LOCAL MEMBER OBJECTION
COMMITTEE DATE: 14/07/2010
APPLICATION No. 08/1759/E APPLICATION DATE: 18/07/2008
ED: SPLOTT
APP: TYPE: Outline Planning Permission
APPLICANT: Mr S Maroufi’ LOCATION: The Grosvenor Hotel, South Park Road, Splott, Cardiff PROPOSAL: DEMOLITION OF EXISTING BUILDING AND RE- DEVELOPMENT TO CREATE 22 NO FLATS IN 3/4 NO STOREYS AT GROUND FLOOR LEVEL AND ABOVE, WITH CAR PARKING AND CYCLE STORAGE AT BASEMENT LEVEL ______
RECOMMENDATION1: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraphs 8.8 and 8.13 of the Chief Strategic Planning and Environment Officer's report planning permission be GRANTED subject to the following conditions:
1. F00 Standard outline
2. The consent relates to the application as amended by the revised plans numbered 1B, 2C, 3C, 4C, 5B, 6B, 7A, 8B & 9B attached to and forming part of this planning application. Reason: The plans amend and form part of the application.
3. The ground, first and second floor windows on the side elevation facing 196 Moorland Road shall be non opening below a height of 1.8 metres above internal floor level and glazed with obscure glass and thereafter be so maintained. Reason: To ensure that the privacy of adjoining occupiers is protected.
4. C2F Details of Floor and Ground Levels
5. D3D Maintenance of Parking Within Site
6. The 22 no. cycle parking spaces hereby approved shall be provided prior to the development being put into beneficial use. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the secure parking of cycles.
1 7. No development shall take place until ground permeability tests have been undertaken to ascertain whether sustainable drainage techniques can be utilised and a scheme for the drainage of the site and any connection to the existing drainage system has been submitted to and approved in writing by the Local Planning Authority. No part of the development shall be occupied until the scheme is carried out and completed as approved. Reason: To ensure an orderly form of development.
8. Details submitted in pursuance of condition 5 shall ensure:
(i) The development permitted by this planning permission shall be carried out in accordance with the Flood Consequences Assessment submitted by RVW Consulting dated October 2009, which includes the specific requirement that finished floor levels shall be set no lower than 7 metres above Ordnance Datum (AOD), as stated in Section 1; (ii) The inclusion of measures to be taken to protect the basement level of the development from flooding generated by the sewerage system or otherwise; (iii) Sewerage flows generated by the proposed development shall be no greater than that of the existing site use. 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.
9. C7S Details of Refuse Storage
10. H7G Plant Noise
11. C7Z Contaminated Land Measures
12. D7Z Contaminated materials
13. E1B Samples of Materials
14. D4A Landscape Scheme
15. E4A Implementation of Landscape Scheme
16. C5A Construction of Site Enclosure
17. Prior to the commencement of development full details of the access gates to the site shall be submitted to and approved in writing by the local planning authority. The gates shall be constructed in accordance with the approved details and retained thereafter. Reason: In the interests of visual amenity.
18. Within 1 month of the completion of demolition, all rubble and other waste shall be removed from the site, which shall subsequently be
2 maintained in a tidy condition free from litter and other refuse. Reason: In the interests of visual amenity.
19. During demolition work, dust control measures shall be implemented on site, in accordance with a scheme to be submitted and approved in writing by the local planning authority prior to the commencement of demolition. Reason: To protect the amenities of residential occupiers adjacent to the site.
20. No part of the demolition hereby permitted shall be commenced until details of the temporary means of site enclosure have been submitted to and approved by the local planning authority. The temporary means of site enclosure shall be constructed in accordance with the approved details prior to the commencement of demolition works and thereafter the enclosures shall be maintained for the duration of the construction works. Reason: To ensure the safety of the occupiers of nearby residential properties is protected.
21. No part of the demolition hereby permitted shall be commenced until details of the method of protection of the exposed ends of the adjoining property at 5 South Park Road have been submitted to and approved in writing by the local planning authority. The exposed ends of this adjoining property shall be protected in accordance with the approved details immediately following the demolition of the buildings. Reason: To ensure the protection of the adjoining properties.
22. All balconies constructed to the building hereby approved shall each have a floorspace of at least 5 square metres. Reason: To accord with the 'Residential Design Guide' Supplementary Planning Guidance (March 2008).
RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.
RECOMMENDATION 3: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for
(i) determining the extent and effects of such constraints and;
3 (ii) safe development and secure occupancy of the site rests with the developer.
Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.
The local planning authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.
RECOMMENDATION 4: That the developer be advised that where any species listed under Schedules 2 or 4 of The Conservation (Natural Habitats etc.) Regulations 1994 is present on the site in respect of which this permission is hereby granted, no works of site clearance, demolition or construction shall take place in pursuance of this permission unless a licence to disturb any such species has been granted in accordance with the aforementioned Regulations and a copy thereof has been produced to the local planning authority.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 Outline planning permission is sought for the demolition of the existing building known as “The Grosvenor Hotel” and its re-development to create 22 no. flats in 3/4 no. storeys at ground floor level and above, with car parking, refuse storage and cycle storage at basement level.
1.2 The application has been submitted following a course of pre-application discussions which began in January 2007, culminating in the submission of the application on 18 July 2008. Siting and access are matters for consideration at this outline stage. Design, appearance and landscaping are matters reserved for subsequent approval.
1.3 The agent submitted amendments to the application in February 2009. The amended proposals, comprising a full set of indicative floor plans and elevations, consists of the following key features:
(i) Part three-storey/part four-storey building comprising 22 no. flats (excluding basement); (ii) Three-storey elements adjoining 5 South Park Road and fronting onto Moorland Road; (iii) The proposed building would not exceed the height of the existing building; (iv) Provision of balconies to every flat (5 square metres in floorspace); (v) Vehicular access onto Moorland Road; (vi) Secure basement parking for 21 no. vehicles, 22 no. cycle parking spaces and general storage area (approximately 32 square metres).
1.4 The following documents have been submitted in support of the application:
4 (i) Design and Access Statement; (ii) Flood Consequences Assessment; and (iii) Bat Survey.
2. DESCRIPTION OF SITE
2.1 The site comprises the existing “Grosvenor Hotel,” dating from the Victorian era, prominently positioned at the junction between Splott Road, South Park Road, and Moorland Road. The building is not protected by listing.
2.2 The site is located within an area at risk from flooding, according to the Environment Agency’s flood risk information.
2.3 Vehicular access to the site is currently served from Moorland Road. The junction with Splott Road is blocked up.
2.4 The area surrounding the site is primarily residential terraced housing also dating from the Victorian era. The Splott Road/Carlisle Street local shopping centre is approximately 300 metres northwest of the site.
3. SITE HISTORY
3.1 A/93/0121/R: Consent granted in August 1993 for one double sided illuminated projecting sign.
3.2 A/93/0030/R: Consent granted in April 1993 for signs.
3.3 86/1595: Permission granted in September 1986 to carry out remedial works (sealing windows, roof repairs etc).
3.4 11411 : Permission granted in July 1955 for alterations.
4. POLICY FRAMEWORK
4.1 The site is located on land identified as housing on the Local Plan Proposals Map.
4.2 Planning Policy Wales (June 2010)
4.3 Technical Advice Notes (TANs):
5 Nature Conservation and Planning (2009) 12 Design (2009) 15 Development and Flood Risk (2004)
4.4 South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011:
EV1 Towards Sustainable Development MV2 Commuted Payments
5 MV11 Parking CL2 Flooding Risk U1 Provision of Utility Services
4.5 The following Policies from the City of Cardiff Local Plan (January 1996) are of relevance:
9 Development in Areas at Risk from Flooding 11 Design and Aesthetic Quality 17 Parking and Servicing Facilities 18 Provision for Cyclists 19 Provision for Pedestrians 20 Provision for Special Needs Groups 31 Residential Open Space Requirement
4.6 The following Policies from the deposit Unitary Development Plan (October 2003) are also of relevance:
1A General Principles for the Location of Development 1B Achieving Good Design 1C Planning Obligations 1K Movement and Transport Priorities 1N Car Parking 2.20 Good Design 2.24 Residential Amenity 2.26 Provision for Open Space, Recreation and Leisure 2.48 Biodiversity 2.57 Access, Circulation and Parking Requirements 2.62 Development of Flood Risk
4.7 The following Supplementary Planning Guidance documents are relevant:
Access, Circulation and Parking Requirements (2006) Residential Design Guide (2008) Biodiversity (2006) Waste Collection and Storage Facilities (2007)
5. INTERNAL CONSULTEES RESPONSES
5.1 The Chief Highways and Waste Management Officer (Drainage Division) has no objection in principle and advises that, where ground conditions are suitable, surface water should be drained via sustainable drainage techniques such as permeable paving or soakaways. Accordingly, he recommends that any permission that may be granted is appropriately conditioned. Regarding the submitted Flood Consequences Assessment for the site, he considers the conclusions to be reasonable in this instance. However he also advises that the comments of the Environment Agency should be sought and implemented as appropriate.
6 5.2 The Strategic Planning Manager (Ecology) considered that it was essential that the presence or otherwise of protected species, and the extent that they may be affected by the proposed development, was established prior to the determination of the application. Subsequently, he has accepted the findings of the submitted bat assessment which conclude that it is unlikely that bats are using the building.
5.3 The Strategic Planning Manager (Design) comments on the amended plans as follows:
(i) he welcomes the amendment to include siting and access; (ii) whilst it is disappointing that the building will not be refurbished and converted, The Grosvenor is not a listed building nor is it on the Local List of Buildings of Architectural Merit. However, any scheme to redevelop this corner site should respect the adjoining Victorian residential architecture to form a cohesive development at the junction of Moorland Road and South Park Road. He remains concerned about the loss of the public house element in any redevelopment scheme as this would provide an active ground floor frontage. However, in any redevelopment scheme the building should provide a strong corner presence at the junction of Moorland Road/South Park Road. In line with the Cardiff Residential Design Guide SPG (approved March 2008) Buildings should turn corners where possible and feature active windows on flank elevations to avoid the creation of “dead spaces (paragraph 9.2). This issue should be addressed at the Reserved Matters stage; (iii) this application has been subject to various pre-application discussions and, whilst this is an outline application, the relationship with the two storey residential terrace on Moorland Road is important. The indicative plans show a 3 storey element here, stepped in from the existing building line, whilst maintaining a traditional roof form. This is considered to be an acceptable design approach; (iv) balconies are welcome as part of creating an interesting elevational treatment and providing useable amenity space. In line with the Cardiff Residential Design Guide SPG, balconies should be a minimum of 5m² to ensure they are useable. (para 2.2). The amended plans show that the balconies have been increased to 5 metres square each; (v) he notes that the relationship with the existing property at 5 South Park Road is improved with a reduction in ridge and eaves height; (vi) the current building has interesting fenestration treatment on all floors and the overall external materials and glazing details in any proposed scheme will be important; (vii) regarding the Design Statement, although he is disappointed that the building will not be refurbished and converted, he would concur with the applicant that in terms of practicality and costs, a redevelopment scheme is the preferred option; and (viii) the Design Statement outlines that the scheme respects the juxtaposition with its immediate neighbours and the siting and indicative elevations submitted indicate that it will respect the adjoining Victorian residential architecture to form a cohesive development at the junction of Moorland Road and South Park Road.
7
5.4 The Operational Manager, Waste Management is satisfied with the refuse storage arrangements, given that the application is an outline application only. A relevant condition to secure its provision is recommended.
5.5 The Operational Manager, Transportation has no objection in principle subject to conditions relating to the provision of off-street vehicle and cycle parking in accordance with the “Access, Circulation and Parking Requirements” Supplementary Planning Guidance (SPG). He notes the provision of 21 no. spaces to serve 22 no. flats (18 no. 1 bed and 4 no. 2 bed) and considers this to be an acceptable provision, mindful of the limited size of the flats and the location in an area of generally low levels of car ownership. In addition, he also requests a contribution of £3,120 towards public transport enhancement, which would be secured through a Section 106 Agreement.
5.6 The Parks Service advises that the proposed development is subject to Policy 31 of the Local Plan. As no recreation/play space is being provided on-site the developers will be required to make a financial contribution towards the provision of open space off-site or the improvement (including design and maintenance) of existing open space in the locality. He calculates the sum to be £28,285, which would be secured through the completion of a Section 106 Agreement.
5.7 The Operational Manager, Environment (Pollution Control) recommends conditions relating to plant noise, contaminated land measures, and imported materials, together with recommendations regarding construction site noise and contamination and unstable land.
5.8 The Strategic Planning Manager (Land Use Policy) has no objection as the site is within an existing residential area.
5.9 The Strategic Planning Manager (Conservation) advises that CADW considered the listing of the Grosvenor Hotel in 1997 (and again in 2005) and they saw no reason for revising their earlier decision not to list building.
6. EXTERNAL CONSULTEES RESPONSES
6.1 The Countryside Council for Wales does not object to the proposals, welcoming the submission of the bat survey report and concluding that the proposed works will not impact upon bats.
6.2 Welsh Water, having met with the applicant and the agent to discuss incidents of hydraulic overloading on the public sewerage system, has no objection to the proposals, subject to relevant conditions being attached to any planning permission that may be granted.
6.3 The Environment Agency has considered the submitted assessment of flooding consequences (FCA) produced by RVW Consulting (dated October 2009). The assessment shows that the risks and consequences of flooding could be acceptably managed in accordance with criteria set out in TAN15.
8 They therefore have no objection subject to the inclusion of conditions requiring development to be carried out in accordance with the approved FCA.
6.4 The South Wales Police Architectural Liaison Officer has no objections to the application. However, in view of recent crime figures for the area, he recommends that the following ‘designing out crime’ measures are implemented within the proposed scheme (this advice has been forwarded to the agent):
(i) recessed areas are avoided in the building line; (ii) defensible space should be designed around the development e.g. low topped walls and railings; (iii) a condition to ensure the development is built to ‘Secured by Design’ standards; and (iv) a secure cycle storage facility is recommended in the basement area.
7. REPRESENTATIONS
7.1 Local Members have been consulted on the amended plans. The following comments have been received from Councillor Cox:
(i) in respect of the amended plans, he notes that the parking provision has been reduced even further. Presently there are no provisions to control the levels of residential parking on Splott Road, especially as parking is becoming more problematic due to the high number of Houses in Multiple Occupation (HMOs) and converted family homes into 2 and 3 storey flats. He therefore suggests that contributions be sought to set up a system of residential parking within this area. He also considers that the Council should draw up a strategy to control the level of residential conversions along Splott Road and other areas within the Ward, which are wholly unsustainable for future generations; (ii) he queries the financial contributions that will be agreed and how the public transport contributions would combat the saturation of residential dwellings and therefore ease the current traffic and parking problems; (iii) he queries whether the contributions for public open space enhancements can be split equally between Moorland and Splott Parks, given that they are virtually equidistant from the development; (iv) he draws attention to a BBC news article relating to the campaign to save the Vulcan Hotel and to the Assembly’s Petitions Committee citing this campaign as an example of why new powers were needed to protect buildings in Wales with a ‘social or cultural significance.’ (v) requests a condition to require the flats to be sold on the open market; and (vi) queries whether there is a requirement for affordable housing within the scheme.
7.2 Councillor G Cox made the following points by letter to the Minister for Culture dated 23 February 2010 and requested that these be reported to Committee:
9 (i) the building is a significant Victorian landmark in the area and is of architectural interest; (ii) local residents have been vocal in their wish to see the hotel preserved; (iii) attempts to get CADW to list the building have not proved successful; (iv) attempts to get the area awarded conservation status have not met the criteria set by the local authority; and (v) requests that the Welsh Assembly Government can assist with preserving the hotel and its surrounding area by preventing demolition.
7.3 The proposals were advertised by site notice as a major application. The consultation period expired on 28 August 2008.
7.4 Local residents have been consulted on both the original submission and the amended plans. 36 no. letters of objection have been received from occupiers of properties on South Park Road, Splott Road, Hinton Street, Moorland Road, Courtenay Road, Habershon Street and Farmville Road. Their objections can be summarised as follows:
(i) proposals will cause a great deal of inconvenience including noise, disturbance and traffic disruption; (ii) the existing Victorian building is an historic and architectural landmark with a specific palette of materials. It should be protected through listing, preserved and restored as a landmark building rather than being demolished (e.g. the recent re-development of the former Moorland Hotel); (iii) over-development; (iv) existing infrastructure and services (including education and health facilities) cannot cope with 22 additional flats; (v) insufficient car parking is provided within the site leading to car parking problems in the locality; (vi) highway safety concerns due to Moorland Road being a ‘no through road’; (vii) increased traffic and congestion of highway network; (viii) lack of private amenity space except for balconies; (ix) loss of privacy for neighbouring occupiers through overlooking; (x) the building has not operated as a hotel for approximately 40 years; (xi) noise nuisance; (xii) risk of flooding to basement level; (xiii) bin storage adjacent to 5 South Park Road would be totally unacceptable; (xiv) proposed building not in keeping with surroundings; (xv) ‘bland’ design contrary to Local Plan Policy 11, deposit UDP Policy 2.20 and the Residential Design Guide SPG; (xvi) demand on public sewerage system between existing and proposed uses would be different; (xvii) only one bar at the premises which ceased trading in November 2007; (xviii) opposed to any affordable housing in the scheme as there is already sufficient in the area and it would not enhance the area; (xix) family housing is in demand not more flats; (xx) previous objections have not been addressed in the amended plans,
10 which merely show a reduction in car parking provision; (xxi) assumes existing building is being disregarded by the local authority due to its location within Splott; (xxii) wholeheartedly support the initiative to designate the locality as a conservation area; (xxiii) development of flats would not meet main housing need in the area. Family housing is required; (xxiv) development into flats is not sustainable in current economic climate; (xxv) depreciation in property values; (xxvi) loss of public house which is a community asset; (xxvii) loss of light to occupiers of 196 Moorland Road and Flat 1, 5 South Park Road; (xxviii) damage to foundations of neighbouring properties; (xxix) 22 no. cycle parking spaces are insufficient; (xxx) requests residents’ only parking be introduced; (xxxi) concerns if the development is not built. Requests timeline/end date be introduced as a clause to prevent building being ‘mothballed’; (xxxii) potential for vandalism and arson if building is demolished and remains undeveloped; (xxxiii) queries whether the Council has the resources to carry out a survey to establish the number of empty properties in the City and whether such information could be used in the ‘added value’ determination of a development; and (xxxiv) requests a payment, in addition to open space payment, under the legal agreement to improve landscaping outside the site.
7.5 Splott Communities First Partnership and Splotlands Credit Unit object to the proposals for the following reasons:
(i) the building is one of the few remaining buildings of historic and architectural merit within Splott, and therefore should be retained as a landmark building; (ii) they acknowledge that the hotel has suffered from a lack of maintenance and therefore it lends itself to a sympathetic residential conversion that would allow for the exterior to be improved e.g. the former Moorland Hotel re-development. This would also provide the opportunity for the retention of the ground floor as a public house (the existing is only 1 of 2 public houses available to local residents); (iii) the design and style of proposals are bland and without character compared to existing building, contrary to Local Plan Policy 11 and deposit UDP Policy 2.20; (iv) only 22 no. car parking spaces would be provided with no visitor parking spaces; (v) apart from balconies, no private amenity space is provided; (vi) loss of privacy for neighbouring properties, contrary to Policy 2.24 of the deposit UDP; and (vii) they request that the Council encourage the applicants to consider a more appropriate re-development of the building.
11 8. ANALYSIS
8.1 This application was previously reported to Committee on 14th July, 2010, where it was deferred to enable Members to undertake a site visit. The site visit took place on 2nd August, 2010.
8.2 The key considerations for this outline planning application are the potential to retain the existing building, the likely design and appearance of the new building, the likely impact upon neighbouring occupiers, the proposed access and parking arrangements, flood risk and drainage issues, and the potential impact on protected species.
8.3 Throughout the pre-application discussions and consultation on the application before Committee, the possibility of the retention and refurbishment of the existing building has been raised. Whilst it is accepted that the existing building, which is prominently positioned, has character dating from the Victorian era, the building is not listed nor is it on the Local List of Buildings of Architectural Merit. CADW have assessed the building on at least two occasions and found it to be not worthy of listing (see paragraph 5.9). There is therefore no justifiable planning reason to prevent the demolition of the existing building.
8.4 Whilst siting and access are the only matters for consideration at this outline stage, it is also appropriate to comment on the amended plans, which contain indicative floor plans and elevations. The amended proposals have reduced the eaves and roof heights of the proposed new building and are now comparable to the corresponding heights of the existing building. The part four-storey element has been achieved through lowering the internal floor/ceiling heights.
8.5 The indicative elevations show a range of materials and articulation to the prominent east and south elevations of the proposed building, with the building stepping up from three-storeys at the west and north to a four-storey building at the southeast corner. This design approach is in line with the advice of the Strategic Planning Manager (Design) (see paragraph 5.3), seeking to respect the Victorian character of the area by introducing a modern design that juxtaposes effectively with the neighbouring dwellings. Further assessment of the design and appearance of the building, including the use of materials, would have to take place at the ‘reserved matters’ stage.
8.6 The amended relationship with the adjoining property at 5 South Park Road shows the proposed height matching the height of the existing building and ensuring that the new building would be set a satisfactory distance away from the boundary with this neighbouring occupier. Rear balconies of 5 square metres are proposed to the rear elevations and those directly facing the rear garden of 5 South Park Road are shown to be at least 10 metres from the boundary with this neighbouring occupier. The amended relationship between the new building and 5 South Park Road is considered to be satisfactory and no adverse impact upon privacy or amenity is likely to occur. It should also be noted (see attached plan) that the likely footprint of the new building would be
12 sited approximately 8.5 metres further away from the rear garden of this neighbour and would therefore be likely to result in a significant improvement in amenity impact in comparison to the existing situation.
8.7 The building would also have a three-storey element on the frontage to Moorland Road which will match the eaves height of the existing Grosvenor Hotel. The indicative plans also show that the proposed building would be sited approximately 2.3 metres further away from the neighbouring property at 196 Moorland Road which is considered to be an improvement in the relationship with this neighbouring dwelling. The indicative elevations show 3 no. windows facing toward this neighbouring occupier and a condition is recommended to ensure no loss of privacy would occur.
8.8 It should be noted that the indicative balconies to the north and west elevations would be constructed with appropriate enclosures to ensure no loss of privacy would occur to neighbouring occupiers at 5 South Park Road and 196 Moorland Road. These balconies are considered to be acceptable, and will be fully assessed at ‘reserved matters’ stage. The balconies would each have a floorspace of 5 square metres in accordance with the “Residential Design Guide” Supplementary Planning Guidance (2008) and a relevant condition is attached to ensure this provision.
8.9 The Operational Manager has assessed the proposals and found the parking and access arrangements to be acceptable, subject to conditions retaining provision for parking cars and cycles (see paragraph 5.5). The agent has agreed to enter into a Section 106 Agreement with the Council to provide £3,120 towards public transport enhancement in line with current policy.
8.10 In respect of flood risk, the agents have submitted a Flood Consequences Assessment (FCA) at the request of the Environment Agency, given that the site is located within an area at risk from flooding. The Environment Agency have assessed the FCA and found it to be acceptable, subject to conditions.
8.11 Welsh Water originally expressed concern regarding the development and objected to the proposals, concluding that they would overload the existing public sewerage system. Following detailed discussions with the agents, they now consider that, provided relevant conditions are attached, their concerns can be addressed in a satisfactory manner and therefore they have removed their original objection.
8.12 The proposed refuse storage arrangements are considered to be acceptable, as advised by the Operational Manager, Waste Management (see paragraph 5.4). A relevant condition is attached.
8.13 The application has been held in abeyance for a significant time to enable bat surveys to be undertaken at the request of Countryside Council for Wales (CCW) and the Strategic Planning Manager (Ecology). The necessary surveys have been carried out and have found no evidence of bats within the existing building. CCW and the Strategic Planning Manager (Ecology) have confirmed that they have no objection to the proposals. A recommendation is attached
13 advising the developer to contact CCW should evidence of bats be found on site.
8.14 Current local planning policy requires new residential development to provide a satisfactory level and standard of open space. Where no on-site provision is proposed, an appropriate financial contribution is calculated and secured through the completion of a Section 106 Agreement. The agents have agreed to the contribution of £28,285 towards provision of open space off-site or the improvement (including design and maintenance) of existing open space in the locality.
8.15 Objections to the proposals have been received from Councillor G Cox, 36 no. local residents, Splott Communities’ First Partnership and Splotlands Credit Union. Some of these objections have already been addressed in this analysis section. However, the outstanding objections are addressed as follows:
(i) It is acknowledged that there is a demand for family housing in Cardiff. However, it is not appropriate to refuse this application on the basis that only flats are proposed. It is the applicant’s right to submit this application and it is the Council’s duty to determine it on its own planning merits. (ii) Regarding residents’ only parking in the vicinity, the Operational Manager, Transportation advises that it is not appropriate to seek this, as adequate off-street parking is provided within the development. The problems of finding a parking space on the surrounding road network are more likely to be caused by high levels of vehicle ownership. In these circumstances a resident parking scheme would not significantly improve the parking situation for residents, and whereas they currently park for free they would be charged for a facility which would offer little benefit. In addition, there are no generators of extraneous parking in the proximity of this part of Splott Road and there are currently no plans to introduce a resident permit parking scheme in this area; however a review of the residents permit parking scheme is currently on going. (iii) Concerning the spending of the public open space contribution, the Parks Services advises that it is usual practice for contributions to be spent in the Ward where development occurs, so both Moorland and Splott Parks may benefit equally. However no firm proposals have yet been made. (iv) The media coverage regarding the campaign to list ‘The Vulcan’ public house and the need for the protection of buildings with a ‘social or cultural significance’ is noted however Members will be aware that the decision was taken in 2009 not to list ‘The Vulcan’; (v) The Council’s Strategic Planning and Environment service is responsible for the designation of conservation areas across the city. In 2006 a city-wide appraisal was undertaken to establish if it was appropriate to designate additional conservation areas. Using the Council’s adopted criteria it was deemed that the area of Splott did not meet the criteria. Following Councillor Cox’s request (see paragraph
14 7.2 (iv)), officers undertook further site visits to re-assess the area and drew the same conclusions. (vi) Disturbance and nuisance during construction is noted. Relevant conditions are attached to control the demolition of the existing building and a recommendation is attached advising the developer of working hours permitted under the Control of Pollution Act 1974. (vii) The proposals are not considered to constitute an over-development of the site. The proposed footprint would be significantly smaller than the existing building and the indicative elevations show that the eaves and roof heights would be comparable to the existing building; (viii) It is not considered that the creation of an additional 22 no. flats would have a serious impact upon local facilities e.g. education and health services. (ix) Whether the building is currently in use or is vacant is not relevant. However the suggestion that the building has not operated as a hotel for approximately 40 years is noted. (x) The proposals would provide private apartments for sale on the open market. No affordable housing is included within the application (the Local Plan only requires the provision of affordable housing on developments exceeding 50 no. units). (xxxv) It is entirely inaccurate to assume that the local planning authority is ‘disregarding’ the existing building due to its location within Splott. (xxxvi) The current economic climate and possible impact upon property values are not relevant to the determination of this application, which must be determined on its own planning merits. (xxxvii) The loss of the existing public house is noted. However, other public houses exist within Splott; (xxxii) Any impact upon the foundations of neighbouring properties is a legal matter not a planning matter. The proposals would require Building Control approval who would have to ensure that the construction techniques are acceptable; (xxxiii) condition 1 imposes a time limit on the development to be commenced, failing which the permission will expire; (xxxiv) condition 20 requires site enclosures to secure the site during demolition and construction which will protect against vandalism and arson; (xxxv) a survey of empty homes in Cardiff is not required for the determination of this application; (xxxvi) all financial contributions, secured through the completion of a legal agreement, must be agreed in advance with the applicant and must meet the tests laid out in national planning policy i.e. contributions must be necessary, relevant to planning, directly related to the proposed development, fairly and reasonably related in scale and kind to the proposed development and reasonable in all other aspects. A contribution towards public realm improvement works outside the site is not considered to be necessary or reasonable in this instance; (xxxvii) conditions must meet the tests laid out in national planning policy. i.e. they must be necessary, relevant to planning, relevant to the development, enforceable, precise and reasonable in all other
15 aspects. It is not relevant whether the development will be sold on the open market; (xxxviii) concerning the provision of affordable housing, the current approach is to encourage an element of affordable provision on all developments of 25 or more units and require a provision on all developments of more than 50 units (see Policy 2.23 of the Deposit UDP (October 2003) and Policy 24 of the adopted City of Cardiff Local Plan (January 1996). The proposals do not meet these thresholds and therefore an affordable provision was not sought.
8.16 In conclusion, although the loss of the existing building is regrettable, the building is not listed and there is no justifiable planning reason to oppose its demolition. The proposals are considered to be acceptable in respect of their siting and access, parking arrangements, and indicative plans. Subject to relevant conditions and the completion of a legal agreement to secure the provision of contributions towards public transport enhancement and open space, it is recommended that outline planning permission be granted.
16 17 18 19 20 LOCAL MEMBER OBJECTION
COMMITTEE DATE: 11/08/2010
APPLICATION No. 10/699/E APPLICATION DATE: 23/04/2010
ED: HEATH
APP: TYPE: Full Planning Permission
APPLICANT: Mr J Stevens LOCATION: 129 KING GEORGE V DRIVE NORTH, HEATH, CARDIFF, CF14 4EL PROPOSAL: PROPOSED SIDE (TWO STOREY) EXTENSION SIDE DORMER AND REAR DORMER ______
RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:
1. C01 Statutory Time Limit
2. The consent relates to the application as amended by the revised plans numbered 10/1-02B attached to and forming part of this planning application. Reason: The plans amend and form part of the application.
3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no windows shall be inserted in the side elevation facing 130 King George V Drive other than those windows hereby approved. Reason: To ensure that the privacy of adjoining occupiers is protected.
4. The windows on the side elevation of the extension facing 130 King George V Drive shall be non opening below a height of 1.8 metres above internal floor level and glazed with obscure glass and thereafter be so maintained. Reason: To ensure that the privacy of adjoining occupiers is protected.
5. C7E Private Garage Use Only
6. D3D Maintenance of Parking Within Site
RECOMMENDATION 2: That the applicant be advised that no work should take place on or over the neighbour's land without the neighbour's express consent and this planning approval gives no such rights to undertake works on land outside the applicant’s ownership.
. RECOMMENDATION 3: That the applicant be advised to obtain the consent
21 of the Operational Manager, Street Operations prior to undertaking any works within the adopted highway.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 Planning permission is sought for a two-storey side extension, side dormer and rear dormer at 129 King George V Drive, Heath.
1.2 The proposed side extension would be 2.6 metres wide and would finish flush with the rear elevation of the original house. It would be set down from the hip roof of the original house, and would be set back approximately 400mm from the front elevation. It would abut the boundary with 130 King George V Drive.
1.3 Amended plans have been submitted to show a hip-roofed side dormer extension set back approximately 200mm from the side elevation of the existing dwelling and set down approximately 300mm from the roof ridge of the existing dwelling.
1.4 The proposed rear dormer has a gable roof design and would be set well away from the neighbour property at No. 128 and set down from the roof ridge.
1.5 The plans include proposals to widen the existing driveway to create 2 no. driveway spaces, creating a total of 3 no. off-street spaces.
2. DESCRIPTION OF SITE
2.1 The site comprises an extended hipped-roof semi-detached dwelling dating form the early post war period in a residential area containing dwellings of a variety of styles.
3. SITE HISTORY
3.1 06/1770/E: Permission granted in September 2006 for single-storey extension to rear to form new kitchen and family room.
4. POLICY FRAMEWORK
4.1 The site is on existing housing land as identified on the Local Plan Proposals Map.
4.2 The following policies form the City of Cardiff Local Plan (January 1996) are of relevance to the determination of this application:
11 Design and Aesthetic Quality 17 Parking and Servicing Facilities
4.3 The following Policies from the deposit Unitary Development Plan (October 2003) are also of relevance:
22 2.20 Good Design 2.24 Residential Amenity 2.57 Access, Circulation and Parking Requirements
4.4 Relevant Supplementary Planning Guidance:
Householder Design Guide (March 2007) Access, Circulation and Parking Requirements (June 2006)
5. INTERNAL CONSULTEES RESPONSES
5.1 The Operational Manager, Transportation, advises that 2 no. off street parking spaces are required to comply with guidelines and therefore he has no objection to the proposals subject to conditions maintaining parking within the site and retaining the proposed garage. He also advises of the need for an additional recommendation informing the applicant to obtain consent prior to undertaking any works in the adopted highway.
5.2 The Operational Manager, Environment (Pollution Control) has no objections.
6. EXTERNAL CONSULTEES RESPONSES
6.1 None.
7. REPRESENTATIONS
7.1 Local Members have been consulted and an objection has been received from Councillor F Bowden, who makes the following comments:
(i) she requests that a site visit takes place; (ii) the proposed development will significantly alter the appearance of the front elevation of the property and will be out of keeping with neighbouring properties in this part of King George V Drive. She accepts that this road has a mix of properties within its full length, but would like consideration to be given to the impact that any development of this kind would have on the street scene; (iii) this is a large development on the side elevation and will appear overbearing on the neighbouring property 130 King George V Drive given its close proximity and use of the party wall (for which the applicant would need to seek approval from the neighbour), and the rear extension that has only recently been erected. She questions the proposed viability of a garage (as illustrated) as it is very unlikely that any car would fit in it, and certainly the occupants would be unable to get out of it. She would like to ensure that any doubt as to the proposed usage of this space is clarified; (iv) loss of light to the adjoining property at 130 King George V Drive and it should be noted that two of the occupants of this house suffer from depression, and the development could cause further deterioration in their medical conditions.
23 7.2 Local residents have been consulted and objections have been received from the occupiers of 130 and 131 King George V Drive. Their objections are summarised as follows:
(i) proposals are not in keeping with neighbouring properties or the parkland setting; (ii) concern regarding creation of a ‘terracing’ effect; (iii) depreciation in property values; (iv) development, if implemented, would create a precedent; (v) car parking facilities would be compromised and lead to further on- street parking which would create access problems for emergency vehicles; (vi) noise nuisance; (vii) adverse impact on health; (viii) proposals would be overbearing, and in close proximity to the neighbour; (ix) loss of light; (x) the retention of 1 metre between the extension and the boundary has not been provided; (xi) footings for the development would encroach onto the property at No. 130; and (xii) any proposals to extend at No. 130 would be severely compromised.
8. ANALYSIS
8.1 This application was previously reported to Committee on 14th July, 2010, where it was deferred to enable Members to undertake a site visit. The site visit took place on Monday 2nd August, 2010.
8.2 The amended plans show the side dormer set back from the side elevation of the extension and redesigned to a hip-roofed design. Such amendments reflect the advice contained within the “Householder Design Guide” Supplementary Planning Guidance (March 2007) and serve to avoid the creation of a ‘terracing effect’ along this part of King George V Drive, as well as ensuring that the proposals retain the symmetry with the adjoining dwelling at No. 128. It is noted that external finishes would match the existing dwelling. It is considered that the amendments are satisfactory in respect of their design and appearance and accord with local planning policies and guidance.
8.3 The rear dormer would be set well within the existing roof space and is also considered to be acceptable in respect of its design and appearance.
8.4 The extension would abut the boundary with No. 130 and the impact upon the amenities of this neighbouring occupier must therefore, be considered. The attached site plan shows that the side extension and side dormer would be in line with the existing dwelling footprints along this part of King George V Drive. Given that no part of the side extension would protrude beyond the rear elevation of the existing house, it is not considered that the proposals would have an unacceptable impact upon the amenities of this neighbouring
24 occupier. Relevant conditions are attached to ensure that the privacy of this neighbouring occupier can be adequately safeguarded.
8.5 The submitted plans show the provision of 3 no. off-street parking spaces which are considered to be acceptable, as advised by the Operational Manager, Transportation (see paragraph 5.1). Relevant conditions are attached.
8.6 Concerning the objections of Councillor F Bowden and the neighbouring occupiers which have not already been addressed:
(i) there is a range of building styles and designs along King George V Drive and the proposals therefore cannot be deemed to be out of keeping with the locality, rather, due to its sensitive design, it is reasonable to state that the proposals are in keeping with the existing dwelling. Members should also note that permission was granted in July 1999 for a similar two-storey side extension at 180 King George V Drive (ref. 99/684N), This re-enforces the view that the proposals are in keeping with the surroundings; (ii) issues relating to the party wall are covered under separate legislation; (iii) the Operational Manager, Transportation, is content with the dimensions of the proposed garage which has the same internal width as a standard parking space and therefore considers that it is large enough to accommodate most models of car; (iv) it is not considered that an unacceptable loss of light would be incurred by the occupiers of No. 130; (v) any potential impact upon an individual’s health is not a relevant consideration for a house extension proposal; (vi) any impact on property values is not a material planning consideration; (vii) it is not considered that the amended proposals would create a precedent. Numerous extensions of similar styles exist across the city and are supported in policies and guidance; (viii) it is not considered that the proposals would result in congestion of the existing road network to such an extent that emergency vehicles are unable to access King George V Drive. The Operational Manager, Transportation is satisfied with the proposed arrangements; (ix) any concerns regarding noise nuisance, should they arise, would be addressed under separate legislation; (x) the “Householder Design Guide” Supplementary Planning Guidance states that “A minimum gap of approximately 1 metre between a two- storey side extension and the boundary will be sought where feasible…” (Page 11). In this case it is not considered to be feasible; (xi) Building Regulations approval is required prior to the commencement of development and the footings will be assessed under such an application; and, (xii) the proposals do not in any way prejudice any future extension to 130 King George V Drive. Any future application for this neighbouring property will be determined on its own planning merits.
25 8.7 It is therefore recommended that planning permission be granted, subject to relevant conditions.
26 27 28 LOCAL MEMBER OBJECTION
COMMITTEE DATE: 11/08/2010
APPLICATION No. 10/00744/E APPLICATION DATE: 28/04/2010
ED: LISVANE
APP: TYPE: Full Planning Permission
APPLICANT: Mr Jeff Prosser LOCATION: 85B MILL ROAD, LISVANE, CARDIFF, CF14 0UG PROPOSAL: TO EXTEND EXISTING GARAGE REMOVE EXISTING ROOF STRUCTURE & PROVIDE FIRST FLOOR ACCOMODATION FOR MASTER BEDROOM SUITE SINGLE STOREY EXTENSION TO NORTH ELEVATION TO EXTEND KITCHEN WITH FAMILY ROOM SINGLE STOREY EXTENSION TO WEST TO EXTEND LOUNGE & NEW PORCH EXTENSION & JULIET BALCONY
______
RECOMMENDATION: That planning permission be GRANTED subject to the following condition(s):
1. C01 Statutory Time Limit
2. The consent relates to the application as amended by the revised block plan received on 13th May 2010 and revised drawings numbered 10.022/2001revB and 10.022/2002revB attached to and forming part of this planning application. Reason: The plans amend and form part of the application.
3. The first floor windows on the north elevation shall be non opening below a height of 1.8 metres above internal floor level and glazed with obscure glass and thereafter be so maintained. Reason : To ensure that the privacy of adjoining occupiers is protected.
4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no windows shall be inserted in the north and east elevations other than those hereby approved. Reason : To ensure that the privacy of adjoining occupiers is protected.
5. No equipment, plant or materials shall be brought onto the site for the purpose of development until full details of the following have been submitted to and approved in writing by the Local Planning Authority (LPA), in accordance with the current British Standard for trees in relation to construction: (a) An Arboricultural Method Statement (AMS), setting out the
29 methodology that will be used to prevent loss of or damage to retained trees. (b) A Tree Protection Plan (TPP) in the form of a scale drawing showing the finalised layout and the tree and landscaping protection methods detailed in the AMS that can be shown graphically. Unless written consent is obtained from the LPA, the development shall be carried out in full conformity with the approved AMS and TPP. Reason: To enable the Local Planning Authority to assess: the effects of the proposals on existing trees and landscape; the measures for their protection; to monitor compliance and to make good losses
6. C7E Private Garage Use Only
7. Three car parking spaces and turning area shall be retained at all times within the curtilage of the site and shall not be used for any purpose other than the parking and turning of vehicles. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 Planning permission is sought for the erection of a two-storey side extension, 2 single storey extensions, a porch, and alterations to the existing dwelling at 85b Mill Road.
1.2 This application was deferred by Planning Committee on 14th July, 2010, for a Committee site visit which took place on 2nd August, 2010.
1.3 The siting and design of the proposed extensions are shown on the attached plans. The proposed two-storey extension would extend an existing single storey garage by extending its length by 2.3 metres and erecting a first floor extension above the existing structure. The extension has a total length of 8 metres, width of 5.7 metres and height of 6 metres (4.7 metres to eaves). The extension has a hipped roof and includes two garages at ground floor. The proposed porch is located on the corner between the proposed two-storey extension and original dwelling, the porch measures approximately 2 x 2.5 metres and 3 metres in height.
1.4 The proposed single storey extension to the north elevation of the dwelling is 5.6 metres wide, 11.2 metres in length and 2.9 metres in height with a flat roof that includes a glass atrium at the centre.
1.5 The proposed single storey extension to the west of the dwelling is 5.4 metres wide, 4.2 metres in depth and 3.3 metres in height with a hipped roof ( 2.5 metres to eaves).
1.6 The proposed extensions are to be finished in render walls with bathstone quoins and concrete tile roof. The proposal also includes alterations to the existing dwelling consisting of changes to the existing windows and the
30 insertion of a Juliet balcony in the rear (west) elevation of the dwelling. The alterations to the existing dwelling do not require planning permission.
2. DESCRIPTION OF SITE
2.1 The property is a detached dwelling within a residential area. The property is one of three dwellings accessed via a private lane from Mill Road. The dwelling is set within a large residential curtilage with neighbouring residential properties adjoining the site on all sides. A hard paved parking area is located at the front of the dwelling, adjacent the site entrance. A long grassed garden area is located to the west of the dwelling which slopes down to a stream that crosses the site. Mature trees, including a protected oak tree, are located along the eastern boundary of the site adjacent the steam. Trees and shrubs are also located within a raised bed along the eastern boundary of the site.
2.2 The existing dwelling is a modern house with hipped roof and finished in a mixture of render and brick. The surrounding area is characterised by large detached dwellings of varying design and finishes. The area is softly landscaped with trees and hedgerows and includes a number of protected tress.
3. SITE HISTORY
3.1 No previous planning applications.
4. POLICY FRAMEWORK
4.1 The site lies within an existing area of housing, as defined in the adopted City of Cardiff Local Plan (January 1996). The following Local Plan policies are relevant:
(i) 11 (Design and Aesthetic Quality) (ii) 17 (Parking and Servicing Facilities)
4.3 The following policies of the Deposit Cardiff Unitary Development Plan (October 2003) are relevant:
(i) 2.20 (Good Design) (ii) 2.24 (Residential Amenity) (iii) 2.45 (Trees Woodlands and Hedgerows) (iv) 2.57 (Access, Circulation and Parking Requirements)
4.4 The following Supplementary Planning Guidance is relevant:
(i) Householder Design Guide (March 2007) (ii) Access, Circulation and Parking Standards (January 2010) (iii) Trees and Development (March 2007)
31
5. INTERNAL CONSULTEE RESPONSES
5.1 The Operational Manager, Transportation has no objection to the proposal.
5.2 The Strategic Planning Manager (Trees) advises that all trees can be retained at the site subject to remedial pruning to remove the lowest branches. He advises that ultimately growth from the maple tree on the boundary with No. 87 will conflict with the extension and the long-term structural integrity of this tree is therefore in question. Should it prove necessary to remove the maple tree, he advises that the adjoining Berberis and Leylandii should grow to fill the gap, providing screening from the neighbours; he advises it may also be possible to plant a shrub or small tree to give additional screening. He advises that the protected oak tree at the site should not be adversely affected provided some tree protection measures are put in place during construction. On this basis, he advises that he has no objection to the proposal subject to a condition (see condition 5).
6. EXTERNAL CONSULTEE RESPONSES
6.1 Lisvane Community Council objects to the proposal for the following reasons: (i) 85B Mill Road is part of a small infill development which when constructed was designed to fit in with the surrounding area. The applicant is seeking to extend the property by almost doubling the existing floor space of the dwelling. The Community Council considers that the proposal is an ‘over development’ of the site which is out of character with the adjacent properties. (ii) The proposal to extend the existing garage would significantly affect the access and egress of the site, due to the loss of vehicle turning space within the curtilage of the property. As access to the property is on a private drive, vehicles leaving the property will either have to use the drives of the neighbouring dwellings to turn, or reverse along the private drive onto Mill Road. (iii) The application form indicates that no trees or hedges will need to be removed or pruned as part of the proposal. Clarification should be sought on this issue as to accommodate the proposed extension on the east side of the existing building it is considered that some of the trees and shrubs would have to be removed, making the extension visible to the adjacent properties. (iv) Due consideration should be given to the concerns of neighbours, particularly regarding the location of new windows and the effect that these will have on the adjacent properties. For this reason we would ask the Planning Committee to consider a site visit before determining this application. (v) The proposed development could set a precedent which would in future completely change the character and outlook of this established residential area.
6.2 Lisvane Community Council has been notified of the amended plans and maintains its original comments. The Community Council notes that, whilst
32 moving the garage by a metre would allow for the retention of the trees, it is of the view that the amended plans are still likely to damage the roots of the existing trees.
7. REPRESENTATIONS
7.1 A letter of objection has been received from Councillor D. Walker. He objects to the proposal for the following reasons: (i) The proposed development is overbearing, unneighbourly, and represents overdevelopment. (ii) The development would overlook properties on Millbrook Park, particularly No. 1 Millbrook Park. (iii) The proposed two-storey extension is large and would dramatically affect the amenities of the occupiers of No. 87 Mill Road (and the trees that currently screen that property). (iv) There are issues in relation to cars being able to turn and the dangers involved in reversing the long drive from the property onto Mill Road, especially at night.
7.2 The occupiers of No. 85A object to the proposal for the following reasons: (i) There is already very limited room to park and manoeuvre vehicles at the site. The proposed garage extension will result in the loss of a turning area at the site. (ii) The windows within the first floor of the extension would comprise the privacy of the occupiers of No. 85A as they would directly face into the front room and hallway of No. 85A. (iii) The proposed two-storey extension would dominate the outlook from the front of No. 85A. (iv) The proposed development represents overdevelopment of the site
7.3 The occupier of 1 Millbrook Park objects to the application for the following reasons: (i) The site is home to many species of bird life, and foxes frequently use the grounds as a walkway at night. The proposed development would adversely affect this wildlife. (ii) The ground works for the proposed single-storey extension to the north of the dwelling would be in the vicinity of the stream at the site and the proposal could impact upon the health of the stream. (iii) All the living accommodation at No. 1 Millbrook Park faces towards the rear of the site. The proposed development would be invasive to the occupiers of No. 1 Millbrook Park and encroach on the living space of this property. (iv) The proposed development represents overdevelopment of the site. (v) The bedroom extension over the garage includes a full length window with Juliet balcony on the north elevation. This window overlooks the main bedrooms of No. 1 Millbrook Park. (vi) The design of the single storey extension to the north of the dwelling is featureless and the glass dome in the extension is likely to encourage substantial light refection and dazzle on sunny days.
33 7.4 The occupier of 1B Millbrook Park objects to the proposal for the following reasons: (i) The Juliet balcony in the proposed first floor extension is located only a few metres from the boundary with 1B Millbrook Park and would prejudice the privacy of the occupiers of this property. This Juliet balcony should be changed to a normal window, and this window should be obscurely glazed.
7.5 The occupiers of 87 Mill Road object to the proposal for the following reasons: (i) The proposal would result in a two-storey gable end within 1 metre of the boundary with 87 Mill Road and would have an overbearing effect on the garden of this property. (ii) The proposal is an overdevelopment of the site and which would impinge on the character of the area and the amenities of neighbouring dwellings. (iii) All the dwellings in the close are of similar design, the proposal would completely remodel the existing dwelling in a style that would detract from the character of the area (iv) The neighbourhood is characterised by dwellings set in spacious plots with vegetation between them. The new proposal would lead to the loss of trees and erode the spacious character of the area. (v) The proposed extension would cast a large shadow across the garden of 87 Mill Road in the afternoon and evening, significantly restricting light in the garden and would detract from the amenity of the property. (vi) The proposed first floor windows would overlook the corner of the garden of 87 Mill Road and are less than 21 metres for the windows of 87 Mill Road at an angle of 50 degrees. (vii) The proposed development would significantly reduce the vehicle turning space at the property, which will result in more cars reversing into the driveway of 85A and 87 Mill Road.
7.6 The occupier of 2 Millbrook Park objects to the proposal for the following reasons: (i) 85B is clearly visible in between 1B and 1 Millbrook Park from the ground and first floor windows of 2 Millbrook Park. The scale of the proposed development would make a substantial and ugly intrusion into the view from 1 Millbrook Park.
7.7 Neighbouring occupiers and Local Members have been notified of the amended plans. The following representations (paras 7.8-7.13) have been received in respect of the amended plans.
7.8 Cllr Walker maintains his original objection. He comments that the amended plans show little difference and the 1 metre reduction in length is not considered sufficient for those affected. He requests that Planning Committee visit the site.
7.9 The occupiers of 85A maintain their original objection. They comment that whilst the amended plans show a reduction the proposed extension to the garage there is still insufficient space for vehicles to park in the area between
34 the garage and the boundary with No. 87, resulting in insufficient turning area at the site.
7.10 The occupier of No. 1 Millbrook Park maintains his original objection and makes the additional comments:
(i) The garden of 1 Millbrook Park is approximately 5 feet lower than the application site, making the single storey extension the equivalent of a two- storey extension and the two-storey extension the equivalent of a three- storey extension.
(ii) In order to accommodate the 2 rear extensions it will be necessary to replace the existing rear terrace area with a building slab/terrace measuring approximately 20 feet in depth and 80 feet wide with a return section approximately 17 feet long running along the northern elevation of the extension facing No. 1 Millbrook Park. Due to the sloping nature of the site this will involve construction of significant retaining walls and considerable infill and would result in the terrace area being raised in excess of 4 feet at its extreme point, within a few metres of the boundary with 1 Millbrook Park. This terrace area will prejudice the privacy of the occupiers of 1 Millbrook Park.
7.11 The occupiers of 87 Mill Road maintain their original objection. They comment that the amended position of the two-storey extension 1 metre further away from the boundary is still unacceptable and does not address their original objections. They advise that the frosted glass added to more windows does address point (iv) of their original objection.
7.12 The occupier of 2 Millbrook Park maintains his original objection.
7.13 A supporting statement has been received from the agent in response to the objections received. The statement categorizes the objections and offers the following comments: (i) Overdevelopment: − 85b Mill Road is set in approximately 0.29 acres of land. Recent developments/planning permissions in Lisvane include the construction of four large detached properties on a plot size of 0.7 acres on Llwyn y Pia Road and planning permission for four detached properties on a plot size of 0.5 acres on Rudry Road. A number of extensions have also been approved and constructed in Lisvane which outlines precedence already set of increasing the size of detached properties and the proximity to neighbouring boundaries. − It is noted that both 85a and 87 Mill Road have been extended from their original constructed size. (ii) Trees: − Protected trees are located at the site. Only one of these trees is located near the proposed extension (the oak tree near the north extension). The Council’s Tree Officer has confirmed that this tree has been subject to pruning works in the last 12 months to remove
35 crown growth in order to preserve the tree, and the tree would not be affected by the proposed extension. − The trees within the curtilage of the site which are on the boundary with No 87 Mill Road are not covered by TPO’s but have been inspected by Council Officers. The applicant has indicated that these are to be retained and do not have to be removed to facilitate the development. (iii) Outlook/Overlooking: − The original application was amended to address issues of overlooking. − The proposed development also results in the elimination of an existing kitchen window within the north elevation, resulting in greater privacy between the property and 1 Millbrook Park (iv) Overbearing: − The proposed two-storey extension would be 2.8m off the boundary with 87 Mill Road at its closest point and 3.8 metres at its furthest. The garden of No. 87 is approximately 0.5m higher than that of No. 85b and has a boundary fence approximately 2m high. − The occupiers of 1 Millbrook Park state that the extension to the north elevation faces their living rooms and that the garden of their property is approximately 5 ft lower than the application site. It should be noted the house floor level of 1 Millbrook Park is higher than that of No. 85b and the gardens of both properties slope down to the stream, which partially straddles the boundary between the two properties. (v) Parking and Access − It should be noted the original parking layout of No 85b was to the front and side of the garages (south and to the east). The applicant, prior to submitting the current application has increased the hard surfaced area to the south of the property by replacing a lawn and flower bed area with gravel. If the new extension is approved, the resulting parking/turning area will be 10% larger than it was originally. This would provide space for three cars to be parked externally (with two spaces in the garage) and a turning area. − The property is now the only property on this private drive which would allow access and egress from the plot in a forward gear. (vi) Wildlife & Environment − The extension adjacent to the stream would not prevent wildlife from using the steam or adjacent banks. During construction, measures would be taken to prevent the stream being fouled by debris and would be kept clear. (vii) Visual Impact − Home owners can re-style the external appearance of their properties without planning permission. Where extensions are required, recent examples can be seen in Llwyn y Pia Road, Heol y Delyn and Rowan Way, where planning permission has been granted to extensions and rebuilding of properties in styles different to those of their surroundings.
36
8. ANALYSIS
8.1 The key considerations with this application are considered to be the design and impact of the extension on visual amenity of the area, the effect of the extension on the residential amenities of neighbouring occupiers, the impact of the development on trees, and parking.
8.2 The proposed development in total represents a substantial extension to the existing dwelling. However, it is considered that the resultant dwelling would remain commensurate to the size of the plot and that the proposal does not represent overdevelopment of the site. It is noted that the surrounding area includes detached dwellings of varying design, a number of which have been significantly altered and extended. The application site is well screened by trees and neighbouring properties, resulting in only glimpses of the site being available from the public realm (from views between houses on Millbrook Park). It is considered that size, design and finish of the proposed extensions are acceptable and the proposal does not to raise any design issues in relation to its appearance.
8.3 The proposed two-storey extension as originally submitted extended to within 2 metres of the boundary with No. 87 Mill Road and included a Juliet balcony at first floor in the northern elevation of the extension. Officer’s expressed concern over the proximity of the proposed extension to the site boundary and its impact on neighbour’s amenities and subsequently amended plans were received. The amended plans illustrate the two-storey extension reduced in length by 1 metre and the Juliet balcony replaced with an obscurely glazed dressing room widow. Two windows at first floor in the south elevation of the extension have also been amended to serve an en-suite and are be obscurely glazed in the amended design.
8.4 The proposed two-storey extension as amended would be located 2.8 metres from the boundary with 87 Mill Road at its closest point. The side elevation wall of the extension at this point would be 4.7 metres in height with a hipped roof rising to a maximum height of 6 metres. Trees and shrubs are located on both sides of the boundary with 87 Mill Road, which would screen parts of the proposed extension. The trees within the application site are to be retained (see paragraph 5.2). No windows are included in the side elevation of the proposed two-storey extension and first floor windows within the north and south elevation of the extension closest to the boundary with 87 Mill Road are now obscurely glazed non-habitable room windows. It is considered that the proposal as amended would not be overbearing on, or prejudice the privacy, of the occupiers of 87 Mill Road subject to conditions (see conditions 3 and 4).
8.5 The proposed two-storey extension is located approximately 6 metres from the boundary with 1B Millbrook Park at its closest point and 11 metres from the boundary with 1 Millbrook Park. The proposed extension includes 1 window at first floor in the elevation facing these properties; this window is an obscurely glazed dressing room window. The proposal also includes enlarging the existing bathroom windows in the northern elevation of the existing
37 dwelling; these windows are to be obscurely glazed. It is considered that the proposed two-storey extension would not prejudice the privacy or amenities of the neighbouring occupiers on Millbrook Park subject to conditions (see conditions 3 and 4).
8.6 The proposed two storey extension is located approximately 11 metres from the boundary with No. 85A. Accordingly, it is considered that the windows within the south elevation of this extension would not prejudice the privacy of the occupiers of No. 85A and the extension would not be overbearing on the occupiers of this property.
8.7 The proposed single storey extension to the north elevation of the dwelling would be located approximately 4 metres from the boundary with No. 1 Millbrook Park at its closest point. The bulk of the proposed extension would be set against the existing two-storey dwelling and the extension includes no windows in the side elevation facing No. 1 Millbrook Park. It is considered that the proposed extension would not be unduly overbearing on, or prejudice the privacy, of the occupiers of 1 Millbrook Park to a degree that would warrant refusal of planning permission.
8.8 The proposed single storey extension to the west of the existing dwelling would be located adjacent a blank brick side elevation wall of an existing annexe at No. 85A. The proposed extension would not prejudice the privacy or amenities of the neighbouring occupiers.
8.9 The concerns raised in relation to loss of parking space and turning area at the site are noted. Apart from the 2 no. garages, there would also be ample space for the external parking of at least three cars, plus satisfactory turning space within the curtilage of the site (see attached plan). The Operational Manager, Transportation, has no objection to the proposal.
8.10 The agent has confirmed that the applicant intends to retain all trees within the site. The Strategic Planning Manager (Trees) advises that the proposed development will not necessitate the removal of any trees but advises that one tree on the eastern boundary of the site (a maple tree) may conflict with the two-storey extension in future (see paragraph 5.2). However, he advises that if this tree was removed it is likely that the existing planting either side of the tree would occupy the space vacated by the tree and provide screening of the proposed extension from 87 Mill Road. Subject to the imposition of a condition (see condition 5) it is considered that the proposal would not have an adverse impact on trees.
8.11 In terms of other issues raised in the representations received, not addressed above: - The impact on views is not a material planning consideration. - It is considered that the proposed development would not set a precedent for unacceptable development. - It is considered that the glass atrium in the proposed single storey extension would not give rise to reflection or dazzle that would be significantly detrimental to the living conditions of neighbouring occupiers.
38 - The proposed single storey extension would be located at least 5 metres from the stream that crosses the site. The proposal is for a domestic extension and the impact of the extension on wildlife is not considered to be a material consideration. - The retaining wall to the rear of the proposed single storey extension would result in a terrace area no higher than the floor level of the existing dwelling. There is existing ground at this level within the application site to the north of the dwelling, adjacent to the boundary with 1 Millbrook Park. An existing hedgerow along this boundary provides screening between the rear garden of 1 Millbrook Park and the application site. Accordingly, it is considered that the proposal would not prejudice the privacy of the neighbouring occupiers.
8.12 It is recommended that the application be granted planning permission, subject to conditions.
39 40 41 AMENDED PLAN 10/744E 22.06.10
42 AMENDED PLAN 10/744E 22.06.10 43 COMMITTEE DATE: 11/08/2010
APPLICATION No. 10/00921/E APPLICATION DATE: 27/05/2010
ED: LLANRUMNEY
APP: TYPE: Full Planning Permission
APPLICANT: RJS Building Contractors LOCATION: CARPENTERS ARMS, 751 NEWPORT ROAD, LLANRUMNEY, CARDIFF, CF3 4AJ PROPOSAL: DEMOLITION OF EXISTING PUBLIC HOUSE & CONSTRUCTION OF NEW SINGLE STOREY BUILDING SHELL FOR FITTING-OUT AS A1 USE CLASS CONVENIENCE STORE, COMPLETE WITH SERVICING & CAR PARK.
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RECOMMENDATION 1: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraph 5.1 and 8.9 of the Chief Strategic Planning and Environment Officer's report planning permission be GRANTED subject to the following condition(s):
1. C01 Statutory Time Limit
2. C2N Drainage details
3. Details submitted in discharge of condition 2 shall incorporate ground permeability tests to determine if ground conditions are suitable for the use of soakaways. Reason: To ensure an orderly form of development
4. No member of the public shall be admitted to or allowed to remain on the premises between the hours of 23:00 and 07:00 on any day. Reason: To ensure that the amenity of occupiers of other premises in the vicinity are protected.
5. There shall be no arrival, departure, loading or unloading of delivery vehicles between the hours of 20:00 and 06:00. Reason: To ensure that the amenity of occupiers of other premises in the vicinity are protected.
6. D7Z Contaminated materials
7. E7Z Imported Aggregates
8. E7S Details of Refuse Storage
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9. C5A Construction of Site Enclosure
10. E1B Samples of Materials
11. Notwithstanding the provisions of the Town and Country Planning General Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) or the Town and Country Planning (Control of Advertisements) Regulations 1992 (or any statutory instrument amending or revoking and re-enacting those Regulations) the ground floor window(s) of the premises shall allow an open and unrestricted view of a window display(s) or the trading area(s) within the premises and the window(s) shall not be painted, covered over or otherwise obscured without the prior written consent of the Local Planning Authority. Reason: In the interests of visual amenity and to promote natural surveillance.
12. F4A Landscaping Scheme
13. E4A Implementation of Landscape Scheme
14. C3S Cycle Parking
15. D3D Maintenance of Parking Within Site
16. Prior to the beneficial use of the development hereby approved the highway works illustrated within drawing number 1717-03 Rev A received on 30th July 2010 shall be carried out along with the widening of the existing site access to a width of 5.5 metres. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway.
17. Prior to the commencement of development details of the proposed lighting and CCTV for the store and car park shall be submitted to and approved in writing by the Local Planning Authority. The approved lighting and CCTV scheme shall be implemented prior to beneficial use of the development and thereafter maintained. Reason: In the interests of security and crime prevention and to ensure an orderly form of development.
RECOMMENDATION 2 : To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on
45 Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.
RECOMMENDATION 4: The applicant is advised to contact the South Wales Police Crime Prevention Design Advisor (029 2057 1501) to discuss appropriate levels of external lighting and CCTV to be installed within the car park serving the convenience store.
RECOMMENDATION 5: The applicant is advised to secure the consent of the Operational Manager, Street Operations (John Haines, Brindley Road) prior to undertaking any works within the adopted highway.
RECOMMENDATION 6 - Bats often roost in houses and other buildings, and work on these buildings may disturb a bat roost. All bats and their roosts are protected against disturbance under UK and European legislation. If works are planned on a building in which bats are roosting, the Countryside Council for Wales (CCW) must be contacted for advice. If work has already commenced and bats are found, or if any evidence that bats are using the site as a roost is found, work should cease and CCW should be contacted immediately. Where bats are known to occur, no works of site clearance, demolition or construction should take place until a licence to disturb these species has been granted in accordance with the relevant legislation.
The Cardiff office of CCW can For further advice on bats be contacted at:- please contact:-
Unit 7, Castleton Court, The Bat Conservation Trust, Fortran Road, Unit 2, 15 Cloisters House, St Mellon's, 8 Battersea Park Road, Cardiff CF3 0LT. London SW8 4BG. Tel: 02920 772400 Tel: 020 7627 2629 Fax: 02920 772412 Fax: 020 7627 2628
These comments contribute to this Authority’s discharge of its duties under Section 40 of the Natural Environment and Rural Communities (NERC) Act 2006, wherein: (1) Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity. (3) Conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 Planning permission is sought for the demolition of the Carpenter Arms Public House and construction of a single storey building to be used as a convenience store (Use Class A1) with servicing area and car park.
1.2 The proposed unit will have a floor area of 450 sq metres and will be sited on a similar footprint to the existing public house, adjacent to the footpath along
46 Newport Road and in line with No’s 747 and 749 Newport Road to the west of the site.
1.3 The unit will measure 20.5m long along the frontage of Newport Road and extend a maximum of 28 metres into the site. It will measure 3.7m to eaves with a pitched roof. Its maximum height would be 6.2m to the front and lowering to 5.6m when the store extends into the site. It will be constructed with facing brick work and concrete roof tiles with elements of glazing to the front and side (east) elevations.
1.4 The existing access from Newport Road will be widened to provide vehicular access for both customers and service vehicles to the car park and service area to the rear of the store. The existing pub car park will be retained and will provide spaces for 13 spaces, one of which will be for disabled customers. The existing vehicular entrance to the site from Widecombe Drive will be closed.
1.5 The application has been accompanied by a noise measurement report and bat survey.
1.6 It is noted that the applicants are RJS Building Contractors. However, the elevation plans indicate that the store is proposed as a Sainsbury’s Local retail store.
2. DESCRIPTION OF SITE
2.1 The application site is a vacant two storey/single storey public house measuring 525 sqm with a large car park to the rear with vehicular access from Newport Road to the front and Widecombe Drive to the rear (west). The public house would appear to be older than the surrounding properties and in poor condition. It is not a listed building. The public house has a lean-to and flat roof single storey extensions to the rear.
2.2 The application site is sited in the western part of the Rumney Local Centre adjacent to a parade of retail shops. These retail shops are accessed via a service road off Newport Road. To the rear and west of the application site are residential properties in Widecombe Drive and Cranleigh Rise.
3. SITE HISTORY
3.1 Planning Permission 06/2437/E – Form new front entrance and timber decking area to rear with alterations to access, new glazed roof light to rear at the Carpenter Arms PH – Approved December 2006
3.2 Advertisement Application A04/151/E – Refurbishment of existing signs and poster holders – Approved August 2004
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4. POLICY FRAMEWORK
4.1 National Policy Planning Policy Wales (March 2002) Technical Advice Note (TAN) 11: Noise Technical Advice Note (TAN) 12: Design Technical Advice Note (TAN) 15: Development and Flood Risk Technical Advice Note (TAN) 18: Transport Technical Advice Note (TAN) 21: Waste Outline Regional (South East Wales) Transport Plan (January 2007)
4.2 Local Planning Policy The South Glamorgan (Cardiff Area) Replacement Structure Plan
City of Cardiff Local Plan (1995) policies: 11: Design and aesthetic quality 14: Facilities for public transport services 16: Traffic calming 17: Parking and servicing facilities 18: Provision for cyclists 19: Provision for pedestrians 20: Provision for special needs groups 49: Local and District Centres 50: Retail development
Deposit Cardiff Unitary Development Plan (2003) policies 2.20: Good Design 2.34: Retail development 2.57: Access, circulation and parking requirements 2.58: Impact on transport networks 2.64: Air, noise and light pollution
Supplementary Planning Guidance Access, Circulation and Parking Requirements (June 2006) Waste Collection and Storage Facilities (March 2007)
5. INTERNAL CONSULTEES RESPONSES
5.1 The Operational Manager (Transportation) notes the concerns that have been expressed by residents and local traders in regards to increased traffic generation. However, he considers that the proposed store will operate satisfactorily in practice.
He notes that in accordance with the Trip Rate Information Computer System (TRICS) database an increase of some 625 twenty four hour two way vehicle movements may be anticipated compared with 235 such movements associated with the existing public house access. However, the applicant has proposed that the existing uncontrolled, sub-standard public house access will be widened to allow 2-way passage of vehicles. This work will also include the
48 improvement to the existing site access to incorporate improvements to pedestrian facilities (in terms of dropped kerbs and tactile paving) at both the existing and service road accesses, as well as the re-surfacing of the section of the Newport Road footway fronting the site.
In addition he notes that the development needs to be seen in the context of the adjacent Rumney Local Centre. The service road fronting the local centre, which is accessed off Newport Road, is one-way only with entry off Newport Road and egress via British Legion Drive, and is considered unsatisfactory. This service road is usually heavily parked resulting in congestion and difficulty in achieving access, for right turning vehicles in particular, with vehicles often being obliged to wait on Newport Road. The applicant has stated that the parking area at the rear of the proposed store will not be exclusively used for customers using the new convenience store and could be used on a short term basis for customers visiting the Local Centre, thereby providing a significant benefit in terms of alleviating the existing problems. In terms of context, the Operational Manager (Transportation) also notes that it may be useful to consider that, in terms of scale, the proposed store is less than a third of the overall size of the adjacent parade of shops and the proposed level of parking is acceptable.
The Operational Manager (Transportation) therefore has no objection in principle to the proposed development subject to a condition precluding beneficial occupation prior to the implementation of the widening of the existing site access to 5.5 metres together with the associated highway improvement works to the access. A second recommendation advising the applicant of the need to secure the consent of the Operational Manager, Street Operations (John Haines, Brindley Road) prior to undertaking any works within the adopted highway in this respect.
The Operational Manager (Transportation) notes that adequate parking (including provision for cyclists) is provided together with adequate provision for the movement of delivery vehicles. He deems a condition is necessary to ensure the provision of a system of street lighting to ensure the safety of customers using the parking area after dark. A further condition should also stipulate the provision and future maintenance of 6 cycle stands for use by customers and staff.
In line with current policy aimed at promoting non car-borne modes of travel the Operational Manager (Transportation) also advises the need for a contribution towards public transport enhancement. A contribution of £10,400, secured by means of a Section 106 agreement, to be utilised to effect improvements to existing bus stop facilities in the vicinity of the site, would be an acceptable contribution in order to mitigate against the impact of the development.
5.2 The Strategic Planning Manager (Land Use Policy) makes the following comments: “The application is located within the Rumney Local Centre as defined by the City of Cardiff Local Plan (1996). The application will therefore need to be
49 assessed against Policy 49 of the Local Plan. This policy seeks to maintain and enhance the vitality, attractiveness and viability of the defined district and local centres.
Currently the Carpenters Arms is a vacant pub that does not contribute anything to the vitality and viability of the centre. A new A1 retail unit would be supported by Policy 49 as it will serve to enhance the predominant shopping role and character of the existing centre.
This application raises no policy concerns.”
5.3 The Strategic Planning Manager (Urban Design) makes the following comments:
“The proposed supermarket building is set marginally further back from the street than that of the existing public house. The front elevation of the building would subsequently follow the building line created by the semi detached dwellings located to the west of the site, in doing so strengthening the building line in this part of the street. The small set back would also enable a small increase in the area of public realm to the front of the proposed building creating a more pedestrian friendly and focused environment.
The application site is set in an area of Newport Road with a mix of both commercial and residential premises and which range in height, bulk architectural style, materials and general character. The application seeks the construction of a single storey building with a pitched roof. The proposed backup/storage area within the development encroaches further back in to the site than the dwellings to the west do into their respective back gardens. However given the single storey nature of the proposal, the presence of the vehicular access between the proposed development and the dwellings, and that the building would sit fractionally further away from the dwellings than the existing public house does, all contribute to minimising the effect the scheme would have upon the neighbouring properties. The positioning, scale, height and massing would as such be considered acceptable in design terms.
The inclusion of large areas of glazing on the southern and eastern elevations of the scheme would enable high levels of surveillance to be provided over both Newport Road and the parade of shops located to the east while also increasing the relationship between the proposal and its surroundings especially along Newport Road. It would as such be important that the glazing be maintained for these purposes.
While the positioning of merchandising and internal advertising within window displays can provide a significant degree of visual interest within the streetscene it is important that the any such use does not reduce levels of surveillance provided over the street to an unreasonable degree.
Provision of an element of glazing in the store room / rear elevation of the building overlooking the car park would benefit the scheme through providing a level of perceived surveillance from the building over the space. It would
50 also provide an element of aesthetic interest to an otherwise blank and negative elevation.
The proposed entrance/exit for the store is located on the eastern elevation of the building creating a strong relationship between the scheme and the parade of shops to the east. Access to the store should subsequently be level between the store and other shops within the parade further integrating the scheme with it surroundings and allowing ease of access for all. Some concern is had as to potential conflict which might result between pedestrians accessing the store and vehicles wishing to enter or exit the store car park.
The customer car park proposed is located to the rear of the building as was the case for the public house. High quality, appropriate and secure boundary treatments around the car park are sought in order to provide increased security within the vicinity of the scheme and protect the residential amenity for the neighbouring occupiers. Little natural surveillance would be provided over the car park due to its positioning and as such it would be imperative that security measures, such as surveillance cameras are put in place in order to reduce the potential risk of crime and disorder occurring within the facility.
Vehicular access to the car park area would be shared with servicing vehicles for the store. This coupled with the limited space within the site for servicing vehicles to manoeuvre would likely create potential conflict. Access onto the site from Newport Road might also be problematic due to the wide and busy nature of the road.
Bike stands with the capacity to accommodate up to 6 bikes are proposed within the scheme. The positioning of the stands are however of some concern due to their location being partially hidden behind the main building and out of sight from the main street scene. Provision of some means of increased security would as a consequence be beneficial. The provision of a window in the northern elevation of the building overlooking the stands or provision of a security camera focusing upon the area should be considered.”
5.4 The Strategic Planning Manager (Ecology) has no objection subject to recommendation 5.
5.5 The Operational Manager (Drainage) has no objection subject to conditions 2 and 3.
5.6 The Operational Manager (Waste Management) notes that the refuse storage details are acceptable but should be made secure. Accordingly condition 8 is deemed necessary.
5.7 The Operational Manager, Environment (Pollution Control) has no objection subject to recommendations 2 and 3 and conditions 4, 5, 6 and 7.
6. EXTERNAL CONSULTEES RESPONSES
6.1 Welsh Water have no objection to the proposal subject to condition 2.
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7. REPRESENTATIONS
7.1 Neighbours have been consulted and letters of objection have been received from the occupiers of 711A, 753C, 755, 761, 765, 765A, 769, 777-779 and 777A Newport Road, 183 Burnham Avenue, Flat 2 Cheriton Court, Cranleigh Rise and the Campaign for Real Ale Cardiff Branch. The objections relate to the following issues:
• There are already significant levels of traffic congestion along Newport Road near to the site and along the entrance to the car park to the north and parade of shops to the east. The proposal will further increase traffic levels in the vicinity. The proposed vehicular entrance will be used by both customers and service vehicles causing more congestion. • Parking is also very limited for the users of the proposed store and those shops along Newport Road within the Rumney Local Centre. • The proposed opening time of 23:00 hours and ability to sell alcohol will lead to nuisance caused by noise of customers and anti social behaviour due to youths and other customers congregating near to the proposed store. This is made worse by the fact the store is near to other public houses which also serve alcohol till 23.00 hours. • The enclosure to the site needs to be made more secure particularly along its northern boundary with the flats along Cranleigh Rise. • The proposal will have a detrimental effect on the local independent economy, which will struggle to compete on both price and convenience with big supermarkets economies of scale. There is no requirement for an additional convenience store. • The proposed supermarket will kill community life within the Local Centre and result in the closure of other shops in the vicinity. • The demolition of the public house will result in the loss of an old established public and social amenity and facility to the detriment of local residents. The loss of a public house results in the loss of a safe and controlled drinking environment and its possible replacement with a premises allowing off-sales with an increased possibility of social harm. • The public house is of historical importance being one of the oldest licensed premises in Cardiff. • A copy of the application should have been sent to the neighbouring shops within the Rumney Local Centre.
7.3 A petition of approximately 450 signatures has been received objecting to the proposal for the following reasons: • The convenience store will increase traffic levels, conjunction on Newport Road and put pedestrians in danger caused by the entrance to the proposed convenience store. • With late opening hours (07:00 – 23.00) and the sale of alcohol, noise pollution, loitering, anti social behaviour is a great concern for local residents especially those living above the shops and nearby streets. • The detrimental effect which it will have on the local businesses on the parade. This will surely run businesses to the ground losing the individual
52 character and vibrancy in the surrounding area.
7.2 Local Members of both Rumney and Llanrumney Wards have been consulted and no response has been received.
7.3 The application was also advertised by way of a site notice which expired on 2nd July 2010.
8. ANALYSIS
8.1 The key issues are the effect of the proposal upon the character and appearance of the area, living conditions of neighbours and highway safety/parking.
8.2 The Strategic Planning Manager (Land Use Policy) has considered the proposal in regards to national and local planning policy and raises no policy concerns. The Strategic Planning Manager (Land Use Policy) notes that the application site is currently vacant and does not contribute to the vitality and viability of the Rumney Local Centre. A new Use Class A1 retail unit would be supported by Policy 49 of the Cardiff Local Plan as it will serve to enhance the predominant shopping role and character of the existing local centre.
8.3 The demolition of the public house is considered acceptable. The Carpenters Arms is not a listed building nor considered to be of any historical importance. The surrounding area is not a conservation area and therefore it is considered the demolition of this vacant premises will not prejudice the character of the area. Furthermore, the Strategic Planning Manager (Ecology) has raised no objection to the proposal in regards to the current ecological conditions present at the vacant public house and notes from the submitted bat report, that there is no evidence of bats roosting at the premises. However, he advises recommendation 6.
8.4 The key consideration is the design of the proposed building and how this would impact on the character and appearance of the area. The comprehensive response of the Strategic Planning Manager (Urban Design) on this issue is in paragraph 5.3 of this report. As noted, it is considered that the proposed building is considered acceptable in regards to its positioning, scale, height and massing in design terms. The proposal is considered to be of a smaller scale than the existing public house and the other premises in the local centre and respects the existing building line along this section of Newport Road. It also allows for an increase in the area of public realm to the front of the proposed building which will create a more pedestrian friendly and focused environment. Furthermore it is considered by the Strategic Planning Manager (Urban Design) that the proposed unit creates a strong link to the existing parade of shops to the east. Condition 10 will ensure that samples of materials are submitted to and approved by the Local Planning Authority in order to ensure a satisfactory finish to the development. Condition 11 will ensure the large elements of glazing proposed which are considered to have a beneficiary effect upon the natural surveillance of the area are not covered by advertisements.
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8.5 The Strategic Planning Manager (Urban Design) suggests that high quality, appropriate and secure boundary enclosures should be provided to the rear car park. Condition 9 is therefore deemed necessary which will require such details to be approved by the Local Planning Authority prior to the commencement of development. In addition condition 17 will require external lighting and CCTV to be provided within the car park of the proposed store which will aid crime prevention. It is noted that the Strategic Planning Manager (Urban Design) had advised that a window should be installed into the rear elevation in order to increase the natural surveillance of the car park. However, the agent confirms that this area will be used as a store room with tall storage racks which would block any view outside from employees in the building. Condition 17 will ensure that this section of the car park is well lit and surveyed by CCTV, which will overcome the concerns of the Strategic Planning Manager (Urban Design).
8.6 In regards to the impact of the proposal upon the residential amenity of neighbours, it is noted that the proposed backup/storage area within the development encroaches further back into the site than the dwellings to the west. However given the single storey scale of the proposal, its relationship with neighbours is considered reasonable. In regards to the nearest property to the west at 749 Newport Road it is noted that the single storey building will be fractionally further away from this neighbour than the existing two storey public house and where the single storey rear section of the development projects past the rear elevation of 749 Newport Road it will be sited a minimum of 2.5m and a maximum of 5m from this boundary. The dwellings to the north are approximately 23m from the development and the residential accommodation to the east is at first floor level above the shops. All proposed windows are at ground floor level and will not prejudice the privacy of neighbours. A door is proposed within the south western elevation facing 749 Newport Road; however, condition 9 will ensure a solid means of enclosure is erected along this boundary to maintain the privacy of neighbours to the west whilst providing a privacy screen to neighbours to the north from users of the car park. Accordingly, the privacy of neighbouring residential occupiers is not prejudiced. These views are shared by the Strategic Planning Manager (Urban Design).
8.7 A number of objections were received in regards to the proposed opening times of the store, along with a petition referring to this issue. The Operational Manager, Environment (Pollution Control) was made aware of these concerns. However, he raised no objection to the proposal subject to conditions 4 and 5 which will limit opening and delivery times in order to protect the residential amenity of neighbouring occupiers. In his response he notes that he does not consider that the proposal would be of any more of a nuisance than the existing public house, which would be allowed to open till at least 23.00 hours and to provide regulated entertainment. It should be noted that the proposed store, if constructed, would have to apply to the Council separately for a licence to sell alcohol. Furthermore, any antisocial behaviour would have to be reported to the Police or the relevant services of the Council.
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8.8 The Operational Manager (Transportation) has been made aware of the concerns of local residents in regards to highway congestion and car parking and his full response is in paragraph 5.1 of this report. It is noted that the application site is located on a busy main road and the proposed retail use would inevitably involve an increase in vehicular traffic from/onto Newport Road. The site is also located adjacent to a parade of shops which is accessed via a narrow and heavily used service road which is currently unsatisfactory. However, following careful consideration of the proposal and meetings between the Operational Manager (Transportation) and highway consultants acting on behalf of the applicants, the Operational Manager (Transportation) has no objection to the scheme. This is subject to conditions regarding the widening of the existing access and implementation of works to the junction of Newport Road which will allow for a two way passage of vehicles and improve pedestrian facilities to the store’s access. In addition, it is noted that the level and layout of the car parking is considered acceptable having regard to the Access, Circulation and Parking Requirements: SPG. Furthermore, the Operational Manager (Transportation) is satisfied that following the implementation of the works to the access, service vehicles can adequately access the site. Conditions are deemed necessary to ensure that the vehicle and cycle parking is provided and maintained, the parking area consists of a hard surface, CCTV and external lighting is provided, and the work to the access is carried out prior to the beneficial occupation of the development.
8.9 In addition to these conditions, the Operational Manager (Transportation) suggests that in order to promote non-car borne travel to the development, a financial contribution of £10400 is required, in line with local planning policy. This contribution could be sought by way of an agreement under Section 106 of the Town and Country Planning Act 1990. The applicant has confirmed his acceptance of this contribution. This financial contribution can be put towards improvements to bus stop facilities in the vicinity of the site.
8.10 Further to a suggestion from the Operational Manager (Transportation) that the car park of the proposed convenience store could be used also for customers of the local centre, the applicant has confirmed that the car park will not be used exclusively for the customers of the proposed convenience store. This would allow customers visiting other premises within the local centre to park within this store on a short term, informal basis. This is similar to how the existing car park of the public house is used at present.
8.11 The Strategic Planning Manager (Urban Design) did have concerns that the east facing store entrance may cause conflict between pedestrians accessing the store and vehicles wishing to enter or exit. However, the Operational Manager (Transportation) does not share these concerns and consider the proposal acceptable in this regard especially having regard to the proposed works to the access to the site which will include benefits to the pedestrian area such as dropped kerbs and tactile paving.
55 8.12 Conditions regarding the drainage of the site and refuse storage are considered necessary to ensure an orderly form of development. In addition a condition requiring landscaping provision is necessary to ensure the satisfactory finish to the public realm. There are elements within the car park and to the front of the store which could benefit from soft landscaping and shrub planting.
8.13 In regards to the comments made by adjoining neighbours, which are not covered above the following points should be considered: • The economic impact of the proposal upon the neighbouring businesses of the Rumney Local Centre as a whole is not a material planning consideration. In addition, whether there is a demand for such a convenience store is also not a material planning consideration. Market forces appear to suggests that there is no requirement for this public house as it is currently vacant. In addition, it is noted that this is not the only public house within the local centre. • The application was publicised in accordance with requirements of the Town and Country Planning (General Development Procedure) Order 1995. 42 adjoining land owners were notified in writing of the application. In addition, the application has been publicised by means of a site notice erected along Newport Road to the front of the application site. It is considered that this level of publicity was satisfactory, particularly having regard to the large response received from the public.
8.14 Planning permission is recommended, subject to conditions and to the completion of a legal agreement under Section 106 of the Town and Country Planning Act 1990.
56 57 58 59 60 61 62 LOCAL MEMBER COMMENTS
COMMITTEE DATE: 11/08/2010
APPLICATION No. 10/00928/E APPLICATION DATE: 26/05/2010
ED: PENYLAN
APP: TYPE: Full Planning Permission
APPLICANT: Mrs Catherine McIntyre LOCATION: 10 MARYPORT ROAD, PENYLAN, CARDIFF, CF23 5JX PROPOSAL: CHANGE OF USE FROM SHOP (A1) TO CAFE (A3)
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RECOMMENDATION: That planning permission be GRANTED subject to the following condition(s):
1. C01 Statutory Time Limit
2. No member of the public shall be admitted to or allowed to remain on the premises between the hours of 18:00 and 08:00 on any day. Reason: To ensure that the use of the premises does not prejudice the amenities of the area.
3. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any Order amending or revoking and re- enacting that Order) no food for sale to the public shall be cooked on the application premises (except for warming/toasting of bread, cake and pastry products and soup). Reason: To ensure that the use of the premises does not prejudice the amenities of the area.
4. C7X No Takeaway Sales
5. The rating level of the noise emitted from fixed plant and equipment on the site shall not exceed the existing background noise level at anytime by more than 5dB (A) at any residential property when measuredand corrected in accordance with BS 4142: 1997. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.
6. The use of the premises shall be restricted to the interior of the existing building only. Reason: To ensure that the privacy and amenities of the occupiers of the adjoining properties are protected.
7. C7S Details of Refuse Storage
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1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 Planning permission is sought for the change of use of 10 Maryport Road from a shop (A1 use class) to a café (A3 use class).
1.2 Supporting information submitted with the application states that the proposed use would consist of selling and serving tea/coffee and a choice of sandwiches, salads and cakes, with some hot food – namely tea cakes, paninis and toast. The premises would include a seating area for customers. Opening hours are proposed from 8am to 6pm Mondays to Saturday and 9am-6pm on Sundays.
2. DESCRIPTION OF SITE
2.1 The application site is located at the end of a row of 6 ground floor commercial properties with residential accommodation above within a predominately residential area in Penylan. The existing parade of commercial properties includes shops, opticians and a hair salon. A shared service area with vehicular access is located to the rear of the row of properties.
2.2 The application site is currently vacant but was previously used as a shop selling mother and baby products.
3. SITE HISTORY
3.1 No previous planning applications.
4. POLICY FRAMEWORK
4.1 The site lies within an existing area of housing, as defined in the adopted City of Cardiff Local Plan (January 1996). The following Local Plan policies are relevant:
11 (Design and Aesthetic Quality) 17 (Parking and Servicing Facilities)
4.3 The following Policies from the deposit Unitary Development Plan (October 2003) are of relevance:
2.20 (Good Design) 2.24 (Residential Amenity) 2.57 (Access, Circulation and Parking Requirements)
4.4 The following Supplementary Planning Guidance is of relevance:
Restaurants, Takeaways and Other Food and Drink Uses (June 1996). Access Circulation and Parking Standards (January 2010)
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5. INTERNAL CONSULTEES RESPONSES
5.1 The Operational Manager (Transportation) notes that the premises, though not within a designated Local Centre, does lie within a parade of other shops and has a 90 degree parking bay along its frontage. He advises that, whilst the concerns expressed from local residents are noted, it is considered that the proposed change of use would not result in an increase in parking generation over and above that for the existing use to the extent that an objection on highway grounds could be sustained. Nevertheless, mindful of the concerns that have been expressed he advises that it would be prudent to impose a condition to preclude the use of the premises as a hot food takeaway.
5.2 The Operational Manager (Pollution Control) has no objection to the proposal subject to conditions restricting to the opening hours of the premises, limiting the cooking of hot food at the premises to the warming and toasting of bread products etc, no takeaway sales from the premises and a restriction on the noise level emitted from any fixed plant at the site.
5.3 The Operational Manager (Waste Management) has no objection to the proposal subject to a condition ensuring that a suitable refuse storage area is provided at the site.
5.4 The Strategic Planning Manager (Land use policy) advises: The site falls within an existing residential area, as defined by the Local Plan. Although the site is not in a district or local shopping centre, as shown on the Local Plan Proposals Map, it does fall within a neighbourhood shopping centre, as defined by the 2001 Retail Floorspace Survey. Paragraph 9.3.8 of the Local Plan refers to such shopping facilities, stating that development proposals involving either new or improved retail facilities, or the loss of existing shopping, will be considered on their merits, having regard to the characteristics of the premises and their location and the role of the centre in meeting local shopping needs. Also of relevance is supplementary planning guidance ‘Restaurants, Takeaways and other Food and Drink Uses’ (1996). Paragraph 3.1 states that applications for food and drink uses in small shopping parades which are not defined as district or local centres in the Local Plan will be considered particularly against the likely effects on nearby residents, traffic considerations and the role of the centre in meeting local shopping needs. Food and drink uses are unlikely to be acceptable within or adjacent to residential areas, if they would cause nuisance and loss of amenity to residents, or result in the loss of residential property.
The proposal involves the change of use of an existing vacant shop unit to A3 use. The loss of existing shops is generally resisted in land use policy terms. However, given that the unit is currently in non-shopping use, it could not be said to be making a significant contribution to the neighbourhood centre’s ability to meet local shopping needs at present. The proposed change of use, therefore, would be unlikely to have a significant detrimental impact upon the neighbourhood centre.
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The application raises no significant land use policy concerns, subject to an assessment of the likely impact upon residential amenity.
6. EXTERNAL CONSULTEES RESPONSES
6.1 Dwr Cymru Welsh Water requests that a condition requiring a suitable grease trap to be installed at the site to prevent entry into the public sewerage system.
7. REPRESENTATIONS
7.1 Councillors B. Kelloway and F. Salway advise that residents living in the vicinity of the site have contacted them to express concerns over the proposed change in use and they request that the following points be drawn to the attention of the Planning Committee:
• The application premises are situated in a parade of six retail premises, all of which currently operate under A1 use class, and which are situated in a predominantly residential area. • The unit at 10 Maryport Road is in close proximity to residential premises, at 8 Maryport Road (next door), Earlswood Court (immediately opposite) and with residential accommodation at first floor level at 10A Maryport Road. • In respect of Planning Policy, it is noted that the Restaurant, Takeaway and other food and drink uses SPG (June 1996) states that “food and drink uses are unlikely to be acceptable within or adjacent to residential areas, if they would cause nuisance and loss of amenity to residents”. • Whilst the premises have operated as a retail unit for a number of years, it is probable that the nature of the clientele and the frequency of visits to the premises are likely to change with A3 use. Such a use is likely to attract customers from nearby Roath Park with an attendant rise in vehicular traffic and parking problems in the area. The small parking lay-by in front of the shops is currently inadequate to the needs of customers and a café would be likely to attract more regular and frequent traffic which would be detrimental to the amenity of local residents. • There is the likelihood that a café would cause youths to congregate in the area and could result in raised levels of noise and antisocial behaviour in this predominantly residential area. Such activity would be detrimental to the amenity of nearby residents. • A change of use to A3 would allow the sale of hot food to be consumed on and off the premises. • The preparation of hot food at this location would be likely to give rise to cooking smells and odours which would be detrimental to the amenity of local residents. • The fact that hot food could be consumed off the premises would be likely to contribute to raised levels of litter in the locality which would be detrimental to the amenity of local residents. • It should be noted that there is residential accommodation above and immediately adjacent to the premises and the amenities of residents in the
66 accommodation would be affected by noise nuisance being generated by the activities at the proposed development and from patrons frequenting the premises.
The Councillors note that the since submission of the application the applicant has given assurances that, whilst change of use to A3 has been applied for, the intension is to operate the premises along the similar lines to the Waterloo Gardens Tea Shop, which means the applicant does not intend to prepare cooked food on the premises or to allow food to be consumed off the premises. The Councillors suggest that if the Planning Committee members were minded to grant planning consent, conditions should be imposed similar to those imposed on the Waterloo Gardens Teashop, namely:
• No member of the public shall be admitted to or allowed to remain on the premises between the hours of 18:00 and 08:00 on any day. • A restriction on the level of noise emitted from any fixed plant and equipment (such as air handling units; refrigeration plant and compressors, etc.) • The use of the premises shall be restricted to the interior of the existing building only. • No cooking or sale of hot food for consumption on or off the premises shall take place from the premises.
7.2 Letters of objection have been received from the occupiers of Nos. 9, 10 & 15 Lady Mary Road, Nos. 34, 38 & 75 Brandreth Road, No. 7 Patterdale Close, No. 2 Charnwood Court, Nos. 4, 8 & 8A, Maryport Road, Flat A Earlswood Court & Flat C Kingswood Court. The letters included the following points:
• The proposed cafe would be out of place in what is currently an established and attractive residential area. • A café is likely to result in litter, noise and odour disturbance. • Once permission is granted to change the use of the shop into a food outlet any food outlet could apply in future to open a takeaway etc. at the site. • Late night closing hours would result in noise disturbance caused by the arrivals and departures of customers and their cars. • There is currently limited parking area outside the existing shops. There is not sufficient parking for the proposed café. • The development would result in cooking odours in the surrounding area. • Takeaway meals would cause litter problems • It is likely that café would attract people from outside the area and the influx of traffic associated with this would put pressure on the limited parking availability in the area. • The possibility of outside tables would give rise to noisy behaviour. • The proposed café would be on the route between the University Buildings in the City Center and the Student Halls of Residence in Penylan and this may result in numbers congregating in the early evenings. While opening times may, initially, be restricted, it is likely that after been granted
67 planning permission for a change of use, an extension to these hours, and a possible licensing application for the premises could be sought. • There are already many businesses providing similar facilities near to the site. There is no need for an additional café/A3 use. • Previous proposals to open an A3 use in the area have been refused by the local planning authority because ‘The proposal if allowed would adversely affect the amenities which could reasonably be expected to be enjoyed by nearby residents by virtue of smell, litter, noise and the hours of opening associated with such a business to the detriment of the predominately residential area’. Circumstances have not changed in the area since this refusal. • The proposal is contrary to the provisions of the adopted local plan that states “Outside the district and local centres it is unlikely that A3 use would be acceptable in residential neighbourhoods where this would result in the loss of amenities and an increase in traffic an nuisance” • The five retail units on Maryport Road should be restricted soley for uses within classes A1 and A2 of the Use Class Order. • An unhealthy precedent would be set which would easily facilitate the change of use of other shops in the area to cafes or take away establishments.
7.3 A letter of support has been received from the business occupying 14 Maryport Road (Covers Designer Dress Agency). The letter includes the following points
• The proposed tea room would be an asset to the parade of shops, both in terms of maintaining the good appearance of the area and in contributing to the viability of other businesses. • Many people visit the shop at 14 Maryport Road and request whether there is somewhere they can go for a cup of tea. They have to be advised that there is currently no such facility in the area. • A few people visiting the shop at 14 Maryport Road have expressed concern that there might be late night noise from the proposed development but after being made aware that the proposed tea rooms would only open until 6.00pm people generally appear to welcome the proposal. • The closed shop is rather unsightly. It is hoped that the parade of shops will be fully occupied again soon.
7.4 Letters of support have been received from the occupiers of Nos. 12 & 14 Ennerdale Close. The letters includes the following points:
• The facility would create a useful amenity for many residents of the surrounding area and would create a valuable community focal point. • Similar café developments in Pontcanna, Waterloo Gardens and Radyr have created a welcoming environment and brought customers to area which, being residential, are otherwise empty during the day. • It is understood that the café would have limited opening hours and would not serve hot food beyond toasted sandwiches, tea cakes and such like.
68 Similar restrictions have successfully been applied to the Waterloo Gardens Tea House, which is now an award winning venue which generates regular positive attention for Cardiff in the national media. There are similarities between that development and the current proposal in that both sites are situated in a parade of mixed use shops and the proposal to change the use of the premises at Waterloo Gardens generated similar concerns at the planning application stage. Waterloo Gardens Tea House is now widely frequented and warmly received by locals and visitors alike. • There appears to be a false impression that future tenants of the premises could simply change the premises from a café to a fast food outlet without further reference to the local planning authority.
8. ANALYSIS
8.1 It is noted that the Restaurants, Takeaways and Other Food and Drink Uses (SPG) states that ‘food and drink uses are unlikely to be acceptable within or adjacent to residential areas, if they would cause nuisance and loss of amenity to residents, or result in the loss of residential property”. The proposed development would not result in the loss of a residential property. The Strategic Planning Manager (Land use policy) advises that the proposal raises no significant land use policy concerns, subject to an assessment of the likely impact upon residential amenity.
8.2 The proposed use of the site would consist of selling and serving teas and coffee and cold food such as cakes, sandwiches and salads. The applicant also wishes to sell some hot food such as paninis, tea cakes and soup. The proposed opening hours are 8am to 6pm Mondays to Saturday and 9am-6pm on Sundays.
8.3 The change of use of the premises to an unrestricted A3 Use Class would raise concern in terms of its impact on residential amenity, in particular the impact on the first floor flat above the premises. However, the proposed use would operate only between the hours of 8am and 6pm and be limited to the sale of cold and warmed food such as toasted bread, pastries and cakes, with no cooking of food taking place at the premises. On this basis, it is considered that the proposed use would not generate noise or odour nuisance. The Operational Manager, Pollution Control, has no objection to the proposal subject to conditions (see paragraph 5.2).
8.4 It is noted that planning permission was refused in 1995 to change the use of 14 Maryport Road from a shop to a restaurant (application ref: 95/0183/N). However, this proposal was significantly different to the current proposal as it included late opening hours and cooking of hot food.
8.5 Having regard to the proposed opening hours, the nature and scale of the proposed use, and the local planning authority’s ability to impose conditions on any planning permission, it is considered that it would be unreasonable to refuse the application on the grounds of its impact on residential amenity.
8.6 The application site does not include any external areas. However, in order to
69 protect the privacy and amenity of neighbouring occupiers it is considered prudent to impose a condition restricting the proposed use to the interior of the building only.
8.7 It is considered that the proposed use would not detract from the character of the area. The site is located within an established small parade of mixed uses including shops, hair salon and opticians. No alterations are proposed to the shop frontage and the proposed opening hours are in line with typical shop opening hours.
8.8 The Operational Manager (Waste Management) has no objection to the proposal subject to a condition requiring details of refuse storage (see condition 7)
8.9 The concerns raised in respect of parking are noted. However, it is considered the proposed use would not result in an increase in parking generation over and above that of the existing shop use to the extent that would warrant refusal of planning permission. It is recommended that a condition be imposed on any permission to prevent the use of the premises as a hot food takeaway (see condition 4). The Operational Manager (Transportation) has no objection to the proposal on this basis (see paragraph 5.1).
8.10 In response to other concerns raised not address above:
• The application does not propose the change of use of the premises into a hot food takeaway. Condition 3 would prevent the cooking and sale of hot food from the premises. • No late night opening hours are proposed at the premises. Condition 2 would prevent opening of the premises between 6pm and 8am. • The imposition of conditions restricting the use of premises within a particular Use Class has been imposed on previous planning permissions approved by Planning Committee. Such conditions are considered reasonable and enforceable. • There are not many businesses providing similar facilities near to the site. • It is considered that the proposal would not set an unacceptable precedent which would facilitate the change of use of other shops in the area to cafes or take away establishments. • It is considered that the proposed use would not result in an increase in antisocial behaviour in the area.
8.11 It is recommended that planning permission be granted, subject to appropriate conditions.
70 71 72 LOCAL MEMBER OBJECTION
COMMITTEE DATE: 11/08/2010
APPLICATION No. 10/01139/E APPLICATION DATE: 21/06/2010
ED: CYNCOED
APP: TYPE: Full Planning Permission
APPLICANT: Mr & Mrs Eurig Willaims LOCATION: 107 LAKE ROAD WEST, ROATH PARK, CARDIFF, CF23 5PJ PROPOSAL: SINGLE STOREY REAR KITCHEN EXTENSION PLUS RAISING SIDE GARDEN WALL AT REAR
______
RECOMMENDATION 1: That planning permission be GRANTED subject to the following condition(s):
1. C01 Statutory Time Limit
2. The consent relates to the application as amended by the revised plans numbered 10/107-D-02A, received on 29th July, 2010 attached to and forming part of this planning application. Reason: The plans amend and form part of the application.
3. No development shall take place until details of the external finishing materials and the solar heat collector panels have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details Reason: To ensure that the finished appearance of the development is in keeping with the area
RECOMMENDATION 2: You should contact Welsh Water before commencing the development since it may lie within the easement of a public sewer that crosses the site. The approximate position of the sewer is marked on the attached record plan. No development (including the raising or lowering of ground levels) will be permitted within the safety zone which is measured either side of the centre line. For details of the safety zone please contact Dwr Cymru Welsh Water’s Network Development Consultants on 01443 331155. Please note that the grant of planning permission does not give any rights to build within a sewer easement without first obtaining the consent of Welsh Water
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 The application is for the erection of a single storey rear kitchen extension and the raising of the side garden wall at 107 Lake Road West. A design statement has been submitted in support of the application
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1.2 The single storey extension will be 3.3-5m wide, 5-7.2m long and 4.2m high with a hipped roof. It is also proposed to insert two solar heat collector panels on the southern side elevation of the extension
1.3 It is proposed to raise the side garden wall adjoining the lane by 0.5-1.3m in height for 12.7 metres, resulting in a wall of 2.1-2.3m height
1.4 The original proposal incorporated a proposed parking area and access from the side lane to the front of the dwelling. However, following concerns raised by this service, this proposal has been deleted from the application
1.5 A small chimney stack on the rear elevation of the roof will be removed. This does not require planning permission nor conservation area consent
2. DESCRIPTION OF SITE
2.1 The property is a two-storey detached dwelling, located in a residential area. The site is within Roath Park Lake and Gardens Conservation Area
3. SITE HISTORY
3.1 None
4. POLICY FRAMEWORK
4.1 The application site is shown as part of an existing housing area indicated on the Proposals Map of the City of Cardiff Local Plan. Relevant policies of the Local Plan Include:
Policy 3 (Conservation Areas) Policy 11 (Design and Aesthetic Quality)
4.2 The following policies of the Deposit Cardiff Unitary Development Plan (October 2003) are considered to be relevant to the proposal:
Policy 2.20 (Good Design) Policy 2.24 (Residential Amenity) Policy 2.53 (Conservation Areas)
4.3 Supplementary Planning Guidance Householder Design Guide (Adopted March 2007)
4.4 TAN12: Design
4.5 Roath Park Lake and Gardens Conservation Area Appraisal
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5. INTERNAL CONSULTEES RESPONSES
5.1 The Operational Manager Environment (Pollution Control) has no objection to the proposal.
5.2 The Operational Manager Transportation has no objections to the amended proposal
5.3 The Strategic Planning Manager (Conservation & Design) states that; i) there are no concerns for the rear extension which is set well back within the site, uses materials to match the main house and retains all art deco glazing ii) he notes that the plans show the application of solar heat collector panels on the side elevation. This is a good location and follows the advice within the SPG; and iii) he raised objections to the proposed parking area and access due to its impact upon character of the area and the setting of the park. However, this element of the proposal has been deleted from the application
EXTERNAL CONSULTEES RESPONSES
6.1 East Cardiff Conservation Group has no objections, if materials are in keeping with the existing property including timber windows
6.2 Welsh Water states that the proposal crosses a public sewer (see recommendation 2)
7. REPRESENTATIONS
7.1 Cllr K Lloyd objects to the proposal for the reason that the lane between Lake Road West and Windermere Avenue is extremely narrow and is used by vehicles and pedestrians and she is concerned about the safety of the area if more cars are going to use the lane to access any hard standing parking.
7.2 Letters have been received from the occupiers of 22,24, 26, 28 and 30 Windermere Avenue, objecting to the proposal for the following reasons;
(i) the proposal is not in keeping with the Conservation Area; (ii) the extension is very large and would spoil the appearance of the existing house from the front; (iii) the extension is too large and too close to the lane; (iv) the extension would block residents’ views of the lake; (v) the proposed extension is at an odd angle to rest of house and would be incongruous; (vi) the proposed windows and solar panels are not in keeping with Councils conservation policy; (vii) the raising of the wall, does not specify the height on the submitted drawings; and
75 (viii) the proposed off-road parking should be undertaken without altering the appearance of the wall adjoining the road
7.3 The proposal and its description have been amended (see para 1.4) and neighbouring occupiers have been advised accordingly on these changes. Any additional representations will be reported to Planning Committee
8. ANALYSIS
8.1 The amended proposal relates to the erection of a single storey extension and the raising of the garden wall.
8.2 The main planning issues relate to:
(i) the design and appearance of the extension and raised garden wall and their likely visual impact on the street scene; (ii) the impact of the proposal on the character and appearance of the Roath Park Lake and Gardens Conservation Area; and (iii) the impact of the proposal on the amenities of neighbouring occupiers
8.3 Following concerns raised by this service, the proposal has been amended so that the proposed front car parking area and associated works have been deleted from the application
8.4 The proposed extension is 1 metre from the boundary with the access lane, 5 metres from 105 Lake Road West, 7-8 metres from 109 Lake Road West and 11 metres from the rear boundary. It is not proposed to insert any windows on the side elevation facing no 105 and the garden wall is to be raised to a height of 2.1-2.3 metres. It is not considered that the proposal would have a prejudicial impact upon the privacy of adjoining neighbours
8.5 It is considered that the proposed extension and raised garden wall would not have a prejudicial impact upon the amenities of adjoining occupiers
8.6 The design of the proposed extension is considered to be acceptable, as it set back from the main frontage to the rear of the site, is of a modest size with a hipped roof to reflect the existing dwelling and uses materials to match the existing dwelling (see condition 3)
8.7 The proposed solar heat collector panels are considered to be acceptable, subject to satisfactory details (see condition 3)
8.8 The raising of the garden wall is considered to be acceptable as it adjoins an existing side lane and uses materials to match the existing wall
8.9 It is not considered that the proposed extension and raised garden wall would prejudice the character and appearance of the Conservation Area as the proposals are sited to the rear of the site, are of a modest size and use materials to match. The proposal will have a minimal impact upon the character and appearance of the Conservation Area and thus complies with
76 Local Plan Policies 3 and 11 and Deposit Unitary Development Plan Policy 2.53
8.10 The Strategic Planning Manager (Conservation) raises no objection to the amended proposal
8.11 In regard to the objection received from Cllr K Lloyd, it should be noted that the parking element of the original proposal has been deleted from the scheme
8.12 In regard to the objections received from neighbouring occupiers;
i) see paras 5.3 and 8.9 ii +iii) see para 5.3. It is not considered that the extension is excessive in size, a modest single storey extension and there is ample room within the plot for the extension. The proposed extension is sited 1 metre from the lane and this is considered to be acceptable iv) not a material planning consideration v) the extension is angled away from the main dwelling, but is sited to the rear of the site and follows the line of the boundary (which is angled) and is considered to be acceptable vi) see paras 5.3 and 8.6 vii) see paras 8.5 and 8.8. The submitted plans showing the raised garden wall are to scale and the height is clear viii) amended plans have been received, which show the parking area and associated works deleted from the application
8.13 Planning permission is recommended, subject to appropriate conditions.
77 78 79 COMMITTEE DATE: 11/08/2010
APPLICATION No. 10/527/C APPLICATION DATE: 30/03/2010
ED: BUTETOWN
APP: TYPE: Full Planning Permission
APPLICANT: Expertlease LOCATION: 113-116 BUTE STREET, BUTETOWN, CARDIFF, CF10 5TE PROPOSAL: CHANGE OF USE TO MULTI-USE VENUE FOR WEDDINGS, WEDDING RECEPTIONS, ART AND OTHER EXHIBITIONS, FILMING AND TELEVISION PRODUCTION, CONFERENCES AND CORPORATE EVENTS, MEETING ROOMS, PRIVATE PARTIES, NON AMPLIFIED LIVE MUSIC EVENTS , SOCIAL GATHERINGS, FASHION SHOWS, and TEMPORARY EVENTS. TO INCLUDE THE PLAYING OF RECORDED MUSIC WHERE REQUIRED; AND OPENING UP OF EXTERNAL DOORWAY TO FORM LEVEL ACCESS ______
RECOMMENDATION: That planning permission be GRANTED subject to the following conditions:
1. The development permitted shall be begun before the expiration of two years from the date of this planning permission. Reason: In accordance with the provisions of Section 91(i)(b) of the Town and Country Planning Act 1990.
2. Prior to the beneficial use of the banking hall for the purposes hereby approved, the banking hall shall be repaired and redecorated in accordance with a scheme of detail which shall first have been submitted to and agreed in writing by the Local Planning Authority. Reason: To ensure for the timely restoration of the listed interior.
3. The repair and redecoration works identified and approved in respect of condition 2 above shall be completed before the expiry of two years from the date of this planning permission. Reason: To secure the repair and redecoration of the building on the terms agreed on the date of decision within a timely period.
4. The premises shall be used only for the purposes specified in the application and for no other purpose whatsoever (including any other uses which may be encompassed within classes A3, B1, D1, D2 of the schedule to the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument amending, revoking or re-enacting that Order) without the prior written agreement of the local planning authority. Reason: To accord with the terms of development applied for and to mitigate against the potential for alternative uses (including other uses
80 which may be encompassed within classes A3, B1, D1, D2 or other sui-generis activities unreasonably detracting from the amenities of occupiers of nearby residential premises.
5. Amplified recorded music shall only be played within the premises through a permanent and directional amplification / speaker system, the details of which (including any method of volume / low frequency limitation) shall first have been submitted to and approved in writing by the local planning authority, and the system shall thereafter be installed and used within the limits approved. Any subsequent changes to the system shall first be approved by the Local Planning Authority in writing. Reason: To ensure that the amenities and working conditions of nearby residential and business properties are protected.
6. The sound amplification equipment used within the building shall be fitted with a noise limiting device which shall be set at a level approved by an authorised officer of the Council’s Pollution Control Division prior to initial use. The device shall be tamper-proof with adjustments only possible by a suitable qualified engineer, and any subsequent changes to the device settings must first be approved by an authorised officer of the Council’s Pollution Control Division in writing. Reason: To mitigate against potential nuisance to neighbouring and nearby occupiers.
7. No amplified recorded music shall be played within the premises until such time as a scheme of soundproofing has been completed in accordance with details that shall first have been submitted to and approved in writing by the local planning authority. Reason: To ensure that the amenities and working conditions of nearby residential and business properties are protected.
8. This permission does not permit the playing of amplified live music within the building. Reason:For the avoidance of doubt.
9. No member of the public shall be admitted to or allowed to remain on the premises between the hours of 23.30 and 07.00 other than on the st 1 of January. Reason: To ensure that the amenities of occupiers of nearby residential premises in the vicinity of the site are protected.
st 10. On the 1 January No member of the public shall be admitted to or allowed to remain on the premises between the hours of 01.00 and 07.00. Reason: To ensure that the amenities of occupiers of nearby residential premises in the vicinity of the site are protected but to allow the premises to provide a venue for new years eve parties.
81 11. If at any time the use of the premises is to be used for activities involving the preparation / cooking of hot food, then all fumes from the food preparation areas shall be mechanically extracted to a point to be first agreed with the local planning authority and the extraction system shall be provided with a deodorising filters; and all fans and pumps shall be so mounted and installed so as not to give rise to any noise nuisance. Details of the above equipment shall be submitted to and approved by the Local Planning Authority and the equipment installed prior to the cooking of food commencing. The equipment shall thereafter be maintained to the satisfaction of the Local Planning Authority in accordance with the manufacturers' guidelines, such guidelines having previously been agreed by the local planning authority in writing. Reason: To ensure that the amenities of adjoining and nearby occupiers are not prejudiced.
12. Prior to the beneficial use of the premises for the purposes approved, A minimum of 4 no. 1100 litre lidded bins must be accommodated within the building, and thereafter be presented to ship lane or such other location as may be agreed by the Local Authority Waste Management Officer on prescribed days of collection only. No waste from the building shall be stored on the highway at any other time. Reason: To mitigate against potential littering of the highway and surrounding area which detracts from the amenity of the area.
13. Prior to the beneficial use of the premises for the purposes hereby approved, a scheme of lighting and CCTV surveillance equipment with the capacity for continuous recording, shall be provided to cover all entrances and exits from the building and the area of ship lane and surrounds in accordance with a scheme of detail which shall first have been submitted to and approved in writing by the local planning authority. Reason: To act as a deterrent / mitigate against the occurrence of criminal and or anti social activity and to provide an evidence base should such activities occur.
RECOMMENDATION 2: That the applicant be advised to encourage patrons to leave the premises in a quiet and orderly fashion given the proximity of the residential properties in the area.
RECOMMENDATION 3: The applicant be reminded that no works which would affect the character of the building as a building of architectural and historic interest can commence until such time as listed building consent has been granted for such works.
RECOMMENDATION 4: That the applicant be advised to promote public transport opportunities to the venue and encourage patrons not to park illegally within the area.
82 1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 This application proposes the adaptation of the ground floor banking hall and basement within the former Nat West Bank in Bute St for the purpose of a Multi-Use Venue for a defined number of activities as indicated in the application description.
It should be noted that although the application originally sought planning permission to use the premises for live music events, that the playing of amplified live music has now been omitted from the proposals.
1.2 The development also includes the creation of a side entrance to the southern elevation of the building to form a fire escape to Ship Lane.
2. DESCRIPTION OF SITE
2.1 The building occupies a whole plot width between Bute Street and West Bute Street and has two principal frontages. The building abuts the next adjacent building to the north; and has a side service lane ‘Ship Lane’ to its Southern elevation. Ship Lane is used as a pedestrian shortcut between Bute St. and West Bute Street.
The former bank is Listed as being of Architectural and Historic Interest (Grade II* [two star]) and is also located within the Mount Stuart Square Conservation Area.
2.2 The building is of five storey height with Portland stone facade, The Bute Street elevation is framed by giant fluted engaged Ionic orders and additional classical adornments. The rear of the building to West Bute St is similarly composed as the building has a double frontage. The Ship Lane elevation is a somewhat dower cement rendered service lane by comparison but is not easily publicly visible from the Bute St. side as the frontage contains a ‘flying freehold’ forming an direct abutment to the bank at upper storey level.
2.3 The ground floor entrance to the building from Bute St is to the right hand (Northern) side accessing a through passage to West Bute St. and circulation by lift and stairs to upper floors. The banking hall is located to the south of the access passage, and is a Grand, open-plan Banking Hall of basilica type plan with originally brightly painted Classical detail and finely finished marble walls; (the painted details have suffered distemper and staining from water ingress and are in need of repair and redecoration); the banking Counter and ceiling relief detail have a semicircular form to the western end of the hall. The hall has panelled and gilded ceiling relief detailing and the central area behind the counter is top lit by high roof lanterns. The hall also has fluted columns and matching pilasters on outer walls and a full Doric frieze including plaster roundels based upon Greek coins. The mahogany counters have marquetry inlay banding; but slight variations indicate that the counter is not wholly original, or at least has been modified previously. The counter has certainly been adapted to accept a somewhat unfortunate modern security screen.
83 The basement is a typical robust concrete and tile storage space retaining some original vaults but has most recently used for paper filing.
3. SITE HISTORY
3.1 The building was constructed circa 1926-7 by the National Provincial Bank of England architects F C R Palmer and W F C Holden.
3.2 04/00264/C Variation of conditions Minor Internal Modification And Fit Out To Form Restaurant To Ground Floor. Modification To Condition 4 (03/2019c) To Change Closing Times From 23.00 To 01.00 Hours REFUSED
03/02019/C Full Planning Permission Minor Internal Modification And Fit Out To Form A Restaurant To Ground Floor GRANTED
03/02003/C Listed Building Consent Minor Internal Modification And Fit Out To Form A Restaurant To Ground Floor GRANTED
94/01280/R Listed Building Consent Refurbishment Works, Internal And External (Excluding Ground Floor) GRANTED
94/01281/R Full Planning Permission Refurbishment Of Windows To Listed Facade - Removal And Erection Of Mechanical Plant To Roof GRANTED
Various permissions and consents exist for minor works and installation of teller machines etc dating from the mid 1980s.
4. POLICY FRAMEWORK
4.1 Planning Policy Wales 2002
4.2 Welsh Office Circular 61:96 Planning and the Historic Environment.
4.3 Cardiff Unitary Development Plan Deposit Written Statement Oct 2003
Policy 2.24: Residential Amenity Policy 2.31: Central and Waterfront Business Areas Policy 2.38: Provision of Complementary Facilities in Office, Industrial and Warehousing Developments Policy 2.51: Statutory Listed Buildings
84 Policy 2.53: Conservation Areas Policy 2.55: Public Realm Improvements Policy 2.57: Access, Circulation and Parking Requirements Policy 2.62: Flood Risk Policy 2.64: Air, Noise and Light Pollution Policy 2.74: Provision for Waste Management Facilities in Development
4.4 Supplementary Planning guidance
Restaurants, Takeaways and other Food and Drink Uses (June 1996) Mount Stuart Square Conservation Area Appraisal (2009)
4.5 Other Material Considerations.
City Centre Strategy (2007-2010)
5. INTERNAL CONSULTEE RESPONSES
5.1 Transportation: - No adverse observations.
5.2 Pollution Control: Air - No Comment
Noise - Prior to amplified music being played in any room it shall be insulated for sound in accordance with a scheme to be submitted and approved in writing by the Local Planning Authority. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.
No member of the public shall be admitted to or allowed to remain on the premises between the hours of 01:00 and 08:00 on any day. Reason: To ensure the amenity of occupiers of other premises in the vicinity are protected.
Contaminated Land - No Comment
5.3 Waste Management: A minimum of 4 no. 1100 litre bins must be accommodated internally, this will allow for variation in the usage of the building.
Waste must either be stored internally or sensitively integrated within its surroundings and reflect building design due to the sensitive nature of the conservation area. Visual impact must be kept to a minimum.
• Waste must not be stored on the highway
85 • Commercial and domestic waste must not be mixed
Please advise the agent/applicant that a commercial contract is required for the collection and disposal of all commercial waste.
5.4 Strategic Planning Manager:
Considers the uses acceptable in Land Use Policy Terms subject to detailed consideration of amenity issues, but seeks Public Realm Enhancements or the provision of a financial contribution of £30,000 to offset increased footfall to the site and enhance the character of the conservation area.
5.5 Central Area Conservation Group
Raise No objection to the proposals.
6. EXTERNAL CONSULTEE RESPONSES
6.1 Environment Agency Wales Do not require a Flood Consequences Assessment in this instance, but advise that the applicant be made aware of the potential for flooding in the area; and be advised to incorporate flood defence measures into the development.
6.2 Welsh Water Raise no objection to the development proposed
6.3 South Wales Police The Crime Reduction Advisor raises no adverse observations.
7. REPRESENTATIONS
7.1 The application has been advertised in the press and extensively on site. Neighbours and Local Members have been consulted.
7.2 United Welsh Housing Association, (As the owners of Cliff Court and St Clairs Court on West Bute Street) have indicated concerns as follows:
• We have been dealing with issues of anti social behaviour often alcohol related in the evenings and nights both in the vicinity and in Ship Lane. We are concerned that the licensed venue may increase anti social behaviour in the area.
• We have concerns that the side access into the lane may be problematic; this area is a problem for rubbish and anti social behaviour at present.
86 • There could be noise implications for our residents in relation to the music venue.
• We are aware that Cardiff Council are looking at whether this area could be gated to prevent further disorder.
• Would it be possible to restrict the times that music is played and the side access? Would the development look at increased security through CCTV cameras?
7.3 J Osgood (local resident) comments.
I write with reference to the above planning application. This looks like a very welcome addition to our neighbourhood from an economic, social and cultural perspective and it will make great use of the one of the most impressive buildings in the old parts of the Bay. I've been in this building for events myself and it will benefit greatly from a proper restoration and use.
As residents we choose to live in this area, i.e. a vibrant city and have access to some fantastic events, festivals and venues and are exposed to the great diversity these opportunities bring. I would just ask that any licensing and planning consent shows some sympathy toward all local businesses and residents - by which I mean:
y The current refuse situation on West Bute Street is not really acceptable, with orange bags (through no fault of the local businesses) being torn open by gulls and urban foxes (I've seen several!) leaving the streets in a mess many mornings of the week - so some improvement to the bins service for those businesses (and any new ones such as 113-116 Bute Street) would help them and local residents enjoy a better environment - the provision of bins for local businesses or the collection of refuse at other times (i.e. bags not being left overnight) would help this situation greatly
y Hours of licence - the Bute Dock Hotel is an excellent neighbour for example (who will benefit greatly from this development) and a key part of the local scene as are all the other businesses including bars, restaurants and shops - all of whom will benefit from this development, the licensing hours just need to be sensible - i.e. bearing in mind most local residents work during the day so sleep at night and would be in bed before midnight - if events go on after that then fine but if people leave at 3am and make excessive noise or music is loud in to the early hours then there could be problems
y Likewise the music licence in terms of sound levels and frequency - if someone wants silence they should live in the country so to hear music at times to a certain level is great and a part of urban living - this too needs a balance so for example - up to 11pm on week nights and later on weekends would be fair and to whatever noise levels the council deems acceptable levels (in terms of what is emitted from the building), but all day
87
y Parking - West Bute Street can be a bit of a nightmare on times with regards double parking (even when there are many parking spaces available) which if left unchecked will cause a serious accident especially at the junction with James Street (there was one recently on the junction of Mt Stuart Square and West Bute Street) - I think people just need some form of encouragement to park in the spaces provided rather than on double yellow lines on the pavement - these problems will only be exacerbated with increased traffic this development will bring.
y Traffic - some form of traffic calming measures on West Bute Street (as on Adelaide Street - sleeping policemen) would ultimately benefit all local residents and businesses - traffic speeds through far too quickly (using West Bute Street as cut through) and a pedestrian or driver is going to be seriously injured or killed if this continues (especially with the increased footfall and car traffic this development will bring).
y Patrons of the venue - as a likely patron of the venue myself and resident I would just ask the owners of the building and the managers of it to encourage all visitors to leave the building with it in mind that the area is both commercial and residential so leaving quietly (as much as is possible!) should be encouraged.
7.4 ‘Intentium’ The office user at Suite 3 Cambrian Buildings opposes the development until such time as existing issues of waste management in the area can be satisfactorily addressed. They write to advise that litter is a constant problem in the area with many refuse sacs often split and left uncollected.
They would also not support the playing of any load music during office hours.
7.5 I Aves, an occupier of Cymric Buildings has written to advise
• that there must be adequate sound proofing of the premises to minimise noise disturbance to residents of West Bute St from Live and Recorded Music. • That principle access and egress should be via Bute St and not West Bute St. • That adequate and suitable provision for refuse must be made, especially in respect of any food wastes, to prevent seagull damage to rubbish sacs. • That adequate licensed guard supervision of premises and adjacent public areas must be made to manage any anti-social behaviour. • That there should be no smoking areas adjacent to property in West Bute St.
7.6 ‘Safer Wales’ a long term tenant within the application building have written to support the proposal for a multi-use space within the banking hall and to
88 commend the applicant for their sensitivity in improving the building condition since taking over as managers.
8. ANALYSIS
8.1 Land Use Policy
The premises are located within the Inner Harbour Principal Business Area as defined in the City of Cardiff Local Plan, within the Waterfront area of the approved City Centre Strategy 2007-2010 and within the Mount Stuart Square Conservation Area. 113-116 Bute Street is a Grade II* listed building and the proposed change of use involves around 1500m2 of vacant Class A2 floorspace.
8.2 The application proposes to change the use to venue for mixed use activities (Sui Generis with stipulated activities) such as for weddings, wedding receptions, art and other exhibitions, filming and television production, conferences and corporate events, meeting rooms, private parties, social gatherings, fashion shows, and temporary events, to include the playing of recorded music where required. The proposal as originally submitted also included for the playing of live music, but this has since been modified to allow for the playing of non amplified live music only.
8.3 In this area there is a presumption in respect of the protection of business floorspace, however the applicant advises that the ground floor A2 (banking hall) of 113-116 Bute Street has been actively marketed for a considerable time, but has remained vacant for at least the past eight years. This situation is corroborated by officers of the Council. The upper four floors of the building are currently occupied and let as B1 (office) floorspace and this would remain.
8.4 On this basis and accepting the potential benefits that the proposal has to complement the overall mix of uses within the IHPBA during the day / evening, the proposed development is considered acceptable in land-use policy terms subject to detailed design and access considerations not compromising the beneficial use of the offices on the upper floors, or detracting from the living environment of nearby residential conversions.
8.5 Residential Amenity/Potential Air Noise and Light Pollution.
Use of premises for Eating, Drinking and Entertainment can contribute positively to the local environment, local community, and local economy by adding to the diversity of its attractions and facilities and promoting local environmental improvements through associated area enhancements and the refurbishment of vacant buildings.
8.6 They can however also cause harmful effects, such as litter, noise and disturbance if they are not appropriately managed or regulated.
8.7 There is therefore an obvious need to ensure for the protection of residential amenity in the area, and it would therefore appear reasonable to control issues of sound proofing and hours of operation by means of planning
89 condition to ensure that an acceptable balance is achieved between potential benefits and harmful impacts.
8.8 The comments of the Pollution Control Officer are noted. However, on balance the recommended closing time of 1pm is not concurred with until the impact of the development can be fully assessed. It is therefore recommended that closing be limited to 11.30 in the first instance, and that the applicant be invited to extend that limit at a future date if the use of the premises have not raised any issues of nuisance within the first years of operation.
8.9 The applicant originally requested that the building be available for live music performances, However further to assisting the local authority’s consideration of the proposal by means of commissioning an acoustic report, This element of the proposals has been withdrawn in respect of any amplified live music, as it was not considered that it would be possible to cost effectively insulate the building, or to insulate it in a manner which would not unduly detract from its architectural integrity. (i.e. if granted, the planning permission would allow the venue to be used by a choir, or by persons playing piano or acoustic guitar, but not by persons playing instruments reliant on amplification such as electric guitars or projection of voice through microphone / voice amplification systems)
8.10 In respect of events using recorded music, as the building is listed, it has been accepted by the applicant that there will be limitations as to the nature of sound proofing measures as might be undertaken without affecting the architectural character of the building; and although it is not envisaged that noise levels generated from wedding reception discos or private parties would be problematic in respect of a building of this size and construction if limited to a sensible volume, it would seem reasonable to address potential nuisances.
8.11 To this end meetings have taken place between the applicant and officers from both the pollution control and planning divisions of the Council with a view to agreeing the principle of any necessary physical adaptations to the building and likely best mechanism of sound attenuation as may be required,
As requested by members of the Pollution Control division. The applicant has commissioned an acoustic report containing recommendations relating to the playing of music within the building. It advises that because of the amount of glazing within the banking hall, that the venue is likely to be unsuitable for amplified live music events, and recommends the provision of secondary glazing of the banking hall, which has very large metal framed single glazed windows, to attenuate any noise related to the playing of recorded music, and the applicant has agreed to undertake such measures.
The applicant has however been advised that even if fitted, that this would not exempt the applicant from proceedings relating to noise nuisance should any be reported.
8.12 Historic Environment
90
It is noted that the banking hall, although Grade II*, has not been publicly accessible for almost a decade, and has begun to deteriorate through lack of maintenance and repair. The proposals to undertake roof repair and restoration works are therefore fully supported from a conservation perspective, and the business proposal is viewed positively in generating a revenue for the upkeep of the building fabric generally.
From a conservation area perspective, the only external modification proposed to the building, is the creation of an additional fire exit door within the elevation of the building fronting the side access lane. Which will be set against an existing rendered background. This is considered de-minimis in respect of its impact on the character of the Mount Stuart Square Conservation Area.
The internal modifications proposed are more appropriately considered under the terms of the parallel listed building consent application, but are mainly restorative in nature, notwithstanding a proposal to relocate part of the existing banking counter to a side wall to make the internal space more usable. A separate report is presented in respect of these works but the proposals are generally considered acceptable and to accord with planning guidance which requires that special regard be had to the preservation of the building and its architectural features.
8.13 Public Realm Considerations
Policy 2.55 of the deposit Unitary Development Plan identifies the need for new developments to make appropriate provision for public realm improvements.
8.14 The public realm surrounding the site is of a poor quality and consists of a mixture of paving materials, including block paving and pennant slabs which are worn and broken in places.
The Strategic Planning Manager suggests the intensification of use associated with this proposal will place increased pressure on an inadequate public realm which would need to be enhanced for the proposed development to be considered acceptable and to provide a safer and more attractive public realm than that which surrounds and serves the site at present. He suggests that the applicant be asked to undertake the re-paving of the footways to the perimeter of the site, or to provide a contributory payment toward the Council undertaking the works. A figure of £30,000 being considered appropriate.
8.15 The applicant has been approached in this respect but has asked that this request be re-assessed. He points out that previous permissions for use of the building as a restaurant in 2003 and 2004 did not require such payments; that previous applications for development of surrounding land cited as a precedent involved much more comprehensive development and were able to more easily absorb such costs, but that in any event these developments have not progressed; and that the status of the building as a listed building
91 should be taken into account, especially as the banking hall has been vacant for many years, and requires substantial maintenance works to prevent its degradation (summary report of costs supplied).
8.16 An inspection of the building has indeed confirmed that the lantern roof of the banking hall has failed in some areas and that maintenance works were ongoing to resolve problems of water ingress which had caused swelling and discolouration of plasterwork to the frieze and ceiling details. Similar repair and restoration works were being undertaken to the metal windows in the building, and these repairs and re-decoration are advised to cost some £28,069.00 and further monies proposed to be spent on the fabric of the building, advised as totalling an additional £34,115.
8.17 In summary it is suggested that although a public realm contribution would be considered justifiable in respect of the improvement of the area generally for any development which involved new build, or additional floorspace, that it is not wholly justifiable in this instance on the basis of ‘intensification’ given the former use of the building, and that the preservation of this listed building, which is an integral component of the character of the conservation area such public realm enhancements are designed to support, is a material consideration in this case, and its restoration and re-use a priority.
8.18 Given the above, but not wishing to set undesirable precedent for the waiving of public realm enhancement contributions or works in respect of future applications, it is proposed that such public realm contributions be offset against a conditional consent, which might include for such measures as would ensure for the undertaking of the repairs and implementation of the permission within reduced timescale, (within the next two years), and also to include for the provision of external security measures (CCTV) which will provide for an enhanced environment for all.
8.19 Access, Circulation and Parking Requirements
The area is served by rail from Cardiff Bay Station which is close by, and by the Bay Car bus service. The site has controlled car parking on Bute St, West Bute St. and Mount Stuart Square and the Transportation Officer has no objection to the proposals.
The advice from neighbours relating to the applicant advising patrons not to park illegally in the area is accepted and this can be a further recommendation of the report. Occurrences of illegal parking are however a matter for the relevant authorities.
Subject to the applicant making public transport arrangements apparent to potential users of the venue, the development is considered acceptable in access and transportation terms.
8.20 Flood Risk
The site is located close to Cardiff Bay, its docks, dock feeders and the River
92 Taff and its potential likelihood of flooding reasonably well assessed. The views of the Environment Agency are noted and concurred with and the applicant can be advised of the potential impacts of flooding on property and human health by means of dissemination of the EA’s advice.
The proposal is considered acceptable in flood risk terms based on the advice contained in Technical Advice Note 15.
8.21 Provision for Waste Management Facilities in Development
The applicant has confirmed that a commercial contract with Biffa Bins has been set up to supply 4x 1100 litre bins - 2no. for mixed recycling and 2no. for general waste. Which will be located within the Basement and presented to the allyway to the side of the building collection. This is considered satisfactory.
9. SECTION 106 OBLIGATIONS
As indicated above, the restoration and reuse of the Listed banking hall is considered a priority, and subject to the applicant agreeing to undertake such works within a two year period (which can be secured by condition), Then it is considered appropriate to forego public realm contributions in this instance and no Section 106 undertaking will be required.
Section 91(1)(b) of the Planning Act allows the Local Planning Authority to require the implementation of any Planning Permission within such time limit as it considers appropriate and the repair / restoration of the building can similarly be secured by means of positive / ‘Grampian’ condition, within a given timeframe.
Should the applicant not implement the Planning Permission, then the Local Planning Authority will be able to reassess any requirement for Public Realm Contributions in respect of any future application.
10. CONCLUSION
The development is considered acceptable subject to the undertaking of restoration measures and beneficial use of the building in a timely manner and implementation of measures to deliver appropriate protection of neighbouring and residential amenity, and the granting of planning permission is recommended subject to conditions.
93 94 COMMITTEE DATE: 11/08/2010
APPLICATION No. 10/528/C APPLICATION DATE: 31/03/2010
ED: BUTETOWN
APP: TYPE: Listed Building Consent
APPLICANT: Expertlease LOCATION: 113-116 BUTE STREET, BUTETOWN, CARDIFF, CF10 5TE PROPOSAL: OPEN UP NEW EXTERNAL DOOR OPENING FORMING LEVEL ACCESS WITH INTERNAL RAMP. INTERNAL REFURBISHMENT TO BASEMENT, GROUND AND MEZZANINE FLOORS INCLUDING PARTITION REMOVAL AND RAISED FLOOR CONSTRUCTION. REMOVE MODERN SUSPENDED CEILING ______
RECOMMENDATION: That subject to Cadw not wishing to call in the application for determination, that Listed Building Consent be GRANTED subject to the following conditions:
1. C02 Statutory Time Limit - Listed Building
2. The consent relates to the application as supplemented by the th additional information received on the 29 June (Indicative platform design section) attached to and forming part of this planning application. Reason: The drawings form part of the application.
3. Prior to provision, full construction details of the self supporting stage arrangement shall be submitted to and approved in writing by the local planning authority. Reason: To mitigate against any potential damage to the radial section of the banking counter.
4. Prior to provision, full details of the proposed secondary glazing arrangement in the form of a 1:2 section detail shall be submitted to and approved in writing by the local planning authority. Reason: To mitigate against any potential damage to the architectural detailing of the window.
5. Prior to any redecoration works commencing, full details of the paint specification and colour schemes shall be submitted to and approved in writing by the local planning authority. Reason: To ensure for an appropriate specification and finish.
1. DESCRIPTION OF WORKS
1.1 This application seeks listed building consent for works associated with the adaptation of the ground floor banking hall and basement within the former
95 Nat West Bank in Bute St for the purpose of a Multi-Use Venue. The proposed works involve the division and adaptation of the banking hall counter and re-positioning of radiator surrounds from the western to the eastern side of the hall together with a package of repair and redecoration works.
1.2 The banking hall has been unused for the last decade and the current building management company consider that the building has potential as a venue for weddings, wedding receptions, art and other exhibitions, filming and television production, conferences and corporate events, meeting rooms, private parties, non amplified live music events, social gatherings, fashion shows, and temporary events, to include for the playing of recorded music where required and a planning application has been submitted for such a change of use.
1.3 The works also include for the creation of a side entrance to the southern elevation of the building to form a level access for mobility impaired persons or for others who would benefit from a level access to the building; but this is not considered to impact on the character of the building as a building of architectural interest.
2. DESCRIPTION OF BUILDING
2.1 The building occupies a whole plot width between Bute Street and West Bute Street and has two principal frontages to east and west elevations. The building abuts the next adjacent building to the north and has a side access lane to its Southern elevation. The former bank is Listed as being of Architectural and Historic Interest (Grade II* (two star) ) and is also located within the Mount Stuart Square Conservation Area.
2.2 The building was constructed circa 1926-7 by National Provincial Bank of England by architects F C R Palmer and W F C Holden. The building is of five storey height with Portland stone façade incorporating giant engaged fluted Ionic orders and additional classical adornments, The rear of the building is similarly detailed.
2.3 Internally the ground floor entrance from Bute St allows access to a circulation area and then to a grand open-plan Banking Hall of basilica type plan with originally brightly painted Classical detail and finely finished marble walls; both the banking counter and ceiling detail end in a semicircular arrangement to the western end of the hall. The ceiling in the hall has panelled and gilded ceiling relief detailing; and the central area behind the counters is top lit by high roof lantern. The hall has fluted columns and matching pilasters on outer walls and a full Doric frieze including plaster roundels based upon Greek coins. The plasterwork and relief detailing have become discoloured and distempered of late and are in need of repair and redecoration because of water ingress.
2.4 A central feature of the banking hall is a very large mahogany (possibly Monkey wood [Genus Enterolobium]) counter which is detailed with marquetry
96 inlay banding; but slight variations indicate that the counter is not wholly original, or at least has been modified previously. The counter has certainly been adapted to accept somewhat unfortunate modern security screens, and the tellers drawers to the rear have also been changed for more recent fittings.
3. SITE HISTORY
10/00527/C Full Planning Permission CHANGE OF USE OF BANKING HALL AND BASEMENT TO MULTI_USE VENUE ALSO PRESENTED TO COMMITTEE TODAY
03/02019/C Full Planning Permission MINOR INTERNAL MODIFICATION AND FIT OUT TO FORM A RESTAURANT TO GROUND FLOOR GRANTED
03/02003/C Listed Building Consent MINOR INTERNAL MODIFICATION AND FIT OUT TO FORM A RESTAURANT TO GROUND FLOOR GRANTED
94/01280/R Listed Building Consent REFURBISHMENT WORKS, INTERNAL AND EXTERNAL (EXCLUDING GROUND FLOOR) GRANTED
94/01281/R Full Planning Permission REFURBISHMENT OF WINDOWS TO LISTED FACADE - REMOVAL AND ERECTION OF MECHANICAL PLANT TO ROOF GRANTED
Various permissions and consents exist for minor works and installation of teller machines etc dating from the mid 1980s.
4. POLICY FRAMEWORK
4.1 Welsh Office Circular 61:96 Planning and the Historic Environment.
5. INTERNAL CONSULTEE RESPONSES
5.1 Central Area Conservation Group
Raise No objection to the proposals.
6. EXTERNAL CONSULTEE RESPONSES
6.1 The Amenity Bodies have been consulted.
97 6.2 The Royal Commission on Ancient and Historical Monuments of Wales has no comment on the adequacy of the record relating to this listed building.
7. REPRESENTATIONS
7.1 The application has been advertised in accordance with statutory requirements both in the press and extensively on site.
No representations have been received.
8. ANALYSIS
8.1 The principal alterations proposed are
• Relocation of the linear part of the banking counter to a side wall within the hall. • Removal of modern security screen from the counter • Insertion of a new raised floor area to the western end of the banking hall • Relocation of some radiators from the centre of the main hall • Relocation of the radiator covers from the western side of the hall to the eastern to enable them to remain visible further to the formation of a stage area and to more effectively implement secondary glazing and window protection measures. • Removal of partition walling and replacement with metal balustrade around existing basement access in main hall • Insertion of a new external door to the Southern Allyway. • Removal of some more recently added suspended ceilings and making good • Creation of openings with some walls within the basement area
8.2 Relocation of the linear part of the banking counter to a side wall within the hall.
For over a decade now, further to the departure of Natwest from the bank it has been hoped that another bank might occupy the building and that the layout of the building might be suitable for a new user in its existing form. Unfortunately this has not occurred and one of the principal and more special spaces in the building remains effectively unusable because of the way the space is divided by the banking counter.
8.3 From early negotiations it has always been impressed upon the applicant that it would not be appropriate for the counter to be removed, however, the compromise of relocating the linear run of the counter to an adjacent side wall would appear to overcome the issue of retaining the counter for a practical purpose whilst allowing the opening up of the hall for more practical usage and this is supported.
8.4 Removal of modern security screen from the counter.
98 There are no objections to the removal of the non original screen from the counter. It is presumed that the original counter screen would have been timber, but that this was changed as banking technologies and security requirements changed over time.
8.5 Insertion of a new raised floor area to the western end of the banking hall.
The radius arc of the western end of the counter reflects that of the ceiling relief detail, and the local authority wished to preserve it in its current location.
It is therefore proposed to provide a raised stage/speaking platform over this element of the counter. The stage would be shaped to retain the arc mirroring the ceiling relief, and indicative sections suggest that the raised area could be provided without interference with the existing columns or radiators to the rear of the building and could be a self supporting structure.
As the radiator covers would be obscured (They are also of a mahogany finish) it has been suggested that they be moved to the eastern side of the hall where they might still be appreciated, this would seem sensible.
The obscuring of the counter is regrettable, but it would at least be protected, and could be revealed in the future if required, whilst allowing a speakers platform to be provided for conferences and events of this nature.
8.6 Relocation of some radiators from the centre of the main hall.
A relatively standard pattern of cast radiator is used around the ground floor, the removal of a small number of units from the central floor space, for relocation elsewhere in the building or for retention for future use is not objected to.
8.7 Removal of partition walling and replacement with metal balustrading around existing basement access in mail hall.
The partition walling is of no historic merit. Two sides of the basement stair access are currently enclosed by a metal rail. Its replication on the two remaining sides, post removal of the partition walling, is considered appropriate.
8.8 Insertion of a new external door to the Southern Allyway.
There are no adverse observations to an additional opening being formed in this elevation of the building. The wall is rendered externally and plain plastered internally as this will not impact on the special interest of the building
8.9 Removal of some more recently added suspended ceilings.
99 There are no adverse observations in respect of revealing the original ceiling heights or the redecoration of the same. Finishes can be controlled by condition.
8.10 Creation of openings with some walls within the basement area.
8.11 The basement area is currently organised on a cellular arrangement and is finished in a variety of, tile, and plain plaster finishes. It has previously been modified for storage use. The removal of some elements of walling will not detract from the buildings special interest.
10. CONCLUSION
10.1 That the alterations proposed are respectful of the architectural features of interest within the building and will preserve them whilst allowing a beneficial use of the former banking hall for an alternative purpose.
The granting of listed building consent is recommended subject to conditions.
100 101 COMMITTEE DATE: 11/08/2010
APPLICATION No. 10/01054/C APPLICATION DATE: 09/06/2010
ED: BUTETOWN
APP: TYPE: Reserved Matters
APPLICANT: JR Smart Ltd LOCATION: PLOT A CAPITAL QUARTER TYNDALL STREET INDUSTRIAL ESTATE, ELLEN STREET, ATLANTIC WHARF PROPOSAL: RESERVED MATTERS APPLICATION FOR A 6-8 STOREY OFFICE BLOCK WITH UNDERCROFT PARKING AND GROUND FLOOR COMMERCIAL/OFFICE WITH DETAILS OF APPEARANCE, LAYOUTAND LANDSCAPING ______
RECOMMENDATION: That planning permission be GRANTED subject to the following conditions:
1. C01 Statutory Time Limit
2. The consent relates to the application as amended by the revised plans numbered PL003A-PL005A, PL201A -PL203A, PL205A, PL206A, PL301A-PL306A, PL308A, PL401A-PL403A attached to and forming part of this planning application. Reason: The plans amend and form part of the application.
3. Notwithstanding the information conveyed on submitted drawings, no development shall take place until full details of the proposed floor levels of any building in relation to the existing ground level and the finished levels of the site shall be submitted to and approved in writing by the local planning authority. The development shall be constructed and completed in accordance with the approved details. Reason: To ensure an orderly form of development.
4. Notwithstanding the information conveyed on submitted drawings, no development shall take place until a scheme showing the architectural detailing of the curtain and external walling has been submitted to and approved in writing by the Local Planning Authority and the development shall not be brought into use until the approved scheme is implemented. Reason: To ensure a satisfactory finished appearance to the development.
5. No development shall take place until samples of the external finishing materials have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
102 Reason: To ensure that the finished appearance of the development is in keeping with the area.
6. Notwithstanding the information conveyed on submitted plans, no development shall take place until there has been submitted to and approved by the Local Planning Authority a detailed landscaping scheme including details of : (i) service locations, (ii) tree planting , (iii) shrubs and hedgerows; (iv) means of enclosure; (v) hard surfaces (vi) other landscape features and (vi) a timetable for implementation. The scheme shall thereafter be implemented as approved, and any trees, plants, or hedgerows which, within a period of five years from the completion of the development, die, or are removed, or become seriously damaged or diseased, shall be replaced in the current planting season or the first two months of the next planting season whichever is the sooner, unless the Local Planning Authority gives written consent to any variation. Reason: To improve the appearance of the area in the interests of visual amenity.
7. Prior to the commencement of development, full details of any proposed excavations or proposed alterations to ground levels abutting or within 10m of operational railway land, including but not limited to railway embankemts, retaining walls or bridges shall be submitted to and approved in writing by the local planning authority and the development shall thereafter be constructed and completed in accordance with the approved details. Reason: To ensure an orderly form of development
8. Unless otherwise agreed in writing by the local planning authority no part of the development shall be occupied until the drainage scheme indicated on drawing reference C200 dated 07.06.2010 is carried out and completed as approved. Should the soakaway system approved be found to be unviable for any reason, full details of an alternative scheme shall be submitted to and approved in writing by the local planning authority and thereafter be implemented in accordance with the approved details prior to the beneficial occupation of the building . Reason: To ensure an orderly form of development.
9. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor. Reason: To prevent pollution of the water environment.
10. Foul or contaminated drainage from the site shall not discharge, directly or via soakaways, into either groundwater or any surface waters, whether direct or via soakaways. Reason: To prevent pollution of the water environment.
103 11. No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purpose of monitoring gases generated on the site or land adjoining thereto and for any measures necessary to protect the development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall provide details of measures that are required to ensure the safe and inoffensive dispersal or management of gases and to prevent lateral migration of gases into or from land surrounding the application site. Gases includes landfill gases, vapours from contaminated land sites, and naturally occurring methane and carbon dioxide, but does not include radon gas.
All measures specified in the above scheme shall (unless otherwise agreed in writing) be undertaken and completed prior to any development commencing or in accordance with a timetable as shall be previously agreed in writing with the Local Planning Authority and the measures shall be retained and maintained until such time as the Local Planning Authority agree in writing. Reason: To ensure that the safety of future occupiers is not prejudiced.
12. No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purposes of identifying chemical and other contaminants on the site and to ensure that the land is suitable for the proposed development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall include details of any measures necessary to protect future occupiers/users of the land from chemical and other contaminants. All measures in the approved scheme shall be undertaken in accordance with a timetable which shall be agreed in writing with the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced
13. Any topsoil [natural or manufactured],or subsoil, to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes.
Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the LPA. Reason: To ensure that the safety of future occupiers is not prejudiced
14. Any aggregate (other than virgin quarry stone) or recycled aggregate material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to
104 be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported aggregate is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the LPA. Reason: To ensure that the safety of future occupiers is not prejudiced.
15. Unless otherwise agreed in writing by the local planning authority, the scheme of construction management shall be as that approved in respect of outline planning permission 08/2740/C. Reason: For the avoidance of doubt and in the interests of highway safety and public amenity.
16. The premises shall not be used for the cooking of hot food until provided with a mechanical fume extraction system, the details of which (including details of all deodorising filters, fans, pumps, ducts and flues) shall first have been submitted to and approved in writing by the local planning authority. All fans and pumps shall be so mounted and installed so as not to give rise to any noise nuisance and any external flues should be positioned so as not to detract from the aesthetic of the building. The equipment shall thereafter be installed in accordance with the approved details and be maintained in accordance with the manufacturer's guidelines. Reason: To ensure that the amenities of adjoining and nearby occupiers are not prejudiced.
17. Construction of any building hereby permitted shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum Building Research Establishment Environmental Assessment Method [BREEAM] (or subsequent equivalent quality assured scheme) overall “Very Good” standard and a
minimum of 6 credits under Ene 1 – Reduction of C02 Emissions has been achieved for that individual building in accordance with the requirements of BREEAM 2008. Reason. To ensure that the development is constructed in accordance with national planning sustainable building standards.
18. Prior to the occupation of the individual building hereby permitted, a ‘Final Certificate’ shall be submitted to the Local Planning authority, certifying that a minimum Building Research Establishment Environmental Assessment Method [BREEAM] (or subsequent equivalent quality assured scheme) overall “Very Good” standard and a
minimum of 6 credits under ‘Ene1 – Reduction of C02 Emissions’ has been achieved for that building in accordance with the requirements of BREEAM 2008.
105 Reason. To ensure that the development is constructed in accordance with national planning sustainable building standards.
RECOMMENDATION 2: That the applicant be requested to take into account the Crime Prevention Design Advisor’s comments contained in her letter dated 5/7/10, which has previously been forwarded to the agent.
RECOMMENDATION 3: That the applicant be informed that the Council’s Environment and Public Protection Manager advises that the contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however the appellant is reminded that the responsibility for: (i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregrates and recycled or manufactured aggregrates/ soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under Section 33 of the Environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site; - Unprocessed / unsorted demolition wastes. - Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. - Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and (iii) safe development and secure occupancy of the site rests with the developer. Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land. The Local Planning Authority has considered the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.
RECOMMENDATION 4: That the applicant be advised that to protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.
RECOMMENDATION 5: That the applicant be asked to ensure that all plant and scaffolding be positioned, so that in the event of failure, it will not fall on to Network Rail land.
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RECOMMENDATION 6: That the applicant be advised that all new trees to be planted adjacent to Network Rail land should be located at a distance of not less than their mature height from the boundary of that land and should be chosen from the following species. Birch (Betula), Crab Apple (Malus Sylvestris), Field Maple (Acer Campestre), Bird Cherry (Prunus Padus), Wild Pear (Pyrs Communis), Fir Trees – Pines (Pinus), Hawthorne (Cretaegus), Mountain Ash – Whitebeams (Sorbus), False Acacia (Robinia), Willow Shrubs (Shrubby Salix), Thuja Plicatat “Zebrina”
1. DESCRIPTION OF PROPOSED DEVELOPMENT
The application is a reserved matters application seeking approval of details of appearance, layout and landscaping for a 6-8 storey office block with undercroft parking and ground floor commercial/office as a constituent part of the “Capital Quarter” mixed use development granted under Outline Planning Permission 08/2740//C.
The proposed building is a 6 / 8 storeys high speculative office block above a ground floor comprising main entrance, an A3 commercial/office unit, café and undercroft parking. The total floor area is 8,908m2.
The application is accompanied by a Design and Access Statement, a BREEAM Offices 2008 Pre-Assessment Report and a proposed drainage layout.
2. DESCRIPTION OF SITE
2.1 The site is on the south east edge of the city centre and has an area of 0.31 hectares. The site is bounded, on its north side, by the main railway, which is crossed by a footbridge linking to Pellett Street and Adam Street, and linked to the site by a short footpath along the south side of the railway. To the west is the proposed new access road from Tyndall Street. To the east is the proposed north-south pedestrian route, potentially giving access via a new replacement footbridge to the city centre. The outline consent envisages buildings of a larger scale to the west reducing in scale to the south and east. The site has been cleared and is generally flat.
2.2 The site is not in, nor near, a conservation area, and there are no listed buildings affected by the proposals.
3. SITE HISTORY
3.1 The site is part of the former Tyndall Street Industrial Estate site which was used for industrial and storage purposes since the 1970’s. The site was granted outline planning permission in December 2009 (ref. 08/02740/C) for a mixed use development including offices, a hotel, a care home, student accommodation, an aparthotel, and A1 and A3 uses. The masterplan zoned
107 the site and defined the scale of the building and access to the site. The associated legal agreement secured a financial sum to be spent on a footbridge across the adjacent railway. The new replacement footbridge was granted planning permission in April 2009 (application ref. 08/02789/C).
3.2 Matters reserved in the outline consent were details of appearance and layout of buildings, and landscaping of the site.
3.3 This would be the second block (Block A) of the Capital Quarter development. The first block is a 4 storey office building comprising 2 blocks with associated parking fronting Ellen Street on the eastern edge of the site which was granted full planning permission in October 2009 (ref. 09/01472/C). It is currently under construction.
4. POLICY FRAMEWORK
4.1 The proposed uses, scale and access were established under the December 2009 Outline Planning Permission.
4.2 City of Cardiff Local Plan policies are as follows: 11 Design and Aesthetic Quality 12 Energy Efficient Design 17 Parking and Servicing Facilities 18 Provision for Cyclists 19 Provision for Pedestrians 20 Provision for Special Needs Groups
4.3 Deposit Cardiff Unitary Development Plan 9October 2003) policies are: 2.20 Good Design 2.55 Public Realm Improvements 2.57 Access, Circulation and Parking Requirements 2.74 Provision for Waste Management in Development
4.4 National Policy Guidance Planning Policy (Wales) 2010 TAN 12: design
4.5 Supplementary Planning Guidance Access, Circulation and Parking Standards (2010) Waste Collection and Storage Facilities (2007)
4.6 Other material considerations: Cardiff City Centre Strategy (2007-2010) Cardiff City Centre Public Realm Manual (2005)
5. INTERNAL CONSULTEE RESPONSES
5.1 Pollution Control The Environment and Public Protection Manager makes the following
108 comments:
Noise: He requests the imposition of a construction site noise condition to protect the amenity of occupiers in the vicinity.
Air: No comments
Contamination: He states that investigations undertaken as part of the outline application 08/02740/C only provided limited information on the nature and extent of land contamination and ground gas issues, and requests that further conditions related to ground gas protection and contaminated land measures be imposed to ensure that this information is obtained. He also requests that conditions be imposed to prevent possible contamination arising from imported soils and aggregates. He makes a contaminated land recommendation.
5.2 Transportation Any comments forthcoming from the Operational manager, Transportation will be reported at committee.
5.3 Drainage The Drainage Engineer (Highways and Parks) notes that drainage proposals are unchanged and has no further comments over and above those previously made with respect to the proposed drainage strategy for the larger site of which plot A forms part.
5.4 Waste Management The Waste Management Officer states that the plans detailing refuse storage are acceptable. She rerequests that the bin store area be made secure and that litter bins be incorporated into the public areas. She observes that by law (Environmental Protection Act, 1990, section 47) owners or developers of commercial developments have a duty of care to ensure that their waste is transferred to and disposed of by a registered waste carrier. She refers the agent to the Waste Collection and Storage facilities SPG for further guidance.
5.5 Trees and Landscaping The Tree Preservation Officer requests details of tree species and planting specification (to be secured by condition).
6. EXTERNAL CONSULTEE RESPONSES
6.1 Network Rail raises no objection in principle but requires that all buildings be situated at least 2m from the boundary fence and stipulates a number of other requirements related to the safe operation of the railway and stability of railway structures and land. These requirements have been attached as a condition and two recommendations. The letter dated 28/6/10 has been forwarded to the agent.
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6.2 Welsh Water request that conditions are attached relating to separate drainage, land drainage run-off, and that a scheme for the comprehensive drainage of the site be approved by the local authority before development commences. Such a scheme has been provided and approved (see 5.3 above).
6.3 Environment Agency: Any comments forthcoming from the environmental agency will be reported at committee.
6.4 Western Power Distribution has provided a plan showing the likely position of apparatus in the area and that works must comply with the relevant Health and Safety and Electricity at Work guidance as stated in their letter. The information contained in a letter dated 30/6/10 has been forwarded to the agent.
6.5 The Crime Prevention Design Advisor states that South Wales Police have no objection to the application but would ask that the following comments be taken into consideration: Overall crime is above average in the Adamsdown area with 323 incidents being reported over the 3 month period , March-May 2010. The development should be designed to meet the minimum ‘Secured by Design’ standards: • Landscaping should not impede the opportunity for natural surveillance. • Vehicle access control is recommended to the car park including shutters to the undercroft car park. • Undercroft to be well-lit. • Cycle storage facilities to be secure. • Low-level canopies to be constructed, and drainpipes to be detailed, in such a way as to prevent climbing. • Wndows and external doors to be certified to appropriate standards as detailed in the letter. • Ground floor windows to be fitted with laminated glass. • CCTV should be considered with particular focus on key access points. The letter dated 5/7/10 has been forwarded to the agent.
7. REPRESENTATIONS
7.1 The application has been advertised on site and in the press as a major development and neighbours were notified. No representations have been received.
8. ANALYSIS
8.1 The proposed design changes (from the indicative design presented under the terms of the outline application) are minor layout changes to improve the flexibility of the office floor plates, an increase in active ground floor frontage, improvements to the main entrance to provide better access and visibility from the new access road, and further details on appearance of the building and landscaping of the application site.
110 The proposals have been amended to further refine the treatment of the upper storeys and the design of the main entrance in negotiation with the planning officer.
The main entrance is accessed from the new access road to the west, the café (125m2) is accessed from the north-south pedestrian route and eastern courtyard, and the A3 unit (425m2) is accessed from both the access road and pedestrian route/courtyard. Undercroft parking occupies the remainder of the ground floor to the north.
Floors 1 to 8 are the offices (8,358m2). They have an east / west orientation and are served by a large glazed core with projecting full height atrium on the western flank which signals the main entrance. On the eastern flank the office floor plate projects 11.2m. The building is thus split into 2 wings by the core and projecting office space resulting in a cruciform plan. It is 9 storeys in height except for the southern wing which is 2 storeys lower.
The top 2 floors to the north wing are set back behind a colonnade of circular columns at 7.2 and 4.8m intervals. The solid eaves are formed by a 1.5m deep fascia which runs around the entire building. The structure is concrete frame expressed externally on the principal elevations as 6/7 storey high framed panels with inset curtain walling above a predominantly glazed ground floor. The ground floor is separated from the upper storeys by a louvered canopy that runs around main entrance, southern wing and café.
The north and south gable elevations are of a more solid construction with projecting escape staircores. A full height vertical window slot to the north stair core gable provides daylighting and looks out over the railway. The south stair solid gable is separated from the building by full height glazed slots that light the stair and provide views up and down the east – west pedestrian route.
Materials The external walls to the main east and west elevations and gables are a smooth rainscreen panel façade system designed as fullheight frames containing the curtain walling system. The curtain walling is PPC aluminium framed with integral infill panels further subdivided by a grid of storey height vertical metal fins at 5m intervals providing solar shading and metal channel sections aligned with the floor slabs. The southern and northern gable walls to the escape stair cores and the central fullheight atrium wall are a textured lightweight stone veneer panel rainscreen cladding system.
Parking There is allocated parking for 46 cars (incl. 3 disabled) divided equally between the undercroft and an external adjacent parking area to the north west. Cycle parking (40 covered spaces and 8 visitor spaces) is located in the undercroft, car park, and adjacent to main entrance. Provision complies with car parking SPG 2010.
Vehicular access and pedestrian/cycle movement
111 Access for building users, visitors and deliveries is to be from the new proposed road which is accessed from Tyndall Street.
Access to the southern boundary of the site is currently served by the north/south route and footways either side of the new road which has 2 pedestrian crossings with tactile paving. All routes are well-lit. The northern boundary is served by the existing footbridge over the railway linking to the city centre.
The proposal allows for full inclusive access to the office building and car park.
Waste Management
Bin storage is located adjacent to the northern site boundary, between the car park and road. Provision will be made for recycling and separation of waste at source. Provision has been made for the turning of refuse vehicles.
Landscaping
Landscaping will be in the form of tree planting to the perimeter; in particular the boundaries and along the new road, and a mixture of paved and soft landscape areas. The paving along the proposed pedestrian routes and spill- out areas will be continued into the car park to tie the public realm together. Paving will be permeable concrete blocks. Landscaping and public realm specification and detailing will be in accordance with the SPG Cardiff City Centre Public Realm Manual (2005) and as indicated in the Public Realm Detailed Design Document – M2H/2880/01 – November 2009.
Sustainability
The BREEAM pre-assessment report indicates that the design of the building as submitted could potentially achieve a ‘Very Good’ rating
The atrium to the west and the projecting element to the east articulate and adds interest to a large speculative office block and the lower southern wing creates a stepping-up effect to the larger scale development to the north of the railway. The height and massing of the building is in accordance with the outline consent and is significantly smaller than the student block to the north and the outline consented Capital Quarter buildings to the west.
8.2 The appearance of the building benefits from a strong design concept that combines large simple framed elements and a sophisticated grid and curtain walling system. The proposed detailing and proportions of the elements that make up the curtain walling provide depth and articulation to the main facades and a degree of elegance that contrasts positively with the strong framed and panel elements and simple eaves and ground floor treatments.
8.3 The footprint of the building makes efficient use of the site. The disposition of the skewed main entrance, A3 space and café define the new access road to
112 the west and form the first section of the north-south pedestrian route giving direct access to the stairs and ramp to the proposed new pedestrian footbridge over the railway. The landscaping comprises paved areas and tree planting defining access road, southern boundary and edge of the eastern courtyard.
8.4 The materials are contemporary and appropriate for the nature and scale of the development. Details of both the materials and the curtain walling details are conditioned.
8.5 Parking provision, arrangements for vehicular access and pedestrian and cycle movement, provision for waste handling, landscaping and public realm proposals, car parking allocation and sustainability credentials are all acceptable and consistent with the outline development proposals .
9. CONCLUSION
9.1 The Block A Offices will provide flexible office accommodation in a high quality building. Its central location within the larger Capital Quarter site defines the pedestrian routes through the site and is considered acceptable in respect of height, massing and footprint with appropriate landscaping within the context of the outline approval.
It is recommended that planning permission be granted subject to conditions.
113 114 MEMBER INTEREST
COMMITTEE DATE: 11/08/2010
APPLICATION No. 09/2227/W APPLICATION DATE: 22/12/2009
ED: RIVERSIDE
APP: TYPE: Full Planning Permission
APPLICANT: Mr Glaister & Mrs Jenkins LOCATION: 2 MORTIMER ROAD, PONTCANNA, CARDIFF, CF11 9JZ PROPOSAL: GROUND FLOOR REAR EXTENSION TO CREATE NEW UNIT (A1 USE) ENTRANCE FRONTING CATHEDRAL ROAD AND ALTERATIONS TO 2 MORTIMER ROAD ______
RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:
1. C01 Statutory Time Limit
2. The consent relates to the application as amended by the revised plans received on the 27th April 2010 and the phasing plan received on16th June 2010, attached to and forming part of this planning application. Reason: The plans amend and form part of the application.
3. The development shall be carried out in accordance with the phasing plan received on the 16th June 2010 unless otherwise agreed in writing by the Local Planning Authority. The A1 unit shall not be occupied until all the proposed external works to the dwelling house are completed. Reason: To ensure the amenities of the future occupiers is not prejudice, in accordance with policy 11 of the adopted Local Plan, and policy 2.20 and 2.24 of the deposit Unitary Plan.
4. Prior to the commencement of Phase 1 of the development, details of a permanent solid screen fence (or wall) of a minimum of 1.8 metres in height, to be erected and retained at all times along the boundary between the proposed A1 commercial premises and number 4 Mortimer Road, shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented prior to the development being brought into beneficial use and thereafter be maintained. Reason: To ensure that the privacy of the adjoining occupiers is protected in accordance with policy 11 of the adopted Local Plan and policy 2.20 and 2.24 of the deposit Unitary Development Plan.
5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending,
115 revoking, or re-enacting that Order) no structure or extension shall be placed within the curtilage of the dwelling or alteration to any roof. Reason: To ensure the orderly development of the area with adequate space about buildings and in the interests of the residential amenity, in accordance with Policy 11 of the adopted Local Plan (1996) and policies 2.20 and 2.24 of the deposit Unitary Development Plan (2003).
6. No member of the public shall be admitted to or allowed to remain on the A1 Retail premises between the hours of 19:00 and 08:00 hours on any day. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected, in accordance with policy 2.24 of the deposit Cardiff Unitary Development Plan.
RECOMMENDATION 2: The applicant be advised that by law (Environmental Protection Act, sections 47) all commercial premises are required to enter into a commercial waste agreement with a registered waste carrier for the disposal of their waste. Owners or developers of commercial developments/properties who require Cardiff County Council to collect and dispose of their waste can contact the commercial services department on 029 20717500, or alternatively for further information please consult Cardiff Council’s Supplementary Planning Guidance- Waste Collection and Storage Facilities (March 2007).
RECOMMENDATION 3: Dwr Cymru/ Welsh Water advised the following:
− No surface water shall be allowed to connect either to directly of indirectly, to the public sewerage system unless otherwise approved 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. − Foul water and surface water discharges shall be drained separately from the site. Reason- To protect the integrity of the public sewerage system − Land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system. Reason- To prevent hydraulic overload of the public sewerage system and pollution of the environment. − If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water’s Network Development Consultants on 01443 331155.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 The amended proposal seeks permission to demolish the existing single storey lean-to the rear of 2 Mortimer Road and construct a single-storey commercial premises falling within an A1 Use Class. The proposed commercial building is an irregular shape measuring a maximum width of 5.3 metres by a maximum length of 5.85 metres with a maximum roof height of 2.7 metres. Fronting onto Cathedral Road it is proposed to match the façade of the adjoining building increasing the height of a section of the roof to 3.9 metres. The proposed commercial unit measures approximately
116 28.5 square metres, inclusive of the outdoor storage area.
1.2 To the rear of 2 Mortimer Road it is proposed to construct a single storey infill extension measuring 2.9 metres in width by 4 metres in length, with a lean-to roof with a maximum height of 3.6 metres. The external appearance of the walls and roof tiles of the proposed side extension will match that of the existing property.
1.3 The application was presented before planning committee on the 14th July, 2010 and deferred for a site visit that took place on the 2nd August, 2010.
2. DESCRIPTION OF SITE
2.1 The application site is currently occupied be a two-storey mid-terrace property situated in a street with a variety terraced residential properties. The rear garden is enclosed by a red facing brick wall that adjoins Cathedral Road. The site falls within the Cathedral Road/Pontcanna Street neighbourhood centre as defined by the retail floor space survey (2001). Along Cathedral Road the ground floor units are predominantly commercial units falling within an A1 or A2 Use Class. The land level lies relatively flat however the rear garden of number 4 Mortimer Road is raised by approximately 0.5m higher than the ground floor of number 2 Mortimer Road.
3. SITE HISTORY
3.1 08779- Improvements.
3.2 12375- Bathroom.
4. POLICY FRAMEWORK
4.1 Planning Policy Wales, Edition 2 (2010).
4.2 TAN 4: Retailing and Town Centres- (1996).
4.3 Cardiff Local Plan (adopted 1996) – 11 (Design and Aesthetic Quality); 17 (Parking and Servicing Facilities); 26 (Conversion or Redevelopment of Residential Accommodation); 49 (District and Local Centres).
4.4 Deposit Cardiff Unitary Development Plan (October 2003)– 2.20 (Good Design); 2.24 (Residential Amenity); 2.36 (District and Local Centres); 2.57 (Access, Circulation and Parking Requirements); 2.64 (Air, Noise and Light Pollution); 2.74 (Provision for Waste Management Facilities in Development).
4.5 Supplementary Planning Guidance – Access, Circulation and Parking Requirements (Jan 2010).
4.6 Supplementary Planning Guidance- Waste Collection and Storage Facilities (March 2007).
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4.7 Supplementary Planning Guidance- Household Design Guide (March 2007).
5. INTERNAL CONSULTEE RESPONSES
5.1 The Waste Management department raised no objections to the proposed development subject to the provision of a suitable waste storage area for the commercial premises.
5.2 The Land Use Policy department raised no objections to the proposed development.
5.3 The Traffic and Transport department raised no objections to the proposed development.
6. EXTERNAL CONSULTEE RESPONSES
6.1 The Environment Agency raised no objections to the proposed development.
7. REPRESENTATIONS
7.1 Twelve neighbouring properties were consulted. Twelve representations have been received highlighting the following objections:
1. Will the two bedroom house be soundproofed? 2. Loss of light to the garden area. 3. Noise disturbance from the retail unit. 4. Opening hours of the proposed retail unit. 5. The height of walls would impact upon the amount of available light to the rear garden. 6. Access onto neighbouring gardens would be required to build the proposed development compromising residential privacy. 7. The proposal would affect the potential tenancy desirability. 8. The proposed development would compromise the security of the rear of the properties. 9. Rental and property values would decrease. 10. Loss of views. 11. The height of the proposed walls is excessive. 12. The length of the extension is excessive. 13. Permission to remove the proposed wall will not be given by the neighbouring residents. 14. The rear gardens are on different levels which would mean the rear of number 2 Mortimer Road would be completely enclosed. 15. Poor standard of amenity for future residents. 16. Problems of refuse storage attracting vermin. 17. There are existing empty units on Cathedral Road. 18. No access onto neighbouring properties will be allowed. 19. Disturbance arising from building works. 20. No parking will be provided for the additional retail unit. 21. A site visit is requested.
118 22. Details of the existing commercial premises in the area. 23. Parking is an issue on Mortimer Road and Cathedral Road. 24. A similar application was refused 15 years ago for a different applicant.
7.2 Councillor Mohammed-Sarul Islam raised an objection to proposed development for the following reason:
The proposal is out of character with the area and will have an immediate impact on a number of residential dwellings in the area from noise and loss of privacy.
7.3 The Cardiff and Vale of Coalition of Disabled People raised no objections to the proposed development.
7.4 Additional representations received from residents after the completion of this report will be submitted via late representations.
8. ANALYSIS
8.1 The main issues with regard to this application are; the proposed change of use; the amount of available amenity space after the development has been completed; and, the impact of the proposal on the amenities of the adjoining neighbours.
8.2 The proposed A1 unit would remove a blank elevation on Cathedral Road. The matching facades will ensure that the design of the unit is in keeping with the adjoining properties, visually enhancing the existing street scene. In terms of land-use the proposed A1 (retail) unit would compliment the existing function of the neighbourhood centre and is considered compliant with the objectives of policy 26 of the adopted Local Plan.
8.3 In terms of the available amenity space; the removal of part of the existing lean-to extension and reduction in the size of the A1 retail unit will ensure that a minimum of 25 square metres is retained for future occupiers of the dwelling unit to enjoy. This is compliant with guidance contained within the SPG- Household Design Guide. A condition to remove all other permitted development rights has been attached to ensure that the rear amenity space is retained in its entirety, preventing any further structures being constructed, and to prevent increasing the size of the dwelling from extending the roof.
8.4 Due to the change in land level between number 2 Mortimer Road and number 4 Mortimer Road, the impact of the retail unit on the neighbouring residents (to the west) will be reduced. Removing part of the existing lean-to extension is considered to improve the amenities of the occupiers at number 4 Mortimer Road, removing a high-level wall near to the rear patio doors. A condition to ensure a suitable boundary wall is retained will ensure the amenities of the adjoining residents are protected.
8.5 In response to objections received which have not been considered in the above the following points are raised:
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1. Not a planning consideration. 2. Considering the location of the proposed retail unit and the rotation of the sun, no detrimental loss of light in the garden of the neighbouring dwellings will occur. 3. A condition to limit the admittance of members of the public to the premises has been attached to protect the amenities of the adjoining neighbours. Should any additional noise occur from activities being undertaken in the premises these could be controlled by Part III of the Environmental Protection Act 1990. 4. A condition to limit the admittance of members of the public to the premises has been attached to protect the amenities of the adjoining neighbours. 5. The existing wall between number 2 and 2a Mortimer Road already encloses the rear garden and limits the amount of light available. 6. Not a planning consideration. 7. Not a planning consideration. 8. The proposed development is considered to improve the security of the adjoining residents by removing a blank wall, that currently allows for easier access to rear properties. 9. Not a planning consideration. 10. Not a planning consideration. 11. The height of the proposed walls is considered appropriate considering the variation in the level of the land between properties. 12. The amended plans are considered appropriate. 13. Not a planning consideration. 14. The change in land level is noted. The existing wall between number 2 and 2a Mortimer Road already encloses the rear garden and limits the amount of light available. 15. The level of outdoor amenity space is compliant with guidance contained within the SPG- Household Design Guide (2008). 16. Not a planning consideration. Any nuisance arising from vermin could be controlled by the Environmental Protection Act 1990. 17. Noted. 18. Not a planning consideration. 19. Not a planning consideration. Any disturbance arising from the construction phase of development could be controlled by the Environmental Protection Act 1990. 20. Considering the location of the proposed development in close proximity to public transport infrastructure, no highways objections have been raised. 21. Noted. 22. Noted. 23. The application has raised no objections from the Highways department. Mortimer Road retains on-street parking with allocated parking bays for residents. 24. No site history for a similar proposal has been identified at the above site.
8.6 The proposal has been assessed against the policy cited above and the material matters raised have been considered. In the opinion of officers it is
120 compliant with the objectives of the policy cited and will not result in an unreasonable impact upon residential amenity of the occupants and neighbours, visual amenity of the area, highway safety or any other material matter subject to the conditions recommended above.
8.7 The proposal is recommended for approval.
121 122 123
View from 4 Mortimer Road, looking onto application site (and rear extension to be demolished)
View from neighbouring upper floor window (4 Mortimer Road)
124 MEMBER INTEREST
COMMITTEE DATE: 11/08/2010
APPLICATION No. 10/40/W APPLICATION DATE: 13/01/2010
ED: WHITCHURCH/TONGWYNLAIS
APP: TYPE: Full Planning Permission
APPLICANT: Mr H Jenkins & Mr C Burridge LOCATION: LAND TO THE REAR OF 2, 4 AND 6 CHURCH ROAD, WHITCHURCH, CARDIFF, CF14 2DZ PROPOSAL: ERECTION OF THREE DETACHED HOUSES ______
RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:
1. C01 Statutory Time Limit
2. The consent relates to the application as amended by the revised plans received on 27th May 2010 attached to and forming part of this planning application. Reason: The plans amend and form part of the application.
3. This consent relates to the application as supplemented by the Tree Report, date stamped 18/01/2010, drawing no. A058039[D]12 (Illustrative photomontage) and drawing no. A058039[D]13 (Architectural Detail). Reason: The information provided forms part of the application.
4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no windows shall be inserted other than those shown on the plans hereby approved. Reason: To ensure that the privacy of adjoining occupiers is protected.
5. The flat roofs shall not be used for any purpose other than maintenance at any time. Reason: To ensure that the amenities of the occupiers of adjoining properties are protected
6. Any topsoil [natural or manufactured], or subsoil, to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the
125 development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the LPA. Reason: To ensure that the safety of future occupiers is not prejudiced
7. Any aggregate (other than virgin quarry stone) or recycled aggregate material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported aggregate is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the LPA. Reason: To ensure that the safety of future occupiers is not prejudiced.
8. Prior to the commencement of development, ground permeability tests shall be undertaken to ascertain whether sustainable drainage techniques can be utilised in this development and a drainage scheme for the disposal of foul and surface water, incorporating such techniques if found to be feasible, shall be submitted to and approved in writing by the Local Planning Authority. If found to be feasible, the scheme shall be completed as approved prior to the first occupation of the approved dwellings. Reason: In the interests of the proper drainage of the site, in accordance with policy 2.61 of the deposit Cardiff Unitary Development Plan.
9. No equipment, plant or materials shall be brought onto the site for the purpose of development until full details of the following have been submitted to and approved in writing by the Local Planning Authority (LPA), in accordance with the current British Standard for trees in relation to construction. An Arboricultural Method Statement (AMS), setting out the methodology that will be used to prevent loss of or damage to retained trees. A Tree Protection Plan (TPP) in the form of a scale drawing showing the finalised layout and the tree and landscaping protection methods detailed in the AMS that can be shown graphically. Unless written consent is obtained from the LPA, the development shall be carried out in full conformity with the approved AMS and TPP. Reason: To enable the Local Planning Authority to assess: the effects of the proposals on existing trees and landscape; the measures for their protection; to monitor compliance and to make good losses.
10. C4P Landscaping Design & Implementation Pro
11. Any trees, plants, or hedgerows which within a period of five years from the completion of the development die, are removed, become seriously damaged or diseased, or become (in the opinion of the Local Planning
126 Authority) otherwise defective, shall be replaced in the current planting season or the first two months of the next planting season, whichever is the sooner, unless the Local Planning Authority gives written consent to any variation. Reason: To maintain and improve the amenity of the area.
12. No development shall take place until a scheme for the refurbishment and consolidation of all boundaries within and bounding the site has been submitted to and approved in writing by the Local Planning Authority and the development shall not be brought into use until the approved scheme is implemented. Reason: To ensure a satisfactory finished appearance to the development.
13. No development shall take place until samples of the rosemary clay tiles, facing bricks and slate have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: To ensure that the finished appearance of the development is in keeping with the area.
14. D3D Maintenance of Parking Within Site
15. C3X Garage to be retained for parking
16. No development shall take place until details of the construction of the access have been submitted to and approved in writing by the Local Planning Authority. Those details shall be implemented prior to the development being brought into beneficial use. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway abutting the site.
17. C3K Provision of Road Before Occup. of Dwell
18. Prior to commencement of each phase of development a scheme of construction management shall be submitted to and approved by the Local Planning Authority, to include details of construction traffic routes, site hoardings, site access, and wheel washing facilities. The development construction of the relevant phase shall be managed strictly in accordance with the scheme so approved. Reason: In the interest of highway safety and public amenity.
RECOMMENDATION 2: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for
(i) determining the extent and effects of such constraints;
127 (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregrates and recycled or manufactured aggregrates/ soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under Section 33 of the Environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site;
• Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and
(iii) the safe development and secure occupancy of the site rests with the developer. Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.
RECOMMENDATION 3: The applicant should contact Welsh Water before commencing the development as Welsh Water advise that the proposed development site is crossed by a public sewer and that no part of the building will be permitted within 3 metres either side of the centreline of the public sewer to protect the integrity of the public sewer and avoid damage thereto; that foul water and surface water discharges shall be drained separately from the site; that land drainage run-off shall not be permitted to discharge, either directly or in-directly, into the public sewerage system; that SUDS techniques should be used; that under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water’s Network Development Consultants on Tel: 01443 331155.
RECOMMENDATION 4: That the developer/applicant be advised that waste is not collected from private drives so would have to be presented kerbside on Church Road on specified collection days.
RECOMMENDATION 5: That the applicant be advised to contact John Haines in Highways Operations, Brindley Road, on Tel. No. 02920 785241 in order to obtain the necessary licence required to implement the access improvement works.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 This full application, as amended, seeks permission to erect 3 no. four bedroomed, detached dwellings with attached double garages and an altered access off Church Road that currently serves 2 Church Road.
128
1.2 The application was reported to Planning Committee on 14th July 2010 and was deferred for a site visit, which took place on 2nd August 2010. The original report to Planning Committee has been amended to reflect this and to incorporate late representations received prior to the July Planning Committee.
1.3 The application is supported by a Design and Access Statement, a supplement to the Design and Access Statement, and a Tree Report. Amended plans have been submitted to overcome concerns relating to the impact of the proposal on the Conservation Area and residential amenity. The following principle changes are proposed:
i. The building foot print of house 1 and 2 has been reduced and outdoor amenity space increased, as a result; ii. The two first floor elements of house 1, originally with mono-pitch roofs, have been handed to form a split-level pitched roof. This, in conjunction with the wider first floor plan, provides a more sympathetic elevation to Church Road and also provides a lower frontage to the churchyard. House 2 is amended in a complementary manner; iii. The first floor elements which lie on the wall have been modelled to create a clearer overhang, adding to each building’s interest; iv. Significant changes to the tree proposals, in consultation with the Council’s Tree Preservation Officer, including the loss of ‘R’ and ‘C’ category trees, with provision for replacement planting to enhance the Conservation Area and overcome concerns that trees proposed for retention would have a negative impact on the living conditions of future residents.
An illustrative photomontage was submitted with the amended plans. This has been produced following the principles that are adopted for visual impact assessments and presents an accurate depiction of the proposed scheme when viewed from the footway opposite the entrance to no 2 Church Road.
1.4 The houses are set to the rear of the site (approx 61m from the boundary with Church Road) and interspersed at intervals along a high, red brick wall that forms the front building line, along which the entrances to the dwellings and garages are formed. This wall is significant, in that it follows the prevailing rear garden boundary for properties to the north of Church Road and ensures that the depth of the road’s well established gardens is reflected in the site layout.
1.5 The dwellings are designed to be of a simple form and to reflect the scale of the garages and outbuildings typically found to the side and back of gardens in the Conservation Area. Of a contemporary appearance, each house has a pitched roof (either mono or dual pitched), with a two-storey, rectilinear element that overhangs the brick wall to the front, and with a flat-roof single storey wing to the side(s). This arrangement provides private, sheltered south-facing gardens, is well oriented for solar penetration and the use of energy conserving measures, and minimises the level of two storey
129 accommodation. The houses have been designed so that they would be capable of achieving a minimum Code for Sustainable Homes rating of level 3 and obtain six credits under Issue Ene1 – Dwelling Emission Rate, which exceeds current planning policy requirements.
1.6 House 1, sited adjacent to the shared boundary with the churchyard, would be 8 -13.4m wide at ground floor, 8 – 8.6m wide at first floor, with a split level, pitched roof with a maximum ridge height of 7.8m and eaves height ranging from 5.3m (on the elevation facing the church yard) to 5.2m (facing house 2). House 2, in the centre of the plot to the rear of 4 Church Road, would be 8 – 12.2m wide at ground floor, 5 – 8m wide at first floor, with a split level, pitched roof with a max ridge height of 7.8m and eaves height ranging from 5.3m (on the elevation facing house 1) to 5.2m (facing house 3). House 3, to the rear of no 6 Church Road, would be 11.4 – 23.6m wide at ground floor, 5m wide at first floor, with two mono pitched roofs with a ridge height of 7.8m and 5.5m, respectively, and eaves height of 5.4m and 3.3m, respectively.
1.7 A restrained palette of materials, that are prevalent and characteristic of the Conservation Area, is proposed, including red facing brickwork, rosemary clay plain tile hanging and natural slate for the pitched roofs. Flat roofs would be covered with sedum blanket green roof system to provide a sustainable, living roof covering.
1.8 The tree report and tree plan indicate that:
(i) of the trees included in the tree survey, 2 (T88 &T66) have been removed and 3 are dead (T54, T67 and T70); (ii) 12 individual trees are ‘R’ category along with one group (G86) and, thus, are not a material consideration in the planning process; (iii) 10 existing trees would be retained. These would comprise 5 horse chestnuts along the churchyard boundary (T52, T53, T56, T57, T58), the sycamore (T61) along the churchyard boundary, the sycamore positioned to the rear of no 6 (T87), the Norway spruce (T89) positioned adjacent to the SW boundary of the site and near the shared boundaries between no 6 and 8 Church Road, and 2 plum trees to the front of 2 and 4 Church Road (T63 and T65); (iv) 10 new trees will be planted (5 along the churchyard boundary, 1 to the front of house 3 and 3 to the rear of house 2); (v) Proposals have also been included (shown on the same drawing) for tree pruning, in accordance with the submitted tree report, and new hedge and shrub planting: (a) to enhance the boundary with the adjacent churchyard; (b) to enclose the rear garden of No. 2 Church Road; and (c) to delineate the boundary with Nos. 6 and 8 Church Road.
1.9 In terms of the position of the proposed dwellings, relative to adjacent dwellings/properties, and the resulting separation distances:
(i) The 2 storey element of house 1 would be separated from the rear elevation of 2 Church Road by a distance of approx 28m. The front
130 elevation would accommodate a first floor, bedroom window, on the corner, which would overlook both the shared drive and churchyard. A large hallway window would also overlook the churchyard. (ii) The 2 storey element of house 2 would be separated from the rear elevations of no 4 Church Road by a distance of 18 - 49m. Its front elevation, however, would not accommodate any windows at first floor. (iii) The 2 storey element of house 3 would be separated from the rear elevation of no 6 Church Road by a distance of 32 - 50m. Again, the front elevation would not accommodate any windows at first floor. (iv) The two storey elements of house 1 and 2 would be separated by 10m. There would not be any facing windows in the side elevation of house 2. (v) The two storey elements of house 2 and 3 would be separated by 13m, There would not be any facing windows in the side elevation of house 3. (vi) The side elevation of house 3, facing the bottom of the rear garden of 8 Church Road, would be 5.5m high, with no openings.
2. DESCRIPTION OF SITE
2.1 The site comprises an L-shaped plot, encompassing land to the front, side and rear of 2 Church Road, a semi-detached residential dwelling, and land to the rear of 4 and 6 Church Road. The site comprises part of the former gardens of 2, 4 and 6 Church Road. It is located within the Church Road Whitchurch Conservation Area. The site adjoins St Mary’s church (Grade II listed) and its churchyard to the NE, Whitchurch High School to the NW and No 4 Church Road, the other half of the semi detached property, to the SW. A 1.5m high stonework wall forms the boundary with the churchyard, together with an avenue of horse chestnut trees which are of value in the townscape.
2.2 The site is located within a residential area that is characterised by large detached and semi-detached Edwardian properties, set within spacious grounds. There are a number of mature trees located along the boundaries of, and within, the application site. Whilst the trees are not TPO protected, it is noted that trees in Conservation Areas have special protection. The land is flat.
2.3 The site has become more visible since application 08/365w for 2 detached dwellings was approved, as a result of the removal of trees and shrubs, and the demolition of a detached garage. Traffic calming measures have also been introduced outside nos 2 – 6 Church Road since pp 08/365w was approved.
3. SITE HISTORY
3.1 The most relevant applications to this application within and adjacent to the site are set out below:
2-6 Church Road 02/2650N - Outline- Erect two detached houses with garages and a
131 replacement garage for no 2 Church Road – granted. 05/1030W - Full- Erection of 2/3 storey block of 61 apartments for the retired, together with resident’s lounge, guest suite, estate manager’s office, access and parking provisions (existing properties to be demolished)- refused.
06/165W - Full- Erection of 2/3 storey block of 59 apartments for the retired, together with residents lounge, guest suite, estate manager’s office, access and parking provisions (existing properties to be demolished)- deemed refusal.
07/1071W - Full- Alterations and conversion of existing dwellings and erection of a one and a half/two storey building to provide a total of 13 category 1 sheltered apartments for older people with modifications to existing access and parking provisions- withdrawn.
08/365W – Construction of 2 no sustainable dwellings – approved.
2 Church Road 98/1579N- Full - new build bungalow and internal alterations to the existing property – withdrawn.
92/1614N- Outline- Erect dwelling house – refused.
4. POLICY FRAMEWORK
4.1 The proposal falls within the Church Road Conservation Area. A Grade II listed church is located to the NE of the site, at a distance of approx 110m.
4.2 The following policies of the Local Plan are considered particularly relevant:
Policy 3 ‘Development in Conservation Areas’ Policy 11 ‘Design and Aesthetic Quality’ Policy 17 ‘Parking and Servicing Facilities’ Policy 18 ‘Provision for Cyclists’ Policy 19 ‘Provision for Pedestrians’ Policy 30 ‘Insensitive or Inappropriate Infilling’.
4.3 The following policies of the deposit Cardiff Unitary Development Plan are considered particularly relevant:
Policy 2.20: Good Design Policy 2.24: Residential Amenity Policy 2.45: Trees, Woodlands and Hedgerows Policy 2.51: Statutory Listed Buildings Policy 2.53: Conservation Areas Policy 2.57: Access, Circulation and Parking Requirements Policy 2.74: Provision for Waste Management Facilities in Development
4.4 The following adopted Supplementary Planning Guidance (SPG) and other guidance is relevant: Cardiff Residential Design Guide (adopted March 2008),
132 ‘Waste Collection and Storage Facilities’ (adopted March 2007), ‘Access, Circulation and Parking Standards’ (adopted January 2010), ‘Trees and Development’ (adopted March 2007), Church Road Whitchurch Conservation Area Appraisal (adopted 2006).
4.5 The following legislation and national guidance is considered particularly relevant:
Planning (Listed buildings and Conservation Areas) Act 1990 WO Circular 61/96 TAN 12 Design PPW Edition 2 (June 2010): paragraph 9.3.3 states- “Insensitive infilling or the cumulative effects of development or redevelopment, including conversion and adaptation, should not be allowed to damage an area’s character and amenity. This includes any such impact on neighbouring dwellings, such as serious loss of privacy or overshadowing.”
5. INTERNAL CONSULTEE RESPONSES
5.1 The Strategic Planning Manager (Conservation and Design) advises that the amended plans follow design policy and advice within the adopted Conservation Area appraisal, noting that:
• The direction of the roof pitches for house 1 sit more comfortably behind the main house and offer a lower frontage to the churchyard. • The two storey elements throughout the site offer a better reflection of the scale and form of buildings located to the rear of gardens on Church Road. • The mono-pitch upper floors which lie on the wall have been remodelled to create a clearer overhang. The added detail offered by exposed eaves and brackets adds to each building’s interest as well. • The proposed red clay brick with reconstituted stone mullions and tile cladding offer a good reflection of traditional building materials found within the conservation area. • Overall, the emerging footprint now offers a better reflection of local character and building density, and greater scope to establish landscaping and planting to frame the development. This is an important element of the scheme’s objective to enhance the character of the conservation area at the site’s road frontage and where it overlooks the churchyard.
5.2 The Strategic Planning Manager (Tree Preservation) has no objection to the amended plans, subject to the recommended conditions.
5.3 The Operational Manager Transportation has no objection to the amended plans, on the basis that the car parking provision is in accordance with the SPG - Access, Circulation & Parking Standards (January 2010) and that the access arrangements are considered acceptable in principle, subject to recommended conditions.
133 5.4 Pollution Control has no objections, subject to recommended conditions and advisory notices.
5.5 Waste Management has no objection to the amended plans, subject to the recommended advisory notice.
5.6 Drainage Services have no objection to the amended plans, subject to the recommended condition.
5.7 The North West Conservation Group objected to the proposal, as originally submitted, on grounds that the design and colour are totally out of keeping with the Conservation Area, that it would be visible from the highway, Church and High School, that it would increase traffic levels and that building on gardens reduces both the amenity of the area and wildlife potential.
6. EXTERNAL CONSULTEE RESPONSES
6.1 The Cardiff and Vale Coalition of Disabled People advise that the application may require the attachment of conditions to ensure compliance with the obligations of the DDA 2005.
6.2 Welsh Water provide advice in relation to sewerage and the position of a public sewer that crosses the site.
7. REPRESENTATIONS
7.1 10 neighbouring occupiers and the Whitchurch Heritage Action Group have been consulted, and the application advertised by means of a press and site notice. 9 letters of objection were received from the Whitchurch Heritage Action Group, and the occupiers of 11, 11B, 31, 42A, 55 Church Road, 13 Bishops Close, 43 Heol Don, and 6 Firwood close, who objected to the application, as originally submitted, on the following grounds:
i. No opposition to the principle of the development of the site, with preference for one high quality dwelling; ii. Design is totally out of character with the surrounding dwellings and Church Road Conservation Area, does not quietly integrate into the urban grain, and is widely opposed - likened to ‘sheds and sharks fins’, ‘industrial storage units and lock up garages’, ‘a public lavatory design like the one in Bishops Place’; iii. Strong objection to the principle of contemporary design; iv. The roofs, with their antipathetic rooflines- would be very visible from Church Road, and house 1 and much of house 2 very visible from Church Road, St Mary’s Churchyard, school and Penlline Road; v. visibility of the site, which has increased, and the approach ‘vandalised’ since application 08/365w was determined, as a result of the widening of the access, removal of trees and shrubs and demolition of the garage to no 2;
134 vi. The smaller scale of the houses would be out of character with the Edwardian houses in the Conservation Area, and would leave the original houses with proportionately little garden; vii. Building on the gardens of the original dwellings would harm the spacious character of the Conservation Area; viii. Access road too narrow for 2 vehicles to pass or turn, double garages appear too small, no provision for visitor parking, no garage provision for no 2 Church Road, emergency/utility/service vehicles could not enter and leave the site in a forward gear, all of which would exacerbate existing problems (relating to congestion, parking, traffic safety, access to local facilities), which have been compromised by the introduction of speed humps, double yellow lines, build outs and extra signage outside no 2-6 Church Road; ix. Frustration at the number of applications submitted on the application site and suspicion that the application is part of a strategy to incrementally increase the density of development on the site; x. If approved, will set a precedent for similar designs on in-fill sites.
7.2 2 letters of objection were received from the Whitchurch Heritage Action Group, and 42A who objected to the amended application on the following grounds:
i. this is a visible, contentious site within the Conservation Area; ii. the applicant has permission for 2 dwellings and 3 dwellings would be an unacceptably high density. Preference expressed for a single high quality dwelling on the site; iii. this and previous applications represents ‘garden grabbing’, soon to be outlawed by the UK Government, and would result in the loss of an important ‘green lung’ in a densely built area, where large gardens form an important characteristic of the Conservation Area; iv. the proposal would not ‘integrate quietly into the urban grain of the area’, with the sharply angular form of the dwellings and their roofs conflicting with the Edwardian style of Church Road and the character of the Conservation Area; v. effort made in the use of sympathetic materials; vi. loss of more than 20 trees on site, including 3 trees along the boundary with the Churchyard, harming the avenue of horse chestnuts into the site and exposing house 1 to the churchyard and Whitchurch village; vii. concern that no 2 Church Road would not be viable as a dwelling and that its conversion to flats would increase site densities further; viii. concern that residents views were not sought before amended plans were submitted.
7.3 Cllr Morgan strongly objects to the proposal on grounds that that it is out of accord with the conservation area, and requested that the application be presented to Planning Committee and deferred for a site visit.
7.4 Jonathan Morgan AM, Conservative AM for Cardiff North, objects to the proposal on grounds that it is not in keeping with the surrounding area, noting that the angular form of the dwelling would conflict with the Edwardian style of
135 Church Road dwellings and that 3 dwellings would be an unacceptably high density.
8. ANALYSIS
8.1 The key issues for consideration include:
(i) the acceptability, in land use policy terms, of developing the site for residential uses; (ii) impact on the character and appearance of the area and the Conservation Area; (iii) impact on trees in the Conservation Area and impact of works to trees on the Conservation Area; (iv) impact on the setting of the listed building; (v) impact on highway safety; (vi) impact on the amenities of existing and future occupiers.
8.2 The residential use of the site is considered appropriate in land use terms, given that the application site falls within an existing residential area and taking into consideration previous planning history which has established the principle of residential development.
8.3 The proposal would not harm the streetscene, and would both preserve and enhance the character and appearance of the Conservation Area. There is no objection, in principle, to the contemporary appearance of the dwellings or their form, taking into consideration the guidance in the Conservation Area Appraisal which calls for ‘creative design solutions, whether contemporary or traditional’ and advises against ‘token or debased gestures towards local architectural style’. The amended proposal respects the existing building grain in terms of footprint, scale and layout, being set to the rear of the site, approx 61m from the boundary with Church Road, respecting the established building line and garden size to the west of the site, with modest scale dwellings – particularly at first floor - that reflect garages and outbuildings typically found to the side and back of gardens in the Conservation Area. The spacious character of the Conservation Area would be preserved, as a result. The height of the proposed dwellings is acceptable, taking into consideration their set back position, the height of previously approved dwellings under pp 08/365w (8.3m ridge height) and outline planning permission 02/2650w, which established the principle of the acceptability of two storeys in this location. The amendments to the roof line and the overhang detail provide a more sympathetic elevation to Church Road. Together with their height, massing and set back, the effect is to preserve the character and appearance of the Conservation Area. The proposal also offers the opportunity to enhance the front garden, access and landscaping to the benefit of the Conservation Area. The palette of materials is welcome and reflects those prevalent in, and characteristic of, the Conservation Area.
8.4 The proposal provides for the retention of the best existing trees and the planting of new trees that would provide much better long-term amenity value than the existing trees at the site and would enhance the Conservation Area
136 overall. The proposal also provides the opportunity for welcome landscaping improvements, to the benefit of the Conservation Area and visual amenity. Previous objections by the Council’s Tree Preservation Officer have been overcome, subject to the recommended conditions.
8.5 The proposal would preserve the setting of the adjoining Grade II listed building, St Mary’s Church, taking into consideration the scale, position and massing of the proposed dwellings, the separation distances involved and proposed tree and landscaping works, particularly along the shared boundary.
8.6 Car parking provision is in accordance with the SPG - Access, Circulation & Parking Standards (January 2010) and the access arrangements are considered acceptable in principle, subject to recommended conditions.
8.7 The impact on the residential amenity of neighbours and future occupiers would be acceptable, taking into consideration the separation distances involved, and the position and arrangement of the windows, described in section 1. There would not be any impact on daylight/sunlight of neighbours taking into consideration the separation distances involved. Sufficient garden/amenity space is proposed for the dwellings and would remain for the occupiers of 2 Church Road.
8.8 Turning to the points of objection raised by the Whitchurch Heritage Action Group and local residents in relation to the original submission, I would comment as follows:
i. Noted. However, the Local Planning Authority has an obligation to consider the application before it, rather than a preferred alternative; ii. These issues are addressed in section 8, above; iii. This issue is addressed in section 8, above; iv. The form and height of the dwellings is acceptable, as noted above; v. The increased visibility of the site is note in section 2 above; vi. This issue is addressed in section 8, above; vii. This issue is addressed in section 8, above; viii. The access arrangements are considered acceptable, as noted above. ix. Noted. However, the Local Planning Authority has an obligation to consider the application before it, rather than a preferred alternative; x. It is a well established principle of development control that each application is assessed on its own individual merits.
8.9 Turning to the points of objection raised by the Whitchurch Heritage Action Group and local residents in relation to the amended plans, I would comment as follows:
i. This is noted in section 2, above; ii. These issues are addressed above; iii. The principle of the development of the site has been established by previous applications. The proposal would preserve the spacious character of the Conservation Area, as noted above. ‘Garden grabbing’, is not to be outlawed by the UK Government. What has
137 happened is that ‘Planning Policy Statement 3: Housing’, which does not apply in Wales, has been re-issued with the definition of brownfield land changed to exclude private residential gardens. The policy intention is to help control back garden development. iv. The form of the dwellings is acceptable, as noted above; v. noted; vi. these issues are addressed above; vii. The level and quality of amenity space remaining for no 2 Church Road would be acceptable, and there would not be any harm to the amenity of its occupants as a result of the proposed development, as noted above; viii. There is no legal requirement on the part of applicants to consult local residents.
8.10 The proposal has been assessed against the policy cited above and the material matters raised have been considered. In the opinion of officers it is compliant with the objectives of the policy cited and will not result in an unreasonable impact upon the character and appearance of the area and Conservation Area, the setting of the listed building, trees in the Conservation Area, highway safety, residential amenity, subject to recommended conditions. The proposal is, accordingly, recommended for approval.
138 139 140 141 142 143 PETITION AND AM, MP CONCERN
COMMITTEE DATE: 11/08/2010
APPLICATION No. 10/543/W APPLICATION DATE: 30/03/2010
ED: LLANDAFF NORTH
APP: TYPE: Full Planning Permission
APPLICANT: Cadwyn Housing Association LOCATION: LAND BETWEEN 6 AND 8, RADYR ROAD, LLANDAFF NORTH PROPOSAL: DEMOLITION OF HALL AND CONSTRUCTION OF 6NO. NEW FLATS ______
RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:
1. C01 Statutory Time Limit
2. The consent relates to the application as amended by the revised plans numbered 17820-120, 17820-121, 17820-122 attached to and forming part of this planning application. Reason: for the avoidance of doubt as to the plans hereby approved.
3. The first, second and third windows on the side elevation facing no.8 Radyr Road shall be non opening below a height of 1.8 metres above internal floor level and glazed with obscure glass and thereafter be so maintained. Reason: to ensure that the privacy of adjoining occupiers is protected
4. Other than those shown on the submitted plans, no further windows or other opening shall be inserted in the side elevations facing number 6 and 8 Radyr Road. Reason: to ensure that the privacy of adjoining occupiers is protected
5. No development shall take place until ground permeability tests have been undertaken to ascertain whether sustainable drainage techniques can be utilised and a drainage scheme for the disposal of both surface water and foul sewage has been submitted to and approved by the Planning Authority. Reason to ensure that the use of sustainable drainage techniques is properly evaluated in the interests of sustainable development.
6. E3D Retain Parking Within Site
7. No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purposes of identifying
144 chemical and other contaminants on the site and to ensure that the land is suitable for the proposed development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall include details of any measures necessary to protect future occupiers/users of the land from chemical and other contaminants. All measures in the approved scheme shall be undertaken in accordance with a timetable which shall be agreed in writing with the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced
8. Any soils (topsoil or subsoil, natural or manufactured) or similar material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Reason: To ensure that the safety of future occupiers is not prejudiced.
9. No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purposes of identifying chemical and other contaminants on the site and to ensure that the land is suitable for the proposed development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall include details of any measures necessary to protect future occupiers/users of the land from chemical and other contaminants. All measures in the approved scheme shall be undertaken in accordance with a timetable which shall be agreed in writing with the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced.
10. Any aggregate (other than virgin quarry stone) or recycled aggregate material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported aggregate is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the LPA. Reason: To ensure that the safety of future occupiers is not prejudiced.
11. E1B Samples of Materials
12. C7S Details of Refuse Storage
145 13. F4A Landscaping Scheme
14. C4G Landscaping Prior to Occupation
15. C5A Construction of Site Enclosure
16. Notwithstanding the submitted plans, prior to commencement of development details of the improvement works to the existing lane and programme for their implementation to be submitted to and approved in writing by the LPA. The scheme to include, but not be limited to alterations to the existing access onto Radyr Road, widening of the lane within land owned by the developer to a minimum of 4.5 metres for a length of 5m from the edge of the carriage way in Radyr Road, improvements to the visibility splays, associated footway/carriageway works (surfacing, kerbs, edging, drainage and lighting). The agreed scheme is to be implemented to the satisfaction of the LPA prior to first occupation of the development. Reason: To ensure that access and egress to the development does not interfere with the safety and free flow of traffic passing along the highway
RECOMMENDATION 2: A footway crossover is rendered redundant as part of the proposals and shall be extinguished; contact John Haines (tel: 02920 785241) of Highways Operations;
RECOMMENDATION 3: Bulk containers must be provided by the developer/other appropriate agent, to the Councils’ specification and if required can be purchased directly from the Council. Please contact the Waste Management’s commercial department for further information on 02920 717504. You are referred to the Waste Collection and Storage Facilities Supplementary Planning Guidance for further relevant information.
RECOMMENDATION 4: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for
(i) determining the extent and effects of such constraints and; (ii) safe development and secure occupancy of the site rests with the developer.
Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.
The local planning authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.
146 1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 Full planning permission is sought for a three-storey block of 6 no. flats, utilising the roof space, along with associated development comprising 6 off street vehicle parking spaces, 6 no. covered cycle parking spaces, incidental open space and boundary walls.
1.2 The proposal has been amended in the course of its consideration the principle changes being the reduction in height and realigned to continue the form of the neighbouring terrace, a reduction in the foot print and a change of exterior finish to coloured render beneath a slate finish roof.
1.3 The accommodation provided would comprise 4no. two bedroomed flats and 2no. 1 bedroomed flats.
2. DESCRIPTION OF SITE
2.1 It is irregular in form enclosing approximately 475 square metres at the end of terrace of 30 no. small two storey Edwardian houses. It is occupied by a small building with a foot print of approximately 110 sq m. that is understood to be last used for public worship and assembly.
2.2 It has a 12m. frontage on Radyr Road and is bounded by rear service lanes on the north and east, these being 21 metres. and 28 metres. in length respectively. Its western boundary is made with the dwelling house at no 8 Radyr Road and is 27 metres in length. The road boundaries are enclosed by a 1.8 metres high plain galvanised palisade fence whilst there is a mixture of enclosure methods with No. 8 Radyr Road.
2.3 The land is down to tarmacadam with a small area of ornamental planting fronting on to Radyr Road. It is level within the site.
2.4 The surrounding area is in residential use and characterised by a preponderance of small Edwardian terraced houses.
2.5 It should be noted that the entrance to Hayley Park lies 130 metres south west of the site, at the end of Radyr Road.
3. SITE HISTORY
3.1 There is no recent planning history related to the site
4. POLICY FRAMEWORK
4.1 The site is on land allocated as existing housing on the Local Plan Proposals Map.
4.2 The following Local Plan Policies are of relevance to the determination of this application:
147 Policy 11 (Design and Aesthetic Quality) Policy 17 (Parking and Servicing Facilities)
4.3 The following Policies from the deposit Unitary Development Plan (October 2003) are also of relevance:
Policy 2.20 (Good Design) Policy 2.24 (Residential Amenity) Policy 2.45 (Trees Woodlands and Hedgerows) Policy 2.57 (Access, Circulation and Parking Requirements)
4.4 Supplementary Planning Guidance:
Access, Circulation and Parking Requirements (2010). Waste collection and Storage Facilities (March 2007)
5. INTERNAL CONSULTEES RESPONSES
The Operational Manager, Transportation comments that access to the site is via a narrow lane and as the proposal is to remove the existing access and increase traffic movements to the rear lane he recommends that the lane off Radyr Road be widened within land owned by the developer. Ideally to 4.5 metres in width to for the entire length but if this cannot be accommodated a minimum length of 5.0 metres, measured from the edge of carriageway. On this basis he has no objection subject to conditions which retain car parking, agree details of cycle parking, lane improvement and construction management.
5.1 The Chief Highways and Waste Management Officer (Drainage Operations) has no objection to the proposal and recommends a condition to establish whether sustainable drainage techniques can be employed on the site.
5.2 The Operational Manager, Waste Management notes the provision of the bin storage area however advises that the agent be made aware of the bin storage sizes required. He also advises that collection operatives are not permitted to push/pull bulky containers more than 15 metres to the collection point. He refers the agent to the relevant Supplementary Planning Guidance for further information.
5.3 The Operational Manager, Environment (Pollution Control) advises conditions regarding contaminated land as well as imported soil and aggregates and a contamination and unstable land advisory note.
6. EXTERNAL CONSULTEES RESPONSES
6.1 Welsh Water recommends conditions relating to drainage.
6.2 Crime Reduction Design Advisor South Wales Police has no objection to the proposal.
148 7. REPRESENTATIONS
7.1 Local Members have been consulted
7.2 Jonathan Morgan AM raised concern regarding the initial proposal considering it to be out of keeping with the street as it would dominate the adjoining traditional homes. He believes the city has a duty to develop residential areas in keeping with existing housing. In respect of the amended proposal his constituents remain concerned that, whilst there have been some minor visual changes, the building has too high a capacity and it will remain out of character with the surrounding buildings.
7.3 The parliamentary candidate Julie Morgan believes the proposal would be intrusive upon existing residents front and rear, it does not suit the character of the area, it would compound parking problems and there may be a loss of privacy.
7.3 The proposal was advertised by site notice and neighbour notification letter and re-consultation has taken place in respect of the amended plans.
7.4 Jonathan Evans MP conveys his constituent’s concern that the development is out of keeping with the style of other properties, it remains a three story development despite its reduction in height. He is concerned that there has been a shortened period of reconciliation and he has not been reconciled directly.
7.5 Councillor Anne Rowland James raises concerns on behalf of local residents that the proposal joins with No. 8 Radyr Road, it is unsympathetic to the street and overpowering in design, there would be parking issues and consultation letters were slow to arrive.
7.5 A petition objecting to the proposal on the grounds that it is an overdevelopment, it is not in keeping with other properties, car parking issues and loss of privacy has been submitted. This carries 152 signatures; all but three are residents in the locality. A second petition objecting on the grounds that the building is too high, it is too dense a development for the site and it is not in keeping with the locality has been submitted. This carries 24 signatures of residents in the locality. A third petition objecting on the grounds that the proposal is an excessive overdevelopment of a small site, the building will not be in-keeping with the existing houses it sits between, there will be a loss of privacy and natural light in adjoining property and the parking provision is in adequate, has been submitted. This carries 147 signatures of residents in the locality.
7.6 46 letters of representation have been received which object to the proposal. The objections can be summarised as follows:
it is higher the adjoining houses; It is out of keeping with the character and design of the area; loss of views;
149 loss of light; loss of privacy through overlooking directly and as a result of the height; it is a cramped over-development at too high a density; it would exacerbate existing parking problems in the area and restrict emergency vehicle access; Increased traffic flow on rear lanes would be hazardous to pedestrians and children using; Increased traffic flow on rear lanes would create further disturbance to adjoining residents by virtue of noise and lighting; Increased traffic flow would be hazardous on an already busy road that provides access to Hailey park and a rugby club; The water supply and drainage infrastructure would experience problems if the development were to proceed; Llandaff North is heavily populated by housing association residents; It would exacerbate anti social behaviour; The bin store is too small; It would result in the depreciation in property value; Noise and dust disturbance during the construction would result; There is a lack of amenity spoace to sereve the development. The owner of 8 Radyr Road will not allow the proposal to connect to it as the plans show.
In relation to the amended proposal it is noted that none of the initial objections have been withdrawn and in addition the following objections have been made
The addition of electronic gates to the car park could have tragic consequences as evidenced by two recent deaths in the UK. The three floor will not fit in a building with the same height as the existing terrace Six velux windows in the roof plane will feel oppressive and overlooking.
8. ANALYSIS
8.1 The principle considerations for this proposal are its impact on highway safety, the amenity of adjoining residents, the amenity of the occupiers and the character of the area. Taking these in turn, in highway safety terms the 6 parking spaces proposed satisfy the Council’s parking guidelines. The traffic flows generated by the proposal will be smaller than the current use. 6No. flats would generate 1No. trip in the AM peak and 1No. trip in the PM peak and 12No. 2 way trips in a typical day. The current use would generate 2No. trips in the AM peak and 3No. in the PM the trips in a typical day would be 24No. 2 way. It is not considered that this traffic generation would be significant when taken against the total movements in the street of some 46 houses with a rugby club and a park access. In any event the proposed generation would be less 50% than the notional generation of the existing use so objection cannot be sustained on these grounds.
8.2 Specific concerns have been raised in representations that the increased traffic flows will present a threat to pedestrians and children using the rear
150 lane. Whilst the number of movements in the lanes will increase to access the proposed parking, it is not considered that the 12 two way movements will significantly increase the risk to highway user. Whilst the Transportation Manager would like to see the lane widened to 4.5 m through its length he has indicated that 4.5m for a length of 5m at the access point will be acceptable in highway safety. This will enable two vehicles to pass each other without conflict. The provision can be secured through the recommended condition. It is not considered that objection can be sustained on these grounds and it is noted that the transportation manager raises no objection to the proposal on this basis.
8.3 The impact on the privacy of adjoining dwellings is of much concern to those making representations but it should be noted that the window separation distances on the front and rear are no different to those that already exist in the street or they exceed the Council’s privacy guidelines, 10.5 metre to garden boundary and 21metre between habitable rooms. The 1st and 2nd storey windows overlooking No.8 are secondary but are recommended to be subjected of a condition to secure them as obscurely glazed. Those on the third storey overlooking No. 8 are in a position that will not allow any significant overlooking there are none in the elevation overlooking No.6. Objections on these grounds are not therefore supported.
8.4 The impact on the amenity of adjoining dwellings is also of concern to those making representation. Examination of form of the building reveals that it generally replicates that of the existing neighbours by setting the rear annex off the boundary by 1.3 metres albeit that the length of the annex section would be approximately 2.5 meters longer than the existing two storey rear annex at No. 8 Radyr Road. This form is not significantly different to the relationship that already exists in the terrace. On balance the building is not considered to be overbearing or overshadowing to a degree that warrants refusal. Impacts such as noise, smell, light or other emission have been considered and it is felt that they are unlikely any greater than those generated by the existing use. The proposal is unlikely to have an adverse impact on the general amenity of neighbours.
8.5 The amenity of any future residents is reasonably catered for by the inclusion of small areas of rear amenity space and officers are mindful that the site is only a short walk from an extensive area of parkland. There is sufficient light space air and outlook to enjoy a reasonable level of amenity.
8.6 The general scale, character and density of the proposal has generated much of the objection raised in representation. Officers have negotiated amendment of the proposal to provide for the building to respect the height and general frontage alignment of the existing terrace as well as the use of traditional finishes to be sympathetic to it. Whist the proposal is not a replica of the adjoining terrace it is sufficiently close to the character of the terrace in its scale, form fenestration and finish as to cause no harm to the character of the street. The objections on this ground are not supported.
8.7 Tuning to the representations:
151
It is higher than the adjoining houses - The amended proposal is not. It is out of keeping with the character and design of the area – officers do not share this opinion see 8.6 above loss of views – the planning system cannot protect a view, loss of light – the proposal will primarily impact on the rear ground floor windows of No. 8 Radyr Road in this regard. Being mindful of the general form and relationship of the dwellings in the area it is not considered that the proposal will have an unreasonable effect of the light received by adjoining properties. loss of privacy through overlooking directly and as a result of the height - officers do not share this opinion see 8.3 above it is a cramped over-development at too high a density -officers do not share this opinion, there is adequate space to provide a reasonable degree of amenity to occupant and to enable the adequate function of the facilities provided. it would exacerbate existing parking problems in the area and restrict emergency vehicle access - officers do not share this opinion see 8.1 above Increased traffic flow on rear lanes would be hazardous to pedestrians and children using - officers do not share this opinion see 8.2 above Increased traffic flow on rear lanes would create further disturbance to adjoining residents by virtue of noise and lighting - officers do not share this opinion see 8.4 above Increased traffic flow would be hazardous on an already busy road that provides access to Hailey park and a rugby club - officers do not share this opinion see 8.1 above The water supply and drainage infrastructure would experience problems if the development were to proceed – No objection has been raised by the statutory undertakers for their supply. Llandaff North is heavily populated by housing association residents – no evidence has come forward to suggest that any land use planning harm result or that this is in fact the case. It would exacerbate anti social behaviour – no evidence has come forward to suggest that any land use planning harm result or that this is in fact the case. there is no reason to The bin store is too small – this has been addressed by a recommended condition It would result in the depreciation in property value – the planning system cannot take account if this concern. Noise and dust disturbance during the construction would result – Any unreasonable nuisance arising can be dealt with via the environmental protection act. There is a lack of amenity space to sereve the development - officers do not share this opinion see 8.5 above The owner of 8 Radyr Road will not allow the proposal to connect to it as the plans show – noted but this is a private matter to be resolved between the parties involved. The addition of electronic gates to the car park could have tragic consequences as evidenced by two recent deaths in the UK – noted but it is not considered to be a significant risk to the public interest.
152 The three floor will not fit in a building with the same height as the existing terrace – The opinion is noted Six velux windows in the roof plane will feel oppressive and overlooking – the opinion is noted but not shared by officers. There has been a lack of consultation in respect of the application – the Councils usual procedure has been followed The vendors seek maximum value ultimately this is a function of the number of units approved on the site – the planning authority should only consider the functional and land use planning aspects of the proposal. Jonathan Evans MP concern that there is a shorten period of re-consultation and he has not been re-consulted directly having made representation – the Council’s usual period and practice has been followed.
8.8 It is considered that the amended proposals are acceptable in respect of siting, design, access, parking, and residential amenity and privacy considerations. Therefore planning permission is recommended, subject to relevant conditions.
153 154 155 156 LOCAL MEMBER COMMENTS
COMMITTEE DATE: 11/08/2010
APPLICATION No. 10/769/W APPLICATION DATE: 05/05/2010
ED: PENTYRCH
APP: TYPE: Full Planning Permission
APPLICANT: Cardiff Council LOCATION: VILLAGE HALL, MAIN ROAD, GWAELOD-Y-GARTH, CARDIFF, CF15 9HH PROPOSAL: SINGLE STOREY EXTENSIONS, ALTERATIONS AND NEW VEHICULAR ACCESS TO GWAELOD Y GARTH VILLAGE HALL ______
RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:
1. C01 Statutory Time Limit
2. D3D Maintenance of Parking Within Site
3. C3S Cycle Parking
4. Prior to the commencement of development, details of the improvement works to the footway adjacent to the site entrance and programme for their implementation shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include, but not be limited to, the provision of dropped kerbs in either side of Main Road, tactile paving and associated footway/carriageway works/re-instatement, together with appropriate white lining. The agreed scheme shall be implemented prior to the beneficial use of the development. Reason: To ensure that there is provision for pedestrians to cross Main Road from the footway side to the main entrance of the village hall.
5. No development shall take place until details of the proposed windows and doors to be inserted in the proposed extensions have been submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with the approved details. Reason: To ensure that the finished appearance of the development is in keeping with the existing building and is sympathetic to the appearance of the conservation area in accordance with policy 2.20 and policy 2.53 of the deposit Unitary Development Plan (October 2003).
6. No equipment, plant or materials shall be brought onto the site for the purpose of development until full details of both hard and soft landscape
157 works have been submitted to and approved in writing by the Local Planning Authority. These details shall include proposed finished levels, any earthworks, hard surfacing materials, proposed and existing services above and below ground level, planting plans (including schedules of plant species, sizes, numbers or densities, and in the case of trees, planting, staking and protection methods) and an implementation programme. The details shall be consistent with other plans submitted in support of the application and the landscaping shall be carried out in accordance with the approved design and implementation programme. Reason: To enable the Local Planning Authority, to determine that the proposals will maintain and improve the amenity of the area, and to monitor compliance.
7. Any trees, plants, or hedgerows which within a period of five years from the completion of the development die, are removed, become seriously damaged or diseased, shall be replaced in the current planting season or the first two months of the next planting season, whichever is the sooner, unless the Local Planning Authority gives written consent to any variation. Reason: To maintain and improve the amenity of the area.
8. The external walls and roofs of any building shall be constructed and finished in accordance with a schedule of materials and finishes which shall be submitted to and approved by the Local Planning Authority prior to the commencement of development. Reason: To ensure that the finished appearance of the development is sympathetic to the character and appearance of the conservation area in accordance with policy 2.53 of the Cardiff Unitary Development Plan (October 2003).
9. H7G Plant Noise
10. D7Q Mechanical Extraction of Fumes
11. This consent relates to the application as supplemented by the information contained in the letter from the agent dated 4th June, 2010. Reason: The information provided forms part of the application.
RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.
RECOMMENDATION 3: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to
158 the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for
(i) determining the extent and effects of such constraints and; (ii) safe development and secure occupancy of the site rests with the developer.
Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.
The local planning authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.
RECOMMENDATION 4: Travel information – It is advised that public transport and non-car mode information is provided by the hall in order to encourage more sustainable modes of travel. Liaison with Cheryl Owen (tel: 02920 73722) of Transportation Policy, can be sought to achieve this.
RECOMMENDATION 5: The developer should be advised to liaise with John Haines of Highway Operations in order to obtain the necessary licence required to implement the works set out in condition 4 above and to carry out those adjustments to the vehicular access.
RECOMMENDATION 6: A summary of the Coal Authority’s standard advice is given :
The development lies in an area that could be subject to hazards arising from current or past coal mining. These hazards may include risk of ground subsidence or collapse, gas emissions, spontaneous combustion of coal and / or water emission.
You must take account of these hazards before your development proceeds, or any works of excavation and / or boring are carried out on the land. You must contact The Coal Authority Property Search Service on 0845 762 6848 or at www.groundstability.com to obtain site specific information to assess the risk of such hazards and subsequently seek suitable specialist advice as to how the risk from any hazard may be managed.
RECOMMENDATION 7: The applicant be advised that in reaching a decision, the committee has taken account of the advice that the applicant will not implement the consent granted by virtue of application 09/00978/W, relating to demountable buildings. It is the committee’s expectation that this undertaking will be honoured.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 The proposal seeks permission to erect two single storey flat-roof extensions
159 to each side end of the village hall to enable it to be used by the adjacent Gwaelod-y-Garth Primary School.
1.2 The extension proposed to the south side of the hall measures approximately 5 metres in length, 9.8 metres in width and has a roof height of 2.9 metres. This extension is to be built in front of an existing flat roof extension of the same height. This extension would be re-roofed to match the proposed extension. The external walls of the proposed extension would be render finished. The extension proposed to the north side of the hall measures approximately 9.3 metres in width (almost the full width of the hall), 4.7 metres in width and has a roof height of 2.8 metres.
1.3 Alterations are proposed to the car parking area to the front of the building to provide a disabled parking space and three standard parking spaces in place of two allocated parking spaces and a minibus parking area. The existing car park of the adjacent school will be made available to the village hall, out of school hours, to help alleviate parking pressures along Main Road. It will provide an additional 22 spaces.
1.4 Landscaping is also proposed to the north of the building adjacent to the north side extension.
2. DESCRIPTION OF SITE
2.1 This full application relates to the village hall of Gwaelod-y-Garth, a single storey rectangular building with a barrel top roof. The building forms a landmark building due to its location on the main road through the village.
2.2 The application site is located along the main road running through the Gwaelod-y-Garth Conservation Area. The village hall, along with the adjacent primary school and nearby chapel, represents the community hub of the village. The building is located in front of and to the side of the primary school and field. The primary school consists of different building forms, which includes the main school building, which is statutory listed. Dwellings are sited opposite to the frontage of the village hall, along Main Road.
3. SITE HISTORY
3.1 99/00452/W – proposed extension to include porch and disabled wc-granted.
3.2 09/00978W – Permission granted for two demountable classrooms in the grounds of the neighbouring primary school in October 2009.
4. POLICY FRAMEWORK
4.1 PPW (2010) Paragraph 4.10.4: Good design is also inclusive design. The principles of inclusive design are that it places people at the heart of the design process, acknowledges diversity and difference, offers choice where a single design solution cannot accommodate all users, provides for flexibility in use, and provides buildings and environments that are convenient and
160 enjoyable to use for everyone.
4.2 PPW (2010) 4.10.9: The visual appearance of proposed development, its scale and its relationship to its surroundings and context are material planning considerations. Local planning authorities should reject poor building and contextual designs. However, they should not attempt to impose a particular architectural taste or style arbitrarily and should avoid inhibiting opportunities for innovative design solutions.
4.3 PPW (2010) 4.10.11 Local planning authorities and developers should consider the issue of accessibility for all, including the needs of people with sensory impairments, people with learning difficulties and people with mobility impairments, such as wheelchair users, elderly people and people with young children, at an early stage in the design process.
4.4 PPW (2010) 6.5.17 Should any proposed development conflict with the objective of preserving or enhancing the character or appearance of a conservation area, or its setting, there will be a strong presumption against the grant of planning permission. In exceptional cases the presumption may be overridden in favour of development deemed desirable on the grounds of some other public interest. The Courts have held that the objective of preservation can be achieved either by development which makes a positive contribution to an area’s character or appearance, or by development which leaves character and appearance unharmed.
4.5 Mid Glamorgan County Structure Plan, Approved Plan Incorporating Proposed Alterations No.1 policy LC13 (presumption against development likely to affect adversely the character of conservation areas).
4.6 Deposit Cardiff Unitary Development Plan (October 2003)– 1A (General Principles for the Location of Development), 2.20 (Good Design); 2.51 (Statutory Listed Buildings); 2.53 (Conservation Areas); 2.57 – Access, circulation and parking requirements
4.7 Welsh Office Circular 61/96, 'Planning and the Historic Environment: Historic Buildings and Conservation Areas'
4.8 Gwaelod-y-Garth Conservation Area Appraisal (2007)
5. INTERNAL CONSULTEE RESPONSES
5.1 The Strategic Planning (Conservation Group) considers that the proposed extensions are acceptable except for the illustrated colours/finish.
5.2 They comment that: ‘the village hall’s characteristic barrel roof will not be detracted from by the form of the proposed extensions. However, the external finish of the extensions need to be clarified as it is uncertain as to what finish is to be used and what the colour is to be. It is considered that the finish needs to be neutral in colour so as not to detract from the main structure of this landmark building.
161
5.3 They mention that: ‘the conservation area appraisal identifies the negative impact of parking on the quality of the street scene which is referred to in the application. The applicant states that allowing community parking in the school car park (space for 25 cars) outside school hours will improve this. However, the school car park is immediately adjacent to the main road through the conservation area and is open to view. As such there is potential for a 24 hour car park to detract from the conservation area. Soft landscaping around the car park and in particular adjacent to the highway would help alleviate this.’
5.4 In terms of the impact of the proposal on the setting of the listed building, the officer comments that: ‘whilst it is considered that the form of the proposed extension is appropriate to the style of the village hall it is noted that there is an increasing ad hoc massing of school buildings of various styles. There is concern that continuation of this way of providing school facilities will detract from the listed school building (the council has a duty to protect its setting) as well as the character and appearance of the conservation area. It should be noted that the school field also contributes to the conservation area’s character.
5.5 The Traffic and Transport department raised no objections to the proposed development subject to conditions to: 1) maintain the car parking spaces shown on the proposed plans; 2) provide details for approval of secure cycle parking within the site and 3) provide details for approval of improvements to the footway adjacent to the site.
5.6 Pollution Control raised no objections to the proposed development subject to conditions and recommendations related to: plant noise; fume extraction from the proposed kitchen; and contaminated and unstable land.
5.7 The Trees Officer raised no objections but recommends that landscaping conditions be added to any permission.
6. EXTERNAL CONSULTEE RESPONSES
6.1 The site lies within a previous coal mining area and as such British Coal advised to attach their standard R7 Coal Authority recommendation to any permission.
7. REPRESENTATIONS
7.1 The application was advertised via a site notice as per Section 73 of the Town and Country Planning Act 1990 (as amended). Thirteen neighbouring properties were also notified. Two petitions have been received, one in support of the proposal and one in opposition to the proposal, along with a generic letter of support from 31 neighbouring residents. A further 5 letters of support have been received and 14 letters of objection.
7.2 Reasons for supporting the proposal contained in the generic letter of support
162 and in individual letters include:
• The need to develop the village hall comes from the school’s objective to improve the education environment and teaching structure within the school. • To improve the fabric of the village hall for the benefit of the whole community. • Using the school hall for teaching as is the case at present is not a proposition that is sustainable in anything other than the short term. The situation causes disruption to the school in terms of physical education and school lunch, not to mention a teaching environment that is patently unsatisfactory. • The before school club will be run from the village hall from 8am allowing parents to drop the children to school early. This will stagger the amount of cars coming to the school for 9am. • At the moment the village hall facilities are not up to regulations and the renovations will greatly improve the facility for the children, community and school. • Despite achieving planning permission for the provision of a demountable last year, the governors and head teacher were aware of the opposition for this type of temporary building and therefore approached Cardiff Council to see if we could find a more suitable permanent solution. • Since September, the school has been using the school hall as a temporary classroom and we have been able to use the village hall as an alternative hall and dining area. However, there is not enough storage space in the village hall that the school can use meaning that teachers have to carry equipment around on a daily basis. • In essence, the planning proposals allow the school to reconfigure accommodation within the three existing school blocks and use the village hall on a permanent basis during term week days. • The proposals will not amount to an increase in overall student numbers. The school has an agreed maximum capacity that it cannot exceed. • The school catchment area has not changed. • During the day, in term time, the amount of parking in front of village hall will be adequate parking for those who use the small meeting room.
7.3 Reasons for objecting to the proposal contained in the letters received have been categorised under the following headings:
Residential and visual amenity • If a new kitchen is added to the hall, residents will experience cooking smells entering their homes. • The extensions would be an unsightly addition to an already unattractive edifice. • Both the demountables and this current application would affect residents who live within close proximity to the school. • Noise levels from the hall when used for parties impacting on neighbouring residents. Is any sound-proofing required?
163 Conservation area • The hall is in a conservation area and is not in-keeping with the existing village hall or surrounding properties. • The application is at odds with the guidelines contained within the conservation appraisal for Gwaelod-y-Garth. • The school field is in a conservation area and is an important asset to the school. The planned extension is into that field. • The proposed extension into the school field is an intrusion into the very limited open space within the conservation area. • Each application (for additions to the school e.g. demountables) appears to be looked at on an individual basis and not on the overall impact on the area and loss of green space.
Parking • Due to the new frontage being close to the main road, there will be a decrease of parking spaces. This will potentially be problematic. • Residents who live close to the school are greatly affected by parents parking in the road or turning in the road, which could result in a serious accident. • A village with only one access road is not an ideal place for the amount of traffic, which, of necessity, is involved in a school with such a large catchment area. • Because children travel outside the catchment area, most arrive by car and the ensuing heavy traffic causes chaos near the school at various points of the day. • When staff or visitors use on-road parking spaces and a village hall event takes place, parking will prove very difficult. • Local people using the hall during school hours will not have access to park in the school yard and will have no option but to park on the road, thereby, increasing traffic problems. • Elderly people use the post office facility in the church hall. Where will they park? • Although parking has been offered from the school in the evenings, this will not happen as the school gates will be shut. • Would extensions to the rear of the hall alleviate parking problems?
Use • Does the deed for the village hall allow for this type of use? • Village halls are a diminishing asset. It is sad to see a potential change of use which will preclude the use of the hall for present or future residents of meetings, lectures and classes. • Villagers will not be allowed to hire the hall in the day because the school will be using it. • Will the LEA guarantee to residents that the number of children attending the school will not increase over the years? • The school is already at a maximum number and the village can’t cope with a larger school and more traffic. • There is no need for the new building, there is more than adequate kitchen available and with serious consideration a rationalization, and
164 there is also ample teaching and office space already in the school. The whole matter needs to be rethought and an overview of the educational requirements of the locality must be undertaken. • The extension will be another part of the field being taken from the school children who benefit from the use of this field in many ways.
Other • Homes close to the site will be devalued. • The village hall was built with funds raised by local residents in the 1960s.
7.4 The North West Conservation Group objected to the proposed development for the following reasons; • Blue rendering is not acceptable. A more natural colour is needed. • Ideally this building should have not been built in a conservation area. • The wider issues have not been considered.
7.5 Pentyrch Community Council does not object to the proposal but expresses the following concerns: • The loss of parking spaces on a road that cannot afford to lose parking facilities; • The letters sent to the residents failed to include some of those living at Garth Villas, opposite to the proposed extension, which raised suspicion within the community that this application is cut and dried.
7.6 Councillor Craig Williams has requested that the planning permission for the demountable unit to the school (planning permission 09/00978/W, granted on 16/10/2009) be rescinded and a condition be added to any consent to ensure this. Councillor Williams has been informed that the permission could not be rescinded and that such a condition would be ultra-vires. However, a recommendation can be offered along the following lines: ‘The applicant be advised that in reaching a decision, the committee has taken account of the advice that the applicant will not implement the consent granted by virtue of application 09/00978/W, relating to demountable buildings. It is the Committee’s expectation that this undertaking will be honoured. ‘
7.7 Any additional representations received from residents after the completion of this report will be submitted via late representations.
8. ANALYSIS
8.1 The main issues related to this application concern the impact of the proposal on: neighbour amenity; the character and appearance of the conservation area and listed building and parking and highway safety.
8.2 Neighbour amenity
The amenities of the neighbouring occupants that could be affected by the proposed extensions have been considered. It is noted that no residential occupiers directly adjoin the site. However, the proposal includes a new
165 enlarged kitchen, a condition is added to ensure that fumes from cooking smells are extracted in a manner that would not harm the amenities of occupiers of other premises in the vicinity of the site. It is not anticipated that in extending the village hall, there would be greater levels of noise from associated functions/parties than at present due to the intended nature of use of the hall.
8.3 Visual amenity
The proposals involve changes to the external appearance of the village hall, which see part of the existing flat roof extension being brought forward towards the road and an addition to the north side of the building. These changes effectively involve an increase in the width of the building and its prominence within the immediate street scene. The original form of the building, with its barrel top roof is, however, maintained with the proposed flat roof additions appearing subservient to the parent building. Therefore, any harm to the visual amenity of the area by result of the additions is not considered to be significant.
8.4 Character and appearance of the conservation area and setting of listed building
The impact on the character and appearance of the conservation area must also be considered. It is considered that the extensions do not harm the main character of the building, due to their simple style. However, details for the external finish of the extensions are needed to ensure that the extensions do not detract from the main structure of this landmark building. A condition can be added to ensure this.
It should also be noted that the school field also contributes to the conservation area’s character. The proposal seeks to slightly encroach onto this field from the erection of the extension to the north end of the building. The site would be extended by approximately 7 metres into this area. The frontage of this field that lies adjacent to the Main Road, which is visible within the public realm, is over 40 metres in length, meaning that a length of approximately 33 metres in length would remain to be viewed by within the public realm. The loss of this small area is not considered to harm the character of the conservation area.
It is considered that the use of the school car park outside of school hours for use by the village hall should not harm the character of the conservation area any more so than on-street parking along the length of Main Road.
The proposed additions to the village hall should not harm the setting of the statutory listed school building due to its design and scale and distance from the listed building.
8.5 Parking and highway safety
Concerns relating to impact of the proposal on highway safety have been
166 considered. As there are no changes to the number of children attending the school, there should be no increase in the number of visits made by car to the school. The highway engineer does not object to the proposal subject to conditions, which include the maintenance of the parking spaces shown on the plans, the provision of cycle spaces within the site and details to be submitted and approved for improvements the public highway to ensure that pedestrians are able to cross Main Road from the footway side to the main entrance of the village hall.
8.6 Other considerations
Responses to some of the representations received are as follows:
Details of the deeds of the village hall cannot be considered under planning law.
Devaluation of neighbouring properties by result of the proposed extensions is not a material planning consideration
The assessment of this planning application does not involve the previous additions to the school building over previous years. This planning application is assessed on its own merits.
The Local Planning Authority cannot revoke the planning permission for a double demountable classroom granted under 09/00978/W, but has attached an advisory note advising the applicant to taken account of its advice that it will not implement the consent granted by virtue of application.
8.7 Permission for the extensions to the village hall is recommended subject to conditions.
167 168 169 170 171 COMMITTEE DATE: 11/08/2010
APPLICATION No. 10/01076/W APPLICATION DATE: 11/06/2010
ED: CAERAU
APP: TYPE: Full Planning Permission
APPLICANT: Cardiff & Vale University Health Board LOCATION: VACANT LAND AT TRESEDER WAY, CAERAU PROPOSAL: NEW TWO STOREY BUILDING TO PROVIDE COMMUNITY MENTAL HEALTH SERVICES
______
RECOMMENDATION: That planning permission be GRANTED subject to the following condition(s):
1. C01 Statutory Time Limit
2. E3D Retain Parking Within Site
3. The cycle parking facility shown on drawing L(90)02 rev P2 shall be provided prior to beneficial use of the site and thereafter be retained. Reason: To ensure the provision of satisfactory cycle parking.
4. C5A Construction of Site Enclosure
5. D7Z Contaminated materials
6. E7Z Imported Aggregates
7. E1B Samples of Materials
8. C4P Landscaping Design & Implementation Pro
9. C4R Landscaping Implementation
10. Details of a scheme to improved pedestrian access to the site from Cowbridge Road West shall be submitted to and approved by the Local Planning Authority prior to the commencement of development. The approved scheme shall be implemented prior to benefical use of the development. Reason: To ensure satisfactory improved pedestrian access to the site is provided.
11. Construction of the building hereby permitted shall not begin until an 'Interim Certificate' has been submitted to the Local Planning Authority, certifying that a minimum BREEAM overall very good rating and a minimum of 6 credits under ENE1 - reduction of C02 emissions has
172 been achieved for the building in accordance with the requirements of BREEAM 2008. Reason: To ensure the development achieves the sustainability standard specified in Planning Policy Wales.
12. Prior to the occupation of the building hereby permitted, a 'Final Certificate' shall be submitted to the Local Planning Authority, certifying that a minimum BREEAM overall very good rating and a minimum of 6 credits under Ene1 - reduction of C02 Emissions has been achieved for that building in accordance with the requirements of BREEAM 2008. Reason: To ensure the development achieves the sustainability standard specified in Planning Policy Wales.
RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.
RECOMMENDATION 3: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for
(i) determining the extent and effects of such constraints and; (ii) safe development and secure occupancy of the site rests with the developer.
Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.
The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.
RECOMMENDATION 4: That the comments of the Police Architect Liaison Officer be sent to the Agent.
173 RECOMMENDATION 5: You should contact Welsh Water before commencing the development since it may lie within the easement of a public sewer that crosses the site. The approximate position of the sewer is marked on the attached record plan. No development (including the raising or lowering of ground levels) will be permitted within the safety zone which is measured either side of the centre line. For details of the safety zone please contact Dwr Cymru Welsh Water’s Network Development Consultants on 01443 331155. Please note that the grant of planning permission does not give any rights to build within a sewer easement without first obtaining the consent of Welsh Water
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 This is a full application to develop a centre for mental health services on vacant land off Treseder Way, Caerau. The development would comprise a two storey building of 1, 470 sq.m and an adjacent 41 space car park.
1.2 The agent has submitted a supporting statement which explains the proposed centre forms part of a strategy to provide community based mental health services to minimise the need for hospital admission. There is a need to improve accommodation for the West Cardiff Mental Health Team. The existing nearby facility (Pendine Centre) at 124/126 Cowbridge Road West is substandard, partly as a result of lack of space. A number health and safety issues have arisen at the Pendine Centre. The new centre would resolve these difficulties. Improved out patient accommodation is also likely to encourage patients to attend the facility. The facility will not provide accommodation for the addiction team and needle exchange, which were proposed for a previous development at the site.
1.3 The new building would be located towards the north-western site boundary with the fire station. The main entrance would be on the south-eastern (front) elevation facing the car park. The building would be 8.0 m high with a flat roof. Materials would comprise blue/grey brick walls with white render to the first floor on the front elevation. Windows would be coloured aluminium. The main entrance would be demarcated by a projecting ‘box’ at first floor level finished in green/grey cladding.
1.4 A number of conifer trees situated on the site boundary with the fire station would be removed. Several new trees would be planted in a proposed therapy garden adjacent to the corner of the site facing the Jasmine Centre. Two trees would also be planted on the site frontage.
1.5 The car park to serve the development exists now as it adjoins an access road to the adjacent Rowan House and Park View Health Care sites. This access would not change. However, to allow patients and staff travelling by modes other than private car to be able to obtain convenient access from Cowbridge Road West by a direct route, the application proposes to sign and enhance a pedestrian route to the site across the Health Board’s land adjoining the Park View Health Centre and Rowan House.
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2. DESCRIPTION OF SITE
2.1 The site comprises a 0.38 hectare area of vacant land the majority of which has a tarmac and concrete surface. It has been unused apart from the access road and adjacent parking, since the closure of the former Ely Hospital in the 1900s’, of which it formed a part.
2.2 The site is situated between a new area of public open space to the south and west, provided as part of the redevelopment of the former hospital land, and the Ely Fire Station to the north, whilst other health care buildings (Rowan House – a learning disabilities centre and the Park View Health Centre) lie to the east of the site.
2.3 The site is separated from the adjacent public open space by 1.8 high railings.
3. SITE HISTORY
3.1 95/1480R: Outline planning permission was granted in July 1998 for a mixed use development of retail, community facilities health facilities, residential and public open space on the former Ely Hospital Site. The existing health care facilities at Rowan House and the Park View Health Centre were established in retained hospital buildings with the benefit of this permission.
3.2 05/1173W: Permission refused in November 2005 for the construction of a two storey community mental health and addiction unit of the site for the reason of a potential increase in anti-social behaviour to the detriment of the amenities of the area and public safety. An appeal against the refusal was dismissed.
4. POLICY FRAMEWORK
4.1 The site is unallocated on the city of Cardiff Local Plan proposals map.
4.2 The following policies are considered relevant to the application.
Policy 10 ‘Contaminated or Unstable Land’ Policy 11 ‘design and Aesthetic Quality’ Policy 17 ‘Parking and Servicing Facilities’ Policy 18 ‘Provision for Cyclists’ Policy 19 ‘Provision for Pedestrians’
4.3 The following deposit Cardiff Unitary Development Plan (October 2003) policies are considered relevant:
Policy 2.20 - Good Design Policy 2.57 - Access, Circulation and Parking Requirements Policy 2.63 – Contaminated and Unstable Land
175
5. INTERNAL CONSULTEE RESPONSES
5.1 The comments of the Transportation from service will be reported at committee. It is noted that the service had no objection to the previous application for a similar size health building with the same vehicle access and parking as now proposed.
5.2 The comments of Pollution Control will be reported at Committee. It previously advised that an imported material condition and contaminated/unstable land advice was required.
5.3 The Parks Service, which maintains land to the south and west of the site, raises no objection to the scale and massing of the building. As a child’s play area is nearby, the applicant’s comments on changes to traffic volumes are requested so the need for traffic calming, pedestrian fencing or diversions of footpath can be assessed.
5.4 The Strategic Planning Manager (Design and Trees) has been consulted. Any comments will be reported at Committee.
5.5 Waste Management advises refuse storage details are satisfactory. A commercial contract is required for the collection and disposal of waste.
6. EXTERNAL CONSULTEE RESPONSES
6.1 Welsh Water has advised of its drainage requirements and the existence of a public sewer close to the north-eastern site boundary. NB The building appears to be sited adjacent to the sewer easement.
6.2 The Police Architect Liaison Officer advises that the existing railings which separate the site from the open space to the south should be extended around the entire site perimeter to prevent unauthorised access to the site and its use as a focus for anti-social behaviour during periods the development is not in use. The car park should be well lit. The proposed enhanced footpath route from Cowbridge Road West should be as straight as possible, 3 metres min width and locked at night. It would be desirable to create an access road/path from the eastern corner of the site to Treseder Way. Further detailed advice is provided on bin storage and building security.
7. REPRESENTATIONS
7.1 Neighbouring occupiers have been notified by letter and the application publicised by press and site notices. The occupier of 20 Clos Eiddiw is against the proposal as there is enough going on in this small area. It will, together with a new school due to open soon, bring extra traffic. The area is residential not a business/industrial estate. Additional traffic will create a danger for children.
176
7.2 Local Members have been notified. Any comments will be reported at Committee.
8. ANALYSIS
8.1 The site was identified for health care use in the masterplan for the Ely Hospital site when the hospital closed in the 1990’s and the site is unallocated in the Cardiff Local Plan. It is, therefore, considered that the principle of health care use is acceptable in policy terms. A previous application for mental health services to be provided on the site was refused in 2005 as a result of concern that patients attending for addiction treatment could harm the safety of local people, especially children. The current proposal does not include addiction services. The proposed use operates from a nearby location on Cowbridge Road West adjacent to residential property. It is therefore concluded that the use is acceptable in terms of community safety.
8.2 The comments of the Police Architect are noted. With regard to securing the site, full details of means of enclosure (fencing, gates) are not provided in the application and a condition is proposed (no 4) to obtain this information prior to development commencing. Condition 10 re details of the enhancement of the pedestrian access from Cowbridge Road West past the Park View Health Centre will allow the closure of this access at night/weekends to also be addressed.
8.3 The new building is considered to be in scale (two storeys) with the surrounding area. It will have a different visual character to the housing on the opposite side of Treseder Way but this is considered appropriate as the building is for a non domestic use.
8.4 An assessment of the acceptability of the access and parking and need for any public transport contribution will be concluded once the advice from Transportation has been received, but it is noted that the access and parking has previously been judged as acceptable in principle. With regard to the Police Architect’s suggestion re a new vehicular access, the Parks Service has advised it would be unwilling to sell the land as the open space would be severed. The Parks Service comment re traffic calming will also be considered in the context of Transportation advice
8.5 The loss of a line of conifer trees on the fire station boundary is considered acceptable in the context of the new tree planting proposed and other landscaping to be implemented.
8.6 The proposed development will provide improved mental health treatment facilities for the residents of West Cardiff and not harm any local interests. Permission is recommended subject to conditions.
177
19 29 HIGHMEAD RD GRAND AVENUE 164 BM 13.74m 2 152 Bank 140 134 TCB Silver Jubilee 130 128a 128 Cottages Shelter 106
13.7m
LB COWBRIDGE ROAD WEST
111
PO 103 BM 14.66m
Repeater Station
FS
FS VINCENT ROAD VINCENT GPO
1 JASMINE FIRE STATION ENTERPRISE CENTRE
Tower
PARK VIEW HEALTH CENTRE 12.5m
6 ROWAN HOUSE 21
PROPOSED DEVELOPMENT 17
15
7 CLOS CEIRIOS CLOS
Vincent Court Vincent
23
19
33 29
WAY 25
35
1 31
27 2 1
8 TRESEDER
l 3 2l
45
41 37 2
10
5
47
43 39
11
15 23
17 59
65 2
PALMERS ll VINCENT l5
48
20 16 15 11.6m
4l 1 lO
8 DRIVE
3l
ROAD
55
l6 77 27
24 CLOS RHEDYN 45
28 39
25
19 26 47 15
11 3 14 1
6 4 26
53 7 2 5
5 2
24 1 BROMLEY DRIVE 11
Sandown Court
22 to62 63 to 65 66 to 68
2
69 12
River Bank 16 School 14
77 School House
38
80
20 21
44
Red line boundary - Area of proposed development
Blue line boundary - adjoining land under ownership of Cardiff & Vale UHB
Revision Description By Chkd By Date Revision Description By Chkd By Date DO NOT SCALE. Use figured dimensions only. Drawn TY Austin-Smith:Lord LLP The contractor is requested to check all P Initial Input MRu TY 07.07.09 dimensions before the work is put in hand. Architects Designers Planners © All copyrights Austin-Smith:Lord LLP Landscape Architects P1 Planning Submission TK TY 11.06.10 This drawing must only be used for the purpose Date 09.03.09 Project P2 TK TY for which it is supplied and its contents must not one Dunleavy Drive Footprint shortened and moved 21.06.10 be reproduced for any purpose without written permission. Scale 1:1250 @ A2 Cardiff N Description No areas indicated, or areas calculated from this CF11 0SN drawing should be used for valuation purposes or as the basis for development contracts. t 02920 225 208 Austin-Smith:Lord LLP is a limited liability Status PLANNING f 02920 225 230 Job No. Drawing No. Revision P P1 P2 partnership registered in England & Wales. Number OC315362 178 e [email protected] 308210 L(90)001 136 CLOS EIDDIW 116 179 180 COMMITTEE DATE: 11/08/2010
APPLICATION No. 10/01146/W APPLICATION DATE: 22/06/2010
ED: CANTON
APP: TYPE: Outline Planning Permission
APPLICANT: Capital Retail Park Partnership LOCATION: LAND ADJACENT TO CARDIFF CITY STADIUM, LECKWITH ROAD, LECKWITH PROPOSAL: ERECTION OF HOTEL (UPTO 141 BEDS) ALONG WITH ASSOCIATED CAR PARKING AND ACCESS ______
RECOMMENDATION 1 That planning permission be GRANTED subject to the following conditions :
1. C00 Standard Outline
2. No development shall take place until details as to the provision within the site for loading, unloading and parking of vehicles have been submitted to and approved in writing by the local planning authority. The approved details shall be implemented before the development is brought into beneficial use and be thereafter maintained and retained at all times for those purposes in association with the development. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway abutting the site in accordance with Policy 17 of the Cardiff Local Plan and Policy 2.57 of the deposit Cardiff Unitary Development Plan.
3. No development shall take place until details showing the provision of cycle parking spaces have been submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to the development being put into beneficial use. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the secure parking of cycles in accordance with Policy 18 of the Cardiff Local Plan and Policy 2.57 of the deposit Cardiff Unitary Development Plan.
4. Prior to commencement of development a scheme of construction management shall be submitted to and approved by the Local Planning Authority to include details of construction traffic routes, site hoardings, site access, and wheel washing facilities. The development construction shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity, in accordance with Policy 2.57 of the deposit Cardiff Unitary Development
181 Plan.
5. Prior to the commencement of development, a comprehensive drainage scheme for the disposal of foul and surface water shall be submitted to and approved by the Local Planning Authority. No part of the development shall be occupied until the drainage scheme is carried out and completed as approved. Reason: In the interests of the proper drainage of the site, in accordance with Policy 2.61 of the deposit Cardiff Unitary Development Plan.
6. Before the development hereby approved is brought into beneficial use, a plan showing details of facilities for the storage of refuse and recycling containers within the site and where they will be presented for collection shall be submitted to and approved in writing by the Local Planning Authority and thereafter refuse and recycling containers shall only be stored in accordance with the approved details. Reason: To secure an orderly form of development and protect the amenities of the area, in accordance with Policy 2.74 of the deposit Cardiff Unitary Development Plan.
7. Prior to the commencement of development, a strategy for waste management, within the site, which shall reflect recycling, composting and landfill diversion targets, shall be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of proper waste management and to protect the amenities of the area, in accordance with Policy 2.74 of the deposit Cardiff Unitary Development Plan.
8. Any topsoil (natural or manufactured) or subsoil to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed in writing by the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced, in accordance with Policy 10 of the Cardiff Local Plan and Policy 2.63 of the deposit Cardiff Unitary Development Plan.
9. Any aggregate (other than virgin quarry stone) or recycled aggregate material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local
182 Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported aggregate is free from contamination and shall be undertaken in accordance with a scheme agreed in writing by the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced, in accordance with Policy 10 of the Cardiff Local Plan and Policy 2.63 of the deposit Cardiff Unitary Development Plan.
10. The extraction of all fumes from the food preparation areas shall be mechanically extracted to a point to be agreed in writing with the Local Planning Authority, and the extraction system shall be provided with a de-odorising filter. Details of the above equipment shall be submitted to, and approved by, the Local Planning Authority in writing and the equipment installed prior to the commencement of use for the cooking of food. The equipment shall thereafter be maintained in accordance with the manufacturers' guidelines, such guidelines having previously been agreed by the Local Planning Authority in writing. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected in accordance with Policy 2.24 of the deposit Cardiff Unitary Development Plan.
11. No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purpose of monitoring gases generated on the site or land adjoining thereto and for any measures necessary to protect the development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall provide details of measures that are required to ensure the safe and inoffensive dispersal or management of gases and to prevent lateral migration of gases into or from land surrounding the application site. Gases includes landfill gases, vapours from contaminated land sites, and naturally occurring methane and carbon dioxide, but does not include radon gas. All measures specified in the above scheme shall (unless otherwise agreed in writing) be undertaken and completed prior to any development commencing or in accordance with a timetable as shall be previously agreed in writing with the Local Planning Authority and the measures shall be retained and maintained until such time as the Local Planning Authority agree in writing. Reason: To ensure that the safety of future occupiers is not prejudiced in accordance with policy 10 of the Cardiff Local Plan and Policy 2.63 of the deposit Cardiff Unitary Development Plan.
12. No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purposes of identifying chemical and other contaminants on the site and to ensure that the land is suitable for the proposed development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall include details of any measures necessary to
183 protect future occupiers/users of the land from chemical and other contaminants. All measures in the approved scheme shall be undertaken in accordance with a timetable which shall be agreed in writing with the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced in accordance with Policy 10 of the Cardiff Local Plan and Policy 2.63 of the deposit Cardiff Unitary Development Plan.
13. The development hereby permitted shall not be commenced until such time as a scheme to dispose of surface water and install oil and petrol separators has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved. Reason: In the interests of pollution prevention and the proper drainage of the site, in accordance with Policy 2.61 of the deposit Cardiff Unitary Development Plan.
RECOMMENDATION 2: The applicant is advised that the details submitted for the discharge of condition 2 should include 113 general parking spaces and 7 disabled spaces.
RECOMMENDATION 3: The applicant is advised that the details submitted for the discharge of condition 3 should include secure and covered cycle parking provided at a ratio of 1 cycle space per bedroom.
RECOMMENDATION 4: The applicant is advised that the drainage scheme submitted for the discharge of condition 5 must include full details of the existing private drainage system that serves the overall site and the developer must ensure that the viability of the attenuation design is not compromised by the proposals. The applicant is advised to contact Mr Kambiz Ayoybkhani of ARUP Consultants for information regarding the existing drainage system and any constraints associated with it.
RECOMMENDATION 5: The applicant is advised that by law (Environmental Protection Act, 1990, section 47) all commercial premises have a duty of care to ensure that their waste is transferred to and disposed of by a registered waste carrier. Owners or developers of commercial developments/properties who require Cardiff County Council to collect and dispose of their waste can contact to commercial services department on 029 20717500. Further information regarding the Council’s requirements is available in the Supplementary Planning Guidance “Waste Collection and Storage Facilities”.
RECOMMENDATION 6 : To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for
184 any proposed piling operations.
RECOMMENDATION 7 : The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for
(i) determining the extent and effects of such constraints and; (ii) safe development and secure occupancy of the site rests with the developer.
Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.
The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.
RECOMMENDATION 8: The developer is advised that foul and surface water discharges must be drained separately from the site. No land drainage run-off shall be permitted to connect (either directly or indirectly) to the public sewerage system and the developer should contact the Local Authority Drainage Services for advice if it is intended to drain surface water to the public sewerage system.
RECOMMENDATION 9 : The developer is advised to contact Welsh Water with regard to the position of the trunk/distribution watermain that crosses the application site. Under the Water Industry Act 1991, Dwr Cymru Welsh Water has rights of access to its apparatus at all times. It may be possible for the watermain to be diverted under Section 185 of the water Industry Act 1991, the cost of which will be re-charged to the developer.
RECOMMENDATION 10: The developer may be required to contribute under sections 40 - 41 of the Water Industry Act 1991 towards the provision of new off-site and/or on-site watermains and associated infrastructure. Detailed site layout plans should be sent to New Connections Design Department, Players Industrial Estate, Clydach, Swansea SA6 5BQ.
RECOMMENDATION 11: The developer is advised to contact Dwr Cymru Welsh Water’s Network Development Consultants on 01443 331155 prior to any development being undertaken if a connection to the public sewerage system is required.
RECOMMENDATION 12: The developer is advised that it is likely that surface water generated by the development could be controlled via the integration of Sustainable Urban Drainage techniques and that this should be investigated fully. Further advice on this matter is available from Dwr Cymru Welsh Water (tel: 01443 331155).
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RECOMMENDATION 13: The applicant is encouraged to register with the Environment Agency’s Flood warnings Direct service (tel: 0845 9881188). Practical information regarding flood preparation is available on the Environment Agency website (www.environment-agency.gov.uk).
RECOMMENDATION 14: The applicant is advised to refer to the Environment Agency’s oil interceptors pollution prevention guidance “Pollution Prevention Guideline 3 - Use and design of oil separators in surface water drainage systems” for advice and guidance relevant to the design of oil and petrol interceptors.
RECOMMENDATION 15: The applicant is advised that that there is an active Environmental Permit in place at Major Motors Services Ltd on Sloper Road at ST1671675642. This is regulated by the Environment Agency. If the applicant has any queries they will need to contact the Environment Management Team at their Cardiff Office on 029 2024 5107.
RECOMMENDATION 16: The applicant is advised that the Environment Agency’s Water Demand Management Team can provide information and advice on any aspect of water conservation including water saving technologies. Further advice can be obtained from the Environment Agency at www.environment-agency.gov.uk/savewater.
RECOMMENDATION 17: The developer is advised that the Duty of Care regulations for dealing with waste materials are applicable for any off-site movements of wastes. The developer as waste producer therefore has a duty of care to ensure all materials removed go to an appropriate licensed disposal site, are transported using a registered waste carrier and all relevant documentation is completed and kept in line with regulations. If any waste is to be used on site, the applicant will be required to obtain the appropriate exemption or authorisation from the Environment Agency. More specific advice is available from the Environment Management Team on 029 2024 5107 or from http://www.environment-agency.gov.uk/subjects/waste.
1. DESCRIPTION OF PROPOSED DEVELOPMENT
1.1 Outline planning permission is sought for the erection of a hotel with up to 141 beds. The building will have a flat roof to a maximum height of 20.5m (23.9m including the plant room on the roof) and will have a footprint of 49.9m x 13.7m. Details of layout, scale, appearance, access and landscaping are reserved for future consideration.
2. DESCRIPTION OF SITE
2.1 The application site covers 0.48 hectares and is located on the Leckwith Road frontage of the Cardiff City Stadium site, between Jubilee Park and another undeveloped parcel of land which is proposed for a public house and restaurant, adjacent to the main entrance to the stadium.
186 2.2 The site is undeveloped land which has been used as part of the contractor’s compound, with temporary offices and vehicle parking, for the now completed retail and stadium developments.
3. SITE HISTORY
3.1 02/02679/R - Outline Planning Permission for Construction Of All Seater Stadium, Athletics Stadium, Foodstore And Bulky Goods Retail And Associated Buildings; Health And Fitness Club, Hotel, A3 Restaurant, Petrol Filling Station And Sports Pitches (All Weather And Grass) - All With Associated Car Parking, Landscaping And Highway Works.
06/01665/W - Modification of Condition 1 of 02/2679 Extended Period of Time to Submit an Application for Reserved Matters - Granted 14th September 2006.
4. POLICY FRAMEWORK
4.1 South Glamorgan (Cardiff Area) Replacement Structure Plan 1991 - 2011 :
EV1 (Towards sustainable development); MV1 (Location of New Developments); MV11 (Parking); T1 (Tourism and Recreational Developments); CL2 (Flooding Risk)
4.2 Cardiff Local Plan :
9 (Development in Areas at Risk of Flooding); 10 (Contaminated or Unstable Land); 17 (Parking and Servicing Facilities); 18 (Provision for Cyclists); 46 (Hotel Development)
4.3 Deposit Cardiff Unitary Development Plan :
2.57 (Access, Circulation and Parking Requirements); 2.58 (Impact on Transport Networks); 2.62 (Flood Risk); 2.63 (Contaminated and Unstable Land); 2.74 (Provision for Waste Management Facilities in Development).
4.4 Planning Policy Wales (2010) :
4.6.4: Local planning authorities should assess the extent to which developments are consistent with minimising the need to travel and increasing accessibility by modes other than the private car. Higher density development should be encouraged near public transport nodes or near corridors well served by public transport. 4.8.1: Previously-developed land should be used in preference to greenfield
187 sites wherever possible. 4.10.9: Visual appearance, scale and relationship to surroundings and context are material planning considerations. 8.4.2: minimum parking standards are no longer appropriate. 8.7.1: gives criteria for assessing applications for development with transport implications. 10.3.1: gives criteria for assessing applications for retail, leisure or other uses best located in a town centre. 13.1.4: Special attention needs to be given to minimising and managing the risks associated with climate change. Planning authorities need to ensure that both places and the development that takes place within them remain adaptable.
5. INTERNAL CONSULTEE RESPONSES
5.1 Chief Officer Strategic Planning and Environment (Land Use Policy):
The hotel proposal is acceptable in land use policy terms.
5.2 Operational Manager Transportation:
No Transportation objections in principle to this application, subject to conditions relating to parking facilities, cycle parking and construction management.
5.3 Chief Officer Highways and Waste Management (Drainage):
The applicant has indicated that he intends to discharge both Surface Water and Foul Flows to 'Main Sewers' although no further details have been provided. Any direct or indirect discharges to local Public Sewers will require prior consent from Welsh Water. In order to minimise any risk of flooding and pollution, request a condition requiring approval of a comprehensive drainage scheme. Assume that surface water discharges will be made to a ' private' Surface Water System that was installed as part of the overall development of the stadium site of which this application site forms a part and which incorporates an attenuation facility that eventually discharges to the nearby Main River (Ely).
5.4 Chief Officer Strategic Planning and Environment (Pollution Control):
No objections subject to conditions and advisory notes relating to construction site noise, kitchen extraction, ground gas protection, contaminated land and imported soils and aggregates.
5.19 Chief Officer Highways and Waste Management (Waste):
A location for the storage and collection of waste and recycling must be shown on site plans. Advise that a more in-depth waste strategy be submitted as part of the reserved matters application to more accurately predict waste arisings of the development. The waste strategy should aim to reflect
188 recycling, composting and landfill diversion targets. Public areas outside the hotel should also include litter bins.
6. EXTERNAL CONSULTEE RESPONSES
6.1 Cardiff Bus:
No reply to consultation.
6.2 Environment Agency Wales:
No objection on flood risk grounds. The maximum depth of flooding would be below the tolerable limits set by TAN 15. Surface water should be protected from run-off from the parking areas via the installation of oil and petrol separators.
6.3 Welsh Water:
Foul and surface water discharges should be drained separately. No land drainage run-off shall be permitted to connect (either directly or indirectly) to the public sewerage system and the developer should contact the Local Authority Drainage Services for advice if it is intended to drain surface water to the public sewerage system. The possible use of SUDS techniques should be investigated. A water supply can be made available and no problems are envisaged with the waste water treatment works. A trunk/distribution water main crosses the site.
7. REPRESENTATIONS
7.1 The application has been advertised by press notice, site notice and neighbour notification. The statutory notification period expires on 5th August 2010. Any representations received will be reported to the Planning Committee when the application is considered.
8. ANALYSIS
8.1 The principle of hotel development on this site is already established through the grant of planning consent 02/02679/R, which granted outline permission for the comprehensive redevelopment of the site and land opposite for football and athletics stadia, retail, hotel and restaurant use. The football stadium, athletics stadium, retail park and restaurant developments have all been completed or have received full planning permission. The period for submission of reserved matters for the hotel expired in 2009. There have been no material changes in circumstances since the original permission was granted and statutory consultees have raised no objections to the current proposal. It is therefore recommended that outline planning permission be granted subject to the conditions listed above.
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