Area 1 Development Control Committee Site Visits

CITY AND COUNTY OF SWANSEA

NOTICE OF MEETING You are invited to attend a meeting of the AREA 1 DEVELOPMENT CONTROL COMMITTEE SITE VISITS

nd On: Tuesday 2 March 2010

Time: 2.00pm. from CIVIC CENTRE, Swansea AGENDA Would Members of the Committee please note that they are invited to attend the under mentioned site visits. (A coach will leave Civic Centre, Swansea at 2.00 pm)

Site Visit Approx Planning Application No. 2009/1528 - 133 Colwyn 2.15 pm Avenue, Winch Wen, Swansea SA1 7EW. Change of use of part of ground floor from retail (Class A1) to a hot food takeaway (Class A3) and launderette with new shop front, side door and side flue.

Approx Planning Application No. 2008/0919 - Land south of 2.40 pm Morfa, Neath Road, Swansea. Construction of Morfa distributor road and widening of existing express bus route (Council Development Regulation 3)

Approx Planning Application No. 2008/1615 - Bernard Hastie 3.30 pm and Co and adjacent Maliphant Sidings, Morfa Road, Swansea, SA1 2EW. Redevelopment of site with construction of up to 52 houses (3 storey) and 84 apartments (5 storey) together with phase 2 Morfa Distributor Road, new access road, car parking, landscaping, infrastructure, re-profiling and engineering works (outline).

These planning applications will be considered at the meeting of the Area 1 Development Control Committee scheduled to be held in the Council Chamber , Civic Centre, on Tuesday 9th March 2010 at 2.00 pm.

D. Daycock Head of Legal & Democratic Services 22nd February 2010 Contact: Suzanne Collins  01792 637291

Site Visits are:

 Fact finding exercises;  Not part of the formal consideration of the application and therefore public rights of attendance do not apply;  To enable officers to point out relevant features;  To enable questions to be asked on site for clarification. However, discussion on the application will only take place at the subsequent Committee or Council as all relevant parties may not be in attendance on site.

Item No. 2

Disclosures of Personal Interest from Members

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

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

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

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

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

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

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

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

Z:\Committees\A Agenda Pack\Cttees\Area 2\2008-09\08jun24\02 - Disclosures of Personal Interest.doc

ITEM APPLICATION NO. 2009/1528 WARD: Bonymaen Area 1

Location: 133 Colwyn Avenue Winch Wen Swansea SA1 7EW Proposal: Change of use of part of ground floor from retail (Class A1) to a hot food takeaway (Class A3) and laundrette with new shop front, side door and side flue Applicant: Mr Bal

BACKGROUND INFORMATION

This application was DEFERRED FOR A SITE VISIT at the Area 1 Development Control Committee on the 16th February 2010 in order to consider parking issues in the area. Condition 7 has been added to control litter. My recommendation of approval remains unchanged.

POLICIES

Policy Policy Description Policy EV13 Proposals for new or renovated shopfronts, including security grilles, should be sympathetic to the character of the building, adjacent properties and the surrounding area. (City & County of Swansea Unitary Development Plan 2008)

Policy ECNR Proposals for non retail uses at ground floor level within shopping centres will be assessed against defined criteria, including their relationship to other existing or approved non retail uses; their effect upon the primary retail function of the centre; the proposed shop front and window display; the time the unit has been marketed for A1 uses, and its likelihood of continuing to be vacant; its location in relation to the primary shopping area; and its impact upon the vitality, viability and attractiveness of the centre. (City & County of Swansea Unitary Development Plan 2008)

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

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

Policy EV3 Proposals for new development and alterations to and change of use of existing buildings will be required to meet defined standards of access. (City & County of Swansea Unitary Development Plan 2008)

SITE HISTORY

App No. Proposal 2003/2074 Internally illuminated ATM sign Decision: Grant Advertisement Consent (C) Decision Date: 28/11/2003

2003/2075 Installation of ATM machine on front elevation Decision: Grant Permission Conditional Decision Date: 28/11/2003

2008/1848 Change of use of part of ground floor from retail (Class A1) to a launderette and hot food takeaway (Class A3) and creation of parking area to the front elevation Decision: Refuse Decision Date: 21/05/2009

87/0332/03 ALTERATIONS TO LAYOUT FOR USE AS KWIK SAVE SUPERMARKET. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 07/04/1987

74/0982/03 ERECTION OF SUPERSTORE Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 31/10/1974

RESPONSE TO CONSULTATIONS

The application was advertised on site, and via direct neighbour consultation. TWO PETITIONS OF OBJECTION containing a total of 237 signatures and TWO LETTERS OF OBJECTION have been received, which can be summarised as follows:

Petition of Objection

1. We have already got four busy shops here, and any more would cause increasing problems with litter, noise and traffic congestion. 2. We understand that the applicant has been canvassing support for the proposal in the neighbourhood, but anyone not living opposite would not be aware of the daily mess. 3. The proposed development is too close to our chip shop and there is not enough trade for two takeaways. 4. The proposal is very close to a busy bus stop and there is not enough car parking for customers of the proposed facilities.

Letters of Objection

1. There are already a number of shops here, including a chip shop next to my property creating traffic problems, anti social behaviour and litter, and the proposal would make matters much worse. 2. There is no shortage of food service shops in the area, and as these local shops are struggling financially the competition from another would not be welcome.

Voluntary Customer Survey The applicant has provided a Voluntary Customer Survey containing 467 signatures of people stating they would use the new facilities if they were to be provided.

Highway Safety The Head of Transportation and Engineering has advised as follows:-

The application is for a change of use of part of ground floor from retail (Class A1) to a hot food takeaway (Class A3) and laundrette with new shop front, side door and side flue.

The application is a resubmission of a previously refused scheme but now the customer parking has been relocated to the side of the building with a separate access and no longer impacts on the pedestrian access to the frontage, nor to the access to the bus stop to the front.

The site currently benefits from a car parking hard standing area to the frontage but use of this area results in detriment to pedestrian safety. The use of the area to the side of the unit for customer parking will be beneficial in terms of highway safety.

The area is currently gated but the plans show the removal of this gate to allow free access for customers and deliveries.

The car park layout as submitted allows for six parking spaces, together with an area for deliveries. However the layout does not comply with our guidelines with regard to length of the spaces for the tandem arrangement as indicated on the plans and these should be 6m length, not the 4.8m as shown. If the correct lengths are plotted then the provision is reduced from six to five spaces but this is acceptable considering the current provision.

No cycle parking has been shown and this should be addressed to encourage non car forms of transport.

I recommend that no highway objections are raised to the proposal subject to:

1. The car park layout being revised to provide spaces of minimum dimensions of 2.4m width by 6m length, and the car park to be laid out prior to the beneficial use of the take away/launderette commencing. 2. The gates being removed to allow for constant access to the parking area. 3. Cycle parking being provided in accordance with details to be submitted for approval.

Head of Environmental Management and Protection - Pollution Control - No objection.

APPRAISAL

Planning permission is sought for the change of use of part of the ground floor of No. 133 Colwyn Avenue, Winch Wen, from retail (Class A1) to a laundrette (sui generis) and a hot food takeaway (Class A3).

The application site is a detached commercial unit presently trading as a shop premises with access off Colwyn Avenue. It is of conventional cavity brick/block construction with a steel portal frame structure supporting the flat roof. The external walls have a finish of dry dash cement render and face brickwork at low level. The main roof is of flat design which has a metal profile roof covering.

The proposal is to sub-divide part of the existing shop unit, with new openings proposed for the launderette and takeaway with the provision of six car parking spaces within the forecourt area.

Two additional full time workers will be employed by the development, while the proposed hours of operation are as follows:

Takeaway- Monday to Friday 5pm -12pm Saturday 5pm -12pm Sundays, Bank and Public Holidays 6pm-11pm

Laundry- Monday to Saturday 9am -6pm

Planning permission was recently refused in May 2009 (2008/1848) for a similar change of use of part of the ground floor of No. 133 Colwyn Avenue, Winch Wen, from retail (Class A1) to a laundrette (sui generis) and a hot food takeaway (Class A3).

That application was refused on the following grounds: “By virtue of the inappropriate location of the parking area, entry and exit to the proposed parking bays is likely to result in manoeuvres that would compromise highway safety, with particular regard to pedestrians in that vicinity. The proposal is therefore contrary to Policies AS4, AS6, EV1, EV3 and EV13 of the Unitary Development Plan (November 2008)”.

The main issue for consideration in the determination of this application, therefore, is whether the amended scheme overcomes the previous reasons for refusal, having regard to impact upon visual and residential amenity and highway safety in the context of prevailing City and County of Swansea Unitary Development Plan (UDP) policies. There are in this instance no additional overriding issues for consideration under the provisions of the Human Rights Act.

Whilst it is acknowledged that there is one other takeaway along this stretch of Colwyn Avenue, the area has not been identified as within the City Centre and District Shopping Areas in the Unitary Development Plan. However Policy EC NR states that the acceptability of non retail uses within such areas will be determined having regard to the relationship of the proposal to other existing or approved non-retail uses. As the main part of the property will remain intact as the primary use on the site, with the A3 element being occupying a small area of the shop, it is considered that the proposal would conform to the requirements of this policy, and not would adversely affect the vitality or viability of the shopping centre. Policy EC NR states that appropriate shopping and neighbourhood facilities will be encouraged within areas of acknowledged deficiency. It is acknowledged that there is another A3 use in close proximity to the application site however it is not considered that the addition of a further A3 use at this location would result in an excessive number in the locality.

The proposed partial change of use of the property including the formation of two additional shop fronts is not considered to have a detrimental impact on the visual amenity of the area and as such is considered to comply with the requirements of Policy EV1 and of the Unitary Development Plan.

With regards to direct impact on residential amenity, there are existing uses such as the fish and chip shop (takeaway), news agents and supermarket within the parade of shops that create a constant flow of pedestrians and vehicles. The existing chip shop is located immediately adjacent to the proposed takeaway. Whilst two petitions and two letters have been received that object to the proposal, it is considered that a launderette and takeaway would extend the services available to the local residents without having an increased adverse effect on their amenity as a result of noise, smell or other disturbances.

The Pollution Control Division of the Environment Department has no objection to make on this application, while conditions can be attached to any consent granted that limit the opening times of the launderette and takeaway accordingly and for the flue extraction system.

A waste management regime has been received, which indicates the provision of litter bins, both inside and outside the takeaway premises, and a regular litter picking exercise by the takeaway staff at no more than two hour intervals. This would ensure that litter is kept to a minimum in order to ensure that the proposal does not have a direct detrimental impact on the residential amenities of the nearby residents.

In terms of access and highway safety, the comments of the Head of Transportation and Engineering are set out in the response to consultations section of this report. It is recommended that no objections are raised to the current application subject to conditions, as the customer parking has been relocated to the side of the building with a separate access which no longer impacts, it is considered, on the pedestrian access to the front.

The concerns raised by objectors relating to residential amenity, litter and highway safety have been addressed above. The concerns regarding competition are not a material planning issue.

CONCLUSION

In conclusion, it is considered that the proposed change of use represents an acceptable form of development that would have no adverse impact on public safety, visual and residential amenity or highway safety, and complies with Polices EV1, EV2, EV3, EV13 and ECNR of the Unitary Development Plan. Approval is therefore recommended.

RECOMMENDATION

APPROVE, subject to the following conditions:

1 The development shall be commenced not later than the expiration of 5 years from the date of this planning permission and shall be completed in accordance with the said application plans and conditions prior to any part thereof being brought into beneficial use, unless otherwise agreed in writing by the Local Planning Authority. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990 and to ensure that the development is completed in accordance with the plans approved by the City and County of Swansea, and so avoid any detriment to amenity or public safety by works remaining uncompleted.

2 No development shall take place until a scheme, which specifies the provisions to be made for the control of ventilation and fume extraction has been submitted to and approved by the Local Planning Authority. Such works that form part of the approved scheme shall be completed before the premises are occupied. Reason: In the interest of residential amenity

3 The Class A3 element of the proposal (the hot food takeaway) hereby approved shall not be used by customers before 17.00 nor after 00.00 hrs Monday to Saturday and between 18:00 and 23:00 hrs on Sunday and Bank Holidays, unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the amenities of the occupiers of neighbouring properties.

4 The Class A1, laundry element of the proposal hereby approved shall not be used by customers before 09.00 nor after 18.00 Monday to Saturday and not at all on Sunday and Bank Holidays, unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the amenities of the occupiers of neighbouring properties.

5 Notwithstanding the submitted plans, the car park layout shall be revised in accordance with details to be submitted to and approved in writing by the Local Planning Authority to provide spaces of minimum dimensions of 2.4m width by 6m length, and the car park shall be laid out as such prior to the beneficial use of the take away/launderette commencing. Reason: In the interests of highway safety.

6 Prior to the first use of the development hereby approved the gates shall be removed to allow for constant access to the parking area, and cycle parking shall be provided in accordance with details to be submitted to and agreed in writing by the Local Planning Authority, prior to the premises being occupied.

Reason: In the interests of highway safety.

7 The proposed litter regime shall be implemented upon the first use of the development hereby approved and shall thereafter be maintained in accordance with the details received on 6th February 2010 unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interest of the amenity of the area.

INFORMATIVES

1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: (EV1,EV2,EV3, EV13 and ECNR).

PLANS

Site location plan, 29 466 05 block plan, 29 466 01A existing floor plans, 29 466 02 existing elevations, 29 466 03 proposed floor plans, 29 466 04 proposed elevations, design and access statement received 2nd December 2009

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 APPLICATION NO. 2008/0919 WARD: Landore Area 1

Location: Land south of Morfa, Neath Road, Swansea Proposal: Construction of Morfa distributor road and widening of existing express bus route (Council Development Regulation 3) Applicant: Director of Regeneration

BACKGROUND INFORMATION a. Relevant Planning Policies

Swansea Unitary Development Plan

Policy HC19 The Tawe Riverside Park will be completed so as to enhance its ecology and appearance, improve its role as an attractive recreation area and complete the pedestrian and cycle network.

Policy AS11 Road construction and/or improvement schemes are proposed at locations, identified on the Proposals Map and include the Morfa Distributor Road.

Policy EV1 New development shall accord with a defined set of criteria of good design and shall have regard to the desirability of preserving the setting of any listed building.

Policy EV2 The siting of new development shall give preference to the use of previously developed land and have regard to the physical character and topography of the site and its surroundings.

Policy EV6 The Council will seek to protect, preserve and enhance Scheduled Ancient Monuments

Policy EV24 Within the greenspace system, consisting of wildlife reservoirs, green corridors, pocket sites and riparian corridors, the natural heritage and historic environment will be conserved and enhanced. The Tawe Corridor is included as a riparian corridor.

Policy EV32 Environmental improvement schemes will be implemented at a number of locations shown on the Proposals Map. These are intended to: (i) Improve visual appearance, natural heritage value and recreation potential, (ii) Improve the setting of industrial, commercial and residential developments and transport corridors, and (iii) Maintain, extend and improve the quality of the urban greenspace network in line with the aims of the ‘Greening the City’ strategy. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919 b. Relevant Planning History

2002/0026 Construction of a dedicated bus route for park and ride buses (Council Development Regulation 3) at Former Yorkshire Imperial Metals Site Planning Permission Sept. 2003

2008/1615 Redevelopment of site with construction of up to 52 houses (3 storey) and 84 apartments (5 storey) together with phase 2 Morfa Distributor Road, new access road, car parking, landscaping, infrastructure, re- profiling and engineering works (outline) Currently being considered c. Response to Consultations

The application was advertised on site and in the local press as a development which might materially affect the setting of a listed building i.e. Boundary wall of former Hafod Copper Works, Hafod lime kiln and canteen building. 6 LETTERS OF OBJECTION have been received making the following points:

1. Will have a detrimental and irreparable damage to Grade II Listed Structures which are of national importance regarding Swansea’s Industrial history and heritage, namely the former Hafod copper works, Hafod lime kiln and the canteen building.

2. It will undermine the objectives in the Tawe Riverside Corridor Strategy which strive to protect the heritage of the precious Copperworks sites.

3. The construction of the park and ride has disrupted the deliveries and trading capabilities of the Landore Social Club.

Swansea Community Boat Trust –

Initial response – 24 June 2008 The Trust would like to make the following observations regarding the application and its impact on heritage structures at the Hafod Copperworks site.

It is regrettable that restoring the Swansea Canal above the Hafod Copperworks engine houses will be impossible if this application is approved. The opportunity to recreate an important historic landscape will be lost.

The Trust recognises the constraints on developing the Hafod Copperworks site, not least the limited space and need to protect the historic structures.

The Trust agrees that construction of the Morfa Distributor Road is fundamental to the delivery of the Taw Riverside Strategy, which commits the City and County of Swansea to safeguarding the heritage structures of the copperworks sites.

Of the options for the route of the Morfa Distributor Road, the present proposal is preferred to either destroying a much longer length of the Swansea Canal route and putting at risk the listed structures alongside, or building a new river crossing that destroys part of the White Rock Copperworks site. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

Having considered the above, the Trust has no objection to the application, subject to the following:

1. The drawing indicates the widening of the carriageway and the level of the footpath being raised. Are these within the existing footpath? If not, what will be the effect on the adjacent listed lime kiln? 2. Has consideration been given to recovering the fabric of the buried canal bridge, for re-erection elsewhere? Otherwise, it will be destroyed after being recorded. 3. Will the new pedestrian crossing near the lime kiln have a [pedestrian phase in the proposed traffic light system? Will the line of the Swansea Canal to the north be cleared soon for pedestrian use, as detailed in the Tawe Riverside Strategy?

Further response – 7 July 2008 Since my previous comment, I have visited the site again to inspect the Hafod Canal Boundary Wall (Listed Building). This is referred to in the application as being in “poor condition” and that the impact of the proposed development would be “high”.

Having inspected the boundary wall, I cannot agree with the assessment of condition. The wall requires repointing, but appears to be stable. It is not leaning or showing any collapsed sections. The only significant damage – a hole through the structure – appears to have been done deliberately, probably with a machine.

The Trust is very concerned that this Grade II listed structure may be damaged further during the construction of the Morfa Distributor Road. The Hafod boundary wall has considerable heritage interest. The archway that is part of the structure formerly gave access to the Hafod Canal Dock and is a rare survivor in the Swansea area. The fabric of the wall – copper slag blocks, dressed stone, rubble brick – tells the story of the site. You can see the hinges of the main gate to the Hafod Works still in position. The Hafod boundary wall gives context to the listed Copperworks buildings nearby, including the nationally-important engine houses.

The Trust requests confirmation that the Hafod Canal Boundary Wall will not be damaged if the application is approved, as the Trust would object to any development work that threatens this listed structure.

Swansea Canal Society –

13 June 2008 - The Canal Society has concerns about the planning application for the developments along the former Swansea Canal at the Hafod in Swansea.

The canal corridor contains a number of listed structures that reflects the important heritage value of the canal and the industries that were so important to the development and prosperity of Swansea during the 19th and 20th centuries.

These include the limekiln, canal retaining walls, copper slag walls, bridge abutments and canal overbridges. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

The City and County of Swansea has policies to protect such important structures. The Swansea Canal Society wishes the City Council to take recognisance of those in determining any proposals that may adversely affect those important heritage monuments.

6 July 2008 We wrote to you on the 13 June 2008 with regard to the above planning proposal. We have re-examined the road route proposed and have further observations to make that we hope you will consider.

The Society does not wish to hinder the road improvements or the regeneration of the Hafod. We consider that incorporating the heritage monuments into the overall project will greatly enhance the attractiveness and tourism potential of the area.

I understand the proposed road will follow the former course of the Swansea Canal from the present bus lane near the limekiln and head southward onto Morfa Road.

Along that section of the former canal are important heritage features, which the Society would want the City and County of Swansea to improve and protect. We have enclosed a copy of the Ordnance Survey map 1879 that identifies the heritage features in the Hafod that are under discussion.

At the southern end of the proposed road at the junction with Maliphant Street are the remains of the Hafod Isha canal bridge and the infilled lock number 4. These were among the first structures built on the canal in 1794/95 by Mar Maliphant. The proposal for the lock is to leave it buried intact for future archaeological interest. The bridge should be recorded and studied to ascertain if there are any features or items worthy of salvaging for possible use by the Swansea museums.

Near the limekiln and slightly to the south are two structures of historical interest. The Hafod Ucha Bridge and the Hafod dock. An image of the Hafod canal bridge dated 1923 is included for your information as are plans of the canal bridges in that area. The bridge has scant remains surviving but the Society suggests salvaging the stonework such as the bridge arch, deck, and abutments and using the materials to rebuild the demolished Morfa canal bridge located slightly to the north of the Hafod bridge.

The Hafod canal dock entrance to the Hafod copperworks is still extant. This consists of an archway set into the copperworks boundary wall. The entrance arch is a very rare example of a canal dock entrance and every effort should be made to preserve it. Retaining this feature and incorporating it with the Hafod works rolling mill remains will enhance the heritage value of that location. The mill is out of context isolated where it is, retaining additional heritage features nearby will increase the historic value of the whole area.

Alongside the Morfa copperworks site are very important industrial archaeology structures. These include the Vivians tramway bridges, which are possibly the largest structures built using copper slag blocks. This whole area should be designated as a Hafod heritage trail and including the former canal route, bridges, copper works buildings, copper works canteen and laboratory. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

The City and County of Swansea has carried out excellent landscaping works of part of the area of the former canal bed. This can be improved upon by extending the landscaping to the south following the canal route as far as the limekiln. This will create a heritage park to help future generations understand the development of the Hafod and the copper industry in Swansea during the 19th century.

Swansea Civic Society – wish to support the letters from Swansea Community Boat Trust and Swansea Canal Society in their concerns about the possible damage which may be incurred during the construction of the Morfa Distributor Road.

The Society requests confirmation that the Hafod Canal Boundary Wall will not be damaged if the application is approved.

D.R.Lloyd AM – As Regional Member, I have received further representations regarding plans which appear to endanger heritage sites of significance in Landore, namely the canal, Hafod Copperworks and Lime Kilns.

You will recall previous correspondence in this matter, and the issue appears under Planning Application 2008/0919 – the construction of the Morfa Distributor Road and widening of existing express bus routes. On the face of it this proposal contravenes the UDP, as well as generating much local concern.

CADW – thank you for your letter regarding the proposal to construct a main service road into the north end of the Taw Riverside Corridor in Swansea.

The advice set out below relates only to those aspects of the proposal, which fall within Cadw’s remit as a consultee on planning applications – the impact of development on scheduled monuments or Registered Historic Landscapes, Parks and Gardens. Our comments do not address any potential impact on the setting of any listed building, which is properly a matter for your authority. These views are provided without prejudice to the Welsh Assembly Government’s consideration of the matter, should it come before it formally for determination.

The documents submitted following Cadw’s request to be consulted on this development consist of the Supporting Statement, an Archaeological Desk-Based Assessment, and a number of plans and sections including the preferred Option C overlain on the first edition OS map. The Supporting Statement summarises the potential archaeological impacts of three options and uses small-scale overlays of the three routes on a base map showing the different classes of archaeological / historic building assets. However, these maps are not as detailed as the area maps included in the Archaeological Desk-Based Assessment and, in our opinion, are too small scale to make proper judgements.

Cadw’s remit is to assess the potential impact on the setting of the scheduled ancient monument known as Hafod Copper Works Musgrave Engine and Rolls (GM483), and if relevant, the nearby scheduled monument White Rock Copper Works (GM481) and, the more distant, Morfa Bridge and Quays (GM392). AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

Option C has been submitted for planning consent, and, in our opinion, will affect the setting of the monument particularly from the widening of the current bus route towards the scheduled site and in re-opening the land to the rear of the engine house. Cadw considers, however, that the site is in poor condition and is in need of some investment to maintain its condition. If this were to follow from the regeneration of the surrounding area, then this would in our opinion balance the change in setting of the monument.

Cadw considers option A would have had a lesser impact on the scheduled ancient monument but much greater effect upon the listed structures on the site. Option B would also have had a significant effect on GM483 from the new bridge, which would also have impacts upon GM481.

Whilst it’s not Cadw’s role to comment on the impact of this proposal; on unscheduled sites, it is of concern that this has been treated superficially in the documents submitted with the planning application. We consider that the proposal needs to be mapped against the more detailed plans included within the Desk- Based Assessment, and the impacts along each part of the proposed route identified and a mitigation strategy proposed. Therefore, Cadw recommends that your authority takes the advice of the Glamorgan-Gwent Archaeological Trust Curatorial Division.

Glamorgan Gwent Archaeological Trust –

The application area and its environs contains the largest collection of surviving Swansea’s industrial heritage and buried archaeological features of national importance. Any development in this area will therefore have a significant impact on the archaeological resource and it is surprising that the application has been submitted without the appropriate level of information on the archaeological resource, the impact of the proposed development on the scheduled ancient monuments and their setting or any meaningful proposals to mitigate these impacts. We note that the application is accompanied by a supporting statement but this document’s analysis of the impact of the development on the archaeological resource has clearly been not been prepared by an archaeologist or historic environment specialist. The statement has used basic information from the Historic Environment Record and National Mounments Record which does not differentiate between a single wall and a whole industrial complex and also also does not give the boundaries of these sites or their importance. Hence the analysis given in 4.7 of the document that option C will only have an impact on two archaeological sites is completely wrong, given that the route crosses the Hafod Copperworks, and similar information is missed from the analysis of all of the routes on their impact on the archaeological resource. Consequently the evaluations conclusions given in section 5.1 are wrong and so therefore is the final conclusion in 5.2.

In its current form the application does not present the required information on the impact of the development on the scheduled ancient monuments and their settings; the settings of the listed buildings; or the buried archaeological features, so that any meaningful determination of the impact of the development on the archaeological resource can be made. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

This information is required not only to determine the direct impact but also potential impacts such as the effect that vibration (both during construction and when the road is in use) will have on the standing historic remains.

It is therefore our opinion that the determination of the current applications should be deferred until a detailed study of the archaeological resource has been complied for all of the options put forward in the Supporting Statement. This will then allow a proper analysis of the impact of the proposed road routes on the archaeological and historic resource to be made, suggest appropriate designs for road and any landscaping to be formulated that will take into account the important archaeological resource and the future development of the site, and provide a cost for the archaeological mitigation measures that will need to be undertaken, a factor that does not appear to have been considered so far but could be significant and alter the financial appraisals of the three routes.

The documentation accompanying this application is inadequate for the impact of the development on the archaeological resource to be determined. Government advice given in Planning Policy Wales 2002 section 5.1 to 5.3; Welsh Office Circular 60/96 sections 11 to 14 is reinforced in Planning Policy EV6 of the City and County of Swansea Unitary Development Plan which clearly state that applications for development that will have an impact on the sites or areas of archaeological potential should include

i. an assessment or evaluation of the archaeological or historic importance of the site or structure ii. the likely impact of development on the archaeological site and iii. the measures proposed to preserve, enhance and record features of archaeological interest.

The lack of any appropriate documentation meeting the three requirements above clearly show that the application, in its current form, cannot be determined at present and given that the justification for the choice of route leading to the submission of the current route is flawed we would recommend that the applicant is asked to withdraw the current application until the required documentation and analysis has been prepared and a proper evaluation of the route of the Morfa Distributor Road can be made. If however, the applicant does not withdraw the application then they should be formally requested to provide the above information and the determination of the current application should be deferred until appropriate documents have been submitted.

In conclusion, the proposed development will have an impact on the archaeological resource but the applicant has provided insufficient information on the matter for the significance of this impact to be determined. The applicant will need to provide adequate information on this aspect of the development and therefore until appropriate documents have been submitted the determination of this application should be deferred. Until the applicant submits appropriate information on the impact of the development on the archaeological resource and we have been able to consider this information we will formally object to any positive determination of this application. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

Note: GGAT have been formally consulted on the Supplementary Archaeological Impact Assessment information submitted but no response has been received to date. Any further response will be reported to Committee.

Environment Agency – Initial response The information provided with the application is limited. We do not feel that sufficient information has been submitted to clearly demonstrate that the risk of flooding, or the risk of pollution to controlled waters is acceptable.

The proposed development is within zone C1, as defined by development advice maps (dam) referred to under TAN15, Development ad Flood Risk (July 2004). Our Flood Map Information, updated on a quarterly basis, confirms the site to be at risk of flooding.

In consideration of the flood risk at this location, a full Flood Consequences Assessment (FCA) will be required, which will need to be accompanied by a hydraulic model for development. The FCA must be undertaken by a suitably qualified person carrying an appropriate professional indemnity.

This assessment must be submitted prior to determination and forwarded by your Authority to us for detailed advice on flooding.

With regard to surface water disposal, we note that the surface water drains are proposed. To accord with TAN15, the development should be designed around a suitable sustainable drainage (SUDS) system. If any other form of surface water disposal is proposed, then evidence of why SUDS cannot be implemented must be provided. If a conventional system is utilised, then this must improve on the status quo.

In addition to the required FCA, further information is required in order to satisfy our concerns with regard to the risk to controlled waters (River Tawe). We consider the controlled waters at this location to be of high environmental sensitivity and due to the previous industrial use of the surrounding area, contamination is strongly suspected at the site.

The application as submitted, fails to provide assurance that the risks of pollution are understood. Under Planning Policy for Wales (PPW), the application should not be determined until information has been provided to the satisfaction of the Local Planning Authority, that the risk to controlled waters has been fully understood and can be addressed through appropriate measures. We do not feel that this is currently the case, as a preliminary risk assessment (including a desk study, conceptual model and initial assessment of risk) has not been provided.

PPW takes a precautionary approach. It requires a proper assessment whenever there might be a risk, not only where the risk is known.

We therefore require as a minimum, the submission of a preliminary risk assessment to address our concerns. This should be submitted prior to determination. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

In consideration of the above, the Environment Agency would request that determination of the application be deferred until we receive the information as requested. If however your Authority are unable to deter determination, or the requested information is not forthcoming, then we would recommend that the application be refused.

Further response Following a meeting with officers of the City and County Council, additional information has been provided relating to site levels (DRG. NO. g212_003A).

The levels indicated on the drawing are well in excess of the nearest flood levels available for the site and although these are not recently modelled, the difference is substantial enough to be confident that the site is not at risk.

In this instance we are therefore prepared to accept the submitted level survey as sufficient evidence that the site is outside of the extreme flood outline of the River Tawe.

With regard to surface water drainage, we would again ask that the development be designed around an appropriate sustainable drainage system (SUDS). Surface water should be kept separate from the main sewerage system to avoid overloading and subsequent pollution problems.

Highway Observations –

This application is for the construction of part of the Morfa Distributor Road. Morfa Road itself is to be improved however a link is necessary to connect Morfa Road to the north near White Rock. A number of options have been studied and the preferred option is to construct the link from the Park and Ride site linking the A4067 to Morfa Road. The Distributor road is to be constructed through the Hastie site and this forms part of a separate application for redevelopment at the Hastie site.

The proposed link will follow the existing express bus route from the park and ride site with improvements to provide additional lanes for traffic keeping bus lanes intact. The new link road will then deviate at the old Hafod Copper Works and follow the line of the old Swansea Canal down to the Hastie site to connect with the new distributor road to be constructed as part of the Hastie redevelopment and then on to Morfa Road itself.

This option is considered to have the least affect on listed buildings and features in the area and is therefore recommended as the preferred option. Detailed design is yet to be undertaken however all design and construction will be undertaken to current standards and I recommend that approval be granted.

APPRAISAL

The application has been called to Committee at the request of the Ward Member, Councillor Robert Speht. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

The proposal for the Morfa Distributor Road involves the widening / improvement of the existing Landore Park and Ride link road and the construction of a new section of roadway with the intention of ultimately linking onto the end of the existing Morfa Road to form the Distributor Road. The proposal is intrinsically linked to planning application ref: 2008/1615 for the proposed residential re-development of the Hasties site situated at the end of the Morfa Industrial Estate. That proposal involves the construction of an extension of Morfa Road which would link into this current proposal and thus ultimately linking New Cut Road with the A4067 forming the Morfa Distributor Road.

The link would run within an area with a high concentration of listed buildings and Scheduled Ancient Monuments relating to the industrial heritage of the Lower Swansea Valley. These include the canteen and laboratory buildings of the former Yorkshire Imperial Metals (YIM) works; the copper slag abutment and pier; the Hafod lime kiln, all to the west and the Musgrave engine house and adjoining chimney stack and Vivian Works engine house to the east.

The new two lane carriageway would be measure 8 metres in width, with a 2 metre wide footpath along the eastern side of the link with a grassed verge on the opposite side. The junction with the park and ride bus link will require the installation of traffic lights to control access and street lighting columns are also proposed along its length. Due to the significant changes in levels between the eastern and western side of the site the proposal involves significant cut and fill engineering works to accommodate the route.

The Tawe Riverside Corridor Study (TRCS) was adopted by the City and County of Swansea in 2006, and one of the key aspirations of the TRCS is the delivery of the ‘Morfa Distributor Road’, which would require the upgrading of the existing Morfa Road from its junction on New Cut Road and then providing a new road link via the existing Landore park and ride access onto the A4067 to enable to have a distributor road function. The distributor road would serve development within the area and moreover would relieve traffic congestion elsewhere on the highway network by providing a direct corridor to the city centre from the north and in doing so would help improve air quality in a failing Air Quality Management Area.

The TRCS masterplan originally envisaged the construction of a river bridge to facilitate the Morfa Road distributor road. However, the alignment of the road has now been reconsidered with 2 alternative options due to concerns with cost and deliverability, whilst having regard to minimising environmental impact, particularly on industrial heritage, and safeguarding further development opportunities. All 3 options involve an extension of Morfa Road, north, through the former Hasties site, and an upgrading of Morfa Road from the Hasties site southwards.

Option A – Original Hafod By-pass proposal This is a through route from Morfa Road direct to the A4067 / B4603 roundabout (original Hafod Bypass). This option follows exactly the line of the Swansea Canal through the former Hafod Copperworks site before joining Neath Road. The proposed route will impact on the canal itself and four listed buildings, which lie alongside the canal to form its boundary. The proposed route between the northern end of Morfa Road and the express bus route follows the line of the Swansea Canal. The majority of the canal in this area has been infilled. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

Much of the land in this area is eroded down the steep slope to the Tawe, which means that the available area between the slope and the railway sidings is restricted and will impact on the canal itself and the Hafod Canal Boundary Wall (which is a Listed Building). Option A is considered expensive, with a high impact on the line of the Swansea Canal and on a number of listed structures.

Option B – White Rock Option The White Rock Option route comprises a roadway leading northwards from Morfa Road, along the Swansea Canal, turning northeast towards a new roundabout with a bridge over the Tawe to the existing White Rock roundabout. The route lies outside the White Rock scheduled area, but would impact on the archaeology and on the present landscaped park. The route would cross part of the site of the Middle Bank Copperworks , which mainly lies beneath the White Rock roundabout, but the site has no statutory designation. The route does not directly impact on the White Rock Copperworks site, and lies outside the White Rock scheduled area, but would impact on the present landscaped park and the archaeology of the Middle Bank Works. Option B is considered the most expensive, visually obtrusive with significant impact on the setting of a number of the key listed structures.

Option C – Swansea Canal / Bus Priority Route This Option is similar to Option A initially with the proposed route between Morfa Road and the express bus route mainly following the line of the Swansea Canal. Therafter it would follow a widened express bus route before joining the A4067. This Option will miss the majority of the listed features with the exception of a small section of the listed (Grade 2) canal walling. Option C will run adjacent to the Grade II listed Hafod Canal Boundary Wall, which is constructed of copper slag, sandstone and brick and extends for some 80 metres and 3.5 metres in height. The condition of this walling is poor. Near to the intersection with the express bus route, it crosses the line of what once was the main bridge entrance into the Hafod works. This option involves covering the southern half of the Swansea Canal with a new bypass, although trial pits / archaeological investigation will enable any finds to be recorded before being covered. Option C is the most cost effective due to maximising the use of existing roads and would result in the least disturbance to listed buildings and the site archaeology. Option C is therefore the applicant’s preferred option and is therefore the subject of this planning application.

Main Issues

There are no residential properties within the vicinity of the proposal and therefore the main issues for consideration with regard to this application are as follows:

 Compliance with development plan policy regarding transportation and reclamation;  Impact on highway conditions and traffic issues;  Townscape and visual impact including impact upon Listed Buildings and Scheduled Ancient Monuments and their settings;  Physical and archaeological implications;  Any other issues arising from the representations received.

There are considered to be no additional issues arising from the provisions of the Human Rights Act. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

Transportation and Reclamation – Development Plan Policy

The amplification to Policy AS11 indicates that whilst the main thrust of the access policies are toward supporting public transport developments and improved provision for pedestrians and cyclists, limited road construction is still necessary to:

(i) Complete missing links in the primary route network, particularly the core M4 / Swansea Valley/City Centre regeneration corridor, (ii) Facilitate effective distribution and management of traffic around the City Centre, (iii) Enable developments to proceed, and (iv) Minimise the impact on residential and other environmentally sensitive areas.

Within this context the Morfa Distributor Road is identified on the UDP Proposals Map. It is indicated that the Morfa Distributor Road would link the A4067/A4217 junction at White Rock with the Morfa Road/ New Cut Road (A483) junction and facilitate the development of opportunities along Morfa Road. The Tawe Riverside Corridor Study (TRCS) describes the design concept for the road, which could involve the provision of a gyratory carriageway layout at New Cut Road. The TRCS states that developer contributions will be sought from sites along the riverside corridor as part of the efforts to secure the necessary funding package to implement the Distributor Road scheme.

Impact on Highway Conditions and Traffic Issues

As indicated this preferred option is to construct the link from the Park and Ride site linking the A4067 to Morfa Road. The Distributor road is to be constructed through the Hastie site and this forms part of a separate application for redevelopment at the Hastie site (Ref:2008/1615). The proposed link will follow the existing express bus route from the park and ride site with improvements to provide additional lanes for traffic keeping bus lanes intact. The new link road will then deviate at the old Hafod Copper Works and follow the line of the old Swansea Canal down to the Hastie site.

This option is considered to have the least effect on listed buildings and features in the area and has been determined to be the preferred option. Detailed design is yet to be undertaken however all design and construction will be undertaken to current standards and the Head of Transportation raises no highway objection. The construction of the Morfa Distributor Road is therefore in accordance with Policy AS11 and the aspirations of the TRCS.

Townscape and Visual Impact and Impact On listed Buildings/Ancient Monuments and Their Settings

The application area and its environs are recognised as containing the largest collection of surviving buildings relating to Swansea’s industrial heritage along with containing other important features buried in the area. The buildings within this area are generally in a poor state of repair and any attempts by the Council to secure them in the short term have been met with a serious level of vandalism. The site for the most part is also heavily overgrown. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

General development policy EV1 of the UDP indicates that new development should sensitively relate to existing development pattern and seek to protect natural heritage on the historic and cultural environment and have regard to the desirability of preserving the setting of any listed building. Moreover, regard must be had to UDP Policies EV6 and EV1 which seeks to protect, preserve and enhance Scheduled Ancient Monuments and their settings and safeguard listed buildings. Where proposals affect sites and areas of archaeological potential, a planning application should be accompanied by an assessment or evaluation of the archaeological or historic importance of the site or structure, the likely impact of development on the archaeological site, and the measures proposed to preserve, enhance and record features of archaeological interest. The Glamorgan Gwent Archaeological Trust (GGAT) has identified five Archeologically Sensitive Areas (ASAs) within the County, and the site is included in the Lower Swansea Valley ASA. The designation does not confer any extra planning controls on the ASA and is not intended to restrict development, but indicates areas where the effect of proposed development on the archaeological resource may become an issue during the determination of a planning application. The ASA do not indicate every area where archaeology will be a factor in the determination of planning applications, but will show the likely areas where this will occur.

There are no Scheduled Ancient Monuments within the proposed road development area, although one (SAM GM483) lies in the vicinity, approx. 40 metres to the east around the Musgrave Engine House and Chimney. There are two Listed Buildings that may be directly affected by the proposed development: the Quayside wall of the former Hafod Copperworks and the Hafod Canal Boundary Wall. Other listed buildings lie in the vicinity: the Vivian Chimney, Vivian Engine House and the Musgrave Engine House and Chimney. These may be indirectly affected by the proposed works.

The application is accompanied by an Archaeological Desk-Based Assessment for the Hafod Copperworks prepared by Cambria Archaeology. This describes how the Swansea Canal was established on the western bank of the Tawe between 1794 and 1798 to open up the coal trade from the Swansea Valley. Its presence encouraged the establishment of other industries, such as the Hafod and Morfa Copperworks. The canal was no longer profitable by the early 20th century and it became disused and finally closed and infilled in 1931. Hafod Coppeworks was established in 1809, with the adjoining Morfa Works opening in 1828. At its peak in the mid 19th century, Hafod was the largest copperworks in the world and between them, the copperworks of the Lower Swansea Valley accounted for 90% of the world’s copper production. The two works merged in 1924 and were acquired as YoRkshire Imperial Metals (YIM) in 1957. Copperworking finally ceased in 1980. The site was acquired by the Swansea City Council and much of it cleared. The A4067 / A4217 Cross Valley Link Road was constructed through the centre of the site in the early 1990’s and more recently the car park for the Landore Park-and-ride scheme has also constructed. The structural remains within the study area are not limited to the listed buildings and Scheduled Ancient Monuments. There are also extensive remains of many former structures which increase the group value of the site and together represent one of the few assemblages of surviving 19th century industrial buildings left in Swansea.

Any development within this area will therefore have a significant impact on the archaeological resource and Glamorgan Gwent Archaeological Trust (GGAT) indicated that the submitted Archaeological Desk-Based Assessment did not include the appropriate level of information on the archaeological resource, the impact of the proposed development on the scheduled ancient monuments and their setting or any meaningful proposals to mitigate these impacts. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

Consequently the ‘Morfa Road, Hafod Coppeworks Site, Swansea: Environmental Impact Assessment’ document prepared by Dyfed Archaeological Trust has been submitted to evaluate the impact of the proposed development on the archaeological and cultural heritage resource within the site and also to assess the visual effects upon the setting of scheduled and listed buildings within the vicinity of the proposal.

This Assessment uses accepted methodology for assessing the impact of the development on the cultural heritage resource.

The significance of physical effects is measured as from substantial to neutral with major, moderate and minor impacts in between. The significance of an impact is a function of the sensitivity of the receptor (high, medium, low, negligible, unknown) and the magnitude of effect (high, medium, low or negligible). It then goes on to recommend mitigation measures to mitigate the impacts which again range from substantial to neutral, with major, moderate and minor in between. Impacts are assessed for the construction and operational phases of the development and consider not just the direct and visual effect but also the cumulative impacts. The Assessment identifies the following key impacts and mitigation measures:

IDENTIFICATION AND EVALUATION OF KEY IMPACTS

Construction Phase

The enlarged embankment and road-widening scheme will overlay some sites. Although no ground-penetrating works are planned and therefore the sites will not be directly affected, visible elements will be buried and may suffer from compression as well as site clearance works and the general movement of heavy machinery across the site. This will affect the following sites:

YIM 5 Building – Site of Stores and office (corner of) YIM 16 Building – Site of machine shop/casemakers shop (corner of) YIM 41 Building – Site of offices YIM 43 Revetment Wall and possible furnace YIM 44 Revetment Wall and site of Cold Rolls Sett surface surrounding these sites.

Lowering current levels where the proposed new and existing roads meet will involve ground-penetrating works that will, or are likely to, damage or destroy parts of the following sites:

NPRN 35504 Swansea Canal YIM 1 Wall(the upstanding remains of this wall will be removed from the line of the widened roadway) YIM 38 Bridge (the visible cobbled/stone surface will be removed from the line of the new road) YIM 41 Site of offices

The movement of heavy plant and machinery across the site could cause damage to features either on the ground surface or close to the surface across the entire site, but of particular concern along the proposed new route are upstanding wall remains of: AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

YIM 2 / Building 6.0 (Cadw ref. 16881) Canal boundary wall

The cutting of a drainage channel from the proposed new road down to the river is likely to disturb both upstanding and below-ground remains (if any exist) of the following sites:

Cadw Ref: 16879 Former Quayside wall YIM 2 / Building 6.0 (Cadw ref: 16881) Canal boundary wall (the unlisted and mostly tumbled continuation of the wall labelled as YIM 2/Building 6.0) Unnumbered building

Operational Phase

It is currently uncertain exactly what effect the new road layout along the line of the Swansea Canal (NPRN 35504) will have on underlying canal deposits in terms of compression and vibration, but it is believed that the made up ground should provide some protection to underlying deposits.

It is also unclear what effect the passage of traffic will have on the upstanding remains of the boundary wall (YIM 2 / Building 6 / Cadw ref: 16881) in terms of vibration. There is also the risk of road traffic accidents resulting in damage to the structure.

Visual effects

The presence of the distributor road will have a visual effect upon the setting of nearby listed buildings and structures, namely Building 7.0 (Vivian Chimney), Building 8.0 (Vivian Engine Work s), Building 9.0 (Musgrave Engine House and Chimney) and Canal Wall YIM 2 / Building 6 (Cadw ref: 16881). The road will to some extent act as a backdrop to this group of features when viewed from a variety of directions.

The potential need for raised street-lights along this stretch of the road may also compromise the dominance the chimneys currently have on the skyline, an aspect that has been recognised as an important visual element of Swansea’s industrial heritage (Wyn Thomas Gordon Lewis 2004, p29).

The extended and raised embankment that carries the widened road up the valley side will increase the visual separation and isolation of this group of listed buildings from the other major area of listed buildings bordering the Landore Park & Ride car park to the north.

The separation of the two groups of listed buildings by the distributor road may also affect the possibility of visualising the two groups as being part of a single industrial complex.

Building part of the road over and along the route of the former canal will have a detrimental affect on the visual appreciation of the significance of this cultural heritage feature, both to the understanding of the Hafod Copperworks site and the cultural heritage of Swansea generally. It would further reduce and isolate potentially undamaged sections of the canal, and would preclude the possibility of its restoration as a public amenity, presentation as a feature of Swansea’s Industrial heritage and a means of linking the interpretation and appreciation of the Hafod Copperworks site as a whole. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

The presence of the road would compromise the setting and ‘readability’ of the Listed Canal-side wall.

Cumulative Impacts

The focus of this assessment is limited to the effects of the distributor road construction only. This construction, however, is likely to be the first stage in the development of the surrounding area.

As a result, while the physical and visual impacts of the distributor road are perhaps limited, the cumulative impact of the road and the subsequent development of the surrounding area may be considerable.

The construction of the road prior to development of the rest of the site may restrict options for the character of the future development, and limit options for the sensitive and creative conservation, enhancement and presentation of the industrial heritage of the area.

MITIGATION

Specific recommended works

In the absence of an overall development plan for the former copperworks site, it is difficult to anticipate how mitigation of the affects of the construction of the distributor road upon the cultural heritage resource would tie in with mitigation for the subsequent development of the area.

Mitigation in advance of the redevelopment of the Upper and Middle Bank Copperworks sites involved large-scale exposure, excavation and detailed recording of the industrial complex. Were such a programme of works envisaged for the Morfa Copperworks site as a whole, archaeological mitigation requirements for the road might be substantially different than for the road alone, potentially requiring full excavation of the road area, regardless of whether archaeological deposits will be directly or indirectly affected by the construction.

Consultation with specialists in the history and archaeology of the Swansea copper industry is recommended to ascertain the need or otherwise of total excavation. It may be that following the Upper and Middle Bank excavations, specific research questions can be identified that could be the focus of the Morfa Works site. They might also inform the viability of options for preservation in-situ, consolidation and display of parts of the site within the subsequent development.

The archaeological mitigation works outlined below are therefore suggestions only, decisions regarding the scope and extent of any further works will be taken by the Local Planning Authority’s archaeological advisor.

The Canal (NPRN 34504) As already stated, previous archaeological assessments of this area have suggested that ‘a comprehensive programme of evaluation will be required along the length of the canal before the determination of any development’. However, the Council engineers state that for both archaeological and engineering reasons the development intends to disturb underlying canal deposits and structures as little as possible. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

Prior to the drawing up of final plans for the road it is anticipated that test pits will be dug along the route to establish underlying grounds conditions. This work should be undertaken under archaeological watching brief conditions, so that underlying deposits and features can be archaeologically assessed and recorded. Depending on the results of the test pitting, and the finalised construction plans, more extensive evaluation or excavation or other mitigation may or may not be appropriate.

It is anticipated that underlying canal deposits and structures will be affected by proposed ground-works at the northern end of the proposed new road. As a result archaeological excavation and recording may be required on the canal bridge (YIM 38) and surrounding features, as groundworks here are likely to cause the destruction of deposits on the ground surface or immediately below it.

Building recording should be undertaken on the section of upstanding wall (YIM 1) that will be removed during the proposed works.

A structural survey may be required for the section of canal boundary wall (YIM 2/Building 6/Cadw ref 16881) to determine whether the construction works and subsequent operation of the road would be detrimental to the structure.

An evaluation excavation of a section across the entire canal width and elsewhere along the road corridor should be considered. Such an evaluation would record structures and deposits, inform engineering and heritage management decisions, provide information upon which to base the cost and logistics of later stages of archaeological mitigation, and provide information for public presentation and interpretation of the site as part of a mitigation package. Such an excavation would also provide information to inform possible options for the conservation or restoration of parts of the canal or other features.

The Quayside wall (Cadw ref no. 16879) This feature may be affected by the proposed scheme for draining water from the road to the river. Archaeological recording of any part of the structure that may be damaged should be undertaken. Related groundworks should be undertaken under standard archaeological watching brief conditions, allowing sufficient time to undertake recording of structures revealed.

SAMs and Listed Buildings and structures The listed and scheduled buildings that are located close to the proposed road will not be directly affected by the construction. There may, however, be indirect effects, primarily on setting and context. Any effects on the setting and context of these buildings from the presence of the road could potentially be mitigated by sensitive design of subsequent development of the area.

The use of tall lighting columns along the proposed widened express bus route should be avoided if possible, to reduce the visual impact on existing 19th century industrial buildings in the area.

A protective barrier may be required along the route of the proposed new road to protect the upstanding remains of the canal boundary wall. Care should be taken in the positioning of such a barrier however, to avoid damage to underlying canal deposits and structures, and the visual context of the listed structure. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

The rest of the road corridor If mitigation for the proposed road construction is seen as part of a more intensive mitigation for the redevelopment of the Morfa Copperworks site as a whole, full excavation of the route may be required.

As a minimum, groundworks along the road route and construction zone, including clearance works and topsoil stripping, should be undertaken under standard archaeological watching brief conditions, allowing sufficient time to undertake recording of structures revealed, including any walls and surfaces that may be encountered.

Other considerations

Any groundworks or archaeological excavation on this site is likely to be complicated by high levels of contaminants present within the soils. All groundbreaking operations, including archaeological investigations, could release those contaminants and be a potential risk to project personnel, members of the public and the environment. Therefore, a full Risk Assessment would need to be prepared, approved and in place before any trial areas were excavated.

Any archaeological excavations that may occur as part of a mitigation programme for the road construction and subsequent development may potentially offer good opportunities for presenting and explaining the cultural heritage of Swansea’s industrial past to the public.

Conclusions of the Archaeological Impact Assessment

The proposed road development involves the creation of an enlarged embankment, drainage works and the creating of a new road on the site of the former Hafod Copperworks site and adjacent Swansea canal. The Morfa Copperworks site is one of the last surviving remnants of Swansea’s industrial heritage. As such it is an important resource which still offers potential to provide access to, and appreciation of the city’s industrial heritage. The majority of the works will involve making up ground rather than ground penetrating works. This will help minimise the potential impact on the archaeological and cultural heritage resource but will still affect it in several ways. The following observations are made:

 Both visible and below-ground archaeological deposits and features remain under threat during ground clearance works and the movement of heavy plant and machinery.

 Some visible remnants of the industrial site will be buried beneath the proposed works. The route of the new roadway will involve the removal of upstanding wall remains and visible cobbled/stone surfaces. Drainage from the road to the river may impact upon currently buried building and other remains.

 The ground level will have to be lowered in an area that may cause damage to underlying canal and canal bridge remains.

 It is possible construction works and subsequent operational use may affect the upstanding remains of the canal boundary wall, a Grade II listed building. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

 The creation of the enlarged embankment and new lighting columns may impact on the visibility, setting and context of the collection of building remains adjacent to the proposed development.

In order to mitigate against these effects it is recommended that as a minimum a series of archaeological investigations and recording be undertaken, these include:

 small-scale archaeological evaluation be undertaken in the area where the ground is to be lowered.

 building recording be undertaken on upstanding structures that will be removed or damaged during the construction works.

 a minimum of an archaeological watching brief be undertaken during initial ground investigation works, drainage channel works and site clearance works.

 appropriate street furniture be used to minimise the visual impact of the development.

It is strongly recommended that the mitigation measures that are devised for the proposed road development form part of a larger mitigation strategy for the Morfa Copperworks site as a whole. This may result in a greater degree of archaeological mitigation being required for the road development than the minimum suggested above.

Conclusion

The construction of the Morfa Distributor Road with the potential of linking with New Cut Road and the A4067 would be in accordance with UDP Policy AS11 and is a key development aspiration of the Tawe Riverside Corridor Study (TRCS). The TRCS identifies the distributor road to serve new developments in the area and also to alleviate traffic congestion and air quality issues in the adjacent Hafod area, providing an alternative route from the north into the City Centre. The identified alignment of the road maximises the use of existing roads and would result in the least disturbance to the listed buildings and the site’s archaeology.

The road will however have a significant impact on the cultural heritage resource. The submitted Archaeological Impact Assessment identifies the known and potential impacts and recommends general and specific mitigation measures. Critically it acknowledges the difficulty of recommending mitigation measures for the road alone in isolation from the larger Morfa Copperworks Site as a whole, particularly in relation to the extent of archaeological excavating which may be required. The redevelopment of the Morfa Copperworks Site is however unlikely in the immediate future and the construction of this new road is considered a critical part of the new highway infrastructure necessary to secure the redevelopment of the sites along Morfa Road which effectively is currently a cul de sac. It is also included in the Unitary Development Plan, albeit its route is, in part, different to the current application. In the circumstances therefore it is considered unreasonable to further delay the consideration of this application. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

Subject to appropriate conditions to ensure that as part of the detailed design and construction of the road a more detailed archaeological assessment and evaluation is undertaken which will inform the design and the proposed mitigation measures including the preservation of archaeological remains in situ or by record. A grampion condition similar to the advice in Welsh Office Circular 60/96 is therefore recommended. This would also need to ensure that the proposed mitigation measures are devised so that they form part of a larger mitigation strategy for the Morfa Copperworks site as a whole, to be undertaken when the site id developed.

Separate Listed Building consents will be required for works if at detailed design stage they are shown to directly effect the two listed buildings on the route of the road – the quayside wall of the copperworks and the canal boundary wall. It is considered that the settings of the Listed Buildings and Scheduled Ancient Monuments can be adequately protected by careful mitigation, also controlled by condition. Subject to the conditions therefore approval is recommended.

RECOMMENDATION

APPROVE, subject to the following conditions:

2 The development shall be completed in accordance with a scheme for the landscaping of the site. The approved landscaping scheme shall be carried out within 12 months from the completion of the development. Any trees or shrubs planted in accordance with this condition which are removed, die, become seriously diseased within two years of planting shall be replaced by trees or shrubs of similar size and species to those originally required to be planted. Reason: To ensure that the site is satisfactorily landscaped having regard to its location and the nature of the proposed development, and to accord with Section 197 of the Town and Country Planning Act 1990.

3 A detailed scheme for the eradication of Japanese Knotweed shall be submitted to and approved in writing by the Local Planning Authority, and shall be implemented in accordance with the approved scheme. Reason: In the interests of the ecology and amenity of the area.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

4 No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority. The scheme shall indicate how the work would be consistent with a wider investigation and mitigation strategy for the adjacent Morfa Copperworks site. Reason: To safeguard this area of archaeological interest.

5 Notwithstanding the details shown on the approved drawing numbers G212A002 rev A precise details and locations of signage, street lighting columns, traffic signals, and the colour and finishes of the surface materials shall be submitted and approved in writing by the Local Planning Authority prior to development commencing. The scheme shall be completed in accordance with the agreed scheme. Reason: To protect the setting of the adjacent listed buildings.

6 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or amending that Order), Class A or Part 2 of Schedule 2 (relating to means of enclosure) shall not apply. Reason: he development hereby approved is such that the Council wish to retain control over any future development being permitted in order to ensure that a satisfactory form of development is achieved at all times. To ensure that the proposed development will not cause pollution of controlled waters.

7 Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority: 1. A preliminary risk assessment which has identified: * all previous uses * potential contaminants associated with those uses * a conceptual model of the site indicating sources, pathways and receptors * potentially unacceptable risks arising from contamination at the site.

2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 3. The site investigation results and the detailed risk assessment (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. Any changes to these components require the express consent of the Local Planning Authority. The scheme shall be implemented as approved. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

8 Prior to the commencement of development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the Local Planning Authority. Reason: To ensure that the proposed development will not cause pollution of controlled waters.

9 Reports on monitoring, maintenance and any contingency action carried out in accordance with a long-term monitoring and maintenance plan shall be submitted to the local planning authority as set out in that plan. On completion of the monitoring programme a final report demonstrating that all long-term site remediation criteria have been met and documenting the decision to cease monitoring shall be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that the proposed development will not cause pollution of controlled waters.

10 If during development, contamination not previously identified is found to be present at the site, then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with. Reason: To ensure that the proposed development will not cause pollution of controlled waters.

11 The development shall not be brought into beneficial use until a scheme for the disposal of surface water drainage has been submitted to and approved by the Local Planning Authority and shall be implemented in accordance with the approved scheme. Reason: To prevent pollution of the wider environment.

INFORMATIVES

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 15 (CONT’D) APPLICATION NO. 2008/0919

PLANS

G212_001 site location plan, G212_002 proposed road, G212_004 cross section, G212_005 cross sections received 1st May 2008. Additional plans G212A002A, G212A_004.2, G212A_004.1, G212A_005.2, G212A_004A, G212A_005.v received 14th May 2008, Archaeological Environmental Impact Assessment (Additional Information received 15 Dec. 2008).

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 1 APPLICATION NO. 2008/1615 WARD: Landore Area 1

Location: Bernard Hastie and Co and adjacent Maliphant Sidings, Morfa Road, Swansea, SA1 2EW Proposal: Redevelopment of site with construction of up to 52 houses (3 storey) and 84 apartments (5 storey) together with phase 2 Morfa Distributor Road, new access road, car parking, landscaping, infrastructure, re- profiling and engineering works (outline) Applicant: Guy Hall Partnership and Network Rail

BACKGROUND INFORMATION a. Relevant Planning Policies

Swansea Unitary Development Plan

Policy EV1 New development shall accord with a defined set of criteria of good design.

Policy EV2 The siting of new development shall give preference to the use of previously developed land and have regard to the physical character and topography of the site and its surroundings.

Policy EV3 Accessibility criteria for new development.

Policy EV4 Creating a quality public realm

Policy EV5 Provision of public works of art, craft or decorative features to enhance major new development will be supported.

Policy EV6 Ancient Monuments and Protection of Archaeological Sites

Policy EV34 Development proposals will only be permitted where they would not pose a significant risk to the quality of controlled waters.

Policy EV35 Surface water run-off

Policy EV36 New development within flood risk areas will only be permitted where flooding consequences are acceptable.

Policy EV38 Development proposals on contaminated land will not be permitted unless it can be demonstrated that measures can be taken to overcome damage to life, health and controlled waters.

Policy EV40 Development proposals will not be permitted that would cause or result in significant harm to health, local amenity because of significant levels of air, noise or light pollution.

Policy EC3 Improvement and enhancement of the established industrial and commercial areas will be encouraged. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

Policy HC2 Proposals for housing developments within the urban area will be supported where the site has been previously developed or is not covered by conflicting plans policies or proposals.

Policy HC3 In areas where a demonstrable lack of affordable housing exists, the Council will seek to negotiate the inclusion of an appropriate element of affordable housing on sites which are suitable in locational / accessibility terms and where this is not ruled out by exceptional development costs.

Policy HC17 In considering proposals for development the Council will, where appropriate, enter into negotiations with developers to deliver planning obligations under Section 106 of the Town and Country Planning Act 1990. The Council will expect developers to make contributions towards:

(i) Improvements to infrastructure, services or community facilities, (ii) Mitigating measures made necessary by a development, and (iii) Other social, economic or environmental investment to address reasonable identified needs.

Provisions should be fairly and reasonably related in scale and kind to the individual development

Policy HC19 The Tawe Riverside Park will be completed to improve its role as an attractive recreation area and complete the pedestrian and cycle network

Policy HC24 Provision of public open space within new housing developments

Policy AS1 New developments (including housing) should be located in areas that are currently highly accessible by a range of transport modes, in particular public transport, walking and cycling

Policy AS2 Design and layout of access to new developments should allow for the safe, efficient and non intrusive movement of vehicles

Policy AS4 Creation or improvement of public access routes will be encouraged

Policy AS6 Parking provision to serve developments will be assessed against adopted maximum parking standards to ensure appropriate levels of parking

Policy AS11 Road construction and /or improvements are proposed at the Morfa Distributor Road

Planning Policy Wales 2002 Supports in principle the redevelopment of ‘brownfield’ sites for new development.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

Supplementary Planning Guidance:

The Tawe Riverside Corridor Study was adopted as policy by the Council in October, 2006. b. Relevant Planning History

2008/0919 Construction of Morfa distribution road and widening of existing express bus route (Council Development Regulation 3) Currently being considered c. Response to Consultations

The application was advertised on site and in the local press as a development accompanied by an Environmental Statement and as a development which might materially affect the setting of a listed building (Former Vivian Locomotive Shed). One letter of observation has been received, making the following enquiry:

1. Is it proposed to schedule archaeological digs at the Bernard Hastie and Cambrian Pottery sites ?

Countryside Council for Wales – does not object to the proposal.

In our opinion, the development as proposed is not likely to have an adverse effect on natural heritage provided the recommendations in the ecological appraisal for reptiles are followed.

Glamorgan Gwent Archaeological Trust –

Original response The application has an archaeological restraint.

The Historic Environment Record, and an archaeological desk-based assessment prepared for the site, shows that there has been significant activity in the area over time, including several phases of construction associated with the various uses of the site. The desk-based assessment notes, in particular, the numbers of early industrial buildings that have been in existence here, visible in historic mapping and in other pictorial sources, as well as several surviving elements of these early industrial structures in use to day as working buildings. The desk-based assessment also highlights evidence for the rapid pace of change and expansion in industry at the above site throughout the late 18th and early 19th centuries, this rapid pace of change is indicative of the innovative and groundbreaking nature of industry in Swansea at this time.

Whilst the area may have been cleared to some extent, recent archaeological work on similar sites, such as the old Addis Site (The Copper Quarter) Swansea (Our Ref: SWA0269), has shown that with substantial industrial structures such as engine houses, buried remains often survive with a high degree of integrity even though it was believe the site had been completely cleared. It therefore can be expected that archaeological remains of significance are located in the area of the proposed development. Consequently, the desk-based assessment produced provides a series of mitigation measures, including; AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

Building recording, to be carried out in order to assess and record the remains of the newly identified nineteenth century industrial buildings.

Building recording, of the structures forming the remainder of the Hasties site, as this is itself a culturally significant site in the industrial history of Swansea.

Pre-determination archaeological evaluation, in order to mitigate the effects of the proposed development on the archaeological resource.

Pre-determination Written Scheme of Investigation and Plan for Mitigation, to be produced based on the results of the above evaluation, and approved by the archaeological advisors to the Local Planning Authority. In order to provide a clear outline for a programme of continuing archaeological works.

Archaeological monitoring, of any further ground investigations, geo-technical works or other works of this nature on site by an appropriately appointed archaeologist.

All of which we would agree as the professionally retained archaeological advisors to your Members are necessary in order to appropriately fulfil the requirements of Planning Policy Wales’ guidance relating to the treatment of the historic environment.

The proposed development has the potential to affect archaeological remains.

Planning Policy Wales 2002 Section 6.5.1 notes that “The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application whether that monument is scheduled or unscheduled.” The more detailed advice in Welsh Office Circular 60/96, Section 12, recommends that “where research indicates that important archaeological remains may exist, the planning authority should request the prospective developer to arrange for an archaeological field evaluation to be carried out before any decision on the planning application is taken.”

It is therefore our opinion in our role as the professionally retained archaeological advisors to your Members that the applicant should be requested to commission such an archaeological work. The determination of the planning application therefore should be deferred until a report on the archaeological evaluation ahs been submitted to your Members. We recommend that this work be undertaken to a brief approved by yourselves and upon request, we can provide a suitable document for your approval.

Furthermore we would recommend that a Written Scheme of Investigation be produced based on the results of such an evaluation and a detailed plan for continuing archaeological works, including details of the mitigation in place to balance the effects of the proposed development against damage to the archaeological resource. This written scheme should be approved by us, the archaeological advisors to the Local Planning Authority, prior to any decision on the planning application being taken. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

A building recording survey should also be undertaken on the early nineteenth century industrial structures and those structures forming the Hasties site. We would envisage that the condition for this work be based on the model suggested by the Association of Local Government Archaeological Officers (ALGAO) in their document Analysis and Recording for the Conservation and Control of Works to Historic Buildings and that this work will ensure that the structures are fully recorded before development commences. We envisage this survey to be undertaken to a Level III standard (English Heritage ‘Understanding Historic Buildings: A Guide to Good Recording Practice’ 2006). The completed record should then be deposited in a suitable repository such as the West Glamorgan Archives or the Historic Environment Record so that future historians can access it.

The ALGAO model is worded:-

No site works shall be undertaken until the implementation of an appropriate programme of building recording and analysis has been agreed with the Local Planning Authority, to be carried out by a specialist acceptable to the Local Planning Authority and in accordance with an agreed written brief and specification.

The justification for the imposition of the condition would therefore be:-

Reason: As the buildings are of architectural and cultural significance the specified records are required to mitigate the impact of the demolition and development.

In addition we recommend that a condition should be attached to any planning consent granted to the current application requiring a programme of archaeological investigation to be approved prior to the commencement of the development, further ground investigation, geo-technical or other works of this nature. We envisage that this would take the form of an archaeological watching brief with contingency arrangements to allow sufficient time and resources for the excavation and recording of archaeological features to be undertaken, post excavation analysis and the production of a report containing the results of the work.

This recommendation follows the advice given in Welsh Office Circular 60/96, and we suggest that the condition is worded in a similar manner to the model given in Section 23 of that document:

No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority.

Reason: To identify and record any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource.

We note that in the Environmental Impact Assessment it is stated that the applicant does not consider that pre-application “intrusive archaeological work … would achieve any mitigation” due to the extensive geo-technical work required to stabilise the site. On the contrary, as the regional archaeological curators it is our opinion that this geo-technical work would be in itself reason enough to require archaeological evaluation potentially followed by full resource. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

Pre-determination archaeological work in this case is essential in order to mitigate the effects of the necessary ground stabilising works let alone any other aspect that the applicant, as a non-archaeological professional, has not understood the necessity of the recommended mitigation work or that the proposed mitigation detailed in the desk-based assessment is a recommendation primarily designed to protect the archaeological resource and consider only after this benefit to the smooth progress of any proposed development.

Further response In our letter of the 12th September 2008 in response to your initial consultation on this application we noted that potentially there was a significant archaeological resource in the application area. We noted that this resource was industrial and that the recent work at the old Addis Site (The Copper Quarter) Swansea had shown that with substantial industrial structures such as engine houses, buried remains often survive with a high degree of integrity even though it was believed the site had been completely cleared. It was therefore our recommendation following the advice given in Planning Policy Wales 2002 Section 6.5.2 and Welsh Office Circular 60/96, Section 13, an archaeological field evaluation to be carried out before any decision on the planning application is taken. Ms. Cole’s letter explains why access cannot be gained to carry out the required evaluation and therefore we must consider whether or not it is appropriate for the current application to be determined without more detailed information on the archaeological resource being provided. Without detailed information on the archaeological resource being available there is a risk of significant archaeological features being revealed during the development and delays occurring leading to a significant financial impact. Therefore to mitigate this potential risk and to ensure that any prospective developer clearly understands the archaeological potential of the site and the measures that will need to be carried out prior to and during any development of the site we recommend that the applicant is requested to produce a document outlining what archaeological investigations will be undertaken on the site, the timing of such works and also the type of mitigation measures that will be employed on the site if archaeological features are present. The presentation of the above document would be sufficient for us to be able to recommend conditions safeguarding the archaeological resource to be attached to any planning consent granted by your Members.

Environment Agency

Original Response

Flood Risk As you are aware, part of the site is classed as C2, as defined by the development advice maps (dam) referred to under TAN15: Development and Flood Risk, July 2004. We note that we have previously commented on this site in response to a request for a scoping opinion. Within this, it was stated that due to site levels submitted suggesting the site is outside the extreme flood outline, no flood consequences assessment (FCA) would be required.

It is noted however, that the current application site differs from that submitted previously and now takes in areas of lower ground closer to the River Tawe. Part of the application site now includes land that may be at risk of flooding in events up to the 0.1% event. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

We would therefore advise that a FCA will in fact be required in order to establish in detail, the extent of flood risk on the site and how the development will be designed to manage the risk. The flood risk to the site could be tidal, fluvial or a combination of the two and all scenarios should be assessed.

Site Contamination The River Tawe has been classed as the receptor, rather than the ground waters beneath the site. The site is entirely covered by made ground, consisting of ash, clinker, slag and demolition rubble. No petroleum hydrocarbons were detected in the soils, however it was evident in all CP boreholes at depths greater than 5.4m This is suggested to be lateral movement from an off-site source, thought to be the railway lines. The trial pits for TP10, 11, 12 and 14 are only to a depth of 0.3m. Samples at depth would be needed as they are all on the NE of the site and no other trial pits characterise this area of the site. TP8 is only on the surface. Limited sampling has been undertaken due to the footprint of the existing buildings.

We are however satisfied, that there are generic remedial options available to deal with the risks to controlled waters posed by contamination at this site. However, further details will be required in order to ensure that risks are appropriately addressed prior to development commencing. In line with the advice given in Planning Policy for Wales we understand that the Authority must decide whether to obtain such information prior to determining the application or as a condition of the permission. Should the LPA decide to obtain the necessary information under condition then the following conditions must be include on any permission granted. Without these conditions, we believe the proposed development poses an unacceptable risk to the environment and we would object to the application.

Surface water drainage With regard to surface water drainage from the site, we note that the Environmental Statement states that ground conditions and contamination make it unsuitable for a sustainable urban drainage system (SUDS) and that surface water will drain to the River Tawe.

At present, much of the site is covered and during construction and post development, there will be greater infiltration. We recognise that there is an increased potential for the pollution of controlled waters from inappropriately located infiltration systems such as soakaways, unsealed porous pavement systems or infiltration basins. However there are SUDS options which could be incorporated, for example lined attenuation ponds, grey-water harvesting systenms, green roofs and even the provision of water-butts. We would also welcome some investigation into hydro-brakes.

In order to satisfy the requirement of section 8.5 of TAN15, further evidence on why it will not be possible to incorporate any type of SUDS must be provided. Only if it can be clearly demonstrated that SUDS are not feasible, should a conventional system be utilised. If such a system is installed, them this must improve upon the current status quo.

All foul water generated from this development must be disposed to the main public sewerage system. We note that Dwr Cymru/Welsh Water have been contacted by the developer who has advised that capacity exists to accommodate the proposed flows. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

Biodiversity With regard to the biodiversity interests at the site, we note the findings of the ecological assessment undertaken. Although the ecology of the site is limited, the River Tawe is an important water body and is regarded as being high environmental sensitivity. An appropriate development free buffer strip must be maintained between the development and the top of the bank of the river. This is to provide some protection to habitats and wildlife that may be present, as well as allowing sufficient access for maintenance purposes.

In consideration of the above, whilst we are satisfied that the majority of our concerns can be addressed via appropriate planning permission, we would ask that determination of the application be deferred until the required FCA has been submitted for review.

Further Response Following further correspondence it has been clarified that during the preparation work for the Environmental Assessment it was found that the riverbank was not stable and that stabilisation work to the bank is required as part of the development. This has resulted in the increase in size of the development area. It was acknowledged that the bank area is within zone C2 and that the land is at risk of flooding. However, we note that there is no proposal in include built development within this area and that all development is set well above flood levels.

Based on this information we are satisfied that due consideration has been given to the flood risk at this site. In this instance, as the flood risk has been acknowledged, we will accept the correspondence as a limited Flood Consequences Assessment (FCA). The following condition is requested for inclusion:

Condition No built development approved by this permission shall take place within the area defined as zone C1 / C2 on the Welsh Assembly Government’s development advice map (DAM), referred to under TAN15: Development and Flood Risk (July 2004). Development shall only take place on those areas currently above 16.5m AOD.

Reason: to reduce the risk of flooding to the proposed development and future occupants.

Head of Environmental Management and Protection –

Condition: Land Contamination This site lies on or adjacent to a number of sites where previous historic industrial use was undertaken resulting in a likely legacy of gross contamination, including Hafod Phosphate works, Hafod Iron Foundry, Hafod Isaf Cobalt-Nickel works, Swansea High Street Station & Yard.

The applicant shall submit a phased scheme, comprising three progressively more detailed reports, detailing measures to be undertaken in order to investigate the presence of land contamination, including relevant gas, vapour and, where appropriate, radiation related risks, at the proposed site. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

Where the initial investigations indicate the presence of such contamination, including the presence of relevant gas/vapour and/or radioactivity, subsequent reports shall indicate the extent of the contamination and the measures to be undertaken in order to remediate the contamination identified. The reports shall be submitted individually. The provision of Phase 2 and Phase 3 reports will be required only where the contents of the previous report indicate to the Local Planning Authority that the next phase of investigation/ remediation is required.

Air Quality Management The applicant shall be required to conduct, and provide the results of, an air quality assessment of the potential impact of the proposed development on the surrounding local area.

i) The assessment shall consider the seven key pollutants within the National Air Quality Strategy and the Air Quality (Wales) Regulations 2000 as amended by the Air Quality (Amendment) (Wales) Regulations 2002 and should pay particular attention to the 1 hour NO2 objective and NO2 annual mean objective. ii) In addition the assessment should also pay particular attention to the PM10 objectives set in regulation ( 24 hour mean objective of 50ug/m3 - 35 exceedences and the annual mean objective of 40ug/m3 to be achieved by the 31/12/2004 and maintained thereafter) Also, an indication of the new Particles (PM2.5) Exposure Reduction objective (contained within the Air Quality strategy 2007) of 25ug/m3 in 2010 and 2020 should be made.

Domestic - Sound Insulation Require a detailed assessment of night time rail noise on development and how the site design will mitigate the effects of this.

Unless otherwise agreed by the Local Planning Authority, prior to the commencement of development a scheme shall be submitted to and approved by the Local Planning Authority to provide that all habitable rooms achieve an internal noise level of 37dBA Leq 16 hour during the day and 35 dBA Leq 8 hour at night. The submitted scheme shall ensure that habitable rooms subject to sound insulation measures shall be provided with acoustically treated active ventilation units. No habitable room shall be occupied until the approved sound insulation and ventilation measures have been installed in that room.

Subject to the inclusion of the above the Pollution Control Division of the Environment Department has no objection to this application.

Highway Observations –

1. Background

1.1 This proposal is for the redevelopment of the Bernard Hastie site at the end of Morfa Road. The proposal is to erect 142 dwelling units made up of 52 houses and 84 flats together with 189 car parking spaces. A Transport Assessment has been submitted in support of the application. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

1.2 The Transport Assessment has assessed the transport and traffic implications of the development and the results indicate that the proposal is acceptable.

2. Traffic Generation

2.1 Traffic generation is predicted to be 21 arrivals and 62 departures in the am peak hour and 55 arrivals with 30 departures in the pm peak hour. This equates to just over 1 vehicle a minute during the peak hour and does not give rise to any capacity issues.

2.2 No reference has been made to the traffic generated by the previous use of the site and all predicted movements have been assumed to be new, therefore a robust assessment has been undertaken.

3. Parking

3.1 Parking for the site is stated to be 189 spaces, however as this is an outline application no detail of how spaces are allocated to each dwelling is given. This aspect will be addressed at detail stage should consent be given

4. Morfa Road Improvements

4.1 The Morfa Distributor Road scheme passes through the site and therefore this development will need to accommodate this road improvement. The developer has agreed to provide this part of the Morfa Distributor where it passes through this site at his expense and this is a positive contribution to the overall scheme. The site access will therefore join the new Distributor road and all traffic movements will be down towards the New Cut Road junction until such time as the Distributor road has been completed and provides a through link.

5. Access by other modes

5.1 Walking distances between the site and access to public transport is acceptable being approximately 300m to bus stops on Neath Road. The City Centre is just under 2Km from the site which is recommended as the maximum walking distance by the Chartered Institute of Highways and Transportation.

5.2 This Council's strategy for the riverside includes the provision of a riverside walk and cycle path. This is referred to in the Transport Assessment. It will be necessary therefore to ensure that development of the site does not prejudice this and therefore a suitable condition should be imposed to safeguard the route and allow for negotiation on the developer's contribution towards its provision.

6. Recommendation

6.1 I recommend no highway objection subject to the following;

i. Prior to occupation of any dwelling within the site, the Morfa Distributor road where it passes through the site, shall be constructed in accordance with details to be submitted and agreed. All at the expense of the developer. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

ii. The internal road serving the site shall be constructed in accordance with details to be submitted and agreed.

iii. Each dwelling shall be provided with suitable parking facilities in accordance with details to be submitted and agreed.

iv. Details of the treatment to the Riverside Walk shall be submitted for approval and implemented in accordance with approved details.

v. Within 12 Months of consent, a Travel Plan shall be submitted for approval and the Travel Plan shall be implemented on beneficial use of the development commencing.

Note 1. The Developer must contact the Team Leader - Highways Management, City and County of Swansea (Highways), Players Industrial Estate, Clydach, Swansea. SA6 5BJ (Tel 01792 841601) before carrying out any work.

Note 2: The Travel Plan shall include details of car reduction initiatives and methods of monitoring, review and adjustment where necessary. Advice on Travel Plans can be obtained from Jayne Cornelius, SWWITCH Travel Plan Co-ordinator Tel 07796 275711.

APPRAISAL

The application has been called to Committee at the request of the Ward Member, Councillor Robert Speht.

The site and its surroundings

The application site is located on the western banks of the Rive Tawe at the northern end of the Morfa Industrial Estate. The eastern end of the site comprises the former industrial site of Bernard Hastie, whilst the western part of the site is land owned by Network Rail and consists of railway sidings. Whilst they are technically operational, they are unused. Additionally, the application site also comprises the wooded embankment above the River Tawe. This is included within the application site because of the engineering operations which will be required to stabilise the embankment to allow the re-development of the land above.

The existing vehicular access into the application site is via Morfa Road. Morfa Road runs generally parallel to the railway line to the west and serves all of the premises on the western bank of the river within the Morfa Industrial Estate. It forms a junction with the A483 New Cut Road approx. 1 km to the south of the site. Additionally, there is a vehicular access via Maliphant Street onto Neath Road which runs underneath the railway line.

The redevelopment of this brownfield site is considered to be one of the key development elements of the implementation of the Tawe Riverside Corridor Study (TRCS), adopted by the City and County of Swansea in 2006. The strategy for the Morfa Road is for a significant opportunity for redevelopment, capitalising on the riverside setting, the proximity of the area to the City Centre and waterfront and also to celebrate and interpret the heritage of the area. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

The strategy for the regeneration of the area is to alter the balance of uses from light and heavy industry and dereliction, which ignores the river frontage, to a high quality mixed area of residential, commercial and light industrial uses. The masterplan for the Morfa Road area envisages the residential development of the Hasties Site. The application indicates that the realisation of the residential scheme on the application site would act as a catalyst for further development, and would radically change the appearance of the area.

In addition, one of the key aspirations of the TRCS is the delivery of the ‘Morfa Distributor Road’, which would require the upgrading of the existing Morfa Road from its junction on New Cut Road and then providing a new road link via the existing Landore park and ride access onto the A4067 to enable to have a distributor road function. The distributor road would serve development within the area and moreover would relieve traffic congestion elsewhere on the highway network by providing an alternative direct corridor to the city centre from the north. The proposed alignment of the Morfa Distributor Road would cross the application site frontage before linking into the ‘Phase 2’ element which links the Landore Park and Ride to the northern boundary of the site, which is currently under consideration under Ref:2008/0919, and is also reported on this agenda.

The planning application

The planning application seeks outline planning permission for the following development:

 58 no. three storey town houses;  84 apartments  together with:

 open space, including play spaces, footpaths, cycle paths and areas for informal recreation;  second phase of the proposed Morfa distributor road;  New roads, accesses, parking areas and paths including  Other ancillary uses and activities;

The scheme as originally submitted involved the re-development of the site with the construction of up 91 houses (3 storeys) and 134 apartments (5 storey), 225 residential units in total. However, during the consideration of the application the developable site area has been reduced as the operational requirements of Network Rail have become clearer. Network Rail have determined that they wish to retain a larger portion of the railway siding for future use and this has resulted in a smaller footprint for the proposed residential area. As a result it is now proposed to construct up to 52 houses and 84 apartments, 136 residential units in total. In addition, the reduction in the site area has meant a re-alignment of the proposed section of the Morfa Distributor Road which would be constructed through the site.

The application is submitted as an outline application with matters of siting and means of access to be determined at this stage. The issues of design, external appearance and landscaping are reserved for future consideration. The planning application is accompanied by a Design Statement which provides additional information on layout concepts and the principles of the scheme. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

Design Issues The site is currently occupied by the former Bernard Hasties buildings and is being used by small industrial users and also comprises the underused Network Rail railway land (‘Maliphant Sidings’). The Swansea to London main railway line isolates the site from the housing area of the Hafod. The site is identified in the Tawe Riverside Corridor Study for housing and the vision for the Tawe Riverside Corridor is to: ‘Develop a modern, attractive and vibrant riverside urban area, creating a place where people wish to live, work and visit, capitalising upon and celebrating the Tawe’s unique contribution to the Industrial Revolution’.

It is proposed for the access to the site to be formed from the ‘Morfa Distributor Road’ which would created by the construction of a road extension from the northern side of Morfa Road through the application site which would then link into the park and ride extension at Landore. The submitted Design and Access Statement (DAS) indicates that owing to the existing topography it is not possible to link the site with the riverside walkway. However, it is proposed to contribute to improvements to the nearby railway underpass (Maliphant Road) as part of the proposal.

Design Strategy The DAS indicates that the proposed form of the development is informed by the site character and that the curved layout derives from the natural sweep of the River Tawe, and the proposed Morfa Distributor Road would provide a buffer to the existing railway line. The DAS states that the design concept has reflected the aspiration to optimise the ‘Riverfront’, and consequently, the masterplan has been configured to promote visual permeability with the 5 storey apartment blocks positioned at ‘right angles’ to the curvature of the river in order to allow a large proportion of the residential units an aspect to the river. The scale of the terraced housing facing onto the proposed distributor road and internal estate road provide a sense of enclosure and legibility to the streetscape. The apartment blocks form individual pavilions whilst the terraced housing contain the development.

The DAS indicates that the density of the development responds to the guidelines set in the TRCS, as the 58 houses and 84 apartments equates to 75 units per hectare. The TRCS recommends a minimum density of 50 units to the hectare, as relatively high densities will need to be achieved having regard to the development costs of the redevelopment brownfield sites. Additionally, the TRCS anticipates higher density apartments on the river frontage and two or three storey dwellings elsewhere, which is considered an appropriate scale for the site. The proposed housing layout attempts to reflect the recommendations of the TRCS. The higher density 5 storey high apartment blocks are located adjacent to the River Tawe which incorporate under-croft car parking with the ground floor raised by 1 metres above the external ground level. The change in level would be masked by landscaping while level access would be accommodated between blocks via raised links. This integration of the under-croft parking reduces its visual impact whilst at the same time allows for the space between to be laid with soft landscaping.

The inner aspect is more intimate and is characterised by 3 storey houses forming streets and squares with car parking provided in front of the houses or in courtyards. The internal layout also provides a legible development pattern whilst encouraging slower traffic. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

Development Plan Policy and Land Uses

National Planning Policy In line with recent Central Government guidance provided by Planning Policy Wales 2002 (PPW 2002), the redevelopment of the former industrial site would fall to be considered as a windfall ‘brownfield’ site, that is a vacant site within the established urban area and that has been previously developed and is now available for redevelopment. In principle, this national policy guidance actively encourages proposals for the redevelopment on such sites, provided they do not give rise to an over-intensive form of development, or an unacceptable loss of important urban greenspace, or have an unacceptable detrimental impact on the character and appearance of the existing residential neighbourhood or on highway conditions. PPW 2002 provides up to date guidance on the Government’s vision for Wales, which seeks to provide a greater choice and variety of homes in sustainable communities, and ensure that previously developed land is used in preference to green field sites. New developments are required to improve the quality of life, regenerate communities, with a mix of private and social housing that enhances where practicable the surrounding landscape and wildlife features.

Unitary Development Plan The site is an established industrial and commercial area and is therefore afforded white land status in the adopted UDP where redevelopment proposals are considered on their merits. Whilst there is no site specific allocation in the Plan, the Tawe Riverside Corridor Strategy (TRCS) provides a relatively up to date planning policy framework for considering schemes along the Morfa Road corridor. The TRCS was adopted as Council policy in August 2006 and it is anticipated that it will become Supplementary Planning Guidance now that the Unitary Development Plan has been adopted.

It is the TRCS rather than the UDP that sets out specific site allocations and proposed uses within the context of a wider strategy for the whole of the Tawe Riverside extending northwards. The overall concept for the Morfa Road section is to deliver a mix of uses, however the TRCS does point out that there is sufficient flexibility to enable the majority of sites to be developed for housing purposes in the longer term. However, phasing is clearly an important element in ensuring that the amenity of future occupiers is not unacceptably compromised by factors such as noise pollution and general disturbance. The UDP states that proposals for non-commercial uses at or adjacent to industrial areas should be determined on their individual merits against broad planning principles, many of which are set out in UDP Policies EV1 and EV2. Of particular relevance is the requirement to consider the level of impact caused by existing commercial uses in terms of environmental pollution to future occupiers at neighbouring sites. The TRCS also deals with ‘Pollution Considerations’, which states that Planning Permission may be refused at sites along Morfa Rd if – notwithstanding the use of good design – the close proximity of a site to existing noise generating uses is considered unacceptable.

UDP Policy EV1 requires that the scheme provides a safe environment for future occupiers by addressing issues of security, crime prevention, fear of crime, and giving consideration to spaces and routes around the site. There is concern whether existing connections to/from the site and areas around it are possible having regard to personal safety issues for future residents. The safety and quality of pedestrian routes from the site to the City Centre and local facilities is crucial. UDP Policy AS2 in particular states that the design and layout of new developments should provide suitable facilities and attractive environment for pedestrians and non car users. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

The extent to which the submitted scheme meets these requirements to provide safe, attractive direct links for the large number of pedestrian movements that would arise from residential occupiers is a significant consideration.

Affordable Housing The need for affordable housing is a material planning consideration and an essential element in contributing to community regeneration and social inclusion. The provision of affordable housing is a key priority for WAG and National Planning Policy in the form of Planning Policy Wales (as updated by Ministerial Interim Planning Policy Statement 01/2006 Housing – June 2006) and Technical Advice Note 2: Planning and Affordable Housing (June 2006) provides the policy guidance. Policy HC3 of the Unitary Development Plan is a strengthening of this policy and requires in areas where a demonstrable lack of affordable housing exists, the Council will seek to negotiate the inclusion of an appropriate element of affordable housing on suitable sites. The general threshold is reduced to 25 dwellings or 1 hectare or phases of such development. The requirement to provide affordable housing will depend upon factors such as the site size, suitability and development costs and whether it would prejudice the realisation of other planning objectives. The TRCS also indicates that a proportion of housing should be affordable.

The Housing Department has completed its Local Housing Market Needs Assessment (LHMNA) which is a key supporting document to the Council’s Housing Strategy. The LHMNA was completed by consultants in accordance with WAG/Central Government Guidance. The Housing Strategy was approved by Council on 13th September, 2007 and represents a significant change in the policy framework relating to the provision of affordable housing. Whilst the LHMNA, which underpins the Housing Strategy, sets a target of 30%, a reduced provision considered to be appropriate given the other benefits which form part of the scheme.

The Head of Housing has indicated that a minimum provision of 15% affordable housing should be provided on the site, with the mix of units and tenure to be determined. However, the developer indicates that the cost of providing affordable housing on the site would be prohibitive having regard to the additional abnormal costs and as such would it unviable for the developer to incur the additional cost. As indicted above, Policy HC3 of the UDP indicates that in areas where a demonstrable lack of affordable housing exists, the Council will seek to negotiate the inclusion of an appropriate element of affordable housing on sites which are suitable in locational / accessibility terms and where this is not ruled out by exceptional development costs. This would need to be negotiated therefore as part of the overall Section 106 contribution requirements, acknowledging that the construction of the road is the highest priority.

Environmental Impact Assessment

The application has been accompanied by an Environmental Statement (ES) due to the fact that the site is located in a sensitive environmental location adjacent to the River Tawe and it was therefore considered that the proposed uses would have significant effects on the environment. The non-technical summary of the ES is available separately.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

The content and structure of the Environmental Statement

The EA provides a detailed description of the site and its surrounding area. It also provides an indication of the recent planning history of this area, and places the current proposals in the context of the overall long-term vision for the site and its hinterland, as proposed by the City and County of Swansea. It also explains the development mix and provides a more detailed description of the proposal. The indicative construction programme is also outlined, along with a broad description of the way in which the proposal contributes to the principles of sustainable development. The EA also provides an overview of the policy context within which the planning application will be assessed. It highlights the key issues arising from Planning Policy Wales and relevant Technical Advice Notes (TANs) and provides a summary of the most relevant adopted and emerging regional and local planning policies, along with other relevant plans and strategies. The EA also examines the need for the scheme and outlines the alternative options that have been considered as the plans have been developed. It explains the rationale for the selected proposal, and the reasons why the described alternatives were not pursued.

The following main issues have been identified within the EA:

 Ecology;  Archaeology;  Air Quality;  Noise and Vibration;  Highways and Transportation;  Land Quality

It is not considered that the provisions of the Human Rights Act raise any other overriding considerations.

Ecology The EIA indicates that an ecological assessment of the development site was carried out. This included a bat survey of the buildings at and around the Hastie factory in order to assess the extent of any bat or other protected species use of the buildings, and to identify any constraints upon the discovery of bats (or other species). The conclusions of the bat surveys were that there was no evidence of bat use at or around the buildings and that bat roost opportunity was very limited.

An examination was undertaken of the western bank of the River Tawe adjacent to the Hasties site, in search of protected species interest which might be affected by works to the embankment. In particular, otters are known to use this stretch of rover, and the examination was made for rest-site use. However, no field evidence of otter presence nor actual or potential resting-sites were found along the bank.

A survey was also conducted of the railway sidings to identify any potential protected species. This indicated limited potential for reptiles and the EIA recommends a number of mitigation measures to encourage suitable habitats. The Countryside Council for Wales have raised no objection to the proposal subject to the recommendations in the ecological appraisal for reptiles being followed. In addition, whilst acknowledging the limited ecological value of the site, the Environment Agency note the environmental sensitivity of the River Tawe, and recommend the retention of an appropriate development free buffer strip between the development and the top of the bank of the river. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

This is to provide some protection to habitats and wildlife that may be present, as well as allowing sufficient access for maintenance purposes.

Archaeology and cultural heritage

The EIA indicates that an Archaeological desk-based assessment was carried out. This concluded that the proposed development will have a major effect upon the Swansea Canal, Former Hafod Phosphate Works, Hafod Foundry, the Hasties site itself and the railway sidings. The report recommends that in terms of mitigation, a building survey be carried out to assess and record the remains of the nineteenth century industrial buildings and the remaining Hasties buildings.

Information regarding the remaining archaeological resource is limited although it is likely that there are significant surviving archaeological deposits below ground. The assessment therefore recommends that an archaeological evaluation is carried out prior to the commencement of development on the site. This should take the form of a written scheme of investigation and plan for further mitigation based on the results of the evaluation. Additionally, it is recommended that an archaeological watching brief is initiated during any further ground investigation and geotechnical works. Whilst acknowledging this advice, the applicants indicate that due to the extensive geotechnical work required to stabilise the site and deal with decontamination, it is not considered that undertaking further intrusive archaeological work prior to determining the planning application would achieve any mitigation. Glamorgan Gwent Archaeological Trust (GGAT) confirm the presence of an archaeological restraint on the site and requested the deferral of the planning application until an archaeological evaluation report has been submitted.

However, the applicants have responded outlining the problems of carrying out an archaeological evaluation of the site at this stage. In particular, as the buildings on the site are still in occupation and as such would place significant constraints on the operation of the business. The applicants would be willing to initiate an archaeological evaluation prior to the commencement of works on site and would except an appropriate condition accordingly. GGAT express concern that without detailed information on the archaeological resource, there is a risk of significant archaeological features being revealed during the development and delays occurring leading to a significant financial impact. GGAT recommends that a document is produced outlining what archaeological investigations will be undertaken on the site, the timing of such works and also the type of mitigation measures that will be employed on the site if archaeological features are present. This could be a requirement of the Section 106, to be attached to the Agreement.

Air Quality An air quality assessment was carried out on the site. The assessment assesses the potential air quality impacts associated with the proposed residential development.

The four key aspects within the proposed development that might be subject to air quality are:  New properties within the proposed development that might be subject to air quality impacts from nearby road traffic;  railway locomotives impacts;  Industrial emission impacts; and  Operational and Construction impacts (Operational impacts on future residents and construction impacts on the local surroundings). AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

The assessment considered that the development would only generate approximately 1000 vehicle movements per day, which would not lead to a significant increase in traffic on local roads. The assessment has not assessed the impact of traffic generated by the proposed development on the surroundings.

The air quality impacts of all probable situations were modelled using a modelling system and data provided by the highway authority and the effects on the air quality within the development from road traffic, with and without the proposed new Morfa Distributor Road, railway locomotives and Industrial sources were found to be negligible, falling below relevant government guidelines in all these areas. Other key findings were that the air quality impacts during construction were judged to mostly comprise dust emissions from demolition and construction activities.

In term of mitigating any potential road traffic impact the assessment considers that the proposed new road is not positioned any closer to the proposed residential properties than illustrated on the submission plans. Any additional distance that can be placed to offset the road from the houses, greater than that shown in the current submitted plans would lessen the impact of the new road on this development.

The assessment also proposes a number of mitigation measures to mitigate dust emissions during the construction phase. These measures involve dampening down of dry unpaved roads on the site and regular sweeping of the site access road to avoid dust spreading. It is also proposed that all vehicles carrying material off site would be sheeted to avoid dust emissions. These measures will minimise the effects on the air quality in the local area such that they do not cause any hazard whatsoever.

Noise and vibration

The EIA incorporates an environmental noise and vibration impact assessment. The purpose of the assessment was to determine the potential noise impact of the proposed development to the local environment during construction and site operation, and to also assess the impact of the local environment on the proposed new dwellings.

Having undertaken a site survey and assessment it was considered that the following areas were investigated more thoroughly:

 Demolition and construction noise  Noise from car parking and on-site vehicular activity  Noise from access road traffic  Noise from the potential Morfa Distributor road  Noise from existing industry and business

The effect and extent of vibration carried through the ground during construction was also investigated.

Construction Noise In general the assessment concluded that the development’s construction noise and vibration would not cause disturbance to local residents. However to mitigate a potential construction noise disturbance, any construction equipment to be used will have to comply with relevant regulations regarding noise and vibration to ensure not to cause a disturbance. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

The assessment considers it is uncommon for the development of residential developments to be such that vibration levels are high, however consideration should be given to the demolition of buildings close to receivers directly adjacent to the development site. The levels required to be generated before structural damage occurs are high and highly unlikely to be reached in the construction of this development.

Operational Impacts

The proposed development would be in close vicinity of the Swansea Mainline railway. Additionally, the operation of the proposed Morfa Distributor Road would lead to the introduction of a new source of noise. The EIA concludes that Noise and vibration from existing surrounding road networks, from the proposed new link road (Morfa Distributor) and the existing railway line would have a negligible impact on existing residential dwellings but would have a medium to high impact on the proposed development. However, mitigation measures can be applied to reduce this potential impact to a negligible level. These measures would include the use of high quality double glazed windows to block sound indoors and screening for outside areas.

The Head of Environmental Management and Protection raises no objection to the application subject to the implementation of a scheme to ensure that all habitable rooms within the proposed development are subject to sound insulation measures.

Transport and highways

The Environmental Impact Assessment submitted with the application incorporates a Transport Assessment. The site would be accessed from the proposed Morfa Distributor Road via a priority right hand turn junction. The Head of Transportation indicates that the proposed traffic generation which equates to just over 1 vehicle a minute during the peak hour and would not give rise to any capacity issues. The developer has agreed to provide the section of the Morfa Distributor Road at their expense and is therefore a positive contribution to the overall scheme. This will be secured via a Section 106 Planning Obligation. The developer has indicated that the cost of constructing the distributor road to a point where the access to the site is anticipated to be £240,000 (based on a length of approx. 120 metres). Additionally, the developer has agreed to contribute to the remaining section of the distributor road across the land within their control at a cost of £303,000 (for a length of approx. 152 metres). It is considered that the total cost and construction of providing the section of the Morfa Distributor Road within the application site be borne by the developer and secured by a Section 106 Planning Obligation.

The site access will therefore join the new Distributor road and all traffic movements will go down Morfa Road to the New Cut Road junction until such time as the Distributor Road has been completed to provide the through link. The completion of the section of the Distributor Road to meet the park and ride extension (currently under consideration Ref: 2008/0919 refers) and thus allow movements northwards would depend on the availability of funding for that proposal. There is also the existing single width vehicular access via Maliphant Street underneath the railway line located at the end of Morfa Road. It is the aspiration of the TRCS to close this access to vehicular traffic pending the completion of the Morfa Distributor Road.

Walking distances between the site and access to public transport is acceptable being approximately 300 metres to bus stops on Neath Road. This pedestrian access would utilise the existing Maliphant Street access underneath railway line. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

Network Rail have indicated the potential of closing the existing Maliphant Street access in order to facilitate their future operational requirements and that in its place they would be prepared to construct a pedestrian bridge over the existing railway line in order to facilitate / retain the existing access. The TRCS recognises that to improve pedestrian linkages from Morfa Road, the feasibility of a pedestrian linkage / bridge over the railway line may need to be considered although the engineering and cost implications are recognised. However, the TRCS also envisages that the link under the railway from Maliphant Street would be for pedestrian and cyclists only, and would be enhanced. The developers have also indicated a willingness to contribute £15,000 towards improving the pedestrian access across / under the railway line. This may be secured by the Section 106 Planning Obligation.

It is an aspiration and one of the development objectives of the TRCS to provide continuous and pleasant public access along the riverbanks of the River Tawe which would provide public access from Parc Tawe through to the Hafod site. A footpath is in place for the majority of the route and present, with the exception of the Swansea Industrial Components site (in the Morfa Industrial Estate), however, it is currently impassable in places due to overgrowth and there are no barriers to protects users along the river edge.

Land Quality

A comprehensive ground investigation has been undertaken as part of the EIA. The site lies on or adjacent to a number of sites where current and previous historic industrial use was undertaken resulting in a legacy of ground contamination by chemicals or materials that have leaked or been spilled during the industrial activity. Within or adjacent to the site, there was the Hafod Phosphate Works, Hafod Iron Foundry, Hafod Isaf Cobalt-Nickel works and also the railway line and sidings.

The ground investigation indicates that the made ground is widely contaminated by metals and contains localised hotspots of organic contamination. In order to mitigate against this a suitable thickness of clean cover will be required in gardens and other areas of soft landscaping to mitigate human heath risks. Chlorinated solvent contamination has been found at two isolated locations in the south-west and east of the site and further investigation of these areas is recommended. The groundwater appears to widely contaminated by petroleum hydrocarbons and appears to be locally contaminated by PAHs, VOCs and PCBs. Further investigation is therefore recommended to gain a more detailed understanding of the characteristics of the identified organic contaminants and to inform a more sophisticated assessment of pollution risk. No protection measures are required in respect of radon, methane, or carbon dioxide gas. Chlorinated solvents have, however, been found on site. Conventional gas protection measures comprising of gas tight ground floor construction and passive sub-floor ventilation may, therefore, be required as a precautionary measure to mitigate such risks for properties located in the vicinity of these boreholes.

The EA indicates that there are generic remedial options available to deal with the risks to controlled waters posed by contamination at this site. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

The Head of Environmental Management and Protection considers that the ground contamination can be controlled by imposing planning conditions requiring the developer to submit a phased scheme, comprising three progressively more detailed reports, detailing measures to be undertaken in order to investigate the presence of land contamination, including relevant gas, vapour and, where appropriate, radiation related risks, at the proposed site and the measures to be undertaken in order to remediate the contamination identified.

Additionally, the EIA indicates that the site’s east boundary slope along the banks of the River Tawe appears to be only marginally stable and stabilisation works will be required. It is considered that the most robust means of enhancing the stability of the slope would be to excavate and re-compact the made ground to form a uniform slope of engineered fill. Further work will be required to inform and complete detailed design of the slop stabilisation works. This may be controlled by planning condition.

Drainage Strategy The EIA indicates that surface water from the existing site discharges direct into the River Tawe without any attenuation and that the public sewerage system in the area is generally of a combined type. It is proposed that the site will drain surface water un-attenuated into the River Tawe, with the proviso that the proposed surface water discharge rate is not to exceed the existing rate of discharge. It is further indicated the impervious surface area of the proposed development will decrease from the existing layout, and therefore there would be a reduction in the surface water run-off rate. It is proposed that a new network of on-site dedicated surface water sewers will convey by gravity surface water to an existing outfall located within the site. The EIA considers that Sustainable Urban Drainage Systems (SUDS) are unsuitable for this site due to the prevailing ground conditions and site contamination, which would make soak-away drainage not a viable option. The Environment Agency (EA) acknowledge that there is the potential for the pollution of controlled waters from inappropriately located infiltration systems such as soakaways. However, the EA indicate there are other SUDS options which could be incorporated, for example lined attenuation ponds, grey water harvesting systems, green roofs or even water- butts. In order to satisfy TAN15 further evidence should be submitted on why it is not possible to incorporate any type of SUD, and only then if it is has been demonstrated that SUDS are not possible that a conventional system may be used. It is proposed that a planning condition is imposed requiring a scheme for the disposal of surface water to be implemented.

With regard to foul drainage, the location of the combined sewer on the western boundary means that a new network of dedicated foul sewers will be constructed that drain the proposed development by gravity. Dwr Cymru Welsh Water have advised that the capacity of the existing public foul sewer can accommodate the proposed flows subject to the submission of a detailed scheme indicating a comprehensive and integrated drainage scheme for the site. This can be controlled by planning condition.

UDP Policy EV36 states that development within flood risk areas will only be permitted where it can be demonstrated that its location is justified and the consequences associated with flooding are acceptable. The EA originally objected to the proposal in order to assess the flood risk from the site. However, during the consideration of the application it became apparent that existing ground levels on the development range from 16.5 m AOD to around 18.5 m AOD and as such are well above the river flood levels. The EA are therefore satisfied that due consideration has been given to the flood risk at the site and that the proposed development will not be liable to a flood risk. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

Conclusion The proposed development would represent a strategic regeneration of a brownfield site within the urban area offering considerable benefits, in particular in facilitating the first phase of the Morfa Distributor Road and would be consistent as a more sustainable form of development being promoted by the Council and the National Assembly for ‘brownfield sites’, in line national and local policy guidance. Having regard to all the relevant Development Plan Policies, the adopted River Tawe Corridor Study and all other material considerations the proposal would represent an acceptable form of development.

It is considered however that conditions and a Section 106 Obligation are necessary to adequately control the development and to achieve the strategic objectives within the RTCS and the Unitary Development Plan. It is acknowledged that scheme viability will be material to the details of the Section 106, and the applicant has supplied some financial information in that respect. This will need to be given more detailed consideration in the final drafting of the Section 106, with priority being afforded to the construction of the highway and the investigation of the archaeological resource within the site.

RECOMMENDATION It is recommended that the application be APPROVED, subject to the following conditions and to the applicant entering into a Section 106 Legal Agreement with regard to:

Section 106 Planning Obligation Heads of Terms  An affordable Housing contribution.  The construction of the proposed section of the Morfa Distributor Road within the developable area. (estimated to be the cost of £543,000).  A contribution of £15,000 towards pedestrian improvements in the vicinity of the railway crossing.  Proposed archaeological investigations.

1 Approval of the details of the design and external appearance of the buildings and the landscaping of the site shall be obtained from the Local Planning Authority in writing before any development is commenced. Reason: To ensure that the development is carried out in an orderly and satisfactory manner.

2 Detailed plans and drawings with respect to the matters reserved in condition (01) shall be submitted for approval by the Local Planning Authority not later than the expiration of three years from the date of this permission. Reason: To comply with the provisions of Section 92 of the Town and Country Planning Act, 1990 and to ensure that the development is determined within a reasonable period.

3 Approval of the details of the siting, design and external appearance of the building(s) and the means of access thereto and the landscaping of the site shall be obtained from the Local Planning Authority in writing before any development is commenced. Reason: To comply with the provisions of Section 92 of the Town and Country Planning Act, 1990 and to ensure that development is begun within a reasonable period. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

4 The development shall be completed in accordance with the approved plans prior to any part of the development being brought into beneficial use. Reason: To ensure that the development is completed in accordance with the plans approved by the Council, and so avoid any detriment to amenity or public safety by works remaining uncompleted.

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

6 Before the development hereby permitted is commenced, details of the levels of the buildings, roads and footpaths in relation to the adjoining land and highways together with any changes proposed in the levels of the site shall be submitted to and agreed by the Local Planning Authority in writing. Reason: To ensure that the work is carried out at suitable levels in relation to the highway and adjoining land having regard to drainage, gradient of access, and the amenities of adjoining occupiers.

7 Samples of all external finishes together with an external finishes schedule illustrating the disposition of finishes within the layout shall be submitted to and approved by the Local Planning Authority before the development is commenced. The scheme shall be implemented in accordance with the approved details. Reason: In the interests of visual amenity.

8 Prior to the commencement of the development of the adoptable roads, full road engineering details of the internal road layout shall be submitted to and approved by the Local Planning Authority and shall be constructed in accordance with the approved details. Reason: To allow the proper consideration of all details in the interests of highway safety.

9 No part of the development shall be occupied until the proposed adoptable roads linking to the existing adopted road network have been constructed to base course level and provided with street lighting in accordance with details to be submitted to and approved by the Local Planning Authority. Reason: To ensure that the development is provided with satisfactory vehicular access in the interests of public safety.

10 No part of the development hereby approved shall be occupied until a Travel Plan for the development has been submitted to and approved by the Local Planning Authority. The Travel Plan shall be implemented in accordance with the approved scheme. Reason: In the interests of sustainability and to reduce reliance on the car as a mode of transport.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

11 Unless otherwise agreed by the Local Planning Authority, prior to the commencement of development a scheme shall be submitted to and approved by the Local Planning Authority to provide that all habitable rooms achieve an internal noise level of 37dBA Leq 16 hour during the day and 35 dBA Leq 8 hour at night. The submitted scheme shall ensure that habitable rooms subject to sound insulation measures shall be provided with acoustically treated active ventilation units. No habitable room shall be occupied until the approved sound insulation and ventilation measures have been installed in that room. Reason: To ensure acceptable living conditions for future residents having regard to the existing and proposed noise environment experienced at the site.

12 Unless otherwise agreed by the Local Planning Authority, no development (which shall exclude site clearance, demolition, ground investigation and site preparation works) approved by this planning permission shall be commenced until a phased scheme, comprising three progressively more detailed reports, detailing measures to be undertaken in order to investigate the presence of land contamination, including relevant gas and vapour related risks, at the proposed site shall be submitted to and approved by the Local Planning Authority. The Phase 1 desktop study should include a Conceptual Method for the initial site investigation which must include a risk assessment relating to the potential affects on groundwater and surface water as a result of the works. Where the site investigation indicates the presence of such contamination, including the presence of relevant gas/vapour, a Method Statement shall indicate the extent of the contamination and the measures to be undertaken in order to remediate the contamination identified, including measures to minimise the impact on ground and surface waters. The reports shall be submitted individually. The provision of the Phase 2 (Method Statement) detailed report and Phase 3 remediation strategy/validation report will be required only where the contents of the previous [Phase 1 desk top study] report indicates to the Local Planning Authority that the next phase of investigation/ remediation is required. Reason: To ensure that the site contamination is satisfactorily remediated in the interests of public safety and amenity.

13 Prior to the occupation of any residential unit, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a "long term monitoring and maintenance plan") for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the Local Planning Authority. Reason: To demonstrate that the remediation criteria relating to controlled waters have been met and (if necessary) to secure longer-term monitoring of groundwater quality. This will ensure that there are no longer remaining unacceptable risks to controlled waters following remediation of the site.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

14 Reports on monitoring, maintenance and any contingency action carried out in accordance with a long-term monitoring and maintenance plan shall be submitted to the local planning authority as set out in that plan. On completion of the monitoring programme a final report demonstrating that all long-term site remediation criteria have been met and documenting the decision to cease monitoring shall be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure that longer term remediation criteria relating to controlled waters have been met. This will ensure that there are no longer remaining unacceptable risks to controlled waters following remediation of the site.

15 If during development, contamination not previously identified is found to be present at the site, then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with. Reason: To protect the water environment. Given the size / complexity and history of the site it is considered possible that there may be unidentified areas of contamination at the site that could pose a risk to controlled waters if they are not remediated.

16 Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details. Reason: To protect the water environment.

17 A detailed scheme for the eradication of Japanese Knotweed shall be submitted to and approved in writing by the Local Planning Authority, and shall be implemented in accordance with the approved scheme. Reason: In the interests of the ecology and amenity of the area.

18 No development shall take place until a waste management plan for the control, management, storage and disposal of demolition waste / excavated material has been submitted to and approved in writing by the Local Planning Authority. Reason: To ensure sustainability principles are adopted during the development.

19 The development hereby approved shall not be occupied until a scheme for the comprehensive and integrated foul water, surface water and land drainage for the site has been implemented in accordance with details to be submitted to and approved by the Local Planning Authority. Reason: To ensure that a satisfactory comprehensive means of drainage is achieved and that no adverse impact occurs to the environment or the existing public sewerage system.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

20 No infiltration of surface water drainage into the ground is permitted other than with the written approval of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. Reason: To prevent pollution of the water environment.

21 No built development approved by this permission shall take place within the area defined as zone C1 / C2 on the Welsh Assembly Government's development advice map (DAM), referred to under TAN15: Development and Flood Risk (July 2004). Development shall only take place on those areas currently above 16.5 m AOD. Reason: To reduce the risk of flooding to the proposed development and future occupants.

22 No development approved by this permission shall be commenced until a Method Statement detailing all necessary pollution prevention measures for the construction phase of the development is submitted to and approved in writing by the Local Planning Authority. Reason: In order to prevent pollution.

23 No development shall take place within the area indicated (i.e. the area of archaeological interest) until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority. Reason: To safeguard this area of archaeological interest.

INFORMATIVES

1 The phased land contamination condition shall incorporate the following information:

Phase 1 report: Desk Top Study this shall: ¢ Provide information as to site history, setting, current and proposed use. ¢ Include a conceptual model to establish any potentially significant pollutant linkages in the source-pathway-receptor human health and environmental risk assessment. ¢ Identify if further investigation or remediation is required. In the event that the Local Planning Authority is then of the opinion that further investigation/ information is required the applicant shall submit a detailed site investigation [Phase 2] report to the Local Planning Authority, viz:

Phase 2: Detailed Investigation this shall: ¢ Provide detailed site-specific information on substances in or on the ground, geology, and surface/groundwater. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

Provide for a more detailed investigation of the site in order to confirm the presence or absence of those potentially significant source-pathway-receptor pollutant linkages identified in Phase 1. Note; where any substance should be encountered that may affect any controlled waters the applicant, or representative, must contact the Environment Agency in order to agree any further investigations requred. In the event that the need for remediation is identified the applicant shall submit a subsequent detailed [Phase 3] report to the Local Planning Authority, viz:

Phase 3: Options Appraisal/ Remediation Strategy this shall: ¢ Include an appraisal of the proposed options for reducing the environmental and human health risks identified in Phase 1 and Phase 2 to an acceptable level, in a managed and documented manner, to best practice and current technical guidance, and the remediation measures required and how they are to be undertaken.

Phase 3: Verification Report ¢ A verification report will be produced providing details of the data that will be collected in order to demonstrate that the approved remediation works have been ca ried out satisfactorily, remediation targets have been achieved and identifying any requirements for longer term monitoring/ measurement.

[See Footnote]

Footnote The applicants attention should be drawn to the following documents: " EA/WLGA: "Land Contamination - a Guide for Developers" and its associated briefing note which can be found on the Pollution Control - Contaminated Land pages of the City & County of Swansea website http://www.swansea.gov.uk/index.cfm?articleid=1084 " LQM/CIEH: "Generic Assessment Criteria for Human Health Risk Assessment"[ISBN 0-9547474-3-7][recently published in respect of various heavy metals, petroleum hydrocarbons, polyaromatic hydrocarbons and chlorinated solvents NOT addressed by CLEA guidelines]. " DEFRA - Industry Profiles: "Industrial Activities Which Have Used Materials Using Radioactivity" [March 2006] http://www.defra.gov.uk/ENVIRONMENT/land/contaminated/pdf/industryprofile060 3.pdf " Environment Agency Guidance Documents: " Briefing Note 1 - Potential sources of radioactive contamination " Briefing Note 2 - An overview of land contaminated with radioactive substances " Briefing Note 3 - Developing land contaminated with radioactivity " Briefing Note 4 - Contaminated land regime (Part 2A) and radioactivity " Briefing Note 5 - Land contaminated with radioactivity on nuclear licensed sites " Briefing Note 6 - Land contaminated with radioactivity and the Radioactive Substances Act 1993 " Briefing Note 7 - Voluntary remediation of land contaminated with radioactivity AREA 1 DEVELOPMENT CONTROL COMMITTEE – 16TH FEBRUARY 2010

ITEM 17 (CONT’D) APPLICATION NO. 2008/1615

" Briefing Note 8 - Land contaminated with radioactivity and the principles of radiation protection " Radioactive contaminated land glossary http://www.environmenta- gency.gov.uk/subjects/landquality/113813/1442829/?version=1&lang=_e

PLANS

AS_02 site location plan, AS_00 sections, aerials and photo montages received 31st July 2008), Environmental Impact Assessment - received 31 Oct. 2008), Design and Access Statement (amended information received 21 Oct. 2009). AL 28 (amended plan received 21 Oct. 2009), AS (amended plan 21 Oct. 2009).

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Swansea Administration Councillors: V N Abbott (Vice Chair) J Newbury P M Black (Non Voting) S J Rice A R A Clement (Chair) I M Richard J Evans D A Robinson J B Hague R Speht C A Holley R J Stanton D T Howells D G Sullivan Mervyn R Jones J M Thomas Mary H Jones L G Thomas R D Lewis J Woodman (Non Voting) P N May

Labour Councillors: N S Bradley (Non Voting) A Lloyd J E Burtonshaw R J Lloyd (Non Voting) W J F Davies P M Matthews C R Doyle J T Miles R Francis-Davies Hazel M Morris M J Hedges (Non Voting) B G Owen D H Hopkins D Phillips B J Hynes G Phillips D H James P B Smith (Non Voting) W (Billy) E A Jones (Non Voting) R C Stewart E T Kirchner (Non Voting) C Thomas

Communities of Swansea Councillors: M E Gibbs R L Smith