Arjo Wiggins Report (217K)

COMMITTEE DATE: 26/02/2014

APPLICATION No. 12/1663/DCO APPLICATION DATE: 04/10/2012

ED: CANTON

APP: TYPE: Outline Planning Permission

APPLICANT: Ely Bridge Development Company LOCATION: FORMER ARJO WIGGINS, OLD MILL BUSINESS PARK, SANATORIUM ROAD, CANTON, CARDIFF, CF11 8DS PROPOSAL: OUTLINE APPLICATION FOR MIXED USE DEVELOPMENT COMPRISING RESIDENTIAL ACCOMODATION INCLUDING THAT REQUIRED BY THE ELDERLY FALLING WITHIN USE CLASSES C2 AND C3 A NEIGHBOURHOOD CENTRE COMPRISING POSSIBLE RETAIL FOOD AND DRINK COMMUNITY MEETING PREMISES MEDICAL HEALTH FACILITY AND OFFICE/START UP UNITS (USE CLASSES A1,A2,A3,D1 AND B1) A PARK INCORPORATING PEDESTRIAN/CYCLE TRAIL AND PLAY AREAS ALL WITH ASSOCIATED PARKING ACCESS AND HIGHWAY WORKS FLOOD MITIGATION WORKS AND LANDSCAPING ______

RECOMMENDATION 1: That, subject to no adverse representations being received within the statutory period as a result of the advertisement of the amendments to the application that raise issues not already addressed in the report to the Planning Committee, the application be delegated to the Head of Planning (Strategic Planning, Highways, Traffic and Transportation) to be GRANTED subject to persons having a relevant interest in the land entering into a binding obligation with the Council under SECTION 106 of the Town and Country Planning Act 1990 within 6 months of the date of this Resolution unless otherwise agreed by the Council in writing, encompassing the matters referred to in paragraphs 5.11, 5.26, 5.35, 5.38 and 8.26 of this report and subject to the following conditions and any amendments to the conditions subsequently considered necessary by the Head of Planning:

1. G00 Standard Outline - Insertions Required

2. Prior to the commencement of the development a detailed remediation scheme and verification plan to bring the site to a condition suitable for the intended use by removing any unacceptable risks to human health, controlled waters, buildings, other property and the natural and historical environment shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

All work and submissions carried out for the purposes of this condition must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model procedures for the Management of Land Contamination, CLR 11’ (September 2004) and the WLGA / WAG / EA guidance document ‘ Land Contamination: A guide for Developers’ (July 2006), unless the Local Planning Authority agrees to any variation.

Reason: To ensure that any unacceptable risks from land contamination to the future users of the land , neighbouring land, controlled waters, property and ecological systems are minimised, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy 10 of the Cardiff Local Plan and policy 2.63 of the Cardiff Unitary Development Plan.

3. The remediation scheme approved by condition 2 must be undertaken fully in accordance with its terms prior to the occupation of any part of the development unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works.

Within 6 months of the completion of the measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be submitted to and approved in writing by the Local Planning Authority.

Reason :To ensure that any unacceptable risks from land contamination to the future users of the land , neighbouring land, controlled waters, property and ecological systems are minimised, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy 10 of the Cardiff Local Plan and policy 2.63 of the Cardiff Unitary Development Plan

4. In the event that contamination is found, at any time when carrying out the approved development, that was not previously identified, it must be reported in writing within 2 days to the Local Planning Authority, all associated works must stop, until a scheme to deal with the contamination found has been approved. An investigation and risk assessment must be undertaken and where remediation is necessary a remediation scheme and verification plan must be prepared in accordance with the requirements of condition 6 and submitted to and approved in writing by the Local Planning Authority.

Following completion of measures identified in the approved remediation scheme, a verification report must be submitted to and approved in writing by the Local Planning Authority.

Reason :To ensure that any unacceptable risks from land contamination to the future users of the land, neighbouring land, controlled waters, property and ecological systems are minimised, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors in accordance with policy 10 of the Cardiff Local Plan and policy 2.63 of the Cardiff Unitary Development Plan.

5. The proposed details of appropriate gas protection measures, which may be 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, shall be submitted to and approved in writing by the Local Planning Authority.

All required gas protection measures shall be installed and appropriately verified before occupation of any part of the development which has been permitted and the approved protection measures shall be retained and maintained until such time as the Local Planning Authority agrees in writing that the measures are no longer required.

* ‘Gases’ include landfill gases, vapours from contaminated land sites, and naturally occurring methane and carbon dioxide, but does not include radon gas. Gas Monitoring programmes should be designed in line with current best practice as detailed in CIRIA 665 and or BS8485 2007 Code of Practice for the Characterization and Remediation from Ground Gas in Affected Developments.

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 Cardiff Unitary Development Plan.

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 which shall 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 Cardiff Council Pollution Control’s Imported Materials Guidance Notes.

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 Cardiff Unitary Development Plan.

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 which shall 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 Cardiff Council Pollution Control’s Imported Materials Guidance Notes.

Subject to approval of the above, sampling of the material received at the development site to verify that the imported soil is free from contamination shall be undertaken in accordance with a scheme and timescale to be 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 Cardiff Unitary Development Plan

8. Any site won material including soils and aggregates shall be assessed for chemical or other potential contaminants in accordance with a sampling scheme which shall be submitted to and approved in writing by the Local Planning Authority in advance of the reuse of site won materials. Only material which meets site specific target values approved by the Local Planning Authority shall be reused. 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 Cardiff Unitary Development Plan

9. Prior to commencement of development, details of the following items shall be submitted in writing to the Local Planning Authority for approval, and thereafter constructed in accordance with the approved Phasing Plan and Phasing Programme prior to beneficial occupation of any part of the site:

(a) All roads, , including the provision of 20mph zones as appropriate, footways, cycleways, car parking and cycle parking provision within the site; (b) The Riverside Walkway/Cycleway; (c) The proposed public transport facilities within the site, including the bus stops, bus shelters, bus boarders, real time information units and CCTV cameras; (d) The bus only-gate and CCTV camera control measures, including all necessary communications apparatus to link to the Council’s joint control centre. The developer shall not prevent the bus route from crossing the site; (e) Provision of an additional telecommunications duct from Cowbridge Road West to Sanatorium Road, through the site.

Reason: To ensure the provision of satisfactory access within the site, in accordance with policies 16, 17, 18 and 19 of the Cardiff Local Plan and policies 2.57 and 2.58 of the deposit Cardiff Unitary Development Plan

10. Details of a scheme to upgrade the existing pedestrian/cycle route from the site to a position adjoining 635 Cowbridge Road East, including a Phasing Programme for the implementation of the approved scheme, shall be submitted to and approved by the Local Planning Authority prior to the commencement of development. The above scheme shall be implemented in accordance with the Phasing Programme. This scheme must provide an alternative pedestrian/cycle crossing of the Great Western main line. Reason: To ensure that pedestrians and cyclists are provided with a high quality access to Cowbridge Road East, and in the interests of reducing movement by private car, in accordance with policies 16, 18 and 19 of the Cardiff Local Plan and policies 2.57 and 2.58 of the deposit Cardiff Unitary Development Plan.

11. Details of the following works together with a Phasing Programme for the implementation of the approved works shall be submitted to and approved by the Local Planning Authority prior to the commencement of development. The approved works shall be implemented in accordance with the Phasing Programme: (a) Construction of a new traffic signal junction at Cowbridge Road West/Northern Site Access Road junction with pedestrian/cycle ‘Toucan’ crossing facilities across the access road (Staggered) and Cowbridge Road West – East side (Straight Across) as indicated in the Paramics model; (b) Construction of a new traffic signal junction at Broad Street/Sanatorium Road/Southern Site Access Road junction with suitable pedestrian facilities to be agreed at the detail design stage; (a) Provision of additional Traffic Signal arrangements (Pre-signals) linked to the new Cowbridge Road West/Northern Site Access junction at Western Avenue and Cowbridge Road East as located in the Paramics model; (b) Provision of Fibre equipment (to enable connection to the Council’s fibre network system) and UTC Comms equipment for the above signals to include extension to Heol y Felin junction from Cowbridge Road East; (c) Provision of queue detection systems within the Traffic Signal arrangements; (d) Provision of SCOOT Detection and Validation of new operation including re-validation of existing network; (e) The provision of CCTV cameras together with associated cabling and ducting to be installed at appropriate locations, in order to monitor traffic conditions between Cowbridge Road West and Sanatorium Road: These locations are to include the following junctions:- - Broad St/Sanatorium Road - Lansdowne/Sanatorium - Cowbridge Road West/Mill Lane; (a) Provision of ACIS/VIX Bus priority equipment to be installed in all Traffic Signal equipment; (b) Provision of Bus Lane/ Red Light enforcement cameras to be provided at the pre-signal locations on Cowbridge Road East and Western Avenue; (c) Provision of variable message signs and Q loops on the approaches to the Ely Bridge roundabout; (a) Construction of a new shared footway/cycleway on the south side of Sanatorium Road between Treganna School and the site entrance; (a) Improvements to the Leckwith Road/Sloper Road/Broad Street junction; (a) Provision of Driver Feedback signs on Sanatorium Road, Broad Street, Lansdowne Road and Grosvenor Street; (b) Provision of a vehicle safety barrier on Cowbridge Road West (situated on the opposite side of the road to the location of the northern access). Reason: To ensure that the development does not harm the free flow of traffic in the surrounding area, and to provide satisfactory access to the site, in accordance with policies 16, 18 and 19 of the Cardiff Local Plan and policies 2.57 and 2.58 of the deposit Cardiff Unitary Development Plan.

12. Details of the proposed new bridge across the River Ely including an access route for pedestrians and cyclists to Dyfrig Road, together with a programme for the construction of these facilities, shall be submitted to and approved by the Local Planning Authority prior to commencement of development. The approved details shall be implemented in accordance with the approved phasing programme. Reason: To ensure that pedestrians and cyclists are provided with a high quality access to Caerau and Trelai Park, and in the interests of reducing movement by private car, in accordance with 18 and 19 of the Cardiff Local Plan and policies 2.57 and 2.58 of the deposit Cardiff Unitary Development Plan.

13. Prior to the commencement of development, a comprehensive Phasing Plan for the construction of the roads, footpaths and other publicly accessible areas shall be submitted to and approved by the Local Planning Authority. The Phasing Plan shall identify phases of construction of development and where required shall ensure safe and convenient pedestrian, cycle and vehicular access through those areas not under construction or where construction is complete. The development shall be carried out in accordance with the approved Phasing Plan or any variation thereof agreed in writing by the Local Planning Authority. Reason: To ensure an orderly form of development with safe access through and within the site, in accordance with 18 and 19 of the Cardiff Local Plan and policies 2.57 and 2.58 of the deposit Cardiff Unitary Development Plan.

14. Prior to the commencement of development, a comprehensive Phasing Programme for the construction of those items identified in the Phasing Plan shall be submitted to and approved by the Local Planning Authority. The Phasing Programme shall identify the commencement date and construction duration for each item in the Phasing Plan. The development shall be carried out in accordance with the approved Phasing Programme or any variation thereof agreed in writing by the Local Planning Authority. Reason: To ensure an orderly and timely form of development, in accordance with 18 and 19 of the Cardiff Local Plan and policies 2.57 and 2.58 of the deposit Cardiff Unitary Development Plan.

15. 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 vehicles (numbers/type), traffic routes, restricted hours of operation, site hoardings, site access (including temporary), position of haul roads, details of the location of compounds for the storage of plant and materials, plant and wheel washing facilities and parking of contractors vehicles. For the sake of clarity no construction traffic shall use Sanatorium Road between 8:30am - 9:30am and between 3:00pm – 4:00pm. Reason: In the interests of highway safety, public amenity and to avoid any conflict situations with other users of the highway in the vicinity of the site particularly those associated with the school on Sanatorium Road during construction; in accordance with policies 2.20, 2.57 and 2.58 of the deposit Cardiff Unitary Development Plan.

16. No part of the development hereby permitted shall be occupied until a Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall set out proposals and targets, together with a timetable to limit or reduce the number of single occupancy car journeys to the site, and to promote travel by sustainable modes. The Travel Plan shall be implemented in accordance with the timetable set out in the plan, unless otherwise agreed in writing with the Local Planning Authority. Reports demonstrating progress in promoting the sustainable transport measures detailed in the Travel Plan shall be submitted annually to the Local Planning Authority, commencing from the first anniversary of beneficial occupation of the development for a minimum period of 10 years thereafter. Reason: In the interests of sustainability and in accordance with policies 13 and 17 of the Cardiff Local Plan and policies 2.20 and 2.57 of the deposit Cardiff Unitary Development Plan.

17. Prior to the commencement of development the applicant, or their agents or successors in title, shall secure the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the local planning authority. Reason: To identify and record any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource, in accordance with policy 2 of the Cardiff Local Plan and policy 2.50 of the deposit Cardiff Unitary Development Plan.

18. No development shall be carried out that does not incorporate fully, or accord with, the mitigation measures detailed in the Flood Consequences Assessment Reference 12/8618 Revision 2 dated 14th May 2013. Reason: In the interests of flood management, in accordance with policy 9 of the Cardiff Local Plan, policy 2.62 of the deposit Cardiff Unitary Development Plan and Planning Policy Wales Technical Advice Note 15.

19. Prior to the commencement of development, a phasing programme for the implementation of the flood mitigation works described in the approved Flood Consequences Assessment, including removal of the concrete pier/cill from the river channel, shall be submitted to and approved in writing by the Local Planning Authority and the works shall be implemented in accordance with the approved programme. Reason: In the interests of flood management, in accordance with policy 9 of the Cardiff Local Plan, policy 2.62 of the deposit Cardiff Unitary Development Plan and Planning Policy Wales Technical Advice Note 15.

20. Prior to the commencement of development, a long term management plan for the removal of vegetation from the river channel between the site of the concrete pier/cill and Ely Bridge and for the prevention of re-growth of vegetation in this area in perpetuity, shall be submitted to and approved in writing by the Local Planning Authority, and the works shall be implemented in accordance with the approved management plan. Reason: In the interests of flood management, in accordance with policy 9 of the Cardiff Local Plan, policy 2.62 of the deposit Cardiff Unitary Development Plan and Planning Policy Wales Technical Advice Note 15.

21. Prior to the submission of the application for approval of the details of landscaping of the site, details of the impact that the proposed flood bund and drainage infrastructure on the line of mature trees adjacent to the south/south east boundary of the site shall be submitted to the Local Planning Authority. These details shall include:

(a) a plan showing the location of, and allocating a reference number to, each existing tree on, or overhanging or growing at a distance less than half its height from the site of the proposed flood bund and drainage infrastructure, which has a stem with a diameter, measured over the bark at a point 1.5 metres above ground level, exceeding 75mm, and showing which trees are to be retained, and the crown spread of each tree to be retained. (b) details of the species, diameter (measured as in paragraph (a) above), and the approximate height, and an assessment of the general state of health and stability of each tree which is to be retained, or which overhangs the site of the proposed flood bund and drainage infrastructure , or which grows at a distance less than half its height from the site. (c) details of any proposed pruning of each tree which is to be retained, or which overhangs the site of the proposed flood bund and drainage infrastructure , or which grows at a distance less than half its height from the site.(d) details of any proposed alterations to existing ground levels, and any proposed excavations, within the crown spread or in the case of trees which have a height greater than their crown spread within half that height, of each tree which is to be retained, or which overhangs the site of the proposed flood bund and drainage infrastructure, or which grows at a distance less than half its height from the site. (e) details of the specification and position of all fencing and other measures to be taken for the protection of any tree which is to be retained or which overhangs the site of the proposed flood bund and drainage infrastructure or which grows at a distance less than half its height from the site. The details shall accord with the advice in BS 5837 : 2012 . Reason : To enable the Local Planning Authority to assess the effects of the proposals on existing trees, and of the measures for their protection, and to assess whether replacement tree planting will be required, in the interests of visual amenity and tree protection, in accordance with policy 11 of the Cardiff Local Plan and policies 2.20 and 2.45 of the deposit Cardiff Unitary Development Plan.

22. No part of the development hereby approved shall be occupied until surface water drainage works have been implemented in accordance with details that have been submitted to and approved in writing by the local planning authority. These details shall illustrate through drawings and method statements how the proposed surface water drainage system will be constructed and maintained and shall include a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. Reason: In the interests of the proper drainage of the site, in accordance with policy 2.61 of the deposit Cardiff Unitary Development Plan.

23. Before the development hereby approved is brought into use the developer shall install a mechanism to prevent the entry of grease into the public sewerage system Thereafter the mechanism shall remain in place unless otherwise agreed in writing by the Local Planning Authority. Reason: To protect the integrity of the public sewer and avoid damage thereto.

24. Prior to commencement of development a scheme shall be submitted to and approved in writing by the Local Planning Authority to provide that all habitable rooms exposed to external railway noise in excess of 66 dBA Leq 16 hour (free field) during the day (07.00 to 23.00 hours) or 59 dBA Leq 8 hour (free field) at night (23.00 to 07.00 hours) shall be subject to sound insulation measures to ensure that all such rooms achieve an internal noise level of 40 dBA Leq 16 hour during the day and 35 dBA Leq 8 hour at night. The submitted scheme shall ensure that habitable rooms subject to sound insulation measures shall be provided with acoustically treated active ventilation units. Each ventilation unit (with air filter in position), by itself or with an integral air supply duct and cowl (or grille), shall be capable of giving variable ventilation rates ranging from – 1) an upper rate of not less than 37 litres per second against a back pressure of 10 newtons per square metre and not less than 31 litres per second against a back pressure of 30 newtons per square metre, to

2) a lower rate of between 10 and 17 litres per second against zero back pressure.

No habitable room shall be occupied until the approved sound insulation and ventilation measures have been installed in that room. Any private open space (excepting terraces or balconies to any apartment) shall be designed to provide an area which is at least 50% of the area for sitting out where the maximum day time noise level does not exceed 55 dBA Leq 16 hour [free field]. Reason: To ensure that the amenities of future occupiers are protected, in accordance with policy 2.24 of the deposit Cardiff Unitary Development Plan.

25. Prior to commencement of development a scheme shall be submitted to and approved in writing by the Local Planning Authority to provide that all habitable rooms exposed to external railway noise in excess of 66 dBA Leq 16 hour (free field) during the day (07.00 to 23.00 hours) or 59 dBA Leq 8 hour (free field) at night (23.00 to 07.00 hours) shall be subject to sound insulation measures to ensure that all such rooms achieve an internal noise level of 40 dBA Leq 16 hour during the day and 35 dBA Leq 8 hour at night. The submitted scheme shall ensure that habitable rooms subject to sound insulation measures shall be provided with acoustically treated active ventilation units. Each ventilation unit (with air filter in position), by itself or with an integral air supply duct and cowl (or grille), shall be capable of giving variable ventilation rates ranging from – 1) an upper rate of not less than 37 litres per second against a back pressure of 10 newtons per square metre and not less than 31 litres per second against a back pressure of 30 newtons per square metre, to

2) a lower rate of between 10 and 17 litres per second against zero back pressure.

26. Prior to commencement of development a scheme shall be submitted to and approved in writing by the Local Planning Authority to provide that the dwellings are designed and constructed so as to ensure that vibration dose values do not exceed 0.4m/s1.75 between 07.00 and 23.00 hours, and 0.26m/s1.75 between 23.00 and 07.00 hours, as calculated in accordance with BS 6472:1992, entitled “Guide to Evaluation of Human Exposure to Vibration in Buildings”, [1Hz to 80Hz]. The dwellings shall be constructed in accordance with the approved scheme. Reason: To ensure that the amenities of future occupiers are protected, in accordance with policy 2.24 of the deposit Cardiff Unitary Development Plan.

27. The details of landscaping required by condition 1 shall include full details of the Riverside Park to be created alongside the River Ely, including but not limited to:

• plans showing the extent and layout of the Riverside Park • details of any proposed planting scheme • details demonstrating how the area will be protected during development and managed/maintained over the longer term, including adequate financial provision and named body responsible for management plus production of a detailed management plan • details of any footpaths, fencing or other structures within the area • details of a wetland area • The development shall be carried out in accordance with the approved scheme and any subsequent amendments shall be agreed in writing with the local planning authority. The Riverside Park area shall be kept free from built development including lighting, domestic gardens, children’s play areas and formal landscaping other than that agreed in writing with the Local Planning Authority as part of a condition that controls the landscaping scheme for the wider development Reason: In the interests of biodiversity and the preservation of Protected Species, in accordance with policy 2.48 of the deposit Cardiff Unitary Development Plan , Cardiff Supplementary Planning Guidance “Biodiversity” (June 2006) and paragraph 5.5.11 of Planning Policy Wales (2012).

28. The details of landscaping required by condition 1 shall include a landscape management plan, including long-term design objectives, management responsibilities and maintenance schedules for all landscaped areas (except privately owned domestic gardens). The landscape management plan shall be carried out as approved and any subsequent variations shall be agreed in writing by the Local Planning Authority. The landscaping scheme shall include the following elements:

• demonstration that the majority of the planting schedule will comprise native species of local provenance, which will be selected to support and enhance the existing biodiversity value of the local area; • details of maintenance and management regimes; • details of any new habitat created on site and how this will be managed in a sympathetic manner to promote wildlife diversity within and outside the site; • Details of treatment of site boundaries and/or buffers around water bodies. • Reason: In the interests of visual amenity and biodiversity, in accordance with policy 11 of the Cardiff Local Plan and policies 2.20 and 2.48 of the deposit Cardiff Unitary Development Plan.

29. No development shall take place until a detailed method statement for the removal or the long-term management / control of Japanese knotweed and Himalayan balsam on the site has been submitted to and approved in writing by the local planning authority. The method statement shall include measures that will be used to prevent the spread of Japanese knotweed and Himalayan balsam during any operations e.g. mowing, strimming or soil movement. It shall also contain measures to ensure that any soils brought to the site are free of the seeds / root / stem of any invasive plant listed under the Wildlife and Countryside Act 1981, as amended. Development shall proceed in accordance with the approved method statement. Reason : To ensure the safe destruction and prevention of spread of Japanese Knotweed and Himalayan balsam, in the interests of biodiversity and the prevention of contamination, in accordance with policy 2.63 of the deposit Cardiff Unitary Development Plan and Cardiff Supplementary Planning Guidance “Biodiversity” (June 2006).

30. Details of any lighting required during construction works shall be agreed in writing with the Local Planning Authority prior to installation, and implemented as agreed. Reason: To ensure the River Ely corridor continues to be used by bats and otters, in the interests of biodiversity and in accordance with policy 2.48 of the deposit Cardiff Unitary Development Plan and Cardiff Supplementary Planning Guidance “Biodiversity” (June 2006).

31. The specifications, location and direction of any external artificial lights shall be such that lighting levels within 10 metres of the top of the bank of the River Ely are maintained at background levels (Lux level of 0- 2). Reason: To minimise light spill from the proposed development into the watercourse, adjacent habitat and proposed wetlands, in the interests of biodiversity and in accordance with policy 2.48 of the deposit Cardiff Unitary Development Plan and Cardiff Supplementary Planning Guidance “Biodiversity” (June 2006).

32. During the period of construction, any excavation within 20 metres of the River Ely that is in excess of 600mm deep and will be left open at night shall have at least one gently sloping side, or an escape route for otters by means of wooden ramp(s). Reason: To protect a European Protected Species, in the interests of biodiversity and in accordance with policy 2.48 of the deposit Cardiff Unitary Development Plan and Cardiff Supplementary Planning Guidance “Biodiversity” (June 2006).

33. No removal of trees, shrubs, bushes or hedgerows shall take place between 1st February and 15th August without the prior written approval of the Local Planning Authority. Reason: To avoid disturbance to nesting birds, in accordance with paragraph 5.2.8 of Planning Policy Wales (2011).

34. No materials, waste, arisings or plant shall be stored or operated within the River Ely Site of Importance for Nature Conservation, or be allowed to fall, be washed or be blown into it. Reason: To protect the features of interest for nature conservation for which the Site of Importance for Nature Conservation has been designated, in accordance with policy C8 of the South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011 and policy 2.47 of the deposit Cardiff Unitary Development Plan (2003).

35. Litter bins shall be provided along the pedestrian/cycle trail, adjacent to the commercial units and where other high levels of footfall can be anticipated, details of the location and design of which shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development, and the approved items shall be provided on completion of the landscaping and surfacing works for that part of the site. Reason: In the interests of visual amenity and waste management, in accordance with Policy 11 of the Cardiff Local Plan and Policy 2.74 of the deposit Cardiff Unitary Development Plan.

36. No activities shall be carried out at any premises within class A1 or class A3 of the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to those classes in any statutory instrument amending, revoking or re-enacting that Order) which create noise audible at the boundary of any residential accommodation outside of the hours of 08.00 - 18.00 hours Monday to Fridays and 08.00 - 13.00 hours on Saturdays. 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

37. No member of the public shall be admitted to or allowed to remain on any premises within class A1 or class A3 of the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to those classes in any statutory instrument amending, revoking or re-enacting that Order) between the hours of 08:00pm and 08:00am on any day unless otherwise agreed in writing by the Local Planning Authority. 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.

38. There shall be no arrival at, departure from, or loading or unloading of delivery vehicles at, any premises within class A1or class A3 of the Town and Country Planning (Use Classes) Order 1987 (or in any provision equivalent to those classes in any statutory instrument amending, revoking or re-enacting that Order) between the hours of 08:00pm and 08:00am on any day unless otherwise agreed in writing by the Local Planning Authority. 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.

39. The rating level of the noise emitted from fixed plant and equipment on the site shall not exceed the existing background noise level at any time by more than 5dB(A) at any residential property when measured and corrected in accordance with BS 4142: 1997(or any British Standard amending or superseding that standard). 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 Unitary Development Plan.

40. Prior to amplified music being played in any room in any premises not within Class C3 of 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) 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, in accordance with policy 2.24 of the deposit Unitary Development Plan.

41. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any order revoking and re-enacting that Order with or without modification) no sale of hot food for consumption off the premises shall take place from any premises within Class A3 of 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) unless otherwise agreed in writing by the Local Planning Authority. 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 Unitary Development Plan.

42. If at any time the use of any premises other than those within Class C3 of 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) is to involve the preparation and cooking of hot food, the extraction of all fumes from the food preparation areas shall be mechanically extracted to a point to be agreed 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 Unitary Development Plan.

43. The dwellings hereby approved shall meet or exceed the BRE Code for Sustainable Homes (Version 3) Level 3, and shall obtain a minimum of 1 credit under Ene 1 (Dwelling Emissions Rate). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.12.4 of Planning Policy Wales (2012).

44. Construction for any dwelling hereby permitted shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 (Dwelling Emission Rate) shall be achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.12.4 of Planning Policy Wales (2012).

45. Prior to occupation of the individual dwellings hereby permitted a Code for Sustainable Homes (Version 3) Level 3 ‘Final Certificate’ shall be submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 (Dwelling Emissions Rate) has been achieved for the dwellings. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.12.4 of Planning Policy Wales (2012).

46. Any non-residential buildings which fall into the category of “major development” as defined at Article 2, paragraph 1 of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 shall be constructed to achieve a minimum Building Research Establishment Environmental Assessment Method (BREEAM) (or subsequent equivalent quality assured scheme) overall standard of ‘very good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (Reduction of CO2 Emissions). The development shall be carried out entirely in accordance with the approved assessment and certification. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan, paragraph 4.12.4 of Planning Policy Wales (2012) and Welsh Government Policy Clarification Letter CL-02-12.

47. Construction of any non-residential building which fall into the category of “major development” as defined at Article 2, paragraph 1 of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum ‘BREEAM’ overall standard of ‘Very Good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (Reduction CO2 Emissions) has been achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan, paragraph 4.12.4 of Planning Policy Wales (2012) and Welsh Government Policy Clarification Letter CL-02-12.

48. Prior to the occupation of any non-residential buildings which fall into the category of “major development” as defined at Article 2, paragraph 1 of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012, a ‘Final Certificate’ shall be submitted to the Local Planning Authority, certifying that a minimum ‘BREEAM’ overall standard of ‘Very Good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (reduction of CO2 Emissions) has been achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan, paragraph 4.12.4 of Planning Policy Wales (2012) and Welsh Government Policy Clarification Letter CL-02-12.

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: A trunk/distribution watermain 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 4: The developer is advised that the domestic water supply to serve the proposed development is required to connect to the 2 no. 12” CI trunk mains located in Cowbridge Road West, details of which are shown on the statutory sewer plan.

RECOMMENDATION 5: 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. No discharge of surface water from the completed development, including access roads/driveways, shall be permitted to drain to the public highway or any highway drain. The developer should contact the Dwr Cymru Welsh Water Operations Contact Centre (0800 085 3968) to establish the location and status of sewers within the site.

RECOMMENDATION 6: The developer is advised to contact Dwr Cymru Welsh Water (DCWW) at the earliest opportunity with regard to new legislation that makes it mandatory for all developers who wish to communicate with the public sewerage system to obtain an adoption agreement for their sewerage with DCWW. The Welsh Ministers Standards for the construction of sewerage apparatus and an agreement under Section 104 of the Water Industry Act 1991 will need to be completed in advance of any authorisation to communicate with the public sewerage system under S106 of the Water Industry Act 1991 being granted by DCWW. Further information on the Welsh Ministers Standards can be found on the DCWW website – www.dwrcymru.com – and on the Welsh Government website – www.wales.gov.uk. If a connection is required to the public sewerage system, the developer should contact DCWW’s Developer Services on 0800 917 2652.

RECOMMENDATION 7: If the development will give rise to a new discharge (or alter an existing discharge) of trade effluent, directly or indirectly to the public sewerage system, then a Discharge Consent under Section 118 of the Water Industry Act 1991 is required from Dwr Cymru Welsh Water. The issuing of a discharge consent is independent of the planning process and a Consent may be refused although planning permission is granted.

RECOMMENDATION 8: Any petrol / oil interceptor to be installed as part of the drainage system must be of a type approved by the Environment Agency. This installation must be maintained as recommended by the manufacturer.

RECOMMENDATION 9: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

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

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

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

RECOMMENDATION 10: The developer is advised that under the terms of Section 109 of the Water Resources Act 1991 and Land Drainage Byelaws, the prior formal consent of the Environment Agency is required for any proposed works or structures, in, under, over, or within 7 metres of the top of the bank of a designated main river. This requirement also applies within 7 metres of the base of any floodbank or wall (landward side) under the requirements of the Byelaws. The watercourse known as the River Ely is scheduled pursuant to the Water Resources Act 1991 and Land Drainage Byelaws, as a statutory main river.

RECOMMENDATION 11: This development will require an Environmental Permit under the Environmental Permitting (England and Wales) Regulations 2010 from the Environment Agency, unless a waste exemption applies. An Environmental Permit will also be required for discharge to water unless the discharge is covered by a low-risk position statement. The applicant is advised to contact the Environment Management Team at the Cardiff office on 029 2024 5188 to discuss the issues likely to be raised. Further information is also available from the website: http://www.environment- agency.gov.uk/business/regulation/32038.aspx

RECOMMENDATION 12: The applicant is advised to seek clarity on the information required in a Japanese knotweed management plan, by consulting the Environment Agency document “The Knotweed Code of Practice” http://publications.environment-agency.gov.uk/pdf/GEHO0906BLIV- e-e.pdf

RECOMMENDATION 13:The applicant is advised that Cardiff Harbour Authority has a monitoring borehole adjacent to the southern boundary fence of the former paper mills (at approximate NGR 315342 176278). This installation should be marked and protected during development works.

RECOMMENDATION 14:In the interests of the safe operation of the adjacent railway, any lighting associated with the development must not interfere with the sighting of signalling apparatus and/or the vision of drivers of trains on the adjacent railway line and should not be coloured in such a way that it would conflict with any railway signalling system.

RECOMMENDATION 15: All surface water drainage must be directed away from Network Rail’s land and any water attenuation system or soakaways should be sited no closer than 30m from the boundary and bear no additional loading on the railway infrastructure.

RECOMMENDATION 16: All excavations / earthworks carried out in the vicinity of Network Rail’s property / structures must be designed and executed such that no interference with the integrity of that property / structure can occur. If temporary compounds are to be located adjacent to the operational railway, these should be included in a method statement for approval by Network Rail. Where development may affect the railway, consultation with Network Rail’s Asset Protection Engineer should be undertaken: [email protected]

RECOMMENDATION 17: Should any works involve disturbing the ground on or adjacent to Network Rail’s land it is likely/possible that Network Rail and the utility companies have buried services in the area in which there is a need to excavate. Network Rail’s ground disturbance regulations apply. The developer should seek specific advice from Network Rail on any significant raising or lowering of the levels of the site.

RECOMMENDATION 18: Any scaffold which is to be constructed adjacent to the railway must be erected in such a manner that at no time will any poles or cranes over-sail or fall onto the railway. All plant and scaffolding must be positioned, that in the event of failure, it will not fall on to Network Rail land.

RECOMMENDATION 19: Where roadways or vehicle turning areas abut the boundary with Network Rail land, details submitted for approval should include appropriate vehicle incursion barriers to be installed to protect the boundary fencing.

RECOMMENDATION 20: Details of layout submitted for approval as a reserved matter should ensure that all buildings are situated at least 2 metres from the fence on the boundary with Network rail’s land to allow construction and any future maintenance work to be carried out without involving entry onto Network Rail's infrastructure. Where trees exist on Network Rail land the design of foundations close to the boundary must take into account the effects of root penetration in accordance with the Building Research Establishment’s guidelines. Where foundation works penetrate Network Rail’s support zone the works will require specific approval and careful monitoring by Network Rail. There should be no additional loading placed on any cutting and no deep continuous excavations parallel to the boundary without prior approval. Where Network Rail has defined access points, these must be maintained.

RECOMMENDATION 21: Where any species listed under Schedules 2 or 4 of the Conservation of Habitats and Species Regulations 2010 is present on the site in respect of which this permission is granted, no works of site clearance, demolition or construction should take place in pursuance of this permission unless a licence to disturb any such species has been granted in accordance with the aforementioned Regulations.

RECOMMENDATION 22: The highway improvement works conditioned above, which involve works in the existing adopted public highway, are to be subject to an agreement under Sections 278 and 38 of the Highways Act 1980

RECOMMENDATION 23: The developer is advised to liaise with Highway Operations (contact Tony Jones) with regard to a footway and carriageway survey that the developer is advised to carry out prior to the commencement of works in the vicinity of the site, particularly along Sanatorium Road. This is to establish the conditions of the footway and carriageway prior to the commencement of development and to ensure that only damage or deterioration which results from development work will be the responsibility of the applicants to rectify.

RECOMMENDATION 24: The developer is advised to liaise closely with Dwr Cymru and the Local Drainage Authority in relation to adoption responsibilities for the surface water drainage system, to ensure that strict Quality Assurance procedures are planned for in relation to the construction of all surface water systems and that, if adoption of the surface water drainage system by the Local Authority is proposed, the developer will have to agree a process for the payment of a commuted sum in relation to future maintenance before adoption can be considered.

RECOMMENDATION 25: The developer is advised to requisition additional mains capacity above that needed for domestic purposes to provide adequate water supplies for fire fighting.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 This application seeks outline planning permission for a mixed use development comprising up to 800 residential units (with a minimum of 57% being affordable in a mix of size and tenure types), a neighbourhood centre with possible retail, food and drink, community meeting premises, medical health facility and office/start-up units and a park incorporating a pedestrian and cycle trail and play areas. The application also includes flood mitigation works.

1.2 All matters of layout, scale, appearance and landscaping are reserved for future consideration. Access – i.e. the accessibility to and within the site for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network - is not a reserved matter but is to be considered as part of this application.

1.3 The submission comprises the application form and written appendix, a written statement of scale and plans which comprise: LP01 – Site Location Plan CG514 - Foul Drainage Layout CG511 – Finished Levels CG512 - Utilities and Services Layout CG513 - Storm Drainage Layout PL02 - Typical Building Heights PL01 – Illustrative Street Hierarchy G2785(05) 100 D – Illustrative Site Layout – Masterplan Access arrangements are shown within the Design and Assess Statement (as revised), on the illustrative site layout plan and within the Transport Assessment, with the new access onto Cowbridge Road West being specifically illustrated within the Paramics Modelling document dated 21/01/14 (figures 1 – 3) and within the Environmental Statement Review (received 30/01/14).

1.4 The application is submitted with an Environmental Statement including a non technical summary. The primary impacts considered are those upon the landscape and visual quality of the area, air quality, noise and vibration, archaeology, geology, soil, water, transport and access and socio economic impact. The Environmental Statement has been supplemented by an Air Quality Assessment addendum (21/06/13), Ecology addendum (21/06/13) and supplementary information relating to ground level changes (21/06/13) and has been revised to take account of amended transportation proposals (30/01/14).

1.5 The following documents are also submitted in support of the application:

Flood Consequences Assessment (21/06/13) with addendum (27/08/13)

Riverside Park Method statement (26/03/13) and addition to the Riverside Park Method statement (21/06/13)

Design & Access Statement analysing the site context and the development framework that has informed the illustrative masterplan, street hierarchy and building heights, which includes anticipated street design principles and hierarchy of streets, spaces and commercial centre and code for sustainable homes pre-assessment summary demonstrating that code level 3 should be reached. The Statement envisages the retail, leisure, community and office space to be located in a local centre at the north eastern end of the site. The Statement has been revised to take account of amended transportation proposals (30/01/14).

Transport Assessment which examines existing conditions for all modes of transport (in light of the site’s historic use) and predicts future traffic demand to assess the proposals impact on the highway network. This is further supported by a Transport Assessment Addendum (15/03/13), further Transport Assessment Addendum (21/06/13), Junction Capacity Assessment (21/06/13), Lansdowne Road/Sanatorium Road Junction Operation - Technical Note (21/06/13), Outline Travel Plan information (21/06/13) and amended proposals for the Cowbridge Road West junction (plan CG1192 and Cowbridge Road West Access Junction Paramics Modelling, 30/01/14).

1.6 This outline application is one of a number of applications to be submitted by the Ely Bridge Development Company that will comprise a phased strategy for delivery of the development proposals. The first application (12/00910/DCO), approved in September 2012, was for remediation of contaminated land within the site. The Council has also approved the method of demolition and restoration works for the removal of a central pier/concrete sill structure and downstream gravel deposits from within the River Ely to the west of the site, which is associated with the proposed flood alleviation works for this development.

1.7 For the purposes of this application, a scheme of 760 residential units plus a neighbourhood centre and offices has been assumed. The neighbourhood centre would have retail and leisure floorspace of up to 1,000 square metres, 500 square metres of community space and up to 1,300 square metres of office space. The illustrative masterplan shows 760 residential units in a mix of houses and apartments. The total number of units will ultimately depend on the size and composition of the neighbourhood centre and the final residential unit mix agreed with the Welsh Government and the Council. Increasing the number of residential units up to 800 would involve reducing the scale of the proposed commercial development on the site.

1.8 Ely Bridge Development Company (the applicant) is required by the Welsh Government to deliver 57% of the residential units on this site as affordable housing (using the Welsh Assembly Government’s definition of “affordable”). The development is intended to provide the housing without requiring Social Housing Grant. Ely Bridge Development Company is a not-for-profit social enterprise created by the Welsh Government and Principality Building Society.

1.9 Following discussions with the Ely Bridge Development Company and the Welsh Government, the proposed mix of affordable housing units on the site has been agreed as follows:

Agreed Social Affordable Discounted Open Indicative Total Type intermediate Market Market Open Market Rent Rent Sales 1 bed appt 38 40 - 13 3 94 2 bed appt - 74 21 34 - 129 2 bed 4 - - - - 4 duplex 2 bed 28 7 58 - 86 179 house tce 3 bed - - 109 19 104 232 house tce 4 bed - - 17 3 36 56 house tce 3 bed - - - - 18 18 house det 4 bed - - - - 14 14 house det Total 70 121 205 69 261 726 % 10% 17% 28% 9% 36% (rounded)*

1.10 The units are to be built to Welsh Government Design Quality Standard and Welsh Housing Quality Standard. 70 Social Rented units (10%) are to be delivered at Benchmark Rent. 121 Affordable Intermediate Rented units (17%) are to be delivered at rents initially at 84% of Local Housing Allowance and will increase annually by CPI for not less than 25 years and remain below 100% of Local Housing Allowance. In addition, 205 Discounted Rent units (28%) are to be initially set at 80% of open market rent rising by RPIJ plus 0.5% per year. This tenure includes 21 two bed apartments earmarked for over 50s living located within the same block as the Community Hall and Estate Management Office. The Ely Bridge Development Company has agreed that they will be contracting the managing agent function in perpetuity to a Registered Social Landlord with Welsh Government approved development status in Cardiff. It should be noted that, using Cardiff Council’s definition of “affordable housing” rather than the Welsh Government’s, the proportion of such housing on this site would be 27% as the “discounted rent” units would not be included.

1.11 The illustrative masterplan indicates that the houses will be set within a hierarchy of tree-lined boulevards and “green” streets providing links to a proposed linear riverside park. The development also includes a new footbridge linking the site to Dyfrig Road, and thereby giving access to Trelai Park, on the opposite side of the Ely River. The Ely Trail (a cycle and pedestrian path) will be routed through the riverside park, which will also serve as flood protection for the development.

1.12 The scale of the buildings is proposed to be predominantly 2-3 storeys with areas of up to 5 storeys where appropriate.

1.13 Details of access are to be considered at this stage. In this regard, the application is accompanied by an illustrative site layout, illustrative street hierarchy, Transport Assessment, Traffic and Transportation Technical Notes and paramics modelling.

1.14 The submitted plans show that a new footbridge will be constructed across the Ely River to provide a link to Dyfrig Road for pedestrians and cyclists. Pedestrian/cycle access will also be provided to Cowbridge Road East via an existing railway bridge. A new pedestrian and cycle path will be provided through the riverside park to complete the Ely Trail from the national History Museum in St Fagans to Cardiff Bay.

1.15 Vehicular access to the site would be via Sanatorium Road to the south and via a new traffic-light controlled junction onto Ely Bridge to the north. Around 30% of the houses would access and egress the site via Ely Bridge with the remainder using the Sanatorium Road route. The site layout would be such that there would be no through route for general traffic, with a bus gate being used to ensure that buses and emergency vehicles would be able to use both access points.

1.16 Paramics modelling has been submitted in support of the access proposals, which have been amended since the application was originally submitted (the original proposal was for the northern access to be used by buses and emergency vehicles only). The Transport Assessment includes proposals to signalise the Sanatorium Road/Broad Street/Heol Terrell junction.

1.17 Within the site, the primary distributor road, accommodating the bus route, will be in the form of a tree-lined boulevard. The Boulevard will act as the transport spine for the site. Adjacent to the carriageway, 2m wide allocated parking bays will be provided, separated from the footway by a planted strip (including trees). The Boulevard will lead to the Neighbourhood Centre, which will be designed according to “shared space” principles. “Green Streets” will lead off this boulevard, creating a link to the riverside park. Carriageway widths will vary between 4.8m and 5.5m, and 2m wide unallocated parking bays will be provided on each side, separated from the footways by a planted strips which will also provide drainage via urban swales. These streets will be interspersed with shared streets and mews courts, giving pedestrians priority over vehicles. Car parking spaces will be marked by surface treatments and a combination of planting and street furniture will be used to distinguish different spaces.

1.18 Drainage details must also be considered at this stage as drainage is not a reserved matter. The proposed surface water drainage system utilises urban swales, with underground attenuation cells, road gullies and channels. The new storm water network will utilise existing outfalls where possible and incorporates attenuation cells for extreme flood events when the outfalls to the river would be blocked. The new foul sewer network will follow the roads and a new pumping station will be required in the south eastern corner of the site.

1.19 A Flood Consequences Assessment (FCA) has also been submitted as flood risk must be considered at this stage. The FCA, as revised, provides details of flood mitigation measures that will be required. These are:

• Re-establishing the existing flood protection along the banks of the river some 16-20m to the east, and reducing the existing ground level in front of the raised ground level by around 1m to provide additional storage during extreme events; • Raising ground levels adjacent to the railway in north-east areas; • Installing a 70m wide channel in the north to take overland flows to the river; • Raising ground levels locally in specific areas of the site and along the southern boundary; • Forming local flood bunds in off-site land to the south; • Lowering ground levels in parts of the fields to the south; • Removal of a concrete sluice structure and sill from within the river channel to the west.

2. DESCRIPTION OF SITE

2.1 The site is around 20 hectares in size and is located adjacent to the eastern bank of the River Ely, to the south west of an embankment carrying the City (Radyr) railway line and the railway from Cardiff to Swansea, which runs alongside Cowbridge Road East. At its northern end the site borders onto Cowbridge Road West for a distance of approximately 150 metres where that road descends from the Ely Bridge roundabout to the bridge over the river.

2.2 The frontage onto the river Ely is approximately 1,000m in length. The site varies in width between around 32m and 300m. It is generally level throughout and was mostly covered with hardstandings and slabs associated with past industrial use. Buildings and other structures have been demolished and the hardstandings and slabs, along with foundations and underground structures, have now been removed following the granting of planning permission for site remediation works.

2.3 A line of mature trees runs along the southern boundary of the site separating it from playing fields to the south. The majority of the site is separated from the surrounding areas by the river and railway lines. An area of industrial units and warehouses is situated on Sanatorium Road and Paper Mill Road close to the eastern site boundary, beyond which is a predominately residential area. To the south of the site, playing fields extend several hundred metres towards the A4232 (Ely Link Road) eventually merging with the Fitzalan School playing fields. Part of this area, abutting the south eastern corner of the application site, has recently been developed as a new primary school.

2.4 An industrial/warehousing area and mental health rehabilitation unit are situated on the opposite side of the river facing the northern part of the site, with a large area of allotments bordering the river opposite the southern part. The Council has recently resolved to grant planning permission for a development of 41 residential units at the former Ely Farm site on the opposite side of the river to the north of the allotments (subject to the signing of a Section 106 agreement).

2.5 Vehicular access to the site is currently via Sanatorium Road only, which also serves a number of industrial and warehousing units, small businesses, a doctors’ surgery, public open space and a new school. Sanatorium Road leads to Paper Mill Road which is linked to Cowbridge Road East via a footbridge over the main railway line. There is also a pedestrian underpass beneath the City railway line, which is currently blocked.

2.5 The site was formally occupied by Wiggins Teape, a specialty paper manufacturer and merchant, founded in 1761. In 1990 it was renamed Wiggins Teape Appleton plc, later trading as Arjo Wiggins. Operations ceased in 2000 and the site has been cleared.

3. SITE HISTORY

3.1 13/01641/DCO – Removal of a central pier/concrete sill structure from within the River Ely, and downstream gravel deposits, to alleviate restrictions in river flows.

3.2 12/00910/DCO - Site remediation including breaking up, crushing and stockpiling of concrete hardstandings and foundations, excavation and re- compaction of made ground, appropriate treatment of contamination, removal of drains and services and treatment of Japanese knotweed and any other associated works.

3.3 04/02749 – Mixed use scheme comprising up to 900 dwellings, live/work units, employment and associated commercial uses, new highway access and publicly accessible green space. Planning Committee resolved to grant permission on 18/01/2006 subject to a S106 obligation relating to sustainability, affordable housing, transportation, open space, community facilities and provision of live/work units. The S106 obligation has not been signed.

3.4 04/01295 – Area of flat standing for storage of Millennium Stadium pitch whilst it is being used for non-grass events.

3.5 02/02217 – Paper loading, storage and converting facility in existing units 1, 2 and 3 and erection of boiler room extension and canopy and enclosure etc.

3.6 01/00631 – Confirmation of office use on former Ely Paper Mill offices B1. Demolition of existing shed to provide car park and erection of fence.

3.7 97/00909 – Minor civil engineering works to raise a length of flood bund along the River Ely.

3.8 97/00263 – Extension of existing building for machinery and material transfer.

4. POLICY FRAMEWORK

4.1 South Glamorgan (Cardiff Area) Replacement Structure Plan 1991 – 2011:

EV1 (Towards sustainable development); EV2 (Urban Regeneration); MV1 (Location of New Developments); MV2 (Commuted Payments); MV4 (Highways); MV11 (Parking); MV12 (Public Access); H1(New Dwelling Requirement); H4 (Special Housing Provision); H5 (Affordable Housing); H6 (Community Facilities); B1 (Conservation of the Built Environment); B4 (Greening of Urban Areas); C8 (Protection of Water Resources); CL2 (Flooding Risk).

4.2 Cardiff Local Plan : 1 (Ancient Monuments and other Nationally Important Archaeological Remains); 9 (Development in Areas at Risk of Flooding); 10 (Contaminated or Unstable Land); 13 (Energy Use); 14 (Facilities for Public Transport Services); 16 (Traffic Calming); 17 (Parking and Servicing Facilities); 18 (Provision for Cyclists); 19 (Provision for Pedestrians); 24 (Affordable and Special Needs Housing); 25 (Affordable Housing Within the Built Up Area); 31 (Residential Open Space Requirement); 36 (Alternative Use of Business, Industrial and Warehousing Land).

4.3 Supplementary Planning Guidance - Access, Circulation and Parking Standards (January 2010); Cardiff Residential Design Guide (March 2008); Trees and Development (March 2007); Waste Collection and Storage Facilities (March 2007); Affordable Housing (March 2007); Biodiversity: Part 1 & Part 2 (June 2006); Community Facilities and Residential Development (March 2007); Developer Contributions for School Facilities (March 2007); Open Space (June 2000).

4.4 Deposit Cardiff Unitary Development Plan – 1.A (General Principles for the Location of Development) 1.C (Planning Obligations) 1.D (Homes and Community Facilities) 1.I (The Historic Environment) 1.J (Open Space) 1.N (Car Parking) 2.9 (Improvements to the Primary Road Network); 2.21 (Change of Use or Redevelopment to Residential Use); 2.23 (Affordable Housing); 2.24 (Residential Amenity); 2.26 (Provision for Open Space, Recreation and Leisure); 2.27 (Provision for Schools); 2.45 (Trees, Woodlands and Hedgerows); 2.48 (Biodiversity); 2.50 (Ancient Monuments and other Archaeological Remains); 2.57 (Access, Circulation and Parking Requirements); 2.58 (Impact on Transport Networks); 2.61 (Protection of Water Resources); 2.62 (Flood Risk); 2.63 (Contaminated and Unstable Land); 2.64 (Air, Noise and Light Pollution); 2.74 (Provision for Waste Management Facilities in Development).

4.5 Planning Policy Wales (2012):

4.4.3: Planning policies and proposals should (inter alia) • Promote resource-efficient and climate change resilient settlement patterns, wherever possible avoiding development on greenfield sites • Locate developments so as to minimise the demand for travel, especially by private car • Contribute to the protection and improvement of the environment so as to improve the quality of life and protect local and global ecosystems • Ensure that all communities have sufficient good quality housing – including affordable housing – in safe neighbourhoods • Promote access to employment, shopping, education, health, community facilities and green space • Foster improvements to transport facilities • Foster social inclusion • Promote employment opportunities • Support initiative and innovation 4.2.2: The planning system provides for a presumption in favour of sustainable development. 4.2.4: Where there is no adopted development plan or relevant policies are considered outdated or superseded or there are no relevant policies, there is a presumption in favour of proposals in accordance with the key principles and key policy objectives of sustainable development in the planning system. 4.7.4: 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. 4.9.1: Previously-developed land should be used in preference to greenfield sites wherever possible. 4.11.12: Local Authorities are under a legal obligation to consider the need to prevent and reduce crime and disorder in all decisions that they take. 4.12.2: Development proposals should mitigate the causes of climate change by minimising carbon and other greenhouse gas emissions associated with their design, construction, use and eventual demolition. 4.12.4: sets out the sustainability standards that the Assembly Government expects new buildings to meet. 5.2.8: Local Authorities must address biodiversity issues, insofar as they relate to land use planning, in development control decisions. 5.2.9: Local Planning Authorities should seek to protect trees, groups of trees and areas of woodland where they have natural heritage value or contribute to the character or amenity of a locality. 5.5.1: The effect of a development proposal on the wildlife or landscape of any area can be a material planning consideration. It is important to balance conservation objectives with the wider economic needs of local businesses and communities. 5.5.2: When considering any development proposal, local planning authorities should consider environmental impact. 5.5.4: In applications likely to result in disturbance to a protected species, local planning authorities should seek the advice of CCW. 5.5.11: The presence of a species protected under UK or European legislation is a material consideration. Local planning authorities should advise applicants that they must conform to any species protection provisions and should consult CCW. An ecological survey and assessment of likely impact on a protected species may be required. 5.5.13: Local Authorities have a duty to ensure that adequate provision is made for the planting or preservation of trees by imposing conditions and/or by making tree preservation orders. 8.4.2: Local Authorities should ensure that new developments provide lower levels of parking than have generally been achieved in the past. Minimum parking standards are no longer appropriate. 8.7.1: gives criteria for assessing applications for development with transport implications. 8.7.3: The proposed access to a development should reflect the likely travel patterns involved. 8.7.5: planning conditions and obligations may be used in appropriate circumstances to secure on-site or off-site facilities or improvements in public transport, walking and cycling where such measures would be likely to influence travel patterns to the site. 9.1.1 : The Assembly Government will seek to ensure that previously developed land is used in preference to Greenfield sites; new housing and residential environments are well designed, meet national sustainability standards and make a significant contribution to promoting community regeneration and improving the quality of life, and new housing development in towns, villages and edge of settlement locations is a mix of affordable and market housing that retains and where possible enhances important landscape and wildlife features in the development. 9.1.2: Local authorities should promote sustainable residential environments, avoid large housing areas of monotonous character and make appropriate provision for affordable housing. Local authorities should promote mixed tenure communities, development that is easily accessible by public transport, attractive landscapes around buildings etc. 9.3.1: New housing should be well integrated with and connected to the existing pattern of settlements. 10.2.4: Mixed use developments, for example combining retailing with entertainment, restaurants and housing, should be encouraged so as to promote lively centres as well as to reduce the need to travel to visit a range of facilities.11.1.13 Local authorities should seek to protect and enhance the rights of way network as a recreational and environmental resource. 11.3.2 Local planning authorities may be justified in seeking Section 106 Planning Agreements to contribute to the maintenance of safe and attractive facilities and open space, and to meet the needs of new communities. Such agreements may also need to be used to help ensure that standards of provision set out in development plans are met. 13.2.1: Flood risk is a material planning consideration. 13.4.1 - Development in areas of high flood risk should only be considered if it can be justified in that location and would not result in intensification of existing development which may itself be at risk or would increase the potential adverse impacts of a flood event. 13.4.2: Surface water run-off should be controlled as near to the source as possible by the use of sustainable urban drainage systems. Development should not increase the risk of flooding elsewhere by loss of flood storage or flow route, or increase the problem of surface water run-off. 13.4.3 – It is essential that the Environment Agency’s advice is obtained and given due weight. Planning Authorities must have good reasons for not following the advice of the EA, and these should be reported to the EA before planning permission is granted. Where detailed information in respect of flood risk is not available, local planning authorities should require developers to carry out detailed technical investigations to evaluate the extent of the risk.

4.6 Technical Advice Note 12 - Design (2009): 4.13 Movement and ease of access for all to and from development should be appraised at the strategic and local level, with a view to supporting a shift from car use to walking, cycling and public transport and recognising the need for better connectivity within areas and with the surrounding areas. Consideration should be given to the volume and relative ease of pedestrian movements, including people with mobility or sensory impairments. Similar consideration of volume and ease of movement should be given to cycle, public transport and car movements, while areas of conflict, congestion and connections should be identified throughout the area surrounding the site. 5.7.3 Evidence shows that careful integration of compatible mixed uses can help urban areas become more competitive, viable and sustainable. In design terms, a mix of uses adds diversity to the townscape and the activity generated adds vitality. Good design and construction techniques are essential to ensure that practical issues such as noise abatement and privacy are addressed but also to ensure that mixed uses relate well to one another physically and offer opportunities for visual interest and originality. 5.11.6 Street networks within housing developments should generally be interconnected or 'permeable' to facilitate safe walking and cycling. They should also connect with adjacent street networks and make provision for future connections with subsequent developments. This does not preclude the use of cul de sacs but they should be used with caution to avoid restricting permeability. Routes which increase crime risks, such as isolated routes to the rear of premises or routes which are not easily overlooked should be avoided.

4.7 Technical Advice Note 15 – Development and Flood Risk (July 2004).

4.8 Technical Advice Note 2 – Planning and Affordable Housing (June 2006).

4.9 Technical Advice Note 18 – Transport (April 2007).

4.10 Natural Environment and Rural Communities Act 2006, Section 40: 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. Conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat.

5. INTERNAL CONSULTEE RESPONSES

5.1 Operational Manager Transportation: Transportation would have no objection in principle to the Outline Application for a mixed use development as submitted, subject to conditions, recommendations and S106 matters relating to: site layout, pedestrian and cyclist facilities, highway improvements, pedestrian/cycle bridge, phasing plan, phasing programme, construction management , footway and carriageway survey, bus stop improvements, provision of a bus service, a Travel Plan and off-site footway/cycleway measures.

5.2 A Transport Assessment was submitted in support of the application and has been examined by Officers. In general, it is considered that the proposed development incorporates a number of elements which make a positive contribution to the delivery of national and local planning objectives which seek to support developments which minimise travel demand and car use and maximise opportunities for sustainable travel. However, the Operational Manager Transportation raised a number of issues and concerns regarding the original proposals in November 2012. Since that time, several meetings/workshops have taken place and Technical Notes issued with responses made by Officers relating to a number of these.

5.3 The initial concerns were: • The proposed development will be a significant trip generator and access to the site is heavily constrained by its location. • Severance caused by the presence of the river Ely and the railway lines could potentially restrict travel by non-car modes unless properly addressed. • The trip analysis and junction assessment indicate that the site will be a major trip generator and that the car based trips will exert pressure on a number of junctions already operating at close to capacity, particularly Broad Street/Sanatorium Road Junction and Lansdowne Road Grosvenor/Street Junction. Of particular concern is the effect of traffic movements upon these junctions and negative impacts of these movements upon conditions for pedestrians and cyclists. • The signalised junction arrangement shown as a replacement for the Broad Street roundabout does not appear to include facilities for cyclists and pedestrians, and the proposed configuration appears to impinge upon adjacent footways which would form the main pedestrian route. Modifications would also be needed to the junction of Lansdowne Road and Grosvenor Street to facilitate the safe passage of pedestrians and cyclists. • Improvements would be needed to pedestrian and cycle links (improvements to Cowbridge Road, including the existing underpass below the City Line railway embankment and a revised bridge crossing of the Great Western Main Line, connections across the River Ely to the neighbouring Ely Park area and also along the river to allow the completion of a continuous Ely Trail route though the site, and a high speed bus only link through the site). • The proposed bridge crossing of the Great Western Main Line (which would be provided by Network Rail) would need a lift to be integrated within part of the development and the steps on either side of the railway would have to be designed to incorporate a wheeling ramp for bicycles. A lift based solution housed in an active building would complement the regeneration of the area but must be managed to maximise public access. • Phasing of construction of the development would be necessary to maintain connections for pedestrians and cyclists, including the early completion of the Ely Trail route through the site. • Clarification of the details of the traffic-free link between the Treganna School site and the riverside route is required. • The proposed level of cycle parking should be increased to provide one space per bedroom for flats • Improvements (shelters and real time) to the bus stops on Cowbridge Road will be required. • A robust Travel Plan must be developed and implemented.

5.4 The Operational Manager Transportation questioned the basis of the applicant’s modelling assessment, given that levels of congestion and queuing at the Sanatorium Road/Broad Street/Heol Terrell junction and the Lansdowne Road/Grosvenor Road/Sanatorium Road junction are already known to be severe. The following further modelling work, along with an explanation of the methods used, was requested:

• A range of alternative options should be modelled including options which provide better access for pedestrians and cyclists. Options to relieve pressure at the southern junctions and provide for an alternative access at the north (left in/left out or full signalised junction with signalisation of Ely Bridge Roundabout) need to be considered; • The modelling assessment should seek to establish the cause of the major queuing observed during the am peak time on the northern arm of Lansdowne Road/Grosvenor Road/Sanatorium Road junction and the TA should identify how it can be addressed. • The TA should explain how the traffic signals have been coordinated to take account of the interaction between junctions. • Junctions do not seem to have been properly calibrated in the modelling as queues on Sanatorium Road have been observed to be more severe than described. • The pavements on Sanatorium Road are already too narrow and the proposed signalisation scheme would further reduce pavement width. The traffic islands would not be pedestrian friendly and would result in staggered pedestrian crossings. All red stages should be considered to make conditions for pedestrians easier and reduce the severance effect of additional traffic movements. • The Toucan Crossing on Cowbridge Road West has not been modelled. The impact on traffic is therefore not known. It is also placed near VMS signs which may be problematic. This needs to be addressed. • Figures showing bus turning movement on the u-turn at Ely Bridge Roundabout need to include at least two vehicles side by side. Vehicle tracking should be undertaken to include the vehicle tracking for each of the three lanes on the west approach.

5.5 Following a series of meetings/workshops and the submission by the applicants of revised Technical Notes and a revised Junction Capacity Assessment, the Operational Manager Transportation still had concerns relating to the impact of the development in terms of the following issues:

1. Potential congestion/queuing along the local highway network, because the submitted queue lengths are averages not worst case (the worst case could see a doubling of the reported length); 2. The likely impact on bus services as a direct result of the development, particularly as regards bus journey times; 3. How the development will be able to achieve a 50:50 modal split, because it has not been sufficiently demonstrated how this will be fully realised.

5.6 It was considered that a number of further measures/obligations would be necessary over and above those put forward by the applicant, before this application could be considered acceptable in Transportation terms.

5.7 The latest submission now includes an S-Paramics micro-simulation model, in order to better understand the impacts of providing an all movement northern access junction on to Cowbridge Road West in order to cater for 30% of the dwellings (219 of 730) from the development, resulting in 70% going south.

5.8 The 30% (219) of the development’s dwellings accessing to the north, translates into 39 vehicular trips exiting and 12 entering during the 1hr AM peak; and 14 exiting and 39 entering during the 1hr PM peak; on the presumption that The Mill achieves the Council’s Local Development Plan aspiration of 50% travel by sustainable modes. This equates to a rate of less than 0.25 vehicular trips per household during the AM or PM peak hours. Over an hour, this would equate on average to around 2 vehicles per cycle to/from the development. However, should the 50% sustainable travel not be achieved, then the increased demand from the development should still be able to be catered for within a minimum 7 seconds green time.

5.9 The model has been demonstrated as being reasonably robust for the purpose of testing the northern access, having been calibrated to reflect observed conditions.

5.10 With regard to specific issues relating to cycling, the proposals include a number of improvements for cycling which are to be welcomed including the proposed river bridge access, traffic free link to Treganna School, riverside path, hierarchy of streets and crossing on Cowbridge Road West. The development presents opportunities to complete missing sections of the Ely Trail and enhance cycling access generally in the area. However, a number of issues were raised initially by the Cardiff Council Cycling Liaison Working Group which they asked to be addressed in the application, i.e.: • the use of lifts to provide cycle access across the railway bridge (which is unorthodox and could deter users, may have limited hours of use, may be a security risk and could be prone to vandalism. It is also unclear how maintenance would be funded); • the river bridge should be at least 3.5m wide with sufficiently tall guardrails to allow for cycling and should be provided very early in the construction period to ensure that sustainable travel can be encouraged and embedded from the outset of the development; • The flood defence bund should be low enough to afford good passive surveillance on the riverside cycle route and there should be easy (and where necessary gentle ramped) access between the streets within the development and the path; • The riverside cycle route should have a durable bound surface which is easy to maintain, and the developers should consider the practicality (and security issues) of lighting the riverside route. However, the ambient light from street lighting on adjacent streets within the development may provide sufficient lighting for use of the riverside path at night. • It is essential that the riverside cycle route is provided very early in the construction period to ensure that sustainable travel can be encouraged and embedded from the outset of the development. • There is a missing link at the southern end of the riverside route. This is required to complete the Ely Trail. • Sanatorium Road and Grosvenor Street will become the main cycle and pedestrian routes between the site and the city centre. The city centre will be the main trip attractor from the site, thus these links need to be considered in detail and, where necessary, facilities provided to ensure this link is as attractive as possible to promote active travel for a wide range of journeys. • Consideration should particularly be given to cyclist movements at the roundabout on Broad Street and the junction with Lansdowne Road as junctions can often present significant barriers to cycling (and walking). • Cyclist access should be incorporated as part of the access to the north of the site. The new traffic free links connecting to Cowbridge Road west should also include a connection to the junction so that cyclists can travel either on road or off road to/from the site. • The crossings on Cowbridge Road West need to be clearly signed to indicate the different routes they serve.

5.11 Should the application be approved, Transportation officers advise that the following measures and obligations need to be secured in order to provide for the satisfactory operation of the highway network, to encourage a 50:50 modal split for the development, to encourage and make provision for the use of public transport for residents and visitors and allow for future improvements to the area in the event that unforeseen circumstances arise:

(a) conditions relating to: • Site layout including details of all roads, footways, cycleways, car parking, cycle parking, the riverside route, proposed public transport facilities within the site, the bus-only gate and CCTV control measures and a telecommunications duct; • Pedestrian and cyclist facilities (including an alternative pedestrian/cycle crossing of the Great Western main line, because the existing Network Rail footbridge is completely unsuitable); • Highway improvements – a new traffic signal junction between the site access road and Cowbridge Road West with pedestrian/cycle “Toucan” crossing facilities, a new traffic signal junction at Broad Street/Sanatorium Road/Southern site access junction with suitable pedestrian facilities, additional traffic signal arrangements (Pre- signals) linked to the new Cowbridge Road West/Northern Site Access junction at Western Avenue and Cowbridge Road East, provision of fibre equipment (to enable connection to the Council’s fibre network system) and UTC Comms equipment for the above signals to include extension to Heol y Felin junction from Cowbridge Road East, queue detection systems within the Traffic Signal arrangements, provision of SCOOT Detection and Validation of new operation including re-validation of existing network, CCTV cameras to be installed at appropriate locations in order to monitor traffic conditions between Cowbridge Road West and Sanatorium Road, Provision of ACIS/VIX Bus priority equipment to be installed in all Traffic Signal equipment, Provision of Bus Lane/ Red Light enforcement cameras to be provided at the pre-signal locations on Cowbridge road East and Western Avenue, provision of variable message signs and Q loops on the approaches to the Ely Bridge roundabout, a new shared footway/cycleway on the south side of Sanatorium Road between Treganna School and the site entrance, improvements to the Leckwith Road/Sloper Road/Broad Street junction, provision of Driver Feedback signs on Sanatorium Road, Broad Street, Lansdowne Road and Grosvenor Street, provision of a vehicle safety barrier on Cowbridge Road West. • Details of the proposed new bridge across the River Ely; • A phasing plan for the construction of roads etc.; • A phasing programme identifying commencement dates etc for the items in the phasing plan; • A construction management plan; • A footway and carriageway survey in the vicinity of the site, particularly along Sanatorium Road, to establish the conditions of the footway and carriageway and to ensure that any damage or deterioration which results from development work will be the responsibility of the applicants to rectify. • A Travel Plan.

(b) Section 106 obligations relating to: Bus Stop Improvements - Two existing bus stops on Cowbridge Road East are to be upgraded with bus shelters, bus boarders, real time information units and CCTV cameras. Two existing bus shelters on Broad Street are to be upgraded with real time information units and CCTV cameras. These improvements are to be secured by way of a financial contribution of £100,000 from the applicants. Bus Service - Following discussions with Cardiff Bus, the applicants have agreed to fund re-routing of the existing 12/13 bus services through the site. Accordingly, the applicants shall be obliged to provide a bus service through the site comprising 2 buses per hour in each direction during the period 7am to 7 pm on Monday to Saturday inclusive, and 2 buses per hour in each direction during the period 9 am to 7 pm on Sundays for a minimum period of 4 years following beneficial occupation of the 50th dwelling on the site. Off-site Cycle/Footway Measures – Improvements to off-site cycleways and footways are to be secured by way of a financial contribution of £145,600 from the applicants. These improvements are: Toucan crossing onto northern section of Ely Trail linking to Wroughton Place (£70k); Ely Trail missing link between south western corner of site and Lawrenny Avenue (£20k); Upgrading of existing paths in Lawrenny Avenue (£5k); Provision of footway at mini-roundabout between Lawrenny Avenue and Sanatorium Gardens (£15k) and missing section of route to Treganna School – shared path along Sanatorium Road (£30k).

5.12 Chief Officer Highways and Waste Management (Drainage): The applicant should note that no discharge of surface water from the completed development including access roads / driveways will be permitted to drain to the public highway or any highway drain. Any advice provided by the Environment Agency arising from the submission of the Flood Risk Assessment must be implemented.

5.13 The applicant must confirm that the petrol / oil interceptor which is to be installed as part of the drainage system is of a type approved by the Environment Agency. This installation must be maintained as recommended by the manufacturer or otherwise as necessary.

5.14 I note the remediation works being proposed in order to mitigate the risk of creating contaminant pathways along the sub-surface attenuation system. However, I also note that the applicant intends to use a water-proof membrane around the attenuation cell blocks, suggesting some potential contamination may indeed infiltrate into the system. Therefore, it is strongly advised to adhere strictly to any conditions set out by the Environment Agency, to avoid contaminating the surface water.

5.15 The Land Drainage Authority objected to the original surface water design proposals as the design was not acceptable for adoption purposes. Following the submission of amended surface water drainage details, there are now no objections in principle and the Land Drainage Authority would be content to consider adopting the ‘principal routes’ highway drainage and associated offline attenuation systems. However, prior to the commencement of development, the applicant will be required to:-

• Illustrate through drawings and method statements how the proposed system will be constructed and maintained • agree a process for a commuted sum with the Local Authority in relation to future maintenance • liaise closely with Dwr Cymru and the Local Authority in relation to adoption responsibilities • ensure that strict QA procedures are planned for, in relation to the construction of all surface water systems.

5.16 Chief Officer Culture, Leisure and Parks (Parks Services): The Council’s Supplementary Planning Guidance - Open Space requires provision of a satisfactory level and standard of open space on all new housing developments, or an off-site contribution towards existing open space for smaller scale developments where new on-site provision is not applicable. In the Ely Mill development the on-site open space will be sufficient to satisfy the requirements.

5.17 Parks have been involved in a number of pre-application discussions with Ely Bridge Development Company, so have been closely involved as the design proposals have developed. I welcome many of the design details set out in the Design and Access document.

5.18 Overall Parks are in support of the proposals as the scheme will provide the following benefits :

1. A link from Canton through the site to Trelai Park, which will give much more accessibility to a large and currently underused public open space.

2. The construction of a waterside park, containing a missing section of the Ely Trail cycleway, will provide a valuable and well-used open space in this area, building on that provided by the adjacent park at Sanatorium Road. The new section of cycleway will enhance the existing long distance route. In addition a number of footpaths will link the new development to Trelai Park and other open spaces, and the new school. The open space will also provide a valuable wildlife corridor, along with two areas of woodland currently on site which are likely to be retained. Opening up views onto the river will integrate it into the overall design. A risk assessment, similar to those carried out by Parks on other watercourses, will need to be carried out to minimise risks to public and particularly children using the waterside location. The design of the waterside park will need to be carried out in close consultation with Parks to ensure that it meets the requirements for adoption. In addition it is vital that properties front on to the waterside park, or at least have good visibility over it, to encourage responsible use of the park and discourage anti-social behaviour.

3. The design of the housing areas, with green streets, extensive tree and other planting, along with private gardens, should provide a strong green infrastructure throughout the development, which will greatly enhance the quality of life of people living in the site, for example providing opportunities for informal play within the green streets. It will also enable the development to maintain good links to the waterside park.

5.19 Design of tree planting in relation to properties is crucial in order to avoid problems that have occurred in other developments, where trees have been planted too close to properties leading to problems of shading and the need to prune trees on a regular basis.

5.20 One area of concern regarding the area of land to the south of the mature line of trees is that the flood bund and foul rising main / storm overflow should be located at a sufficient distance from the line of trees to prevent damage to rooting systems. The position of the pumping station and the way it integrates into the design of the open space also needs to be considered.

5.21 Pollution Control (Noise & Air): It is noted that the application makes reference to “possible retail, food and drink……units”. It is not possible to comment specifically upon these possible units without knowing their proposed location and proximity to possibly sensitive receptors. It is suggested that the applicant be advised of the Council’s standard planning conditions for such uses and that such conditions may be applied on a case-by-case basis should substantive applications for such uses at the development site be subsequently received.

5.22 Standard conditions are recommended relating to insulation against road traffic noise and railway noise, railway vibration, hours of operation, delivery times and opening hours of commercial units, plant noise, amplified music, takeaway sales and kitchen extraction.

5.23 With regard to air pollution issues, comments regarding the amended Air Quality Assessment (January 2014) will be reported to the Planning Committee. Noise and Air Pollution Officers considered the original Assessment to be based upon sound principles and noted the predicted negligible impact of the proposed development on the majority of the sensitive receptors modelled in the assessment, in particular the negligible impact with regard to nitrogen dioxide concentrations within the Ely Bridge AQMA. It was also noted that the concentrations of nitrogen dioxide modelled within the AQMA do not reflect measured concentrations in some cases. However, given the restricted access to the development from Cowbridge Road West (as originally proposed) it was considered that the predicted negligible impact was a reasonable assessment.

5.24 The largest modelled increase in nitrogen dioxide concentrations at the chosen receptor sites was at Broad Street. However, it was noted that the predicted “do something” concentration remains comfortably below the annual mean air quality standard for nitrogen dioxide.

5.25 An amended Air Quality Assessment was submitted which also included receptors close to the junction of Lansdowne Road, Sanatorium Road and Grosvenor Street (where the most significant amount of queuing traffic would be expected). The modelled outcome shows no significant concerns with regard to Nitrogen dioxide concentration.

5.26 The proposed development will, however, place an additional burden on Cardiff Council’s statutory obligations in respect of air quality. Additional monies should therefore be sought via a Section 106 agreement to cover the monitoring of air quality at a number of sites before, during and after development. It is anticipated that such monitoring will require funding in the order of £10,000.00.

5.27 Pollution Control (Contaminated Land): There is currently a Remediation Phase planning permission (12/00910/DCO) which has been previously reviewed by Pollution Control and conditions to assess and where necessary undertake remediation to address potential contamination have been imposed.

5.28 In order to address those conditions a detailed Geo Environmental Investigation has been undertaken by Arup (the developers appointed consultant). Pollution Control has reviewed a draft report from the developer’s consultant on the latest investigation and risk assessment of contamination at the site. The results of this assessment have demonstrated that remediation of hotspots will be required as part of the remediation phase of works. Further the site will be overdug to 1-2 m bgl and on completion of verification testing of the replaced soils, a geotextile layer will be placed with a 150 mm covering of certified clean crushed concrete, ready for the development phase.

5.29 In general the development phase, to which this application relates, will see the final element of remediation in the form of a certified clean capping layer (min 600 mm thickness) of all landscaped and garden areas which through the detailed human health risk assessments has been demonstrated as being required in order to protect end users from risks associated with contaminants present in the made ground identified across the site.

5.30 As part of the development works it will be important that all landscaped areas and individual garden plots are appropriately validated and details of the validation included in a final verification report. As such there will be an element of overlap between the conditions of the remediation phase works (12/00910/DCO) and this phase of development works.

5.31 Further, the investigations have identified in some areas there will be a requirement for ground gas protection measures to be installed in buildings, and thus it is appropriate that a condition relating to the installation of gas protection measures is included for this phase of works. Conditions are also recommended relating to importation of soils and aggregates and re-use of site won materials.

5.32 Chief Officer Highways and Waste Management (Waste): Details are provided regarding the waste storage space requirements for houses, and apartments. Requirements for commercial premises will depend on the size of the units. Litter bins will be required along the pedestrian/cycle trail, and where other high levels of footfall can be anticipated, the locations of which should be confirmed at the reserved matters stage. Litter bins will also be required in close proximity to the commercial units, particularly where A3 use is proposed. Where litter bins are located on private land, they must be serviced and maintained privately. When located on public land, the spec and location must be determined by Cardiff Council to ensure consistency with existing bins and accessibility for collections. All litter bins must be provided by the developer and conform to the adopted Litter Bin Strategy. Whilst under construction, the site must be kept clear from litter and waste. Cleansing is to be completed by the developer until site adoption

5.33 A site waste management plan should be implemented as standard across all sites to reduce environmental impacts of construction waste (now considered to be best practice). All road surfacing must have suitable foundations to withstand the weight of a refuse collection vehicle (27 tonnes). Waste management would like to secure funding through S106 for the delivery of bins that will be required as a result of this development.

5.34 Cardiff Harbour Authority: No comments received.

5.35 Chief Officer - Housing, Neighbourhood Renewal and Community Safety (Housing Strategy): Cardiff has a very high identified housing need for affordable housing in this area of the City. Data available from the Council’s current housing waiting list (June 2013) indicates there are 5,200 households waiting for a property in the Canton area. Discussions have been ongoing with the Ely Bridge Development Company and Welsh Government with regard to the proposed affordable properties on this site. The proposed mix of units on the site has been agreed. No Social Housing Grant will be available to deliver the affordable units. The Ely Bridge Development Company has agreed that they will be contracting the managing agent function in perpetuity to a Registered Social Landlord with Welsh Government approved development status in Cardiff. The Council has identified a preferred RSL partner. The Council will use a s106 agreement to secure the affordable housing. The precise terms of the s106 would be drafted by Legal Services.

5.36 Chief Office - Housing, Neighbourhood Renewal and Community Safety (Access Officer): No comments received.

5.37 Operational Manager (Families and Community Care): No comments received.

5.38 Operational Manager, School Organisation Planning: The education Department requests a total contribution from the developer for primary, secondary and sixth form school places of £3,667,023. The grounds for requesting this contribution are as follows:

5.39 The supply of and demand for school places in 2013 has been assessed and pupil projections have been produced for the nearby school catchment areas, namely the secondary school catchment areas of Cantonian High, Fitzalan High, Glyn Derw High and Michaelston College:

5.40 Primary age • In 2006, local primary school capacity at Reception Year exceeded demand by 276 places, allowing sufficient surplus to accommodate the estimated 40 pupil yield per year group from the original proposed housing development of 900 dwellings. • Following a period of unprecedented growth in demand, the Council has expanded schools in the locality, increasing the number of places from 1292 in 2006 to 1351 in 2012, and has secured match funding in principle to increase the number of places available to 1451 by September 2015. • Projections indicate that the demand from existing pupils will exceed the number of primary school places across the aforementioned areas at Reception year by September 2015. • In the absence of a new primary school being provided on site, the local English-medium primary school for the development, namely Lansdowne Primary School, requires a contribution in accordance with Supplementary Planning Guidance. • Investment requirements at Lansdowne Primary of c£2.8m were identified in the Council’s initial 21st Century Schools Band A programme submission to the Welsh Government in 2010 but were omitted in the Band A re-submission in 2011 reflecting the delayed commencement of the programme, the extended timescale of Band A and 50% match funding required. • A financial contribution of £1,311,021, is therefore required to provide additional school places for the estimated yield of 31 pupils per primary age group from the Ely Mill development (based on 700 dwellings) that cannot be accommodated entirely at Lansdowne Primary. It is proposed that the Council meets the additional demand through a combination of changes to catchment areas and by using developer contributions towards adapting Lansdowne Primary School and/or other local primary schools. A contribution is not sought for the provision of additional Welsh- medium primary school places. 5.41 Secondary age and sixth form • In 2006, secondary school capacity at Year 7 exceeded demand by 246 places, allowing sufficient surplus to accommodate the estimated 40 pupil yield per year group from the original proposed housing development. • Although numbers of pupils entering secondary schools have remained at low levels since 2006, the rise in birth rate will impact upon secondary school from 2014 onwards. • The local English-medium secondary school for the development, namely Fitzalan High School, is fully subscribed at entry (Y7). Projections indicate that the demand from existing pupils will exceed the total number of secondary school places at Year 7 (English-medium, Welsh-medium and Faith combined) by September 2021. However, the number of pupils projected to enter English-medium community schools in Year 7, based on existing arrangements, would exceed the number of places available sooner, in September 2019. • A financial contribution of £2,356,003 is therefore required to provide English-medium secondary school places for the estimated yield of 31 pupils per secondary age group and 28 sixth-form pupils from the Ely Mill development (based on 700 dwellings). A contribution is not sought towards providing additional Welsh-medium secondary school places, demand for which would be met by changes to school catchment areas.

5.42 The current request for a financial contribution is compared with the request made at the time of the previous planning application for development of this site (04/02749/W, which was for a development including up to 900 dwellings). Contribution requests were submitted in February 2005 for local primary and secondary schools in the proposed development area, namely Trelai, Milbank and Lansdowne Primary schools and Glyn Derw and Fitzalan Secondary schools. In February 2005, the three primary schools and two secondary schools situated either side of the proposed development had adequate surplus places. The total contribution requested for refurbishment in 2005 was for £2,039,985.

5.43 Since 2006, the Council’s Supplementary Planning Guidance “Developer Contributions for School Facilities” has been approved (March 2007), enabling the Council to seek contributions from developers towards the provision of sufficient and suitable school facilities necessitated by their proposed development. Also, Cardiff experienced a significant uplift in the birth rate from 2005 onwards, and consequently an increase in the numbers of pupils admitted at entry (reception) to primary school has increased from 3240 in September 2006 to 4176 in September 2012 ,an increase of 29%. The numbers of pupils enrolled at Reception year in local areas (including the Fitzalan, Glyn Derw, Michaelston and Cantonian Secondary school catchment areas) increased from 1016 in January 2006 to 1288 in January 2012, an increase of 27%. NHS data supplied to the Council in 2012 (based upon GP registrations) confirms the number of pupils resident within the local area, and allows the Council to project the number of pupils likely to require places at school. This projection exceeds the number of school places available. A number of school organisation proposals have also been approved since 2005 that have significantly affected the supply of places in the local area. Additionally, changes to the methodology used by Local Authorities to measure school capacities have also taken effect (Measuring the Capacity of Schools in Wales National Assembly for Wales Circular No: 09/2006).

5.44 Projections of pupil numbers, produced by the Education Department in 2012, have been provided. These give the figures for supply and demand for places at primary and secondary schools, with and without the additional “Ely Mill” pupils. A breakdown of the contribution requests for the local primary and secondary schools in the proposed development area based on the number and type of dwellings set out in the application, is also given, and it is concluded that the total contribution required for primary, secondary and sixth form school places is £3,667,023.

6. EXTERNAL CONSULTEES RESPONSES

6.1 Welsh Water: Foul and surface water discharges must be drained separately. No surface water shall be allowed to connect to the public sewerage system unless agreed by the local planning authority. No land drainage will be permitted to discharge to the public sewerage system. No development shall commence until the developer has prepared a scheme for the comprehensive and integrated drainage of the site. A grease trap shall be provided to prevent harmful materials entering the public sewerage system. No problems are envisaged with the Waste Water Treatment Works. A domestic water supply shall connect to the 12” CI trunk mains located in Cowbridge Road West. Conditions for development near watermains are given. The developer must contact Welsh Water before development commences on site.

6.2 Natural Resources Wales:

Groundwater and Contaminated Land We have been consulted on the remediation and ground works at the site under planning application reference 12/00910/DCO. We have also reviewed the desk study, site investigation and Contaminated Land Quantitative Risk Assessment (QRA) dated September 2012. We are satisfied with the proposed remediation scheme.

6.3 Pollution prevention We have received a Drainage Strategy from Arup (ref: 12/8624) and acknowledge that the proposed drainage scheme includes the appropriate installation of oil and petrol separators and that foul drainage will discharge via a proposed new foul sewer network which will follow the proposed road network. We advise that Dwr Cymru Welsh Water (DCWW) are consulted on this matter. We note that a Construction Environmental Management Plan will be developed to manage the pollution risks from construction and this will be based on the information in the Environmental Statement.

6.4 Flood Risk and Drainage The application site lies entirely within Zone C1, as defined by the Development Advice Map (DAM) referred to in Technical Advice Note 15. Our Flood Map information confirms the site to be within the 1% (1 in 100 year) and 0.1% (1 in 1000 year) annual probability fluvial flood outlines of the River Ely, which is a designated main river.

6.5 Following detailed discussion with the developer’s flood risk consultant and consideration of the developer’s hydraulic modeling undertaken in support of the Flood Consequences Assessment (FCA), a revised FCA, and an addendum, were required as there were concerns, based on the initial submissions, that the flood mitigation measures for this development would increase the risk of flooding at the industrial estate at Leckwith Bridge and there were also concerns relating to technical modeling details.

6.6 Following consideration of the addendum to the FCA , the advice of NRW, based on this additional information, is as follows:

The FCA (produced by ARUP Rev 2 dated May 2013) is informed by a hydraulic model which has been reviewed by us. We confirm that the modelling is fit for purpose to inform a FCA of this detail. The FCA demonstrated that as a result of the proposed development there would be an increase in flood risk to the Industrial Estate at Leckwith Bridge.

6.7 The addendum has provided further information to quantify the increase in flood risk. It states that there would be an increase in flood depths to two storage sheds. During a 1 in 100 (including an allowance for climate change) flood event the storage sheds could flood to a depth of 90mm. During a pre development scenario these sheds are currently not at risk of flooding during the 1 in 100 (including an allowance for climate change) flood event. In addition the model predicts there to be a 170mm increase in flood depth to the access road into the site and to parts of the industrial estate yards.

6.8 It should also be noted that there is a 350 mm increase within the playing fields south of the proposed development site during a 1 in 100 year (including and allowance for climate change) flood event. However the fields are predicted to flood to a depth of more than 1metre during this event for the pre development scenario.

6.9 We recognise that the modelling indicates that post development there would be a reduction in the extent of flooding to existing development to the north, east and south-east of the site.

6.10 The proposed development site is designed to be flood free for the 1 in 100 year (including an allowance for climate change) and 1 in 1000 year flood events. However, the mitigation measures do not ensure that flood risk elsewhere is not exacerbated. TAN15 clearly states that new development should not increase in flood risk elsewhere; this should be a material planning consideration in your determination of this application. It is important, however, that in coming to a decision your Authority is satisfied that the proposal is justified and that you consider that the consequences are acceptable.

6.11 The FCA has not suggested any potential mitigation measures to alleviate the increase in flood risk downstream. There may be potential mitigation measures; however this would need to be investigated further. Should it be demonstrated that there are mitigation measures which are feasible and are acceptable, to all parties, we would be in a position to remove our objection.

6.12 Notwithstanding the above, should your authority consider that the consequences of flooding are acceptable we advise that the development would only be acceptable if the mitigation measures, as detailed in the Flood Consequences Assessment (produced by Arup Rev 2 dated May 2013), are implemented and secured by way of a planning condition on any planning permission.

6.13 In addition, a commitment to remove the trees in channel between the sluice and Ely Bridge and a management plan to prevent re-growth in perpetuity is required so that the modelling undertaken reflects the channel conditions. This has been agreed with the developer. We are satisfied that the removal of these trees would not have a significant ecological impact and therefore advise that this controlled through a suitably worded condition, should planning permission be granted.

6.14 Our view is that the implementation of works should be phased and completed allowing the benefits to be put in place prior to demolition (and detrimental effects) should the works be carried out to remove the central pier/concrete sill structure from the river.

6.15 Should the above matters be resolved, the following should also be considered:

Surface Water Management Scheme:

We recommend that a condition is imposed to ensure that a scheme to dispose of surface water is submitted to and approved in writing, to prevent flooding elsewhere by effective management of surface water run-off resulting from the development. However we recommend that you also seek advice from the Council’s Land Drainage Department in relation to this. Our advice is that the scheme should ensure that run-off from the development will not exceed runoff rates for this area of the catchment and that details of adoption and management are submitted to ensure that the scheme/systems remains effective for the lifetime of the development.

Other Regulatory Requirements –Main River Consent

The watercourse known as the River Ely is scheduled pursuant to the Water Resources Act 1991 and our Land Drainage Byelaws, as a statutory main river. The developer must obtain the prior formal land drainage consent of the Environment Agency for any works in, under or over the watercourse, or within 7 metres of the base of any floodbank or wall, or where there is no bank or wall within 7 metres of the top of the riverbank.

6.16 We are only too aware that our Natural Resources Wales representations are one of many material planning considerations that the Local Planning Authority will need to consider and give due weighting in their decision. We understand that in their decision the Local Planning Authority will also need to consider the benefits and dis-benefits of development proposals, which also considers the wider community. In accordance with Technical Advice Note 15 Development and Flood Risk (July 2004) the Local Planning Authority should make it clear that in coming to their decision they have accepted the consequences of flooding.

6.17 European Protected Species: Bats and Otters We welcome the information provided about the survey that was undertaken to assess the potential of the trees on site to support bats. The information provided addresses our previous concerns. The additional information also refers to a planting scheme and lighting scheme which will have implications for both otters and bats that use this stretch of the River Ely. We note that the applicant proposes that planting and lighting schemes are dealt with as reserved matters. We strongly recommend that the lighting scheme and planting scheme are addressed through conditions attached to any planning permission granted, and not dealt with as reserved matters.

6.18 Lighting scheme We welcome the information provide in Biodiversity (b) - ‘demonstration that there will be no spill of lighting on the river’. We recommend a condition for lighting during construction is attached to any outline planning permission to ensure that any lighting needed for works outside daylight hours is agreed in writing with your Authority in consultation with us. We recommend a separate condition is attached to any outline planning permission granted, to ensure that light spill onto the river is minimised during operation of the development.

6.19 Excavations It is unlikely that excavations on site will provide difficulties for otter movements, but for those excavations close to the river we recommend a suitable condition.

6.20 Planting scheme The proposed development will be acceptable if a planning condition is included requiring a scheme to be agreed to ensure that the landscape within the site is managed in such as way as to protect and enhance the ecological value of the site, including the adjacent River Ely.

6.21 Impacts on river corridor Regarding the new vegetation planted as part of the development, we recommend that connectivity along the River Ely is maintained and enhanced. There is a clear length of river corridor below the Cowbridge Road West road bridge where there is no riparian planting or enhancement proposed. In addition, a children’s play area is proposed alongside the river which would dissect areas where tree and vegetation planting is proposed. We acknowledge the submitted layout is indicative at this time. Our advice is that the children’s play area is moved away from the river corridor so to protect the integrity of the riparian zone and allow the wildlife corridor to function fully. A suitable condition is requested.

6.22 Invasive plant species The proposed development will be acceptable if a planning condition is imposed requiring a method statement to be agreed to put appropriate control measures in place regarding the invasive species Japanese knotweed and Himalayan balsam present on site. The Severn River basin management plan also requires the restoration and enhancement of water bodies to prevent deterioration and promote recovery of water bodies. Without this condition, the ecological impact of Japanese knotweed and Himalayan balsam could lead to deterioration of a quality element to a lower status in the River Ely.

6.23 Environmental Management Plan We are aware that an Environmental Management Plan will be prepared before the commencement of works and monitored during site operations. We advise that this is secured by way of planning condition, if permission is granted.

6.24 Land affected by contamination There is potential for the strip of land comprising the proposed Riverside Park to be contaminated, therefore we recommend a suitable planning condition.

6.25 Pollution Prevention If any pollution issues arise we request works to be stopped immediately and Natural Resources Wales to be notified via our incident hotline.

6.26 Glamorgan Gwent Archaeological Trust: There is a possibility that Bronze Age and Roman features are located in the proposed development area. The ES considered the later medieval, post-medieval and modern uses of the area in great detail and this has shown that the modern uses of the site have obliterated any traces of the previous agricultural regime of the area, whilst the demolition of the recent buildings on the site had removed any information on their historical use. Consequently, the impact of any development in the application area on the archaeological resource will be in respect of Bronze Age and Roman features. However, the movement of the river and the modern uses of the area are likely to have destroyed any buried structural features relating to these periods. It does remain possible that votive offerings laid in former river channels could survive on the site; however the size of the site, and the scarcity of such artefacts make any reasonably resourced predevelopment archaeological investigation of the area unlikely to locate them. It is likely that the recovery of such artefacts will be made as chance finds during the construction work. Consequently there will be a need for archaeologists to conduct a watching brief during the groundworks required for the development and contingency arrangements will also need to be in place in case detailed investigation of find spots is required.

6.27 It is our opinion that the impact of the development on the archaeological resource is insufficient for the current application to be refused on archaeological grounds. However, as it is possible that archaeological artefacts could be revealed during the development, we recommend that a condition requiring the applicant to submit and implement a programme of archaeological investigation ensuring that appropriate provision is made to ensure that any artefacts located during the construction works are properly recorded and investigated is attached to any planning consent granted.

6.28 Police Crime Prevention Design Advisor: No comments received.

6.29 Cardiff Bus: No comments received.

6.30 Wales and West Utilities: No comments received.

6.31 Health and Safety Executive: No objections.

6.32 Cadw: The proposed development is located in the vicinity of the scheduled ancient monument known as Ely Roman Villa, located c. 450m west of the west edge of the proposed development area. The application has the potential to affect the monument in two ways – either a direct, physical impact on the site itself, or an impact on the setting of the site. 6.33 Physical impact From the information given, it appears that no works will take place within the scheduled area. There should be no physical impact on the monument

6.34 Setting Large-scale development adjacent to scheduled monuments can often affect their setting. In this case the issue would be primarily that of visual impact on the setting of the monument. However, in this instance, the monument already has a ‘developed’ setting with adjacent dwellings to the north, schools to the west and allotments to the east. The proposed development would be situated beyond the allotment area. This was originally occupied by a large works, which has been subsequently demolished. The proposed development would be viewed against a pre-existing urban scene and given the distance between the monument and the proposed development it is Cadw’s opinion that the proposed development in this application will not have a significant adverse impact on the setting of the scheduled monument.

6.35 Network Rail: Network Rail objects to the application in its current form, the primary concern is the proposal for improvements to the footbridge and underbridge. This is not accepted by Network Rail at this stage and acceptance should be by way of negotiations with Network Rail’s Property and Liabilities Departments. The footbridge is owned by Network Rail with a public right of way over the surface, the underbridge is an occupation bridge with no public right of way through. This is currently blocked off to prevent inadvertent public use. Network Rail is likely to withdraw any objection if an acceptable solution can be found on the issues outlined above between the applicant and Network Rail.

6.36 Notwithstanding the above, comments and requirements for the safe operation of the railway and the protection of Network Rail's adjoining land are given. These comprise standard requirements relating to details of excavations in the vicinity of Network Rail’s property, the siting of buildings at least 2m from the boundary fence, foundations, plant and scaffolding etc, drainage, fencing, landscaping, ground disturbance, lighting, vehicle incursion barriers and access points.

7. REPRESENTATIONS

7.1 The application has been advertised by press notice, site notice and neighbour notification. 6 representations have been received, raising the following concerns and objections:

1. There will be an increase in traffic on Sanatorium Road, at the Broad Street/Sanatorium Road junction and the road between the roundabout and Lansdowne Road, and at the Cowbridge Road roundabout. The traffic on Sanatorium Road caused by the new school already causes parking and access problems for existing businesses and the proposed development will worsen the situation and could be a danger to children. 2. Loss of privacy. Houses that were not previously overlooked can now be seen as trees have been removed for this development. 3. Increased pollution. Existing trees and plants between houses and the road absorb a significant amount of the traffic fumes from Cowbridge Road and removing these will expose residents to a higher level of fumes both from Cowbridge Road but also from the new development. 4. Loss of wildlife. 5. Flooding. Flood defences for the new development could put existing homes at additional risk from flooding. 6. Noise. Existing residents will suffer from increased noise due to development works and the loss of trees that currently absorb road and railway noise. 7. Loss of property value. 8. Development should be prohibited within 100m of the Calor gas storage site at Station Terrace, Ely Bridge. HSE should be consulted. 9. Dust from the site has already caused nuisance to properties on Cowbridge Road East. 10. Stones have been thrown from the site over the railway lines onto vehicles at a business on Cowbridge Road East.

7.2 In response to these objections:

1. The issues of traffic management are considered in detail below; 2. and 3. The trees were not protected and could have been removed at any time. Tree removal is required initially to accommodate flood defence work but a large number of trees will be re-planted to form the riverside park and as part of the wider landscaping works within the site. The removal of trees will not result in close overlooking of any property –their loss is an issue of screening rather than privacy. The issue of air quality is covered in the Environmental Statement accompanying the application. 4. Natural Resources Wales do not object on the grounds of any adverse impact on wildlife. The riverside park will create improved wildlife habitat in the long term. 5. Flood defences for the development will reduce the risk of flooding for existing homes in the area. 6. Noise from development works will be temporary and is controlled by Environmental Health legislation. The trees that absorb existing noise are not protected and could be removed at any time – they cannot be expected to provide a permanent noise barrier for residents. 7. The effect of development on property values is not a material planning consideration. 8. The Health and Safety Executive were consulted on the application and have raised no objections. 9. Dust will have arisen as a result of the remediation works that have now been completed. 10. Development of the currently vacant site will make it less likely that such activities will be carried out in the future as the site will be occupied.

7.3 Councillor Richard Cook , on behalf of the Canton Councillors, has made the following comments:

While we appreciate the need for houses and jobs on this brownfield site we have serious concerns about the transportation aspects of the proposal:

(1) It is proposed that all of the traffic, apart from buses, uses the southern exit from the site. This will have a negative effect on traffic volume and congestion at the junctions of Sanatorium Rd/Broad St, Grosvenor St/Lansdowne Rd/Sanatorium Rd and Broad St/Leckwith Rd. We want some traffic from the development to exit northwards onto Cowbridge Road West. In any case changes will need to be made to these junctions, to include possibly, traffic lights, more pedestrian crossings and extra traffic lanes. It is imperative that these infrastructure changes to the Highway network are made before any dwellings on the development are occupied. (2) Changes to the railway bridges to allow easier cycle and disabled access should be made before any dwelling is occupied. (3) Consideration should be given as to how funding for a railway halt could be secured, so that a halt could be built by the time the estate is fully occupied. (4) There should be no encroachment of building, or any other form of development, on the southern boundary of the site beyond the current line of mature trees. On the application documents, land south of the current line of trees is shown as part of the site. Although no development is proposed currently beyond the trees in this application, we would like a condition inserted prohibiting any development on this land. It provides a green buffer to the new Ysgol Treganna school and is used as leisure land by Canton residents and for playing of sports. A photograph of this piece of land titled ‘existing mature tree line’ is shown on page 19 of the ‘Design and access statement’.

7.4 In response to these comments:

(1) Traffic issues, are discussed in detail in the analysis section of this report. The plans have been amended to include a northern access. (2) Changes to the railway bridge are dependent on the cooperation of the bridge’s owner (Network rail) who will be replacing the bridge as part of wider railway improvements before 2017 (which is anticipated to be the completion date for the housing development). The developer is offering a contribution of £100,000 towards improving pedestrian/cycle access over the railway. (3) Network Rail does not propose to provide a railway station and it has not been shown that funding would be available from any other source. (4) The only development proposed on this land is a pumping station and underwater storage tank for the drainage system. The area is required to be kept free of development in order for the flood defences to operate. It is not considered necessary or reasonable to impose a condition preventing development in this area.

8. ANALYSIS

8.1 The application is for outline planning permission with all matters other than access reserved for future consideration. Access, for the purposes of a planning application, is defined as “the accessibility to and within the site for vehicles, cycles and pedestrians in terms of the positioning and treatment of access and circulation routes and how these fit into the surrounding access network”.

8.2 The issues to be considered at this stage are therefore those which do not constitute reserved matters, i.e. which do not relate to layout, scale, appearance and landscaping.

8.3 The principle of residential mixed use development on this site has already been established by a former resolution to grant planning permission (ref 04/02749/W). The site is also allocated in the Deposit UDP for mixed use development, which is a material consideration. The application therefore raises no land use policy concerns. The site has been identified as a candidate site for housing in the Local Development Plan that is currently in preparation. However, this plan has no status at this time and the identification of the site as a sustainable location for housing has no weight in the determination of this application.

8.4 It is recognised that there is currently a housing land supply in Cardiff below the 5 year requirement, and guidance set out in Planning Policy Wales Technical Advice Note 1 states that the need to increase supply should be given considerable weight when dealing with planning applications, providing that the development would otherwise comply with national policies.

8.5 The applicants have submitted the following arguments in favour of the development: • The proposals will help to address the need for housing, particularly affordable housing; • The site is in a sustainable urban location • The development includes an investment of more than £100m in the site; • There will be £260m of additional economic impact; • More than 2,000 jobs will be provided (1,200 related to construction activity); • There will be benefits for the adjacent deprived communities and improved labour market conditions for existing and new businesses in the wider area; • Additional benefits will include the riverside park and completion of the Ely Trail, high quality open space, rigorous environmental management, improved links to public transport services, improved pedestrian and cycle accessibility and decontamination of a large vacant site.

8.6 The main issues relating to the proposal are considered to be: Accessibility by non-car modes; Traffic impacts; Flood risk; Affordable housing provision; Drainage factors; Biodiversity issues; Section 106 requirements and viability.

8.7 Accessibility by non-car modes Relevant national and local planning policies seek to support developments which minimise travel demand and car use and maximise opportunities for sustainable travel. The proposed development incorporates a number of elements which make a positive contribution to the delivery of these planning objectives.

8.8 The trip analysis and junction assessment indicate that the site will be a major trip generator and that the car based trips will exert pressure on a number of junctions are already operating at close to capacity. This underlines the need for measures to make alternatives to the car as attractive as possible. The proposed development is in a location which has the opportunity to achieve a good modal split, However, the constraints of the location of the railway lines and the River Ely create some degree of severance at present which could restrict travel by non motorised modes.

8.9 Of particular concern is the effect of traffic movements upon the Broad Street/Sanatorium Road and Lansdowne Road Grosvenor/Street Junctions and negative impacts of these movements upon conditions for pedestrians and cyclists. The Transport Assessment shows a signalised junction arrangement to replace the existing Broad Street roundabout, which will have facilities for cyclists and pedestrians. Modifications will also be carried out to the junction of Lansdowne Road and Grosvenor Street. The proposed new northern access will include a signalised junction and controlled crossings with traffic islands.

8.10 The following improvements to pedestrian and cycle links, which are proposed as part of the development, will help to address this severance and serve to encourage trips by sustainable modes:

• Improvements to Cowbridge Road, including the existing underpass below the City Line railway embankment and a revised bridge crossing of the Great Western Main Line. • The proposed connections across the River Ely to the neighbouring Trelai Park area and also along the river to allow the completion of a continuous Ely Trail route though the site. (Securing a continuous route cycle/pedestrian route from Cardiff Bay to the National History Museum in St. Fagans is prioritised in Project AR2 of the appendices document which accompanies the River Ely Valley Action Plan). • High speed bus only link through the site

8.11 The proposed bridge crossing of the Great Western Main Line would be provided by a third party, Network Rail. At present, Network Rail objects to the application, the primary concern being the proposal for improvements to the footbridge. The footbridge is owned by Network Rail with a public right of way over the surface. However, as Network Rail are obliged to replace this bridge by 2017 as part of a scheme to upgrade the railway line, a suitable bridge will be in place before the completion of the housing development. A condition can be imposed to require approval of the details of the bridge crossing.

8.12 The proposals include a number of improvements for cycling which are to be welcomed, including a river bridge access, traffic free link to Treganna School, riverside path, hierarchy of streets and Toucan crossing of Cowbridge Road West. The proposed new northern access also incorporates the route of the Ely Cycle trail. Pre-application discussions between the applicants and cycling stakeholders have enabled a number of key requirements in relation to cycling to be incorporated into the development. There would, however, need to be phasing of construction work in order to provide for connections for pedestrians and cyclists so that links would be usable as soon as the site is first occupied.

8.13 Additional improvements will also be required to public transport, to encourage its use by residents. To this end, a contribution towards transport improvements in the area and an obligation to provide a bus service through the site will be required via a S106 agreement. A Travel Plan will also be required, to encourage the use of sustainable modes of transport.

8.14 Traffic impacts The proposed development will be a significant trip generator and access to the site is heavily constrained by its location. A Transport Assessment was submitted initially in support of the application, which concluded that the impact of traffic movements generated by the development is manageable through the signalisation of the junction as proposed. However, based on observed levels of congestion and queuing at this junction and the Lansdowne Road/Grosvenor Road/Sanatorium Road junction, the basis of the modelling assessment was questioned by Officers. Additional Technical Notes and a revised Junction Capacity Assessment were subsequently submitted as amendments to the Transport Assessment.

8.15 The amendments to the original Transport Assessment were:

(1) Account taken of the increased pedestrian demand at the junctions due to the new school. The signalised analysis was altered to include a pedestrian crossing every cycle; (2) “With Development” and “Without Development” scenarios for the junctions were compared. The predicted 2017 results for “Without Mill Development” show capacity for AM peak demand at Lansdowne Rd but Broad Street junction unable to cope, with the resulting queue interfering with the operation of the Lansdowne Rd signalised junction. In the PM peak, the Broad Street roundabout has sufficient capacity but 3 of the 4 arms of the Lansdowne Rd junction are over capacity, with queues of 75 cars on the Sanatorium Road approach. The predicted 2017 results for “With Mill Development” (with the roundabout changed to a signalised junction) show AM peak results for Lansdowne Road are slightly worse than “without development” but both junctions operating below capacity for both AM and PM peaks, with traffic queues that can be accommodated within the available road space. (3) A “With Development” scenario was also produced with one third of the traffic removed from Broad Street/Sanatorium Road, as it was considered that currently this route is used as a “rat run” to avoid Leckwith Road, and with the development in place this would become a less attractive option. This scenario shows both junctions operating within capacity but with the northbound queue on Sanatorium Road slightly worse. (4) A further scenario was also tested, whereby some general access (167 housing units) is allowed from the northern portion of the site to Cowbridge Road West. The results for the potential Cowbridge Road junction showed that the surrounding junctions remain within capacity but significant queuing problems would result, with the Cowbridge Road traffic blocking back through the Ely roundabout at both AM and PM peaks. The increased queuing and congestion would also be likely to worsen emissions within the Ely Bridge Air Quality Management area. This scenario also worsens the performance of the Broad Street/Sanatorium Rd and Lansdowne Rd/Sanatorium Road junctions. This could be avoided by opening a complete through route but the implications of this would be increased demand and rat-running via Broad Street. (5) The proposed layout of mitigation works at Sanatorium Rd/Broad St was updated to include advanced stop lanes for cyclists. (6) Clarification was given that cycle parking for apartments will be provided at a rate of one space per bedroom along with a number of visitor spaces, car parking provision will be in line with the Council’s adopted standards as set out in the “Access, Circulation and Parking Standards” SPG and 12m buses will be able to move safely around the Ely Bridge roundabout.

8.16 Alternative traffic management strategies and bus priority measures were also assessed by the applicant. These are:

(a) Full movement junction on Cowbridge Road West; (b) Bus priority measures on Broad Street; (c) Ely Spur road; (d) Southern direct access to A4232; (e) Southern access via Lawrenny Avenue; (f) Western access to Cowbridge Rd West through Caerau; (g) 4 arm junction at Ely Bridge roundabout; (h) Left-in Left-out vehicular access on Cowbridge Rd West; (i) Closure of Broad Street access via Leckwith Rd; (j) Access restrictions on Broad Street. The only strategy that they concluded would have positive impacts would be “bus priority measures on Broad Street”.

8.17 The current Cardiff Bus service 12/13 (Tremorfa to Drope) has been identified for diversion through the Mill development. The route currently travels via Ninian Park Rd, Broad St and Lansdowne Rd but would be diverted via Sanatorium Rd through the Mill to connect to Cowbridge R West. The rerouting of the service is forecast by the applicant to result in a journey time saving when compared to the existing situation. Bus priority measures would improve bus journey time reliability. This could be achieved via equipment which gives priority to public transport vehicles at the Sanatorium Rd/Broad Street signalised junction and by use of a bus lane on the approach to the junction (which would result in the loss of 3 areas of residents’ parking which accommodates around 14 vehicles).

8.18 Transportation Officers concluded, following analysis of this additional information, that there were still concerns relating to the impact of the development in terms of potential congestion/queuing along the local highway network, the likely impact on bus journey times as a direct result of the development and questions of precisely how the development will achieve a 50:50 modal split. As a result of these concerns, the applicants have submitted amended proposals showing how the new northern access (formerly proposed to be used by buses only) could serve as an “all movement” junction which would allow around 30% of the dwellings to access/egress the site via this route

8.19 Transportation Officers have assessed the amended proposals, which include “Paramics” modelling, and now have no objections to the proposals, subject to conditions. The modelling shows that there will be increased queuing in the area during peak hours; however, these roads are already evident as areas of congestion and the increased queuing is considered to be within acceptable limits. It is inevitable that any new development will result in increased traffic, particularly at peak times, and it would be unreasonable to refuse the application on these grounds since the Transportation Officer raises no objections.

8.20 Flood Risk The application is accompanied by a Flood Consequences Assessment which concludes that there are no residual risks of flooding to the development. An addendum to the FCA was required as there were concerns that the flood mitigation measures would increase the risk of flooding downstream, at the industrial estate at Leckwith Bridge, and there were also concerns relating to technical modeling details. The amended FCA demonstrates that as a result of the proposed development there will be an increase in flood risk to the Industrial Estate at Leckwith Bridge (an increase in flood depths to two storage sheds and an access road). However, the modelling indicates that post development there would be a reduction in the extent of flooding to existing residential development to the north, east and south-east of the application site (e.g. the model predicts that, for the most extreme events, 472 houses would be removed from risk). Natural Resources Wales (formerly the Environment Agency Wales) objects to the development only on the grounds of the increased downstream flooding, and does so because Planning Policy Wales Technical Advice Note 15 clearly states that new development should not increase flood risk elsewhere. The decision as to whether the consequences of the increased downstream flooding would be acceptable in this instance is to be made by Members. It should be noted that the adversely affected area is outside the boundaries of Cardiff, in the Vale of Glamorgan, and that the Vale of Glamorgan Council has been consulted with regard to the amended Flood Consequences Assessment which shows the area at increased risk of flooding, and that no reply has been received from that Authority.

8.21 If Members determine that the consequences of flooding are acceptable in this case, a condition will need to be imposed on the planning permission to ensure that the development incorporates the mitigation measures, as detailed in the revised Flood Consequences Assessment, including the removal of the concrete sluice structure from the river channel. A phasing programme for the implementation of these works will be needed in order to ensure that the risk of flooding is at no time is increased during the construction phase. In addition, a commitment to remove the trees in the river channel between the sluice and Ely Bridge and a management plan to prevent re-growth in perpetuity is required so that the modelling undertaken reflects the channel conditions. This has been agreed between NRW and the developer. NRW are satisfied that the removal of these trees will not have a significant ecological impact.

8.22 Affordable housing provision There is a very high identified need for affordable housing in this area of the City. The Council’s Affordable Housing Delivery Statement (2010) states that “tackling the shortage of affordable housing is a significant challenge in Cardiff” and sets a target of 40% affordable housing for all new residential development where there is evidence of need. The proposed Ely Mill development will provide 57% of the residential units on the site as affordable housing, built to Welsh Government Design Quality Standard and /or Welsh Housing Quality Standard. This development is being promoted as an example of an innovative method of providing affordable housing via a not-for- profit organisation and represents a unique opportunity to secure a large number of affordable dwellings on previously-developed land in a sustainable location.

8.23 Drainage factors The Council’s drainage engineer has indicated that the revised surface water drainage design proposals are acceptable and that the ‘principal routes’ highway drainage and associated offline attenuation systems will be adoptable. However, further details relating to construction and maintenance will be required via a planning condition, and a commuted sum will be required for the future maintenance of the system. Following approval of the development, consultation would continue during the detailed design stage, to resolve any issues prior to finalisation and submission for adoption. The matters of adoption of the drainage system and calculating a possible commuted sum for future maintenance are not planning considerations. The role of the Local Planning Authority is to consider whether or not it is possible to provide adequate drainage for a proposed development and to ensure that development is not brought into use until adequate measures have been implemented.

8.24 Biodiversity issues The Environmental Impact Assessment carried out for this development included surveys existing habitats, invasive plant species, breeding birds, otters, water voles, bats and reptiles. The assessment concludes that the development will result in the loss of existing habitats within the remaining areas of the site which have not been affected by the remediation works (areas of woodland along the river bank and trees adjacent to the railway line on the northeast boundary). However, the creation of the Riverside Park, which will include areas of woodland, tree and shrub planting and wetland habitats, means that the overall impact on the River Ely Site of Importance for Nature Conservation and the river corridor habitats will be negligible. Natural Resources Wales have raised no objections to the development on the grounds of harm to biodiversity, provided conditions are imposed on the planning consent to ensure that bats and otters are not disturbed by light spill onto the river, excavations carried out close to the river will not affect otter movement, any new vegetation planted as part of the development maintains and enhances ecological value and connectivity along the River Ely, invasive plant species are controlled and an Environmental Management Plan is prepared before the commencement of works and monitored during site operations.

8.25 A number of trees will be removed from other parts of the site periphery, including some which currently provide a level of screening and amenity value and are included within a Tree Preservation Order. However, it is considered that the loss of these trees will be mitigated by the significant tree planting that is proposed to be included within the development, details of which will be determined at the Reserved Matters stage when landscaping proposals will be required to be approved.

8.26 On balance, it is considered that the removal of the existing riverside vegetation (which is necessary in order to provide flood mitigation) is acceptable given that it will be replaced by a new riverside park which will be managed to enhance the ecological value of the river corridor and that any significant disturbance to protected species can be avoided via the imposition of appropriate conditions on the planning approval.

8.27 Section 106 requirements and viability A number of requests have been made by consultees for financial contributions which are stated as being necessary to make the development acceptable. Details are given in section 5 of this report. The following contributions have been offered by the applicant, which would be secured through the completion of a Section 106 Agreement:

(i) Education: £2,000,000 for primary, secondary and sixth form school places. (ii) Transportation: £300,000 for footpath, cycle way and associated landscaping (Ely Trail); £50,000 for a foot/cycle bridge over the River Ely; £100,000 towards improved pedestrian/cycle access over the railway; provision of a bus service through the site; £5,000,000 for the provision of the all movement junction with associated pedestrian and cycle improvements including access/egress to part of the development from Ely Bridge and through route for buses, and other transport measures on and in the vicinity of the site. Associated improvements will include measures to enable efficient through movement of buses at Ely Bridge Roundabout and other transportation improvements in the vicinity of Ely Bridge. The work will include the construction of a viaduct on which access to the site will be provided. It should be noted that there is at present some doubt regarding the cost of providing the pedestrian/cycle bridge over the River Ely; however, any additional cost above the £50,000 offered could be taken from the monies left over from the construction of the northern access as it will be allocated for “transport measures”. (iii) Community Facilities: An undertaking to provide a multi-purpose, community building (at a cost of approximately £500,000) of a minimum 500m² available for use by residents and the general public, along with a management plan detailing who will manage the facility, maintenance arrangements and how the facility will be financially operated, construction of the community facility to be completed prior to the beneficial occupation of 500th dwelling. (The western side of Canton is not well provided for in terms of community facilities. The development has few facilities nearby and as there will be a significant growth in population, there is a requirement for on-site community facilities provision). (iv) Drainage: An undertaking to carry out maintenance of the Sustainable Drainage System. (v) Affordable housing: An agreement to secure the affordable housing on site as agreed with the Housing Strategy Team.

8.28 This does not cover the full amount of contributions requested by various service areas. However, this is considered acceptable for the following reasons:

8.29 The £100,000 for bus stop improvements and £145,600 for improvements to off-site cycle ways and footways are not considered necessary or reasonable: the £5m “northern access budget” includes a large provision for bus priority measures and the Broad Street bus stops that would have been improved serve the same route as the bus stops that will be provided on the site. The need for a cycle link between the Ely Trail and Wroughton Place is addressed by the all movement traffic controlled junction which forms the Northern access to the site and includes provision for cycle and pedestrian crossing over Cowbridge Road West at Ely Bridge. The requested bus stop and off-site cycleway/footway improvements cannot be justified on the grounds of being necessary to make the development acceptable in planning terms and do not take priority over other requirements such as education, the Ely Trail and community facilities. The applicant states that these measures cannot be afforded in addition to other measures, particularly given that the education contribution is £2m and £5m is set aside for the northern access. The £5m has also been agreed on the basis that any monies left over from the carrying out of those works will be spent on highways and transportation measures in the vicinity of the site, therefore if additional off-site cycle way/footway and bus stop improvements are required then this can be secured from the balance of the budget for the northern access works if deemed necessary. The air quality monitoring contribution requested by Pollution Control officers dates from the original version of the application: pollution control officers’ comments and any revised request for a contribution based on the amended proposals, along with the applicant’s response to such a request, will be reported to the Planning Committee. However, the amount requested (£10,000) may be considered negligible in the context of the overall contributions made by the developer and the failure to provide this amount would not justify refusal of the application.

8.30 Although £2M is offered for education rather than the £3M requested, the applicants have provided a summary of two viability appraisals for the scheme, which they commissioned, which support their contention that the development cannot support any more S106 contributions than have been offered. The Council’s Valuer has reviewed the applicant’s viability appraisals and concluded that, with what he considers to be discrepancies corrected, there could be potential for cost savings of around £8.5M to £11M or thereabouts, which could increase the scope for S106 contributions in addition to those already proposed by the applicants. However, the extent of such potential would require further exploration of the development potential and costs. The applicants have responded by providing their cost plan identifying the costs and fees being applied to the project and state, with regard to the suggestion that their build costs may come down generating greater value in the project following construction, that the costs allowed for in their cost plan are robust and have been measured and ratified by their Cost Consultant . No further challenge has been offered to the assumptions made in their development appraisal.

8.31 The applicants point out that the development will provide a number of benefits and that since the viability assessment was considered the costs of providing the access to Ely Bridge have increased.

8.32 In the light of this, Members must decide a) whether they consider that there is potential for an increase in S106 contributions and that such an increase should be sought; b) whether the development should be refused planning permission if the developer does not agree to a financial contribution covering the full amount requested by consultees; c) Whether a reduced contribution, in line with the amount set aside by the developer, would be acceptable and if so, what the contribution should be allocated for.

8.33 In considering whether to accept the conclusions of the applicant’s viability appraisal, Members should take into account the fact that there are a number of methods that can be used to assess the viability of a development, which can come to conflicting conclusions. The applicant’s viability appraisal in this case is based on a relatively pessimistic scenario but it is not necessarily an invalid approach.

8.34 If the applicants’ contention that no further money is available for S106 contributions is accepted, Members must determine whether or not the application ought to be refused. In making this determination, the following factors should be considered:

8.35 Welsh Office Circular 13/97 states that Planning Obligations must be: (i) necessary; (ii) relevant to planning; (iii) directly related to the proposed development; (iv) fairly and reasonably related in scale and kind to the proposed development; (v) reasonable in all other respects.

The Circular also states that: Planning obligations have a positive role to play in the planning system. Used properly, they can remedy genuine planning problems and enhance the quality of development. They can provide a means of reconciling the aims and interests of developers with the need to safeguard the local environment or to meet the costs imposed as a result of development e.g. the full cost of essential community facilities required as a direct result of proposed development, So, for example, where development will create a need for extra facilities…it may be reasonable for developers to meet or contribute towards the cost of providing such facilities. But local planning authorities should only seek to negotiate with developers to provide these facilities through planning obligations if it would be wrong on land-use planning grounds to grant permission without them. What this means in practice will depend on the circumstances of each case. (emphasis added).

8.36 The Council’s Affordable Housing Delivery Statement 2010 indicates that there are circumstances in which reduced S106 contributions could be accepted in order to secure the delivery of affordable housing. Paragraph 2.8 states that: “The delivery of affordable housing is a high strategic priority for Cardiff Council. Where other planning obligations are offered or sought by the Council, affordable housing requirements will normally still apply in full. Nevertheless, other S106 obligations will be negotiated by other internal departments and/or Development Control and prioritisation of any contributions will be decided by Planning Committee. (Emphasis added).

8.37 The Affordable Housing Delivery Statement 2010 (paragraph 4.22 ) in considering arguments relating to the viability of affordable housing schemes also states that “The Planning Inspectorate’s (PINS) view is that it is not reasonable for local authorities to ignore economic realities and simply stick to a policy requirement that was drafted and approved in different times. This reflects the general principle that planning decisions should take into account all material considerations existing at the time of the decision.” The Statement also indicates that local planning authorities “should be flexible in the way they treat developer/landowner requests for a ‘review’ of scheme viability. There may be situations where it will be appropriate for an authority to refuse to agree to a reduction in obligations, but it should clearly spell out the reasons for this. If the only schemes to be considered for reduced obligations are those which contribute to the strategic needs of the area (e.g. to its housing and/or economic regeneration) then this needs to be explained and their definition set out.”

8.38 Planning Inspectors in other cases have taken the view that requests for financial contributions towards education provision are unreasonable, e.g. in an appeal involving a large housing development (400 units and a 46 unit extra care housing scheme) in Berkshire it was decided that the inability to fund financial contributions towards education and affordable housing was outweighed by the substantial environmental improvements that would result from the development, which would enable a heavily contaminated site to be brought back into beneficial use. The Council had requested a financial contribution of £4.5M but the developer alleged that any sum above £2.1M would make the scheme unviable. The SoS concluded that the failure of the scheme to make a full financial contribution towards off-site works and services would normally justify refusing permission; however, the appellants would have to spend £28m on removing the contamination. This would be of significant public benefit that outweighed the failure to meet the council's educational and affordable housing targets.

8.39 In another case In relation to a housing scheme, an Inspector took the view that a financial levy towards education provision would be an unacceptable imposition. Other statutory powers provided a proper vehicle to collect such levies (Bradford,1998).

8.40 The Council’s own SPG on Developer Contributions for School Facilities (2007) states that “If a new school or a significant extension to an existing school is required, the Council will have regard to local site circumstances, i.e. the site and location must be suitable. If a residential development is sufficiently large to create the need for a new school this should be located within the site. In some cases, there may also be a need to fund necessary land acquisition. On the basis outlined above, the contribution sought from a developer may meet the cost of the necessary improvements in full or in part. In all negotiations, the specific circumstances of the proposed development will be considered. The determination of planning applications and, therefore, of the need for a S106 agreement is a matter for the Council’s Planning Committee.

8.41 Cardiff Council has a statutory duty, as local education authority, to ensure that sufficient number and variety of school places at primary and secondary level are available to meet the needs of the population of the county. Traditionally, the primary role of the planning system in securing provision for schools, has been through the allocation and safeguarding of land for such purposes. Thereafter, the Council, as local education authority, would fund purchase of the land and construction of necessary facilities. However, Section 106 of the Town and Country Planning Act 1990 (as amended) enables local planning authorities to seek to negotiate planning obligations with developers, including (full) contributions towards the cost of meeting the infrastructure necessary to support their development. As local education authority, the Council has access to limited funding to improve local school provision and has many demands on these resources. Section 106 agreements can assist in meeting the educational costs associated with new housing development. Failure to make necessary provision to address the implications of development, including the cost of necessary improvements in infrastructure, may be a valid reason to refuse planning permission.

8.42 However, Members must decide whether it would be reasonable in the particular circumstances of this case to refuse planning permission on the basis that the developer cannot fund all the improvements to school facilities deemed necessary by the Operational Manager, School Organisation Planning, bearing in mind that the Council has a statutory duty, as local education authority, to ensure that sufficient number and variety of school places are available, whether or not they are funded by a developer via S106 contributions, and that the SPG also states that contributions will be calculated taking into account a number of factors which include “capacity of the site/development to yield contributions and the extent and scale of contributions that may be sought for other purposes.” Relevant considerations in deciding the level of financial contribution that will be required for school facilities therefore include the scale of contributions that may be required by other service areas.

8.43 The same considerations apply when determining whether the developer’s inability to contribute the full amount requested by the Operational Manager, Transportation should form grounds for refusing the application. The SPG “Developer Contributions for Transport “(2010) states that “in determining the level of contributions for local interventions the Council will take account of other contributions that the developer has agreed to provide to meet other infrastructure needs identified through the planning process or required by other Supplementary Planning Guidance..” , “Larger scale developments can create a need for a range of other physical and social infrastructure besides transport facilities, such as open space, recreational facilities, schools and affordable housing provision. These demands can potentially affect the sums of money that the developer is able to contribute towards transport measures.” And “in the case of proposals for which contributions are required to meet other planning needs besides transport, the actual level of transport contributions sought will need to be considered and balanced with other requirements and their respective merits. This judgement will be made by the Council through the process of determining planning applications.”

8.44 In conclusion, Members of the Planning Committee must consider the following:

Whether it is reasonable in this case to expect the developer to contribute the full amount requested by the various service areas to address the issues identified above, or whether in this particular case it can be considered that the Council should bear a greater proportion of the costs arising from the development since the benefits to the city outweigh these costs, the benefits being:

• A significant contribution towards reducing the shortfall in the housing land supply in Cardiff (which has implications for the Council’s ability to sustain the refusal of planning permission for housing development on other sites within the County that are not allocated for housing development); • A significant contribution to the supply of affordable housing within the this part of the city (there are currently 5,200 households waiting for an affordable home in the Canton area and the development will provide circa 489 dwellings which are affordable in accordance with TAN 2); • A well designed, high quality development with a clear hierarchy of roads and spaces, tree-lined boulevards, green streets and shared spaces; • Major improvements to flood defences on the site and in the existing residential area surrounding the site (removing 472 houses from flood risk during extreme events); • The completion of the Ely Trail and creation of a new pedestrian and cycle link between Canton and Caerau; • Bringing back into use a formerly derelict and contaminated brownfield site; • The creation of a riverside park and improvement of connectivity for wildlife within the river corridor; • The creation of around 2000 jobs; • The provision of new facilities that will be available to the existing community (e.g. shops, g.p. surgery, pub, pharmacy, community centre); • A “safe route” to the new Treganna School; • Economic benefits to the existing local community; • The opportunity to provide the development using an innovative financial model which could attract further investment to the city.

8.45 It is the view of officers that the benefits of the development outweigh the shortfall in financial contributions offered by the developer in this case and, for the reasons set out above, it is recommended that the application be delegated to officers for approval at the end of the statutory publicity period provided no issues are raised during that period (which ends on 6th March 2014) that are not already addressed in this report . Should any new issues arise depending on their materiality the application may be reported back to the Planning Committee for determination.