FULL PLANNING APPLICATION
15, PONTCANNA STREET, PONTCANNA, CARDIFF, CF11 9HQ
PLANNING STATEMENT
APPLICATION FOR THE CHANGE OF USE OF THE GROUND FLOOR LEVEL FROM MIXED CLASS A1 (RETAIL) AND B1 (OFFICE) TO A3 (FOOD & DRINK) AND THE PROVISION OF AN EXTERNAL WALL WITH ASSOCIATED ROOFING FOR THE INFILL OF THE CURRENT COURTYARD
JANUARY 2021
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CONTENTS
Chapter 1 Introduction
Chapter 2 Site and Surroundings
Chapter 3 Development Proposals
Chapter 4 Planning Policy Context
Chapter 5 Material Considerations
Chapter 6 Summary and Conclusions
APPENDICES
Appendix A Planning Policies
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1.0 INTRODUCTION
1.1 This Planning Statement has been prepared on behalf of the applicant, TFSLET Ltd, in support of a full planning application in relation to the following development proposal at 15 Pontcanna Street, Pontcanna, Cardiff, CF11 9HQ:
‘Change of use of the ground floor level from mixed class A1 (Retail) and B1 (Office) to A3 (Food and Drink) and the provision of an external wall with associated roofing for the infill of the current courtyard.’
Information Submitted in Support of the Application
1.2 The following information has been prepared in support of the planning application:
Document Reference Application Forms GJP Planning Site Location Plan Connections Design Proposed Floor Plans Connections Design Planning Statement GJP Planning Statement
Purpose and Structure of this Statement
1.3 This Planning Statement outlines the context within which the application is made, and provides a detailed examination of the main planning considerations relevant to the proposals, together with reasoned justification in support of the proposed development. The statement is structured as follows:
• Section 2 provides a description of the characteristics of the site and surrounding area, and details regarding the planning history associated with the site; • Section 3 provides details of the development proposals and Design Objectives; • Section 4 outlines the relevant planning policy framework in relation to the site and the development; • Section 5 analyses the key planning considerations arising from the proposed development (in light of the planning policy context); • Section 6 sets out our conclusions.
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2.0 SITE AND SURROUNDINGS
The Site
2.1 The application site occupies three floors, including a basement, at 15 Pontcanna Street located within the area of Pontcanna. The ground floor premises is used for commercial/retail (A1) and office space (B1). An annotated site aerial illustrating the extent of the site is provided below:
Annotated Site Aerial
2.2 The access point to the site is from Pontcanna Street where the unit is located. Pontcanna Street can be accessed via Cathedral Road and Kings Road.
2.3 The immediate surroundings are characteristically food and drink uses (A3) with the occasional retail use. The site is also situated within a residential area, including existing residential flats situated on the upper floors of the site. A3 uses along Pontcanna Street include Al Ponte Deli, Kemis at Pontcanna and Thomas by Tom Simmons.
2.4 On-street parking is provided outside the site along Pontcanna Street.
2.5 The site is considered to be in a sustainable location within proximity to a number of key services and facilities including:
• Two Co-Op Food stores; • Robin Hood pub; • Heaneys; • The Romilly pub; • Llandaff Fields; • Pontcanna Fields; and
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• The Cricketers.
2.6 The site is also within proximity to a number of bus stops with provide sustainable travel via public transport to Cardiff, Talbot Green, Whitchurch and Tonypandy.
Street View of 15 Pontcanna Street
Planning History
2.7 The site has been subject to one historic planning application. An overview of the planning history (available on the Council’s on-line search facility) associated with the site, in chronological order, is provided below:
Application Site Location Proposal Decision Decision Reference Date The Site 20/02505/MNR 15 Pontcanna Street, Amendment to allow for demolition of 15 Dec Approved Pontcanna, Cardiff, CF11 unsafe rear chimney stack to annexe – 2020 9HQ previously approved under 19/02568/MNR 20/02499/MNR 15 Pontcanna Street, Discharge of Condition 5 (Window 17 Dec Approved Pontcanna, Cardiff, CF11 Details) of 19/02568/MNR 2020 9HQ 19/02568/MNR 15 Pontcanna Street, Change of use of ground to mixed class 20 Dec Approved Pontcanna, Cardiff, CF11 A1 Retail and B1 Office uses and the 2019 for A1 9HQ creation of 2 self-contained one bedroom (Retail) flats to the first floor. Demolition of rear and B1 garage / store and erection of (Office) replacement building. Two storey and uses rear dormer extensions. Surrounding the Site 15/01198/MNR Fish At 85, 85 Pontcanna Retrospective change of use from class 09 Feb Approved Street, Pontcanna, A1 retail to A Use comprising Class A1 2017 Cardiff, CF11, 9HS Retail / Class A3 Restaurant with associated extraction and ventilation equipment
2.8 The site itself has been subject to a number of applications, including the change of use to a mixed A1 use and B1 Use.
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2.9 Of relevance to the proposed development, there is an application of relevance to this proposal, for the change of use to A3. Further details are provided below relating to this application and the previous application at the site.
Planning application 19/02568/MNR – 15 Pontcanna Street, Pontcanna, Cardiff, CF11 9HQ
2.10 An application was approved at the application site for the change of use of the ground floor to a mixed class comprising A1 retail and B1 office uses and the creation of 2 self-contained one bedroom flats to the first floor. The application was approved on the 20th December 2019.
2.11 The proposed floor plans of the application are provided below:
19/02568/MNR – Proposed Floor Plans
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2.12 The existing shop front of 15 Pontcanna Street was to be altered from a centrally recessed entrance to a recessed side entrance with separate doors to the commercial use and residential accommodation.
2.13 In terms of the Officer’s Report to the application, it was outlined that the subdivision of the residential properties was supported by Policy H5 of the LDP.
2.14 In relation to the impact upon residential amenity, it was considered that the proposal would have no negative impact.
2.15 The design of the proposal was also considered to be acceptable in terms of the scale of the two storey and single storey extensions and their relationship with the existing building and that of neighbouring properties. The revised alterations to the shop front was also considered to be visually acceptable.
2.16 In terms of transportation, the Managing Transportation Impacts SPG identified a minimum requirement of no parking spaces and cycle parking at a ratio of 1 space per bedroom. The proposal was considered to be car parking policy compliant with no off street parking spaces.
Planning application 15/01198/MNR – Fish At 85, 85 Pontcanna Street, Pontcanna, Cardiff, CF11 9HS
2.17 An application was approved by Cardiff City Council on 9th February 2017 for the change of use from class A1 (Retail) to a Use comprising Class A1 Retail/Class A3. The application was approved at Committee.
2.18 The Committee’s Report outlined that the key issues relating to the application was Land Use, impact upon the adjoining neighbours, deliveries and waste. These are discussed in detail below:
Land Use
2.19 In terms the proposed A3 Use, it was outlined that more emphasis would be placed on closing times, and the type of premises.
2.20 However, it was considered that the use of the premises as a restaurant A3 use was acceptable, given that there are other restaurants within the Local Centre and given the mix of uses within the Local Centre, it would not undermine the shopping role.
Impact Upon the Adjoining Neighbours
2.21 However, it was considered that the use of the premises as a restaurant A3 use was acceptable, given that there are other restaurants within the Local Centre and given the mix of uses within the Local Centre, it would not undermine the shopping role.
Transportation
2.22 Concerns were raised by objectors that the operation of the premises would result in excess parking for delivery vehicles or that they would deliver at unsociable hours. The Committee outlined that the site is located within a Local Centre, where there is a reasonable expectation of commercial traffic, delivering to the commercial premises.
2.23 The floor plans for the application are provided below:
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15/01198/MNR – Floor Plans
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3.0 THE DEVELOPMENT PROPOSALS
3.1 The proposal seeks to provide for the change of use from mixed use comprising A1 (Retail) and B1 (Office) to A3 (Food and Drink) to accommodate a restaurant.
‘Change of use of the ground floor level from mixed class A1 (Retail) and B1 (Office) to A3 (Food & Drink) and the provision of an external wall with associated roofing for the infill of the current courtyard.’
3.2 The proposed development comprises internal alterations to the ground floor and basement of the property to cater for the proposed use which will comprise:
• Re-organisation to cater kitchen area, seating area, shopfront bakery / Deli; • The infill (through provision of an external wall and associated roofing) of the current courtyard to allow an expansion of the kitchen to cater for the occupier’s requirements; • The use of the seating area as the restaurant facility throughout the day and evening; • Allowance for the seating area to be partly utilised for teaching i.e. as a training facility on certain evenings during the week.
3.3 In addition to the above, the works will see the relocation of the previously approved siting for bikes and appropriately scaled refuse storage for the unit, and the proposed apartments on the first floor (which do not form part of this proposal).
3.4 The change of use will allow the applicant, TFSLET Ltd, to occupy the ground floor in the form of a restaurant and shopfront bakery / Deli. The unit would also see the unit used as a training facility for afternoon or evening bakery or other culinary classes. As previously outlined, the applicant owns another A3 unit within proximity to the application site, and this proposal would see a variant in offer to the existing business in the neighbourhood. The use and ‘type’ of use at this location is looking to establish a unique take by the proprietor and would look to extend the offer in the locality of an Artisan Baker / Deli with restaurant.
3.5 Illustrations of the proposed floor plans are provided below:
Proposed First Floor Plan
Proposed Ground Floor Plan
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Proposed Basement Flood Plan
3.6 In terms of parking, the site will make use of the existing on-street parking available on Pontcanna Street which currently serves the unit.
3.7 Illustrations of the proposed elevations comprising the installation of an external wall and associated roofing to allow the infill of the current courtyard are provided below:
Proposed Rear Elevation Proposed Side Elevation Facing South
Proposed Side Elevation Facing North
3.8 The proposed infilling of the current courtyard will increase the ground floor floorspace of the building from 77m² to 103m².
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4.0 PLANNING POLICY CONTEXT
4.1 A review of the planning policy context associated with the site and proposed development (at the national and local level) is provided within this section of the Statement.
4.2 The key planning policies of relevance to the determination of the application are outlined. A detailed assessment of the accordance of the proposed development with these policies is provided in Section 5 (Material Considerations) of this Statement.
National Planning Policy
Planning Policy Wales (10th Edition, December 2018)
4.3 Planning Policy Wales (PPW) forms the overarching national planning policy document within Wales, providing guidance to Local Planning Authorities (LPAs) for the preparation of development plans and the determination of planning applications through their development management functions.
Key Planning Principles
4.4 Paragraph 2.13 states that “The plan-led system underpins the delivery of sustainable places. To ensure all development plans and decisions taken by the planning system work together to deliver sustainable places. The 5 Key Principles (see Figure 3) represent a guiding vision for all development plans, including the NDF”. The key principles are as follows:
• Growing our economy in a sustainable manner; • Making best use of resources; • Facilitating accessible and healthy environments; • Creating and sustaining communities; • Maximising environmental protection and limiting environmental impact.
4.5 Paragraph 2.17 states “In responding to the key principles for the planning system, the creation of sustainable places and in recognition of the need to contribute to the well-being of future generations in Wales through placemaking, development plans and development proposals must seek to deliver development that address the national sustainable placemaking outcomes”.
Sustainability
4.6 Sustainable development forms a key consideration central to all policies contained within PPW10. Paragraph 2.1 states: “The primary objective of PPW is to ensure that the planning system contributes towards the delivery of sustainable development and improves the social, economic, environmental and cultural well-being of Wales, as required by the Planning (Wales) Act 2015, the Well-being of Future Generations (Wales) Act 2015 and other key legislation”.
4.7 Paragraph 2.17 of PPW10 sets out that “The relationship between development proposals, planning policy topics and the well-being goals is complex. At a strategic level traditional planning policy topics are clustered around four distinctive themes.”
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4.8 Paragraph 2.24 sets out how to assess the sustainable benefits of development:
“Planning authorities should ensure that economic, social, cultural and environmental benefits are given equal consideration in the decision - making process, by following the five Ways of Working, to ensure a balanced assessment is carried out and to implement the Well - being of Future Generations Act and the Sustainable Development Principle. There may be occasions when one type of benefit it of a development proposal or site allocation outweighs others, and in such cases robust evidence should be presented to support these decisions, whilst seeking to maximise contribution against the well - being goals.”
4.9 Moreover, in respect of the Re-Use of Previously Developed Land Paragraph 3.51 states: “Previously developed land in settlements should generally be considered suitable for development because their re-use will promote sustainability principles.”
Good Design
4.10 Paragraph 3.3 of PPW10 sets out that “Good design is fundamental to creating sustainable places where people want to live, work and socialise and enjoy. Design is not just about the architecture of a building but the relationship between all elements of the natural and built environment. To achieve sustainable development, design must go beyond aesthetics and include the social, environmental, cultural and economic aspects of the development, including its construction, operation and management, and the relationship with its surroundings.”
4.11 PPW also highlights that:
“Good design is inclusive design. Development proposals should place people at the heart of the design process, acknowledge diversity and difference, offer choice where a single design solution cannot accommodate all users, provide for flexibility in use and provide buildings and environments that are convenient and enjoyable to use for everyone”.
4.12 Figure 7 within PPW illustrates the key objectives of good design:
Active and Social Places
4.13 Paragraph 4.3.3 of PPW states the following in respect of retail and commercial development:
“The Welsh Government identifies a number of overarching objectives for retail and commercial centres, which planning authorities should aim to deliver through their development plan and development management decisions ensuring their maximum contribution to the well-being goals. The planning system must:
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• Promote viable urban and rural retail and commercial centres as the most sustainable locations to live, work, shop, socialise and conduct business; • Sustain and enhance retail and commercial centres’ vibrancy, viability and attractiveness; and • Improve access to, and within, retail and commercial centres by all modes of transport, prioritising walking, cycling and public transport.”
4.14 Paragraph 4.3.45 advises “The important role that retail and commercial centres have in creating diverse and vibrant cultural and creative places and the wider benefits these bring in stimulating wider regeneration should be recognised by planning authorities.”
Economic Development
4.15 Paragraph 5.4.4 of PPW states that ‘Wherever possible, planning authorities should encourage and support developments which generate economic prosperity and regeneration. Sites identified for employment use in a development plan should be protected from inappropriate development’.
4.16 Paragraph 5.4.14 outlines that ‘Planning authorities should aim to:
• co-ordinate development with all forms of infrastructure provision such as transport and utilities; • support national, regional, and local economic policies and strategies; • align jobs and services with housing and sustainable transport infrastructure, to reduce the need for travel, and dependency on travel by car; • promote the re-use of previously developed, vacant and underused land…’
Technical Advice Notes
4.17 Technical Advice Notes (TANs) supplement the policy principles of PPW and add further detail on issues which might affect development potential of the site. TANs which are considered relevant to the proposal and should therefore be given weight are:
TAN Title TAN 4 Retail and Commercial Development (2016) TAN 12 Design (2016) TAN 23 Economic Development (2014) TAN 24 The Historic Environment (2017)
Technical Advice Note (TAN) 4 – Retail and Commercial Development (November 2016)
4.18 This TAN provides further guidance on how proposals can support the important roles that retail and commercial centres play for shopping, leisure and tourism, local services and business/employment opportunities.
4.19 The TAN outlines that higher order retail and commercial centres need to be accessible to a large number of people, and the scale and diverse range of uses present will reflect the needs of a population that is normally greater than the local community. Lower order centres are characterised by smaller provision and fewer uses with the intention of primarily serving the needs of a local community.
Technical Advice Note (TAN) 12 – Design (March 2016)
4.20 Further detailed guidance on the objectives of good design is provided within TAN 12. The objectives of good design are set out within the following categories:
Access
• Ensuring ease of access of all.
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Movement
• Promoting sustainable means of travel.
Sustaining or Enhancing Local Character
• Promoting legible development; • Promoting a successful relationship between public and private space; • Promoting quality, choice and variety; • Promoting innovative design.
Community Safety
• Ensuring attractive, safe public spaces; • Security through natural surveillance.
Environmental Sustainability
• Achieving efficient use and protection of natural resources; • Enhancing biodiversity; • Designing for change.
Technical Advice Note 23: Economic Development (February 2014)
4.21 TAN23 highlights the benefits associated with economic development, noting that ‘The economic benefits associated with development may be geographically spread out far beyond the area where the development is located. As a consequence, it is essential that the planning system recognises, and gives due weight to, the economic benefits associated with new development’.
4.22 The Note goes on to state that ‘PPW advises that planning for economic land uses should aim to provide the land that the market requires, unless there are good reasons to the contrary. Where markets work well, this will help maximise economic efficiency and growth’.
4.23 Further to this point, TAN23 states that ‘Local planning authorities should recognise market signals and have regard to the need to guide economic development to the most appropriate locations, rather than prevent or discourage such development’.
Technical Advice Note 24: The Historic Environment (May 2017)
4.24 This TAN provides guidance on how the planning system considered the historic environment during development plan preparation and decision making on planning and listed building applications. The TAN outlines that the Conservation Principles for the Sustainable Management of the Historic Environment in Wales (Conservation Principles) were published in 2011 and provide the basis upon which Cadw discharges certain statutory duties on behalf of the Welsh Ministers.
4.25 Conservation Principles should be used to assess the potential impacts of a development proposal on the significance of any historic asset and to assist decision making where the historic environment is affected by the planning process.
Summary of National Planning Policy
4.26 The change of use is situated in a sustainable location in Pontcanna. The proposal meets the requirements of national planning policy in terms of design and sustainable development and the site can be adequately accessed and serviced. As a result, it is considered that the proposal fully complies with the provisions of national planning policy and should be regarded as an acceptable form of development.
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Local Planning Policy
4.27 The current (adopted) Development Plan for Cardiff consists of the Cardiff Local Development Plan 2006-2026 (adopted 28th January 2016).
LDP Proposals Map Extract (site circled approximately in red)
Cardiff Local Development Plan Proposals Map Key Description Key Description Local Centre (R5) Strategic Bus Corridor Enhancement
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LDP Constraints Map Extract (site circled approximately in red)
Cardiff Local Development Plan Constraints Map Key Description Key Description Conservation Area Historic Park and Garden
4.28 As shown in the LDP Proposals and Constraints Map extracts above, the proposed site is:
• Within the settlement boundary of Cardiff; • Within proximity to the Cathedral Road Local Centre – R5.3; • Situated within proximity to a Strategic Bus Corridor Enhancement; and • Within the Cathedral Road Conservation Area.
4.29 In view of the above, it is considered that the policies of key relevance to this application are as follows:
• KP5: Good Quality and Sustainable Design – To help support the development of Cardiff as a world-class European Capital City, all new development will be required to be of a high quality, sustainable design and make a positive contribution to the creation of distinctive communities, places and spaces by adhering to a number of criteria; • KP17: Built Heritage – Cardiff’s distinctive heritage assets will be protected, managed and enhanced, in particular the character and setting of its Schedule Ancient Monuments; Listed Buildings; Registered Historic Landscapes, Parks and Gardens; Conservation Areas; Locally Listed Buildings and other features of local interest that positively contribute to the distinctiveness of the city. • EN9: Conservation of the Historic Environment – Development relating to any of the heritage assets listed below will only be permitted where it can be demonstrated
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that it preserves or enhances that asset’s architectural quality, historic and cultural significance, character, integrity and/or setting. i. Scheduled Ancient Monuments; ii. Listed Buildings and their cultural structures; iii. Conservation Areas; iv. Archaeologically Sensitive Areas; v. Registered Historic Landscapes, Parks and Gardens; or vi. Locally Listed Buildings of Merit and other historic features of interest that positively contribute to the distinctiveness of the city • R6: Retail Development (Out of Centre) – Retail proposals will only be permitted outside the Central Shopping Area, District and Local Centres identified on the Proposals Map If: i. There is a need for the proposed floorspace (with precedence accorded to establishing quantitative need); ii. That need cannot satisfactorily be accommodated within or adjacent to the Central Shopping Area, within a District or Local Centre; iii. The proposal would not cause unacceptable harm to the vitality, attractiveness or viability of the Central Shopping Area, a District or Local Centre or a proposal or strategy including the Community Strategy, for the protection or enhancement of these centres; iv. The site is accessible by a choice of means of transport; and v. The proposal is not on land allocated for other uses. This especially applies to land designated for employment and housing, where retail development can be shown to limit the range and quality of sites for such use. • R8: Food and Drink Uses – Food and Drink Uses are most appropriately located in: i. The City Centre (Central Business Area) ii. The inner harbour/waterfront area of Cardiff Bay (Bay Business Area) iii. District and Local Centres • W2: Provision for Waste Management Facilities in Development - Where appropriate, provision will be sought in all new development for facilities for the storage, recycling and other management of waste.
4.30 The relevant planning policies from the LDP are reproduced in full in Appendix A of this Statement.
Supplementary Planning Guidance
4.31 The following Supplementary Planning Guidance (SPG) have also been taken into consideration:
• Food, Drink and Leisure Uses (November 2017); • Shopfront Design and Signage (June 2019); • Waste Collection and Storage Facilities (October 2016); and • Managing Transportation Impacts (Incorporating Parking Standards) (July 2018).
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5.0 MATERIAL CONSIDERATIONS
5.1 The key planning considerations arising from the proposed development, in light of the nature and form of the proposed development and the planning policy context is
• Previous Application (ref: 19/02568/MNR); • The Principle of the Proposed Development, compromising: o The Nature of Proposed Use; o The Location, Character and Prominence of Proposed use; and o The Impact of The Proposed Use Upon the Amenity of Adjacent or Nearby Residents. • Proposed Rear Extension; • Other Material Considerations.
Previous Application (ref: 19/02568/MNR)
5.2 As forementioned, a previous application as submitted at the site for the change of use of the ground floor unit to a mixed class use of A1 (Retail) and B1 (Office) and was subsequently approved on the 20th December 2019 (planning ref: 19/02568/MNR).
5.3 Prior to the application for the change of use, the ground floor unit was A1 (Retail) use which outlines that the unit has always been in the form of a retail use. The ground floor unit was previously occupied by 68sqm of A1 (Retail) and as part of the proposed development, the application sought to increase A1 (Retail) floorspace by 12sqm and B1 (Office) by 27sqm. As such, the proposal resulted in the increase of retail floorspace in the local area.
5.4 Furthermore, it is considered that the re-development of the ground floor unit for A3 use is agreeable as per the above approval. The application will retain the retail use of the unit within the locality whilst also increasing the amount of retail floorspace within the unit through the proposed rear extension. Therefore, it is considered that, based on the previous application, this proposal is acceptable in principle.
The Principle of the Proposed Development
5.5 Both Planning Policy Wales and the Cardiff Local Development Plan offer strong support for development proposals such as this, not least as it will maximise the use of previously developed sites and locates appropriate development in sustainable locations.
5.6 It is considered that the proposed A3 use is acceptable within its location, subject to considerations such as the impact of the proposed use upon the amenity of adjacent or nearby residents, and the nature of the proposed used within proximity to a Local Centre. These, and other, considerations are outlined and assessed below:
The Nature of Proposed Use
5.7 As forementioned, the application is for the change of use from a mixed use of A1 (Retail) and B1 (Office) to A3 (Food & Drink) in order for the unit to be utilised and ‘run’ in the following fashion:
• Provision of a Restaurant facility with shopfront Bakery / Deli; and • Proposed offering of daytime and/or evening training sessions associated with the bakery or other culinary classes.
Policy Response
5.8 As shown in the LDP Proposals Map, the site sits outside any Local Centre, albeit adjacent to the Cathedral Road Local Centre north of the site. Whilst the site is outside of a Local Centre,
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it is located adjacent to many retail uses along Pontcanna Street which are all also situated outside a Local Centre.
5.9 Policy R6 ‘Retail Development (Out of Centre)’ assesses proposals which are located outside centres identified on the Proposals Map. The policy outlines that retail development will only be permitted outside the Central Shopping Area (CSA), District and Local Centres if:
i. ‘There is a need for the proposed floorspace (with precedence accorded to establishing quantitative need); ii. That need cannot satisfactorily be accommodated within or adjacent to the Central Shopping Area, within a District or Local Centre; iii. The proposal would not cause unacceptable harm to the vitality, attractiveness or viability of the Central Shopping Area, a District or Local centre or a proposal or strategy including the Community Strategy, for the protection or enhancement of these centres; iv. The site is accessible by a choice of means of transport; and v. The proposal is not on land allocated for other uses. This especially applies to land designated for employment and housing, where retail development can be shown to limit the range and quality of sites for such use.’
5.10 Criterion i outlines that there needs to be a need for the proposed floorspace outside of a Local Centre. As outlined above, the site is located within proximity to a number of retail uses, including A3 uses outside of the Local Centre, albeit there are limited restaurant / bakeries within the local area. As such, it is considered that the proposal is unique in its nature, as there are no other uses of similarity in the immediate area, and therefore the proposal can fill this gap.
5.11 Criterion ii of the above policy outlines that the need of the proposal cannot be accommodated within or adjacent to any retail centre. As previously noted, the site is located within proximity to the Cathedral Road Local Centre, situated north of the site and on Pontcanna Street. Therefore, the proposal complies within this criterion as it is sited within proximity to a Local Centre and that the need for the proposal can be accommodated adjacent to the Cathedral Road centre.
5.12 In terms of its impact on the adjacent local centre, it is considered that the proposal would not cause unacceptable harm to the vitality, attractiveness or viability of the local centre. Within the Cathedral Road Local Centre, whilst it is noted that there are offers of similar nature in the vicinity, each and every proprietor provides a unique and bespoke offer, and therefore the addition of a further proprietor with unique take on Artisan baking is considered not to result in competing with a number of similar uses within the local centre. Due to its proximity to the adjacent centre, the proposal will also not cause unacceptable harm to the vitality and viability of the local centre, as many visitors to the A3 use will also visit other retail uses within the area. As such, the site will not undermine the important role that the local centre has within the Retail Hierarchy. Furthermore, it is considered that the proposal is acceptable in terms of its impact upon the adjacent local centre and that it will help to improve the important role of the local centre rather than undermine it.
5.13 The proposed development will also result in the creation of jobs in the local area, thus, representing an excellent economic opportunity to improve the vitality and viability of the locality.
5.14 As outlined above, the site is located within proximity to two bus stops located on Cathedral Road which provide bus services to a number of locations including Cardiff, Whitchurch and Talbot Green. Therefore, the site is accessible by a choice of means of transport and complies with criterion iv of policy R6.
5.15 Finally, the Proposals Map identified that the site does not have a proposed land use, and therefore, the proposed development complies with criterion v of the above policy. The site is
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also currently underutilised so the proposal will result in the unit being brought back into use and thus, improving the vitality of the local area.
5.16 Furthermore, the nature of the proposed use will preserve the primary shopping function of the Local Centre.
5.17 Policy R8 ‘Food and Drink Uses’ outlines that food and drink uses are most appropriately located in: i. ‘The City Centre (Central Business Area) ii. The inner harbour/waterfront area of Cardiff Bay (Bay Business Area) iii. District and Local Centres.’
5.18 For proposals outside of these locations, the policy outlines that: ‘food and drink uses are unlikely to be acceptable within or adjacent to residential areas, where they would cause nuisance and loss of amenity, or result in the loss of a residential property.’
5.19 As forementioned, whilst the site is located outside of a local centre, it is within proximity to a number of other retail uses including A3 which are also sited outside of any centre. The nature of the proposal will also not cause unacceptable nuisance to adjacent neighbouring properties. It is considered that the proposal will be acceptable in terms of noise, and that as the proposal is to change the use of an existing (albeit unoccupied) retail unit, it will not result in the loss of amenity in the local area. Finally, the proposal seeks to retain the previously approved residential flats located on the first floor of the property, and as such, will not result in the loss of a residential property. Therefore, it is considered that the proposal is acceptable in principle in complying with policy R8 ‘Food and Drink Uses.’
The Location, Character and Prominence of Proposed Use
5.20 As illustrated in the proposals map of the LDP, the site lies within the Cathedral Road Conservation Area.
5.21 Policy KP17 ‘Built Heritage’ of the LDP states that Conservation Areas are classed as one of Cardiff’s distinctive heritage assets. The policy affords appropriate protection to Conservation Areas.
5.22 The Appraisal for the Cathedral Road Conservation Area states that the area of Pontcanna Street’s lively mixed-use character should be maintained. As such, this proposal complies with that recommendation outlined in the appraisal through creating additional A3 space within the area.
5.23 Proposals within Conservation Areas will be expected to preserve or enhance the character and appearance of the area for which it is situated in as per Policy EN9 ‘Conservation of the Historic Environment’. With regards to this proposal, as stated before, the proposed development only seeks to change the use of the site and will not result in any external changes of the building itself. Therefore, it will not result in the harmful impact of the Conservation Area and will seek to preserve the appearance and character of the Cathedral Road Conservation Area.
5.24 The site is also within a sustainable location where there are a range of services and facilities in the Pontcanna area. As highlighted in the Proposals Map, the site is situated within proximity to a Strategic Bus Corridor Enhancement along Cathedral Road. There are a number of bus services provided on Cathedral Road which enables the site to be accessed via public transport.
The Impact of The Proposed Use Upon the Amenity of Adjacent or Nearby Residents
5.25 It is considered that the proposed use of the site will not prejudice the amenity of residential occupants. As the proposal is for the change of use of the existing retail unit, it will not result in the impact of residential amenity of neighbouring residents. This is especially the case as the
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proposed kitchen facilities would not require any extractor kit. As such, odours and noise exacerbated form such kit won’t apply in this instance as they are not proposed for installation.
5.26 Given the relative scale of the unit it is considered that the proposed development would not, in relative terms, attract a significant number of customers which could present a greater potential for harmful impact in relation to matters such as amenity, crime and disorder. Furthermore, the proposed hours of operation would result minimal opportunity for disturbance.
Refuse / Cycle Storage
5.27 The food waste bin will be located within the kitchen area on the ground floor (as shown in the plans) and collection will take place weekly at the front of the property.
Hours of Operation
5.28 In terms of the hours of operation, the unit will not formally be opening to the public until 8am, however preparatory works will take place in the unit prior to this given the part-bakery function.
5.29 In terms of the closing time, 11pm is considered an acceptable hour of closure as this would allow patrons of the restaurant and / or evening teaching class to leave at not too late an hour. Moreover, this would not affect the residential amenity to the proposed neighbouring residents nor the potential flat occupiers (once the works are commenced for this first-floor change of use).
Summary
5.30 The proposed use will increase the A3 floorspace within Pontcanna and will not undermine the vitality and viability of the adjacent Cathedral Road Local Centre. The change of use will not substantially harm the predominance of retail uses within the area. The principle of development is therefore considered to be acceptable by complying with policies KP5, KP17, EN9, R6, R8 and W2.
Proposed Rear Extension
5.31 As forementioned, as part of the proposed development, the proposal seeks to extend the rear of the existing property to allow an indoor seating area for guests visiting the restaurant/ bakery. The Residential Extensions and Alterations SPG sets out the principles of good design relating to proposals for extensions and alterations of properties, and therefore, is considered to be a key material consideration within the context of this proposal.
Conservation Area
5.32 Firstly, and most importantly, it is required that extensions / alterations to buildings within Conservation Areas must either preserve or enhance the character of appearance of the area. It is considered that the proposed extension will relate well to the surrounding character and context of the surrounding area and will be subservient to the existing building. The extension will incorporate a small area to the rear of the property to allow indoor seating space, and as such, it will be sympathetic to its context in terms of the scale and positioning of the new extension. The new rear extension will also incorporate a matching materials palette to the existing building to ensure that it responds to the detailing and materials of the host property.
5.33 Therefore, it is considered that the proposed extension will preserve the appearance and character of the Conservation Area and will respond well to the context of the site and to its wider surroundings.
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Design Principles
5.34 Further to the points made above, the SPG sets out guidance on the design principles for rear extensions. It is required that extensions must be:
• ‘Be subordinate to the original dwelling; • Avoid blocking natural light and outlook to habitable rooms in neighbouring properties; • Avoid reducing garden space to an unreasonable small size; and • Consider the impact on trees within or adjacent to the site.’
5.35 As forementioned, the scale and sitting of the proposed extension will be subservient to the existing building towards the rear of the property and will only be modest in size, by virtue of an ‘infill’ proposal, to ensure that the proposal is appropriate to the host property. This in turn, will ensure that the extension does not have detrimental impact upon the appearance and character of the host building within the Conservation Area.
5.36 The extension will be appropriate in size, position and scale to ensure that it will not cause harmful impact upon the residential amenity of neighbouring properties. As the extension is ground floor only, it will not block natural light and outlook to habitable rooms in neighbouring properties.
5.37 The extension will result in the loss of the outdoor courtyard area, which is currently used mainly for bins and bikes, in order to create an infill courtyard area to the rear of the building. As such, the proposal will not result in the loss of garden/amenity space for occupants of the upper floor residential flats. Further to this, the Officer’s Report for the previous application (ref:19/02568/MNR) outlined that ground floor amenity space for upper floor residents are in most instances difficult to access. It is considered that it is not always viable or desirable for residents to access such amenity space and therefore, the loss of the rear garden will not cause result in the loss of amenity space for the upper floor residents.
5.38 Furthermore, the proposed extension will not result in either the overbearing or overshadowing of neighbouring properties and it represents an acceptable extension due to the proposed position, siting, scale, detailing and design. Therefore, the development complies with the requirements set out within the Residential Extensions and Alterations SPG.
Other Material Considerations
Crime
5.39 The proposed development is for a new restaurant and shopfront bakery to occupy the unit, and as such, the proposed use will unlikely give rise to any problems that are more associated with other types of uses.
Archaeology and Heritage
5.40 The site does not contain any historic records or features nor is it located within close proximity to any of important significance.
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Flood Risk
Extract of NRW Development Advice Map
5.41 As shown in the above extract, the site falls within Zone C1 and therefore it is served by significant infrastructure, including flood defences, and is not at risk of flooding.
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6.0 SUMMARY AND CONCLUSIONS
6.1 The proposed development proposes to change the use of the ground floor level from mixed use comprising A1 (Retail) and B1 (Office) to A3 (Food & Drink) to allow a restaurant and shopfront bakery to occupy the unit. It is considered that there are a number of material considerations in support of the application, which include the following:
• The proposed development is considered to be complimentary, compatible, and consistent with the primary retail focus of the area; • The proposal will not undermine the important retail function of the adjacent the Cathedral Road Local Centre; • The proposed development will contribute to the viability, attractiveness and vitality of the local area; • The proposed extension will be subservient to the host property whilst also not resulting in the overbearance and overshadowing of neighbouring properties; • The site is in a highly sustainable location, located within Pontcanna and is served by public transport with a high frequency, and diversity of bus and rail services available; and • The principle of development complies with policies KP5, KP17, EN9, R6, R8 and W2.
6.2 Having regard to the above material considerations, it is considered that the proposed development represents an appropriate and policy compliant scheme, which makes good use of this existing site. The proposals are well designed, environmentally sound, and make a significant contribution to enhancing the economic development of the area.
6.3 Accordingly, it is therefore considered that the proposed development is acceptable, and we would respectfully request that the application be approved.
15, Pontcanna Street, Pontcanna, Cardiff, CF11 9HQ December 2020 Planning Statement
Appendix A – Planning Policies
Policy Ref Policy Text Cardiff City Council Local Development Plan KP5: Good To help support the development of Cardiff as a world-class European Capital City, all new development will be Quality and required to be of a high quality, sustainable design and make a positive contribution to the creation of distinctive Sustainable communities, places and spaces by: Design i. Responding to the local character and context of the built and landscape setting so that layout, scale, form, massing, height, density, colour, materials, detailing and impact on the built and natural heritage are all addressed within development proposals; ii. Providing legible development which is easy to get around and which ensures a sense of continuity and enclosure; iii. Providing a diversity of land uses to create balanced communities and add vibrancy throughout the day; iv. Creating interconnected streets, squares and spaces as distinctive places, which are safe, accessible, vibrant and secure and incorporate public art where appropriate; v. Providing a healthy and convenient environment for all users that supports the principles of community safety, encourages walking and cycling, enables employment, essential services and community facilities to be accessible by sustainable transport and maximises the contribution of networks of multi-functional and connected open spaces to encourage healthier lifestyles; vi. Maximising renewable energy solutions; vii. Achieve a resource efficient and climate responsive design that provides sustainable water and waste management solutions and minimise emissions from transport, homes and industry; viii. Achieving an adaptable design that can respond to future social, economic, technological and environmental requirements; ix. Promoting the efficient use of land, developing at highest practicable densities and where appropriate achieving the remediation of land contamination; x. Ensuring no undue effect on the amenity of neighbouring occupiers and connecting positively to surrounding communities; xi. Fostering inclusive design, ensuring buildings, streets and spaces are accessible to all users and is adaptable to future changes in lifestyle; and xii. Locating Tall buildings in locations which are highly accessible through walking and public transport and within an existing or proposed cluster of tall buildings.
KP17: Built Cardiff’s distinctive heritage assets will be protected, managed and enhanced, in particular the character and Heritage setting of its Scheduled Ancient Monuments; Listed Buildings; Registered Historic Landscapes, Parks and Gardens; Conservation Areas; Locally Listed Buildings and other features of local interest that positively contribute to the distinctiveness of the city. EN9: Development relating to any of the heritage assets listed below (or their settings) will only be permitted where it Conservation can be demonstrated that it preserves or enhances that asset’s architectural quality, historic and cultural of the significance, character, integrity and/or setting. Historic Environment i. Scheduled Ancient Monuments; ii. Listed Buildings and their curtilage structures; iii. Conservation Areas; iv. Archaeologically Sensitive Areas; v. Registered Historic Landscapes, Parks and Gardens; or vi. Locally Listed Buildings of Merit and other historic features of interest that positively contribute to the distinctiveness of the city
R6: Retail Retail development will only be permitted outside the Central Shopping Area, District and Local Centres identified Development on the Proposals Map if: (Out of Centre) i. There is a need for the proposed floorspace (with precedence accorded to establishing quantitative need); ii. That need cannot satisfactorily be accommodated within or adjacent to the Central Shopping Area, within a District or Local Centre; iii. The proposal would not cause unacceptable harm to the vitality, attractiveness or viability of the Central Shopping Area, a District or Local centre or a proposal or strategy including the Community Strategy, for the protection or enhancement of these centres; iv. The site is accessible by a choice of means of transport; and v. The proposal is not on land allocated for other uses. This especially applies to land designated for employment and housing, where retail development can be shown to limit the range and quality of sites for such use. R8: Food and Food and Drink Uses are most appropriately located in: Drink Uses i. The City Centre (Central Business Area) ii. The inner harbour/waterfront area of Cardiff Bay (Bay Business Area) iii. District and Local Centres
Subject to amenity considerations, highway matters, crime and fear of crime considerations, and where they do not cause unacceptable harm to the shopping role and character of designated centres. Food and drink uses are
15, Pontcanna Street, Pontcanna, Cardiff, CF11 9HQ December 2020 Planning Statement
Policy Ref Policy Text unlikely to be acceptable within or adjacent to residential areas, where they would cause nuisance and loss of amenity, or result in the loss of a residential property. W2: Where appropriate, provision will be sought in all new development for facilities for the storage, recycling and Provision for other management of waste. Waste Management Facilities in Development