CITY AND COUNTY OF SWANSEA
NOTICE OF MEETING
You are invited to attend a Meeting of the
AREA 2 DEVELOPMENT CONTROL COMMITTEE
At: Council Chamber, Civic Centre, Swansea.
On: Tuesday, 19 February, 2013
Time: 2.00 pm
Members are asked to contact John Lock (Planning Control Manager) on 535731 or Ryan Thomas (Team Leader) on 635733 should they wish to have submitted plans and other images of any of the applications on this agenda to be available for display at the Committee meeting.
AGENDA Page No. 1. To receive Apologies for Absence.
2. To receive Disclosures of Personal and Prejudicial Interests from 1 Members.
3. To approve as a correct record the Minutes of the meeting of the 2 - 10 Area 2 Development Control Committee held on 22 January 2013.
4. Items for deferral / withdrawal.
5. Determination of planning applications under the Town and 11 - 102 Country Planning Act 1990.
Patrick Arran Head of Legal, Democratic Services & Procurement 12 February 2013 Contact: Democratic Services - 636824
ACCESS TO INFORMATION LOCAL GOVERNMENT ACT 1972 (SECTION 100) (AS AMENDED)
(NOTE: The documents and files used in the preparation of this Schedule of Planning Applications are identified in the ‘Background Information’ Section of each report. The Application files will be available in the committee room for half an hour before the start of the meeting, to enable Members to inspect the contents).
Agenda Item 2 Disclosures of Personal Interest from Members
To receive Disclosures of Personal Interest from Members in accordance with the provisions of the Code of Conduct adopted by the City and County of Swansea. You must disclose orally to the meeting the existence and nature of that interest.
NOTE: You are requested to identify the Agenda Item / Minute No. / Planning Application No. and Subject Matter to which that interest relates and to enter all declared interests on the sheet provided for that purpose at the meeting.
1. If you have a Personal Interest as set out in Paragraph 10 of the Code, you MAY STAY, SPEAK AND VOTE unless it is also a Prejudicial Interest.
2. If you have a Personal Interest which is also a Prejudicial Interest as set out in Paragraph 12 of the Code, then subject to point 3 below, you MUST WITHDRAW from the meeting (unless you have obtained a dispensation from the Authority’s Standards Committee)
3. Where you have a Prejudicial Interest you may attend the meeting but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise. In such a case, you must withdraw from the meeting immediately after the period for making representations, answering questions, or giving evidence relating to the business has ended, and in any event before further consideration of the business begins, whether or not the public are allowed to remain in attendance for such consideration (Paragraph 14 of the Code).
4. Where you have agreement from the Monitoring Officer that the information relating to your Personal Interest is sensitive information, as set out in Paragraph 16 of the Code of Conduct, your obligation to disclose such information is replaced with an obligation to disclose the existence of a personal interest and to confirm that the Monitoring Officer has agreed that the nature of such personal interest is sensitive information.
5. If you are relying on a grant of a dispensation by the Standards Committee, you must, before the matter is under consideration: (i) disclose orally both the interest concerned and the existence of the dispensation; and (ii) before or immediately after the close of the meeting give written notification to the Authority containing -
- details of the prejudicial interest; - details of the business to which the prejudicial interest relates; - details of, and the date on which, the dispensation was granted; and - your signature
D:\moderngov\Data\AgendaItemDocs\5\9\1\AI00003195\$aoc2tbxj.docPage 1 Agenda Item 3
CITY AND COUNTY OF SWANSEA
MINUTES OF THE AREA 2 DEVELOPMENT CONTROL COMMITTEE
HELD ON TUESDAY 22 JANUARY 2013 AT THE CIVIC CENTRE, SWANSEA AT 2.00 P.M.
PRESENT: Councillor R Francis-Davies (Chair) presided
Councillor(s): Councillor(s): Councillor(s):
M C Child T J Hennegan C L Philpott A C S Colburn L James J A Raynor D W Cole J W Jones T H Rees A M Cook S M Jones J C Richards S W Crouch D J Lewis G J Tanner S P Curtice R D Lewis C M R W D Thomas W Evans K E Marsh M Thomas E W Fitzgerald J Newbury L V Walton F M Gordon G Owens
Also Present:
Councillor(s): Councillor(s):
J C Bayliss C R Doyle
44. APOLOGIES FOR ABSENCE
Apologies for absence were received from Councillors J E Burtonshaw, U C Clay, Y V Jardine, A J Jones, P Lloyd, R J Stanton and M Theaker.
45. DECLARATION OF INTEREST
In accordance with the Code of Conduct adopted by the City and County of Swansea, the following interests were declared:
Councillor C L Philpott - Personal - Minute No. 48 (Item 12) - I own a site licence on the application site and left during discussion.
46. MINUTES
RESOLVED that the minutes of the Area 2 Development Control Committee held on 4 December 2012 be agreed as a correct record.
Page 2 Minutes of the Area 2 Development Control Committee (22.01.2013) Cont’d
47. ITEMS FOR DEFERRAL/WITHDRAWAL
The undermentioned planning application BE DEFERRED for the reasons indicated below:
(Item 11) Application No. 2012/1524
Variation of condition of a planning permission 724/72 granted 12 March 1973 to allow for holiday occupation of the touring caravans between 1 April (or Good Friday if earlier) and 15 January.
Reason
At the applicant’s request to consider appropriate condition to control the occupation of the units.
48. SCHEDULE OF PLANNING APPLICATIONS UNDER THE TOWN AND COUNTRY PLANNING ACT 1990
The Planning Control Manager submitted a schedule of outline applications, reserved matters and planning applications.
Amendments to this schedule were reported and are indicated below by (#).
RESOLVED that:
(1) the undermentioned planning applications BE APPROVED subject to the conditions in the report and/or indicated below:
# (Item 1) Application No. 2011/0578
Two storey side extension at 3 Cyncoed Close, Dunvant, Swansea.
(NOTE: Application approved contrary to officer recommendation for the following reasons and subject to the conditions listed below:
Page 3 Minutes of the Area 2 Development Control Committee (22.01.2013) Cont’d
Reason
• The proposed development is considered to be in keeping with the character and appearance of the streetscene and visual amenities of the area.
Conditions
01. The development hereby permitted shall begin not later than five years from the date of this decision.
Reason
To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990.
02. The proposed window and door in the side elevation of the extension hereby approved shall be obscure glazed and shall be retained as such unless otherwise agreed in writing by the Local Planning Authority.
Reason
In the interests of the residential amenities of neighbours.)
# (Item 3) Application No. 2012/1421
Detached dwelling at land adjacent to 11 West Cliff, Southgate, Swansea.
(NOTE: Mr. Snell (objector) addressed the Committee. A visual presentation was provided. 1 additional letter of concern reported.)
Additional Condition added
The accommodation is indicated on Plan No. 1157 - SH55P003 (Proposed Basement Plan) received 23 October 2012 shall only be used as accommodation ancillary to the use of the main dwelling.
Page 4 Minutes of the Area 2 Development Control Committee (22.01.2013) Cont’d
Reason
For the avoidance of doubt and in the interests of residential amenity and highway safety.
# (Item 4) Application No. 2012/1511
Two front dormers, one rear roof extension and single storey extension at 7 South Close, Bishopston, Swansea.
(NOTE: Mr. Prosser (applicant) addressed the Committee.
A visual presentation was given.
Two late letters of objection were reported.
Application approved contrary to officer recommendation for the following reason and subject to the conditions listed below:
Reason
• The proposed development is considered to be in keeping with the character and appearance of the streetscene and visual amenities of the area.
Conditions
01. The development hereby permitted shall begin no later than five years from the date of this decision.
Reason
To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990.
02. The materials of the external surfaces of the two front dormers and rear roof extension shall match that of the roof of the main dwelling.
Reason
In the interests of the visual amenities of the area.)
Page 5 Minutes of the Area 2 Development Control Committee (22.01.2013) Cont’d
# (Item 5) Application No. 2010/1272
Three detached dwelling houses with integral garages at land adjacent to 118 Coalbrook Road, Grovesend, Swansea
(NOTE: No objections from Welsh Water reported.)
(Item 6) Application No. 2011/1484
Detached dwelling at land adjacent to Coastlands Oxwich Swansea.
(Item 7) Application No. 2012/1418
Erection of garage at Annie’s Stables, Middleton, Swansea.
# (Item 8) Application No. 2012/1427
Drilling of an appraisal borehole for the purpose of coal bed methane exploration at Llys Nini Animal Centre Pontarddulais Road, Penllergaer, Swansea.
(NOTE: Mr. Childs (objector) and Mrs Hyman (RSPCA) addressed the Committee.
Report updated as follows:
Page 75 - This application was also called in by Councillor Fitzgerald on 19 November 2011.
Page 80, Second paragraph - Typographical error - “Local Planning Authority” should read “Local Authority under Environmental legislation”.
With regard to the requirements for an Environmental Impact Assessment, this is controlled under the provisions of the Town and Country Planning Environmental Impact Regulations which specify criteria and thresholds for forms of development that should be screened to determined whether an EIA is required. The proposed development is for a bore hole which, in this instance, does not fall within any of the stated thresholds and therefore does not require an EIA.
Page 6 Minutes of the Area 2 Development Control Committee (22.01.2013) Cont’d
13 late letters of objection reported.)
(Item 9) Application No. 2012/1443
Variation of condition 01 of planning permission 2005/2017 th granted on 6 November 2007 to allow for the extension of time in which to commence the development for a further period of 5 years at Llangennith Playing Fields, Llangennith, Swansea.
# (Item 12) Application No. 2012/1657
Front and side decked area at F13 Greenways Leisure Park, Oxwich, Gower, Swansea.
(2) the undermentioned planning applications BE REFERRED to the DEVELOPMENT MANAGEMENT AND CONTROL COMMITTEE as a departure from the Development Plan with a recommendation that it be approved subject to the conditions in the report.
(Item 2) Planning Application No. 2012/1473
Use of fields for temporary folk camp for a maximum of 40 units from 20 July 2013 to 16 August 2013 (inclusive) at Field 2255 Weobly Castle Farm Llanrhidian, Swansea.
(NOTE: Mr. Green (applicant) addressed the Committee. Application approved contrary to officer recommendation for the following reason).
Reason
The unique nature of the use and the associated economic and social benefits of the proposal are considered to outweigh the temporary visual impact upon the character and appearance of the Gower AONB.
(Item 10) Application No. 2012/1606
Change of us from agricultural land to camp site for 5 touring caravans.
Page 7 Minutes of the Area 2 Development Control Committee (22.01.2013) Cont’d
(NOTE: Mrs Stewart (agent) addressed the Committee.)
Application approved contrary to officer recommendation for the following reason:
Reason
The proposal is considered to be in keeping with the UDP Policy which seeks to encourage small scale developments of the nature on farms.
# (Item 13) Application No. 2012/1505
New residential centre, training centre outside toilet/shower, de-kit and waste recycling building, erection of four barns/outbuildings, replacement timber bridge, two polytunnels car parking area and provision of footpaths and turning area at Little Bryn Gwyn Farm, Cillibion Nr Llanrhidian, Gower, Swansea.
(NOTE: Mr. McKenna (applicant) addressed the Committee. No objections from Dwr Cymru Welsh Water reported).
Amended Condition 2 as follows:
No development shall take place without the prior written approval of the Local Planning Authority of a scheme for the landscaping of the site, including the retention and enhancement of the existing perimeter boundary hedges. The landscaping scheme shall…..”
Amend Condition 3 as follows:
Notwithstanding the submitted plans samples of external finishes, including the colour of the lime render, shall be submitted to and approved in writing….
Page 8 Minutes of the Area 2 Development Control Committee (22.01.2013) Cont’d
Add Condition 16:
Notwithstanding the submitted plans details for the surfacing of the walkway spine, turning circle, access track and car parking area shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The development shall be completed and maintained in accordance with the approval details unless otherwise agreed in writing by the Local Planning Authority.
Reason
To protect the character and appearance of the Gower AONB.
49. PLANNING APPLICATION 2012/1189 - PLOT 1 AND 2, GOWERTON ROAD, PENCLAWDD
The Planning Control Manager submitted a report which outlined the details of the above application which was deferred at the last meeting in accordance with the two stage voting procedure.
He reported that revised plans had been received relating to the construction of soakaways in the front garden.
Additional Condition added regarding planting along the new boundary.
06. Within 12 months from the date of this planning permission a scheme for the landscaping of the rear boundary of the site shall be completed in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority prior to any planting. Any trees or shrubs planted in accordance with this condition which are removed, die or become seriously diseased within five years of planting shall be replaced by trees or shrubs of similar size and species to those originally required to be planted.
Reason
In the interests of the residential amenities of neighbours and the visual amenities of the area.
Mr. Mainwaring (applicant) addressed the Committee.
Page 9 Minutes of the Area 2 Development Control Committee (22.01.2013) Cont’d
RESOLVED that the application BE APPROVED subject to the condition set out in the report to the Area 2 Development Control Committee held on 4 December 2012.
The meeting ended at 4.12 p.m.
CHAIR
S: Area 2 Development Control Committee - 22 January 2013 nd (GB/HCR) 22 January 2013
Page 10
CITY AND COUNTY OF SWANSEA 1. BISHOPSTON DINAS A SIR ABERTAWE 5. COCKETT
7. DUNVANT Report of the Head of Economic Regeneration 8. FAIRWOOD & Planning to the Chair and Members of the 9. GORSEINON Area 2 Development Control Committee 10. GOWER 11. GOWERTON 12. KILLAY NORTH DATE: 19TH FEBRUARY 2013 13. KILLAY SOUTH 29 14. KINGSBRIDGE 18. LOWER LOUGHOR 20. MAYALS 9 27 35 23. NEWTON 18 24. OYSTERMOUTH 14 25. PENCLAWDD 27. PENLLERGAER 11 28. PENNARD
Page 11 5 29. PENYRHEOL 25 32. SKETTY 35. UPPER LOUGHOR 7 8 12 36. WEST CROSS
13 32
20
10 Agenda Item5 36 28 1 23 24
Phil Holmes BS(Hons), MSc, Dip Econ Head of Economic Regeneration & Planning
CONTENTS
OFFICER ITEM APP. NO. SITE LOCATION REC.
1 2009/0744 Land to the rear of Greenways 114 Brithwen Road APPROVE Waunarlwydd Swansea SA5 4QX Construction of 10 terraced dwellings with associated car parking and landscaping (additional information received on drainage and ecology)
2 2012/1180 Land adjacent 24 Southerndown Avenue Mayals APPROVE Swansea SA3 5EL Two detached dwellings
3 2012/1005 Land to rear of 16 Frampton Road Gorseinon Swansea APPROVE SA4 4XY Construction of 3 pairs of semi-detached dwellings, a terrace of 3 dwellings and a terrace of 4 dwellings (outline)
4 2012/1684 Ty Eithin 11 West Street Gorseinon Swansea SA4 4DZ APPROVE Change of use from council offices (Class B1) to residential (Class C3) to create of 6 no. 1 bed apartments for the over 55’s and 1 no. 6 bed assisted living unit together with external alterations and reconfiguration of two parking areas.
5 2011/1348 Parc Le Breos House Parkmill Swansea SA3 2HA APPROVE Construction of a two storey building comprising three 2 bedroomed units of holiday accommodation
6 2012/1524 Newpark Holiday Park, Port Eynon, Swansea SA3 1NP APPROVE Variation of condition a of planning permission 724/72 granted 12th March 1973 to allow for holiday occupation of the touring caravans between 1st March and 15th January.
7 2012/1671 Paviland Manor, Rhossili, Swansea SA3 1PE APPROVE Two agricultural buildings (application for Prior Notification of Agricultural Development)
Page 12 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19 FEBRUARY 2013
OFFICER ITEM APP. NO. SITE LOCATION REC.
8 2012/1672 Area outside the toilet block at Port Eynon Bay Gower APPROVE Swansea SA3 1NL Siting of storage container for a temporary period of three years
9 2013/0005 Bettys Meadow Slade Gower SA3 1NA APPROVE Increase in ridge height to form front and rear gables, front dormer and alterations to roof of existing rear extension to include flat roof and balcony
Page 13 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19 FEBRUARY 2013 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 1 APPLICATION NO. 2009/0744 WARD: Cockett Area 2
Location: Land to the rear of Greenways 114 Brithwen Road Waunarlwydd Swansea SA5 4QX Proposal: Construction of 10 terraced dwellings with associated car parking and landscaping (additional information received on drainage and ecology)
Applicant: Grwp Gwalia Cyf
2 1
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6 9 Rock House
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Mill Farm
NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright. Page 14 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 1 (CONT’D) APPLICATION NO. 2009/0744
BACKGROUND INFORMATION
POLICIES
Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).
Policy EV2 The siting of new development shall give preference to the use of previously developed land and have regard to the physical character and topography of the site and its surroundings. (City & County of Swansea Unitary Development Plan 2008).
Policy EV3 Proposals for new development and alterations to and change of use of existing buildings will be required to meet defined standards of access. (City & County of Swansea Unitary Development Plan 2008)
Policy EV18 In exceptional circumstance permission maybe granted for the development of small local needs affordable housing sites within and adjoining settlements. (City & County of Swansea Unitary Development Plan 2008)
Policy EV20 In the countryside new dwellings will only be permitted where justification is proved in terms of agriculture, forestry or the rural economy; there is no alternative existing dwelling in nearby settlements; and the proposed dwelling is located close to existing farm buildings etc. (City & County of Swansea Unitary Development Plan 2008)
Policy EV23 Within green wedges development will only be permitted if it maintains the openness and character of the green wedge and does not contribute to the coalescence of settlements or adversely affect the setting of the urban area. (City & County of Swansea Unitary Development Plan 2008)
Policy EV24 Within the greenspace system, consisting of wildlife reservoirs, green corridors, pocket sites and riparian corridors, the natural heritage and historic environment will be conserved and enhanced. (City & County of Swansea Unitary Development Plan 2008)
Policy EV25 Development, alone or in combination with other plans or projects, which is likely to adversely affect the integrity of a European protected site (SAC, Marine SAC, SPA and Ramsar Sites) and is not directly connected with or necessary to the management of the site. (City & County of Swansea Unitary Development Plan 2008)
Policy EV30 Protection and improved management of woodlands, trees and hedgerows which are important for their visual amenity, historic environment, natural heritage, and/or recreation value will be encouraged. (City & County of Swansea Unitary Development Plan 2008) Page 15 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 1 (CONT’D) APPLICATION NO. 2009/0744
Policy EV33 Planning permission will normally only be granted where development can be served by the public mains sewer or, where this system is inadequate, satisfactory improvements can be provided prior to the development becoming operational. (City & County of Swansea Unitary Development Plan 2008)
Policy EV34 Development proposals that may impact upon the water environment will only be permitted where it can be demonstrated that they would not pose a significant risk to the quality and or quantity of controlled waters. (City & County of Swansea Unitary Development Plan 2008)
Policy EV35 Development that would have an adverse impact on the water environment due to: i) Additional surface water run off leading to a significant risk of flooding on site or an increase in flood risk elsewhere; and/or, ii) A reduction in the quality of surface water run-off. Will only be permitted where it can be demonstrated that appropriate alleviating measures can be implemented. (City & County of Swansea Unitary Development Plan 2008)
Policy EC13 Development that would result in the loss of the best and most versatile agricultural land will not normally be permitted. (City & County of Swansea Unitary Development Plan 2008)
Policy EV22 The countryside throughout the County will be conserved and enhanced for the sake of its natural heritage, natural resources, historic and cultural environment and agricultural and recreational value through: i) The control of development, and ii) Practical management and improvement measures. (City & County of Swansea Unitary Development Plan 2008)
Policy HC2 Housing development within the urban area will be supported where the site has been previously developed, its development does not conflict with other policies, does not result in ribbon development, and the coalescence of settlements, overintensive development, loss of residential amenity, adverse effect on the character and appearance of the area, loss of urban green space, harm to highway safety, adverse effects to landscape, natural heritage, security and personal safety, infrastructure capacity, and the overloading of community facilities and services. (City & County of Swansea Unitary Development Plan 2008)
Policy HC3 Provision of affordable housing in areas where a demonstrable lack of affordable housing exists. (City & County of Swansea Unitary Development Plan 2008)
Policy HC17 The Council will negotiate with developers to secure improvements to infrastructure, services, and community facilities; and to mitigate against deleterious effects of the development and to secure other social economic or environmental investment to meet identified needs, via Section 106 of the Act. (City & County of Swansea Unitary Development Plan 2008) Page 16 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 1 (CONT’D) APPLICATION NO. 2009/0744
Policy AS1 Accessibility - Criteria for assessing location of new development. (City & County of Swansea Unitary Development Plan 2008)
Policy AS2 Accessibility - Criteria for assessing design and layout of new development. (City & County of Swansea Unitary Development Plan 2008)
Policy AS3 Accessibility - Protection of public rights way. (City & County of Swansea Unitary Development Plan 2008)
Policy AS6 Provision of car parking in accordance with adopted standards. (City & County of Swansea Unitary Development Plan 2008)
SITE HISTORY
App No. Proposal 99/0146 ERECTION OF A SINGLE STOREY DWELLING HOUSE (OUTLINE) Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 19/04/1999
99/1505 ERECTION OF A DETACHED BUNGALOW Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 15/02/2000
2005/0353 Retention of land within residential curtilage (Application for a Certificate of Lawfulness) Decision: Is Not Lawful Decision Date: 15/08/2005
2005/2463 Two detached dwelling houses (outline) Decision: Grant Permission Conditional Decision Date: 09/05/2006
2006/0178 Retention of land within residential curtilage (application for a Certificate of Lawfulness) Decision: Is Lawful Decision Date: 08/03/2006
2007/2562 To fell 3no. fir trees, 3no. spruce trees, 1no. pine tree and 1no. horse chestnut tree and to carry out tree surgery on 4no. oak trees, 1no. holly tree and 1no. horse chestnut tree covered by TPO No. 110 Decision: Grant Tree Pres Order Consent (C) Decision Date: 03/01/2008
Page 17 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 1 (CONT’D) APPLICATION NO. 2009/0744
RESPONSE TO CONSULTATIONS
ORIGINAL PLANS
The application was advertised in the press and on site as a Departure from the Development Plan and 4 No. neighbouring properties were consulted individually. A PETITION OF OBJECTION (384 signatures) and 22 No. LETTERS OF OBJECTION were received and are summarised as follows:-
PETITION OF OBJECTION
Main concern centres on the density of development and the impact on the current infrastructure which we feel would be to the detriment of the surrounding environment.
• Land at the rear of 114 Brithwen Road is not designated as building land in the current UDP. • That any additional traffic will only add to the already congested road system around Brithwen Road Primary school entry/exit times as the road is practically impassable during these peak times, as well as increasing the queues on both Victoria and Brithwen Roads as vehicles attempt to enter and exit the estate. • The additional vehicles will practically double the use of Greenways Road, (which is extremely narrow and meets a bridleway at the bottom and entry to the rest of Brithwen Road and Camrose Drive at the top.) • No provision has been made for the discharge of surplus water caused by an increased lack of drainage due to the building of houses and parking spaces. There is an extremely high water table at the site and the land does not drain well. Water from the site currently drains onto the Greenways Road and this has caused substantial erosion of the tarmac. It is felt that further development will only exacerbate this problem and that the proposed rainwater harvesting will be insubstantial in preventing this.
LETTERS OF OBJECTION
1. This land is not designated as building land in the current Local Development Plan. 2. We realise that Social Housing is important, but in a small village like Waunarlwydd, I think that proportionately we are already adequately served by a large number of Council Houses and a smaller number of Housing Association and privately rented properties. 3. It is proposed that the 11 terraced dwellings are to be built on a piece of land one third of which comprises Green Wedge. 4. Allowing this development to be built on a green wedge will open the door for other property developers to build across the whole of the Cockett valley. 5. A portion of the land is in green wedge although there are numerous brownfield sites in Waunarlwydd e.g. Liberty’s Brithwen Road, Swansea Road and Alcoa site. 6. More houses means more of our green land going when there are plenty of derelict plots that could be built on. 7. Future development on this scale would have a serious detrimental effect on a green environment rich in wildlife. 8. The proposed terrace of 11 houses will look very much out of place as all the existing properties within the area are detached or semi-detached. Terraced dwellings are incompatible with the surrounding bungalowsPage 18 on Greenways. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 1 (CONT’D) APPLICATION NO. 2009/0744
9. The buildings are totally out of keeping with the surrounding countryside and existing properties. 10. The density of the proposed development doubles the amount of properties in this small community, putting pressure on the current infrastructure. 11. The development will be directly off the private unadopted lane Greenways which is very narrow. What are the implications of developing off a privately owned lane? 12. Right of access - I believe number 114 has the benefit of access onto the unadopted length of Greenways/Brithwen Road by right of past established use, but I would question if that right can be extended to include a new development providing for another 22+ vehicles. Inn such a case I believe it is for the developer to show that the proposed development enjoys the same right. 13. One of our concerns is the volume of traffic and parking in the lane at the present time. As a family household with shift workers and day workers we can have up to 7 cars at one time parked outside the property at different times. Where will there be the room for visitors’ cars to the development to park, as there doesn’t seem to be provision for this in the drawing we have received. 14. The lane is extremely narrow now and lots of delivery lorries and even the refuse cart often have trouble passing between the cars when they proceed up the lane. We have on countless occasions had to move one of the cars for this reason. The road cannot be made any wider so the problem cannot improve with more cars. 15. We have a young granddaughter and are concerned about her safety if the lane is busier with an increased volume of traffic. It is now a very health and safety conscious world and an increase of motor vehicles is a big concern. 16. Each proposed house has 2 parking spaces so therefore there could be 22 or more extra cars having to round a narrow corner into a narrow road. 17. This additional traffic has to pass by Waunarlwydd School which already has serious problems with parking between the hours of 8 - 9 am and 3 - 4 pm (Monday - Friday). Also this already causes serious traffic congestion entering and leaving Brithwen Road. 11 more houses would enhance even more serious problems, possibly with a child being injured or killed. 18. The need to accommodate such an increase in traffic on Greenways will present a significant hazard generally and create problems for service vehicles particularly during an emergency. 19. Parking is already limited due to the fact that most households have more than one car, and quite often access to the lane just above 114 Brithwen Road, off Greenways leading to 120 to 130 Brithwen Road is blocked by vehicles parked in Greenways. 20. This corner is a popular part of the bridle-way network. The potential volume of traffic would make this area a real hazard for horse and rider. 21. Sewerage issues - many of the houses on this part of Brithwen Road use `septic tanks’ - has this been considered for these 11 houses? 22. The land all around the proposed terrace of houses is clay so any discharge surplus water will not soak away quickly so therefore may cause some local flooding. 23. Gwalia intend to install a private sewerage treatment plant as there is no suitable main sewer for them to connect to. The treated sewerage together with surface water will then discharge to a soak away or a water course (what water course?) The ground where the development is to take place is extremely wet and boggy and the field at the rear of the plot is even worse all year around and not suitable to accept the discharge of extra water from 11 houses. This will surely cause a problem to the adjacent properties which are all at a lower level.
Page 19 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 1 (CONT’D) APPLICATION NO. 2009/0744
24. The proposed arrangements for a soak away to manage sewage are unconvincing and unlikely to be efficient and sustainable given the nature of the land on which the dwellings are to be built. 25. From the Proposed Site Infrastructure drawing I notice it is proposed to divert excess waste water from the planned linear soak away into an existing outlet through my garden. This outlet is an easement that is in place to benefit the property at 114 Brithwen Road and may not be used to serve the new development of eleven 3- bedroom houses. 26. Since the recent occupation of number 114, foul water is leaking out into an inspection chamber in my garden where an accumulation of sewage sludge is collecting. I have alerted Grwp Gwalia about this and I am assured they will investigate the cause of the problem in due course. This nuisance combined with the volume of groundwater referred to in 2 (above) is already too much for the pipe crossing my property to bear. 27. The land is already water logged and remains so even in dry spells. The plan for the soak away for surface water will make the problem much worse especially for Greenways bungalows and Rock House. 28. In summary, we believe that “the sustainable impact (of the proposed development) on the amenity of the area in which it is situated” will be negative in both the short and long term. 29. I am concerned that the system for the disposal of foul water and ground water is to be of the highest specification and capacity considering the fact that there are no main drains or sewers in the vicinity. 30. The location of the Package Sewerage Treatment Plant at the north end of the development appears to be sited purely for the convenience of emptying by sewerage disposal tankers. In its proposed position it is too close to the dwellings along Greenways and to the `Greenways’ residents. A more sympathetic view of this element of the plan would remove the treatment plant to the south side of the development and beyond Dwelling No.12 on the Proposed Site Infrastructure drawing. 31. The past owner/developer- Betman Homes has already carried out inappropriate extensive site clearance. Even the JCB driver employed to clear the site was upset when he demolished the barns and sheds at the amount of wildlife that he disturbed at the time. 32. The area has always been rich in wildlife - foxes, badgers, nesting birds, bats, hedgehogs, squirrels, slow-worms, newts, dragonflies in the pond now destroyed. 33. How did the developers manage to get away with destroying the hedgerows and mature trees. I was in touch with your enforcement officers. They promised this would not happen. 34. Environmentally, this development will destroy it even further which will be particularly upsetting to the residents of Greenways who all regularly feed a variety of birds and wildlife. 35. The noise pollution, cars, garden machinery, and the population explosion, will destroy this quiet peaceful rural area. 36. Nothing has changed since the last application was rejected, if anything there is now more brown field sites to build on with the demise of Alcoa. 37. I am not opposed to sensible development, but this proposal is out of proportion. 38. The corner at the western end of Greenways/Brithwen is blind and dangerous both ways at the moment with another proposed 22 cars using the lane this will not make this any safer.
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ITEM 1 (CONT’D) APPLICATION NO. 2009/0744
39. The lane also floods with water which erodes the strip of tarmac which we all paid a fee for when we have lots of rain we cannot see the development improving this problem either. 40. We have a lovely view of the Graig, which is the mountain, from our living room at the moment once these monstrosities are built our view of that will be non existent. We want to see natural grass in field not grass on roofs. The birds and wildlife are a pleasure to behold at the moment where will these be forced to re-house themselves if these dwellings are allowed? Whilst humans have a right to have housing does this mean that its ok to take away the habitat of the natural creatures that have probably lived in this area for generations. 41. Please give this matter your urgent attention as the peace and quiet of our `village’ means a great deal to us. Once one developer gets the go ahead we will no longer be a village, they’ll buy up all and every piece of land and develop it. Please help us to keep the village that means so much to us.
AMENDED PLANS
The application was re-registered following the submission of an extended red line to include the adjacent highway access in the site area.
The application was advertised in the press and on site as a Departure from the Development Plan and 29 No. neighbouring properties were consulted individually. 6 No. LETTERS OF OBJECTION were received which made the following points:-
1. Concerns regarding the cost of maintaining the private road if this development is approved. 2. Concerns that the further 11 houses will further deteriorate the road far more quickly. 3. Question whether the new developer or the Council be funding new street lighting and drainage, road surfacing and maintenance or is this a one off re-surfacing of the road so that planning approval can be obtained. 4. As the site is very boggy the road is constantly running with surface water which has nowhere to go. 5. Concerns are doubled regarding road safety and potential for flooding because there is another live application is still being considered (ref. 2008/0512). 6. Concerned that the drainage system will not be able to take the amount of surface water that this development will create. Neighbour’s land is flooded periodically. 7. Unable to determine where the private sewage treatment will be located. 8. Does not convince that the generally poor record of social housing in its impact on neighbourhoods and communities will be mitigated.
FURTHER AMENDED PLANS
Revised plans were received reducing the number of houses from 11 to 10 terraced houses with associated access and landscaping, and addendum revising the Design and Access Statement.
The application was advertised in the press and on site as a Departure from the Development Plan and 31 No. neighbouring properties were consulted individually. 14 No. Letters of Objection were received which reiterated previous objections and made the following points:-
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ITEM 1 (CONT’D) APPLICATION NO. 2009/0744
1. Despite the amendments made in the latest plans and description our previous concerns and objections remain relevant. 2. The proposed terraced development is incongruous within the existing residential area of mainly detached bungalows. 3. Land is not designated as development land within the UDP and part of site is within Green Wedge. 4. Allowing development on this site will open up other sites for similar unacceptable development of green wedge sites nearby. 5. Additional road safety dangers to nearby school users with increase in number of cars using roads. 6. The Access road is narrow unadopted country road – major works would be needed to enable it to cope with additional traffic. Lack of access for emergency service and refuse vehicles, lack of lighting and un-surfaced access. Parking is already a problem. 7. Land/surface water drainage issues – land surrounding/including site is non-porous clay/ high water table. Land ownership issues relating to surface water drainage proposals. 8. Foul water treatment/drainage issues – noise of pumping station/overflow and blockage problems. 9. Permission for surface water is to be piped through private land owned by neighbours who live adjacent to the site has not been obtained. 10. Whole of this site is surrounded by private land – a fact which is going to cause difficulties to the development for road access, sewers, surface water, and provision of electricity, gas and water services. 11. Impact on amenity of neighbouring houses due to proximity of parking areas. 12. Adverse impact of proposals on wildlife, rural setting of the area and potentially on users of the nearby bridleway. 13. Hold the view that Brown Field sites should be developed before Green Field Sites and that this application transgresses this basic planning principle, especially as there are several Brown Field sites in the Waunarlwydd area that fill this criteria. 14. There are many empty houses in Waunarlwydd that should be updated and people re-housed before even thinking of new build in green areas. 15. The former owner of the site – Betman Homes – planning application number 2005/2463 was granted planning for just 2 detached houses fronting Greenways in the position of where the old barn buildings were situated – which was the only part of the land that was in the curtilage of 114 Brithwen Road. These houses were architecturally in keeping with the houses in Greenways and the neighbours made no objections to this application. 16. Although this plot is now subject to a Candidate Site application, it still remains in the Green Wedge area and nothing has changed since Betman Homes’ application was submitted.
REVISED DETAILS
An updated Ecological Appraisal report and revised Drainage Report were received January 2013 and advertised on Site and Statutory Consultees were consulted. ONE LETTER OF OBJECTION received which makes the following points:-
With reference to the above amended Reports, we would like to make the following comments and observations :- Page 22 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 1 (CONT’D) APPLICATION NO. 2009/0744
1. In paragraph 5.3.4 – it states that by removing the surface water from the combined sewer for 1 single dwelling (21 Beech Crescent, Gorseinon) that this will compensate for the addition of sewerage from 10 three bedroomed (5 person dwellings )in Waunarlwydd. We find this hard to believe as adequate compensation.
2. In paragraph 3.5.2 – it states that surface water will discharge via a new system to the existing drainage regime. What drainage regime are they talking about – I assume they mean through the private garden between Fron Heulog and Greenway Bungalow where the existing property of Caergynydd has an agreement for their dwelling only.
3. In paragraph 5.1 – ‘the existing sewer in Greenways’ suggests that the sewer is in the private unadopted roadway whilst it is actually in the rear gardens of the properties in Greenways. This means that Gwalia would by connecting through our driveway (one of their original options) which is extremely narrow and would be a concern to the foundations of our property. Given that Dwr Cymru do not normally allow a building within 3 metres of a sewer, this would be within about 2 feet of the foundations of our house. 4. In paragraph 5.2 – they state that ‘a sewer can be provided down the existing road into the now adopted public sewer as shown in fig 5’ where is ‘fig 5’ on the Report, I can’t see one. Again taking their sewer down a private road and connecting it through private property at the junction of Greenways/Brithwen Rd . 5. In paragraph 4.2 – they state that ‘ a foul sewer crosses the Greenways access road’ - where?. (PLEASE SEE DWR CYMRU SEWER MAP) 6. In paragraph 7.0 – they state –‘the existing land drains will be rerouted …and run away ---- with no net increase in flows to downstream areas’. I am at a loss to understand how the construction of 10 houses on a previously undeveloped site with 22 car parking spaces will not increase the flow of surface water.
As I see it nothing has changed from their original plans except for the fact that the unadopted sewers have now been taken over by Dwr Cymru. The connection to these sewers still have to go over privately owned roadways, drives or gardens. I have spoken to Dwr Cymru regarding the connection of a sewer from the site over private land and I was told that initially Gwalia would have to ask our consent for this (NOT GOING TO GET IT), but if we refuse consent that it would be possible as a last resort for Dwr Cymru to requisition the land and that Dwr Cymru would have to do the work (not Gwalia’s contractors) and that Gwalia would then be invoiced by Dwr Cymru for the work, which I am told is a very expensive option.
OTHER INTERNAL AND AGENCY RESPONSES TO CONSULTATION DURING THE COURSE OF THIS APPLICATION
Countryside County Council:
Summarised as follows:- 8/07/09 - OBJECTS because there is not enough information to assess possible effects on the Carmarthen Bay and Estuaries Special Area of Conservation (SAC), Burry Inlet Special Protection Area (SPA) and Burry Inlet RAMSAR.
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25/08/09 - OBJECTS as above. Also concerns about previous ecological survey carried out in September and requests another reptile and bird breeding survey to be carried out before end of August. Bat survey requested due to number of trees. Recommend new tree planting. Will give further views when information is submitted.
8/02/13 - DO NOT OBJECT. Opinion that the development as proposed is not likely to adversely affect any of the interests listed in the Carmarthen Bay and Estuaries Special Area of Conservation (SAC), Burry Inlet Special Protection Area (SPA) and Burry Inlet RAMSAR. Content wi the approach in the HRA (Final report of David Tyldesley and Associates, 17/04/12). In addition, note the ecological report and support its recommendations and recommend that appropriately worded conditions are required to implement these including The Reptile Translocation and Advice on Bats and Lighting.
Environment Agency Wales:
Summarised as follows:- 12/06/09 - Concerns about the proposed method of foul drainage utilising private drainage facilities. Requests DEFERRAL of the application until such time as a non mains drainage assessment, in line with WO Circular 10/99 has been undertaken and submitted to the LPA.
1/09/09 - Request Deferral as above.
11/01/12 - Major concerns regarding the use of a private package treatment plant due to known environmental problems that can occur. We would prefer to see connection to the main public sewerage system, and as such have no choice but to OBJECT to this element of the application. Request DEFERRAL until the issues surrounding foul drainage are resolved.
5/10/12 - Advises DEFERRAL pending an investigation of feasible connection to the mains system.
8/02/13 - Note that a drainage report has been submitted in support of this application. Also note that Gwalia has reviewed drainage on other existing sites under the control of Gwalia Housing. This has been done in order to seek a practicable solution for surface water drainage/compensatory removal that accords with the MOU. As we continue to have concerns regarding hydraulic overloading at this location, we welcome the approach and the ongoing discussions between the developer and DCWW to identify a suitable scheme. Refer to e-mail to the LPA on 6/02/13 but it appears contradictory when compared to information DCWW have supplied to EAW. Refer to two downstream CSOs which could potentially spill more frequently as a result of this development without appropriate mitigation. Ideally, in order to progress this application, mitigation should be sought by way of surface water reduction within this sub-catchment of the CSOs. EAW have contacted DCWW and they will be providing an amended response to the LPA, picking up some points that were omitted from the 6th February response. With regard to foul water flows, the drainage report confirms these will be discharged to the now adopted public sewer. This fully addresses original concerns regarding management of foul water flows from the site. In light of above, recommend that determination of the application be DEFERRED until all concerns regarding drainage have been fully addressed.
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Dwr Cymru Welsh Water:
Summarised as follows;- 4/06/09 - No comment as the applicant intends utilising private facilities.
30/01/12 - Advises that as the applicant intends utilising a private treatment works we would advise that the applicant contacts the Environment Agency who may have an input in the regulation of this method of drainage disposal. Water supply - advised to contact DCWW New Connections Design Department.
6/02/13 - E mail confirmation that there are no current capacity problems relating to this development.
8/02/13 - Refer to planning enquiry received on 6th February and as result of further investigation in respect to the downstream sewer network, provide the following revised comments in respect of the development. The proposed development would overload the existing public sewerage system downstream of the proposed development. Currently we have no improvements planned as part of our Capital Investment Programme. As a result we consider any development prior to improvements being undertaken to be premature and therefore recommend you resist and REFUSE the proposed development. It may, however, be possible for the developer to fund the accelerated provision of replacement infrastructure or to requisition a new sewer under sections 98 - 101 of the Water Industry Act 1991. Reason: 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.
DCWW recommend that this may be overcome by undertaking works consistent with the fundamental principles of the MOU between all signatories including CCS and DCWW, i.e. by providing compensation of foul flows from the development by the removal of surface water which currently enters the combined sewer network. Any such compensation would preferably be located within the catchment of the combined storm overflow (CSO) downstream of Brithwen Road, namely the Waunarlwydd Caravan Site CSO. Alternatively, any compensation scheme may be located within the wider Gowerton catchment area.
Glamorgan Badger Group: 8/06/09 - Observations as follows:- The site in question backs on to open countryside and there are a number of badger setts between the site and Dunvant. Also, members of the public have informed us that badgers have been seen on the land in question. We would therefore recommend that a badger survey is carried out before the application is determined.
Ecology Observations: 29/05/09 - Advises:- The foul water drainage from this development will pass through the Gowerton sewage treatment works with which there are possible issues with capacity. The development may affect the Burry Inlet SAC through increasing the pollution discharges into the estuary. It will need to be shown that the SAC features wont be damaged by the development. Until this has been resolved the development should not get permission. A Test of Likely Significant Effect will be carried out on the proposal it is possible that as a result of this an Appropriate Assessment will be needed, the developers should be informed of this possibility. Page 25 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 1 (CONT’D) APPLICATION NO. 2009/0744
31/01/13 – Advises:- Providing the mitigation that has been suggested in the report has been carried out there should be no ecological issues. The key recommendations are the retention of the eastern and southern hedges, reptile mitigation and the timing of clearance to avoid bird nesting times. Reptiles are protected under the Wildlife and Countryside Act; the mitigation should form a condition of any permission we give. There are also two invasive alien plants present (Cotoneaster and Montbretia).
Pollution Control Observations: 15/06/09 - No observations.
Housing Observations: 19/02/10 - Advises:- There is a need for Affordable Housing in the area however having regard to the land availability study there is a supply of land in the area which could satisfy, to some extent, this need. As such Housing Service would not be able to support the use of the exception policy in the UDP for developing in the green wedge. However, the Housing Service is happy to support the development of Affordable Housing within the confines of the developable land as outlined by the UDP and confirmed by Planning Policy.
8/02/12 - Advises that Housing Service would still support the provision of Affordable Housing on this site, however unable to agree the use of the exception policy as the land availability study shows there is a supply of land in the area that could satisfy, to some extent, this need.
Highway Observations: 25/01/13 –
1 Introduction
1.1 This proposal is for the construction of 10 terraced dwellings on land at Greenways, 14 Brithwen Road, Waunarlwydd.
1.2 The proposal is for Housing Association dwellings in the form of a short cul-de-sac serving small 3 bedroom dwellings.
2 Access Roads
2.1 The site access is located off Greenways, which is an unadopted road leading off the end of Brithwen Road. Greenways is narrow on its approach to the site where it leaves Brithwen Road and is of varying width thereafter with a footway on the developed side only.
2.2 In order to accommodate the traffic generated by the proposal, the developer is required to improve Greenways by ensuring a 5.5m width to the carriageway and some footway provision along the site frontage. Greenways will then need to be resurfaced.
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2.3 The approach to Greenways from the end of Brithwen Road is narrow and on a tight bend. In order to improve safety and accommodate the additional movements generated by the site, the developer will be required to construct a speed table on the bend. This will force vehicles to travel slowly when negotiating the bend and address safety concerns.
3 Traffic Generation
3.1 Reference to National trip rates for rented houses indicates an expected 0.44 two- way movements per dwelling in the am peak and .36 in the pm peak. For the proposed 10 dwellings this equates to 4.4 movements and 3.6 movements respectively and is not considered to be a high volume of traffic.
4 Site Layout
4.1 The site is proposed to be laid out to modern standards in accordance with Manual for Streets. This approach allows for shared surface access where pedestrians and cars share the same surface albeit that demarcation is provided to delineate the path vehicles should take. The over all width of the shared surface will be approximately 11.3m. This provides room for an indicated 1.8m strip for pedestrian use, a 4.5m vehicle access route and parking areas opposite each dwelling of 5m depth which will accommodate up to 3 vehicles abreast each. The parking availability therefore is acceptable and will ensure room for at least 2 spaces per dwelling with room for visitor parking also.
4.2 No radius kerbs are shown at the access junction and in order to ensure safe and easy access and egress, this needs to be amended. The provision of a speed table would negate the need for formal radius kerbs in this instance. There is room for a turning facility at the end of the cul-de-sac however this also is of unorthodox shape and need some form of demarcation to delineate the manoeuvring area.
4.3 This cul-de-sac will not be eligible for adoption as it does not meet current criteria. The developer therefore will be responsible for its future maintenance.
5 Conclusions
5.1 The proposal will add another 10 dwellings with access from Greenways. The road leading to the site is not adopted and is in need of resurfacing which the applicant is intending to carry out as part of the proposal. Traffic generation associated with the scheme is low and the benefits gained in terms of access road improvements outweigh the small increase in movements.
6 Recommendation
6.1 I recommend no highway objection subject to the following;
i. The site shall not be brought into beneficial use until Greenways has been improved to a minimum width of 5.5m, resurfaced and a speed table installed at the site access point. Alternatively, radius kerbs shall be installed at the access junction instead of a speed table. All in accordance with details to be agreed. Page 27 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
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ii. The proposed footway along the site frontage shall extend to and connect to the existing footway to the east of the site.
iii. No dwelling shall be occupied until the access and parking works have been completed and ready for use, all in accordance with detailed layout plans to be submitted and approved.
Note: The Developer must contact the Team Leader - Highways Management, City and County of Swansea (Highways), Penllergaer Offices c/o Civic Centre, Swansea, SA1 3SN (Tel 01792 636091) before carrying out any work.
APPRAISAL
This application is reported to Committee for decision and a Site Visit requested by Councillor Ann Cook to assess residents concerns and because it is a Departure from the provisions of the Development Plan.
This application seeks full planning permission for ten terraced dwellings with associated car parking and landscaping. Access will be derived off Brithwen Road. It is proposed that these dwellings will provide 100% affordable housing units.
The application site is located on the edge of Waunarlwydd, to the rear of ‘Greenways’, 114 Brithwen Road. The majority of the site was formerly used as a field for grazing whilst the part nearest the road used to form garden or ‘barns’. The majority of this site lies within the defined urban settlement limit, appearing as ‘white land’ on the Proposals Map, but the remainder (about a third of the site) extends into land designated as Green Wedge in the adopted Unitary Development Plan for Swansea. The application was therefore advertised as a Departure from the Development Plan.
During the course of the application amended plans have been received which have reduced the proposed terrace from 11 to 10 residential units, and these dwellings have been moved 1 metre away from the eastern boundary, to take account of the results of a commissioned tree report. Whilst these amendments seek to ensure that there is no harmful impact on the mature hedge and trees that run along the southern and eastern boundaries of the application site, the Council has also protected some of the trees in this hedge boundary by Tree Preservation Order in 2009 (ref. P17/7/4/544 – 5 Oaks and 1 Pine). In addition, further detailed plans of the access have been received with the road size altered at the turning head.
Due to the length of time since the application was originally submitted, further studies have been undertaken including an addendum to the Design and Access Report 2010; revised Planning Policy Appraisal Report 2010; an updated Ecological Appraisal carried out in the summer of 2012 and a revised Drainage Report submitted in January 2013. The latter survey was necessary to establish whether satisfactory connections can be made for foul water to the public sewer and surface water connections to a private surface water drain. These details are discussed in more detail below.
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As this site drains into European protected sites: including Carmarthen Bay and Estuaries Special Area of Conservation; Carmarthen Bay Special Protection Area; and Carmarthen Bay RAMSAR (CBEEMs), a Habitat Regulation Assessment has also been carried out by the Local Planning Authority, which concludes that an Appropriate Assessment is not required in this particular case. This HRA has been considered and accepted by the Council’s statutory advisor the Countryside Council for Wales.
An Environmental Impact Assessment is not required for the development of this land, because the site is below 0.5 hectares in area: refer to Schedule 2 of the Town and Country Planning (Environmental Impact Assessment) Regulations 1999 (as amended).
Main Issues
The main issues for consideration with regard to this application are the acceptability of residential development at this site, in terms of the impact on visual and residential amenity, highway safety and environmental interests, having regard to the prevailing provisions of the relevant policies of the City and County Unitary Development Plan, and National Planning Policy Guidance. There are considered to be no additional issues arising from the provisions of the Human Rights Act.
Planning Policy Wales (updated 2012) together with its Technical Advice Notes provides the national planning policy framework within which the policies of the UDP are formed, and in particular advises on the principles of sustainability, protection of ecological and environmental interests, good design and layout, flood risk, etc. The TANSs applicable to this application include TAN 5 Nature Conservation and Planning; TAN 12 Design (revised 2009); TAN 15 Development and Flood Risk; TAN 22 Planning for Sustainable Buildings.
In accordance with the provisions of Section 38 (6) of the Planning and Compulsory Purchase Act 2006 planning decisions must be made in accordance with the Development Plan unless material considerations indicate otherwise. The Development Plan is the City and County of Swansea Unitary Development Plan (UDP) which was adopted on 10th November 2008.
The UDP comprises two parts, Part 1 and 2. Part 1 sets out the broad vision and aspirations for development and conservation together with the overall strategy for pursuing them. Part 2 translates these goals and objectives into more detailed policies and development proposals. The UDP policies relevant to this application are Part 1 Policies SP1, SP2, SP3, SP7, SP14 and Part 2 Policies EV1, EV2, EV3, EV18, EV20, EV22, EV23, EV24, EV25, EV30, EV33, EV34, EV35, EC13, HC2, HC3, HC17, AS1, AS2, AS3, and AS6.
This proposal is for ten dwellings for 100% affordable use, and the following policies are particularly relevant to this application.
The site is not allocated for residential development in the Unitary Development Plan, and is therefore considered as follows. The part of the site falling within the Urban Settlement limits and shown as ‘white land’ on the Proposals Map in the UDP can be considered as a ‘windfall site’ under Policy HC2. This policy allows infill development in the urban area provided the development does not result in:
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(i) Ribbon development or contribute to the coalescence of settlements; (ii) Cramped/overintensive development; (iii) Significant loss of residential amenity; (iv) Significant adverse effect on the character and appearance of the area; (v) The loss of urban greenspace; (vi) Significant harm to highway safety; (vii) Significant adverse effects in relation to: (a) Landscape, (b) Natural heritage, (c) Security and personal safety, (d) Infrastructure capacity, (e) The overloading of available community facilities and services.
The remainder of the site (two houses and associated access and landscaping) is situated within the Cockett Valley Green Wedge (Policy EV23). It should be noted that this section of the green wedge boundary was drawn with regard to the ground conditions at the time of the preparation of the UDP some years ago, when the southern section of the site was different in character to its current appearance and appears to have been covered with scrubby trees, etc, more akin to the character of the open countryside beyond than the lawned area to the south. The boundary of the site was drawn in line with the northern boundary of adjacent dwelling at ‘Rock house’ to reflect the characteristics of the site. It is noted, however, that whilst Green Wedge policy seeks to maintain the openness of the area, it does also allow for certain exceptions for development provided it is considered ‘appropriate’ in line with National Planning Policy guidance.
One such exception is the need for Affordable Housing as included in Policy EV18 provided the proposal is ‘appropriate’ and satisfies the criteria of the other Policies in the Plan. The amplification to Policy HC3 further explains that the need for affordable housing is a material planning consideration and an essential element in contributing to community regeneration and social inclusion. This site falls within the Swansea West Strategic Housing Zone which is identified in Policy HC3 as an area where smaller sites such as this are considered for affordable housing.
In this respect during the course of this application, the Housing Enabling Officer has confirmed that there is need for Affordable Housing in the area, however, having regard to the land availability study there is a supply of land in the area which could satisfy, to some extent, this need. As such the Housing Service would not be able to support the use of the exception policy in the UDP for developing in the green wedge. However, the Housing Service is able to support the development of Affordable Housing within the confines of the developable land as outlined by the UDP and confirmed by Planning Policy. The encroachment of the two extra houses into the Green Wedge will therefore be considered against other Policies in the UDP.
The criteria for assessing whether the design and layout is acceptable in the context of the surrounding area is important. UDP Policies EV1 and EV2 seek to ensure that new development is appropriate, inter alia, to its local context in terms of scale, height, massing, elevational treatment, materials and detailing, etc. and integrates into the existing settlement with no detrimental impact on local amenity.
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Consideration has to be given, therefore, to the impact of the whole development, including the small extension into the Green Wedge, and whether this will harm the character and appearance of the surrounding open countryside and the setting of the urban area, having regard to the criteria in the above policies.
Policy HC17 allows the Local Planning Authority to enter into negotiations with developers to deliver planning obligations under Section 106 of the Town and Country Planning Act 1990, and these provisions should be fairly and reasonably related in scale and kind to the individual development. It is noted that the Council has adopted Supplementary Planning Guidance on S106 negotiations in March 2010. However, this application’s submission pre dates this guidance, and the following issues were considered at an early stage as particularly relevant to this small site (under 0.5 hectares). As referred to above the Housing Service supports the provision of affordable housing at this site. In addition, Highways have identified a need for improvements to the highway access along Brithwen Road as described below. This would be in line with the access criteria requirements of Policies AS2 and EV3 to ensure safe and easy access. These benefits are considered to be of great value to this particular location, and given the affordable nature and very small scale of this development it is considered unreasonable to require other contributions.
With regard to the ecology of the site, full regard has been given to Policy EV25 and the impact on the European protected sites in the Carmarthen Bay and Estuaries Special Area of Conservation; Carmarthen Bay Special Protection Area; and Carmarthen Bay RAMSAR (CBEEMs), and the requirements of related Policies EV33, EV34, EV35 regarding sewage disposal, surface water run-off, and development and flood risk.
Finally, whilst this site has been put forward as a ‘Candidate site’ by the applicant to be considered in the preparation of the Local Development Plan, (which will in due course supersede the Unitary Development Plan), the LDP is still in a very early stage of its preparation and it is considered premature to place any weight at this stage to this process.
Character and Appearance of the Area
Context of site
The visual appearance of the proposed development, its scale and relationship to its surroundings and context are material planning considerations. With regard to the natural appearance of the site and surrounding countryside, the majority of the application site is located mainly in a field site abutting the southern limits of Waunarlwydd. The former buildings located near the road have been demolished and the scrub in the southern section of the site has been cleared. However, the remaining curtilage trees and hedging of the field site remain and form a natural boundary along the southern and eastern boundaries. The mature trees are further protected by Tree Preservation Order in 2009 (ref. P17/7/4/544 – 5 Oaks and 1 Pine). The latest revised plans indicate that this natural mature hedge boundary will remain, and can be further reinforced if necessary. This can be controlled by condition.
On this basis, it is considered that this mature hedge will not only act as a visual screen and ecological corridor, but will form a logical and natural defensible boundary with the Green Wedge land beyond, rather than the line drawn on the UDP ‘Proposals Map’ which no longer has any contextual relevance. Page 31 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 1 (CONT’D) APPLICATION NO. 2009/0744
As such it is considered that the development of this field will not set a precedent for further releases of land, but will form a logical rounding off of development in this area which will not harm the setting of the urban area.
In terms of the character and appearance of surrounding residential development, this area of Waunarlwydd appears to have developed incrementally over the years with a mix of housing, that weaves in and out of the adjoining fields with no particular style or pattern. The site is located immediately to the rear of ‘Greenways’, 114 Brithwen Road, which is an old established and isolated house at the north end of the site that presents a gable end to the road, with no immediate houses to each side. Two houses were granted approval adjacent to this house although they have not as yet been built. To the north of the road, the neighbouring residential development is typified by chalet style detached houses with steeply pitched gabled frontages facing the road. To the east is a paddock with public footpath running through, this is separated from the site by an overgrown hedge which now includes some maturing trees. To the west are two bungalows and a single two storey house, of varying styles and set in large gardens, all are detached and all are separated from the site by a maintained hedge interspersed by a few mature trees.
As such there is no dominant building style in the immediate locality, and this is apparent elsewhere in the Waunarlwydd area, with each phase of development reflecting the styles and values of the period. An example of this contrast can be seen in the difference between chalet type detached houses opposite the site on Greenways and the traditional terraces in the centre of Waunarlwydd, or other historical development in the rural lanes leading into the current urban area.
With regard to design considerations, it is therefore considered that the variety of styles of houses and patterns of development in the Waunarlwydd area allows for consideration of alternative designs and layouts, and in particular the introduction of contemporary innovative approach at appropriate locations. This is in line with the current overarching policy guidance given in Planning Policy Wales (as revised 2012) and revised TAN 12: Design.
It is noted that the revised TAN12: Design promotes innovative design and states: “The important contribution that can be made to local character by contemporary design, appropriate to the context, should be acknowledged” (paragraph 5.10.3)
Also Planning Policy Wales states: “….Local planning authorities should reject poor building and contextual designs. However, they should not attempt to impose a particular architectural taste or style arbitrarily and should avoid inhibiting opportunities for innovative design solutions.” (paragraph 2.9.8)
At pre application stage this scheme was presented to the Design Commission for Wales, and their assessors were very positive in their response, as summarised below:-
Summary of key points arising from discussion of DCW Panel
‘The Panel were very pleased to review this scheme which we think could become an exemplar for the development of affordable housing in suburban areas. We welcomed the high standard of design and site planning and found the architectural solution persuasive and ultimately convincing.’ Page 32 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 1 (CONT’D) APPLICATION NO. 2009/0744
Of particular note are the following comments regarding the design of the proposal:-
• ‘We accept the advantages of the single line terrace solution, which avoids intruding on the privacy of properties to the west and preserves the views to open country of the houses to the north. • The amenity of adjacent homes is protected and the tree canopy to the east is respected. • The architecture is well conceived and refined and the choice of materials contributes to the clean lines, while the screens and storage are neatly combined to provide privacy at the front of the building. • The hard and soft landscaping and simple layout of parking combine to produce a well ordered home zone.’
In the light of the above, it is considered that this scheme is a contemporary interpretation of the traditional terrace with human scale and repeating elements, plus a strong emphasis on sustainable development. Whilst there are no long terraces in the immediate adjoining area of Waurnarlywdd, there are short terraces traditionally found elsewhere in this locality. Moreover, the proposed approach is considered to be acceptable given the shape of the site, the relationship to adjacent dwellings and the applicants desire to make best use of land and the sustainability benefits of minimising external walls through which heat loss can occur.
With regard to external materials, the use of untreated timber is considered entirely appropriate in this edge of countryside location. The grey coloured standing seam metal roof is a contemporary version of traditional slate and this will need to be pre-painted to ensure that it is a non reflective mid grey colour. The saw tooth roof form is not traditional, however it is an integral element of the contemporary approach and provides mounting points for the south facing solar panels. To add a traditional pitched roof would degrade the quality of the scheme. Overall the design is innovative reflecting the increasing emphasis on sustainable development. However, a condition requiring samples is considered necessary to ensure a suitably high quality of materials and finish.
Internally the proposal updates the traditional terrace with maximum space and flexibility. Natural lighting is maximised with large windows open plan spaces and a void space up to first floor level. The inside/outside relationship is optimised with a front courtyard which catches the evening sun as well as the traditional rear garden. The scheme was submitted before the need for Code for Sustainable Homes and the applicant is not required to submit further information or commitment to CSH, but was asked to demonstrate the sustainability of the scheme and show whether the level 4 aspiration can be achieved. This has not been submitted and cannot be enforced.
Externally, maximum use is proposed to made of the spaces with the access and parking area being designed to reflect some HomeZone principles. The idea being that this is a place for people and any vehicles moving will do so at very low speeds. A specific feature in this area is the brick pavior bands which run from the parking area through the properties and out into the rear gardens. These give a visual structure to the site and perform a practical function in allowing ‘dirty’ access through the dwellings to the gardens. With regard to landscaping, both hard and soft landscaping can be controlled by condition to ensure that both driveway surfaces and gardens are not only functional but legible and durable, and ensure the visual amenity and safety of the site in the long term. Page 33 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
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Given the high quality design approach, it is considered necessary and acceptable to control future development such as sheds and extensions by removing permitted development rights, so that the Local Planning Authority has future control over the development.
There are no concerns regarding the proposed changes to the existing house at No. 114 Brithwen Road.
On this basis, it is considered that the proposed development for 10 dwelling units has been sensitively designed and can be satisfactorily accommodated within the site area available without having a significant adverse effect on the character and appearance of the surrounding built up or countryside areas. Moreover, the small encroachment into the Green Wedge will only facilitate two extra houses (one fifth of the proposal for 10) and will extend the development up to an easily defensible natural boundary, and is also bounded to the west and north by existing housing. In effect this is considered a logical ‘rounding’ off of the existing urban area and will not set a precedent in this Green Wedge for consideration of other residential development, or have a cumulative impact on the wider area. On this basis, it is considered that the proposal meets the criteria of Policies EV1, EV2, HC2, and EV30 and is justified as an exception to the provisions of Green Wedge Policy EV23 of the Unitary Development Plan.
Residential Amenity
Turning to the impact on the residential amenity of neighbours, the site layout has been carefully considered with regard to the relationship with existing neighbouring residential properties, and it is considered that overall the revised layout meets the standards of separation between residential properties normally applied by the Council. On this basis, it is not considered that the layout for up to 10 units would give rise to any significant harmful impact on the residential amenities of existing neighbouring occupiers or future occupiers through over development of the site, physical overbearance or loss of privacy through overlooking to existing houses. Reasonable sized garden areas and car parking spaces are also proposed for individual dwellings which are considered acceptable in planning terms and ensure satisfactory living standards. As such it is considered that the residential amenity of both new and existing properties is not adversely affected, and satisfies the criteria of Policy EV1 of the Unitary Development Plan. Having regard to the above considerations, there are no grounds to warrant refusal and the proposal is considered in line with the criteria of Policies EV1, EV2, and HC2 of the Unitary Development Plan.
Highways Considerations
Access
The proposal is for Housing Association dwellings in the form of a short cul-de-sac serving small 3 bedroom dwellings. The site access is located off Greenways, which is an unadopted road leading off the end of Brithwen Road. Greenways is narrow on its approach to the site where it leaves Brithwen Road and is of varying width thereafter with a footway on the developed side only. In order to accommodate the traffic generated by the proposal, the developer is required to improve Greenways by ensuring a 5.5m width to the carriageway and some footway provision along the site frontage. Greenways will then need to be resurfaced. Page 34 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
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The approach to Greenways from the end of Brithwen Road is narrow and on a tight bend. In order to improve safety and accommodate the additional movements generated by the site, the developer will be required to construct a speed table on the bend. This will force vehicles to travel slowly when negotiating the bend and address safety concerns.
Traffic Generation
Reference to National trip rates for rented houses indicates an expected 0.44 two-way movements per dwelling in the am peak and .36 in the pm peak. For the proposed 10 dwellings this equates to 4.4 movements and 3.6 movements respectively and is not considered to be a high volume of traffic.
Site Layout
The site is proposed to be laid out to modern standards in accordance with Manual for Streets. This approach allows for shared surface access where pedestrians and cars share the same surface albeit that demarcation is provided to delineate the path vehicles should take. The over all width of the shared surface will be approximately 11.3m. This provides room for an indicated 1.8m strip for pedestrian use, a 4.5m vehicle access route and parking areas opposite each dwelling of 5m depth which will accommodate up to 3 vehicles abreast each. The parking availability therefore is acceptable and will ensure room for at least 2 spaces per dwelling with room for visitor parking also.
No radius kerbs are shown at the access junction and in order to ensure safe and easy access and egress, this needs to be amended. The provision of a speed table would negate the need for formal radius kerbs in this instance. There is room for a turning facility at the end of the cul-de-sac however this also is of unorthodox shape and needs some form of demarcation to delineate the manoeuvring area. This cul-de-sac will not be eligible for adoption as it does not meet current criteria. The developer therefore will be responsible for its future maintenance.
Conclusions
The proposal will add another 10 dwellings with access from Greenways. The road leading to the site is not adopted and is in need of resurfacing which the applicant is intending to carry out as part of the proposal. Traffic generation associated with the scheme is low and the benefits gained in terms of access road improvements outweigh the small increase in movements.
Recommendation
No highway objection recommended subject to the following; i. The site shall not be brought into beneficial use until Greenways has been improved to a minimum width of 5.5m, resurfaced and a speed table installed at the site access point. Alternatively, radius kerbs shall be installed at the access junction instead of a speed table. All in accordance with details to be agreed. ii. The proposed footway along the site frontage shall extend to and connect to the existing footway to the east of the site.
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ITEM 1 (CONT’D) APPLICATION NO. 2009/0744 iii. No dwelling shall be occupied until the access and parking works have been completed and ready for use, all in accordance with detailed layout plans to be submitted and approved.
Ecological Considerations on Site
Given the time elapsed since the original submission, the applicant commissioned and submitted a revised ecological survey of the immediate site last summer. The key recommendations are the retention of the eastern and southern hedges, reptile mitigation and timing of clearance to protect nesting birds. Reptiles are a protected species under the Wildlife and Countryside Act. The survey has been considered by the Countryside Council for Wales and the Department’s ecologist who are satisfied that there should be no ecological issues, provided the mitigation proposed in the study is carried out. It is considered reasonable to require these mitigation measures by condition, and precise details of lighting, landscaping and planting matters can also be controlled by condition. In addition, it is considered necessary and reasonable to add condition requiring the removal of any invasive ‘alien’ species of plant found on site prior to development.
Water Quality Issues
This application is one of a number of major planning applications that have been held in abeyance since 2009, due to ongoing concerns raised by Europe and Welsh Government regarding the water quality of the Loughor Estuary which is part of the following European protected sites: Carmarthen Bay and Estuaries Special Area of Conservation; Carmarthen Bay Special Protection Area; and Carmarthen Bay RAMSAR (CBEEMs). The City and County of Swansea as Local Planning Authority has followed the precautionary approach advised by its statutory advisor CCW towards all development that drains into CBEEMs, and carried out the following Habitat Regulations Assessment.
Burry Inlet Habitat Regulations Assessment
Introduction
The City and County of Swansea, as the competent authority, is required under Regulation 61(1) of the Conservation of Habitats and Species Regulations 2010 (known as the ‘Habitat Regulations’) to undertake a Habitat Regulations Assessment of any project likely to have an effect on a European Site, or candidate/proposed European Site, either alone or in combination with other plans or projects, that is not necessary to the management of the site for management of the site for nature conservation.
In this instance, the European sites potentially affected are the Carmarthen Bay and Estuaries European Marine Site (CBEEMS), the Carmarthen Bay Special Protection Area (SPA) and the Burry Inlet SPA and RAMSAR site. Before deciding to give permission we must therefore first consider whether this development is likely to have a significant effect on the CBEEMS either alone or in combination with other plans or projects in the same catchment area.
Following an investigation of likely significant effects on the CBEEMS features water quality was identified as the only factor that might have an effect this is discussed below.
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Water Quality
With regard to the water quality issues in the Burry inlet and Loughor Estuary, the City and County of Swansea has followed the advice of their statutory advisor, and has commissioned a preliminary assessment under the above Regulations which is limited to the assessment of potential wastewater effects only.
This assessment notes that as part of their review of consents (RoC) under regulation 63 the Environment Agency (EA) undertook a detailed Habitats Regulations assessment in relation to the effects of their consented activities. Consent modifications were identified to enable the Environment Agency to conclude no adverse effect on the integrity of the CBEEMS in respect of their consents operating at their maximum consented limits.
As the consents in question have already been subject to a full assessment (alone and in- combination) under the provisions of the Habitat Regulations, there is no need for the City and County of Swansea to undertake a further assessment where development can be accommodated within the post RoC discharge consent limits.
It is the opinion of the authority that this development can be accommodated within the post RoC discharge consent limits, and will not be likely to have a significant effect either alone or in-combination on the Carmarthen Bay and Estuaries SAC, the Carmarthen Bay SPA, or the Burry Inlet SPA and RAMSAR. Such effects can be excluded on the basis of the objective information available through the Environment Agency review.
Other Possible Effects on CBEEMS features
In addition, it is considered that there are no other potential adverse effects from this development proposal, either alone or in combination with other plans or projects on the above protected European sites.
CONCLUSION
On this basis there is no requirement to make an appropriate assessment of the implications of the proposed development in accordance with regulation 61(1).
The LPA has therefore satisfied its obligations as the ‘competent authority’ under the Habitats Directive and associated Habitat Regulations. This is in line with the requirements of National Planning Policy guidance and Policy EV25 of the Unitary Development Plan,
CCW have now withdrawn their objections on the basis that the Habitats Regulation Assessment has been completed.
Hydraulic Capacity Issues in Gowerton WwTW drainage network
Whilst the LPA is satisfied that it has addressed the issues relating to the Habitats Regulations on this site, the EAW have advised the LPA recently that there outstanding Hydraulic Capacity issues in the Gowerton Waste Water Treatment Works catchment area. In 2011 Dwr Cymru Welsh Water adopted the findings of a study commissioned to investigate the problems and solutions relating to foul drainage in this drainage catchment area. Page 37 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 1 (CONT’D) APPLICATION NO. 2009/0744
They have also prepared a Plan of Improvements works for Gowerton WwTW catchment area to start in 2020 (AMP 7). In the meantime they are prepared to bring forward schemes if developers finance them.
In addition, the Council has kept a register of savings made on brownfield sites and some of these have been completed. This register is required by the Memorandum of Understanding 2011 agreed and signed by the City and County of Swansea, together with its partners Carmarthenshire County Council, Dwr Cymru Welsh Water, Environment Agency Wales and Countryside Council for Wales.
Foul Drainage
In this particular case, the scheme was originally submitted with foul water being treated on site by a private system, because the applicant could not connect to the nearest sewer which was private. However, since late 2011 all private sewers have been adopted by DCWW and new arrangements had to be made to connect this proposal to the newly adopted public sewer. As such further consideration has been given to the impact of this drainage on the drainage network into Gowerton Waste Water Treatment Works (WwTW).
Revised drainage proposals were submitted this January, and following careful consideration of these details, further clarification was sought from DCWW who confirmed that there is currently sufficient capacity in the foul drainage network for this particular development. This advice was, however, subsequently amended with DCWW advising that following further investigation the proposed development would overload the existing public sewerage system.
Both DCWW and EAW have confirmed that the foul connections for this development should be compensated for by surface water removal, preferably in this sub catchment or alternatively in the wider Gowerton WwTW catchment area. In this respect, the applicant’s agent has put forward a scheme for the removal of surface water from an existing property in the applicants control in the Gorseinon area, however, it would appear that this property drains to the Llannant WwTW and therefore is not a viable solution in this respect. As such it would not release compensatory surface water in the Gowerton WwTW drainage network. No other compensatory schemes have been submitted for consideration.
As indicated above, however, there are adequate savings made in the Council’s register for the Gowrton WwTW catchment area and the circumstances in this instance are regarded as relatively unique. In this respect the application has been under consideration for a considerable period of time and as a result of changes in legislation, foul flows from the proposed development must now connect to the newly adopted public sewer as opposed to the on site private system originally proposed. Although DCWW recently confirmed that there was sufficient capacity in the system to cater for foul flows from the proposed development this advice has subsequently been amended and a viable alternative drainage solution has not been agreed. On this basis, given that the volume of foul flows from the development would be relatively small, it is considered that given the exceptional circumstances in this instance, there is sufficient justification to use a small part of these savings secured on the Council’s register to facilitate the development of this affordable housing scheme in a recognised area of need.
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ITEM 1 (CONT’D) APPLICATION NO. 2009/0744
Land and Surface Water Drainage
The arrangements for surface water drainage have been submitted and have been considered by the Council’s drainage officers. The details are satisfactory in principle, but it is considered necessary to require further details of the drainage arrangements prior to the occupation of the units to ensure there is no potential future harm to the water environment of the estuary or the amenities of existing and future residents. This can be controlled by condition. On the basis of the information submitted to date, it is considered there are no overriding reasons to warrant refusal on drainage grounds alone.
Conclusions
Subject to further control by conditions, it is considered that the drainage arrangements for this scheme are acceptable and in accordance with the provisions of Policies EV33, EV34, Ev35 and EV35.
Other Material Considerations
The concerns raised by third parties are summarised above and have been addressed within the above appraisal. This includes reference to UDP policy considerations, the current status of this greenfield site and its acceptability for development. Each development proposal is unique and each case is considered on its own merits. As such, having regard to the particular characteristics of this site, it is not considered that allowing development on this site will set a precedent for allowing the development of other green wedge sites. The highway access and public safety concerns relating to traffic are considered in the Highways Officer’s response. The design and layout considerations have been carefully assessed by the Council’s Design Officer following pre application consideration by the Design for Commission for Wales. The impact on local wildlife and ecology has been subject to an updated ecological survey carried out last year and this has been properly assessed by the Countryside for Wales and the Council’s Ecologists.
The drainage proposals have been considered in the above report, including the new proposals for foul connections and the hydraulic capacity issues, as well as the land/surface water drainage issues. Whilst DCWW has raised objection to the proposed drainage of this site, this is only based on their very recent discovery of capacity issues downstream of the development. It is considered that their requirement for compensatory surface water savings in the Gowerton WwTW catchment area can be accommodated for in the Council’s Register of savings made from brownfield sites in the Gowerton WwTW catchment area. The principle of the revised surface water proposals have been considered by the Council’s drainage officers. These drainage matters can be further controlled by condition to ensure that there is no harm to the amenity of residents and the environment.
With regard to the issues raised by a neighbouring objector reproduced above regarding the latest drainage proposals, these have been considered and the following response is numbered in relation to the questions above:-
1. The Council has adopted the standard calculations adopted in the MOU 2011 which indicate that a typical residential property would generate 0.013 litres per second at peak times i.e. morning and evening.
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2. It is the responsibility of the sewerage undertaker to consider connections in line with their guidance and industry standards.
3. The requirements of siting of sewer connections is the responsibility of the sewerage undertaker to consider in line with their guidance and industry standards.
4. There appears to be an editing error; Figure 2 also shows the route of the proposed foul sewer and its connection within the road via a new manhole.
5. We are unable to comment on the accuracy of DCWW records; however DCWW have only recently adopted the sewer under the recently commenced Floods and Water Management Act, Section 42, which may explain why the sewer referred to does not show on current records.
6. The re-routed land drains will continue to function as previously and will not collect any additional water hence there will be no net increase in flows or loadings to the land drainage regime. The drainage of all new hard standing areas (car parks, roofs etc) created as a result of the development is required to be controlled and attenuated to natural run-off rates so they mimic the current undeveloped situation, in this instance via a drainage blanket and then through a limiting ‘valve’ i.e. an orifice plate or hydrobrake.
Conclusion
Having regard to all material considerations including the Human Rights Act, it is considered that the proposed development represents a high quality of design and sustainable form of development at this edge of urban settlement location that will not have a significant harmful effect on the visual or residential amenities of the area, highway safety, or environmental interests in this area. This site falls within the Swansea West Strategic Housing Zone which is identified in Policy HC3 as an area where smaller sites such as this are considered for affordable housing. The proposal for 100% affordable housing has the support of the Housing Service. Whilst not required to meet the Code requirements, it is anticipated that this scheme will reach sustainability Code Level 4. Moreover the proposal will represent a logical ‘rounding’ off of the existing urban area and will not set a precedent in this Green Wedge for consideration of other residential development, or have a cumulative impact on the wider area.
In conclusion, it is considered that the provision of 100% affordable housing, together with the development’s high standard of design and compliance with sustainability objectives justifies a departure from to the provisions of Green Wedge Policy EV23 of the Unitary Development Plan. On this basis, it is considered that the proposal meets the requirements of the prevailing policies of the Unitary Development Plan and overarching guidelines of National Planning policy guidance.
Approval is recommended. However, as this proposal represents a departure from the Development Plan it will need to be referred to the Development Management and Control Committee for final determination.
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RECOMMENDATION
That the application be REFERRED TO THE DEVELOPMENT MANAGEMENT AND CONTROL COMMITTEE as a Departure from the provisions of the Development Plan with a recommendation that it be APPROVED subject to the following conditions:
1 The development hereby permitted shall begin not later than five years from the date of this decision. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990. In the interests of protecting species under Schedule 5 (Sections 9 (1) and 9 (5) ) of the Wildlife and Countryside Act 1981.
2 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or amending that Order), Classes A to H of Part 1 and Classes A and C of Part 2 of Schedule 2 shall not apply. Reason: The development hereby approved is such that the Council wish to retain control over any future development being permitted in order to ensure that a satisfactory form of development is achieved at all times.
3 A.) No development including demolition work shall commence on site until a scheme for the retention and protection of trees to British Standard 5837:2012 - Trees in relation to design, demolition and construction has been submitted to and approved in writing by the Local Planning Authority. This shall include full details on all works that impact on the original ground conditions within the root protection areas, as detailed in BS5837:2012 and in particular details of protective fencing, ground protection & construction method, required tree surgery operations, service trenching position and any changes in ground level within the root protection areas of all retained trees. No development shall take place except in complete accordance with the approved scheme, and the works required by that scheme are in place. All protective fencing, ground protection etc shall be retained intact for the full duration of the development hereby approved, and shall only be removed, or altered in that time with the prior written approval of the Local Planning Authority.
B.) No development including demolition work shall commence until all tree protection measures as detailed in the approved scheme have been implemented, inspected and approved in writing by the Local Planning Authority. Reason: To ensure the protection of retained trees on site during construction works. In the interests of protecting species under Schedule 5 (Sections 9 (1) and 9 (5) ) of the Wildlife and Countryside Act 1981.
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4 No development shall commence until the developer has prepared a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water, and land drainage will be dealt with and this has been approved in writing by the Local Planning Authority. This scheme shall include details of a sustainable drainage system (SUDS) for surface water drainage and/or details of any connections to a surface water drainage network. The development shall not be brought into beneficial use until the works have been completed in accordance with the approved drainage scheme, and this scheme shall be retained and maintained as approved unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that a satisfactory comprehensive means of drainage is achieved and that no adverse impact occurs to the environment or the existing public sewerage system and to minimise surface water run-off.
5 Unless otherwise agreed in writing with the Local Planning Authority, foul water and surface water discharges must be drained separately from the site and no surface water or land drainage shall be allowed to connect (either directly or indirectly) to the public foul sewerage system. Reason: To prevent hydraulic overloading of the public sewerage system and pollution of the environment.
6 Notwithstanding the submitted plans, no development shall commence, until a detailed landscaping scheme has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall meet the following requirements:-
(i) Further details of a programme for the clearing/removal of alien species such as Cotoneaster sp. and Crocosmia x crocusmiiflora. (ii) Further details of the proposed planting and use of native species where possible; (iii) Further details of the retention and reinforcement of the hedge along the southern, eastern, and western boundaries of the site with native trees/hedges to be implemented outside the bird breeding season (that is typically March to August); No part of the trees or hedge shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner within 5 years from the date of occupation of the first house, or the date of planting (whichever applies), other than in accordance with the approved plans and particulars, without the prior written approval of the Local Planning Authority.
The approved scheme shall be carried out either as an integral part of the development and/or no later than the first planting season following completion. Reason: To ensure that the site is satisfactorily landscaped having regard to its location and the nature of the proposed development, and to accord with Section 197 of the Town and Country Planning Act 1990.
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7 The site shall not be brought into beneficial use until the highway 'Greenways' has been improved to a minimum width of 5.5m, resurfaced and either a) a speed table or b) radius kerbs are installed at the site access junction, in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of highway safety
8 Prior to the beneficial use of the development, the proposed footway along the site frontage shall extend to and connect to the existing footway to the east of the site, in accordance with details to be submitted to and approved in writing with the Local Planning Authority. Reason: In the interests of highway safety
9 No dwelling shall be occupied until the access and parking works have been completed and ready for use, all in accordance with detailed layout plans which shall be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of highway safety and general amenity
10 No works of site clearance, demolition or construction shall take place in pursuance of this permission, until a) a programme to transfer and exclude reptiles from the site has been submitted to and agreed in writing by the Local Planning Authority, and b) the approved scheme has been implemented, inspected, and approved by the Local Planning Authority. Reason: In the interests of protecting species under Schedule 5 (sections 9 (1) and 9 (5) of the Wildlife and Countryside Act 1981.
11 Notwithstanding the plans submitted, before the development hereby approved is brought into beneficial use, any external lighting shall be completed in accordance with details to be submitted to and approved in writing with the Local Planning Authority, and retained as such unless otherwise agreed in writing with the Local Planning Authority. Reason: In the interests of nature conservation.
12 Samples of all external finishes shall be submitted to and approved by the Local Planning Authority in writing before the development is commenced. The scheme shall be implemented in accordance with the approved details. Reason: In the interests of the visual amenities of the area.
INFORMATIVES
1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: Policies EV1, EV2, EV3, EV18, EV20, EV22, EV23, EV24, EV25, EV30, EV33, EV34, EV35, EC13, HC2, HC3, HC17, AS1, AS2, AS3, and AS6.
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2 This consent is issued without prejudice to any other consents or easements that may be required in connection with the proposed development.
3 As part of a sustainable drainage system the developer is advised to consider the use of sustainable drainage (SUDS) measures, such as permeable paving for the driveway access and car parking area, and rainwater or greywater harvesting from the new buildings, etc.
4 The developer is advised to contact Dwr Cymru Welsh Water on Tel. No. 0800 917 2652, e-mail [email protected], regarding the adequacy of water supply, and the adequacy of the sewerage system serving this area, to be agreed independently with the Water Authority.
5 The developer is advised to contact the Environment Agency on Tel. No. 08708 506 506 , e-mail [email protected] , regarding details of the intended pollution control measures required on site.
6 The Developer must contact the Team Leader - Highways Management, City and County of Swansea (Highways), Penllergaer Offices c/o Civic Centre, Swansea, SA1 3SN (Tel 01792 636091) before carrying out any work.
7 It is an offence under the Wildlife & Countryside Act 1981 (as amended) to intentionally (intentionally or recklessly for Schedule 1 birds) to: - Kill, injure or take any wild bird - Take, damage or destroy the nest of any wild bird while that nest is in use or being built - Take or destroy an egg of any wild bird You are advised that any clearance of trees, shrubs, scrub (including gorse and bramble) or empty buildings should not be undertaken during the bird nesting season, 1st March - 31st August and that such action may result in an offence being committed.
8 PARTY WALL ETC ACT 1996 The developer is advised that the provisions of the Party Wall etc. Act 1996 may be applicable to the proposal and is advised to seek appropriate advice prior to any work commencing on site.
PLANS
0658/D01 demolition existing ground floor plan, 0658/E01 existing ground floor plan, 0658/E02 existing elevations) received 19th May 2009. Amended site location plan received 13th August 2009, Amended plans: 0658/S01A- proposed context plan, 0658/S02A- proposed location plan, 0658/S03B- proposed ground floor plan, 0658/S04B- proposed first floor plan, 0658/S05B-proposed roof plan, 0658/S06 proposed ground floor plan, 0658/S07A- proposed general arrangement, 0658/S08A- proposed north elevation, 0658/S09A- proposed east elevation, 0658/S10A- proposed east elevation (2), 0658/S11A- proposed east elevation (3), 0658/S12A- proposed west elevation received 8th December 201. Additional plan site survey received 9th December 2011. Revised Drainage Report and Ecological Appraisal received 8th January 2013.
Page 44 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 2 APPLICATION NO. 2012/1180 WARD: Mayals Area 2
Location: Land adjacent 24 Southerndown Avenue Mayals Swansea SA3 5EL Proposal: Two detached dwellings Applicant: Mr Andrew Davies
S i n k s
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NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright.
Page 45 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 2 (CONT’D) APPLICATION NO. 2012/1180
BACKGROUND INFORMATION
POLICIES
Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).
Policy EV2 The siting of new development shall give preference to the use of previously developed land and have regard to the physical character and topography of the site and its surroundings. (City & County of Swansea Unitary Development Plan 2008).
Policy EV3 Proposals for new development and alterations to and change of use of existing buildings will be required to meet defined standards of access. (City & County of Swansea Unitary Development Plan 2008)
Policy EV22 The countryside throughout the County will be conserved and enhanced for the sake of its natural heritage, natural resources, historic and cultural environment and agricultural and recreational value through: i) The control of development, and ii) Practical management and improvement measures. (City & County of Swansea Unitary Development Plan 2008)
Policy EV26 Within the Gower AONB, the primary objective is the conservation and enhancement of the area's natural beauty. Development that would have a material adverse effect on the natural beauty, wildlife and cultural heritage of the AONB will not be permitted. (City & County of Swansea Unitary Development Plan 2008)
Policy EV20 In the countryside new dwellings will only be permitted where justification is proved in terms of agriculture, forestry or the rural economy; there is no alternative existing dwelling in nearby settlements; and the proposed dwelling is located close to existing farm buildings etc. (City & County of Swansea Unitary Development Plan 2008)
SITE HISTORY
App No. Proposal 95/0521 ERECTION OF 4 NO DWELLING HOUSES Decision: Withdraw Decision Date: 08/03/1999
88/1471/01 RESIDENTIAL DEVELOPMENT (OUTLINE) Decision: *HPS106 - PERMISSION SUBJ - S106 AGREEM. Decision Date: 18/06/1991
Page 46 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 2 (CONT’D) APPLICATION NO. 2012/1180
84/0074/03 PROPOSED PLAY AREA. Decision: *HRP - REFUSE PERMISSION Decision Date: 29/03/1984
2005/2534 Three detached dwellings Decision: Grant Permission Conditional Decision Date: 06/09/2007
2003/1597 To fell one Ash tree and one Oak tree covered by TPO No. 400 Decision: Refuse Decision Date: 07/10/2003
2003/1984 Construction of one dwelling (outline) Decision: Withdrawn Decision Date: 30/12/2003
RESPONSE TO CONSULTATIONS:
Neighbours: The application was advertised on site and in the press as a departure from the provisions of the Development Plan. All adjoining neighbouring properties and previous objectors were individually consulted and THREE LETTERS OF OBJECTION were received which are summarised below:
1. Not enough room for proposal on site. 2. Knotweed problems on site. 3. Highway safety. 4. Destruction of trees. 5. Site is within an AONB. 6. Site within Countryside where Policy EV20 would apply. 7. Site is a complete eyesore. 8. Health and safety concerns with the site. 9. Disturbance associated with the clearance of the land. 10. Drainage concerns. 11. Unacceptable impact upon TPO’s. 12. Traffic and congestion concerns. 13. Dwellings would erode a visual gap within the street-scene. 14. Part of the site is within a SINC. 15. Proposal is unacceptable in principle. 16. Development will result in pressure to fell certain trees. 17. Development has commenced without adherence to previous conditions. 18. Unacceptable impact upon protected species contrary to the Wildlife and Countryside Act 1981. 19. Obstruction of the highway.
Highways: Consent has previously been granted for three dwellings on land adjacent to 24 Southerndown Avenue in 2007. More recently, consent for one dwelling with annexe was consented on the site and this application proposes a further two dwellings on the remainder of the site. Page 47 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 2 (CONT’D) APPLICATION NO. 2012/1180
Most of Southerndown Avenue has development on both sides of the road, this development proposal would fill the gap on the north side of this part of the road. Southerndown Avenue is of a standard that normally supports development on both sides of the road and technically is suitable to accommodate the proposal.
The proposal indicates two 4 bedroom properties and adopted parking guidelines suggest that the maximum 3 spaces should be provided within the site. The layout plans indicate side drives however details on the length of drives is not clear therefore additional clarification on the extent of on site parking is required.
The proposal includes the provision of a footway along the development frontage.
I recommend no highway objection subject to the following;
1. Each plot shall provide three on site parking spaces in accordance with details to be submitted and approved.
2. A footway shall be constructed along the development site frontage in accordance with details to be submitted and approved.
Note: The Developer must contact the Team Leader - Highways Management, City and County of Swansea (Highways), Penllergaer Offices c/o Civic Centre, Swansea, SA1 3SN (Tel 01792 636091) before carrying out any work.
Mumbles Community Council: Object on the following grounds:
1. Overintensification. 2. Defined as Greenspace in the UDP. 3. Proposed as Greenspace in the LDP. 4. Area is a wildlife corridor. 5. Impact on local wildlife. 6. Area of AONB. 7. Concern regarding the loss of trees.
Dwr Cymru/Welsh Water: No objection subject to conditions and informative.
APPRAISAL
This application has been reported to Committee for decision and a Site Visit has been requested by Councillor Linda Tyler-Lloyd in order to assess the impact of the proposal upon the visual amenities of the area and the residential amenities of the neighbouring properties.
Description
Full planning permission is sought for the erection of two dwellings at land adjacent to 24 Southerndown Avenue. Planning Permission Ref: 2005/2534 was previously approved for the erection of 3 dwelling and this current application relates entirely to amendments to Plots 2 and 3 of this previously approved application. Planning permission has already been granted under Ref: 2010/0425 for amendments to Plot 1 which also required the diversion of on existing sewer. Page 48 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 2 (CONT’D) APPLICATION NO. 2012/1180
The proposed plots do not significantly differ in physical dimensions or design from what was previously approved under Ref: 2005/2534, however the diversion of the sewer has required a revision of their siting in a south-eastern direction.
Principle
The site falls within the Gower AONB, however, the principle of development has clearly been established for residential development at this location under the provisions of Planning Permission Ref: 2005/2534, however, that application was determined having regard for the provisions of the Swansea Local Plan Review No1 which identified the site as unallocated white land. Since this approval the Swansea Unitary Development Plan has been formerly adopted and the land in question currently falls within the countryside, outside the Urban Area designated on the Proposals Map. However given that there was an extant permission on the land for three detached dwellings when the application was submitted, the principle of residential development is considered acceptable in this instance.
Main Issues
Given the principle of residential development is considered to be acceptable in this instance, the main issues to consider as part of the determination of this application relate to the proposed changes to the scheme and their impact upon residential amenity, visual amenity, ecology, protected trees and highway safety having regard for the provisions of the Swansea Unitary Development Plan. It is not considered that the provisions of the Human Rights Act raise any additional issues.
Visual Amenity
In visual terms the proposed dwellings do not differ significantly from what was originally approved and as such are considered acceptable in visual terms. Due to issues relating to the location of the sewer, the dwellings have been re-sited in a south-eastern direction. It is not considered that the revised siting and orientation of the dwellings would have an unacceptable impact upon the character and appearance of the street-scene or the wider Gower AONB and furthermore the proposed rear decked area would not be prominent from wider public vantage points and would be seen in the context of the proposed dwelling house from the rear. As such in visual terms the proposal is considered to be acceptable and complies with Policies EV1, EV2, EV22 and EV26 of the Swansea UDP.
Residential Amenity
Turning to residential amenity the proposed dwellings have sufficient distance from one another in order to mitigate against potential overbearing and overshadowing upon the future occupiers of the proposed dwellings. In terms of overlooking impacts upon the proposed dwellings an agreed boundary treatment and differing levels will, it is considered, mitigate against unacceptable overlooking at ground floor level and from the rear decked area.
In terms of the impact upon the residents opposite, given the similarities between what was previously approved it is not considered that the proposal would give rise to any unacceptable overlooking, overbearing or overshadowing impacts over and above that previously approved sufficient to warrant a recommendation of refusal of this application. Page 49 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 2 (CONT’D) APPLICATION NO. 2012/1180
Highway Safety
In terms of highway safety issues, notwithstanding the objections raised by third parties the Head of Transportation and Engineering considered that having regard to the planning history of the site and provided that details of the footway and parking layouts providing three parking spaces are submitted for approval prior to works commencing there are no highway safety objections to the grant of planning permission.
Trees
Having consulted with the Council’s Aboricultrurist, it is considered that there are a number of high amenity trees located along the south eastern boundary of the site. Many of these trees are protected by the Tree Preservation Order 020. The large pine trees on the south eastern boundary are considered to provide value to the surrounding area. It has been noted that ground levels on the site have been increased around an area of the pines roots which will have some long term adverse impact. Also the position of plot 3 is within close proximity to one of the large pine trees. In light of this the Council’s Aboriculturist recommended the re-siting of plot 3 in a north west direction. Amended plans were subsequently submitted which ensures that subject to conditions the proposal will not affect the protected trees subject to conditions.
Ecology
Having consulted the Council’s Ecologist there are no objections to the proposed scheme subject to the informatives as recommended.
Response to Consultations
Notwithstanding the above four letters of response were received raising concerns relating to the pair of semi-detached houses being out of keeping with the character of the area, ecology issues, lack of parking, the pattern of development, highway safety, the impact upon the protected trees, ecology, overdevelopment, traffic congestion, impact on AONB and countryside. The issues pertaining to which have been addressed in the main body of my report. With regard to issues of drainage, Welsh Water raise no objections.
A condition is suggested in order to ensure that the Japanese Knotweed on the site is eradicated properly.
Inconvenience associated with construction is a temporary problem and is therefore not a material planning consideration and was not taken into account during the determination of this application. Health and Safety issues are also addressed under separate legislation.
Concern has been raised relating to the fence erected around the site. The fence is only temporary and does not obstruct a footpath as there is no footpath on this side of the road.
Page 50 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 2 (CONT’D) APPLICATION NO. 2012/1180
Conclusion In conclusion, given the previous approval it is considered that subject to conditions the proposed dwellings would have an acceptable impact upon the character and appearance of the surrounding streetscene and the wider Gower AONB, the residential amenities of the neighbouring properties and highway safety. As such the proposal is considered to comply with the provisions of Policies EV1, EV2, EV3, EV22 and EV26 of the Swansea UDP and is therefore recommended for approval.
Given the previous extant permission on the site it is considered that whilst the proposal is technically contrary to the provisions of Policy EV20 of the Swansea UDP, it is an acceptable departure from the provisions of the Development Plan.
RECOMMENDATION APPROVE, subject to the following conditions:
1 The development hereby permitted shall begin not later than five years from the date of this decision. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990.
2 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or amending that Order), Classes A, B and F of Part 1 of Schedule 2 shall not apply. Reason: The development hereby approved is such that the Council wish to retain control over any future development being permitted in order to ensure that a satisfactory form of development is achieved at all times.
3 A detailed scheme for the eradication of Japanese Knotweed shall be submitted to and approved in writing by the Local Planning Authority, and shall be implemented prior to the commencement of work on site. Reason: In the interests of the ecology and amenity of the area.
4 No development including demolition work shall commence on site until a scheme for the retention and protection of trees to British Standard 5837:2012 - Trees in relation to design, demolition and construction has been submitted to and approved in writing by the Local Planning Authority. This shall include full details on all works that impact on the original ground conditions within the root protection areas, as detailed in BS5837:2012 and in particular details of protective fencing, ground protection & construction method, required tree surgery operations, service trenching position and any changes in ground level within the root protection areas of all retained trees. No development shall take place except in complete accordance with the approved scheme, and the works required by that scheme are in place. All protective fencing, ground protection etc shall be retained intact for the full duration of the development hereby approved, and shall only be removed, or altered in that time with the prior written approval of the Local Planning Authority. Reason: To ensure the protection of retained trees on site during construction works. Page 51 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 2 (CONT’D) APPLICATION NO. 2012/1180
5 No development including demolition work shall commence until all tree protection measures as detailed in the approved scheme have been implemented, inspected and approved in writing by the Local Planning Authority. Reason: To ensure the protection of retained trees on site during construction works.
6 Prior to the dwelling being brought into beneficial use details of the proposed footway shall be submitted to and approved in writing by the Local Planning Authority and shall be completed in accordance with the approved details. Reason: In the interest of highway safety.
7 No development shall commence until details of the proposed parking layout which shall include three off street parking spaces per dwelling has been submitted to and agreed in writing by the Local Planning Authority. Reason: In the interest of highway safety.
8 The dwelling(s) shall be constructed to achieve a minimum of Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category "Ene1 - Dwelling Emission Rate" in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (November 2010 - Version 3). The development shall be carried out entirely in accordance with the approved assessment and certification. Reason: In the interests of sustainability.
9 The construction of the dwelling(s) hereby permitted and any external works shall not begin until an "Interim Certificate" has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Level 3) and a minimum of 1 credit under "Ene1 - Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability.
10 Prior to the occupation of the dwelling(s) 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 1 credit under "Ene1 - Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability.
INFORMATIVES
1 Please note it is an offence under the Town and Country Planning Act 1990 to: • Cut down, uproot, top, lop, wilfully destroy or wilfully damage a tree protected by a Tree Preservation Order. - continued -
Page 52 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 2 (CONT’D) APPLICATION NO. 2012/1180
• Wilful damage to a protected tree includes damage to its surrounding rooting area by: excavation work, storage of materials or machinery, parking of vehicles, deposit of soil or rubble, disposal of liquids, or the mixing of cement.
2 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: (EV1, EV2, EV3, EV20, EV22 and EV26)
3 This consent is issued without prejudice to any other consents or easements that may be required in connection with the proposed development.
4 Birds may be present in this building and grounds please note it is an offence under the Wildlife & Countryside Act 1981 (as amended) to intentionally (intentionally or recklessly for Schedule 1 birds) to: - Kill, injure or take any wild bird - Take, damage or destroy the nest of any wild bird while that nest in use or being built - Take or destroy an egg of any wild bird Care should be taken when working on buildings particularly during the bird nesting season March-August.
5 Foul water and surface water discharges shall be drained separately from the site.
Reason: To protect the integrity of the public sewerage system.
No surface water shall be allowed to connect either directly or indirectly, to the public sewerage system unless otherwise approved in writing by the Local Planning Authority.
Reason: 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.
Land drainage run-off shall not be permitted to discharge, either directly or indirectly into the public sewerage system.
Reason: To prevent hydraulic overload of the public sewerage system and pollution of environment.
The Welsh Government have introduced new legislation that will make it mandatory for all developers who wish to communicate with the public sewerage system to obtain an adoption agreement for their sewerage with Dwr Cymru Welsh Water (DCWW). The Welsh Ministers Standards for the construction of sewerage apparatus and an agreement under Section 104 of the Water Industry Act (WIA) 1991 will need to be completed in advance of any authorisation to communicate with the public sewerage system under Section 106 WIA 1991 being granted by DCWW. - continued -
Page 53 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 2 (CONT’D) APPLICATION NO. 2012/1180
Welsh Government introduced the Welsh Ministers Standards on the 1st October 2012 and we would welcome your support in informing applicants who wish to communicate with the public sewerage system to engage with us at the earliest opportunity. Further information on the Welsh Ministers Standards is available for viewing on our Developer Services Section of our website - ww.dwrcymru.com
Further information on the Welsh Ministers Standards can be found on the Welsh Government website - www.wales.gov.uk
Some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal we request the applicant contacts our Operations Contact Centre on 0800 085 3968 to establish the location and status of the sewer. 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 Development Consultants on 01443 331155.
6 Bats may be present. All British bat species are protected under Schedule 5 of the Wildlife & Countryside Act 1981 (as amended) and are listed in Schedule 2 of the Conservation of Habitats and Species Regulations 2010. This legislation implements the EC Habitats & Species Directive in the UK making it an offence to capture, kill or disturb a European Protected Species or to damage or destroy the breeding site or resting place of such an animal. It is also an offence to recklessly / intentionally to disturb such an animal. If evidence of bats is encountered during site clearance, work should cease immediately and the advice of the Countryside Council for Wales sought before continuing with any work (01792 634960).
PLANS
HG.10.42.POS Rev C Os Extract and block plan dated 28th Jan 2013, HG.10.42.P01 Rev D site survey, HG.10.42.P02 Rev D proposed floor plans for plot 2, HG.10.42.P03 Rev D proposed elevations for plot 2, HG.10.42.P04 Rev D proposed floor plans for plot 3, HG.10.42.P05 Rev D proposed elevations for plot 3 dated 7th February 2013
Page 54 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 3 APPLICATION NO. 2012/1005 WARD: Penyrheol Area 2
Location: Land to rear of 16 Frampton Road Gorseinon Swansea SA4 4XY Proposal: Construction of 3 pairs of semi-detached dwellings, a terrace of 3 dwellings and a terrace of 4 dwellings (outline) Applicant: Mr Jones
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NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright. Page 55 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 3 (CONT’D) APPLICATION NO. 2012/1005
BACKGROUND INFORMATION
POLICIES
Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).
Policy EV2 The siting of new development shall give preference to the use of previously developed land and have regard to the physical character and topography of the site and its surroundings. (City & County of Swansea Unitary Development Plan 2008).
Policy EV35 Development that would have an adverse impact on the water environment due to: i) Additional surface water run off leading to a significant risk of flooding on site or an increase in flood risk elsewhere; and/or, ii) A reduction in the quality of surface water run-off. Will only be permitted where it can be demonstrated that appropriate alleviating measures can be implemented. (City & County of Swansea Unitary Development Plan 2008)
Policy EV34 Development proposals that may impact upon the water environment will only be permitted where it can be demonstrated that they would not pose a significant risk to the quality and or quantity of controlled waters. (City & County of Swansea Unitary Development Plan 2008)
Policy EV33 Planning permission will normally only be granted where development can be served by the public mains sewer or, where this system is inadequate, satisfactory improvements can be provided prior to the development becoming operational. (City & County of Swansea Unitary Development Plan 2008)
Policy HC2 Housing development within the urban area will be supported where the site has been previously developed, its development does not conflict with other policies, does not result in ribbon development, and the coalescence of settlements, overintensive development, loss of residential amenity, adverse effect on the character and appearance of the area, loss of urban green space, harm to highway safety, adverse effects to landscape, natural heritage, security and personal safety, infrastructure capacity, and the overloading of community facilities and services. (City & County of Swansea Unitary Development Plan 2008)
SITE HISTORY
App No. Proposal 2009/1237 Construction of new access road Decision: Refuse Decision Date: 08/10/2009
Page 56 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 3 (CONT’D) APPLICATION NO. 2012/1005
2005/0766 Construction of one block of 8 replacement garages and one block of 9 replacement garages Decision: Grant Permission Conditional Decision Date: 19/07/2005
RESPONSE TO CONSULTATIONS
ORIGINAL SCHEME
22 individual properties were consulted. SIX LETTERS OF OBJECTION were received, which are summarised as follows:
1. Object to access/egress onto this busy, congested road opposite and existing access from Queensgate. 2. We will lose all privacy, being overlooked by the new development. 3. There is already a problem with both surface and rising water. 4. Unsafe for current traffic flow and pedestrians.
Gorseinon Town Council – No objection.
Dwr Cymru Welsh Water – No objection subject to conditions.
Highways Observations –
Background
1.1 An application was made previously to construct access into this site. No details were included with regard to what level of development it was intended to serve and therefore suitability of the proposal could not be properly assessed. The application was therefore refused.
1.2 This resubmission includes details for a development of 13 dwellings.
2 Access and Site Layout
2.1 Access is to be located between 14 and 16 Frampton Road. After raising initial concerns, an amended plan was submitted indicating a standard road width of 5.5m with footways either side. Due to constraints, the footway does narrow down to 1.17m as it passes no 16 and is 1.5 m wide on the opposite footway at that point. The remainder of both footways accord with the full 1.8/2m wide standard. Technical advice on footway width shows a need for 0.9m to accommodate a wheelchair.
2.2 The location of the access does raise some concern as it is sited almost opposite the Heol Pentrebach junction. This junction serves approximately 125 dwellings. The relative positions of these opposing junctions makes a right turn into each of them difficult to undertake should they occur at the same time. The separation distance between the two junctions is little more than a car length and therefore conflict can occur in such circumstances.
Page 57 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 3 (CONT’D) APPLICATION NO. 2012/1005
2.3 Estimation of the likely right turning movements into the proposed site during the pm peak is 5 movements. This is a small number of movements that could conflict with right turns into Heol Pentrebach during the pm peak hour and on balance is considered unlikely to present a significant problem.
2.4 Visibility at the proposed access complies with nationally recommended standards and therefore will not be prejudicial to the safe movement of existing traffic past the site.
2.5 The proposed dwellings are laid out around the access road and are shown to provide at least 2 on site parking spaces each. A turning facility is also included which accords with recommended standards.
3 Traffic Generation
3.1 Traffic generation is predicted as approximately 9 two way movements in the am peak and 10 two way movements in the pm peak. Set against background traffic of approximately 300 movements in each peak hour on Frampton Road, the site would increase this by 3% which is not considered significant.
4 Conclusions
4.1 The positioning of the site access is less than ideal and full standards with regard to footway widths are not achieved, however detailed consideration of any implications are considered on balance to be acceptable. In all other respects the access and traffic generation implications are considered acceptable.
4.2 On balance therefore, I recommend no highway objection subject to the following;
i. The site access road shall be constructed to base course level prior to any houses being erected.
ii. The site access road shall have a carriageway width of 5.5m for its entire length and shall incorporate visibility splays of 2.4m x 43m in each direction at its junction with Frampton Road.
iii. Each dwelling shall be provided with on site parking in accordance with adopted parking guidelines.
AMENDED SCHEME (amended layout)
26 properties were consulted. FIVE LETTERS OF OBJECTION have been received, which reiterate previous objections made and also raises a concern that the scheme will block the sun from gardens.
Gorseinon Town Council – No objection.
Highways Observations – No additional comments to make.
Page 58 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 3 (CONT’D) APPLICATION NO. 2012/1005
FURTHER AMENDED SCHEME (amended layout and changes to no.16 Frampton Road)
26 properties were re- consulted. ONE LETTER OF OBJECTION has been received reiterating previous concerns.
APPRAISAL
The application is reported to Committee for decision and a site visit requested by Councillor David Cole due to concerns over highway concerns and overintensification.
Outline planning permission is sought for the construction of thirteen dwellings at No. 16 Frampton Road, Gorseinon. Approval is sought for the construction of the access road with all other issues reserved for future consideration although a layout has been included for indicative purposes. The new road would provide access to the open land area to the south west and west of Frampton Road. The road would measure approximately 83m in length, culminating in a turning head and would have a width of 5m with a 2m deep footpath either side. The width of the road at the junction with Frampton Road would open up to a visibility splay of approximately 10m.
Members will recall that a planning application for a new access only – 2009/1237 refers, was refused in October 2009 for the following reasons:
1. The proposed access road would have below acceptable visibility, would lead to vehicle conflict and additional turning manoeuvres at this location to the detriment of highway safety and the freeflow of traffic contrary to the provisions of Policy EV1 of the Unitary Development Plan 2008.
2. The proposed access road would appear visually incongruous at this location and would also result in unacceptable additional noise and disturbance for the occupiers of neighbouring properties, contrary to Policy EV1 of the Unitary Development Plan 2008.
The main issues for consideration therefore are whether or not the current application has overcome the previous reasons for refusal together with consideration of the impact of the proposal on the visual amenities of the street scene together with the impact upon the residential amenities of neighbouring properties and highway safety having regard to the prevailing Development Plan Policies.
Policies EV1, EV2, HC2 of the Unitary Development Plan 2008 are considered to be the most relevant to the consideration of this application. Policies EV1 and EV2 seek to ensure new development accords with the criteria of good design, that preference is given to the use of previously developed land and not resulting in a significant detrimental impact upon local amenity in terms of visual impact, loss of light or privacy, disturbance and traffic movements. Policy HC2 refers to developments within the urban area being supported subject to criteria.
When the current planning application was originally submitted, the layout was for the same number of dwellings but the access road would have run directly adjacent to the gable end of No.16, and it was considered that the proposed layout would have given rise to loss of privacy and a cramped form of development.
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ITEM 3 (CONT’D) APPLICATION NO. 2012/1005
The applicant’s agent has subsequently submitted an amended layout plan which is considered more acceptable in terms of impact upon the existing neighbouring properties, although some further improvements could be made in a subsequent detailed application. In addition, in the new layout, part of No.16, which is under the control of the applicant, will be demolished and made good to create room for a footpath between the gable end of this house and the new road.
In terms of visual amenity, the new access road which would serve the new residential development would not be out of keeping with the character and appearance of this part of Frampton Road, given that there is a nearby access road to a housing development to the west of the site.
The current application indicated the new road serving a residential development of 13 dwellings, whereas the previously refused planning application (Ref: 2009/1237) for the access did not serve any purpose. The layout of the new development, whilst not being formally considered at this stage does indicate the intention of the applicant. The layout has been amended from that originally submitted and although there are some minor changes that could be made to make the layout more acceptable in terms of plot ratio, it is not considered that the proposed layout for 13 dwellings would appear as a cramped form of development that would lead to overintensification of the site and unacceptable living conditions for both future occupiers and occupiers of the surrounding properties.
It is acknowledged that a new road here would result in some loss of amenity for the occupiers of No.14 and 16 Frampton Road through increased noise and disturbance. The new road and pavement was originally proposed to be constructed abutting the side elevation and rear garden area of No.16 Frampton Road, which would have lead to an unacceptable impact upon their residential amenities through increased noise and disturbance. However, the amended layout plan indicates that No.16, which is in the applicant’s control, would be reduced in width by approximately 1.5m to allow more room between the end gable and a newly created footpath into the site. There could also be an unacceptable impact upon the occupiers of No.14, but the submitted plans indicate the construction of a 2m high acoustic fence along their northern boundary which would, it is considered, mitigate any impact in terms of noise and disturbance from the increased vehicular traffic to a more acceptable degree. The same boundary treatment would also be erected along the southern boundary of the rear garden of No.16 to help mitigate any unacceptable noise and disturbance. It is considered therefore that these acoustic fences would successfully mitigate any significant impact upon these occupiers and that the impact would not therefore be so unacceptable as to warrant a recommendation of refusal on this issue alone.
The layout provided indicates that the site could be developed to comply with the minimum distances between dwellings so that there would be no undue impact for the surrounding existing properties in terms of loss of light or overbearing physical impact. In several cases the minimum garden depths would be less than the 10m recognised to prevent direct overlooking or loss of privacy but it is considered that this could be overcome by an amendment to the layout at the detailed application stage.
As one of the previous reasons for refusal related to highway safety and traffic issues, the applicant commissioned a traffic report on the area, which was submitted as part of the application and subsequently considered by the Head of Transportation and Engineering.
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ITEM 3 (CONT’D) APPLICATION NO. 2012/1005
Having regard to this new information, no highway objection has been raised to the scheme subject to the site access road being constructed to base course level prior to any houses being erected, the site access road having a carriageway width of 5.5m for its entire length incorporating visibility splays of 2.4m x 43m in each direction at its junction with Frampton Road and each dwelling being provided with on site parking in accordance with adopted parking guidelines.
The City and County of Swansea, as the competent authority, is required under Regulation 61(1) of the Conservation of Habitats and Species Regulations 2010 (known as the ‘Habitat Regulations’) to undertake a Habitat Regulations Assessment of any project likely to have an effect on a European Site, or candidate/proposed European Site, either alone or in combination with other plans or projects, that is not necessary to the management of the site for management of the site for nature conservation.
In this instance, the European sites potentially affected are the Carmarthen Bay and Estuaries European Marine Site (CBEEMS), the Carmarthen Bay Special Protection Area (SPA) and the Burry Inlet SPA and RAMSAR site. Before deciding to give permission we must therefore first consider whether this development is likely to have a significant effect on the CBEEMS either alone or in combination with other plans or projects in the same catchment area. Following an investigation of likely significant effects on the CBEEMS features water quality was identified as the only factor that might have an effect this is discussed below.
With regard to the water quality issues in the Burry inlet and Loughor Estuary, the City and County of Swansea has followed the advice of their statutory advisor, and has commissioned a preliminary assessment under the above Regulations which is limited to the assessment of potential wastewater effects only.
This assessment notes that as part of their review of consents (RoC) under regulation 63 the Environment Agency (EA) undertook a detailed Habitats Regulations assessment in relation to the effects of their consented activities. Consent modifications were identified to enable the Environment Agency to conclude no adverse effect on the integrity of the CBEEMS in respect of their consents operating at their maximum consented limits.
As the consents in question have already been subject to a full assessment (alone and in- combination) under the provisions of the Habitat Regulations, there is no need for the City and County of Swansea to undertake a further assessment where development can be accommodated within the post RoC discharge consent limits.
It is the opinion of the authority that this development can be accommodated within the post RoC discharge consent limits, and will not be likely to have a significant effect either alone or in-combination on the Carmarthen Bay and Estuaries SAC, the Carmarthen Bay SPA, or the Burry Inlet SPA and RAMSAR. Such effects can be excluded on the basis of the objective information available through the Environment Agency review.
In addition, it is considered that there are no other potential adverse effects from this development proposal, either alone or in combination with other plans or projects on the above protected European sites.
On this basis there is no requirement to make an appropriate assessment of the implications of the proposed development in accordance with regulation 61(1). Page 61 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 3 (CONT’D) APPLICATION NO. 2012/1005
The concerns raised by the objectors with regard to highway safety and impact upon residential amenity have been addressed above.
The Supplementary Planning Guidance SPG adopted in March 2010 refers to the need for housing developer contributions in terms of Education and Affordable Housing. In terms of Affordable Housing the number of units in this area which would trigger the need for a contribution is 25 units whereas the number of units for an Educational contribution is 10 units or more. The SPG states:
“In view of the difficulty of estimating the number of additional pupils arising from new housing developments, as well as taking account of the potential complications outlined above, developer contributions are based on a fairly simple and objective formula for each additional dwelling.
The Council seeks contributions for all age groups (including early years and sixth form provision) for all maintained schools, i.e. community, voluntary aided and foundation schools (both English and Welsh medium). In general, contributions will be sought from proposed developments (including mixed use developments) containing the equivalent of 10 or more new dwellings where:
• There is potential to increase demand on local schools beyond their existing or planned capacity; and/or • Existing surplus capacity is of unsatisfactory standard and would require investment to make it suitable for children generated from the proposed development.”
As the current scheme is for 13 dwellings, the Education Section has been consulted on the application. They have made the following comments in this respect:
In accordance with the agreed Supplementary Planning Guidance (SPG) policy, this development of 13 dwellings will generate the following pupils with the associated cost: • Primary: 4.03 (£41,800) • Secondary: 2.86 (£45,325)
I attach the list of the current Pupil Capacity Figures for September 2012 for your perusal. There is currently some surplus capacity within the English medium schools in the area but there is no capacity for growth within the Welsh medium schools. Please note the current estimated Capacity figures for September 2019 – especially for Y Gwyr.
The catchment area for this particular development is Gorseinon and the catchment schools are currently:
English Medium Primary Gorseinon Primary English Medium Secondary Penyrheol Comp. Welsh Medium Primary YGG Pontybrenin Welsh Medium Secondary Y Gwyr
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ITEM 3 (CONT’D) APPLICATION NO. 2012/1005
However, in this case as Frampton Road is a road which actually covers three primary schools in the area (i.e. Tre Uchaf, Gorseinon and Penyrheol Primary), it is likely, judging by the house number given that the catchment would be Gorseinon Primary in this instance, but potentially this could change under a review of local catchment areas in the near future; especially with the cumulative impact of all new developments in the catchment area of Penyrheol Comp. School.
In summary, in order to accommodate any pupils from this development, the Authority would seek a Developer’s contribution (plus inflation) and would be seeking the full figures stated above. The primary element contribution would be requested at this time for Gorseinon Primary as a rebuild of Gorseinon Primary is within the SOP at current size; however, consideration would have to be given to increasing the size of that school or relocating the school to the centre of new developments. The secondary element contribution would be requested at this time for Y Gwyr - the Welsh medium secondary school and where the estimated figures for September 2019 is currently showing 187 over capacity.”
The applicant’s agent has agreed to a fair and reasonable contribution being made and as such it is recommended that planning permission be approved subject to the signing of a Section 106 agreement.
In conclusion and having regard to all material considerations including the Human Rights Act, the proposal is considered an acceptable form of development at this location which overcomes the previous reasons for refusal and on balance, would not unduly impact upon the visual and residential amenities of the area or highway safety. The scheme is considered to comply with the overall requirements of Polices EV1, EV2 and HC2 of the Unitary Development Plan 2008 and approval is therefore recommended subject to a Section 106 agreement for an educational facility contribution.
RECOMMENDATION:
APPROVE subject to a Section 106 Obligation to secure educational facilities contribution and the following conditions:
1 Details of the appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved. Reason: To ensure that the development is carried out in an orderly and satisfactory manner.
2 Detailed plans and drawings with respect to the matters reserved in condition (01) shall be submitted for approval by the Local Planning Authority not later than the expiration of three years from the date of this permission. Reason: To comply with the provisions of Section 92 of the Town and Country Planning Act, 1990 and to ensure that the development is determined within a reasonable period.
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ITEM 3 (CONT’D) APPLICATION NO. 2012/1005
3 The development to which this permission relates shall be begun either before the expiration of 5 years from the date of this outline permission, or before the expiration of 2 years from the date of approval of the last of the reserved matters to be approved, whichever is the later. Reason: To comply with the provisions of Section 92 of the Town and Country Planning Act, 1990 and to ensure that development is begun within a reasonable period.
4 The development shall be completed in accordance with the approved plans prior to any part of the development being brought into beneficial use. Reason: To ensure that the development is completed in accordance with the plans approved by the Council, and so avoid any detriment to amenity or public safety by works remaining uncompleted.
5 The dwelling(s) shall be constructed to achieve a minimum of Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category "Ene1 - Dwelling Emission Rate" in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (November 2010 - Version 3). The development shall be carried out entirely in accordance with the approved assessment and certification. Reason: In the interests of sustainability.
6 The construction of the dwelling(s) hereby permitted and any external works shall not begin until an "Interim Certificate" has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Level 3) and a minimum of 1 credit under "Ene1 - Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability.
7 Prior to the occupation of the dwelling(s) 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 1 credit under "Ene1 - Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability.
8 No development shall commence until the developer has prepared a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water, and land drainage will be dealt with and this has been approved in writing by the Local Planning Authority. This scheme shall include details of a sustainable drainage system (SUDS) for surface water drainage and/or details of any connections to a surface water drainage network. The development shall not be brought into beneficial use until the works have been completed in accordance with the approved drainage scheme, and this scheme shall be retained and maintained as approved unless otherwise agreed in writing by the Local Planning Authority. Page 64 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 3 (CONT’D) APPLICATION NO. 2012/1005
8 Reason: To ensure that a satisfactory comprehensive means of drainage is achieved and that no adverse impact occurs to the environment or the existing public sewerage system and to minimise surface water run-off.
9 Unless otherwise agreed in writing with the Local Planning Authority, foul water and surface water discharges must be drained separately from the site and no surface water or land drainage shall be allowed to connect (either directly or indirectly) to the public foul sewerage system. Reason: To prevent hydraulic overloading of the public sewerage system and pollution of the environment.
10 Before the development hereby approved is occupied the means of enclosing the boundaries of the site and individual curtilages of all dwellings shall be completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of visual amenity and general amenity.
11 A landscaping scheme for the site shall be submitted as part of the reserved matters, and the scheme as approved shall be carried out within 12 months from the completion or occupation of the development, whichever is sooner. Any trees, shrubs or plant material which are part of the scheme, which die, become seriously damaged or diseased within two years of planting shall be replaced by trees or shrubs of a similar size and species to those originally required to be planted. Reason: In the interests of the visual amenity of the site as a whole, and to accord with Section 197 of the Town and Country Planning Act 1990.
12 A detailed scheme for the eradication of Japanese Knotweed shall be submitted to and approved in writing by the Local Planning Authority, and shall be implemented prior to the commencement of work on site. Reason: In the interests of the ecology and amenity of the area.
13 Prior to the commencement of any works, full details of the proposed works to No. 16 Frampton Road shall be submitted to and approved in writing by the Local Planning Authority. The details once approved shall be carried out in accordance with the approved plans prior to the first occupation of any dwelling hereby approved. Reason: For the avoidance of doubt.
14 Priot to the commencement of work to any dwelling the site access road shall be constructed to base course level in accordance with details to be submitted to and approved by the Local Planning Authority. Reason: In the interests of highway safety
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ITEM 3 (CONT’D) APPLICATION NO. 2012/1005
15 The site access road shall have a carriageway width of 5.5m for its entire length and shall incorporate visibility splays of 2.4m x 43m in each direction at its junction with Frampton Road in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. Reason: In the interests of highway safety.
16 On site parking for each dwellings shall be provided in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of highway safety
INFORMATIVES
1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: EV1, EV2, HC2, AS6, EV33, EV34, EV35
2 The developer is advised to contact Dwr Cymru Welsh Water on Tel. No. 0800 917 2652, e-mail [email protected], regarding the adequacy of water supply, and the adequacy of the sewerage system serving this area, to be agreed independently with the Water Authority.
3 The developer is advised to contact the Environment Agency on Tel. No. 08708 506 506 e-mail [email protected], regarding details of the intended pollution control measures required on site.
4 This consent is issued without prejudice to any other consents or easements that may be required in connection with the proposed development.
PLANS
Site location plan, block plan, layout plan received 17th July 2012
Page 66 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 4 APPLICATION NO. 2012/1684 WARD: Gorseinon Area 2
Location: Ty Eithin 11 West Street Gorseinon Swansea SA4 4DZ Proposal: Change of use from council offices (Class B1) to residential (Class C3) to create of 6 no. 1 bed apartments for the over 55’s and 1 no. 6 bed assisted living unit together with external alterations and reconfiguration of two parking areas. Applicant: Family Housing Association Wales
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NOT TO SCALE This material has been reproduced from OrdnancePage Survey67 digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 4 (CONT’D) APPLICATION NO. 2012/1684
BACKGROUND INFORMATION
POLICIES
Policy Policy Description Policy AS6 Provision of car parking in accordance with adopted standards. (City & County of Swansea Unitary Development Plan 2008)
Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).
Policy EV2 The siting of new development shall give preference to the use of previously developed land and have regard to the physical character and topography of the site and its surroundings. (City & County of Swansea Unitary Development Plan 2008).
Policy EV3 Proposals for new development and alterations to and change of use of existing buildings will be required to meet defined standards of access. (City & County of Swansea Unitary Development Plan 2008)
Policy HC2 Housing development within the urban area will be supported where the site has been previously developed, its development does not conflict with other policies, does not result in ribbon development, and the coalescence of settlements, overintensive development, loss of residential amenity, adverse effect on the character and appearance of the area, loss of urban green space, harm to highway safety, adverse effects to landscape, natural heritage, security and personal safety, infrastructure capacity, and the overloading of community facilities and services. (City & County of Swansea Unitary Development Plan 2008)
SITE HISTORY
App No. Proposal 2004/2823 Construction of new pedestrian gate and ramped access to entrance doors (Council Development Regulation 3) Decision: Grant Permission Conditional Decision Date: 11/01/2005
2001/1686 Erection of memorial plaque on front elevation (Application for a Certificate of proposed lawful development) Decision: Is Lawful Decision Date: 14/12/2001
2005/1369 Siting of a single mail pouch box Decision: Grant Permission Conditional Decision Date: 03/08/2005
Page 68 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 4 (CONT’D) APPLICATION NO. 2012/1684
LV/91/0454/03 DEMOLITION OF 2 EX-SINGLE STOREY BUILDING Decision: *HNO - NO OBJECTION Decision Date: 02/01/1992
RESPONSE TO CONSULTATIONS
The application was advertised on site and five neighbouring properties consulted. No response.
Highways - This proposal is for the change of use of the Ty Eithin offices in West Street, Gorseinon to residential use. The proposal is for six one bed flats and one six bed unit for assisted living. Vehicular access is from Lime Street where 7 parking spaces are proposed and this is likely to be sufficient based on adopted parking guidelines. The parking spaces are below amended standards and will need to be widened for full compliance.
I recommend no highway objection subject to the following;
1. All standard parking spaces shall be widened to 2.6m in accordance with adopted guidelines.
2. Alteration of the vehicular footway crossing and making good the edge of footway shall be undertaken in accordance with Authority standards and specification.
Note: The Developer must contact the Team Leader - Highways Management, City and County of Swansea (Highways), Penllergaer Offices c/o Civic Centre, Swansea, SA1 3SN (Tel 01792 636091) before carrying out any work.
APPRAISAL
This application is reported to Committee for decision and a site visit requested by Councillor David Lewis in order to assess the impact of the proposed use upon the look and history of the building.
Full planning permission is sought for the change of use from Council offices (Class B1) to residential (Class C3) to create 6 No. 1 bed apartments for the over 55’s and 1 No. 6 bed assisted living unit together with external alterations involving the demolition of two outbuildings and reconfiguration of two parking areas at Ty Eithin, West Street, Gorseinon.
The application property is a large detached, double bay fronted building, prominently sited at the junction of West Street with Lime Street near the main traffic light controlled junction known as Gorseinon Cross. The site is approximately 0.1 hectares in size and contains a number of buildings which currently provide office accommodation for staff within the Social Services Department of the local authority. The application site lies some 100m south of the defined Gorseinon District Centre.
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ITEM 4 (CONT’D) APPLICATION NO. 2012/1684
The main issues for consideration in this instance therefore relate to the acceptability of the use and the impact upon visual and residential amenities and highway safety having regard to Policies EV1, EV2, EV3, HC2 and AS6 of the Swansea Unitary Development Plan 2008. There are in this instance no additional issues to be considered under the provisions of the Human Rights Act.
As stated above the application site is situated outside the defined district centre, however West Street comprises a variety of land uses albeit the northern end largely dominated by commercial uses while the southern end is predominantly residential. Although the application building is situated towards the northern end where commercial land uses prevail, the immediate context is Gorseinon Library and Bethel Chapel to the south, Gorseinon Bus station on the opposite side of West Street and small commercial outlets including estate agents and hair salon on the opposite corner of Lime Street. To the east of the site the land use gives way to residential for the remaining length of Lime Street. In this regard there is not considered to be any potential for conflict between the existing and proposed land uses.
The application building consists of two distinct parts, the main villa style building and the attached boiler house to the south. The buildings are split level and the larger provides three storeys (excluding the roof void) albeit two storeys in appearance when viewed form West Street, and the smaller appears single storey from the front but two floors are provided. The proposal involves the provision of 6, 1 bed apartments within the larger two/three storey part of the building with a 6 bed communal assisted living dwelling being provided within the smaller former boiler house part of the building. The assisted living element will provide accommodation for 6 people living as a single family unit using shared kitchen and bathroom facilities and will be supported by the equivalent of 1 full time member of staff providing 24 hour support (albeit provided on a split shift basis). The external alterations proposed are minimal and principally involve additional door and window openings. The internal layout is the main focus of the development, however external changes include new roof covering and render, new windows to front, both side and rear elevation with additional openings on both side elevations. The existing external clock featured within the apex of the right hand side front gable will be repositioned centrally above the main front door. The existing cenotaph memorial within the lawned frontage of the building will also be retained. The application buildings are located centrally within the site and space will be retained at the rear of the buildings to make provision for 5 car parking spaces. To facilitate a further two spaces a second smaller boiler house situated along the south eastern boundary of the site will be demolished. The outbuilding to the north of the site will also be demolished to facilitate a garden area for residents. The limited external alterations are such that the character and appearance of this prominent building are retained and as such the proposal is considered to have a limited impact upon the visual amenities of the area.
The site is situated within easy walking distance of Gorseinon Town Centre and directly opposite Gorseinon bus interchange and as such the proposal is considered highly sustainable. Notwithstanding this, the proposal will be required to satisfy current adopted parking standards. Vehicular access will remain as existing from Lime Street where 7 parking spaces are proposed and this is likely to be sufficient based on adopted parking guidelines.
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ITEM 4 (CONT’D) APPLICATION NO. 2012/1684
It is noted however that the parking spaces as illustrated are below amended standards and will need to be widened for full compliance, which is considered achievable the Head of Transportation and Engineering recommends no highway objection subject to conditions requiring that all standard parking spaces be widened to 2.6m in accordance with adopted guidelines, and alteration of the vehicular footway crossing and making good the edge of footway be undertaken in accordance with Authority standards and specification. Furthermore it is important to note that whilst the applicants have indicated the intended tenure of the apartments will be over 55 years of age, this factor has had no bearing upon the parking requirements for this scheme. The parking provision satisfies the minimum standard for 1 bed apartments at this highly sustainable location regardless of age of tenure.
In conclusion therefore and having regard to all of the above, the proposal is considered an appropriate form of development that will have a limited impact upon the visual and residential amenities of the area. The application site lies outside the defined district centre within an area of residential land use interspersed with commercial uses. The proposal will not compromise or prejudice current highway safety standards and as such is considered to comply with the requirements of Policies EV2, EV2, EV3, AS6 and HC2 of the Swansea Unitary Development Plan 2008.
RECOMMENDATION
APPROVE, subject to the following conditions:
1 The development hereby permitted shall begin not later than five years from the date of this decision. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990.
2 Prior to the beneficial occupation al standard parking spaces shall be widened to 2.6m in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority. Reason: In the interest of highway safety.
3 Details of the alteration of the vehicular footway crossing and making good of the footway shall be submitted to and agreed in writing with the Local Planning Authority prior to the commencement of development. The works shall be completed in accordance with the approved details prior to the first occupation of the development hereby approved. Reason: In the interest of highway safety.
INFORMATIVES
1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: Policies EV1, EV2, EV3, AS6, and HC2 of the Swansea Unitary Development Plan 2008.
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ITEM 4 (CONT’D) APPLICATION NO. 2012/1684
2 The Developer must contact the Team Leader - Highways Management, City and County of Swansea (Highways), Penllergaer Offices c/o Civic Centre, Swansea, SA1 3SN (Tel 01792 636091) before carrying out any work.
PLANS
3284/PA/001-site location plan, 3284/PA/002-existing topographical survey, 3284/PA/003- proposed site plan, 3284/PA/004-existing floor plans, 3284/PA/006-existing sections, 3284/PA/007-proposed sections, 3284/PA/008-existing elevations, received 20th December 2012, 3284/PA/005-A proposed floor plans; 3284/PA/009 A -proposed elevations received 5th February 2013.
Page 72 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 5 APPLICATION NO. 2011/1348 WARD: Gower Area 2
Location: Parc Le Breos House Parkmill Swansea SA3 2HA Proposal: Construction of a two storey building comprising three 2 bedroomed units of holiday accommodation Applicant: Mrs Olive Edwards
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NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright. Page 73 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 5 (CONT’D) APPLICATION NO. 2011/1348
BACKGROUND INFORMATION
POLICIES
Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).
Policy EV2 The siting of new development shall give preference to the use of previously developed land and have regard to the physical character and topography of the site and its surroundings. (City & County of Swansea Unitary Development Plan 2008).
Policy EV26 Within the Gower AONB, the primary objective is the conservation and enhancement of the area's natural beauty. Development that would have a material adverse effect on the natural beauty, wildlife and cultural heritage of the AONB will not be permitted. (City & County of Swansea Unitary Development Plan 2008)
Policy EC17 Proposals for tourism and recreation developments of an appropriate scale in locations which relate acceptably to the existing pattern of development and/or their surroundings in terms of the nature of the proposal concerned will be permitted provided they comply with a specified list of criteria including standard of design, effect on landscape and nature conservation, effect of visitor pressure on sensitive locations, provide acceptable and safe access, would not cause a loss of best agricultural land. (City & County of Swansea Unitary Development Plan 2008)
Policy EC11 Appropriate small scale rural business development or home based employment within, and in exceptional circumstances adjoining, existing villages or closely associated with suitable groupings of farm buildings will be permitted subject to a defined set of criteria including loss of amenity, transportation considerations, impact on landscape and village scene, and natural heritage and historic environment etc. (City & County of Swansea Unitary Development Plan 2008)
SITE HISTORY
App No. Proposal 88/1233/08 PARC LE BREOS TRANSFORMER CHANGE SUCH DEVIATION NOT TO EXEED 50 METRES EITHER SIDE OF THE LINE. Decision: *HNO - NO OBJECTION Decision Date: 04/10/1988
81/0697/03 ADDITIONAL ACCOMMODATION AT PONY TREKKING CENTRE Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 25/06/1981
Page 74 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 5 (CONT’D) APPLICATION NO. 2011/1348
77/0761/03 ERECTION OF A STABLE OR CALF PEN, HARNESS ROOM AND A STOREROOM Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 25/08/1977
77/0055/07 ESTABLISHED USE FOR PONY TREKKING CENTRE Decision: *HGPCU - GRANT PERMISSION UNCONDITIONAL Decision Date: 31/03/1977
80/1027/03 SITING OF 3 CARAVANS FOR 28 DAYS Decision: *HRP - REFUSE PERMISSION Decision Date: 28/08/1980
RESPONSE TO CONSULTATIONS
The application was advertised on site and one individual property was consulted. No response.
The Gower Society – Comments as follows:
1. The proposal is very tall; it also appears to be rather cramped into the space between the existing house and the modern equestrian sheds. 2. The observation tower is questionable. 3. There is a view that unless this structure is managed and designed well, it could result in a pale pastiche if the Victorian original.
Ilston Community Council – No objection.
Environment Agency Wales – No objection.
Highways Observations - This proposal is for the construction of 3 2 bedroomed holiday units at Parc Le Breos House, Parkmill. The site currently offers bed and breakfast accommodation and this addition will supplement that already offered for holiday use.
The site is accessed from a long private track off the main A4118 through Parkmill and is predominantly single track with occasional passing places. The junction onto the A4118 is wider and will accommodate two passing cars provided that they are carefully placed. Visibility in each direction is adequate although not up to the full standards recommended in guidelines. There is adequate room for parking and turning within the site.
Whilst the narrow access lane could give rise to conflict along its length, this is not likely to affect users of the adopted highway passing the site and therefore is not considered detrimental to general highway safety in the area. It should be noted also, that the access already serves the existing holiday facility and its shared use for that purpose is therefore already established with no record of any accidents at its junction with the A4118. Increasing the number of holiday units will add further traffic movements but this is unlikely to be a significant increase warranting an objection to the proposal.
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ITEM 5 (CONT’D) APPLICATION NO. 2011/1348
On balance, I recommend that no highway objections are raised.
Note: The applicant is advised to consider sensitive improvements to the access track where possible, to provide additional passing places.
APPRAISAL
This application is called to Committee for decision at the request of Councillor Richard Lewis.
Full planning permission is sought for the demolition of an existing storage block and its replacement with a two storey building which would comprise three two bedroomed units of holiday accommodation to the rear of Parc Le Breos House in Parkmill. The main building and grounds are currently used for holiday accommodation purposes and has been established for many years.
The proposed building would measure approximately 20m x 7.4m, have an eaves height of 4.8m and an overall height of 9.1m. The existing building measures approximately 17.7m x between 6.1 and 7.3m, has an eaves height of 3m and a ridge height of 6.1m. The total height of the proposed tower feature measures approximately 9m. The building would be sited where the existing building currently stands, approximately 15m from the rear of Parc Le Breos House itself.
The main issues to be considered are the impact of the development upon the character and appearance of the host building and the surrounding AONB and the impact of the new building upon the residential amenities of the neighbouring property having regard to the relevant Policies of the Unitary Development Plan 2008.
Policies EV1, EV2, EV26, EC11, EV26 and EC17 are considered to be the most relevant to this application. Policies EV1 and EV2 refer to proposals complying with good design criteria, preference being given to the use of previously developed land and not having any undue impact upon visual amenity, residential amenity or highway safety issues. Policy EV26 refers to the objective of the Local Planning Authority being the conservation and enhancement of the natural beauty, wildlife and cultural heritage of the AONB.
Policy EC11 refers to small scale rural business development being permitted where there is no undue impact upon residential amenity, highway safety or pollution issues. Policy EC17 refers to rural tourism development being permitted where they acceptably relate to the pattern of development and the surroundings and do not unduly impact upon visual amenity, nature conservation interests, not result in unacceptable visitor pressure at sensitive locations and can provide safe transport access.
With particular reference to Policy EC17, it is acknowledged that the proposal involves new build unserviced holiday accommodation within the open countryside, the holiday units would replace an existing building within the curtilage of the site and the proposed units would be used in conjunction with this long established equestrian holiday destination within the open countryside. The extensive planning history of the site is stated above. The proposal therefore would relate well to the existing pattern of development and its surroundings and be in keeping with the scale and character of the existing property.
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ITEM 5 (CONT’D) APPLICATION NO. 2011/1348
There would be no resultant loss of agricultural land due to its siting between two existing buildings and in the same vein, given the scale of the proposal this siting would also dictate that the proposal would not have an adverse impact upon the surrounding sensitive landscape of the Gower AONB. The holiday accommodation would be used in conjunction with the existing tourist facility and offer additional facilities at the site whilst also complementing the existing bed and breakfast facility currently offered at Parc Le Breos. The holiday units would remain as part of the Parc Le Breos complex and would not be used as or sold off as individual private holiday accommodation units and would aid the continuing success of this established tourist destination. It is considered therefore that the proposal complies with the requirements of Policy EC17. In addition, in terms of the requirements of Policy EC11, Parc Le Breos is a small scale rural business, albeit well established, and the building would be closely associated within a suitable grouping of buildings.
The application site lies within an area that is currently occupied by a two storey outbuilding and which is to be demolished. A protected species survey has been carried out and none have been found on site. The design of the proposed holiday accommodation units have included some features of the main accommodation which included tall gable features to the front, hence the steep ridge design of the roof, and have also included a tower feature which references the one on the building that is to be demolished. The building is sited to the rear of the main property, on the same footprint of the building to be demolished and as such it is not considered that it would appear as a prominent feature within the landscape, albeit that the building would be approximately 3m higher than the man ridge line of the existing to be demolished.
The overall design of the building as mentioned above has taken inspiration from the main accommodation building and the gable features of the adjacent property known as The Coach House. The design of the windows and doors also reflect those on the main building. The use of high quality materials including timber windows and doors would ensure that the building would not appear as a discordant or incongruous feature within the complex and would relate well to the overall character and appearance of Parc Le Breos.
The proposed building would be sited within 8m of the boundary of the nearest residential property ‘The Coach House’ and this distance increases to 11m between the nearest facing elevations. The relevant boundary is well screened by a wall and mature hedging. It is acknowledged that the side elevation of the new building would be visible from the first floor windows of this property but given the distance between them, it is not considered that it would appear unacceptably overbearing when viewed from ‘The Coach House’. Whilst the proposed building would be sited to the south of ‘The Coach House’, it is not considered that it would result in significant loss of light for the occupiers over and above that currently experienced due to its proposed siting and the existing boundary treatment already in situ. There is a window in the first floor of the side elevation facing The Coach House, but this would serve a bathroom and as such would be obscure glazed. However, notwithstanding this, the current boundary screening would also ensure that there would be no direct overlooking from this window. The block plan indicates that the hardstanding would be used as a car parking area which could raise issues of noise and disturbance. However, this area is currently used for parking of vehicles. It is considered therefore that the proposal complies with the overall requirements of Policy EC11.
Page 77 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 5 (CONT’D) APPLICATION NO. 2011/1348
Turning to highways safety issues, the Head of Transportation and Engineering raises no highway objection.
The comments raised by The Gower Society have been addressed above.
In conclusion and having regard to all material considerations, the proposed holiday accommodation is considered an acceptable form of development at this established tourist accommodation destination, which would not unduly impact upon the visual amenities of the host property, the surrounding AONB or the residential amenities of the nearest residential property. The proposal therefore complies with the intentions of Policies EV1, EV2, EC11, EC17 and EV26 of the Unitary Development Plan 2008 and approval is recommended.
RECOMMENDATION
APPROVE, subject to the following conditions:
1 The development hereby permitted shall begin not later than five years from the date of this decision. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990.
2 The three units shall be used for holiday accommodation only and shall not be occupied by any person or persons as their main or sole place of residence. Reason: The site is only suitable for holiday use and is unsuitable for permanent residential use.
3 The applicant shall ensure that a weekly occupancy record for each unit is maintained and shall submit a copy of the record to the Local Planning Authority at the end of each calendar year. Reason: To ensure that the occupancy of the holiday units are properly monitored to prevent occupation by persons other than as holiday accommodation.
4 Samples of all external finishes shall be submitted to and approved by the Local Planning Authority in writing before the development is commenced. The scheme shall be implemented in accordance with the approved details. Reason: In the interests of visual amenity.
5 The dwellings shall be constructed to achieve a minimum of Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category "Ene1 - Dwelling Emission Rate" in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (November 2010 - Version 3). The development shall be carried out entirely in accordance with the approved assessment and certification. Reason: In the interests of sustainability.
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ITEM 5 (CONT’D) APPLICATION NO. 2011/1348
6 The construction of the dwellings hereby permitted and any external works shall not begin until an "Interim Certificate" has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Level 3) and a minimum of 1 credit under "Ene1 - Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability.
7 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 1 credit under "Ene1 - Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability.
8 The holiday units hereby approved shall remain as an integral part of Parc Le Breos and shall not be sold, let or otherwise disposed of as separate units of holiday accommodation. Reason: The site is not considered suitable for the creation of individual private holiday accommodation units.
INFORMATIVES
1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: EV1, EV2, EV26, EC11, EC17
2 Bats may be present. All British bat species are protected under Schedule 5 of the Wildlife & Countryside Act 1981 (as amended) and are listed in Schedule 2 of the Conservation of Habitats and Species Regulations 2010. This legislation implements the EC Habitats & Species Directive in the UK making it an offence to capture, kill or disturb a European Protected Species or to damage or destroy the breeding site or resting place of such an animal. It is also an offence to recklessly / intentionally to disturb such an animal. If evidence of bats is encountered during site clearance, work should cease immediately and the advice of the Countryside Council for Wales sought before continuing with any work (01792 634960).
3 Birds may be present in this building and grounds please note it is an offence under the Wildlife & Countryside Act 1981 (as amended) to intentionally (intentionally or recklessly for Schedule 1 birds) to: - Kill, injure or take any wild bird - Take, damage or destroy the nest of any wild bird while that nest in use or being built - Take or destroy an egg of any wild bird Care should be taken when working on buildings particularly during the bird nesting season March-August.
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ITEM 5 (CONT’D) APPLICATION NO. 2011/1348
4 The developer is advised to contact the Environment Agency on Tel. No. 08708 506 506, e-mail [email protected] , regarding details of the intended pollution control measures required on site.
5 This consent is issued without prejudice to any other consents or easements that may be required in connection with the proposed development.
PLANS
126/07 site plan and proposed elevations, 125/07 block plan and proposed floor plans received 3rd October 2011. Additional plans 125/07 proposed floor plans elevations and block plan, 126/07 proposed elevations and site location plan received 28th October 2011
Page 80 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 6 APPLICATION NO. 2012/1524 WARD: Gower Area 2
Location: Newpark Holiday Park, Port Eynon, Swansea SA3 1NP Proposal: Variation of condition a of planning permission 724/72 granted 12th March 1973 to allow for holiday occupation of the touring caravans between 1st March and 15th January. Applicant: Mrs Linda Newland
Upway House The Rectory
Upway
T Cottage r a c k
64.0m
Cattle Grid
Shalome
GP
Belmont
55.8m T r a c k
Wyndways
New Park 4
Highfield Holiday Park 5
3
4
4
3
1
0 4
Shelter 2
3
5
3 8 1 0 49.6m
Swn
-y- 1
1
2 9 5
mor 7
2 5
New Park 9 L y n m A 7 e r e 4 1 C 1 h 8
a n GP Spring n 2
e l 4 V i e C o t t a g e
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Tank 8 1
LB 1 Well 1
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b Hillcrest a e C
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H 5
L i g 1 l L a h p e i s g a h a Y t e St C D l d o O n o r d Cadoc's n g f
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Dell 2 1
Brook House Box Boat H 16.6m a The PO Cottage ll Elms Sinks
D i l l o n l s u r e L a h e J T e s s a m
i n e NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright. Page 81 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 6 (CONT’D) APPLICATION NO. 2012/1524
BACKGROUND INFORMATION
POLICIES
Policy Policy Description Policy EC17 Proposals for tourism and recreation developments of an appropriate scale in locations which relate acceptably to the existing pattern of development and/or their surroundings in terms of the nature of the proposal concerned will be permitted provided they comply with a specified list of criteria including standard of design, effect on landscape and nature conservation, effect of visitor pressure on sensitive locations, provide acceptable and safe access, would not cause a loss of best agricultural land. (City & County of Swansea Unitary Development Plan 2008)
Policy EC18 Development that improves the range and quality of serviced tourist accommodation will be permitted subject to specific criteria. (City & County of Swansea Unitary Development Plan 2008)
Policy HC10 Proposals for the residential use of holiday chalets and static caravans will only be permitted where the premises and curtilage are suitable in terms of size, structure, amenity, garden area, parking provision and access. (City & County of Swansea Unitary Development Plan 2008)
SITE HISTORY
App No. Proposal 2007/1180 Variation of condition 1 of planning permission 2/1/74/0873/03 granted on 31st October 1974 to allow occupancy of chalet 45 between 31st October and the 1st of March Decision: Refuse Decision Date: 31/08/2007
2011/0863 Demolition of office, garage and outbuilding (application for Prior Notification of Proposed Demolition) Decision: Prior Approval Is Not Required Decision Date: 08/09/2011
2001/1876 Renewal of permssion for the siting of tents from Good Friday/1st April (whichever is the earlier) until 31st October during 2002 - 2007 seasons (inclusive) Decision: Grant Temporary Permission Decision Date: 07/01/2002
2007/1185 Use of land for the siting of tents from Good Friday or 1st April (whichever is the earlier) until 31st October (inclusive) in any year Decision: Grant Permission Conditional Decision Date: 18/10/2007 Page 82 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 6 (CONT’D) APPLICATION NO. 2012/1524
A00/0292 ERECTION OF A 15 METRE HIGH TELECOMMUNICATIONS TOWER, THREE CROSS POLAR ANTENNAE, TWO MICROWAVE DISHES AND AN EQUIPMENT CABIN Decision: Withdraw Decision Date: 22/05/2000
2011/0865 Reception/staff building and replacement garage Decision: Grant Permission Conditional Decision Date: 06/02/2012
2007/2336 To coppice and lay hedge of ash tree and thorn tree covered by TPO no. 78 Decision: Grant Tree Pres Order Consent (C) Decision Date: 22/01/2008
RESPONSE TO CONSULTATIONS
The application was advertised on site and three neighbouring properties consulted. NINE LETTERS OF OBJECTION received which can be summarised as follows:
• The application is within the AONB and immediately adjacent to the Port Eynon Conservation area. • The site is currently occupied by touring caravans between April and October and the touring caravans are permanently sited between these dates. • The current permission covers the typical holiday period of spring to late summer. This timescale already impact upon the infrastructure and causes traffic problems. • Inevitably this leads to noise and antisocial behaviours any extension to timescale will not improve matters. • There is no reason to extend the current timescale as this would include the worst of the winter months leaving only 4-6 weeks of the year that the site would be required to be cleared, the likelihood of which is doubtful. Essentially approval of this application would lead to 12 months use of the site. • The proposal will have a detrimental effect on the landscape and preservation of costal views. • It will harm the amenity of neighbouring residents • It wills unacceptable affect the character and appearance of the Conservation Area. • It will have an impact on traffic problems and an already fragile infrastructure • It will not provide any significant benefit to the local economy • Local residents have to overlook the caravans for a large part of the year which is unsightly. • This period is the only time that traffic and noise is reduced. • Approval of this application will ruin the peaceful winter months in Port Eynon. • In a designated Conservation Area and AONB it would be very detrimental to allow unsightly caravans for an extended period. • Approval of this application would set a dangerous precedent to other site owners. • There is a palpable sense of returning to normality for neighbouring residents when the caravans disappear.
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ITEM 6 (CONT’D) APPLICATION NO. 2012/1524
• Approval of the application would be seen to be heralding a change of use from touring caravans to static caravans by the back door. A tragedy for such a prominent site. • Currently the site appears to be under utilised during summer months so it’s difficult to see why any extension is necessary. • Many caravan owners erect semi-permanent floors for their awnings and erect decking area around their vans which are unlikely to be removed for the shortened non- occupancy period. • Concern over the level of public consultation carried out. • Touring caravan facilities for the period sought exist in abundance at Careglwyd. There is virtually no demand during the winter months despite being closer to the beach and council operated car park. • Any extension will generate further pressure on services such as water electricity and sewerage which are subject to inadequacy during the main holiday season. • If this application is approved it will destroy the ethos of the AONB and have long term effects on life in a rural community. • Water pressure within neighbouring properties is affected during summer months. • The DAS states that there will be no change to the character and appearance of the area, which is incorrect. • Gower Holiday Village is limited to operational use between 1st June and 31st Aug.
The Gower Society – comment as follows:
• We have always thought that this site was one if the better ran ones within the AONB. However, we had noticed from one of our aerial surveys that not all of the vans appear to have been cleared from the site over the 2011/2 winter period. • The extension of the period to over the Christmas and New Year could result in caravans being present all of the year on this site leaving them on site is an easy option for the site owners, but not one that should be condoned in the AONB. • On a site like Newpark it would be difficult to move caravans or access caravans with cars during the winter period due to the wetness of the ground. This would become very muddy. • We cannot condone increases in tarmac roads or hard standings to avoid this. • As a point of fact we count 61 static touring caravans (that are present all of the season) on site on 2 May 2012 and the same number appear present on 22nd August 2012.
Port Eynon Community Council – consider the proposals are acceptable and may be approved, subject to compliance with all normal planning regulation. Council particularly noted the following:
• The extended operating hours will alleviate recent problems for users to remove caravans. • The extended operating hours are unlikely to have a detrimental effect on neighbouring properties.
Dwr Cymru Welsh Water – No Objection subject to standard advisory notes.
Highways - there is unlikely to be a highway safety implication with the extension of occupation period applied for. I recommend no highway objection.
Page 84 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 6 (CONT’D) APPLICATION NO. 2012/1524
APPRAISAL
This application is reported to Committee for decision at the request of Councillor Richard Lewis to assess the impact on the AONB and the Conservation Area.
The application site is an established holiday park situated on the hillside in Port Eynon within the Gower Area of Outstanding Natural Beauty. The site does not fall within a Conservation Area. As well as the residential dwellings in the area there is a moderate concentration of holiday chalets and caravan development. The use of touring caravans on the application site are subject to a 7 month restricted occupancy condition under reference 724/72 which precludes all year round occupation and states:
The use of the site shall operate solely between 1st April (or good Friday if earlier) and 31st October of any year. No caravan shall be stationed on the land during any other month.
The overall cramped layout, design and restricted highway conditions typify a holiday caravan park and make the site inappropriate for continuous residential use. The amenities required to be afforded to a permanent place of residence are distinctly different to those required for holiday accommodation. The purpose for the original condition in prohibiting the use of the site is clearly to promote holiday use and to discourage permanent occupation.
The application is submitted in accordance with Section 73 of the Town and Country Planning Act 1990 to remove the restricted occupancy condition to allow the use of the site by touring caravans as holiday accommodation for ten and a half months of the year.
The main issues to be considered are whether the variation of the condition to allow the site to cater for touring caravans for holiday purposes ten and a half months of the year will be satisfactory at this location having specific regard to current Government advice and the impact of the proposal on the character and environment in which it is located together with the visual and residential amenities of the locality. There are in this instance no additional issues for consideration under the provisions of the Human Rights Act.
With regard to Welsh Assembly Government Advice, the extant guidance remains Planning Policy Wales: Technical Advice Note (Wales): 13 Tourism October 1997. Consideration has been given to this guidance, as well as Unitary Development Plan Guidance in respect of the current application. WAG guidance Para 15 of TAN 13 discusses the use of seasonal and holiday occupancy conditions, and explains that holiday occupancy conditions are more appropriate than seasonal conditions where there is a need to reduce pressure on local services. However, this guidance also advises the use of seasonal conditions and states that:” authorities should continue to use seasonal occupancy conditions to prevent the permanent residential use of accommodation which, by the character of its construction or design, is unsuitable for continuous occupation especially in the winter months”. This advice is reiterated in the recent consultation on the draft TAN. In particular this revised guidance still allows the Local Planning Authority to decide which type of condition would be more suitable - “one relating to seasonal occupancy or one relating to holiday occupancy”.
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ITEM 6 (CONT’D) APPLICATION NO. 2012/1524
Policy HC10 of the Unitary Development Plan states that proposals for the residential use of chalets or static caravans will only be permitted where the premises and curtilage are suitable in terms of size, structure, amenity, garden area, parking provision and access. The amplification to this policy however states that consideration will be given to extending the holiday season. Policies EC17 and EC18 of the Unitary Development Plan seek to support improvements to tourism developments provided there are no adverse impacts on the integrity of the environment. Due regard has to be given to whether extension of the seasonal occupancy condition would prejudice the wider locality.
Seasonal occupancy conditions have traditionally been used to ensure that caravan sites or chalet parks are only used for holiday occupation. The Council has consistently contended that caravan or chalet sites are unsuitable for continuous occupation and the non-occupancy condition has been strictly enforced and generally upheld at Appeal. As stated earlier the purpose of limiting the operation of the site to 7 months of the year was to discourage permanent occupation and to promote the use as holiday accommodation. This type of seasonal condition is also easily enforceable as the Local Planning Authority has only to check that the seasonal break is adhered to, and usually requires a limited number of site visits by monitoring officers.
It is however evident that the nature of holidays in the UK have become increasingly diverse, in location, season and duration, and there are increasing demands for short breaks not exclusively limited to the traditional summer season. Furthermore it is clear from emerging national planning policy guidance in Wales already established in England, and supported by case law, that holiday occupancy conditions can be applied to sites all year, provided that there is no adverse effect on local services, or result in harm to protected environments.
Despite the costal location of the holiday park, there are no known ecological reasons why seasonal conditions could not be varied at this site. The Head of Transportation end Engineering raises no objection to the proposal.
It is nevertheless considered necessary to impose a new condition restricting the operation of the site to 10 or more months of the year to ensure that the development does not become used for permanent residential purposes which would be inappropriate at this location. Whilst an extension of the season has advantages to provide more flexible holiday availability, a demand for this type of accommodation may occur and the provision of permanent places of residence may ensue which would be contrary to national and local policy.
Current guidance is that the planning system can reconcile any conflict between the above objectives through the use of occupancy conditions designed to ensure that holiday accommodation is used for its intended purposes. Holiday occupancy conditions can not only ensure that policy objectives are not compromised, but can avoid occupation by permanent households in unsuitable locations, and thereby strengthen tourism in a particular area.
A number of sites within the locality have seasonal conditions for a similar period which are easily enforceable and as such it is not considered that approval of this application will undermine the main holiday occupancy objectives of the original planning permission in this area.
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ITEM 6 (CONT’D) APPLICATION NO. 2012/1524
With regard to the objections received, which refer principally to issues of visual and residential amenity. It is acknowledged that the site is an established holiday park and the proposal does not seek to extend the number of units catered for on site rather seeks to accommodate touring vans for an extended period of time. The site has a long established land use and it is not considered that extending the period of occupation will distinctly alter the character of the area as for the most part of the year the units are present on site, furthermore, a two month non-occupancy period will remain during February and March where the site will be cleared. Additional points relating to traffic problems and congestion have been raised however; the head of Transportation and Engineering raises no objection to the proposal. Reference is made to the site being situated within the AONB and Conservation Area, however, the site is outside the Conservation Area, but within the AONB which is fully acknowledged throughout the report. Reference to other camp sites in the Gower and their operational constraints are referred to, however, each case is dealt within on its own individual merit. Some criticism over the level of public consultation has been suggested, however, the application was advertised on site and the neighbouring residential properties that bound the site were consulted which is in line with standard practice and exceeds the statutory requirements set out within the Town and Country Planning (General Development Procedures) Order 1995. Finally with regard to inadequate services in the area, no adverse comments have been received from utility providers to this effect.
The reason for the application is purely for the benefit of offering holiday accommodation for an extended period. For the reasons set out above it is considered that there are sufficient grounds in this particular case to allow the development permitted by planning permission 724/72, to be carried out without complying with condition A of that permission, provided it is replaced by alternative holiday occupancy conditions. This is required to ensure that the site does not become used for permanent residential accommodation, which would be considered inappropriate at this holiday park. Approval is recommended.
RECOMMENDATION
To grant permission to carry out development permitted by planning permission 724/72, without complying with Condition A of that permission, subject to the following new conditions.
1 The use of the site shall operate solely between 1st March and 15th January in any year and shall not be occupied during any other month. No caravan shall be stationed on the land during any other period. Reason: To ensure the residence is maintained for holiday purposes and not solely used as a persons main residence.
2 The caravans shall be occupied for holiday purposes only. Reason: To ensure that the holiday accommodation is not used for unauthorised permanent residential accommodation.
3 The caravans shall not be occupied as a person's sole, or main place of residence. Reason: To ensure that the holiday accommodation is not used for unauthorised permanent residential accommodation Page 87 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 6 (CONT’D) APPLICATION NO. 2012/1524
4 The owner shall ensure that an up to date register containing details of all occupiers of the caravans together with the dates of occupancy and details of the occupiers' main home address, is maintained and submitted to the Local Planning Authority on an annual basis (the register for each calendar year shall be submitted by the 31st January in the following year unless otherwise agreed by the Local Planning Authority), and shall also be made available at all reasonable times for inspection by the Local Planning Authority. Reason: To ensure that the holiday accommodation is not used for unauthorised permanent residential accommodation.
INFORMATIVES
1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: Policies HC10, EC17 and EC18 of the Swansea Unitary Development Plan 2008.
2 The site is crossed by a public sewer and shown on the Statutory Public Sewer Record. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. No building will be permitted within 3 meters either side of the centreline of the public sewer.
PLANS
Site plan received 9th November 2012
Page 88 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 7 APPLICATION NO. 2012/1671 WARD: Gower Area 2
Location: Paviland Manor, Rhossili, Swansea SA3 1PE Proposal: Two agricultural buildings (application for Prior Notification of Agricultural Development) Applicant: Mr Chris Harry Thomas
Pond
90.7m
NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright. Page 89 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 7 (CONT’D) APPLICATION NO. 2012/1671
BACKGROUND INFORMATION
POLICIES
Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).
Policy EV2 The siting of new development shall give preference to the use of previously developed land and have regard to the physical character and topography of the site and its surroundings. (City & County of Swansea Unitary Development Plan 2008).
Policy EV22 The countryside throughout the County will be conserved and enhanced for the sake of its natural heritage, natural resources, historic and cultural environment and agricultural and recreational value through: i) The control of development, and ii) Practical management and improvement measures. (City & County of Swansea Unitary Development Plan 2008)
Policy EV26 Within the Gower AONB, the primary objective is the conservation and enhancement of the area's natural beauty. Development that would have a material adverse effect on the natural beauty, wildlife and cultural heritage of the AONB will not be permitted. (City & County of Swansea Unitary Development Plan 2008)
Policy EC14 Agricultural developments requiring planning permission or prior approval should give proper consideration to the protection of natural heritage and the historic environment and be sympathetically sited, designed and landscaped. (City & County of Swansea Unitary Development Plan 2008)
SITE HISTORY
App No. Proposal 84/1775/03 PROPOSED NEW SHEEP HOUSE AND IMPLEMENT SHED. Decision: *HGPCU - GRANT PERMISSION UNCONDITIONAL Decision Date: 25/04/1985
RESPONSE TO CONSULTATIONS
Neighbours: In the opinion of the Local Planning Authority, Prior Approval was required for the siting and design of the building and as such the application was advertised on site in the form of a site notice. No letters of response were received.
Gower Society: Following comments:
• This location is highly visible in the farming landscape. • We urge you to look at the colouring of the cladding because we firmly believe that dark green or dark grey should be imposedPage for 90 walls and roof. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 7 (CONT’D) APPLICATION NO. 2012/1671
• There is already a large clutch of barns on this site and these smaller than the existing.
APPRAISAL
This application is reported to Committee for decision at the request of Councillor Richard Lewis in order to assess the impact of the proposal upon the Gower AONB.
Description
This is an application for a determination as to whether the prior approval of the Local Planning Authority will be required for the siting, design and external appearance of two agricultural buildings Paviland Manor, Rhossili, Swansea. The site is situated within the countryside and Gower AONB, and will be grouped with the existing buildings. The Local Planning Authority must give notification to the applicant that the prior approval for the works outlined above is or is not required within 28 days of the receipt of the application. On the 20th December 2012 the Local Planning Authority wrote to the applicant advising that prior approval was required for siting of the buildings
The proposal is for two agricultural barns and they will measure as follows:
Barn 1 (Grain store) – 18.28m in length, 13.71m in width, 7m to eave and 8.53m to ridge.
Barn 2 (workshop/store) – 18.28m in length, 9.14m in width, 4.87m to eave and 5.89m to ridge.
The barns will be constructed from concrete panels, side cladding in goosewing grey or juniper green and natural grey roof.
Justification
The holding is approximately 210.5 hectares in size, with 330 acres used to grow wheat and 70 acres for barley. The farm also keeps 100 ewes and 2 rams and employs 3 fulltime workers, 1-2 part time workers and 2 self employed workers. Granting permission for the buildings will enable the farm to increase yields and employ additional workers. The applicant intends to use the buildings for storing grain and the other to maintain and store modern machinery. The proposal complies with the criteria set out in Part 6 Agricultural Buildings and Operations in the following ways:
(a) Parcel of land is greater than 1 hectare. (b) Proposal does not involve works to a dwelling or the erection of a dwelling. (c) Proposal is designed for agricultural purposes. (d) Building and hard standings will not exceed 465sq m (combined area of 417.71m2). (e) Building would not be within 3km of an aerodrome. (f) Building does not exceed 12m in height. (g) Proposal not within 25m of a trunk road. (h) Animals will only be housed in the building during extreme weather conditions as described under Paragraph D.3 (b) (ii) (bb) as defined in the GPDO. (i) Proposal does not involve the development of Article 1(6) land.
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ITEM 7 (CONT’D) APPLICATION NO. 2012/1671
Visual Amenity
Whilst the grain store is high it is considered that the scale and design of the proposed buildings are considered consistent with their agricultural use and the size of the holding it is to serve. The barns will be constructed from concrete panels, side cladding in goosewing grey or juniper green and natural grey roof which are considered appropriate given its rural context. The buildings are sited within close proximity to the existing farm buildings and are considered to have an acceptable impact upon the area. It is not considered that the proposals would appear overly conspicuous having regard to their siting and the agricultural use of the surrounding land and would not adversely impact on the appearance or character of the countryside or wider Gower AONB in compliance with the provisions of Policies EV1, EV22, EV26 and EC14 of the Swansea UDP and the Supplementary Planning Guidance document entitled ‘Gower AONB Design Guide’.
Residential Amenity
Turning to residential amenity, there are no immediate residential dwellings within proximity to the proposed buildings and as such the proposal is unlikely to have an unacceptable impact upon the residential amenities of the neighbouring occupiers.
Response to consultations
Notwithstanding the above one letter of comment has been received from the Gower Society which raises concerns relating to the height of the building, impact upon the building and materials. The issues pertaining to which have been addressed above.
Conclusion
That the applicant be advised that the prior approval of the Local Planning Authority be given for the agricultural buildings.
RECOMMENDATION
PRIOR APPROVAL BE GIVEN, subject to the following conditions:
1 The development hereby permitted shall begin not later than five years from the date of this decision. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990.
INFORMATIVES
1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: (EV1, EV2, EV22, EV26 and EC14)
2 This consent is issued without prejudice to any other consents or easements that may be required in connection with the proposed development.
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ITEM 7 (CONT’D) APPLICATION NO. 2012/1671
PLANS
Site plan, block plan, floor plan and elevations of workshop/shed, floor plan and elevations of grain store, aerial photographs, site photographs received 14th December 2012
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ITEM 8 APPLICATION NO. 2012/1672 WARD: Gower Area 2
Location: Area outside the toilet block at Port Eynon Bay Gower Swansea SA3 1NL Proposal: Siting of storage container for a temporary period of three years Applicant: Mr Richard Butler
12.1m
TCBs
PC
Dunes
NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright. Page 94 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 8 (CONT’D) APPLICATION NO. 2012/1672
BACKGROUND INFORMATION
POLICIES
Policy Policy Description Policy EV9 Development within or adjacent to a Conservation Area will only be permitted if it would preserve or enhance the character and appearance of the Conservation Area or its setting. (City & County of Swansea Unitary Development Plan 2008)
Policy EV26 Within the Gower AONB, the primary objective is the conservation and enhancement of the area's natural beauty. Development that would have a material adverse effect on the natural beauty, wildlife and cultural heritage of the AONB will not be permitted. (City & County of Swansea Unitary Development Plan 2008)
Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).
SITE HISTORY
App No. Proposal 99/0441 EXTENSION AND REFURBISHMENT AND PART CHANGE OF USE OF EXISTING PUBLIC TOILETS TO FORM A SERVICE BUILDING FOR LIFEGUARD SERVICE, IMPROVED PUBLIC FACILITIES AND LOCAL BASE FOR RANGER (COUNCIL DEVELOPMENT REGULATION 3) Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 02/06/1999
RESPONSE TO CONSULTATIONS
A site notice was erected on site and THREE LETTERS OF OBJECTION have been received, the content of which is outlined below:
1. The present container is sited in the overspill car park without planning permission. (Ref. Retention of storage container application no 2008/2336 - Refused). Repeated representations for action to be taken with regard to this breach of planning control have been made since October 2009. On 26 November 2010 ( Ref .Com 2009/1682 ) it was assured, in a letter signed on the Authority’s behalf ,that instructions had been issued to officers to serve notice on relevant parties to secure removal of the container. To date there has been no update on this.
2. Part of the case made by Centurion Lifeguards is that they focus on training Lifeguards and there is a need for a centre at Port Eynon to have access to real beach conditions. The RNLI has taken over control of the provision of Lifeguard service on all Gower beaches, and has centralised it's facilities at Knab Rock Mumbles, together with an inshore lifeboat station and associated facilities at Horton either of which would be a better location, if indeed there is any requirement for any further involvement by the Centurion Lifeguards. Page 95 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 8 (CONT’D) APPLICATION NO. 2012/1672
Port Eynon Community Council –
1. The present storage container was located in the overspill car park, without planning permission or any discussion with the Community Council. The Community Council has been pressing for its removal for over two years.
2. The Centurion Lifeguards Club is no different to any other club or association partaking in water sports and should not be afforded any preferential considerations. Permission to establish permanent club facilities will encourage many other organisations to seek the same provisions.
3. The recently opened water sports activity centre in Swansea Bay is a more appropriate location for these facilities.
4. The existing unit appears to be seldom accessed or made use of.
5. The location for a new container unit is inappropriate as the siting of such facilities adjacent to the existing toilets and changing rooms will detract from those facilities and may encourage anti-social behaviour.
Gower Society –
1. The Society has expressed concerns about this unsightly container on a number of previous occasions. 2. Its location, size, appearance and continued presence is a blot on the AONB landscape and it should be removed. 3. If you are minded to allow its continued presence we can but ask that
It be removed ‘out of season’ i.e. when not in use.
Its appearance be improved by suitable green or grey paintwork or better still clad in treated timber.
Its best location be determined to ensure that it is in a least conspicuous position and that the general clutter and litter around it are removed.
Its continued presence in its current state is unacceptable and no credit to the management of the AONB.
APPRAISAL
This application is reported to Committee for decision at the request of Councillor Richard Lewis to assess the impact upon the Gower AONB.
This application seeks full planning permission for the siting of a storage container at the rear of the toilet block at Port Eynon, Gower. The storage container is to be constructed of steel and will have a green finish. According to the submitted plans, the storage container will measure approximately 6m in length, 2.45m in width and 2.59m in height. The container is required for storage for the Centurion Lifeguards. The site is located in the Port Eynon Conservation Area within the Gower Area of Outstanding Natural Beauty.
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ITEM 8 (CONT’D) APPLICATION NO. 2012/1672
Storage has historically been provided by a container located adjacent to sand dunes located approximately 30 metres to the south of the application site which was firstly granted permission (98/0191) on the 17th March 1998 for its siting for a temporary period of 5 years between 1st May to the 1st September each year with the container being removed from the site outside of these dates. A subsequent application, however, was refused for the retention of the storage container (2008/2236), on grounds that its permanent siting would represent a visually incongruous feature in a visually prominent area, creating an undesirable precedent for similar development proposals in this sensitive area.
The main issues for consideration in this instance relate to the impact of the container on the visual amenity of the area to which it relates, the Port Eynon Conservation Area and Gower AONB together with the impact upon the amenities of neighbouring residents and public safety having regard to prevailing Development Plan policies.
With regard to the impact upon visual amenity, the container at its proposed location proximity to the existing toilet block complex and will be partially screened by the surrounding buildings. It is proposed that the container will be sited for a period of 3 years only to provide time for the applicant to produce an appropriate scheme for a permanent solution at the site. In this respect, it is considered unlikely that the period would be extended any further after three years expires. On this basis the siting of the storage container on this location for a temporary period would not, it is considered, have such an unacceptable impact on the Port Eynon Conservation Area and the Gower AONB so as to justify a recommendation of refusal in this instance.
Turning to residential amenity given the siting of the container, its distance and relationship with neighbouring properties it is not considered that the proposal would have any unacceptable impacts which would be detrimental to the residential amenities of surrounding properties.
With regard to the concerns raised in the letters of objection, the container adjacent to the sand dunes is an on going enforcement issue. The approval of the application is not considered to introduce a significant precedent and any other application for any similar development would have to be considered on its own merits. The stated current frequency of use of the existing storage unit is not considered to be an issue with regard to this application in this instance. The concerns in relation to the impact on the existing toilet facilities and the potential to give rise to antisocial behaviour is not considered to material planning considerations whilst issues raised with regard to visual and residential amenity are addressed within the main body of the report.
In conclusion, therefore, the proposal is considered to be an appropriate form of development that would not have any significant adverse visual impact upon the character and appearance of the surrounding area, the character and appearance of the Conservation Area, Gower AONB or impact upon the residential amenities of neighbouring occupiers, therefore the proposal complies with Policies EV1, EV9 and EV26 of the City and County of Swansea Unitary Development Plan.
RECOMMENDATION
APPROVE, subject to the following conditions:
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ITEM 8 (CONT’D) APPLICATION NO. 2012/1672
1 Notwithstanding the provisions of Section 91 of the Town and Country Planning Act 1990 and the Town and Country Planning (General Permitted Development) Order 1995, this permission is for a limited period of 3 years only, expiring on 20th February 2016 when the use shall cease and any works carried out under this permission shall be removed and the land reinstated in accordance with a scheme to be agreed in writing with the Local Planning Authority. Reason: In the interests of the character and openness of the Gower AONB.
INFORMATIVES
1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: (Policies EV1, EV9 and EV26 of the Unitary Development Plan).
2 This consent is issued without prejudice to any other consents or easements that may be required in connection with the proposed development.
PLANS
RB/CENT/05 site location plan, RB/CENT/04 block plan, RB/CENT/01 floor plan, RB/CENT/03 site layout plan, RB/CENT/02 elevations received 28th December, 2012
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ITEM 9 APPLICATION NO. 2013/0005 WARD: Gower Area 2
Location: Bettys Meadow Slade Gower SA3 1NA Proposal: Increase in ridge height to form front and rear gables, front dormer and alterations to roof of existing rear extension to include flat roof and balcony Applicant: Mr Martin Howell
Eastern Slade
T ra c k Silo
Betty's Meadow Slade Barn
Hen Ffynnon
Lundy View
Seaways Haere-Mai
Tidecrest Easter Cottage 54.1m
NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright. Page 99 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 9 (CONT’D) APPLICATION NO. 2013/0005
BACKGROUND INFORMATION
POLICIES
Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).
Policy EV22 The countryside throughout the County will be conserved and enhanced for the sake of its natural heritage, natural resources, historic and cultural environment and agricultural and recreational value through: i) The control of development, and ii) Practical management and improvement measures. (City & County of Swansea Unitary Development Plan 2008)
Policy EV26 Within the Gower AONB, the primary objective is the conservation and enhancement of the area's natural beauty. Development that would have a material adverse effect on the natural beauty, wildlife and cultural heritage of the AONB will not be permitted. (City & County of Swansea Unitary Development Plan 2008)
Policy EV31 Along the undeveloped coastline development proposals for the provision of visitor and recreation facilities and services to complement existing facilities will be permitted at specified coastal locations. (City & County of Swansea Unitary Development Plan 2008)
Policy HC7 Proposals for extensions and alterations to existing residential dwellings will be assess in terms of; relationship to the existing dwelling, impact on the character and appearance of the streetscene, effect on neighbouring properties, and impact on car parking. (City & County of Swansea Unitary Development Plan 2008)
SITE HISTORY
None
RESPONSE TO CONSULTATIONS
A site notice was displayed on 7th January, 2013:
• No representations have been received to date.
APPRAISAL
This application is reported to Committee for decision at the request of Councillor Richard Lewis to assess the impact of the proposed development upon the character of the Gower Area of Outstanding Natural Beauty (AONB).
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ITEM 9 (CONT’D) APPLICATION NO. 2013/0005
The application site comprises of a detached bungalow which is situated within the open countryside and Gower’s Heritage Coast and Gower AONB. The site benefits from a large enveloping garden area to the side and rear.
The application seeks full planning permission to increase the ridge height of the property to form front and rear gable ends, to build a front dormer, and alter the existing rear extension to include a flat roof with balcony above. The ridge height of the property will be increased by approximately 0.5 metres and will comprise of matching front and rear gable ends measuring approximately 5.3 metres wide. The proposed front dormer will measure approximately 3.7 metres deep, 1.8 metres wide, 2.25 metres in height, and will be positioned approximately 0.4 metres above the eaves and 0.25 metres below the ridge. The proposed flat roofed extension will comprise of a balcony area above with safety railings measuring approximately 1 metre in height. The existing facing stonework façade of the property and existing concrete roof tiles will be removed and replaced by render finished walls throughout and new slate roof tiles. The proposed development will also comprise of matching u-PVC windows as those of the host property.
The primary issues in the consideration of this application relate to the impact of the proposed development on residential and visual amenities and the character and appearance of the countryside and Gower Heritage Coast and AONB having regard to the provisions of Policies EV1, EV22, EV26, EV31 and HC7 of the City and County of Swansea Unitary Development Plan (UDP), which was formally adopted in November 2008. The application is also considered with respect to the Council’s Supplementary Planning Guidance documents entitled ‘Gower AONB Design Guide’ and ‘A Design Guide for Householder Development’.
The proposed development comprises of alterations to all elevations of the application property which will be visible from public vantage points. The initial submitted plans proposed to build a large front dormer measuring approximately 2.2 metres wide, which would be positioned directly in line with the eaves of the roof. As such it was considered that the proposed front dormer represented a dominant and disproportionate form of development and therefore amendments were sought in order to mitigate the visual impact of the proposal. A set of amended plans were received, however, which show that the proposed front dormer has been reduced in width by approximately 0.4 metres and re- positioned approximately 0.4 metres above the eaves. In view of this amendment, it is considered that the proposed front dormer is of a sympathetic scale and design in relation to the proportions of the host roof. It is also considered that the proposed increase in ridge height is of a proportionate scale and the proposed incorporation of front and rear gable ends are in keeping with the character and appearance of the host property. The scale and design of the proposed rear balcony is also considered acceptable and the proposed rendering of walls throughout and introduction of new slate roof tiles is aesthetically pleasing. As such it is considered that the visual merit of the proposed development is acceptable and will bear no detrimental impact upon the visual amenities of the surrounding area, as well as the character and appearance of the countryside and Gower Heritage Coast and AONB.
The property is situated in the open countryside and does not share its curtilage boundary with any neighbouring residential properties, the closest being Hen Ffynnon to the south. Notwithstanding this, it is acknowledged that the proposed new windows at first-floor level comply with the Householder Development Design Guide in respect of separation distances to the garden boundary and nearest opposing windows. Page 101 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 19TH FEBRUARY 2013
ITEM 9 (CONT’D) APPLICATION NO. 2013/0005
As such, it is considered that the distance and relationship of neighbouring properties to the application site is sufficient to safeguard neighbouring residential amenity. Furthermore, notwithstanding the submitted site location plan, the property will retain sufficient private amenity space following development.
There are no access and highway safety issues in relation to the proposed development. In addition the proposal will bear no impact upon parking amenities.
In conclusion, it is considered that the proposal represents an acceptable form of development. The proposal causes no significant adverse effect to neighbouring amenity and bears no detrimental impact upon the character and appearance of the countryside or Gower AONB and Heritage Coast. Therefore, the development complies with Policies EV1, EV22, EV26, EV31 and HC7 of the City and County of Swansea’s UDP and the Design Guides for the Gower AONB and Householder Development. Approval is therefore recommended.
RECOMMENDATION
APPROVE, subject to the following conditions:
1 The development hereby permitted shall begin not later than five years from the date of this decision. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990.
INFORMATIVES
1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: EV1, EV22, EV26, EV31 and HC7.
PLANS
Site location plan, block plan, 228.01 existing floor plans, 228.02 existing elevations received 3rd January 2013 - Amended plans 228.03 proposed floor plans received 28th January 2013 and 228.04 rev B proposed elevations received 7th February 2013.
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Councillors
Labour Councillors: 25 June E Burtonshaw Andrew J Jones Mark C Child David J Lewis Uta C Clay Paul Lloyd (Vice Chair) David W Cole Geraint Owens Ann M Cook Jennifer A Raynor Sybil E Crouch J Christine Richards Jan P Curtice Robert V Smith William Evans Mitchell Theaker Robert Francis-Davies (Chair) Gloria J Tanner Fiona M Gordon Des W W Thomas Terry J Hennegan Mark Thomas Beverley Hopkins Lesley V Walton Yvonne V Jardine
Liberal Democrat Councillors: 6 Jeff W Jones Cheryl L Philpott Richard D Lewis T Huw Rees John Newbury R June Stanton
Independent Councillors: 4 E Wendy Fitzgerald Susan M Jones Lynda James Keith E Marsh
Conservative Councillors: 2 Anthony C S Colburn C Miles R W D Thomas
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