Report Delegated

Part 1

Date: 19th March 2015

Subject Planning Decision Schedule

Purpose To notify Members of decisions made on Planning Applications

Author Head of Regeneration, Investment and Housing

Ward As indicated on the schedule

Summary The Head of Regeneration, Investment and Housing has delegated powers to determine planning applications in accordance with the Council’s Scheme of Delegation. The schedule attached details decisions made during the week up to 19th March 2015.

This report details planning decisions already taken and is provided for information purposes. The reports contained in this schedule assess the proposed development against relevant planning policy and other material planning considerations, and take into consideration all consultation responses received.

The decisions made are expected to benefit the City and its communities by allowing good quality development in the right locations and resisting inappropriate or poor quality development in the wrong locations.

Proposal To issue Decision Notices as shown on the attached schedule

Action by Head of Regeneration, Investment and Housing

Timetable Immediate

This report was prepared after consultation with:

. Local Residents . Members . Statutory Consultees

The decisions detailed in this report were made following consultation as set out in the Council’s approved policy on planning consultation and in accordance with legal requirements.

Signed Background

Applications can be granted subject to planning conditions. Conditions must meet all of the following criteria:  Necessary;  Relevant to planning legislation (i.e. a planning consideration);  Relevant to the proposed development in question;  Precise;  Enforceable; and  Reasonable in all other respects.

Applications can be granted subject to a legal agreement under Section 106 of the Town and Country Planning Act 1990 (as amended). This secures planning obligations to offset the impacts of the proposed development. However, in order for these planning obligations to be lawful, they must meet all of the following criteria:  Necessary to make the development acceptable in planning terms;  Directly related to the development; and  Fairly and reasonably related in scale and kind to the development.

The applicant has a statutory right of appeal against the refusal of permission in most cases. There is no third party right of appeal against a decision.

Work is carried out by existing staff and there are no staffing issues. It is sometimes necessary to employ a Barrister to act on the Council’s behalf in defending decisions at planning appeals. This cost is met by existing budgets.

Where applicable as planning considerations, specific issues relating to sustainability and environmental issues, equalities impact and crime prevention impact of each proposed development are addressed in the relevant report in the attached schedule.

Financial Summary

The cost of determining planning applications and defending decisions at any subsequent appeal is met by existing budgets and partially offset by statutory planning application fees. Costs can be awarded against the Council at an appeal if the Council has acted unreasonably and/or cannot defend its decisions. Similarly, costs can be awarded in the Council’s favour if an appellant has acted unreasonably and/or cannot substantiate their grounds of appeal

Risks

Three risks are identified in relating to the determination of planning applications by Planning Committee: decisions being overturned at appeal; appeals being lodged for failing to determine applications within the statutory time period; and judicial review.

An appeal can be lodged by the applicant if permission is refused or if conditions are imposed. Costs can be awarded against the Council if decisions cannot be defended as reasonable, or if it behaves unreasonably during the appeal process, for example by not submitting required documents within required timescales. Conversely, costs can be awarded in the Council’s favour if the appellant cannot defend their argument or behaves unreasonably.

An appeal can also be lodged by the applicant if the application is not determined within the statutory time period. However, with the type of major development being presented to the Planning Committee, which often requires a Section 106 agreement, it is unlikely that the application will be determined within the statutory time period. Appeals against non-determination are rare due to the further delay in receiving an appeal decision: it is generally quicker for applicants to wait for the Planning Authority to determine the application. Costs could only be awarded against the Council if it is found to have acted unreasonably. Determination of an application would only be delayed for good reason, such as resolving an objection or negotiating improvements or Section 106 contributions, and so the risk of a costs award is low.

A decision can be challenged in the Courts via a judicial review where an interested party is dissatisfied with the way the planning system has worked or how a Council has made a planning decision. A judicial review can be lodged if a decision has been made without taking into account a relevant planning consideration, if a decision is made taking into account an irrelevant consideration, or if the decision is irrational or perverse. If the Council loses the judicial review, it is at risk of having to pay the claimant’s full costs in bringing the challenge, in addition to the Council’s own costs in defending its decision. In the event of a successful challenge, the planning permission would normally be quashed and remitted back to the Council for reconsideration. If the Council wins, its costs would normally be met by the claimant who brought the unsuccessful challenge. Defending judicial reviews involves considerable officer time, legal advice, and instructing a barrister, and is a very expensive process. In addition to the financial implications, the Council’s reputation may be harmed.

Mitigation measures to reduce risk are detailed in the table below. The probability of these risks occurring is considered to be low due to the mitigation measures, however the costs associated with a public inquiry and judicial review can be high.

Risk Impact of Probability What is the Council doing or Who is risk if it of risk what has it done to avoid the responsible occurs* occurring risk or reduce its effect? for dealing (H/M/L) (H/M/L) with the risk? Decisions M L Ensure reasons for refusal can Development challenged at be defended at appeal. Services appeal and Manager costs awarded against the Ensure planning conditions Development Council. imposed meet the tests set out Services in Circular 016/2014. Manager

Provide guidance to Planning Development Committee regarding relevant Services material planning Manager and considerations, conditions and Senior Legal reasons for refusal. Officer

Ensure appeal timetables are Development adhered to. Services Manager

Appeal lodged M L Avoid delaying the Development against non- determination of applications Services determination, unreasonably. Manager with costs awarded against the Council

Judicial review H L Ensure sound and rational Development successful decisions are made. Services with costs Manager Risk Impact of Probability What is the Council doing or Who is risk if it of risk what has it done to avoid the responsible occurs* occurring risk or reduce its effect? for dealing (H/M/L) (H/M/L) with the risk? awarded against the Council

* Taking account of proposed mitigation measures

Links to Council Policies and Priorities

The Council’s Corporate Plan 2012-2017 identifies five corporate aims: being a Caring City; a Fairer City; A Learning and Working City; A Greener and Healthier City; and a Safer City. Key priority outcomes include ensuring people live in sustainable communities; enabling people to lead independent lives; ensuring decisions are fair; improving the life-chances of children and young people; creating a strong and confident local economy; improving the attractiveness of the City; promoting environmental sustainability; ensuring people live in safe and inclusive communities; and making Newport a vibrant and welcoming place to visit and enjoy.

Through development management decisions, good quality development is encouraged and the wrong development in the wrong places is resisted. Planning decisions can therefore contribute directly and indirectly to these priority outcomes by helping to deliver sustainable communities and affordable housing; allowing adaptations to allow people to remain in their homes; improving energy efficiency standards; securing appropriate Planning Contributions to offset the demands of new development to enable the expansion and improvement of our schools and leisure facilities; enabling economic recovery, tourism and job creation; tackling dangerous structures and unsightly land and buildings; bringing empty properties back into use; and ensuring high quality ‘place- making’.

The Corporate Plan links to other strategies and plans, the main ones being:  Single Integrated Plan;  Newport Local Development Plan 2011-2026 (Adopted January 2015)

The Newport Single Integrated Plan (SIP) is the defining statement of strategic planning intent for the next 3 years. It identifies key priorities for improving the City. Its vision is: “Working together to create a proud and prosperous City with opportunities for all”

The Single Integrated Plan has six priority themes, which are: • Skills and Work • Economic Opportunity • Health and Wellbeing • Safe and Cohesive Communities • City Centre • Alcohol and Substance Misuse

Under Section 38(6) of the Planning and Compulsory Purchase Act 2004 all planning applications must be determined in accordance with the Newport Unitary Development Plan (Adopted May 2006) unless material considerations indicate otherwise. Planning decisions are therefore based primarily on this core Council policy.

Options Available Not applicable. This report details decisions already made under delegated powers.

Preferred Option and Why Not applicable. This report details decisions already made under delegated powers.

Comments of Chief Financial Officer In the normal course of events, there should be no specific financial implications arising from the determination of planning applications. There is a risk of decisions being challenged at appeal. The costs of defending decisions and any award of costs must be met by existing budgets.

Comments of Monitoring Officer There are no legal implications as the Reports are for information only and the decisions have already been taken in accordance with the officer scheme of delegation.

Staffing Implications: Comments of Head of People and Business Change Development Management work is undertaken by an in-house team and therefore there are no staffing implications arising from this report. Officer recommendations have been based on adopted planning policy which aligns with the Single Integrated Plan and the Council’s Corporate Plan objectives.

Local issues Ward Members were notified of planning applications in accordance with the Council’s adopted policy on planning consultation. Any comments made regarding a specific planning application are recorded in the report in the attached schedule

Equalities Impact Assessment The Equality Act 2010 contains a Public Sector Equality Duty which came into force on 06 April 2011. The Act identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership. The new single duty aims to integrate consideration of equality and good relations into the regular business of public authorities. Compliance with the duty is a legal obligation and is intended to result in better informed decision-making and policy development and services that are more effective for users. In exercising its functions, the Council must have due regard to the need to: eliminate unlawful discrimination, harassment, victimisation and other conduct that is prohibited by the Act; advance equality of opportunity between persons who share a protected characteristic and those who do not; and foster good relations between persons who share a protected characteristic and those who do not. The Act is not overly prescriptive about the approach a public authority should take to ensure due regard, although it does set out that due regard to advancing equality involves: removing or minimising disadvantages suffered by people due to their protected characteristics; taking steps to meet the needs of people from protected groups where these differ from the need of other people; and encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

An Equality Impact Assessment for delivery of the Development Management service has been completed and can be viewed on the Council’s website.

Children and Families (Wales) Measure Although no targeted consultation takes place specifically aimed at children and young people, consultation on planning applications and appeals is open to all of our citizens regardless of their age. Depending on the scale of the proposed development, applications are publicised via letters to neighbouring occupiers, site notices, press notices and/or social media. People replying to consultations are not required to provide their age or any other personal data, and therefore this data is not held or recorded in any way, and responses are not separated out by age.

Consultation Comments received from wider consultation, including comments from elected members, are detailed in each application report in the attached schedule.

Background Papers NATIONAL POLICY Planning Policy Wales (PPW) Edition 7 (July 2014) Minerals Planning Policy Wales (December 2000)

PPW Technical Advice Notes (TAN): TAN 1: Joint Housing Land Availability Studies (2006) TAN 2: Planning and Affordable Housing (2006) TAN 3: Simplified Planning Zones (1996) TAN 4: Retailing and Town Centres (1996) TAN 5: Nature Conservation and Planning (2009) TAN 6: Planning for Sustainable Rural Communities (2010) TAN 7: Outdoor Advertisement Control (1996) TAN 8: Renewable Energy (2005) TAN 9: Enforcement of Planning Control (1997) TAN 10: Tree Preservation Orders (1997) TAN 11: Noise (1997) TAN 12: Design (2014) TAN 13: Tourism (1997) TAN 14: Coastal Planning (1998) TAN 15: Development and Flood Risk (2004) TAN 16: Sport, Recreation and Open Space (2009) TAN 18: Transport (2007) TAN 19: Telecommunications (2002) TAN 20: The Welsh Language: Unitary Development Plans and Planning Control (2013) TAN 21: Waste (2014) TAN 23: Economic Development (2014)

Minerals Technical Advice Note (MTAN) Wales 1: Aggregates (30 March 2004) Minerals Technical Advice Note (MTAN) Wales 2: Coal (20 January 2009)

Welsh Government Circular 016/2014 on planning conditions

LOCAL POLICY Newport Local Development Plan (LDP) 2011-2026 (Adopted January 2015)

OTHER The Colliers International Retail Study (July 2010) is not adopted policy but is a material consideration in making planning decisions.

The Economic Development Strategy is a material planning consideration.

The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 as amended by the Town and Country Planning (Environmental Impact Assessment) (Amendment) (Wales) Regulations 2008 are relevant to the recommendations made.

Other documents and plans relevant to specific planning applications are detailed at the end of each application report in the attached schedule

APPLICATION DETAILS

No: 1 15/0150 Ward: ALLT-YR-YN

Type: DISCHARGE CONDITIONS

Expiry Date: 02-APR-2015

Applicant: MR RYAN STUCKEY, ALLAN STUCKEY ARCHITECTS

Site: COUNTY CHAMBERS, PENTONVILLE, NEWPORT, NP20 5HB

Proposal: PARTIAL DISCHARGE OF CONDITION 2 (BIN STORES) OF PLANNING PERMISSION 13/0573 FOR CHANGE OF USE OF FORMER OFFICES TO CREATE 7NO. RESIDENTIAL UNITS (2NO. ONE BED APARTMENTS AND 5NO. TWO BED APARTMENTS) AND CONSTRUCTION OF FIRST FLOOR INFILL ON NORTH EAST (QUEENS HILL) ELEVATION.

DECISION APPROVED

1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 HISTORIC BUILDINGS AND CONSERVATION OFFICER: No objection.

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY

13/0573 CHANGE OF USE OF FORMER OFFICES TO Granted with CREATE 7 NO. RESIDENTIAL UNITS (2NO. ONE conditions BED APARTMENTS AND 5NO. TWO BED APARTMENTS) AND CONSTRUCTION OF FIRST FLOOR INFILL ON NORTH EAST (QUEENS HILL) ELEVATION

5. ASSESSMENT 5.1 This application seeks the partial discharge of condition 2 (Bin Stores) of planning permission 13/0573 for the change of use of former offices to create 7 No. residential units and the construction of a first floor infill extension on the north east elevation at County Chambers, Pentonville.

5.2 This condition states “ Prior to the commencement of development, full details of the bin stores shall be submitted to and approved in writing by the Local Planning Authority and then fully implemented as approved prior to the first beneficial occupation of the flats hereby approved. Reason: To ensure the development is completed in a manner compatible with its surrounds, to ensure that the setting of the listed building is preserved and to ensure that adequate bin storage is provided”.

5.3 The amenities serving this development, Queens Chambers and Shirehall are communal and located to the rears of all three properties. The applicant has provided details of a bin store to be located within the communal car park. It would be a brick construction finished with a Throckley Smooth Buff Ibstock brick. The Historic Buildings and Conservation Officer has no objection to the proposals.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998 Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010 The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

6.3 Having due regard to advancing equality involves:  removing or minimising disadvantages suffered by people due to their protected characteristics;  taking steps to meet the needs of people from protected groups where these differ from the need of other people; and  encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

6.4 The above duty has been given due consideration in the determination of this application. It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

7. CONCLUSION 7.1 The information submitted is considered to be acceptable and meets with the aim of the condition. The condition is partially discharged.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan No: 11/2013/BR/005 and an email from Allan Stuckey Architects (dated 5 February 2015).

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application.

03 As consideration of this request did not raise significant additional environmental matters over and above those previously considered as part of the original application, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

APPLICATION DETAILS

No: 2 15/0151 Ward: ALLT-YR-YN

Type: DISCHARGE CONDITIONS

Expiry Date: 02-APR-2015

Applicant: MR RYAN STUCKEY, ALLAN STUCKEY ARCHITECTS

Site: COUNTY CHAMBERS, PENTONVILLE, NEWPORT, NP20 5HB

Proposal: PARTIAL DISCHARGE OF CONDITION 3 (BICYCLE STORAGE) OF PLANNING PERMISSION 13/0573 FOR CHANGE OF USE OF FORMER OFFICES TO CREATE 7NO. RESIDENTIAL UNITS (2NO. ONE BED APARTMENTS AND 5NO. TWO BED APARTMENTS) AND CONSTRUCTION OF FIRST FLOOR INFILL ON NORTH EAST (QUEENS HILL) ELEVATION.

DECISION APPROVED

1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection.

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY

13/0573 CHANGE OF USE OF FORMER OFFICES TO CREATE Granted with 7 NO. RESIDENTIAL UNITS (2 NO. ONE BED conditions APARTMENTS AND 5NO. TWO BED APARTMENTS) AND CONSTRUCTION OF FIRST FLOOR INFILL ON NORTH EAST ELEVATION

5. ASSESSMENT 5.1 This application seeks the partial discharge of condition 3 (Bicycle Storage) of planning permission 13/0573 for the change of use of former offices to create 7 No. residential units and the construction of a first floor infill extension on the north east elevation at County Chambers, Pentonville.

5.2 The condition states “ Prior to the occupation of the residential units hereby approved, bicycle storage shall be provided within the curtilage of the building, in accordance with details which shall have first been submitted to the Local Planning Authority. The bicycle storage shall be provided in accordance with the approved details prior to the first beneficial occupation of the units hereby approved and shall remain in perpetuity. Reason: In the interests of sustainability and to ensure the development is carried out in a secure manner”.

5.3 The amenities serving this development, Queens Chambers and Shirehall are communal and located to the rears of all three properties. The applicant has provided bicycle stands to the rear of Shirehall which are accessible to the occupants of County Chambers. The Head of Streetscene and City Services is satisfied with the bicycle storage provided.

7. CONCLUSION 7.1 The information submitted is considered to be acceptable and meets with the requirements of the condition. The condition is partially discharged.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan No: 11/2013/BR/005 and an email from Allan Stuckey Architects (dated 5 February 2015).

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application.

APPLICATION DETAILS

No: 3 15/0153 Ward: ALLT-YR-YN

Type: DISCHARGE CONDITIONS

Expiry Date: 02-APR-2015

Applicant: MR RYAN STUCKEY, ALLAN STUCKEY ARCHITECTS

Site: COUNTY CHAMBERS, PENTONVILLE, NEWPORT, NP20 5HB

Proposal: DISCHARGE OF CONDITION 6 (WINDOWS & DOORS) OF PLANNING PERMISSION 13/0573 FOR CHANGE OF USE OF FORMER OFFICES TO CREATE 7NO. RESIDENTIAL UNITS (2NO. ONE BED APARTMENTS AND 5NO. TWO BED APARTMENTS) AND CONSTRUCTION OF FIRST FLOOR INFILL ON NORTH EAST (QUEENS HILL) ELEVATION.

DECISION APPROVED

1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 HISTORIC BUILDINGS AND CONSERVATION OFFICER: No objection.

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY

13/0573 CHANGE OF USE OF FORMER OFFICES TO Granted with CREATE 7 NO. RESIDENTIAL UNITS (2 NO. ONE conditions BED APARTMENTS AND 5 NO. TWO BED APARTMENTS) AND CONSTRUCTION OF FIRST FLOOR INFILL ON NORTH EAST ELEVATION.

5. ASSESSMENT 5.1 This application seeks the discharge of condition 6 (windows and doors) of planning permission 13/0573 for the change of use of former offices to create 7 No. residential units and the construction of a first floor infill on the north east elevation.

5.2 The condition states “Prior to the conversion of the building hereby approved, full details of doors and windows shall be submitted to the Local Planning Authority and written approval received. The development shall be carried out in accordance with the approved details. Reason: In the interests of safeguarding the visual amenity of the building and the adjacent listed building”.

5.3 The applicant has stated that all existing windows and doors have been repaired and decorated. No new windows or doors are proposed. The Historic Buildings and Conservation Officer has no objection to this information.

7. CONCLUSION 7.1 The information submitted is considered to be acceptable. The condition is discharged.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to: an email from Allan Stuckey Architects (dated 5 February 2015).

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application.

APPLICATION DETAILS

No: 4 15/0154 Ward: ALLT-YR-YN

Type: DISCHARGE CONDITIONS

Expiry Date: 02-APR-2015

Applicant: MR RYAN STUCKEY, ALLAN STUCKEY ARCHITECTS

Site: COUNTY CHAMBERS, PENTONVILLE, NEWPORT, NP20 5HB

Proposal: DISCHARGE OF CONDITION 7 (CCTV & FLOODLIGHTING) OF PLANNING PERMISSION 13/0573 FOR CHANGE OF USE OF FORMER OFFICES TO CREATE 7NO. RESIDENTIAL UNITS (2NO. ONE BED APARTMENTS AND 5NO. TWO BED APARTMENTS) AND CONSTRUCTION OF FIRST FLOOR INFILL ON NORTH EAST (QUEENS HILL) ELEVATION.

DECISION APPROVED

1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 HISTORIC BUILDINGS AND CONSERVATION OFFICER: No objection.

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY

13/0573 CHANGE OF USE OF FORMER OFFICES TO Granted with CREATE 7 NO. RESIDENTIAL UNITS (2 NO. ONE conditions BED APARTMENTS AND 5 NO. TWO BED APARTMENTS) AND CONSTRUCTION OF FIRST FLOOR INFILL ON NORTH EAST (QUEENS HILL) ELEVATION

5. ASSESSMENT 5.1 This application seeks the discharge of condition 7 (CCTV and Floodlighting) of planning permission 13/0573 for the change of use of former offices to residential units and the construction of an first floor infill extension on the north east elevation at County Chambers, Pentonville.

5.2 The condition states “ Full details of any external CCTV, illumination and floodlighting provision shall be submitted to the Local Planning Authority prior to their erection or installation on site, and the subsequent scheme shall then be installed fully in accordance with the details as approved. No other external lighting or CCTV shall be installed without the prior consent in writing of the Local Planning Authority. Reason: In the interests of residential amenity and the appearance of the Listed Building”.

5.3 The applicant has confirmed that there would be no additional CCTV or floodlighting over and above that which has been agreed under application 13/1245. As there are no proposals to install CCTV or floodlighting the Historic Buildings and Conservation Officer raises no objection.

7. CONCLUSION 7.1 The information submitted is considered to be acceptable. The condition is discharged.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to an email from Allan Stuckey Architects (dated 5 February 2015).

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application.

APPLICATION DETAILS

No: 5 15/0245 Ward: ALLT-YR-YN

Type: DISCHARGE CONDITIONS

Expiry Date: 26-APR-2015

Applicant: P BOOTH

Site: GLASLLWCH JUNIOR & INFANT SCHOOL, MELBOURNE WAY, NEWPORT, NP20 3RH

Proposal: PARTIAL DISCHARGE OF CONDITION 05 (WATCHING BRIEF) OF PLANNING PERMISSION 14/0987 FOR THE CONSTRUCTION OF SINGLE STOREY STAND ALONE NURSERY UNIT, ERECTION OF CANOPY FOR OUTDOOR PLAY AND ADDITIONAL CAR PARK SPACES.

DECISION APPROVED

1. CONSULTATIONS 1.1 No external consultation was undertaken.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (TREE OFFICER): No objection.

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY 14/0987 CONSTRUCTION OF SINGLE STOREY STAND ALONE Granted with NURSERY UNIT, ERECTION OF CANOPY FOR OUTDOOR Conditions PLAY AND ADDITIONAL CAR PARK SPACES.

5. ASSESSMENT 5.1 This application seek to partially discharge condition 05 of planning permission 14/0987 (as referenced above) for the erection of a nursery unit in the grounds of Glasllwch Junior & Infant School, Melbourne Way, Newport.

5.2 Condition 05 reads as follows; “No development, to include demolition, shall commence until an Arboriculturalist has been appointed, as first agreed in writing by the Local Planning Authority, to oversee the project (to perform a Watching Brief) for the duration of the development and who shall be responsible for – (a) Supervision and monitoring of the approved Tree Protection Plan; (b) Supervision and monitoring of the approved tree felling and pruning works; (c) Supervision of the alteration or temporary removal of any Barrier Fencing; (d) Oversee working within any Root Protection Area; (e) Reporting to the Local Planning Authority; The Arboricultural Consultant will provide site progress reports to the Council's Tree Officer at intervals to be agreed by the Councils Tree Officer. Reason: To protect important landscape features within the site”.

5.3 The agent has indicated that James Pinder has been appointed as the arboriculturalist for the development and to undertake the duties required by the condition (as above). The Council’s Tree Officer is satisfied with the appointment and offers no objection to the partial discharge of this condition.

7. CONCLUSION 7.1 The information provided is considered acceptable. This application is therefore approved and the condition partially discharged.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: Email from Phil Booth dated 2nd March 2015.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application.

APPLICATION DETAILS

No: 6 14/1094 Ward: GAER

Type: FULL

Expiry Date: 07-JAN-2015

Applicant: J AND S WILLIAMS

Site: VACANT OFFICES, 35, STOW PARK CIRCLE, NEWPORT, NP20 4HF

Proposal: PROPOSED CHANGE OF USE FROM EXISTING GARAGE/STORAGE USE TO A PROPOSED OFFICE USE

DECISION GRANTED WITH CONDITIONS

1. CONSULTATIONS 1.1 DWR CYMRU WELSH WATER: No objection subject to the attachment of a condition preventing an increase of surface water entering the public sewerage system.

1.2 NEWPORT ACCESS GROUP: No response received.

1.3 STOW PARK CONSERVATION SOCIETY: No response received.

1.4 WALES & WEST UTILITIES: No objection however advises that the developer contacts Wales & West Utilities prior to commencement of any works to ensure apparatus is protected.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF LEGAL AND REGULATION (ENVIRONMENTAL HEALTH): No objection.

2.2 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection.

2.3 HISTORIC BUILDING AND CONSERVATION OFFICER: Has no objection to the change of use and provided the following comments:  Though of a lesser architectural quality than the main house, the coach house/stable building contributes to the original sense of status of the house and the whole Stow Park area.  Thought the building is generally plain, it has a well-detailed elevation to Stow Hill. Despite alteration, the general appearance of the building is indicative of its original use, and as such it makes a positive contribution to the character of the area.  Large scale drawings of elements such as external joinery and particularly when a roof is to be replaced such as here, eaves and verge details should be provided.  It is undesirable to render the existing brick elevations of the building though it is noted that there have been previous alterations in non-matching brick and that a previous extension to the original building has a matching finish. Given the limited public visibility of the elevations to be rendered, this approach may be acceptable, but when viewed in conjunction with other proposed alterations it would give the building a quite altered, domestic character which would lose the evidence of the buildings original use. This would have a detrimental impact on the character of the conservation area.  Whilst the introduction of some new windows and doors to suit the new function of the building would be expected, the complete loss of original large ground floor openings is unwelcome; one of these survives with original framed ledged and braced doors which would ideally be retained in a conversion, and a new openings could easily be introduced in a way that reflects the buildings original function.  Particularly undesirable is the loss of the original access at first floor level to serve the hayloft, as this is arguably the most characterful element of the existing building. The proposed south elevation also seems unsatisfactory; the windows don’t seem to suit the form of the building very well although they are probably preferable to the existing modern garage door, but the proportion and dominance of the proposed half-timbering to the upper parts needs much more careful consideration.  The loss of the close boarded fence across the old rear access is welcome in principle, but the style of gate indicated would not ordinarily be appropriate for a rear service entrance to a house such as this. A well-detailed timber framed ledged and braced design would be preferable.

3. REPRESENTATIONS 3.1 NEIGHBOURS: All properties with a common boundary and opposite were consulted (thirty nine addresses) were consulted. No representations were received.

3.2 Press Notice (published 06 December 2014): No representations received.

3.3 Site Notice (displayed 26 November 2014): No representations received.

4. RELEVANT SITE HISTORY None.

5. ASSESSMENT 5.1 This application seeks permission for the change of use of the existing outbuilding from the existing garage/storage use to office space at the detached property within the Stow Park Conservation Area. The main property is currently in use as offices.

5.2 The outbuilding is located within the curtilage of 35 Stow Park Circle and will be accessed by the main entrance onto Stow Park Circle. There would be an additional pedestrian access gate from Stow Hill. The gates onto Stow hill would replace a close boarded timber gate with a metal railing gate allowing views into the site.

5.3 It is proposed to remove the existing high level windows in the west elevation and make good and render this elevation. It is also proposed to remove the existing garage door and first floor window in the south elevation and render and make good this elevation whilst inserting two windows at ground level and timber detailing to the gable end. The hayloft door at first floor level would be removed and a small window introduced in its place in the north elevation. In the east elevation, the timber doors would be removed and a single entry door and three windows introduced.

5.4 Policies GP2 (General Amenity), GP6 (Quality of Design) and CE7 (Conservation Areas) of the Newport Local Development Plan 2011-2026 (adopted January 2015) are relevant to the determination of this application.

5.5 The Council’s Conservation has no objections to the principle of the change of use of the building, however provided the following comments:  It is undesirable to render the existing brick elevations of the building though it is noted that there have been previous alterations in non-matching brick and that a previous extension to the original building has a matching finish. Given the limited public visibility of the elevations to be rendered, this approach may be acceptable, but when viewed in conjunction with other proposed alterations it would give the building a quite altered, domestic character which would lose the evidence of the buildings original use. This would have a detrimental impact on the character of the conservation area.  Whilst the introduction of some new windows and doors to suit the new function of the building would be expected, the complete loss of original large ground floor openings is unwelcome; one of these survives with original framed ledged and braced doors which would ideally be retained in a conversion, and a new openings could easily be introduced in a way that reflects the buildings original function.  Particularly undesirable is the loss of the original access at first floor level to serve the hayloft, as this is arguably the most characterful element of the existing building. The proposed south elevation also seems unsatisfactory; the windows don’t seem to suit the form of the building very well although they are probably preferable to the existing modern garage door, but the proportion and dominance of the proposed half-timbering to the upper parts needs much more careful consideration.  The loss of the close boarded fence across the old rear access is welcome in principle, but the style of gate indicated would not ordinarily be appropriate for a rear service entrance to a house such as this. A well-detailed timber framed ledged and braced design would be preferable

5.6 Amended plans were received with regards to the comments made by the Conservation Officer showing the following changes:  The hayloft door retained.  Introduction of a part timber/part glazed panel to the right of the entrance door on the east elevation in order to retain the same sized opening.  Removal of a section of timber detailing to the gable end of the south elevation. The Council’s Conservation Officer considers the amendments to be acceptable.

5.7 Head of Streetscene (Highways) has no objections to the proposals.

5.8 It is considered that the proposals are acceptable as they would not detract from the character and appearance of the conservation area or be a detriment to highway safety or the amenity of nearby occupiers.

7. CONCLUSION 7.1 The proposals are considered to be acceptable as they would not have an unacceptable impact on the character or appearance of the conservation area and would not have a detrimental impact on the amenity of the area or highway safety. The proposals therefore comply with policies GP2, GP6 and CE7 of the Newport Local Development Plan.

8. DECISION

GRANTED WITH CONDITIONS

The development shall be implemented in accordance with the following plans and documents: G804/4 Proposed Site Plan, G804/3A Proposed Elevation, Floor Plans and Section and G804/5 Proposed Window and Entrance Screen Details. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

Pre- commencement conditions

02 No work shall be commenced on the construction of the approved scheme until details/samples of materials and finishes to be used on the external surfaces have been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out using the approved materials. Reason: To ensure that the development is completed in a manner compatible with its surroundings.

Pre –occupation conditions

03 Prior to the first use of the development hereby approved the parking spaces shall be provided in accordance with the approved plans and thereafter shall be kept available at all times for such purpose. Reason: To ensure adequate off-street parking provision is made in the interests of highway safety.

General conditions

04 no net increase of surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system. 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.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2, GP6 and CE7 were relevant to the determination of this application.

02 The developer is advised to contact Wales & West utilities prior to the commencement of development to establish the location of services and their requirements.

03 Due to the minor nature of the proposed development (including any demolition) and the location of the proposed development, it is considered that the proposals did not need to be screened under the Environmental Impact Assessment Regulations.

APPLICATION DETAILS

No: 15/0155 Ward: LANGSTONE

Type: CERTIFICATE OF LAWFUL USE (PROPOSED)

Expiry Date: 01-APR-2015

Applicant: M. WAKEFIELD

Site: 4, TREGARN CLOSE, LANGSTONE, NEWPORT, NP18 2JL

Proposal: LAWFUL DEVELOPMENT CERTIFICATE FOR PROPOSED REPLACEMENT REAR EXTENSION

DECISION: GRANTED

1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 None

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY 4.1 No relevant site history.

5. ASSESSMENT 5.1 This application has been submitted to determine whether planning permission is required for a single storey rear extension to a large, modern detached dwelling located in the Langstone Ward. The property has an existing single storey extension and conservatory which protrude from its main rear wall. It is proposed that both are removed and replaced by a new single storey extension that would span the length of this wall. The extension would measure 8.2 metres in width, 3.4 metres in depth and would adopt a lean-to roof with a height of 2.1 metres to the eaves and 3.3 metres to the ridge.

5.2 It is considered that the proposed extension would constitute permitted development under Schedule 2, Part 1, Class A of the Town and Country Planning (General Permitted Development) Order 1995 as amended. This is firstly because the total area of ground covered by buildings within the curtilage would not exceed 50% as a result of the works (excluding the original dwellinghouse). Secondly, the extension would not measure more than 4 metres in depth and 4 metres in height.

7. CONCLUSION 7.1 The proposed rear extension constitutes permitted development under Schedule 2, Part 1, Class A of the Town and Country Planning (General Permitted Development) Order 1995 as amended. Planning permission is therefore not required and the Certificate of Lawful Development is granted.

8. DECISION:

GRANTED

01 The proposed rear extension constitutes permitted development under Schedule 2, Part 1, Class A of the Town and Country Planning (General Permitted Development) Order 1995 as amended.

NOTE TO APPLICANT

01 This decision relates to plan Nos: 13-153-01, 13-146-02, 13-146-03

02 The development plan for Newport is the Newport Local Development Plan 2011-26 (Adopted January 2015). No policies were relevant to the determination of this application.

04 The applicant is reminded that the appearance of the materials used in each element of any exterior work must so far as practicable match that of the existing dwellinghouse.

APPLICATION DETAILS

No: 8 15/0092 Ward: LLANWERN

Type: FULL

Expiry Date: 31-MAR-2015

Applicant: R. PRICE

Site: LAND NORTH OF CHANNEL VIEW, SOUTH ROW, REDWICK, NEWPORT

Proposal: ERECTION OF AN AGRICULTURAL STORAGE BUILDING FOR THE STORAGE OF FODDER, BEDDING AND MACHINERY

DECISION: GRANTED WITH CONDITIONS

1. CONSULTATIONS 1.1 CALDICOT AND WENTLOOGE LEVELS INLAND DRAINAGE BOARD: No objection to the application provided that the mitigation measures mentioned in the Flood Consequence Assessment are strictly complied with. Also brings to Officer’s attention that the site is located inside the Board’s operational area and that Redwick is a very sensitive area. Advises that no additional surface water runoff is permitted into the viewed watercourses without written Land Drainage Consent from the Board. Also advises that absolutely no modification of any ditches/ reens/ watercourses should be undertaken without written Land Drainage Consent from the Board. Recommends that Natural Resources Wales are contacted as the building falls within the Redwick and Llandevenny SSSI.

1.2 NATURAL RESOURCES WALES: Does not object to the application provided that appropriate conditions are applied to the permission to protect the Redwick and Llandevenny SSSI. Also advises that the site lies entirely within Zone C1 as defined by TAN15 and is within the 0.5% (1 in 200 year) and 0.1% (1 in 1000) year annual probability tidal flood outlines of the Severn Estuary. Given the scale of the proposed development, considers that the flood risk could be acceptable subject to the developer being made aware of the potential flood risks and advised to install flood-proofing measures.

1.3 GLAMORGAN GWENT ARCHAEOLOGICAL TRUST: No response but offered no objection to application 14/1223.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF LAW AND STANDARDS (PUBLIC PROTECTION MANAGER): No objection.

2.2 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection.

2.3 HEAD OF STREETSCENE AND CITY SERVICES (ECOLOGY OFFICER): Advises that the site falls within the Gwent Levels SSSI boundary which has been designated for its unique assemblage of aquatic flora and fauna. However, the nature and scale of this application is unlikely to impact upon the conservation status of the reens/ ditches. No objection is therefore made.

3. REPRESENTATIONS 3.1 All neighbours sharing a common boundary with the site were consulted (1 address): No responses were received.

3.2 REDWICK COMMUNITY COUNCIL: No objection.

RELEVANT SITE HISTORY

11/0677 ERECTION OF TWO AGRICULTURAL BUILDINGS FOR THE Granted STORAGE OF FODDER, BEDDING AND MACHINERY AND THE HOUSING OF LIVESTOCK, INCLUDING LAMBING FACILITIES 4. 13/0379 ERECTION OF AGRICULTURAL BUILDING FOR STORAGE Prior OF FODDER, BEDDING AND MACHINERY Approval Not Required 14/1223 PRIOR NOTIFICATION FOR THE ERECTION OF AN Prior AGRICULTURAL BUILDING FOR STORAGE Approval Required 5. ASSESSMENT 5.1 This application seeks consent for the erection of an agricultural building for the storage of fodder, bedding and machinery at a farm located to the east of Redwick Village. It was determined in application 14/1223 that prior approval from the Local Planning Authority would be required for the building as it would be located entirely within the Redwick and Llandevenny SSSI and would be constructed in close proximity to a drainage ditch. It was considered necessary to assess the impact of the building on the SSSI and drainage ditch.

5.2 The site lies approximately 0.5km east of Redwick village, and the farmhouse fronts South Row, a single track lane. There already exists a considerable amount of development in the area of the site adjacent to the farmhouse consisting of several large agricultural buildings. To the north east of the farmhouse there is an existing cluster of three similarly sized agricultural buildings arranged in a linear pattern. The applicant proposes to add a fourth building, of similar size and design to the north of these buildings. The building would be constructed of brown and grey Yorkshire boards over precast concrete panels and would have a grey fibre cement sheeted pitched roof. It would attach to the existing building to the south. The building would measure 36.6m in length, 13.7m in width and 5.5m in height to its highest point.

Principle of Development

5.3 Although the site lies outside of any defined settlement boundary, the principle of the development is considered acceptable given that the proposed agricultural use is appropriate in the countryside. The proposals therefore meet the requirements of Policy SP5 (Countryside) of the Newport Local Development Plan (LDP).

Design of the Development

5.4 The development is considered acceptable in design terms as the proposed materials appear agricultural in nature and therefore the building would not appear out of character with its surroundings. As the building would be located to behind the existing agricultural buildings its addition to the site would anyway not be noticeable from outside of the site. As the building would be located in close proximity to the existing farm buildings its presence would meanwhile not result in the pepper-potting of the rural landscape. The proposals are as such considered to comply with Policy GP6 (Quality of Design) of the LDP.

Highways and Accessibility

5.5 The Head of Streetscene and City Services (Highways) has raised no concerns with the proposals and has not brought any potential highway safety issues to the attention of the Local Planning Authority. The proposals are therefore considered to comply with Policy GP4 (Highways and Accessibility) of the LDP. Flood Risk

5.6 The site lies within Zone C1 as defined by TAN15 and is within the 0.5% (1 in 200 year) and 0.1% (1 in 1000 year) annual probability tidal flood outlines of the Severn Estuary. The applicant has submitted a Flood Consequence Assessment (FCA) which outlines the mitigation measures to be put in place to manage the consequences of flooding. Natural Resources Wales (NRW) are satisfied that the flood risk could be acceptable subject to the developer being made aware of the potential flood risks and advised to install flood-proofing measures. The site meanwhile lies adjacent to a drainage ditch and is located inside the Caldicot and Wentlooge Levels Inland Drainage Board’s (CWLIDB) operational area. The CWILDB has commented that Redwick is a very sensitive area and the accumulative increase in impermeable area created by the additional building has the potential to create additional increased surface water runoff elsewhere. However, they are satisfied that the development could be made acceptable through the imposition of conditions requiring that the mitigation measures in the FCA are strictly complied with. The proposals would therefore comply with Policy SP3 (Flood Risk) of the LDP if such conditions are imposed and abided with.

Impact on the SSSI

5.7 Although the site lies entirely within the Redwick and Llandevenny SSSI, the Head of Streetscene and City Services (Ecology Officer) has not objected to the proposals as the nature and scale of this application is unlikely to impact upon the conservation status of the reens. NRW have echoed the stance of the Ecology Officer subject to conditions being imposed to protect the SSSI. The proposals would therefore comply with policy SP9 (Conservation of the Natural, Historic and Built Environment) of the LDP.

7. CONCLUSION 7.1 The proposed agricultural building is an appropriate use in the countryside and the proposals would not have an unacceptable impact upon visual amenity, highway safety, flood risk, or the conservation of the natural environment. The proposals therefore comply with Policies SP3, SP5, SP9, GP4 and GP6 of the LDP and permission is granted with the following conditions:

8. DECISION

GRANTED WITH CONDITIONS

01 The development shall be carried out in accordance with the following approved plans and documents:

Elevation and Floor Plans, Site Location Plan Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

Pre-Commencement

02 No development shall take place until a scheme for the provision and management of buffer zones at the edge of the site and reen system shall be submitted to and agreed in writing by the local planning authority. Thereafter the development shall be carried out in accordance with the approved scheme and any subsequent amendments shall be agreed in writing with the local planning authority. The buffer zone scheme shall be free from built development including deposition of waste or material, lighting and formal landscaping. Reason: To safeguard the special interests of the Gwent Levels – Redwick and Llandevenny SSSI.

Pre-Occupation

03 Prior to the occupation of the agricultural building hereby approved, the mitigation measures detailed in sections (5), (6), (7), (8) and (9) of the Flood Consequence Assessment shall be implemented and remain in place thereafter. Reason: To ensure the effective management of the consequences of flooding and to prevent the increase of flooding elsewhere.

General Conditions

04 Any water discharged from the development into the drainage system shall be of a quality compatible with the Gwent Levels SSSI and shall be discharged at a Greenfield runoff rate. Reason: To safeguard the special interests of Gwent Levels – Redwick and Llandevenny SSSI.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011-26 (Adopted January 2015). Policies SP3, SP5, SP9, GP4 and GP6 were relevant to the determination of this application.

02 The proposed development (including any demolition) has been screened under the Environmental Impact Assessment Regulations and it is considered that an Environmental Statement is not required.

03 The site lies entirely within Zone C1 as defined by Technical Advice Note 15: Development and Flood Risk (July 2004). It is advised that flood proofing measures are installed as part of the development, and the developer should consult the Environment Agency publication ‘Prepare you property for flooding’, and the Office of the Deputy Prime Minister Publication ‘Preparing for Floods: Interim Guidance for Improving the Flood Resistance of Domestic and Small Business Properties’.

04 The applicant is advised that no additional surface water runoff is permitted into the viewed watercourses without written Land Drainage Consent from the Caldicot and Wentlooge Levels Inland Drainage Board under the terms of the Land Drainage Act 1991 and the Flood and Water Management Act 2010.

05 The applicant is advise that no modification of any ditches, reens and/or watercourses within the Inland Drainage Board district will be undertaken without a written Land Drainage Consent from the Board.

APPLICATION DETAILS

No: 9 15/0133 Ward: LLANWERN

Type: DISCHARGE CONDITIONS

Expiry Date: 30-MAR-2015

Applicant: S. LANE

Site: LAND ADJACENT TO AND SOUTH OF 23, WILLOW DRIVE, LLANMARTIN, NEWPORT

Proposal: PARTIAL DISCHARGE OF CONDITION 6 (SLAB LEVEL) OF PERMISSION 13/0642 FOR THE ERECTION OF 9NO. TWO BEDROOM APARTMENTS (RESUBMISSION FOLLOWING REFUSAL OF PLANNING APPLICATION 11/0974)

DECISION: APPROVED

1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No response.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY 05/0406 RESIDENTIAL DEVELOPMENT (OUTLINE) Granted with Conditions

07/0135 ERECTION OF 6NO. TWO BEDROOM APARMENTS Granted with Conditions

08/1386 ERECTION OF 8NO. RESIDENTIAL UNITS (AMENDMENT Granted with TO PLANNING PERMISSION 07/0135 FOR THE Conditions ERECTION OF 6NO. 2 BED APARTMENTS)

11/0974 ERECTION OF 9NO. TWO BEDROOM APARTMENTS Refused (AMENDMENT TO APPROVAL 08/1386)

13/0642 ERECTION OF 9NO. TWO BEDROOM APARTMENTS Granted with (RESUBMISSION FOLLOWING REFUSAL OF PLANNING Conditions APPLICATION 11/0974)

5. ASSESSMENT 5.1 This application seeks the discharge of Condition 06 (Slab Level) of permission 13/0642 for a residential development of 9 apartments on the Underwood estate. The condition reads as follows:

“No development shall commence until details and plans showing the finished slab level of the building hereby approved, together with cross sections through the site, have been submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken in accordance with the approved details. Reason: In the interests of visual amenities”.

5.2 The applicant has submitted details which show that the finished floor level of the building would be 900mm above the finished floor level of 23 Willow Drive. Given that the building would be located towards the rear of the plot, away from the neighbouring residential properties, it is not considered that the resulting height of the building would have an adverse impact on visual amenity or the amenity of neighbours. Sufficient details have therefore been submitted to partially discharge the Condition.

7. CONCLUSION 7.1 Sufficient details have been submitted to partially discharge the condition.

9. DECISION:

APPROVED

NOTE TO APPLICANT

01 This decision relates to the following plans and documents: 12(A)003.planning01

02 The development plan for Newport is the Newport Local Development Plan 2011-26 (Adopted January 2015). No policies were relevant to the determination of this application.

APPLICATION DETAILS

No: 10 15/0134 Ward: LLANWERN

Type: DISCHARGE CONDITIONS

Expiry Date: 30-MAR-2015

Applicant: S. LANE

Site: LAND ADJACENT TO AND SOUTH OF 23, WILLOW DRIVE, LLANMARTIN, NEWPORT

Proposal: PARTIAL DISCHARGE OF CONDITION 6 (WHEEL WASH) OF PERMISSION 13/0642 FOR THE ERECTION OF 9NO. TWO BEDROOM APARTMENTS (RESUBMISSION FOLLOWING REFUSAL OF PLANNING APPLICATION 11/0974)

DECISION: APPROVED

1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY 05/0406 RESIDENTIAL DEVELOPMENT (OUTLINE) Granted with Conditions

07/0135 ERECTION OF 6NO. TWO BEDROOM APARMENTS Granted with Conditions

08/1386 ERECTION OF 8NO. RESIDENTIAL UNITS (AMENDMENT Granted with TO PLANNING PERMISSION 07/0135 FOR THE ERECTION Conditions OF 6NO. 2 BED APARTMENTS)

11/0974 ERECTION OF 9NO. TWO BEDROOM APARTMENTS Refused (AMENDMENT TO APPROVAL 08/1386) 13/0642 ERECTION OF 9NO. TWO BEDROOM APARTMENTS Granted with (RESUBMISSION FOLLOWING REFUSAL OF PLANNING Conditions APPLICATION 11/0974)

5. ASSESSMENT 5.1 This application seeks the discharge of Condition 08 (Wheel Wash) of permission 13/0642 for a residential development of 9 apartments on the Underwood estate. The condition reads as follows:

“Prior to the works commencing on site, details of wheel washing facilities shall be submitted to and agreed in writing with the Local Planning Authority. These facilities shall be operated accordingly during the duration of development works. Reason: In the interests of highway safety and residential amenity”.

5.2 The applicant has submitted details of the proposed wheel washing facilities. Vehicles would be washed down prior to leaving the site and water would run off into hardcore. The Head of Streetscene and City Services has not raised any concerns with the proposals and therefore sufficient information has been provided to partially discharge the condition.

7. CONCLUSION 7.1 Sufficient details have been submitted to partially discharge the condition.

10. DECISION:

APPROVED

NOTE TO APPLICANT

01 This decision relates to the following plans and documents: Wheel Washing Plan

02 The development plan for Newport is the Newport Local Development Plan 2011-26 (Adopted January 2015). No policies were relevant to the determination of this application.

APPLICATION DETAILS

No: 11 15/0135 Ward: LLANWERN

Type: DISCHARGE CONDITIONS

Expiry Date: 30-MAR-2015

Applicant: S. LANE

Site: LAND ADJACENT TO AND SOUTH OF 23, WILLOW DRIVE, LLANMARTIN, NEWPORT

Proposal: PARTIAL DISCHARGE OF CONDITION 9 (BIN STORAGE) OF PERMISSION 13/0642 FOR THE ERECTION OF 9NO. TWO BEDROOM APARTMENTS (RESUBMISSION FOLLOWING REFUSAL OF PLANNING APPLICATION 11/0974)

DECISION: APPROVED

1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): The proposed bin store is a considerable distance from the adopted highway however the applicant has shown that a temporary muster point will be used on collection days- therefore no objection.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY 05/0406 RESIDENTIAL DEVELOPMENT (OUTLINE) Granted with Conditions

07/0135 ERECTION OF 6NO. TWO BEDROOM APARMENTS Granted with Conditions

08/1386 ERECTION OF 8NO. RESIDENTIAL UNITS (AMENDMENT Granted with TO PLANNING PERMISSION 07/0135 FOR THE Conditions ERECTION OF 6NO. 2 BED APARTMENTS)

11/0974 ERECTION OF 9NO. TWO BEDROOM APARTMENTS Refused (AMENDMENT TO APPROVAL 08/1386)

13/0642 ERECTION OF 9NO. TWO BEDROOM APARTMENTS Granted with (RESUBMISSION FOLLOWING REFUSAL OF PLANNING Conditions APPLICATION 11/0974)

5. ASSESSMENT 5.1 This application seeks the discharge of Condition 09 (Bin Storage) of permission 13/0642 for a residential development of 9 apartments on the Underwood estate. The condition reads as follows:

“Prior to the commencement of the use hereby approved full details of the bin storage, to include elevations and finish detail together with a suitable muster point to indicate where bins will be collected from by refuse vehicles, shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be fully implemented as approved and then maintained thereafter in that state. Reason: To ensure adequate bin storage is provided for the site in the interest of visual and residential amenity”.

5.2 The applicant has submitted details of the proposed bin storage. The bins will be housed in a wooden box shaped structure located to the south of the apartment block. A muster point will be located adjacent to the entrance to the site. The Head of Streetscene and City Services has no objection to the proposals and the bin store is considered acceptable on visual amenity grounds due to its fairly discreet location. The Condition can therefore be partially discharged.

7. CONCLUSION 7.1 Sufficient details have been submitted to partially discharge the condition.

11. DECISION:

APPROVED

NOTE TO APPLICANT

01 This decision relates to the following plans and documents: Plan of bin store and muster point/ photograph of bin store.

02 The development plan for Newport is the Newport Local Development Plan 2011-26 (Adopted January 2015). No policies were relevant to the determination of this application.

APPLICATION DETAILS

No: 12 15/0136 Ward: LLANWERN

Type: DISCHARGE CONDITIONS

Expiry Date: 30-MAR-2015

Applicant: S. LANE

Site: LAND ADJACENT TO AND SOUTH OF 23, WILLOW DRIVE, LLANMARTIN, NEWPORT

Proposal: PARTIAL DISCHARGE OF CONDITION 10 (LANDSCAPING) OF PERMISSION 13/0642 FOR THE ERECTION OF 9NO. TWO BEDROOM APARTMENTS (RESUBMISSION FOLLOWING REFUSAL OF PLANNING APPLICATION 11/0974)

DECISION: APPROVED

1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (LANDSCAPE OFFICER): No objection.

2.2 HEAD OF STREETSCENE AND CITY SERVICES (TREE OFFICER): No objection.

2.3 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection.

3. REPRESENTATIONS 3.1 COUNCILLOR KELLAWAY: Asks that Officers investigate with the applicant the nature of access and challenge the behaviour of the developer as several residents have raised concerns regarding the use of pavements for lorries and the danger to pedestrians.

4. RELEVANT SITE HISTORY 05/0406 RESIDENTIAL DEVELOPMENT (OUTLINE) Granted with Conditions

07/0135 ERECTION OF 6NO. TWO BEDROOM APARMENTS Granted with Conditions

08/1386 ERECTION OF 8NO. RESIDENTIAL UNITS (AMENDMENT Granted with TO PLANNING PERMISSION 07/0135 FOR THE Conditions ERECTION OF 6NO. 2 BED APARTMENTS)

11/0974 ERECTION OF 9NO. TWO BEDROOM APARTMENTS Refused (AMENDMENT TO APPROVAL 08/1386)

13/0642 ERECTION OF 9NO. TWO BEDROOM APARTMENTS Granted with (RESUBMISSION FOLLOWING REFUSAL OF PLANNING Conditions APPLICATION 11/0974)

5. ASSESSMENT 5.1 This application seeks the discharge of Condition 10 (Landscaping) of permission 13/0642 for a residential development of 9 apartments on the Underwood estate. The condition reads as follows:

“Before the development, other than demolition, is commenced, written approval of the Local Planning Authority is required to a scheme of landscaping and tree planting for the site (indicating the number, species, heights on planting and positions of all trees and shrubs). The approved scheme shall be carried out in its entirety by a date not later than the end of the full planting season immediately following the completion of that development. Thereafter, the trees and shrubs shall be maintained for a period of 5 years from the date of planting in accordance with an agreed management schedule. Any trees or shrubs which die or are damaged shall be replaced and maintained until satisfactorily established. For the purposes of this condition, a full planting season shall mean the period from October to April. Reason: To safeguard the rights of control of the Local Planning Authority in these respects and to ensure that the site is landscaped in a satisfactory manner”.

5.2 The applicant has submitted details of the proposed landscaping scheme which will include tree planting to the northern and southern boundaries of the site. The proposals have not received any objections from the Landscape Officer or Tree Officer and therefore the scheme is considered acceptable and the Condition can be discharged.

5.3 Whilst Councillor Kellaway’s concerns regarding construction vehicles causing obstructions are noted they are not relevant to this particular application as they do not relate to landscaping. Problems arising during the construction period are anyway not a material planning consideration and therefore do not fall within the remit of the Local Planning Authority to resolve.

7. CONCLUSION 7.1 Sufficient details have been submitted to partially discharge the condition.

12. DECISION:

APPROVED

NOTE TO APPLICANT

01 This decision relates to the following plans and documents: Landscaping Plan.

02 The development plan for Newport is the Newport Local Development Plan 2011-26 (Adopted January 2015). No policies were relevant to the determination of this application.

APPLICATION DETAILS

No: 13 14/1284 Ward: MARSHFIELD

Type: ADVERT CONSENT

Expiry Date: 09-MAR-2015

Applicant: SIMON LANCASTER, WHITBREAD PLC

Site: COACH AND HORSES, NEWPORT ROAD, CARDIFF, CF3 2UQ

Proposal: INSTALLATION OF FIVE FREESTANDING SIGNS

DECISION GRANTED WITH CONDITIONS

1. CONSULTATIONS 1.1 No external consultations

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREET SCENE AND CITY SERVICES (HIGHWAYS): No objection

2.2 HISTORIC BUILDINGS CONSERVATION OFFICER: Through positive negotiation the proposals to such a prominently sited inn are considered appropriate. They maintain the current scale and level of impact from the existing signage. The materials, colouring and lighting schemes have been designed for that it is considered that they will not have a detrimental impact on the character of this listed building.

3. REPRESENTATIONS 3.1 No representations received

4. RELEVANT SITE HISTORY

13/0296 Replace timber windows with uPVC Granted with conditions

13/0297 Listed Building Consent to replace Withdrawn timber windows with uPVC

14/1129 Listed Building Consent to redecorate Granted With Conditions the external building elevations and provide new picket fence in front of main restaurant entrance.

15/0005 Proposed replacement signs Referred to Cadw with a recommendation to permit

5. ASSESSMENT 5.1 This application as originally submitted sought advertisement consent for the installation of three illuminated elevational and five freestanding signs at the Coach and Horses, Newport Road, Castleton. However, due to time constraints the applicant requires a decision on the advertisements that do not require Listed Building Consent and has subsequently omitted the signs that are physically attached to the building from this proposal. This application solely relates the provision of five freestanding signs.

5.2 The Coach and Horses is a Grade II Listed Building fronting the A48. The building is listed as a prominently sited Inn of 18th Century origin. A Premier Inn is located to the rear of the Public House.

5.3 Along the frontage of the site two replacement freestanding signs are proposed. The first will replace an existing corex display adjacent to the main vehicular access into the site. The display panel will measure 1.85m by 1.23m and will be lit by illuminated pelmet lighting. The second replacement sign relates to a freestanding totem sign that will have a height of 5.0m. A 1.5m by 1.5m timber plank panel with the Beefeater and associated cow logo will be secured to the pole. The sign will be illuminated by pelmet lighting.

5.4 The remaining freestanding signs are sited around the periphery of the car park serving the Public House. A 1.2m wide free standing directional sign with a combination Beefeater and Premier Inn panel is proposed to the northern edge of the car park. At the north eastern edge of the car park a Beefeater directional sign set on an 800mm by 800mm panel is proposed. The final sign is sited within the grass verge at the rear of the Public House. This sign is a 1.2m high directional sign identifying the main entrance and the panel itself will measure 800mm by 400mm.

5.5 Policies SP9 (Conservation of the Natural, Historic and Built Environment) and GP2 (General Amenity) of the Newport Local Development Plan 2011-2026 are relevant to the determination of this application. Policy SP9 states that the conservation, enhancement and management of recognised sites within the natural, historic and built environment will be sought in all proposals. Policy GP2 (General Amenity) of the LDP is relevant to the determination of this application. This policy states that development will be permitted where the proposed use and form of development will not be detrimental to the visual amenities of nearby occupiers or the character or appearance of the surrounding area.

5.6 When viewing the signage from the highway it is also viewed against the backdrop of the car park and modern Premier Inn Hotel building. The proposed signage is considered to be of an appropriate scale and good quality design. Overall, it is considered that the signage does not materially impact on the setting of the Grade Il Listed Building or the character of the street scene.

5.7 Planning Policy Wales Edition 7 allows Local Planning Authorities to control advertisements in the interests of public safety and amenity. The tests in considering an advertisement’s impact of public safety are whether the advertisement itself, or location proposed for its display, is likely to be distracting or confusing that it creates a hazard to, or endangers, people in the vicinity who are taking reasonable care for their own or others’ safety. In this case the Head of Streetscene and City Service (Highways) is satisfied that the adverts would not have any detrimental impact on the safety of users of the road and therefore the adverts are considered acceptable on public safety grounds.

7. CONCLUSION 7.1 The proposed signage is considered to be acceptable and in accordance with policy SP9 and GP2 of the LDP. Advertisement consent is granted subject to the following conditions.

8. DECISION

GRANTED WITH CONDITIONS

01 The development shall be implemented in accordance with the following plans and documents: Site Plan - Proposed signs, A, B, E, F and G only Plan Pack – Beefeater Magpie Re-Brand – Proposed signs A, B, E, F and G only Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2 and SP9 were relevant to the determination of this application.

APPLICATION DETAILS

No: 14 15/0005 Ward: MARSHFIELD

Type: LISTED BUILDING

Expiry Date: 17-MAR-2015

Applicant: SIMON LANCASTER, WHITBREAD PLC

Site: COACH AND HORSES, NEWPORT ROAD, CARDIFF, CF3 2UQ

Proposal: LISTED BUILDING CONSENT FOR THE PROVISION OF THREE REPLACEMENT SIGNS

DECISION: REFER TO CADW WITH RECOMMENDATION TO GRANT

1. CONSULTATIONS

1.1 ANCIENT MONUMENT SOCIETY- No Response

1.2 CBA WALES HISTORIC BUILDINGS – No Response

1.3 GEORGIAN GROUP- No Response

1.4 THE ROYAL COMMISSION – No Response

1.5 SOCIETY FOR THE PROTECTION OF ANCIENT BUILDINGS – No Response

1.6 TWENTIETH CENTURY SOCIETY – No Response

1.7 VICTORIAN SOCIETY - No Response

2. INTERNAL COUNCIL ADVICE 2.1 No relevant internal consultation

3. REPRESENTATIONS 3.1 The application was advertised by way of a site notice and press notice. No responses received.

4. RELEVANT SITE HISTORY

Planning Description Decision Application Ref

14/1129 Listed Building Consent to redecorate Granted With Conditions the external building elevations and provide new picket fence in front of main restaurant entrance.

5. ASSESSMENT 5.1 Listed Building Consent is sought for the provision of three replacement signs.

5.2 The Coach and Horses is a Grade II Listed Building fronting the A48. The building is listed as a prominently sited Inn of 18th Century origin.

5.3 Policy SP9 of the adopted Local Development Plan (2011-2026) states that ‘The conservation, enhancement and management of recognised sites within the natural, historic and built environment will be sought in all proposals.’ Planning Policy Wales is also clear that in a case such as this ‘the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses.’

5.4 The proposal impacts on three elevations the assessment for each elevation is set out below. The proposal has been through a number of iterations and through positive negotiations the current application has resulted in an appropriate scheme.

The Front Elevation:

5.5 The proposal seeks the replacement of the current pub signage “Coach & Horses” on the front elevation with an updated version of the sign. The name of the inn is historic and is considered a significant part of the sites identity and character. The proposal would update the existing sign but remain at the same scale, colouring and lighting regime as currently exists. The current signage is lit and as such the concept of illumination has been accepted.

5.6 It is considered that the signage and lighting proposed to the front elevation is such that the design and scale is acceptable and will not be detrimental to the character or significance of the listed building.

5.7 In addition at the front elevation, the proposal is to remove three signs from the front elevation, referenced R6, R7 and R8 within the Vado Associates document, from the front elevation. These are unauthorised signs whose removal would be supported. In the particular case of R8 it is crucial that the continuation of the painted rendered finish is provided upon removal.

The South West Side Elevation:

5.8 This is a particularly key elevation when travelling from West to East on the A48; it is unscreened and the impact of the gable end is significant. The proposal is to replace the signage currently bearing the name of the inn with a replacement ‘Beefeater’ sign and an image of a cow, which is the new corporate image for the company. The size of the sign is in proportion to the existing sign and is lit. The current signage is also lit and as such the concept of illumination has been accepted. The impact from the lighting mechanism is reduced due to the use of a colouring to match the gable end, thereby reducing its overall impact.

5.10 It is useful to note that there was a colour change approved to the gable end through the listed building application 14/1129. The proposed colour was RAL 7043 – Traffic Grey and was not considered to be detrimental and now has consent. Through correspondence with the agent it was confirmed that this part of the permission would not be implemented and the colour of the gable end is London Stone. This is only of relevant here because of the impact of the colour choice to the signage, i.e. the use of black lettering on the stone colour rather than white on the grey colouring.

5.11 It is considered that the signage and lighting proposed to the side elevation is such that the design and scale is acceptable and will not be detrimental to the character or significance of the listed building. The proposal continues a level of signage which is not overbearing or out of character for a public house and is therefore considered appropriate.

The Porch area at the Rear Elevation:

5.12 The proposal here is to replace the signage around the porch area. The porch area is a modern addition to the original building. The proposal will result in an enhancement to modern additions to the building by simplifying and refreshing the existing signage. The proposed addition of vinyl to the glass doors are not deemed inappropriate as the doors are modern and this addition will not have a detrimental impact. Therefore there is no objection to these proposals to the porch area.

5.13 Other proposals: The supporting information of the proposal identifies that a number of signs, their references E, Pl, R2, F, R9, R10 and R5, that are to be removed from the site. These signs are not located on the listed building and therefore consent is not required. However, their removal is welcomed because this will only serve to enhance the setting of the listed building.

7. CONCLUSION 7.1 Through positive negotiation the proposals to such a prominently sited inn are considered appropriate. They maintain the current scale and level of impact from the existing signage. The materials, colouring and lighting schemes have been designed for that it is considered that they will not have a detrimental impact on the character of this listed building.

8. DECISION

REFER TO CADW WITH RECOMMENDATION TO GRANT

01 The development shall be implemented in accordance with the following plans and documents

Site Plan Design and Access Statement Plan Pack: Beefeater Magpie Re Brand, Version 3 Email Correspondence Received from Agent 11/3/15 Ecolux II lighting detail information Swan-neck Cowl Backlight detail information Ref 14DBeefeater Menu Case Sheets 1/2 & 2/2 Ref 15B Flat Cow 3D detail

Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

NOTE TO APPLICANT

01 Section 16(2) of the Town and Country Planning (Listed Building and Conservation Areas) Act 1990 was relevant to the determination of this application.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policy SP9 is relevant to the determination of this application.

APPLICATION DETAILS

No: 15 15/0114 Ward: MARSHFIELD

Type: TELECOM DETERMINATION

Expiry Date: 22-MAR-2015

Applicant: BT PLC

Site: LAND AT JUNCTION OF MARSHFIELD ROAD AND COAST ROAD, ST BRIDES WENTLOOGE, NEWPORT

Proposal: PRIOR NOTIFICATION FOR THE INSTALLATION OF A BROADBAND CABINET

DECISION PRIOR APPROVAL REQUIRED AND GRANTED WITH CONDITIONS

1. CONSULTATIONS 1.1.1 NATURAL RESOURCES WALES: The proposed application lies within the Gwent Levels: St Brides SSSI. The SSSI is notified for its range of aquatic plants and invertebrates associated with the reens and ditches of the drainage system. Should planning permission be granted we would wish to be assured that the relevant guidelines, provided in Chapter 6 of our booklet ‘Nature Conservation and Physical Development on the Gwent Levels’ were applied to the development as far as possible, especially those affecting water quality and quantity entering the SSSI.

1.1.2 In cases like this we would recommend the following issues are addressed by conditions attached to any permission:

Buffer Zones We recommend that any reens located adjacent to the development works are protected by a buffer zone of 12.5 metres and field ditches are protected by a buffer zone of 7 metres either side of the watercourse. There should be no dumping, storage or spreading of materials within 12.5 metres of a reen and 7 metres of the ditch during construction or operation in order to safeguard the special interests of the SSSI. [NRW have clarified that the adjacent watercourse is a field ditch].

Water Quality & Quantity We would wish to be assured that only water of appropriate quality and quantity is discharged to the watercourses of the SSSI, during both construction and operation. Please see guidelines 6.2.1.c, 6.2.1.g and 6.3.2 for further information. Any water discharged to the drainage system shall be of a quality compatible with the Gwent Levels SSSI and should be discharged at a greenfield run-off rate.

1.2.1 GLAMORGAN GWENT ARCHAEOLOGICAL TRUST (GGAT): The proposals will require archaeological mitigation. The application area is situated at the junction of Marshfield Road and the B4239 at a point where the road crosses the head of a former pill. Within 60 m of the site deposits of wet wood have been found during reen dredging operations which are thought to be the remains of medieval wharves. The existing reens and drains that surround the road junction are the residual evidence of the pill at this point and it is feasible that further evidence of the wharves may exist here.

1.2.2 The development area also falls within an area that is within the Archaeologically Sensitive Area of Newport and within the Registered Historic Landscape of the Gwent Levels: Character Area 16, Western St Brides, which is described as having a simple landscape, laid out within a framework of elements surviving from the Roman landscape. Previous archaeological work has shown the survival of significant archaeological material in similar areas. As the current proposal includes work close to the water course and will include ground works to bring cabling to the cabinet, we recommend that all groundwork is done under archaeological supervision and therefore a condition for a watching brief is applied to this application.

1.3 CALDICOT AND WENTLOOGE LEVELS INLAND DRAINAGE BOARD: No response.

2. INTERNAL COUNCIL ADVICE 2.1 PUBLIC PROTECTION MANAGER: No objection.

2.2 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection.

2.3 HEAD OF STREETSCENE AND CITY SERVICES (ECOLOGY OFFICER): The application falls within the Gwent Levels SSSI boundary which has been designated for its unique assemblages of aquatic flora and fauna. However, given the nature of the proposed works this is unlikely to have an adverse effect on the conservation status of the Gwent levels. Therefore I do not object to the application.

3. REPRESENTATIONS 3.1 NEIGHBOURS: None

3.2 SITE NOTICE: Posted 5TH February 2015.

3.3 WENTLOOGE COMMUNITY COUNCIL: No response.

4. RELEVANT SITE HISTORY 4.1 None

5. ASSESSMENT 5.1 This application seeks to determine whether the Local Planning Authority’s prior approval is required for the siting and design of a broadband cabinet. It is proposed that the cabinet would be sited at the junction of Marshfield Road and Coast Road, near to existing telecommunications apparatus.

5.2 The location of the proposed cabinet falls within the Gwent Levels Site of Special Scientific Interest (SSSI), therefore requiring the submission of this application. The steel cabinet would be 1.3m tall, 0.8m wide and 0.45m in depth, finished in green and placed on a concrete base.

5.3 It is considered that the design of the proposed cabinet would be acceptable in this instance. It has been coloured green in an attempt to reduce its obtrusiveness and also adjacent to hedgerow, therefore not having a harmful impact on the openness of the area.

5.4 However, the proposed cabinet would be sited in an Archaeologically Sensitive Area. As a result, and as stated in their consultation response above, GGAT recommend that ground work is done in the presence of a qualified archaeologist so that an archaeological watching brief can be conducted. In addition, the siting of the cabinet would be adjacent to a field ditch which forms a part of the SSSI. Natural Resources Wales therefore require reassurance that the development will take place without detrimental impact on the SSSI, which can be controlled by buffer zones.

5.5 As a result of the above, it is concluded that the prior approval of the Local Planning Authority would be required for the siting of the proposed broadband cabinet, in the interests of the SSSI and the archaeological resource. Otherwise, it is considered that the siting of the cabinet would be acceptable and that suitable controls can be employed via conditions. As such, it is considered appropriate to grant prior approval subject to conditions.

7. CONCLUSION 7.1 Prior approval is required and granted with conditions.

8. DECISION

PRIOR APPROVAL REQUIRED AND GRANTED WITH CONDITIONS

Pre-commencement conditions

01 The developer shall ensure that a suitably qualified archaeologist is present during the undertaking of any ground disturbing works in the development area, so that an archaeological watching brief can be conducted. The archaeological watching brief shall be undertaken to the standards of the Institute for Archaeologists. The Local Planning Authority shall be informed, in writing, at least two weeks prior to the commencement of the development of the name of the said archaeologist and no work shall begin until the Local Planning Authority has confirmed, in writing, that the proposed archaeologist is suitable. A copy of the watching brief report shall be submitted to the Local Planning Authority within two months of the fieldwork being completed by the archaeologist. Reason: To identify and record any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource.

02 No development, to include demolition, shall commence until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Local Planning Authority. The CEMP shall include details of the following during development: - details of pollution prevention measures, including 7m buffer zones to the adjacent field ditch. Development works shall be implemented in accordance with the approved CEMP. Reason: In the interest of safeguarding the features of Gwent Levels SSSI.

NOTE TO APPLICANT

01 This decision relates to plan Nos: Huawei 96 cabinet details, hardstanding in grass verges plan, Site Location Plan and photomontage, layout plan and developer’s notice.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application.

03 The proposed development (including any demolition) has been screened under the environmental impact assessment regulations and it is considered that an environmental statement is not required. ______APPLICATION DETAILS

No: 16 15/0221 Ward: PILLGWENLLY

Type: NON-MATERIAL AMENDMENT

Expiry Date: 24-MAR-2015

Applicant: PILLGWENLLY MILLENIUM TRUST

Site: PILLGWENLLY MILLENNIUM CENTRE, COURTYBELLA TERRACE, NEWPORT, NP20 2GH

Proposal: NON-MATERIAL AMENDMENT FOR CHANGE OF SHUTTER COLOUR AND REDUCTION IN WINDOW SIZE (AMENDMENT TO PLANNING PERMISSION 14/0884).

DECISION APPROVED WITH CONDITIONS

1. CONSULTATIONS 1.1 No external consultation was undertaken.

2. INTERNAL COUNCIL ADVICE 2.1 No internal Council advice was sought.

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY 14/0884 CONSTRUCTION OF FRONT EXTENSION AND INTERNAL Granted with ALTERATIONS TO FORM KITCHEN AND CAFE AREA; Conditions ENTRANCE CANOPY; THE FORMATION OF 2NO. NEW FIRST FLOOR WINDOWS TO FRONT ELEVATION OFFICE AREAS AND ASSOCIATED EXTERNAL WORKS

5. ASSESSMENT 5.1 This application seeks a non-material amendment to planning permission 14/0884 (referenced above) relating to Pillgwenlly Millennium Centre, Courtybella Terrace, Newport.

5.2 Planning permission was granted for the construction of a front extension and various other alterations to the property. This application seeks to amend the colour of the roller shutters and reduce the width of a side elevation window. Green roller shutters were approved as part of the original application, although it is now proposed to amend this to a slate grey. The approved extension has a full height side elevation window which measures 1.95m in width. It is proposed to reduce this width by 0.45m to allow for the retention of a supporting column.

5.3 Section 96A of the Town and Country Planning Act 1990 allows a non-material amendment to be made to an existing planning permission. Whilst there is no statutory definition of a ‘non-material amendment’, the Authority must consider; 1. the scale of the proposed changes and whether they are great enough to cause an impact different to that caused by the original approved development, and whether that change would have a detrimental impact either visually or in terms of local amenity; 2. whether any third party or body would be disadvantaged in planning terms; 3. if the proposed change conflicts with national or development plans policies.

5.4 The proposed changes to the colour of the shutters and the minor reduction in the width of the window are not considered to cause an impact different to the originally approved scheme and neither is it considered that they would result in a detrimental impact in visually or in terms of amenity. There is not considered to be any adverse effect on any third parties or bodies as a result of the changes, nor is it considered to be contrary to national or local policies.

7. CONCLUSION 7.1 It is concluded that the proposed amendments are non-material. This application is therefore approved with conditions.

8. DECISION

APPROVED WITH CONDITIONS

01 The development shall be implemented in accordance with the following plans and documents; C085/009 rev.D, C085/010 rev.C and C085/015 rev.A. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application.

02 The decision notice to this application should be read in conjunction with that for planning permission 14/0884 since the conditions of that permission are still relevant to the development proposed under this application.

APPLICATION DETAILS

No:17 15/0086 Ward: RINGLAND

Type: RENEWALS AND VARIATION OF CONDITIONS

Expiry Date: 19-MAR-2015

Applicant: KATHERINE WATKINS

Site: GROVE COTTAGE, CHEPSTOW ROAD, NEWPORT, NP19 9EZ

Proposal: REMOVAL OF CONDITIONS 10, 11 AND 12 (CODE FOR SUSTAINABLE HOMES) OF PERMISSION 11/0497 FOR THE ERECTION OF 2NO. DETACHED DWELLINGS IN PLACE OF COLLAPSED HOUSE (AMENDMENT TO PLANNING APPLICATION 10/0641 FOR ERECTION OF TWO SEMI DETACHED DWELLINGS)

DECISION GRANTED WITH CONDITIONS

1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 None

3. REPRESENTATIONS 3.1 NEIGHBOURS: None

4. RELEVANT SITE HISTORY

14/0497 THE ERECTION OF 2NO. DETACHED DWELLINGS IN GRANTED WITH PLACE OF COLLAPSED HOUSE (AMENDMENT TO CONDITIONS PLANNING APPLICATION 10/0641 FOR ERECTION OF TWO SEMI DETACHED DWELLINGS)

5. ASSESSMENT 5.1 This application seeks to remove conditions 10, 11 and 12 (code for sustainable homes) of planning permission 11/0497 for the erection of 2no. detached dwellings in place of collapsed house (amendment to planning application 10/0641 for erection of two semi- detached dwellings) at Grove Cottage, Chepstow Road in the Ringland Ward.

5.2 Conditions 10, 11 and 12 of planning permission 11/0497 read as follows:

“10. The dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve 1 credit under Category Ene1 in accordance with the requirements of Code for Sustainable Homes: Technical Guide Manual Version 3. Reason: In the interests of securing sustainable development.”

“11. No development shall begin until details of a 'Design Stage' assessment and related certification have been submitted to and approved in writing by the Local Planning Authority to demonstrate that each dwelling hereby approved will achieve a minimum Code for Sustainable Homes Level 3 and achieve 1 credit under category Ene1 in accordance with the requirements of Code for Sustainable Homes: Technical Guide Manual Version 3. The development shall be carried out entirely in accordance with the approved assessment and certification unless the Local Planning Authority shall otherwise consent in writing. Reason: In the interests of securing sustainable development.”

“12. The dwelling shall be occupied until a Code for Sustainable Homes ‘Post Construction Stage’ assessment has been carried out in relation to it, a Final Code Certificate has been issued for it certifying that Code Level 3 and 1 credit under Ene1 have been achieved and the Certificate has been submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of securing sustainable development.”

5.3 The conditions were imposed as Technical Advice Note (TAN) 22 at the time of the planning decision required all new dwellings to meet a minimum of Code for Sustainable Homes Level 3. TAN 22 has since been cancelled (July 2014) and the requirements for new dwellings to meet Code 3 have been removed. Part L of Building Regulations has been amended to effectively replace the requirements of the Code for Sustainable Homes and as the properties have not yet been constructed it is considered that they will need to meet the requirements of the amended Part L Building Regulations so they will still have to be constructed to meet certain sustainability requirements.

5.4 The development is also now assessed under the adopted policies of the Newport Local Development Plan 2011-2026 (adopted January 2015). There have been no significant changes to the previously relevant Unitary Development Plan policies that would prevent the removal of conditions 10, 11 and 12 of planning permission 11/0497 and it is considered that the development would remain in accordance with the relevant development plan policies.

5.5 As such it is considered that the removal of the conditions would not have a material effect on the development as there would be no longer a policy requirement and the properties would be constructed to meet sustainability requirements under the amended Part L Building Regulations. Overall it is considered that the proposed removal of the conditions is acceptable.

7. CONCLUSION 7.1 The proposed removal of conditions 10, 11 and 12 of planning permission 11/0497 is considered acceptable and planning permission is granted subject to the following conditions.

8. DECISION

GRANTED WITH CONDITIONS

01 The development shall be implemented in accordance with the following plans and documents: KW 02/02B, KW02/03, 02/04B, 02/06A, the site location plan. Reason: In the interests of clarity and to ensure the development complies with the submitted plans and documents on which this decision was based.

Pre- commencement conditions

02 Prior to the commencement of any work on site, including site clearance and preparation, a Construction Management Plan (CMP) shall be submitted to and approved in writing by the Local Planning Authority. The CMP shall be implemented in accordance with the approved details. The CMP is to include details such as wheel wash, delivery times and contractor parking areas. Reason: In the interests of highway safety.

Pre –occupation conditions

03 No dwelling shall be occupied until the parking and turning facilities serving that dwelling (as shown on the approved plans) have been provided and made available for use. These areas shall be kept available for such use at all times and shall not be used for the storage or parking of caravans, trailers, boats and other such items. Reason: To ensure that adequate parking provision is made on site in the interests of highway safety and residential amenities.

04 Prior to the first occupation of the dwellings hereby approved the boundary enclosures shall be fully constructed in accordance with the details approved under discharge of condition permission 15/0100 and shall be retained in that state thereafter. Reason: In the interest of visual amenity and residential amenity.

05 Prior to the first occupation of the dwellings hereby approved the foul and surface water drainage systems shall be fully constructed in accordance with the details approved under discharge of condition permission 15/0099 and shall be retained in that manner thereafter. Reason: To ensure adequate drainage is provided.

General conditions

06 The approved scheme shall be constructed fully in accordance with the details of materials and finishes as approved under discharge of condition permission 15/0087 and shall be retained in that state thereafter. Reason: To ensure that the development is completed in a manner compatible with its surroundings.

07 The approved scheme shall be constructed fully in accordance with the details of the slab and site levels as approved under discharge of condition permission 15/0101 and shall be retained in that state thereafter. Reason: In the interests of visual and residential amenities.

08 No additional windows or openings shall be formed in the eastern or western (side) elevation of any dwelling without the prior written consent of the Local Planning Authority. Reason: To protect the privacy of adjoining occupiers.

NOTE TO APPLICANT

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application.

______APPLICATION DETAILS

No: 18 15/0098 Ward: RINGLAND

Type: DISCHARGE CONDITIONS

Expiry Date: 19-MAR-2015

Applicant: MRS KATHERINE WATKINS

Site: GROVE COTTAGE, CHEPSTOW ROAD, NEWPORT, NP19 9EZ

Proposal: PARTIAL DISCHARGE OF CONDITION 9 (CEMP) OF PLANNING PERMISSION 11/0497 FOR THE ERECTION OF 2NO. DETACHED DWELLINGS IN PLACE OF COLLAPSED HOUSE (AMENDMENT TO PLANNING APPLICATION 10/0641 FOR ERECTION OF TWO SEMI DETACHED DWELLINGS).

DECISION REFUSED

1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF LAW AND REGULATION (POLLUTION): No objection.

2.2 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): Initially requested details of contractor parking and following the submission of a plan and details no further comments have been made.

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY

11/0497 ERECTION OF 2NO. DETACHED DWELLINGS IN GRANTED WITH PLACE OF COLLAPSED HOUSE (AMENDMENT TO CONDITIONS PLANNING APPLICATION 10/0641 FOR ERECTION OF TWO SEMI DETACHED DWELLINGS)

5. ASSESSMENT 5.1 This application seeks to partially discharge condition 09 (Construction Environment Management Plan) of planning permission 11/0497 for the erection of 2no. detached dwellings in place of collapsed house (amendment to planning application 10/0641 for erection of two semi-detached dwellings) at Grove Cottage, Chepstow Road in the Ringland Ward.

5.2 Condition 09 of permission 11/0497 states that:

“Prior to the commencement of any work on site, including site clearance and preparation, a Construction Management Plan (CMP) shall be submitted to and approved in writing by the Local Planning Authority. The CMP shall be implemented in accordance with the approved details. The CMP is to include details such as wheel wash, delivery times and contractor parking areas. Reason: In the interests of highway safety.”

5.3 Details have been submitted stating that construction work on site will be limited to 8am to 4pm. Dust suppression measures will be employed when cutting is taking place, such as dampening, wetting and screening. Strip foundations will be used to minimise vibrations during construction and no large plant or breakers will be used. Since the site was formerly a residential property it is not thought that any ecology would be harmed. The Head of Law and Regulation (Pollution) has offered no objection to the CEMP details.

5.4 Deliveries will take place to the existing site access (from Chepstow Road). Initially no details of contractor parking were submitted, but following a request from the Head of Streetscene and City Services (Highways) an amended plan and CEMP was submitted. Contractor parking, loading and unloading of deliveries and material storage shall be within an area of adjoining land to the south of the application site that is under the ownership of the applicant. The Head of Streetscene and City Services (Highways) supports the location of the contractor parking area, but no details of the proposed surfacing for the parking area have been submitted. Currently the area is grass with no hard standing which is unlikely to be suitable especially during inclement weather. No details of any proposed wheel-washing measures have been submitted so it appears at this stage that there is a high possibility of mud egressing onto the highway without additional management.

5.5 The Head of Streetscene and City Services has raised several concerns with regards to the potential impact on the public highway during the construction period. Particular concern is raised over the use of the existing access at Chepstow Road. Insufficient details have been submitted to state how large delivery and construction vehicles will be managed if they are required to use the Chepstow Road access. It is highly unlikely that large vehicles will be able to turn within the site so they will either be forced to reverse into the access from Chepstow Road (in order to be able to leave in a forward gear) or reverse onto Chepstow Road existing the site. This would cause traffic disruption on a busy main road and without adequate management would be unacceptable and detrimental to highway safety. Furthermore there is a general concern that the access is not wide enough to accommodate large vehicles and the surface is poor. Within the site there would also be no passing areas to allow access to and from Treberth Cottage to the north. It is possible that the access at William Morris Drive could be utilised, but no details of this have been submitted and further site management would need to be employed to reduce any instances of egress of mud onto the public highway and to minimise disruptions from deliveries. Additional details would need to be submitted if this was to be the case.

5.6 Overall it is considered that the construction is unlikely to cause significant harm to neighbouring amenities and can be managed to reduce any impacts to an acceptable level. However, further details are required to be submitted with regards to delivery arrangements and additional site management as currently it would appear that the construction could have a detrimental impact on highway safety.

7. CONCLUSION 7.1 The details submitted are insufficient and do not currently prove that the construction of the approved dwellings can be adequately managed without resulting in a detrimental and as such condition 09 (Construction Environment Management Plan) of planning permission 11/0497 cannot be discharged and the application is refused.

8. DECISION

REFUSED

01 The details submitted are insufficient and do not currently prove that the construction of planning permission 11/0497 can be adequately managed without resulting in a detrimental impact on highway safety.

NOTE TO APPLICANT

01 This decision relates to plan Nos: KW02/10 – CEMP parking details; Construction Environment Management Plan (Amended Version 3rd March 2015).

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). No policies were relevant to the determination of this application.

APPLICATION DETAILS

No: 19 15/0100 Ward: RINGLAND

Type: DISCHARGE CONDITIONS

Expiry Date: 19-MAR-2015

Applicant: K WATKINS

Site: GROVE COTTAGE, CHEPSTOW ROAD, NEWPORT, NP19 9EZ

Proposal: PARTIAL DISCHARGE OF CONDITION 04 (BOUNDARY TREATMENTS) OF PLANNING PERMISSION 11/0497 FOR ERECTION OF 2NO. DETACHED DWELLINGS IN PLACE OF COLLAPSED HOUSE (AMENDMENT TO PLANNING APPLICATION 10/0641 FOR ERECTION OF TWO SEMI DETACHED DWELLINGS)

DECISION APPROVED

1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No fencing should be installed within two metres of the intersection of the access with the public highway. The dwarf wall is acceptable.

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY

11/0497 ERECTION OF 2NO. DETACHED DWELLINGS IN GRANTED WITH PLACE OF COLLAPSED HOUSE (AMENDMENT TO CONDITIONS PLANNING APPLICATION 10/0641 FOR ERECTION OF TWO SEMI DETACHED DWELLINGS)

5. ASSESSMENT 5.1 This application seeks to partially discharge condition 04 (boundary treatments) of planning permission 11/0497 for erection of 2no. detached dwellings in place of collapsed house (amendment to planning application 10/0641 for erection of two semi-detached dwellings) at Grove Cottage, Chepstow Road in the Ringland Ward.

5.2 Condition 04 of planning permission 11/0497 states that:

“Prior to the commencement of development full details of the boundary treatments shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details prior to first occupation of the dwellings and shall be retained thereafter. Reason: In the interest of visual amenity and residential amenity.”

5.3 A boundary enclosures plan has been submitted showing that an existing block and render wall will be retained along the western intervening boundary with a timber close board fence installed adjacent to the northernmost 13 metres. A 1.8 metre high timber close board fence is proposed to be installed along the eastern intervening boundary (shared with 17 William Morris Drive) and between the two plots. An existing hedge that is in place along the eastern intervening boundary is proposed to be removed. The existing retaining wall will remain along the northern intervening boundary shared with Treberth Cottage. Inside the retaining wall a 1.8 metre high timber close board fence will be installed. Adjacent to the access at the southern intervening boundary of the site shared with the public highway 0.7 metre high dwarf walls are proposed. Closed board timber fencing is proposed to be installed on top of the dwarf wall with 3 metres set back from the public highway.

5.4 Policies GP2 (general amenities) and GP6 (quality of design) of the Newport Local Development Plan (NLDP) 2011-2026 (adopted January 2015) are relevant to the determination of this planning application.

5.5 The proposed boundary enclosures along the northern, western and southern boundaries are considered acceptable as they would be constructed from common materials within built up urban environments and would not look out of place. Furthermore privacy between the two proposed plots would be achieved by the proposed 1.8 metre high fencing between them. The dwarf walls adjacent to the site access would not obscure visibility to and from the public highway and the 3 metre set back of the close board fence would give adequate visibility as vehicles and pedestrians entered and egressed the site. The proposed boundary treatments adjacent to the access are in line with comments made by the Head of Streetscene and City Services (Highways) and are considered acceptable.

5.6 Condition 05 of the original planning permission is also relevant to this application as it stated that:

“The hedge along the eastern boundary with 17 William Morris Drive shall be retained at a height of 2m, unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interest of visual amenity and residential amenity.”

The proposed boundary treatment details include the removal of the hedge protected by condition 05. The officer assessment of the original application did not consider that the hedge should be maintained for visual amenity reasons, but rather for privacy and to reduce any overbearing impact that could be caused to the neighbouring occupiers at 17 William Morris Drive. The existing hedge is currently in a poor state of maintenance and if retained and cut to a height of 2 metres (it is significantly higher at present) it would not form an adequate privacy screen. It is not known what state the hedge was in at the time of the original application, but currently large sections have died and offer little in the way of screening between the properties. The proposed timber fence would form a solid boundary treatment that would adequately act as a privacy screen between 17 William Morris Drive and the adjacent plot and would have a very similar impact to the hedge, if it was cut to a 2 metre height. The garden at William Morris Drive is on a higher ground level than the adjacent housing plot by approximately 2 metres at the highest point and it is not considered that a boundary treatment of higher than 1.8 metres is required to protect privacy.

5.7 If the hedge was removed it is not considered that the impact from the new dwellings on the neighbouring occupiers would be overbearing. As mentioned above 17 William Morris Drive is on a higher ground level and the new dwelling closest to the neighbouring property would be approximately 2 metres to the boundary at the closest point and on a lower level so would not be overbearing. Also as mentioned above a 1.8 metre high fence would offer very similar screening to the neighbouring property to a 2 metre high hedge so in any case the impact from the proposed new dwelling would not be made worse. As such the removal of the hedge and replacement with a timber fence is considered acceptable and the approval of this application agrees in writing that the hedge no longer needs to be retained. Overall it is considered that the proposed boundary treatment details are acceptable and are in accordance with policies GP2 and GP6 of the NLDP.

7. CONCLUSION 7.1 The boundary treatment details are considered acceptable and condition 04 of planning permission 11/0497 can be partially discharged.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: KW 02/09 – Boundary Layout.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2 and GP6 were relevant to the determination of this application.

APPLICATION DETAILS

No: 20 15/0101 Ward: RINGLAND

Type: DISCHARGE CONDITIONS

Expiry Date: 19-MAR-2015

Applicant: KATHERINE WATKINS

Site: GROVE COTTAGE, CHEPSTOW ROAD, NEWPORT, NP19 9EZ

Proposal: PARTIAL DISCHARGE OF CONDITION 07 (SLAB LEVELS) OF PLANNING PERMISSION 11/0497 FOR THE ERECTION OF 2NO. SEMI DETACHED DWELLINGS.

DECISION APPROVED

1. CONSULTATIONS 1.1 None

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): No objection.

3. REPRESENTATIONS 3.1 None

4. RELEVANT SITE HISTORY

11/0497 ERECTION OF 2NO. SEMI DETACHED DWELLINGS GRANTED WITH CONDITIONS

5. ASSESSMENT 5.1 This application seeks to partially discharge condition 07 (slab levels) of planning permission 11/0497 for the erection of 2no. semi-detached dwellings at Grove Cottage, Chepstow Road in the Ringland Ward.

5.2 Condition 07 of permission 11/0497 states that:

“Details and plans showing the finished slab level of the buildings hereby approved, together with cross sections through the site, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any work on site, and the development shall be undertaken in accordance with the approved details. Reason: In the interests of visual and residential amenities.”

5.3 Plans have been submitted showing the proposed ground levels. They are broadly the same as the plans submitted with the original application (ref: 11/0497). The existing site is sloping (towards the south and west) with levels at the northern intervening boundary currently 4 metres higher than the south-western intervening boundary. It is proposed to level the central section of the site and to install the slab levels for the two properties at 104.00 AOD. The rear gardens will remain sloping and raised from the slab level by 1 metre. The gradient of the slope within the gardens shall be slightly reduced to make a more useable amenity space as some infill of material will take place close to the rears of the properties where a 1 metre retaining wall will be constructed with steps accessing up to garden level from slab level. The levels at the south-western area of the site will also be slightly raised in order to achieve level ground from the access at William Morris Drive.

5.4 Policies GP2 (general amenity) and GP6 (quality of design) of the Newport Local Development Plan (NLDP) 2011-2026 (adopted January 2015) is relevant to the determination of this planning application.

5.5 The slab levels will remain on a lower level than the house and garden at 17 William Morris Drive and overall the site levels are not proposed to be significantly altered. As such, it is not considered that there would be any increased impact on neighbouring occupiers in line with the previous officer assessment relating to visual appearance, privacy and overbearing to neighbouring occupiers. The slight alteration to the gradients of the rear gardens will result in more useable private amenity spaces for the occupiers of the property. Overall the submitted details are considered acceptable and are in accordance with policies GP2 and GP6 of the development plan.

7. CONCLUSION 7.1 The submitted site level details are considered acceptable and condition 07 of planning permission 11/0497 can be partially discharged.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: KW 02/01 – Location Plan; KW 01/05 – Section; KW 01/06 – Section Through Site.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policies GP2 and GP6 were relevant to the determination of this application.

APPLICATION DETAILS

No: 21 14/1114 Ward: ROGERSTONE

Type: DISCHARGE CONDITIONS

Expiry Date: 11-JAN-2015

Applicant: ASBRI PLANNING

Site: LAND FORMERLY KNOWN AS 256 TO 260, TREGWILYM ROAD, ROGERSTONE, NEWPORT, NP10 9EQ

Proposal: PARTIAL DISCHARGE OF CONDITION 18 (BIN AND CYCLE STORAGE) OF PLANNING PERMISSION 13/0440 FOR THE DEMOLITION OF EXISTING BUILDINGS AND CONSTRUCTION OF 26NO. RESIDENTIAL DWELLINGS AND ASSOCIATED WORKS

DECISION APPROVED

1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 None.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY

13/1030 PARTIAL DISCHARGE OF CONDITION 18 (BIN AND Approved CYCLE STORE) OF PLANNING PERMISSION 13/0440 FOR THE DEMOLITION OF EXISTING BUILDINGS AND CONSTRUCTION OF 26NO. RESIDENTIAL DWELLINGS AND ASSOCIATED WORKS 13/0440 DEMOLITION OF EXISTING BUILDINGS AND Granted with CONSTRUCTION OF 26NO. RESIDENTIAL DWELLINGS Conditions AND ASSOCIATED WORKS

5. ASSESSMENT 5.1 This application seeks the partial discharge of condition 18 of planning permission 13/0440 for the demolition of existing building and construction of 26no. residential dwellings and associated works at land formerly known at 256-260 Tregwilym Road.

5.2 Condition 18 states; “Prior to the commencement of the use hereby approved full details of the bin and cycle storage, to include elevations and finish detail, shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be fully implemented as approved and then maintained thereafter in that state. Reason: To ensure adequate bin and cycle storage is provided for the site in the interest of visual and residential amenity.”

5.3 The cycle store has been constructed in accordance with the approved details and should be retained as such.

5.4 The constructed bin store does not match the details previously approved under 13/1030 as the store does not include brick pillars and has been constructed from close boarded timber panels. Details have been provided detailing the store as constructed and it is considered that the proposals would not have an unacceptable impact on amenity and it is therefore acceptable to partially discharge this condition.

7. CONCLUSION 7.1 The cycle and bin store details are considered acceptable and therefore it is appropriate to discharge this condition.

8. DECISION

APPROVED

NOTE TO APPLICANT

01 This decision relates to plan Nos: Email regarding discharge of conditions and Revised Bin Store Details.

02 The development plan for Newport is the Newport Local Development Plan 2011-2026 (Adopted January 2015). No policies were relevant to the determination of this application.

APPLICATION DETAILS

No: 22 11/0383 Ward: VICTORIA

Type: FULL

Expiry Date: 13/07/2011

Applicant: LLANHENNOCK INVESTMENTS LTD

Site: SITE OF FLOORS-2-GO PHILLIP STREET NEWPORT SOUTH WALES

Proposal: REDEVELOPMENT OF VACANT RETAIL WAREHOUSE AND ERECTION OF 10NO. DWELLINGS WITH ASSOCIATED CAR PARKING (AMENDMENT TO PLANNING APPLICATION 09/0234)

DECISION: REFUSED

SECOND ADDENDUM This application was last reported to Planning Committee in June 2013 with the first addendum below. The Legal Agreement has not been completed and there appears to be no prospect of it being completed. More than 12 months has elapsed and therefore officers now have delegated powers to refuse permission in accordance with Committee’s resolution. All updates to the original committee report are shown in bold type for clarity sake.

FIRST ADDENDUM This application was reported to Planning Committee on the 08 June 2011 when it was resolved to grant planning permission subject to conditions and a Section 106 Legal Agreement.

Since this time, the terms of the legal agreement have been the subject of negotiations between the Council and the applicant as the applicant challenged the viability of the scheme based on the original Heads of Terms and due to changing market conditions.

Following a financial viability assessment of the development (based upon an “open book” appraisal) it is considered that the development currently has limited financial viability. As such, it is concluded that the requested leisure contribution is overly onerous. Consequently, it is proposed to reduce the planning obligation originally requested by 50%. The 50% reduction is for a limited time period of 3 years. If the development is not substantially completed within three years of the date of signing the legal agreement then the planning obligation requests will be reassessed. As such, subject to substantial completion of the development within three years £28,245.50 is to be paid for leisure purposes prior to occupation of the sixth dwelling.

With regards to Paragraph 7.8 of the original officer report, it is noted that the site remains vacant, occupies a prominent position and is the subject of untidy land complaints. Therefore whilst the site is not identified as a housing site in the UDP, (it is identified as a housing site in the adopted LDP) the re-use of this vacant and unsightly urban site is to be encouraged and the applicants have supported their request for a reduced contribution with information considered as part of the financial viability assessment. This information has only been provided and considered during the interim period since the application was last reported to Committee and demonstrates a lack of financial viability in the project that would prejudice it ever being implemented.

The applicant’s agent has agreed to the revised terms.

1. INTRODUCTION 1.1 This application seeks planning permission to develop 10 residential units on a commercial site abutting the highway known as Wharf Road. These will comprise 4 x 3 bedroom dwellings and 6 x 2 bedroom dwellings with a mix of brick and render finish. The site was last used as a flooring retail outlet and includes a brick finished single storey building and associated yard. Historically, it is believed to have operated as a coal yard. At the time of the officer’s site visit the building was vacant.

1.2 The site is enclosed by a mixture of walling and railings. The site is bounded by a railway line to the north, existing housing to the east, Wharf Road to the west and Phillip Street is south of the site. It is located within the urban area and will benefit from visual improvements. The site was not identified for housing development in the Newport Unitary Development Plan 1996 – 2011 (Adopted May 2006) and therefore represented a windfall site at the time of the Committee resolution. It is identified as a housing site in the adopted LDP.

2. RELEVANT SITE HISTORY 09/0234 Redevelopment of vacant retail warehouse and Granted with erection of 12No. dwellings. Conditions 09/0776 Proposed development of 20 residential flats with Withdrawn associated parking. 10/0997 Partial discharge of Conditions 3 and 4 (noise Withdrawn mitigation) of planning permission for redevelopment of vacant retail warehouse and erection of 12No dwellings. 10/0998 Partial discharge of Condition 02 (site invetigation) of Approved planning permission 09/0234 for redevelopment of vacant retail warehouse and erection of 12No. dwellings. 10/1260 Partial discharge of Conditions 05 (footway) and 14 Approved (vibration mitigation) of planning permission 09/0234 for redevelopment of vacant retail warehouse and erection of 12No. dwellings.

3. POLICY CONTEXT AT TIME OF COMMITTEE RESOLUTION 3.1 Newport Unitary Development Plan (Adopted May 2006) Policy H2 states that within settlement boundaries, proposals for residential use will be permitted subject to specified criteria. Policy SP10 states that housing will be provided on land that is identified as existing commitments. Policy CE30 (Regeneration) encourages urban regeneration schemes and Policy CE36 (Derelict Land) seeks the environmental improvements to land which could otherwise revert to dereliction. Policy CE38 (Quality of Design) states that new residential schemes should make a positive contribution to local character. Policy CE39 states that proposals for new residential development should respect or complement existing surrounding or neighbouring buildings in terms of scale, design, materials, siting, layout and density. Policies SP24 and U6 state that development which could increase the risk of flooding due to additional surface water run off must include appropriate and environmentally sensitive mitigation measures. If development will result in an unacceptable risk of flooding, it will not be permitted. Policy U13 (Contaminated Land) requires that a comprehensive site assessment be conducted to enable the effects of land contamination to be fully evaluated. Policies CF4 (Open Space Standards) encourage all new housing developments to provide facilities for informal recreation to a standard of 2.4 hectares per 1,000 population.

3.2 Supplementary Planning Guidance – Residential Design Guide (2007) This provides a guide to the objectives of good design and the design process.

3.3 CURRENT POLICY CONTEXT Newport Local Development Plan (Adopted January 2015) Policy SP1 (Sustainability) states that proposals will be required to make a positive contribution to sustainable development. Policy SP3 states that development in flood risk areas will only be permitted in accordance with national guidance. Policy SP10 states that provision will be made for housing over the plan period primarily on previously development land, including allocations set out in policy H1. Policy SP13 states that development will be required to help deliver more sustainable communities by providing, or making contributions to, local and regional infrastructure in proportion to its scale and the sustainabiliy of its location. Policy SP18 states that proposals will be favoured which assist the regeneration of the urban area, particularly where they contribute to stated objectives. Policy GP2 states that development will be permitted where it meets specified criteria relating to general amenity. Policy GP6 seeks good quality design in all forms of development. Policy GP7 states that development will not be permitted which would cause or result in unacceptable harm to health because of stated factors, including flooding, noise or light pollution. Policy CE1 states that development proposals should protect and enahnce the appearance and connectivity of existing and future main route corridors. Policy H1 identifies sites for residential development. Policy H2 states residential development should be built to high standards. Policy H3 states that it should be designed to provide a mix of housing to meet a range of needs. Policy H4 states that on site provision of affordable housing will be required on all new housing sites of 10 or more dwellings within the settlement boundary.

4. CONSULTATIONS 4..1. HEDDLU GWENT POLICE: No objection.

4.2. DWR CYMRU WELSH WATER: Recommend the imposition of conditions in relation to the preparation of a scheme for the comprehensive and integrated drainage of the site.

4.3. WESTERN POWER DISTRIBUTION: No objection and standard advice given.

4.4. NETWORK RAIL: No objection but provide advice in relation to the requirements of the developer having regard to the safe operation of the railway and protection of Network Rail’s adjoining land.

4.5. NATURAL RESOURCES WALES (FORMER COUNTRYSIDE COUNCIL FOR WALES):No objection.

4.6. REGIONAL AMBULANCE OFFICER: No response.

4.7. SOUTH WALES FIRE AND RESCUE: No response.

4.8. NEWPORT ACCESS GROUP: No response.

4.9. WILDLIFE IN NEWPORT GROUP: No response.

4.10. NATURAL RESOURCES WALES (FORMER ENVIRONMENT AGENCY): No response but confirmed no objection to previous application as the east bank landform will serve to manage the consequences of flooding in an extreme flood event.

4.11. GWENT WILDLIFE TRUST: No response.

4.12. WALES AND WEST UTILITIES: No response but confirmed no objection to previous application.

5. INTERNAL COUNCIL ADVICE 5.1 HEAD OF LAW AND REGULATION (POLLUTION): No objection subject to imposition of specific noise conditions to reflect those imposed on the previous planning permission.

5.2. HEAD OF STREETSCENE AND CITY SERVICES (HIGHWAYS): Require a minimum of 15 parking spaces on site on the basis of 2 spaces per 3 bed unit and 1 space per 2 bed unit. Recommend imposition of conditions in relation to construction management and construction of footway.

5.3. HEAD OF STREETSCENE AND CITY SERVICES (ECOLOGY): No objection as happy with bat survey submitted.

5.4. CHIEF EDUCATION OFFICER: No response but confirmed no contribution sought on previous application.

5.5. HOUSING AND COMMUNITY REGENERATION MANAGER (ECONOMIC DEVELOPMENT): No response.

5.6. HEAD OF STREETSCENE AND CITY SERVICES (LEISURE): No response but requested a contribution on previous application to refurbish and upgrade play facilities in the locality.

6. REPRESENTATIONS 6.1 NEIGHBOURS: All properties within 50m of the application site were consulted (87 properties), a site notice displayed and a press notice published in South Wales Argus – no responses received.

6.2 COUNCILLORS: Councillors Hamilton and Hussain were consulted at the time the application was initially received. No response received.

7. ASSESSMENT 7.1 There is no objection to the loss of the retail facility and no objection to the demolition of the existing building on site. The redevelopment of this prominent, vacant site is welcomed.

7.2 The site forms part of a larger site that benefits from an extant full planning permission for the development of 12 dwellings (09/0234). This was granted subject to conditions and a legal agreement in June 2010. However, shortly thereafter, it became apparent that a third party owned some of the site for which planning permission had been obtained and the site area was actually smaller than originally shown. Consequently, the 12 units would not fit and a revised scheme was required. This forms the basis of the current application.

7.3 This is a mixed residential/commercial area, however Phillip Street is characterised by terraced rows of dwellings. The adjoining residential development was completed approximately 7 years ago and includes multi-storey flatted blocks in addition to a terraced row along Phillip Street. It is proposed to develop a row of 2 units facing Phillip Street; 4 units fronting onto Wharf Road and 4 units backing onto the adjoining residential estate completing the scheme. Communal parking will be accessed off Phillip Street and include 13 parking spaces. 15 spaces have been requested by the Head of Street Scene (Highways) but in order to achieve this number, units 9 and 10 will move within 18 metres of the flatted block on the neighbouring site and the minimum 21m window to window distance will not be achieved. The flatted block is 3 storeys high and includes habitable rooms overlooking the site and therefore a minimum distance of 21 metres between the flat façade and the rear façade of units 9 and 10 is preferable and is shown on the submitted site layout but would result in a shortfall of 2 parking spaces on site. However, in this case and contrary to the advice of the Head of Street Scene (Highways) this is not considered harmful. The layout is such that plot 4, a 2 bed unit, will likely rely on on-street parking at Phillip Street rather than any, more remote, communal parking provided on site. Similarly, the 3 bed units facing Phillip Street will likely use the street to park directly next to their front door rather than the communal parking spaces which will be around the corner from these dwellings. Phillip Street is not regarded as a congested street and whilst it is not the function of the public highway to provide parking to serve private development, in this particular case the merits of the scheme submitted are considered to outweigh the harm caused by having a shortfall of parking (of 2 spaces) compared to adopted standards. Two additional vehicles parking on street at this site are unlikely to cause congestion or adversely affect the free flow of traffic to be of material harm to highway interests. Similarly, such parking could not be shown to be of any demonstrable harm to residential amenity in this instance having regard to the previous uses on site and the likelihood of on street turning and parking manoeuvres associated with the lawful commercial use of the site. The Council is consistently losing appeals on this issue with Inspectors stating that national planning policy requires use of maximum parking standards not minimum standards. A sustainability appraisal has been provided as part of the application to demonstrate good access to local services including bus routes and the Maindee district centre for example. The site is close to local services and bus stops and the frequency of bus services such that parking standards can be reduced.

7.4 The principle of residential development is acceptable in this location and whilst the layout of development does not provide for the continual frontage development to Phillip Street, the type of peripheral development proposed is acceptable. The layout is basic but workable and unit design and general layout has been amended further to discussion with officers. The relationship with existing adjacent properties is acceptable and the layout affords sufficient levels of amenity for future occupiers. A distance of 21 metres is achieved between the rear of units on plots 9 and 10 and the neighbouring flatted block to the east of the site. Garden depths vary with unit 10 benefitting from a minimum 10m deep rear garden and plot 7 having a distance of only 2-3m to the eastern boundary. However, the latter benefits from an additional side garden of some 20 square metres to be secured by way of a wall acting as the intervening boundary between the garden and Phillip Street. Details of boundary treatments need to be secured by planning conditions. Additionally, the unit on plot 7 is located in close proximity to the common boundary with the neighbouring property facing Phillip Street and, consequently, conditions were imposed on the previous planning permission restricting this unit’s permitted development rights to ensure that further openings were not added to the rear of this property, thereby negating the mitigation negotiated to minimise the potential for overlooking and harm to amenity. Plot 7 cannot add roof extensions without the benefit of planning permission; install additional or alternative openings at first floor level; or install clear glazing to the opening nearest the common boundary at first floor. There is considered to be no material window to window conflict but openings in the rear of this particular unit would have the potential to overlook the rear extent of the neighbouring property on Phillip Street. The conditions imposed match those imposed on the previous planning permission and the layout in respect of this unit matches that shown on the previous planning permission.

7.5 This is not technically infill development as it does not infill a restricted gap in the continuity of buildings. Therefore, the adopted Supplementary Planning Guidance on Infill and Backland Development is not considered relevant. The adopted Supplementary Planning Guidance on the Residential Design Guide is, however, relevant to this application. This is a good practice guide to the design of new housing development (these SPGs carry limited weight at the time of this report being updated as new SPGs are being prepared to align with the adopted LDP).

7.6 Following discussions, issues relating to potential noise concerns have now been addressed and, subject to appropriate conditions, the Head of Law and Regulation (Environmental Health) is satisfied.

7.7 Additional information has been provided in relation to biodiversity matters and is considered acceptable.

7.8 Draft Heads of Terms have been produced by the Council’s Planning Contributions Manager in relation to a request for an off site leisure contribution consistent with a legal agreement on the extant planning permission. The contribution figure now requested is reduced to reflect the lower unit numbers now proposed. A total of £56,491k is requested toward off site play facilities and a further £495 monitoring fee is sought. The required contribution is justified and there is no urgent need to redevelop this site to meet the Council’s regeneration objectives that would currently warrant a reduced or nil contribution in this case. The applicants have raised no objection to the contribution request.

7.9 Several consultees have failed to respond to the application so regard has been given to responses given in relation to the previous application granted planning permission for the same type of development. For example, Natural Resources Wales (formerly Environment Agency) raised no objection to the previous application on the basis that the east bank landform would serve to manage the consequences of flooding in an extreme flood event and meet TAN15 criteria for the proposed development. As the east bank landform is complete and the lifetime of development to be considered has not changed since the consideration of the previous planning application, there is no evidence that there are any robust flood related objections to this scheme. The lifetime of development has now changed to 100 years and therefore the application must be accompanied by a Flood Consequences Assessment that considers the effects of this and how the risk of flooding can be acceptably managed for the extended lifetime of development. Information in support of the application is now out of date and does not accord with current adopted policy requirements. This is reason to refuse planning permission.

7.10 A Code for Sustainable Homes pre-assessment has been provided in support of the application and confirms that the development can achieve Code Level 3.

7.11 The application has been screened in accordance with the Town and Country Planning (Environmental Impact Assessment) Regulations 1999. The development is listed in Schedule 2 Part 10 but does not exceed thresholds listed in Column 2 of the Schedule nor is within a sensitive area. The proposal is unlikely to have significant environmental effects. It is not EIA development.

8. OTHER CONSIDERATIONS 8.1 Crime and Disorder Act 1998 Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this planning application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision. The Police Architectural Liaison Officer has no objection to the scheme.

8.2 Equality Act 2010 The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

8.3 Having due regard to advancing equality involves:  removing or minimising disadvantages suffered by people due to their protected characteristics;  taking steps to meet the needs of people from protected groups where these differ from the need of other people; and  encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

8.4 The above duty has been given due consideration in the determination of this application. It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person.

9. CONCLUSION 9.1 Having regard to the above it is considered that the proposal complies with the relevant policies of the UDP and sufficient regard has been given to the adopted SPG-Residential Design Guide. It is recommended that planning permission be granted subject to the following conditions and a Section 106 Legal Agreement to secure £56,491 towards leisure improvements in the vicinity.

9.2 Having regard to the above, the proposal does not comply with national planning policy and local policies of the adopted LDP, notably in relation to flood risk and is therefore unacceptable. It does not accord with adopted policies of the LDP in relation to planning obligations as no legal agreement has been completed.

10. DECISION

REFUSED

01 The proposal will have a significant adverse effect upon interests of acknowledged importance, namely local infrastructure, by reason of increased demand placed upon it by future residents of the site without appropriate mitigation. No information has been supplied to overcome this objection contrary to policy SP13 of the Newport Local Development Plan 2011-2026 (adopted January 2015).

02 The proposal will have a significant adverse effect upon interests of acknowledged importance, namely health, safety and general amenity, by reason of flood risk. No information has been submitted to mitigate this objection contrary to policies SP3 and GP7 of the Newport Local Development Plan 2011- 2026 (adopted January 2015).

NOTE TO APPLICANT

01 This decision relates to plan Nos: G786/101, G786/1, G786/3B, G786/4C, G786/5C, G786/6E, G786/7, G786/8A, G786/2B and the documents entitled “Code for Sustainable Homes –Pre-Assessment Report prepared by Nick Alfieri (March 2011), “Survey for Bats” prepared by David Clements Ecology Ltd (November 2009), the Design and Access Statement.

02 The development plan for Newport is the Newport Local Development Plan 2011-2026 (adopted January 2015). Policies SP1, SP3, SP10, SP13, SP18, GP2, GP6, GP7, CE1, H1, H2, H3 and H4 were relevant to the determination of this application.

The proposed development (including any demolition) has been screened under the Environmental Impact Assessment Regulations and it is considered that it is not EIA development. ______APPLICATION DETAILS

No: 23 14/1133 Ward: VICTORIA

Type: FULL+ENV STATEMENT

Expiry Date: 04-MAR-2015

Applicant: TAYLOR WIMPEY

Site: LAND AND BUILDINGS ON THE WEST SIDE OF, RODNEY ROAD, NEWPORT

Proposal: DEVELOPMENT OF 148NO. RESIDENTIAL UNITS AND ASSOCIATED WORKS (PARTIAL AMENDMENT TO PERMISSION 07/0055 FOR PROPOSED MIXED USE DEVELOPMENT INCLUDING 486NO. RESIDENTIAL UNITS, RIVERSIDE WALK AND RIVER DEFENCE WORKS; COMMERCIAL DEVELOPMENT; CAR PARKING AND NEW PUBLIC AREAS) AFFECTING A PUBLIC RIGHT OF WAY 411/1 (VICTORIA)

DECISION: GRANTED WITH CONDITIONS SUBJECT TO SECTION 106 LEGAL AGREEMENT DEED OF VARIATION

1. CONSULTATIONS

1.1 WILDLIFE IN NEWPORT GROUP – No comments received.

1.2 WALES & WEST UTILITIES – No comment received.

1.3 WELSH GOVERNMENT PLANNING DIVISION – No comment received.

1.4 SOUTH GWENT RAMBLERS ASSOCIATION – No comment received.

1.5 NEWPORT ACCESS GROUP – No comment received.

1.6 NATURAL RESOURCES WALES – Natural Resources Wales objects to this planning application at the present time and recommends that an appropriate assessment is undertaken with regards to the River Usk Special Area of Conservation (SAC). However, NRW can confirm that if the previously agreed planting (as referred to in our letter of 29 January 2015) is now complete and the other related otter disturbance mitigation measures are in progress as indicated by the applicant and will be completed within several months, we are satisfied that the conditions outlined will control the risk so as not to cause an adverse effect on the integrity of the SAC.

1.6 ARCHITECTURAL LIAISON OFFICER (GWENT POLICE) – The Gwent Police Designing Out Crime Unit have no objections to this application. Consideration must be given to improving the road network in this area, I would suggest that a new traffic light controlled junction is put in place at the junction of Rodney Road and Clarence Place, this would allow vehicles out of Rodney Road under control and would also allow right turn manoeuvres towards either Caerleon Road or Chepstow Road both eastbound which would ease pressures on the Old Green Roundabout. The traffic light junction could also incorporate the current pedestrian crossing point on Clarence Place outside Iceland and provide an additional crossing point on Rodney Road so improving road safety for all highway users. There is currently a cycle route along the river bank between the Town Bridge and George Street Bridge, the cycle route would need to be considered with any new controlled junction to allow cyclists to travel on further than Rodney Road safely.

1.8 GWENT WILDLIFE TRUST – Objects to this proposal in its current form on the grounds of inadequate wildlife enhancement.

1.9 GLAMORGAN & GWENT ARCHAEOLOGICAL TRUST – No objections subject to conditions.

1.10 WELSH WATER – No objections subject to conditions. No problems are envisaged with the Waste Water Treatment Works for the treatment of domestic discharges from this site and the provision of water supply for this development.

1.11 GWENT WILDLIFE TRUST – Wish to see an enhancement on the landscaping proposed.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF LAW & REGULATION (ENVIRONMENTAL HEALTH) – Confirmation that the CEMP submitted with this application is satisfactory. Therefore a suitable condition should be attached to any permission granted, requiring that the development is carried out in accordance with it.

2.2 PLANNING CONTRIBUTIONS MANAGER – Planning Obligations required.

2.3 LEISURE SERVICES MANAGER – No comments received.

2.4 HOUSING DEVELOPMENT MANAGER – No objections.

2.5 HEAD OF STREETSCENE & CITY SERVICES (HIGHWAYS) – Objection raised concerning parking provision and vehicle tracking.

2.6 ESTATES PORTFOLIO OFFICER – No comments received.

2.7 EDUCATION INFORMATION MANAGER – No comments received.

2.8 HEAD OF STREETSCENE & CITY SERVICES (TREE OFFICER) – No objections.

2.9 HEAD OF STREETSCENE & CITY SERVICES (LANDSCAPING OFFICER) – The hard and soft landscape elements of this proposed development are acceptable.

2.10 HEAD OF STREETSCENE & CITY SERVICES (ECOLOGY OFFICER) – No objections to the application in principle but further information is required regarding the ecological enhancement on the site.

2.11 HEAD OF STREETSCENE & CITY SERVICES (DRAINAGE MANAGER) – No objection to the drainage strategy document and the appended calculations. They have considered the design in detail and performed suitable calculation to determine the storage capacity required for up to a 1/100 +30% storm coinciding with a tide locked scenario. The permeable paving details are fine. Drawing 0513/301A confirms Private drainage is to conform to BS8301 and Part H of the building regulations which is fine.

3. REPRESENTATIONS 3.1 NEIGHBOURS: Site notices erected (x3), Press notice issued and 143 neighbours consulted by letter with no comments received.

3.2 COUNCILLORS Jenkins and Rahman were consulted on the application with no comments received.

4. RELEVANT SITE HISTORY 4.1 07/0055 - Proposed mixed use development including 486no. residential units, riverside walk and river defence works; commercial development; car parking and new public areas) affecting a public right of way 411/1 (Victoria) – Granted with conditions.

5. ASSESSMENT 5.1 Introduction

5.2 The site lies along the eastern bank of the River Usk directly adjacent to the Arts College and on the opposite river bank to the Riverfront Theatre and Arts Centre. It extends north to south from Newport Bridge to Colne Street and sits on the bank of the River Usk. It is level in topography and has an area of 1.340 ha.

5.3 Principle of development

5.4 Policy H1 identifies City Vizion as an allocated site for housing, which of course is currently being built out.

5.5 Planning Policy Wales (Edition 7)

5.6 The definition of a previously developed site can be found under Planning Policy Wales, which explains that “Previously developed land is that which is or was occupied by a permanent structure (excluding agricultural or forestry buildings) and associated fixed surface infrastructure.” It is deemed that the application site falls within this definition and therefore can be considered to be brownfield despite it having been cleared of industrial buildings. The site is also positioned within a sustainable location for new housing to be built given its close proximity to jobs, services, infrastructure and the public transport network. The development therefore adheres to policy SP1 that “favours proposals which make a positive contribution to sustainable development.

5.7 In addition to the above, it must be highlighted that it is considered that the principle of development has already been established as the scheme granted under planning permission 07/0055 has been implemented through the construction and completion of the riverside walkway and the discharge of pre commencement planning conditions that are deemed to go to the “heart of the permission.” This means therefore that the approval granted under 07/0055 remains extant and is a fallback that can carry weight in the decision making process.

5.8 Section 106 Contributions

5.9 Policy SP13 relates to Planning Obligations and explains that “development will be required to help deliver more sustainable communities by providing, or making contributions to, local and regional infrastructure in proportion to its scale and the sustainability of its location.” Policy H4 relates to Affordable Housing provision and states that “on-site provision of affordable housing will be required on all new housing sites of 10 or more dwellings within the settlement boundary, or 3 or more dwellings within the defined village boundaries.” It further outlines that there will be a requirement for schemes within the area designated as Newport East ie City Vizion to contribute 20% towards affordable housing.

5.10 As a matter of course the Local Planning Authority has sought advice from the Planning Obligations Manager concerning the planning obligations that are required to ensure that the development meets with sustainable development principles and that the scheme reflects the need to mitigate the direct impact of the development. It is highlighted by the Planning Obligations Manager that:

 The original scheme (approved under 07/0055) remains extant for this parcel of land. Due to the economy and changes in the market, there is a need to scale down the development and provide more houses;

 The Rodney Road Development Brief requires a ‘landmark’ building opposite the Arts College. The provision of a ‘landmark’ building costs an additional £183,000;

 The developer has provided financial information to show that the scheme is financially unviable. The Council’s Development Appraisal Toolkit (i.e. Three Dragons) verifies that the scheme is financially unviable;

 A development’s viability is a material planning consideration. As such, the percentage of affordable housing is set at a rate that reflects individual site viability.

Education

The development falls within the catchment area of Lliswerry High School and Maindee Primary School. Taking into account the scale and type of development, as well as the current school capacities, the originally agreed contribution of £325,000 (for the overall scheme) is still deemed appropriate.

All Education Sums will be index linked to the BCIS.

Leisure

Based upon the scale and type of dwellings proposed (within a constrained urban environment), as well as taking account of the deficit of Formal, Informal and Equipped Play provision within the Victoria ward, £142,000 is deemed adequate to improve off-site leisure and/or community facilities within the vicinity of the development.

All Leisure Sums will be index linked to the Retail Price Index.

Affordable Housing

This proposal of 20 affordable housing units represents 14% provision within this last phase of development. However, the aggregate affordable housing provision for the overall City Vizion development equates to 15% provision and, thereby, accords with the S106 legal agreement.

Please note that the original permission (07/0055) specified a mix and type of 40% x 1 bed flats and 60% x 2 bed flats (for the development of the ‘whole’ scheme). The current proposal does not reflect this breakdown. As such, the S106 legal agreement will need to be altered to reflect this new mix (subject to the agreement of the Housing Manager).

The applicant has provided details in terms of the tenure proposed, which is as follows:

 Block F: 4 no. Low Cost 2 bed apartments, with each to receive 1 no. parking space and  Block G: 12 no. Social Rented 2 bed apartments with no parking spaces (Tenure Neutral) and 4 no. Low Cost 2 bed apartments each to receive 1 no. parking space.

Total allocation: 20 units with 8 parking spaces.

The Housing Manager was consulted on the number of affordable units proposed along with the tenure being provided and the breakdown in terms of beds per unit. The result is that no objections have been received. Furthermore, the agent has also outlined that there is agreement with the other required contributions for leisure and education. Of course, there will be a requirement to vary the existing S106 Agreement to ensure the requested contributions are delivered.

As a result of the above it is deemed that the principle of development can be established in this case.

5.11 Design/Scale/Layout/Materials

5.12 TAN 12 Design

5.13 Policy GP6 states that “Good quality design will be sought in all forms of development. The aim is to create a safe, accessible, attractive and convenient environment. In considering development proposals the following fundamental design principles should be addressed:

i) context of the site: all development should be sensitive to the unique qualities of the site and respond positively to the character of the area; ii) access, permeability and layout: all development should maintain a high level of pedestrian access, connectivity and laid out so as to minimise noise pollution; iii) preservation and enhancement: where possible development should reflect the character of the locality but avoid the inappropriate replication of neighbouring architectural styles. the designer is encouraged to display creativity and innovation in design; iv) scale and form of development: new development should appropriately reflect the scale of adjacent townscape. Care should be taken to avoid over-scaled development; v) materials and detailing: high quality, durable and preferably renewable materials should be used to complement the site context. Detailing should be incorporated as an integral part of the design at an early stage; vi) sustainability: new development should be inherently robust, energy and water efficient, flood resilient and adaptable, thereby facilitating the flexible re-use of the building. where existing buildings are present, imaginative and sensitive solutions should be sought to achieve the re-use of the buildings.”

5.14 In addition to the above policy H2 notes that “residential development should be built to high standards of environmental and sustainable design, taking into account the whole life of the dwelling.” Policy H3 outlines that “residential development of 10 dwellings or more should be designed to provide a mix of housing to meet a range of needs and should be built at a density of at least 30 dwellings per hectare.”

5.15 The proposed scheme would see the development of 148 dwellings on a site of approximately 1.4ha and as a consequence it is deemed that the scheme meets with this policy requirement.

5.16 It is deemed that this scheme provides a strong urban façade along the riverfront and would create a sense of city due to the close grain that would be provided. In this case, the riverfront would be developed with 8 apartment blocks, each to a height of over 15 metres and four storey with the majority of the blocks facing the river in close proximity to one another. In addition, each block in the majority of cases would be between 23.5 and 33 metres in width, which also helps create a strong frontage, while the roof lines will be consistent except for the proposed landmark building

5.17 In some cases however in order to ensure cohesion with the existing communities along Rodney Road, St Vincent Road and Grafton Road it is necessary to orientate along a west – east line resulting in the block ends facing the river. Despite this however, the elevations of these blocks that would face the river would remain active with a large amount of glazing thereby avoiding any blank elevations. It is deemed that the proposal acts in cohesion with the existing residential community along Rodney Road along with the rugby club. This has been achieved by incorporating links from the riverside walkway through this phase of the development and out onto Rodney Road. These links are wide enough to ensure not only attractive permeable route for pedestrians but to also provide vistas through this scheme out onto Rodney Road, St Vincent Road and Grafton Road, which adheres to the requirements of the Rodney Parade Development Brief. Furthermore a new pedestrian link between the riverside walkway and Colne Street would be provided; again increasing the permeability in the area and providing cohesion between existing and proposed.

5.18 It is important to note that within the site there is also a need to ensure that pedestrians, cyclists and drivers are able to easily negotiate their way round the development with ease and without obstruction. The Development Brief outlines that there is a need to “design a community with a connected and legible public network of streets and public spaces with a permeable form of urban blocks.” Within this proposal it is deemed that the level of permeability is acceptable for all users creating an open and safe environment.

5.19 The design of the apartment blocks as noted in the Design and Access Statement adopts a “repetition of verticality, rhythm and symmetry that is found in the other phases.” However it is noted that “the one building which contrasts with the design repetition of the development is the landmark building fronting Clarence Place. This building respects the design features of the other apartment blocks but adopts a variation with a series of strong gables forming the main roof which will contrast starkly with the more subtle gable feature roofs on the others. It is noted that “floor to ceiling heights are increased, with a corresponding increase in window proportions. Balconies will wrap around the corners of the building creating activity overlooking the public realm and to further differentiate the landmark building. The landmark building would also be 1 metre higher than the other proposed apartment blocks along the riverfront, while the choice of materials would use locally recognisable materials including grey roof tiles along with red brick and coloured renders for the facades. It is agreed that the variation in coloured renders is to provide some vibrancy, interest and variation to the elevations. As for the landmark building there will be a contrasting pattern of materials as opposed to a simple series of vertical changes between projections as proposed elsewhere. Furthermore, the roof would include cantilevers to provide an additional distinction from the other blocks.

5.20 Turning to the houses, these would range between two and three storey with plots 446-448 adopting roof gablets to provide a degree of similarity with the well established units along Rodney Road. The houses would be positioned behind the apartment blocks when viewed from the riverside walkway, in order to ensure that the scale of development along Rodney Road is conducive to the streetscene and not appearing incongruous in the context of other houses along the street. In most cases the houses would be positioned tight against the roadside of Rodney Road, which again helps to reflect the existing units in the area along Rodney Road. Each of the dwellings have adequately sized gardens that are not large, but again this helps create a sense of a dense urban environment, which the scheme is satisfactorily adopting.

5.21 Layout

5.22 The layout of the development is high density along the riverfront, while residential dwellings would be located to the rear of the apartment blocks. Active frontages are a key part of the scheme not only along the riverfront but also towards the public plaza opposite the Arts College and facing the proposed landscaped area that would ensure permeability through to Grafton Road. This of course is encouraged. Despite the high density the scheme still manages to achieve a high standard of satisfactory amenity not only for existing residents but also proposed. Some of the dwellings would be positioned with the side elevations of them facing Rodney Road, which in fact replicates that of the other phases. Furthermore, within the site landscaping of the scheme is considered to be acceptable and is characterised by a mixture of hard and soft, which creates interest and helps to “break-up” any form of monotony.

5.23 Materials

5.24 As briefly noted above along the riverfront it is proposed to add some interest through the mostly uniform blocks by introducing different coloured renders for each block for the gable features. All the remaining sections of each block would be constructed using Ibstock-Stratford Red Dragfaced, while the roof coverings would be Redland Mini Stonewold roof tiles that would be grey slate in colour.

5.25 With regards to the landmark building it would have a variety of rendered colours in a variety of sections along the elevations of the structure, which again helps to provide interest and “break- up” any monotony. As for the dwellings these again would use red brick for the elevations and tiles for the roof covering to match the above but in this instance the render colours would alternate between each block of natural white and orange/beige.

5.26 The assessment of the immediate context identifies that the dominant material is a mixture of block render and brick for elevations and tiles for the roof covering. As a consequence it is felt that the proposed use of the selected materials in this case would be acceptable and not appear “alien” within the streetscene or wider environment.

5.27 Amenity

5.28 Policy GP2 highlights that “development will be permitted where, as applicable:

i) there will not be a significant adverse effect on local amenity, including in terms of noise, disturbance, privacy, overbearing, light, odours and air quality; ii) the proposed use and form of development will not be detrimental to the visual amenities of nearby occupiers or the character or appearance of the surrounding area; iii) the proposal seeks to design out the opportunity for crime and anti-social behaviour; iv) the proposal promotes inclusive design both for the built development and access within and around the development; v) adequate amenity for future occupiers.”

5.29 Most of the proposed dwellings along Rodney Road would face towards the western boundary of Rodney Parade with the closest separation distance of between 10.5 metres, which is considered acceptable. Where proposed dwellings are to face existing residential dwellings the separation distance has been measured to be 14 metres, which is also deemed satisfactory from a privacy perspective and overbearing perspective. Plots 333-334 would break a 25 degree line when measured from the centre of ground floor opposite neighbouring windows but it is deemed that given the positioning of the new dwellings is to the west the impact would be insignificant.

5.30 Two of the four storey apartment blocks (namely block D & F) are within 15 metres of two, two storey residential units, which generally given their height would cause a detrimental impact by way of being overbearing. However in this case the existing units (namely 1 & 17) have an unusual window orientation in which the habitable windows at ground and first floor level do not directly face towards the closest apartment blocks (at 14 metres) and as a consequence would not be impacted upon. The distance is acceptable to not cause an adverse impact on loss of privacy. The habitable room windows serving number 17 would face Block G, which is over 23 metres away and would minimally break a 25 degree line. Despite this it is not considered significant enough to cause an adverse impact on the existing residence given the layout of the block. Block D is also positioned to the north east of number 1 Rodney Road and therefore would not cause a loss of light given the orientation described. In addition to this it must be pointed out that the scheme approved under 07/0055, which has an extant permission, in fact is around 1.5 metres lower in height than what is being proposed. However it is deemed that such differences between that proposed and previously granted is insignificant from an overbearing impact perspective. As a result this is a valid planning material consideration in this element of the scheme being acceptable.

5.31 The design of the dwelling at number 15 adopts a bay window at ground and first floor levels. The result is that due to the window design the development would not cause a detrimental overbearing impact as a high proportion of the windows would either not directly face apartment Block F or face away from it. It is deemed that the separation distance, orientation and height of the Block is acceptable to not cause an adverse impact on amenity.

5.32 Plot 448 would not cause an adverse impact on the dwelling located at number 30 by way of loss of light, being overbearing or causing overlooking. The new dwelling would be sat back from the building line of number 30, be positioned 3.5 metres away and be positioned in such a way as to not cause a detrimental impact. With regards to the existing dwellings located at numbers 27-39 Colne Street, these would not be adversely impacted on either for reasons that the separation distances between the proposed dwellings opposite has been measured to be at least 24 metres away. This separation distance is satisfactory to not cause an impact by way of being overbearing, or causing a loss of light or loss of privacy. Turning to Block E there was concern with regards to the potential for overlooking into the rear garden of number 27 Colne Street as the separation distance is only 5.5 metres. This has been overcome through the introduction of obscured and restricted opening windows ensuring that the windows open away from this existing residential dwelling along the rear elevation of the apartment block. Given the location of the block it is not deemed that there would be an adverse impact by way of being overbearing. There is also an 18 metre separation distance between block E and number 25 Colne Street, ensuring that there is no detrimental impact.

5.33 Turning to the amenity of future residents that would occupy the apartment blocks, it is considered that these would be satisfactorily safeguarded bearing in mind the issues of overbearing, overlooking and loss of light. For example the distance between Block D and Block A is only 7 metres. Despite this, along the southern elevation of Block D the windows serving each of the units would be either secondary or would not serve a habitable room, while in the north elevation of Block A only non habitable rooms would be served by windows. This has been carried out for all blocks where there is a separation distance of less than 13 metres.

5.34 Each of the proposed dwellings would have a garden depth of around 5-6 metres, which is deemed satisfactory for the type and nature of the development, while the distances from window to window for dwellings that are back to back has been measured to be around 14 metres. This is again acceptable given the nature, type and location of development that is being proposed. The aim of the development and design brief is to create a dense urban/city environment, which cannot be achieved with separation distances and garden lengths that are normally required.

5.35 Designing out crime

5.36 There is also the requirement under the Development Brief to create “Active elevations and a high degree of overlooking at ground floor level on all elevations must be maximised, it is particularly important that this is achieved as far as possible along the riverfront but must be particularly addressed adjacent to public spaces.”

5.37 A landmark building is proposed to the south west of the existing Arts College building. It is explained within the submitted Design and Access Statement that “The one building which contrasts with the design repetition of the development is the landmark building fronting Clarence Place. This building respects the language of the contemporary architecture common across the development but expresses it in a different manner with a series of strong gables forming the main roof which will contrast starkly with the more subtle gable feature roofs on the other apartment blocks. In addition, floor to ceiling heights are increased, with a corresponding increase in window proportions. Balconies will wrap around the corners of the building creating activity overlooking the public realm and to further differentiate the landmark building. This key landmark will also provide a positive contrast to the historic former Arts College.”

5.38 To the front of the landmark building a plaza has been created as a result of the extant scheme, while under this proposal public spaces are being provided opposite the entrance to Grafton Street that will be grassed with a number of proposed new trees and benches and hedging. Further along the site to other public spaces would be created adjacent to the riverside walkway that would contain a number of new trees, benches and grassed areas.

5.39 Each of the blocks along the façade would adopt projecting gables to replicate a design feature found along Rodney Road with the existing residential dwellings. The design adopted for the blocks along this phase of City Vizion would differ from those previously approved and constructed further down the river as part of City Vizion, which is deemed to provide interest when viewing the overall development from long range vistas. Although there is uniformity of the blocks that face the river as part of this scheme there is a change in the colour of render for each projecting gable, which again is considered to provide interest.

5.40 It is deemed that the proposed scheme is a contemporary form of development for reasons that the blocks along the riverfront incorporate a variety of materials using red brick and a mix of render pastels for the elevations with a large percentage of glazing. With the submitted Design and Access Statement it is noted that “the development will use locally recognisable materials including grey roof tiles, and red brick and pastel coloured renders for the facades. The variation in coloured renders is to provide some vibrancy, interest and variation to the elevations which otherwise follow a common repetitive theme. On the landmark building, the facades comprise a contrasting pattern of materials as opposed to a simple series of vertical changes between projections as proposed elsewhere. Historically, window types have comprised both casement and sash types, usually painted white. However the other phases of City Vizion have utilised a dark coloured frame with contemporary window styling. This latter theme has been carried through into this proposal with the dark frames creating a good contrast to the red brick and pastel coloured renders. The apartments will have metal balconies providing external amenity space with views over the River Usk.” As a consequence it is considered that the scheme will provide a contemporary appearance to the riverfront therefore adhering to the aforementioned Development Brief.

5.41 Due to the location of the site access to the public transport network is convenient and readily available. Also of course is access to jobs, shops and services. With regards to sustainable transport the scheme would include five bicycle storage buildings “dotted” around the site to the rear of the apartment blocks. The bicycle stores would adopt areas between 26.5 and 34.6 sqm, with heights between 4 and 4.5 metres to the ridge line. Each bicycle store would also “double up” for bin storage and would hold between 12-16 bicycles. This as a consequence helps to achieve a sustainable form of development. Each structure would be constructed from brick for the elevations and grey roof tiles.

5.42 Ecology

5.43 TAN 5 Nature, Conservation and Planning

5.44 Policy GP5 outlines that “development will be permitted where, as applicable:

i) the proposals are designed and managed to protect and encourage biodiversity and ecological connectivity, including through the incorporation of new features on or off site to further the UK, Welsh and/or Newport biodiversity action plans; ii) the proposals demonstrate how they avoid, or mitigate and compensate negative impacts to biodiversity, ensuring that there are no significant adverse effects on areas of nature conservation interest including international, European, national, and local protected habitats and species, and protecting features of importance for ecology and iii) the proposal will not result in an unacceptable impact on water quality.”

5.45 The Local Planning Authority sought comments from the Head of Streetscene & City Services (Ecology), resulting in no objections in principle to the development but more information is required concerning the wildflower areas in terms of the seeds to be used, which should be a native mix. Confirmation is also required regarding who will undertake the management along with the areas needing to be managed for a minimum of 5 years. Additional information will also be required relating to details of a contact, within the management company who will be able to keep the Local Planning Authority informed of the progress of the wildflower areas. These matters it is deemed can be dealt with through the attachment of a planning condition.

5.46 The Local Planning Authority also consulted with Natural Resources Wales (NRW) given the site’s location close to the River Usk, which is designated as a Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI). NRW have responded with an objection for reasons that an appropriate assessment has not been undertaken with regards to the River Usk Special Area of Conservation (SAC). However NRW have also explained that “subject to the completion of previously agreed mitigation in relation to otters and the attachment of appropriate conditions to control risks to the designated fish species we are of the view that it should be possible to avoid an adverse effect on the integrity of this SAC.” The previously agreed mitigation is not being considered as part of the determination of this application as it can be dealt with satisfactorily through separate mechanisms open to the LPA through enforcement action. As a consequence of the NRW consultation response a Appropriate Assessment was carried out by the Local Planning Authority and submitted to NRW for comment. The Appropriate Assessment is shown overleaf:

Appropriate Assessment

The river has been designated because the following species are special features to the River Usk:-

 Allis Shad;

 Twaite Shad;

 Bullhead;

 River Lamprey;

 Brook Lamprey;

 Sea Lamprey;

 Atlantic Salmon;

 Otter;

 Water Crowfoot.

The conservation objectives of the SAC are attached as an Appendix to this report (see Appendix A).

The Usk is considered one of the best examples of a near natural river system in England and Wales. The range of plants and animals reflects a transition from nutrient poor to naturally rich. It was notified to protect a wide range of habitats and features. It also acts as an important wildlife corridor, an essential migration route and a key breeding area for nationally and internationally important species, including otter.

The concerns regarding the potential for impact on the River Usk SAC are:

 impacts on otters,  impacts on shad migration,  disturbance of contaminated land and  surface water discharges.

Otters - SAC

The application site is located adjacent to the SAC boundary. No part of the proposed development encroaches into the SAC as it is all contained behind the constructed Riverside Walkway. The Riverside Walkway would therefore provide a buffer between the main development and the edge of the river bank of at least 5.5 – 6.5 metres. Such a buffer is considered sufficient to avoid undue disturbance to otters as a result of the construction and future occupation of the proposed development. Notwithstanding this, all development can be controlled through measures set out in a Construction Environmental Management Plan (CEMP) (see condition) to prevent disturbance to otters and their habitat. Furthermore any works within 20m of the river bank can be controlled to be carried out within daylight hours to further prevent disturbance of otters (see condition). External lighting associated with the proposed development fronting the river would be expected to be designed to avoid excessive light falling on the Pill to the detriment of otters and this too can be controlled through condition (see condition). With such controls in place it is considered that there would not be any adverse impact to the SAC in relation to otters.

Fish features - SAC

The rare fish species Allis and Twaite Shad, features of the River Usk SAC, are especially sensitive to vibration. It is essential that any construction works in the river or on, or adjacent to, the riverbank that result in vibration e.g. drilling, boring, piling or demolition works are timed to avoid the migration period between March – June.

In terms of impact on migratory fish it is considered that any impact could be avoided through imposing conditions to provide suitable protection (see conditions).

Contaminated Land - SAC

In relation to contamination, under the original planning application for the wider City Vizion site (ref. 07/0055) contamination investigation and mitigation was required by condition.

Based on the concerns of NRW it is considered that with the imposition of suitable conditions to ensure that contamination of the River Usk SAC and SSSI is avoided and that remediation measures are implemented, there would be little likelihood of contaminated material entering the water system, and the proposal would not have a significant adverse effect on the River Usk SAC (see conditions).

Water Quality/Hydrology and Drainage – SAC

The protection of River Usk SAC and SSSI can be maintained as the current proposal indicates that all sewage will be connected to an existing mains drainage system. Through the addition of a CEMP condition and other conditions ensuring that contaminated water would not run off into the River without being intercepted first (see conditions). Furthermore the Local Planning Authority would impose conditions concerning new outfalls to ensure that they do not affect the SAC.

Conclusion

In terms of in combination effects of the development when considered alongside other developments along the edges of the River Usk through Newport, it is considered that with the imposition of appropriate conditions referred to above, the proposed development would not combine with other developments to have a significant adverse effect on the River Usk SAC and SSSI. It is considered that the issues relevant to this application (otter habitat, contamination and disturbance from construction works) would be equally dealt with by similar conditions for these other developments and so it is not considered that there are any in-combination implications.

With the inclusion of appropriate conditions it is considered that any adverse effects associated with the development can be satisfactorily avoided.

5.47 NRW have responded to the Appropriate Assessment stating “our views vary to a degree from that outlined in the appropriate assessment in that whilst we are satisfied that the walkway provides a feature that can provide a reasonable degree of screening and control of disturbance risk from the application site, we do not consider it is a feature that will greatly control the indirect risk of disturbance from the increased number of users of the walkway, particularly during the operational phase. Control of risks is reliant on the degree of cover for otter on the river bank and lighting control in particular. However, we can confirm that if the previously agreed planting (as referred to in our letter of 29 January 2015) is now complete and the other related otter disturbance mitigation measures are in progress as indicated by the applicant and will be completed within several months, we are satisfied that the conditions outlined will control the risk so as not to cause an adverse effect on the integrity of the SAC.” As previously noted this can and will be dealt with separately from the determination of this application by enforcement action if needed.

5.48 Flooding

5.49 TAN 15 Development and Flood Risk

5.50 Policy SP3 explains that “Newport’s coastal and riverside location necessitates that development be directed away from areas where flood risk is identified as a constraint and ensure that the risk of flooding is not increased elsewhere. Development will only be permitted in flood risk areas in accordance with national guidance. Where appropriate a detailed technical assessment will be required to ensure that the development is designed to cope with the threat and consequences of flooding over its lifetime. Sustainable solutions to manage flood risk should be prioritised.”

5.51 A Flood Consequences Assessment has been submitted with the application given that the site is positioned mostly within Flood Zone C1 with a small part of the site shown as within in C2, as defined by the Development Advice Map (DAM) [updated on 19 January 2015] referred to under Technical Advice Note 15: Development and Flood Risk (TAN15) (July 2004). The Flood Consequences Assessment notes that:

5.52 To assess the potential risk of flooding a new FCA has been prepared. It is noted that it is not possible to achieve the higher levels consistently across the whole of the re-planned scheme since it is not practical to raise the site to significantly higher levels than the wider area. The previous planning permission has been partly implemented and therefore the site has an extant planning permission and this represents a fallback position whereby 207 units could be built at the site at lower levels in accordance with the previous consent. Under the extant permission 30 units are situated at ground floor level and therefore at direct risk of flooding. The internal configuration of these units resulted in 36 bedrooms being at risk. A re-planned scheme could provide betterment in terms of flood risk to the extant permission. Although not practical to lift all units above the extreme predicted flood levels, there will be betterment in the proposed scheme which raises levels as far as practical.

5.53 It is highlighted that the site could be built out at 8.87m AOD in accordance with the extant consent despite up to date flood data indicating that the flood protection level for the site is 9.25m AOD.

5.54 The finished floor levels for the proposed ground floor units varied but were no lower than 8.57m AOD and more typically 9.02m AOD. The proposed re-plan scheme includes 55 units at ground floor level including 29 apartments and 26 houses. The finished floor levels of all ground floor apartments will be raised to 9.6m AOD to ensure they are flood free in accordance with the most recent flood data, therefore the units at risk are the 26 houses.

5.55 This approach will result in 4 fewer dwellings being at risk from flooding when completed than the extant scheme and the internal configuration of the dwellings proposed also ensures that, unlike the previous scheme, no bedrooms are below the flood protection level. The re-plan therefore demonstrates a betterment and ensures that less dwellings are at risk of flooding than the extant scheme.

5.56 The apartment blocks adjacent to the Riverside Walkway will be lifted to 9.6m AOD which is 580mm higher than the extant permission and place them 50mm above the mean flood level for the 1 in 200 year plus climate change, 100 years rather than the previous 50 years lifetime of development. The ground floor levels of the town houses now proposed under the re-plan have been raised slightly higher than the extant permission to between 8.65 and 9.025m AOD. This is as high as these units can be practically raised without being detrimental to existing street scene. These dwellings will be afforded protection from flooding for nearly 50 years. The ground adjacent to and between the apartment blocks will also be raised to 9.45m AOD to achieve a uniform crest level beside the walkway along the whole of the site. Raising the ground here by itself will not prevent flooding elsewhere if the walkway is overtopped, it will assist by reducing the length of river bank over which water can flow or the rate of influx if overtopping were ever to occur, this will provide a betterment in terms of the extant permission to both future occupiers and third parties.

5.57 The re-plan will have the effect of reducing the potential impacts of flood risk and ensures that all of the development, aside from 26 houses, is free from direct flood risk. The re-plan layout ensures that no bedrooms are located on ground floor and at direct risk of flooding. The re-plan has taken into account new guidance and hydraulic modelling for this area, and demonstrated a reduction in the number of dwellings at risk of flooding.

5.58 As a matter of course the Local Planning Authority sought advice from Natural Resources Wales (NRW) concerning the flooding matters of the site. NRW has responded noting that “Due to the extant permission and the information submitted with the re-plan planning application we would offer no objection on the grounds of flood risk management to this planning application. The FCA demonstrates that the applicant has reassessed the flood risk and redesigned the development to achieve a betterment to the overall development.” Turning to the tests of Technical Advice Note 15 the advice states that “In zone C the tests outlined recognising, however, that highly vulnerable development (ie residential dwellings) in zone C2 should not be permitted.” As noted since the original scheme was approved a middle section of the site now falls within the flood risk zone of C2 where new dwellings should not be located. Despite this however it must be remembered that the site has a legitimate fallback position given the previous planning approval and the fact that the approved scheme has been lawfully implemented. As a result the site has extant planning permission for housing but in this case a betterment would be provided.

5.59 The site is in a prominent position within Newport along the riverside of the River Usk. It is an important site for the continued regeneration of the City and is also an important site to deliver key employment benefits to the City not only from the construction of the development but also creating a localised workforce on the edge of the City Centre. The scheme is within a site that is defined as previously developed land, while also adhering to the requirements of Planning Policy Wales (Edition 7). Therefore it is determined that the scheme because of the fallback position, the betterment being provided and the fact that the development meets broadly with the requirements of Technical Advice Note 15 (Flooding); that the scheme is acceptable from a flooding perspective.

5.60 Archaeology

5.61 Policy CE6 outlines that “development proposals will normally be required to undertake an archaeological impact assessment before the proposal is determined: i) where ground works and/or the installation of services are proposed within the archaeologically sensitive areas of Caerleon, the levels, lower Machen and the city centre , or; ii) within other areas of recognised archaeological interest.”

5.62 With the Development Brief it is noted that “an Archaeological Assessment of the site has not been undertaken to date, however with the recent finding of a medieval ship beneath the site where the Riverfront Arts Centre was built, there will be a need for an Archaeological Assessment and a watching brief during the construction period.” As a matter of course the Local Planning Authority has sought advice from the Glamorgan and Gwent Archaeological Trust (GGAT). They have noted that GGAT would be content “to see works for 14/1133 undertaken in accordance with the pre-existing written scheme of investigation. In respect of the attachment of archaeological conditions to application 14/1133 it is suggested the requirement for archaeological works to be undertaken in accordance with a written scheme of investigation remain attached to any amended consent granted, but expect this work simply to be a continuation of that already agreed in the pre-existing written scheme.”

5.63 Highways

5.64 TAN 18 Transport

5.65 Policy GP4 highlights that “development proposals should:

i) provide appropriate access for pedestrians, cyclists and public transport in accordance with national guidance; ii) be accessible by a choice of means of transport; iii) be designed to avoid or reduce transport severance, noise and air pollution; iv) make adequate provision for car parking and cycle storage; v) provide suitable and safe access arrangements; vi) design and build new roads within private development in accordance with the highway authority’s design guide and relevant national guidance; vii) ensure that development would not be detrimental to highway or pedestrian safety or result in traffic generation exceeding the capacity of the highway network.

5.66 As a matter of course the Local Planning Authority has sought advice from the Head of Streetscene & City Services (Highways), which has resulted in an objection being received. It is noted that this re-plan of the originally approved application proposes less units. In addition highway capacity is not an issue of concern, while “the proposed traffic calming and reconstruction of the western footway on Rodney road will be the subject of a Section 278 Agreement of the Highways Act 1980.”

5.67 Gwent Police (Traffic Management) also raised concerns with regards to the additional burden that would be placed on the road network in this area for parking spaces due to the shortfall in the number of on-site spaces. Another point raised is that the development is close to Rodney Parade Sports Ground and the demand for spaces in the area is increased. The lack of cycle storage provision is also raised by the consultee but there is clearly proposed provision for this facility.

5.68 Despite the above it is highlighted that the site is located within Zone 2 of the Council’s now un- adopted Supplementary Parking Guidance. This required the provision of 1 space per bedroom up to a maximum of 3 spaces per residential unit. The site is located within a sustainable location and the applicant has provided a parking sustainability test confirming that a reduction of 2 spaces per dwelling is acceptable. However, the guidelines require a minimum of 1 space per unit outside of the City Centre itself. Visitor parking at a ratio of 1 space per 5 units is also required, 30 spaces. The residential roads within the vicinity of the site suffer from congested on- street parking which is exacerbated when Rodney Parade is in use such that all parking associated with the development must be provided on-site. Twenty six of the proposed units have no allocated parking and no visitor spaces are proposed for the development which is not acceptable. Altogether a shortfall of 56 spaces, however for the reasons discussed below this is not the final figure, which has been calculated to be less.

5.69 A small number of the proposed parking spaces appear more difficult to access/egress. Having sought large scale tracking plans it is clear that a refuse vehicle would be able to negotiate around the site but the car track tests show that manoeuvring within the site is very awkward in places but this is an internal issues that does not affect the public highway. The spaces of concern will require some extra manoeuvring within the site to exit in a forward gear however this is achievable and is considered acceptable.

5.70 With regards to the first issue of parking provision the concerns of the Head of Streetscene & City Services are noted. However, the city centre fringe location of the application site and its close proximity to a very wide range of amenities and our transport hubs (bus and rail) must be given very significant weight. This location and ease of access and proximity to services along with the nature of the units that will not benefit from an allocated space, i.e. affordable, of limited size, flatted, etc is unlikely to appeal to those that place parking facilities as a priority for property selection. On road parking in close proximity to the site is controlled by permitting or yellow lines. Whilst they can apply for a permit, on street space is in high demand and such competition for space will be evident from the outset and will be a known factor for any potential purchasers or tenants. Further very significant matters to weigh in the development’s favour are the very real prospect of its imminent development, its prominent urban location, and urban regeneration credentials. Another matter to note is that 12 of the units will be tenure neutral meaning these will have parking controls applied using the Housing Association tenant selection process. This will still mean that there will be a shortfall of 44 spaces against accepted parking standards. However for the reasons discussed above it is deemed that there are overriding benefits through its regenerative credentials and that the site is in a highly sustainable location next to public transport infrastructure such that the negative effects of the parking shortfall are outweighed. There is increased potential for the site to slip into unviability if a strict application of parking standards is made as parking spaces will likely require to reduce floorspace and therefore reduced end value. This may affect the site being developed.

5.71 Landscaping

5.72 It is important to note at this stage that there are no trees or vegetation in situ. The proposed landscaping scheme provides landscaping proposals for both hard and soft elements. The hard landscaping within the site will include mostly permeable paving that would be Kilsaran in Curragh gold, while permeable paving would be used for the car parking spaces that would be Charcoal in colour. Marshalls standard flags and textured flags would be used for pedestrian routes through the site. A wide variety of trees and vegetation would be used throughout the site and as a matter of course the Local Planning Authority has sought advice from the Head of Streetscene (Landscaping Officer) resulting in no objections being received. Gwent Wildlife Trust has requested enhanced landscaping to provide increased benefit to wildlife. A condition is proposed to achieve an increase in biodiversity within the area through planting.

5.73 Drainage

5.74 Policy SP4 relates to water resources and states that “development proposals should minimise water consumption, protect water quality during and after construction and result in no net increase in surface water run-off through the sustainable management of water resources by:

i) the use of sustainable drainage systems; ii) the reuse of water and reduction of surface water run-off through high quality designed developments; iii) careful consideration of the impact upon finite water resources, particularly in terms of increased pressures on abstraction and the impact of climate change. iv) ensuring development is appropriately located and phased so that there is capacity in the waste water, sewerage and water supply as well as the protection of water quality.”

5.75 Within the submission it is noted that foul sewerage would be disposed of through the mains sewer, while the scheme would discharge surface water into the River Usk. As a matter of course the Local Planning Authority has sought advice from the Head of Streetscene & City Services (Drainage Manager), which has resulted in no objections being received. It is explained that it is confirmed that “private drainage is to conform to BS8301 and Part H of the building regulations, which is acceptable.” The submitted Drainage Strategy and the associated calculations are also acceptable as it has taken into account design and calculations of the storage capacity required. Furthermore, the majority of the piped drainage and the storm cell attenuation tanks are to be adopted under a section 104 agreement. Welsh Water has also been consulted over the proposed drainage, resulting in the details being acceptable in principle subject to conditions regarding sewerage. It is also explained that there are “no problems with waste water treatment works for the treatment of domestic discharges from this site, while no problems are envisaged with the provision of water supply for this development.”

5.76 Contaminated land

5.77 Policy GP7 explains that “development will not be permitted which would cause or result in unacceptable harm to health because of land contamination, dust, instability or subsidence, air, heat, noise or light pollution, flooding, water pollution, or any other identified risk to environment, local amenity or public health and safety.”

5.78 As a matter of course the Local Planning Authority has sought specialist advice from the Head of Law & Regulation (Environmental Health), which has resulted in no objections being received. It was noted that “the proposed dwellings are set too far back from Clarence Place to justify the requirement for an air quality assessment. It is also considered that the development will not generate a huge amount of traffic. Contaminated land conditions should be attached to any approval granted. The Local Planning Authority also sought comments from Natural Resources Wales (NRW). They explained that “we cannot agree with the piling risk assessment as a whole without a complete and comprehensive understanding of the presence of contamination and its relation to the proposed piling locations. It is necessary to provide details of any proposed groundwater monitoring to be undertaken throughout works including locations, frequency and the sampling suite to be employed for analysis.” In addition, NRW have also outlined that “based on the Ground Investigation Summary report provided there is evidence of residual contamination of groundwater; however it is not clear whether contamination related to perched groundwater or groundwater at depth or both. Therefore we cannot assess the risk that may result from piling. Depths of the proposed piling are not provided. It is important to outline piling will penetrate to bedrock, potentially opening pathways to the deeper groundwater aquifer previously separated by low permeability alluvium and clay.” As a consequence NRW have recommended that a number of conditions are attached to any permission granted.

6. OTHER CONSIDERATIONS 6.1 Crime and Disorder Act 1998

Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area. This duty has been considered in the evaluation of this application. It is considered that there would be no significant or unacceptable increase in crime and disorder as a result of the proposed decision.

6.2 Equality Act 2010

The Equality Act 2010 identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership.

7. CONCLUSION 7.1 The principle of development can be established in this instance for reasons of the legitimate fallback position that the site currently benefits from and which must carry significant weight, and that the required planning obligations will be delivered by a Deed of Variation to the already signed Section 106 Agreement. Turning to other matters such as design, scale, bulk/massing drainage and residential amenity issues, these are all deemed to be acceptable and adhere to the aforementioned planning policies. With regards to highway matters it is noted that there will be a shortfall in the number of off road parking spaces being provided. Despite this, it is deemed that the significant benefits to Newport in the form of regeneration outweigh the harm caused.

8. DECISION

GRANTED WITH CONDITIONS SUBJECT TO SECTION 106 LEGAL AGREEMENT DEED OF VARIATION

1 The development hereby permitted shall not be carried out otherwise than in complete accordance with the approved plans and associated documents submitted with the application. The approved plans and documents for this development are:-

The Design and Access Statement, 0513-108, 0513/321, 0513/304, 0513/322A, 0513/301A, 0513/402, 0513/401A, TD-02, 0513/303, 0513-102, 0513-104, 0513-107, 0513-200, 0513-201, 0513-201-1, 0513-202, 0513-203, 0513-204, 0513-205, 0513-206, 0513-207, 0513-208, 0513- 209, 0513-210, 0513-211, 0513-212, 0513-213, 0513-214, 0513-215, 0513-216, 0513-217, 0513- 218, 0513-219, 0513-220, 0513-221, 0513-222, 0513-223, 0513-224, 0513-225, 0513-226, 0513- 227, 0513-228, 0513-229, 0513-230, 0513-231, 0513-232, 0513-233, 0513-234, 0513-235, 0513- 236, 0513-237, 0513-238, 0513-239, 0513-240, 0513-241, 0513-242, 0513-243, 0513-244, 0513- 245, 0513-246, 0513-247, 0513-248, 0513-249, 0513-250, 0513-102, 0513-103, 1198 A6 04 C, 1198 A6 03 C, 1198 A6 02 C, 1198 A6 01 C, 0513-320 (excluding reference to PC33 house type, which has been changed to PB33G), 0513-109, 0513-106, 0513-105, 513-101 along with the Addendum to Environmental Statement November 2014 Asbri Planning. Reason: To ensure that the approved development is carried out in complete accordance with the approved plans and documents.

Pre commencement conditions

2 Prior to any works commencing on site concerning surface water drainage, full details of any new outfalls shall be submitted to and approved in writing by the Local Planning Authority. The approved works shall be carried out in full and retained in perpetuity. The details submitted shall not include construction works within the River Usk SAC. Reason: To safeguard the conservation objectives of the River Usk SAC and SSSI.

3 Prior to the commencement of development approved by this planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the Local Planning Authority:

1. A preliminary risk assessment which has identified: - all previous uses - potential contaminants associated with those uses - a conceptual model of the site indicating sources, pathways and receptors - potentially unacceptable risks arising from contamination at the site. 2. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. 3. The site investigation results and the detailed risk assessment (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 4. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the express consent of the Local Planning Authority. The scheme shall be implemented as approved. Reason: The controlled waters at this site are of high environmental sensitivity since it is located within 100m of the River Usk which is a SSSI and SAC. The site also overlies a secondary A aquifer and contamination is strongly suspected at the site due to its historic industrial setting and past uses.

4 Prior to the commencement of construction of the superstructure for any buildings details of lighting for the buildings fronting the River Usk within that phase (including details of lux levels at the river level as a result of light spill) have been submitted to and approved by the Local Planning Authority. Should the lux levels prove unacceptable to the Local Planning Authority then details of mitigation shall be submitted to and approved in writing by the Local Planning Authority. The lighting, and if necessary any mitigation measures, shall be implemented in accordance with the approved details prior to the occupation of any unit and thereafter maintained as such. Reason: to safeguard the conservation objectives of the River Usk Special Area of Conservation and in the interests of the visual appearance of the area.

5 No development (other than piling or demolition) shall commence until: a) Based on the findings of previous site investigations listed in the November 2014 Environmental Statement addendum and unless otherwise agreed in writing by the Local Planning Authority as unnecessary, a Remediation Strategy, including Method statement and full Risk Assessment shall be submitted to and approved in writing by the Local Planning Authority. No part of the development hereby permitted shall be occupied until: b) Following remediation a Completion/Verification Report, confirming the remediation has being carried out in accordance with the approved details, shall be submitted to, and approved in writing by, the Local Planning Authority. c) Any additional or unforeseen contamination encountered during the development shall be notified to the Local Planning Authority as soon as is practicable. Suitable revision of the remediation strategy shall be submitted to and approved in writing by the Local Planning Authority and the revised strategy shall be fully implemented prior to further works continuing. Reason: To ensure that any potential risks to human health or the wider environment which may arise as a result of potential land contamination are satisfactorily addressed.

6 No development, to include demolition, shall commence until a Construction Management Plan (CMP) has been submitted to and approved in writing by the Local Planning Authority. The CMP shall include details of the following during development:

- wheel washing facilities; -contractor parking areas and - construction/demolition vehicular movements.

Development works shall be implemented in accordance with the approved CMP.

Reason: To protect the amenities of nearby residents. 7 No development, including demolition, shall commence until details and plans showing the finished slab level of the building(s) hereby approved, together with cross sections through the site, have been submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken in accordance with the approved details. Reason: In the interests of visual amenities.

Pre occupation conditions

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

9 Notwithstanding the details submitted, prior to the occupation of any dwelling additional landscaping details shall be submitted to and approved in writing by the Local Planning Authority specifically concerning the wildflower and soft landscaped areas. The information required shall include the seed to be used and the management strategy for the areas along with details for enhanced native plant species. The approved scheme shall be carried out in its entirety by a date not later than the end of the full planting season immediately following the completion of the development. Thereafter, the wildflower areas and native plant species shall be maintained for a period of 5 years from the date of planting in accordance with an agreed management schedule. Any wildflower or landscaped areas which die or are damaged shall be replaced and maintained until satisfactorily established. For the purposes of this condition, a full planting season shall mean the period from October to April. Reason: To safeguard the rights of control of the Local Planning Authority in these respects and to ensure that the site is landscaped in a satisfactory manner.

10 Prior to the first use of the Block E hereby approved, the rear elevation windows serving the bedrooms and marked on drawing number 0513-235 shall be fitted with obscure glazing, be fitted with window restrictors as marked on drawing number 0513-235 and shall be retained in that state thereafter in perpetuity. Reason: To protect the privacy of adjoining occupiers.

11 Prior to occupation of any dwelling the hereby approved boundary treatments illustrated under drawing number 0513-104, 0513-106 and 0513-108 shall be implemented in full and retained in perpetuity. Reason: To protect residential amenity and ensure a satisfactory form of development.

12 Prior to the occupation of any dwelling the hereby approved bin/cycle storage provision as illustrated under drawing number 0513-109 and 0513-108 shall be implemented in full and retained in perpetuity. Reason: To achieve a satisfactory form of development and to ensure that sustainable transport storage methods are delivered.

General

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

14 No surface water/land drainage run off 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.

15 The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Consequences Assessment (FCA): Addendum Environmental Statement produced by Asbri Planning dated November 2014. Reason: To mitigate against the impact of flooding.

16 The hereby approved scheme shall fully accord with the implementation of the programme of archaeological work in accordance with the written scheme of investigation as approved under planning reference 07/1287 by the Local Planning Authority. Reason: The site is of archaeological interest.

17 Prior to the import to site, (and including exiting stockpiled material) soil material or aggregate used as clean fill or capping material, shall be chemically tested to demonstrate that it meets the relevant screening and/or remediation requirements for the proposed end use. This information shall be submitted to and approved in writing by the Local Planning Authority. No other fill material shall be imported onto the site. Reason: To ensure that any potential risks to human health or the wider environment which may arise as a result of potential land contamination area satisfactorily addressed.

18 The hereby approved development shall be constructed in accordance with the submitted Construction Environmental Management Plan (CEMP) as provided within the Addendum Environmental Statement (ES) dated November 2014. Reason: To protect the amenities of nearby residents and in the interests of ecology including European protected species and in the interest of safeguarding the features of the River Usk SAC.

19 Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through an oil interceptor or another mechanism that removes hydro-carbons from surface water the design and capacity of which shall be submitted to and approved in writing by the Local Planning Authority prior to its installation. The interceptor or other mechanism shall be installed as approved and shall be retained thereafter. Reason: To safeguard the conservation objectives to the River Usk Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI).

20 Any facilities for the storage of oils, fuels and chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there are multiple tanks the compound should be at least equivalent to the capacity of the largest tank or the combined capacity of inter- connected tanks plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund. Reason: To prevent pollution of the water environment.

21 There shall be no discharge of foul or contaminated drainage from the site into either groundwater or any surface waters, whether direct or via soakaways during either the construction or operational phases of development. Reason: To prevent pollution of the water environment and to safeguard the conservation objectives of the River Usk SAC and SSSI.

22 Prior to installation of any external lighting, details of such lighting (design of columns and how the lamp would be designed to demonstrate that there would be no light spillage across the River Usk SAC/SSSI) shall be submitted to and approved in writing by the Local Planning Authority. The lighting shall be implemented in accordance with the approved details and thereafter maintained as such.

Reason: To safeguard the conservation objectives of the River Usk SAC and SSSI and in the interests of the visual appearance of the area.

23 No work of excavation, land raising, or construction shall take place within 20 metres of the top of the riverbank between sunset and sunrise respectively unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure no disturbance is caused to otters migrating up or down the river during the periods of darkness in the interests of protecting the integrity of the River Usk SAC.

24 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 as amended (or any Order revoking or re-enacting that Order), Schedule 2, Part 1, no development within Classes A, B, or E shall be carried out without the prior written permission of the Local Planning Authority. Reason: To ensure that a satisfactory form of development takes place and to protect the amenities of occupiers of adjoining properties.

25 No works within the River associated with piling shall be undertaken during the period from 1 March to 30 June. Reason: To avoid disturbance during the main Shed and Lamprey spawning and migration period in the interests of protecting the integrity of the River Usk SAC.

NOTE TO APPLICANT

01 The development plan for Newport is the Newport Local Development Plan 2011-2026. Policies SP1, SP3, SP4, SP13, CE6, H1, H2, H3, H4, GP2, GP4, GP5, GP6 and GP7 were relevant to the determination of this application.

02 Developers should: 1. Follow the risk management framework provided in CLR11, Model Procedures for the Management of Land Contamination, when dealing with land affected by contamination. 2. Refer to Environment Agency document ‘Guiding Principles for Land Contamination’ for the type of information that we require in order to assess risks to controlled waters from the site. The Local Authority can advise on risk to other receptors, such as human health. 3. Refer to Groundwater protection: Principles and practice (GP3).

03 Natural Resources Wales recommends that developers should: 1. Follow the risk management framework provided in CLR11, Model Procedures for the Management of Land Contamination, when dealing with land affected by contamination; 2. Refer to Environment Agency document “Guiding Principles for Land Contamination” for the type of information that NRW require in order to assess risks to controlled waters from the site. The Local Planning Authority can advise on risk to other receptors, such as human health. 3. Refer to Groundwater protection: Principles and practice (GP3).

04 Any soil or hardcore that is imported onto the site must be free of the seeds/roots/stems of the invasive plant Japanese Knotweed, the spread of which is prohibited under the Wildlife and Countryside Act 1981.

05 If any controlled waste is to be removed from site, then the operator must ensure a registered waste carrier is used to convey the material to a regulated facility and retain all transfer notes for the material as stated in the Duty of Care Regulations. If waste is to be used on site then the operator is to ensure they have received the appropriate exemption or authorisation from Natural Resources Wales.

06 Foul water and surface water must be discharged separately from the site. No surface water or land drainage run off shall be allowed to connect to the public sewerage system.

APPENDIX A

4. CONSERVATION OBJECTIVES

Background to Conservation Objectives: a. Outline of the legal context and purpose of conservation objectives. Conservation objectives are required by the 1992 ‘Habitats’ Directive (92/43/EEC). The aim of the Habitats Directives is the maintenance, or where appropriate the restoration of the ‘favourable conservation status’ of habitats and species features for which SACs and SPAs are designated (see Box 1).

In the broadest terms, 'favourable conservation status' means a feature is in satisfactory condition and all the things needed to keep it that way are in place for the foreseeable future. CCW considers that the concept of favourable conservation status provides a practical and legally robust basis for conservation objectives for Natura 2000 and Ramsar sites.

Achieving these objectives requires appropriate management and the control of factors that may cause deterioration of habitats or significant disturbance to species.

As well as the overall function of communication, Conservation objectives have a number of specific roles:

Conservation planning and management.

The conservation objectives guide management of sites, to maintain or restore the habitats and species in favourable condition.

Assessing plans and projects.

Article 6(3) of the ‘Habitats’ Directive requires appropriate assessment of proposed plans and projects against a site's conservation objectives. Subject to certain exceptions, plans or projects may not proceed unless it is established that they will not adversely affect the integrity of sites. This role for testing plans and projects also applies to the review of existing decisions and consents.

Monitoring and reporting.

The conservation objectives provide the basis for assessing the condition of a feature and the status of factors that affect it. CCW uses ‘performance indicators’ within the conservation objectives, as the basis for monitoring and reporting. Performance indicators are selected to provide useful information about the condition of a feature and the factors that affect it.

The conservation objectives in this document reflect CCW’s current information and understanding of the site and its features and their importance in an international context. The conservation objectives are subject to review by CCW in light of new knowledge. b. Format of the conservation objectives There is one conservation objective for each feature listed in part 3. Each conservation objective is a composite statement representing a site-specific description of what is considered to be the favourable conservation status of the feature. These statements apply to a whole feature as it occurs within the whole plan area, although section 3.2 sets out their relevance to individual management units.

Each conservation objective consists of the following two elements: 1. Vision for the feature

2. Performance indicators

As a result of the general practice developed and agreed within the UK Conservation Agencies, conservation objectives include performance indicators, the selection of which should be informed by JNCC guidance on Common Standards Monitoring1.

There is a critical need for clarity over the role of performance indicators within the conservation objectives. A conservation objective, because it includes the vision for the feature, has meaning and substance independently of the performance indicators, and is more than the sum of the performance indicators. The performance indicators are simply what make the conservation objectives measurable, and are thus part of, not a substitute for, the conservation objectives. Any feature attribute identified in the performance indicators should be represented in the vision for the feature, but not all elements of the vision for the feature will necessarily have corresponding performance indicators.

As well as describing the aspirations for the condition of the feature, the Vision section of each conservation objective contains a statement that the factors necessary to maintain those desired conditions are under control. Subject to technical, practical and resource constraints, factors which have an important influence on the condition of the feature are identified in the performance indicators.

The ecological status of the water course is a major determinant of FCS for all features. The required conservation objective for the water course is defined below.

4.1 Conservation Objective for the water course

The capacity of the habitats in the SAC to support each feature at near-natural population levels, as determined by predominantly unmodified ecological and hydromorphological processes and characteristics, should be maintained as far as possible, or restored where necessary.

The ecological status of the water environment should be sufficient to maintain a stable or increasing population of each feature. This will include elements of water quantity and quality, physical habitat and community composition and structure. It is anticipated that these limits will concur with the relevant standards used by the Review of Consents process given in Annexes 1- 3.

Flow regime, water quality and physical habitat should be maintained in, or restored as far as possible to, a near-natural state, in order to support the coherence of ecosystem structure and function across the whole area of the SAC.

All known breeding, spawning and nursery sites of species features should be maintained as suitable habitat as far as possible, except where natural processes cause them to change.

Flows, water quality, substrate quality and quantity at fish spawning sites and nursery areas will not be depleted by abstraction, discharges, engineering or gravel extraction activities or other impacts to the extent that these sites are damaged or destroyed.

The river planform and profile should be predominantly unmodified. Physical modifications having an adverse effect on the integrity of the SAC, including, but not limited to, revetments on active alluvial river banks using stone, concrete or waste materials, unsustainable extraction of gravel, addition or release of excessive quantities of fine sediment, will be avoided. River habitat SSSI features should be in favourable condition. In the case of the Usk Tributaries SSSI, the SAC habitat is not underpinned by a river habitat SSSI feature. In this case, the target is to maintain the characteristic physical features of the river channel, banks and riparian zone.

Artificial factors impacting on the capability of each species feature to occupy the full extent of its natural range should be modified where necessary to allow passage, e.g. weirs, bridge sills, acoustic barriers.

Natural factors such as waterfalls, which may limit the natural range of a species feature or dispersal between naturally isolated populations, should not be modified.

Flows during the normal migration periods of each migratory fish species feature will not be depleted by abstraction to the extent that passage upstream to spawning sites is hindered.

1 Web link: http://www.jncc.gov.uk/page-2199

Flow objectives for assessment points in the Usk Catchment Abstraction Management Strategy will be agreed between EA and CCW as necessary. It is anticipated that these limits will concur with the standards used by the Review of Consents process given in Annex 1 of this document.

Levels of nutrients, in particular phosphate, will be agreed between EA and CCW for each Water Framework Directive water body in the Usk SAC, and measures taken to maintain nutrients below these levels. It is anticipated that these limits will concur with the standards used by the Review of Consents process given in Annex 2 of this document.

Levels of water quality parameters that are known to affect the distribution and abundance of SAC features will be agreed between EA and CCW for each Water Framework Directive water body in the Usk SAC, and measures taken to maintain pollution below these levels. It is anticipated that these limits will concur with the standards used by the Review of Consents process given in Annex 3 of this document.

Potential sources of pollution not addressed in the Review of Consents, such as contaminated land, will be considered in assessing plans and projects.

Levels of suspended solids will be agreed between EA and CCW for each Water Framework Directive water body in the Usk SAC. Measures including, but not limited to, the control of suspended sediment generated by agriculture, forestry and engineering works, will be taken to maintain suspended solids below these levels.

4.2 Conservation Objective for Features 1-5:

- Sea lamprey Petromyzon marinus (EU Species Code: 1095);

- Brook lamprey Lampetra planeri (EU Species Code: 1096);

- River lamprey Lampetra fluviatilis (EU Species Code: 1099);

- Twaite shad Alosa fallax (EU Species Code: 1103);

- Allis shad Alosa alosa (EU Species Code: 1102);

- Atlantic salmon Salmo salar (EU Species Code: 1106);

- Bullhead Cottus gobio (EU Species Code: 1163) Vision for features 1-5 The vision for this feature is for it to be in a favourable conservation status, where all of the following conditions are satisfied:

FCS component Supporting information/current knowledge The conservation objective for the water Refer to sections 5.1 to 5.5 for current course as defined in 4.1 above must be assessments of feature populations. met. Entrainment in water abstractions directly The population of the feature in the SAC is impacts on population dynamics through stable or increasing over the long term. reduced recruitment and survival rates.

Fish stocking can adversely affect population dynamics through competition, predation, and alteration of population genetics and introduction of disease.

The natural range of the feature in the SAC Some reaches of the Usk SAC are more is neither being reduced nor is likely to be suitable for some features than others reduced for the foreseeable future. The e.g. the Senni has important populations natural range is taken to mean those of brook/river lamprey and salmon but is reaches where predominantly suitable not used by shad due to its small size habitat for each life stage exists over the and distance from the estuary. These long term. Suitable habitat is defined in differences influence the management terms of near-natural hydrological and priorities for individual reaches and are geomorphological processes and forms used to define the site units described in e.g. suitable flows to allow upstream section 3.2. Further details of feature migration, depth of water and substrate habitat suitability are given in section 5. In type at spawning sites, and ecosystem general, management for one feature is structure and functions e.g. food supply (as likely to be sympathetic for the other described in sections 2.2 and 5). features present in the river, provided that Suitable habitat need not be present the components of favourable throughout the SAC but where present conservation status for the water course must be secured for the foreseeable future. given in Section 4.1 are secured. Natural factors such as waterfalls may limit the natural range of individual species. The characteristic channel morphology Existing artificial influences on natural provides the diversity of water depths, range that cause an adverse effect on site current velocities and substrate types integrity, such as physical barriers to necessary to fulfil the habitat migration, will be assessed in view of 4.2.4 requirements of the features. The close proximity of different habitats facilitates There is, and will probably continue to be, a movement of fish to new preferred sufficiently large habitat to maintain the habitats with age. The presence of hard feature’s population in the SAC on a long- bank revetments in a number of active term basis. alluvial reaches e.g. through Brecon and upstream of Abergavenny, adversely affects the processes that maintain suitable habitat for the SAC features.

Hydrological processes in the Usk are currently affected by large abstractions, especially at Prioress Mill and Brecon Weir. However, there are many smaller abstractions not considered to cause a problem at present.

Shad and salmon migration can be affected by acoustic barriers and by high sediment loads, which can originate from a number of sources including construction works.

Allis and Twaite shad are affected by range contraction due to artificial barriers to migration in the Usk. It is likely that this loss of habitat affects their maintenance in the SAC on a long-term basis.

Performance indicators for features 1-5 The performance indicators are part of the conservation objective, not a substitute for it. Assessment of plans and projects must be based on the entire conservation objective, not just the performance indicators. Sea lamprey Petromyzon marinus : Performance indicators for feature condition

Attribute Specified Limits Comments Relevant Unit[s] (a) Distribution Suitable habitat This attribute provides 1-5 within catchment adjacent to or evidence of successful downstream of spawning and distribution known spawning trends. Spawning sites known sites should to have been used within the contain previous 10 years and Petromyzon historical sites ammocoetes. considered still to have suitable habitat, are shown in Annex 4. Spawning locations may move within and between sites due to natural processes or new sites may be discovered overtime. Silt beds downstream of all sites identified in Annex 4 will be sampled for presence or absence of ammocoetes. Where apparently suitable habitat at any site is unoccupied feature condition will be considered unfavourable .

(b) Ammocoete Ammocoetes This standard CSM attribute 2 - 5 density should be present establishes a minimum in at least four occupied spawning range, sampling sites within any sampling period, of each not less than 15km. In the Usk, spawning 5km apart. sites within units 2 to 5 will be assessed against this attribute.

Overall catchment Although this attribute is not mean >0.1m-2 used in CSM for sea lamprey, (Harvey & Cowx baseline monitoring in the Usk 2003)1 gave an overall catchment mean of 2.27 ammocoetes m- 2 in suitable habitat2, therefore 0.1 m-2 is a conservative threshold value for unfavourable condition.

Brook lamprey Lampetra planeri and River lamprey Lampetra fluviatilis : Performance indicators for feature condition Attribute Specified Limits Comments Relevant Unit[s] (a) Age/size Samples < 50 This gives an indication of 2-10 structure of ammocoetes ~ 2 recruitment to the population ammocoete size classes over the several years population receding the survey. Failure of Samples > 50 one or more years recruitment ammocoetes ~ at may be due to either short or least 3 size long term impacts or natural classes factors such as natural flow variability, therefore would trigger further investigation of the cause rather than leading automatically to an unfavourable condition assessment.

(b) Distribution of Present at not less The combined natural range of 2-10 ammocoetes within that 2/3 of sites these two species in terms of catchment surveyed within ammocoete distribution natural range includes all units above the tidal limit i.e. all except unit 1. Presence at less than 2/3 of sample sites will lead to an unfavourable condition assessment.

No reduction in Reduction in distribution will distribution of be defined as absence of ammocoetes ammocoetes from all samples within a single unit or sub- unit/tributary, and will lead to an unfavourable condition assessment.

(c) Ammocoete Optimal habitat: Optimal habitat comprises 2-10 density >10m-2 beds of stable fine sediment or sand >15cm deep, low water Overall catchment velocity and the presence of mean: >5m-2 organic detritus, as well as, in the Usk, shallower sediment, often patchy and interspersed among coarser substrate.

Twaite shad Alosa fallax and Allis shad Alosa alosa : Performance indicators for feature condition Attribute Specified Limits Comments Relevant Unit[s] (a) Spawning No decline in Spawning distribution is 1-5 distribution spawning assessed by kick sampling for distribution eggs and/or observations of spawning adults. A representative sample of sites within units 2 to 5 will be monitored at 3 yearly intervals. Absence from any site in 2 consecutive surveys will result in an unfavourable condition assessment.

Performance indicators for factors affecting the feature (a) Flow Targets are set in Targets equate to those levels 1-5 Relation to agreed and used in the Review river/reach of Consents (see Annex 1). type(s) Shad are particularly sensitive to flow. The ideal regime is one of relatively high flows in March-May, to stimulate migration and allow maximum penetration of adults upstream, followed by rather low flows in June-September, which ensures that the juveniles are not washed prematurely into saline waters and grow rapidly under warmer conditions. The release of freshets to encourage salmonid migration should therefore be discouraged on shad rivers during this period.

Atlantic salmon Salmo salar: Performance indicators for feature condition (a) Adult run size Conservation Limit CSM guidance states: Total All complied with at run size at least matching an least four years in agreed reference level, five (see 5.4) including a seasonal pattern of migration characteristic of the river and maintenance of the multi-seawinter component.

As there is no fish counter in the Usk, adult run size is calculated using rod catch data. Further details can be found in the EA Usk Salmon Action Plan.

(b)Juvenile densities Expected densities CSM guidance states: These 6-10 for each sample should not differ significantly site using from those expected for the HABSCORE river type/reach under conditions of high physical and chemical quality. Assessed using electro fishing data.

Performance indicators for factors affecting the feature: Water quality (a) Biological quality Biological GQA This is the class required in the 6-10 class A CSM guidance for Atlantic salmon, the most sensitive feature.

(b) Chemical quality RE1 It has been agreed through the All Review of Consents process that RE1 will be used throughout the SAC [see Annex 3].

Performance indicators for factors affecting the feature: Hydromorphology (a) Flow Targets are set in Targets equate to those levels All relation to agreed and used in the Review river/reach type(s) of Consents [see Annex 1].

Bullhead Cottus gobio: Performance indicators for feature condition a) Adult densities No less than 0.2 CSM guidance states that 2-10 m-2 in sampled densities should be no less reaches than 0.2 m -2 in upland rivers (source altitude >100m) and 0.5 m-2 in lowland rivers (source altitude ÿm). A significant reduction in densities may also lead to an unfavourable condition assessment.

(b) Distribution Bullheads should Suitable reaches will be 2-10 be present in all mapped using fluvial audit suitable reaches. information validated using the As a minimum, no results of population decline in monitoring. Absence of distribution from bullheads from any of these current reaches, or from any previously occupied reach, revealed by ongoing monitoring will result in an unfavourable condition assessment. (c) Young-of-year fish This gives an indication of 2-10 Reproduction/age should occur at successful recruitment and a structure densities at least healthy population structure. equal to adults Failure of this attribute on its own would not lead to an unfavourable condition assessment. 4.3 Conservation Objective for Feature 6: - European otter Lutra lutra (EU Species Code: 1355) Vision for feature 6 The vision for this feature is for it to be in a favourable conservation status, where all of the following conditions are satisfied: FCS component Supporting information/current knowledge The population of otters in the SAC is Refer to section 5.9 for current assessment stable or increasing over the long term of feature population. and reflects the natural carrying capacity of the habitat within the SAC, as Survey information shows that otters are determined by natural levels of prey widely distributed in the Usk catchment. abundance and associated territorial While the breeding population in the Usk is behaviour. The natural range of otters in not currently considered to limited by the the SAC is neither being reduced nor is availability of suitable breeding sites, there likely to be reduced for the foreseeable is some uncertainty over the number of future. The natural range is taken to breeding territories which the SAC is mean those reaches that are potentially capable of supporting given near-natural suitable to form part of a breeding levels of prey abundance. territory and/or provide routes between breeding territories. The whole area of the The decline in eel populations may be Usk SAC is considered to form potentially having an adverse effect on the population suitable breeding habitat for otters. of otters in the Usk. The size of breeding territories may vary depending on prey abundance. The Restrictions on the movement of otters population size should not be limited by around the SAC, and between adjoining the availability of suitable undisturbed sites are currently a particular concern in breeding sites. Where these are the reach through Newport as a result of a insufficient they should be created continued decrease in undisturbed suitable through habitat enhancement and where riparian habitat. necessary the provision of artificial holts. No otter breeding site should be subject to a level of disturbance that could have an adverse effect on breeding success. Where necessary, potentially harmful levels of disturbance must be managed.

The safe movement and dispersal of individuals around the SAC is facilitated by the provision, where necessary, of suitable riparian habitat, and underpasses, ledges, fencing etc. at road bridges and other artificial barriers.

Performance indicators for feature 6 The performance indicators are part of the conservation objective, not a substitute for it. Assessment of plans and projects must be based on the entire conservation objective, not just the performance indicators.

Attribute Specified Limits Comments Relevant Unit(s) Performance indicators for feature condition (a) Distribution Otter signs present at Ref: CCW Environmental All 90% of Otter Survey of Monitoring Report No. 19 Wales sites (2005)3

(b) Breeding 2 reports of cub/family Ref: CCW Environmental All activity sightings at least 1 year Monitoring Report No. 19 in 6 (2005)3

(c) Actual and No decline in number Ref: CCW Environmental All potential and quality of mapped Monitoring Report No. 19 breeding sites breeding sites in (2005)3 subcatchments (see Ref) In the Usk catchment, 77 actual or potential breeding sites have been identified, distributed throughout the catchment on the main river and tributaries.

APPLICATION DETAILS

No: 24 15/0179 Ward: VICTORIA

Type: ADVERT CONSENT

Expiry Date: 09-APR-2015

Applicant: MR ROBERT MEAD, CHURNGOLD CONSTRUCTION

Site: 138, DUCKPOOL ROAD, NEWPORT, NP19 8FH

Proposal: ERECTION OF 2NO. NON-ILLUMINATED FASCIA SIGNS

DECISION: GRANTED

1. CONSULTATIONS 1.1 None.

2. INTERNAL COUNCIL ADVICE 2.1 HEAD OF STREETSCENE (HIGHWAYS): No objection.

3. REPRESENTATIONS 3.1 None.

4. RELEVANT SITE HISTORY

15/0178 CHANGE OF USE OF GROUND FLOOR PUB TO Invalid OFFICES (B1) AND RENOVATION AND EXTENSION OF FIRST FLOOR ACCOMMODATION TO PROVIDE A SELF CONTAINED FLAT

5. ASSESSMENT 5.1 This application seeks advertisement consent for the erection of 2no non-illuminated fascia signs at 138 Duckpool Road.

5.2 An application for the change of use of the unit from a public house to offices has also been submitted but is currently invalid.

5.3 The fascia signs would measure 0.5m x 2.4m and 0.5m x 1.5m. The depths of both signs would be 100mm. One sign would be 2.2m above ground level over a rear access and the other would be 3.2m above ground level above the front entrance. Both signs would feature yellow text against a red background. The signage would replace the existing pub signage.

5.4 Policy GP6 – General Development Principles of the adopted Local Development Plan is relevant to the proposals. It seeks a high quality of design in all forms of development. It is considered that the signs would accord with this policy being of a suitable scale and sensitevely located on this commercial property. As a result of this, despite the buildings location within a predominantly residential area, the proposed signage would not result in a detrimental impact to the character of the building or the area. The proposed signage is considered to be acceptable.

7. CONCLUSION 7.1 The signs are considered to be acceptable and the application is granted.

8. DECISION

GRANTED

NOTE TO APPLICANT

01 This decision relates to plan Nos: R194-02A1, R194-01A1.

02 The development plan for Newport is the Newport Local Development Plan 2011 – 2026 (Adopted January 2015). Policy GP6 was relevant to the determination of this application.

Beverly Owen Head of Regeneration, Investment and Housing Pennaeth Adfywio, Buddsoddi a Thai