ensure the development provides essential infrastructure to serve residents needs in accordance with Policy OS1 of the Local Development Plan.
(16) Prior to their use as part of the development hereby permitted, a schedule/plan and samples of the materials to be used in the construction of the external surfaces of the buildings and on the external surface of the driveways and/or forecourts, shall be submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.
Reason In the interest of visual amenity
(17) Prior to the first occupation of any dwelling, a management and maintenance plan for the all landscaped areas other than privately owned domestic gardens (including all areas of informal or formal open Space, including the equipped play area, ) shall have been submitted to and approved in writing by the Local Planning Authority. The management and maintenance plan shall be implemented and adhered to in accordance with the approved details thereafter (see note 4).
Reason in the interest of visual and residential amenity, and to ensure the long term management and maintenance of all public open spaces, formal and informal that lie outside of the curtilage of individual properties.
(18) Prior to the first occupation of any dwelling a scheme outlining the location of the bin storage areas shall be submitted to and approved in writing by the Local Planning Authority, this scheme shall allow for kerb side pick for both refuse and recycling. The scheme as approved shall be implemented to serve that property prior to its first occupation, and retained for such use thereafter.
Reason In the interest of highway and pedestrian safety and the amenity of residents.
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(19) Prior to the beneficial occupation of the development hereby approved, the developer shall ensure: a) That the foul discharges from the development hereby approved are communicated with the foul sewer at or downstream of manhole SN73030301 located in long Bryn Llewelyn; or b) That a surface water removal strategy delivering sufficient compensation for the foul flows from the development hereby approved has been implemented in accordance with details that have been submitted to and approved in writing by the Local Planning Authority. The submitted surface water removal strategy shall include: i. Details demonstrating that a quantifiable volume of surface water has been identified, and can be removed from the public sewer network downstream of the proposed point of communication; and ii. Details demonstrating a feasible method for the disposal of the surface water removed from the public sewer network; or c) That a hydraulic modelling assessment has been commissioned in liaison with Dwr Cymru Welsh Water, and the foul sewerage infrastructure works required by the commissioned hydraulic modelling assessment have been completed and approved in writing by Dwr Cymru Welsh Water and the Local Planning Authority.
Reason To overcome recorded incidents of hydraulic overload and pollution on the public sewer network downstream of the proposed development, which render it unable to accommodate the anticipated foul discharges from the proposed development.
(20) Prior to the installation of the foul pumping station, a scheme shall be submitted to and approved in writing by the local planning Authority detailing the apparatus to be installed. The scheme shall also include plans and elevations, and also provide details of noise and odours emissions. The pumping station shall be installed in accordance with the agreed details prior to the first beneficial use of any dwelling.
Reason To ensure satisfactory foul drainage is provided and in the interest of visual and residential amenity.
Page 44 Regulatory Conditions
(21) The new junction off the A474 shall maintain visibility splays of 2.4 metres by 70 metres in either direction where nothing over 600mm shall be allowed to grow or constructed. Reason In the interest of highway and pedestrian safety
(22) Any gates fronting onto the highway shall be of a type which open inwards only, and maintained as such thereafter. Reason In the interest of highway and pedestrian safety
(23) No garage shall be converted to residential use unless a scheme for replacement car parking has been submitted to and approved in writing by the local planning authority. The scheme shall be implemented prior to the commencement of any conversion works and shall provide for one additional car parking space for each space lost by any conversion works. Reason In the interest of highway and pedestrian safety
(24) Notwithstanding the submitted plan each drive shall be a minimum length of 6 metres (10.8 metre length for parking in tandem) from the back of footway to the front of the garage structure, 3.6 metres (6.2 metres wide for two car parking opposite) minimum width, and prior to the first use of the dwelling each drive shall hard surfaced in porous asphalt or permeable block paving or a provision must be made to direct run-off water from the hard standing to a permeable or porous area within the curtilage of the dwelling house to a maximum gradient of 1 in 9 and no less than 1 in 150. Reason In the interest of highway and pedestrian safety
(25) All shared drives (serving a maximum of 5 dwellings) to have a gradient not exceeding 1 in 15 gradient to be 4.5 wide, and have vision splays of 2.4 metres by 45 metres in both directions which shall be hard surfaced in porous asphalt or permeable block paving or a provision must be made to direct run-off water from the hard standing to a permeable or porous area within the curtilage of the dwelling house. Shared drives shall not exceed 30 metres in length (carrying distances for bins and recycling waste). Reason: In the interest of highway and pedestrian safety
Page 45 (26) No trees shall be planted within the footway nor any trees be planted within 2m of the back of footway unless a suitable root barrier is correctly situated. Reason In the interest of highway and pedestrian safety
(27) Foul water and Surface water discharges must be drained separately from the site.
Reason To protect the integrity of the public sewerage system
(28) Unless otherwise approved under a condition, no surface water and land drainage run-off shall be allowed to connect/discharge (either directly or indirectly) to the public sewerage system. Reason To protect the integrity of the public sewerage system
(29) There must be no interference, alteration or diversion of any ditch, watercourse, stream or culvert crossing or bordering the site, without prior consultation and agreement with the Local Authority. Reason To safeguard land drainage
(30) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended for Wales) (or any order revoking and re-enacting that Order with or without modification), no doors, windows or dormer windows (other than those expressly authorised by this permission) shall be constructed. Reason In order to safeguard the amenities of the area by enabling the Local Planning Authority to consider whether planning permission should be granted for additional windows, having regard to the particular layout and design of the estate.
(31) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order, 1995 (or any order revoking and re-enacting that Order), no fences, gates or walls shall be erected within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, carriageway, shared driveway or footpath unless otherwise approved through submission of a scheme under Condition 15 of this permission.
Page 46 Reason In the interests of the visual amenity of the area and the amenities of the occupiers of proposed and existing dwellings.
(32) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended for Wales) (or any order revoking and re-enacting that Order with or without modification), in respect of plots 21 to 26 (inclusive) and plots 47 to 55 (inclusive) there shall be no extension or external alteration, and no garages or outbuildings shall be erected (other than those expressly authorised by this permission), without the prior grant of planning permission.
Reason In order to safeguard the protected trees by enabling the Local Planning Authority to consider whether planning permission should be granted for extensions, having regard to the wellbeing of the protected trees
Notes
(1) The developer is made aware that the scheme as required under condition 4 of this permission shall include but shall not be limited to the following:-
Full drainage network details that include the position of new gullies, Relocation of existing gullies, upgrading existing pipe sizes. Controlled pedestrian crossings/access details New footways, footway connections. H-Bars on existing highway access. Anti-skid resistance carriageway approach to traffic signals Traffic signals. Tactile crossing and pedestrian guardrails. Radii junction details. Highway marking (white lines, hatching) etc Traffic Regulation Order Scheme. Signage. Details of Emergency access off A474. Full traffic management scheme. Phasing proposals.
Page 47 (2) In respect of condition 5 the CMS shall provide for as a minimum;
The parking of vehicles of site operatives and visitors Loading and unloading of plant and materials Storage of plant and materials used in constructing the development The erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate Wheel washing facilities Measures to control the emission of dust and dirt during construction A scheme for recycling/disposing of waste resulting from demolition and construction works. Scoping route for all deliveries to and from the development. A scheme for the erection of temporary/semi temporary signage warning drivers of the presence of children and speed restrictions.
(3) The DCMS as required under condition 5 shall include method(s) of controlling ground water and surface water safely and without compromising working area, and to ensure that any adjoining land and highways is not interrupted or otherwise adversely affected by the development, together with methods of mitigating potential flooding downstream. The approved DCMS shall include details of monitoring and maintenance regimes.
(4) Those details required under condition 18 shall include as a minimum: i. A plan identifying all parts of the site which will be subject to ongoing management under the scheme; ii. A timetable for its implementation, and iii. A management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body, or any other arrangements to ensure all identified areas of open space and footpaths are managed throughout its lifetime.
(5)The lighting scheme as submitted under condition 12 shall, as far as is practicable, incorporate best practice guidance to ensure the retention of dark corridors for the movement of bats with no direct lighting of vegetation.
Page 48 Agenda Item 5
SECTION A – MATTERS FOR DECISION
Planning Applications Recommended For Refusal
APPLICATION NO: P2016/0320 DATE: 04/05/2016 PROPOSAL: Change of use from former lorry park to caravan/ motorhome storage and servicing together with ancillary sales. LOCATION: Former Lorry Park, Tata Steel , Cefn Gwrgan Road, Margam , Port Talbot SA13 2PT APPLICANT: Mr Paul O'Dwyer TYPE: Full Plans WARD: Margam
Background:
The application was called into Planning Committee by Ward Member Councillor Rob Jones on the grounds that he believes this application should have been recommended for approval. It will create employment and this land has been used for many years as a Lorry storage area on behalf of TATA. If the main entrance to TATA had not been closed the Councillor believes it would still be doing that. The Councillor sees little difference between Lorry storage and Caravan storage.
At the 12th July Planning Committee, Members resolved that the application should be deferred “to allow the applicant the opportunity, in consultation with Officers, to submit additional supporting information outlining their comprehensive plans for the site including the full list and extent of uses proposed, (as defined within their business plan) which will in turn demonstrate the employment potential of the site. The applicant was also requested to demonstrate their assessment of alternative sites (as required by TAN23) and as such the reason why this site was the preferred option”.
The report which follows is that which was presented to the 12th July Committee, amended to incorporate the Officers assessment of the additional information submitted.
Planning History:
None
Page 49 Publicity and Responses:
The application was advertised by site notice displayed on 10th May 2016 and by letter to the adjacent site (ECM2). It has also been re- advertised as a departure to the Development Plan on 28th October 2016. To date no representations have been received.
National Resources Wales: No objection
Wales and West Utilities: No objections
Head of Engineering and Transport (Highways): No objections
Head of Engineering and Transport (Drainage): No objections
Pollution Control: No objections
Petroleum Officer: No objections
Contaminated Land: No objections
Public right of ways: No objections
Description of Site and its Surroundings:
The site comprises an irregular parcel of land measuring approximately 1.07 hectares. It is currently accessed off Cefn Gwrgan Road and is situated outside but adjacent to the settlement limit, with the Abbots Mews and Abbots Close estates nearby. To the west of the site lies Tata Steel and to the east is a bowling green, tennis court and golf club.
The applicant has indicated that the land has not been in use since 2012 when the land was acquired by Welsh Government. The applicant has referred to a previous use on the site of HGV storage, although there is no lawful planning use on site. Aerial imagery going back to 2004 on the Councils records do not indicate use of the site, nevertheless there is local knowledge that it has been known to be used for HGV use over the years.
Page 50 Brief description of proposal:
The application originally sought permission for a “proposed change of use from former lorry park to caravan/ motorhome storage and servicing”.
Following the deferral at the 12th July Committee, the applicant submitted additional supporting information, including a business plan projection for the years 2017-2020, along with a number of accompanying emails providing supplementary information (detailed further below).
While the development was previously considered to fall within the B8 Use Class, consideration has since been given to the additional supporting information, following which it is considered that the use proposed would more appropriately comprise a mixed Class B8/B2 (storage and distribution / General Industrial) use together with ancillary sales.
Details of Use
The applicant has indicated that the capacity of the use will be for 151 units and will look to employ nine members of staff in its first year of which two will be full-time.
Following the deferral at Committee, the applicant has submitted additional supporting information, including a business plan projection for the years 2017-2020, along with a number of accompanying emails providing supplementary information.
The most relevant detail to be extracted from the additional supporting business plan referred to above relates to staffing levels. The staff structure proposed is shown below:
• Directors/Owners • Security Guard • Valeters • Sales • Servicing • Engine management • Technicians
Page 51 This structure and the predicted expansion can be summarised as the following:
Year One Year Two Year Three x2 x2 x2 Director (4 hrs each Mon- (8hr shift each (8hr shift each Fri) Mon-Fri) Mon-Fri) x1 x1 x1 Security guard (12hr nights (12hr nights (12hr nights (calculated as employed through employed through employed through 1FTE) an agency, 7 days an agency, 7 days an agency, 7 days per week) per week) per week) x2 x2 x2 (4 hr shift each, 1 (4 hr shift each, 1 (4 hr shift each, 1 Valeter Mon-Fri, 1 Tue- Mon-Fri, 1 Tue- Mon-Fri, 1 Tue- Sat) Sat) Sat) x1 x1 x1 Sales (4 hr shift Tue-Sat) (8 hr shift Tue-Sat) (8 hr shift Tue-Sat) x2 x3 x1 Servicing (8 hr shift Mon-Fri, (8 hr shift Mon-Fri, (8 hr shift Mon-Fri) Tue-Sat) Tue-Sat) x2 x1 (4 hr shift Mon- (4 hr Tue-Sat) Vehicle x2 Fri, Tue-Sat) technician (4 hr shift Tue-Sat) x2 x1 (8 hr shift Mon-Fri) (8 hr shift Mon-Fri) Total (no.) 9 11 12 FTE (approx.) 5 ½ 9 10 ½
These figures predict that the maximum number of employees in the third year of employment will be 12 (approx. 10 ½ FTE).
With regard to exploration of alternative sites, the applicant has stated in an email that they looked at land adjacent to the Copper Penny restaurant in Port Talbot but did not pursue it given its planning history. The applicant state they contacted St Modwen about land available on the old BP site, but were put off due to its location being ‘out of the way’. Finally, they were offered land on Harbour Way but it was considered that the cost in site preparation was ‘extortionate’.
Page 52 Material Considerations:
The issues to be considered during the determination of this application relate to the principle of development at this site, having regard to its location outside of the settlement boundary, and its effect on residential and visual amenity as well as any impact on highway and pedestrian safety.
Policy Context:
National Guidance
Planning Policy Wales, Edition 9 (2016)
TAN 15 - Development and Flood Risk TAN 23 - Economic Development
Local Development Plan
The Council formally adopted the Local Development Plan on 27th January 2016, within which the following Policies are of relevance: -
Policy SP1 Climate Change Policy SP3 Sustainable Communities Policy SP11 Employment Growth Policy SP17 Minerals
Policy SC1 Settlement Limits Policy EC3 Employment Areas Uses Policy M1 Development in Mineral Safeguarding Areas Policy TR2 Design and Access of Mineral Safeguarding Areas Policy BE1 Design
Principle of Development
The site is located outside of, but adjacent to, the settlement limits defined by Policy SC1 of the adopted Local Development Plan, and is therefore defined as ‘countryside’ where Policy SC1 states that development will only be permitted under 12 identified circumstances.
For the purposes of this proposal, Criterion 1 is the most relevant, which allows development where “it constitutes a sustainable small scale employment use adjacent to a settlement limit”.
Page 53 The supporting text at paragraph 3.0.17 defines ‘employment use’ as “uses that provide significant employment opportunities as set out in Policy EC3”. This requirement for significant employment opportunities is considered to be consistent with National Policy in Planning Policy Wales and TAN 23 (Economic Development) which seek to protect the countryside and direct development to the most appropriate and sustainable locations.
In locational terms, the site lies adjacent to the defined settlement limit, and therefore could comply with this criterion. The proposed storage/servicing use, however, based on the revised submissions would employ a maximum of 5 ½ FTE staff (9 in total) in its first year potentially raising to 10 ½ FTE (12 in total) in the third year. While acknowledging the local Member’s views that it will create employment, it is nevertheless considered that while small in scale – with the indicated FTE staff greater than initially indicated in the application - the proposal could not be considered to provide the significant employment opportunities necessary to justify such development outside of settlement limits. It is therefore considered to be contrary to Policy SC1 of the adopted Local Development Plan.
Notwithstanding the above, consideration has been given to the thrust of National Policy in TAN23 in respect of economic development, and in this regard paragraph 1.2.7 outlines that a sequential test should be used when identifying land for economic uses, or when determining planning applications. Judgement should be applied to the economic use and its applicability to the particular location. First preferences should be given to sites within settlement limits, second preference to edge of settlement sites, and third preference should consider land in the open countryside. It also notes that if land supply within settlements is already sufficient to meet demand, then generally it will be wrong to identify sites in the countryside
TAN 23 further advises that where a planning authority is considering a planning application … it should ask three questions in order to help clarity and balance the economic, social and environmental issues. These are considered in turn below:
Alternatives: if the land is not made available (the site is not allocated, or the application is refused), is it likely that the demand could be met on a site where development would cause less harm, and if so where? This test follows from the principle in PPW, that the planning system should steer development to the most sustainable locations.
Page 54
Evidence of seeking alternative sites has been discussed earlier in this report. This evidence merely consisted of naming three locations where they were either offered land or made enquiries. The appropriateness or lack of was never elaborated on in any great detail and the limited search undertaken (3 sites) is not considered to be enough justification to promote the development at this site above others. In the Council’s attempts to steer economic development to the most appropriate and sustainable locations, it is considered that the proposal could be located within defined settlement limits or within existing, allocated employment areas.
While not strictly part of this ‘test’, it is also noted that in contrast to the current proposal, it is considered quite likely that an alternative scheme could come forward on this site which could provide the significant employment opportunities required to justify such development outside settlement limits, having regard to the excellent communication links of this site.
Jobs accommodated: how many direct jobs will be based at the site?
This test provides an approximate measure of a development’s contribution to the wider economy, but as identified above, it is considered that 2 full time employees (5 ½ FTE) in the first year eventually rising to 12 (10 ½ FTE) in the third year based on projections does not offer the significant level of employment necessary to justify such development on this site.
As a fledgling business, there are also some concerns over whether the site can reach or sustain the projected staffing levels, having regard to the level of income generated, which has some relevance given the importance of job generation as part of the planning assessment.
Special merit: would the development make any special contribution to policy objectives? For example, a major employment site may be a key element of a wider spatial strategy which aligns jobs, development and infrastructure.
With regard to special merit, whilst it is acknowledged that the proposal would make use of previously developed, vacant and underused land, the employment use proposed is not considered to provide significant economic benefit to warrant the location outside of settlement limits.
Page 55 Accordingly, while acknowledging the local Member’s view that the proposed use would ‘create employment’, this is not considered to be of such significance that it would justify development outside of settlement limits contrary to Policy SC1 and TAN23.
Following the above assessment of the ‘principle’ of development, other matters are considered in turn below
Visual Amenity:
The application site area is flanked on its western side by an existing industrial site which houses the EC2 at the entrance to the Tata Steelworks whilst to the north are houses and a golf course to the south-east. While visible from the PDR / Harbour Way, the site is not highly visible in local views, while the character of the immediate area is very much mixed in appearance rather than one distinct uniform pattern. The site, while undeveloped, also has existing boundary treatments and an adjacent sub-station which ensures it does not have a ‘countryside’ appearance.
In view of this it is considered that the introduction of a caravan storage facility would not be unacceptably out of character, nor would it have an unacceptable adverse effect on visual amenity given the existing vegetation present on the boundaries which offers a shielding effect to the non-industrial uses. Furthermore should the application have been recommended for approval, a landscaping scheme would have been required by condition to further enhance the site boundaries and soften the appearance of the use and allow it to appear less regimented visually.
Therefore, in view of the above it is considered that there would not be any unacceptable impact on visual amenity to warrant a refusal recommendation.
Residential Amenity:
As identified above, the site is largely screened from adjacent residential properties on Abbotts Close, and such screening could be enhanced through a landscaping condition. The nature of the development also does not lend itself to any likely impacts in terms of overlooking; therefore there will be no issues with invasion of privacy in terms of conflict between distances between habitable room windows or the overlooking of private space.
Page 56
The proposal has been assessed by the Environmental Health Section who have concluded that it is unlikely that neighbouring residential properties would suffer noise or any other statutory nuisance as a result of the proposed activity, with noise levels likely to be quieter than those from the HGV movements that used to take place on this site or its access road. Had a positive recommendation been reached, however, appropriate conditions would have been imposed to ensure that the amenities of neighbouring properties were protected from activities relating to the servicing element.
Therefore after taking into account the above findings, it is considered that the proposal will not adversely affect residential amenity.
Flooding:
The application site lies within zone C2 as defined by the development advice map referred to under Technical Advice Note (TAN) 15 Development and Flood Risk (July 2004). Furthermore National Resources Wales (NRW) flood information confirms the site is at risk flooding.
Notwithstanding the above, the NRW considers that due to the scale of the development it is not considered that a flood consequence assessment is required in this case. They do however suggest that the applicant should be made aware of the potential risk of flooding to the property.
In view of this above NRW assessment, the flooding issues on the site or not considered significant to warrant a refusal recommendation on an application of this type.
Highway Safety (e.g. Parking and Access):
The Head of Engineering and Transport (Highways) has assessed the proposal and is satisfied that the proposed use can be accommodated within the existing infrastructure and the storage of caravans will not negatively impact on highway and pedestrian safety.
Page 57 Conclusion:
The site is located outside of the settlement limit, and outside of land allocated or safeguarded for employment use by the LDP, where such uses should be located in order to steer economic development to the most appropriate and sustainable locations. While the site is located immediately adjacent to the settlement limit, Policy SC1 only allows exceptions for small scale employment uses, and it is considered that the proposed use would not provide the significant employment opportunities necessary to justify such development. Accordingly, in the absence of such justification, and notwithstanding its previous use, it is considered that the proposal would amount to unjustified new development in the countryside, contrary to Policies EC3 and SC1 of the Neath Port Talbot Local Development Plan and guidance in Technical Advice Note 23 (Economic Development).
RECOMMENDATION: Refusal
(1) The site is located outside of the settlement limit, and outside of land allocated or safeguarded for employment use by the Neath Port Talbot Local Development Plan, where such uses should be located in order to steer economic development to the most appropriate and sustainable locations. While the site is located immediately adjacent to the settlement limit, Policy SC1 only allows exceptions for small scale employment uses, and it is considered that the proposed use would not provide the significant employment opportunities set out in Policy EC3 necessary to justify such development and, accordingly, in the absence of such justification, and notwithstanding its previous use, it is considered that the proposal would amount to unjustified new development in the countryside, contrary to Policies EC3 and SC1 of the Neath Port Talbot Local Development Plan and guidance in Technical Advice Note 23 (Economic Development).
Page 58 Agenda Item 6
SECTION A – MATTERS FOR DECISION
Consultation under Section 36 of the Electricity Act
APPLICATION NO: P2016/0950 DATE: 26/10/16 PROPOSAL: Consultation under Section 36 of the Electricity Act 1989 to vary the original S36 consent to provide a battery storage facility LOCATION: Pen Y Cymoedd ,South of the Heads of the Valleys Road (A465) between Neath and Aberdare to the North of Maerdy, Treorchy and Glyncorrwg and to the East of Tonmawr APPLICANT: Pen y Cymoedd Wind Farm Ltd TYPE: Section 36 Electricity Act WARD: Glyncorrwg
SITE AND CONTEXT:
The proposed development relates to the Pen Y Cymoedd wind farm, located on land to the south of the Heads of the Valley Road between Neath and Aberdare which straddles this Authority and the neighbouring Authority of Rhondda Cynon Taff. The proposal relates to works within Neath Port Talbot only.
BACKGROUND:
Pen y Cymoedd Wind Farm was granted consent under Section 36 of the Electricity Act 1989 on May 8th 2012 by the Secretary of State for Energy and Climate Change for a development up to 299 MW capacity comprising of wind turbine generators,anemometry masts, underground cabling, electricity substation, access tracks, borrow pits and ancillary buildings.
Section 36C of the Electricity Act provides a power for the Secretary of State to vary existing consents and as such the Authority is a consultee on an application made to the Secretary of State (for the Department for Business, Energy and Industrial Strategy (DBEIS), formerly known as DECC) for a battery storage facility to be located within the permanent storage compound within the consented development layout which is currently being used as a construction compound during the construction phase of the development and is located within the central area of the wind farm.
Page 59
DESCRIPTION OF DEVELOPMENT:
The proposed battery storage facility would be no greater than 22 MW in capacity and would contain lithium-ion batteries housed in 5 shipping containers together with 2 electrical inverters and 1 transformer. Each container will measure approximately 12.2m length x 2.4m wide x 2.9 m high, painted matt colour. Each container will include an air conditioning unit placed on its roof. A transformer and 2 inverters would be sited adjacent to each container. The facility would be enclosed by a 2.4 metre high fence.
There will be a connection between the wind farm and the battery storage facility and it is proposed that the batteries could either be powered from the wind farm or directly from the grid.
Decommissioning works for this facility are proposed to be undertaken prior to or concurrent to decommissioning works for the wind farm.
PLANNING HISTORY:
P2009/1053 – Proposed wind farm S36 Consent – Approved by DECC 8/5/12
CONSULTATIONS:
Biodiversity Officer – Offers comments
Glamorgan Gwent Archaeological Trust – No objection
Land Contamination Officer – No objection.
POLICY CONTEXT:
The relevant national and local planning policies include the following
National
Planning Policy Wales, Edition 9 (2016) TAN 12 Design TAN18 Transport
Page 60 Local
The Development Plan for the area comprises the Neath Port Talbot Local Development Plan which was adopted in January 2016, and within which the following policies are of relevance:
Strategic Policies:
Policy SP1 Climate Change Policy SP2 Health Policy SP3 Sustainable Communities Policy SP4 Infrastructure Policy SP14 The Countryside and the Undeveloped Coast Policy SP15 Biodiversity and Geodiversity Policy SP16 Environmental Protection Policy SP17 Minerals Policy SP18 Renewable and Low Carbon Energy Policy SP19 Waste Management in New Development Policy SP20 Transport Network
Detailed Policies:
Policy SC1 Settlement limits Policy I1 Infrastructure Requirements Policy EN6 Important Biodiversity and Geodiversity Sites Policy EN7 Important Natural Features Policy M3 Development in Mineral Buffer Zones Policy RE2 Renewable and Low Carbon Energy in New Development Policy TR2 Design and Access of New Development Policy BE1 Design
REPORT
Issues
Having regard to the nature of this consultation and the development in question, the main issues to consider relate to any impacts on ecology; landscape and visual impact; traffic and transport; cultural heritage; land contamination; residential amenity; and noise.
Page 61 Impacts on Ecology
The Authority’s Biodiversity Section has examined the submitted information and concluded that the level of information presented is acceptable and the proposal would not have any significant ecological impact. Accordingly no objection is raised to the proposal to vary the consent as set out in the submission as long as the identified ecological mitigation measures are implemented, which include:
• Works within peat shall be undertaken at set out in the Peat Management Plan to ensure peat is appropriately handled, stored and reinstated. • Construction works shall be undertaken between Sept – December to avoid the bird nesting season (taking account of Crossbill that are early nesters). If construction cannot avoid the bird nesting season a breeding bird survey prior to the commencement of works shall be undertaken and appropriate mitigation applied where necessary (including appropriate exclusion zones and monitoring). • Any excavations shall be closed at night or fitted with escape ramps to allow animals to escape if they fall in. • An Ecological Clerk of Works shall oversee the implementation of ecological and environmental mitigation works. • Appropriate pollution prevention measures shall be applied to ensure local watercourse water quality is not impacted by the works.
It is therefore considered that the proposed development would not have any unacceptable impact in relation to ecology and biodiversity.
Landscape and visual impacts:
A forest stands to the south and east of the construction compound, the substation and control building to the north and a peat receptor area and turbine to the west. Due to the scale and siting of the proposed facility within a permanent storage compound it is considered that the proposal would not alter significantly the nature of the views already experienced as it will form part of works for the wider wind farm landscape.
It is considered that the location of the proposed facility within a permanent storage compound would have a negligible landscape and visual impact.
Page 62 Traffic and Transport:
As potential effects on traffic flows and road safety were not considered to be significant for the consented development, similar conclusions apply for the proposed amended scheme with fewer associated traffic movements. As a consequence it is considered that the proposal will not have an adverse impact on pedestrian or highway safety.
Impacts on Cultural Heritage:
The submitted information has been reviewed by Glamorgan Gwent Archaeological Trust (GGAT) who have confirmed that the area to which this proposal relates was covered by an archaeological watching brief and no archaeological resource was noted during the setting out of the compound. As a consequence they raise no objection to the proposal.
Land Contamination:
The Land Contamination Officer has raised no comments or concerns regarding the application as the proposal is for battery storage to be within containers and as such will not create pathways to contamination and the issue of unexpected contamination is adequately addressed by Condition 41 of the consent.
Impact on Residential Amenity:
With regard to residential amenity it is considered that the proposed development due to the separation distance of 2.2km to the nearest property would have no unacceptable impacts.
Noise Impacts:
The Authority’s Environmental Health Officer (Noise) has examined the submitted documents at the pre consultation stage and agrees with the conclusions presented in the report.
Page 63 CONCLUSION:
The conclusions of the report are that there will be no material impacts relating to highways, noise, ecology, cultural heritage, pollution, residential or visual amenity and as a consequence the Secretary of State be advised that Neath Port Talbot raises no objection to the proposed variation to the Section 36 Consent for a battery storage facility within the existing development site of Pen y Cynoedd Wind Farm.
RECOMMENDATION:
That the Secretary of State is advised that Neath Port Talbot County Borough Council raises no objection to the proposed variation of the existing S36 consent to include provision of a battery storage facility
Page 64 Agenda Item 7
SECTION B – MATTERS FOR INFORMATION
DELEGATED APPLICATIONS DETERMINED BETWEEN 18TH OCTOBER 2016 AND 28TH NOVEMBER 2016
1 App No. P2014/0254 Type LawfulDev.Cert- Exist Proposal Lawful Development Certificate for an existing use of land for the purposes of importation of timber/wood, wood storage and wood chipping. Location Western Logs, Ynys Y Gwas, Cwmavon, Port Talbot SA12 9AB Decision Issue Lawful Dev.Cert. Ward Bryn & Cwmavon
2 App No. P2016/0289 Type Discharge of Cond.
Proposal Details pursuant to the discharge condition 19 (Construction management plan) of Planning Permission P2014/0973 (Approved on the 26/01/2016 for the construction of 37 Dwellings) Location Former Cwmtawe Primary School, Alltycham Drive, Pontardawe SA8 4JT Decision Approval with no Conditions Ward Pontardawe
3 App No. P2016/0338 Type Full Plans Proposal Variation of Condition 16 & 17 (to vary the timing of the implementation of the Traffic Regulation Order by allowing construction traffic to access the site via Parc y Dderwen to construct Plots 1-6 and Plot 37 only, plus construction of new estate road, drainage infrastructure, site office and construction compound) and to vary the timing for implementation of lighting improvements to Alltycham Drive) of Planning Permission P2014/0973 (Approved on the 26/01/2016 for the construction of 37 dwellings) Location Former Coleg Cwmtawe, Alltycham Drive , Pontardawe SA8 4JT Decision Approval with Conditions Ward Pontardawe
Page 65 4 App No. P2016/0357 Type Discharge of Cond.
Proposal Details pursuant to the discharge of Condition 2 (materials) 3 (Finished floor levels) 6 (landscaping) & 23 (Ecological mitigation, management and monitoring plan) of Planning Permission P2014/0973 (Approved on the 26/01/16 for 37 dwellings) (Amended ecology information received 16.06.16) Location Former Cwmtawe Primary School, Alltycham Drive, Pontardawe SA8 4JT Decision Approval with no Conditions Ward Pontardawe
5 App No. P2016/0365 Type Householder Proposal Two Storey rear extension and raised platform Location 1 The Highlands, Neath Abbey, Neath SA10 7NS Decision Approval with Conditions Ward Dyffryn
6 App No. P2016/0495 Type Full Plans Proposal Two storey side extension plus external alterations including creation of shop fronts, and additional and amended fenestration to facilitate conversion of existing public house to 4 separate commercial units (Class A1, A2 & A3). Two residential flats to first floor plus creation of access drive, off street car parking and outdoor seating area. Location Hope And Anchor, New Road, Neath Abbey, Neath SA10 7NG Decision Approval with Conditions Ward Dyffryn
7 App No. P2016/0508 Type Change of Use Proposal Change of Use from use class A3 (public house) to class A1 (retail) plus external alterations including single storey rear extension,widening of vehicular access, yard enclosure and car park area and associated works. Location Lamb And Flag, Main Road, Neath SA10 7TW Decision Approval with Conditions Ward Bryncoch North
Page 66 8 App No. P2016/0516 Type Discharge of Cond.
Proposal Details pursuant to condition 50 & 51 (Re-survey of canal for Otter and Water Vole Activity) of Planning Permission P2013/0064 (Southern Access Road) Location Former Llandarcy Oil Refinery, Llandarcy, Neath Decision Approval with no Conditions Ward Coedffranc West
9 App No. P2016/0526 Type Householder Proposal Retention of raised platform and means of enclosure Location 67 Pen Y Dre, Neath SA11 3HF Decision Approval with Conditions Ward Neath North
10 App No. P2016/0554 Type Householder Proposal Retention and completion of existing two storey side extension, single storey rear extension, side balcony, and detached garage and construction of new detached outbuilding Location Erw Fair, Tirbach Road, Ystalyfera, Swansea SA9 2HX Decision Approval with Conditions Ward Ystalyfera
11 App No. P2016/0555 Type Full Plans Proposal Single-storey front and side extensions, replacement cladding to roof with a 0.4m increase in height, new canopy to existing patio area, replacement fixed patio furniture and 3.2m high height restrictor post. Location Mcdonalds Restaurant, Water Street, Aberavon, Port Talbot SA12 6LL Decision Approval with Conditions Ward Aberavon
12 App No. P2016/0614 Type Outline Proposal Outline application for detached bungalow. Amended plans deleted pedestrian access. Location Land At, 1 Rockchwyth Road, Alltwen, Pontardawe SA8 3BW Decision Refusal Ward Alltwen
Page 67 13 App No. P2016/0622 Type Householder Proposal Removal of existing roof structure and reinstatement to an increased level to provide first floor accommodation, including dormers, side and rear extension plus single storey link to garage building and utility room. Location Bewdley, Dyffryn Road, Dyffryn, Neath SA10 7AZ Decision Approval with Conditions Ward Dyffryn
14 App No. P2016/0651 Type Householder Proposal Two storey side and rear extension with first floor juliet balcony and single storey rear extension. Location 34 Robert Street, Glynneath, Neath SA11 5EG Decision Approval with Conditions Ward Glynneath
15 App No. P2016/0659 Type Householder Proposal Single storey rear extension. Location 45 Neath Road, Tonna, Neath SA11 3DQ Decision Approval with Conditions Ward Tonna
16 App No. P2016/0682 Type Change of Use Proposal Retention of use of a Gymnastic Sports Club gymnasium. Location Unit 20, Milland Road Industrial Estate, Neath SA11 1NJ Decision Approval with Conditions Ward Neath East
17 App No. P2016/0699 Type Discharge of Cond.
Proposal Submission of details relation to condition 3 (Construction Method Statement), 8 (Materials), 12 (Surface Water Drainage), 18 (Retaining Walls) and 23 (Landscaping) of Planning Application P2015/0363 approved on 29th January 2016 Location Rear 84-90, Henfaes Road, Tonna, Neath SA11 3EX Decision Approval with no Conditions Ward Tonna
Page 68 18 App No. P2016/0726 Type Householder Proposal First floor rear extension Location 2 Baxter Terrace, Glyncorrwg, Port Talbot SA13 3DG Decision Approval with Conditions Ward Glyncorrwg
19 App No. P2016/0727 Type Householder Proposal Single storey, first floor and two storey rear extensions incorporating a Juliette balcony, raised rear patio, boundary fence, widening of existing accessway and formation of raised driveway and car parking area with associated retaining works. Location 7 Dinas Baglan Road, Baglan, Port Talbot SA12 8DT Decision Approval with Conditions Ward Baglan
20 App No. P2016/0753 Type Householder Proposal Front extension and alteration of existing car port to provide additional living accommodation. Location 14 March Hywel, Cilfrew, Neath SA10 8NB Decision Approval with Conditions Ward Aberdulais
21 App No. P2016/0759 Type App under TPO Proposal Works to 2 No.Sycamore Trees covered by Woodland Tree Preservation Order T154/W1 comprising of the removal of lower basal growth to a height of 2m from lowest point to allow inspection, plus prune canopy (overhanging fence line towards the applicants dwelling) to a height of 6m back in line of the fence. Location 8 Lloyd Street, Trebanos Pontardawe, Swansea SA8 4DR Decision Approval with Conditions Ward Trebanos
22 App No. P2016/0763 Type Householder Proposal Detached garage Location 5 Llys Yr Afon, Godre'r Graig, Swansea Decision Approval with Conditions Ward Godre'rgraig
Page 69 23 App No. P2016/0770 Type Full Plans Proposal Demolition of existing bungalow and replacement with dormer bungalow. Location Ynyslas Bungalow, Church Crescent, Blaengwrach, Neath SA11 5SL Decision Approval with Conditions Ward Blaengwrach
24 App No. P2016/0775 Type Discharge of Cond.
Proposal Details pursuant to Conditions 3 (External materials) 4 (Contamination) 7 (Drainage) of Planning Permission P2016/0091 (Approved on the 23/03/2016) Location Land Off, Church Lane, Cwmgors, Ammanford SA18 1SU Decision Approval with Conditions Ward Gwaun-Cae-Gurwe
25 App No. P2016/0778 Type Householder Proposal Two storey rear extension, replacement single storey side extension with ridged roof, mono-pitch roof to double garage and ramps in the rear garden Location 5 New Road, Cilfrew, Neath SA10 8LL Decision Approval with Conditions Ward Aberdulais
26 App No. P2016/0782 Type Householder Proposal External alteration to dwelling. Garage door to window, to facilitate conversion of garage to living accommodation. Location 25 Cloda Avenue, Bryncoch, Neath SA10 7FH Decision Approval with Conditions Ward Bryncoch South
27 App No. P2016/0785 Type LawfulDev.Cert- Exist Proposal Restaurant (Class A3) Lawful Development Certificate (Existing) Location The Priory Lakeside Golf Course, Water Street, Margam, Port Talbot SA13 2PA Decision Issue Lawful Dev.Cert. Ward Margam
Page 70 28 App No. P2016/0787 Type Householder Proposal Single storey rear extension and detached outbuilding Location 17 Maes Melyn Street, Taibach, Port Talbot SA13 2LU Decision Approval with Conditions Ward Taibach
29 App No. P2016/0789 Type Non Material Amendment (S96A) Proposal Non-material amendment to the wording of Condition No 16 of P2016/0236 to allow the substitution of amended drawings Location Margam Green Energy Plant, Longlands Lane, Margam, Port Talbot SA13 2SU Decision Approval with no Conditions Ward Margam
30 App No. P2016/0792 Type Householder Proposal Single storey rear extension Location 101 Ffynnon Dawel, Aberdulais, Neath SA10 8EN Decision Approval with Conditions Ward Aberdulais
31 App No. P2016/0795 Type Discharge of Cond.
Proposal Details to be agreed in association with Condition 4 (Post construction highway survey) of P2015/1011 granted on 25/2/16 Location Pantymoch Farm, Lane From Pen Y Cae Road To Pen Y Lan Cottage, Penycae, Port Talbot SA13 2UT Decision Approval with no Conditions Ward Port Talbot
32 App No. P2016/0798 Type Householder Proposal Single storey side extension Location 17 St Josephs Park, Aberavon, Port Talbot SA12 6UX Decision Approval with Conditions Ward Aberavon
Page 71 33 App No. P2016/0803 Type Householder Proposal Single storey side extension Location 15 Fairwood Drive, Baglan, Port Talbot SA12 8NS Decision Approval with Conditions Ward Baglan
34 App No. P2016/0807 Type Outline Proposal One dwelling (Outline with matters reserved) Location The Croft, Tramway Side, Glynneath, Neath SA11 5LP Decision Ward Glynneath
35 App No. P2016/0808 Type Full Plans Proposal Detached split level dwelling and associated works Location Land At, Graig Road, Godregraig, Pontardawe SA9 2NZ Decision Approval with Conditions Ward Godre'rgraig
36 App No. P2016/0811 Type Householder Proposal Single storey side extension to existing garage. Location 3 St Davids Park, Margam, Port Talbot SA13 2PA Decision Approval with Conditions Ward Margam
37 App No. P2016/0812 Type Discharge of Cond.
Proposal Details to be agreed in association with condition 27 (Detailed scheme of works to highway in association with AIL movements) of application P2015/0668 granted on 24/02/16. Location Mynydd Y Gelli (Also Known As Llynfi Afan), Near Abergwynfi, Port Talbot Decision Approval with no Conditions Ward Gwynfi
38 App No. P2016/0813 Type Householder Proposal First floor rear extension to roof with Juliet balcony. Location Fair Winds, 18 Waungron, Glynneath, Neath SA11 5AS Decision Approval with Conditions Ward Glynneath
Page 72 39 App No. P2016/0814 Type Change of Use Proposal Change of Use from Retail (Class A1-Retail) to Tattoo Studio and Barbers (Sui-Generic). Location 7C The Parade, Neath SA11 1RB Decision Approval with Conditions Ward Neath North
40 App No. P2016/0815 Type Householder Proposal Single storey rear extension and steps Location 1 Dolcoed Place, Dolcoed Terrace, Tonna, Neath SA11 3GZ Decision Approval with Conditions Ward Tonna
41 App No. P2016/0819 Type Discharge of Cond.
Proposal Details pursuant to the discharge of condition 2 (cooking odours) and Condition 4 (noise) of planning permission P2015/0991 (approved on the 20th January 2016) for a change of use from retail (Class A1) to (Class A3) hot food and drink and demolition of garage to rear. Location 31 Green Street, Neath SA11 1DF Decision Approval with no Conditions Ward Neath North
42 App No. P2016/0820 Type Discharge of Cond.
Proposal Details pursuant to Condition 2 (Finished floor levels), 3 (external surfaces materials), 4 (surface water drainage details) and 5 (means of enclosure) of Planning Permission P2011/0700 (Approved on 07 November 2011) Location Land Rear Of, 1 Martyns Avenue, Seven Sisters, Neath SA10 9DP Decision Approval with Conditions Ward Seven Sisters
43 App No. P2016/0823 Type Full Plans Proposal Single storey detached storage building. Location Unit 29, Kenfig Industrial Estate, Margam, Port Talbot SA13 2PE Decision Approval with Conditions Ward Margam
Page 73 44 App No. P2016/0824 Type Householder Proposal Replacement garage Location 69 Ffynnon Dawel, Aberdulais, Neath SA10 8EN Decision Approval with Conditions Ward Aberdulais
45 App No. P2016/0825 Type Householder Proposal Retention of single storey side and rear extensions Location 44 Trevallen Avenue, Cimla, Neath SA11 3UR Decision Approval with Conditions Ward Cimla
46 App No. P2016/0831 Type Householder Proposal Single storey side extension and front porch Location 10 Primrose Bank, Bryncoch, Neath SA10 7BX Decision Approval with Conditions Ward Bryncoch North
47 App No. P2016/0832 Type Householder Proposal Two storey and single storey rear extension. Location 21 Heol Heddwch, Longford, Neath SA10 7LF Decision Approval with Conditions Ward Dyffryn
48 App No. P2016/0833 Type Discharge of Cond.
Proposal Details to be agreed in association with conditions 4 (Construction Method Statement); 5 (Archaeological Programme of Work) and 6 (Details of recommended works in accordance with Stage 2 Safety Audit) of application P2015/1128 granted on 25/08/16. Location Port Talbot Parkway Railway Station, Cramic Way , Port Talbot SA13 1RU Decision Approval with no Conditions Ward Port Talbot
49 App No. P2016/0836 Type Householder Proposal Two storey side extension and single storey rear extension. Location 34 Dynevor Avenue, Neath SA10 7AH Decision Approval with Conditions Ward Bryncoch South Page 74
50 App No. P2016/0844 Type Householder Proposal Single storey rear extension Location 49 Addison Road, Sandfields, Port Talbot SA12 6HZ Decision Approval with Conditions Ward Sandfields East
51 App No. P2016/0852 Type Householder Proposal Change of use of land to incorporate into the curtilage of existing dwelling, and conversion and alterations to existing garages to garden store and play room. Single storey outbuilding for granny annexe plus single storey rear extension to dwelling and means of enclosure to vehicular access Location 6 Woodside, Cadoxton, Neath SA10 8BS Decision Approval with Conditions Ward Cadoxton
52 App No. P2016/0854 Type Change of Use Proposal Change of use of former place of worship (Use Class D1) to dwellinghouse (Use Class C3) including demolition of lean- to extension and replacement roof with dormer windows; increase in ridge height of 0.75m and reduction in eaves height; changes to fenestration. Location Former Temple English Baptist Church, Brynhafod, Bryn, Port Talbot SA13 2SL Decision Approval with Conditions Ward Bryn & Cwmavon
53 App No. P2016/0856 Type Advertisement Proposal Retrospective application for 2 internally illuminated and 1 non illuminated fascia signs, 1 internally illuminated projecting sign, 1 illuminated gantry sign and 3 externally installed graphic panels Location Tesco Express Supermarket, Park Avenue, Glynneath, Neath SA11 5EW Decision Advert Approved with Std Cond Ward Glynneath
54 App No. P2016/0857 Type Advertisement Proposal Retention of 3 No. non-illuminated advertisement signs. Location Llandarcy Academy Of Sport, Llandarcy, Neath SA10 6JD Decision Approval with no Conditions Ward Coedffranc West Page 75
55 App No. P2016/0861 Type Householder Proposal First floor rear extension. Location 13 New Street, Glynneath, Neath SA11 5AA Decision Approval with Conditions Ward Glynneath
56 App No. P2016/0862 Type App under TPO Proposal Works to tree (T7 - Lime) covered by Tree Preservation Order (T319) to cut back crown from BT Wires. Location Port Talbot Arts Centre, Theodore Road, Port Talbot SA13 1SP Decision Approval with Conditions Ward Port Talbot
57 App No. P2016/0865 Type Non Material Amendment (S96A) Proposal Non-material amendment to Planning Permission P2010/0869 for a detached dwelling (approved on the 01/10/10) to allow for alterations to rear elevation fenestration, and introduction of velux windows. Removal of French door and Juliet balcony to first floor. Infill of rear canopy area to incorporate into living accommodation. Location Land At Rear Of, 8 & 9 Dulais Road, Seven Sisters, Neath SA10 9EL Decision Approval with no Conditions Ward Seven Sisters
58 App No. P2016/0866 Type Householder Proposal Demolition of existing rear extensions. Two storey rear extension, and single storey rear and side extension. Location 19 Ty'n Yr Heol Road, Bryncoch, Neath SA10 7EA Decision Approval with Conditions Ward Bryncoch North
59 App No. P2016/0870 Type Full Plans Proposal Replacement shopfront. Location 11 Croft Road, Neath SA11 1RW Decision Approval with Conditions Ward Neath North
Page 76 60 App No. P2016/0871 Type LawfulDev.Cert- Prop. Proposal Single storey rear extension - Certificate of Lawful Development Proposed Location 10 Baldwin Street, Bryn, Port Talbot SA13 2SB Decision Issue Lawful Dev.Cert. Ward Bryn & Cwmavon
61 App No. P2016/0872 Type Householder Proposal Single storey rear extension. Location 20 Brynmorgrug, Alltwen Pontardawe, Swansea SA8 3DG Decision Approval with Conditions Ward Alltwen
62 App No. P2016/0873 Type Discharge of Cond. Proposal Details pursuant to the discharge of Conditions 6 (Drainage) 7 (Construction method statement) 8 (Highway construction details) of Planning Permission P2015/0778 (18 Dwellings and 2 No. 1 bed flats) Location Waun Sterw, Pontardawe, Neath SA8 4PG Decision Approval with no Conditions Ward Pontardawe
63 App No. P2016/0874 Type Discharge of Cond. Proposal Details pursuant to the discharge of condition 07 (Habitat Management plan) of planning permission P2016/0255 approved on the 14th September 2016 Location Brombil Farm, Brombil Access Road, Margam, SA13 2SR Decision Approval with no Conditions Ward Margam
64 App No. P2016/0875 Type Discharge of Cond. Proposal Details to be agreed in association with Conditions 13 (Means of Enclosures); 23 (Traffic Regulation Orders) and 25 (Landscaping Scheme) of Planning Permission P2015/0027 granted on 23/10/15. Location Former Bay View Social Club, The Princess Margaret Way, Sandfields, Port Talbot SA12 7LS Decision Approval with no Conditions Ward Sandfields West
Page 77 65 App No. P2016/0876 Type Discharge of Cond.
Proposal Details to be agreed in association with Condition 3 (Surface Water Drainage) of Planning Application P2016/0568 granted on 30/08/16. Location Swn Y Mor Care Centre, Scarlet Avenue, Sandfields, Port Talbot SA12 7PH Decision Approval with no Conditions Ward Sandfields West
66 App No. P2016/0877 Type Householder Proposal First floor side extension including Juliet balcony Location 24 Cae Canol, Baglan, Port Talbot SA12 8LX Decision Approval with Conditions Ward Baglan
67 App No. P2016/0883 Type Screening Opinion
Proposal Request for screening opinion under the Town and Country Planning (Environment Impact Assessment) Regulations (Wales) 2016 Regulation 5 for the erection of two wind turbines (maximum height to tip 145m). Location Land East Of, Mynydd Margam, Margam, Port Talbot SA13 2TN Decision EIA Required Ward Margam
68 App No. P2016/0884 Type LawfulDev.Cert- Prop. Proposal Alteration to main roof from hip to gable end and rear dormer - Certificate of Lawful Development Proposed Location 72 Park Street, Tonna, Neath SA11 3JQ Decision Issue Lawful Dev.Cert. Ward Tonna
69 App No. P2016/0885 Type Advertisement Proposal Internally illuminated fascia sign and an internally illuminated projecting sign. Location 278 Margam Road, Margam, Port Talbot Decision Advert Approved with Std Cond Ward Margam
Page 78 70 App No. P2016/0887 Type Householder Proposal Single storey rear extension Location 14 Dylan Crescent, Sandfields, Port Talbot SA12 6BN Decision Approval with Conditions Ward Sandfields East
71 App No. P2016/0888 Type Householder Proposal Conversion of integral garages to living accommodation including replacement parking Location 34 Gnoll Road, Godre'r Graig, Swansea SA9 2PA Decision Approval with Conditions Ward Godre'rgraig
72 App No. P2016/0893 Type Householder Proposal Single storey front extension Location 7 Wellfield Road, Baglan, Port Talbot SA12 8AB Decision Approval with Conditions Ward Baglan
73 App No. P2016/0894 Type Householder Proposal Conversion of existing garage to living accommodation and a single storey rear extension. Location 32 Cae Glas, Cwmavon, Port Talbot SA12 9AX Decision Approval with Conditions Ward Bryn & Cwmavon
74 App No. P2016/0899 Type Cert.Approp.Alt.Dev Proposal Lawful Development Certificate (Proposed) for a single storey rear extension. Location 12B Station Road, Crynant, Neath SA10 8NW Decision Issue Lawful Dev.Cert. Ward Crynant
75 App No. P2016/0901 Type App under TPO Proposal Crown Reduction of 25% to 3 No. Hornbeam and 1 No. Horse Chestnut. (TPO T9/G1) Location 9 Larkspur Close, Bryncoch, Neath SA10 7ER Decision Approval with Conditions Ward Bryncoch South
Page 79 76 App No. P2016/0903 Type Full Plans Proposal First floor flat roof extension to provide additional communal sitting room plus covered walkway Location Gnoll Nursing Home, 27 Gnoll Park Road, Neath SA11 3BT Decision Approval with Conditions Ward Neath North
77 App No. P2016/0905 Type Advertisement Proposal Reconfiguration of existing advertisement signage layout and insertion of two number new totem signs and insertion of one number new side by side sign. Location Mcdonalds, Old Road, Baglan, Port Talbot SA11 2YW Decision Advert Approved with Std Cond Ward Briton Ferry East
78 App No. P2016/0906 Type Householder Proposal Single storey rear extension, and ridged roof dormer to front. Location 26 Gnoll Avenue, Neath SA11 3AB Decision Approval with Conditions Ward Neath North
79 App No. P2016/0907 Type Prior Notif.Telecoms Proposal Prior Notification for the installation of a telecommunications base station including a 15m high monopole and associated cabinets. Location A4067, Ystalyfera, SA9 2LW Decision Prior Approval Not Required Ward Ystalyfera
80 App No. P2016/0911 Type Householder Proposal Single storey rear extension Location 2 Pitchford Lane, Llandarcy, Neath SA10 6FL Decision Approval with Conditions Ward Coedffranc West
Page 80 81 App No. P2016/0913 Type Advertisement Proposal Replacement illuminated metal fascia sign, and 1 No. Illuminated projecting sign. Location 21 Green Street, Neath SA11 1DH Decision Approval with Conditions Ward Neath North
82 App No. P2016/0917 Type Full Plans Proposal 2 No. Bus Shelters. Location Swansea Bay Campus, Fabian Way, SA1 8EU Decision Approval with Conditions Ward Coedffranc West
83 App No. P2016/0918 Type Householder Proposal Demolition of existing extension and construction of a part two storey and part single storey rear extension, dormer to rear elevation and bay window with canopy over front door. Location 16 Heol Y Felin, Caewern, Neath SA10 7SD Decision Approval with Conditions Ward Bryncoch South
84 App No. P2016/0922 Type Advertisement Proposal 1 No. illuminated Fascia Logo, 1 No. illuminated projecting hanging sign and 1 No. illuminated suspended Logo. Location Cooperative Retail Store, Heol Jiwbili, Cwmavon, Port Talbot SA12 9NR Decision Advert Approved with Std Cond Ward Bryn & Cwmavon
85 App No. P2016/0924 Type Screening Opinion
Proposal Request for screening opinion in accordance with Regulation 5 of the Town and Country Planning (Environmental Impact Assessment) Regulation 2016 for erection of a new school providing nursery, primary and secondary accommodation (total pupil no. 1455) with associated engineering and demolition works. Location Dyffryn Upper Comprehensive School, Bertha Road, Margam, Port Talbot SA13 2AN Decision EIA Not Required Ward Margam
Page 81 86 App No. P2016/0925 Type Screening Opinion Proposal Request for screening opinion in accordance with Regulation 5 of the Town and Country Planning (Environmental Impact Assessment) Regulation 2016 for erection of a new school and sports pitches (650 pupils) car parking and associated works. Location Sandfields Comprehensive School, Southdown View, Sandfields, Port Talbot SA12 7AH Decision EIA Not Required Ward Sandfields West
87 App No. P2016/0927 Type Householder Proposal Single storey rear extension. Location 12 Cronin Avenue, Sandfields, Port Talbot SA12 6BE Decision Approval with Conditions Ward Sandfields East
88 App No. P2016/0931 Type LawfulDev.Cert- Prop. Proposal Lawful Development Certificate (Proposed) for a single storey rear extension Location 9 School Road, Lower Brynamman, Ammanford SA18 1SU Decision Issue Lawful Dev.Cert. Ward Lower Brynamman
89 App No. P2016/0933 Type Advertisement Proposal 4 new internally illuminated fascia signs and 1 new internally illuminated wall-mounted sign, plus 5 re-located internally-illuminated fascia signs. Location Mcdonalds Restaurant, Water Street, Aberavon, Port Talbot SA12 6LL Decision Approval with Conditions Ward Aberavon
90 App No. P2016/0935 Type LawfulDev.Cert- Prop. Proposal Conversion of garage into living accommodation (Certificate of Lawful Development Proposed). Location 2 Pant Y Rhedyn, Coed Hirwaun, Port Talbot SA13 2SZ Decision Issue Lawful Dev.Cert. Ward Margam
Page 82 91 App No. P2016/0941 Type Discharge of Cond. Proposal Submission of details relating to conditions 3, 4 and 5 (Land Contamination and Site Remediation) of Planning Application P2016/0201 approved on 7th June 2016 Location Mcdonalds, Old Road, Baglan, Port Talbot SA11 2YW Decision Approval with no Conditions Ward Briton Ferry East
92 App No. P2016/0942 Type Non Material Amendment (S96A) Proposal Non-material amendment to Planning Permission P2014/1071 (Approved on the 30/03/2015) to delete the terracotta rainscreen cladding proposed above the new entrance lobby. Location Hafan Brynheulog, Ffordd Brynheulog, Pontardawe, Swansea SA8 4JW Decision Approval with no Conditions Ward Pontardawe
93 App No. P2016/0961 Type Prior Notif.Demol. Proposal Prior Notification for the demolition of school admin block. Location Ysgol Gyfun Ystalyfera, Glan Yr Avon, Ystalyfera, Swansea SA9 2JJ Decision Prior Approval Not Required Ward Ystalyfera
94 App No. P2016/0977 Type Non Material Amendment (S96A) Proposal Non-material amendment to application P2016/0201 to amend bin storage area. Location McDonalds Restaurant, Old Road, Baglan, Port Talbot SA11 2YW Decision Approval with no Conditions Ward Baglan
95 App No. P2016/0978 Type LawfulDev.Cert- Prop. Proposal Single storey rear extension (Certificate of Lawful Development (Proposed) Location 22 Wheatley Avenue, Sandfields, Port Talbot SA12 6PL Decision Issue Lawful Dev.Cert. Ward Sandfields East Page 83 96 App No. P2016/0980 Type Non Material Amendment (S96A) Proposal Non-material amendment to Planning Permission P2015/0841 to amend bay window to flush fitted window to front elevation. Replacement of French doors on rear elevation with a window. Location 2 Bryn Eryr, Lane From Cae Rhys Ddu Road To Pant Howell Ddu Road, Eaglesbush Valley, Neath SA11 2AN Decision Approval with no Conditions Ward Neath South
97 App No. P2016/0992 Type LawfulDev.Cert- Prop. Proposal Single storey rear extension (Certificate of Lawful Development (Proposed)). Location 19 Lingfield Avenue, Sandfields, Port Talbot SA12 6NX Decision Issue Lawful Dev.Cert. Ward Sandfields East
98 App No. P2016/0997 Type LawfulDev.Cert- Prop. Proposal Lawful development certificate for a proposed single storey rear extension. Location 16 Church Place, Seven Sisters, Neath SA10 9DB Decision Not to Issue Lawful Dev.Cert. Ward Seven Sisters
99 App No. P2016/1015 Type Non Material Amendment (S96A) Proposal Non-material amendment to Planning Permission P2016/0745 (Extensions and alterations): Alteration to roof design and internal layout. Location Aberavon Independent Hospital, Scarlet Avenue, Sandfields, Port Talbot SA12 7PH Decision Approval with Conditions Ward Sandfields West
Page 84 Agenda Item 8
SECTION B – MATTERS FOR INFORMATION APPEALS DETERMINED a) Enforcement Appeals – Costs Decision
Appeal Ref: A2016/0008 Planning Ref: P2015/0495
PINS Ref: APP/Y6930/A/16/3150026&3150027
Applicant: Mr Ashley Rees & Ms Milena Anna Williams
Alleged Breach: Change of use from a residential dwelling (Class C3) to mixed use of residential dwelling (Class C3) and commercial use for the provision of music lessons (sui Generis)
Site Address: 26 Rowan Tree Close, Bryncoch
Appeal Method: Written Reps
Decision Date: 05/10/16
Decision Code: Costs Application Dismissed
Members will recall that while the above appeals were allowed and the Enforcement Notice quashed and planning permission granted, the planning conditions imposed by the Inspector essentially replicated (with one minor change) those controls which were sought through the Enforcement Notice. The outcome of the appeals will therefore successfully remedy the breach of planning control (provided such conditions are adhered to).
At the same time an application for an award of costs against the Authority was made by the appellants. The decision on that application has since been received, with the appellants unsuccessful in their claim.
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