5th October 2011

20871513

To: Members of the Council

Dear Councillor

Planning Committee Wednesday 12th October 2011 at Ferrier Hall, City Hall, Cardiff (meeting starts at 2.30.p.m.)

I attach a copy of the schedule of Development Control Applications which will be considered at this meeting of the Planning Committee.

The plans relating to the applications will be available for inspection at the City Hall, during the whole of Tuesday and Wednesday morning preceding the Committee.

Unless otherwise stated in the report, Planning Committee has delegated powers to determine the applications in the schedule. Planning Committee (but not an individual member) can also refer a matter to another committee or to the Council for a resolution. However, Council cannot move an amendment to a recommendation relating to a planning application or make a recommendation relating to a planning application and can only refer a matter back to Planning Committee on one occasion, after which Planning Committee shall decide the matter.

Please now note that if any requests for site visits are acceded to by the meeting, such site visits will take place during the afternoon of Monday 7th November 2011. If you submit a request for a site visit, you must include in your submission -

(a) a choice of at least two starting times for the site visit that you are requesting, each of which must be at least 45 minutes apart; and (b) the reasons why you believe that such a site visit is necessary.

If you fail to provide any choices of starting times for the site visit that you've requested, it will be assumed that you will be available to attend such a site visit at any time of the day, regardless of what time it starts.

The Clerk to the Council will circulate the Agenda for the meeting to the Members of the Planning Committee separately.

Yours sincerely

Strategic Planning and Development Manager

CARDIFF COUNTY COUNCIL PLANNING COMMITTEE

THE REPORTS OF THE CHIEF STRATEGIC PLANNING AND ENVIRONMENT OFFICER

LIST OF DEVELOPMENT APPLICATIONS FOR CONSIDERATION BY THE PLANNING COMMITTEE ON 12TH OCTOBER 2011 AT 2.30PM

AREA PAGES

INNER 1 - 40

OUTER 41 - 153

HOUSEHOLDER There are no householder applications to be considered at this Committee Meeting

CARDIFF LOCAL DEVELOPMENT PLAN

When regard is to be had to the Development Plan the Council’s decision must be made in accordance with the Plan unless material considerations indicate otherwise.

The Development Plan for the administrative area of Cardiff remains the City of Cardiff Local Plan (1996), the South Glamorgan (Cardiff Area) Replacement Structure Plan (1997) and the South Glamorgan (Cardiff Area) Minerals Local Plan together with the approved Mid Glamorgan County structure Plan incorporating Proposed Alterations No.1 (September 1989).

In accordance with statutory procedures, the Council prepared and placed on deposit a Unitary Development Plan (to 2016) in October 2003. It has never been formally abandoned but agreement was reached with the Welsh Assembly Government in May 2005 to cease work on the UDP and commence work on a new Local Development Plan prepared under the provisions of the Planning and Compulsory Purchase Act 2004.

On the 28 April 2009 Cardiff Council placed the Cardiff Local Development Plan 2006- 2021 on deposit for public consultation. From that date, and in accordance with the Council’s resolution, it was taken into account in development control decisions. On the 30th November 2009, following consideration of the responses to consultation, the submission draft was submitted to the Welsh Assembly Government for examination.

However, in the light of the significant reservations expressed at an Exploratory Meeting by the Inspectors appointed to carry out the examination and their recommendation that the Local Development Plan be with drawn from the examination, the Council duly withdrew the LDP on the 12 April 2010.

Unless a draft policy or proposal is a material consideration it should not be taken into account when making decisions: it is strictly irrelevant and if it is given weight in reaching a decision, that decision may be successfully quashed in the High Court.

In the general run of cases the withdrawn Local Development Plan will not be a material consideration. If there is an issue in relation to which the withdrawn LDP is relevant, officers will advise the Committee specifically. Otherwise it should not be taken into account.

Since the deposited UDP has not been abandoned, its policies and proposals may be a material consideration in a given case, but the weight which can be attached to the UDP, and any statement of policy including the statutory Development Plan should be determined in the light of the following principal considerations:-

• The degree to which later statements of national policy and the Wales Spatial Plan make the policy out of date and suggest a decision should be taken otherwise than in accordance with it; • The degree to which the policy is out of date for any other reason; • The level and nature of any objection to a UDP or other draft policy.

Table 1.1: Existing Development Plans covering the Cardiff County Area

Cardiff County Area Cardiff Deposit Unitary Development The Plan was placed on deposit in Plan (to 2016) October 2003 and agreement was reached with Welsh Assembly Government in May 2005 to cease work on the plan and commence work on a new Local Development Plan.

City of Cardiff Area (part of the County of South Glamorgan until April 1996) South Glamorgan (Cardiff Area) Adopted April 1997 Replacement Structure plan 1991- 2011

City of Cardiff Local Plan (including Adopted January 1996 Waste Policies)

South Glamorgan (Cardiff Area) Adopted June 1997 Minerals Local Plan Pentyrch Community Area (part of the County of Mid Glamorgan and Borough of Taff Ely until April 1996) Mid Glamorgan County Structure Plan Approved September 1989 incorporating Proposed Alterations No. 1 Mid Glamorgan Replacement Structure Modifications to the Plan including Plan recommendations of the EIP Panel approved by Mid Glamorgan County Council in January 1996 but not adopted in respect of the Pentyrch Community Area.

Glamorgan County Development Plan Approved March 1963 (Area No. 2)

Mid Glamorgan Minerals Local Plan for In June 1996 Cardiff County Council Limestone Quarrying resolved to approve the Plan as modified by the Inspector’s Report, for development control and other planning purposes, but the Plan was not adopted in respect of the Pentyrch Community Area.

PLANNING COMMITTEE 12 October 2011

Page No. App No. Location Description Decision Officer 1 11/00529/DCI LAND TO THE REAR OF VARIATION OF CONDITION 1C OF PLANNING PERMISSION 106 OAS MYNACHDY ROAD, 06/00739W TO EXTEND THE PERIOD FOR THE SUBMISSION MYNACHDY, CARDIFF, OF RESERVED MATTERS CF14 3HN

20 11/01348/DCI 211-217 CATHEDRAL REMOVAL OF CONDITION 3 OF PLANNING PERMISSION REF OAG ROAD, PONTCANNA, 01/00271/W TO ALLOW THE USE OF PART OF THE CARDIFF, CF11 9PP GARAGES FOR STORAGE ANCILLARY TO THE GROUND FLOOR RETAIL UNIT. 30 11/01389/DCI 26 SPLOTT ROAD, GROUND FLOOR REAR EXTENSION & CHANGE OF USE OF PER OAG SPLOTT, CARDIFF, CF24 SHOP UNIT TO A3 TAKEAWAY 2DA

PLANNING COMMITTEE - 12 OCTOBER 2011

Page App No. Location Description Decision Officer No. 41 11/906/DCO LAND TO REAR OF CONSTRUCTION OF 3NO TWO STOREY PER MR HIGHFIELD, DETACHED DWELLINGS WITH ACCOMODATION DRUIDSTONE ROAD, OLD WITHIN THE ROOF SPACE GARAGING/CAR ST MELLONS PARKING AND ASSOCIATED WORKS. 63 11/1105/DCO PENYLAN HOUSE, PEN-Y- PHASED DEMOLITION AND REDEVELOPMENT OF 106 DJ LAN ROAD, PENYLAN, THE EXISTING NURSING AND RESIDENTIAL CARE CARDIFF, CF23 5YG HOME (USE CLASS C2) TO PROVIDE MODERN FACILITIES TOGETHER WITH ASSOCIATED GARDEN AREAS VEHICULAR AND PEDESTRIAN ACCESSES CAR PARKING BICYCLE STORAGE REFUSE STORAGE LANDSCAPING AND OTHER ANCILLARY USES AND ACTIVITIES 82 11/1221/DCO FORMER COW & CONVERSION OF THE COW AND SNUFFERS 106 TW SNUFFERS, GABALFA PUBLIC HOUSE INTO 5NO FLATS ROAD, LLANDAFF NORTH, CARDIFF, CF14 2JH 95 11/1222/DCO LAND ADJACENT TO 6 PROPOSED CONSTRUCTION OF A FOUR BED PER DJ HEOL-Y-NANT, DWELLING RHIWBINA, CARDIFF, CF14 6BS 107 11/1262/DCO 86 MARLBOROUGH CHANGE OF USE TO CHILDCARE NURSERY FOR REF APB ROAD, ROATH, CARDIFF, A MAXIMUM 35 CHILDREN BETWEEN THE AGES CF23 5BY OF 6 WEEKS AND 8 YRS TO GROUND FLOOR AND RESIDENTIAL ACCOMODATION TO FIRST AND SECOND FLOOR 116 11/1271/DCO 80 & 80A PWLLMELIN EXTENSION OF THE EXISTING HOT FOOD REF HMW ROAD, FAIRWATER, TAKEAWAY AND CHANGE OF USE OF ADJACENT CARDIFF, CF5 2NH A1 RETAIL UNIT TO A3 USE 127 11/1285/DCO 19 FAIRWOOD ROAD, OUTLINE PLANNING APPLICATION FOR NEW PER APB FAIRWATER, CARDIFF, DETACHED RESIDENCE AT LAND TO THE REAR CF5 3QF OF 19 FAIRWOOD ROAD, FAIRWATER, CARDIFF, CF5 3QF 136 11/1455/DCO JUNCTION OF CHANGE OF USE TO USED CAR SALES PER DJ COWBRIDGE ROAD PORTCABIN & FENCING WEST & WESTERN AVENUE, ELY, CARDIFF. 145 11/1487/DCO WATERLOO GARDENS VARIATION OF CONDITION 2 OF PLANNING PER DJ TEAHOUSE, 5 WATERLOO PERMISSION 08/00580/E TO READ NO MEMBER GARDENS, PENYLAN, OF THE PUBLIC SHALL BE ADMITTED TO OR CARDIFF, CF23 5AA ALLOWED TO REMAIN ON THE PREMISES BETWEEN THE HOURS OF 20:30 AND 08:00 THURSDAY FRIDAY SATURDAY AND 18:00 AND 08:00 ON ANY OTHER DAY

MEMBER AND AM OBJECTION

COMMITTEE DATE: 12/10/2011

APPLICATION No. 11/00529/DCI APPLICATION DATE: 25/03/2011

ED: GABALFA

APP: TYPE: Variation of conditions

APPLICANT: Mr Hisham Shibl LOCATION: LAND TO THE REAR OF MYNACHDY ROAD, MYNACHDY, CARDIFF, CF14 3HN PROPOSAL: VARIATION OF CONDITION 1C OF PLANNING PERMISSION 06/00739W TO EXTEND THE PERIOD FOR THE SUBMISSION OF RESERVED MATTERS ______

RECOMMENDATION: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraphs 5.5, 5.8, 5.9 and 5.11 of the Chief City Development Officer's report planning permission be GRANTED subject to the following conditions:

1. A. Approval of the details of the layout, scale and appearance of the buildings and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced. B. Plans and particulars of the reserved matters referred to in condition 1A above, relating to the layout, scale and appearance of any buildings to be erected, the means of access to the site and the landscaping of the site, shall be submitted in writing to the local planning authority and shall be carried out as approved. C. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. D. The development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of the last of the reserved matters to be approved, whichever is the later. Reasons: A. In accordance with the provisions of Article (3)1 of the Town and Country Planning (General Development Procedure) Order 1995. B, C and D. In accordance with the provisions of Section 92 of the Town and Country Planning Act 1990.

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2. The consent relates to the application as amended by the revised plans numbered PL 100B, PL 101B, PL 102B, PL 103B and 05.824, attached to and approved by planning permission 06/739W and forming part of this planning application. Reason: The plans form part of the application.

3. This permission relates to the development of a maximum of 65 flats and 5 houses. Reason: For the avoidance of doubt and as additional development could have unacceptable consequences in terms of the amenities of the occupiers of the site and the impact of the development on the surrounding area.

4. Prior to the development hereby permitted being brought into beneficial use provision shall be made within the site for the parking of vehicles in accordance with details to be submitted to and approved by the Local Planning Authority, such approval to be obtained prior to the commencement of development. The parking areas shown in the approved details shall be provided prior to the development being brought into beneficial use and thereafter shall be maintained and shall not be used for any purpose other than the parking of vehicles. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing the site.

5. No development shall take place until details showing the provision of cycle parking spaces have been submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to the development being put into beneficial use. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the secure parking of cycles.

6. No development shall take place until details of the junction between the proposed access road and the highway have been submitted to and approved in writing by the Local Planning Authority. Those details shall be implemented prior to the development being put into beneficial use. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway abutting the site.

7. The existing access to the Mynachdy Institute shall not be used after the commencement of the beneficial use of the site.

2 Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway abutting the site.

8. No vehicular access shall be obtained to the site from the highway between 103 and 105 Mynachdy Road other than to construct the new site access from Radyr Place and the first 60 metres of the site access road. Reason: To ensure the development does not adversely affect the free flow of traffic in the surrounding area.

9. No development shall take place until a scheme for the drainage of the site and any connection to the existing drainage system has been submitted to and approved in writing by the Local Planning Authority. No part of the development shall be occupied until the scheme is carried out and completed as approved. Reason: To ensure an orderly form of development.

10. Prior to commencement of development a scheme shall be submitted to and approved in writing by the Local Planning Authority to provide that all habitable rooms exposed to external railway noise in excess of 66 dBA Leq 16 hour (free field) during the day (07.00 to 23.00 hours) or 59 dBA Leq 8 hour (free field) at night (23.00 to 07.00 hours) shall be subject to sound insulation measures to ensure that all such rooms achieve an internal noise level of 40 dBA 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. Each ventilation unit (with air filter in position), by itself or with an integral air supply duct and cowl (or grille), shall be capable of giving variable ventilation rates ranging from – 1) an upper rate of not less than 37 litres per second against a back pressure of 10 newtons per square metre and not less than 31 litres per second against a back pressure of 30 newtons per square metre, to 2) a lower rate of between 10 and 17 litres per second against zero back pressure.

No habitable room shall be occupied until the approved sound insulation and ventilation measures have been installed in that room. Gardens shall be designed to provide an area which is at least 50% of the garden area for sitting out where the maximum day time noise level does not exceed 55 dBA Leq 16 hour [free field].

Reason: To ensure that the amenities of future occupiers are protected.

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(Note to Officer: Development of any part of the site, subject to noise levels in excess of 74 dBA Leq 16 hour [free field] during the day or 66 dBA Leq 8 hour [free field] at night would not be supported. You must also be satisfied that the garden criteria can be met).

11. Prior to commencement of development a scheme shall be submitted to and approved in writing by the Local Planning Authority to provide that the dwellings are designed and constructed so as to ensure that vibration dose values do not exceed 0.4m/s1.75 between 07.00 and 23.00 hours, and 0.26m/s1.75 between 23.00 and 07.00 hours, as calculated in accordance with BS 6472:1992, entitled “Guide to Evaluation of Human Exposure to Vibration in Buildings”, [1Hz to 80Hz]. The dwellings shall be constructed in accordance with the approved scheme. Reason: To ensure that the amenities of future occupiers are protected.

12. No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purposes of identifying chemical and other contaminants on the site and to ensure that the land is suitable for the proposed development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall include details of any measures necessary to protect future occupiers/users of the land from chemical and other contaminants. All measures in the approved scheme shall be undertaken in accordance with a timetable which shall be agreed in writing with the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced.

13. Any soils or similar material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Reason: To ensure that the safety of future occupiers is not prejudiced.

14. Prior to the commencement of any other development at the site, the new site access from Radyr Place and the first 60 metres of the site access road shall be constructed in accordance with the approved plans to an adoptable standard.

4 Reason: To ensure that a safe means of access is provided to the site for construction vehicles.

15. The details submitted in discharge of Condition 1 shall include the provision of a Local Equipped Area for Play located adjacent to the pedestrian access to the site from Mynachdy Road. Reason: To ensure that adequate childrens’ play facilities are provided to serve the development and surrounding area, and in accord with Policy 31 of the Cardiff Local Plan and associated Strategic Planning Guidance on open space.

16. The details submitted in discharge of condition 1 shall provide for a means of enclosure on the site boundary with the railway. Reason: In the interests of safety of residents and the users of the play area.

17. No buildings shall have habitable room windows within 10.5m of the shared boundary with adjoining residential properties. Reason: To ensure that the amenities of the occupiers of the adjoining residential properties are protected.

18. The slab level of any building above ordnance datum shall not exceed those shown on drawing number PL 103 B. Reason: To ensure that the amenities of the occupiers of the adjoining residential properties are protected.

19. C1J BREEAM - Stan Overarch Con Post 11/12/10

20. C1K BREEAM - Pre-ComCon Post 11/12/10

21. C1L BREEAM - Post Construc Con Post 11/12/10

RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

RECOMMENDATION 3: This development falls within an area which has a geological predisposition to radon and will require basic radon protective measures, as recommended for the purposes of the Building Regulations

5 2000. Should you have any queries in this matter I would suggest you consult with my Building Control Division.

RECOMMENDATION 4: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

(i) determining the extent and effects of such constraints and; (ii) safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

RECOMMENDATION 5: The developer is advised that the proposed new access to Radyr Place, including alterations to the footway, kerbing, street lighting, traffic signage, road markings, highway drainage, traffic calming measures, and highway embankment will need to be undertaken via a Section 278 Agreement under the Highways Act 1980. The developer is advised to contact the Chief Transport, Infrastructure and Waste Officer in order to arrange the legal agreement at an early stage.

RECOMMENDATION 6: The developer is advised that as part of the preparation of a drainage scheme, the developer is expected to examine the use of a Sustainable Urban Drainage System as a first option for the disposal of surface water run off from the proposed development.

RECOMMENDATION 7: That the developer be advised that Western Power Distribution have provided a plan showing existing WPD Electricity and WPD Surf Telecom apparatus in the vicinity of the proposed works, and have advised that all WPD equipment on site should be assumed to be LIVE until WPD prove otherwise and provide written confirmation of this fact. Advice is also provided on the compliance requirements for any excavation works, the legislation that applies, and on safe working procedures. A full copy of their advice has been sent to the agent.

RECOMMENDATION 8: Welsh Water advise that: foul water and surface water discharges shall be drained separately from the site to protect the integrity of the Public Sewerage System; that no surface water shall be

6 allowed to connect, either directly or indirectly, to the public sewerage system unless otherwise approved in writing by the Local Planning Authority to prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment; that land drainage run-off shall not be permitted to discharge, either directly or in-directly, into the public sewerage system to prevent hydraulic overload of the public sewerage system and pollution of the environment; that the proposed development site is crossed by a public sewer and that no part of the building will be permitted within 3 metres either side of the centreline of the public sewer to protect the integrity of the public sewer and avoid damage thereto; that under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water’s Network Developer Services on 0800 917 2652. No problems are envisaged with the Waste Water Treatment Works for the treatment of domestic discharges from this site.

A water supply can be made available to serve this proposed development. The developer may be required to contribute, under Sections 40-41 of the Water Industry Act 1991, towards the provision of new off-site and/or on-site watermains and associated infrastructure. The level of contribution can be calculated upon receipt of detailed site layout plans which should be sent to New Connections Design Department, Players Industrial Estate, Clydach, Swansea, SA6 5BQ.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 This application has been submitted under Section 73 of the Town and Country Planning Act 1990 to vary condition 1C of outline planning permission 06/739w to extend the period for the submission of reserved matters. Condition 1C of pp 06/739w required that ‘application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission’. The applicant wishes condition 1C to be varied to require the application for reserved matters to be made before the expiration of 5 years from the date of the permission.

1.2 The application is, in effect, an application to extend the life of planning permission 06/739w; no changes to the design are proposed. The application is justified by the agent on grounds of the very slow take up of housing sites due to the economic downturn, combined with costs of developing the site, which include the present requirements in the signed s106 for Affordable Housing, contributions towards public transport and traffic calming, an Off site Public Open Space Contribution and an on-site Local Equipped Area for Play

7 (LEAP), together with the need, required by attached conditions, for (i) a contamination report and resulting works, (ii) a vibration report and resulting works, (iii) highways access issues works and payment, (iv) a sound insulation assessment and resulting works, (v) a possible difficult drainage solution and (vi) a scheme for a means of enclosure.

1.3 Outline planning permission 06/739w was approved 03/04/08 for the ‘construction of 70 residential dwellings’. Access details were submitted for approval as part of the application. Siting, design and external appearance of the buildings and landscaping of the site are reserved for subsequent approval, although illustrative plans were submitted showing how the site could be laid out to accommodate 70 units (65 flats and 5 houses).

1.4 The information submitted with application 06/739w, as amended and approved, proposed a single vehicular access to be obtained from north- western end of the site immediately to the south of the bridge where Radyr Place crosses Western Avenue. This would be adjacent to the existing access to the Mynachdy Institute, which it is proposed to close. A new entrance to the Institute would be provided from the site access road. (The Institute land is included within the application site.) In addition, pedestrian and cycle access would be provided from an existing lane between 103 and 105 Mynachdy Road, which was the original site access.

1.5 The amended and approved plans for 06/739w locate the proposed dwellings on opposite sides of the site to provide a variation in urban form. Four groups of flats are proposed, totalling 65 units. The majority of flats would be two or three storeys in height, with the two groups closer to the Mynachdy Road gardens boundary being two storeys. Two areas of the block closest to the site entrance would be four storeys. The five houses would be two storeys and located at the end of the access road. Parking spaces would be generally located at the side of the buildings, with three blocks having undercover ground floor parking below part of the buildings. A 418 sq metre LEAP is proposed between the ends of the rear gardens of 105 and 107 Mynachdy Rd and the site access road. Approximately half of this space would comprise a rubber surface play area.

1.6 Application 06/739w was accompanied by a planning statement and traffic impact assessment.

1.7 Application 06/739w was approved subject to conditions to: control the time limit for approval of reserved matters and beginning development (1); define amended plans (2); limit the development to a maximum of 65 flats and 5 houses (3); control parking (4), cycle parking (5) and junction design (6); require the Mynachdy Institute access to be permanently closed before the development is brought into use (7); prevent vehicular access between 103 and 105 Mynachdy Rd (8); control works to the public sewerage system (9)

8 and drainage (10); control internal noise levels (11), vibration (12), contamination (13, 14) and the construction of the new site access (15). Condition 16 requires the provision of Local Equipped Area for Play located adjacent to the pedestrian access to the site from Mynachdy Road, and condition 17, the provision of a means of enclosure on the site boundary with the railway.

1.8 The application was approved subject to a s106 which encompassed the following matters: (a) a total of £56,100 for contributions towards public transport (comprising the installation of bus boarders and crime cameras at two bus stops at £15,300) and traffic calming in Llantarnum Rd, Margam Rd, Mynachdy Rd (north of Western Av) and Appledore Rd at £40,800. (b) a commuted maintenance sum in respect of the LEAP, to be calculated in accordance with the Open Space SPG (c) an Off Site Public open Space Contribution, to be calculated in accordance with the Open Space SPG (d) Affordable Housing Contribution (30% of the units).

1.9 The current application is supported by a Design and Access Statement, as amended, a Code for Sustainable Homes Pre-Assessment Statement, and an economic/viability assessment by Dr Andrew Golland of the Three Dragons Consultancy. No new drawings or site location plan have been submitted with the application, as the proposal remains the same in design terms. A certificate B has also been signed, in place of certificate A originally submitted, given that not all of the land identified within the red line boundary is owned by the developer.

2. DESCRIPTION OF SITE

2.1 The site comprises a 1.28 hectare area of vacant land that is partly overgrown. Its previous use was as a coal storage depot and for railway sidings. The site is linear in shape and there is an existing vehicular access between 103 and 105 Mynachdy Road. Whilst the site is broadly level, the northern end of the site is slopes steeply, to the extent that it is situated 2 -3m below the level of the location on Radyr Place from where it is intended to construct a new vehicular access.

2.2 The site borders a row of semi-detached dwellings on Mynachdy Road and Maelog Place on its NE and SW boundaries, respectively. The site also borders the Mynachdy Institute community centre on its NE boundary. The SW boundary borders the railway line, on the opposite side of which are the Llys Tal y Bont halls of residence, sports facilities of Cardiff University and commercial buildings, accessed off Excelsior Road.

9 3. SITE HISTORY

3.1 Relevant site history is as follows:

06/00739/W - CONSTRUCTION OF 70 RESIDENTIAL DWELLINGS – Approved 03/04/2008

10/00669/W - OUTLINE PLANNING APPLICATION FOR THE ERECTION OF 23 BLOCKS OF STUDENT ACCOMMODATION COMPRISING A TOTAL OF 345 BEDROOMS AND A 3 BEDROOM WARDENS HOUSE - Withdrawn

11/00863/DCI - OUTLINE PLANNING APPLICATION FOR THE ERECTION OF 6 BLOCKS OF STUDENT ACCOMMODATION COMPRISING A TOTAL OF 249 BEDROOMS AND A 3 BEDROOM WARDENS HOUSE – current application.

4. POLICY FRAMEWORK

4.1 The site is unallocated on the Cardiff Local Plan Proposals Map.

4.2 The following policies of the Local Plan are relevant:

Policy 10 ‘Contaminated or Unstable Land’ Policy 11 ‘Design and Aesthetic Quality’ Policy 16 ‘Traffic Calming’ Policy 17 ‘Parking and Servicing Facilities’ Policy 18 ‘Provision for Cyclists’ Policy 19 ‘Provision for Pedestrians’ Policy 25 ‘Affordable Housing within the Built Up Area’ Policy 30 ‘Insensitive or Inappropriate Infilling’ Policy 31 ‘Residential Open Space Requirement’

4.3 The following policies of the deposit Cardiff Unitary Development Plan are relevant:

Policy 2.20: Good Design Policy 2.23: Affordable Housing Policy 2.21: Change of Use or Redevelopment to Residential Use Policy 2.24: Residential Amenity Policy 2.26: Provision for Open Space, Recreation and Leisure Policy 2.45: Trees, Woodlands and Hedgerows Policy 2.57: Access, Circulation and Parking Requirements Policy 2.63: Contaminated and Unstable Land Policy 2.64: Air, Noise and Light Pollution Policy 2.74: Provision for Waste Management Facilities in Development

10 4.4 The following Supplementary Planning Guidance and interim planning policy is also relevant: Affordable Housing Delivery Statement (approved 21 October 2010) ‘Access, Circulation and Parking Standards’ SPG (January 2010) ‘Community Facilities and Residential Development’ SPG (March 2007) ‘Developer Contributions for Schools Facilities’ SPG (March 2007) ‘Developer Contributions for Transport’ SPG (January 2010) ‘Open Space’ SPG (March 2008) ‘Residential Design Guide’ (March 2008) ‘Trees and Development’ SPG (March 2007) ‘Waste Collection and Storage Facilities’ SPG (March 2007)

4.5 The following legislation and national guidance is considered particularly relevant: Planning Policy Wales (PPW) (Edition 4, February 2011) TAN 12 Design (June 2009) TAN 22 Planning for Sustainable Buildings (June 2010) The Town and Country Planning (General Development Procedure) (Amendment) (Wales) Order 2008 (S.I. 2008/2336)

4.6 Case law (R v London Docklands Development Corp) clarifies that paragraph 60 of Circular 11/95 is relevant to s.73 applications involving a condition imposing a time-limit for application for approval of reserved matters. This states that such applications should be refused only where: (a) there has been some material change in planning circumstances since the original permission was granted (eg. a change in some relevant planning policy for the area, or in relevant highway considerations, or the publication by the Government of new planning policy guidance, material to the renewal application); (b) continued failure to begin the development will contribute unacceptably to uncertainty about the future pattern of development in the area; or (c) the application is premature because the permission still has a reasonable time to run.

5. INTERNAL CONSULTEE RESPONSES

5.1 The Contaminated Land team does not have any further comments to make on this application so long as conditions and advisory notices attached to pp 06/739w remain in place.

5.2 The Noise and Air team has no comments to make.

5.3 Drainage Services has no objection, provided the drainage condition attached to pp 06/739w remains in place and providing that the applicant be advised that as part of his preparation of a drainage scheme he will be expected to

11 examine the use of SUDS as a first option for the disposal of surface water run off.

5.4 Waste Management has no observations or objections.

5.5 Transportation has no objection, subject to the following s106 contribution totalling £64,584: (i) Public Transport - for the provision of 2No bus boarders on Mynachdy Road and 1No crime camera at the bus stop on Western Avenue (ref: 5601 0341); (ii) Traffic Calming - in Llantarnum Road, Margam Road and Mynachdy Road (north of Western Avenue), Appledore Road.

5.6 Transportation advises that the above are needed given there will be an increase in the use of Public Transport in the immediate vicinity of the site and given the need to encourage more sustainable mode choices. It will be important that all bus users can access these services and feel safe when doing so. It is considered that the above roads could be used to access the major routes into/out of the City and that traffic calming is needed to mitigate the effect of those additional vehicles (as per the previous outline application).

5.7 Taking into consideration the number and type of dwellings, the Education Service has no comments to make.

5.8 Parks has no objection and confirms that the details relating to Landscape and Play Area design, negotiated under 06/739w, remain correct. The s106 contributions to be carried forward include a commuted maintenance sum in respect of the Local Equipped Area for Play, to be calculated in accordance with the Open Space SPG, and an Off Site Public open Space Contribution, to be calculated in accordance with the Open Space SPG

5.9 Neighbourhood regeneration has requested a financial contribution for community facilities, to be calculated in accordance with the formula set out in the ‘Community Facilities and Residential Development’ SPG.

5.10 It is not possible to confirm the level of contribution for community facilities, as the formula is based on the number of habitable rooms per dwelling which is not known at this stage. (As a guide for the developer, the contribution was estimated at £41, 020 on the basis that the developer has stipulated that the 65 flats and 5 houses would be 2 bedrooms with a combined kitchen/ dining room (3 habitable rooms). However, Neighbourhood Renewal makes it clear that this figure is only an estimate.)

5.11 Housing Strategy initially requested a 40% affordable housing contribution, in line with the interim planning policy target in the Affordable Housing Delivery Statement. Following the submission of the Three Dragons viability report by

12 Dr Andrew Golland and having taken further advice from the Council’s own Valuations Department, Housing Strategy accept that based on this proposed scheme and in the current market conditions, an affordable housing contribution is not viable. They note that they do not agree with all of the information submitted in the viability report, but that allowing for the required adjustments, the conclusion is the same. They accept that a NIL affordable housing contribution will be achieved on this proposed scheme at this current time, but that in order to future proof the s106 agreement, a deferred payment arrangement and/or review mechanism clause should be included within the document up to the value of a 40% affordable housing contribution, with the precise terms of the s106 to be drafted by Legal Services.

6. EXTERNAL CONSULTEE RESPONSES

6.1 South Wales Police has no objection and welcome the fact that the developer has confirmed their intention to achieve Secured by Design in the DAS. Design advice is also provided.

6.2 Network Rail has no observations to make.

6.3 The Environment Agency has no adverse comments to make, and refers back to their detailed comments submitted in relation to pp. 06/739w.

6.4 Western Power Distribution provides drawings showing WPS Electricity and Surf Telecom apparatus in the vicinity, and provides advice for those excavating on site.

6.5 Welsh Water advise that condition 9 of planning permission 06/739W is no longer required as improvements to the public sewerage system have been completed. They confirm condition 10 of planning permission 06/739W should remain. Advice in relation to sewerage and water supply is also provided.

7. REPRESENTATIONS

7.1 52 neighbouring occupiers have been consulted and the application advertised by means of a press and site notice. No representations have been received from local residents.

7.2 Julie Morgan AM notes that no details have been supplied as to the appearance or height of the proposed development, and notes that this is going to cause continued anxiety to the affected residents, in that they still have no idea what form the development will take. It is noted that local residents continue to worry about any proposal which might overlook their back gardens or back bedrooms, and continue to express concern about the potential danger from the proposed access into the site.

13

7.3 Cllr Bridges and Cllr Hooper object to the proposal for the following reasons: a) Poor upkeep of the site, with gates being left open during the intervening period, resulting in: rodent problems, anti social behaviour, fly-tipping, concerns over child safety as a result of the proximity of the railway, and anxiety and uncertainty over the future of the area. It is requested that a clear message is sent to the developer that planning permission is time- limited for a reason and that if the developer is unable to develop the site they should release it to another developer. b) That the on-site play area proposed under pp 06/739w should be maintained and explicitly stated in the decision. c) Contempt for local residents and elected members, reflected in a lack of response from the site owner to a meeting request and the design approach set out in the DAS (that ‘the site is not in an affluent area…[so the developer should] construct buildings that have a realistic end value’), which suggests that ‘any old rubbish’ can be built. Whilst accepting that this does not constitute lawful grounds for refusal, it is considered to be insulting and shameful.

7.4 Agents acting for the Mynachdy Institute note that they have no objection, other than to identify that not all of the land within the red line boundary is owned by the developer, and that condition 7 of pp 06/739w should remain.

8. ANALYSIS

8.1 The application seeks to extend the life of outline planning permission 06/739w by varying conditions 1C; no changes to the design are proposed. Assessed in relation to the criteria set out in paragraph 60 of Circular 11/95 (reproduced in paragraph 4.6 above), it is considered that the continued failure to begin the development will not contribute unacceptably to uncertainty about future development in the area, and that the application is not premature. As such, this application should only be refused where there has been a material change in planning circumstances since the original permission was granted which would justify refusal.

8.2 The following new policy issues and planning circumstances, that have arisen since the original permission was granted, are particularly relevant: a) The revised definition of ‘reserved matters’, introduced by The Town and Country Planning (General Development Procedure) (Amendment) (Wales) Order 2008 (S.I. 2008/2336) b) New national and local design policy and guidance, generally, and clarification in para A4.5 of TAN 12 that ‘for outline applications any design considerations that are crucial to the development should be secured through conditions on the outline permission’

14 c) The requirement to address sustainable buildings standards set out in Planning Policy Wales (Edition 4, February 2011) and TAN 22 Planning for Sustainable Buildings d) The introduction of a ‘target of 40% affordable housing in all new residential proposals that …contain 10 or more new dwellings...the exact affordable housing contribution to be provided will depend on the circumstances of each proposal, particularly scheme viability’, under the Affordable Housing Delivery Statement (approved 21 October 2010) e) The new ‘Community Facilities and Residential Development’ SPG which seeks a financial contribution for community facilities from proposed residential developments containing 25 or more new dwellings. f) A provisional agreement, subject to planning, between the Council and Applicant, to allow the Applicant to comply with condition 7 of pp. 06/739w and undertake works to permanently close the existing access to the Mynachdy Institute without owning the land and provide an alternative access. (The Council owns the freehold of the land relating to the Community Centre, with the trustees of the Mynachdy Institute having a long lease). g) Welsh Water has confirmed that improvements to the public sewerage system have been completed.

8.3 In response to a), Condition 1 has been re-worded to reflect the revised definition of ‘reserved matters’.

8.4 In response to b) and to protect residential amenity, a new condition is recommended to limit the building heights to those set out on the approved plans. Another new condition is recommended to ensure that no dwellings will have habitable room windows within 10.5m of the shared boundary with adjoining residential properties, in line with the notation set out on approved drawing PL.103.B.

8.5 In response to c) 3 new conditions are attached to require the development to meet the sustainable buildings standards set out in Planning Policy Wales (Edition 4, February 2011) and TAN 22 Planning for Sustainable Buildings.

8.6 With regards d) and the 40% affordable housing target, the comments by Housing Strategy, set out in paragraph 5.11 above, are accepted; a NIL affordable housing contribution will be achieved on this proposed scheme at this current time, subject to a deferred payment arrangement and/or review mechanism clause. Any review of the s106 contributions will be subject to consultation with local members and the Chair of Planning Committee.

8.7 With regards e), the Agent has confirmed the Applicant’s willingness to provide the financial contributions for community facilities (para 5.9), public

15 transport and traffic calming (para 5.5), a commuted maintenance sum in respect of the LEAP, an off site public open space contribution (para 5.8), and the inclusion within the s106 of a deferred payment arrangement and/or review mechanism clause (para. 5.11).

8.8 Further to f), Condition 7 is re-worded as a negatively worded condition, to ensure the condition meets the relevant tests, but the intent remains the same.

8.9 With regards g) condition 9 of planning permission 06/739W is not carried forward as it is no longer necessary.

8.10 The recommended conditions and advisory notices are the same as those which were attached to outline permission 06/739w, with the above exceptions. In addition, a new recommendation is attached to advise the developer to examine the use of a Sustainable Urban Drainage System as a first option for the disposal of surface water run off from the proposed development. A further recommendation is attached providing updated advice from WDP in relation to their apparatus. A further recommendation is attached setting out adv ice from Welsh Water.

8.11 Whilst the applicant wished condition 1C to be varied to require the submission of reserved matters before the expiration of 5 years from the date of the permission, a 3 year time period is recommended, reflecting both pp 06/739w and the standard condition which links in with the timescales set out in condition 1D.

8.12 Whilst the comments of Julie Morgan AM are noted, the matters raised would not justify refusal of the application. Details of the appearance or height of the proposed development would be required to be submitted as reserved matters, in line with the condition 1.

8.13 Cllr Bridges and Cllr Hooper’s objections to the proposal are noted, but the concerns raised do not justify refusal of the application. The provision of the on-site play area proposed under pp 06/739w is maintained and will be required by condition.

8.14 The comments of the Mynachdy Institute are noted. Certificate B has been signed to reflect land ownership and condition 7 of pp 06/739w will remain, albeit re-worded negatively.

8.15 Taking into consideration the above matters, there are no material changes in planning circumstances since the original permission was granted which would justify refusal. Approval of the application is, therefore, recommended, subject to the s106 matters set out in the above report, recommended conditions and advisory notices.

16 17 18 19 LOCAL MEMBER and AM OBJECTION

COMMITTEE DATE: 12/10/2011

APPLICATION No. 11/01348/DCI APPLICATION DATE: 08/08/2011

ED: RIVERSIDE

APP: TYPE: Removal of condition

APPLICANT: Mr Keith Glaister LOCATION: 211-217 CATHEDRAL ROAD, PONTCANNA, CARDIFF, CF11 9PP PROPOSAL: REMOVAL OF CONDITION 3 OF PLANNING PERMISSION 01/00271/W TO ALLOW THE USE OF PART OF THE GARAGES FOR STORAGE ANCILLARY TO THE GROUND FLOOR RETAIL UNIT. ______

RECOMMENDATION: That planning permission be REFUSED for the following reason:

1. The proposal would result in the loss of 3no. on-site car parking spaces and exacerbate on-street parking pressures and parking congestion within the vicinity of the site and would be contrary to the Council’s adopted parking guidelines and therefore fails to accord with Policy 17 of the City Of Cardiff Local Plan, Policy 2.57 of the Cardiff Unitary Development Plan Deposited Written Statement and the Council’s adopted “Access, Circulation and Parking” Supplementary Planning Guidance note (January 2010).

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 Permission 01/271/W was granted on 18/4/2001 for development comprising a ground floor retail unit, 3no. two-bedroom flats with 3no. garages on the application site. Permission was granted subject to a number of conditions, including Condition 3, which states:

“The garages shown on the approved plans shall be provided before any of the flats hereby permitted are brought into beneficial use and thereafter they shall not be used for any purpose other than for car and cycle parking and for domestic refuse storage. Reason: To make provision for car parking and the storage of domestic refuse.”

20 1.2 This application seeks the removal/variation of condition 3 of permission 01/271/W in order to allow some of the existing garage space to be used as storage space associated with the existing retail unit. The garage space that would be lost totals 42sqm. 1no. of the garages would be sealed internally whilst 2no. of the garages would retain space for use as a bin/cycle store for the existing 3no. flats. No external alterations to the garages are proposed.

1.3 The application is supported by a Design and Access statement.

2. DESCRIPTION OF SITE

2.1 The application site relates to a 2 storey building (2nd floor accommodated in the roofspace) located on the corner of Cathedral Road and Mortimer Road. The ground floor of the property is a vacant retail (A1) unit, formerly occupied by Ballantynes wine merchants. The upper floors of the building accommodate 3no. flats.

2.2 The site adjoins the Cathedral Road Conservation Area.

3. SITE HISTORY

11/1349/DCI Change of use of ground floor retail (A1) unit to allow for a flexible permission consisting of A1 or A2 use. Permission granted: 13/9/2011.

01/271/W Ground floor retail unit and three garages and 3no. two- bedroom flats on first and second floors. Granted: 18/4/2001.

00/1124/W Ground floor retail unit and garages with 3no. flats at first floor. Refused: 13/10/2000.

4. POLICY FRAMEWORK

4.1 Planning Policy Wales (2011)

4.2 Planning Policy Wales TAN 18: Transport

4.3 Adopted City of Cardiff Local Plan (January 1996): 17: Parking and Servicing Facilities 18: Provision for cyclists 49: District and local centres 50: Retail Development

4.5 Cardiff Unitary Development Plan Deposited Written Statement (October 2003): 2.34: Retail Development

21 2.36: District and local centres 2.57: Access, circulation and parking requirements 2.74: Provision for waste management facilities in new development

4.6 Supplementary Planning Guidance Access, circulation and parking requirements, January 2010 Waste collection and storage, March 2007

5. INTERNAL CONSULTEE RESPONSES

5.1 Waste Management The plans detailing refuse storage for domestic waste are acceptable and the storage area must be retained.

5.2 Transport

The site is located outside the central area boundary and as such the parking standards for non-central areas would apply, i.e. for two bed flats a minimum of 0.5 spaces and a maximum of 2no. spaces per unit. Also the purpose of the 3no. garages was to provide secure/sheltered cycle parking and refuse storage as well as off road parking and it is considered that these facilities should be provided for all 3no. flats. Unless justification can be provided for the removal of the garages the Officer recommends that the garages remain as provided and the removal/variation of Condition 3 would not be supported.

The additional information submitted by the agent has been forwarded to the Transport section who maintain an objection to the proposal, noting the following points:

• The issue of indiscriminate parking across the garage entrances is a matter for the Police if causing an obstruction and can also be enforced by the Council’s Civil Parking Enforcement Team (if the occupiers of the flats have taken all reasonable measures to prevent this from occurring), as this practice is illegal;

• The removal of the garages would be contrary to the SPG - Access, Circulation & Parking Standards - Jan '10, i.e. a minimum of 0.5 spaces per flat is required. Whilst this site is close to bus services and within cycling distance of the city centre, it is not considered sufficiently sustainable to permit the removal of the off road car parking. This is similarly the case with the extant permission on the Pontcanna Pine site at 200 Kings Road, where it has been accepted that off road car parking should be provided for a residential development.

• In addition the occupiers of these flats would not be entitled to resident parking permits if the garages were to be removed.

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• On the basis of the above, I can confirm that Transportation would not support the removal of the 3No garages as submitted.

6. REPRESENTATIONS

6.1 Neighbours have been notified.

6.2 Councillor Iona Gordon objects to the application and notes that there have been many objections to the application from local residents. The objection relates to 3no. main issues:

(i) If the storage area was available it is most likely that a multi national chain or subsidiary would establish a business at the former Ballantynes premises. The community know that One Stop, a subsidiary of Tesco expressed interest in the site to the agents but did not proceed because of the limited storage area.

(ii) The flats on this site were built on condition 3 garages were provided. We have huge issues to do with lack of residents parking and think it is very important to keep this garage for one of the flat owners or flat tenants. A supermarket would lead to extra traffic congestion and unacceptable pressure on parking spaces and the loading and unloading of lorries either outside the premises or from the rear in Mortimer Road would lead to safety issues as the road is so narrow and the terraced houses open straight on to the street and do not have frontages.

(iii) A supermarket / foodstore here would lead to the closure of the small independent food and drinks shops which are valued and well supported by the community. Closures of these businesses would lead to loss of jobs and would detrimentally affect the unique character of Pontcanna which is defined by its variety of shops and services.

6.3 40no. letters and e-mails of objection have been received from local residents which reiterate the concerns raised in the representation from Cllr. Gordon.

6.4 An e-mail of objection has been received from Mark Drayford AM, Cardiff West. He strongly objects to the application and notes that the application site is located in a very densely populated residential area with significant pressures on local parking and traffic. To lose garage space would only add to the difficulties which local residents encounter on a daily basis.

6.5 An e-mail has been received from the resident of no. 2C Mortimer Road. She strongly opposes the loss of garage 2C, which belongs to her flat and which forms part of rental payments. The garage is in constant use as an artists

23 studio and provides essential storage space for her car and musical equipment. Concern is expressed that her letter of notification was only received on 27th August, only 4 days before the deadline for final comments.

6.6 An objection has been received by e-mail – no address supplied – which raises concerns about the proposed takeover of the former Ballantynes shop by Tesco and the potential impact from signage and the impact on local businesses.

7. ANALYSIS

7.1 The application raises the following issues.

Increased floorspace for the existing retail unit

7.2 The existing retail unit benefits from permission 01/2171/W, and provides total (gross) retail floorspace of 151sqm. Conditions were attached to the permission in order to restrict the use of the unit to A1 (shop) purposes only. A condition was also attached in order to restrict the opening hours of the unit from 07:30 hours to 23:00 hours.

7.3 The agent notes that the purpose of this application is to facilitate additional storage space of 42sqm for the existing ground floor retail unit. The resulting gross retail floorspace of the retail unit would be 193sqm.

7.4 The application site is not located in a designated shopping centre as defined by Policy 49 of the Local Plan. Policy 50 of the Local Plan relates to proposals for retail development outside defined centres. Policy 50 is a criteria-based policy that requires retail development outside defined district and local centres to satisfy a number of criteria. The application has been considered against the criteria in Policy 50 but given the limited amount of additional floorspace proposed, as the development relates to the extension of an existing retail unit, and considering that the site is located in a highly sustainable location - it is within walking distance of the city centre and there are a number of bus stops within walking distance of the application site, and noting that the application site effectively forms part of a Pontcanna Street/Cathedral Road centre (it is defined as a shopping centre in the Cardiff Unitary Development Plan Deposited Written Statement, October 2003) , it is not considered that the proposed additional retail floorspace would fail to accord with Policy 50 of the Local Plan and it would be difficult to sustain an argument that the additional retail floorspace proposed would undermine the vitality and viability of any defined centre (Cowbridge Road being the closest designated centre to the application site).

24 7.5 Whilst the application site is not located within a designated centre, as defined by Policy 49 of the City Of Cardiff Local Plan, paragraph 9.3.7 of Policy 49 of the Local Plan does state that:

“Within existing centres other than those defined in Policy 49, development proposals involving either new or improved retail facilities or the loss of existing shopping, will be considered on their merits, having regard to the characteristics of the premises and their location, the role of the centre in meeting local shopping needs, local land use considerations, traffic and other environmental implications”. This statement clearly recognises that there is some scope for new retail development – subject to detailed considerations - in existing centres which are not defined by Policy 49 of the Local Plan.

7.6 Given the existing development plan retail policy framework, it is not considered that an objection to the proposed, limited, extension of floorspace on the application site could be sustained.

Prospective use of retail unit

7.7 As already noted, the ground floor retail unit currently benefits from planning permission for use as a shop (unrestricted A1 use). It should be noted that the planning system does not have a role in interfering with or inhibiting competition between users of land and cannot regulate development for other than land use planning reasons. So in terms of planning, there is no control over the occupier of the unit. The existing unit could be occupied by any retailer, including local independent stores or multinational retailers, without the need for any further planning permission providing the business operates within the A1 Use Class.

7.8 It is noted that additional floorspace for the retail unit could make it more attractive to retailers requiring a larger premises but, for the reasons already discussed, it is not considered that a refusal of planning permission based on the proposed small increase in retail floorspace could be sustained as it is not considered that there would be any resultant harm to existing centres, as defined in the City of Cardiff Local Plan.

Loss of garage spaces

7.9 The 3no. garages provided under permission 01/217/W were secured in order to provide car parking spaces, cycle parking and refuse storage for occupiers of the 3no. two-bed flats at 1st and 2nd floor level of the development.

7.10 This application proposes the complete loss of the floorspace of one of the garages and the partial loss of floorspace within two of the garages to provide additional storage space for the existing retail unit. The submitted plans show that space for refuse storage and cycle storage would be retained in 2no. of

25 the garages. The agent notes that space for refuse and cycle storage would be provided for all 3no. flats.

7.11 It is noted that parking standards have changed since the application was originally determined in 2001 but the current adopted “Access, circulation and parking standards” SPG (January 2010) still requires a minimum of 0.5 car parking spaces per unit and a maximum of 2no. car parking spaces for each 2no. bed flat that is located in a non-central area (the application site is located in a non-central area as defined by the SPG). So a development of 3no. two –bed flats on the application site would be required to provide between 1.5no. and 6no. parking spaces.

7.12 Given the requirements of current parking standards it is difficult to justify the loss of the on-site parking spaces, especially in an area such as Pontcanna which has existing parking and traffic problems. The objection from the Transport Officer is noted.

7.13 The agent has submitted 2no. supporting letters, which make the following points: • the site is in a sustainable location and the properties are flats so they generally accommodate younger people , meaning the garages are not used • the site is located close to local shops and cars regularly park across the entrance so access/egress is problematic and the garages cannot be used • the flats are on the first and second floors with no gardens and the garages are used for refuse bin stores, bicycle stores and general storage • with restrictive parking in the town centre it is generally considered that the use of bicycles and public transport is more economical and environmentally friendly • cars park indiscriminately in front of the garages, the case officer has taken photos of this indiscriminate parking, and if the garages were taken away and residential parking extended to the road frontage, the loss of parking to the area would be zero.

7.14 In response to these points: • It is noted that the site is in a sustainable location but the site is not located in a Central area, as defined by the “Access, Circulation and Parking Standards” SPG, and existing parking standards require between 0.5no and 2no. car parking spaces per flat to be provided. A representation has been received from the current tenant of 2C Mortimer Road stating that her garage provides “… essential storage space for her car.” so the garages are evidently used and have the potential to be used by tenants, despite instances of illegal parking in front of the garages.

26 • It is understood that vehicles that park on-street directly outside the garages are parking illegally – the Transport Officer notes that this is a matter for Police enforcement and can also be enforced by the Council’s Civic Parking Enforcement Team.

• Condition 3 of permission 01/271/W requires the garages to be used for car and cycle parking and domestic refuse storage. Other uses of the garages would be unauthorised in terms of the extant planning permission.

• It is acknowledged that bicycles and public transport provide a more environmentally friendly mode of travel and recognising this and considering the sustainable location of the application site, parking provision towards the lower range of parking standards may be acceptable. However this would still require 2no. off-street spaces, i.e. 2no. garages, to be retained.

• It is recognised that if the facility to park cars in the garages was withdrawn, on-street parking would be still available outside the site. The agent states that in this scenario, there would be no resultant loss of parking provision. However whilst it is accepted that on-street parking could be provided for 2 no. cars (including adequate manoeuvring space) directly outside the garages this would still result in the loss of 1no. parking space when compared with the existing situation on site. Also it should be noted that the reason for requiring the development to provide garage space was to secure car parking spaces for the tenants of the flats. If the ability of the garages to store cars was removed, tenants of the flats would be competing for the parking spaces with other motorists and these motorists would not necessarily be residents of Pontcanna, which would add further pressure on local parking in the area.

Representations

7.15 It is considered that the issues raised through representations have been addressed in the above analysis. The resident of no. 2C Mortimer Road has expressed concern about the late receipt of her notification letter but notification letters were sent to neighbours on 11th August and it is considered that the application has been advertised in accordance with the requirements of Circular 32/92 “Publicity for planning applications”

7.16 It should be noted that two of the issues raised in Cllr. Gordon’s objection, and also contained in residents’ representations are not material planning considerations:

27 (i) The potential occupant of the extended retail unit (if permission was granted) is not a concern of the planning system – the unit could be occupied by an independent retailer or multinational providing the business operated under Use Class A1.

(ii) It is not the role of the planning system to interfere with or limit competition between businesses. As already discussed in this report, it is not considered that an objection to the provision of a relatively small amount of additional retail floorspace (42sqm) could be sustained and the impact of any prospective retailer operating from the enlarged retail unit (if permitted) on existing businesses in Pontcanna is not a material planning consideration.

Conclusion

7.17 The application proposal would result in the loss of 3no. off-site car parking spaces for residents of the existing flats. If approved, the development would fail to meet the minimum parking requirements as set out in the Council’s adopted “Access, circulation and parking requirements” SPG (January 2010). The supporting points raised by the agent are noted and have been addressed in this report but none of the points raised are considered significant enough to justify the loss of 3no. on-site parking spaces.

7.18 For the above reasons it is recommended that planning permission be refused.

28 29 COMMITTEE DATE: 12/10/2011

APPLICATION No. 11/01389/DCI APPLICATION DATE: 11/08/2011

ED: SPLOTT

APP: TYPE: Full Planning Permission

APPLICANT: Mr M Uddin LOCATION: 26 SPLOTT ROAD, SPLOTT, CARDIFF, CF24 2DA PROPOSAL: GROUND FLOOR REAR EXTENSION & CHANGE OF USE OF SHOP UNIT TO A3 TAKEAWAY ______

RECOMMENDATION: That planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. No member of the public shall be admitted to or allowed to remain on the premises between the hours of 23:00 and 09:00 on any day. Reason: To ensure for the amenities of occupiers of properties nearby.

3. The premises shall be used for the purpose specified in the application or as a restaurant/café and for no other purpose (including any other purpose in Use Class A3 of the schedule to the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument amending, revoking or re- enacting that Order). Reason: Permission is granted only because of the characteristics peculiar to this proposal. Other uses within Use Class A3 could prejudice the amenities of the area.

4. A scheme of sound insulation works to any floor, ceiling and party wall structure between the premises subject to this application and adjoining residential premises shall be submitted to and agreed by the Local Planning Authority in writing and implemented prior to occupation. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

5. G7G Plant Noise

6. F7Q Kitchen Extraction

7. C7S Details of Refuse Storage

30

8. The developer shall provide a suitable grease trap to prevent entry into the public sewerage system of matter likely to interfere with the free flow of the sewer contents, or which would prejudicially affect the treatment and disposal of such contents. Reason: To protect the integrity of the public sewerage system, and sustain an essential and effective service to existing residents.

9. Prior to beneficial use of the premises, level or ramped access from Splott Road into the ground floor commercial unit shall be provided and thereafter retained. Reason: In the interests of inclusive access.

RECOMMENDATION 2: The applicant should note that South Wales Police advise that new doors and windows should be installed to Secured by Design standards, and CCTV and a monitored alarm system should be installed.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 A full application for the change of use of an existing vacant ground floor retail property to food and drink (A3) use as a hot food takeaway. The proposed hours of opening are 9am to 11pm, each day.

1.2 The application also involves a ground floor rear extension and replacement entrance doors on the front elevation. The proposed extension would project approximately 6m from the main rear wall of the rear annexe of the property. It would be of lean-to design with a ridge height of approximately 4m. The proposed extension would be of a similar length and height as the existing single-storey rear extension at the adjoining property at no. 28 Splott Road. A rear window is proposed in the extension with a doorway on the side elevation leading to a ramped access to the rear yard. The application indicates that the walls of the proposed extension would be finished in stone and render, to match the existing property.

1.3 The proposed ground floor extension would be approximately 8.5 from the rear boundary wall.

1.4 The application is supported by a Design and Access statement.

2. DESCRIPTION OF SITE

2.1 The application site, a two storey mid-terrace property, is located within the Splott Road local centre, which contains a number of shops, services and food and drink premises.

31

2.2 The ground floor of the premises is currently vacant. The agent notes that the ground floor unit has been vacant for about 4no. years with the previous occupier unknown. There is residential accommodation on the upper floor. There is also residential accommodation in the upper floors of the adjoining premises at no. 28 Splott Road. The properties in the frontage opposite the application site are primarily residential in nature.

2.3 The application site is located in a frontage (nos 22 – 58 Splott Road) which contains a mix of ground floor commercial uses, including 4no. A3 uses, 6no. A1 uses, 3no. A2 uses and 3no. vacant units. The application site is immediately adjoined by a vacant shop unit at no. 24 Splott Road. The adjoining property at no. 28 Splott Road accommodates a ground floor flat and ground floor commercial floorspace – the commercial floorspace appears vacant.

2.4 The existing A3 uses all provide hot food takeaways and are located at numbers 22, 38, 50 and 58 Splott Road.

3. SITE HISTORY

09/1092/E Conversion to no. flats and conversion works. Granted: 27/8/2009.

08/2047/E Replacement of existing shutters with new electrically operated security shutters to shop fronts (units 10, 12, 14, 16, 18, 26, 46, 54, 56, 58, 17, 19, 25 & 27). Granted: 17/10/2008.

03/465/R Proposed change of use to sunbed centre on ground floor. Granted: 23/4/2011.

4. POLICY FRAMEWORK

4.1 Relevant National Planning Guidance:

Planning Policy Wales TAN 4: Retailing and Town Centres TAN 11: Noise TAN 12: Design TAN 18: Transport TAN 21: Waste

Circular 16/94: Planning Out Crime

32 4.2 Relevant City of Cardiff Local Plan policies:

11: Design & Aesthetic Quality 17: Parking & Servicing Facilities 19: Provision for Pedestrians 20: Provision for Special Needs Groups 49: District & Local Centres

4.3 Relevant Deposit Unitary Development Plan (October 2003) policies:

2.20: Good Design 2.24: Residential Amenity 2.36: District & Local Centres 2.57: Access, Circulation and Parking Requirements 2.74: Provision for Waste Management Facilities in Development

4.4 Relevant Supplementary Planning Guidance:

Restaurants, Takeaways and other Food & Drink Uses (June 1996) Waste Collection and Storage Facilities (March 2007) Access, circulation and parking requirements (January, 2010)

5. INTERNAL CONSULTEE RESPONSES

5.1 Waste Management A location for the storage of waste and recycling and presentation for collection must be included on the site plan. The agent should be aware that a commercial contract for the collection and disposal of commercial waste is required.

5.2 Pollution Control Conditions are requested in order to: secure a scheme of sound insulation, restrict opening times to 09:00 – 23:00, control plant noise, secure kitchen extraction equipment and restrict delivery times.

5.3 Transport Any comments will be reported to Planning Committee.

6. EXTERNAL CONSULTEE RESPONSES

6.1 South Wales Police Although there are a number of A3 uses in the area, the level of crime and disorder problems at present would not appear to justify a police objection. Concerns are raised in terms of potential parking problems in the street and a

33 number of recommendations are made to ensure that the new glazing and doors are installed to Secured by Design standards, the installation of CCTV and an alarm system is also encouraged.

6.2 Welsh Water No objection subject to conditions to secure a grease trap. Welsh Water also note that the site is crossed by a public sewer to which Welsh Water have rights of access at all times.

7. REPRESENTATIONS

7.1 Neighbours and local members have been notified, the application has been advertised on site and in the press.

7.2 An e-mail has been received from a resident of no. 250 Wyncliffe Gardens, Grangetown. The e-mail states that there are too many fastfood units on the street, there are noise issues and the proposal will affect the nearest takeaway’s business.

7.3 A resident of no. 43A Splott Road has e-mailed to object to the proposal as there are already 4no. takeaways in the block with an additional takeaway on Splott Bridge. There is concern that an additional takeaway would cause anti- social behaviour problems for residents in the vicinity of the site – gangs of youths already hang around outside the chip shop. The resident notes that she has given permission for Cllr. Cox to represent her.

7.4 A resident of no. 32A Splott Road objects as there are already 8no. fast food outlets along Splott Road with resulting problems with parking, noise, smell, waste and general degradation of the environment. The proposal would therefore be unneighbourly and inappropriate and should therefore be refused.

7.5 An objection has been received from a resident of no. 43 Splott Road as there are already 10no. A3 hot food takeaways within a circle of 500 m (4no. within the block, 4no. within 250m along the same section of road and a further 2no. on an adjacent high street). The resident objects on the grounds of (i) saturation of the commercial environment opportunities, (ii) development of a residential shopping parade into a late night economy, (iii) litter, (iv) anti-social behaviour, (v) concern that a least one of the existing premises has traded beyond its hot food licence for the past 5 years. He authorises Cllr. Gavin Cox to represent him at any hearings.

34 7.6 The occupier of no. 24 Splott Road objects as she already suffers from people urinating on her front door and other anti-social behaviour. There are already too many takeaways in Splott Road.

8. ANALYSIS

8.1 The application raises the following issues.

Proposed ground floor extension

8.2 Given the scale and design of the existing ground floor extension to the rear of the adjoining property at no. 28 Splott Road, the proposed extension on the application site is not considered to generate any significant visual or amenity concerns, and is not considered to result in any significant impact on the amenity of occupiers of adjoining premises.

Land Use Policy

8.3 The Strategic Planning (Policy) section note that the application site is located within the Splott Road/Carlisle Street Local centre as defined by the City of Cardiff Local Plan 1996. As such the proposal should be assessed against Policy 49 of the Local Plan, which aims to protect the predominant shopping role of Local Centres and maintain the vitality and viability of its shopping frontages. Paragraph 9.2.5 of the Local Plan states notes that food and drink outlets (class A3) can contribute to an area’s vitality and viability. Paragraph 9.3.5 of the Plan states that the most appropriate locations for Class A3 food and drink uses are in the designated district and local centres.

8.4 Further advice is provided in the Council’s adopted ‘Restaurants, Takeaways and Other Food and Drink Uses’ supplementary planning guidance (SPG). The SPG states that, whilst food and drink uses can add variety and vitality to a centre, too many of them (together with other non-shopping uses) can harm a centre, or part of a centre by reducing the number of shops and thus undermining its main shopping role and character. Taking into account planning policy and guidance, it is considered unlikely that the application would harm the predominant shopping role of the centre or undermine its vitality or viability. 26 Splott Road is currently a vacant A1 unit and has been since 2007 according to the application form - it is also noted that there are a number of other vacant units in the centre, including a vacant unit adjoining the site. The application site also has permission for residential flats (09/1092/E), which suggests there is limited demand for a future retail use or dwelling use. The currently vacant unit is not contributing to the vitality and viability of the local centre.

35 8.5 Given the length of time that the unit has been vacant and considering that there are a number of other vacant units in the centre, the application is not considered to raise any retail policy concerns subject to an assessment of the impact of the proposal on residential amenity

8.6 It is noted that paragraph 4.15 of the “Restaurants, takeaways and other food and drink uses” SPG requires consideration to be given to the level and nature of existing non-shopping uses, including the number of existing food and drink (A3) premises. The issue to consider is whether additional A3 floorspace would alter the balance of uses within the frontage to the extent that the shopping character would be undermined and/or harmful effects on the amenity of nearby residents would increase to an unacceptable level. In this case, given the distribution of existing A3 uses and considering the balance of non-shop:shop uses within the frontage, it would be difficult to sustain an objection that the proposal would alter the balance of uses within the frontage to such an extent that the shopping character of the centre would be undermined. The impact of the proposal on residential amenity is considered in the next section of this report.

Residential Amenity

8.7 The application has been assessed by the Pollution Officer who considers that any potential adverse amenity impact in terms of noise or smell nuisance can be satisfactorily addressed and mitigated by planning condition.

Crime and anti-social behaviour

8.8 The South Wales Police Crime Prevention Design Advisor has been consulted on the application and considers that the existing levels of crime and disorder in the area at present would not appear to justify a police objection.

Representations

8.9 The objections raised are noted. The potential adverse impact of the proposal in respect of noise and smell have been considered by the Pollution Control Officer who considers that measures can be secured by condition in order to mitigate any potential nuisance. The South Wales Police Crime Prevention Design Advisor does not consider that levels of crime and anti- social behaviour in the area are significant enough to justify an objection to the planning application. A condition has been recommended, which would secure details of refuse storage facilities. Commercial competition is not a material planning consideration.

8.10 A condition has been recommended in respect of opening hours and if the premises operates outside these hours and the Council are notified of the

36 breach, the Council’s Planning Enforcement section will investigate. In terms of parking issues, the comments of the Transport Officer will be reported to Planning Committee.

8.11 It is noted that there are 4no. existing hot food takeways within the application site frontage and that the “Restaurants, Takeaways and other Food & Drink Uses” SPG requires the impact of any food and drink use in a defined centre to be considered against the likely impact on the shopping character of the area. But given the distribution of the existing takeaways in the frontage, considering the number of existing, vacant units and the significant amount of time that the application site premises has itself been vacant, it would be difficult to justify refusal of permission based on harm to the shopping role or character of the centre. It should also be noted that extant planning permission 09/1092/E, if implemented, would allow the conversion of the ground floor retail floorspace to residential use, so the loss of the retail unit to a non-shop use has already been accepted in principle.

Conclusion

8.12 The loss of the retail unit to a non-shop use does not raise any policy concerns given the planning history of the site, the length of time the unit has been vacant and the number of other vacant shop units in the application site’s frontage. The Pollution Control Officer considers that any potential amenity nuisance resulting from the proposed takeaway can be adequately mitigated and controlled by measures to be secured by planning condition. The South Wales Police Crime Prevention Design Advisor has advised that the existing levels of crime and disorder in the area at present would not justify a police objection on grounds of impact on public safety.

8.13 Based on the above analysis, it is recommended that permission be granted.

37 38 39 40 MEMBER AND AM OBJECTION

COMMITTEE DATE: 12/10/2011

APPLICATION No. 11/906/DCO APPLICATION DATE: 24/05/2011

ED: PONTPRENNAU/ST MELLONS

APP: TYPE: Full Planning Permission

APPLICANT: Scimitar Development Ltd LOCATION: LAND TO REAR OF HIGHFIELD, DRUIDSTONE ROAD, OLD ST MELLONS PROPOSAL: CONSTRUCTION OF 3NO TWO STOREY DETACHED DWELLINGS WITH ACCOMODATION WITHIN THE ROOF SPACE GARAGING/CAR PARKING AND ASSOCIATED WORKS. ______

RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:

1. The development permitted shall be begun before the expiration of five years from the date of this planning permission. Reason: In accordance with the provisions of Section 91of the Town and Country Planning Act 1990.

2. D3C Parking Within Curtilage

3. C2H No Structures Within Curtilage

4. The garages hereby permitted shall be used only for purposes incidental to the enjoyment of the dwellings as such and for no other purpose whatsoever. Reason: To ensure that the amenities of the occupiers of adjoining properties are protected.

5. E1B Samples of Materials

6. D7Z Contaminated materials

7. E7Z Imported Aggregates

8. C5A Construction of Site Enclosure

9. C4P Landscaping Design & Implementation Pro

10. C4R Landscaping Implementation

11. The dwellings hereby approved shall meet the BRE Code for Sustainable

41 Homes (Version 3) Level 3, and shall obtain a minimum of 1 credit under Ene 1 (Dwelling Emissions Rate). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

12. Construction for any dwelling hereby permitted shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 (Dwelling Emission Rate) shall be achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

13. Prior to the occupation of the dwellings hereby permitted, a Code for Sustainable Homes “Final Certificate” shall be submitted to the local planning authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 6 credits under “Ene 1 – Dwelling Emission Rate” has been achieved for the development in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (May, 2010). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

14. No development shall take place until a scheme for the drainage of the site and any connection to the existing drainage system has been submitted to and approved in writing by the local planning authority. Prior to the submission of the drainage details, ground permeability tests for the western section of the proposed access road shall be undertaken to ascertain whether sustainable drainage techniques can be utilised and the results of the tests shall be occupied until the scheme is carried out and completed as approved. Reason: To ensure an orderly form of development.

15. This consent relates to the application as amended by the revised plans numbered SD-DR/PL-15A and SD-DR/PL-02 Rev 1 attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

16. This consent relates to the application as supplemented by the additional information contained in the letter from the applicant dated 9th June, 2011, and in the email communication from the applicant dated 15th June, 2011 (relating to refuse storage). Reason: The information provided forms part of the application.

17. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no windows shall be inserted in the north west facing roof plane of the detached garage at Plot 1 (facing towards the rear garden of Highfield) or above ground floor level in the north west elevation and roof plane of the dwelling at plot 2, adjacent to

42 the rear garden of plot 1. Reason: To ensure that the privacy of adjoining occupiers is protected.

18. The first floor window in the rear elevation of the garage block at plot 1 together with the first and second floor windows on the side (north west) elevation of the dwelling at plot 1, (facing towards Highfield), shall be non opening below a height of 1.8 metres above internal floor level and glazed with obscure glass and thereafter be so maintained. Reason: To ensure that the privacy of adjoining occupiers is protected.

19. Further details of the footway along the site frontage of Highfield with Druidstone Road (as shown on dwg. SD DR/PL-15) shall be submitted to and approved by the local planning authority prior to the commencement of development. The footway shall be completed in accordance with the approved details prior to the beneficial occupation of the dwellings and thereafter, shall be retained at all times. Reason: In the interests of highway/pedestrian safety.

20. Any gates or other means of enclosure to be erected within the access lane shall be positioned a minimum of 5.0 metres from the back edge of carriageway along Druidstone Road. Reason: In the interests of highway safety.

RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

RECOMMENDATION 3: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

(i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being

43 contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and (iii) the safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

The local planning authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 This detailed planning application proposes the erection of 3 no. five bed room detached dwellings on land formerly comprising part of the large rear of garden of Highfield, Druidstone Road. Outline planning permission for the development of two detached dwellings on the site was granted in June 2009 and reserved matters were subsequently approved in March, 2010.

1.2 The site has been sub-divided from the original property by the erection of 1.8m high close boarded fencing and is to be accessed via a driveway onto Druidstone Road, running along the south west boundary, in accordance with the details approved under the previous planning consents. The access has already been formed and is screened from Highfield by a new boundary wall/fencing. A 1.8m wide footway has also been constructed along the Druidstone Road frontage.

1.3 The proposed dwellings are shown to be arranged in a ‘courtyard’ formation, with the dwelling at plot 1 sited and orientated in a similar manner to the dwelling previously approved adjacent to the retained rear garden of Highfield. The proposed dwellings at plots 2 and 3 are positioned alongside each other, orientated towards plot 1 and Druidstone Road.

1.4 Details of the layout and appearance of the proposed dwellings are shown on the attached plans together with details of the previously approved scheme for two dwellings.

1.5 The dwellings are two storeys in scale with some accommodation provided in the roof spaces served by roof lights and windows in side elevations. Each dwelling is approximately 5.0 metres in height at eaves level, rising to a ridge height of between 9.5 metres and 9.6 metres.

1.6 The dwellings at plots 2 and 3 are provided with integral double garages whereas a detached double garage is provided at plot 1, incorporating an en- suite hobby room in the roof void space.

44

1.7 It is intended to construct the dwellings using the same materials, comprising facing brick elevations (multi red for the plinths and ‘Ivanhoe cream’ for the remainder), reconstituted stone detailing around windows and doors, with plain clay tiles (Tuscan colour) for the roofs.

1.8 The existing hedges around the perimeter of the site are shown to be retained and supplemented with additional tree and hedge planting to ‘gap-up’ any breaks where necessary. Further tree and other planting is proposed within the site.

1.9 In accordance with TAN 22 : Planning for Sustainable Buildings, the dwellings are to be constructed to achieve Code for Sustainable Houses Level 3 and a pre-assessment has been submitted to this effect.

1.10 The application is supported by a Planning Statement which provides an appraisal of the scheme against the relevant planning policy framework. In summary, the appraisal includes the following comments:

(i) Whilst the proposal will result in the creation of an additional unit compared to the scheme previously approved, the density of development remains low constituting 12 dwellings per hectare. Furthermore, it should be noted, that some of the existing and approved developments within the area offer a higher density than the application proposal. (ii) The design of the units and proposed facing materials are considered to be in harmony with those found within the area, whilst the retention and reinforcement of the existing mature landscaping around the site will further soften the impact of the development. (iii) The form and layout of the development takes the lead from other similar developments approved in the vicinity whilst offering certain merits over the previously approved scheme being approximately 1.0 metres lower in height that the dwelling previously granted at plot 1 whilst projecting 5.0 metres less towards the open countryside. (iv) It is considered that the layout arrangements will protect the privacy and amenities of surrounding properties and provide for an attractive design and environment for future occupiers of the site. (v) Plot 1, which is the nearest property to the existing neighbours at ‘Highfield’ and ‘Chandos’ is sited in a similar position to the corresponding plot previously approved on the site. The plot will only have oblique views towards ‘Chandos’ with a distance between dwellings of approximately 37 metres. The dwelling to dwelling distance between plot 1 and Highfield is 33.0 metres being orientated towards the garage of plot 1 and the side elevation of the dwelling beyond. (vi) The rear elevations of plots 2 and 3 are set off the rear boundary by over 12 metres which exceeds SPG requirements. (vii) In terms of amenity provision for future occupiers, all units have satisfactory private amenity space provision commensurate with the size of the unit proposed and not dissimilar to the size of plots found in

45 the area. The average amount of amenity area for the proposed units is 320 square metres which is over six times the minimum provision advocated by the ‘Infill Sites’ SPG. (viii) The units have been appropriately designed to avoid any privacy or overbearing issues whilst maintaining a satisfactory level of natural surveillance. (ix) In view of the works completed at the site entrance, a satisfactory (refuse) collection point now exists which will provide for the needs of occupiers without comprising highway safety. (x) Satisfactory consideration has been given to access, circulation and car provision. (xi) The application proposes the retention, repair and reinforcement of the hedge/tree planting which defines the perimeter of the site including the retention of the mature tree to the rear of plot 3 (an improvement on the previous scheme). In view of this and in the light of the additional landscaping proposed within the site, it is considered that the development accords with related policies and specific guidance contained in the ‘Trees and Development’ SPG. (xii) The scheme will provide 3 no. detached houses, which in the light of the Inspector’s recent comments on the LDP will assist with the provision of much needed family housing for the City.

2. DESCRIPTION OF SITE

2.1 The application site, which measures approximately 0.25 hectares (0.62 acres), is situated at the rear of a large two storey dwelling known as Highfield and previously formed part of the substantial rear garden of the property.

2.2 The site has recently been separated from the dwelling and its retained garden by the erection of boundary fencing/walls, in accordance with the plot and access arrangements of the extant planning permission for the development of two dwellings on the land.

2.3 Highfield is located at the south western end of a row of detached houses along Druidstone Road, approximately 450 metres from its junction with Tyr Winch Road. There is also a row of seven detached houses on the opposite side of the road.

2.4 To the north east, Highfield adjoins the side boundary of the neighbouring detached house known as ‘Chandos’. The application site extends approximately 42.0 metres beyond the rear of this property and it is within this part of the former garden that the proposed houses are shown to be located.

2.5 The south west, south east and part of the north eastern boundaries of the site adjoin open countryside (fields) and are enclosed by hedgerows.

2.6 The site, which is broadly rectangular in plan, measuring 38.0 metres x 53.0 metres, is served by a separate access onto Druidstone Road which has already been formed along the south western boundary of the existing

46 dwelling. A 1.8 metre wide footway together with a stone faced retaining wall has been constructed along Highfield’s frontage with Druidstone Road, in accordance with previous planning consents. The existing property retains its own separate access onto the road.

3. SITE HISTORY

3.1 08/689E Outline planning permission for two detached dwellings, granted June, 2008.

3.2 10/71E Revised access and new footway along the Druidstone Road frontage of ‘Highfield’; granted March, 2010.

3.3 10/901DCO Construction of two dwellings (Approval of reserved matters), granted September, 2010.

3.4 Several planning permissions have been granted in recent years for additional dwellings within the large gardens of properties along Druidstone Road. This includes four dwellings in the rear gardens of Hightrees and Highmead, two dwellings in the rear garden of Longueville Court and single dwellings at Cefn Eurwg and Mainbrace. Larkrise, situated approximately 130m south west of the application site has recently been redevelopment to create 3 no. detached dwellings. Jindabyne Court, located some 250m north west of the application site was redeveloped to create four dwellings some years ago, following the grant of planning permission in 2001 and a number of planning permissions have been granted for the development of additional dwellings at Pwll Coch Farm/Swallow Cottage to the rear of Jindabyne Court.

4. POLICY FRAMEWORK

4.1 The application site is shown as an existing housing area on the Proposals Map of the adopted City of Cardiff Local Plan. Relevant policies of the Local Plan include:

Policy 11 (Design and Aesthetic Quality) Policy 12 (Energy Efficient Design) Policy 17 (Parking and Servicing Facilities) Policy 30 (Insensitive Infilling)

4.2 The following policies of the Deposit Cardiff Unitary Development Plan (October 2003) are considered relevant:

2.20 (Good Design) 2.24 (Residential Amenity) 2.43 (General Landscape Protection) 2.45 (Trees Woodlands and Hedgerows) 2.57 (Access, Circulation and Parking Requirements)

4.3 Supplementary Planning Guidance : Access, Circulation and Parking Supplementary Planning Guidance : Trees and Development.

47 Supplementary Planning Guidance : Design Guidance for Infill Development (2011)

4.4 Relevant National Policy Guidance is contained in Planning Policy Wales (Edition 4, February 2011), TAN 12 Design and TAN 22 Planning for Sustainable Buildings.

4.5 With regard to design considerations, Planning Policy Wales paragraph 9.3.3 states:

‘Insensitive infilling or the cumulative effects of development or redevelopment, including conversion and adaptation, should not be allowed to damage an area’s character and amenity. This includes any such impact on neighbouring dwellings, such as serious loss of privacy or overshadowing.’

4.5 When determining applications for new housing, paragraph 9.3.4 of PPW states that local planning authorities should:

Ensure that the proposed development does not damage an area’s character and amenity. Increases in density help to conserve land resources, and good design can overcome adverse effects, but where high densities are proposed the amenity of the scheme and surrounding property should be carefully considered.’

4.7 Advice on backland development is contained in both PPW and the Council’s recently approved SPG : Design Guidance for Infill Development.

The SPG includes the following statements:

(i) Any proposals within backland sites should reflect the character, scale of backland development within the local area (paragraph 2.9).

(ii) The design of backland development must be based on a clear understanding of the effects that this type of development has on character and residential amenity. Problems that can occur which must be avoided, or minimised to an acceptable level, are:

• Loss of privacy and spaciousness • Loss of daylight • Inadequate access • Loss of green/garden space • Enclosure of public utility services • Loss of car parking • The prejudicing of future development through piecemeal development • Poor aspect onto ‘dead frontages’ or rear lanes (paragraph 2.10) • (iii) Infill, backland and site redevelopment must result in the creation of good places to live. This needs to be demonstrated through the quality of internal living space; private amenity space and through the adherence to

48 principles relating to access, security and legibility (paragraph 3.8) (iv) The density of development, both in terms of scale and massing as well as the number and type of units, should vary according to the site character and context and must respond respectively to the scale, form and massing of existing development in the area (paragraph 3.26) (v) Existing houses affected by new development should maintain reasonable garden sizes (both front and back) appropriate to the house and surrounding areas (paragraph 4.8) (vii)New developments should allow for adequate privacy for the occupiers of the proposed buildings as well as for neighbouring properties. Normally, a minimum of 21m should be maintained between principal windows to habitable room. The minimum overlooking distance from a habitable room window to a garden area of a separate dwelling should be 10.5m. Relying on obscurely glazed windows or non-opening windows is not a preferred means of achieving privacy (paragraph 4.9). (v) To safeguard the amenity of existing residents, proposals must not result in unacceptable harm regarding the level of overbearing, overshadowing or overlooking of neighbouring properties (paragraph 4.11)

5. INTERNAL CONSULTEE RESPONSES

5.1 The Operational Manager, Transportation advises that the principle of the development was established under original outline consent 08/689E and he notes that the frontage footway required under that consent has already been provided. He advises therefore that he has no objection subject to a condition relating to the future retention of 3 off street parking spaces in association with each of the new dwellings, in accordance with the requirements of the Supplementary Planning Guidance : Access, Circulation and Parking.

5.2 The Operational Manager, Environment (Pollution Control) has no comments to make in respect of noise/air pollution.

5.3 The Operational Manager Waste Management advises that the proposed waste/recycling arrangements are acceptable.

5.4 The Operational Manager, Drainage Control notes that it is proposed to drain surface water from all three dwellings and the eastern section of the proposed access road to a soakaway in the garden of plot 2. He advises that the percolation test results submitted indicates that a valid percolative test result was obtained and that the soakway design appears to be based on this. He notes that surface water run off from the western end of the access road is to be drained to another soakaway near the junction with Druidstone Road, but that no details of infiltration testing appear to have been carried out in this area. Consequently, the Officer has requested that an appropriate drainage condition be attached to any planning consent granted and advises that Welsh Water/Dwr Cymru should be consulted on the application.

49 6. EXTERNAL CONSULTEES RESPONSES

6.1 Welsh Water/Dwr Cymru requests drainage conditions to ensure no detriment to existing residents, the environment and to the Company’s assets. Details of a public sewer crossing the site has also been provided.

7. REPRESENTATIONS

7.1 Councillor D Walker advises that due to an interest, the Pontprennau and Old St Mellons Councillors are unable to represent a neighbour who objects strongly to the proposed unit. He states that the concern would be unneighbourly overdevelopment of the garden grabbing type. He requests that if the application is to be recommended for approval, that it be reported to Committee.

7.2 Councillor R McKerlich objects to this application and requests a site visit. He states that the reason for a site visit is to enable the Committee to observe the nature of Druidstone Road (a narrow lane well used by cyclists, pedestrians and equestrians in addition to vehicular traffic), the size and amenity space of properties in the area and the evidence of a large colony of dormice on the site.

The Councillor’s objections are as follows:

(i) Some twelve vehicles would be using a long, narrow access lane with no passing place and an entrance debouching on to a narrow lane with poor visibility. This is creating a clear traffic hazard. (ii) In the design guidance for infill sites, point 3.24 demands attention to the character and context of the surrounding area; it also requires the retention of adequate garden space. This addition to the approved development will create a development of 3 houses out of keeping with the neighbourhood and with garden space far less than its neighbours. It is not sensible to argue that the amenity space meets the guideline set out in 4.3 which might apply to a ground floor flat. These are 5 bedroom, substantial family homes in an area where houses have good sized gardens. (iii) This is an unneighbourly over-development of the site (iv) Dormice are a protected species (v) With regard to the drainage of the site, it is noted that whilst evidence has been submitted to support the use of soakaways in the garden of plot 2, no evidence has been submitted to support run-off into the drainage system of Druidstone Road. It is contended that without this further road, the current drainage system is inadequate and despite the drains being cleared recently by the Highways Department, the road floods outside High Trees on Druidstone Road during moderate rainfall.

7.3 Details of the application have been forwarded to the office of Julie Morgan AM for her information.

7.4 David Melding AM objects to the proposals considering it to be an

50 overdevelopment, injurious to the privacy of neighbours, disruptive to the amenity of neighbours during construction and poor practice following a recent initial approval.

7.5 Jonathan Evans MP advises that he has been contacted by the neighbouring occupier at Chandos in relation to the application. He understands that the occupier was actively opposed to the initial granting of planning permission and is now even more concerned to note that the planning application has been amended in order to significantly increase the level of development activity. He further understands it is proposed that three properties are intended to make use of one access road leading into the rather narrow lane at Druidstone Road with all of the consequent traffic difficulties that are likely to arise. He notes the neighbouring occupier has requested a Committee site meeting prior to any decision being made and asks that this request be acceded to.

7.6 The occupier of the Moorings, Druidstone Road objects on the following grounds:

(i) The proposed new development will increase the traffic load on the road and create more difficult and potentially dangerous access to Druidstone Road. (ii) The development will increase water drainage onto Druidstone Road which already floods further down the road in heavy rainfall conditions. (iii) Adverse impact on dormice who are a protected species. (iv) No thought given to the immediate neighbours who either get overlooked by the proposed development or are inconvenienced by the construction traffic and site plant. (v) In recent years the character of this rural road has been eroded by modern developments caused through greed. Some new residents do not want to maintain the tradition of this beautiful part of Cardiff but just make as much money as possible from their location. (vi) The replacement of a tall hedge along the site frontage with a wall and pavement. (vii)The noise pollution from 7.30 am and danger to local residents with dumper trucks, lorries, construction plant is unacceptable in a narrow country lane.

7.7 The occupier of Chandos, Druidstone Road has requested that the application be considered by Planning Committee and that the Committee undertakes a site visit prior to the application being determined.

The occupier objects to the application for the following reasons:

(i) Over development of the site. (ii) Tandem development which recent Supplementary Guidance (SPG) advises is not good practice. The application is also considered to be contrary to Policy 11 (Design and Aesthetic Quality) of the adopted City of Cardiff Local Plan (paragraph 2.12 – Tandem Development). (iii) The additional property if granted, would generate possibly as many as

51 four additional vehicles within a limited area, for turning and accessing the shared private driveway. (iv) The proposed additional dwelling would further intrude upon privacy. (v) Three dwellings on a plot equal in size to that of a single dwelling (Highfield) would be out of character with the majority of the properties in the area which are of large dwellings in large plots. (vi) If granted, the rear fenestration would be intrusive, and, particularly the roof space windows of properties one and two. (vii) It is believed that dormice (a European Protected Species) are thriving within and close to the site and that appropriate recommendations should be made to the developers to ensure their protection.

7.8 The Clerk to the Old St Mellons Community Council states that the Council objects to the proposal on the following grounds:

(i) This is a tandem development i.e. the site is being over-development. (ii) It is out of character. (iii) The small footprint is not in keeping with the area. (iv) It also notes that while some work has been done on the footpath this has not been completed and may be dangerous.

7.9 Representations have been received on behalf of the owners of the open land between the application site and Larksrise.

In summary the following concerns are raised:

(i) The owners of the land are concerned they have not been consulted on the application. They say that they were not consulted on the earlier application for this site nor on the application for the Larkrise development to the south west. (ii) The current proposals for three dwellings is considered to be an overdevelopment of the site. However, of greatest concern is the impact of the proposed development on the future development potential of their land. They state that the development which has properties within a short distance of their site boundary and that the current proposal would similarly compromise the development potential on the other side of their site. (iii) Reference is made to advice contained within PPW and the Council’s recently approved Supplementary Planning Guidance entitled ‘Design Guidance for Infill Development’. It is noted that with respect to backland development, the advice states developments should avoid, or at least minimise, ‘the prejudicing of future development through piecemeal development’. It is considered that the current proposal would do exactly this and is therefore contrary to the Councils policy advice. It is noted that there has been a request for a Committee site visit. Such a request would be supported to enable Members to assess the position on site.

7.10 The applicant provides the following representation in response to some of the concerns highlighted at the recent Committee site visit.

52 (i) Site Entrance/Access Drive Width A revised Site Development Layout Plan (Drawing no. SD-DR/PL-02 Rev 1) has been forwarded which has been amended to include a detailed site entrance extract which confirms that the minimum driveway entrance width and length (4.5m and 5m) can be exceeded. Photographs showing two cars located side by side at the entrance have also been provided.

(ii) Drainage/Surface Water Soakaway Provision In light of comments made at the site visit, a soakaway test has been undertaken for the western par of the site. The final report from the engineer will be forwarded to the Council earlier next week. I understand that this report will verify the use of the soak-away for the western part of the site, which I trust will fully resolve any potential concerns in this respect.

(iii) Potential Impact Upon Dormice It is noted that the committee report fully addresses this matter, with the retention and reinforcement of the existing boundary hedges having no adverse impact upon any potential dormice population, but will in fact enhance connectivity.

(iv) Design and Amenity It is noted that matters relating to loss of amenity, loss of privacy, over- development of the site etc. have been positively appraised in detail within the report to planning committee. It is in fact our assertion that this scheme offers a number of merits over the scheme previously approved on the site, given the scale, height and design of the proposed units and the visual impact upon the wider landscape.

8. ANALYSIS

8.1 This application seeks detailed planning permission for the development of 3 no. five bedroom detached dwellings on land formerly comprising part of the rear garden of ‘Highfield’, Druidstone Road.

8.2 The principal of residential development on the site has been established by the granting of outline planning permission for the development of two detached houses in 2008 (8/689E) and the subsequent approval of reserved matters in 2010 (10/901DC0).

8.3 The proposed access to the site, via a driveway along the south western boundary of Highfield, together with the retention of a separate vehicular access serving the existing dwelling, was also approved as part of the outline planning permission. A condition of the outline consent required the provisions of a 1.8 metre wide footway along the Druidstone Road frontage prior to the beneficial occupation of the new dwellings. Work on the construction of the footway together with a stone faced retaining wall commenced in 2009, in advance of the approval of the remaining reserved matters. This work was the subject of a separate retrospective planning application granted in March, 2010 (10/77E).

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8.4 Having regard to the extant planning permission for two large dwellings on the site the main issues to be assessed in respect of the current planning application are considered to be;

(i) the effects of the proposed development on the character and appearance of the area and the general amenities (including the privacy) of neighbouring occupiers; (ii) whether the proposed development will provide acceptable living conditions for future occupiers; (iii) the acceptability of the proposal on highway safety/transportation grounds.

8.5 Existing dwellings in Druidstone Road vary architecturally with no prevalent style or design. The proposed scale and appearance of the dwellings are considered acceptable having regard to the local context.

8.6 The layout of the proposal allows for the retention of the hedgerows and trees located on the perimeter of the site together with scope for additional planting. This will assist in screening and softening the development in views from neighbouring properties and from the open countryside. Public view of the development (principally glimpse from Druidstone Road) would be limited and the perception of built development at the site would not differ discernibly from scheme subject of the extant planning permission.

8.7 The proposed layout leaves existing house sitting on a plot of approximately 0.2 hectares with a 25.0 metre long rear garden, which is broadly similar to that of the adjoining dwelling at Chandos.

8.8 The Council’s Infill sites SPG states that the ‘density of development both in terms of scale and massing, as well as the number and types of units should vary according to the site character and must respond sensitively to the scale, form and massing of the area.

8.9 Whilst the urban form and character of Druidstone Road, primarily comprises large dwellings within large plots, it is evident that there is considerable variation in plot size and that several similar backland development schemes have been approved in the locality.

8.10 Although the proposed plots subject of the current application would be smaller than the majority of the existing plots in Druidstone Road, they remain generous by normal development standards and compare favourably with several plots in the vicinity e.g. the redeveloped Larkside, identified on the attached aerial photographs some 130 metres south west of the application site. On balance, it would be difficult to sustain an objection to the current proposal based on the impact of the additional dwelling in terms of its effect on the character and appearance of the area. It is also considered that the proposal would provide satisfactory living conditions for future occupiers in terms of outlook and external amenity spaces.

54 8.11 The effect of the proposed development on the amenities of neighbouring occupiers has been carefully considered. The side elevation of the dwelling at plot 1 is shown to be sited some 8.5 metres from the existing 1.8 metre high boundary fence with ‘Highfield’ and some 33.0 metres from the rear elevation of that property. The proposed detached garage with accommodation above, although sited close to the boundary fence, has its roof pitching away from the boundary thereby mitigation its impact. A first floor window in the rear elevation of the garage block is conditioned to be obscurely glazed to protect the privacy of the neighbours.

8.12 The dwelling at plot 1 essentially occupies the same position within the site as one of the two dwellings approved under the previous planning application and, consequently, its relationship with the neighbouring ‘Chandos’ will be similar to that of the approved dwelling. The proposed house is shown to be sited approximately 12.0 metres from the southern corner of the rear garden at ‘Chandos’ and some 35.0 metres from the dwelling itself. These are considered sufficiently generous to address any possible overbearing issues and clearly comply with the Council’s privacy guidelines with respect to overlooking. The dwelling at plot two is shown to be sited approximately 46.0 metres from the rear elevation of ‘Chandos’ and would not overlook that property. It is evident from the layout plan that proposed dwellings are generally orientated to overlooking adjoining fields or each other (having regard to the Council’s privacy guidelines) rather than nearby/neighbouring occupiers.

8.13 The adjoining land (between the application site and the former Larkside) falls within ‘open countryside including the urban fringe’ as defined on the Proposals Map of adopted City of Cardiff Local Plan. Consequently, the development of this area for residential use will be considered contrary to current policy guidance.

8.14 The Operational Manager, Transportation has raised no objection to the proposed increase in number of dwellings at the site from two to three on highway safety grounds, subject to the provision of the frontage footway which was a requirement of the previous planning permission, and subject to appropriate conditions (2, 19, 20).

8.15 The proposed access onto Druidstone Road has been designed (and implemented) to accord with the requirements of the Operational Manager, Transportation who has previously sought to ensure that the driveway width be a minimum of 4.5 metres wide for the first 5.0 metres from the highway. This is to provide sufficient room for a vehicle to wait clear of the carriageway in the event that another vehicle is seeking to exist the driveway. The applicant has submitted a further layout plan and photographs showing two cars within this location to clarify that the highway officer’s requirements have been exceeded.

8.16 The Ecologist advises that the hedgerows in this area have a very high potential for dormice and that the connectivity of the hedgerows is essential in maintaining the dormouse population as a whole. Having considered the

55 information submitted with this application, the Officer does not believe that the proposed works will affect dormice, noting that the hedges around the site are not be removed with plans to plant up gaps.

8.17 Disruption to amenity during building works can be addressed via environmental health legislation should unreasonable nuisance be occasioned. It does not form reasonable ground to refuse this application.

8.18 With respect to the issue of surface water drainage, the advice of the Operational Manager, Drainage Management is outlined in paragraph 5.4 of the report. The Officer has not objected to the application on drainage grounds, but recommends an appropriate condition 14, the details of which will need to be submitted to and approved by the local planning authority in consultation with Welsh Water/Dwr Cymru prior to the commencement of the proposed approved development.

8.19 On balance, and having regard to the extant planning permission for the development of two dwellings at the site, the proposed scheme is considered to be acceptable and is recommended for approval, subject to the attached conditions.

8.20 The September meeting of Planning Committee deferred the application to enable Officers to draft a reason for refusal based upon concerns that the proposed development would be inappropriate and out of character with the area.

8.21 The applicant has subsequently appealed on grounds of non-determination and, consequently, it is now for the Planning Inspectorate to determine this application. It is necessary, however, for the Planning Committee to resolve how it would have determined the application, had it been able to do so.

8.22 As instructed, the following reason is offered:

The proposed development by virtue of its design and massing is considered to represent a cramped and overdevelopment of the site in an area largely characterised by dwellings set within large plots. As such the proposal is considered to conflict with Policy 11 (Design and Aesthetic Quality) of the adopted City of Cardiff Local Plan and the Council’s Supplementary Planning Guidance : Infill Sites Design Guide (April, 2011).

8.22 Before debating this reason, Members of the Committee are respectfully reminded of the extant planning permission for the development of two large dwellings on the site (ref. 10/901/DCO) and that several planning permissions have been granted in recent years for additional dwellings within the large gardens of properties along Druidstone Road, as highlighted in paragraph 3.4 of this report. In particular, reference is drawn to the Larkrise development granted in 2007, situated some 130 metres west of the application site which is of similar density to the current application. Such comparisons would inevitably be made at appeal and officers would need to demonstrate harm caused by the current application, particularly where no such harm was

56 considered to be present when approving the scheme for two dwellings.

57 58 59 60 61 62 LOCAL MEMBER OBJECTION

COMMITTEE DATE: 12/10/2011

APPLICATION No. 11/1105/DCO APPLICATION DATE: 23/06/2011

ED: PENYLAN

APP: TYPE: Full Planning Permission

APPLICANT: Trustees Of Penylan House and Linc Cymru Limited LOCATION: PENYLAN HOUSE, PEN-Y-LAN ROAD, PENYLAN, CARDIFF, CF23 5YG PROPOSAL: PHASED DEMOLITION AND REDEVELOPMENT OF THE EXISTING NURSING AND RESIDENTIAL CARE HOME (USE CLASS C2) TO PROVIDE MODERN FACILITIES TOGETHER WITH ASSOCIATED GARDEN AREAS VEHICULAR AND PEDESTRIAN ACCESSES CAR PARKING BICYCLE STORAGE REFUSE STORAGE LANDSCAPING AND OTHER ANCILLARY USES AND ACTIVITIES ______

RECOMMENDATION 1: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under Section 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraphs 5.1, 5.4 and 8.9 of the Chief Officer Strategic Planning and Environment report planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. E1B Samples of Materials

3. The consent relates to the application as amended by the revised plans received on 13th September, 2011, attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

4. The translucent glass blocks at first and second floor level within the southern elevation serving the lounge/dinning room shall be non opening and glazed with obscure glass and thereafter be so maintained. Reason: To ensure that the privacy of adjoining occupiers is protected.

5. F7Q Kitchen Extraction

6. E7S Details of Refuse Storage

7. G7G Plant Noise

8. Prior to commencement of development a scheme shall be submitted to

63 and approved in writing by the Local Planning Authority to provide that all habitable rooms exposed to external road traffic noise in excess of 63 dBA Leq 16 hour [free field] during the day [07.00 to 23.00 hours] or 57 dBA Leq 8 hour [free field] at night [23.00 to 07.00 hours] shall be subject to sound insulation measures to ensure that all such rooms achieve an internal noise level of 40 dBA 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. Each ventilation unit (with air filter in position), by itself or with an integral air supply duct and cowl (or grille), shall be capable of giving variable ventilation rates ranging from – (1) an upper rate of not less than 37 litres per second against a back pressure of 10 newtons per square metre and not less than 31 litres per second against a back pressure of 30 newtons per square metre, to (2) a lower rate of between 10 and 17 litres per second against zero back pressure. No habitable room shall be occupied until the approved sound insulation and ventilation measures have been installed in that room. Any private open space (excepting terraces or balconies to any apartment) shall be designed to provide an area which is at least 50% of the area for sitting out where the maximum day time noise level does not exceed 55 dBA Leq 16 hour [free field]. Reason: To ensure that the amenities of future occupiers are protected.

9. C2N Drainage details

10. Details submitted in discharge of condition 9 shall incorporate ground permeability tests to determine if ground conditions are suitable for the use of soakaways. Reason: To ensure an orderly form of development

11. Unless otherwise agreed in writing with the local planning authority, no development shall take place that does not accord with the submitted Jerry Ross Arboricultural Consultancy Arboricultural Method Statement dated 20th September, which was received on 28th September, 2011, and the Jerry Ross Arboricultural Consultancy phase 1 and 2 Tree Impact and protection plans dated 7th September, 2011. Reason: The trees are of value in the local environment and should be protected and maintained in the interests of visual amenity.

12. The tree protection barriers and fencing as detailed in the Jerry Ross Arboricultural Consultancy Arboricultural Method Statement dated 20th September and received on 28th September, 2011, along with that shown on the Jerry Ross Arboricultural Consultancy Phase 1 and 2 Tree Impact and Protection Plans dated 7th September, 2011, shall be fully compliant with the specifications detailed in British Standard 5837.2005, unless otherwise agreed in writing by the local planning authority. Reason: The trees are of value in the local environment and should be protected and maintained in the interests of visual amenity.

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13. F4D Details of tree planting

14. All planting, seeding, turfing or paved areas comprised in the approved landscaping scheme illustrated on drawing number TDA.1827.01 received on 13th September 2011 shall be carried out in the first planting and seeding season following the occupation of the building or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, or are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation. Reason: To maintain and improve the appearance of the area in the interests of visual amenity.

15. C5A Construction of Site Enclosure

16. C3S Cycle Parking

17. Prior to each phase of the development a scheme of construction management shall be submitted to and approved by the Local Planning Authority. This scheme shall include details of how the existing Home will continue to operate whilst the construction is taking place together with construction traffic routes, site access, parking of contractor’s and also staff/visitors’ vehicles, and wheel washing facilities. The development construction of the relevant phase shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety, public amenity, to prevent overspill parking on the highway, and to avoid conflict situations construction work and staff/visitors attending the site.

18. E3D Retain Parking Within Site

19. C1J BREEAM - Stan Overarch Con Post 11/12/10

20. C1K BREEAM - Pre-ComCon Post 11/12/10

21. C1L BREEAM - Post Construc Con Post 11/12/10

RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

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RECOMMENDATION 3: The applicant is advised to contact the Operational Manager, Street Operations with a view to securing the necessary licence under the relevant section of the Highways Act 1980 prior to entering onto and utilising any part of the adopted highway in order to implement this planning permission.

RECOMMENDATION 4: The applicant should be advised to contact the Council's Travel Plan Co-ordinator to discuss the implementation of a Travel Plan in relation to the development.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 This application seeks full planning permission for the phased demolition and redevelopment of the existing nursing and residential care home known as Penylan House, Penylan Road.

1.2 The redevelopment of the site will increase the number of beds from the existing level of 49 rooms to a total of 73. This increase in care provision will be facilitated by an increase in gross internal floor space from the existing 2,388sqm to 3,733sqm. The redeveloped nursing and residential care home will be supplemented by increased car parking provision from 10 to 23 spaces (4 of which will be dedicated disabled use).

1.3 The development comprises 73 en-suite single bedrooms in five wings, two for EMI (Elderly, Mentally Infirm) residents and 3 general nursing needs. Communal lounges and dining rooms are provided for each wing, and there is an additional communal lounge at ground floor level for social events. Ancillary accommodation including a general kitchen, a kosher kitchen, laundry, plant and staff facilities is also provided.

1.4 The development comprises a single building in three storeys with a pitched roof. The building is to be built in two phases, and is designed so that the first phase is located to enable part of the existing home to remain operational while other phases are being built, with the first new build phase being capable of independent operation when completed.

1.5 The completed building will measure 19m wide with phase 1 measuring 42.5m long and phase 2 measuring 34m long. The development will measure between 7.8 – 9.7m to eaves with ridge heights between 11.2 – 14.4m. Windows will be installed within all elevations at ground, first and second floor. Solar panels will be included on part of the roof planes. In regards to levels, the floor level of phase 1 will be almost identical to the existing building with the floor level of phase 2 being approximately 200mm higher than the current ground level.

1.6 The proposed building is characterised by the use of gables, projecting bays, steeply sloping roofs and openings with a vertical emphasis to their overall shape. Self coloured light cream render and red facing brick are the main finishes to the elevations, accented with self coloured terracotta render and

66 terracotta coloured rain screen cladding to feature areas. The facing brickwork is used throughout the ground floor areas and in several zones between bays taken up to second floor level

1.7 The proposal involves the provision of some open space for residents, mainly to the west of the site. There is a separate, enclosed section for EMI residents.

1.8 Vehicular access to the site will be retained via the existing access off Penylan Road. The existing brick wall flanking the vehicular entrance will be re-built using red brick to match the new building proposed. The wall will be re-instated to the same dimensions as the existing wall.

1.9 The BREEAM Pre-Assessment submitted details that the proposed design of the building could provisionally achieve a ‘Very Good’ rating of 66.37%.

1.10 The design has had to allow for a range of particular requirement of the current operator primarily in relation to the need to respect the needs of Jewish residents in catering, worship and social facilities, and in planning to suit a phased completion.

1.11 The application has been accompanied by a Site Investigation Report, Tree Survey and Assessment, Tree Constraints Plan, Ecological Appraisal Report, Bat Survey, Environmental Noise Survey, Transport Statement, Flood Consequence Assessment, BREEAM pre-assessment and a Design and Access Statement.

1.12 For the purposes of constructing the replacement building, the applicant wishes to utilise a section of the adopted highway verge adjacent to Eastern Avenue (A48) to the north of the site. This work is also subject to the applicant gaining an appropriate licence from the highway authority. The works involve the re-profiling of the banking/verge of the A48 to allow the construction of the development. The existing trees within this area are to be removed and replaced as necessary. An acoustic fence will be constructed where tree re- planting is not able to take place. The applicant has served notice on the highway authority under Article 6 of the Town and Country Planning (General Development Procedure) Order 1995.

1.13 A comprehensive landscaping plan has been submitted which illustrates the retention of the protected trees on site. In addition, further tree planting is proposed to compensate for any existing trees which will be lost. All proposed tree and hedge planting are native species. There is a large element of soft landscaping provided along with a separate garden for the EMI patients.

2. DESCRIPTION OF SITE

2.1 The application site is approximately 0.46 hectares (1.16 acres) and includes the existing Jewish nursing and residential care home as well as the associated garden areas, vehicular and pedestrian accesses, car parking and refuse storage.

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2.2 The site lies to the north-west of Penylan Road. It is bounded to the north by the embankment of Eastern Avenue (A48). To the east, the site is bounded by Penylan Road. The south of the site is bordered by the rear garden areas of the residential properties of Bronwydd Close.

2.3 The existing building comprises a two/three storey flat roof structure, together with a number of single storey annex buildings that are used for storage and parking. The built form is of a 1970s design and finished in predominantly red brick with flat roofs.

2.4 Vehicular access is off Penylan Road. Pedestrians use the same site access point, with a footpath entering alongside the vehicular drive. Car parking is provided along the drive leading from the site entrance to the main building entrance and immediately south of the entrance point of the site. The site levels fall from north to south although the building floor plate is at a single un- stepped level.

2.5 Between the eastern face of the building and the road, the majority of the site is lawn, not generally used by residents; between the building and the southern boundary, the site is surfaced with access footpaths and paved areas, with grassed areas interspersed with trees and shrubs. Between the building and the western boundary is the main garden area available for use by residents, partially paved as a patio area. The northern wing of the building abuts the northern boundary.

2.6 There are a number of trees on site covered by the City of Cardiff (Penylan Area Stage 4) TPO. The tree stock is mainly distributed around the periphery of the property, with a prominent Corsican Pine tree sited to the east of the existing building fronting Penylan Road.

2.7 The neighbouring built form is generally traditional residential. Most of the nearby dwellings are detached or semi detached early to mid 20th century and mostly two storey.

3. SITE HISTORY

3.1 Planning permission 11/614/DCO – Portable building to provide additional office space during building works – approved May 2011

3.2 Planning permission 95/1154/W – Extension to dayroom and toilet – Approved September 1995

3.3 Planning permission 92/1906/W – Provision of 2 No. Portakabins at rear of building – Approved February 1993

3.4 Planning permission 89/1887/R – Treatment room extension – Approved October 1989

3.5 Planning permission 87/962/W – Office accommodation/internal alterations –

68 Approved August 1987

4. POLICY FRAMEWORK

4.1 The following National Planning Policies are of relevance to the determination of this application:

• Planning Policy Wales (Edition 4) February 2011 • Technical Advice Note 5: Nature Conservation and Planning (2009) • Technical Advice Note 12: Design (2009) • Technical Advice Note 15: Development and Flood Risk • Technical Advice Note 18: Transport (2007) • Technical Advice Note 22: Planning for Sustainable Buildings (2010)

4.2 The site is allocated as part of an area of existing housing on the City of Cardiff Local Plan Proposals Map.

4.2 The following Local Plan policies are of relevance to the determination of this application:

• Policy 11 (Design and Aesthetic Quality) • Policy 12 (Energy Efficient Design) • Policy 17 (Parking and Servicing Facilities) • Policy 18 (Provision for cyclists) • Policy 19 (Provision for pedestrians) • Policy 20 (Provision for Special Needs Groups)

4.3 The following policies from the deposit Unitary Development Plan (October 2003) are also of relevance:

• Policy 2.20 (Good Design) • Policy 2.24 (Residential Amenity) • Policy 2.45 (Trees, Woodland and Hedgerow) • Policy 2.57 (Access Circulation and Parking Requirements) • Policy 2.58 (Impact on Transport Networks) • Policy 2.74 (Provision for Waste Management Facilities in Development)

4.4 The following supplementary planning guidance is also of relevance:

• Cardiff Residential Design Guide (2008) • Infill Design Guide (2011) • Waste Collection and Storage Facilities (2007) • Open Space (2008) • Access, Circulation and Parking Requirements (2006) • Trees and Development (2007)

5. INTERNAL CONSULTEES RESPONSES

69 5.1 The Operational Manager (Transportation) notes that the proposals are considered satisfactory subject to conditions relating to the laying out and future retention of the proposed parking arrangement, and to the provision and future retention of a minimum of 2 cycle stands in order to encourage this mode of travel among staff/visitors. In addition as the proposed development is to take place in a number of phases in order to enable the Care Home to continue to operate during the on-going construction works a condition is necessary to ensure a construction management plan is submitted which will ensure the construction of each phase will not prejudice the highway safety of the nearby area. In principle the Operational Manager (Transportation) believes the general phasing of the development would appear to be acceptable. In addition, the Operational Manager (Transportation) suggests that due to the significant rise in staff and resident numbers a financial contribution of £3120 is required be secured by way of a legal agreement under Section 106 of the Town and Country Planning Act to ensure the provision of a bus boarder at the nearest bus stop on Penylan Road. This will encourage travel to and from the development by sustainable modes for staff and for visitors. A recommendation should also be attached on any permission advising the applicant to contact the Council’s Travel Plan Coordinator to discuss the implementation of a Travel Plan in relation to the development.

It is understood that for construction purposes the developer wishes to utilise, on a temporary basis, a section of the adopted highway verge adjacent to Eastern Avenue. This has been discussed between the applicant and the Operational Manager (Transportation) and has been agreed in principle, though the arrangement will need to formalised by means of an appropriate licence. In this regard a second recommendation advising the applicant of the need to liaise with the Operational Manager, Street Operations (Tony Jones, Brindley Road) with a view to securing the necessary licence under the relevant section of the Highways Act 1980 prior to entering onto and utilising any part of the adopted highway for this purpose would be advisable.

5.2 The Urban Design Officer notes:

Layout The position of the new building is further forward within the site than existing. This gives the property a greater presence and prominence onto Penylan Road. This can be considered as a positive feature in creating identity to the frontage of the site and there are examples to the South of the site where development more closely defines the site frontage within the street.

The proposed building is a three storey building with a pitched roof and replaces a flat roofed three storey structure. Whilst it was indicated in pre- application discussions that a three storey block would be acceptable in principle on this plot, in considering the detailed proposals, concern is expressed as to the proximity of the three storey element to the Bronwydd Close properties particularly given the elevated position of the site. The proposal is considered to conflict with guidance on scale and massing and privacy and amenity set out in the Infill Sites SPG. Opportunities to set the

70 property further off this boundary or to achieve some reduction in height at this point should be considered.

Character and appearance The DAS sets out the intention to design a building to be in keeping and sympathetic with the local, largely Edwardian, character whilst maintaining a contemporary element to the design rather than achieving a pastiche solution.

The use of gables, projecting bays, steeply sloping roofs and openings with a vertical emphasis does result in a building which reflects the key architectural elements of this local architectural style.

The element of the building most visible to Penylan Road is the projecting wing of the East elevation. This elevation presents a rather blank façade to the street, however it is recognised that opportunities for fenestration are limited due to layout of internal space as bathrooms and stairwells. It is noted that this elevation will be behind the retained cedar but the height of the crown means that much of the elevation will be visible. Opportunities to add further detail to this elevation should be considered.

The introduction of changes in materials for different elements of the façade serves to break up large areas of a single material and adds verticality and rhythm to the facades. The long roof slopes are in keeping with local characteristics and the addition of gable details adds variety at eaves level.

Materials The predominant materials of this proposal are self coloured light cream render and red facing brick with terracotta coloured render detail, rainscreen cladding detail and grey roof tiles. These are generally considered to be appropriate materials to respond to the local materials of the area. Whilst the rainscreen cladding is a more contemporary material, its use is considered acceptable subject to agreement on final finish and colour to ensure it is in keeping with the character of the area.

Boundaries The DAS sets out how existing railing and gates to the front boundary are to be retained within new flank walls with landscaping along this boundary re- enforcing the current boundary treatment – The provision of details for the boundary treatment should be conditioned to ensure they are in keeping with the character of the area.

External areas/access External areas are well laid out into several garden areas to provide practical functional spaces whilst maintaining the mature landscape enclosing the site. There is good, level pedestrian access into the site and around the entrance and parking areas.

Sustainability The BREEAM pre- asst report demonstrates that the building is likely to achieve BREEAM ‘very good’ with mandatory energy credits for ‘Excellent’

71 under ene1 category which satisfies the requirements for ‘sustainable buildings’ set out in national planning policy.

5.3 The Operational Manager (Housing Strategy – Enabling) notes that as the application is for the demolition and redevelopment of the Penylan Nursing and Residential Care Home (Use Class C2), Housing Strategy have no comments to make in planning terms. For clarification as the use class has been accepted as C2, with the units being non-self contained, the proposed scheme is not subject to the affordable housing policy.

5.4 The Operational Manager (Parks Services) comments that based on the number of rooms increasing from 49 to 73 a financial contribution of £10545 is deemed necessary towards public open space in the nearby area. The Operational Manager (Parks Services) notes that the landscape element is well considered and detailed. The protection of existing trees has been given a high priority and the combination of retained hedges and new planting ensure the development is well screened, which along with the other internal planting should provide an attractive internal environment for residents.

5.5 The Tree Preservation Officer has carefully considered the proposed landscaping scheme and has no objection subject to conditions relating to tree protection, tree planting and landscape maintenance. The scheme has been designed in order to retain the protected trees on site, particularly the large Pine tree to the front.

5.6 The Operational Manager (Pollution Control) has no objection to the scheme or the proposed works to the adopted highway verge subject to conditions regarding road traffic noise, plant noise and kitchen extraction along with a recommendation regarding construction site noise.

5.7 The Operational Manager (Drainage) has no objection subject to a condition requiring sustainable drainage techniques to be utilised.

6. EXTERNAL CONSULTEES RESPONSES

6.1 Western Power Distribution has no objection to the proposal.

6.2 The Environment Agency has no objection to the scheme

6.3 Welsh Water has no objection subject to a details drainage condition being imposed on any permission granted.

6.4 The Crime Prevention Design Advisor has no objection to the scheme.

7. REPRESENTATIONS

7.1 The application has been advertised by way of a site notice and press notice.

7.2 Local Members have been consulted and Councillors W. Kelloway and F. Salway note that they have been contacted by the occupier of 7 Bronwydd

72 Close who objects to the above application because the proposed building would be nearer to her boundary than the existing building and it will be significantly higher than the existing building. The resident feels that the proposed development will have a significant dominating and overbearing effect on her own property and garden and that it will be detrimental to her amenity in that it will interfere with the quiet enjoyment of her property. The resident is also concerned that the dining area and food preparation area, together with the part of the development that will house residents with EMI symptoms will also be situated near to the bottom of her garden and that each one of these uses has the potential to generate noise that will also impact adversely upon the quiet enjoyment of her property as is presently the case with these aspects of the existing building - which is currently further from her home.

Councillors Kelloway and Salway have examined the plans and elevations of the proposed building and are able to confirm that the height and massing of the building will be greater and it will be nearer to the rear of properties at 7 - 9 Bronwydd Close. Councillors Kelloway and Salway are of the opinion that the potential for domination and increased disturbance to properties in Bronwydd Close is, therefore, greater and, whilst they would not wish to object to the entire development they have asked that the applicant be asked to consider modifying the part of the proposed development that has the greatest adverse impact upon properties in Bronwydd Close. If the applicant is not minded to revisit this aspect of the design, then they object to the application in its entirety.

Councillors Kelloway and Salway also request that the members of the Planning Committee carry out a site visit, in order to assess first hand the likely impact on properties adjoining the site, before they determine this planning application.

7.3 The occupier of 7 Bronwydd Close object to the proposal for the following reasons:

• The present building which is set significantly further back from their garden than the proposed new build of phase 2 is approximately 8m high on a bank about 1.5m high. The new build of phase 2 is approximately 14.5m high on a 1.5m high bank and is significantly close to 7 Bronwydd Close. The building in these proportions is without a doubt overbearing and the proximity, design and height will impose on their quality of life and privacy within their home and garden. • The windows of the proposed building will directly overlook their property (including habitable rooms). • There is no planting of trees planned for the area between 7 Bronwydd Close and the proposed phase 2 which means that the building would remain exposed. • There will be significant impact from noise during the build which is expected to last 3 years. • The noise from the completed building will also have an impact. Three dining areas within such close proximity to their home would be very

73 noisy. There would also be more activity in this part of the building due to the EMI section being positioned within the section of the building nearest to their home. • The proposed works will increase the capacity of the building which will lead to more car parking. It would be dangerous if people started parking on Penylan Hill. • As the sun rises in the position of the proposed phase 2 of the home it will significantly impact on the quality of light to their home and garden. There are rules regarding building and the quality of light and air on the Bronwydd Estate. • To overcome their concerns they suggest that the proposal should be: o Set further back by reducing some of the capacity o Reduced in height by at least 1 floor o Re-design phase 2 to take into considered the overbearing size of the building

7.4 Local Members and neighbours have been consulted on the amended plans. Any further comments will be reported to Planning Committee.

8. ANALYSIS

8.1 Following discussion between the applicant and the Local Planning Authority, the scheme has been amended. The overall footprint of the proposed building (phase 2) was reduced. The western part of the phase 2 has been modified in order to move it a further 2.4m away from the site’s southern boundary and the eaves level of this part of the building has been reduced in height by 900mm. In addition a proposed gable feature has been lost from the southern elevation nearest to Bronwydd Close in an attempt to reduce its massing in this location.

8.2 The main consideration is the effect of the proposal upon the character and appearance of the area, the living conditions of neighbouring occupiers and highway safety/car parking.

8.3 Although the site is not located in a Conservation Area, it is clear that the locality has a strong, established and generally attractive architectural character. The design of the proposal takes into consideration the important factors of access, parking, massing, height, materials and design of the area. The traditional approach reflects the character of the neighbouring buildings. The urban design officer raises no objection to the design and appearance of the scheme and is of the opinion that the proposal reflects the key architectural elements of the local architectural style. The use of a pitched roof and gables, along with the building being sited further forward within the plot than the existing structure will result in a development which is of more architectural merit than the existing and better reflects the surrounding character. The proposed materials, although some are contemporary in nature, are considered acceptable and help to break up the main façade of the building. Conditions would be required to ensure samples of materials are approved by the Local Planning Authority prior to the commencement of development. The comments regarding the eastern elevation are noted,

74 however the protected tree (ref T1 within Tree Survey) sited to the east of phase 2 and the internal arrangement of the building limits the scope for different elevational treatment than that proposed. On balance it is considered that the proposal is acceptable and contributes positively to the overall character and appearance of the area.

8.4 A key issue which drove the design and siting of the scheme was the presence of protected trees on site. It is noted that all protected trees on site remain, in particular the large Pine (Tree T1 within the Tree Survey) sited near to the Penylan Road frontage. This tree is well established and is of significant visual and environmental importance within the area and its retention drove the siting of the proposed structure. Arboricultural Method Statements have been provided which outline the nature of the demolition, construction and hard surfacing works which will take place within the root protection areas of these protected trees and in particular the large Pine tree. The tree preservation officer is satisfied that all protected trees will be retained on site and that the level of hard and soft landscaping along with compensatory tree planting is acceptable and will help form an inclusive design. The Operational Manager (Parks Services) also confirms that the landscaping is acceptable and will provide a satisfactory garden space for the future occupiers of the development. Conditions are deemed necessary to protect the trees, ensure acceptable tree planting and maintenance of landscaping.

8.5 In response to the concerns raised by the occupier of 7 Bronwydd Close, Local Members and the urban design officer the applicant has amended the scheme. In summary, the overall footprint of the proposed building has been reduced. The western part of phase 2 has been modified in order to move it a further 2.4m away from the sites southern boundary with No. 7 Bronwydd Close. The development will now be sited approximately 8.2 – 9.4m to the north of 7 Bronwydd Close The eaves of the part of the building nearest to 7 Bronwydd Close has been lowered by 900mm and a gable design feature has been lost to allow the roof of this part of the building to hip away from the southern boundary therefore reducing its bulk and massing when viewed by the occupiers of 7 Bronwydd Close. Subject to the amended plans, it is officer’s opinion that the proposed building is sited sufficient distances away from neighbouring boundaries and properties so as not to be considered overbearing or un-neighbourly. In addition, the proposed structure is sited to the north of Bronwydd Close and therefore will not prejudice any direct sunlight currently experienced by these neighbours to a degree to warrant a refusal of planning permission. Neighbours and Local Members have been consulted on the amended plans and any further correspondence received will be reported to planning committee.

8.6 In addition to the amendments to the structure of phase 2, all windows serving the proposed lounge/dining areas have been removed from the southern elevation that is within 10.5 metres of the southern boundary of the site. Furthermore it is noted that any windows within the southern elevation are at an approximate 30º angle to the southern boundary of the site. It is officer’s opinion that this amendment will avoid any potential overlooking of adjoining rear garden areas of the dwellings within Bronwydd Close and complies with

75 the advice regarding privacy in both the Residential Design Guide and the Infill Design Guide. In order to replace some of the natural light lost by the removal of these windows, a glass block panel has been introduced within the southern elevation of the lounge at each level. These panels allow a level of light transmittance but by their obscure nature they do not permit a view through them and therefore do not impact upon privacy of neighbours. A condition will ensure that this will be the case.

8.7 The Operational Manager (Transportation) has been involved in on-going discussion with the applicant from a pre-application stage. The proposed development is not considered to prejudice the highway safety of the surrounding area. Despite an increase in capacity, the proposed car parking is considered acceptable in regards to the guidance contained within the Access, Circulation and Parking Requirements: SPG and it is not considered that the proposal will generate overspill car parking on Penylan Road. The works to the adopted highway verge along Eastern Ave have been agreed in principle between the applicant and the Operational Manager (Transportation). The re-grading of the banking/verge to accommodate the building requires planning permission and has therefore been included as part of this application. Should any trees be removed, compensatory planting and/or an acoustic fence would be erected. These works would be subject to the applicant securing a separate licence from the Councils Highways Authority.

8.8 In regards to the works to the highway verge, the Operational Manager (Pollution Control) has no objection as to how this may impact on the amenities of the future occupiers of the proposal in regards to road traffic noise. Condition 8 will ensure that all windows serving habitable rooms facing Eastern Avenue will be glazed with specific windows which will ensure that any road traffic noise will not impact on the living conditions of any future occupier. In addition, other conditions regarding plant noise and kitchen extraction will ensure that neighbours and future occupiers will not be disturbed by excessive noise or smells from the development.

8.9 The Operational Manager (Parks Services) has requested that a financial contribution of £10545 be provided by the applicant which will be used for open space within the nearby area. In addition, the Operational Manager (Transportation) has requested a contribution of £3120 to fund a bus border at the nearest bus stop to the development. The applicant has agreed to these contributions which could be sought by way of a legal agreement under Section 106 of the Town and Country Planning Act.

8.10 All other technical consultees, both internal and external have no objection to the scheme subject to certain conditions.

8.11 In regards to the comments made by neighbours which are not covered above, the following points should be considered:

• Should neighbours experience any nuisance caused by noise during construction or operation of the proposal, they should contact the

76 Operational Manager (Pollution Control) for his team to investigate the matter. • The suggestions made by the occupier of No. 7 Bronwydd Close were noted and it is considered that the amended plans received from the applicant overcome any concerns officers had regarding the impact of the proposal upon the amenities of neighbours to the south. On balance it is considered that the proposal will not prejudice the living conditions of neighbours to a degree to warrant a refusal of planning permission. • The landscaping scheme has been revised to include additional tree planting along the southern boundary of the site, to the rear of 7 Bronwydd Close in order to provide some natural screening of the development. This additional planting involves a native hedge and two additional trees.

8.12 Planning permission is recommended subject to conditions and an agreement under Section 106 of the Town and Country Planning Act.

77 78 79 80 81 LOCAL MEMBER OBJECTION

COMMITTEE DATE: 12/10/2011

APPLICATION No. 11/1221/DCO APPLICATION DATE: 13/07/2011

ED: LLANDAFF NORTH

APP: TYPE: Full Planning Permission

APPLICANT: Mrs Michelle Hartley LOCATION: FORMER COW & SNUFFERS, GABALFA ROAD, LLANDAFF NORTH, CARDIFF, CF14 2JH PROPOSAL: CONVERSION OF THE COW AND SNUFFERS PUBLIC HOUSE INTO 5NO FLATS ______

RECOMMENDATION 1: entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraph 8.6 of the Chief City Development Officer's report planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. The consent relates to the application as amended by the revised plans numbered 631/PA/05D, 06D, 07D, 08D and 09D attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

3. The refuse storage facilities hereby approved shall be provided before the development is brought into beneficial use and shall be thereafter retained for future use. Reason: To secure an orderly form of development and to protect the amenities of the area.

4. The cycle parking spaces hereby approved shall be implemented prior to the development being put into beneficial use. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the secure parking of cycles.

5. C4P Landscaping Design & Implementation Pro

6. C4R Landscaping Implementation

7. D7Z Contaminated materials

8. E7Z Imported Aggregates

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9. C2N Drainage details

10. C5A Construction of Site Enclosure

11. Prior to the commencement of development, details of the 3 no. sets of gates shown on drawing no. 631/PA/09D serving the pedestrian access shall be submitted to and approved in writing by the local planning authority. The gates shall be constructed in accordance with the approved details prior to the beneficial occupation of the first dwelling unit and retained thereafter. Reason: To ensure a satisfactory form of development.

RECOMMENDATION 2: That the applicant be advised to obtain the consent of the Operational Manager, Transport, Strategy and Projects prior to stopping up the existing access onto Gabalfa Road and reinstating it to full footway use.

RECOMMENDATION 3: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

RECOMMENDATION 4: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

(i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and

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(iii) the safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 Full planning permission is sought for the conversion of the former Cow and Snuffers Public House on Gabalfa Road, Llandaff North into 5 no. flats (4 no. 2 bedroom flats and 1 no. 3 bed flat).

1.2 Flat No. 3 would be sited at the rear in the converted single-storey extension (former skittle alley) and would receive a private amenity area. No private amenity space is provided for Flats 1, 2, 4 and 5.

1.3 Defensible planting space is proposed to the side of Flat 1 and the front of Flat 2, where they front onto the access lane.

1.4 No off-street parking provision would be provided, however 12 no. cycle parking spaces are proposed within a secure structure.

1.5 A communal refuse storage area would be provided within the single-storey part of the original building.

1.6 A design and access statement has been submitted with the application.

2. DESCRIPTION OF SITE

2.1 The Cow and Snuffers Public House ceased trading in July 2010 and has remained vacant since its closure. The building is locally listed.

2.2 The rear of the site is accessed via a side access lane which leads to an area formerly utilised as a beer garden and smoking area. Two access paths lead from this area to Gabalfa Avenue; these paths are overgrown, subject to fly tipping and appear to be unused.

2.3 The site is surrounded on all sides by neighbouring residential properties. Neighbouring properties on Gabalfa Road have access rights onto this former beer garden and access lane.

2.4 The site is generally flat and level.

84 3. SITE HISTORY

3.1 11/00648/DCO: Permission sought in April 2011 for conversion of the Cow & Snuffers into 7 no. flats. Withdrawn prior to determination in June 2011.

3.2 93/1375/W: Permission granted in December 1993 for the re-erection of a skittle alley.

3.3 87/00136: Boundary wall and staircase.

3.4 12811: Alterations

3.5 00085: Redevelopment plan

4. POLICY FRAMEWORK

4.1 Planning Policy Wales, 4th Edition (February 2011) is relevant.

4.2 The following Policies from the South Glamorgan (Cardiff Area) Replacement Structure Plan 1991 – 2011 (April 1997) are relevant:

EV1 Towards Sustainable Development EV2 Urban Regeneration MV1 Location of New Developments MV2 Commuted Payments MV13 Equality of Access H7 Enhancement and Conversion B1 Conservation of the Built Environment B2 Improvement of Environmental Quality

4.2 The following policies of the City of Cardiff Local Plan (January 1996) are relevant:

11 Design and Aesthetic Quality 17 Parking and Servicing Facilities 18 Provision for Cyclists 19 Provision for Pedestrians 20 Provision for Special Needs Groups

4.3 The following Policies from the deposit Unitary Development Plan (October 2003) are also relevant:

1A General Principles for the Location of Development 1B Achieving Good Design 1D Homes and Community Facilities 1I The Historic Environment 1K Movement and Transport Priorities 1N Car Parking 2.20 Good Design 2.21 Change of Use or Redevelopment to Residential Use

85 2.24 Residential Amenity 2.52 Locally Listed Buildings 2.57 Access, Circulation and Parking Requirements 2.74 Provision for Waste Management Facilities in Development

4.4 Relevant Supplementary Planning Guidance documents:

Access, Circulation and Parking Standards (January 2010) Developer Contributions for Transport (January 2010) Waste Collection and Storage Facilities (March 2007)

5. INTERNAL CONSULTEES RESPONSES

5.1 The Operational Manager, Transportation has no objection to the proposed development which contains no off-street car parking and advises that provision of 12 no. cycles parking spaces (i.e. approximately 1 no. space per bedroom) in a secure, lockable structure, will be sufficient. In view of the lack of off-street parking within the development, he considers that a greater emphasis will be placed on public transport facilities in the area. Being mindful of this, he requests that a financial contribution of £3,196 be secured via a Section 106 Agreement to provide a crime camera in a bus shelter directly outside the application site.

5.2 The Operational Manager, Waste Management considers that the proposed waste and recycling facilities are acceptable. He advises that the developer be informed that access paths to the kerbside for collection should be at least 1.5 metres wide, clear of obstruction, and of smooth surface with no steps.

5.3 The Operational Manager, Environment (Contaminated Land) has no objection subject to conditions on imported soils and aggregates and an advisory notice on contaminated and unstable land.

5.4 The Operational Manager, Drainage Division, considers that the development would not result in an increase in hard surface areas, which he assumes currently drain into the existing system. He has no objection however he recommends that Welsh Water be consulted on the proposals.

5.5 The Operational Manager, Environment (Noise & Air) has no objections and recommends an advisory note relating to construction site noise be attached to any permission that may be granted.

6. EXTERNAL CONSULTEES RESPONSES

6.1 Welsh Water recommends that conditions relating to drainage be attached to any permission that is granted.

7. REPRESENTATIONS

7.1 Local Members have been consulted. Councillor A Rowland-James requests that Planning Committee undertake a site visit and, together with Councillor J

86 Hooper, supports the neighbouring occupiers in respect of their land and health and safety issues.

7.2 Julie Morgan AM advises that, whilst the site constitutes brownfield development, there is significant concern that the development will increase parking pressures in this area. She also expresses concern that rights of way for refuse will be impeded. To overcome her parking concerns she recommends that any permission be subject to a Section 106 Agreement preventing residents of the refurbished building from applying for a local resident permit. She also advises that, contrary to the agent’s assertion that the parking pressure would be no greater than the former use, the development will increase competition for limited resident parking in the vicinity. Finally, she requests that the Committee carry out a site visit.

7.3 Local residents have been re-consulted on the amended plans. 4 no. individual letters of objection have been received from the occupiers of 3 and 7 Gabalfa Road, and 11 Andrews Road, plus an un-addressed email. Their objections are summarised as follows:

(i) Infringement on covenanted right of way to the rear of properties on Gabalfa Road from landscaping areas and gated access; (ii) Depreciation in property values; (iii) No off-street parking provision leading to parking and congestion problems in the vicinity; (iv) Invasion of privacy through overlooking; (v) Increase in noise and pollution; (vi) Footway to Gabalfa Road is narrow and would be further impeded by development; (vii) No construction materials would be near their home; (viii) Development is not required; (ix) A site visit by Committee Members will be beneficial; and (x) Concern at loss of the existing building;

8. ANALYSIS

8.1 The key issues for consideration of this application are the design and appearance of the proposals, transportation issues, impact upon residential amenity, restrictive covenants and objections from neighbouring occupiers.

8.2 The building was added to the local list in 1997 and is primarily concerned with the three-storey main building; the later additions to the rear are not mentioned or considered to be historically significant.

8.3 The existing building has remained vacant since the former Cow & Snuffers public house ceased trading in July 2010. Whilst the loss of a valuable community asset is regrettable, it is noted that there are 3 no. existing public houses which still operate in Llandaff North. Therefore, the loss of the existing use to residential is not considered to result in significant harm to the local community.

87 8.4 It is noted that the proposed conversion would retain the original features to the front elevation including the stonework and timber. The sensitive restoration of this building of local interest would be a benefit and is considered to be a positive aspect of the proposals.

8.5 The addition of rooflights to the original building and the single-storey rear annexe are considered to be sensitive in their size and positioning and would improve the living conditions of the proposed units.

8.6 In respect of access and parking arrangements, the Operational Manager, Transportation, is willing to accept no off-street car parking in this instance, being mindful of the previous use, the site’s location being well served by public transport, and the applicant’s willingness to enter into a Section 106 Agreement to secure £3,196 towards public transport enhancements within the vicinity of the site.

8.7 The amended proposals are considered to result in an improved design solution which overcomes previous concerns held by officers. The allocation of the entire amenity space at the rear of the site to the sole ownership of Flat 3 is considered to be an improvement in the workings of this space, ensuring that the amenities of this largely single-aspect unit are protected. Whilst the remaining 4 no. flats would not receive any amenity space on site, it should be noted that the site is located a short distance from the nearby Taff Trail and Hailey Park open space. This is considered to be acceptable.

8.8 The reduction to 5 no. units also ensures that the potential conflict between users of the access lane and occupiers of Flats 2 and 3 are minimised. Both of these flats now have dual aspects, and together with the introduction of defensible space along the access lane, would ensure a satisfactory living environment is created for future occupiers of these units.

8.9 The relocation of the refuse storage facility and cycle storage facility closer to the adopted highway is also a benefit which is accepted by the Operational Manager, Waste Management, and the Operational Manager, Transportation.

8.10 The proposed conversion would create bedroom windows at first floor level facing towards the rear garden of 3 Gabalfa Road, by re-using existing openings previously used for a kitchen and bedroom in the former manager’s flat. Although these windows are a sub-standard distance from this neighbouring occupier, the relationship is not considered to be objectionable, mindful of the previous use (which could be reinstated without the need for planning permission).

8.11 A number of objections have been received from local residents, supported by Local Councillors and Julie Morgan AM regarding the legal covenants granting properties on Gabalfa Road access rights along the lane. The proposals would not stop up this access lane, which would remain in use. In any event, any restrictive covenants on the site are matters that must be pursued under separate legislation; this application must be determined on its own planning merits.

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8.12 In respect of other neighbour objections which have not already been addressed in this analysis:

(i) depreciation in property values are not a planning consideration; (ii) it is not considered that the proposed use would result in increased noise and pollution above that previously generated by the former public house. The applicant is reminded of the permitted hours of construction (see recommendation 3); (iii) demand for the development is not a planning matter; this application must be determined in accordance with normal procedures; and (iv) the request for a site visit is noted.

8.13 Councillors A Rowland-James and J Hooper, together with Julie Morgan AM request that Planning Committee undertake a site visit prior to the determination of this application.

8.14 In conclusion, the amended proposals are considered to result in an improved design solution for the effective restoration and preservation of the existing locally listed building. The proposals are considered to create a satisfactory relationship with neighbouring properties. The site is well served by public transport and the completion of a legal agreement to secure provision of improved public transport facilities in the vicinity of the site outweighs against the lack of off-street parking. It is recommended that permission be granted subject to relevant conditions and the completion of a Section 106 Agreement to secure the contribution detailed in paragraph 8.6.

89 90 91 92 93 94 LOCAL MEMBER OBJECTION AND PETITION

COMMITTEE DATE: 12/10/2011

APPLICATION No. 11/1222/DCO APPLICATION DATE: 13/07/2011

ED: RHIWBINA

APP: TYPE: Full Planning Permission

APPLICANT: Jonwain Limited LOCATION: LAND ADJACENT TO 6 HEOL-Y-NANT, RHIWBINA, CARDIFF, CF14 6BS PROPOSAL: PROPOSED CONSTRUCTION OF A FOUR BED DWELLING

______

RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. D3D Maintenance of Parking Within Site

3. C2N Drainage details

4. Details submitted in discharge of condition 3 shall incorporate ground permeability tests to determine if ground conditions are suitable for the use of soakaways. Reason: To ensure an orderly form of development

5. C7S Details of Refuse Storage

6. C5A Construction of Site Enclosure

7. E7Z Imported Aggregates

8. C2H No Structures Within Curtilage

9. This consent relates to the application as supplemented by the streetscape received from the agent on 28th July 2011. Reason: The information provided forms part of the application

10. The first floor windows on the rear and side (south) elevations and the ground floor windows on the side (north) elevation shall be non opening below a height of 1.8 metres above internal floor level and glazed with obscure glass and thereafter be so maintained. Reason : To ensure that the privacy of adjoining occupiers is protected.

11. Notwithstanding the provisions of the Town and Country Planning

95 (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order no windows shall be inserted in the rear or both side elevations apart from those windows hereby approved. Reason : To ensure that the privacy of adjoining occupiers is protected.

12. E1B Samples of Materials

13. The dwelling shall achieve a minimum of Level 3 of the Code for Sustainable Homes. No dwelling shall be occupied until a final Code Certificate has been issued for that dwelling certifying that Code Level 3 has been achieved. On issue of the Code Certificate a copy shall be submitted to the Local Planning Authority. Reason: In the interests of promoting sustainable building design, to reduce carbon emissions and greenhouse gases arising from development, to assist in mitigating against the affects of climate change, in accordance with paragraph 4.11.4 of PPW Edition 3 (July 2010).

RECOMMENDATION 2: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

(i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and

(iii) the safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

The local planning authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

96 RECOMMENDATION 3: The applicant should be advised to contact the Operational Manager (Street Operations) in order to discuss any works within the adopted highway.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 Planning permission is sought for the construction of a four bed dwelling at land adjacent to 6 Heol Y Nant. The dwelling will measure 5.9 metres wide, 9.8 metres deep, 5.3 metres to eaves with a maximum height of 8.5 metres. The dwelling will be finished in render with a slate roof. Windows are provided within the front and rear at ground and first floor with a ground floor obscure window and two rooflights within the northern elevation and a first floor obscure window and four roof lights within the southern elevation.

1.2 One off road car parking space will be provided to the front of the dwelling. Levels on site will not be altered by the scheme. A 1.5m high timber fence will be erected along the boundary of the new plot and the existing plot at No. 6. The existing boundaries to the rear and south will be retained.

1.3 The application has been supplemented by a streetscape which illustrates that the eaves and ridge of the dwelling will be identical in height to No 6 Heol Y Nant, the neighbouring property to the north.

2. DESCRIPTION OF SITE

2.1 The application site is the side garden of 6 Heol Y Nant. The site is laid to grass with some mature shrubbery to the side and rear. The boundary enclosures consist of brick walls and privet hedging.

2.2 The application site is within a residential area. To the west is a fire station. The houses in the immediate surrounding area are two storey and a mix of semi detached and terraced dwellings. The plots immediately to the south are pitched roof semis with a small row of terraces to the north with a unique gable design.

3. SITE HISTORY

3.1 Planning Application 11/1058/DCO – Four Bedroom Dwelling – Withdrawn 14th July 2011

4. POLICY FRAMEWORK

4.1 The site lies within an existing area of housing, as defined in the adopted City of Cardiff Local Plan (January 1996). The following Local Plan policy is relevant:

11 (Design and Aesthetic Quality) 17 (Parking and Servicing Facilities)

4.3 The following policies from the deposit Unitary Development Plan (October

97 2003) are of relevance:

2.20 (Good Design) 2.24 (Residential Amenity) 2.57 (Access, Circulation and Parking Requirements)

4.4 The following Supplementary Planning Guidance is of relevance:

Access, Circulation and Parking Requirements (2006) Cardiff Residential Guide (2008) Infill Design Guide (2011)

5. INTERNAL CONSULTEES RESPONSES

5.1 The Operational Manager (Transportation) has no objection to the scheme subject to condition 2.

5.2 The Urban Design Officer notes:

The principle of the development of this site is considered acceptable from a design perspective. The proposed dwelling would be positioned between a small row of terraced properties and a pair of semi-detached dwellings. The two properties immediately neighbouring the site have differing roof forms, though each have roof slopes facing the application site. As such the simple roof form proposed would provide a degree of balance between the neighbouring dwellings and consistency in the roofline along the street. The proposed roof is therefore considered acceptable from a design perspective.

In order that the proposal forms a natural addition to the existing streetscene it is important that the eaves and ridge height of the dwelling are consistent with that of the neighbouring dwellings and that the dwelling is positioned on the same building line.

The proposed development includes the removal of part of the front garden and the majority of the existing boundary treatment of the property to allow for the provision of an off street parking space. Attention should subsequently be paid into ensuring that a suitable level and quality of boundary treatment is retained and / or provided in order to ensure the scheme does not appear to car dominated from within the street.

Given the constraints of the application site it is important that the proposed development creates little adverse impact on the residential amenity of the occupiers of the neighbouring dwellings. The dwelling should also provide a suitable environment for future occupiers in terms of issues such as the levels of light it would receive and quality of the amenity space provision.

5.3 The Operational Manager (Drainage) has no objection subject to conditions 3 and 4.

5.4 The Operational Manager (Pollution Control) has no objection subject to a

98 condition regarding imported aggregates (condition 7) and a recommendation provided advice on contaminated land.

5.5 The Operational Manager (Waste Management) has no objection to the proposal.

6. EXTERNAL CONSULTEES RESPONSES

6.1 Welsh Water has no objection subject to condition 3.

7. REPRESENTATIONS

7.1 Local Members have been consulted and Councillors J Cowan and B Jones object to the application. They feel it would be incongruous in the street, as the proposal is set in such close proximity to neighbouring properties. Members request a Committee Site Visit.

7.2 Adjoining neighbours have been consulted. The application was also advertised by way of a site notice which expired on 13th August 2011.

7.3 A petition signed by 70 signatures was received from occupiers of Heol Y Nant, Tyn-Y-Parc Road, Upper Tyn-Y-Parc Terrace, Leamington Road and Maes Y Felin. The petitioners object to the development as they feel it is overdevelopment of the land and detrimental to the street scene.

7.4 66 identical letters were received from occupiers of Heol Y Nant, Tyn-Y-Parc Road, Upper Tyn-Y-Parc Terrace, Leamington Road and Maes Y Felin. These residents object to the proposal for the following reasons:

• It would be overdevelopment of the plot of land. • It would be detrimental to the street scene. • Parking is already an issue as residents from Maes-Y-Felin and Tyn-Y- Parc Road park along this end of the road due to necessity and also bearing in mind the access required for Whitchurch Fire Station which is directly opposite this property. • It is un-neighbourly to the elderly residents of No. 4 Heol Y Nant who have lived there a long time and are very well respected in the area. • It sets a precedent for ‘garden grabbing’ which would make it harder to resist future claims which eventually would totally destroy the character of the area thereby affecting the quality of life of the local residents.

7.5 Additional letters of objection have been received from the occupiers of No’s 4 and 37 Heol Y Nant for the following reasons:

• The proposed property is inappropriate to the area. • The site would be overdeveloped with little garden. • The current drainage/sewer system would not be able to cope with the development. • The proposal will exacerbate existing parking problems, particularly with

99 the Fire Station opposite the site. • The proposal would cause the occupiers of 4 Heol Y Nant distress and detract from their human rights. • The provision of 4 toilets leads neighbours to believe the development would be used for multiple occupancy rather than a family home. This could further impact on the current levels of car parking. • The proposed property is very close to the boundary with 4 Heol Y Nant which may lead to difficulties in maintaining the property at No. 4. • The current hedge positioned between the site and No. 4 is difficult to maintain. This maybe better replaced by a wall. • The proposal will result in the current outlook (light and view from kitchen and landing) of the occupiers of No. 4 being prejudiced. • The proposal is an example of garden grabbing which will prejudice the overall character of the area.

8. ANALYSIS

8.1 It was decided at Planning Committee on 14th September 2011 to defer the application for a Site Visit. The Committee Site Visit took place on 3rd October 2011.

8.2 The key issues are the effect of the proposal upon the character and appearance of the area, the living conditions of neighbours and highway safety/car parking.

8.3 The application site is the side garden of a dwelling which is within an existing residential area as designated by the Cardiff Local Plan. Accordingly, to use this land for the construction of a dwelling would not be out of accord with the general character of this area.

8.4 The proposal has been considered by the Councils Urban Design Officer who finds it acceptable. The urban design officer notes that the two properties immediately neighbouring the site have differing roof forms, though each have roof slopes facing the application site. As such the simple roof form of the proposed dwelling would provide a degree of balance between the neighbouring dwellings and consistency in the roofline along the street. The proposed dwelling is therefore considered an acceptable form of design. The urban design officer noted that it was important that the proposed dwelling had consistent eaves and ridge lines to neighbours and was constructed on the same building line. Accordingly, the agent has submitted a streetscape which illustrates that the proposed dwelling will have identical eaves and ridge heights as the dwelling to the north (No. 6). In addition, the dwelling is set along the same building line as neighbouring dwellings. The proposed dwelling is to be finished in render and slate to match the existing dwellings within the street. Condition 12 will ensure that the materials are approved by the LPA prior to the commencement of development. It is therefore considered that on balance the proposed dwelling will not prejudice the general appearance of the area. It should be noted that the application site is not contained within an area of any special designation such as a Conservation Area.

8.5 The size of the proposed dwelling is commensurate with the size of the dwellings adjacent to the site. The dwelling does not extend to the front or past the rear of

100 neighbouring dwellings at No’s 4 and 6 Heol Y Nant. Furthermore, the proposed dwelling is approximately 9m from the rear boundary. It is noted that there are windows within the side (north) elevation of No. 4. However, the dwelling is sited to the north of these windows and would be positioned approximately 3.8 - 4m from these windows with No. 4. These windows appear to serve a kitchen and landing area. There are window within the side (south) elevation of the existing dwelling at No. 6 which are obscurely glazed and secondary in nature. The proposed dwelling will be approximately 1.6m from these windows within No. 6. Accordingly, it is officer’s opinion that given the size, position and orientation of the dwelling to neighbouring properties, the proposal will not be considered overbearing or un- neighbourly and will not prejudice the current levels of light experienced within the main habitable rooms of neighbouring properties or their private amenity areas to a degree to warrant a refusal of planning permission.

8.6 Spot heights of the existing site and the finished floor level of the proposed dwellings have been provided. It is clear from the street scene (which also includes the finished floor level of the dwelling) that the development will not be any higher than neighbouring dwellings. The proposed dwelling will be the same scale as the dwellings to the north, which is slightly smaller than the dwelling to the south. Accordingly, it is not considered that the proposal will prejudice the amenities of neighbours in this regard and no further information regarding levels of the site is required.

8.7 In regards to privacy, all windows within the side elevations and first floor rear elevation are to be obscurely glazed. The remaining windows (front elevation and ground floor rear elevation) are not considered to prejudice the privacy of neighbours due to their distance from neighbouring properties. The proposed roof lights within the side facing roof planes will be positioned at a high level and would not allow occupiers of these rooms to overlook neighbouring properties. Conditions would be deemed necessary to ensure that the proposed obscurely glazed windows are obscurely glazed and to remove permitted development rights to install any further windows within the side and rear elevations.

8.8 In regards to the amenities of the occupiers of the proposed dwelling it is noted that all habitable rooms are of sufficient size and will be provided with adequate natural light (bedroom 1 and the master bedroom via high level roof lights). Approximately 70m² of amenity space will be provided for the proposed dwelling and a comparable area will be provided for the existing dwelling. To ensure that adequate amenity space for the dwelling remains and to protect the amenities of neighbours, permitted development rights should be removed for the future construction of any extension, roof extension and/or outbuilding within the curtilage of the site.

8.9 The Operational Manager (Transportation) has assessed the proposal and raised no objection. Conditions are required to provide the off road car parking space prior to the beneficial occupation of the development. Additional recommendations are made for the applicant to contact the Operational Manager (Street Operations) to discuss the works to take place to the adopted highway. It is noted that the proposal will not result in the loss of any parking spaces. Although vehicles can be parked to the front of the site at

101 present, the formation of an off street parking space will compensate for any loss of any on street parking currently available. In addition, it is noted that the proposed site is close to all local public transport routes.

8.10 In regards to the comments received from Local Members and Neighbours which are not covered above, the following should be considered:

• The proposal is not considered to be over development of the site. The dwelling sits adequately in the plot providing sufficient amenity space for the proposed occupiers and the occupier of the existing dwelling at No. 6. Furthermore, the proposal will not result in an incongruous feature within the street scene and it can not be considered un-neighbourly. • The application site is a large side garden within a residential area as designated by the Cardiff Local Plan. There have been similar proposals elsewhere within the city and accordingly specific Supplementary Planning Guidance (SPG) has been written and adopted by the Council to provide guidance on these proposals (Infill Design Guide: SPG 2011). It is considered that on balance the proposed development meets the general principles and guidelines contained within the Infill Design Guide: SPG and the proposal are considered acceptable. • Welsh Water and the Operational Manager (Drainage) have no objection to the proposal. Conditions 3 and 4 will ensure that the drainage of the site is approved by Welsh Water and the Operational Manager (Drainage) prior to the commencement of development. • The effect of the proposal upon the occupiers of 4 Heol Y Nant has been considered above. It should be noted that there is no right to a view. In addition, it is not considered that the proposed development will prejudice the human rights of these neighbours. • The maintenance of neighbouring properties is not a material planning consideration and would be a civil issue. • The applicant is willing to replace the existing hedge along the boundary with No. 4 with a wall should this be a more suitable means of enclosure for the occupiers of No. 4. This issue can be dealt with in discharge of condition 6. • The proposal is for 1 dwelling and not a HMO. Should the applicant wish to use the dwelling for a HMO or flats, planning permission would be required. Any such application submitted would be determined based on its own merits and subject to public consultation.

8.11 Planning permission is recommended.

102 103 104 105 106 COMMITTEE DATE: 12/10/2011

APPLICATION No. 11/1262/DCO APPLICATION DATE: 29/07/2011

ED: PENYLAN

APP: TYPE: Full Planning Permission

APPLICANT: Cassis Consulting Ltd LOCATION: 86 MARLBOROUGH ROAD, ROATH, CARDIFF, CF23 5BY PROPOSAL: CHANGE OF USE TO CHILDCARE NURSERY FOR A MAXIMUM 35 CHILDREN BETWEEN THE AGES OF 6 WEEKS AND 8 YRS TO GROUND FLOOR AND RESIDENTIAL ACCOMODATION TO FIRST AND SECOND FLOOR ______

RECOMMENDATION: That planning permission be REFUSED for the following reason:

1. The proposed child care facility would be likely to generate an unacceptable level of noise and disturbance for adjacent occupiers, by virtue of the close proximity to residential properties. As such, the proposal would be contrary to Policy 2.24 (residential amenity) of the Deposit Cardiff Unitary Development Plan (October 2003), and the Council’s approved Supplementary Planning Guidance, Buildings for Child Care (September 1998).

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 Full Planning permission is sought for a change of use of the ground floor of the existing residential property, to a childcare nursery for a maximum of 35 children between the ages of six weeks and eight years. The first and second floors are to be retained for residential use.

1.3 In support of the application, the agents have submitted the following documents:

(i) A Design Statement. (ii) An Environmental Impact Statement. (iii) An Economic and Community Impact Statement. (iv) A Nursery and Residential Application Overview. (v) A Flood Risk Statement. (vi) An Operational Sustainability Policy Summary (vii) A Travel Plan Statement. (viii) An Access Statement.

107 2. DESCRIPTION OF SITE

2.1 The property is an end of terrace, two storey dwelling with additional accommodation within the roofspace. The property, which is currently used as two separate flats is located within a predominantly residential street, opposite Marlborough Infants School. The attached dwelling at no.84 (to the west) and the adjacent dwelling at no.88 (to the east) both remain in residential use.

3. SITE HISTORY

3.1 88/2378W – Planning permission refused for a loft conversion.

4. POLICY FRAMEWORK

4.1 Technical Advice Note 11 (Noise)

4.2 The application site is identified on the proposals map of the adopted City of Cardiff Local Plan as an existing residential area.

4.3 Relevant Local Plan policies include:

Policy 11 (Design and Aesthetic Quality) Policy 17 (Parking and Servicing Facilities) Policy 18 (Provision for cyclists) Policy 19 (Provision for pedestrians) Policy 26 (Conversion or Redevelopment of Residential Accommodation).

4.4 The following policies of the Deposit Cardiff Unitary Development Plan (October 2003) are considered to be relevant to the proposal.

Policy 2.20 (Good Design) Policy 2.24 (Residential Amenity) Policy 2.25 (Change of Use of Residential Land or Properties) Policy 2.57 (Access, Circulation and Parking Requirements) Policy 2.64 (Air, noise and light pollution) Policy 2.74 (Provision of Waste Management Facilities in Development)

4.5 The following Supplementary Planning Guidance (SPG) is considered relevant:

(i) Waste Collection and Storage (ii) Access, Circulation and Parking (iii) Buildings for Childcare

5. INTERNAL CONSULTEE RESPONSES

5.1 The Council’s Land Use Policy team advises:

108 ‘The application site falls within an existing residential area, as defined by the Local Plan. As the building is currently in residential use, the application should be assessed against Policy 26 of the Local Plan which states that proposals for non-commercial community uses are appropriate within a housing area and will generally be acceptable in principle.

The Buildings for Child-care SPG (1998) states that changes of use from residential accommodation to childcare facilities will be considered favourably, provided that demonstrable harm is unlikely to be caused to the amenity of neighbouring residents.

Paragraph 3.6 of the SPG on ‘Facilities for Child Care’ states that because child care facilities serve an important community function, applications for the change of use from residential to child care facilities will be considered favourably, provided that demonstrable harm is unlikely to be caused to residential amenity.

In determining whether proposals result in demonstrable harm to residential amenity, the SPG states that regard should be given to:

• The Type of Property (Preferred properties being detached, pairs of semi detached, or detached adjoining commercial property); • The Character of the Area (The essential residential character of the area should not be undermined having regard to the existence of other non- residential uses in the street); • The Number of Children/ Staff Employed (Traffic, parking, play requirements and noise have to be accommodated without adversely affecting highway safety or causing nuisance to neighbours).

Given this land use policy context, the application raises no land use policy concerns significant enough to warrant an objection but should be determined against the impact of the proposal on residential amenity’.

5.2 The comments of the Operational Manager Environment (Pollution Control) are contained within the Analysis of the report. (See paragraph 8.3).

5.3 The Chief Transport, Infrastructure and Waste Officer (Drainage) has no objections and advises that any new hard surface areas within the garden should either drain to soakaways or utilise permeable surfacing, subject to ground conditions being suitable for the application of such techniques.

5.4 The Operational Manager Waste Management advises: ‘Refuse storage is mentioned within the application form, however is not shown on the site plans that have been submitted. A location for the storage of waste and recycling, and presentation for collection waste must be included on site plans, and retained for future use. For the residential accommodation above the Nursery separate refuse storage will be required.

109 • Waste must not be stored on the highway • Commercial and domestic waste must not be mixed

Please advise the agent/applicant that a commercial contract is required for the collection and disposal of all commercial waste (see extract from the Waste Collection and Storage Facilities SPG)’

5.5 The Chief Highways Officer’s comments are to follow.

6. EXTERNAL CONSULTEES RESPONSES

6.1 The Environment Agency advises: ‘The application site lies entirely within Zone C2 as defined by the Development Advice Map (DAM) referred to under Technical Advice Note 15: Development and Flood Risk (TAN 15) (July 2004). Our flood map information, which is updated on a quarterly basis, confirms the site to be within the 1% (1 In 100 year) and 0.1% (1 in 1000 year) annual probability fluvial flood outlines of the fluvial floodplain.

Given the scale and nature of this application (and in the absence of a flood consequence assessment) we consider the risk and consequences could be managed if they are understood. Flood resilience and resistance should be incorporated and emergency procedures considered’.

7. REPRESENTATIONS

7.1 A petition has been received in opposition to the proposed development, signed by 32 neighbouring occupiers. The petition states the following grounds of objection:

(i) Noise and disturbance. (ii) Impact upon amenity. (iii) Traffic generation and highway safety. (iv) Parking. (v) Local Character (vi) Drainage. (vii) Precedent. (viii) Loss of property value.

7.2 Letters of objection have been received from the occupiers of 16 Sandringham Road, 84 Marlborough Road and Ty Draw House, Ty Draw Road. The representations raise the following objections:

(i) Impact upon residential amenity, due to noise pollution created by a large number of children in a small property. (ii) Exacerbation of existing parking / traffic problems. (iii) Parking restrictions within the vicinity of the site will make picking up and dropping off children difficult. (iv) The property is not suitable for the proposed nursery, being in such a densely populated residential area.

110 (v) A lack of public consultation. (vi) Overcapacity of drainage within the area and concerns regarding items such as nappies which may be flushed into the drains.

8. ANALYSIS

8.1 There are no design concerns with regard to the proposal as external alterations to the dwelling are not proposed. The application relates purely to the change of use of the property.

8.2 The Council’s Land Use Policy team advises that there are no land use policy objections (see paragraph 5.1 above). However, attention is drawn to paragraph 3.6 of the SPG on ‘Facilities for Child Care’ which states that ‘applications for the change of use from residential to child care facilities will be considered favourably, provided that demonstrable harm is unlikely to be caused to residential amenity’.

8.3 The Operational Manager, Environment (Pollution Control) advises:

‘The proposed development lies within an existing residential area, as defined by the Local Plan.

The Buildings for Child-care SPG (1998) states that changes of use from residential accommodation to childcare facilities will be considered favourably, provided that demonstrable harm is unlikely to be caused to the amenity of neighbouring residents.

In determining whether proposals result in demonstrable harm to residential amenity, the SPG states that regard should be given to:

• The Type of Property (Preferred properties being detached, pairs of semi detached, or detached adjoining commercial property); • The Character of the Area (The essential residential character of the area should not be undermined having regard to the existence of other non- residential uses in the street); • The Number of Children/ Staff Employed (Traffic, parking, play requirements and noise have to be accommodated without adversely affecting highway safety or causing nuisance to neighbours).

Given due consideration to the application and the parameters set out above, this department is objecting to the proposed development on the grounds of excessive noise been created which would be detrimental to the amenities of some residents in the area.

This proposed development is located in a residential area, with the property being semi detached on one side, and flanked with residential properties to the rear and again the remaining side elevation, with proposed operational hours Monday – Friday 07:00 – 19:00 and Saturday 08:00 – 18:00.

111 The Supplementary Planning guidance on Building for Child-care states that, “because of their [child care facilities] effects on residential amenity, the preferred location for child – care facilities is within employment areas or shopping areas.”

I have concerns that should this proposed development be granted permission, there would be an unacceptable degree of noise and/or disturbance to the residents as detailed above.

This proposed development has numerous sources of noise which would detrimentally affect the amenity of close neighbouring dwellings. The sources of noise are as follows:

• Airborne noise within the property namely from children and babies crying, shouting etc. The rear ground floor rooms and first floor room share a party wall with the neighbouring property. • Impact noises from employees, visitors and children using stairs to upstairs area. Also there will be banging/ slamming doors. Whist this is a normal activity within residential properties, the intensification of use will certainly increase this sources of noise to an unacceptable level. • Noise from children using the outside garden area to rear of property. • Noise and odour from food preparation within the kitchen area of premises. The kitchen would be used far greater than that of a domestic kitchen, possibly cooking up to thirty five meals – three times a day. I feel that the associated noise e.g. extraction system and clanging of kitchen utensils etc would create noise that would be detrimental to the residents of neighbouring dwelling.

I do not believe that my concerns could be overcome by conditions. Sound proofing could not achieve the desired level of protection for the adjoining property as there will be the issue of flanking transmission through the structure of the building including passages of least resistance i.e., through the chimney breast, peak noise levels from kitchen activities and children screaming and shouting.

Outside play areas are a requirement of The Care and Social Services Inspectorate Wales (CSSIW) and this will also be a noise source that will impact on the amenity of neighbours and not suitably controlled by condition.

Furthermore, having regard to TAN 11 (Technical Advice Note (noise) I would state that this proposed development would be a noise generating development being proposed in a residential area (a noise sensitive area) and believe that it would create an unacceptable degree of disturbance to residents in the area. As such the applicant will not be able to achieve the standard which the Buildings for Child-care SPG (1998) statement requires without demonstrable harm being caused in relation to noise to the amenity of neighbouring residents.

I therefore confirm that I wish to object to this proposed development due to the affect on the amenities of neighbouring residents, especially 24 Richards

112 Terrace. This would be in line with the Cardiff Council’s Supplementary Planning Guidance on Buildings for Child-care [September, 1998]’.

It is therefore, considered that the proposed child care facility would be likely to generate an unacceptable level of noise and disturbance for adjacent occupiers, by virtue of the close proximity to residential properties. As such, the proposal would be contrary to Policy 2.24 (residential amenity) of the Deposit Cardiff Unitary Development Plan (October 2003), and the Council’s approved Supplementary

8.5 In response to objections raised, not already covered within the report:

(i) Impact upon property value is not a material planning consideration. (ii) The Local Planning Authority fulfilled its statutory obligation with regards to public consultation by consulting neighbours that share a boundary with the application site. In addition the Local Planning Authority consulted the occupiers of properties opposite the site, to the front and rear, and displayed a site notice on the public footway outside the application site. (iii) Council’s Drainage engineer has no objections regarding drainage from the site.

113 114 115 LOCAL COUNCILLORS OBJECTIONS

COMMITTEE DATE: 12/10/2011

APPLICATION No. 11/1271/DCO APPLICATION DATE: 21/07/2011

ED: FAIRWATER

APP: TYPE: Full Planning Permission

APPLICANT: Mr Cheung LOCATION: 80 & 80A PWLLMELIN ROAD, FAIRWATER, CARDIFF, CF5 2NH PROPOSAL: EXTENSION OF THE EXISTING HOT FOOD TAKEAWAY AND CHANGE OF USE OF ADJACENT A1 RETAIL UNIT TO A3 USE ______

RECOMMENDATION: That planning permission be REFUSED for the following reasons:

1. The proposed extension of the takeaway into No. 80A Pwllmelin Road would result in increased noise and disturbance in the evening, which would have a harmful impact on the amenity of neighbouring residents contrary to policy 2.24 of the Deposit Cardiff Unitary Development Plan; Paragraphs 3.1 and 4.5 of the City of Cardiff Local Plan Supplementary Planning Guidance ‘Restaurants, Takeaways and Other Food and Drink Uses’; Paragraph 8 of TAN 11(Noise) and Paragraph 7.6.2 of Planning Policy Wales 2011.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 The proposal seeks permission to extend the restaurant at No. 80, into the adjacent unit (No. 80A), which has been vacant for more than 12 months. The previous use of No. 80A was a sandwich bar/delicatessen. Planning permission was granted in January 2011 for use of the premises as a veterinary surgery. However, this use has not been implemented and despite advertisement of the vacant unit by the applicant, no interest has been made.

1.2 The opening hours of the proposed extended take-away are specified as being 12:00 – 14:00 and 16:00 – 22:00 Monday – Saturday and 16:00 – 21:00 Sunday. The agent states that this is the same as the existing use. However, a condition attached to planning permission 92/01145/W restricts the opening hours to 12:00 – 14:30 and 16:30 – 22:00 Monday – Saturday and a condition attached to planning permission 05/02187/W restricts the opening hours to 17:30 – 21:00 on Sundays.

1.3 The plans show the knocking through of the internal wall between the two properties to create an extended servery and waiting area for customers. Enlargement of the existing kitchen at No. 80 is proposed. An additional food

116 preparation area shall also be provided as well as a store in the extended premises. No external alterations are proposed. The existing shop fronts are to be retained with separate entrance and exit doors provided for the extended takeaway.

1.4 The agent has also confirmed that the applicant now owns the freehold interest in the site. The extent of their ownership is illustrated on the attached land plan provided by the Cardiff City Council when the sale of freehold was completed.

2. DESCRIPTION OF SITE

2.1 This full application relates to two units (Nos. 80A and 80 Pwllmelin Road) sited at the end of a terrace of five commercial properties comprising a mini- supermarket, barbers, a sandwich bar/delicatessen and a Tandoori takeaway sited within a residential area. The terrace has three storeys with the two upper floors in use as residential flats. However, the majority of the existing takeaway is sited within a single storey flat roof section, attached to the eastern side of the terrace. A garden area exists to the rear with parking spaces at the end, abutting a row of communal garages accessed from Keyston Road. An access road to the front of the commercial terrace runs parallel to Pwllmelin Road and terminates in a parking/turning area. The commercial terrace is not located within any designated district or local centre as defined by Policy 49 of the City of Cardiff Local Plan but it is identified as a neighbourhood centre in the Retail Floorspace Survey 2001.

3. SITE HISTORY

For No. 80 (existing takeaway premises)

05/02187/W – Modification of condition 3 of consent 92/01145/W to allow limited opening on Sunday evenings (17:30 – 21:00) in line with adjacent supermarket (not to be open on any time on Bank Holidays) – granted

04/02625/W – Modification of condition 3 of planning permission 92/01145/W – modify opening hours to include 17:00 – 21:00 on Sundays - refused

96/00381 – Retain flue and extraction - refused

94/00848/W – Extend fish bar and reduce hairdressers – granted subject to opening times: 12:00 -14:30 and 16:30 – 22:00 (Mondays to Saturdays. Not Sundays or bank holidays) It is noted that the reduced-size salon is now in use as part of the takeaway

92/01145/W – Fish and Chip shop – allowed on appeal subject to opening times 12:00 – 14:30 and 16:30 – 22:00 (Mondays to Saturdays. Not Sundays or bank holidays)

For No. 80A (existing vacant premises)

117 10/02154/DCO – Convert current retail premises into a branch veterinary surgery for consultations only – granted (not implemented)

05/00093/W – Change of use to A3 with opening hours from 16:00 – 0:00 Monday – Sunday – refused as proposal would be detrimental to the amenities of local residents by reason of smell, fumes and noise from the premises and from customers visiting the premises.

4. POLICY FRAMEWORK

4.1 Planning Policy Wales (February 2011) Paragraph 7.6.2 states: ‘Particular care should be taken to safeguard residential amenity where applications are considered for business development in primary residential areas’. Paragraph 4.10.12 states: ‘Local authorities are under a legal obligation to consider the need to prevent and reduce crime and disorder in all decisions that they take.’

4.2 Tan 11: Noise (1997) Paragraph 8 states: ‘Local planning authorities must ensure that noise generating development does not cause an unacceptable degree of disturbance. They should also bear in mind that if subsequent intensification or change of use results in greater intrusion, consideration should be given to the use of appropriate conditions.’ Annex B18 states: ‘Local planning authorities will wish to bear in mind not only the noise that is generated within the premises but also the attendant problems of noise that may be made by customers in the vicinity. Disturbance that can be caused by traffic and associated car parking should not be underestimated.’

4.3 Cardiff Local Plan (adopted 1996) Policy 17 (Parking and Servicing); Paragraph 9.3.8 of the Local Plan is also of relevance stating: ‘Within existing centres other than those identified in Policy 49, development proposals involving either new or improved retail facilities, or the loss of existing shopping, will be considered on their merits, having regard to the characteristics of the premises and their location, the role of the centre in meeting local shopping needs, local land use considerations, traffic and other environmental implications.’

4.4 Deposit Cardiff Unitary Development Plan (October 2003) Policy 2.24 (Residential Amenity) Paragraph 2.36.10 of Policy 2.36 (District and Local Centres) states: ‘Food and drink uses, including restaurants and hot food takeaways are better located in centres than in residential areas because of the impact, noise, fumes, litter, late night disturbance, etc’. Policy 2.57 (Access, Circulation and Parking Requirements)

4.5 Supplementary Planning Guidance Restaurants, Takeaways and Other Food & Drink Uses (June 1996) Paragraph 3.1 states: ‘Applications for food and drink uses in small shopping parades which are not defined as district or local centres in the Local Plan will be considered particularly against the likely effects on nearby residents, traffic considerations and the role of the centre in meeting local shopping needs. Food and drink uses are unlikely to be acceptable within or adjacent to

118 residential areas, if they would cause nuisance and loss of amenity to residents, or result in the loss of residential property.’ Paragraph 4.5 states: ‘The proximity of a proposal to residential premises is also important because of the nuisance which can be caused to residents by the noise and increase activity associated with customers and their cars or taxis arriving and leaving premises. In general, proposals are unlikely to be acceptable where residents live immediately above or next door. ‘ Waste Collection and Storage Facilities (March 2007) Access, Circulation and Parking Standards (January 2010)

4.6 The Crime and Disorder Act 1998 Section 17 states: ‘It is the duty of the Authority to exercise its various functions with due regard to the likely effect on crime and disorder in its area and the need to do all that it reasonably can to prevent crime and disorder.’

5. INTERNAL CONSULTEE RESPONSES

5.1 City Development – Land Use Policy According to information supplied by the applicant the premise was formerly occupied by a delicatessen and sandwich bar but has been vacant for 12 months. The application site is located outside of a designated district or local centre as defined by Policy 49 of the City of Cardiff Local Plan but it is identified as a neighbourhood centre in the Retail Floorspace Survey 2001 and should therefore be assessed against paragraph 9.3.8 of the Local Plan. Paragraph 9.3.8 of Policy 49 does apply and requires proposals for new retail facilities or the loss of existing shopping to be considered on their merits. Consideration should be given to the characteristics of the premises, their location and the role of the centre in meeting local shopping needs. The shop unit is vacant at present, and is not currently making a contribution towards meeting local shopping needs. Therefore, the loss of the retail unit causes no concerns.

5.2 Paragraph 9.3.5 of the Plan states that the most appropriate locations for Class A3 food and drink uses are in the designated district and local centres, outside of these centres, proposals for A3 uses would have to be assessed carefully against Supplementary Planning Guidance, “Restaurants, Takeaways and Other Food & Drink Uses”, in terms of the impact that they would have on the residential amenity of the area. Paragraph 3.1 of the SPG is of most relevance. Having regard to this policy framework, it is not considered that the proposal raises any significant policy concerns subject to an assessment of the impact of the proposal on residential amenity.

5.3 City Development - Transportation has no objection but recommends that cycle parking be provided within the area immediately adjacent to the front of the site – within land owned by the Council.

5.4 Regulatory and Supporting Services - Pollution Control objects to the proposal on the grounds of there being residential accommodation at first floor level above the proposed development. It is likely that the amenities of the residents in the accommodation would be affected by noise nuisance being

119 generated by the activities at the proposed development and from patrons frequenting the proposed development. In addition to this the amenities are likely to be affected by odour nuisance. However, if permission should be granted, conditions should be attached relating to provision of sound insulation and restrictions on hours of operation, delivery times, plant noise and kitchen extraction.

5.5 City Services - Waste Strategy and Minimisation request further information on the siting of refuse storage facilities

5.6 Drainage has no comments as the proposal will not create any new hard areas.

6. EXTERNAL CONSULTEE RESPONSES

6.1 South Wales Police Crime Prevention Design Advisor refers to the above average level of crime in the area compared to the background levels of crime in the South Wales Police area (with 218 incidents recorded for the month of July 2011). A number of these incidents relate to anti-social behaviour incidents in the vicinity of the shops located on Pwllmelin Road including the rear service lane. Local officers have expressed concern regarding this application as the takeaway is a ‘honey pot’ for local youths who regularly congregate outside to the annoyance of the customers, local residents and passing members of public.

6.2 It has been stated by the Police Community Support Officer that the statistics relating to anti-social behaviour in the area do not reflect the true picture as many incidents go unreported and feels that should this application be approved it is inevitable that antisocial behaviour and associated crime will increase. Also if approval is given, there will almost certainly be an increase in waste, which is already a problem as the shop waste is currently being left on the pavement to the front of the premises, which is often kicked about by local youths. This is a result of the shop not utilising the rear service yard.

6.3 Taking the above into consideration South Wales Police wish to object to this application as it could further exacerbate the situation with regard to anti- social behaviour and related crime and disorder. In the case of permission being granted then the Police would ask that recommendations be incorporated into the development relating to the rear service lane, windows, glazing and door security. Conditions should also be attached relating to opening hours, provision of a CCTV camera and provision of specific window glazing.

6.4 Western Power Distribution provides advice relating to its apparatus located within close proximity to the application site and HSE guidance.

6.5 Welsh Water advises that a condition should be attached relating to the provision of a suitable grease trap to prevent entry into the public sewerage.

7. REPRESENTATIONS

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7.1 Thirteen neighbouring properties were consulted as well as Local Members for the Fairwater wards. The proposal was also publicised by means of a site notice.

7.2 Letters of representation have been received from the landlord of No. 82 Pwllmelin Road and the occupants of Nos. 58 Plasmawr Road and Nos. 78 and 82 Pwllmelin Road

• Concerns from tenants of proposed A1 to A3 change of use • Late night noise and disturbance already experienced caused by the existing hot food takeaway • Small precinct would have too heavy a footprint based upon the evening food trade • Already ongoing problems associated with existing takeaway related to environmental issues, erosion of the amenity of the immediate neighbourhood and non-compliance with conditions related to opening hours • Existing conditions should be enforced before consideration of any further treat to local community • The Fairwater Fish Bar is situated at the junction of Pwllmelin Road and Plasmawr Road within a 5 minute walk of No. 80 • The vacant part of the property could be divided into a second takeaway or restaurant. • The greater part of the business conducted at No. 80 is that of home delivery and vehicular collection • Waste management an on-going problem. Food placed in plastic bags on pavement and not in bins at rear service area of property • Problems already experienced from cooking oils in drains some lower premises are flooded with effluent. Problem would be exacerbated with another takeaway. • Little car parking • Submitted plans show no extraction system and no fire escape at the rear of both shops. The cooking range is also to be sited underneath the main building. • Tenants of No. 80 unaware of application so is unlikely that the existing business could gain from the proposed extension • It is alleged that a number of potential tenants did come forward with an interest in the site. The point that no one else wants the shop is void. • The vacant unit is not made available for prospective local traders whose contribution could be significant and valuable asset to the entire local community • Statement that ‘the application proposal would continue to open during the majority of normal shopping hours’ contradicts point 2.6 in the proposal. The existing takeaway does not open until around 5pm.

7.3 Councillor McEvoy has asked whether the planning application will be taken to planning committee.

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8. ANALYSIS

8.1 The main issue to be assessed by result of the proposal is the impact on the amenity of the neighbouring residents.

8.2 The change of use of the property from a Class A1 shop to a Class A3 takeaway would impact on the amenity of neighbouring residents through the noise associated with the operation of the takeaway until 10pm Monday to Saturday and until 9pm on Sunday. Consideration is made of the long established use of No. 80 Pwllmelin Road as a takeaway. The majority of the existing takeaway is sited in a single storey section of the building, which does not have flats above. The extended takeaway would be sited directly underneath the window of the flat, above the shop front, which would result in unacceptable disturbance to the residents of this flat from the noise associated with customers visiting the property late into the evening.

8.3 Extracts from the relevant planning policies and guidance, on the impact of development (similar to that hereby proposed) on residential amenity, are provided in section 4 of this report. In consideration of these policies and guidance, the proposed extension of the takeaway use is considered to be unacceptable as the proposal would result in a loss of amenity of neighbouring residents through noise and late night disturbance. It is not considered that any planning condition could control the noise generated from the general operation of the extended takeaway to deem the application as being acceptable in accordance with the related policies and guidance.

8.4 It is noted that planning permission (05/00093/W) was refused for the change of use of No. 80A to a hot food takeaway with opening hours 4pm-12pm Monday – Saturday on residential amenity grounds. It was considered that the cumulative effect of an extended takeaway on the amenities of the area must be considered as the takeaway at No. 80 has generated complaints from local residents with regard to the late night opening, general disturbance and litter. Although this proposal had later opening hours, it is considered that the extension of the existing takeaway into this property would have a very similar impact on the amenity of neighbouring residents.

8.5 The existing takeaway is described by local Police Officers as a ‘honey pot’ for local youths who regularly congregate outside. A number of incidents relate to anti-sociable behaviour in the vicinity of the shops located on Pwllmelin Road including the rear service lane. The Police Community Support Officer states that the statistics relating to anti-social behaviour in the area do not reflect the true picture as many incidents go unreported and feels that should this application be approved it is inevitable that anti-social behaviour and associated crime will increase. The Crime and Disorder Act 1998 requires both Police and Local Authorities in the exercising of their functions to do all they can to reasonably prevent crime and disorder. As the proposed use could result in an increase of anti-sociable behaviour incidents, the proposal is considered to be unacceptable as this would, in turn, add to the loss of the amenity of neighbouring residents.

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8.6 With regard to the issues raised by the consultees and the representations received:

8.7 The waste management issue can be addressed by a planning condition. The car parking is considered acceptable by the Transportation Officer. Problems with drainage can be addressed with the provision of a grease trap. No additional extraction is considered necessary as there is no additional cooking area proposed. The existing extraction system should be satisfactory and meet the Pollution Control regulations. The building regulations would ensure that the building has adequate fire escapes. There has been no contradictory evidence received of interest in the premises for alternative uses. It is stated that the existing takeaway does not open until 5pm. There is no policy objection as the shop has been vacant for over 12 months.

8.8 It is concluded that the extension of the A3 takeaway into No. 80A would result in the loss of amenity of neighbouring residents contrary to planning policy. It is therefore recommended that planning permission be refused.

123 124 125 126 LOCAL MEMBER OBJECTION

COMMITTEE DATE: 12/10/2011

APPLICATION No. 11/1285/DCO APPLICATION DATE: 09/08/2011

ED: FAIRWATER

APP: TYPE: Outline Planning Permission

APPLICANT: Mr Porch LOCATION: 19 FAIRWOOD ROAD, FAIRWATER, CARDIFF, CF5 3QF PROPOSAL: OUTLINE PLANNING APPLICATION FOR NEW DETACHED RESIDENCE AT LAND TO THE REAR OF 19 FAIRWOOD ROAD, FAIRWATER, CARDIFF, CF5 3QF ______

RECOMMENDATION 1: That outline planning permission be GRANTED subject to the following conditions:

1. A. Approval of the details of the layout, scale and appearance of the building(s), the landscaping of the site and access, (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

B. Plans and particulars of the reserved matters referred to in condition 1A above, relating to the access, layout, scale and appearance of any buildings to be erected, and the landscaping of site, shall be submitted in writing to the local planning authority and shall be carried out as approved.

C. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

D. The development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of the last of the reserved matters to be approved, whichever is the later.

Reasons: A. In accordance with the provisions of Article (3)1 of the Town and Country Planning (General Development Procedure) Order 1995. B. and C. In accordance with the provisions of Section 92 of the Town and Country Planning Act 1990.

2. No development shall take place until ground permeability tests have been undertaken to ascertain whether sustainable drainage techniques can be utilised for the disposal of surface water and comprehensive details of a drainage scheme for the disposal of both surface water and

127 foul sewage have been submitted to and approved by the Planning Authority in consultation with Dwr Cymru Welsh Water. Reason: In the interests of sustainability.

3. The details submitted in pursuance of condition 1 hereof shall have particular regard to the preservation of the amenities and privacy of the occupiers of the adjoining properties. Reason : To ensure that the privacy and amenities of the occupiers of the adjoining properties are protected.

4. Prior to the development hereby permitted being brought into beneficial use provision shall be made within the site for the parking of 2no. vehicles and manoeuvring area in accordance with details to be submitted to and approved in writing by the Local Planning Authority, such approval shall be obtained prior to the commencement of development. The parking areas shown in the approved details shall be provided prior to the development being brought into beneficial use and thereafter shall be maintained and shall not be used for any purpose other than the parking of vehicles. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing the site in accordance with policy 17 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan.

5. D4A Landscape Scheme

6. No development shall take place until there has been submitted to and approved in writing by the local planning authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the dwelling hereby permitted is occupied. Development shall be carried out in accordance with the approved details. Reason: To insure that that the proposal is in-keeping with the character of its surroundings, in the interests of visual amenity.

7. Prior to the commencement of development the applicant shall provide details of a street lighting column, to be provided within the curtilage of the dwelling. The submitted details, as approved in writing by the Local Planning Authority shall be implemented, and the lighting provided prior to the first beneficial occupation of the dwelling hereby approved, and shall be maintained thereafter. Reason: In the interests of highway safety

RECOMMENDATION 3: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on

128 Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

RECOMMENDATION 4: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

(i) determining the extent and effects of such constraints and; (ii) safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

The local planning authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 Outline planning permission is sought for the erection of a detached two storey dwelling on land to the rear of 19 Fairwood Road. The property has been subdivided in order to provide the plot for the proposed dwelling. The proposed property is to be accessed via Chatsworth Close.

1.2 All matters of detail are reserved for subsequent approval. However, an indicative site plan has been submitted as part of the current application. The plan shows the footprint of a detached dwelling, with parking fronting on to Chatsworth Lane.

2. DESCRIPTION OF SITE

2.1 The site is located to the rear of no.19 Fairwood Road, a semi detached dwelling. The site is accessed via a privately owned lane which serves dwellings nos. 1,2 and 3 Chatsworth Close and provides a secondary access to ‘The Bungalow’ at the end of the close. The site measures 00.03 Hectares and has been separated from the existing dwelling at 19 Fairwood Road by a 1.8 metre high closed boarded fence.

3. SITE HISTORY

3.1 None.

4. POLICY FRAMEWORK

4.1 The application site is identified in the proposals map of the adopted City of Cardiff Local Plan as a residential area.

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4.2 Relevant Local Plan policies include:

Policy 17 (Parking and Servicing Facilities) Policy 18 (Provision for cyclists) Policy 19 (Provision for pedestrians) Policy 24 (Affordable and Special Needs Housing) Policy 31 (Residential Open Space Requirement)

4.3 The following policies of the Deposit Cardiff Unitary Development Plan (October 2003) are considered to be relevant to the proposal.

Policy 2.20 (Good Design) Policy 2.24 (Residential Amenity) Policy 2.45 (Trees Woodlands and Hedgerows) Policy 2.57 (Access, Circulation and Parking Requirements) Policy 2.64 (Air, noise and light pollution) Policy 2.74 (Provision of Waste Management Facilities in Development)

4.4 The following Supplementary Planning Guidance (SPG) is considered relevant:

(i) Infill Sites (ii) Access, Circulation and Parking (iii) Residential Design Guide (iv) Waste Collection and Storage

5. INTERNAL CONSULTEE RESPONSES

5.1 The Chief Transport, Infrastructure and Waste Officer (Drainage) advises that a condition requiring ground permeability tests to be undertaken to ascertain whether sustainable drainage techniques can be utilised and a drainage scheme for the disposal of both surface water and foul sewage has been submitted to and approved by the Planning Authority prior to the commencement of development.

5.2 The Operational Manager, Environment (Pollution Control) advises that Conditions are required relating to the assessment for contamination of top soil or aggregates to be imported onto the site. Furthermore, advisory notes are also recommended, drawing the applicant’s attention to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities and the potential for contaminated and unstable land.

5.3 The Operational Manager Waste Management has no objections and advises that details of waste collection and storage facilities will be required as part of a subsequent reserved matters application. 5.4 The Operational Manager Transportation advises:

‘I can confirm that I do not have any objection to this proposed outline

130 application. Our Car parking requirements will be provided in accordance with our SPG. It is noted from the applicant’s submitted drawings that 3 off street car parking spaces will be provided within the site. However, it would be prudent to remove one of these spaces as 2 spaces will still satisfy our SPG. This will increase the width of both parking bays to approx 3.8m, and allow for easier manoeuvring of vehicles in and out of these spaces, as the width of Chatsworth Close at this location is only 3.8m. The vehicle turning area (shown on plan no 663/03/A) is acceptable. Furthermore to improve lighting in this part of the lane a street lighting column will be required (supplied, erected & connected at the expense of the applicant). This column is required in the interest of highway and pedestrian safety’.

Conditions and advisory notes are recommended for any subsequent reserved matters applications. Conditions as required to retain 2 parking spaces and a manoeuvring area, a site management scheme, and requiring the applicant to provide a street lighting column, in a position to be agreed with the Local Authority at their own expense. An advisory note is also recommended informing the applicant of the requirement to surface the parking and manoeuvring area in permanent material e.g. tarmac or block paving (not stones, gravel etc) and clearly marked for ease of use.

6. EXTERNAL CONSULTEES RESPONSES

6.1 Welsh Water/Dwr Cymru requests a drainage condition to ensure no detriment to existing residents, the environment and to the Company’s assets.

7. REPRESENTATIONS

7.1 An objection has been received on behalf of Local Members L Ford and N McEvoy. The objection raises concerns regarding the scale of the proposed development and the proximity to neighbouring boundaries.

7.2 Letters of objection have been received from the occupiers of 64 and 66 Kirton Close, 1 not addressed, 2 Chatsworth Close, 15 and 17 Fairwood Road. The letters raise the following objections:

(i) Loss of privacy. (ii) Chatsworth Close is too narrow to accommodate additional traffic, there is little or no turning space. (iii) Additional traffic accessing/using Chatsworth Close would exacerbate pedestrian safety concerns. (iv) Concerns regarding emergency services access to the property. (v) Loss of two mature trees on site prior to the submission of a planning application. (vi) Approving this application would set a precedent for other properties along Fairwood Road to develop their rear gardens. (vii) Poor street lighting along Chatswoth Close. (viii) Large numbers of school children walk along Pwllmelin Road to two local schools. (ix) Loss of property value for neighbouring properties if planning permission is

131 granted. (x) Pedestrians / cyclists entering Chatsworth Close from Kirton Close do so via a blind corner and vehicles would have no prior warning of the oncoming hazard. (xi) Lack of information on the submitted plans, for example, location of windows. (xii) Inconvenience / parking problems during construction.

8. ANALYSIS

8.1 This is an outline application, with all matters reserved for subsequent consideration. An indicative site plan has been submitted to indicate how the site may be developed. Representations received from neighbouring occupiers raised concerns regarding a lack of submitted information, for example, in relation to the location of proposed windows. If planning permission is granted comprehensive design plans will be required to carefully assess the full detailed proposal.

8.2 The proposed dwelling would not be readily visible within the streetscene along Fairwood Road. The dwelling would be visible from Chatsworth Close, although would be set back from the Close by approximately 5 metres (as shown on the indicative plan), and to some extent screened by trees and shrubs along the rear boundaries of the properties on Fairwood Road. The properties on Chatsworth Close and Kirton Close are of modern design and detached. The detached bungalow to the north of the application site is of a more traditional design and appears distinct from the remainder of the Close. The proposal would not be likely to detract from the character or the visual amenities of the vicinity. Conditions are attached, requesting the submission of detailed plans associated with the design of the dwelling and landscaping at the reserved matters stage.

8.3 The indicative site plan shows the proposed detached dwelling, with a footprint measuring approximately 9 metres in width and 7 metres in length. The application form indicates that the property is to be two storey in height. The applicant was advised of concerns regarding the proximity of the property to the side boundaries with no.17 Fairwood Road to the south and ‘The Bungalow’ to the north. The applicant advised that amended plans would be submitted showing a reduction in the width of the property to ensure that a minimum distance of 2 metres is maintained from the side boundaries of the site.

8.4 The proposed dwelling shown on the indicative site plan is positioned approximately 9.6 metres from the shared boundary with no.19 Fairwood Road and 20 metres from the rear elevation. The property is shown as facing onto the side elevation of no.64 Kirton Close at a distance of 10 metres. There are no windows to habitable rooms within the side elevation of no.64. The closest residential property to the proposed dwelling is ‘The Bungalow’ to the north. The proposed dwelling would be a minimum of approximately 3.4 metres from the side elevation of ‘The Bungalow’. The proposed dwelling would be a minimum of approximately 2 metres from the shared boundary

132 with the rear garden of no.17 Fairwood Road to the south. It is considered that a dwelling could be constructed on the proposed site without prejudicing the privacy or amenities of neighbouring occupiers. Concerns regarding a loss of privacy could be adequately addressed during the reserved maters application stage.

8.5 The proposed development would provide adequate amenity space for the proposed dwelling (approximately 90 square metres), whilst retaining approximately 100 square metres for the existing dwelling at no. 19 Fairwood Road.

8.6 The Operational Manager Transportation has no objections to the proposed development (see paragraph 5.4 above), subject to the deletion of one of the proposed parking spaces in order to provide adequate manoeuvring space on site. In response to representations raising concerns regarding access to the site by emergency services, the Operational Manager Transportation advises that emergency services would be able to access the site via Kirton Close (on foot) if unable to negotiate Chatsworth Close. Condition 7 is recommended in order to ensure the provision of adequate street lighting, in the interests of highway safety.

8.7 In response to objections received which have not already been addressed within the report:

(i) No trees on site are subject of Tree Preservation Orders. The applicant has not committed an offence by removing trees on the site prior to the submission of the application. (ii) Impact upon property value is not a material planning consideration.

8.8 It is recommended that outline planning permission be granted, subject to conditions.

133 134 135 LOCAL MEMBER OBJECTION

COMMITTEE DATE: 12/10/2011

APPLICATION No. 11/1455/DCO APPLICATION DATE: 19/08/2011

ED: CANTON

APP: TYPE: Full Planning Permission

APPLICANT: Mr Dorel Riglas LOCATION: JUNCTION OF COWBRIDGE ROAD WEST & WESTERN AVENUE, ELY, CARDIFF. PROPOSAL: CHANGE OF USE TO USED CAR SALES PORTCABIN & FENCING ______

RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. C7S Details of Refuse Storage

3. D3C Parking Within Curtilage

4. C3E Turning Space Within Site

5. C3S Cycle Parking

6. C3F Details of Access Road Junction

7. Prior to the commencement of development a scheme of highway improvements and programme for their implementation are to be submitted to and a approved in writing by the LPA. The scheme shall include, but not be limited to, the extension of the existing central traffic island within Western Avenue and the reconstruction and/or resurfacing as required of the adjacent carriageway including all associated works. The approved scheme shall be implemented prior to the beneficial use of the development hereby approved. Reason: To prevent ‘right turn’ manoeuvres into/out of the site in the interests of highway safety.

8. The floor space herby permitted shall not be used for purposes other than the display and sale of motor vehicles and shall not be used for any other purpose including those set out in Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or any provision equivalent to that class in any statutory instrument revoking, amending or re-enacting that Order with or without modification. Reason: To prevent other retail uses which may harm the vitality and

136 viability of defined development plan centres or threaten strategies for their protection or enhancement.

9. All vehicles for sale must be delivered to the site independently of each other and at no time shall multiple vehicles be delivered to the site by means of a vehicle transporter. Reason: in the interests of highway safety.

10. The means of site enclosure shall be constructed in accordance with the approved details prior to the development being brought into beneficial use and shall be maintained at all times. Reason To ensure that the amenities of the area and neighbouring occupiers are protected.

11. The consent relates to the application as amended by the revised site plan received on 27th September 201 attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

12. No member of the public shall be admitted to or allowed to remain on the premises between the hours of 20:00 and 09:00 Monday to Friday, 18:00 and 09:00 on a Saturday and 17:00 and 11:00 on a Sunday and Bank Holidays. Reason: To ensure the amenity of occupiers of other premises in the vicinity are protected.

13. The rating level of the noise emitted from fixed plant and equipment on the site shall not exceed the existing background noise level at any time by more than 5dB(A) at any residential property when measured and corrected in accordance with BS 4142: 1997(or any Britsh Standard amending or superseding that standard). Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

14. Prior to the commencement of development details of the proposed lighting for the site shall be submitted to and approved in writing by the Local Planning Authority. The approved lighting scheme shall be implemented prior to beneficial use of the development and thereafter maintained. Reason: In the interests of security and crime prevention, to ensure an orderly form of development and to ensure the amenity of the area and neighbouring occupiers are protected.

15. C7H No vehicle repairs on site

RECOMMENDATION 2: That the highway works required by condition 7 and any other works to the existing or proposed adopted public highway are to be subject to an agreement under Section 278 and/or 28 of the Highways Act 1980 between the developer and Local Highway Authority.

137 RECOMMENDATION 3: That the applicant be advised to liaise with the Operational Manager (Highway Operations) in order to obtain the ‘Road Opening Permit’ associated with the alterations to the access required by condition 7 that lie within the adopted highway.

RECOMMENDATION 4: That the applicant be advised there is an existing ‘Prohibition of Driving Order’ in place along the existing access road and that this will require a variation to part of it in order that the site can be legally accessed off this point. The applicant will be expected to meet any costs associated with this.

RECOMMENDATION 5: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 Planning permission is sought for the change of use of a vacant piece of land to a used car sales centre. The car sales centre will be open 7 days a week between 9am – 8pm on Monday to Friday, 9am – 6pm on Saturday and 11am – 5pm on Sundays. Up to 5 employees will be employed at the premises. 12 customer parking spaces will be provided.

1.2 A portacabin will be placed on site measuring 18.3m wide, 7.4m deep and 2.3m high. The site will be enclosed by a 1.8m high green coloured chain link fencing to the west and south. The existing facing brick wall will be retained along the eastern boundary between the site and Aldsworth road to the east.

1.3 Access to the site will be via the access road off Western Avenue. There will be two gates to the front of the site allowing access into the display and sales area. Works to the highway at the junction of the access road and Western Avenue are proposed to ensure that there is no right turn in and out of the site.

2. DESCRIPTION OF SITE

2.1 The application site is a triangular piece of land located adjacent to the roundabout where Cowbridge Road East, Cowbridge Road West and Western Avenue meet (see attached OS plan). The land was formally housing which was demolished some time ago and is now open space. Following the demolition of the houses, the land has remained vacant and has become overgrown.

138 2.2 The land is accessed via an access road off both Western Avenue and Cowbridge Road East. However, this access road is currently blocked up. The site measures approximately 18m at its widest and 115m long.

2.2 The application site is currently under the ownership of Cardiff County Council. The correct land ownership notices have been served by the applicant.

3. SITE HISTORY

3.1 Planning Permission 99/449/W – Sponsorship scheme (Planting) – Approved June 1999

3.2 Planning Permission 95/1867/W – use of land as open space and construction of wall – Approved February 1996

4. POLICY FRAMEWORK

4.1 The site lies within an existing area of housing, as defined in the adopted City of Cardiff Local Plan (January 1996). The following Local Plan policy is relevant:

11 (Design and Aesthetic Quality)

4.3 The following policies from the deposit Unitary Development Plan (October 2003) are of relevance:

2.20 (Good Design) 2.24 (Residential Amenity)

4.4 The following Supplementary Planning Guidance is of relevance:

Access, Circulation and Parking Requirements

5. INTERNAL CONSULTEES RESPONSES

5.1 The Operational Manager (Transportation) has no objection to the proposal. Several conditions are recommended in order to provide adequate car parking, turning space and upgrading works to the existing access road and its junction to Western Avenue.

5.2 The Operational Manager (Waste Management) has no objection to the scheme.

5.3 The land use policy officer has no objection to the scheme subject to the provision of condition 8 restricting the use of the land.

5.4 The Operational Manager (Operational Management) has no objection in regards to noise and air pollution subject to conditions 12 and 13.

139 6. EXTERNAL CONSULTEES RESPONSES

6.1 None

7. REPRESENTATIONS

7.1 Councillor Richard Cook wishes to object to this planning application. The access and egress from the site are onto busy roads, with very little room for turning onto and out of the site. The selling of cars will result in distractions for motorists at the roundabout and will have a detrimental effect on road safety.

7.2 The occupiers of 105 Ely Road and 29 Aldsworth Road objects to the proposal for the following reasons:

• In the last few years the road has been moved nearer to 105 Ely Road which has affected quality of life and de-valued the property added to this will now be this application which involves a business being run directly the other side of the boundary wall at the side of the property increasing noise levels again. • Added to the street lighting will now be solar lights which impact on a number of rooms in 105 Ely Road. Added car fumes when cars are being moved around or started up by prospective buyers. Also when these buyers park their own cars. • Who would be liable for any damage to neighbouring property • When alterations to the road were made at the front of 105 Ely Road they became unable to park under 100 metres away. This application would impact on any possible application the owner of the 105 Ely Road may make for a side entrance to her property to allow off street parking. • There is adequate land available on the other side of Western Avenue that was a car sales business for many years and this proposal will lead to an overdevelopment of this area for car sales purposes particularly as there is a similar site to the west of the application site. • If this application is approved, the occupier of 105 Ely Road is requesting compensation for disturbance and the impact on quality of life. • Due to the profile of the land the portacabin will be visible above the back garden wall of 29 Aldsworth Road. Due to the proximity to the wall, the portacabin will be a security risk as it could provide access to the adjoining land of 29 Aldsworth Road. • The proposal will have a significant negative affect on the occupiers of 29 Aldsworth Road in relation to noise and night time lights.

8. ANALYSIS

8.1 The key issues are the effect of the proposal upon the character and appearance of the area, the living conditions of neighbours and highway safety.

8.2 The site is identified as existing residential land in the City of Cardiff Local Plan. The housing that formally occupied the site has been demolished

140 because of issues with air quality/pollution and the site lies vacant. The land use policy officer notes that the use of the site for car sales would therefore be acceptable in principle subject to an assessment of the impact of the proposal upon the residential amenity of neighbours. A condition restricting the use of the land to that applied for (i.e. car sales) would be necessary.

8.3 The proposed portacabin and fencing is considered acceptable in regards to their appearance. Although the site is visible from Western Avenue it is set off the main highway and the portacabin will be of a single storey scale and would not appear incongruous within the street scene. In addition the proposed green wire link fencing is also considered acceptable and will not prejudice the visual amenities of the area. It is noted that the existing brick enclosure to the east of the site, adjacent tot the properties on Aldsworth Road is to be retained.

8.4 In regards to residential amenity, the Operational Manager (Pollution Control) has no objection to the proposal subject to conditions restricting opening hours and plant noise. It is noted that the dwellings to the rear are between 15 – 25m from the site and the existing brick wall between the site and the houses to the rear will be retained. Accordingly, it is not considered that the proposal will prejudice the residential amenity of neighbours.

8.5 The Operational Manager (Transportation) has fully considered the proposal and confirms that subject to the required works to the highway the proposal is considered acceptable. It is not considered that the proposed access to the site will prejudice highway safety. It is noted that there are premises to the west of the site, on the other side of Western Avenue, which has historically been used for car sales without any detriment to the safety of highway users. The proposed works will ensure that there is no ability for vehicles to turn right into and out of the site. This will ensure that vehicles can only access the site whilst travelling north to south along Western Avenue. In addition the access road, where nearest to Cowbridge Road East will remain blocked to ensure that the access road to the site does not become a ‘rat run’ of users of Western Avenue in order to miss the roundabout to the east of the site. The applicant is aware of the need to enter into a legal agreement under Section 278 of the Highway Act in order for this work to the adopted highway to be completed. In addition a further condition restricts the delivery of vehicles to the site by means of a transporter as the current access would not be wide enough to allow such deliveries. Committee should note that along this section of Western Avenue there is a no stopping restriction which would ensure that no delivery vehicle is permitted to stop along Western Avenue.

8.6 In regards to the comments received from Cllr Cook and neighbours which have not been covered above, the following points should be considered:

• The operational manager (pollution control) has considered the proposal and it is not considered that the proposal will lead to a rise in noise or air pollution subject to conditions 12 and 13. • The effect of the proposal upon the valuation of neighbouring properties is not a material planning consideration.

141 • The effect of the historical works along Western Avenue upon the occupier of 105 Ely Road are not a material planning consideration. • Condition 14 will ensure that full details of the lighting and their luminance will be submitted to the LPA prior to the commencement of development. This will ensure that the amenity of neighbours will be maintained. • Any damage to neighbouring properties as a result of this development is a civil issue and not a material planning consideration. • It is not considered that this application will prejudice any future application for planning permission at 105 Ely Road. • The application has been submitted and it must be decided upon its own merits in regards to the relevant land use policies. It is noted that there has historically been a site to the west of the application site used for car sales. It is not considered that this application prejudices the general character of the area and will result in the over concentration of one use in this area. • The proposed portacabin is single storey in scale and sited within the application site. The roof of the portacabin may just be visible above the brick wall along the eastern boundary of the site. The portacabin will be between 15 – 25m from the dwellings on Aldsworth Road. It is not considered that the portacabin will prejudice the visual amenities of neighbours. • The proposal is not considered to lead to an increase in crime in the area. Any trespass onto neighbouring properties should be reported to the Police.

8.7 Planning permission is recommended for approval.

142 143 144 LOCAL MEMBER COMMENTS

COMMITTEE DATE: 12/10/2011

APPLICATION No. 11/1487/DCO APPLICATION DATE: 26/08/2011

ED: PENYLAN

APP: TYPE: Variation of conditions

APPLICANT: Kasaverde Ltd LOCATION: WATERLOO GARDENS TEAHOUSE, 5 WATERLOO GARDENS, PENYLAN, CARDIFF, CF23 5AA PROPOSAL: VARIATION OF CONDITION 2 OF PLANNING PERMISSION 08/00580/E TO READ NO MEMBER OF THE PUBLIC SHALL BE ADMITTED TO OR ALLOWED TO REMAIN ON THE PREMISES BETWEEN THE HOURS OF 20:30 AND 08:00 THURSDAY FRIDAY SATURDAY AND 18:00 AND 08:00 ON ANY OTHER DAY ______

RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. Members of the public are only allowed to be admitted to or to remain on the premises between the hours of 08:00 and 20:30 hours on Thursday, Friday and Saturday and between the hours of 08:00 and 18:00 on any other day. Reason To ensure that the amenities of occupiers of other premises in the vicinity are protected

3. The rating level of the noise emitted from fixed plant and equipment (such as air handling units including air conditioning; refrigeration plant and compressors, etc.) on the site shall not exceed the existing background noise level at any time by more than 5dB (A) at any residential property when measured and corrected in accordance with BS 4142: 1997. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

4. The use of the premises shall be restricted to the interior of the existing building only. Reason: To ensure that the privacy and amenities of the occupiers of the adjoining properties are protected.

5. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any Order amending or revoking and re-enacting that Order) no cooking or sale of hot food for consumption on or off the premises shall take place from the premises.

145 Reason: To ensure that the use of the premises does not prejudice the amenities of the area and to ensure highway safety is maintained.

6. A 1.8 metre (minimum) solid means of enclosure shall be retained at all times along the north western elevation of the application site adjacent to the windows in the side (north west) elevation of the rear annex. Reason: To ensure that the privacy of the occupiers of the adjoining occupiers are protected.

RECOMMENDATION 2: The applicant be advised that this permission does not extend to the installation of any external security shutters. Should these be required, a further application for planning permission must be submitted.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 Planning permission 08/580/E approved the change of use of 5 Waterloo Gardens from a butcher’s shop and bedsit to a teahouse with new shop front. Condition 2 of this permission states:

“No member of the public shall be admitted to or allowed to remain on the premises between the hours of 18:00 and 08:00 on any day Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.”

1.2 Planning permission is sought to vary condition 2 of planning permission 08/580/E so that it would allow the premises to open until 20:30 hours on Thursday, Friday and Saturday evenings. On the remaining days, the unit will open till 18:00 hours as currently permitted.

2. DESCRIPTION OF SITE

2.1 The application site is a mid terraced property within a residential area and the Roath Gardens Conservation Area. The application site is in the middle of a small parade of commercial properties consisting of a retail store, post office and hair dressers. There is residential accommodation at first floor level above all units and to the north and south east of the site along Waterloo Gardens. To the south are Waterloo Gardens and to the west are Roath Mill Gardens.

3. SITE HISTORY

3.1 Planning Permission 08/580/E – Change of use to teahouse from butcher’s shop and ground floor bedsit along with new shop front – April 2008

3.2 Planning permission 99/942/R – Change of use of butcher’s shop to children’s nursery with new shop front and rear conservatory, rear dormer and new escape stair to rear garden – Approved July 1999.

146 4. POLICY FRAMEWORK

4.1 The site lies within Roath Gardens Conservation Area. The following Local Plan policies are of relevance to the determination of this application:

Policy 3 (Development in Conservation Areas) Policy 11 (Design and Aesthetic Quality) Policy 17 (Parking and Servicing Facilities)

4.3 The following policies from the deposit Unitary Development Plan (October 2003) are also of relevance:

Policy 2.20 (Good Design) Policy 2.24 (Residential Amenity) Policy 2.53 (Conservation Areas) Policy 2.57 (Access Circulation and Parking Requirements)

4.4 The following supplementary planning guidance is also of relevance:

• Restaurants, Takeaways and Other Food and Drink Uses • Access, Circulation and Parking Requirements • Roath Gardens Conservation Area Appraisal.

5. INTERNAL CONSULTEES RESPONSES

5.1 The Operational Manager (Transportation) has no objection to the proposal.

5.2 The Operational Manager (Pollution Control) has no objection to the proposal.

5.3 The Operational Manager (Waste Management) has no objection to the scheme.

6. EXTERNAL CONSULTEES RESPONSES

6.1 The Crime Reduction Design Advisor has no objection to the scheme. 6.2 The East Cardiff Conservation Group has no objection and notes that the tea shop has blended well into the conservation area.

7. REPRESENTATIONS

7.1 All adjoining occupiers/owners were notified of the application along with the proposal being advertised by way of a site and press notice. The site notice expired on 7th October 2011.

7.2 Jenny Willott MP has offered the following comments:

“I am told that some local residents are very concerned by this application, with particular worries about parking problems and noise disturbance, and I

147 can understand their concerns. I know that these concerns have been going on for a number of years and that the local councillors have been heavily involved in trying to resolve the situation to the satisfaction of both local residents and traders.

I understand that the current licence does not permit the use of the rear garden and ensuring that this restriction continues should ease concerns about noise disturbance.

However, it is of value to the community to have a vibrant business in this parade of shops and the Teahouse is supported by many local residents. The events will continue to be limited in number and are primarily held to raise money for charities.

I hope that you take these issues into account when you review the application and I hope you can find solution which protects local residents’ rights whilst allowing Mr Ali to hold a limited number of charity events.”

7.3 Councillors William Kelloway and Freda Salway make the following observations:

“We have been contacted by the applicant, a number of residents who have written in support of the application and a number of residents who oppose the application. We wish to make the following comments to help inform the members of the Planning Committee in their determination of the application.

The Waterloo Gardens Tea House was opened in 2008, following a successful planning application for change of use of a former butcher’s shop and ground floor bed-sit to Tea Shop, together with a new shop front at 5, Waterloo Gardens. In agreeing to grant planning consent, the planning committee imposed 8 conditions. The second condition specified that: “No member of the public shall be admitted to or allowed to remain on the premises between the hours of 18.00 and 08.00 on any day. The reason for condition 2 was stated in the “Permission For Development” document as: “To ensure that the amenities of occupiers of other premises in the vicinity are protected.”

The Tea House is situated in premises that had formerly operated as a butcher’s shop but which had been vacant for an extended period of time. It has, therefore, brought the premises back into beneficial use. Since opening in 2008, the Tea House, which is tastefully designed and decorated, has integrated well into the parade of shops at Waterloo Gardens and represents an appropriate addition to the conservation area. It has proven to be a popular social meeting place for local residents and visitors from further afield and has won a number of prestigious awards including the title of best national coffee shop in the Bev-E awards of 2009. There is no doubt that the popularity of the Tea Shop, which also houses a popular and successful art gallery, has attracted visitors to Waterloo Gardens and it has probably helped contribute to the continued viability of the of other business premises in the immediate area.

148

Some time after the opening of the Tea Shop, it became apparent that events, such as art exhibitions, poetry readings and book launches were being advertised and held in the early evening period - in breach of condition 2. The Council’s Planning Enforcement team was alerted and appropriate enforcement action was taken. The current application has arisen as a result of the desire of the operator of the Tea House to continue to open the premises, on a limited number of occasions, beyond 6.00 pm.

In support of the application, the applicant has pointed out that there is widespread support for later opening of the premises on a limited basis from patrons of the Tea House, local residents and adjacent businesses and he has provided a portfolio containing numerous letters of support. He has pointed out that, under the terms of the application, the extended hours of operation (until 8.30 pm) would apply on only three evenings per week (Thursday, Friday and Saturday) and that he does not plan to open beyond 6.00 pm more than about 18 occasions per annum. The purpose of the application is to provide sufficient flexibility to allow events and exhibitions, some of which raise funds for charities such as Marie Curie, when it suits the charities or artists concerned. The applicant has stated that he is keen to be a good neighbour and that he is willing to meet and work with local residents who might be affected by later opening in order to resolve their concerns in a mutually satisfactory way.

Numerous correspondents, living in the general locality of Waterloo Gardens and from further afield, have expressed their support for later opening hours in letters and e-mails. It is apparent from these communications that many people place a high value upon the quality of service provided by the Tea House and agree that it brings positive community benefits to the locality.

A number of residents who live immediately adjacent to the parade of shops have expressed their opposition to the proposal to extend the opening times of the Tea House into the early evening period. These residents were disappointed that planning consent was granted for A3 use of the premises in 2008 and view the maintenance of conditions imposed by the Planning Committee, particularly those imposed to ensure their amenities are protected, as being of critical importance. They do not wish to see them diluted in any way. They point out that if the conditions are relaxed it would be in perpetuity and that an essential element of the protection afforded by them would be removed irrespective of any future use to which the premises may be put within the A3 use class. The objectors state that they have seen a rise in the number of vehicles visiting the Waterloo Gardens Shopping Parade in recent years such that competition for on street parking places often precludes the possibility of them being able to park near their homes. It is asserted that the later opening hours of other businesses has extended this problem into the early evening period and that variation of condition 2 would further exacerbate this problem, thereby prejudicing their amenity and compromising highway safety. It has also been stated by nearby residents that, on the occasions when the Tea House has opened later in breach of condition 2, the noise emanating from the premises and from patrons

149 accessing and leaving the premises in the early evening has interfered with the quiet enjoyment of their homes and, as such, has been detrimental to their privacy and amenity. It has also been suggested that patrons have been admitted to the rear outside garden area in the evenings causing noise outside the building.

We trust the aforementioned comments will help inform the Planning Committee Members’ deliberations when determining this application.”

7.4 Four letters/emails of objection have been submitted from the occupiers of No’s 9, 11 and 13 Waterloo Gardens and 19 Stallcourt Close. They object for the following reasons:

• To date the occupiers have not complied with the conditions on planning permission 08/580/E restricting operating hours, the use of the garden and the sale of hot food. This has lead to a Breach of Condition Notice being served. In addition, shutters have been installed on the shop front without planning permission. • The non compliance with these conditions have affected the character of the area. • Altering the opening hours will exasperate an already over developed part of the conservation area. • The applicant has been encouraging customers to write letters of support. This enterprise is a business not a local amenity. To portray this café as anything other than a local enterprise which to date has shown no regard for residents and has flouted most of the existing restrictions is being economical with the truth. • The traffic has increased since the opening of the new shops along Waterloo Gardens some years ago. Extending the opening hours will increase even more the amount of traffic and parking problems for residents already unable to park their cars outside their properties due to the heavy volume of traffic that is already in existence. In addition, the heavy traffic prejudices highway safety along the junction of Waterloo Gardens and Waterloo Road. • Residents have requested the Local Authority consider ‘Resident Parking’ in the vicinity. • Extended opening hours will lead to an increase in noise that comes from the teahouse to the extent that local residents can not fully enjoy their gardens and homes throughout the day. • The original application was submitted by Mr. Ali Kasim whereas the more recent application has been made by Kasaverde Ltd. What is the connection between the applicants. • The premises are being hired out and plays live music

7.4 10 letters/emails of support have been received in response to the public consultation along with 40 emails of support submitted by the applicant. This communication comes from people occupying in 1, 5a, 7 23 Waterloo Gardens along with other areas within Penylan such as Barons Court Road, Sturminster Road, Kimberley Road, Stallcourt Ave, Ilton Road, Deri Road, Waterloo Road, Westville Road, Marlborough Road, Sandringham Road,

150 Llwyn Y Grant Place, Amesbury Road and Colchester Avenue. Further emails of support have came from other areas of the City such as Roath, Plasnewydd and Splott along with employees of Media Wales, dippyegg.net, Buzz Magazine, In the zone Sport and Politics Consultancy, Tracing Flight Readings, Sherman Cymru, University of Cardiff, Milkwood Gallery.

8. ANALYSIS

8.1 The key issues are how the proposal would affect the character of the area, living conditions of neighbour and highway safety.

8.2 It is not considered that the proposed increase in operating hours will detract from the character of the area. This area of Waterloo Gardens is an established small parade of mixed uses. The premises has been operating as a teahouse for a number of years and the increase in operating hours will not adversely affect the general character of the area. Although not a designated local centre, this small parade of commercial uses brings a certain vibrancy to this part of the Conservation Area and the teahouse, in its limited capacity as an A3 use adds to this.

8.3 The Operational Manager (Transportation) has considered the objections and has raised no objection. Although officers notes that there is a high demand on parking in the area, it is not considered that the proposal would prejudice highway safety. As the former retail shop, the premises may have resulted in a large amount of short term car parking and it is not considered that extending the opening hours would lead to a significant rise in the need for additional parking thereby warranting a refusal of planning permission.

8.4 The Operational Manager (Pollution Control) has considered the proposal in regards to noise and air pollution and raises no concern in regards to the increase in operating hours.

8.5 Having regard to the lack of objection from any internal consultee, on balance it is considered that the proposed extension of operating hours till 8:30pm for three days a week is considered acceptable. Conditions will remain on any permission restricting takeaway sales and the cooking of hot food for consumption on or off the premises to ensure that should the current applicant dispose of the site, a further application would be required to use the premises as a traditional café or hot food takeaway. Such applications would have to be determined based on their own merits.

8.5 In regards to the comments made by neighbours which are not covered above, the following should be noted.

• A breach of condition notice was served in respect of the breach of condition 2 of planning permission 08/580/E. Notwithstanding the service of this notice, Planning Committee should make a decision based on the acceptability of the proposal. Should permission be granted, the service of this notice will be withdrawn by the Councils Planning Enforcement Service as the breach of planning control will no longer exist.

151 • The Councils Planning Enforcement Service is currently investigating the erection of roller shutters to the front of the premises. • The Local Planning Authority can not discourage or refuse to accept any correspondence of support submitted by the applicant. All representations received are reported to Planning Committee. • The request that the Council introduce resident only parking within the vicinity has been forwarded to the Operational Manager (Transportation) for his consideration. • The difference in applicants between planning permission 08/580/E and this application is not a material planning consideration. Any person can submit a planning application providing the correct administrative procedures are followed which has been the case in regards to the current application. • Should neighbours experience nuisance caused by noise originating from the premises they should contact the Operational Manager, Environment (Pollution Control) for his team to investigate the matter.

8.6 Accordingly planning permission to vary condition 2 to allow an extension to the operating hours on Thursday, Friday and Saturday evenings is recommended. All other conditions attached to planning permission 08/580/E remain in force. Planning Committee should note that the correct procedure is to re-issue a new planning permission including all relevant conditions from the previous permission. As conditions 7 and 8 of planning permission 08/580/E were discharged on 1st September 2008 these are not required to be included on any new permission granted.

152 153