Application No

APPLICATION LOCATION PAGE NUMBER NUMBERS

Preface Item Land at Venosa Trading Estate, Bedwas 1 - 17 07/0447/FULL Road, Caerphilly.

Preface Item Land adjacent toThe Woodlands, 18 - 31 07/1077/FULL Glanhowy Road, Wyllie, Blackwood.

07/1205/FULL 18 Clos Maes Mawr, Caerphilly. 32 - 36

07/1524/FULL Suflex Estate, Newport Road, 37 - 53 Pontymister.

08/0148/COU Pontygwindy Road Service Station, 54 - 60 Pontygwindy Road, Caerphilly.

08/0364/RET Woodland Farm, Hill Road, 61 - 68 Senghenydd, Caerphilly. .

08/0477/FULL Plots 101-110, 118-131, 141-144 And 69 - 77 169-179, (Former Plot 3), Castlegate, Caerphilly.

08/0513/FULL Ty Chwarae, Ffwrwm Road, Machen, 78 - 82 Caerphilly.

08/0518/COU Plot 2, Troed Y Bryn, Penyrheol, 83 - 89 Caerphilly.

08/0532/COU Cartref, 2 Pant Road, Newbridge. 90 - 95

08/0548/ADV Aldi Store Limited, Bedwas Road, 96 - 100 Caerphilly.

08/0556/LA Land Near Railway Station, Station 101 - 108 Road, Bargoed.

08/0571/COU 52 Cardiff Road, Caerphilly. 109 - 113

08/0604/FULL Co-Operative Retail Services Limited, 114 - 118 8-10 Commercial Street, Nelson, Treharris.

08/0631/FULL The Hollies, Parc Avenue, Caerphilly. 119 - 123

08/0654/FULL Plot 27, The Glade, Wyllie, Blackwood. 124 - 130

08/0682/FULL Land Adjacent To Llwyndyrys, Western 131 139 Drive, Bargoed. 08/0700/FULL The Dog Spa, Cwmnantyrodyn, 140 - 147 Pontllanfraith, Blackwood.

08/0706/FULL 35 Hazel Grove, Caerphilly. 148 - 152

08/0709/LA Libanus Primary School, Libanus Road, 153 - 157 Blackwood.

08/0712/FULL 13 Station Terrace, Senghenydd, 158 - 163 Caerphilly.

08/0766/FULL 18 Woodfield Terrace, Tiryberth, 164 - 167 Hengoed.

08/0785/NCC Senghenydd Minerals Site, Nelson 168 - 174 Road, Senghenydd, Caerphilly.

PREFACE ITEM

APPLICATION NO. 07/0447/FULL

APPLICANT(S) NAME: Charles Church Wales Ltd

PROPOSAL: Construct 130 dwellings and associated works

LOCATION: Land At Venosa Trading Estate Bedwas Road Caerphilly

This application was reported to the Planning Committee on the 26th March 2008, at which time it was deferred for the completion of a Section 106 Agreement in respect of a range of matters.

The applicant has subsequently requested that six dwellings of the same type be substituted for another six houses of an alternative type; both of these house types have been approved in principle by Committee as part of this proposal.

To achieve this substitution the layout has had to be amended by a revision of plots 30 through to 43. The applicant was advised that this matter was not a minor amendment that could be dealt with by way of letter, but as no decision had yet been made on the application, due to its deferred status, it could be reported back to Members for a decision as to the acceptability of the substitution.

A consideration of the plans shows that the car-parking requirement remains unchanged, as does the number of spaces shown. There are no new privacy issues, which arise, or a detrimental reduction in amenity areas to serve the properties. As such the revision to the layout and the house substitution proposed is acceptable.

RECOMMENDATION that the amended layout submitted on the 30th April 2008 (i.e. Drawing No. TP-01 Rev K) be accepted to replace the previously submitted layout (i.e. Drawing No. TP-01 Rev J). This layout substitutes 6 no. 700 house types for 6 no. DRQ house types. The latter house types are those identified under Drawing No. CC-3B5P/10.

PREFACE ITEM

APPLICATION NO. 07/1077/FULL

APPLICANT(S) NAME: Mr D Jones

PROPOSAL: Erect five dwellings

LOCATION: Land Adjacent To The Woodlands Glanhowy Road Wyllie Blackwood

This application was reported to the last Planning Committee at which it was resolved to defer a decision to allow officers to prepare reasons for refusal based on Members’ concerns about the site being outside the settlement defined in the Adopted Islwyn Local Plan, out of character with the existing dwelling, and due to the poor highway into the village of Wyllie. A copy of the original report is attached.

Reasons for refusal based on those concerns would be very difficult to defend at appeal. Although the site is outside the settlement envelope defined in the Adopted Islwyn Local Plan, it is within the settlement boundary defined in the Council Approved Unitary Development Plan, which has been approved by this Authority as the most up-to-date policy document for development control purposes.

The houses will be taller than normal due to the incorporation of rooms in the roof space, and they will have smaller gardens than many of the existing houses. However, those differences would not cause any significant harm from a planning point of view. New developments - including those built over the past 40 years within Wyllie - will often differ in appearance and layout to the original core development of a settlement. The planning process seeks to ensure that new development sensitively integrates with existing development, but that does not preclude change. In this case, the new dwellings are at a lower level than those on the opposite side of a wide road; and the gardens, although small, will provide adequate amenity space for the occupants.

The road from Gelligroes to Wyllie has no footpaths but it would be difficult to argue that five additional houses would have a significant impact on the safety of pedestrians using that lane when it already serves Wyllie, a village of well over one hundred houses. The Group Manager (Transportation Planning) has not raised any objections.

RECOMMENDATION that planning permission is granted subject to the conditions in the attached report. However, if Members’ are minded to refuse planning permission the following reasons are suggested based on these concerns: -

1. The proposed development would be outside the settlement envelope defined in the Adopted Islwyn Local Plan in an area where permission would not normally be granted for housing except in the circumstances set out in Policy H6 of that plan. The development would therefore constitute urban sprawl and be detrimental to the character of the countryside surrounding the village of Wyllie. 2. The proposed houses, because of their height and the small gardens, would be out of character with the housing in the surrounding area contrary to Policy DC1 of the Council Approved Unitary Development Plan.

3. The road from Gelligroes to Wyllie does not have any pedestrian footways. The traffic generated by the proposed development would aggravate the existing conflict between pedestrian and vehicular traffic using that road, to the detriment of highway safety. The development would therefore be contrary to Policy DC1 of the Council Approved Unitary Development Plan. Code No. and Date Name and Address of Description and Location of Received Applicant Proposed Development

07/1205/FULL Mr D Smith Construct an outdoor 19.09.2007 18 Clos Maes Mawr swimming pool to the rear Caerphilly garden and extend property to CF83 2UY the front 18 Clos Maes Mawr Caerphilly CF83 2UY

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: The site, 18, Clos Maes Mawr, Energlyn, is located on the south east side of Clos Maes Mawr. The front elevation has a north-west facing aspect.

Site description: The site is an irregular shape, with a steep gradient from north-west down to south-east.

Development: The application includes a proposal to construct a two-storey extension to the front elevation of the dwelling. Also, the applicant had originally submitted details of a swimming pool in the rear garden, but this has been replaced by an extension of the decked area in the rear garden.

Dimensions: The extension would be a length of 2.8 metres, and 5.2 metres in width. The height would match the existing. The decked area would be 5.1m wide by 2m in length. The height of the decking would be a maximum of 2.1m above ground level with a 1.8m high timber screen fence around the perimeter.

Materials: The decking is erected on blockwork walls for stability, but which have been faced with timber for appearance. The extension would be constructed of brickwork and roof tiles to match the host dwelling.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

P/01/0734 - Erect detached three storey dwelling - Granted 28.10.02.

P/98/0727 - Erect 20 holly type houses - Granted 19.03.99.

P/03/1618 - Retain balcony to rear of property - Granted 26.02.04.

Cont’d…. Application No. 07/1205/FULL Continued

POLICY

Site allocation

Development plan: Adopted Caerphilly Basin Local Plan – within settlement boundary, allocated as housing.

Council Approved UDP: Land within settlement boundary, allocated as committed housing.

Policies

Development plan: Adopted Caerphilly Basin Local Plan Policies EV2 (Development Criteria) and H1 (e) (Housing Allocation) Pentwyn.

Council Approved UDP: DC1 (Development Criteria) and DC4 (Supplementary Planning Guidance); Policy HC (41) Pentwyn Farm; and Development Design Guide 2 - ‘Householder Developments’.

CONSULTATION

Group Manager (Transportation Planning) - No objection.

Senior Engineer (Consultancy Manager) - No objection, subject to comments about the domestic extension and the stability of the swimming pool.

Extent of advertisement: Site notice and 7 neighbours notified.

Response: Four letters have been received from two adjacent neighbours.

Summary of observations: One neighbour objected to the swimming pool on the grounds that the height of it would infringe privacy. The second letter objects to the decking on the grounds of loss of privacy. The other neighbour was concerned about the structural stability of the swimming pool, but since the pool has been removed from the scheme she objects to the potential loss of privacy.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No evidence has been brought to our attention.

ANALYSIS

Policies: This application is assessed against Council design guidance (DDG2) and development plan policies DC1 and DC4, and the submission is firstly for the erection of decking, replacing what was intended to be a swimming pool. Secondly the applicant wishes to erect a two-storey extension to the front elevation.

Firstly, the details of the decking are considered to be satisfactory, and the timber finish would be in keeping with the timber boundary fences in the locality. The replacement of the pool with a decked area should remove the perceived fears about the stability of the construction. The erection of a 1.8m fence to surround the decked area prevents any privacy infringements from occurring. Whilst the height of the decking and the additional height of the surrounding screen fence would result in a structure with a total height of 3.9m, it is considered that the combination of different ground levels between dwellings and the position of the decking within the site (i.e. mostly set back into the site away from the boundaries) would not result in any significant detriment to either residential or visual amenity. Secondly, whilst a forward extension would not normally be considered to be acceptable, many of the new houses on this estate are architect designed and thus there is no uniformity of appearance to the surrounding houses. In addition, the extension is in the character of the host dwelling, and would be constructed of matching materials, and would not appear as an extension, but would be more like an integral part of the design for the house. There are no windows in the front elevation of the extension thus there would not be any privacy infringements to the houses opposite.

Both elements of this application are in compliance with Council policy and design guidance and should be granted planning permission

Comments from consultees: None.

Comments from public: The response to the neighbours comments is included in the analysis above.

Other material considerations: None.

Cont’d…. Application No. 07/1205/FULL Continued

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

01) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. REASON: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990.

02) This permission for the extension to the garden decking shall relate to the amended plans received on the 26th February 2008. REASON: For the avoidance of doubt as to the details hereby approved.

Advisory Note(s)

The following policy of the Adopted Caerphilly Basin Local Plan is relevant to the conditions of this permission: Policy EV2.

The following policy(ies) of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: Policies DC1 and DC4.

Code No. and Name and Address of Description and Location of Date Received Applicant Proposed Development

07/1524/FULL Bovis Homes Ltd Construct 87 dwellings with 21.12.2007 Cleeve Hall associated garaging and car Bishops Cleeve parking Cheltenham Suflex Estate Gloucestershire Newport Road GL52 8GS Pontymister

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: The application site is an existing industrial estate fronting Newport Road in Pontymister. Known as the Suflex Estate it lies approximately half a kilometre east of the town.

Site description: The site was in agricultural use until 1953 when a plastic factory was constructed. Subsequently, it was further developed for electrical components manufacture. Several extensions were added up to 1982 when the buildings appeared in their current form. The various uses of the buildings ranged from a capacitor factory in 1954, engineering workshops, braiding factory, maintenance workshops etc up to 1982. Current uses include a cable production facility, UPVC window glazing unit assembly and offices. The site has two vehicular accesses onto the Newport Road frontage. To the rear it is adjacent to the River Ebbw; beyond the river there is a large industrial food-manufacturing unit. To the east there are recreational grounds and to the west is an existing residential estate. The site comprises approximately 2 hectares of land that is 4 metres above the level of the river.

Development: The removal of the industrial buildings and the erection of 88 residential units and ancillary roads. During the course of determination the number of units has been dropped to 87. The residential units comprise of a market development of 50 houses and 20 flats, and 17 affordable housing units.

Dimensions: As first proposed there were 12 building types that were arranged in differing configurations to provide a mixture of single dwellings, small terraces, town houses, maisonettes, flats over garages and conventional flats. A mixture of detached and attached garages provide parking together with drives and parking courtyards. The heights ranged from two to four storey and the number of bedrooms from one to five.

Cont’d…. Application 07/1524/FULL Continued

There have been a number of amendments one of which reduces the height of a block of flats from four- to three-storey. There have also been changes to the parking and road layout. The layout retains two accesses onto Newport Road and an internal road parallel to the river. The housing density is 44 dwellings per hectare, i.e. high density.

Materials: The design statement accompanying the application explains that the site benefits from views that the layout seeks to take advantage of. This is reflected in the position of the units near to the boundaries that look outwards onto Newport Road, the adjacent recreational ground and the river. It is pointed out that there is variety of local architecture, which is said to be acknowledged in the variety of dwelling designs and, the layout that has some home zones and mixed road surfaces. It is also suggested that a higher density layout to the Newport Road frontage reflects a more urban context with the density reducing towards the rear of the site adjacent to the river giving a more rural feel. The most central access from Newport Road is described in terms that suggest it is the main route into the site with a point of arrival at the boundary with the river. The finishes are predominantly red and buff brick with grey roofing tiles.

Environmental details submitted: The application is accompanied by an ecological survey and a flood consequences assessment. The ecological survey relates to bats and otters. Generally the buildings on site provide very limited opportunities for bat habitation due to their type of construction and maintenance. The trees on site do provide opportunities for bats and one particular building (an electricity substation) was found to accommodate a colony of bats. Otters were noted to move up and down the riverbank. The presence of Japanese knotweed was also noted.

Ancillary development: The site is accessed from two junctions (vehicular) onto Newport Road each of which leads into an estate road that runs directly towards the river and then they turn to join with each other along the riverbank. Off the spine road through the site there are two culs de sac.

PLANNING HISTORY

P/02/0982 - Install new entrance doors and canopy - Granted 27.09.02.

POLICY

Site Allocation

Development Plan: Adopted Islwyn Local Plan - Land within settlement.

Council Approved UDP: Land within settlement.

Cont’d…. Application No. 07/1524/FULL Continued

Policies

Development Plan: Adopted Islwyn Local Plan Policy D1 (Scale, layout, materials and design in keeping with surrounding) and Policy WFS1 (Windfall sites).

Council Approved UDP: Policies DC1 (Standard Development Control Criteria), H2 (Development on unallocated sites) and C9 (Site Protection Policy) and Council Approved Design Guide No1 Building Better Places to Live.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? – Yes.

Was an EIA required? No. The site is brownfield; its re-use represents sustainable development that is not considered to adversely affect the environment or an environmentally sensitive area.

CONSULTATION

Dwr Cymru/Welsh Water - No objection is raised. Advice is given regarding the drainage of the site and the presence of a combined sewer that runs through it. Further advice is given regarding the connection of services.

Group Manager (Transportation Planning) - No objection subject to conditions requiring the provision of visibility splays, the retention of parking and completion of the roads. Advice is given regarding a footpath that crosses the site.

Head Of Public Protection - No objection subject to conditions requiring double glazing, control of disturbance during construction, testing of imported soils and contamination remediation.

Senior Engineer (Land Drainage) - No objection is raised subject to the agreement of the details of drainage. General drainage advice is given.

Head Of Planning & Strategy - A contribution towards education has been considered and is not required with regard to the proposed development.

Wales & West Utilities - No objection is raised and advice is given regarding the presence of services within the application site.

Western Power Distribution - It is explained that electrical apparatus is present within the site and guidance is given as to how development should proceed.

Cont’d…. Application No. 07/1524/FULL Continued

Parks And Open Spaces - No objection is raised subject to a contribution of £70,000 towards the off-site play provision (Policy L9) and a contribution of £25,000 towards off-site outdoor sports provision (Policy L10).

CCBC Housing Enabling Officer - No objection subject to the provision of 17 affordable homes in accordance with details that have been negotiated with the applicant.

Head Of Public Services - Advice is given that the Authority provides a kerbside waste collection service. The developer has provided off road storage compounds for the bins but the residents will be required to take their bins out to the kerbside or designated collection point for collection. It is explained that refuse vehicles will not travel over any un-adopted sections of highway or private driveways.

Police Architectural Liaison Officer - It is explained that secure by design criteria (SBD) should be taken into account in design layouts. Specific attention is drawn to the need to ensure that parking places have reasonable security and pathways should not lack surveillance.

Environment Agency (Wales) - The Agency has considered the flood consequences assessment that has been submitted and accept its findings. No objection is raised subject to a condition requiring the agreement of a surface water regulation scheme. General drainage advice is given.

Manager (Countryside And Landscape Services) - The Principal Landscape Architect considers that the submitted landscaping details are acceptable and gives detailed advice on species planting. The Council's Ecologist recommends a number of conditions to protect bats and otters that are present within the site. Arboricultural conditions are also recommended to protect both the trees that are to be retained and preserve them as bat habitat.

Extent of advertisement: The application has been advertised in the press, on site and neighbouring properties have been consulted.

Response: Two letters have been received.

Summary of observations:

• It is explained that there appears to be a proposed lane running adjacent to the rear of the of the properties to the east fronting Newport Road and this could give rise to poor security.

Cont’d…. Application No. 07/1524/FULL Continued

• The proposed flats to the centre of the Newport Road frontage will obstruct the views of the properties opposite and due to their elevated position will look down into habitable rooms of nearby properties. • It is requested that a prickly hedge be included in the landscaping adjacent to the eastern boundary as a deterrent. • One dwelling on a plot to the rear of an existing property is described as being '8 feet from our back wall' and will block 'natural light'. It is suggested that the whole development be moved further to the west away from the existing dwellings. • The submitted details do not show any access for the adjacent properties to maintain their boundaries from outside their curtilages. • The roots of one of the fir trees in one of the existing dwellings may extend into the area where a dwelling is to be built. • There will be noise disturbance from the parking areas adjacent to the existing properties. • The junction at Meadow Crescent has no right turn into Newport Road and increased traffic from the proposed development will exacerbate existing congestion. • The additional dwellings will exacerbate drainage and sewerage problems in the locality.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? - Yes - Bats and otters are present within the site.

The 'three tests' under the EC Habitats Directive are as follows:

1. Regulation 44(2)(e) states that licences may be granted by the Countryside Division, National Assembly for Wales to "preserve public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment." The proposed development represents the re-use of an existing developed brownfield site.

Cont’d…. Application 07/1524/FULL Continued

The proposed works will result in the loss of a structure currently accommodating a maternity colony of common pipistrelle bats, potential bat roosts in trees and it may also result in disturbance to otters travelling along the adjacent River Ebbw. The development works can be undertaken in a manner to minimise the level of disturbance to the bats and otters, as recommended in the Method Statements submitted with the application. A condition will be imposed ensuring that an appropriate licence is granted in accordance with the regulation.

2. Regulation 44(3)(a) states that a licence may not be granted unless the Countryside Division, National Assembly for Wales is satisfied "that there is no satisfactory alternative". The application site is within the settlement boundary and as such there is not considered to be a more satisfactory alternative.

3. Regulation 44(3)(b) states that a licence cannot be issued unless Countryside Division, National Assembly for Wales is satisfied that the action proposed "will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range". It is considered that suitable environmental conditions can be imposed to maintain the population of protected species.

ANALYSIS

Policies: This application site is currently a small industrial estate that is now unoccupied. The site is not identified for employment use and it lies within the settlement boundary. This application for residential development is therefore a windfall application that should be considered with regard to policies H2 (UDP) and WFS1 (Islwyn). The first requirement of H2 is that neighbouring land uses should not detract from the residential amenity of the site (WFS1 requires the same consideration through reference to general criteria). The neighbouring land uses to the north and east are existing residential estates that are considered to be compatible. To the west is leisure land that is similarly compatible with the proposed residential development. To the south across the river is an existing industrial site with regard to which a noise study has been carried out and is discussed below.

The second requirement of H2 is that the development should not result in insensitive infilling that would spoil the character of the area. The application site fronts Newport Road (B4591) and on the opposite side is Ty Isaf estate. The existing dwellings on the opposite side are comprised mainly of short terraces with some semi- detached homes; all are two storey. The proposed dwellings are predominantly short terraces with a block of flats towards the middle. The proposed terraces are mixture of two storey and two and a half storey units. The flats are a three storey block (reduced from four storey during negotiation) with a Newport Road frontage of similar length to the terraced units. The

Cont’d…. Application No. 07/1524/FULL Continued proposed units are slightly higher than the existing dwellings, but they are separated by a B class road that generates an urban character such that these town house style units would acceptably blend in. Both the existing dwellings and the proposed face each other and have small front gardens. In terms of massing, spacing and given the character of the road the frontage is considered to be in keeping with the existing residential development. To the east of the site the existing dwellings mainly back on to the boundary or are sideways on. The layout of the proposed units is mainly sideways on with an enclosed parking courtyard in the middle. This arrangement of private space sits acceptably with the rear/side gardens of the existing dwellings to the east. To the west and south the proposed dwellings look outwards, taking advantage of the views out over the adjacent river and amenity space. The layout is therefore considered to be in keeping with the character of the area in accordance with policy.

Within the estate the layout includes a variety of house designs and two internal inward facing courts/mews that have the appearance of home zones. A proposed road around the west and south boundary will provide a pleasant route that opens up views of the river and amenity area. These features serve to provide character that Council Approved Design Guide No1 Building Better Places sets out in broad design principles for residential layouts. TAN 12 Design also incorporates advice regarding layouts. It encourages home zones, variety in road widths and surfacing to create places that are 'distinctive'. The layout incorporates a neighbourhood housing design and produces a sense of place that is considered to be in accordance with Design Guide No1 and TAN 12.

Comments from Consultees: Group Manager (Transportation Planning) has raised no objection to the proposed development following a number of changes including the provision of additional parking. Conditions requiring the provision of visibility splays, the retention of parking and completion of the roads are recommended. Advice is given regarding a footpath that crosses the site and should be passed on to the applicant.

The Head Of Public Protection has required a noise study in view of a nearby industrial site across the river. Having considered the study no objection is raised subject to conditions requiring double glazing in the bedroom windows of the dwellings. Additional conditions requiring the control of disturbance during construction, the testing of imported soils and contamination remediation, are also recommended.

Senior Engineer (Land Drainage) raises no objection subject to the agreement of the details of drainage.

Cont’d…. Application No. 07/1524/FULL Continued

The Head Of Planning & Strategy has considered contribution towards education and determined that it is not required with regard to the proposed development.

Parks and Open Spaces note that with regard to policies L9 and L10 a contribution of £70,000 towards the off-site play provision and a contribution of £25,000 towards off- site outdoor sports provision. This contribution has been agreed with the applicant and should be secured by a Section 106 legal agreement.

CCBC Housing Enabling Officer raises No objection subject to the provision of 17 affordable homes in accordance with details that have been negotiated with the applicant. This provision should also be secured by a section 106 legal agreement.

Head Of Public Services has provided advice regarding a kerbside waste collection service. That advice should be passed on to the applicant.

Police Architectural Liaison Officer has recommended secure by design criteria (SBD) and this advice should be passed on to the applicant. Specific attention was drawn to the need to ensure that parking places have reasonable security and pathways should not lack surveillance. Revised details have been provided that raise the level of security in this regard.

The Environment Agency (Wales) has considered the flood consequences assessment that has been submitted and accepts its findings. No objection is raised subject to a condition requiring the agreement of a surface water regulation scheme.

The Principal Landscape Architect for the Manager (Countryside and Landscape Services) considers that the submitted landscaping details are acceptable and gives detailed advice on species planting. The Councils Ecologist recommends a number of conditions to protect bats and otters that are present within the site. Arboricultural conditions are also recommended to protect both the trees to be retained and preserve them as bat habitat.

Comments from public: • It is explained that there appears to be a proposed lane running adjacent to the rear of the properties to the east fronting Newport Road and this could give rise to poor security. There are also other such paths with poor surveillance shown in the submitted details and they do reduce security. This point has been taken up with the applicant. A revised layout has been provided that reduces this feature and others so that pedestrian accesses to the rear of the proposed dwellings have much improved security.

Cont’d…. Application No. 07/1524/FULL Continued

• There is concern that the proposed flats to the centre of the Newport Road frontage will obstruct the views of the properties opposite and due to their elevated position will look down into habitable rooms of nearby properties. There is a separation between the proposed and existing development of approximately 24 metres. It must also be borne in mind that the properties are separated by a classified highway with footpaths on either side thus the existing level of privacy is not high. The proposed separation is in excess of standard privacy distance of 21 metres and is therefore adequate. The block of apartments as first proposed was four storey but has been reduced to three. The resulting street frontage along Newport Road is therefore a mixture of two to three storey development with good separation from the existing dwellings that is not considered overbearing or unacceptable in terms of privacy. • It is requested that a prickly hedge be included in the landscaping adjacent to eastern boundary as a deterrent. Mainly car parking areas abut the eastern boundary. They have reasonable surveillance and security. It is not considered that the security to the eastern boundary will unacceptably prejudiced by the proposed development. • One dwelling on a plot to the rear of an existing property is described as being '8 feet from our back wall' and will block 'natural light'. It is suggested that the whole development be moved further to the west away from the existing dwellings. The proposed dwelling in question is 2 to 3 metres from the rear garden wall of the adjacent property (Not the existing dwelling itself). The proposed building is approximately 11 metres from the rear elevation of the existing dwelling, which is a distance that is accepted in Council Approved design guidance. It is not therefore necessary to require the proposed dwellings to be moved further away. • The suggestion that the submitted details should show access for the existing adjacent properties to maintain their boundaries from outside their curtilages is a civil matter. The planning system does not seek to establish private means of access for the benefit of third parties. • The caution that the roots of a fir trees in one of the existing dwelling may extend into the area where a dwelling is to be built is a matter for the developer to take into account. (The tree in question is not the subject of a tree preservation order). • The suggestion that there will be noise disturbance from the parking areas adjacent to the existing properties is not considered to be a material objection: this is a relatively flat site with no exceptional circumstances, the parking of domestic vehicles in a residential estate is a commonly accepted domestic activity and should be no more detrimental that the car parking areas in the existing residential development. No objections have been raised on highway or drainage grounds by the Statutory Consultees.

Cont’d…. Application No. 07/1524/FULL Continued

Other material considerations: This application has been the subject of a number of amendments including the improvement of security, the alteration of the flat design and revised road layout. It is necessary that the revised details be identified by condition. As explained a contribution towards the provision of off-site play/sport facilities has been negotiated along with a proportion of affordable housing; accordingly, it is recommended that this application be deferred to enable a Section 106 agreement to be completed. Upon completion of the agreement planning permission should be granted subject to the following recommendation and conditions:

RECOMMENDATION that (A) the application be DEFERRED to allow the completion of a S106 Agreement, (B) on satisfactory completion of the Agreement Permission be GRANTED

This permission is subject to the following condition(s)

02) No development shall take place until a scheme for the provision and implementation of a surface water regulation system has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be implemented prior to the construction of any impermeable surfaces draining to the system unless otherwise agreed in writing by the Local Planning Authority. REASON: To prevent the increased risk of flooding.

03) The development shall not be occupied until the relevant area indicated for the parking of vehicles has been laid out in accordance with the plans hereby approved and that area shall not thereafter be used for any purpose other than the parking of vehicles. REASON: In the interests of highway safety.

04) The construction of the dwelling foundations shall not begin until details showing the finished floor levels of the building(s) hereby approved in relation to a fixed datum point off site have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details. REASON: In the interests of the visual amenity of the area.

Cont’d…. Application No. 07/1524/FULL Continued

05) Works associated with the development hereby approved, in, adjacent to or impacting on the river, shall operate during daylight hours only, ceasing one hour before sunset and not commencing until one hour after sunrise. REASON: To minimise disturbance to otters moving along the river at night.

06) Unless otherwise agreed in writing with the Local Planning Authority, trees within the application site identified with potential for bat roosts in appendix 1 of the submitted bat and otter survey report, that lie adjacent to the river Ebbw shall be retained and protected as part of the proposed development of the site. REASON: To ensure proper measures are taken to safeguard the habitat of protected species, in the interests of biodiversity.

07) If retained potential bat roost trees as identified in the submitted bat and otter survey report subsequently require felling or tree management work, associated with the development hereby approved, a bat survey, as recommended in appendix 1 of the bat and otter survey report shall be carried out by a competent ecologist with proven expertise in bat surveying. The results of the survey, together with details of any proposed mitigation measures shall be submitted and approved in writing by the Local Planning Authority before any work is carried out to the bat roost trees. The approved measures shall be strictly complied with. REASON: To ensure proper measures are taken to safeguard the habitat of protected species, in the interests of biodiversity.

08) Prior to the removal of potential bat roost trees in the north of the application site as identified in the submitted bat and otter survey report, a survey as recommended in appendix 1 of the report shall be carried out by a competent ecologist with proven expertise in bat surveying. The results of the survey, together with details of any proposed mitigation measures shall be submitted and agreed in writing with the Local Planning Authority. The agreed measures shall be strictly complied with. REASON: To ensure proper measures are taken to safeguard the habitat of protected species, in the interests of biodiversity.

09) Prior to the commencement of the development a scheme depicting hard and soft landscaping including enhanced planting along the River Ebbw shall be submitted to and agreed in writing by the Local Planning Authority. The agreed details shall be carried out in accordance with a scheme of implementation to be agreed with the local planning authority before development commences. Any trees or plants which within a period of five years from the completion of the development die or are removed, or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. REASON: In the interests of the visual amenity of the area. Cont’d…. Application No. 07/1524/FULL Continued

10) Prior to the commencement of the development a scheme shall be submitted to and approved in writing by the Local Planning Authority for external site lighting including details of the lighting units, levels of illumination and hours of use. The scheme shall ensure appropriate consideration is given to light pollution with regard to protected species. No lighting shall be provided at the site other than in accordance with the approved scheme. REASON: In the interests of residential amenity and to ensure proper measures are taken to safeguard the habitat of protected species, in the interests of biodiversity.

11) Works of vegetation clearance associated with the development hereby approved shall not take place during the bird-breeding season, March to August inclusive, unless otherwise agreed with the Local Planning Authority. REASON: All British birds, their nests and eggs (with certain limited exceptions) are protected by law under Section 1 of the Wildlife and Countryside Act 1981 (as amended) and the Countryside and Rights of Way Act 2000.

12) All planting, seeding or turfing comprised in the details shown in landscaping drawings numbers 0054-3001A and 2A received on 2nd June 2008, shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. REASON: In the interests of visual amenity.

13) The external surfaces of the development shall not be constructed until printed colour examples of the materials to be used have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. REASON: In the interests of the visual amenity of the area.

14) The layout of the development hereby permitted shall be carried out only in accordance with drawing number 2-201 revision H received on 17 June 2008; (or any plans or details subsequently agreed in writing by the Local Planning Authority as an amendment to the approved plans). REASON: To ensure that the development is carried out only as approved by the Local Planning Authority.

Cont’d…. Application No. 07/1524/FULL Continued

15) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any order revoking or re-enacting that Order, with or without modification, the garage(s) hereby approved shall not be physically altered or converted to any other domestic purpose without the prior approval of the Local Planning Authority. The garage(s) shall be made available at all times for the parking of motor vehicles associated with the residential use of the dwelling(s). REASON: In the interests of highway safety.

16) A detailed programme for the provision of the proposed highways (and highway alterations) including all stages in the statutory process for approval thereof together with a similarly detailed programme for the construction, completion and future maintenance of the proposed highways shall be submitted to and approved in writing by the Local Planning Authority before any works of construction are commenced on site. The developer will not have to comply with this condition following completion of an endorsed Agreement under Section 38 of the Highways Act 1980 in respect of the provision of the same highways. REASON: In the interests of highway safety.

17) No obstruction or planting exceeding 900mm shall be placed or allowed to grow within the required vision splays of 4.5m x 59m at the road entrances junctions onto Newport Road. REASON: In the interest of highway safety.

18) No obstruction or planting exceeding 900mm shall be placed or allowed to grow within the required vision splays of 2.4m x 23m at the internal estate road junctions. REASON: In the interest of highway safety.

19) Prior to the commencement of the development hereby approved, full engineering details of all roads and footpaths, including sections, drainage and street lighting shall be submitted to and agreed in writing with the Local Planning Authority. The development shall be completed in accordance with the agreed details. REASON: In the interest of highway safety (including those sections of highway that are not to be adopted).

20) Double glazed window units capable of achieving internal noise levels of 30dB(A)(8 hour LAeq night time) or lower shall be installed and maintained in the windows of all bedrooms and attic rooms capable of being turned into bedrooms prior to their first occupation, the details of the window units and any associated trickle ventilation etc shall have been agreed in writing with the Local Planning Authority prior to the commencement of development. REASON: To ensure adequate noise protection. Cont’d…. Application No. 07/1524/FULL Continued

21) Before any soils or hardcore are brought onto site a scheme for their importation and testing for contamination, shall be submitted to and agreed in writing with the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme. REASON: To prevent contamination of the application site in the interests of public health.

22) Prior to the commencement of the development a scheme shall be submitted to and agreed in writing by the Local Planning Authority to deal with the contamination of the site. That scheme shall include a ground investigation and a risk assessment to identify the extent of the contamination and the measures to be taken to avoid risk to the occupants of the development when the site is developed. The development shall be carried out in accordance with the approved scheme. REASON: In the interests of public health.

23) No building approved by this permission shall be occupied or approved uses commence until a report has been submitted to and approved in writing by the Local Planning Authority which verifies that the required works have been undertaken in accordance with the remediation strategy. REASON: To protect public health.

24) Prior to the commencement of the development a scheme (Working Method Statement) to control the environmental effects of the demolition and construction work shall be submitted to and agreed in writing by the Local Planning Authority. The scheme shall include:

(i) control of noise (ii) control of dust, smell and other effluvia (iii) control of surface water run off (iv) site security arrangements including hoardings (v) proposed method of piling for foundations (vi) construction and demolition working hours (vii) hours during the construction and demolition phase, when delivery vehicles or vehicles taking materials are allowed to enter or leave the site. The development shall be carried out in accordance with the approved scheme or as may otherwise be agreed in writing by the Local Planning Authority. REASON: In the interests of the amenity of the area.

Cont’d…. Application No. 07/1524/FULL Continued

25) Prior to the commencement of the development a scheme shall be submitted to and agreed in writing by the Local Planning Authority to deal with the Japanese knotweed on site. The development shall be carried out in accordance with the approved scheme. REASON: To ensure the appropriate treatment of an invasive species.

26) Works associated with the development hereby approved will be in strictly accordance with the recommendations made in the "Method Statement for Bat Maternity Roost in Electrical Sub Station and Potential Bat Roosts in Trees at the Former Suflex Works, Risca, Caerphilly”. REASON: To minimise disturbance to bats.

27) Prior to the commencement of any works associated with the development hereby approved, an amended plans showing the location of the bat access slots beneath the garage bargeboards of plots 29 and 30 shall be submitted to and agreed in writing with the Local Planning Authority. The development shall be completed in accordance with the agreed details. REASON: To ensure proper measures are taken to safeguard the habitat of protected species present on the application site, in the interests of biodiversity.

28) Prior to the commencement of any works associated with the development hereby approved, a plan showing details of the provision of bat boxes in trees alongside the River Ebbw shall be submitted to and agreed in writing with the Local Planning Authority. The development shall be completed in accordance with the agreed details. REASON: To ensure measures are taken to safeguard the habitat of protected species present on the application site, in the interests of biodiversity.

29) Works associated with the development hereby approved will be in strict accordance with the recommendations made in the submitted Method Statement for Otters at the Former Suflex Works, Risca, Caerphilly. REASON: To minimise disturbance to otters moving along the river.

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

Cont’d…. Application No. 07/1524/FULL Continued

Advisory Note(s)

Please find attached the comments of Western Power Distribution, Wales & West Utilities, Gwent Police, Welsh Water, Environment Agency, Senior Engineer (Land Drainage), the Council Ecologist, Principal Landscape Architect that are brought to the applicant's attention.

The following policy(ies) of the Council Approved Unitary Development Plan are relevant to the conditions of this permission: DC1, C9 and H2.

Code No. and Name and Address of Description and Location of Date Received Applicant Proposed Development

08/0148/COU Mr P Aulakh Change the use from petrol 05.02.2008 Pontyclun Fish Bar filling station to car valeting 10 Cowbridge Road centre Pontyclun Pontygwindy Road Service CF719ED Station Pontygwindy Road Caerphilly CF83 3HY

APPLICATION TYPE: Change of Use

SITE AND DEVELOPMENT

Location: The site is located on the east side of Pontygwindy Road, to the north of the junction with South Pandy Road, Caerphilly.

Site description: The site is an irregular shape with the primary frontage onto Pontygwindy Road. Part of the rear boundary abuts the pavement in South Pandy Road, and the northern half of the site shares boundaries with residential properties. The site has buildings on site appropriate to its former use as a petrol filling station; a canopy over the pumps area, and a payment kiosk/small shop.

Development: The proposal is to retain a change of use from petrol filling station to a car valeting service.

Dimensions: The site has a maximum width of 54 metres, and depth of 30 metres from front to rear.

Materials: There would be no change to the existing buildings.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

07/0262/COU - Change the use to used car sales site - Granted 31.05.07.

P/04/1761 - Erect ground floor Class A3 hot food takeaway with first floor ancillary staff accommodation - Granted 06.01.05.

P/04/0180 - Erect Class A3 hot food takeaway - Granted 02.07.04.

Cont’d…. Application No. 08/0148/COU Continued

P/03/0679 - Redevelop Pontygwindy Road Service Station for A3 use - Granted 25.07.03.

P/99/0850 - Demolish garage and shop and erect residential development - Granted 25.11.99.

P/99/0562 - Change use to mixed use to include A1 retail use and petrol filling station and building works - Granted 25.11.99.

P/97/0475 - Extend existing shop and garage floor space - Granted 14.08.97.

5/5/94/0303 - Erect standard petrol filling station forecourt signage - Granted 12.08.94.

5/5/88/0827 - Construct dwelling for service station manager and relocate car wash facilities - Refused 17.02.89.

POLICY

Site Allocation

Development Plan: Adopted Caerphilly Basin Local Plan, not allocated.

Council Approved UDP: Land within settlement boundary, not allocated.

Policies

Development Plan: Policy EV2 (development criteria) of the Adopted Caerphilly Basin Local Plan.

Council Approved UDP: DC1 (Development Criteria).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable

Cont’d…. Application No. 08/0148/COU Continued

CONSULTATION

Head Of Public Protection - No objection, subject to conditions.

Group Manager (Transportation Planning) - No objection subject to conditions.

Head Of Public Protection - Noise report required before determination.

Caerphilly Town Council - Objects because of the noise caused by the use and the loss of residential amenity.

Extent of advertisement: A site notice was erected adjacent to the site and 15 neighbours notified by letter.

Response: Five letters have been received.

Summary of observations: One neighbour has expressed concerns about water spray crossing over his boundary fence into his garden. Four nearby residents have expressed concern about the level of noise from the premises, in particular the low pitch vibrating noise that penetrates their homes.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No evidence has been brought to our attention.

ANALYSIS

Policies: This application is for the retention of a change of use to a car valeting business. There are three significant issues to be assessed in respect of the acceptability of the use.

Cont’d…. Application No. 08/0148/COU Continued

Firstly, the use is assessed as to whether or not it is compatible with surrounding uses. Whilst there are a number of residential properties in very close proximity, the site has an existing lawful use as a petrol filling station (which in turn could include a car washing facility as an ancillary use), and there are a number of commercial/industrial uses nearby, as the site is very close to Pontygwindy Industrial Estate. Secondly, the use of the premises has to be acceptable in highways terms. The Group Manager (Transportation Planning) has not raised objection, but does ask for a number of conditions to be attached if permission should be granted. Finally, (and perhaps the most significant) is the impact upon the neighbouring residential properties.

The residents who have written in to object to the proposal appear to agree that the jet wash machines emit a low pitch vibrating noise. As a consequence of a number of complaints received by the Environmental Health Division, the applicant was asked to undertake a Noise Assessment of the operations. This was in order that The Head of Public Protection could properly assess the proposal. The submitted Noise Report indicated the noise from the operation to be of marginal significance. To overcome the marginal conflict between the operation and nearby dwellings it is considered appropriate to attach a condition to control hours of operation. In addition, stray spray is also considered to be a nuisance, therefore a management scheme should be submitted for the Council's subsequent approval.

Comments from Consultees: No objection from Group Manager (Transportation Planning). The Head of Public Protection comments that a number of comments have been received from nearby residents who complain of the noise and the spray from the jet washers at the site. These are matters that be controlled by planning condition. Caerphilly Town Council raise objection on the grounds of detriment to residential properties and the noise from the power washers. These are matters that are included in the analysis above.

Comments from public: The comments of the neighbours are addressed in the analysis above.

Other material considerations: None.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

Cont’d …. Application No. 08/0148/COU Continued

02) Within one month of the date of this permission two off-street parking spaces shall be provided in permanent materials to the side of the property known as 224 Pontygwindy Road, which shall be made available for use at all times and shall be maintained free of obstruction for the parking of motor vehicles associated with the residential use of the dwelling only. REASON: In the interests of highway safety.

03) The area of the site shown on the submitted layout plan PL-01 which lies between the point marked as "IN", the point marked as "STATION 1" and the rear boundary to number 2 South Pandy Road shall be maintained free of obstruction at all times in order to provide vehicular access to the valeting bays, the customer parking/waiting bays and the parking spaces allocated to number 224 Pontygwindy Road. REASON: In the interests of highway safety.

04) The area of the site shown on the submitted layout plan PL-01 which lies between the point marked as "OUT" and the valeting bays shall be maintained free of obstruction at all times in order to allow vehicles to leave the site in a forward gear at all times. REASON: In the interests of highway safety.

05) The area shaded yellow and denoted for use as customer parking on the revised submitted plan shall be maintained as an area for this use only other than when it shall necessarily be occupied by a car transporter vehicle. This area shall otherwise be maintained free of obstruction so that vehicles can both enter and leave the site in a forward gear at all times. REASON: In the interests of highway safety.

06) Full details of a scheme of signing, provided to make clear to customers that they may only enter the site adjacent to number 224 Pontygwindy Road shall be submitted for the approval of the Local Planning Authority within one month of the date of this permission and the agreed signing scheme shall be erected within one month of the date of that subsequent approval. REASON: In the interests of highway safety.

07) The hours of operation of the car valeting centre hereby approved shall be restricted to between 0800 and 1800hrs. Mondays to Fridays, between 0900 and 1700hrs on Saturdays and between 1000 and 1600hrs on Sundays and Public Holidays. REASON: In the interests of residential amenity.

Cont’d…. Application No. 08/0148/COU Continued

08) Within one month of the date of this permission a scheme to manage the jet washing operation to ensure water spray does not cross over the boundaries with adjacent dwellings shall be submitted to and approved by the Local Planning Authority. The use approved shall thereafter be in accordance with the approved scheme. REASON: In the interests of residential amenity.

Advisory Note(s)

Please find attached the comments of Group Manager (Transportation Planning) and The Head of Public protection that are brought to the applicant's attention.

The following policy of the Adopted Caerphilly Basin Local Plan is relevant to the conditions of this permission: Policy EV2.

The following policy of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: Policy DC1.

Code No. and Name and Address of Description and Location of Date Received Applicant Proposed Development

08/0364/RET Mr J Newbury Retain agricultural dutch barn, 27.03.2008 Woodland Farm sow pens and implement shed Hill Road Woodland Farm Senghenydd Hill Road Caerphilly Senghenydd CF83 4HE Caerphilly CF83 4HE

APPLICATION TYPE: Retain Development Already Carried Out

SITE AND DEVELOPMENT

Location: Land at Woodland Farm, Hill Road, Senghenydd.

Site description: The site lies to the east of the farm facing out onto the terraced properties at Woodland Terrace.

Development: Retention of dutch barn, implement shed and sow pens.

Dimensions: The dutch barn has a maximum height of 5.2 metres, measures 9.0 metres in length and has a width of 4.5 metres. The implement shed has a maximum height of 2.8 metres, a frontage that is 9.55 metres wide and is 5.9 metres in depth. The sow pens have a maximum height of 2.7 metres, have a depth of 4.8 metres and the pen itself measures 9.6 metres in length.

Materials: The dutch barn has been constructed using steel uprights. The floor has been finished in concrete and the roof and sides have been constructed using corrugated sheeting. The sow shed is constructed in concrete block. The sow yard has been finished in concrete and galvanised panels form the means of enclosure. The roof has been constructed with box profile sheeting. The implement shed has been constructed using timber uprights, it has a box profile sheeted roof and sides that have been painted maroon red, matching the colour of the barn.

Ancillary development, e.g. parking: The yard area is wide enough to accommodate several vehicles.

PLANNING HISTORY

P/05/0122 - Retain groundworks and pig shelter - Granted 23.06.05.

5/5/95/0604 - Erect garage - Granted 30.11.95. Cont’d…. Application 08/0364/RET Continued…..

5/5/93/0313 - Erect bungalow - Granted 19.08.93.

5/5/92/0521 - Erect detached dwelling - Granted 11.12.92.

POLICY

Site Allocation

Development Plan: The site is within the area of the Mid Glamorgan Structure Plan which does not have any site specific allocations.

Council Approved UDP: The site is outside the settlement boundary.

Policies

Development Plan: There are no policies of direct relevance in the Mid Glamorgan Structure Plan.

Council Approved UDP: Policy DC1 (standard development control criteria), Policy DC2 (development outside the settlement boundary), Policy C1 (development in the countryside) and Policy C5 (agricultural development).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Head Of Public Protection - Raises no objections subject to appropriate conditions being imposed relating to the control of pests.

Senior Engineer (Land Drainage) - Raises no objections subject to appropriate conditions being imposed relating to the drainage of the site.

Environment Agency (Wales) - Raises no objections subject to appropriate conditions being imposed to prevent pollution of the water environment.

Head Of Planning & Strategy - Raises no objections.

Cont’d…. Application No. 08/0364/RET Continued

Aber Valley Community Council - Raises objections on the basis that the development carried out will intensify the use of the site in respect of problems of smell. The increased agricultural use of the site will also result in more traffic entering and leaving the site to the detriment of highway safety.

Extent of advertisement: Neighbouring properties were consulted and a site notice advertising the application was posted on site.

Response: Two letters have been received.

Summary of observations: One letter raises no objections to the development carried out. The second letter raises objections for the following reasons:

1. The scale of the building is unacceptable. 2. Smell. 3. Noise from both animals and machinery.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? None.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies: Policies DC1, DC2, C1 and C5 of the Council Approved Unitary Development Plan (April, 2003) are considered to be of relevance.

With regards to Policy DC1, Criteria (A), (B) and (E) are of importance. Criterion (A) examines the compatibility of the proposed development with other land uses within the area. The applicant first commenced his farming activities in 2005 after purchasing an area of farmland adjacent to his dwellinghouse. This land is steeply sloping and the plateau that was previously excavated has subsequently been extended to accommodate the recently erected implement barn. Although the applicant has to a certain extent intensified the agricultural use of the land by increasing the numbers of pigs kept at the farm, in view of the fact that the use of the land remains for the purposes of agriculture, the development is considered to comply with criterion (A) of Policy DC1.

Cont’d…. Application 08/0364/RET Continued

Criterion (B) of Policy DC1 refers to the standard development criteria of a development, i.e. materials, setting, scale, density, layout, materials and landscaping. The materials used in the construction of the dutch barn, sow pens and implement shed are considered satisfactory, although the breeze block finish of the sow pens could be enhanced by a render or painted finish. To this end, it is considered appropriate to attach a condition requiring the details of the external finish of the pig sheds to be submitted to and agreed with the Local Planning Authority.

With regards to the scale of the development, the sow pens are not considered out of scale with previous outbuildings approved at the application site. The dutch barn is by comparison a much larger construction and far more prominent. The barn has, however, been sited near the foot of the embankment which minimises its impact on the landscape. The barn and implement shed, which lies adjacent to the barn and is of a much smaller scale, are visible from Woodland Terrace, a row of properties that lies opposite the application site. A row of trees along the boundary of the farmland however, help to minimise the visual impact of the development and as the terraced properties are in excess of 45 metres away from the application site, the barn and implement shed are not considered to adversely impact upon the residential amenity of these properties. As a result, the barn, implement shed and sow pens accord with the standard development control criteria contained in Criterion (B) of Policy DC1.

The application site resembles that of a small agricultural holding. In this respect, criterion (E) of Policy DC1 is appropriate. Criterion (E) examines the provision of loading, unloading, turning and parking within the application site. The two structures have been erected on the periphery of the site and are situated in such a position that there remains adequate provision for the turning, loading, unloading and parking of vehicles. The development has not compromised the residential parking of Woodland Bungalow. Chief Engineer (Highways) raises no objections to the development and as such, the proposal is also in compliance with criterion (E) of Policy DC1.

The application site falls outside the settlement boundary as recognised in the Council Approved Unitary Development Plan (April, 2003). In view of this, Policy DC2 is of relevance as it is aimed at protecting the identity and vitality of individual settlements. Criterion (A) of DC2 states that development will be permitted if it is in 'association with agriculture, forestry and the wining and working of materials.' It has been recognised already that the proposed development resembles that of a small agricultural holding, i.e. the keeping of pigs and chickens. Approval of this application would not result in the residential curtilage extension of Woodland Bungalow, thereby, protecting the existing settlement boundary. In this sense, the development is considered acceptable in accordance with the requirements of criterion (A) and therefore accords with Policy DC2.

Cont’d…. Application No. 08/0364/RET Continued

The application site is not recognised within the Council Approved Unitary Development Plan (April, 2003) as having ecological or landscape designations. The application site is, however, considered to be development in the countryside and as such Policies C1 and C5 are considered relevant.

Policy C1 recognises that development in the countryside will only be permitted where it does not have a harmful impact on the character on the amenity, landscape and nature conservation value of the area. The development proposed for retention is one that is normally found in the countryside. To prevent the expansion of this development into the neighbouring fields, and on the existing site, a condition is recommended removing permitted development rights.

With regards to the standard agricultural criteria contained in Policy C5, the owner of Woodland Bungalow has purchased additional agricultural land for agricultural purposes, i.e. pig farming. There would appear, therefore, to be a bona fide need for the structures that have been erected as they do not affect any nature conservation designations, the development carried out is also in compliance with Policy C5 of the Council's UDP.

In summary, there is no planning policy objection to the development proposed for the retention of the structures, which are well designed and are sited for the purposes of carrying out activities in accordance with the lawful agricultural use of the land.

Comments from consultees: In order to ensure that the site can be adequately drained, the Council's Land Drainage Engineer has requested that details be submitted which indicate where within the application site the drainage channels are located. Again, this can be dealt by way of condition.

Neither Environment Agency (Wales) nor the Council's Land Drainage Officer have raised any objections to the development carried out subject to appropriate conditions be imposed regarding the disposal of surface water.

The Council's Environmental Protection Officer raises no objections to the development subject to conditions being imposed as a means of controlling pests.

The objections raised by the Community Council relate to noise and the increased hazards to highway safety. With regards to the reported noise nuisance, it is noted that the land is being used for its lawful purposes, i.e. agricultural activities. No noise concerns have been raised by the Head Of Public Protection. In respect of the anticipated highway safety issue, it is noted that the visibility into and out of the farm access is more than adequate to serve this small agricultural holding.

Cont’d…. Application No. 08/0364/RET Continued

Comments from public: The objections raised relate to the unacceptable appearance of the barns and the associated noise and smells that such a use poses.

The appearance and scale of the barn has been adequately dealt with in the Policy analysis above.

The Council's Environmental Protection Officer has examined the proposal and in doing so has considered the impact of the development in terms of the potential for smell nuisance. The Council's records indicate that up until the submission of this planning application, no complaints had been received in respect of the smell or noise from the keeping of pigs or any associated activities on the site. Any future complaints in respect of noise or smell emanating from the premises is a matter that can be investigated under standard procedure.

Other material considerations: None.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

01) Within one month of the date of this consent a scheme for the storage and disposal of waste foodstuff and manure shall be submitted to and agreed in writing with the Local Planning Authority. Thereafter the use carried on at the site subject of this consent shall be carried out in accordance with the agreed scheme. REASON: In the interests of residential amenity.

02) Within one month from the date of this permission, revised details of surface- water and land drainage shall be submitted to and agreed in writing with the Local Planning Authority. The development shall be carried out in accordance with the agreed details. REASON: To ensure adequate drainage of the site.

03) All animal feed must be stored in sealed containers to minimise the attraction of pests. REASON: In the interests of residential amenity.

04) There shall be no discharge of foul or contaminated drainage from the site into either the groundwater or any surface waters, whether direct or via soakaways. REASON: To prevent pollution of the water environment.

Cont’d…. Application No. 08/0364/RET Continued

Advisory Note(s)

Please find attached the comments of Environment Agency (Wales), Head of Public Protection and Senior Engineer (Land Drainage).

The Mid Glamorgan Structure Plan and the Council Approved Unitary Development Plan are the development plans for this area. Policy DC1 of the UDP is relevant to the conditions imposed on this consent.

Code No. and Name and Address of Description and Location of Date Received Applicant Proposed Development

08/0477/FULL Llanmoor Development Co Ltd Revise plots 101-110, 118- 30.04.2008 63 Talbot Road 131, 141-144 and 169-179 Talbot Green omitting plots 111, 145, 146, Pontyclun 180, 181 and 182 of planning Rhondda Cynon Taff permission P/06/0041 CF72 8AE Plots 101-110, 118-131, 141- 144 And 169-179 (Former Plot 3) Castlegate Caerphilly

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: The site lies approximately 1.5 km. west of Caerphilly Town Centre and is located to the north of the existing Castle View housing estate.

Site description: The site forms part of the Castlegate mixed use development, which was approved in outline in 2003. The site is currently undeveloped but is surrounded on all sides by residential development (i.e. either housing or care facilities), which have recently been completed or are under construction. The land grades downwards from west to east, albeit at a relatively gentle rate.

Development: The proposal is for the replan of part of the previously approved development to reduce the two and a half storey properties as these are, according to the applicant, difficult to sell as they provide a form of development which is, at present, not proving popular with the public.

The proposal involves the construction of 38 dwellings in the following form: 4 no. 2 bed houses. 18 no. 3 bed houses (semi-detached). 9 no. 3 bed houses. 7 no. 4 bed houses.

The original permission was for the provision of 44 units on this area. The current scheme provides for an overall reduction of 6 residential units at this phase. In appearance terms the dwelling types reflect what has previously been approved on this phase. Indeed the majority of them are dwellings that have actually been so approved.

Cont’d…. Application No. 08/0477/FULL Continued

Dimensions: The site is approximately 0.9 ha. in area and is comprised of four different blocks of housing dispersed through this phase of housing which was originally approved for 90 dwellings.

Materials: The walls of the houses are proposed to be finished in a mixture of different colour brickwork, with the roofs to be covered tiles.

Ancillary development, e.g. parking: The road layout will follow that which has previously been approved for the original permission.

PLANNING HISTORY

5/5/92/A755 - Erect residential development, leisure facility, hotel, restaurant and petrol filling station - Granted 20.05.93.

5/5/92/B755 - Construct golf course and amenity area - Granted 20.05.94.

5/5/92/C755 - Construct access road - Refused 20.05.93.

5/5/96/0168 - Vary Condition (B) of planning consent 5/5/92/A755 - Granted 28.02.97.

5/5/96/0182 - Vary Condition (B) of planning consent 5/5/92/A755 - Granted 28.02.97.

P/03/0926 - Erect mixed use development of housing, offices, hotel, public house, restaurant, medical centre/crèche and open space including all engineering and building operations and landscaping - Granted 23.12.03.

P/05/0133 - Erect 86 residential houses, flats, garages, fencing and associated engineering works - Withdrawn 21.03.05.

P/06/0041 - Erect residential development and associated works on Phase 3 and replan ten units on Phase 2 - Granted 11.05.06.

POLICY

Site Allocation

Development Plan: The Development Plan in force comprises the Mid-Glamorgan County Structure Plan (1989) and the Caerphilly Basin Local Plan (1983). In the latter Plan the site is shown as being within the settlement boundary and is allocated as one suitable for reclamation. The proposed after-use is indicated as residential/amenity.

Cont’d…. Application No. 08/0477/FULL Continued

Council Approved UDP: This Plan also shows the site as being within the identified settlement boundary. It does not however specify it for any particular use.

Policies

Development Plan: The Caerphilly Basin Local Plan specified the site as one suitable to be reclaimed and identified it for this purpose under Policy EV4 (iv) Penrhos Tip.

Council Approved UDP: Policy DC1 - Development Criteria is of relevance.

In considering the previous application (i.e. code ref. P/06/0041) a wide range of policies were applicable. These included those relating to site contamination, affordable housing, outdoor sports provision, drainage etc. The majority of the Castlegate site has now been developed; this phase is the last to be completed. As such the above remains the sole policy of relevance to this matter.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? Yes. It exceeds the 0.5 hectare threshold.

Was an EIA required? No. An EIA had however been submitted with the outline application for the remediation of the site (i.e. code ref. P/03/0926).

CONSULTATION

Group Manager (Transportation Planning) - made comments that required clarification in respect to the car-parking provision at the site. These comments have now been responded to by the submission of additional information addressing the points raised and no further comment has been made by the Group Manager in response.

Head Of Public Protection - raises no objection to the application, but requires a number of conditions to be imposed which are designed to control the development in respect of pollution.

Senior Engineer (Land Drainage) - comments that in view of the site history no objection is raised.

Dwr Cymru/Welsh Water - has not commented on this specific application but on the original submission it required a comprehensive drainage scheme to be approved and implemented. In the current circumstances it is considered that this condition should again be imposed.

Cont’d…. Application No. 08/0477/FULL Continued

Western Power Distribution - comments that it has apparatus within close proximity to the site.

Extent of advertisement: The application has been advertised by way of site and press notices, with 32 neighbouring properties being consulted directly.

Response: No responses have been received in respect to this consultation exercise.

Summary of observations: Not applicable.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No. The site was cleared as part of the Castlegate remediation works, which removed all potential habitats from the site.

ANALYSIS

Policies: The policy of relevance refers to the that relating to standard development criteria. In this respect the development is (1) compatible with its surroundings; (2) the houses proposed as replacements to those previously approved are well designed and of a scale and density in keeping with the remainder of the development and (3) it provides adequate off-street parking. As such it complies with the relevant criteria contained in this policy.

Comments from Consultees: None of the Standard Consultees raise objection to the application which could sustain a refusal of permission.

Comments from public: No comments were received on this application.

Cont’d…. Application No. 08/0477/FULL Continued

Other material considerations: The overall Castlegate site has had a lengthy and involved planning history. The current developments represent the rehabilitation of this former tipping site. This proposal is part of the final phase of residential development within this overall site, and is a relatively minor re-plan of the phase, which does not involve any alteration to the approved road layout, the agreed incidental open space provision or the general housing arrangement. In the circumstances this proposal is acceptable subject to the conditions specified below.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) Notwithstanding the landscaping plans already received, no development shall take place until there has been submitted to, and approved by, the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of development. Thereafter the scheme shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. REASON: In the interest of visual amenity.

03) No development shall take place until samples of the materials to be used in the construction of the external surfaces of the dwellings hereby permitted have been 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.

04) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that order with or without modification), no garages or extensions, including porches shall be erected (other than those expressly authorised by this permission). REASON: In order to retain effective control over the development.

Cont’d…. Application No. 08/0477/FULL Continued

05) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) order 1995 (or any order revoking or re-enacting that order with or without modification), no fences, gates or walls other than those authorised by this consent shall be erected within the curtilage of any dwellinghouse forward of any wall of that dwellinghouse which fronts onto a road. REASON: In order to retain effective control over the development.

06) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) order 1995 (or any order revoking or re-enacting that order with or without modification), no windows/dormer windows (other than those expressly authorised by this permission) shall be constructed. REASON: In order to retain effective control over the development.

07) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that order) the garage(s) approved as part of this development shall not be physically altered or converted to any other domestic purpose without the prior approval of the Local Planning Authority. The garage(s) shall be available at all times for the parking of motor vehicles associated with the residential use of the dwelling(s) hereby approved. REASON: In the interests of highway safety.

08) The buildings shall not be occupied until the area indicated for the parking of vehicle has been laid out in accordance with the submitted plans to the satisfaction of the Local Planning Authority and that area shall not thereafter be used for any purpose other than the parking of vehicles. REASON: In the interests of highway safety.

09) Notwithstanding the submitted plans, no works whatsoever shall commence on site until full engineering details of the road layout with sections, street- lighting and surface water drainage etc., have been submitted and approved by the Local Planning Authority. Thereafter the development shall be undertaken in accordance with those approved details. REASON: In the interests of highway safety.

10) The construction works on dwellings hereby approved, must be undertaken in a manner that must not undermine the integrity of the horizontal vapour barrier or other protective measures incorporated as part of the remediation works relating to Planning Permission no. P/03/0926. REASON: In the interests of residential amenity.

Cont’d…. Application No. 08/0477/FULL Continued

11) Prior to the development commencing on the construction of any roads, drainage, or buildings hereby approved a scheme for dust mitigation must be submitted and agreed in writing with the Local Planning Authority. Thereafter this agreed scheme shall be employed as necessary to deal with dust arising from construction works. REASON: In the interests of residential amenity.

12) Prior to the development of the dwellings hereby approved commencing, a scheme for noise mitigation during construction must be submitted to and agreed in writing with the Local Planning Authority. This scheme should include the extent of operational hours at the site and noise levels between those hours. These specified noise levels are required to be measured over one hour intervals and not the working day. REASON: In the interests of residential amenity.

13) Prior to the development commencing, the design of the gas protection measures, in the form of Volatile Organic compound resistant membranes, must be submitted to and agreed in writing with the Local Planning Authority. This design must include a passively vented void beneath the membrane. These measures must then be installed in all buildings hereby approved by this permission. REASON: In the interests of residential amenity.

14) Prior to occupation/beneficial use of the dwellings/buildings hereby approved a scheme for the validation of the top 500mm of subsoil and topsoil must be submitted to and agreed in writing with the Local Planning Authority. This must include the submission by the applicant and subsequent approval in writing by the Local Planning Authority of validation documents relating to specific plots. REASON: In the interests of residential amenity.

15) Prior to the development commencing details of an integrated and comprehensive drainage scheme, including foul and surface water and land drainage shall be submitted to and agreed in writing with the Local Planning Authority. Thereafter this agreed scheme shall be implemented concurrently with the development. REASON: To ensure that the site had adequate drainage provision.

16) All vehicular driveways shall have a minimum driveway length of 5 metres and a maximum gradient of 1 in 8. REASON: In the interests of highway safety.

17) All internal junctions shall be laid out, constructed and maintained thereafter with vision splays of 3 metres x 33 metres. REASON: In the interests of highway safety. Cont’d…. Application No. 08/0477/FULL Continued

18) This consent shall not relate to the location and disposition of the means of enclosure submitted. Prior to development commencing a further scheme relating to the means of enclosure shall be submitted and agreed in writing with the Local Planning Authority. Thereafter this agreed scheme shall be implemented concurrently with the development. REASON: For the avoidance of doubt as to the plans hereby approved.

19) Notwithstanding the requirement of Condition 14) above, prior to the development commencing a scheme for the importation to the site and testing for contamination of soils (other than those referred to in Condition 14) and materials must be submitted to and approved in writing by the Local Planning Authority and must include a validation report. The development shall thereafter be carried out in accordance with the approved scheme. The validation report shall include a statement to the effect that none of the materials contains or is suspected of containing Japanese Knotweed, asbestos or any material contaminated by natural or synthetic hydrocarbons. REASON: In the interests of residential amenity.

Advisory Note(s)

Please find attached the comments of Western Power, Head of Public Protection that are brought to the applicant's attention.

______Code No. and Date Name and Address of Description and Location of Received Applicant Proposed Development

08/0513/FULL Consensus Erect extension and modify 28.05.2008 Bradbury House care home 830 The Crescent Ty Chwarae Colchester Business Park Ffwrwm Road Colchester Machen Essex Caerphilly CO4 9YQ CF83 8NY

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: A residential care home with a private drive accessed from Ffwrwm Road near its junction with Cae Bach, at the southwest boundary of the settlement of Machen.

Site description: The application building is a bungalow set within its own curtilage accessed via a private drive. It is adjacent to existing residential properties and an open field that lies to the south. On site there is parking provision for more than three cars.

Development: The proposal is for the erection of a side extension to provide a further communal lounge.

Dimensions: The extension would be 4.5m wide, 4m in length and 4.6m high to the ridge.

Materials: Materials to match the host - rendered walls, stone quoins, and tiled roof.

Ancillary development, e.g. parking: More than three car parking spaces are provided at the property.

PLANNING HISTORY

06/0191/COU - Change the use to C3 communal residential dwelling - Granted 17.11.06.

P/04/0202 - Change the use of bungalow to respite care with amendments to previously approved design - Granted 08.04.04.

P/03/0959 - Construct residential bungalow - Granted 12.09.03.

P/02/1130 - Erect residential development - Granted 05.03.03.

Cont’d…. Application No. 08/0513/FULL Continued

P/99/0230 - Erect residential development - Granted 23.09.99.

P/98/0955 - Construct three private houses served by private access - Withdrawn 16.03.99.

POLICY

Site Allocation

Development Plan: There is no specific allocations in the Mid Glamorgan Structure Plan.

Council Approved UDP: Land within the settlement boundary.

Policies

Development Plan: There are no policies in the Mid Glamorgan Structure Plan of direct relevance to this proposal.

Council Approved UDP: DC1 (Standard Development Control Criteria).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? - No.

Was an EIA required? Not applicable.

CONSULTATION

Environment Agency (Wales) - Although there was originally an objection, and a flood consequence assessment (FCA) was required, following the provision of additional information, the objection was removed and the FCA is no longer required, but makes comments of which the applicant should be advised.

Head Of Public Protection - No objection, subject to conditions, and makes comments of which the applicant should be advised.

Group Manager (Transportation Planning) - No objection.

Senior Engineer (Land Drainage) - No objection and makes comments of which the applicant should be advised.

Cont’d…. Application No. 08/0513/FULL Continued

Bedwas, Trethomas & Machen Community Council - Object because the development will aggravate an unsatisfactory development, will be an over- intensification of the use of the site, and will be detrimental to highway safety.

Extent of advertisement: The application has been advertised on site and six neighbouring properties have been consulted.

Response: Letters (emails) have been received from two neighbours.

Summary of observations: One neighbour comments that the building is not currently being used as a Care Home, and that their publicity leaflet is inaccurate. The other neighbour comments upon other internal alterations, and the extant permission, surmising that there may be change of use to the premises 'by stealth'.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species?: No evidence has been brought to our attention.

ANALYSIS

Policies: The proposal to extend the care home would not be contrary to council policy, and would not have any adverse effects upon residential and visual amenity or the on site parking facilities. The extension would be in keeping with the character of the host building and would be of relatively modest proportions.

Comments from Consultees: Bedwas, Trethomas and Machen Community Council objects to the application, because there is an opinion that the existing development is unsatisfactory. The Council comments that the proposal would be an over intensification of the site with resultant traffic and road safety problems. The Group Manager (Transportation Planning) is satisfied with the proposals. The other issues are commented upon in the analysis above.

Cont’d…. Application No. 08/0513/FULL Continued

Following the receipt of more information, the Environment Agency amended their original response to 'no objection, and that a flood consequence assessment is not required. In respect of the comments about drainage of the proposal, the application form indicates an intention to use the existing system. The proposal would be erected on an area that is already an impermeable surface, and there would be no more surface run-off than there is at present. Thus, the proposed would be no worse than the existing situation.

Comments from public: The application does not seek to change the use of the proposals from that which was implemented previously. Even though planning permission has been approved more recently for the building to revert to a dwelling, the more recent permission was not implemented, thus the approved use is still as a care home. The extension would provide an additional lounge area, and although there would be other internal alterations to the host, these would be incidental to the use of the building as a care home. The proposal would not impact upon the ability of the applicant to comply with the imposed planning conditions.

Other material considerations: None.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) Before any soils or hardcore are brought onto site a scheme for their importation and testing for contamination, shall be submitted to and agreed in writing with the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme. REASON: To prevent contamination of the application site in the interests of public health.

Advisory Note(s)

Please find attached the comments of Dwr Cymru/Welsh Water, Senior Engineer (Land Drainage), Head of Public Protection, and Environment Agency (Wales) that are brought to the applicant's attention.

The following policy(ies) of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: Policy DC1.

______

Code No. and Name and Address of Description and Location of Date Received Applicant Proposed Development

08/0518/COU Formanta Ltd Change the use of vacant 01.05.2008 Plot 5 former post office to hot and Troed Y Bryn cold food takeaway Penyrheol Plot 2 Caerphilly Troed Y Bryn CF83 2PY Penyrheol Caerphilly CF83 2PX

APPLICATION TYPE: Change of Use

SITE AND DEVELOPMENT

Location: On the south-western side of Troed-Y-Bryn, Penyrheol, Caerphilly.

Site description: The property is a vacant single-storey former post office, adjacent to St Andrews Church and a newsagents, with a convenience store in close proximity. The shop front is set back off the wide pavement.

Development: Change the use of vacant former post office to hot and cold food takeaway.

Dimensions: External dimensions of the property would remain unchanged.

Materials: The external finishes of the property would be concrete roof tiles and rendered walls.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

No previous planning history.

POLICY

Site Allocation

Development Plan: Adopted Caerphilly Basin Local Plan - The site is within the settlement limit but not allocated for any specific use.

Council Approved UDP: Land within the settlement boundary but not allocated for any specific use. Cont’d…. Application No. 08/0518/COU Continued

Policies

Development Plan: Adopted Caerphilly Basin Local Plan - No relevant policies.

Council Approved UDP:

DC1 (Standard Development Control Criteria) DC4 (Supplementary Planning Guidance) R2 (Retail Centre Enhancement) R12 (Food and Drink Retailing)

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not Applicable.

CONSULTATION

Penyrheol Trecenydd & Energlyn Community Council - No comments received at the time of report preparation.

Dwr Cymru - Dwr Cymru has requested that any consent contains conditions regarding foul and surface water drainage, land drainage and grease traps.

Group Manager (Transportation Planning) - Raises no objection.

Head Of Public Protection - Raises no objection subject to conditions regarding opening hours, details of external plant, odour control, foul drainage, refuse storage and hygiene.

Police Architectural Liaison Officer - Police Architectural Liaison Officer raises no objection with regards to crime and disorder but does raises concerns over the increase in traffic and suggests a prevention of operation beyond 10pm without further application to the Local Planning Authority.

Extent of advertisement: Five neighbours notified, site notice posted.

Response: One.

Cont’d…. Application No. 08/0518/COU Continued

Summary of observations: The sub-wardens and church committee of St Andrew's Church raises the following objections:

1. The opening of another fast food business would increase the number of young people congregating in the street and would aggravate the current anti- social behaviour issues.

2. The opening of a fast food outlet would increase the amount of litter in the area.

3. There are already fast food outlets in the area.

4. The opening of a fast food outlet into the night would have an adverse impact on the level of traffic.

5. The opening of a fast food outlet would cause a noise nuisance that would affect church services in the evening and residential amenity late at night.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? Although the sub-wardens and church committee of St Andrew's Church raise objection on the grounds of anti-social behaviour it should be noted that the Police Architectural Liaison Officer raises no objection with regard to crime and disorder.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? This is not an issue in this case.

ANALYSIS

Policies: The proposed use of the premises is compatible with other land uses in the vicinity and has regard for the safe, effective, and efficient use of the transportation network. It should be noted that Group Manager (Transportation Planning) has raised no objection to the proposed change of use. Conditions have been attached to ensure that the proposal would not have an unacceptable impact in terms of pollution. Therefore the proposal complies with policy DC1 of the Council Approved Unitary Development Plan.

Cont’d…. Application No. 08/0518/COU Continued

Policy R2 states that development will be favoured where it involves the enhancement of the infrastructure, amenity and environment of town, district and local centres, by means of appropriate redevelopment, refurbishment or environmental schemes, providing a town centre action plan is not undermined. The proposed change of use does not undermine a town centre action plan and in its existing state the property is dilapidated and an eyesore. As such the proposed redevelopment would provide an improvement to the visual amenity and would comply with this policy.

Policy R12 states that new proposals for A3 uses, or change of use to A3 uses will only be permitted where: they are in accord with the requirements of policies R8 and R9 if applicable; opening times of hot-food takeaways are restricted to reasonable hours, particularly where residential properties are nearby; and the proposal would not result in an unacceptable loss of residential amenity by virtue of noise, smell or other nuisance. It should be noted that in this instance polices R8 and R9 do not apply. It should also be noted that Conditions have been attached that would restrict opening times in accordance with the UDP policy and to prevent the loss of residential amenity by virtue of noise, smell or other nuisance.

The A3 use as a hot/cold food takeaway would be considered to be acceptable, subject to conditions, and would not be in conflict with development plan policy.

Comments from Consultees: Dwr Cymru/Welsh Water has requested that any consent contains conditions regarding foul and surface water drainage, land drainage and grease traps.

Group Manager (Transportation Planning) raises no objection.

Group Manager (Public Protection) raises no objection subject to conditions regarding opening hours, details of external plant, odour control, foul drainage, refuse storage and hygiene.

Police Architectural Liaison Officer raises no objection with regards to crime and disorder but does raises concerns over the increase in traffic and suggests a prevention of operation beyond 10pm without further application to the Local Planning Authority. However that would be contrary to UDP policy that allows opening until 11.00pm (10.00pm on Sunday) in areas where there is housing.

Comments from public: With regards to comments of the sub-wardens and church committee of St Andrew's Church the Council's comments are as follows:

1. It should be noted that the Police Architectural Liaison Officer has raised no objections on the grounds of crime and disorder.

Cont’d…. Application No. 08/0518/COU Continued

2. The issue of litter is not a concern of this planning application. This is covered by Environmental Health legislation. It should be noted that the Council's Public Protection department has raised no objection on these grounds.

3. Existing provision or competition between uses is not a concern in the determination of this planning application.

4. It should be noted that the Council's Public Protection department have requested that a condition be attached to any permission that restricts the hours of opening in line with the Council's UDP policies.

5. It should be noted that the issue of is covered by Environmental Health legislation. It should be noted that the Council's Public Protection department has raised no objection on these grounds.

Other material considerations: The development is considered acceptable in all other aspects.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) Details of any external plant, including vents and extract units shall be submitted to and agreed in writing to the Local Planning Authority before the commencement of such works. Any such work shall be carried out in accordance with the agreed details. REASON: In the interest of residential amenity.

03) The development hereby permitted shall not commence until a scheme of odour/effluvia/fume control, including the erection of any associated stacks or vents, has been submitted to and approved in writing by the Local Planning Authority and thereafter the development shall be carried out and operated in accordance with the approved scheme. REASON: In the interests of the amenity of the area.

Cont’d…. Application No. 08/0518/COU Continued

04) The use hereby permitted shall not be open to customers outside the following times: (a) 07.00 hours to 23.00 hours Monday to Saturday, and (b) 07.00 hours to 22.00 hours Sunday. REASON: In the interests of residential amenity.

05) Before works commence on site a scheme for on-site refuse storage and collection of waste material awaiting disposal, including any details of open air storage facilities and its screening, shall be submitted to and agreed in writing by the Local Planning Authority. Such facilities shall be provided in accordance with the agreed details prior to the first occupation of the development and thereafter permanently retained unless otherwise agreed in writing by the Local Planning Authority. REASON: In the interests of public health and the amenity of the area.

06) A grease trap shall be installed in the foul drainage system prior to the commencement of the use hereby approved. REASON: To prevent pollution.

07) Details of foul water, surface water and land drainage shall be submitted to and agreed in writing with the Local Planning Authority before the use hereby approved commences and shall be carried out in accordance with the agreed details before the use hereby approved commences. REASON: To ensure proper drainage of the site.

Advisory Note(s)

Please find attached the comments of Head of Public Protection and Dwr Cymru/Welsh Water that are brought to the applicant's attention.

The following policy(ies) of the Council Approved Unitary Development Plan are relevant to the conditions of this permission: DC1, R2, R12.

______

Code No. and Name and Address of Description and Location of Date Received Applicant Proposed Development

08/0532/COU Mr C Spalding Change the use from mixed 06.05.2008 Cartref residential/guest house use 2 Pant Road providing two guest bedrooms Newbridge to mixed residential/guest NP11 5FL house use providing five guest bedrooms Cartref 2 Pant Road Newbridge NP11 5FL

APPLICATION TYPE: Change of Use

SITE AND DEVELOPMENT

Location: On the west side of Pant Road (A467), close to its junction with Central Avenue.

Site description: The site comprises a large two-storey semi-detached dwelling with attic accommodation in mixed residential/guesthouse use. The property has a gravelled rear curtilage containing a two-storey annexe. The property is bounded by dwellings to either side and on the opposite side of the A467, and to the rear, by the route of the former Crumlin arm of the Monmouthshire and Brecon Canal.

Development: Permission is sought for a change of use of the property from a mixed residential/guesthouse use providing two guest bedrooms to a mixed residential/guesthouse use providing five guest bedrooms.

Dimensions: Not applicable.

Materials: Not applicable.

Ancillary development, e.g. parking: A parking layout has been provided indicating five parking spaces within the rear curtilage and two within the front curtilage.

PLANNING HISTORY

P/04/0051 - Convert and extend existing garage/workshop to create granny annexe and erect single garage - Refused 09.03.04.

P/04/0531 - Convert existing garage workshop to create granny annexe - Granted 09.06.04. Cont’d…. Application 08/0532/COU

P/04/1905 - Partly convert dwelling to form bed and breakfast - Granted 10.03.05.

POLICY

Site Allocation

Development Plan: Adopted Islwyn Local Plan - the site lies within the settlement envelope.

Council Approved UDP: The site lies within the settlement boundary.

Policies

Development Plan: Adopted Islwyn Local Plan - Policy T1 (tourism facilities).

Council Approved UDP: Policies DC1 (development criteria) and L12 (tourism development).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - Objects to the proposal on the grounds that additional turning movements on the A467 would create increased hazards, and the lack of adequate off-street parking and turning provision for the development.

Head Of Public Protection - No objections in principle.

Extent of advertisement: The occupiers of five neighbouring properties were notified by letter and a site notice was displayed.

Response: Four letters (from three neighbouring dwellings).

Cont’d….

Application 08/0532/COU

Summary of observations: Inadequate parking and turning space, causing vehicles to • 'spill out' onto the A467 and reversing movements onto the A467. • Noise nuisance. • Loss of privacy. • Inadequate sewage system. • Inappropriate advertising and lighting to front elevation. • Breach of conditions attached to existing planning permissions.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonably can to prevent crime and disorder in its area? Crime and disorder are not considered to be issues in this case.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies: Policy T1 of the Adopted Islwyn Local Plan states that proposals for the development of tourism facilities will be favourably considered if the use does not conflict with adjoining uses in terms of noise, increased activity or traffic generation, any development harmonises with its surroundings in design terms, and suitable access and parking can be achieved.

Policy L12 of the Council Approved Unitary Development Plan (UDP) states that proposals for the development of tourism facilities will be permitted where together with other existing and permitted developments in the area the development would not overload the capacity of the local facilities and infrastructure. Any proposal would also need to meet the general development criteria contained in Policy DC1 of the UDP.

Permission was granted in March 2005 for the partial conversion of the dwelling to bed and breakfast accommodation (P/04/1905); the submitted floor layouts indicated that two of the first-floor bedrooms would be used as guest accommodation. Group Manager (Transportation Planning) had objected to the proposal on the grounds that the development would result in turning and reversing movements on the A467, and officers had recommended refusal on that basis and on the ground that the use (the original proposal was for three guest bedrooms) and associated parking areas would result in the property losing its residential character and appearance.

Cont’d…. Application No. 08/0532/COU Continued

The use of the property was subsequently investigated and it appeared that three bedrooms rather than two were being used as guest accommodation, and that rooms within the outbuilding which had been converted to ancillary accommodation were also being used as guest accommodation. Breach of Condition Notices were served in January 2008 in respect of those breaches.

The current application seeks permission for the change of use of the property from a mixed residential/guesthouse use providing two guest bedrooms to a mixed residential/guesthouse use providing five guest bedrooms. The submitted floor layout drawings indicate that one of those guest bedrooms would be provided within the dwelling and the other four in the annex. The submitted block layout indicates five parking spaces within the rear curtilage and two within the front curtilage.

Group Manager (Transportation Planning) objects to the proposal on the grounds that the additional guest bedrooms would create additional turning movements on the A467 which would create increased hazards and be detrimental to the free flow of traffic, and that the lack of adequate off-street parking and turning provision would generate additional on-street parking and reversing movements on the A467. It should be noted that the submitted parking layout does not appear to be achievable.

The property is one of a semi-detached pair and adjoins a detached dwelling on the other side. While the A467 is a busy main road identified as part of the Borough's core network, this section of Pant Road is residential in nature and it is considered that the more intensive use of the dwelling and annex comprised in the proposal would result in increased loss of privacy and increased noise nuisance for neighbouring dwellings, and more particularly the attached dwelling.

It is recommended, therefore, that permission be refused on the grounds of both highway safety and residential amenity.

Comments from Consultees: Group Manager (Transportation Planning) - comments addressed above. Head of Public Protection has no objections in principle.

Comments from public: The main grounds of objection have been addressed above. Signage and other attachments to the front elevation have been investigated - some have deemed consent under the Advertisements Regulations, and it is understood that others have been removed. It is understood that the problem with the sewage system has been investigated by the appropriate body.

Other material considerations: None.

Cont’d…. Application No. 08/0532/COU Continued

RECOMMENDATION that Permission be REFUSED

The reason(s) for the Council’s decision is/are

01) The proposed development would create additional turning movements on the A467 which would create increased hazards and be detrimental to the free flow of traffic; the development is, therefore, contrary to the provisions of Policy T1 of the Adopted Islwyn Local Plan and Policies DC1, T3 and L12 of the Council Approved Unitary Development Plan.

02) The lack of adequate off-street parking and turning provision for the development would generate additional on-street parking and reversing movements on the A467 to the detriment of highway safety. The development is, therefore, contrary to the provisions of Policy T1 of the Adopted Islwyn Local Plan and Policies DC1, T3 and L12 of the Council Approved Unitary Development Plan.

03) The increased activity associated with the proposed increase in the number of guest bedrooms would be detrimental to the residential amenity of neighbouring occupiers by virtue of increased noise and loss of privacy. The development would, therefore, be contrary to the provisions of Policy T1 of the Adopted Islwyn Local Plan and Policy DC1 of the Council Approved Unitary Development Plan.

Code No. and Name and Address of Description and Location of Date Received Applicant Proposed Development

08/0548/ADV Aldi Stores Ltd Erect 48 sheet signage board 30.05.2008 C/O Mr T Moreton Aldi Store Ltd Turley Associates Bedwas Road 10 Queen Square Caerphilly Bristol CF83 3AX BS1 4NT

APPLICATION TYPE: Application to Display Adverts

SITE AND DEVELOPMENT

Location: On the north-western side of Bedwas Road, Caerphilly.

Site description: Detached commercial food retail store in a mixed use area, set back from the main highway, on a predominantly residential street.

Development: Erect 48 sheet signage board adjacent to highway.

Dimensions: 6.4 metres wide by 4.87 metres in height.

Materials: External finishes of the proposal would be a plywood face on steel upright frames.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

5/5/89/0199 - Change use to private members snooker club - Granted 09.08.89.

P/97/0122 - Change of use for one day per week (Sunday) to open market - Withdrawn 29.04.97.

P/03/1435 - Erect foodstore (within Class A1) together with ancillary car parking, access and servicing arrangements - Refused 07.10.04.

P/04/1034 - Erect foodstore (within Class A1) together with ancillary car parking, access and servicing arrangements - Not determined - 10.02.05.

P/05/0792 - Erect foodstore (within Class A1) together with ancillary car parking, access and servicing arrangements - Withdrawn 09.03.06.

Cont’d…. Application 08/0548/ADV Continued

P/06/0271 - Erect foodstore (within Class A1) together with ancillary car parking, access and servicing arrangements - Granted 06.10.06.

POLICY

Site allocation

Development plan: Adopted Caerphilly Basin Local Plan - The site is within the settlement limit.

Council Approved UDP: Land within the settlement boundary.

Policies

Development plan: Adopted Caerphilly Basin Local Plan - there are no policies of direct relevance to this proposal.

Council Approved UDP:

DC1 (Standard Development Control Criteria) DC4 (Supplementary Planning Guidance)

Development Design Guidance 8 (Advertisements) gives advice on the size, shape and position of advertisements.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Caerphilly Town Council - Raises objection on the grounds that the size of the proposed signage would be prohibitive which would have a detrimental impact on highway safety due to its proximity to the highway.

Group Manager (Transportation Planning) - Raises no objection subject to conditions regarding obscuring of road signage and no directional signage or signage of a religious, political or obscene nature.

Cont’d…. Application 08/0548/ADV Continued

Extent of advertisement: Twenty-seven neighbours notified and a site notice posted.

Response: None.

Summary of observations: Not applicable.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? This is not an issue in this case.

ANALYSIS

Council Adopted Development Design Guide 8 for "Advertisements" states that if a street is predominantly residential the sign should not be prominent. By virtue of the predominantly residential nature of Bedwas Road and the prominent location of the sign in close proximity to the junction with Bedwas Road the proposal is contrary to this guidance.

Design Guide 8 states that larger poster panels will only be appropriate in commercial or industrial areas where they will still be expected to relate well to the scale of existing buildings and architectural features that they possess. By virtue of its large scale and the predominantly residential nature of Bedwas Road the proposal is contrary to this guidance.

Cont’d…. Application 08/0548/ADV Continued

Design Guide 8 also states that the signage should not dominate the street, or the vista along the street and that free-standing signs should be set back from the road frontage by at least two metres. By virtue of its position adjacent to the public footpath the proposed signage would dominate the vista down Bedwas Road and would be an incongruous element in the street scene and have a detrimental impact on the visual amenity of the area, contrary to this guidance.

Furthermore, in view of the existing signage at the premises, it is felt that the proposed signage would create an appearance of visual clutter around the entrance to the site, contrary to the above guidance.

Comments from Consultees: Group Manager (Transportation Planning) raises no objection subject to conditions.

Caerphilly Town Council raises objection on the grounds that the sign would have a detrimental impact on highway safety due to its proximity to the highway.

Comments from public: None.

Other material considerations: None.

RECOMMENDATION that Permission be REFUSED

The reason(s) for the Council’s decision is/are

01) The sign by virtue of its large scale and prominent location adjacent to the highway in an area of mixed use that is predominantly residential to the detriment of visual amenity. The additional signage would also create a cluttered appearance at the entrance to the site. The proposal is therefore contrary to Policy DC1 of the Council Approved Unitary Development Plan and the Council’s Development Design Guide 8 for "Advertisements".

Advisory Note(s)

The following policy(ies) of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: DC1.

______

Code No. and Name and Address of Description and Location of Date Received Applicant Proposed Development

08/0556/LA CCBC Construct a park & ride 10.06.2008 Director Of The Environment facility near Bargoed Railway Council Offices Station and the proposed bus Pontllanfraith station as part of the Greater Blackwood Bargoed CRS NP12 2YW Land Near Railway Station Station Road Bargoed

APPLICATION TYPE: Local Authority Application

SITE AND DEVELOPMENT

Location: The application site is located at the northern end of Angel Way, currently under construction. The car park will connect directly to the new road via the Station Road roundabout, which also links with Angel Way for southbound and cross valley traffic, the proposed new bus station, Station Road near Bargoed Railway Station and the Bargoed town centre.

Site description: The application site lies on steeply inclined ground made up generally of colliery spoil material. The River Rhymney lies at the bottom (eastern end) of the sloping land, with the Bargoed Country Park on the opposite side of the river.

Development: Construction of a Park and Ride facility to service Bargoed Railway Station and act as a drop-off for the bus station which forms part of the scheme currently under construction. Designated spaces for disabled motorists and parking for taxis will be incorporated into the layout. It will be necessary to create a plateau to provide the landform on which to construct the park and ride, this plateau being supported by a retaining structure in the form of a reinforced earth embankment set at a 60 degree angle. The embankment would be very similar to that currently being constructed to support the retail development plateau near the centre of Bargoed. The original submission has been amended to reduce the land take of the plateau, and more recently to draw back from the banks of the River Rhymney to avoid any possible conflict with the flood zone of the river.

Dimensions: The application site is 7000 sq metres in size and the park and ride facility itself will accommodate approximately 90 spaces.

Materials: It is currently proposed that the pleatau will be created from colliery spoil in the same manner as the retail development plateau currently under construction. The car park itself will be surfaced in a permanent material. Cont’d…. Application No. 08/0556/LA Continued

Ancillary development, e.g. parking: An existing footpath link provides pedestrian access through the country park between Station Road, Bargoed and Commercial Street, Aberbargoed. A section of the footpath passes through the proposed development site and it is proposed to realign it via a ramp to maintain the link. It is intended that the reinforced earth embankment face will be landscaped (essentially grassed) in the same manner as the nearby retail development plateau, although the final detail of that landscaping has yet to be agreed. Landscaping within the car park will be in keeping with that developed for Bargoed, and CCTV and a lighting system will be installed.

PLANNING HISTORY

5/5/88/0568 - Reclaim land with mineral recovery to provide landform for highway, recreational, housing, employment and educational use - Granted 26.05.89.

5/5/94/0276 - Vary condition (G) of planning consent 5/5/88/0568 - Granted 26.05.89.

P/98/1016 - Vary conditions (1) and (2) of consent 5/5/94/0276 to allow works on site between 7.30 a.m. and 4.30 p.m. every Saturday (Monday to Friday as existing) - Withdrawn 24.12.98.

POLICY

Site Allocation

Development Plan: Within settlement limits and also an area identified for land reclamation in the Adopted Mid Rhymney Valley Local Plan.

Council Approved UDP: Outside the settlement boundary, within an area identified for reclamation and the development of a country park, and in a green wedge.

Policies

Development Plan: EV4 (general development control criteria), EV6(iii) (land reclamation) of the Adopted Mid Rhymney Valley Local Plan.

Council Approved UDP: DC1 (development control criteria), D1(13) (land reclamation), L6 (allocation for development of a country park), C14(8) (green wedge).

Cont’d…. Application No. 08/0556/LA Continued

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? Yes.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - No objection subject to conditions requiring details of boundary treatments to allow for appropriate visibility, and to prevent light spillage onto the A469 from vehicles using the park and ride, be submitted for the approval of the Local Planning Authority. Also that the park and ride shall be surfaced in a permanent bound material prior to it first being used.

Head Of Public Protection - Requests that conditions controlling the importation of soils and materials to the site to ensure no contamination, and requiring a scheme of lighting, be attached to any permission granted.

Senior Engineer (Land Drainage) - Notes that other than a statement that surface water run off will be disposed of to 'River Rhymney via existing highway drainage', no further information relating to drainage proposals has been provided. It is therefore recommended that prior to the commencement of any development comprehensive proposals showing how surface water, foul and land drainage flows from the site will be dealt with should be submitted for the approval of the Local Planning Authority.

Dwr Cymru/Welsh Water - Notes that the site is crossed by a trunk/distribution water main and gives advice on the procedures necessary to divert it.

Environment Agency (Wales) - Notes that the application site lies on the edge of a Zone C2 as defined by the development advice maps referred to under TAN 15 'Development Control and Flood Risk', but that following a site visit it has been established that the risk of flooding to the site is considered to be minimal. This is based on the channel topography and an undertaking from the developer that works will not encroach within 10 metres of the top of the right bank of the River Rhymney.

Conditions are requested to ensure a buffer zone of 10 metres and to ensure that all surface water from the parking areas is passed through an oil interceptor prior to being discharged into any watercourse.

Cont’d…. Application No. 08/0556/LA Continued

Glam/Gwent Archaeological Trust - An archaeological assessment of the wider area in which the application site is sited was carried out in 2003 and it concluded that development was unlikely to disturb any archaeological remains of significance in this area and there no other recorded archaeological sites or features within the application area.

Police Architectural Liaison Officer - Notes that park and ride facilities often prove to be an attraction to persons intent on crime, vandalism and other forms of anti-social behaviour and therefore gives advice on consultation necessary in respect of lighting and CCTV.

Extent of advertisement: neighbour notification, site and press notices.

Response: None received.

Summary of observations: Not applicable.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? The Architectural Liaison/Crime Prevention Officer has noted that park and rode facilities often prove to be an attraction to persons intent on crime, vandalism and other forms of anti-social behaviour. He notes the intention to provide an appropriate lighting and CCTV system and that footpaths and pedestrian ramps will provide access to/from the car park and link to the bus station. He therefore recommends that full consultation be carried out with regards to the location of the lighting and CCTV to provide full coverage of the area.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

Cont’d…. Application No. 08/0556/LA Continued

ANALYSIS

Policies: The provision of a park and ride facility close to the rail station and bus station is to be welcomed since it may encourage the public to utilise public transport wherever possible. The construction of the plateau on which to provide the park and ride facility will result in an imposing steeply inclined structure opposite the northern end of the country park. However, the use of such a structure does assist in greatly reducing the footprint of the development. The landscaping and maintenance of that landscaping will be a key feature in ensuring that the long terms appearance of the structure is acceptable. Similarly, the materials used on the hard landscaping - walls, fences, lighting columns etc, will also be important in blending the development in with the design features of the road, proposed bus station and town centre. None of these details are yet available so their submission and approval need to be conditioned.

Comments from consultees: As a result of comments from the Environment Agency, the footprint of the development area has been moved away from the flood zone associated with the River Rhymney.

Comments from public: None received.

Other material considerations: None.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) This permission relates to Drawing Numbers 5189-P&R-PA02, PA03 and PA04 received on 30th July 2008. REASON: To clarify the development hereby granted permission.

03) Prior to the commencement of any development comprehensive proposals showing how surface water, foul and land drainage flows from the site will be dealt with shall be submitted to and approved by the Local Planning Authority. The approved details shall be fully complied with unless otherwise agreed in writing with the Local Planning Authority. REASON: To ensure the satisfactory drainage of the site.

Cont’d…. Application No. 08/0556/LA Continued

04) Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. REASON: To prevent pollution of the water environment.

05) A buffer zone of 10 metres of the top of the right bank of the River Rhymney shall be kept free from all development and activities / operations associated with the development hereby approved. REASON: To minimise the risk of flooding.

06) Unless otherwise agreed in writing with the Local Planning Authority, within one month of the date of this permission, full details of the hard and soft landscaping (which shall include all walls, fences, surface materials, lighting and CCTV, together with the treatment of the earth retaining structure) together with details of a scheme of maintenance of all soft landscaping shall be submitted for the approval of the Local Planning Authority. The approved hard landscaping details shall be implemented before the development is first used, and the approved soft landscaping details shall be implemented in the first planting season following the completion of the development. REASON: To ensure the satisfactory landscaping of the development.

07) Notwithstanding the submitted plans, details of boundary treatments to allow for appropriate visibility, and to prevent light spillage onto the A469 from vehicles using the park and ride facility shall be submitted to and approved by the Local Planning Authority. The approved details shall be full implemented before the development is first used. REASON: In the interests of highway safety.

08) The park and ride facility shall be surfaced in a permanent bound material, details of which shall have been agreed with the Local Planning Authority, prior to its first use. REASON: In the interests of highway safety.

09) Before any soils or hardcore are brought onto site a scheme for their importation and testing for contamination, shall be submitted to and agreed in writing with the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme. REASON: To prevent contamination of the application site in the interests of public health.

Cont’d…. Application No. 08/0556/LA Continued

10) Prior to the commencement of the development a scheme shall be submitted to and approved in writing by the Local Planning Authority for external site lighting including details of the lighting units, levels of illumination and hours of use. No lighting shall be provided at the site other than in accordance with the approved scheme. REASON: In the interests of residential amenity.

Advisory Note(s)

Please find attached the comments of Senior Engineer (Land Drainage), Environment Agency (Wales), Head of Public Protection and Police Architectural Liaison Officer that are brought to the applicant's attention. ______Code No. and Name and Address of Description and Location of Date Received Applicant Proposed Development

08/0571/COU Mrs T A Darlow Change of use from A1 shop 13.05.2008 C/o Derek Prosser Associates to A2 (financial and 6 Rose Court professional services) Ty Canol 52 Cardiff Road Cwmbran Caerphilly NP44 6JH CF83 1JQ

APPLICATION TYPE: Change of Use

SITE AND DEVELOPMENT

Location: The retail unit at 52, Cardiff Road, Caerphilly.

Site description: A retail unit in Caerphilly town centre – outside the Primary area of the Cardiff Road shopping area, as defined in the UDP.

Development: Change of use from shop (Use Class A1 retail) to financial and professional services (Use Class A2).

Dimensions: The unit is 5 metres wide and extends 13 metres from front to rear.

Materials: No changes are identified.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

P/04/0719 - Change the use to shoe repairs and key cutting - Granted 29.07.04.

POLICY

Site Allocation

Development Plan: Mid Glamorgan Structure Plan - no specific allocations.

Council Approved UDP: Land within settlement boundary, allocated as retail.

Policies

Development Plan: No specific policies in the Mid Glamorgan Structure Plan.

Cont’d…. Application No. 08/0571/COU Continued

Council Approved UDP: Policies DC1 (Development Criteria); and R9 (Protection of District and sub-regional Town Centres).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Caerphilly Town Council - Objects because of the detrimental impact on the town council.

Group Manager (Transportation Planning) - No objection.

Extent of advertisement: 8 neighbours were notified by letter.

Response: 6 letters of objection have been received, and an 853 signature petition.

Summary of observations: The 8 identical letters from neighbouring retailers indicate that the retail outlets in Caerphilly Town Centre are experiencing difficulties in attracting shoppers, and they believe the reason to be too many non-retail uses. They identify 18 units they consider to be non-retail. Furthermore, they suggest that this proposal would be better located in one of the empty units in the side streets in Caerphilly Town Centre. The signatories to the petition seek a rate reduction because of the uncertainty for the future of the town centre caused by the re-development proposals, and that Council decision to allow non-retail uses have resulted in over 20 empty properties within the town.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? None.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

Cont’d…. Application No. 08/0571/COU Continued

ANALYSIS

Policies: The premises are located within the retail area of Caerphilly Town Centre, but outside the Primary Retail Area as defined in the Council Approved Unitary Development Plan The proposal is assessed against Policy R9 - Protection of district and sub-regional town centres, and Policy DC1 – which contains a set of development criteria against which all planning applications are assessed. Policy R9 states:- Changes of use of the ground floors of class A1 retail premises to a use outside this class, within the defined district or sub-regional town centres, will not be permitted where a continuous frontage of three or more premises without window displays would be created.

The existing use (the premises are currently vacant because the business has now ceased trading) for planning purposes is as a sweet shop (Use Class A1 - retail). The proposed use would be a use within the category of financial and professional services (Use Class A2), but the precise use has not been specified. However, the category includes uses, which the public would expect to find in town centres such as Estate Agents. The units on either side are occupied by a travel agent and a florist, both A1 uses, and both with window displays. Thus, this proposal would not result in the creation of a continuous frontage of three premises without window displays, satisfying that requirement of Policy R9.

There are no details which would conflict with the criteria of Policy DC1, and taking all these matters into account, the proposal would, therefore, be considered to be acceptable, and would not be in conflict with development plan policy.

Comments from Consultees: Caerphilly Town Council objects for the reason that the proposal is against current policy, and would be degrading to the town centre.

Comments from public: The comments from the neighbouring retailers and the stated reason for the petition rest firmly on the understanding that it is against Council policy to allow a change of use from A1 to A2 at this location. The analysis above explains that the proposal lies outside the Primary retail area and that it would be compliant with Council policies.

Other material considerations: Although it is indicated in the Access Statement that the premises would be wheelchair accessible, no details of any alterations to the front elevation have been submitted. If there is a need for a new ramped access it would be possible to achieve this internally. However, if the ramp should need to be external or the doorway needs widening, an application for permission for works to change the front elevation would be necessary.

Cont’d…. Application No. 08/0571/COU Continued

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

Code No. and Name and Address of Description and Location of Date Received Applicant Proposed Development

08/0604/FULL Co-Operative Group Ltd Site refrigeration plant on flat 28.05.2008 Old Bank Building roof Hanover Street Co-Operative Retail Services Manchester Ltd 8-10 Commercial Street Nelson Treharris CF46 6ND

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: The application property is situated on the corner of Commercial Street and Wern Crescent.

Site description: The application property is a large retail building that has been created out of three smaller properties. The property is two storeys high at the front with the corner property having a slightly higher ridgeline than the other properties in Commercial Street. The premises have a flat roofed extension to the rear that can only be accessed through the shop. The adjacent property in Commercial Street is a cafe with a flat above whilst there is a service yard to the rear of the premises with the first property in Wern Crescent being a domestic dwelling. At the time of the site visit by the case officer the domestic dwelling had the impression of being vacant. The application property is situated in a mainly commercial area although there are a number of residential properties along Wern Crescent and Thomas Street to the rear of the site.

Development: The proposal seeks full planning consent for the erection of refrigeration plant on the flat roof area to the rear of the premises. The plant is to be sited adjacent to the side wall of the two storey part of the property and there would be two units.

Dimensions: The plant measures 1.29m by 0.74m and is 1.49m high.

PLANNING HISTORY

5/5/93/0272 - Erect four first floor flats - Granted conditional 29.07.93.

P/01/0931 - Install 24hr ATM (cash machine) - Refused 26.10.01.

P/02/0180 - Retain 1m satellite dish for connection to ATM machine - Granted unconditional 18.04.02. Cont’d…. Application No. 08/0604/FULL Continued

P/01/0918 - Erect projecting sign and ATM surround - Refused 26.10.01.

P/02/0288 - Install 1.0 diameter satellite antenna on flat roof mounting - Withdrawn 21.03.02.

P/02/0239 - Erect three fascia signs and two double sided projecting signs - Granted conditional 19.04.02.

5/5/91/0773 - Change the use of first floor storage room (Class B8) to office use (Class A2) - Granted conditional 23.01.92.

P/97/0205 - Construct new fascia box over existing roller shutters, demolition of outside toilets - Granted conditional 24.04.97.

P/98/0311 - Erect single storey rear extension - Granted unconditional 27.05.98.

P/97/0201 - Erect illuminated sign - Granted conditional 24.04.97.

POLICY

Site Allocation

Development Plan: Within settlement limits in the Adopted Nelson and Treharris Local Plan.

Council Approved UDP: Within settlement limits.

Policies

Development Plan: The Adopted Nelson and Treharris Local Plan identifies the site as being within the Town Centre of Nelson.

Council Approved UDP: DC1 (Standard Development Control Criteria).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

Cont’d…. Application No. 08/0604/FULL Continued

CONSULTATION

Head Of Public Protection - Noise level information supplied with the application indicated that the units would not adversely affect neighbouring residents. Therefore no objections are raised to the application.

Extent of advertisement: The application was advertised by means of a site notice and neighbour letters.

Response: A petition was received from residents of Wern Crescent.

Summary of observations:

(1) Noise from the equipment, (2) There will be more deliveries to the premises, (3) Traffic problems along Wern Crescent, (4) There are existing nuisance problems with the store.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? None.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

With regard to the first point it should be noted that the Head of Public Protection has assessed the noise information submitted with the application and is satisfied that the plant will not have a detrimental impact on the amenity of neighbouring dwellings.

Cont’d…. Application No. 08/0604/FULL Continued

With regard to the second point it should be noted that the roof plant is sited such that it would only be visible from the rear of properties in Thomas Street some 25m to the south east of the site. Given the distance from the dwellings and the design and location of the plant it is not considered that it would have a detrimental impact on the visual amenity of those properties.

Comments from consultees: There were no objections received from statutory consultees.

Comments from public: Some of the objections raised by members of the public are addressed above. The other issues raised regarding delivery lorries, increase in trade at the premises and existing problems relating to noise and public order nuisance are not material planning considerations in the determination of this application.

Other material considerations: None.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) The refrigeration plant shall be painted prior to installation in a colour to be agreed in writing by the Local Planning Authority prior to works commencing on site and shall not thereafter be painted in any other colour without the written consent of the Local Planning Authority. REASON: In the interests of residential amenity.

Advisory Note(s)

The following policy(ies) of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: Policy DC1.

Code No. and Date Name and Address of Description and Location of Received Applicant Proposed Development

08/0631/FULL Mr & Mrs Martin Form new roof with four 27.05.2008 The Hollies bedrooms to existing Parc Avenue bungalow Caerphilly The Hollies CF83 3AZ Parc Avenue Caerphilly CF83 3AZ

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: The site is The Hollies, Parc Avenue, Caerphilly, located on the south- western side of a cul-de-sac of residential properties.

House Type: The site is a large plot containing an extended bungalow, a detached garage and a detached outbuilding in the rear garden in a residential cul-de-sac. The cul-de-sac has a mix of detached bungalows and semi-detached houses. The properties immediately to the side are bungalows, both with dormer roof extensions to the rear, and the taller bungalow to the north-west also has a dormer extension to the front elevation. There are two-storey houses on the opposite side of the road, and dormer bungalows to the rear in Hazel Grove.

Development: The proposal is to raise the roof to provide first floor accommodation with the inclusion of four dormer extensions, and a gable end to the rear elevation. This would include inserting gable-fronted dormers in the front and side elevations, and a first floor 'Juliet' style balcony at the rear elevation. The raised roof would be achieved by not only increasing the roof pitch, but also by raising some of the eaves by 1.2 metres. The resultant roof would have a ridge that would be 1.7 metres higher than the existing. The footprint of the bungalow would not be significantly increased, but the first floor would provide four new bedrooms and a large bathroom.

Dimensions: The site is 16 to 18 metres wide and 41 metres in length. The bungalow would be an irregular shape, varying in width from 11.5m wide at the front, to 7.2m wide in the middle. It would be 17.5 metres in length and a maximum of 6.1m in height. The existing bungalow is 4.25m in height.

Materials: The proposals would include rendered walls and a tiled roof. The dormer cheeks would be matching hanging tiles.

Ancillary development, e.g. parking: No car parking spaces are identified, although the property has a single garage, and adequate parking space on the driveway to the front.

Cont….. Application No. 08/0631/FULL Continued.

PLANNING HISTORY

08/0082/FULL - Form new roof with four bedrooms to existing bungalow - Refused 02.04.08.

POLICY

Site Allocation

Development Plan: Adopted Caerphilly Basin Local Plan - The site is on land within the settlement boundary.

Council Approved UDP: Land within settlement boundary, not allocated.

Policies

Development Plan: Policy EV2 (development criteria) of the Adopted Caerphilly Basin Local Plan.

Council Approved UDP: Policies DC1 (Development Criteria) and DC4 (Supplementary Planning Guidance); Development Design Guide 2 - ‘Householder Developments’.

CONSULTATION

Group Manager (Transportation Planning) - No objection.

Extent of advertisement: Ten neighbours were notified by letter.

Response: One letter has been received from a neighbour.

Summary of observations: The comment that all of their concerns in respect of the earlier scheme have been addressed in the revised application. However, they raise an issue in respect of the existing drainage connection to The Hollies, which happens to connect into an inspection chamber on their property, and they have experienced blockages and flooding as a consequence.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? None.

Cont….. Application No. 08/0631/FULL Continued.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No, but the Council's ecologist has requested that the applicants be advised of the potential for bats and nesting birds at the property.

ANALYSIS

Policies: This application is for a revised scheme following the refusal of the earlier proposal. This is a similar scheme in respect of the overall scale but differs in respect of much of the detail, i.e. smaller dormer extensions, a ‘Juliet’ style balcony instead of a full width walk-on balcony at the rear, lowering of some of the eaves and the use of vertical hanging tiles to disguise the height, and obscure glazing in necessary locations.

In the same manner as the earlier application, the proposed roof extension is firstly assessed against the development design guidance in terms of its scale, form and character. The host dwelling is an unusual shape because it was originally orientated at right angles to the rest of the street, i.e. before the other dwellings were built, the side elevation facing north was the front elevation facing open fields. The front and rear elevations have had extensions added to overcome this factor and attempt to align the dwelling with the orientation of the other more recent bungalows. This has resulted in the roof being more complicated than others in the vicinity. The raised roof would be achieved by not only increasing the roof pitch, but also by raising the eaves by 1.2 metres. The resultant roof would have a ridge that would be 1.7 metres higher than the existing. The resultant height of the building would not be a negative aspect of the proposal and, moreover, the alterations to the scheme would overcome the earlier objection to the complicated and irregular heights and shape of the roof. The inclusion of obscure glazing in the side dormer extensions would overcome the objections to the earlier application on the grounds of infringement of privacy of the neighbouring dwellings.

Consequently, the proposed roof extension and dormers would now comply with the specified criteria contained in the Council’s Development Design Guidance No.2, Householder Development”, and would be considered to be more in character with the host dwelling than the refused scheme. Although this new raised roof would result in this bungalow becoming more prominent in the street scene, it would not be considered to be detrimental to the street scene, and would not have any significant adverse effects upon neighbouring dwellings.

Comments from Consultees: Group Manager (Transportation Planning) raises no objection.

Cont…..

Application No. 08/0631/FULL Continued.

Comments from public: The neighbours’ comments in respect of drainage are not considered to be issues for the planning process to resolve, but are matters to be examined by the respective neighbours and possibly the relevant Drainage Authorities.

Other material considerations: In respect of the possibility of bats in the existing roof, the applicants were asked if they knew of any bats at the property. The applicants indicated that they had cleared the loft recently, and there had been no sightings of bats, and there did not appear to be any evidence of bat activity. The comments of the Council's ecologist should be forwarded to the applicants with the decision.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

Advisory Note(s)

Please find attached the comments of The Countryside and Landscape Manager that are brought to the applicants’ attention. ______Code No. and Date Name and Address of Description and Location of Received Applicant Proposed Development

08/0654/FULL Mr M Howell Erect house type 2 and garage 30.05.2008 Gelli Wen Farm Plot 27 Markham The Glade Blackwood Wyllie NP12 0PP Blackwood

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: The application site is on the former Wyllie Colliery Site, which is being redeveloped for housing. The plot is at the southern end of the site.

Site description: The site is steeply sloping, rocky, with some grass cover and woodland to the rear.

Development: The application seeks full planning permission for a detached split- level dwelling. The front of the dwelling will be three-storey in appearance, as it has rooms in the roof space. The rear of the property will be two-storey to accommodate the steepness of the site. Plans indicate an integral garage; play room, utility room and shower room on the ground floor, with a lounge over the garage, leading to a balcony, kitchen and master bedroom with en-suite facilities at first floor. Three further bedrooms with dormer windows are proposed in the roof space.

Dimensions: The plot is 13m wide and 26m deep at its centre. The house would have a footprint of 10.8m x 10.9m, and would be 9.2m high at the ridge.

Materials: Brown concrete roof tiles, and light brown/yellow bricks.

Ancillary development, e.g. parking: A parking area would be provided at the front of the site.

PLANNING HISTORY

2/11181 - Variation of Condition (1) of Planning Consent 2/7694 to enable a limited number of full skips to be stored on site overnight - Refused 02.04.93.

P/98/0655 - Erect residential housing development - Withdrawn 25.09.98.

P/99/0349 - Erect residential development - Granted 26.08.99.

Cont’d…. Application No. 08/0654/FULL Continued

P/02/0955 - Renew outline planning permission - Granted 25.10.02.

P/03/1030 - Erect house and garage (Plot 2) - Granted 24.02.04.

P/03/1223 - Erect eight houses and garages - Granted 24.02.04.

P/04/0167 - Erect six dwellings (Plots 9-13 & 23) - Withdrawn 05.07.04.

P/05/0089 - Erect detached dwellings (Plots 11, 12 & 13) - Withdrawn 07.03.05.

06/0007/FULL - Construct 4 four-bedroom town houses (Plots 14 & 15) - Withdrawn 17.08.06.

POLICY

Site Allocation

Development Plan: The site is outside the settlement envelope of Wyllie in the Adopted Islwyn Local Plan.

Council Approved UDP: The site is partially within the settlement boundary of Wyllie and identified as a site with planning permission for housing. It is also partially outside the settlement boundary and within a Special Landscape Area.

Policies

Development Plan: Policies D1-D6 (standard development control criteria) of the Adopted Islwyn Local Plan.

Council Approved UDP: Policy DC1 (standard development control criteria), DC2 (settlement boundary) and C12 (special landscape area) are relevant along with Development Design Guide No. 1 - Building Better Places.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

Cont’d…. Application No. 08/0654/FULL Continued

CONSULTATION

Dwr Cymru/Welsh Water - Has no objections subject to conditions concerning drainage.

Group Manager (Transportation Planning) - No objections subject to conditions concerning the retention of the garage and the provision of the parking area.

Head Of Public Protection - Has no objections subject to conditions concerning pollution and soil testing.

Senior Engineer (Land Drainage) - No objections subject to conditions concerning drainage.

Extent of advertisement: Four neighbouring properties were consulted about the development, and site notice posted.

Response: None.

Summary of observations: Not applicable.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? None.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies:The details of the proposed development are similar to other dwellings which have been constructed on this site, namely plots 14-21 on the northern side of the site. These details conform to the policies quoted above in terms of siting, massing and its overall impact upon the street scene. The site is only partially within the boundary of the previous outline planning consent for the redevelopment of the former colliery, and the additional land (to the west), which takes the site boundary to the edge of the woodland is outside the settlement boundary.

Cont’d…. Application No. 08/0654/FULL Continued

The site partially encroaches outside the settlement into the Special Landscape Area. Policy DC2 of the Unitary Development Plan presumes against development beyond that boundary except in certain circumstances. In this case the settlement boundary drawn in the UDP does not follow any clear feature on the ground, and the logical boundary to this development site is the edge of the woodland to the west of the application site. The majority of the house will be within the settlement but the garden will be outside running up to the woodland. There will be no harm to the character of the area or the Special Landscape Area, and so despite this minor incursion beyond the settlement boundary, the proposal would be acceptable in planning terms.

Conditions should be imposed clarifying the depth of the site, requiring details of levels, retaining structures, boundary treatment, and the protection of trees.

Comments from Consultees: No objection has been raised by the Group Manager (Transportation Planning) subject to conditions. Head of Public Protection has no objection subject to conditions. Senior Engineer (Land Drainage) does not raise objection subject to the details of foul surface water and land drainage being discharged. He notes that the consent of Welsh Water may be required as the connections indicated are to the existing drainage system on site. The views of Dwr Cymru/Welsh Water should be passed to the developer.

Comments from public: None.

Other material considerations: The development of this site involves the removal of material. It would appear that material has been deposited on land to the south of the site, which is unauthorised. That is a separate matter that is being pursued with the applicants.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) Prior to the commencement of works on site a scheme for the drainage of foul, land and surface water shall be submitted to and agreed in writing by the Local Planning Authority. All works that form part of the agreed scheme shall be carried out before any part of the development is occupied. REASON: To ensure the development is served by an appropriate means of drainage.

Cont’d…. Application No. 08/0654/FULL Continued

03) Prior to the commencement of the development a scheme shall be submitted to and agreed in writing by the Local Planning Authority to deal with the contamination of the site. That scheme shall include a ground investigation and a risk assessment to identify the extent of the contamination and the measures to be taken to avoid risk to the occupants of the development when the site is developed. The development shall be carried out in accordance with the approved scheme. REASON: In the interests of public health.

04) No building approved by this permission shall be occupied or approved uses commence until a report has been submitted to and approved in writing by the Local Planning Authority which verifies that the required works have been undertaken in accordance with the remediation strategy. REASON: To protect public health.

05) Before any soils or hardcore are brought onto site a scheme for their importation and testing for contamination, shall be submitted to and agreed in writing with the Local Planning Authority. The development shall thereafter be carried out in accordance with the approved scheme. REASON: To prevent contamination of the application site in the interests of public health.

06) The development shall not be occupied until the area indicated for the parking of vehicles has been laid out in accordance with the submitted plans and that area shall not thereafter be used for any purpose other than the parking of vehicles. REASON: In the interests of highway safety.

07) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any order revoking or re-enacting that Order, with or without modification, the garage(s) hereby approved shall not be physically altered or converted to any other domestic purpose without the prior approval of the Local Planning Authority. The garage(s) shall be made available at all times for the parking of motor vehicles associated with the residential use of the dwelling(s). REASON: In the interests of highway safety.

08) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no enlargement of the dwelling/s hereby approved shall be constructed without the approval of the Local Planning Authority. REASON: In the interests of residential amenity.

Cont’d…. Application No. 08/0654/FULL Continued

09) The access from the public highway to the plot shall be constructed to a minimum of base course level before the dwelling hereby approved is occupied. REASON: In the interest of highway safety.

10) The construction of the house foundations shall not begin until details showing the finished floor levels of the building hereby approved in relation to a fixed datum point off site have been submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in accordance with the approved details. REASON: In the interests of the residential amenity of the area.

11) Prior to the commencement of the development a scheme of screen walls and fences shall be submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be implemented in full before the occupation of any of the buildings approved in this permission. REASON: In the interests of the visual amenity of the area.

12) The curtilage of the dwelling hereby approved shall not extend beyond the site shown on drawing 3.4 entitled 'House Type/Plot Location' submitted with the agent's letter of 16 June 2008 to the local planning authority. REASON: For the avoidance of doubt as to the extent of this consent.

13) Prior to the commencement of work on site details including structural calculations, of any retaining structures at the development hereby approved, other than those regulated by the Building Regulations, shall be submitted to and agreed in writing with the local planning authority. The development shall be carried out in accordance with the agreed details. REASON: To ensure the adequate construction of structures.

14) No trees within or adjacent to the site subject of this consent shall be felled as part of the development or after its construction. REASON: In the interests of visual amenity.

Advisory Note(s)

The following policy(ies) of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: Policy DC1.

Please find attached the comments of Head of Public Protection, Dwr Cymru/Welsh Water, Group Manager (Transportation Planning), and Senior Engineer (Land Drainage) that are brought to the applicant's attention.

______

Code No. and Date Name and Address of Description and Location of Received Applicant Proposed Development

08/0682/FULL Mr G Mills Erect a three-storey four 09.06.2008 3 Clos-y-Graig bedroom detached house and Llancayo Street garage Bargoed Land Adjacent To Llwyndyrys CF81 8TT Western Drive Bargoed CF81 8PX

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: The application site is situated on the southern side of western drive approximately 10m from the junction with Hillside View.

Site description: The application site is a parcel of undeveloped land that is at a lower level than the adjacent highway. The land has been cleared in preparation for development and boundary walls have been constructed and foundations prepared. The land is bounded to the front by a weld mesh fence and to the rear is a small paddock where horses are kept. There is a dwelling to the east of the site and a grassed open space to the west.

Development: The proposal seeks full planning consent for the erection of a detached dwelling. The dwelling is proposed to be three storeys in height and would accommodate a cinema room, sauna/gym, changing room and play room on the ground floor, a living room, dining room, study and kitchen/breakfast room on the first floor and 4 bedrooms (3 with en-suite bathrooms) and a bathroom on the second floor. From a design perspective the dwelling would feature a projecting gable to the front elevation together with a porch over the front door and one third of the width of the dwelling would be set down from the ridge of the dwelling and in from the building line to give the impression of being an extension. A balcony runs the entire width of the rear of the dwelling and there is a chimney breast on the easternmost gable end.

Dimensions: The dwelling has overall measurements of 20.69m wide by 8.99m deep and would be 11m high from ground level.

Materials: The dwelling is proposed to be finished in a mixture of face brickwork and render with a slate roof.

Cont’d…. Application 08/0682/FULL Continued

Ancillary development, e.g. parking: Consent is also sought for the erection of a detached domestic garage together with parking and turning facilities. The garage will measure 6.5m by 5.9m and will be 4.5m high from ground level.

PLANNING HISTORY

5/5/86/0222 - Erect 6 No. detached dwellings - Granted 11.07.86.

5/5/88/0591 - Erect detached dwelling - Granted 15.02.89.

5/5/94/0151 - Erect detached dwelling - Granted 27.04.94.

5/5/94/0646 - Erect four bedroomed house - Granted 28.11.94.

P/00/0406 - Erect four bedroomed detached house - Refused 27.07.00.

P/04/0438 - Construct detached dwelling - Granted 09.06.04.

POLICY

Site Allocation

Development Plan: Within settlement limits in the Adopted Mid Rhymney Valley Local Plan.

Council Approved UDP: Within settlement limits.

Policies

Development Plan: Policy EV4 of the Adopted Mid Rhymney Valley Local plan provides standard development control criteria against which all application should be assessed.

Council Approved UDP: DC1 (Standard Development Control Criteria) DC2 (Settlement Boundary) H2 (Development on Unallocated Sites) C1 (Development in the Countryside) C13 (Trees, Woodlands and Hedgerows) L2 (Protection of Open Space).

Cont’d…. Application 08/0682/FULL Continued

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Principal Valuer - No comments received.

Dwr Cymru/Welsh Water - No objection subject to conditions.

Head Of Public Protection - No objection subject to a condition concerning imported soil.

Group Manager (Transportation Planning) - No objection subject to conditions.

Senior Engineer (Land Drainage) - No objection subject to conditions.

Extent of advertisement: The application was advertised by means of a site notice and neighbour letters.

Response: A petition was received from residents of Hillside View.

Summary of observations: (i) The application is being made in retrospect and works are well under way on the construction of the dwelling. (ii) The developer has encroached onto council owned land. (iii) Mature hedgerows and trees were removed from the land, has an environmental survey been carried out? (iv) The proposed dwelling would be out of keeping with the character of the area.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonable can to prevent crime and disorder in its area? None.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

Cont’d…. Application No. 08/0682/FULL Continued

ANALYSIS

Policies: The application has been considered in accordance with local plan policy and supplementary planning guidance. This application seeks consent for the erection of an alternative house design to that approved under application reference number P/04/0438 and as such the principle of the development is acceptable. Therefore the main points to consider in the determination of this application are the objections raised by the local residents and these are dealt with in turn: -

(i) Whilst it is regrettable that works have commenced on site prior to the grant of any planning consent, provision is made within planning legislation for retrospective planning applications to be considered. As such the fact that works have commenced on site is not in itself sufficient reason to refuse the application. The developer was asked why works had commenced on site prior to the grant of this consent and he has provided the following response: -

"In the knowledge that there is an outstanding consent on this site I commenced ground clearance works a few weeks ago in preparation for development. I made a start on site to keep 6 of my workforce employed rather than lay them off, until the new consent hopefully comes through in mid July. As you will be aware there is very little building development in progress and I certainly have no other projects which I can divert them too and there are very few other opportunities. The works undertaken on site have been done in good faith and in the belief that an implementable consent was in place."

The applicant also suggests that works had continued on site because, despite several meetings on site with Council Officers no advice was given to cease works. Evidence held by the Council indicates that the contrary is true and the developer's site agent was advised that a grant of planning consent should not be pre-empted by the continuation of works and that works should not continue on site.

(ii) This allegation refers to the land to the rear of the application site that is used for the keeping of horses. This land has been used for this purpose by the developer's father for a number of years and the use of the land is established in planning terms. However this land does not form part of the application site boundary and therefore the application has to be considered in accordance with the submitted detail. Nevertheless, it will be necessary for the physical boundary between the two parcels of land to be strengthened and this can be achieved by the imposition of a suitable condition.

(iii) Previously the land to the rear was separated from the application site by a mature hedgerow and bank of trees. This hedgerow and the trees were removed by the applicant after seeking advice from the Council's Arboriculturalist. It was considered that the trees

Cont’d…. Application No. 08/0682/FULL Continued were of poor quality and therefore could be removed whilst the hedgerow did not benefit from any form of protection. However it is considered that the hedgerow and trees provided a natural boundary between the application site and the land to the rear (which is outside settlement limits) and therefore it is suggested that replacement planting should be provided in this area. Again this can be achieved by the imposition of a suitably worded condition.

(iv) This is a subjective opinion based on the fact that the dwelling has a large mass and is three storeys high. However, details submitted with the application show that the dwelling is to be sited below road level such that when viewed in the street scene, it would appear to be two storeys high as opposed to three. The plans also show the height of the dwelling in comparison with the adjacent dwelling at Lwyndyrys and this shows that the street scene is not compromised by the development. From a design perspective the dwelling as first submitted had a number of features that were not acceptable and therefore amended plans were submitted by the developer. These indicate a dwarf wall to the front porch of the dwelling, more traditional height windows to the front elevation and the removal of all exposed timber. With these alterations it is considered that the dwelling is more in keeping with the character of the area.

Comments from consultees: No objections received.

Comments from public: The comments of members of the public are addressed above.

Other material considerations: Concerns have also been raised with regard to the importation of earth onto the land to the rear of the application site. Whilst this has no bearing on the determination of this application members are advised that the developer has been made aware of the Council's concern in this regard and an application for the retention of the material will be submitted in due course.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) The development hereby approved relates to plan jw348 - sp2 received on 9th June 2008 and plans jw348 - sp01A and jw348 - sp03A received on 1st July 2008. REASON: For the avoidance of doubt as to the details hereby approved.

Cont’d…. Application No. 08/0682/FULL Continued

03) The means of access shall be laid out with vision splays of 2.4m by 59m at the point of access and with splays of 4.5m by 59m when measured from the adjacent road junction across the site frontage prior to any other works commencing. No obstruction or planting when mature shall be placed or allowed to grow in the required vision splay areas. REASON: In the interests of highway safety.

04) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any order revoking or re-enacting that Order, with or without modification, the garage(s) hereby approved shall not be physically altered or converted to any other domestic purpose without the prior approval of the Local Planning Authority. The garage(s) shall be made available at all times for the parking of motor vehicles associated with the residential use of the dwelling(s). REASON: In the interests of highway safety.

05) Unless as otherwise agreed in writing with the Local Planning Authority the access to the proposed development shall be at a gradient not steeper than 12.5% (1 in 8). REASON: In the interests of highway safety.

07) Notwithstanding the submitted plans, prior to the commencement of any work involving the construction of retaining walls on site full engineering details and structural calculations for the proposed retaining walls, together with certification from an independent chartered civil or structural engineer that the proposals are structurally adequate and fit for their intended purpose shall be submitted to and agreed by the Local Planning Authority. Following construction of the agreed retaining walls additional certification from an independent chartered civil or structural engineer confirming that the works have been constructed in an appropriate manner and that they are physically fit for their intended purpose shall be supplied to the Local Planning Authority prior to occupation of the approved development. REASON: In the interests of highway safety.

Cont’d…. Application No. 08/0682/FULL Continued

08) Prior to the commencement of the development a scheme depicting hard and soft landscaping shall be submitted to and agreed in writing by the Local Planning Authority. The agreed details shall be carried out in the first planting and/or seeding season following the completion of the development. Any trees or plants which within a period of five years from the completion of the development die or are removed, or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. REASON: In the interests of the visual amenity of the area.

09) Prior to the commencement of the development a scheme shall be submitted to and agreed in writing by the Local Planning Authority indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the dwelling hereby approved is occupied. The development shall be carried out in accordance with the approved details. REASON: In the interests of the visual amenities of the area.

10) The details required by Condition 09) above shall provide for a screen of mature trees along the southern boundary of the site precise details of which shall be agreed in writing prior to any further works commencing on site. REASON: In the interests of the visual amenity of the area and in order to delimeate the boundary of the settlement limits.

11) Prior to the commencement of works on site a scheme for the drainage of foul, land and surface water shall be submitted to and agreed in writing by the Local Planning Authority. All works that form part of the agreed scheme shall be carried out before any part of the development is occupied. REASON: To ensure the development is served by an appropriate means of drainage.

Advisory Note(s)

The following policy(ies) of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: DC1.

The following policy(ies) of the Adopted Mid Rhymney Valley Local Plan is relevant to the conditions of this permission: EV4.

Please find attached the comments of Dwr Cymru/Welsh Water, Head of Public Protection, Group Manager (Transportation Planning) and Senior Engineer (Land Drainage) that are brought to the applicant's attention.

Cont’d…. Application No. 08/0682/FULL Continued

The applicant is advised of the need to ensure that works on site are at all times carried out in such a manner that the adjacent highway is not undermined as a result of this development.

Code No. and Name and Address of Description and Location of Date Received Applicant Proposed Development

08/0700/FULL Mrs N Raymond Erect single storey extension 11.06.2008 The Dog Spa to existing building to provide Cwmnantryrodyn eight kennels - detached store Pontllanfraith and isolation kennel Blackwood The Dog Spa NP12 2DU Cwmnantyrodyn Pontllanfraith Blackwood NP12 2DU

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: On the southern side of the minor road at the eastern edge of the hamlet of Cwmnantyrodyn.

Site description: The site comprises a large barn in use as a dog hydrotherapy unit ('dog spa'), a separate kennels structure and a large curtilage; the site has a fall from north-east to south-west. The site adjoins and shares a common access with a bungalow on its western side, occupied by the applicant, and is adjoined on all other sides by agricultural land.

Development: Permission is sought for the erection of a single-storey extension to the rear of the barn to provide 8 kennels, and of a detached store/isolation kennel.

Dimensions: The extension would measure 13.8m long x 4m deep with a height of 2.7m. The detached building would measure 5.5m x 7.1m with a height of 2.9m to the apex.

Materials: Rendered blockwork; profile roof sheets.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

2/03054 - Residential development - Refused 11.12.79.

P/03/1328 - Conversion of barn/outbuilding to a canine hydrotherapy unit - Approved 05.02.04.

Cont’d…. Application 08/0700/FULL Continued

P/05/1621 - Erect kennels extension and carry out internal alterations - Refused 11.5.06.

07/1044/FULL - Erect kennels extensions and isolation kennel - Refused 27.03.08.

POLICY

Site Allocation

Development Plan: Adopted Islwyn Local Plan - the site lies outside the settlement envelope and within a Special Landscape Area.

Council Approved UDP: The site lies outside the settlement boundary and within a Special Landscape Area.

Policies

Development Plan: Adopted Islwyn Local Plan - Policies D1-D6 (design of the built environment) and CE2 (development in special landscape areas).

Council Approved UDP: Policies DC1 (development criteria), DC2 (settlement boundary), C1 (development in the countryside) and C12 (special landscape areas).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Group Manager (Transportation Planning) - No objection subject to conditions recommended in respect of previous applications.

Head Of Public Protection - Requests conditions regarding the construction of the kennels and limiting the use to dogs undergoing treatment.

Senior Engineer (Land Drainage) - Proffers advice regarding the surface water drainage of the development.

Cont’d…. Application No. 08/0700/FULL Continued

Extent of advertisement: The occupiers of 9 dwellings in Cwmnantyrodyn were notified by letter and a site notice was displayed.

Response: 21 letters of objection, a petition against containing 212 signatures, 3 letters of support and a petition in support containing 49 signatures.

Summary of observations: Grounds of objection:-

• Additional traffic on the narrow lanes leading to the site would increase hazards. • Increase of business activity in the quiet rural hamlet located in a Special Landscape Area. • Increased noise nuisance from dogs barking. • It would set a precedent for further kennels on the site. • It would be impossible to ensure that only dogs undergoing treatment were kennelled. • There is an existing kennel facility in the area. • Increased health hazard.

The letters in support make the following points:

• There is a need for a Spa facility with accommodation. • The applicant's provide a high standard of care.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies: Policy DC2 of the Council Approved Unitary Development Plan (UDP) states that development beyond the settlement boundary would not be permitted except for certain defined categories of development. These categories include development associated with agriculture and forestry, and recreation and leisure proposals.

Cont’d…. Application No. 08/0700/FULL

Policy C1 of the UDP states that development in the countryside will only be permitted where it will not have a harmful impact on the character, amenity, landscape and nature conservation value of the area.

Policy CE2 of the Adopted Islwyn Local Plan and Policy C12 of the UDP state that development within Special Landscape Areas will only be permitted where the character and appearance of such areas will not be harmed.

Permission was granted for the conversion of part of a modern barn/outbuilding to a canine hydrotherapy unit in February 2004 (P/03/1328), subject to the hard-surfacing of the first 10m of the access from the public highway. Although it was considered a suitable use in a rural location not too far removed from the edge of the settlement, the original recommendation had been for refusal on highway grounds, the Chief Engineer (Highways) having considered that the narrow lanes serving the site are unsuitable to cater for additional traffic.

A subsequent application for the erection of a kennels extension (22 kennels) and internal alterations was refused permission in May 2006 on the grounds that the narrow lanes serving the site are unsuitable to cater for further development (P/05/1621). A further application was then submitted for the erection of kennels extensions along the rear and one side elevation of the barn to provide a total of 16 kennels, and the erection of a separate building to the rear of the barn to accommodate a store and an isolation kennel (07/1044/FULL). Officers recommended that permission be granted subject to conditions, including a condition restricting the use of the kennels to purposes ancillary to the hydrotherapy unit; however, following deferral by the Planning Committee permission was refused in March 2008 on the grounds that the highways serving the site are unsuitable for further traffic, and that the use of the kennels would give rise to a potential noise nuisance for residential occupiers in the vicinity of the site.

The current application is for an extension along the rear elevation of the existing building to accommodate 8 kennels. The submitted floor layout also indicates that the rear part of the barn which was not included in the original application site for the change of use, is being used for treatment and storage in connection with the 'dog spa'; this part of the barn lies between the hydrotherapy pool and the proposed kennels to the rear which would be partially accommodated within the existing building. The kennels would comprise an inner area accessed from a walkway and an outer ‘run’ enclosed by part plastic wall panels and part open grill fencing, accessed from an outer walkway enclosed by an open grill fence. This would all be roofed over with plastic-coated steel cladding and the ends of each of the two kennel blocks would be enclosed by rendered blockwork walls. An acoustic timber fence would be erected around the perimeter of the kennels.

Cont’d…. Application No. 08/0700/FULL Continued

The applicant has argued that the kennels are required to enable dogs residing some distance from the unit to be accommodated while undergoing a course of hydrotherapy, or to undergo a course of treatment while their owners are away on holiday.

The proposal also incorporates a detached building to accommodate a store and isolation kennels, sited to the rear of the barn in the south-eastern corner of the site.

While the proposed development does not fall within the categories of development identified by Policy DC2 of the UDP as acceptable outside of settlement boundaries, the nature of the use is more suited to rural or semi-rural areas away from main settlements. In policy terms, therefore, the proposal is considered to be acceptable subject to the general development criteria within Policy DC1 being satisfied.

The extension would be of modest dimensions and would be partially screened from the west (the only open view) by the proposed timber acoustic screen. It would be reasonably well screened from other directions by the acoustic screen and the general landform, and from the highway by the existing barn. It is not considered, therefore, that the development would have a harmful impact on the character or appearance of the Special Landscape Area.

The proposed development has again attracted considerable local opposition, predominantly concerned with the issues of noise nuisance and the inability of the local highway to accommodate further traffic.

In terms of potential noise nuisance, the applicant has previously submitted a noise assessment in respect of the proposal for a larger number of kennels; the Head of Public Protection concluded that the proposed noise attenuation measures would be sufficient to control any environmental impact from noise to neighbouring residential properties. In the unlikely event of a statutory noise nuisance arising, powers exist under Environmental Health legislation to require the carrying out of remedial measures to abate the nuisance. The Head of Public Protection requests conditions to be imposed on any permission requiring the kennels and acoustic fence to be constructed as per the submitted scheme, and limiting the use of the kennels to dogs undergoing treatment. It is considered that details of the acoustic timber fence should be agreed before the commencement of works.

The Group Manager (Transportation Planning) has considered the likely highway safety impact of the proposed development in terms of additional traffic movements, and has no objection to the proposed development subject to a condition limiting the use of the kennels to purposes ancillary and incidental to the dog hydrotherapy unit, in order to prevent a separate kennelling operation becoming established.

Cont’d…. Application No. 08/0700/FULL Continued

It is recommended that permission be granted subject to the conditions referred to above.

Comments from Consultees: Group Manager (Transportation Planning) - observations addressed above, Head of Public Protection - observations addressed above and Senior Engineer (Land Drainage) - comments will be forwarded to the applicant for information.

Comments from public: The main grounds of objection have been addressed above. The matter of existing alternative facilities in the area is not a material planning consideration. The issue of potential health hazard is addressed by means of details required by proposed conditions.

Other material considerations: None.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) This permission relates to the erection of an extension accommodating eight kennels and the erection of a detached store/isolation kennels. REASON: For the avoidance of doubt as to the development hereby approved.

03) The use of the kennels hereby approved shall be limited to purposes incidental and ancillary to the dog hydrotherapy unit. REASON: For the avoidance of doubt as to the approved use, in the interests of highway safety.

04) Before works commence on site, details of the proposed acoustic fence shall be submitted to and approved in writing by the Local Planning Authority. The fence shall be constructed in accordance with the approved scheme before first use of the kennels hereby approved, and shall be retained in place at all times. REASON: In the interests of the residential amenity of neighbouring occupiers.

Cont’d…. Application No. 08/0700/FULL Continued

05) Prior to the commencement of works on site a scheme for the drainage of foul, land and surface water shall be submitted to and agreed in writing by the Local Planning Authority. All works that form part of the agreed scheme shall be carried out before any part of the development is occupied. REASON: To ensure the development is served by an appropriate means of drainage.

06) Before works commence on site, arrangements for the storage, collection and disposal of all waste associated with the kennels, including waste feedstuffs and manure, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented before first use of the kennels and shall remain in operation at all times. REASON: In the interests of public health and the amenity of the area.

Advisory Note(s)

Please find attached the comments of Senior Engineer (Land Drainage) that are brought to the applicant's attention.

The following policy(ies) of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: DC1.

______Code No. and Date Name and Address of Description and Location of Received Applicant Proposed Development

08/0706/FULL Mrs D Hunt Convert loft on bungalow 12.06.2008 35 Hazel Grove 35 Hazel Grove Caerphilly Caerphilly CF83 3BN CF83 3BN

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: On the eastern side of Hazel Grove, Parc Avenue, Caerphilly.

House type: The host dwelling is a residential semi-detached bungalow.

Development: Conversion of loft space and construction of a dormer extension.

Dimensions: Dormer extension - 5.3 metres wide by 4.5 metres deep, and 1.6 metres high.

Materials: External finishes of the proposal would be a grey colour fibreglass roof and hanging tiles to the dormer walls to match the existing.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

08/0349/FULL - Convert loft - Refused 29.05.08.

POLICY

Site allocation

Development plan: Adopted Caerphilly Basin Local Plan - The site is within the settlement limit.

Council Approved UDP: Land within the settlement boundary.

Policies

Development plan: Adopted Caerphilly Basin Local Plan - Policy EV2 (Development Criteria).

Cont’d…. Application No. 08/0706/FULL Continued

Council Approved UDP:

DC1 (Standard Development Control Criteria). DC4 (Supplementary Planning Guidance).

Guidance Note 2 of the Council Adopted Development Design Guide for "Householder Development" gives advice on the size, shape and position of extensions and conservatories.

Guidance Note 4 of the Council Adopted Development Design Guide for "Householder Development" gives advice on the size, shape and position of dormer extensions and roof lights.

CONSULTATION

Group Manager (Transportation Planning) - Raises no objection.

Extent of advertisement: Seven neighbours notified.

Response: Two.

Summary of observations: Local residents raise objection on the following grounds:

1. The development would result in a loss of privacy into the bedroom, reception room and garden of a neighbouring property.

2. The development would have a detrimental effect on the value of the surrounding properties.

3. The development would exacerbate the current situation where a neighbouring house, tree and the existing garage reduce the light received by surrounding properties.

4. The development is contrary to design guidance with regards to the roof design and roof coverage.

5. The development would have a detrimental effect on the view from neighbouring properties.

Cont’d….

Application No. 08/0706/FULL Continued

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? The Council's Ecologist has requested that the applicants be advised of the potential for bats and nesting birds at their property. These comments should be forwarded with any permission.

ANALYSIS

Guidance Note 4 of the Council's Development Design Guide 2 for "Householder Development" states that dormer windows should be subservient to the main roof and use the same pitch and roofing details as the main roof. The development's mono- pitch roof design is contrary to this guidance.

Guidance Note 4 also states that a dormer window should cover no more than a maximum of 50% of the roof area on which it is located. The development's massing is contrary to this guidance.

Guidance Note 4 also states that dormer windows should be set well back from the eaves, down from the ridge and in from the sides of the roof. The development's position close to the ridgeline is contrary to this guidance.

Finally, Guidance Note 4 states that two dormer windows are often preferred to one large one. The developments single "box" dormer design is contrary to this guidance.

Comments from consultees: Group Manager (Transportation Planning) raises no objection. Cont’d….. Application No. 08/0706/FULL Continued

Comments from public: The Council's response to the comments made by local residents is as follows:

1. It should be noted that Guidance Note 2 of the Council Adopted Development Design Guide 2 for "Householder Development" states that where a proposed window to a lounge, dining room, bedroom or kitchen will directly face a similar window or a neighbouring property the distance between them must be at least 21 metres in a back to back situation. Furthermore overlooking of a neighbours garden can be avoided by ensuring an adequate separation distance of 7.5 metres for a first floor bedroom. The proposed dormer extension complies with this guidance.

2. Property value is not a material planning consideration.

3. The dormer extension is within the confines of the existing roof plane and there would no more be a loss of light to the surrounding properties than is currently experienced.

4. It should also be noted that the proposed dormer extension's design is contrary to Council Guidance as has been highlighted above.

5. It should be noted that the right to a view is not a material planning consideration.

Other material considerations: It should be noted that this application is the re- submission of an application that has already been refused; the applicant and their agent were given several opportunities to submit a reduced scheme, which was not forthcoming.

RECOMMENDATION that Permission be REFUSED

The reason(s) for the Council’s decision is/are

01) By virtue of its scale, position and design the proposed development is not subservient to the existing roof, it covers more than 50% of the existing roof area, and has a flat roof, and is therefore contrary to Guidance Note 4 of the Council Approved Development Design Guide 2 for "Householder Development" and Policy DC1 of the Council Approved Unitary Development Plan.

Code No. and Name and Address of Description and Location of Date Received Applicant Proposed Development

08/0709/LA CCBC Erect extension to existing 08.07.2008 Director Of Education & school to provide new hall, Leisure kitchen and four additional Ty Penallta classrooms Parc Tredomen Libanus Primary School Ystrad Mynach Libanus Road Hengoed Blackwood CF82 7PG NP12 1EH

APPLICATION TYPE: Local Authority Application

SITE AND DEVELOPMENT

Location: On the western side of Libanus Road.

Site description: The site comprises a primary school complex with a traditional stone-built main building and additional accommodation in detached sectional buildings at the northern end of the site and portacabins on the frontage. The site rises from the highway frontage and is surrounded on the other sides by public open space. On the opposite side of Libanus Road is residential development (detached dwellings).

Development: Permission is sought for the erection of a single-storey extension at the northern end of the main building, replacing two existing sectional buildings, to accommodate a hall, kitchen and four classrooms.

Dimensions: The extension would measure 30m wide by 25m deep maximum, with a height of 4.8m to the apex (6.3m over the hall).

Materials: Facing brick and steel roof sheets.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

P/97/0316 - Erect double mobile classroom unit - Granted conditional 20.05.97.

P/03/1168 - Erect double mobile classroom unit - Granted conditional 13.11.03.

P/04/1161 - Provide new play yard and additional car parking - Granted conditional 24.06.05.

Cont’d…. Application No. 08/0709 Continued

POLICY

Site Allocation

Development Plan: Adopted Islwyn Local Plan - the site lies within the settlement envelope.

Council Approved UDP: The site lies within the settlement boundary.

Policies

Development Plan: Adopted Islwyn Local Plan - Policies D1-D6 (design of the built environment).

Council Approved UDP: Policy DC1 (development criteria).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

Was an EIA required? Not applicable.

CONSULTATION

Head Of Public Protection - Requests conditions regarding potential contamination and the importation of soil.

Senior Engineer (Land Drainage) - No objection.

Group Manager (Transportation Planning) - No objection.

Extent of advertisement: The occupiers of twelve neighbouring dwellings were notified by letter and a site notice was displayed.

Response: None (the period for receipt of representations expires on 4 August; any representations received before the date of the Committee will be reported verbally).

Summary of observations: Not applicable.

Cont’d…. Application No. 08/0709/LA Continued

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policies: The proposed extension would accommodate four classrooms, a school hall, kitchen and ancillary facilities. It is understood that together with internal alterations to the existing building the total number of classrooms would remain the same.

The proposed extension would be attached to the main building by a short flat-roofed link and would have a modern appearance with shallow-pitched roof profiles and modern materials. Notwithstanding the contrast with the original school building, the scheme is considered to be acceptable in visual amenity terms subject to details of the external materials being agreed to ensure that they are a sympathetic match with the traditional materials.

The extension would have minimal impacts on the dwellings on the opposite side of Libanus Road (portacabin classrooms on the site frontage are currently closer to these dwellings).

Comments from Consultees: Group Manager (Transportation Planning) has no objection. Head of Public Protection requests that conditions regarding the potential contamination of the site and the importation of soil be attached to any permission.

Comments from public: None.

Other material considerations: None.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition(s)

02) Before works commence on site, details of the external materials, to include a roof cladding that in texture and colour matches the roof material of the original building on the site, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall thereafter be constructed in accordance with these approved details. REASON: In the interests of visual amenity.

Advisory Note(s)

Please find attached the comments of Head of Public Protection that are brought to the applicant's attention.

The following policy(ies) of the Adopted Islwyn Local Plan is relevant to the conditions of this permission: D1 and D6.

The following policy(ies) of the Council Approved Unitary Development Plan is relevant to the conditions of this permission: DC1.

______

Code No. and Date Name and Address of Description and Location of Received Applicant Proposed Development

08/0712/FULL Mrs P Blagdon Add first floor to existing rear 16.06.2008 13 Station Terrace single storey extension Senghenydd 13 Station Terrace Caerphilly Senghenydd CF83 4HF Caerphilly CF83 4HF

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: On the south-western side of Station Terrace, Senghenydd.

House type: The host dwelling is a mid-terrace house.

Development: Construction of a first floor rear extension and single storey sun-room.

Dimensions: First floor extension - 3 metres wide, 5.85 metres long and 6 metres high (to the ridge).

Single storey sun room - 2 metres wide, 2.7 metres long, and 3.2 metres high (to the top of the mono-pitch).

Materials: External finishes of both extensions would be artificial slate roof tiles and concrete block walls with a rendered finish to match the existing.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

08/0346/FULL - Erect first floor rear extension and single storey sun-room - Refused 29.05.08.

POLICY

Site allocation

Development plan: Adopted Caerphilly Basin Local Plan - The site is within the settlement limit.

Cont’d…. Application No. 08/0712/FULL Continued

Council Approved UDP: Land within the settlement boundary.

Policies

Development plan: Adopted Caerphilly Basin Local Plan - Policy EV2 (New Development).

Council Approved UDP:

DC1 (Standard Development Control Criteria) and DC4 (Supplementary Planning Guidance)

Guidance Note 2 of the Council Adopted Development Design Guide 2 for "Householder Development" gives advice on the size, shape and position of extensions and conservatories.

CONSULTATION

Group Manager (Transportation Planning) - Raises objection because in the absence of adequate off-street parking facilities the development would generate additional on-street parking to the detriment of highway safety.

Aber Valley Community Council - Raises no objection.

Extent of advertisement: Two neighbours notified, site notice posted.

Response: One.

Summary of observations: Neighbouring residents have raised the following concerns:-

1. The proposed extension is longer than other extensions in the street and is therefore out of character. 2. The extension will overshadow both ground floor and first floor windows depriving these rooms of light. 3. The planned side window would have a detrimental effect on the privacy of the neighbouring property.

Cont’d…. Application No. 08/0712/FULL Continued

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? The Council's Ecologist has requested that the applicant be advised of the possible presence of bats and nesting birds at their property. This information should be passed on to the applicant.

ANALYSIS

Policies: Policy DC1 of the Council Approved Unitary Development Plan states that development will be approved where it can be shown that it is well designed in terms of its setting, scale, density, layout, materials and landscaping. By virtue of its scale and position the proposed extension would be out of character with the surrounding area and would have an overbearing and overshadowing effect on the neighbouring properties, to the detriment of residential amenity. The extension would have the greatest effect on 12 Station Terrace due to the property's south-west aspect with first floor windows being affected. However, 14 Station Terrace would also be affected with a loss of light to its ground floor windows. The proposal would therefore be contrary to this policy.

Guidance Note 2 of the Adopted Development Design Guide 2 for "Householder Development" states that extensions and conservatories should not be overbearing to neighbouring properties. As a general rule, two-storey extensions should not be positioned very close to the boundary adjacent to the garden of a neighbour's property. By virtue of its size and position next to the boundary the proposed extension would have an overbearing effect on the adjoining property at No. 14 Station Terrace, to the detriment of residential amenity.

Guidance Note 2 of the Adopted Development Design Guide 2 for "Householder Development" also states that extensions and conservatories should not cast large shadows onto neighbour's houses or gardens. As a general rule this can be avoided by keeping within a line taken at 45° from the centre of the nearest ground floor window of any principal room in an adjoining property. By virtue of its size and position the proposed extension would have an overshadowing effect on the neighbouring properties and garden at No. 12 and 14 Station Terrace, to the detriment of residential amenity.

Cont’d…. Application No. 08/0712/FULL Continued

It should be noted that the proposed single storey sun-room is in proportion to the host dwelling and the scale of the site and the design is in keeping with that of the surrounding area. It has a pitched roof and is constructed of materials matching those of the host dwelling. The development would have little or no impact on the surrounding properties. Therefore the sun-room conforms to policies within the Adopted Caerphilly Basin Local Plan, the Council Approved Unitary Development Plan and the Adopted Development Design Guide 2 for "Householder Development".

Whilst the single storey sun-room may be acceptable, in view of the above comments, in respect of the first floor extension, it is recommended that this application be refused.

Comments from consultees: Group Manager (Transportation Planning) raises objection because in the absence of adequate off-street parking facilities the development would generate additional on-street parking to the detriment of highway safety.

Aber Valley Community Council raises no objection.

Comments from public: The Council's response to the objections of local residents is as follows:

1. It should be noted that the local residents concerns regarding the extension's character and effect on the light received by their property is supported by the Council's Policies and Design Guidance for extensions as detailed above.

2. Their concerns regarding the extension's character and effect on the light received by their property is supported by the Council's Policies and Design Guidance for extensions as detailed above.

3. Although the proposed side window would have a detrimental impact on the privacy received by 12 Station Terrace, this is an issue that could be dealt with by a condition regarding obscure glazing.

Cont’d…. Application No. 08/0712/FULL Continued

RECOMMENDATION that Permission be REFUSED

The reason(s) for the Council’s decision is/are

01) By virtue of its size and position next to the boundary the proposed extension would have an overbearing effect on the adjoining property at No. 14 Station Terrace, to the detriment of residential amenity. The proposal would therefore be contrary to Guidance Note 2 of the Council's Approved Development Design Guide 2 for "Householder Development" and policy DC1 of the Council Approved Unitary Development Plan.

02) By virtue of its size and position the proposed extension would have an overshadowing effect on the neighbouring properties and garden at No. 12 and 14 Station Terrace, to the detriment of residential amenity. The proposal would therefore be contrary to Guidance Note 2 of the Council's Approved Development Design Guide 2 for "Householder Development" and policy DC1 of the Council Approved Unitary Development Plan.

03) By virtue of its size, scale and position the proposal would not be in keeping with the surrounding properties and is therefore contrary to policy DC1 of the Council Approved Unitary Development Plan.

04) In the absence of adequate off-street parking facilities the development would generate additional on-street parking to the detriment of highway safety, contrary to Policy DC1 of the Council Approved Unitary Development Plan.

Code No. and Date Name and Address of Description and Location of Received Applicant Proposed Development

08/0766/FULL Mr & Mrs J Furber Erect two-storey rear 26.06.2008 18 Woodfield Terrace extension Tiryberth 18 Woodfield Terrace Hengoed Tiryberth CF82 8AH Hengoed CF82 8AH

APPLICATION TYPE: Full Application

SITE AND DEVELOPMENT

Location: The application property is situated on the western side of Woodfield Terrace.

Site description: The application property is a semi detached dwelling with front and rear gardens. The property is elevated up from the road and the rear garden is terraced due to the differences in levels. The attached property at number 17 is on the same level whilst the property at number 19 is at a higher level. There is a railway line to the rear.

Development: The proposal seeks full planning consent for the erection of a two- storey extension. The extension would accommodate a kitchen on the ground floor and a bedroom on the first floor.

Dimensions: The extension measures 3.3m long by 7m wide, and is two-storeys high.

Materials: To match the main dwelling.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

No previous planning history.

POLICY

Site allocation

Development plan: Within settlement limits in the Adopted Mid Rhymney Valley Local Plan.

Council Approved UDP: Within settlement limits.

Cont’d…. Application No. 08/0766/FULL Continued

Policies

Development plan: Policy EV4 of the Adopted Mid Rhymney Valley Local Plan provides standard development control criteria.

Council Approved UDP: DC1 (Standard Development Control Criteria).

Guidance Note 2 to the adopted Development Design Guide 2 for householder development gives advice on the size, shape and position of extensions and conservatories.

CONSULTATION

Group Manager (Transportation Planning) - No objection.

Dwr Cymru/Welsh Water - There is a public sewer crossing the site. There shall be no development within a protection zone measured either side of this sewer.

Extent of advertisement: The application was advertised by means of a site notice and neighbour letters.

Response: One letter of objection was received from the occupier of number 19 Woodfield Terrace.

Summary of observations: The extension would cause loss of light and view.

SECTION 17 CRIME AND DISORDER ACT

What is the likely effect of the determination of this application on the need for the Local Planning Authority to do all it reasonably can to prevent crime and disorder in its area? None.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

Cont’d…. Application No. 08/0766/FULL Continued

ANALYSIS

Policies: The application has been considered in accordance with local plan policy and supplementary planning guidance. The main point to consider in the determination of this application is the effect that the proposal would have on the amenity of the adjacent dwellings. In that regard it should be noted that whilst it is considered that the proposal would not have a detrimental impact on the amenity of the property at number 19 due to the higher ground level of that property and its distance away from the extension, the situation with the property at number 17 is somewhat different. That property has both a kitchen and bedroom window in close proximity to the boundary with the application site and the proposed extension would extend beyond a line drawn at 45 degrees from the centre of those windows. The rear gardens of these properties rise, dominating and enclosing the rear of the buildings. The proposed extension, being two-storeys, and on the boundary will aggravate that sense of enclosure and have an overbearing impact on the neighbour, that may not have been the case if the rear gardens had a flatter more open aspect. Consequently it is considered that the proposed extension would have a detrimental impact on the amenity of the adjacent dwelling at number 17 Woodfield Terrace contrary to Policy DC1 of the Council Approved Caerphilly County Borough Unitary Development Plan and Guidance Note 2 of Development Design Guide 2 Householder Development.

Comments from consultees: No objections received.

Comments from public: These have been addressed above.

Other material considerations: None.

RECOMMENDATION that Permission be REFUSED

The reason(s) for the Council’s decision is/are

01) The proposed extension would have an overbearing effect and a detrimental impact on the residential amenity of the adjacent dwelling at number 17 Woodfield Terrace contrary to Policy DC1 of the Council Approved Unitary Development Plan and Guidance Note 2 of Development Design Guide 2 Householder Development.

Code No. and Name and Address of Description and Location of Date Received Applicant Proposed Development

08/0785/NCC Mr C Payne Remove colliery rubbish and 30.06.2008 24 Central Avenue mineral waste and reclaim for Cefn Fforest beneficial use Blackwood Senghenydd Minerals Site NP12 3LE Nelson Road Senghenydd Caerphilly

APPLICATION TYPE: Development without complying with conds

SITE AND DEVELOPMENT

Location: The site is located on the mountainside above Senghenydd. It is at the head of the valley on the lower slopes of Mynydd Eglwysilan.

Development: The application is for the variation of a condition attached to a consent granted in 1955 to the National Coal Board. This consent restricted the working area to a limited part of the site, the extent of which has been clearly defined by the Courts. The work permitted to be carried on was also defined by the Courts and covers the disposal of colliery rubbish on the limited area (termed white land), and additionally, dispose of brick, stone, concrete and builders rubble on that area and, further, these materials can be processed by machinery or otherwise on the white land and the recycled materials can be exported from the site.

The wording of the condition concerned is as follows:

Permission be granted for the area covered by sections A-A and E-E, but not for the area covered by sections B-B, C-C and D-D.

The reason for this condition states:

The proposed tipping on the area covered by sections B-B, C-c and D-D will seriously affect the amenities of the locality.

The application seeks to extend the working area in accordance with the information contained on an Ordnance Survey plan of the site, which is the sole plan submitted.

Cont’d…. Application 08/0785/NCC Continued

Dimensions: The site has a total area measuring 4.7 hectares (approx.). The permitted area (i.e. the white land) has an area of 0.33 hectares (approx). The increase in working area proposed by the application is approximately 14 times greater than the approved area.

Materials: Not applicable.

Ancillary development, e.g. parking: The application, as submitted, does not contain any information relating to a range of matters such as parking and stockpiling areas, office accommodation, drainage arrangements, finished profiles or landscaping. This information has been requested; however, no further detail has so far been provided.

PLANNING HISTORY

5/5/88/0178 - Tip soil stone to cover and restore site to agricultural use - Withdrawn 10.05.90.

5/5/88/0894 - Land fill scheme - to fill in two disused reservoirs (currently ponds) - Withdrawn 23.01.89.

P/96/0744 - Retain stables and hay barn - Granted conditional 06.01.97.

POLICY

Site Allocation

Development Plan: The site lies within the area covered by the Adopted Mid- Glamorgan County Structure Plan (1989). This plan is not site specific and therefore contains policies of a strategic nature.

Council Approved UDP: The site lies outside the settlement limits contained in this plan. It is however identified as a site suitable for derelict land clearance and is categorised as site D1 (24).

Policies

Development Plan: The relevant policy contained in the Adopted Structure Plan is: Policy M11 - Extraction of materials from spoil tips.

Cont’d…. Application No. 08/0785/NCC Continued

Council Approved UDP: The policies of relevance in this plan are: Policy DC1 - Development Criteria. Policy D1 - Derelict Land Clearance and Identified Sites. D2 - Reclamation: Suitability of Treatment. D3 - Conservation of Features, Creation of Land-Form, Habitats and Landscaping. D6 - Contaminated Land. C11 - Regional/Local Nature Designations

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No it did not fall within the definition of either Schedule 1 or 2 Development, as specified in the Town and Country (Environmental Impact etc.) Regulations 1999.

Was an EIA required? Not applicable.

CONSULTATION

Environment Agency (Wales) - has verbally commented that the level of information submitted is insufficient to properly respond. As such it awaits further information.

Head Of Public Protection - requests a substantial body of information including details of materials to be removed, noise and dust control measures, contamination reports etc., without which they cannot give a final response on the application.

Manager (Countryside And Landscape Services) - considers that the site represents a potential important habitat for invertebrates and supports acidic grassland and heath, which are UK Priority Habitats. It could therefore represent a valuable site in ecological terms and should be treated accordingly. As such surveys and assessments of the site are essential prior to making any decision on this application.

Senior Engineer (Reclamation) - comments that on the basis of the level of detail provided it is unrealistic to provide any meaningful response on this matter.

Extent of advertisement: The application has been advertised by way of press and site notices and seven letters have been sent to neighbouring properties in the area.

Response: At the time of the writing of the report three letters of objection had been received.

Cont’d…. Application No. 08/0785/NCC Continued

Summary of observations: The basis of the objections contained in the letters is as follows: 1. Environmental nuisance, e.g. noise, dust, pollution to the water course. All these have been experienced as a result of the unauthorised work undertaken from 2004 to the present day. 2. The proposal would increase traffic particularly heavy lorries using the valley, and mountain roads, to the detriment of residents. 3. The proposal would be harmful to the efforts of the community in their attempts to restore the environment to a cleaner and greener state. 4. The passage of public transport would be blocked by traffic using Nelson Road. 5. Pollution of Nant Y Parc Brook. 6. Additional information is sought.

SECTION 17 CRIME AND DISORDER ACT

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? The County Ecologist has requested a range of surveys to be undertaken to establish what habitats exist and any mitigation measures necessary to address the impact on the flora and fauna found.

ANALYSIS

Policies: The proposed extension of the working area applied for represents an increase fourteen times greater than that which is now available to the applicant. Whilst this submission has been accepted on the basis that it constitutes non- compliance with a condition attached to the substantive consent it is clearly, in scale terms, a much larger proposal than the approval in effect.

The applicant has therefore been advised that the level of information currently submitted is totally inadequate to allow a thorough assessment of the proposed operation to be undertaken. This information currently comprises an Ordnance Survey plan of the site edged red at a 1/2500 scale. This confirms where the site is and its boundaries but provides little else in terms of information in respect to the operation for the removal of material, and the reclamation of the site specified by the applicant.

Cont’d….

Application 08/0785/NCC Continued

The required level of detail for such a project is extensive ranging from site surveys establishing existing levels, cross section showing finished profiles, a Site Management Plan containing the detail of how the operation is to be undertaken, the design of an engineered drainage system, landscaping details, contamination reports (the tip at Graig-Y-Hyfan has a history of industrial waste disposal dating back many decades), ecological reports etc.

Without this level of quality supporting information it is not considered that the policies of relevance to the application can be properly assessed. At present there is nothing to consider. In the circumstances the policies applicable to this application remain to be satisfied.

Comments from Consultees: The Consultees who have so far respond all reiterate the same point, which is that the level of information is totally inadequate to assess this application. None of these professional Consultees can give their considered view without further extensive information to consider. In the circumstances the proposal, as it stands, is not acceptable to them.

Comments from public: The comments received from the public are again ones that cannot be analysed in the context of this application due to the inadequate level of supporting received.

Other material considerations: At this point it is considered appropriate to advise members that for the past six years or so the Council have been involved in protracted legal proceedings with the current applicant in respect to his operations at this site. He has always maintained that the operations to recover material from the whole site (not just the white land) are lawful. This is in spite of the existence of an injunction, granted by the Court in February 2006, which prohibited his operations outside the limited area defined (i.e. the white land).

The work at the site ceased shortly after this time. Approximately two months ago however the applicant recommenced work on site outside the permitted area. He was yet again advised of the terms of the injunction but he continued to undertake work in breach of it. As such he was formally cautioned with a view to taking this matter back to the Court as a breach of the injunction. Shortly after this occurred the current application was submitted. As indicated above this proposal is devoid of nearly all relevant information and cannot therefore be assessed without a substantial level of additional supporting material being provided.

Cont’d… Application 08/0785/NCC Continued

The applicant has been requested for detailed information as a matter of urgency, the timeframe for which expires prior to this Committee sitting. In view of the past history of the site it is considered that if no material level of information is provided within that timeframe then the matter be dealt with on the basis of the information submitted and permission be refused due to its total inadequacy.

RECOMMENDATION that Permission be REFUSED

The reason(s) for the Council’s decision is/are

01) The level of information submitted with the application is totally inadequate to assess the land use implication of this operation in relation to the development plan and other material planning consideration. ______