Consultation by Blaenau Gwent County Borough Council

PREFACE ITEM

APPLICATION NUMBER: Consultation by Blaenau Gwent County Borough Council.

PROPOSAL: Construction Wind Farm comprising 24 turbines.

LOCATION: Mynydd James/Coity Mountain above Blaina, Blaenau Gwent.

A consultation has been received from Blaenau Gwent Borough Council about a wind farm consisting of 24 turbines on land to the east of Blaina and Nantyglo on the edges of Mynydd James and Coity Mountain. Each turbine will consist of a 62 m high tubular steel tower, attached to which will be a three bladed motor with a radius of 31metres, giving each structure a maximum height of 93 metres. An access track from Cwmtillery will be provided for construction and maintenance purposes. The wind farm will operate for 25 years and provide enough electricity for 20,000 homes.

An environmental statement has been submitted in support of the application, and forwarded to Caerphilly County Borough Council for the purposes of consultation.

The proposal is at the opposite end of Blaenau Gwent Borough, adjacent to the boundary with Torfaen Borough. Therefore, the impact on this borough from a planning point of view will be minimal. Issues that would normally be considered by this Local Planning Authority if the application involved land within or adjacent to this borough would include impact on the landscape, nature conservation impact, noise, hours of operation, effects on agriculture, the visual impact of the turbines, safety of the users of adjacent highways, electromagnetic interference, shadow flicker and reflected light.

The nearest turbine to Caerphilly Borough would be approximately 4.2km from the boundary, with the Ebbw Fach and Ebbw Valleys in between. As a result there will be no adverse impact on any of the matters mentioned above insofar as they relate to this borough. The only issue that requires some further consideration is visual impact on the landscape. It will be possible to see the turbines from many of the highest points within Caerphilly Borough, but at such a distance that they will not harm those areas designated as special landscape areas within the Deposit Caerphilly County Borough Unitary Development Plan. The concern from a planning point of view is to limit inter visibility i.e. to ensure that the number of wind farms visible from any point is kept to a minimum. At present, this problem would not occur if the current proposal is developed.

RECOMMENDATION that Blaenau Gwent Borough Council is informed that no objections are raised to the proposed wind farm.

PREFACE ITEM

APPLICATION NUMBER: P/02/0514

APPLICANT(S) NAME: Grantchester Properties

PROPOSAL: Amendment to Condition 1 on planning permission P/02/0514 relating to the substitution of approved drawings for Unit 9.

LOCATION: The former Oldway Commercial Estate, Swansea Road, Merthyr Tydfil.

Merthyr Tydfil County Borough Council has consulted this Council about an application to amend a planning permission granted for a new retail development on part of the former Oldway Commercial Estate in Merthyr Tydfil. This Council was consulted on the original application and raised no objection.

The original planning permission provided for a large 100,000 sq. ft. DIY Warehouse on the site. However, this has been reviewed by the Developer who now considers that the optimum size store is 65,000 sq. ft. Consequently, an amendment is sought to subdivide the original 100,000 sq.ft. unit to provide four units, one of 65,000 sq.ft., one of 15,000 sq.ft. and two of 10,000 sq.ft.

There is no fundamental change to the scheme such that it will have an impact in respect of the original transportation assessment. In terms of the layout of the car park, the changes would enable more disabled and parent and child parking to be provided.

The view that there were no planning objections to the original proposal in terms of its impact on the retail strategy for this Borough remains the same for the proposed alterations in that the amount of retail floor-space remain the same.

RECOMMENDATION that Merthyr Tydfil County Borough Council be informed that this Council has no objection to the proposal.

PREFACE ITEM

APPLICATION NUMBER: P/03/0939

APPLICANT(S) NAME: Wilson Connolly Homes.

PROPOSAL: Erect Double Garage.

LOCATION: Plot 9, Parc Sirhowy, Highfields, Blackwood.

This application was first presented to Committee on the 10th September 2003 when it was deferred for further information that was in turn presented to the Committee on 12th November 2003. Copies of the original reports are attached as an appendicies. At that meeting Members resolved to return the matter to officers to draft reasons for refusal on the grounds that the development is overbearing and detrimental to the amenity of the adjoining residents. If Members are of a mind to refuse the application, the following reason is offered:

“The development by virtue of its size and location has an overbearing effect upon the dwellings at 35 and 37 Apollo Way to the unreasonable detriment of the amenity enjoyed by the occupants of those dwellings”.

PREFACE ITEM

APPLICATION NUMBER: P/03/1266

APPLICANT(S) NAME: Mr. J. Davies.

PROPOSAL: Change of use from dental surgery to domestic residence.

LOCATION: 27 Gilfach Street, Bargoed.

This application was reported to the Planning Committee on the 22nd October 2003, when it was deferred for further information in relation to the adequacy of dental provision in the locality. A copy of the original report is attached as an appendix. The Caerphilly Health Board have been contacted and have confirmed that the practice ceased in June 2002, and they would have expected most patients to have registered with other dental practices, of which there are three separate ones in Bargoed. The Primary Care, Planning and Development Section of the Health Board are unaware of any complaints being received with regard to this issue.

It is not considered that there are any justifiable grounds to refuse planning permission, the practitioner having retired, and there being three other practices available in the Bargoed area, the original report is attached as an annexe to this item, with the original recommendation to approve.

RECOMMENDATION that Permission be GRANTED.

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) The external materials to be used in the external changes to the front elevation shall be submitted to and agreed with the Local Planning Authority before the works are carried out.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In the interests of visual amenity.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1381 Ms. A. Osbourne, Erect two storey side extension 13/10/03 12 Tenby Court, (resubmission of App. No. Hendredenny, P/03/0044) at 12 Tenby Court, Caerphilly. Hendredenny, Caerphilly.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application is a re-submission for a two-storey side extension to a semidetached dormer bungalow. The extension takes the dwelling up to the side boundary and part of it extends into the rear garden. The ground floor provides a garage to the front and kitchen to the rear. The first floor is a bedroom. The application building is one of a row of similar properties. The applicant was previously invited to consider a design that resulted in an extension that would be subservient to the existing house. That invitation was declined and the previous application was refused for the following reasons:-

1. The close proximity of proposed extension to the boundary of the property creates visual terracing to the detriment of the character of the street scene that is comprised of semidetached dormer bungalows and two storey semidetached dwellings that are separated by drives and/or garages. 2. The design of the extension extends one side of a pair of semidetached dwellings detracting from the character of the pair by virtue of the visual imbalance created, contrary to approved Rhymney Valley District Local Plan Policy BE8.

The re-submitted details are the same as those refused except for a covering letter that seeks to justify the development. With regard to reason (1) it is explained that the application dwelling is of a different and contrasting design to the adjacent dwelling. Attention is also drawn to the fact that the published Council design guidance requires setting back which is not considered necessary because of the change in design. With regard to reason (2) it is not accepted that there is visual imbalance that would detract from the character of the dwellings and it is pointed out that small side extensions and porches can result in imbalance.

PLANNING HISTORY

Reference No. Description Decision Date P/96/0858 Erect porch Approved 07/02/97 P/03/0044 Erect extension Refused 05/03/03

POLICY

Approved Rhymney Valley District Local Plan Policy BE8 states: -

Cont………. Application No. P/03/1381 Continued.

“Proposals for alterations, and extensions to residential properties will be permitted where: -

a) The scale, size proportion, design and materials of the extension, or alteration respect and do not detract from the building and its setting including the adjoining buildings. b) The resulting extension does not result in over development of the whole plot and sufficient amenity spaces remains. c) Deposit Caerphilly County Borough Unitary Development Plan Design Guide No 2.”

Policy DC1 (standard development control criteria) of the Deposit Caerphilly County Borough Unitary Development Plan and Development Design Guidance No.2: Householders Developments, should also be taken into account.

CONSULTATION

Chief Engineer (Highways) has raised no objection to the application subject to conditions requiring the provision and maintenance of a minimum of three off-street parking spaces.

Welsh Water gives advice regarding the presence of a sewer in the rear garden.

The development has been advertised on site and neighbouring properties have been consulted. One letter has been received that raises a concern regarding any possible increase in on-street car parking.

ANALYSIS

The application building is a semi-detached bungalow with dormer windows at the back and front. The proposed extension retains the profile of the existing dwelling and projects it sideways up to the side boundary of the property. Design guidance suggests that such side extensions should not give rise to visual terracing which conflicts with the character of the street scene. The building to the side of application building is of a different design to the row of identical bungalows thus there is a break in the pattern of the street scene. However the proposed extension still gives rise to visual terracing, particularly as the building to the side also has a single storey side extension that would be in close proximity to it.

The proposal also creates an imbalance in the symmetry of the pair of the semi-detached dwellings. Design Guidance suggests that setting the extension back from the front elevation of the house may ameliorate this problem. In this particular case setting back would also necessitate removing the dormer to the front elevation which would help reduce the visual imbalance. Another solution would be to set the extension back from the boundary but in this case that would materially reduce the size of the extension and the internal accommodation, i.e. the bedroom would only be 1.4 metres wide and the garage would not be wide enough to park a car. The applicant has in the past been invited to alter the design to the suggested set back solution but has declined. Cont……. Application No. P/03/1381 Continued.

With regard to reason for refusal No (1), the consideration of the previous application took account of the difference in design of the adjacent dwelling and acknowledged that there is a break in the pattern. However, that building has a single storey side extension (garage) that would be visually joined to the extended application dwelling creating a row of four. The street scene is characterised by semi detached properties separated by drives and/or garages, the proposed extension is taken up to the boundary at two storeys in height. It is considered that this closing of the gap between the dwelling and the boundary is not in keeping with the character of the street scene therefore the reason for refusal remains valid.

With regard to reason for refusal No (2), the justification letter received acknowledges that there is imbalance but implies that it does not unacceptably affect the character of the pair of dwellings. Comparison is made to permitted development porches, small side extensions and garages, but it should be borne in mind that the proposed side extension is not a small permitted development, it is a significantly larger two storey extension. It is stated that on “modern estates” layouts result in a number of different house types being constructed in the same row to provide visual variety. However, the application street is not of the type of estate layout mentioned and there is a high degree of conformity within the street with the application building being one of a straight line of similar designs. It is considered that the design and scale of the extension could be varied to acceptably reduce the visual imbalance, but the applicant has declined to undertake such a revision. This reason for refusal also remains valid.

The previous concern that has been raised regarding any increase in on-street parking could be resolved by condition as suggested by the Chief Engineer.

The previous refusal of planning permission was accompanied by advice that explained that more sympathetic consideration would be taken with regard to a subservient design. Since that advice was given the design guidance has been under review and possible changes in that advice should be conveyed to the applicant as they may affect any resubmission. In particular it is now likely that extensions to the side of semidetached dwellings will also be required to be set back from the side boundary by at least a metre to maintain visual separation.

RECOMMENDATION that Permission be REFUSED

The reasons for the Council’s decisions are:

(1) The close proximity of proposed extension to the boundary of the property creates visual terracing to the detriment of the character of the street scene that is comprised of semidetached dormer bungalows and two storey semi-detached dwellings that are separated by drives and/or garages. (2) The proposed development extends one side of a pair of semi-detached dwellings detracting from the character of the pair by virtue of the visual imbalance created, contrary to the Approved Rhymney Valley District Local Plan Policy BE8.

Cont……….

Application No. P/03/1381 Continued.

Advisory Note

The applicant be advised that: previous advice has explained that more sympathetic consideration would be given to a revised application that took into account the Local Planning Authority’s Design Guidance.

The applicant be advised of the observations of Welsh Water

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1489 Chief Engineer, Provide a footbridge across the 11/11/03 Caerphilly County Borough Council, Nant Twynyrharris and associated Council Offices, footway works on Land between 20 Pontllanfraith, & 22 Camnant, Ystrad Mynach & Blackwood. crossing the Nant Twynyrharris

APPLICATION TYPE: DEEMED APPLICATION

SITE AND DEVELOPMENT

This application proposes to a create a formal footway linking the Forge Mill residential area with Twyn Road, along an already walked route across an area of open space, with a footbridge to be erected across the Nant Twynyrharris onto Twyn Road opposite the eastern entrance to Ystrad Mynach College. The footpath to be laid in tarmac will be 1.8m wide, with the bridge structure being 7.6m long, being constructed from concrete, with steelwork rails to a height of 1.2m.

PLANNING HISTORY

Reference No. Description Decision Date

5/5/95/0304 Residential Development Granted 15/2/96 P/97/1002 Residential Development Granted 05/2/98

POLICY

The proposal has to be considered against the relevant criteria contained within Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan. Policy T13 of the Deposit UDP is also considered to be relevant, this states:-

“The design of major new housing developments will be required to incorporate a high level of provision for pedestrian and cycle access and prioritisation/segregation as appropriate.”

CONSULTATION

Chief Engineer (Highways) has no objection to the scheme.

Environment Agency (Wales) has already issued Land Drainage Consent for the proposed works to the applicant.

No response has been received to the publicity carried out.

Cont……… Application No. P/031489 Continued.

ANALYSIS

The detailed application for the housing development for this part of the Forge Mill housing area indicated a footpath link onto Twyn Road; however, the link involved land outside the application site for housing development, and the Council could not have insisted that the developer undertook to provide such a link. However, it is understood that the developer, who still owns the open space over which the link will be made, is contributing to the cost of the works involved.

The route of the path follows an already walked route, with various methods being employed to cross the stream including the positioning of planks or any other form of material across the stream. The chain link fence alongside the northern bank of the stream has been removed. The proposal will allow a far more convenient route for some pedestrians in the residential area to gain access to other parts of Ystrad Mynach to the North.

RECOMMENDATION that Deemed Consent be GRANTED.

This permission is subject to the following condition:-

The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

The reason for the Council’s decision is:-

To comply with the provisions of Section 91 of the Town and Country Planning Act 1990.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1391 Mr. & Mrs. Bartlett, Extend ground floor for business 14/10/03 Cefn Llwyna, use at Cefn Llwyna, Penallta Road, Penallta Road, Ystrad Mynach, Hengoed. Ystrad Mynach, Hengoed.

APPLICATION TYPE: RETENTION APPLICATION

SITE AND DEVELOPMENT

This application is for the retention of the use of an area measuring 12m x 13.2m being used as a display and showroom area in association with an upholstery refurbishment business at these premises which were formerly a public house situated adjacent to the western end of the road leading into the Penallta Industrial Estate. Planning permission was granted in March 2003 for the use of the premises to provide a detached family residence with workshop for upholstery business.

The permission was subject to a condition which stated that:-

“The business use hereby approved shall be restricted to the former hall entertainments room as shown on the submitted drawings.”

PLANNING HISTORY

Reference No. Description Decision Date

5/5/78/1254 Erect single storey extension for concert room Granted 28/11/78 P/02/1113 Change to residential Withdrawn 11/11/02 P/02/1443 Change use to residential and exhibition space Granted 06/02/03 P/03/0094 Change use to provide detached family Granted 19/03/03 residence with workshop for upholstery refurbishment business

POLICY

The proposed development needs to be assessed against the general development control criteria contained within Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan.

CONSULTATION

Chief Engineer (Highways) has no objections.

Gelligaer Community Council raises no objection to the development.

Cont…….. Application No. P/03/1391 Continued.

There has been no response to publicity undertaken.

ANALYSIS

A mixed business and residential use has already been approved at the property. The extended area the subject of the application amounts to 156 sq. m of showroom space where materials and fabrics are displayed for customers, with a small office area also being within this room. The workshop area off this room remains unchanged. The extended business area is considered acceptable provided it remains linked to the original upholstery business approved at the premises, and is not formed into a separate business enterprise, which may result in parking conflict at the site. The expansion of the business area in the form of this showroom is not considered to have any significant implications for the traffic to be attracted to the site and the application is accordingly recommended for approval. It should be noted, however, that the applicants are operating a pet food supply business from the rear of the premises, which being a separate use is at present unauthorised. It is understood that the applicants are considering whether to submit a further application to attempt to regularise this use or cease this use. The matter will be monitored by the Planning Division.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

The showroom the subject of this permission shall only be used in association with the existing upholstery refurbishment business the subject of planning permission P/03/0094 and for no other business purpose whatsoever.

The reason for the Council’s decision is:-

To ensure that adequate on-site parking is available in the interests of highway safety.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1332 Park Services, Erect new two team changing room 01/10/03 Caerphilly County Borough Council, facility at Bargoed Welfare Park, Ystrad Fawr, Bargoed. Ystrad Mynach, Hengoed.

APPLICATION TYPE: DEEMED CONSENT

SITE AND DEVELOPMENT

Full planning permission is sought for the construction of new two team, changing room facilities at Bargoed Welfare Park, Bargoed. The park lies north of Park Drive and south of Moorland Road within the settlement limits of Bargoed. The proposed single storey building is to be erected to the rear of the existing spectator stand fronting the running track and football pitch. A large steel walled, flat roof building exists to the rear of the proposed development which apparently is used by the athletics club.

The dimensions of the building are 15.162 metres x 7.200 metres. It will have a ridged roof and will be approximately 5.5 metres high at the front and 4.2 metres high at the rear due to the topography of the site. The materials to be used in the external finishes of the building include colour coated steel in the walls and tiles in the roof. The building is to be constructed with three doors in the front elevation and a double door in the rear elevation. The doors are proposed to be steel faced solid doors. The development includes the construction of a face brick retaining wall around the building to include steps. No colours have been provided in respect of these external finishes.

PLANNING HISTORY

No recent planning history.

POLICY

The application site is identified as a key area of open space and parkland in the Deposit Caerphilly County Borough Unitary Development Plan, Proposed Modifications January 2003, Policy L8 (5) together with similar Policy Be 301, of the Approved Rhymney Valley District Local Plan.

The development has been assessed against general development control criteria contained in Policy BE1 of the Approved Rhymney Valley District Local Plan, together with Policy DC1 of the Caerphilly Deposit Unitary Development Plan. Policy 1 DC is also relevant and requires that proposals for development will only be permitted if they meet specified criteria and if they are consistent with the underlying principles of good design, sustainability and maintaining the identity and vitality of settlements.

Cont……… Application No. P/03/1332 Continued.

CONSULTATION

Chief Engineer has no adverse comments.

Chief Environmental Health Officer has no adverse comments in respect of the proposed development.

There have been no observations received as a result of publicity.

ANALYSIS

The development proposed will serve to improve existing facilities. It is considered to be satisfactory in terms of design and scale and will not have an adverse effect upon the character of the surrounding area. However, it is considered appropriate to attach a condition to any consent requiring details of the colour of the external finishes to be agreed with the Local Planning Authority.

The application is accordingly recommended for approval.

RECOMMENDATION that Deemed Consent be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) The colour of the materials to be used in the external surfaces of the building hereby approved shall be submitted for consideration and agreed in writing with the Local Planning Authority before the commencement of works in respect of those elements of the development hereby approved.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In the interests of visual amenity.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1288 Cefn Fforest Community Centre, Construct temporary 26/09/03 Derwendeg Avenue, accommodation unit - 5 years at Cefn Fforest, Cefn Fforest Community Centre, Blackwood. Derwendeg Ave., Cefn Fforest, Blackwood.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Temporary planning permission is sought for a period of 5 years in respect of an accommodation unit to be sited within the curtilage of Cefn Fforest Community Centre, Cefn Fforest. The community centre was granted planning approval in 1996 (reference 2/12755) on the site of a former playground. It is located within a predominantly residential area within the settlement limits of Cefn Fforest. Trinity Presbyterian Church is located to the north of the site, with residential dwellings located opposite, east along Derwendeg Avenue and south along Craiglas Crescent. A service lane is located to the rear of the community centre beyond which are mixed use commercial and residential properties along Cefn Fforest Avenue. The community centre is a single storey detached building with car parking provision to the south of the building.

The proposed accommodation unit is steel, flat roof unit of size 7.32m x 6.1m x 2.59m in height. On the front elevation of the unit are three windows and a door. The windows would be fitted with integral metal roller shutters whilst the whole unit would be painted grey (colour code RAL 7032 Pebble grey). The proposed unit is to be sited against the rear western boundary of the application site adjacent to the rear service lane.

PLANNING HISTORY

Reference No. Description Decision Date 2/12755 Community Centre. Approved 15.3.96

POLICY

The development has been assessed against standard development control criteria contained in Policy D1 of the Adopted Islwyn Local Plan, Policy SR1 of the local plan which relates specifically to proposals for sport and recreation, and the standard development control criteria contained in Policy D1 of the Deposit Caerphilly County Borough Unitary Development Plan, Proposed Modifications January 2003.

Policies D1 and DC1 are listed below:-

Cont……. Application No. P/03/1288 Continued.

D1:- “New development should be well designed in terms of its scale, density, height, massing, layout, materials and landscaping and should take account of its surroundings including its effect on the skyline. Development will also be expected to make appropriate provision for parking and servicing.”

DC1:-

“Development will be approved where it can be shown that it:-

a) is well designed in terms of its setting, scale, density, layout, materials and landscaping; b) provides or maintains adequate parking provision for the proposed development.”

CONSULTATION

Chief Engineer (Highways) raises no objection to the development subject to a condition in respect of parking provision, and temporary consent being granted to allow on-street parking to be monitored.

Chief Environmental Health Officer has no adverse comments in respect of the new development. However, he comments that in information received by his Division in March 1996, residents were concerned about the possibility of disturbance from the use of the building for wedding parties and discos. The size of the building does not appear to be such that an event of this nature would take place. However, if this is a possibility, consideration should be given to the construction of the walls of the temporary accommodation in relation to acoustic properties.

The development has been advertised on site and a neighbour consultation exercise has been undertaken. Four letters of objection have been received in relation to the application. The main issues raised are:-

a) existing parking problems within the vicinity of the site being exacerbated by intensification of use of community facilities; b) the loss of parking within the site by the siting of the unit; c) temporary period of 5 years is too long. d) the unit will provide a screen in respect of the rear lane allowing the potential for further anti social behaviour in terms of under age drinking, urinating, taking drugs which allegedly is currently experienced; e) the design of the unit will encourage youths to climb its roof.

Cont……… Application No. P/03/1288 Continued.

ANALYSIS

The Deposit Caerphilly County Borough Unitary Development Plan, in Policy DC1, states that proposals for development will only be permitted if they meet specified criteria and if they are consistent with the underlying principles of good design, sustainability, and maintaining the identity and vitality of settlements.

The main issues in relation to this application are considered to be the effect upon the character and appearance of the existing building and surrounding area, and secondly upon highway safety.

The proposed unit for additional accommodation is sited in a prominent position within a residential area. It is of steel construction with a flat roof that is out of character with the existing community centre building and the surrounding area. It is therefore considered that the proposed development could have an unacceptable impact on the visual amenity of the area contrary to Policy D1 of the Adopted Islwyn Local Plan and Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan, Proposed Modifications January 2003. However, during pre-application discussions an officer view has been expressed that whilst the design is poor a temporary permission could be considered. In this respect it is considered that the 5 years applied exceeds what is considered to be temporary in relation to this proposal and that 2 years would be a more acceptable period. It would be hoped that a permanent solution would be achieved within that period.

Chief Environmental Health Officer comments in respect of the potential for noise nuisance from the building. In this respect any complaints of noise nuisance fall within the jurisdiction of the Environmental Health legislation.

In terms of highway safety, the Chief Engineer (Highways) has no objection to the development.

The concerns raised by objectors in respect of loss of parking and increased parking may be monitored if approval is granted for a temporary period.

Objector’s concerns in relation to anti-social behaviour are matters that fall within the jurisdiction of the police.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) The building hereby permitted shall be removed and the land restored to its former condition on or before 31st December 2005. (2) The use of the building hereby approved shall be for purposes ancillary and incidental to the use of the main building as a community centre and for no other purpose whatsoever.

Cont…….. Application No. P/03/1288 Continued.

The reasons for the Council’s decisions are:-

(1) In order to secure appropriate provision of play area space within the site curtilage. (2) It is the policy of the Local Planning Authority to review the question of this type of development periodically in the interests of the amenities of the area.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1380 Mr. C. Williams, Create two residential building 13/10/03 2 Beaufort Road, plots on Land adjoining Penylan Tredegar. Road, Argoed, Blackwood.

APPLICATION TYPE: OUTLINE APPLICATION

SITE AND DEVELOPMENT

Full planning permission is sought for residential development on open land, which lies east of Argoed and north of Blackwood. The application site, 0.35 hectares in area, is situated to the east of Penylan Road, Argoed and west of route A4048, in the north east corner of field parcel 6185 with access proposed through field parcel 5991. Abernant Guest House is located to the north of the site together with two pairs of semi-detached dwellings. A single-track lane runs along the northern boundary of the application site linking Penylan Road with the A4048.

The topography of the site is such that it slopes down from west to east. The northern and western boundaries of the site are characterised by mature trees and hedgerows.

This is the resubmission of an outline application, in respect of 2 residential building plots, previously refused on the 14th August 2003. It is only the means of access to be considered at this stage, all other matters being reserved for future consideration. The proposed shared access is to be obtained at the north west corner of the site via the lane linking Penylan Road with the A4048.

PLANNING HISTORY

Reference No. Description Decision Date P/03/0788 Outline in respect of residential Refused 14/08/03 development

POLICY

The site is outside settlement limits and has no land use allocation in both the Adopted Islwyn Local Plan or the Deposit Caerphilly County Borough Unitary Development Plan, Proposed Modifications, January 2003.

Deposit Caerphilly County Borough Unitary Development Plan Policy DC2 states:-

Cont……….

Application No. P/03/1380 Continued.

“Development beyond the settlement boundary as defined on the proposals map will not be permitted except where appropriate for: -

a. Development associated with agriculture, forestry and winning and working of minerals. b. The conversion, rehabilitation and replacement of rural buildings and dwellings. c. Recreation and leisure proposals. d. Development associated with the provision of public utilities, and infrastructure, which cannot be located elsewhere.”

Adopted Islwyn Local Plan 1991 – 2001, development plan policy H5 states: -

“Settlement envelopes are identified, within which residential development will normally be permitted, provided sites can be developed to comply with policy D1.”

Policy H6 states: -

“The construction of permanent dwellings in the open countryside will normally be permitted only where it can be demonstrated that there is a bona fide need for a dwelling for workers in agriculture or forestry and there is no suitable land or housing within existing settlements. Where new dwellings are permitted they will be required wherever possible to be sited near to existing buildings.”

Standard development control criteria contained in policy D1 of the Adopted Islwyn Local Plan and policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan, are also relevant, together with associated supplementary planning guidance contained in Design Guide 3 – Dwellings in the Countryside.

Planning Policy Wales, March 2002, contains National Assembly advice about development in the countryside and states at paragraph 9.3.6 that:-

“New house building and other new development in the open countryside, away from established settlements, should be strictly controlled.”

Tan (Wales) 6: Agricultural and Rural Development states at paragraph 41: -

“New permanent dwellings should only be allowed to support existing agricultural activities on well-established agricultural units,…..”.

The development has been advertised on site and neighbouring properties have been consulted. Three letters have been received in response objecting to the development. The main issues raised are in relation to the proposed development occurring outside settlement limits, the presence of a Right of Way adjacent to the site and the potential for drainage problems. The resident of the neighbouring property at Abernant Guest House, has also raised concern regarding a right of access to the side and rear of her property as shown on her deeds. Cont……… Application No. P/03/1380 Continued.

CONSULTATION

Chief Engineer (Highways) has no objection to the development subject to conditions.

Chief Engineer (Drainage) raises no objection to the development but provides advice in relation to surface water discharge and the presence of two minor watercourses crossing the site.

Transco and Western Power Distribution raise no objection to the development and provide details of their apparatus in the area.

The Coal Authority has no adverse comments in relation to the development.

Hyder advises that foul and surface water discharges must be drained separately from the site and notes that there are no foul/surface water sewers in the immediate vicinity which are likely to require that off site sewers will be required to connect to the public sewerage system.

Chief Environmental Health Officer has no adverse comments in respect of the development.

Environment Agency (Wales) provides a standard guidance note to be conveyed to the developer.

Campaign for the Protection of Rural Wales states that the proposal would be contrary to Deposit Caerphilly County Borough Unitary Development Plan Policies C2 (infill development within villages) and C8 (agricultural and forestry dwellings), and as such the current application should not, on principle, be granted planning permission.

ANALYSIS

A previous outline application in respect of this development has been refused in terms of highway safety for the following reasons:-

“(4) The narrow access road leading to the site is unsuitable to serve as the primary means of access for further development. (5) The proposed additional use of the substandard junction with the A4048 by vehicular traffic will create increased traffic hazards to the detriment of highway safety.”

Chief Engineer (Highways) has considered the revised proposals subject of this application, which indicates a shared access leading off the north west boundary of the site via an existing field gate entrance. He has no objection to the development subject to conditions.

Notwithstanding the above, the application subject of this report is not able to address the conflict with policy in terms of the development occurring outside of settlement limits, which was the other reason for refusal in respect of the previous outline planning application.

Cont………. Application No. P/03/1380 Continued.

The allocation of land for housing within the development plan and the identification of settlement boundaries seek to ensure that the countryside is protected from inappropriate housing development. In the Adopted Islwyn Local Plan and the Caerphilly County Borough Deposit Unitary Development Plan, Proposed Modifications January 2003, the site is an area of undesignated white land, which lies outside the settlement boundary as defined by Policies H5 and DC2, respectively. The Settlement Boundary aims to prevent inappropriate development in the open countryside and is one of the key planning mechanisms available to the county borough council to protect the integrity and vitality of existing settlements.

The designation of the settlement boundary is not defined to stifle acceptable forms of development from countryside locations, such as development associated with appropriate rural businesses or farm diversification. However, in this instance the proposed development is considered inappropriate and contrary to current policy, which clearly explain that residential development beyond settlement limits will generally only be permitted if it is justified in the interests of:-

a) agriculture. b) farm diversification. c) forestry. d) winning and working of minerals. e) conversion, rehabilitation and replacement of rural buildings and dwellings. f) recreation and leisure proposals. g) development associated with the provision of public utilities, and infrastructure that cannot be located elsewhere.

No such justification exists with regard to this application, and the proposal as submitted is therefore contrary to policy, and an intrusion in the countryside.

The settlement boundary at this location has not been the subject of an objection to the Deposit Caerphilly County Borough Unitary Development Plan and therefore considerable weight should be attached to it in policy terms.

The proposed development is also contrary to national planning guidance that aims to conserve the countryside and states that new building in the open countryside away from existing settlements or areas allocated for development in Deposit Caerphilly County Borough Unitary Development Plan must continue to be strictly controlled.

RECOMMENDATION that Permission be REFUSED

The reasons for the Council’s decision are:-

(1) The application site lies outside the settlement envelope defined in the Adopted Islwyn Local Plan and is contrary to Policies H5 and H6 of that plan, which presume against the development unless it is in the interest of agriculture or farm diversification projects.

Cont………. Application No. P/03/1380 Continued.

(2) The application site lies outside the settlement boundary defined in the Deposit Caerphilly County Borough Unitary Development Plan and is contrary to Policy DC2 which presumes against development unless it is associated with agriculture, forestry and winning and working of minerals, or the conversion, rehabilitation and replacement of rural buildings and dwellings, or recreation and leisure proposals, or development associated with the provision of public utilities, and infrastructure which cannot be located elsewhere. (3) The proposed development is contrary to national planning guidance, which aims to conserve the countryside and states that new building in the open countryside away from settlements or areas allocated for development in Development Plans must continue to be strictly controlled.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1384 Mr. E. A. Lester, Change the use of adjacent land to 14/10/03 1 Chapel Street, residential curtilage including Pontlottyn, retention of wall and roller shutter Bargoed. access door at 1 Chapel Street, Pontlottyn, Bargoed.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Retrospective planning consent is sought in respect of an area of land, to be included within the residential curtilage of 1 Chapel Street, Pontlottyn. The development also includes the retention of a 2 metre high concrete block wall around the boundary of the site together with the retention of a roller shutter door providing vehicular access at the front of the property. This land abuts the side boundary of the property and originally formed a vacant grassed strip adjacent to the highway running along Wine Street. The dwelling occupies a corner plot at the junction of Chapel Street and Wine Street.

The area of land measures approximately 3.2 metres at the front and 2.3 metres at the rear and is approximately 12.5 metres long.

PLANNING HISTORY

Reference No. Description Decision Date EN/97/207 Enforcement Notice – unauthorised vehicle Compliance 2/11/99 repairs

POLICY

CONSULTATION

Chief Engineer (Highways) objects to the development because the development as built obstructs the public highway and creates hazards to the detriment of the safety of all classes of highway user.

Rhymney Community Council raises no objection to the development.

Cont………. Application No. P/03/1384 Continued.

A neighbour consultation exercise was undertaken and the application was advertised on site but no letters have been received in response.

ANALYSIS

Notwithstanding that the applicant has certified that all the land subject of the application is in his ownership, Chief Engineer (Highways) objects to the development because it obstructs the public highway and as such creates hazards to the detriment of the safety of all classes of highway user. The obstruction of the highway is currently being investigated by the Chief Engineer.

Consequently, it is considered that the inclusion of this strip into the residential garden would have an adverse effect upon the safety of all classes of highway user in conflict with the Local Plan Policies and is therefore unacceptable in planning terms.

RECOMMENDATION that Permission be REFUSED

The reason for the Council’s decision is:-

The development as built obstructs the public highway and creates hazards to the detriment of the safety of all classes of highway user in conflict with Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan, Proposed Modifications January 2003 and Policy BE1 of the Approved Rhymney Valley District Local Plan.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1275 Mr. B.W. Harris, Erect garage/store at 19 Gellihaf, 18/09/03 19 Gellihaf, Fleur de Lys, Blackwood. Fleur de Lys, Blackwood.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Full planning permission is sought in respect of the erection of a detached domestic garage and store to be constructed to the rear of a property located at 19 Gellihaf, Fleur de Lys, Blackwood. The dwelling is a two storey semi-detached house with similar residential housing located to the north and east with green space located to the west and south.

The dimensions of the garage are 10 metres in width, 6 metres in length with a pitched roof rising to a height of 4 metres. The front elevation of the garage will include a door and a garage door, and the side elevation will include 2 windows. The materials to be used in the proposed garage/store include interlocking concrete roof tiles, white upvc windows and the exterior will be a painted render.

PLANNING HISTORY

No recent planning history.

POLICY

The site lies within the settlement boundary area as defined by Policies DC2 of the Deposit Caerphilly County Borough Unitary Development Plan (1996 - 2011). The development has been assessed against the standard development control criteria Policy D1- D6 of the Adopted Islwyn Local Plan, and standard development criteria Policy DC1 of the Deposit Unitary Development Plan. The proposal has also been considered against the Development Design Guide 2: Householder Developments.

CONSULTATION

Chief Engineer (Highways) raises no objection to the proposal subject to the conditions recommended below.

Chief Engineer (Drainage) raises no objection to the development subject to an advisory note concerning soakaways and the need to ensure that water from the nearby highway does not enter the garage.

Cont…….. Application No. P/03/1275 Continued.

Neighbouring properties were notified, and two letters of objection were received relating to this application. The objectors raised concerns over the safety of motorists, and raise the issue that there is already an inadequate vision splay from and to Gellihaf Road, Bryngwyn Street and Padfield Cottages. The objectors are concerned that the erection of the proposed garage would aggravate the current problem. They are also concerned over the maintenance and ownership of a small strip of land between the rear boundary fence of this property and Gellihaf Road.

ANALYSIS

When considering this application it is useful to address this analysis in two parts: firstly from a design perspective and secondly from the perspective of the issues raised by the objectors.

It is considered that the proposed garage/store is in accordance with policies, D1 to D6 of the Adopted Islwyn Local Plan and Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan in that it is of an acceptable scale, design and form. The proposed garage/store will not impact on the privacy and amenity of adjoining properties. The side elevation of the garage/store that faces 18 Gellihaf Road consists of 2 windows. However as it does not overlook adjoining properties it is considered that it will not have an adverse effect on the privacy and amenity of neighbouring properties.

The objectors raised concerns regarding poor visibility from and to Gellihaf Road and believed that this development would aggravate the problem. An amended plan submitted on 17 November 2003 has reduced the size of the garage to take account of highway considerations. Therefore this development will not affect visibility from and to Gellihaf Road.

The objectors also raised concern regarding the rectangular shaped area of land to the rear of 19 Gellihaf Road and its maintenance in order for motorists to have a clear view of the road. This is a matter for another part of the Council.

In light of the above, the development is considered acceptable.

RECOMMENDATION that Permission be GRANTED.

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) Any gates shall be located and fitted so as not to open over the highway. (3) Use of the garage hereby approved shall be ancillary and incidental to the enjoyment of the dwelling as such and for no other purpose. (4) This permission shall relate to the application as amended by the plans received by the Local Planning Authority on 17th November 2003, showing a reduction in the size of the garage .

Cont…….. Application No. P/03/1275 Continued.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In the interest of highway safety. (3) In the interest of highway safety and amenity. (4) For the avoidance of doubt as to the extent of this permission.

Advisory Note

The applicant be advised of the comments of the Chief Engineer and Welsh Water.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1152 Mr. R.A. Gibbons, Erect detached dwelling on Land 18/08/03 8 Pentwyn Avenue, adjacent to St. Davids House (Frogs Blackwood. End), Woodfieldside, Blackwood.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This is a full planning application for the construction of a three storey three bedroom detached property at Woodfieldside, Blackwood. Plans indicate that the lower ground floor of the dwelling would consist of two garages that are below ground level at the rear. The ground floor is occupied by a lounge, kitchen, hall and one bedroom/study. The front door is accessed via steps. There is a balcony outside the front door, which is above the protruding garage roof.

The steepness of the site is such that doors at the rear ground floor, lead directly to the elevated land at the rear. Two bedrooms and a bathroom are proposed at first floor, with pitched dormer windows at the front elevation, and roof lights at the rear.

The site area is approximately 865 square metres in area, and is steeply sloping in an east-west direction. The site is bounded to the north and south by existing dwellings. The bungalow to the south is at a lower level. St David’s Avenue is to the west with the former railway line to the east. Access to the site is proposed off St David’s Avenue utilising part of the existing drive serving St David’s Cottage. Plans indicate an improved access point on to St David’s Avenue. The ground investigation submitted with a previous application has been submitted for consideration.

POLICY

The site lies within the settlement envelope of Blackwood as defined by Policy H5 in the Adopted Islwyn Local Plan (1991-2001). The site also lies within the settlement boundary as defined by Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan (1996 - 2011). The development has been assessed against the standard development control criteria in Policies D1 to D6 of the Islwyn Local Plan, standard development criteria in Policy DC1 of the Unitary Development Plan, and guidance contained within Development Design Guide 1: The Design Of New Housing in Urban Areas. PPG14 Development on Unstable Land is also relevant (This PPG is still relevant to Wales).

PALNNING HISTORY

Reference No. Description Decision Date 2/10802 Detached Dwelling Refused 1992 2/9561 Detached Dwelling Refused 1991

Cont………. Application No. P/03/1152 Continued.

CONSULTATION

The Coal Authority advises that the site is within the influence on the surface from workings in 8 seams of coal at shallow depth and that a prudent developer should seek appropriate technical advice before work is undertaken.

Transco and Western Power distribution have forwarded details of apparatus in the vicinity of the site.

Environment Agency (Wales) advises that there is a closed landfill site within the vicinity of the proposed development site.

Chief Engineer advises that the details of the slab and lane levels suggest that an access gradient of 1 in 5.6 would be provided, which is not acceptable. He advises that the garage level would need to be dropped by about 1 metre, and that to achieve this would dramatically affect the proposal.

On drainage the Chief Engineer advises that as the applicant has indicated that he intends to discharge surface water from the proposed development to soakaways, he must satisfy the authority that permeability tests have confirmed the suitability of the ground on site for their use. However, he feels that as the adjacent land area was formerly utilised as a quarry, and as the applicant intends to reduce the levels across parts of the site, it casts some doubt that ground conditions will in fact be suitable for soakaways. He therefore recommends that a site investigation be carried out to clarify the situation prior to commencement of any development of the site. If development proceeds, no discharge of surface water from the completed site including proposed driveway areas will be permitted to drain to the adjacent public highway or any highway drain.

The adjoining properties were notified of the application, which was also advertised on site.

Two letters of objection have been received. One letter is from the occupier of the dwelling, which shares the proposed access. The main points are as follows:-

1) Uncertainty regarding the boundary of the application site with his own. 2) The proposed garage by its close proximity to his dwelling would block the light to his first floor bedroom. 3) The access to St Davids Avenue from the neighbouring properties, are already a source of concern and an additional property would aggravate the problem. 4) The writer’s access to St Davids Avenue is through the applicant’s land. When the Sirhowy Enterprise scheme is carried out he would like to maintain his right of way to St David’s Road, which could be prevented if the applicant’s proposals are carried out due to the differences in levels. 5) Concerned that the applicant intends tapping in to the drainage on his land.

Cont………

Application No.P/03/1152 Continued.

The second letter strongly objects as follows:-

1) The proposed development is close to the edge of the disused quarry face, which adjoins his boundary. 2) The unsupported stone face is not a problem at present, but could pose a problem if disturbed for the laying of foundations. 3) Problem of access as the narrow access from the lane leading to St David’s Avenue is currently used by four properties one of which is under construction. The shared drive is narrow and would therefore cause difficulty to the existing properties that gain access from the same point of access to the lane.

ANALYSIS

This is a full application for the construction of a dwelling that has a maximum height of 9.3 metres, with garages at the lower ground, living rooms on the ground, and rooms in the roof space. The construction of the dwelling would require a great deal of excavation work. Planning permission has been previously refused in 1987 and 1989. The latter was the subject of an appeal to the Welsh Office for non-determination. On dismissing the appeal the inspector concluded that there was limited scope for further infill development. He did not consider that the traffic generated by one additional dwelling would make a significant change to the existing conditions on the highway leading to the site. However, in view of the amount of excavation work that would need to be carried out the Inspector concluded that there are doubts about the stability at the site.

A site investigation report submitted with a previous application has been included with the current proposal for consideration. The Chief Engineer advises that the report was prepared in 1991, and he would question its relevance to the condition of the site today given the unstable nature of elements of the site at that time and recommends that it be up-dated. He further states that as the dwelling is to be constructed at a level some 3-4 metres below existing ground level that excavations of this depth within proximity of the adjacent dwellings would require Party Wall Notices to be issued.

With regard to the objections reported above, whilst those relating to the access are noted, the Welsh Office Inspector did not consider the principle of an additional dwelling to have a detrimental impact upon the highway. He was however concerned about the stability of the site. The concerns expressed by the writers regarding the stability of the site are relevant, as these would have a bearing on the design of the building, the impact upon the neighbouring properties, in addition to site stability. The Local Planning Authority must also consider stability in dealing with planning applications, where stability is identified as an issue.

Matters of drainage connections to a private sewer and boundary definition are private matters.

Chief Engineer objects to an access, which has a gradient of 1:5.6, which would also have an impact upon the adjoining dwelling, which shares the driveway. The concerns of the objector in relation to the access are therefore relevant insofar as the gradients are concerned.

Cont……… Application No. P/03/1152 Continued.

As the site level will be reduced to accommodate the proposed dwelling, altering it further to accommodate the standards required by the Chief Engineer would need to substantially alter the design of the dwelling, and an amendment has not been sought for that reason.

The second main issue relating to the development of the site is stability. The concerns regarding stability expressed by the objectors are relevant to the consideration of the application. PPG 14 states that when there are good reasons to believe that instability could make the ground unstable for the proposed development or could adversely affect the neighbouring land, a specialist investigation and assessment by the developer to determine the stability of the ground and to identify any remedial measures required to deal with any instability, may be required before the application can be considered.

Further advice states that if the information about instability initially provided by the applicant is insufficient to enable the authority to determine the application, two alternatives are open to the authority of which the first is that if the applicant clearly fails to meet other planning criteria then the application may be refused, as clearly the applicant should not be put to the unnecessary expense of a specialist investigation if other considerations would result in a refusal.

On the basis of the above advice, a new site investigation report was not sought from the applicant, as the highway objections, cannot be overcome within the scope of the present design. However if the application is refused the applicant should be advised that should he succeed in overcoming other planning objections he would still need to satisfy the authority on the question of ground stability.

As the issues, which need to be addressed, cannot be overcome, through amendments the application should be refused.

RECOMMENDATION that Permission be REFUSED

The reasons for the Council’s decision are:-

(1) The proposal does not contain sufficient information to demonstrate how the site could be satisfactorily developed in relation to the stability of the site given the difference in levels and the major excavation work required. The proposal therefore does not satisfy the requirements of PPG 14 Development on Unstable Land, which underlines the need for a Local Planning Authority to consider the issue of ground stability. (2) The proposed steep access gradient between the slab level of the proposed garage and the public highway would result in an unsatisfactory form of development, creating hazards to all classes of highway users.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/0682 Mr. D. Jones, Construct one house with garage on 14/05/03 The Woodlands, Land adjacent to The Woodlands, Glanhowy Road, Glanhowy Road, Wyllie, Wyllie, Blackwood. Blackwood.

APPLICATION TYPE: OUTLINE APPLICATION

SITE AND DEVELOPMENT

The application seeks outline planning consent for one detached dwelling with garage at this site on the eastern side of Wyllie. The site is a triangular area of land between Glanhowy Road and the dismantled railway. It measures 22m at the widest point to 7.0m at the narrowest and is approximately 77m long. The application as originally submitted was for two dwellings, which has now been amended following discussion with officers, to one detached dwelling.

To the north is a recently constructed dwelling, which is in the applicant’s control. The amended drawing indicates details of access and driveway, to be considered at the outline stage. This will also serve the existing dwelling. This access has already been constructed.

PLANNING HISTORY

None.

POLICY

The site lies partially within the settlement envelope of Wyllie as defined by Policy H5 in the Adopted Islwyn Local Plan (1991-2001). The site also lies within the settlement boundary as defined by Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan (1996 - 2011). The development has been assessed against the standard development control criteria in Policies D1 to D6 of the Islwyn Local Plan, standard development criteria in Policy DC1 of the Deposit Unitary Development Plan, and guidance contained within Development Design Guide 1; The Design of New Housing in Urban Areas.

CONSULTATION

Chief Engineer has no objections subject to conditions.

ANALYSIS

The application site adjoins a recently constructed dwelling, which is in the ownership of the applicant. The current application proposes to develop land that was previously used as an informal car park. The site is now enclosed. A small part of the site is outside the settlement boundary of Wyllie, which is the narrowest part of the site.

Cont…….. Application No. P/03/0682 Continued.

The applicant has submitted a certificate with the application, in which he declares that he is the owner of all the land to which the application relates. The application has been progressed on that basis, and is now for one dwelling only. The site can comfortably accommodate only one dwelling.

The application is now considered to be acceptable in principle, and as the application is now for a single dwelling, it is considered that the site can be satisfactorily developed.

RECOMMENDATION: that permission be GRANTED

This permission is subject to the following conditions:-

(1) Approval of the details of the siting, design and external appearance of the building(s) the means of access thereto and the landscaping of the site (hereinafter called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced. (2) Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. (3) The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. (4) Plans and particulars of the reserved matters referred to in condition 1 above, relating to the siting, design and external appearance of any buildings to be erected, the means of access to the site and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. (5) This permission shall relate to the construction of one dwelling only. (6) The development hereby permitted shall not be occupied until turning facilities are provided within the curtilage of the site as shall be agreed with the Local Planning Authority, to enable vehicles to enter and leave the site in a forward gear at all times. (7) The building shall not be occupied until a means of vehicular access and vision splays have been constructed in accordance with the approved plans. (8) The space within the curtilage of the site to be used for the parking of vehicles and the means of access thereto shall be constructed, surfaced and laid out before the development is brought into use and be thereafter properly maintained, and in accordance with details which shall have been submitted to and approved by the Local Planning Authority. (9) Prior to any construction work being carried out, details of the exact means of enclosure shall be submitted for approval in writing with the Local Planning Authority, which shall include the construction of a rear fence within the existing hedge line. Such details as are approved shall be carried out strictly in accordance with those details prior to the dwelling being occupied.

The reasons for the Council’s decision are:-

(1) The application is made in outline only and to ensure that the development shall be carried out in an orderly and satisfactory manner.

Cont……… Application No. P/03/0682 Continued.

(2 & 4) To comply with the provisions of Section 92 of the Town and Country Planning Act 1990. (3) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (5) To clarify the scope of the development. (6,7 & 8) In the interests of highway safety. (9) In the interest of visual amenity and as the site is in close proximity to the cycleway.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1395 Parks Section, Erect new two team changing 15/10/03 Caerphilly County Borough Council, rooms facilities at Islwyn Welfare Council Offices, Park, Pontllanfraith. Ystrad Fawr, Ystrad Mynach.

APPLICATION TYPE: DEEMED CONSENT

SITE AND DEVELOPMENT

The application proposes new changing rooms to replace the existing flat roof building adjoining the bowling-green at Islwyn Welfare Park, Pontllanfraith. The building measures 15.1m x 7.2m, with a hipped roof and finished in colour coated steel. The building layout indicates two sets of changing rooms with lockers, toilets and showers, a plant room, disabled toilets and a small kitchen. The paving area around the building is to be renewed and extended. New fencing is proposed adjoining the paved area. The details of the fencing have not been forwarded.

PLANNING HISTORY

Reference No. Description Decision Date 2/12620 Conversion and extension of mess room Approved 22.11.95

POLICY

The site lies within the settlement envelope of Pontllanfraith as defined by Policy H5 in the Adopted Islwyn Local Plan (1991-2001). The site also lies within the settlement boundary as defined by Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan (1996 - 2011). The development has been assessed against the standard development control criteria in Policies D1 of the Adopted Islwyn Local Plan. Policy SR1 of the Adopted Islwyn Local Plan is particularly relevant as it states a presumption in favour of proposals for sport and recreation facilities.

CONSULTATION

Chief Engineer raises no objection. He notes that claimed public right of way 172 crosses the park.

Western Power Distribution has no objection, and has forwarded a plan indicating the presence of a pole mounted transformer adjoining the proposed building.

Transco has also forwarded details of apparatus in the vicinity of the site.

Cont………. Application No. P/03/1395 Continued.

The Coal Authority advises that the property is within the zone of influence on the surface from shallow workings in one seam. In view of the mining circumstances it is suggested that a prudent developer would seek technical advice before work is undertaken.

ANALYSIS

The application is for the replacement of a substandard facility. The use is compatible with the main use of the site as a leisure facility. The site is well screened from the rear of the residential properties nearby, and the details of the application are considered acceptable.

RECOMMENDATION that DEEMED CONSENT be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) Before any development commences the developer shall carry out an investigation of the underground strata (the results of which shall be submitted to the Local Planning Authority) in order to satisfy himself as to the stability of the site and the measures which should be taken to mitigate against the risk of subsidence. Details of the design of the foundations of the proposed building(s) and/or proposals for ground treatment shall take account of the result of the investigation and shall be submitted to and agreed with the Local Planning Authority before development commences. The foundations and/or ground treatment shall thereafter be completed in accord with such details as may be approved. (3) Prior to any development taking place details of the external finishes and the fencing shall be submitted to and agreed to in writing with the Local Planning Authority. The development shall thereafter be completed in accordance with the agreed details.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) To safeguard the buildings against the risk of damage from surface subsidence due to underground mining. (3) In the interests of visual amenity.

Advisory Note

The advice of the Chief Engineer regarding the claimed right of way be forwarded to the applicant.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1368 Mr. I. Edwards, Construct detached dwelling at Plot 08/10/03 7 James Street, 1, Graig Rhymney Farm, New New Tredegar. Tredegar.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application relates to the northern part of a site which has the benefit of planning permission for 2 dwellings, which is situated on the eastern side of the A469 just to the south of the Rising Sun Public House. Access to the site is via a recently improved access on the main road. The access dwelling also serves the existing farmhouse that is 80m to the south of the site. The application site is surrounded for the most part by mature trees, however these will be unaffected by the development.

The site, which is flat, has area dimensions of 30m x 20m, and it is proposed to erect a four-bed dwelling that has area dimensions of 15.7m x 10.3m, with an attached garage. The dwelling will have wall finishes of brick with a slate roof finish.

PLANNING HISTORY

Reference No. Description Decision Date P/96/0476 Erect 2 dwellings Granted 05/08/98 P/02/0501 Erect 2 dwellings Granted 12/06/02

POLICY

The site lies within the settlement boundary for Tirphil as identified in Deposit Caerphilly County Borough Unitary Development Plan, and it is considered that the proposal needs to be considered against the general development control criteria contained in Policy DC1 and in relation to Policy H2 which allows limited windfall development inside defined settlement boundaries.

CONSULTATION

Chief Engineer (Highways) has no objection to the proposal given the previous approval and subject to conditions.

The Coal Authority recommends that a prudent developer would undertake a ground investigation.

Cont………. Application No. P/03/1368 Continued.

Environment Agency (Wales) states that a connection to the existing foul sewer is the only acceptable means of disposal of foul drainage within this area subject to the approval of the sewer undertaker.

Welsh Water has no objection to the proposal, however it notes that the access to the site crosses the route of a trunk water main.

Chief Engineer (Drainage) states that the access to the site crosses a small culverted watercourse, and the integrity of this must be maintained at all times.

There has been no objection to the proposal as a result of publicity.

ANALYSIS

The site has the benefit of outline planning approval for residential development, being within the settlement boundary of Tirphil and therefore being consistent with Policy H2 of the Deposit Caerphilly County Borough Unitary Development Plan. The outline approval required an investigation of the ground in relation to the possible contaminants from previous filling operations. Subject to conditions the application is recommended for approval. The siting and design of the proposed dwelling are satisfactory.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) No development shall take place until samples of the materials to be used in the construction of the external surfaces of the dwelling hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. (3) Prior to the development commencing a scheme for the disposal of foul and surface water drainage and for land drainage shall be submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the details as approved. (4) Before development commences the applicant shall submit to and have approved by the Local Planning Authority, a report into existing ground conditions on site in relation to underground strata and possible contaminants on site. The report shall contain recommendations for any remedial action considered necessary as a result of these investigations. The remedial measures shall be completed prior to the residential use hereby approved commencing. (5) The proposed means of access shall be laid-out, constructed and maintained thereafter, with vision splays of 2.4 m x 120 m. (6) No obstruction or planting when mature, exceeding 0.9 metres in height shall be placed within the required vision-splay areas.

Cont……… Application No. P/03/1368 Continued.

(7) Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that order) the garage approved as part of this development shall not be physically altered or converted to any other domestic purpose without the prior approval of the Local Planning Authority. The garage shall be made available at all times for the parking of motor vehicles associated with the residential use of the dwelling hereby approved. (8) Notwithstanding the submitted plans no works whatsoever shall commence until details have been submitted to and approved by the Local Planning Authority which provide a minimum of three off- street parking spaces within the curtilage of the site. Such provision shall be completed in accordance with the details prior to occupation and maintained thereafter free of obstruction for the parking of motor vehicles only.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In the interests of visual amenity. (3) To ensure adequate drainage. (4) In the interests of residential amenity. (5 & 6) In the interests of highway safety. (7 & 8) To ensure that the adequate parking facilities are provided within the curtilage of the site.

Advisory Note

The applicant be notified of the comments of The Coal Authority, Chief Engineer (Highways), Welsh Water, and Environment Agency (Wales)

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1443 Mr. & Mrs. D. Sharrem, Erect two storey extension at side of 24/10/03 Briarleigh, property at Briarleigh, Pendarren Pendarren Road, Road, Aberbeeg. Aberbeeg.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application is for the erection of a two-storey extension to the side of a substantial stone-built end of terrace property on Pendarren Road, Aberbeeg. The extension would be 2.8 metres wide and 6.3 metres deep, and would accommodate an extension to the lounge on the ground floor and a bedroom and study on the first floor. The roof pitch would match that of the main house but since the extension would not be as deep as the main part of the house, the eaves height would be 0.4 metres lower and the ridge height 1 metre lower. The external materials of the extension would be smooth render and a composite slate to match the existing roof material. The proposal incorporates the provision of a parking space in the rear curtilage accessed from the rear lane.

PLANNING HISTORY

None.

POLICY

The site lies within the settlement envelope of Christchurch, Aberbeeg, as defined by Policy H5 of the Adopted Islwyn Local Plan (1991-2001). The site also lies within the settlement boundary as defined by Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan (Proposed Modifications), (1996 - 2011). The development has been assessed against Policies H1 and H4 of the Islwyn Local Plan, standard development criteria in Policy DC1 of the Unitary Development Plan, and guidance contained within Development Design Guide 2; ‘Householder Developments’.

CONSULTATION

Chief Engineer (Highways) has no objections subject to conditions being imposed requiring the provision of the parking facility.

Welsh Water advises that a public sewer crosses the site (this is shown to be across the rear curtilage where the proposed parking space is to be provided), with no development being permitted within the safety zone.

Cont…….. Application No. P/03/1443 Continued.

AVERTISEMENT

Neighbours have been notified of the application and the application has been publicised by means of a site notice. A letter has been received from the occupier of the adjoining detached dwelling, expressing concerns about potential damage to the boundary wall, access to his property for construction and maintenance, loss of light to windows and the loss of the ‘detached state’ of his property.

ANALYSIS

The main considerations are whether the scale, position and design of the proposed extension are in sympathy with the existing dwelling and the general street scene, whether it would have an adverse impact on the amenity of the neighbouring property, and whether adequate off-street parking is proposed.

It is considered that the extension would respect the scale and detailing of the original dwelling and that, by virtue of the slight set-back from the front elevation (0.2 metres from the front wall and 0.9 metres from the front of the bay), the lower roof height and the contrasting external finish, it would remain subservient to the main dwelling. In terms of impact on the street scene, by virtue of the same considerations and the fact that the extension would be some 0.9 metres from the inside of the boundary wall and some 2.5 metres from the adjoining dwelling itself, with that property being set some 1.3 metres lower, it is not considered that a terracing effect would occur.

In terms of the impact on the amenities of the neighbouring property, it is not considered that the extension would have a seriously detrimental effect on that property since it would be in line with a blank side wall; neither is it considered that the extension would result in any appreciable loss of light to the dining room window which is situated further back on the side wall of the rear extension. The neighbour’s concerns regarding potential damage and the need for access to his property are private issues between the two parties, although the question of loading of the side boundary wall would be addressed at the approval and/or inspection stages of Building Regulations.

The proposal is considered acceptable and it is recommended that planning permission be granted.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) The extension hereby approved shall not be occupied until the area indicated for the parking of a vehicle has been laid out in accordance with the plans hereby approved, and that area shall not thereafter be used for any purpose other than the parking of vehicles.

Cont……… Application No. P/03/1443 Continued.

(3) The proposed parking space shall be completed in permanent materials to be first agreed with the Local Planning Authority.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In the interests of highway safety. (3) To ensure that loose stones, mud or other material is not carried on to the public highway, in the interests of highway safety.

Advisory Note

The applicants be advised of the comments of the Chief Engineer (Highways) and Welsh Water.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1458 Director of Education, Erect 15m x 5m mobile building to 27/10/03 Education Offices, provide new nursery unit at Ty Isaf C.C.B.C., Infants School, Mill Street, Caerphilly Road, Risca. Ystrad Mynach, Hengoed.

APPLICATION TYPE: DEEMED CONSENT

SITE AND DEVELOPMENT

Permission is sought for the erection of a mobile building measuring 15m by 5m with a height of 3m to eaves (3.2m to apex). It is to be provided under the Welsh Assembly’s ‘Early 3’s initiative’ and would be positioned immediately to the rear of the existing single-storey nursery school building, between that building and the western boundary of the school site. The area is currently grassed. The building would be some 2.5m from the existing building and some 2m from the boundary. The main windows of the building would face the existing building, the only windows on the western elevation being two high-level toilet windows.

PLANNING HISTORY

None.

POLICY

The site lies within the settlement envelope of the Adopted Islwyn Local Plan as defined by Policy H5. It is also within the settlement boundary as defined by Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan (Proposed Modifications) (1996 - 2011). The proposal has been assessed against standard development control criteria in Policy DC1 of the Unitary Development Plan.

CONSULTATION

Chief Engineer (Highways) has no objection to the proposal.

The occupiers of dwellings to the north and south of the site have been consulted by letter, and a site notice has been posted within the rear curtilage of the Britannia Court complex to the west of the site. No representations have been received to date.

Cont……… Application No. P/03/1458 Continued.

ANALYSIS

The proposed siting of the unit is such that sufficient outside play and amenity space associated with the nursery school is retained, and it is not considered that the amenities of the occupiers of the Britannia Court complex or other dwellings in the vicinity of the site would be unduly affected by virtue of the degree of separation.

A line of silver birch trees lies immediately inside the boundary fencing; the proposed unit will be sited in very close proximity to these trees but although a few small lower branches will need to be removed to facilitate the development, the trees should not suffer any damage.

A temporary condition should be imposed to review the condition of the building after ten years.

RECOMMENDATION that Deemed Consent be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) The building hereby permitted shall be removed and the land restored to its former condition on or before 31st December 2013 in accordance with a scheme of work to be submitted to and agreed in writing with the Local Planning Authority.

The reasons for the Council’s decision are:-

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1374 Mr. L. Pagett, Erect residential development on 09/10/03 88 Greenfield Street, Land adjacent to Mission Hall, New New Tredegar. Road, Argoed.

APPLICATION TYPE: OUTLINE APPLICATION

SITE AND DEVELOPMENT

This application relates to a vacant site situated to the north of the Argoed Community Hall and car park. The site, which is overgrown, has area dimensions of 10 m x 27.5m. The application is in outline with all matters except for siting being reserved. The application shows a dwelling with an integral garage being sited 6.4m from the front of the site.

PLANNING HISTORY

Reference No. Description Decision Date 2/10799 Construct 2 flats Granted 24/07/92 2/10693 Construct 2 flats Withdrawn 04/06/92

POLICY

The site lies within the settlement boundary of Argoed as identified in the Deposit Caerphilly County Borough Unitary Development Plan. Policy H2 allows for the development of appropriate infill and windfall sites within settlement boundaries for residential development. Policy T3.2 which aims to control development access on county routes is also applicable. The standard development control criterion in Policy DC1 should also be taken into account.

CONSULTATION

Chief Engineer (Highways) objects to the proposal due to the lack of turning facilities which will give rise to reversing movements onto a busy road, and the creation of a new access onto the A4048 conflicts with Policy T3.2.

The Coal Authority has no specific recommendations to make.

ADVERISEMENT

There have been no observations received as a result of publicity carried out.

Cont……… Application No. P/03/1374 Continued.

ANALYSIS

Notwithstanding the previous approvals for residential development on the site, the proposal to create a new access point onto the county route is in direct conflict with the policy in the Deposit Caerphilly County Borough Unitary Development Plan. And accordingly the application is recommended for refusal in accordance with the observations of the Chief Engineer.

RECOMMENDATION that Permission be REFUSED

The reasons for the Council’s decision are:-

(1) The proposed development will create a new access onto the County Route A4048, which would not be in accordance with Policy T3.2 of the Deposit Caerphilly County Borough Unitary Development Plan. Such development will increase the number of accesses and turning movements and on-street parking to the detriment of highway safety and efficient movement of traffic. (2) The lack of turning facilities will give rise to reversing movements to and from the highway to the detriment of highway safety, and contrary to Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1251 Mr. S. Williams, Construct detached dwelling on 12/09/03 8 Garden City, Land rear of 54-60 Hill Street, Rhymney, Rhymney. Tredegar.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application relates to the former site of 60 and 60a High Street, which is currently, approached by a rough access track which also serves a further dwelling to the east. The irregular shaped plot has a boundary length of 33m with Hafod Y Mynydd and a maximum depth of 33m. The dwelling proposed is 4 bedroom, having area dimensions of 13.4m x 9.1m. The dwelling is proposed to be orientated so that its front elevation faces towards the rear of the properties on Hill Street.

PLANNING HISTORY

Reference No. Description Decision Date P/98/0608 Residential development Granted 18/09/98 P/98/0352 Erect residential development Withdrawn 10/07/98 5/5/94/0156 Erect residential development Withdrawn 25/05/94 5/5/93/0509 Erect residential development Withdrawn 19/10/93

POLICY

The site lies within the settlement boundary for Rhymney identified in the Deposit Caerphilly County Borough Unitary Development Plan. Policy H2 allows for the development of suitable infill and windfall sites within identified settlement boundaries.

CONSULTATION

Welsh Water has no objection subject to conditions, and also comment that a water main crosses the site, which will require diversion.

Rhymney Community Council raises no objection to the proposal.

The Coal Authority recommends that in view of the mining circumstances in the area that a prudent developer seeks appropriate technical advice.

Cont……… Application No. P/03/1251 Continued.

Chief Engineer (Highways) has no objection subject to conditions, which include the provision of a made up access from Hill Street to the proposed dwelling.

A letter has been received from a nearby resident stating that he was refused planning permission in the past due to the access, the current application propose the same access route and does not object to the current application provided that he gains the same privilege when next he applies.

ANALYSIS

The site has the previously gained outline approval and the development of this site would be consistent with the relevant policies in the Deposit Unitary Development Plan. The application site includes land available to provide access to the site, which is the subject of a condition requiring its improvement. The relationship with the neighbouring properties would be satisfactory. The scale siting and design of the dwelling proposed are considered to be acceptable.

RECOMMENDATION that Permission be GRANTED.

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) The space within the curtilage of the site to be used for the parking of vehicles and the means of access thereto shall be constructed, surfaced and laid out before the development is brought into use and be thereafter properly maintained, and in accordance with details which shall have been submitted to and approved by the Local Planning Authority. (3) No development shall take place until samples of the materials to be used in the construction of the external surfaces of the dwelling hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. (4) The access to the dwelling hereby approved shall be improved from its junction with the existing highway in Hill Street in accordance with details to be submitted to and approved by the Local Planning Authority. The improvement shall consist of the provision of a surfaced carriageway of not less than 4.5m wide, together with adequate radii and visibility splays to Hill Street. These improvements shall be constructed to base course stage before any occupation of the dwelling hereby approved commences, and shall thereafter be completed in accordance with a timetable to be agreed with the Local Planning Authority.

Cont………

Application No. P/03/1251 Continued.

(5) Before any development commences the developer shall carry out an investigation of the underground strata (the results of which shall be submitted to the Local Planning Authority) in order to satisfy himself as to the stability of the site and the measures which should be taken to mitigate against the risk of subsidence. Details of the design of the foundations of the proposed building(s) and/or proposals for ground treatment shall take account of the result of the investigation and shall be submitted to and agreed with the Local Planning Authority before development commences. The foundations and/or ground treatment shall thereafter be completed in accord with such details as may be approved.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) To ensure that adequate on-site parking is available in the interests of highway safety. (3) In the interests of visual amenity. (4) In the interests of highway safety. (5) To safeguard the buildings against the risk of damage from surface subsidence due to underground mining.

Advisory Note

The applicant be advised of the comments of the Coal Authority and Welsh Water

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1422 Mr. A. Elias, Change the use from retail shop to 22/10/03 184 Manor Way, office for financial services at 12 Risca. Commercial Street, Ystrad Mynach.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application relates to a terraced property, which is situated at 12 Commercial Street, Ystrad Mynach. This is currently a mixed-use property consisting of a residential flat at first floor level and a retail shop at ground floor level. The flat has a separate access to the shop. The application proposes the change of use of the ground floor to be used as an office.

The property is located within the main retail area of Ystrad Mynach, opposite the junction of Church Street with Commercial Street and is within settlement limits. A Chinese takeaway is located one side of the property, an opticians on the other side, with mixed use commercial premises located opposite.

PLANNING HISTORY

No recent planning history.

POLICY

The development has been assessed against general development control criteria contained in Policy BE1of the Approved Rhymney Valley District Local Plan, together with similar Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan, Proposed Modifications January 2003. Policy 1DC is also relevant and requires that proposals for development will only be permitted if they meet specified criteria and if they are consistent with the underlying principles of good design, sustainability, and maintaining the identity and vitality of settlements.

The site is within the defined District Town Centre of Ystrad Mynach as stated in Deposit Caerphilly County Borough Unitary Development Plan Policy R1(5).

Policy R9 states:-

“Changes of use of the ground floors of Class A1 retail premises to a use outside this class, within the defined district or sub regional town centres, will not be permitted where a continuous frontage of three or more premises without window displays will be created.”

Cont…….. Application No. P/03/1422 Continued.

Similar Policy R309 (which identifies the shopping centre boundary for Ystrad Mynach) and Policy R7, (which relates to changes of use to non-retails uses on ground floors of units) of the Approved Rhymney Valley District Local Plan are also relevant.

A neighbour consultation exercise was undertaken and the application was advertised on site but no letters have been received in response.

CONSULTATION

Chief Engineer (Highways) has no objection to the development.

ANALYSIS

In terms of Policy R9 of the Deposit Caerphilly County Borough Unitary Development Plan and similar Policy R7 of the Approved Rhymney Valley District Local Plan, referred to above it is considered that the units in the immediate vicinity have window displays, the inclusion of an office unit will not create a continuous frontage of three or more premises without window displays, and as such the application is acceptable.

It is considered that the proposal does not conflict with the policies referred to above and is therefore acceptable in planning terms. The application is accordingly recommended for approval.

RECOMMENDATION that Permission be GRANTED.

This permission is subject to the following conditions:-

The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

The reason for the Council’s decision is:-

To comply with the provisions of Section 91 of the Town and Country Planning Act 1990.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1462 Chief Housing Officer, Close alleyways and change the use 31/10/03 Caerphilly County Borough Council, to gardens at Maes Mabon Housing Ystrad Mynach Housing Office, Estate, Nelson. Ystrad Fawr, Ystrad Mynach.

APPLICATION TYPE: DEEMED APPLICATION

SITE AND DEVELOPMENT

The Council has prepared an Environmental Strategy for the Maes Mabon Estate, the aim of which is ‘To identify opportunities, with significant community participation, for improving the environmental and social quality of life on the estate’.

One of the conclusions reached by the Strategy is that the layout of the estate is dominated by a ‘rabbit warren’ of pedestrian routes and unfenced open space giving widespread public access to what should be private areas. Of particular concern were the short tunnels (alleyways) that pass under bedrooms and provide areas frequently used by individuals to congregate.

This application seeks permission to close 10 of these tunnels located within the estate by sealing off one end with rendered block-work to the top of the existing archway. The remainder of the tunnels and associated paths would be enclosed and incorporated into adjoining gardens with timber fencing, to match existing with gates where necessary, erected along the open boundaries to complete the enclosure.

PLANNING HISTORY

None

POLICY

The proposals should be assessed against the general development control criteria contained within Policy DC1 (standard development control criteria) of the Deposit Caerphilly County Borough Unitary Development Plan ‘Proposed Modifications’.

PUBLICITY

There has been no response to the neighbour notification and site notices.

CONSULTATION

Chief Engineer (Highways) raises no objection subject to the adopted highways being stopped up in accordance with the provisions of the Town and Country Planning Act 1990.

Cont……… Application No. P/03/1462 Continued.

ANALYSIS

The closure of the alleyways will not only help to rationalise the footpath network on the estate, but also remove areas that give rise to anti social behaviour. It is therefore considered that the proposals are acceptable.

RECOMMENDATION that Deemed Consent be GRANTED.

This permission is subject to the following condition:-

The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

The reason for the Council’s decision is:-

To comply with the provisions of Section 91 of the Town and Country Planning Act 1990.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1416 Mrs K. J. Murphy Construct residential dormer 20/10/03 6 Park Road, bungalow on Land adjacent to 6 Maesycwmmer, Park Road, Maesycwmmer, Hengoed. Hengoed.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Full planning consent is sought in respect of the construction of a detached three bedroom, dormer bungalow on a parcel of land at Park Road, Maesycwmmer. The site is located within a predominantly residential area within settlement limits. A pair of two-storey semi-detached dwellings is located either side of the plot along the street, with the side garden of no.1 Pleasant View abutting the rear (western) boundary of the site. An existing garage is located at the rear of the plot. A community centre is located opposite the site.

The site has a frontage of approximately 16.5 metres and is 18.3 metres in depth. The plot is basically triangular in shape and narrows to a width of approximately 5 metres at the rear. The topography of the site is such that there is a difference of approximately 1.67 metres in levels from the front to the rear of the plot, which also slopes gently from north to south.

The dwelling will have maximum area dimensions of 8.6m x 12.9m x 5.4m high. It will provide a lounge, two bedrooms, kitchen/dining, utility and bathroom on the ground floor and third bedroom in the dormer.

The external finishes of the dwelling include artificial slate in the roof, render in the walls - painted white, with red facing brickwork plinth and quoins, and white upvc windows and doors. The dwelling will have two dormers in the front roof slope, and a hipped roof to the rear of the property. The front entrance will be provided in the side, south facing elevation.

An existing concrete drive leading off the front highway will provide access to an existing garage located at the rear of the site immediately behind no.6 Park Road.

PLANNING HISTORY

No recent planning history.

POLICY

The policies of particular relevance to this application are Policies 1DC (development control criteria), DC2 (settlement boundary) and H2 (development on unallocated sites) of the Deposit Caerphilly County Borough Unitary Development Plan: Proposed Modifications – January 2003, together with standard development control criteria contained in Policy DC1.

Cont……… Application No. P/03/1416 Continued.

Policy requires that proposals for development will only be permitted if they meet specified criteria and if they are consistent with the underlying principles of good design, sustainability, and maintaining the identity and vitality of settlements.

Policy DC2 aims to concentrate new development within existing settlements.

Policy H2 permits housing development on windfall sites within settlement boundaries provided neighbouring land uses will not detract from the residential amenity of the development and the development would not result in inappropriate infilling which would spoil the character of an existing residential area.

Criterion B of Policy DC1 requires development to be compatible in land use terms with other land uses in the vicinity. Criterion E of DC1 requires development to be well designed in terms of setting scale, density, layout, materials and landscaping. There are two new criteria within Policy DC1 in relation to parking and servicing which are also relevant.

The development has also been assessed against similar Policy CE1 (which aims to concentrate new development within existing settlements), Policy H2 (permits housing development on windfall sites within settlement boundaries provided the criteria outlined can be adhered to) and Policy BE1 (standard development control criteria) of the Approved Rhymney Valley District Local Plan.

The application was advertised on site and neighbouring properties were consulted but no letters have been received in response.

CONSULTATION

Chief Environmental Health Officer has no adverse comments in respect of the development.

Hyder confirms that foul water and surface water discharges must be drained separately from the site. It also confirms that the site is crossed by a public sewer and provides advice to be conveyed to the developer in respect of the same.

Chief Engineer (Drainage) confirms that an existing culvert crosses the application site and provides advice to be conveyed to the developer in respect of the same.

The Coal Authority provides advice on the mining history of the area but concludes that ground movement from historic underground coal workings should be now have ceased.

Transco and Western Power Distribution advise of the existence of their apparatus within the vicinity of the site.

Cont…….. Application No. P/03/1416 Continued.

Chief Engineer (Highways) has no objection to the development subject to satisfactory access, vision splays and turning facilities. He also provides an advisory note in respect of a vehicular crossover and surface water discharge, to be conveyed to the developer.

ANALYSIS

The Deposit Caerphilly County Borough Unitary Development Plan, in Policy DC1, states that:-

“Proposals for development will only be permitted if they meet specified criteria and if they are consistent with the underlying principles of good design, sustainability, and maintaining the identity and vitality of settlements.”

In terms of good design there is supplementary planning guidance provided in Design Guide 1 – Building Better Places.

The site lies within the settlement boundary (Policy DC2) and infill residential development would therefore be an acceptable use in principle. Although the dormer bungalow does not match the existing surrounding semi-detached dwellings, the only alternative would be a two-storey unit. In the circumstances it is not considered that there is a strong case to merit refusal because of design considerations. It is therefore considered that the proposed scheme is of satisfactory design and scale and will not have an adverse effect upon the character of the surrounding area.

The concerns of the Chief Engineer (Highways) referred to above may be addressed by attaching appropriate conditions to any consent.

It is considered that the proposed scheme would not have an adverse effect upon the amenity of neighbouring properties, does not conflict with the local plan policies and is therefore acceptable in planning terms.

RECOMMENDATION that Permission be GRANTED.

This permission is subject to the following conditions: -

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) Details of a scheme for the means of enclosure of the site shall be submitted to and approved by the Local Planning Authority before the commencement of works on site. Such details as agreed shall be implemented in accordance with the agreed details. (3) The proposed means of access shall be laid out, constructed and maintained thereafter, with vision splays of 2.4m x site frontage, to include the frontage of 6 Park Road, Maesycwmmer, before the dwelling hereby approved is first occupied. (4) No obstruction or planting when mature, exceeding 0.9 metres in height shall be placed within the required vision splay areas.

Cont…….. Application No. P/03/1416 Continued.

(5) Prior to the occupation of the dwelling hereby approved turning facilities shall be provided within the curtilage of the site, as approved by the Local Planning Authority, to enable vehicles to enter and leave in a forward gear at all times. Such details should also include a turning facility for no.6 Park Road to ensure vehicles enter and leave in a forward gear at all times. (6) The building shall not be occupied until the area indicated for the parking of vehicles has been laid out in accordance with the submitted plans to the satisfaction of the Local Planning Authority and that area shall not thereafter be used for any purpose other than the parking of vehicles. (7) Any gates shall be located and fitted so as not to open out over the highway. (8) Notwithstanding the provision of the Town and Country Planning (General Permitted Development) Order 1995 or any order revoking or re-enacting that order with or without modification, no windows or dormer windows, other than those shown on the approved plans, shall be installed in the roof of the dwelling hereby approved without the approval of the Local Planning Authority.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In the interests of visual amenity. (3,4,5,6 & 7) In the interest of highway safety. (8) In the interests of the privacy of neighbours

Advisory Note

(1) The applicant be advised that before any vehicle crosses the public footway a properly formed vehicular crossover must be provided, the constructional details of which should be agreed with the Network Operations Manager, Engineering Division, Tel: (01495) 235387. (2) No surface water shall discharge onto the highway.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1333 Mr. J.A. Watts, Erect conservatory at 26 Coed y Pia, 01/10/03 26 Coed y Pia, The Rise, Llanbradach. The Rise, Llanbradach.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application is for the erection of a rear conservatory, at 26, Coed-y-Pia, The Rise, Llanbradach, Caerphilly. It would be 7.7m wide, 5m deep and 3.2m high at the ridge and consist of a mixture of brickwork, framework and glass.

PLANNING HISTORY

None.

POLICY

The site is located within settlement boundaries as identified in the Deposit Caerphilly County Borough Unitary Development Plan (proposed modifications). The proposal is assessed against Policy DC1 which relates to standard development control criteria.

A neighbour notification exercise has been undertaken to which one neighbour has raised objection. The neighbour’s objection is on the following grounds:-

a) a loss of light due to the height and position of the proposed conservatory; and, b) the loss of view.

ANALYSIS

In respect of the neighbour’s objection, firstly, the proposal is single storey, and located a minimum of 2.5 metres from the neighbour’s nearest window. In addition, the elevation of the conservatory facing the neighbour’s property would extend a distance of 2.7 metres from the main rear wall of the house, with a maximum height of 2.2 metres to the eaves. The conservatory does extend further into the garden, but there is a distance of 2.9 metres between that part of the conservatory and the boundary fence. The part of the conservatory nearest to the boundary would not be considered to be detrimental to the residential or visual amenity of the neighbouring property, but to further ameliorate the situation, there is an existing 1.8 metre high timber fence on the boundary between the two properties, and the height and position of this is more likely to affect the neighbour’s light and view, than would the conservatory.

Cont……… Application No. P/03/1333 Continued.

The proposal would not result in any privacy infringements, and would be constructed of acceptable materials. The proposal is therefore considered to be in compliance with the Development Design Guidance, and the Council’s development plan policies.

RECOMMENDATION that Permission be GRANTED

The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

The reason for the Council’s decision is:-

To comply with the provisions of Section 91 of the Town and Country Planning Act 1990.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1240 Mr. A. Dennis, Erect two storey domestic extension 11/09/03 21 Heol Ty Crwn, at 21 Heol Ty Crwn, Caerphilly. Caerphilly.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application is for the erection of a two-storey side extension, at 21, Heol Ty Crwn, Caerphilly. It would measure 7.7 m wide, 6 m deep and 7.1 m high to the ridge, matching materials would be used.

PLANNING HISTORY

None.

POLICY

The site is located within settlement boundaries as identified in the Approved Rhymney Valley District Local Plan and the Deposit Caerphilly County Borough Unitary Development Plan. The proposal is assessed against Policies BE1 and BE8 of the Approved Rhymney Valley District Local Plan, and Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan, all of which relate to standard development control criteria.

A neighbour notification exercise has been undertaken to which there has been one response. An objection has been received from the owner of the neighbouring property at No.19, Heol Ty Crwn. This neighbouring property is positioned such that it faces the side elevation of the application property, and the owner indicates that the construction of the extension would thus result in the gable end being positioned at a distance of 8.1metres from the front windows of his house. The applicant has served Notice upon this neighbour indicating that he intends to construct part of the proposed extension on his neighbour’s land. The neighbour has therefore also raised objection to part of his garden/driveway being disturbed to lay foundations for the proposal.

ANALYSIS

There are two separate issues to be resolved in respect of this application.

Cont………

Application No. P/03/1240 Continued.

Firstly, the Council’s development design guidance indicates that a minimum separation distance of 10 metres should exist between a window to a habitable room and an opposing flank wall (Appendix 1, Development Design Guide 1, March 2002). The reduction of that distance to approximately 8.5 metres would result in the gable end being positioned too close to the front elevation of No.19, Heol Ty Crwn. The resultant overbearing impact upon that property would be considered to be unacceptable and detrimental to the residential amenity.

Secondly, the neighbour objects to the extension encroaching onto his property, and this has an impact upon the neighbour’s ability to carry out the proposed development on his driveway. The proposal includes a garage, which would serve as the second of two required spaces for this property. The existing driveway is 2.43 metres wide. Without the permission from the neighbour to encroach over the boundary, the construction of a wall inside the boundary would reduce the internal width of the garage such that it would be almost impossible to get in or out of a car once parked inside. Thus, it would be considered unacceptable as the second car parking space.

The applicant has been informed of these factors, and has been offered the opportunity to amend his plans, but to date has not responded.

In conclusion, the proposal, by virtue of its overbearing nature resulting in the detriment to residential amenity, would be in conflict with the Development Design Guidance, and the Council’s Development Control Policies, and should therefore be refused permission.

RECOMMENDATION that Permission be REFUSED.

The reasons for the Council’s decision are:-

(1) The proposal conflicts with Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan 1996 – 2011 (proposed modifications), and the supporting Supplementary Planning Guidance – Draft Development Design Guide No.1 – ‘Housing development in urban areas’, March 2002. It would, by virtue of its form and position, have an overbearing effect upon the neighbouring property, to the detriment of residential amenity. (2) The proposal conflicts with Policy BE8 (a) of the Approved Rhymney Valley District Local Plan 1991 - 2006. It would, by virtue of its form and position, have an overbearing effect upon the neighbouring property, to the detriment of residential amenity.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1177 The Church of Jesus Christ of Construct church meeting house at 19/08/03 Latter Day Saints, Welland Buildings, Abertridwr 751 Warwick Road, Road, Caerphilly. Solihull, West Midlands.

APPLICATION TYPE: OUTLINE APPLICATION

SITE AND DEVELOPMENT

This is an application for outline planning permission for a proposed church meeting house, at land at Welland Buildings, Abertridwr Road, Caerphilly. Details of siting were requested to be determined at this stage, and not therefore left to be submitted as reserved matters for the Authority’s subsequent approval. Plans indicating the position of the proposed building within the site were received on 9th October 2003, which shows the building located centrally on the frontage of the site facing Abertridwr Road.

PLANNING HISTORY

Reference No. Description Decision Date P/03/0277 Retention of change of use to sandwich Approved 24/04/03 production P/01/0810 Use land as storage facility Withdrawn 17/10/01 5/5/91/0079 Change of use to B1/Light Industry Deemed Withdrawn 22/01/96 5/5/90/0383 Change of use from workshop/garage to B2 Refused 06/09/91

POLICY

The proposal is assessed against Policy BE1 of the Approved Rhymney Valley District Local Plan, and Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan (proposed modifications), both of which require all planning applications to conform to sets of standard development control criteria.

The criteria in Policy BE1 against which the proposal would particularly need to be assessed against are:-

a) The proposed use is compatible with the surrounding land uses particularly having regard to the generation of noise, smell, traffic or other nuisance. b) The proposals are not out of scale and character with their surroundings. c) Loading/unloading facilities and/or car parking provision can be satisfactorily provided, d) and e) In residential developments, adequate privacy and daylighting standards can be achieved. Cont…….. Application No. P/03/1177 Continued.

The particular criteria in Policy DC1 are:-

(B) compatible with other land-uses in the vicinity; and, (E) well designed in terms of its setting, scale, density, layout, materials and landscaping; and (*) provides or maintains adequate parking provision for the proposed development.

CONSULTATION

The Mineral Valuer comments that there is a risk of damage from underground mining subsidence and that it would be inadvisable to carry out the proposed development without precautions being taken to reduce that risk.

The Coal Authority indicates that the site is within the likely zone of influence on the surface from workings in three seams of coal at 80m to 470m depths, the last date of working being 1985. Ground movement from these past workings should by now have ceased. The application site is in an area where coal is believed to exist at or close to the surface that may have been worked at some time in the past. Consequently, a prudent developer would seek appropriate technical advice before works are undertaken on site.

Environment Agency (Wales) has no objection, but makes comments, which must be conveyed, to the developer.

Chief Engineer (Highways) has no objection subject to condition contained in the recommendation, and also makes comments, which must be conveyed, to the developer.

Chief Engineer (Drainage) makes no objection, subject to conditions, and also makes comments, which must be conveyed, to the developer.

Chief Environmental Health Officer has no adverse comments in respect of this proposal.

Transco (British Gas) has no objection but provides details of its apparatus in the area.

Western Power Distribution has no objection but provides details of its apparatus in the area, and make comments of which the applicant should be advised.

Welsh Water raises no objection but make comments of which must be conveyed to the developer.

A neighbour consultation exercise was undertaken, together with the posting of a site notice. There has been no response to either.

Cont…….. Application No. P/03/1177 Continued.

ANALYSIS

This proposal is to establish the principle of the erection of a church meeting house on land which is currently used by a variety of different businesses, which fall under differing use classes. Many of these existing uses would generally be considered to be non-conforming uses, which would be better located on either industrial estates or within designated retail areas.

The use of the land in relation to a building to be used as a place of worship would be considered compatible with all of the surrounding land uses. Importantly, the details of siting of the building have been submitted for approval at this stage, and it is clear that the building would be located in such a position to have minimal impact upon neighbouring properties. Moreover, there would appear to be ample space around the building to accommodate adequate on-site parking and although the Chief Engineer (Highways) has no objection, he does require a condition to be attached which would require the upgrading of the existing means of access to the site.

In respect of the adequate draining of the site, Welsh Water have indicated to the applicant that separate drainage facilities exist, in the adjoining development at Brynsiriol, which it would feasible to connect with.

Taking account of all material considerations, the proposal is in conformity with the criteria contained in the development plan policies and, subject to conditions, should be granted planning permission.

RECOMMENDATION that Permission be GRANTED.

This permission is subject to the following conditions:-

(1) Approval of the details of the design and external appearance of the building(s) the means of access thereto and the landscaping of the site (hereinafter called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced. (2) Plans and particulars of the reserved matters referred to in condition 1 above, relating to the design and external appearance of any buildings to be erected, the means of access to the site and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. (3) Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. (4) The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. (5) Details of a scheme for the means of enclosure of the site shall be submitted to and approved in writing by the Local Planning Authority as part of the detailed submissions to be agreed with the Local Planning Authority.

Cont…….. Application No. P/03/1177 Continued.

(6) The development shall not be occupied until the means of access from the public highway have been approved in accordance with details to be agreed with the Local Planning Authority. (7) Before any development commences the developer shall carry out an investigation of the underground strata (the results of which shall be submitted to the Local Planning Authority) in order to satisfy himself as to the stability of the site and the measures, which should be taken to mitigate against the risk of subsidence. Details of the design of the foundations of the proposed building(s) and/or proposals for ground treatment shall take account of the result of the investigation and shall be submitted to and agreed with the Local Planning Authority before development commences. The foundations and/or ground treatment shall thereafter be completed in accord with such details as may be approved.

The reasons for the Council’s decision are:-

Advisory Note

The applicant be advised of the comments of the Chief Engineer (Highways & Drainage), and Welsh Water.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1330 Mr. T. Jones, Convert loft at Willows, 91 St. 01/10/03 Willows, Martins Road, Caerphilly. 91 St. Martins Road, Caerphilly.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application is for a proposed loft conversion, at “Willows”, 91, St. Martin’s Road, Caerphilly.

The existing property is a 1930’s built semi-detached house constructed of red brickwork to ground floor, rendered/dashed walls to first floor and a natural slate roof. The property has a lean to ground floor rear extension and a detached garage.

The proposal is for the construction of a gable end to replace the existing hipped side of the main roof, and the erection of a box dormer to the rear elevation. The dormer would extend to the full height of the main ridge of the roof, and would be almost full width of the house. Very little of the original roof plane to the rear would remain if the extension were to be constructed, i.e. almost the whole roof at the rear of the house would be replaced by the box dormer.

PLANNING HISTORY

None.

POLICY

CONSULTATION

Chief Engineer (Highways) has no objection.

A neighbour notification exercise has been undertaken to which there has been two letters of objection. The objections have been made in respect of the alterations to the roof, and the grounds of objection may be summarised as follows:-

Cont…….. Application No. P/03/1330 Continued

1. the extension to the roof-line would be out of character with the original house; 2. the proposal would obstruct the view of Caerphilly; 3. the proposals are not in compliance with Design Guidance; 4. the symmetry of the pair of semi-detached houses would be destroyed; 5. the pair of houses and those nearby are excellent examples of 1930’s design, and the proposal would remove that character, and have an adverse effect upon the street scene.

ANALYSIS

In respect of the comments from neighbours, firstly, the grounds of objection due to the loss of view are not considered to be a valid reason for objection, as in planning terms there is no automatic right to a view. The other grounds of objection all relate to the effect upon the character that the alteration would have upon the house and the surroundings. The rear roof plane of the house is not visible from the public domain, but would be a prominent feature when viewed from neighbouring rear gardens. In addition, the side elevation of the dormer extension would be visible from St. Martins Road. The proposal to replace the existing side hip with a gable end would create an imbalance in the pair of semi-detached houses, unacceptably altering the character of the pair and having an adverse impact upon the street scene.

In respect of the Council’s design guidance, it states:-

“The size and scale of the dormer should not dominate the original roof. Wide box dormers are likely to be out of scale and may have an adverse effect on the appearance of your house and the wider street scene. Two smaller dormers may greatly improve the overall visual effect and may be more in keeping with the character of the area. As a general principle the dormer should not normally exceed 50% of the original roof plane.”

The accompanying notes state:-

“Generally dormers should be set below the original roof ridge and should have a pitched roof design that is in keeping with the original roof. Flat roof dormers are not generally acceptable.”

Therefore, the proposed flat roof development does not comply with the general principles for dormer extensions contained in the design guidance, does not comply with the relevant criterion of Policy DC1, and is considered to be unacceptable in visual amenity terms, by virtue of its effect both upon the character of the dwelling and upon the street scene in general, and the application should be refused permission.

RECOMMENDATION that Permission be REFUSED.

The reasons for the Council’s decision are:-

Cont…….. Application No. P/03/1330 Continued.

(1) The proposal conflicts with Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan 1996 - 2011, and the supporting Supplementary Planning Guidance - Development Design Guide No.2 - Householder Developments, September 1999. It would, by virtue of its scale and design, dominate and detract from the basic character of the existing pair of dwellings, and would be an incongruous element, thereby having an adverse impact on the street scene, to the detriment of visual amenity. (2) The proposal is in conflict with Policy BE1(b) of the Approved Rhymney Valley District Local Plan. It would, by virtue of its scale and design, dominate and detract from the basic character of the existing pair of dwellings, and would be an incongruous element, thereby having an adverse impact on the street scene, to the detriment of visual amenity.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1187 Mr. M. Watkins, Erect residential development on 26/08/03 Glan Rhymney Farm, Land at Glan Rhymney Farm, Tiryberth, Tiryberth, Hengoed. Hengoed.

APPLICATION TYPE: OUTLINE APPLICATION

SITE AND DEVELOPMENT

This proposal is an outline submission for the erection of residential development on land at Glan Rhymney Farm, Tiryberth.

The proposed development site lies on New Road (A469) on the southern edge of Tiryberth. Immediately to the north of the site is recreational space, in the form of a football ground, playground and green space, this in turn is bordered to the north by a residential area consisting of semi-detached dwellings. The eastern boundary runs parallel with New Road (Route A469) and the New Road employment sites identified as E1 (11) and E2 (10) in the Deposit Caerphilly County Borough Unitary Development Plan. Policy T15 (16)) allocates the land to the southeast of the site for a riverside walk. Agricultural land is located to the south; it is identified as Green Wedge C13 (16) in the Deposit Caerphilly County Borough Unitary Development Plan. To the west of the site there is agricultural land (Green Wedge Policy C13 (16)) and the Rhymney Valley Railway Line.

An existing farmhouse and residential conversion are located in a central position towards the western boundary of the site with agricultural outbuildings and a farm shop surrounding these. The vehicular entrance to the existing buildings is located along New Road on the eastern side of the site. The site slopes gently from the west to the east of the site. A number of trees are located along the northern boundary with the football ground with hedgerows located along the boundaries of the site except on the western side close to the residential buildings. Overhead electricity lines and telephone wires supported by wooden poles intersect the site.

This is an outline application, in respect of residential development, with all other matters being reserved for future consideration.

PLANNING HISTORY

Reference No. Description Decision Date 5/5/89/0413 Change the use from agricultural building Withdrawn O9/01/81 to a two storey dwelling house for agricultural worker P/00/0655 Change of use of a redundant building to a Approved 14/9/00 dwelling house P/01/0669 Erect conservatory Approved 20/8/01

Cont………. Application No. P/03/1187 Continued.

POLICY

The site is located outside the settlement limit for Tiryberth as defined by Policy EV1 of the Adopted Mid Rhymney Valley Local Plan, 1986 together with policy CE1 of Part A of the Approved Rhymney Valley District Local Plan, therefore residential development would not be in accordance with Policy CE1 (Development beyond the Settlement Limits) and Policy CE3 (Green Wedges) of that Plan. The land is included within the Settlement Boundary for Tiryberth as defined by Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan. Therefore on principle the land at Glan Rhymney Farm is acceptable for residential development on policy grounds.

The policies of particular relevance to this application are Policies H1 (sites for residential development) 1DC (development control criteria), DC2 (settlement boundary) DC1 (standard development control criteria) of the Deposit Caerphilly County Borough Unitary Development Plan: Proposed Modifications – January 2003.

Policy DC2 aims to concentrate new development within existing settlements.

Criterion B of Policy DC1 requires development to be compatible in land use terms with other land uses in the vicinity. Criterion E of DC1 requires development to be well designed in terms of setting, scale, density, layout, materials and landscaping. There are two new criteria within Policy DC1 in relation to parking and servicing which are also relevant.

Planning Policy Wales (March 2002) states that:-

“Where substantial new housing is to be permitted, plans should include policies to make it clear that developers will be expected to provide open space which is reasonably related in scale and location to the development.”

Policy L9 of the Deposit Caerphilly County Borough Unitary Development Plan supports this view and states that:-

“New developments of 25 or more houses will be required to include adequate provision for well designed open space and appropriate children’s play facilities. Alternatively, a contribution of a commuted sum will be sought for provision off-site.”

Policy H3 of the Deposit Caerphilly County Borough Unitary Development Plan, also requires that:-

Cont………. Application No. P/03/1187 Continued.

“The Council will seek to negotiate with developers for the provision of an element of affordable housing on all housing sites of more than 35 dwellings where there is evidence of need and where site conditions allow.”

Similar Policy BE1 (standard development control criteria), of the Approved Rhymney Valley District Local Plan is also relevant, together with local plan policy H2 (development on unallocated sites), and Policy H5 (affordable housing).

The development has been advertised on site and in the press, both as development affecting a public right of way and also as development, which does not accord with the provisions of the Adopted Mid Rhymney Valley Local Plan. One letter has been received from the factory opposite the site, making the following points:-

• The development will result in industry and housing being close to each other. • The factory oprates on a 24 hour, 7 days a week basis, and whilst they have an excellent relationship with local residents, they would not wish to see this position jeopardised by the introduction of more local residents. • 150 new jobs have been created at the site in the past 6 years with the support of Caerphilly County Borough Council, the Welsh Development Agency and Welsh Assembly Government. Plans to further expand are currently being developed, and the close proximity of dwellings could seriously compromise further employment opportunities. • The proposed will set a precident for further residential development of all the land north of Glan Rhymney Farm, thereby aggravating the problems mentioned above.

A further letter has been received objecting to any development that affects the public right of way within the site.

CONSULTATION

Chief Engineer (Highways) has no objection to the development subject to the site boundary fronting the A469 being set back and a 2 metre wide footway being provided which shall link to existing pedestrian facilities, the site being served by a single means of access from route A469, with pedestrian and public transport facilities being completed in accordance with the agreed details prior to beneficial occupation of any dwelling. He also confirms that the developer will be required to enter into a legally binding highways agreement supported by a bond in order to carry out the necessary works within the highway. Also, Public Footpath 11 Gelligaer crosses the site and must be dealt with in accordance with statutory requirements.

Transco and Western Power Distribution advise of the existence of their apparatus within the vicinity of the site and provide advice to be conveyed to the developer.

Cont…….. Application No. P/03/1187 Continued.

The Coal Authority has no adverse comments in relation to the development but advises that a prudent developer would seek appropriate technical advice before works are undertaken on site and that the responsibility for carrying out any development in a safe manner rests with the developer.

Hyder advises that foul and surface water discharges must be drained separately from the site and that no development shall commence until a scheme for the comprehensive and integrated drainage of the site has been submitted and agreed by the Local Planning Authority.

Chief Environmental Health Officer has no adverse comments in respect of the development, but advises that the developer should undertake a noise assessment, which will identify the need for noise mitigation measures.

Chief Engineer (Drainage) provides advice to be conveyed to the developer in respect of surface water discharge.

Gelligaer Community Council raises no objection to the development.

Glamorgan and Gwent Archaeological Trust Ltd has no objection to the development.

ANALYSIS

The proposed site lies within the Area of Growth identified within Part One of the Deposit Caerphilly County Borough Unitary Development Plan. The objective of the Area of Growth is “To stimulate development centred on improvements to the A472 and the provision of major industrial sites.” As the site is located within an Area of Growth, the Deposit Caerphilly County Borough Unitary Development Plan states:- “It is appropriate that provision for economic growth be paralleled by provision for house building, particularly in view of the limited provision in the area of consolidation.”

The policies of particular relevance to this application are Policies DC1 and DC2 of the Deposit Caerphilly County Borough Unitary Development Plan: Proposed Modifications - January 2003. The proposed development site lies on New Road on the southern edge of Tiryberth and offers the opportunity to provide a housing development close to an employment area and the village’s facilities. It is considered that the development of this site adheres to Policy DC2 in that it promotes the full and effective use of urban land and serves to concentrate new development within the settlement of Tiryberth.

Criterion B of Policy DC1 requires development to be compatible in land use terms with other land uses in the vicinity. The site is close to the New Road Employment Area and also the Rhymney Valley Railway Line and in this context there is potential for noise pollution. The design, orientation and layout of development should ensure that the potential for noise pollution is taken into account in order to minimise impact to residential development. These aspects of the development have been reserved for future consideration. However, given that the satisfactory development of the site will be dependant upon a satisfactory acoustic barrier and landscaping scheme to the most sensitive areas, it is considered appropriate to attach conditions to any consent requiring the same.

Cont………… Application No. P/03/1187 Continued.

Criterion E of DC1 requires development to be well designed in terms of setting, scale, density, layout, materials and landscaping. There are also two new criteria within Policy DC1 in relation to parking and servicing. The total size of the site is approximately 1.57 hectares. Based on the figure of 25 units per hectare (as outlined in the Deposit Caerphilly County Borough Unitary Development Plan) the site is capable of accommodating approximately 39 units. It is noted from the application that all matters in relation to siting, design, external appearance, means of access and landscaping are reserved matters for future consideration.

The development will be required to include open space and appropriate children’s play facilities in accordance with Policy L9 of the Deposit Caerphilly County Borough Unitary Development Plan. There is recreational space located to the north of the site in the form of a football pitch, open grassland and a children’s playground. This recreational open space is within reasonable walking distance; therefore it is considered appropriate for the potential developer to make a contribution to upgrade facilities in that location. The number of dwellings to be constructed on the site would determine the extent of recreational need and would set a starting point for negotiations as to the level of contribution. The development will also be required to include a formal area of useable public open space within the heart of the new development to act as a focal point for the new development. This should be linked to the existing provision to the north of the landscape corridor. In this respect it is recommended that a S.106 agreement will be sought to achieve an appropriate open space provision and a contribution to the improvement of the existing recreational facilities.

The development will also be required to incorporate an element of affordable housing in accordance with Deposit Caerphilly County Borough Unitary Development Plan Policy H3. The term affordable housing is used within the context of Policy H3 to encompass both low cost market and subsidised housing (irrespective of tenure, exclusive or shared ownership, or financial arrangements) that will be available to people who cannot afford to occupy houses generally available on the open market. It is recommended that the S.106 Agreement includes a requirement for the site to provide for affordable housing based on an assessment of housing in the area, which confirms a continuing need for the provision of new affordable housing in this area.

The development should adhere to Policy C12 of the Deposit Caerphilly County Borough Unitary Development Plan and have regard to supplementary planning guidance contained in Design Guide 10 ‘Trees and Development’. It is important that as many trees as possible along the northern boundary of the site are retained in the public realm. It is also important that the trees located toward the centre and southern boundaries are retained either in the public or private realm to add character to the development. The hedgerows surrounding the site should be kept in the public realm as they provide important ecological and wildlife habitats as well as contributing towards the character of the site. In this respect it is recommended that the S.106 Agreement includes for the maintenance of these hedgerows.

The concerns of the local business are noted, but the Chief Environmental Health Officer has not raised any objections, subject to the need for a noise assessment. A number of factors will mitigate the effect of the existing industry on the proposed residential development. A busy main road runs between the two sites, and the industry is served by a service road, thereby further increasing the distance between the two. Cont……. Application No. P/03/1187 Continued.

A noise assessment, which can be required by condition, will identify whether measures such as a bund or a noise barrier will be required through the reserved matters procedure to further minimise the effect of noise.

With regard to the footpath, this can be accommodated within the development, and any diversion will have to be authorised under the appropriate statutory procedure.

To conclude, it is considered that the principle of the proposed residential use on the site is acceptable, however all other matters should be reserved in order to ensure that any future development can adhere to Policies DC1.

RECOMMENDATION that Permission be DEFERRED pending the completion of a S.106 Agreement requiring open space provision within the site, a negotiated contribution to the improvement of existing open space and play area to the north of the site together with the maintenance of existing hedgerows in this area and existing trees located in the centre and southern boundary of the site and to ensure that within the site affordable housing shall be provided at a level to be negotiated based on the housing needs of the area.

On completion of the S.106 Agreement officers be delegated to approve the application with the following conditions: -

(1) Approval of the details of the siting, design and external appearance of the building(s) the means of access thereto and the landscaping of the site (hereinafter called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced. (2) Plans and particulars of the reserved matters referred to in condition (1) above, relating to the siting, design and external appearance of any buildings to be erected, the means of access to the site and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. (3) Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. (4) The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. (5) The site boundary fronting the A469 shall be set back and a 2 metre wide footway provided which shall link to existing pedestrian facilities to the north of the site in accordance with details to be submitted to and approved by the Local Planning Authority prior to any works commencing. The footway shall thereafter be completed in accordance with the agreed details prior to the occupation of any dwelling. (6) The site shall be served by a single means of access from route A469 located in accordance with details to be agreed with the Local Planning Authority. Such details shall include vision splays of 4.5m x 90m from the access along the A469, provision of a right holding lane on the A469 together with facilities to assist pedestrians to cross the A469 and revised location and provision of public transport facilities shall be completed in accordance with the agreed details prior to the occupation of any dwelling.

Cont…….. Application No. P/03/1187 Continued.

(7) No development shall commence until the developer has prepared a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water and land drainage will be dealt with and this has been agreed in writing by the Local Planning Authority. (8) Details be forwarded in compliance with condition (1) shall include means of enclosure and boundary treatment. Such details as are agreed shall be carried out in full prior to the occupation of the dwelling hereby approved. (9) No development shall take place until there has been submitted to, and approved by, the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of development. Thereafter the scheme shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. (10) Prior to the development of the site, details of the construction, height and location of appropriate noise barriers on the southern and northern perimeter of the site shall be submitted to and approved by the Local Planning Authority. These barriers shall be erected prior to the occupation of any dwelling. (11) Details of a pedestrian link to be provided between the site and the existing recreational area to the north of the site shall be submitted to and agreed with the Local Planning Authority, and shall be completed to a timescale to be agreed in writing by the Local Planning Authority. (12) Prior to the commencement of work on site, a noise assessment shall be carried out at the site, the outcome of which shall be submitted to and agreed in writing with the Local Planning Authority. That assessment shall include measures for the mitigation of noise at the residential development hereby approved, and those measures shall be carried out in full prior to the occupation of that development.

The reasons for the Council’s decision are:-

Cont……….

Application No. P/03/1187 Continued.

Advisory Note

1. The developer will be required to enter into a legally binding highways agreement supported by a bond in order to carry out the necessary works within the highway. 2. Public Right of Way Footpath 11 Gelligaer crosses the site and must be dealt with in accordance with statutory requirements. 3. The applicant be notified of the comments of the Chief Engineer (Drainage & Highways), Transco, Western Power Distribution, Hyder, Chief Environmental Health Officer, Railtrack and The Coal Authority.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1378 Drs. S & Y Navaratnum & Convert doctors surgery to two self 10/10/03 Dr. S. Kugathasan, contained flats and renovation of Sunnybank Health Centre, existing ground floor flat at Bryn Road, Sunnybank House, Sunnybank Cefn Fforest, Road, Blackwood. Blackwood.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

The application proposes the change of use of a doctor’s surgery to two flats and the renovation of the exiting ground floor flat. Plans indicate that the accommodation, which was the former surgery will be converted to two one-bedroom flats with a porch, lounge, kitchen and bathroom. These adjoin an existing flat, which also has a similar internal arrangement. It should be noted that the first floor of the property is also converted to two separate flats. No off street parking has been provided for the proposed change of use.

PLANNING HISTORY

Reference No. Description Decision Date P/03/0108 Change of use from flats and surgery to Approved 05/03/03 single dwelling. 2/6197 Extension to dining room, covered hallway Approved 26/10/84 and alteration to garage roof- Arpen house 2/2379 Bedroom, porch/conservatory extension- Approved 17/08/78 Arpen House

POLICY

The site lies within the settlement envelope of Blackwood as defined by Policy H5 in the Adopted Islwyn Local Plan (1991-2001). The site also lies within the settlement boundary as defined by Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan (1996 - 2011). The development has been assessed against Policy H10 of the Adopted Islwyn Local Plan and Policy H5 of the Deposit Caerphilly County Borough Unitary Development Plan. Both these policies refer to the conversion of suitable properties into flats, and the criteria against which the application will be considered.

These include the following:-

Cont……….

Application No. P/03/1378 Continued.

a) The primary means of pedestrian access from all dwellings can be provided to a main or principle road. b) Adequate provision is made within the curtilage of the property for amenity of all residents, including the storage of domestic refuse. c) There is no harm to the amenity, character or appearance of neighbouring building and the locality.

CONSULTATION

Chief Engineer raises no objection to the proposal, based on the previous use of the site as a doctor’s surgery.

The adjoining properties were notified of the application and it was advertised on site. A petition containing signatures from all the occupiers of Parklands has been received. The objections are as follows:-

1. There is no provision for car parking. Five flats could mean ten cars.

2. The existing flats with no parking provision already causes considerable problems to the residents of Parklands.

3. Parklands is unsuitable for on street parking as it is 5.6 m wide, narrower than a street where on street parking can be accommodated.

4. If a wide car were to be parked, the gap left would be very narrow, and would not allow wider vehicles such as ambulances delivery vehicles or refuse lorries, to gain access.

5. On street parking would make it difficult for the residents to get in and out of their own driveways.

6. Parklands already has a fair share of family cars which park outside the dwellings.

7. An increase of possibly 10 cars on a street of 14 dwellings would cause a great deal of stress.

8. The residents of Parkland already experience problems with the existing occupiers of the flats parking outside their home. More recently, an elderly occupier of a dwelling at Parklands, was bullied by the occupier of one of the flats, over a disagreement over parking on the street.

9. Although it is legal to park on the highway this causes difficulty for the residents reversing out of the driveway.

Cont………. Application No. P/03/1378 Continued.

ANALYSIS

The application site is a large building, which has two self-contained flats on the first floor with a single flat on the ground floor. Other rooms on the ground floor have been used as a doctor’s surgery, and it is these that are to be converted to two separate flats. In total the building will contain five self- contained one-bedroom flats. Apart from the short length of driveway at the access there is no available parking.

There is land to the side of the property, which however cannot be accessed from the highway, as the land is at an elevated position supported by a high wall. There is no record of the three existing flats being granted permission.

Earlier this year an application was made to change the use of the whole building from flats and surgery to a single dwelling. Although this was approved the consent has not been implemented, as the applicant did not purchase the property.

The plans indicate self- contained one- bedroom flats. The objection reported above by the occupiers of Parkland, are noted. As an adopted highway there is nothing preventing a member of the public from parking on a public highway. Although the parking of cars outside a house can be annoying to some occupiers, it is not illegal.

As there is no planning record regarding the existing flats at the premises, it appears that the use has been carried on without the provision of off-street parking. There is concern that the development does not conform to the policy on conversion to flats in both the Adopted Islwyn Local Plan and the Deposit Caerphilly County Borough Unitary Development Plan. These concerns are also expressed in the representations made to the current proposal, by nearby residents who claim that the existing flats cause problems to them. The present problem is the basis of their concern, as there would be an intensification for the demand of on street parking created by the grant of permission for additional flats in an area which already suffers from a shortfall.

However the Chief Engineer raises no objection to the proposal based on the former use. He is of the opinion that although the doctor’s practice has now moved elsewhere, it could still be occupied by another practice relying on the lawful use of the site. He feels that such a use would have a greater demand on the ‘on street’ parking than the proposed flats.

It is noted that parking associated with the surgery would be different, in that the demand would be intermittent, restricted to the opening hours of the surgery, which normally excludes weekends. On the other-hand, the parking associated with the flats would be mainly in the evenings when residents are at home, and include weekends.

If all the residents of the flats had cars, it would result in the demand for parking spaces on the nearby highway system during the evening and weekend as suggested by the petitioners. However, the flats are small, and there is a likelihood that their occupants will not have cars. Furthermore, in view of the previous use of the premises it would not be reasonable to refuse permission.

Cont………. Application No. P/03/1378 Continued.

RECOMMENDATION that Permission be GRANTED.

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) Prior to the use commencing details of clearly defined amenity areas to serve the proposed and existing flats shall be forwarded to the Local Planning Authority for agreement in writing. The agreed details shall be carried out in full, prior to the occupation of the flats hereby approved commencing, and shall thereafter be maintained as amenity areas for the individual flats.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In the interest of amenity of the future occupiers.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1473 Mr. A. Evans, Erect pigeon loft on Land rear of 30/10/03 2 Bryngwyn Cottages, Bryngwyn Cottages, Newbridge. Newbridge. Crumlin.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

The application site forms part of a relatively flat area of land to the north-east of Bryngwyn Cottages, which is a group of five dwellings in two groups with access via an unmade track off New Bryngwyn Road. The area has the appearance of waste ground and is bounded by wooded areas to the north and west (with a wooded banking to the north between the site and dwellings on Beechwood Close) and a hedge bounding a ‘leisure plot’ to the south-east.

There is some evidence that the area was formerly occupied by sporadic garages and other buildings. To the south-west of the application site and adjoining No.5 Bryngwyn Cottages is a large pigeon loft on tall stilts; this has not had the benefit of planning permission but would now seem to be lawful by virtue of the 4-year rule. The Ordnance Survey plan indicates a former building measuring 20m by 5m within the application site itself and the current application form claims that the building was in use as police kennels up to 10 years ago.

The proposed development consists of the erection of a pigeon loft measuring 7.5m by 2.8m on the site of the former building; it would be raised on brick pillars and have an overall height of 3m from ground level. The building would be timber clad with a green felt roof, and have two sliding timber doors (accessed by sets of steps) and high-level windows on the front elevation.

PLNNING HISTORY

None

POLICY

The site lies immediately outside the settlement envelope of the Adopted Islwyn Local Plan as defined by Policy H5. It lies within the settlement boundary as defined by Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan (Proposed Modifications) (1996 - 2011), and adjoins the Pentwyn-Isaf Woodlands SINC (Site of Importance for Nature Conservation) – Policy C10 (71). Policy C10 states a presumption against development within or in the vicinity of SINCS that would have a harmful impact on the protected features of such sites. The proposal has also been assessed against standard development control criteria in Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan.

Cont………. Application No. P/03/1473 Continued.

CONSULTATION

Chief Engineer (Highways) has no objection to the proposal.

Chief Environmental Health Officer has no adverse comments subject to a condition concerning the satisfactory disposal of waste.

A site notice has been displayed in the vicinity of Bryngwyn Cottages and no representations have been received to date.

ANALYSIS

In the light of the general appearance and historical usage of the site and adjoining land, and its inclusion within the settlement boundary of the Deposit UDP, there is not considered to be an objection in principle to the proposed use. The site adjoins a SINC but the proposed development will not harm its protected features. The site is well screened by natural features.

The proposed pigeon loft would be some 35m from the nearest dwelling in Bryngwyn Cottages, and some 30m from the nearest dwelling in Beechwood Close, which is sited at a higher level above the intervening wooded slope. It would be some 22m from the nearest part of the garage/caravan centre site for which outline permission for residential development has been granted, but would be screened from that site by the intervening hedge and ‘leisure plot’. It is, therefore, not considered that the proposed pigeon loft would have any detrimental effect on residential amenity.

The proposal is considered to be acceptable in terms of visual and residential amenity. However, given the temporary nature of the building it is recommended that permission be granted for 10 years to allow the condition of the building to be reviewed.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) The building hereby permitted shall be removed from the site and the land restored to its former condition on or before 31st December 2013. (3) Notwithstanding the submitted details, no development shall take place until a sample of the external cladding material has been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details. (4) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no fence, wall or other means of enclosure shall be erected on the site without the prior written approval of the Local Planning Authority. Cont………. Application |No. P/03/1473 Continued.

(5) Prior to the use of the building hereby approved commencing, details of the disposal of waste arising from the development shall be submitted to and agreed in writing with the Local Planning Authority. The use of the development shall be carried out in accordance with the agreed details.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) It is the policy of the Local Planning Authority to review this type of temporary development periodically in the interests of the visual amenity of the area. (3) In the interests of visual amenity. (4) In order to retain effective control over the development in the interests of visual amenity. (5) In the interests of residential amenity.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1402 Ms. L.A. Harding, Change the use of property from 17/10/03 81 Ty-Isaf Park Avenue, commercial building to residential Risca, at 19 Alexandra Road, Ynysddu. Newport.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Permission is sought for the change of use of the ground floor of this end of terrace property from shop to residential; the shop currently forms one half of a shop unit occupying this and the adjoining property. The premises would retain the same internal layout with the current shop and storeroom being converted to a lounge and dining room respectively. The shop-front with central door would be replaced by a door and window whose positions and proportions would match those of the original frontages in the terrace. The new ground floor front elevation would be rendered to match the existing first floor finish with render quoins to the door and window surrounds and edge of the building to match those on the first floor and other properties in the terrace.

PLANNING HISTORY

None.

POLICY

The site lies within the settlement envelope of Ynysddu as defined by Policy H5 of the Adopted Islwyn Local Plan and within the settlement boundary as defined by Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan (Proposed Modifications). The proposal has been assessed against Policy R10 (Conversion of Retail Units to Residential) of the Deposit Caerphilly County Borough Unitary Development Plan, and the standard development criteria contained in Policies D1 and D5 of the Adopted Islwyn Local Plan and Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan.

CONSULTATION

Chief Engineer (Highways) has no objection.

Adjoining properties were notified of the application and it was also advertised by means of a site notice; no objections have been received.

Cont………. Application No. P/03/1402 Continued.

ANALYSIS

The property is situated in a residential area and its change of use to a dwelling is considered to be acceptable; there is no policy objection to the loss of shop accommodation in this locality. Amended drawings have been received which ensure that the design of the residential frontage would match those of the other dwellings in the terrace, resulting in no adverse impact on the street scene or the character of the area.

The proposal is, therefore, considered to be acceptable in policy terms and in terms of residential and visual amenity.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) This permission relates to the amended drawings 101 Rev. B and 102 Rev. B received on 19th November 2003.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) For the avoidance of doubt as to the approved scheme.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1429 Punch Pub Company, Change the use from A3 to A3/C1 23/10/03 Jubilee House, and erect extensions at The Royal Second Avenue, Oak, Oak Lane, Machen. Burton upon Trent, Staffs.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application is for the change of use from a public house (A3) to a mixed use as public house and first floor letting rooms (A3/C1), and the erection of extensions to facilitate that change of use, at The Royal Oak Public House, Oak Lane, Machen.

The proposal would result in the creation of four letting rooms at first floor level, and the displaced staff residential accommodation would be re-located in the loft conversion, at second floor level. The proposals would include external alterations to provide a revised ground floor lobby, with access to first floor, a stair well to the second floor, and a dormer window in the roof of the north facing elevation.

PLANNING HISTORY

None.

POLICY

The site is located within settlement boundaries as identified in the Approved Rhymney Valley District Local Plan and the Deposit Caerphilly County Borough Unitary Development Plan. The proposal is assessed against Policies BE1 of the Approved Rhymney Valley District Local Plan, and Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan (Proposed Modifications), both of which relate to standard development control criteria.

CONSULTATION

Chief Engineer (Highways) raises no objection subject to a condition in respect of off-street parking.

Chief Environmental Health Officer has no adverse comments but draws attention to the need for a ventilation lobby between the toilets and the eating areas, and asks that this advice be passed to the developer.

A neighbour notification exercise has been undertaken, and a site notice erected at the site, to which there has been no response. Cont……… Application No. P/03/1429 Continued.

ANALYSIS

The assessment of this proposal hinges upon the compatibility of the mixed use within the surrounding area. The public house is located within a residential area, and has the potential for disturbance or nuisance to the neighbouring properties, particularly at closing time at the end of the evening. However, that is the existing use, and the proposal to include letting rooms at the premises is not considered to be a use, that would have any further detrimental effect upon the amenity of the residential surroundings. In addition, the introduction of 4 letting rooms would not result in a significant rise in vehicular movements at the premises. Thus, the use as public house and letting rooms (A3/C1) would be considered to be a compatible land use, and therefore would comply with Policies BE1 and DC1. In respect of the proposed alterations to the building, there would not be any adverse effects upon neighbouring properties, and the extensions would be constructed of matching materials, and would also comply with the development plan policies.

RECOMMENDATION that Permission be GRANTED.

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) The proposed additional parking area and access thereto shall be completed in materials as agreed with the Local Planning Authority, to ensure loose stones or mud etc. is not carried onto the public highway. The car park shall be provided before the use hereby approved commences and shall thereafter be maintained free of obstruction for the parking of motor vehicles only.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In the interests of highway safety.

Advisory Note

The applicant is advised of the view of the Council’s Chief Environmental Health Officer.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1465 Mrs. K. T. Yau, Vary cond. no. 1 of P/02/0482 to 24/10/03 23 Herons Way, read hours of opening of premises Castle View, shall be restricted to 17.30-23.00 Caerphilly. hours Monday to Saturday & 17.30- 22.30 hours on Sunday at 9 Thomas Street, Abertridwr, Caerphilly.

APPLICATION TYPE: NON COMPLIANCE WITH COND

SITE AND DEVELOPMENT

This application is for the variation of planning condition no.1 of planning permission P/02/0482 to extend the hours of opening, at No.9, Thomas Street, Abertridwr.

The existing planning condition is “The hours of opening of the premises shall be restricted to between 1800 hours and 2300 hours Mondays to Saturdays and 1800 hours and 2200 hours on Sundays.” The proposal is to vary that condition to read: “The hours of opening of the premises shall be restricted to between 1730 hours and 2300 hours Mondays to Saturdays and 1730 hours and 2230 hours on Sundays.

PLANNING HISTORY

Reference No. Description Decision Date 55/93/0748 Refurbish and extend commercial Approved 31/01/94 premises, and provide first floor flat. P/02/0482 Change of use to A3, with No.11, Thomas Approved 12/09/02 Street.

POLICY

The application is assessed against the following policies:-

Policy R8 of Part A of the Approved Rhymney Valley District Local Plan which states:-

“Food and drink (A3 uses) will be permitted in defined retail areas provided there would be no adverse effects on nearby residential areas.”

Policy R12 of the Deposit Caerphilly County Borough Unitary Development Plan, which states:

“New proposals for A3 uses, or changes of use to A3 uses, will only be permitted where:-

Cont………. Application No. P/03/1465 Continued.

a) they are in accord with the requirements of policies R8 and R9, if applicable; and b) opening times of hot-food takeaways are restricted to reasonable hours, particularly where residential properties are nearby; and c) the proposal would not result in an unacceptable loss of residential amenity by virtue of noise, smell or other nuisance.”

The explanatory text accompanying Policy R12 states:-

“The sale of food and drink for consumption on the premises and hot food off the premises comprise the Class A3 Use and include cafes, restaurants, pubs and take-aways.”

These are essential facilities serving a local need, but they can create concern if the smells and noise from their operations affect nearby homes or other commercial premises. Therefore, some measure of control and sensible guidelines are required when considering applications for development of, or change of use to, Class A3 Use.

For the purposes of this Policy, the definition of "reasonable hours" is taken to mean midnight in retail areas where there are few residential properties, reducing to 2300 hours where there are residential properties in close proximity. On Sundays these times would be limited to 2300 hours and 2200 hours respectively.

CONSULTATION

Chief Environmental Health Officer objects on the grounds that the hours of operation should be in line with the Unitary Development Plan.

Chief Engineer (Highways) has objection for the reason that if the proposal were to open at 17.30 Monday to Saturday, it could generate a greater intensity of short term on-street parking along Thomas Street which would interfere with the free flow of traffic during the period of peak evening flow, to the detriment of highway safety.

Chief Environmental Health Officer objects on the grounds that the hours of operation should be in line with the Deposit Caerphilly County Borough Unitary Development Plan, and the proposal would result in noise disturbance to nearby residential properties.

There has been no response to the neighbour consultation exercise.

ANALYSIS

This application is for the variation of a condition on an unimplemented planning permission. The planning permission referred to here is ref. P/02/0482, which was an application for the change of use of an existing A1 retail unit to A3 restaurant and hot food takeaway use, to be used in conjunction with an existing A3 use at No. 11, Thomas Street, for the expansion of that hot food takeaway use with the introduction of a restaurant facility.

Cont……… Application No. P/03/1465 Continued.

Whereas the variation of a condition is usually possible on an unimplemented permission, in this case it is not possible to grant permission for the variation.

The earlier permission was for the use of both Nos. 9 and 11, Thomas Street as one A3 use (hot food takeaway and restaurant). Plans were approved which indicated only one entrance to the premises (at No. 11), with No. 9 being used only for the purpose of a seated area (restaurant) associated with the hot food servery at No. 11. Those plans have not been implemented thus the use has not commenced, and the use of No. 9 still remains as a vacant A1 use.

In order for extended hours for A3 use at these premises to be considered, either the earlier permission must be implemented and the application submitted in respect of the whole combined unit of Nos. 9 and 11, or a separate application submitted for an independent A3 use at No. 9, Thomas Street.

However, if this application had been submitted in respect of both properties, one of the issues for consideration would be whether or not a detrimental effect upon residential amenity would occur in respect of the neighbouring properties, either as a result of the intensification of the use or from the different nature of a restaurant use. Chief Environmental Health Officer has raised objection to the later hours of operation, due to the non-compliance with the Council’s Policy. Additionally, another purpose of imposing the hours of operation conditions upon both the 2002 permission and the 1994 permission was to ensure that highway safety was not compromised. This was confirmed by the Welsh Office Inspector in 1995 in respect of the Appeal against the Councils decision on application 5/5/94/0376 for No.11, Thomas Street, which is also still relevant at present.

Consequently, the proposal to vary the condition is not considered to be acceptable and should therefore be refused permission.

RECOMMENDATION that Permission be REFUSED.

The reasons for the Council’s decision are:-

(1) The proposal is in conflict with Policy R12 of the Deposit Caerphilly County Borough Unitary Development Plan 1996 – 2011 (Council Approved Modifications to the Deposit UDP, April 2003). It would, by virtue of the late opening hours on Sunday nights, result in noise disturbance to the detriment of residential amenity. (2) The proposal conflicts with Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan 1996 – 2011 (Council Approved Modifications to the Deposit UDP, April 2003). It would, by virtue of the earlier hours of opening on Mondays to Saturdays, generate a greater intensity of short term on-street parking along Thomas Street which would interfere with the free-flow of traffic during the period of peak evening flow, to the detriment of highway safety. (3) The proposal seeks to vary a planning condition relating to a planning permission that relates to a larger site than indicated, and that permission has not yet been implemented, and it is therefore inappropriate to grant consent for the variation.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1328 Mrs. N.D. Raymond, Convert barn/outbuilding to 01/10/03 Waugoola Bungalow, accommodate a canine Cwmnantyrodyn, hydrotherapy unit in Barn at Pontllanfraith, Waugoola Bungalow, Blackwood. Cwmnantyrodyn, Pontllanfraith.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application relates to a freestanding barn situated adjacent to the property known as Waugoola Bungalow. The barn is of rendered blockwork construction with a sheet steel roof. It has a square footprint with side lengths of 14m. The condition and enclosure of the land suggest that the barn lies within the curtilage of the bungalow. Roads approaching the site are substandard in terms of their horizontal and vertical alignment, they are unlit and without pedestrian footways as they pass through the hamlet of Cwmnantyrodyn.

The application relates to the front portion of the barn and it proposes that a canine hydrotherapy pool be located within this area. A public reception area would also be provided together with toilet facilities and washing/drying facilities.

Supporting information with the application indicates that dogs can only attend the facility on veterinary referral and this would be managed on a strictly half hourly appointment basis. The applicant further indicates that the redundant agricultural building forms part of a 5 acre holding and that the building has previously been used as a battery hen house and agricultural store. In 1996 the property was sold to a builder who continued to use the building as storage and workshops and that this use generated considerable daily traffic.

PLANNING HISTORY

Ref No. Description Decision Date 2/3054 Erect residential development Refused 11/12/79

POLICY

The Adopted Gwent Structure Plan 1991-2006, Policy E14 does not normally permit new business developments in the open countryside with the exception of re-use and/or adaption of suitable buildings providing that the adaption is in character with the surroundings.

The Adopted Islwyn Plan 1991-2001, Policy D7 presumes in favour of the conversion or rehabilitation of buildings in the open countryside for appropriate industrial or office use where:-

Cont………. Application No. P/03/1328 Continued.

1) the building forms part of a group or is near to other existing buildings, 2) existing building is capable of conversion without major external alteration, 3) the proposal respects the character of a building and its surroundings, 4) the proposed use and siting of the building is compatible with adjoining and surrounding land uses, 5) satisfactory access and parking provision can be secured for the building.

The site lies within special landscape area as designated by Policy CEP1 of the plan. The site also lies in an area where Policy TP2 of the plan seeks to promote walking, horse riding and cycle routes based on existing public rights of way networks and forestry tracks.

The proposed modifications of the Deposit Caerphilly County Borough Unitary Development Plan have been accepted by the Council. The plan is at an advanced stage of preparation and is a strong material consideration. Its Policy C11 (10) designates the area as Special Landscape Area. Its Policy C6 permits the conversion and rehabilitation and reuse of buildings and dwellings outside settlement boundaries where:-

1) the structures are capable of conversion without major external alteration or reconstruction, 2) the character of the building is maintained and respected, 3) the proposed use is compatible with adjoining and surrounding land uses and is appropriate to a rural location, 4) satisfactory provision is made for services, access and parking and in the case of modern buildings the proposal should be used for an alternative compatible economic use.

Policy DC1, the standard general development control criteria applies, only permits development where it can be shown that the development has regard for safe, effective and efficient use of the transportation network and where appropriate it maximises the opportunity to use means of transport other than the car.

CONSULTATION

Chief Environmental Health Officer has no objection to the proposal.

Chief Engineer raises objection to the proposal on highway safety grounds considering that the narrow lane serving the site is unsuitable to cater for further development.

Gwent Wildlife Trust reminds the Council of the requirements of the Wildlife and Countryside Act 1981 with regard to the habitat of barn owls and bats.

The Campaign for the Protection of Rural Wales has no objection to the proposal. It notes that the site lies within a Special Landscape Area and that the use would be consistent with the draft Deposit Caerphilly County Borough Unitary Development Plan Policy C6 subject to policy criteria tests.

Cont…….. Application No. P/03/1328 Continued.

It considers the business use ought not to be unacceptable in the location in question as small scale nature of the enterprise would be unlikely to cause disturbance or give rise to an undue number of vehicle movements on the local road system.

Site notice and neighbour notification letters have advertised the application. One letter of representation has been received as a consequence. This outlines the history of the use of the building. It indicates that originally a wooden outbuilding was located on the site. This was used as a battery hen house and agricultural store, and was replaced by the current building in 1985 that was used as a garage/ hanger for a helicopter. Following this the building returned to its former use as an agricultural store. In 1996 the new owner, who was a retired ground worker, retained an excavator for his personal use and no business operated from the shed. The representation goes on to state that traffic using the access lane has increased in recent years but none of this traffic increase has derived from any industrial or business activity on the application site. The author indicates that they have no objection to the proposal.

ANALYSIS

There is some confusion about the lawful use of the barn. The information provided by the applicant and a member of the public would seem to suggest that the building had an agricultural use suggesting that it could have been erected with the benefit of agricultural permitted development rights. At some point in its history it has clearly been incorporated within the curtilage of the bungalow and it would seem that the use has at least in part been ancillary to the residential use of the site. No evidence has been provided that there has been a continuous business use for the past 10 years. This makes assessment of the case particularly difficult in that it is not clear whether allowance should be made for commercial traffic generated by the building.

In terms of general development plan policy this would seem to be a location that is not too far removed from the main body of the settlement where one might reasonably expect agricultural diversification projects to take place. However, it is not clear that the use of the building will necessarily support an agricultural diversification. It is however recognised that an animal related business of this nature is commonly located in rural areas i.e. dog boarding kennels, cattery, and in that regard the location is considered to be generally acceptable. Nevertheless, the Chief Engineer is of the opinion that the approach roads to the site are narrow and unsuitable to cater for any additional traffic flow. The proposal is therefore contrary to Policies DC1 and C6 of the Deposit Caerphilly County Borough Unitary Development Plan (Proposed Modifications) in that satisfactory access provision cannot be made. The proposal is therefore unacceptable, as in the view of the Chief Engineer (Highways) it would compromise highway safety.

RECOMMENDATION that Permission be REFUSED.

Cont………. Application No. P/03/1328 Continued.

The reason for the Council’s decision is:-

The narrow lanes serving the site are unsuitable to cater for the traffic generated by further development. The proposal is therefore detrimental to highway safety and contrary to Policies DC1 and C6 of the Deposit Caerphilly County Borough Unitary Development Plan (Proposed Modifications).

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1426 Mr. G. Howells, Erect three bedroom detached house 21/10/03 1 Springfield Cottages, in rear garden of 1 Springfield Pontllanfraith, Cottages, Pontllanfraith, Blackwood Blackwood.

APPLICATION TYPE: OUTLINE APPLICATION

SITE AND DEVELOPMENT

This is an outline planning application for the construction of a dwelling in the rear garden of a cottage. The plot size has been indicated as 8.8 metres x 33.5 metres. Access to the site is proposed through the Council owned garage forecourt which forms the access to a block of garages at the rear of properties on Mill Road. All details are reserved for subsequent approval. An illustrative drawing submitted with the application indicates the dwelling sited immediately to the rear of the garages parallel to Mill Road, with a narrow gap separating them.

PLANNING HISTORY

None.

POLICY

The site lies within the settlement envelope of Pontllanfraith as defined by Policy H5 in the Adopted Islwyn Local Plan (1991-2001). The site also lies within the settlement boundary as defined by Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan (1996 - 2011). The development has been assessed against the standard development control criteria in Policies D1 to D6 of the Adopted Islwyn Local Plan, Standard development criteria in Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan, and guidance contained within Development Design Guide 1; The Design Of New Housing in Urban Areas.

CONSULTATION

Chief Engineer objects to the proposal, as the proposed means of access is unsuitable to serve as the primary means of access for residential development. The increased use of the substandard access will create hazards for all classes of highway users. He also notes that the access serving the garage block and the pedestrian access adjacent to the dwelling are not part of the publicly maintainable highway. The applicant may not therefore benefit from a right of access to further development.

Chief Property Officer advises that the applicant would need to apply to the Council for a right of way across the garage forecourt for access, and that no approach has been made as yet. He also advises that it would appear from the Council’s records that there is an encroachment on to Council land, by the applicant. Cont……… Application No. P/03/1426 Continued.

Welsh Water has no objection as the applicant intends to utilise private drainage facilities.

Western Power Distribution and Transco have forwarded details of apparatus in the vicinity of the site.

ANALYSIS

The application site is in the rear garden of a small cottage, which is one of three along Springfield Road. These three dwellings adjoin a large Council development, and the garden, which is the site to which the application relates, is surrounded by development. To its north is a dwelling; to the west are a pair of semi-detached properties, and to the east a row of lock up garages. These form two groups in an L-shaped arrangement. A gap in the wall of the application site is the point at which the applicant seeks access. This is between the two groups of garages. This area is a tarmacadam forecourt, which also provides pedestrian access to the rear gardens of properties on Mill Road. The site would be completely landlocked if the gap between the garages had not existed.

The application has been considered in the light of policies quoted above. The development of the site in the manner proposed would be a form of back land development, which does not meet accepted development control criteria. The development is contrary to Policy D2 of the Adopted Islwyn Local Plan, as it cannot be sensitively integrated within existing townscape. As a form of backland development with no street frontage it would be contrary to policy D5 that requires the design of buildings and spaces between them to incorporate visual interest and sense of place and identity at street level.

The development would also be prejudicial to Policy DC1 criterion (H), which states that development will only be approved where it can be shown that the proposal has adequate access and egress and servicing from the highway network without detriment to highway safety. Apart from the proposal being an unsatisfactory form of development being a narrow back garden, it has no street frontage and relies on an access from the forecourt of a car park, which is an unadopted highway. The application should therefore be refused.

RECOMMENDATION that Permission be REFUSED.

The reasons for the Council’s decision are:-

(1) The development of the rear garden of the cottage for residential purposes in the manner proposed would be contrary to policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan, which requires that adequate access and egress is available from the highway network without detriment to highway safety. (2) The development of the site in the manner proposed, served off an unadopted forecourt of a garage, would be an unsatisfactory form of backland development, which is contrary to development control standards for residential development. Such a development would be contrary to policy D5 of the Adopted Islwyn Local Plan, which requires the design of buildings and spaces between them to incorporate visual interest and a sense of place and identity at street level. It would also be contrary to policy D2 of the Adopted Islwyn Local Plan which requires that development be effectively and sensitively integrated with existing townscape features.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1369 R.F. Brookes Ltd., Erect additional odour reduction 08/10/03 Azalia Road, plant to existing food production Rogerstone Park, facility at R.F. Brookes, Azalia Newport. Road, Rogerstone Park, Newport.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application relates to the R F Brookes food processing factory located on the Pontymister Industrial Estate adjacent to the A467 south of Risca. The application is made to erect a second odour reduction plan on the western side of the main production building, between it and the energy production block. The plant is a relatively discreet piece of equipment measuring 3m x 7m x 2m adjacent to which would stand a 12m high exhaust stack. It should be noted that this is no taller than the existing building against which it would stand.

PLANNING HISTORY

Ref. No. Description Decision Date P/96/0413 Renew outline permission 2/11594 B1, B2 B8 Approved 03/10/96 P/99/0548 Access of works and regrading Approved 14/08/97 P/97/0776 Access earth and regrading works Approved 20/10/97 P/98/0132 Erect food processing factory Approved 18/06/98 P/01/0235 Extend food processing factory Approved 19/04/01

POLICY

Policy E2 of the Adopted Gwent Structure Plan 1991-2006 directs industrial and business uses to the Pontymister area south of Risca. The Adopted Islwyn Local Plan 1991-2001 supports applications for employment purposes within the existing main employment area, by virtue of its Policy E3. Its Policy EP5 allocates land at Pontymister Farm for B1, B2 and B8 uses. Standard Development Control criteria Policy D1 is broadly applicable to the proposal, this requires new development to be well designed in terms of its setting.

The proposed modifications of the Deposit Caerphilly County Borough Unitary Development Plan are a strong material consideration, given that the plan is at an advanced stage of preparation. Its standard development control criteria Policy DC1 only permits development when it is compatible with other land uses in the vicinity and it is well designed in terms of its setting. Its Policy E2 identifies Rogerstone Park, Pontymister as an existing general industrial estate for Use Classes B1, B2 and B8, and this site would benefit from the protection of its Policy E3 which seeks to ensure that industrial land is retained unless there is evidence that it is no longer needed for the intended Use Classes.

Cont…….. Application No. P/03/1369 Continued.

CONSULTATION

Chief Environmental Health Officer has been consulted and raises no objection to the proposal.

Site notice, press notice and neighbour notification letter have advertised the application. Two letters of representation has been received as a consequence. These raise no objection to the proposal as long as the odour from the factory is eliminated.

ANALYSIS

This is a relatively minor application in terms of the scale and appearance of the proposed plant. It will be located on the western elevation of the building and be of such that a scale that its presence would not be significant against the building which provides the backdrop. The stack rises to 12m in height, which meets the roof height of the building. The plant is made necessary to overcome residual odour problems that have intermittently affected the site. The land is allocated for industrial uses and the proposal is consistent with the policies above. It is therefore considered to be acceptable in planning terms.

RECOMMENDATION that Permission be GRANTED.

This permission is subject to the following condition:-

The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

The reason for the Council’s decision is:-

To comply with the provisions of Section 91 of the Town and Country Planning Act 1990.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1498 Mr. G. Flew, Erect first floor bedroom extension 10/11/03 6 Waun Goch, at 6 Waun Goch, Cefn Hengoed, Cefn Hengoed, Hengoed. Hengoed.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application relates to a detached bungalow at the end of a cul-de-sac on a modern housing development. The proposal shows plans which enlarge a conservatory at the rear of the property and also erect at first floor extension, which will incorporate two bedrooms and a bathroom. The extension, which will be at the western end of the dwelling, will straddle the existing roofline, with the extended roof structure projecting 1m above the existing ridgeline.

PLANNING HISTORY

Reference No. Description Decision Date P/03/0457 Convert attic and ground floor extension Refused 11/06/03 5/5/90/0847 Construct detached bungalow. Granted 14/03/91

POLICY

The proposal needs to be considered against the relevant criteria contained in Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan and Development Design Guide 2: Householder Developments. Guideline E3 states:-

“The proposed extension will not affect the privacy of neighbouring properties by overlooking.”

Guidelines D1, D2 and D3 relate to dormer extensions.

D1 states:-

“The proposed dormer extension should be designed as if it were part of the original house,”

D2 states:-

“The proportion and size of the dormer extension should complement the design and proportions of the original building.”

Cont………. Application No. P/03/1498 Continued.

D3 states:-

“The dormer extension should not alter the original design of your house in an unacceptable manner.”

One letter has been received which points out that this is the second attempt to gain planning permission for a roof extension, the first being rejected for invasion of privacy of the writers’ property and they believe that the proposal is significantly higher and still has considerable effect on the privacy of their conservatory and bedrooms.

ANALYSIS

The roof extension would if constructed be the first to be erected within this recent housing area. This extension has been placed at the western end of the dwelling so that the distance from the bedroom windows proposed to habitable rooms in the dwelling of the objector is approximately 23m, in excess of the Council’s guideline of 21m between opposing habitable room windows, and it is not considered that a reason for refusal based on possible loss of privacy can be sustained.

However in terms of design the proposed extension would appear as a very visible addition to the existing dwelling, that fails to integrate itself satisfactorily with the existing dwelling. If erected it would due to its bulk and design, seriously detract from the visual character of the street scene and be contrary to the guidance given in the Councils supplementary planning guidance.

RECOMMENDATION that Permission be REFUSED.

The reason for the Council’s decision is:-

The proposed roof extension is considered to be poorly designed in relation to the existing dwelling contrary to policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan, and the guidance contained in this Council’s Development Design Guide 2 – Householder Developments, and if erected, would be detrimental to the character of the existing dwelling and the visual amenities of the street scene.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1420 Mr. & Mrs. Bartlett, Retain boundary fence and decking 21/10/03 Cefn Llwyna, to building and construct detached Penallta Road, garage and swimming pool at Cefn Ystrad Mynach. Llwyna, Penallta Road, Ystrad Mynach.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application relates to a former public house, which was granted planning permission for a change of use to a mixed use of residential, and workshop for an upholstery business in January 2003 (P/03/0094). The site is the subject of a further application to extend the business use, which is also reported to this Committee.

The application seeks the retention of a close boarded timber fence, which surrounds the northern part of the curtilage. The fence for the most part is below to the 2m permitted development limit, however the section which is facing towards the main road is in part to a height of 2.4m. The fence has been set back approximately 1m from the back edge of footpath.

The application also seeks the retention of a timber decking at the rear of the property which gives access from the residential accommodation at first floor via stairs from the decking area to ground level of the rear curtilage.

The application also includes the erection of a detached garage in the north east corner of the curtilage. The building is proposed to be 12 .3m wide and 6.1m deep and have a mono pitched roof with maximum height of 4.6m. It will have a slate covered roof, with a wall finish to match the main building.

The application also proposes the building of a swimming pool measuring 8.5m x 4.5m, directly to the north of the main building.

PLANNING HISTORY

Reference No. Description Decision Date

5/5/78/1254 Erect single storey extension for concert Granted 28/11/78 room P/02/1113 Change to residential Withdrawn 11/11/02 P/02/1443 Change use to residential and exhibition Granted 06/02/03 space P/03/0094 Change use to provide detached family Granted 19/03/03 residence with workshop for upholstery refurbishment business Cont……… Application No. P/03/1420 Continued.

POLICY

The proposed development needs to be assessed against the general development control criteria contained within Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan.

CONSULTATION

Gelligaer Community Council raises no objection to the development.

There has been no response to publicity undertaken.

ANALYSIS

The fence line provides security for the rear curtilage of the property, and due to the drop in levels from Penallta Road, and the line that the fence has been erected upon, the impact of the structure is lessened and its retention is considered acceptable. The decking area whilst at the rear of the building, is directly visible from Penallta Road; the design and finishes are considered to be acceptable. The garage is to be positioned in the extreme north east corner of the curtilage of the site, and whilst it is a large building, the design and finishes proposed match the main building, and it is considered to be acceptable in relation to the mixed use of the site. The swimming pool is of modest scale and is also considered to be acceptable in this location.

RECOMMENDATION that Permission be GRANTED.

This permission is subject to the following condition:-

The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

The reason for the Council’s decision is:-

To comply with the provisions of Section 91 of the Town and Country Planning Act 1990.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/0926 Walters Land Ltd., Erect mixed use development of 01/07/03 c/o Wyn Thomas Gordon Lewis Ltd., housing, offices, hotel, public 21 Park Place, house, restaurant, medical centre/ Cardiff. creche and open space including all engineering and building operations and landscaping on land between A468 and B4600, Penrhos, Caerphilly.

APPLICATION TYPE: OUTLINE APPLICATION

SITE AND DEVELOPMENT

This proposal relates to the former Penrhos site located to the west of Caerphilly Town Centre. The land itself is roughly triangular in shape, comprising an area of 24.33 hectares (i.e. 60.12 acres).

The site is bounded on two sides by classified roads which meet at the Penrhos roundabout. The Caerphilly Northern Bypass (i.e. A468) runs along the western boundary whilst the Nantgarw Road (i.e. B4600) runs along the southern boundary. The site is bordered by existing residential development to the north (i.e. Ffordd Penrhos) and to the east (i.e. Glenfields).

The Penrhos roundabout lies just within this Council’s boundary. The dual carriageway leading westwards off this roundabout down to the A470 trunk road is located within the boundary of Rhondda Cynon Taff County Borough Council.

Access into the site at present is from an existing roundabout on Nantgarw Road which also serves the Castle View residential estate to the south.

The land within the site which projects towards the Penrhos roundabout represents a high point as the land generally slopes away from it to the south-west and north-east at a fairly regular gradient.

The site ranges in elevation from 128m above Ordnance Datum next to the roundabout, down to 100m A.O.D. at its eastern end (i.e. rear of the dismantled railway at the entrance to Sunningdale).

There are existing plateaus on the site, however, which as a result of their shape have steeper embankments. These are located in the north western tip and opposite the Glenfields housing estate on the eastern boundary.

The land, either side of the entrance into the site appears to comprise rough grass or bare ground. Much of the central area of the site has been cleared of vegetation as part of the site clearance work undertaken to allow test bore-holes and trial pits to be excavated as part of the ground reports accompanying this proposal. Some areas of vegetation do, however, remain in this central part, some of it appears self seeded whilst the remainder was planted as part of a previously approved golf course which was never completed. Cont..... Application No. P/03/0926 Continued.

The majority of trees/shrubs on the site are located on the western side of the Nant Gledyr watercourse. This growth is on the steeper banks which face the residential development to the east (i.e. Glenfields and Ffordd Penrhos).

There is also ribbon growth/planting along the site’s boundary with the A468, Caerphilly northern bypass.

There is no built development currently on the application site, with the exception of the access road which serves the Ffordd Penrhos development to the north of the site.

With the exception of this road and its related footpath, there are no other public rights of way within the site area.

The former Penrhos site has a complex and detailed planning history. It was a private waste disposal site for many years and as such, still contains levels of contamination. The land has been remediated by the previous owner (i.e. Duffryn Ffrwd (Newton) Estates) to a level which has resulted in the current land form.

THE PROPOSAL

The application, as submitted, is in outline and seeks to reserve all detailed matters for subsequent approval. These matters refer to the siting, design, external appearance, means of access and landscaping of the development applied for.

The developer therefore wishes to establish the principle of a comprehensive mixed use development on this land prior to submitting all the detailed information required for such a large scale proposal.

This proposal involves residential, offices, hotel, public house and restaurant, medical centre/crèche and public open space.

What the applicant does, however, wish to clearly establish at this time is the remediation strategy required to allow the site to be put in a condition which would allow the proposed development to be safely and properly undertaken on this site.

Prior to the application being submitted meetings were held between your officers and the developers and their agents. The outcome of these pre-application discussions was that the developer would prepare and submit an Environmental Impact Assessment in support of the application. This was undertaken and includes reports on air quality, archaeology and cultural heritage, ecology, ground remediations and hydrology, landscape and visual impact, noise, public rights of way and transport.

A transport assessment was also prepared as well as a geoenvironmental/geotechnical investigation.

Cont..... Application No. P/03/0926 Continued.

The applicant indicates in his environmental statement that the concept for developing the site is based on the following principles:-

a) the strategic location of the site at one of the main gateways to the area; b) creation of a mixed use development scheme of compatible land uses; c) to provide a development that is economically viable and environmentally sound; d) to ensure satisfactory access to the site and circulation within it; e) to provide appropriate levels of outdoor play areas, open space and landscape; f) to respect the privacy and amenity of existing residents.

In support of this concept a “Master Plan” is submitted which depicts a mixed use development and shows the disposition of the various residential, commercial, community and open space land uses across the site. This plan also identifies the acreages of these use.

These are as follows:-

Acres Hectares Housing 32.37 13.11 Hotel 2.17 0.88 Office 2.34 5.78 Surgery/crèche 0.74 0.30 Public house/restaurant 1.56 0.63 Public open space 4.12 1.67

The remaining land is taken up by roads and existing woodland and scrubland.

The Master Plan indicates that the commercial uses (i.e. the hotel, offices and public house/restaurant) are to be located to the west of the site, with residential occupying the vast majority of the remaining land, with the exception of the largest area of public open space which is shown as being sited on the eastern boundary approximately half way up the site.

The applicant indicates that the commercial land uses are grouped together to allow the following benefits:-

1) This is the most prominent part of the site and the best suited, therefore for these land uses. The hotel and offices in particular need to be conspicuously sited. 2) This location permits access to these facilities from residents of surrounding areas. With the existing shopping and community facilities at Castle View this will help to establish a focus for the development in the form of a small neighbourhood centre. 3) Grouping the commercial uses permits the residential and non-residential traffic to be more easily separated from within the site. 4) The location facilitates access by extraneous and passing vehicles, without those vehicles having to traverse the residential areas.

Cont..... Application No. P/03/0926 Continued.

The applicant also states that “the open space is grouped in one area in order to create a more useful and useable block of land and to facilitate future maintenance. In addition to the provision shown on the Master Plan, play facilities for toddlers (local areas of play) will be provided within the housing areas, where play can be more easily supervised by parents.”

In respect to the residential development, whilst acknowledging that design and siting are reserved matters, the applicant indicates that it is expected that the site will be developed at a minimum density of 25 dwellings per hectare (i.e. 10 dwellings per acre). On the acreage shown on the Master Plan this will give a minimum number of 325 houses. A density of 25 – 37 dwellings per hectare (i.e. 10 –15 dwellings per acre) would be compatible with densities in the surrounding area. This would give an upper number of 490 houses.

To achieve the land uses shown in the Master Plan the applicant has undertaken a number of studies involving air quality (including dust and odour control), ecology, archaeology, noise, public rights of way, transport, landscape and ground remediation. These reports contain, where required, mitigation measures to be put in place to ensure that the impact of the proposal is controlled to acceptable levels.

In view of the history of the site, as a waste site, including toxic materials, special attention has been paid to the matter of ground remediation.

The reports are voluminous and complex, however, what they seek to do is identify areas requiring remedial action. On this basis they identify five such areas. These cover approximately three-quarters of the total site area and are as follows:-

Area 1 – Anticipated grossly contaminated areas, including buried drum area, sump and associated collection/interceptor drains.

Area 2 – Most severe identified organic contamination with localised unacceptable organic volatiles and semi-volatiles concentration at depths (i.e. <4m).

Area 3 – Localised unacceptable contamination with organic volatiles and semi volatiles, generally at shallow depths.

Area 4 – Made ground containing geotechnically unacceptable materials such as wood, concrete, building rubble and possibly old foundations, etc.

Area 5 – Underlain by P.F.A. and inert fill, geotechnically weak and unable to support shallow foundations without giving rise to unacceptable differential and total settlement.

The reports then provide a remediation strategy to deal with the materials identified in the five areas. This strategy ranges from removal of material from site (i.e. particularly drums and grossly contaminated materials), the “clean up” and replacement of certain on-site materials, the capping of areas with suitable cover etc.

These reports, in view of their technical nature have been the subject of pre and post application discussions between the Council’s Environmental Health Officers, Consultants and the Environment Agency. Cont..... Application No. P/03/0926 Continued.

Another area of potential difficulty which the applicant has sought to address is the impact on the transportation infrastructure. To this extent a Transport Assessment supplemented by an addendum following discussions has been prepared by the applicant's agent. Also the applicant has provided a scheme of road improvements in an attempt to ameliorate the impact of the traffic generated by the development on the highway network.

The solutions proposed by the applicant are as follows:-

1. The original Transport Assessment recommended signalising the Penrhos roundabout. The applicants assessment indicates that in 2018 the existing roundabout will be “seriously over capacity, with or without the Castlegate development…..”. 2. The transport addendum, submitted after the original assessment, recommended the further part signalisation of the Nantgarw roundabout on the A470 trunk road which is in Rhondda Cynon Taf County Borough Council’s area to the west of the site. 3. Walters U.K. have submitted further plans, after discussions with your officers and those of Rhondda Cynon Taf’s Highway Engineers Department, which show the dualling of the A468 (i.e. the road running from Penrhos roundabout down to the A470). Again this work is outside this Council’s boundary and can only be achieved by the co-operation and ability of Rhondda Cynon Taf to use their permitted development rights for highway improvements. Its deliverability thereafter is subject to the applicant entering into a Section 106 Agreement, along with this Authority and Rhondda Cynon Taf, to fund the improvements to the A468.

Officers of Rhondda Cynon Taf advise that this matter will be going to their relevant Committee on the 20th November, 2003.

In concluding the submitted information the applicant makes the following statement:-

"The proposal by Walters Land is entirely acceptable in planning terms. In particular:-

"It accords with the provisions of the statutory development plan for the area and benefits from the presumption bestowed by Section 54A of the Town and Country Planning Act 1990 (as amended)."

"It accords with the provisions of the Deposit Caerphilly County Borough Unitary Development Plan."

"It accords with national planning policy guidance promulgated by the Welsh Assembly Government."

"The site’s status as brownfield land, its location within the approved settlement limit, the planning history of the site (including an extant planning permission) and the Council’s longstanding wish that the contaminated land should be properly remediated all support the grant of planning permission. The scheme promoted by Walters Land is for a range of appropriate uses which, individually and collectively, conform with current planning policy. It represents a comprehensive development scheme which is both sustainable and environmentally and technically acceptable."" Cont..... Application No. P/03/0926 Continued.

PLANNING HISTORY

In view of its length the full planning history is produced as an appendix to this report.

The early key consents relate to those which authorised tipping and associated operations dating from the mid-1940s through to the 1960s. During this time the site was used as a tip which accommodated industrial waste, including toxic chemicals.

In the 1980s the first remediation of the site began and it is from this point that the redevelopment of the site for a range of alternative land uses began to be considered.

The whole Penrhos site, including the current application land, was the subject of an application in 1986 for retail development, leisure/entertainment, leisure/hotel, golf course/amenity area and access road (5/5/86/0496). Because of the retail element of the proposals, the Secretary of State called in the application for determination together with three other applications relating to substantial retail developments at Penrhos and Pontypandy. The Secretary of State refused consent for the retail element of the proposals and granted conditional outline consent for the remainder.

An application in 1987 for retail development, leisure, hotel, golf course, amenity area, restaurant and petrol filling station (5/5/87/0243) was also called in by the Secretary of State and was determined at the same time. The decision was to refuse consent for the retail element of the proposals and to grant conditional outline consent for the remainder. The decisions were made in March, 1989 and the consents have now lapsed.

An application in respect of the whole Penrhos site, except for an area at the south western end, for outline consent for residential and leisure facilities (5/5/86/0132A) was approved on the 7th March, 1990, following the completion of a Section 52 Agreement relating to:-

a) infrastructure provision, and, b) the cessation of the tipping operations at the Penrhos site.

A further application for residential development, leisure facilities, hotel, restaurant and petrol filling station, golf course and amenity area was submitted in 1992 (code ref. No. 5/5/92/0755). This application was considered in three parts, two of which were approved (i.e. that relating to residential, leisure, etc. and the golf course), whilst the third element (i.e. an access road) was refused.

A subsequent application for a road was approved under code ref. no. 5/5/93/0780. This road has since been constructed. The current application shows a slight re-aligning of this road and the inclusion of a roundabout arrangement to allow access to the leisure uses proposed.

In the Spring of 1996, two applications were submitted for a variation of Condition (B) of Consent 5/5/92/A755, being the residential, leisure, etc. approval. These proposals sought to extend the life of the outline consent. Application 5/5/96/0182 did, however, contain an additional condition to those included in the previous outline. This was the need for the submission of a geophysical survey, including consideration of landfill gas, groundwater flows and ground contamination. Cont..... Application No. P/03/0926 Continued.

Reserved matters consent P/97/0785, for the erection of leisure development, including a cinema, bingo hall, family entertainment centre, health club, restaurant and associated parking and servicing was approved in February 1998. This permission included a geophysical survey. This proposal was in respect to the southern half of the site and did not include the main tip area located in the middle.

The developer wished to amend this overall scheme in the light of the end users’ requirements. Consequently a revised reserved matters application was submitted relating to the majority of the site area approved under application P/97/785.

The revised reserved matters application for a larger cinema, health club and bingo hall, with car parking and servicing was approved by Committee at the meeting on 29th April, 1998 (code ref. no. P/98/0154). A further application for the erection of restaurants and family pub/restaurant (P/98/0155) was also submitted at this time, the proposals of which when considered together with those of application P/98/0154 constituted the total development of the site in a complete and comprehensive form.

The current applicant, on acquiring the site, sought to extend the life of planning consent P/98/155, thereby protecting this permission until July 2005.

PLANNING CONTEXT

The development plan in force comprises the Mid-Glamorgan County Structure Plan and the Adopted Caerphilly Basin Local Plan. The plan periods for both these documents has now expired, however, they remain as the development plan for this area.

The site is also covered by the Approved Rhymney Valley District Local Plan and the Deposit Caerphilly County Borough Unitary Development Plan (Proposed Modifications). This latter plan, although not yet adopted has reached an advanced stage in its preparation and in accordance with current advice contained in Planning Policy Wales, substantial weight may now be afforded to the majority of policies within it.

With regard to the development plan the main site specific policy of relevance is Policy EV4(iv) of the Caerphilly Basin Local Plan, which states that:-

“There will be a presumption in favour of land reclamation schemes being carried out at the following sites:-

Location (iv) Penrhos Tip – proposed after use – residential/amenity.”

Policy EV1 of that plan indicates that there will be a presumption against development outside the settlement limits shown on the proposals map, unless in agricultural, forestry or outdoor interests. The proposals map accompanying this adopted plan shows the site as being wholly contained within the identified settlement boundary.

Cont..... Application No. P/03/0926 Continued.

With regard to the Mid Glamorgan County Structure Plan, Incorporating Proposed Alterations No. 1 (September 1989), this contains a number of relevant policies such as Settlement Policies S1 (housing density), S2 (development of derelict land), S3 (presumption against development in the open countryside), S5 (presumption against development making unacceptable demands on community and utility services) and S7 (presumption against development which would increase problems and danger through pollution, overloading and congestion).

Employment Policies E6 (presumption of business uses (Class B1) with easy access to residential areas) and E10 (presumption of business uses (Class B1) in existing centres or the edge of towns), should be taken into account.

The remaining strategic policies of relevance are S42 (presumption in favour of office development in Caerphilly Town Centre or on a well connected out of centre site) and S43 (presumption in favour of hotel and other tourist accommodation in Caerphilly).

Section 54A of the Town and Country Planning Act 1990 requires that all applications for planning permission shall be determined in accordance with the development plans “unless material considerations indicate otherwise.”

The main “material considerations” in respect to the policy position is the Deposit Caerphilly County Borough Unitary Development Plan, which when adopted will replace the now out of date development plan (i.e. the Mid-Glamorgan Structure Plan and the Caerphilly Basin Local Plan).

This new plan has policies and proposals for the area for the time period of 1996 – 2011, and is therefore current in this regard.

Planning Policy Wales confirms that “considerable weight” should be given to such plans which are near adoption.

This Council, as Local Planning Authority, resolved in November 2002 to use the Unitary Development Plan for development control purposes. In this respect it therefore supersedes any policies of relevance contained in the Approved Rhymney Valley District Local Plan.

The application site is shown as being wholly within the settlement boundary of the Unitary Development Plan proposals map. The site, however, is not identified for any specific purpose within that plan.

Policies of particular relevance in the Unitary Development Plan are as follows:-

Strategic Policies

1. Policy 1DS – Land is identified for development as appropriate to the following three development areas:-

i. area of consolidation; ii. area of growth; iii. area of regenration. Cont..... Application No. P/03/0926 Continued.

2. Policy 1B – Brownfield Policy.

3. Policy 1T(b) – Transport Strategy.

General Development Control Policies

DC1 Development Criteria. DC2 Settlement Boundary. DC2* Planning Obligations. H2 Development on unallocated sites. H3 Affordable Housing. E6 Development involving potential pollution. T4(3) Proposed improvement to A468, Caerphilly Northern Bypass. C12 Trees, Woodland and Hedgerows. L9 Open play space provision. L* Outdoor Sport Provision. D7 Contaminated Land. U* Drainage. CF1 Development of New Community Facilities.

Regard is also paid to the guidance contained in Planning Policy Wales (March 2002), and to the related Technical Advice Notes, which address individual topic areas (e.g. design, land availability, etc.).

CONSULTATION

The Coal Authority comments that in view of the mining circumstances a prudent developer would seek appropriate technical advice before works are undertaken on site.

Dwr Cymru requests that no surface water or land drainage be allowed to connect to the public sewer. It comments that with regard to sewage treatment, no problems are envisaged for the treatment of domestic discharges from this site.

Dwr Cymru also states that it has no objection to the proposal on water supply grounds.

Environment Agency (Wales) has submitted a lengthy and detailed response to this proposal indicating a range of conditions it requires to be imposed on any consent granted. It concludes its comments with the following statement:-

“In general the Agency has no objection to the principle of development at this location. However, in view of the historic legacy of contamination within the site the Agency considers it essential that the remediation strategy is commensurate with the development proposed in order to ensure that the development, if permitted, would not cause adverse environment impact.”

In view of the Environment Agency’s involvement with the site and its particular issues the level of detail included in its response is to be expected. Cont..... Application No. P/03/0926

The Agency was also separately consulted on Consultation Draft TAN15 “Development and Flood Risk”. It commented in response that it was not aware of any flooding at this location from the Nant Gledyr watercourse. However, it referred the matter back to this Authority in view of the classification of the Nant Gledyr as an “ordinary watercourse”.

Transco has made no comment on this application.

Western Power Distribution comments that it has apparatus within the site and its vicinity.

Chief Environmental Health Officer considers that on the basis of the information submitted, the application can be accepted with suitable conditions covering the detailed design aspects and other measures. The conditions required in respect to the site's remediation fall into three categories:-

a) those that need to be agreed prior to development commencing; b) those that relate to measures during the remediation work; c) those that are required following the completion of the remediation work.

A number of the conditions required by the Environmental Health Department were similar to those suggested by the Environment Agency. Where possible these conditions have been amalgamated to reduce duplication.

In considering this proposal, discussions between the health department, our consultants, the Environment Agency and the applicant’s consultants were held with the principle underlying the remediation strategy being laid out. The resulting geoenvironmental/geotechnical investigation was subsequently proposed on this basis and sought to produce a remediation strategy to allow the proposed development to proceed.

Chief Engineer (Highways) raises no objection subject to conditions being imposed on the proposal and the applicant entering into a Section 106 Agreement to fund the signalisation of the Penrhos roundabout and the completion of the dualling of the A468 from this roundabout down to the Nantgarw roundabout. To deliver such an agreement all landowners must be signatories to it.

The officers of Rhondda Cynon Taf Council have verbally indicated that they are prepared to recommend to their Members the use of their permitted development rights under the Town and Country Planning (General Permitted Development) Order 1995, to achieve the necessary works.

Chief Engineer (Drainage) raises no objection but makes a number of comments, some of which can be conditioned the remainder being passed on to the applicant by way of advice. The most prominent of these comments refers to the need to alleviate surface water discharges from the site and to obtain a comprehensive drainage scheme to serve the development.

Penyrheol, Trecenydd and Energlyn Community Council has made no comment on this proposal.

Principal Parks and Open Spaces Officer raises no objection but considers a neighbour equipped area for play (i.e. a NEAP) should be included in the scheme. Cont..... Application No. P/03/0629 Continued.

Education Department has made no written comment, however, at meetings on this subject it has commented that the proposed development will not require a further school on site, but as a result of the impact on surrounding schools, four new classrooms at various sites will be required. It was subsequently agreed by the developer that they would contribute the sum of £270,000 to cover the costs of such extra classroom space. This sum would be safeguarded by way of its inclusion in the Section 106 Agreement.

Chief Housing Officer has commented that a percentage of the new residential stock will be required for affordable housing. This percentage was agreed at 10% which could be provided by way of shared ownership and Housing Association rental homes.

Rhondda Cynon Taf has acknowledged the consultation but has not formally commented on the application at the time of writing of this report. It is anticipated that its comments will be received prior to Committee and will be reported verbally at that time.

Cadw has commented that there are no scheduled ancient monuments, historic parks and gardens or historic landscapes affected by this proposal.

Countryside Council for Wales confirms that the site has no sites of Special Scientific Interest (SSSI), candidate Special Areas of Conservation (cSAC), Special Protection Areas (SPA) or Ramsar sites. It does, however, make a number of comments on the ecological chapter in the Environmental Statement, some of which require to be passed on to the developer.

Welsh Assembly Government Transport Directorate was consulted with respect to any impact which the proposal would have on the trunk road (i.e. A470). Its response concludes as follows:-

“….. the A470 junction is some 1.8 kilometers from the Penrhos roundabout and the development is unlikely to have an adverse impact on the trunk road junction.”

The Transport Directorate has also been consulted on the Addendum Traffic Assessment and the planned dualling of the western section of the A468. It has raised no objection in respect to either.

The Welsh Development Agency and the National Assembly for Wales Planning Division have also been consulted, however, neither have commented on this proposal.

The application has been advertised by way of site and press notices as well as extensive direct notification with residents in the surrounding area. As a result 18 letters were received. Of these, one supported the proposal, four voiced concerns about aspects of the application, whilst the remainder objected to the proposal.

The basis of the objections raised are as follows:-

1) Increase in traffic problems around the site by the additional volume of traffic generated by the proposal. Cont..... Application No. P/03/0926 Continued.

2) No crossing facilities exist on this stretch of Nantgarw Road. 3) The restaurant should not be allowed on competition grounds. 4) Loss of privacy will be experienced by certain properties. 5) Loss of view for properties. 6) Construction noise and disturbance will be caused to existing dwellings. 7) Schools will not be able to cope with the increase in children. 8) Existing dwellings will be devalued. 9) The land is contaminated and should remain untouched. 10) The ecological surveys have not been completed. 11) The mixed development proposed includes elements which could increase levels of disturbance in the area. 12) Further research is required with regard to the toxic waste nature of the site. 13) Japanese knotweed is a problem. 14) The mitigation measures indicated in the environment statement are unacceptable to deal with the impacts of the proposal. 15) The traffic impact assessment is flawed as the base data is “unsuitable for such a serious and vital route.” 16) A professional person should be based on and responsible for site activities.

The concerns raised related to the following:-

1. There is a need for childrens play facilities in the scheme.

2. The issue of light pollution arising from the proposal should be controlled.

ANALYSIS

In considering this application due regard has been paid to the following issues:-

1. Site Planning History. 2. Policy Control and Current Advice. 3. Consultation Responses.

1. Site History

As can be seen from the full history of planning applications relating to this site, it has a lengthy and complex past which effectively dates from the mid 1940s.

Parts of the site have been seriously contaminated by tipping operations which resulted in certain areas being classed as “Building Exclusion Zones”. This classification related to three areas of the site which the previous remediation strategy, undertaken in the 1980s, concluded could not be used for the construction of any buildings and were to remain capped in suitable material and used for leisure purposes (i.e. golf course), or were covered by impermeable surfaces (e.g. a car park) which did not involve construction work breaking through the cover.

Cont..... Application No. P/03/0926 Continued.

In the 1990s applications were approved for housing purposes, to the north of the current site (i.e. Ffordd Penrhos) and for a variety of leisure and A3 (food and drink uses) on the land located on the south west part of the current site. One of these permissions (i.e. P/98/0155) to erect restaurant and family pub/restaurant on this part of the site remains extant until July 2005, and can be implemented up until that time.

It is recognised that in considering these consents, particularly the latter ones, the Local Planning Authority has accepted that a substantial amount of the site can be developed for a variety of uses, albeit not residential. It must be accepted, however, that such uses would have a visual impact and be generators of traffic. The current proposal has come about due to a combination of factors, of which two are particularly prominent, the housing market and technological advances in treating and dealing with brown field and contaminated land.

2. Planning Policy Context

In considering this proposal the starting position must be its compliance with the development plan in force. Whilst appreciating that the expiry dates of this plan have now elapsed it remains in force until superseded. Section 54A of the Planning Act requires that planning applications must be determined in accordance with this plan unless material considerations indicate otherwise.

With regard to the policies of relevance referred to in the structure plan it is not considered that this proposal conflicts with those relating to settlement issues, and it accords with the employment policies and those relating to office and hotel provision within Caerphilly Town Centre and its outskirts.

Turning to the Adopted Caerphilly Basin Local Plan the site is shown as lying within the settlement boundary contained in the plan and being subject specifically to Policy EV4(iv). This policy presumes in favour of the reclamation of the site for residential/amenity after use.

The text underpinning this Policy states as follows:-

“…the dereliction at Penrhos has been caused by the tipping of other industrial waste, including toxic materials. The site is neither owned by the Council nor in the current land reclamation programme and may therefore not be reclaimed during the plan period. In any event, the initiatives for the reclamation of the site clearly rest with the owners. Nevertheless, the Council is concerned that a solution to the Penrhos situation should be evolved within the context of the Local Plan. Thus, in accordance with decisions already taken by the Local Planning Authority, discussions will continue with the owners of Penrhos Tip in an endeavour to reach a long-term solution for this strategically located land.”

In this regard the current proposal will accord with the thrust of Policy EV4.

Cont..... Application No. P/03/0926 Continued.

In the circumstances it is considered that the proposal accords with the requirements of the statutory development plan.

The main material consideration in respect to the current planning context is the preparation of the Deposit Caerphilly County Borough Unitary Development Plan.

The site is not specifically allocated for any purpose by this plan. During the Public Inquiry into it the Inspector concluded that due to the contamination of the site it would be irresponsible of the plan to mislead by allocating the site for a specific land use thereby attempting to create a level of certainty where there was none.

He did, however, recommend that the Council take a more flexible and proactive stance in respect of development in the Area of Consolidation. Accordingly the plan has been modified to acknowledge the development potential of unallocated sites such as Penrhos, within the Caerphilly Basin.

Paragraph 4.10 of the Development Strategy states:-

“In the Caerphilly basin development in recent years has been rapid, the level of out- commuting to Cardiff and Newport is high, and the pressures for development are expected to continue. Only a limited amount of land remains undeveloped outside the built-up area and areas of environmental designation and this must be conserved. However, there is a considerable land-bank of housing sites with planning permission and significant potential for development within settlement limits. In particular, there are a number of large sites within settlement boundaries which require substantial remedial work before development can take place, where the required infrastructure improvements could be secured through the development potential of the site. The Council will encourage the comprehensive redevelopment of under-utilised and previously used land within the Area of Consolidation for mixed-use development. The most important of these sites in the area are Bedwas Colliery (15 ha.), Ness Tar (5 ha.), Penrhos (23 ha.), land at Pontypandy (10 ha.), and Virginia Park (3 ha.).”

It is to be noted that Penrhos is the largest of these five sites. In respect to Policy 1DS the proposal accords with this amendment to the U.D.P.

With regard to Policy B1 (Development on brown field sites) it is stated that development will be allowed where appropriate proposals for the reclamation and beneficial after use of contaminated land can be satisfactorily confirmed.

In this regard the site is brown field land and the detailed remediation strategy submitted as part of the environmental statement has been considered by the Council’s Environmental Health Department, our consultants and the Environment Agency who consider that subject to a wide range of detailed conditions, the strategy is acceptable to allow for the mixed use development proposed.

Cont...... Application No. P/03/0926 Continued.

Policy DC1 (Development Criteria) contains criteria which are more relevant for consideration in respect to the reserved matters application(s), whilst in view of its location within the settlement limits of the U.D.P. and its description as a mixed use development, Policy DC2 is satisfied.

In considering and identifying the five largest sites in the Area of Consolidation, of which Penrhos is the largest, the Inspector indicated that “the required infrastructure improvements could be secured through the development potential of the site.” This can be achieved by way of condition and/or the entering into a Section 106 Agreement where off-site provision of facilities or improvement works are required. Policy DC2 requires the Council to seek, through negotiation such improvements etc. where they are relevant, related and necessary to the development.

In this regard the Authority has discussed with the applicant the voluntary signing of a Section 106 Agreement in respect to the highway signalisation and dualling works described above, the provision of four extra classrooms at Hendre Infants & Junior Schools and St. Cenydd Comprehensive School and the provision of 10% of the proposed housing stock as affordable housing.

It is therefore considered that this policy has been pursued in the right circumstances.

In respect to the Housing Policies in the U.D.P. there is no objection in principle to the proposal on the basis of Policy H2 (Development on unallocated sites) albeit there is insufficient information on the outline proposal to assess all detailed aspects of the scheme.

Policy H3 relates to affordable housing. Any development of 35 houses or more requires to be assessed for the need for such housing. The Council’s Housing Department has advised that there is such a need in the Caerphilly area and consequently 10% of the new dwellings will be “affordable” in order to be available to people who cannot afford to occupy houses generally available on the open market. This will be achieved by way of the Section 106 Agreement.

Policy B6 (Development involving Potential Pollution) is one which is normally applied to manufacturing, processing and the extractive industries. It remains relevant however to this proposal in respect to the remediation strategy. It is considered that the conditions recommended by the Environment Agency and the Council’s Health Department in respect to all aspects of this strategy are sufficient to control any pollution arising. It is considered therefore that this proposal accords with policy B6.

Policy 1T(B) refers to proposals which are likely to be major generators of traffic, such as the current site and requires that they be permitted only where they minimise the need to travel and/or are capable of being served by public transport and/or facilitate other alternatives to private use and minimise the adverse environmental amenity impacts of traffic.

Cont..... Application No. P/03/0926 Continued.

In respect to this policy the site is well located in relation to transport linkages used by public transport. It is considered, however, that there is a need for a scheme of pedestrian and cycleway connections within the development which have adequate links to bus stops and the train station to the east etc. This can be achieved by condition.

Policy T4(3) seeks to ensure that the planned improvements to the Caerphilly Northern Bypass are not compromised by this proposal. This is a matter which can be passed on as advice to the developer.

In consideration of Policy C12 (Trees, woodlands and hedgerows) the work already undertaken to complete site investigation has removed much of the tree/shrubs that were located on the site. The ecology and the landscaping section of the Environmental Statement refer to the site habitats and landscaping strategy, including retaining woodland and scrub areas. This information is satisfactory and any further details can be resolved by condition.

With regard to Policies L9 and L* (i.e. open play space provision and outdoor sport provision), the “Master Plan” indicates that 4.12 acres (1.67 hectares) of land will be provided to accommodate outdoor sports provision. This land is shown as being located in one area on the eastern boundary of the site. It will provide for a 90m x 55m football association junior standard pitch with sufficient remaining space to accommodate a neighbourhood equipped area for play and other informed play activities. This represents approximately 13% of the developable residential site area. The Environmental Statement also indicates that the further provision of local areas for play will be provided within the residential areas. The applicant indicates that 0.46 hectares of space will be allocated for this purpose.

The “Master Plan” also contains other incidental areas of open space and retained woodland within the site which will remain accessible to the public.

It is considered that in total the combination of formal, informal and incidental open space and sport provision as indicated in the submitted information is capable of complying with Policies L9 and L*. A suitably worded condition should be applied to any consent granted to secure its delivery.

With regard to Policy D7 (contaminated land) there is no doubt that this site falls to be considered under this policy. The criteria contained in it are all matters which have been addressed by the applicant in the remediation strategy proposed.

This strategy has been fully considered by the Council’s consultants, and it is considered that subject to the imposition of a wide range of conditions relating to the periods before, during and after the remediation strategy being undertaken, the proposal is acceptable and conforms to the requirement of this policy.

Cont..... Application No. P/03/0926 Continued.

Policy U* deals with all aspects of drainage. In this regard the comments of Hyder, Environment Agency and the Chief Engineer (Drainage) on the principle of this development are relevant. Their views require a comprehensive drainage system to be submitted which will address all aspects of site drainage. Such a matter can be dealt with by way of conditions attached to any consent granted.

The final U.D.P. Policy of relevance refers to the development of new community facilities (i.e. Policy CF1 regarding the crèche/surgery, the public house and hotel). These are clearly indicated on the “Master Plan” and their inclusion in this mixed use development will be conditioned by the approval of that plan and the uses identified.

The criteria require that they be appropriately located, have adequate access for the disabled and have good access to public transport. It is considered that these criteria can be met by way of these details forming part of a Design Brief for this site, and conditioned to that effect.

It is considered therefore that this proposal accords with the relevant policies of the Deposit Caerphilly County Borough Unitary Development Plan.

Turning to National Planning Policy, this is contained in Planning Policy Wales (March 2002). The chapter on housing contains guidance on sites which have been the subject of previous development – Paragraph 9.2.6 states that:-

“Maximising the use of appropriate previously used developed land for housing development can assist regeneration and at the same time relieve pressure on Greenfield sites. In particular local authorities should consider the contribution that reclaimable or reclaimed urban land and disused or underused buildings can make to the overall provision of land for housing.”

This is a point referred to by the Inspector in his decision on the U.D.P. Inquiry, within which he identified five large sites, of which Penrhos was one, in his comment on the Development Strategy of the Plan.

Planning Policy Wales also advised of the need for new development to be well integrated into the existing pattern of development and avoid creating ribbon development.

It is considered that this proposal accords with the applicable advice contained in Planning Policy Wales.

In view of the outline nature of the scheme, TAN guidance such as TAN12 on Design are not relevant at this stage but will become so when the reserved matters applications are submitted for approval.

It is considered that the proposal in respect to the policy context is acceptable. This is based on the following:-

a) It accords with the statutory development plan as required under Section 54A of the Act (as amended). Cont..... Application No. P/03/0926 Continued.

b) It accords with the policies contained in the Caerphilly Unitary Development Plan : Proposed Modifications to the Deposit Plan. c) It accords with the advice contained in Planning Policy Wales (March 2002).

3. Consultation Responses

It is evident from the consultation responses contained above that none of the required and standard consultees raise objection sufficient to warrant refusal of this application.

In considering this proposal two particular areas of concern needed to be addressed (i) the contamination of the site and its remediation to accommodate the mixed use development proposed and (ii) the impact of the increased traffic generation on the highway network.

It is evident from the responses of the relevant pollution control bodies such as the Environment Agency and the Environmental Health Department that this site is complex and requires to be treated so. They do not, however, object to the proposal but consider that conditions be imposed which address all their concerns.

With regard to the highway position, whilst appreciating that access remains a reserved matter the Chief Engineer (Highways) has requested that conditions be imposed in respect to on and off-site works.

These off-site works require “Grampian” style conditions whereby infrastructure works are required to be completed prior to the occupation of a defined number of dwellings on site.

These works will be deliverable by way of a Section 106 Agreement, which the applicant is prepared to enter into with regard to the signalisation of Penrhos roundabout and the required dualling of the A468 where it runs between the Penrhos and Nantgarw roundabout.

This latter agreement will involve other parties outside the applicant and this council being signatories to it, most notably Rhondda Cynon Taf County Borough Council whose officers have agreed to recommend the use of their permitted development rights as highway authority, to improve the existing highways network.

It is expected that by the Committee meeting date, confirmation of Rhondda Cynon Taf’s willingness to enter into such an agreement will be confirmed.

With regard to the other consultees, a number require the imposition of conditions on any permission granted. This will be undertaken in the majority of cases where appropriate from a planning point of view.

It must be accepted that the remediation strategy is the key for the development of the site. This strategy as shown on the proposals plan relating to it and shows that to be successful the strategy must incorporate the vast majority of the site. Partial remediation is not an appropriate option. Cont..... Application No. P/03/0926 Continued.

The result of this strategy is that the identified areas will be treated in such a way so as to leave very little unaffected. The limited area which is to remain untreated is located at the highest point next to the Penrhos roundabout. This is the location with maximum exposure to one of the district's main strategic routes into and out of it. It is at this point that your officers would wish a “Statement” building, such as the hotel to be built to promote the area in a positive light.

As a consequence a balanced view of the context within which such comments are made has to be taken. This view may result in certain impractical and unreasonable requests not being conditioned.

Turning to the comments of the general public on this application the responses of your officers are as follows:-

1. The Chief Engineer (Highways) has concluded that the highway improvements proposed will address, to an acceptable level, the anticipated impact of the traffic generated as a result of this development. No objection has therefore been raised on highway safety grounds. The Transport Directorate of the National Assembly for Wales has also raised no adverse comments in respect to the impact of the proposal on the A470 Trunk Road. 2. This is a matter which can be addressed by way of condition attached to any permission granted. 3. This is not a material planning consideration. 4. The issue of privacy between adjoining properties is one which will be dealt with when the detailed applications are submitted for approval. The Council has design guidance which specifically relates to privacy protection issues. 5. Loss of view is not a material planning consideration. 6. Conditions such as those controlling hours of operation, can be used in an attempt to limit such construction noise to avoid the sensitive time periods. The Environmental Health Department can also take action to limit operations which they deem a statutory nuisance. 7. The issue of pressure on schools has been addressed by way of the requirement of the Education Department of £270,000 to provide four new classrooms (i.e. one at Hendre Infants, one at Hendre Junior and two at St. Cenydd Comprehensive School). This will provide for the capacity to accommodate the additional pupils expected to result from the new development. 8. This is not a material planning consideration. 9. The land is indeed contaminated. It is not just contaminated as for example a former factory site or a colliery spoil tip would be. It has been contaminated by pockets of toxic waste and other substances which, for the good of the area, should be removed if at all possible. This Authority and its predecessor Council over the years, through the local plan process has sought to reclaim and remediate the site. The Adopted Caerphilly Basin Local Plan, stated in 1983 that “the Council is concerned that a solution to the Penrhos situation should be evolved within the context of the Local Plan.”

Cont.....

Such site contamination is best dealt with by universal remediation and removal from site if necessary. The current scheme proposes a large scale remediation scheme, which it is considered will allow the safe development of the site for mixed use purposes. This scheme will also be of benefit to this whole area of the town. 10. It is correct to state that all the ecological surveys identified in the Environmental Statement have not been completed. This can be remedied by way of condition. It must be accepted, however, that the remediation strategy contained in the Environmental Statement involves required work being undertaken to the vast majority of the site. This leaves an extremely limited amount of land which will remain untouched by that strategy. In the circumstances this fact could be considered as a reasoned justification for this omission. 11. This comment refers primarily to the proposed restaurant/public house. It is not accepted that such a use in itself results in unacceptable disturbance. This element is located as part of the non-residential section of the site and is positioned near a busy roundabout. It is not considered that in such circumstances the principle of such a use is unacceptable as its purpose is to serve the public and its location in respect of them should be an integrated one. 12. This site has been the subject of a number of detailed studies over the past 30 years. It therefore has been well researched and it is the Council’s judgement that it does not require any further reports/studies in respect to this development, other than those requested by conditions attached to any consent Committee may grant. 13. There is a condition proposed in respect to the treatment of Japanese Knotweed. 14. The mitigation measures proposed in the Environmental Statement are considered appropriate and adequate by the Environmental Health Department and our external consultants, subject to the imposition of the relevant conditions attached to any consent granted. 15. The traffic assessment submitted has been assessed by the Chief Engineer (Highways) who has concluded that, subject to the imposition of conditions and the completion of a Section 106 Agreement regarding the funding and provision of highway works, no objection is raised. This recommendation is based on the information provided, which has been considered acceptable. 16. This is a matter which can be addressed by way of condition.

With regard to the other concerns raised, the issue of children's play space can be dealt with by condition whilst that of light pollution is one for consideration at the detailed stage.

CONCLUSION

In conclusion, it is considered that there are no policy or other material planning considerations which would justify the refusal of the principle of a mixed use development on this site.

Cont..... Application No. P/03/0926 Continued.

The land is brownfield in nature, it is located within the settlement limits of both the adopted development plan and the Deposit Caerphilly County Borough Unitary Development Plan: Proposed Modifications to the Deposit Plan. It has a planning history which relates to a wide range of uses from tipping to residential and leisure, indeed one permission relating to A3 uses, remains extent on the site. The current scheme represents an opportunity to remediate land which requires remediation but which would have to remain in its current state without it. Such remediation has been the aim of the relevant Councils for the past twenty years.

In the circumstances it is recommended that this application be deferred to allow the Section 106 Agreement to be completed in respect to highways, education and housing matters. Thereafter planning permission be granted subject to the conditions recommended in this report.

RECOMMENDATION that Permission be DEFERRED to allow the completion of a Section 106 Agreement under the Town and Country Planning Act 1990 (as amended). Such agreement shall be designed to relate to the following subject matters.

(1) The highways works involving:-

a) the signalisation of the Penrhos roundabout; b) the dualling of the required part of the A468 between Penrhos roundabout and the Nantgarw roundabout.

Such works shall be completed either prior to the occupation of the 180th dwelling on site or before 1st September, 2005, whichever is the sooner. These works shall be funded completely by the developer.

(2) A sum of £270,000 for the provision of four classrooms at the following sites – Hendre Junior School (one classroom), Hendre Infants School (one classroom) and St. Cenydd Comprehensive School (two classrooms) shall be paid by the developer. This shall be paid as follows:-

a) £135,000.00 upon the occupation of the100th dwelling. b) £135,000.00 upon the occupation of the 150th dwelling.

(3) On the basis of the previous discussions with the developer, confirmed in their letter of the 9th September, 2003, the residential development on site shall include the agreed element of affordable housing. Such housing being defined on the basis of the definition of the term “affordable housing” contained in Technical Advice Note (Wales) 2 “Planning and Affordable Housing.”

This permission is subject to the following conditions:-

(2) Plans and particulars of the reserved matters referred to in condition (1) above, relating to the siting, design and external appearance of any buildings to be erected, the means of access to the site and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. (3) Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. (4) The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. (5) As part of the information required under the reserved matters application(s) referred to in Condition (1) above, the developer shall, before the construction work on buildings is commenced, carry out an investigation of the underground strata (the results of which shall be submitted to the Local Planning Authority) in order to satisfy himself as to the stability of the site and the measures which should be taken to mitigate against the risk of subsidence. Details of the design of the foundations of the proposed buildings shall take account of the result of the investigation and shall be submitted to and agreed in writing with the Local Planning Authority before construction work commences. The foundations shall thereafter be completed in accordance with such details as may be approved. (6) This permission shall relate to the disposition of land uses and the areas of each as specified in the “Master Plan” submitted with the Environmental Statement and identified as S828 drawing 09d. (7) No development shall commence until the developer has prepared a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water, land drainage and the drainage resulting from the remediation strategy has been submitted and agreed in writing with the Local Planning Authority. Thereafter this agreed scheme shall be implemented concurrently with the development of the site. (8) Prior to development commencing detailed drawings of the final land form resulting from the remediation strategy including levels and cross-sections over the site shall be submitted to and agreed in writing with the Local Planning Authority. Thereafter the remediation strategy shall work to this agreed land form. (9) No works shall commence on any building or dwelling until details have been submitted to and approved by the Local Planning Authority which provide a footway from the site access along the north side of route B4600 Nantgarw Road in an easterly direction to link with the existing access to Sunningdale, together with measures to improve pedestrian and cycle links from the proposed development to the Castle View development to the south. The works shall be completed in accordance with the agreed details prior to the occupation of any building or dwelling. (10) No works shall be carried out on any building or dwelling until full engineering details have been submitted to and approved by the Local Planning Authority which provide increased capacity at the existing Penrhos roundabout to the west of the site. The scheme shall be based on Ove Arup drawing 113064-00 Fig.4.1 Issue 10 unless otherwise agreed. The roundabout shall thereafter be improved in accordance with the agreed details prior to the occupation of the 150th dwelling or 1st September, 2005, whichever is the sooner. (11) The site shall be served by a single means of vehicular access from the B4600, together with an emergency vehicular access to or from the B4600 or A468 in accordance with details to be agreed with the Local Planning Authority and implemented prior to the occupation of any building or dwelling. Cont..... Application No. P/03/0926 Continued.

(12) Prior to the occupation of the 150th house constructed on this site or the 1st September, 2005, the required dualling of the A468 Caerphilly Road between the A470 Nantgarw roundabout and the Penrhos roundabout shall have been completed to an adoptable standard. This dualling shall be undertaken on the basis of drawing nos. 71767-102 and 7169-PA1 dated 27th October, 2003, such drawings having been subject of agreement between the applicant, and Caerphilly County Borough Council. (13) Prior to the commencement of any work other than the remediation strategy associated with the development of the proposed afteruses a Design Brief shall be prepared for the whole application site and shall be submitted to and approved in writing by the Local Planning Authority. The Brief shall include provision for the following:-

a) The development shall be laid out to accommodate facilities for public transport, cycling, pedestrians, disabled and vehicular movement through the site and to and from the neighbouring communities and transportation corridors. b) Details of the phasing of the development should have regard to providing levels of access to accommodate all classes of highway users and particularly public transport as the development becomes occupied. c) The design of the new housing shall have regard to the guidance set down in the Council’s Development Design Guide No. 1, Housing Development in Urban Areas (March 2002). d) The location of the proposed Local Areas of Play (LAPS) and the Neighbourhood Equipped Area for Play (NEAP) referred to in the submitted Environmental Statement.

This brief shall thereafter be read in association with the Master Plan and form a structural basis for the future mixed use development of the site. (14) As part of the landscaping details required in Condition (1) the developers shall pay due regard to the Landscape Strategy (5828 drawing 10) approved as part of this consent. In addition to this strategy measures for the protection of the remaining trees, hedgerows and grassland identified in the strategy plan shall be provided and agreed in writing with the Local Planning Authority. Thereafter these protection measures shall be put in place prior to building construction work commencing on site. (15) Prior to the remediations strategy commencing, details shall be submitted which clearly show the phasing of the works comprising the strategy. Such details shall be agreed in writing with the Local Planning Authority and thereafter implemented concurrently with the remediation of the site. (16) No building approved by this permission shall be occupied until the remediation strategy, as detailed within the Geoenvironmental/Geotechnical Innovation Volumes 1-2a and 2b dated June 2003 has been fully implemented. (17) No building approved by this permission shall be occupied until a report has been submitted to and approved in writing by the Local Planning Authority (as detailed within the remediation strategy) which verifies that the required works have been undertaken in accordance with the remediation strategy, such that the report shall include post remediation sampling and monitoring results to demonstrate that the required remediation standard has been achieved and the report shall also indicate proposals for future long term monitoring proposals and related reporting requirements. Cont..... Application No. P/03/0926 Continued.

(18) During development works, should any contamination be encountered which was not previously identified and is derived from a different source and/or of a different type to those included in the remediation strategy then a revised report shall be submitted to the Local Planning Authority within an agreed timescale for written approval. (19) Prior to the remediation strategy commencing on site, details of a scheme to monitor quality of groundwater/surface water, gas and particulate (P.M.10) prior to, during and post remediation/site preparation shall been submitted to and approved in writing by the Local Planning Authority. The monitoring scheme must include reference to the following:-

a) number, location and depth of monitoring wells/sampling points; b) range of water quality to gas determinands to be analysed; c) frequency and duration of sampling; d) method of decommissioning redundant monitoring wells.

(20) Following completion of the on-site remediation, any servicing or construction works which could breach the protective measures incorporated as part of the remediation, works shall be agreed in writing with the Local Planning Authority. Thereafter these agreed details of work shall be implemented in accordance with this agreement. (21) No development approved by this permission shall be commenced until a detailed method statement describing the works to be undertaken and details of any necessary pollution prevention measures during the remediation phase are submitted, agreed and implemented with the agreement in writing of the Local Planning Authority. The method statement must identify as a minimum:-

a) all fuels, oils and chemical storage facilities; b) details of surface water drainage arrangements to be installed to intercept and treat contaminated surface water run-off; c) details of measures to ensure there is no polluting discharge from haul roads and disturbed areas; d) details of the nature, type and quantity of materials to be imported on site.

(22) No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water regulation system has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall be implemented in accordance with the agreed details prior to the construction of any impermeable surfaces draining to the system. (23) Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through a class 1 by-pass oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor. (24) No building approved by this permission shall be commenced until a detailed scheme for the long-term control of Japanese Knotweed has been submitted and agreed in writing with the Local Planning Authority. Thereafter this agreed scheme shall be undertaken concurrently with the development of the site. (25) Prior to the remediation strategy commencing, the detailed design of the remediation methods shall be submitted and agreed in writing with the Local Planning Authority and shall include the following:- Cont..... Application No. P/03/0926 Continued.

a) the method of removal, storage and testing of the cover material (approximately two metres); b) the methods of investigation and identification of hotspot contamination once the cover has been removed; c) the methods for extraction and disposal of contaminated material; d) the details of the proposed barriers for gas and liquid; e) the method for storage and testing of any liquids prior to discharge to sewer, stream or removal from site, the storage method is to ensure no secondary contamination through escape on the site.

(26) Prior to the remediation strategy commencing, a risk assessment shall be agreed in writing with the Local Planning Authority which shall include measures to protect the health and safety of persons working on site and the surrounding neighbourhood. As part of this requirement a nominated, suitably qualified person(s) shall be located on site for the duration of the remediation works. (27) Prior to remediation works commencing a scheme for the mitigation of odour, dust and noise shall be submitted and agreed in writing with the Local Planning Authority. Thereafter the agreed scheme shall be implemented concurrently with the remediation works. (28) The hours of operation relating to the remediation works shall be restricted to 7.00 a.m. to 9.00 p.m., Monday to Saturday (inclusive). There shall be no work outside these hours or on Sundays and bank holidays unless as may otherwise be agreed in writing with the Local Planning Authority. (29) Prior to remediation work commencing, a procedure shall be submitted and agreed in writing with the Local Planning Authority which stops the work or requires actions where there are exceedences in the monitoring programme, or another identified risk. This procedure will be followed upon request by the Council. (30) Prior to the occupation of any building on site a scheme for the on-going monitoring of gas shall be submitted to and agreed in writing with the Local Planning Authority. This scheme shall include the frequency and duration of monitoring. Once agreed the scheme shall be implemented concurrently with the development of the site. (31) Prior to occupation of any building on site a scheme for the maintenance of gas and liquid barriers shall be submitted and agreed in writing with the Local Planning Authority. Thereafter this scheme shall be fully implemented concurrently with the development of the site. (32) Prior to the occupation of any building on site a scheme for the on-going collection of leachate and protection of groundwater and the Nant Gledyr stream shall be submitted to and agreed in writing with the Local Planning Authority. Thereafter the agreed scheme shall be fully implemented concurrently with the development of the site. (33) Prior to the construction of any building on site a scheme for gas protection measures for buildings shall be submitted to and agreed in writing with the Local Planning Authority. Thereafter this scheme shall be implemented as part of the construction works. (34) No works whatsoever shall commence until a scheme has been agreed with the Local Planning Authority in respect of the transportation of contaminated material from the site. The scheme shall include vehicle routes, methods of achieving cleanliness of vehicles on the highway and operational arrangements for vehicles arriving at the site to ensure free flow of traffic is maintained in the vicinity of the site access, the contractors compound and the public highway. The operation shall thereafter be carried out in accordance with the agreed scheme unless otherwise agreed, in writing, with the Local Planning Authority. Cont..... Application No. P/03/0926 Continued.

The reasons for the Council’s decision are:-

(1) The application is made in outline only and to ensure that the development shall be carried out in an orderly and satisfactory manner. (2&3) To comply with the provisions of Section 92 of the Town and Country Planning Act 1990. (4) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (5) To safeguard the buildings against the risk of damage from surface subsidence due to underground mining. (6) To establish the mix and location of the land use acceptable for this site. (7) to ensure the site can be adequately drained. (8) To retain control over the final land form. (9-12 & 34) In the interests of highway safety. (13) To provide a high quality control for the overall development of the site. (14) In the interests of residential and visual amenity. (15) To retain control over this aspect of the development. (16-19, 21,25&32) To prevent pollution of the environment. (20) To ensure the integrity of the remediation measures. (22) To prevent the increased risk of flooding. (23) To prevent pollution of the aquatic environment. (24) To prevent the spread of invasive species. (26,29&33) In the interests of health and safety. (27,28,30&31) In the interests of residential amenity.

Advisory Note.

The applicant be advised of the comments of Hyder, Western Power Distribution, Countryside Council for Wales, Forward Planning Manager regarding Policy T4(3), Chief Engineer (Highways) and Chief Engineer (Drainage). ______

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1262 Mr. J.W. Miles, Construct new building for storage 17/09/03 Melin Caiach House, of hay, straw and horse feed at Mill Road, Maes Lan Farm, Heol Adam, Quakers Yard, Gelligaer. Treharris.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Full planning permission is sought in respect of erection of a new building for the storage of hay, straw and horse feed on land at Maes Lan Farm, Heol Adam, Gelligaer. The proposed building is to replace seven existing storage containers on the site. The holding is approximately 14.36 hectares (36 acres) in area and is situated north of Gelligaer and south of the Gelligaer Conservation Area. It is bounded on the east by a road known as Heol Adam, on the south by the B4254 and to the west by a public footpath. The cup-marked stone Maen Catwg is a Scheduled Ancient Monument and is located in the same field parcel no.6736, approximately 180 metres north of the application site. An existing barn on the site, comprising of some 12 pens currently provides stabling for the horses kept on the land. Two extensions off the front of this barn provide an additional seven stables, three of which are currently used for storage. The land has no land use allocation in the deposit Caerphilly County UDP. Vehicular access to the site is obtained via a track (granted planning approval in July 2002), running along the boundaries of the adjoining field parcel no.7217 leading off Gelligaer Road.

The dimensions of the building are approximately 12.2 metres x 18.3 metres x 3.7 metres high with a ridge roof. The external finishes of the building include box profile green polyester painted steel sheeting in the walls and grey corrugated fibre cement sheeting in the roof.

PLANNING HISTORY

Reference No. Description Decision Date P/02/0124 Access track Approved 19/7/02 5/5/92/0109 COU 18 hole Golf Course Refused 25/3/93 5/5/94/0059 COU 9 Hole Golf Course Approved 31/3/94

POLICY

The site is outside settlement limits and has no land use allocation in, the Approved Rhymney Valley District Local Plan or the Deposit Caerphilly County Borough Unitary Development Plan, Proposed Modifications, January 2003.

Cont…….. Application No. P/03/1262 Continued.

The development has been assessed against standard development control criteria contained in Policies BE1 of the Approved Rhymney Valley District Local Plan, together with Policy BE5 of the Approved Rhymney Valley District Local Plan (Scheduled Ancient Monuments and their environs).

Policies C1 (development in the countryside), DC1 (standard development control criteria), DC2 (settlement boundaries), DC3 (supplementary planning guidance) of the Deposit Caerphilly County Borough Unitary Development Plan, and the associated supplementary planning guidance contained in Design Guide 4 – Buildings in the Countryside are also relevant. Policy HE6 in relation to Scheduled Ancient Monuments and the environs is also relevant.

Advice on the way in which Local Planning Authorities consider development related to the keeping of horses and the construction of stables in the countryside is contained in TAN (Wales) 6 – “Agriculture and Rural Development.” This document aims to encourage rural activity, conserve and improve the diversity of wildlife and habitats.”

Although there are no specific policies relating to this kind of development in either the Approved Rhymney Valley District Local Plan or the Deposit Caerphilly County Borough Unitary Development Plan, it is acceptable that, whilst such uses are appropriate in the countryside, their determination shall be made on the individual merits of the application, judged against the above advice and guidance.

Welsh Office Circular 60/96 is also relevant and refers to the preservation or archaeological remains by record.

CONSULTATION

Chief Engineer (Highways) has no objection to the development. However, he notes that the vision splays have not been provided at the access subject of consent ref: P/02/0124. He also confirms Public Right of Way Footpath 260 Gelligaer crosses the site and that no works shall commence until the right of way has been dealt with in accordance with statutory requirements.

Campaign for the Protection of Rural Wales does not object to the application but comments that the proposed shelter should be soundly constructed from durable materials and be so sited as to have a minimum visual impact.

Gelligaer Community Council raises no objection to the development.

Glamorgan Gwent Archaeological Trust confirms that the application area is located near the Roman fort at Gelligaer, and the road leading to the fort from the north. A burial chamber of pre-historic date is also located close to the site and inhumations of mediaeval date have also been found nearby. Archaeological finds associated with the Roman occupation and earlier have also been discovered in the vicinity.

Cont…….. Application No. P/03/1262 Continued.

Development work in this area may, therefore, disturb archaeological features. Consequently, it recommends that the developer appoint a suitably qualified archaeologist to undertake an archaeological watching brief during the ground disturbing work in line with government guidance given in Welsh Office Circular 60/96, section 22.

The application was advertised on site and in the press but no letters have been received in response.

ANALYSIS

The principle of development of this type in the open countryside is not in question. Equestrian activities are common - place on the urban fringe, and the provision of a stable building or barn such as this would be seen as necessary for the well being of the animals.

The building is intended to replace existing storage containers on the site used in association with an adjacent existing barn, which according to the applicant was originally used for the wintering of sheep for early lambing. The applicant no longer keeps sheep on the holding only horses. The containers are used for the storage of hay and other feeds in association with this use.

The building is well located, taking advantage of natural screening along the western boundary, and will be seen against the existing barn to form a group. The scale of the development is not inappropriate to this setting. The new building will remedy the adverse impact upon the character of this rural setting caused by the seven storage containers, which are to be removed. In this respect it is considered appropriate to attach a condition to any consent requiring that all the storage containers be removed. It is also considered appropriate to attach a condition to any consent preventing external storage of equipment, vehicles or materials, other than horse feeds and waste and also preventing the use of the shelters for the commercial keeping of horses.

The building is of a satisfactory standard of design but it is considered appropriate to attach a condition to any consent requiring a limited amount of tree planting landscaping, in part to limit the visual impact of the group of buildings and partly to build upon the strong landscape character of the fields to the south and west.

Whilst the proposed development occurs within the same field parcel no.6736 as the Scheduled Ancient Monument, Cup Maen Cattwg, it is not considered that the proposal would have any adverse effect upon the ancient monument or its setting, given that the development would be located some 180 metres south.

The application site is crossed by a public right of way and it will have to be diverted to allow the development to take place.

Cont……… Application No. P/03/1262 Continued.

In conclusion it is considered that the development is acceptable in planning terms subject to the conditions referred to above.

RECOMMENDATION that (A) decision is DEFERRED to allow the expiry of the press notice regarding the effect of the development on the public right of way.

(B) That the Chief Planning Officer be authorised to issue planning approval on the 11th December 2003 following the expiry of the 21 day statutory consultation period in respect of the press notice advertising development affecting a public right of way providing no material adverse comments are received.

This permission is subject to the following conditions: -

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) Additional screening is to be planted to the field boundary to the front of the proposed storage shed and alongside the eastern boundary to the adjacent access track, as indicated in red on the attached plan. The planting should include 3 no. 1.5 metre to 2 metre high Beech Trees within wooden stockproof guards along the line of the wall to the field boundary to the front of the proposed storage shed and 4 no. 1.5 metre to 2 metre high Beech Trees within wooden stockproof guards alongside the eastern boundary adjacent to the access track. Planting is to be carried out in the first planting season following the date of approval of this consent. Such details as agreed shall be implemented in the first planting season following the date of approval of this consent. (3) The existing storage containers located within the approved site shall be removed within 6 months of the date of the consent hereby approved. (4) There shall be no external storage of equipment, vehicles or materials other than horse feeds and waste associated with the development hereby approved. (5) The horse shelters hereby approved shall not be used in connection with any commercial or business enterprise whatsoever. (6) The developer shall ensure that a suitably qualified archaeologist is present during the undertaking of any ground disturbing works in the development area, so that an archaeological watching brief can be conducted. The archaeological watching brief will be undertaken to the standards of the Institute of Field Archaeologists. The Local Planning Authority will be informed, in writing, at least two weeks prior to the commencement of the development of the name of the said archaeologist.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In order to provide additional screening and to re-establish the existing hedgerow framework (3,4, & 5) In the interest of visual amenity. (6) 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.

Cont……… Application No. P/03/1262 Continued.

Advisory Note

The existing public footpath that crosses the site cannot be obstructed or diverted without first receiving the appropriate consent under separate statutory procedures.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1199 C. Denman, Change use of part of sawmill to 28/08/03 Denman & Sons, stores and retail area and create new New Road, layout for parking at Denman & Tiryberth, Sons, New Road, Tiryberth, Hengoed. Hengoed.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Permission is sought to change the use of part of an existing sawmill at Denman’s Builders Supplies to a retail area and stores. An additional 360 square metres of retail space would be created within the existing building. Part of the front elevation of the existing building would be removed and a new pitched roof entrance porch constructed. The roof and walls would be refurbished and covered in composite profiled sheeting, goosewing grey in colour.

Additional car parking will be provided at the front and rear of the premises, and following a meeting with Officers, the layout of these areas has been revised to ensure satisfactory segregation between pedestrians and vehicles. Pedestrians will be able to access the retail area from the front and rear, with a segregated pick up area also at the rear.

PLANNING HISTORY

Ref. No. Description Decision Date 5/5/89/0667 Use buildings as timber workshop and erect Deemed warehouse and showroom for Builders Withdrawn 21/01/96 Merchants 5/5/95/0677 Retail Food Store Refused 09/08/95 P/99/0216 Polytunnels Approved 06/05/99 P/01/0003 Polytunnels Approved 15/02/01

POLICY

Relevant policies in the Deposit Caerphilly County Borough Unitary Development Plan ‘Proposed Modifications’ are DC1 (general development control criteria), DC2 (definition of settlement boundaries) and R6 (small retail proposals outside town, district and local centres).

PUBLICITY

There has been no response to the neighbour notification and site notice.

Cont………. Application No. P/03/1199 Continued.

CONSULTATION

Chief Engineer (Highways) raises no objection subject to the provision of adequate vision splays and the proposed car parking being available before the occupation of the new retail use.

Chief Engineer (Drainage) notes that the existing drainage system will not be affected by the proposals.

Chief Environmental Health Officer considering the health and safety aspects of the scheme commented on the proposed parking layout and of the need to ensure segregation between vehicle and pedestrian movements within the site.

Welsh Water draws attention to a public sewer crossing the site.

Gelligaer Community Council raises no objection.

ANALYSIS

The site lies within the settlement boundary as defined in Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan and therefore in principle the development is acceptable.

The proposal is not located in a defined town, district or local centre as such stores are best suited to locations outside these defined centres. The total floor area of the building is 862.5 square metres; therefore the proposal is classed as a small retail proposal in policy terms. Accordingly Policy R6 applies. This policy states:-

“Outside the town, district and local centres defined in Policies 1R and R1, new small scale retail units, or proposals for change of use to small retailing units, will not be permitted if the proposal, either in itself, or cumulatively with other approved retail developments, recently completed developments, and plan commitments would undermine the vitality and viability of those defined centres:-

a) Unless the proposal is to serve neighbourhood need; or, b) Unless the proposal is ancillary, and appropriate, to another commercial use.”

It is not considered that the proposal would undermine the vitality and viability of the centres defined in Policies 1R and R1 and therefore the proposal is acceptable in policy terms.

The changes to the building are considered acceptable in design terms, subject to the colour of the external finishes being agreed.

The revised parking layout has addressed the initial concerns about safety of pedestrians as they move into an out of the building.

Cont………. Application No. P/03/1199 Continued.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) This permission shall relate to the revised site layout Drawing Number B5773a. (3) The space within the curtilage of the site to be used for the parking of vehicles and the means of access thereto shall be constructed, surfaced and laid out before the development is brought into use and be thereafter properly maintained, and in accordance with details which shall have been submitted to and approved by the Local Planning Authority. (4) No obstruction or planting when mature, exceeding 900 mm in height, or any display materials, shall be placed within the required vision splay of 4.5 x 90 metres. (5) Notwithstanding the submitted drawings, the colour of the external finish of the building shall be agreed with the Local Planning Authority before work commences on site.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In order to retain effective control over the development. (3 & 4) In the interests of highway safety. (5) In the interests of visual amenity.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1421 Ms. G. Morgan, Prune one Oak Tree (T2) subject of 21/10/03 3 Castle Cottages, T.P.O No. 39 (1980) at 3 Castle Castle Hill, Cottages, Castle Hill, Gelligaer. Gelligaer.

APPLICATION TYPE: TREE PRESERVATION ORDER

SITE AND DEVELOPMENT

This application relates to 3 Castle Cottages, Gelligaer where it is proposed to prune an oak tree (T2) subject of former Rhymney Valley District Council Tree Preservation Order (TPO) No 39 of 1980. Other works include the removal of deadwood, and damaged or crossing branches in that and one other oak tree (T1).

PLANNING HISTORY

None.

CONSULTATION

Gelligaer Community Council has no objection.

Residents at numbers 2 and 4 Castle Cottages were notified of the application, and a site notice was posted within the vicinity.

A letter of objection to the application was received. The objector states that the oak trees are not dangerous.

ANALYSIS

Originally the application was to fell 2 oak trees and an ash tree, and prune 2 other ash trees. Whilst the ash trees are within the Conservation Area they are not covered by the Tree Preservation Order, but they are the subject of a separate notification to this council. The reason cited for the removal of the oak trees was concern over safety. An inspection of the trees showed that there were no signs of instability or erosion around the roots. The applicant submitted a letter dated 5 November 2003 to modify the application. The proposal to remove the ash trees was deleted from the application, as was the proposed removal of the oak trees. The application only seeks to remove some low branches from the oak tree identified as T2.

RECOMMENDATION that Permission be GRANTED.

Cont…….. Application No. P/03/1421 Continued.

This permission is subject to the following conditions:-

(1) All works shall be carried out in accordance with British Standard 3998:1989 (2) The works shall be carried out within two years of the date of this decision notice. (3) The work hereby approved shall be limited to the following:-

T1 and T2 – oak trees, remove any deadwood, damaged or crossing branches as necessary. T2 – oak, remove three lowest branches.

The reasons for the Council’s decision are:-

(1) To ensure the works are in accordance with good arboricultural practice. (2) To reflect changes in the tree’s / trees’ condition. (3) To improve the safety of the trees and minimise height into the garden.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1454 Mr. J. Bishop, Erect two dwellings on Land 28/10/03 c/o Mr. G. Powys Jones Msc, FRTPI, adjoining Rhosyn Du, Commercial The Maltings, Street, Aberbargoed. East Tyndall Street, Cardiff.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Full planning permission is sought for the erection of a pair of semi-detached properties on the site of the former 154, 156, 158 and 160 Commercial Street, which now forms the eastern part of the curtilage of a detached bungalow which gains vehicular access from a rear lane to the west but has a pedestrian access running along the southern boundary to the site adjacent to 162 Commercial Street.

Each house would have three bedrooms with the driveways for each going below part of the first floor of each dwelling. Parking and amenity space would be formed at the rear of the dwellings, which are shown to be 23m from the rear elevation of the applicant’s bungalow, which is set at a substantially lower level. The main front walls of the dwellings are proposed to be positioned 2m off the highway edge with each dwelling having a small porch to the front.

This is the resubmission of a similar application, which was previously refused on the 1st March 2003, the reason for the refusal including the following:-

“The site lacks sufficient frontage to provide vision splays of 2.4m x 90m to cater for vehicles emerging onto the highway. The proposed additional use of the substandard access will create increased traffic hazards to the detriment of highway safety, …..”

This application aims to address the above reasons for refusal by the introduction of alternative access arrangements.

PLANNING HISTORY

Reference No. Description Decision Date 5/5/87/0763 Detached bungalow Approved 1988 5/5/88/0101 Three terraced houses Refused 1988 5/5/89/0318 Three terraced houses Refused 1989 P/96/0853 Create vehicular access Approved 1997 P/01/1213 Two dwellings Refused 01/3/02

Cont………. Application No. P/03/1454 Continued.

POLICY

The policies of particular relevance to this application are Policies DC1 (development control criteria), DC2 (settlement boundary) DC3 (Supplementary Planning Guidance) and H2 (development on unallocated sites) of the Deposit Caerphilly County Borough Unitary Development Plan: Proposed Modifications – January 2003.

Policy 1DC requires that proposals for development will only be permitted if they meet specified criteria and if they are consistent with the underlying principles of good design, sustainability, and maintaining the identity and vitality of settlements.

Policy DC2 aims to concentrate new development within existing settlements.

Criterion B of Policy DC1 requires development to be compatible in land use terms with other land uses in the vicinity. Criterion E of DC1 requires development to be well designed in terms of setting, scale, density, layout, materials and landscaping. There are two new criteria within Policy DC1 in relation to parking and servicing which are also relevant.

Similar Policy BE1 (standard development control criteria), of the Approved Rhymney Valley District Local Plan is also relevant, together with local plan policy H2 (development on unallocated sites).

As a result of publicity and neighbour consultation four letters of objection have been received from local residents who oppose the application with the following comments being forwarded: -

a) loss of view; b) loss of sunlight; c) loss of privacy; d) danger to highway safety by the proposed reduction in the width of the carriageway; e) parking problems; f) stability of ground; g) inability to maintain property.

Cont……… Application No. P/03/1454 Continued.

CONSULTATION

Chief Engineer (Highways) objects to the development because of the limited visibility available at the access to the site. Also, the access arrangements will create hazards to the detriment of highway safety and the free flow of traffic along the A469.

Chief Engineer (Drainage) provides advice on satisfactory drainage.

Transco and Western Power Distribution raise no objection to the development and provide details of their apparatus in the area.

The Coal Authority raises no specific concerns in relation to the application.

Hyder confirms that the proposed development site is crossed by a public sewer and advise that foul and surface water discharges must be drained separately from the site. Advice is given to be conveyed to the developer in respect of the same.

Chief Environmental Health Officer has no adverse comments in respect of the development.

Environment Agency (Wales), provides a standard guidance note to be conveyed to the developer.

ANALYSIS

The proposal would be consistent with Policy H2 of the Deposit Caerphilly County Borough Unitary Development Plan in that it would be regarded as infill development.

The matters raised by residents in relation to subsidence and privacy, are not considered to be sustainable in any refusal of planning permission. Loss of view and inability to maintain property are not planning matters.

Chief Engineer (Highways) has considered the revised proposals subject of this application. The revised access arrangements include encroachment onto the carriageway resulting in the reduction of its width. He objects to the development for the reasons stated above.

The applicant has failed to address the previous highway reasons for refusal. Therefore, it is considered that the proposed scheme conflicts with local plan policies and is not acceptable in planning terms.

RECOMMENDATION that Permission be REFUSED.

The reasons for the Council’s decision are:-

Cont………. Application No. P/03/1454 Continued.

(1) The site lacks sufficient frontage to provide vision splays of 2.4m x 90m to cater for vehicles emerging on to the highway, which will create traffic hazards to the detriment of highway safety and would conflict with Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan, Proposed Modifications January 2003 together with Policy BE1 of the Approved Rhymney Valley District Local Plan. (2) The proposed access arrangements will create hazards to the detriment of highway safety and the free flow of traffic along the A469 and would set a precedent for the creation of obstructions on the highway to cater for minor development where adequate visibility cannot be otherwise provided, and would conflict with Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan, (Proposed Modifications) January 2003, together with policy BE1 of the Approved Rhymney Valley District Local Plan.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/0950 George Wimpey South West, Erect 50 two storey residential 09/07/03 Copse Walk, dwellings on Land west of Bryn Cardiff Gate Business Park, Road, Blackwood. Pontprennau, Cardiff.

APPLICATION TYPE: RESERVED MATTERS

SITE AND DEVELOPMENT

This is a Reserved Matters application seeking permission for the detailed housing scheme for this 1.7 hectare site following the grant of outline planning permission in January 2001. The site is bounded to the north by the gardens of Rhys Road, to the west by the rear gardens of Clos Ceirw and to the east and south by public highways. The roundabout at the top end of Highfields Way, lies approximately half way along the eastern boundary. The site consists of grassland and slopes gently down from east to west. Two public footpaths (Nos. 72 and 73) cross the site.

The scheme proposes the construction of 50 houses, comprising 2 and 4 bedrooms, in a mix of 5 house types. The proposed layout has houses fronting onto Bryn Road and Heol Dderwen and also onto the main internal site road from Heol Dderwen. Houses also front onto an area of public open space, 0.1 hectares in size, equating to approximately 11% of the total site area, located in the centre of the site intended as a focus for the development. The open space is bisected by a footpath that connects with a footpath running from Clos Ceirw to Bryn Road along the northern edge of the site. The footpath through the open space also connects into the one vehicular access into the site from Dderwen Road, thus recreating a diagonal route across the site.

The layout of the site has been designed having regard to the principle of ‘home zones’ in terms of traffic calming measures and discreet parking area, thus encouraging community safety. The majority of the car parking provision is within the curtilage of the individual properties and where there are exceptions to this principle they are situated in areas that enable casual surveillance by the occupiers.

The application is supported by Design Statement, as encouraged by the guidance in the Welsh Assembly’s Technical Advice Note 12 ‘Design’, that describes the design principles and concept of the scheme.

PLANNING HISTORY

Ref. No. Description Decision Date P/98/0564 Housing Withdrawn 03/11/98 P/00/0540 Housing Approved 12/01/01

Cont………. Application No. P/03/0950 Continued.

POLICY

The site is allocated in the Adopted Islwyn Local Plan for the development of a new school.

As part of the preparation of the Deposit Caerphilly County Borough Unitary Development Plan all land allocations within the Local Plan were re-examined and the Education Department advised that the land was no longer required for an educational use. The site was declared surplus to requirements and allocated for residential development in the Deposit Unitary Development Plan (Policy H1 (10) refers). An outline planning application was subsequently granted planning permission on 12th January 2001. As a result of that decision the housing allocation was removed from Policy H1 of the Deposit Caerphilly County Borough Unitary Development Plan ‘Proposed Modifications’ in January 2003 and the site is now listed in Appendix 2, Section B of that document as a site with planning permission.

One of the guiding principles of the Unitary Development Plan is ‘Good Design’. The principle mechanism for achieving this is Policy DC1 (general development control criteria) supported, by Supplementary Planning Guidance. Site Development Briefs and Site Design Briefs address the design and development of key sites identified in the Plan. A Development Brief has been produced by the Council to guide the development of this particular site. The Brief was adopted as Supplementary Planning Guidance to the Unitary Development Plan on 10th October 2002.

Draft Development Design Guide 1 ‘Building Better Places’ provides a guide to prompt greater attention to the principles of good design. Its focus is the urban design principles and approaches, which underpin successful housing.

The Welsh Assembly Government has also produced guidance on design in Technical Advice Note 12 ‘Design’. This TAN gives detailed advice on how achieving good design can be facilitated within the planning system.

PUBLICITY

The application was publicised by means of press and site notices and the occupiers of properties adjoining the site were individually notified. In response to the publicity seven letters have been received all objecting for the following reasons:-

• The Development Brief recommends no more than 30 – 35 dwellings would be appropriate in order to provide ‘quality and well designed living environments’ providing lower density larger bedroomed homes of which there is a limited choice in the immediate area. The density of houses has increased from 30 –35 units to 50 units. This will markedly increase the impact of the development. The new plan will gain a lot more revenue for Wimpey.

Cont……..

Application No. P/03/0950 Continued.

• In the Development Brief a village green was to be the focal point of the development with homes fronting the green. The size of the proposed green is very small as a focal point and only 10 of the 50 dwellings proposed front the green. The design of a community around a village green has been highly successful from the Middle Ages to the present day and planners have a great responsibility for the conservation of the environment for further generations. It would be nice if good design could take precedence over profit.

• Several of the houses face the rear of houses on Rhys Road, adversely affecting the privacy of those properties. New properties will face directly at homes and gardens taking away total privacy.

• Size, overlooking, orientation and overshadowing from Plot 31 would affect the adjoining property in Rhys Road.

• Local residents have been misled as to the Council’s intentions for the site since the proposals are significantly different from the Unitary Development Plan. The Council gave a firm commitment that no more than 35 dwellings would be erected on the site.

• Existing mature trees that were to be retained are now to be removed as diseased. It is amazing that the condition of the trees has changed so dramatically over a period of less than a year. The small size of the central area and the reduction in the width of the hedge on the northern edge of the site will be damaging to the natural ecosystem that exists at present. The deciduous woodland is marked by a wide variety of flora and fauna, which is typified by its ability to self- generate. The loss of such a natural area runs counter to the Borough’s frequently quoted environmentally sensitive attitude.

• The proposals show the hedgerow along the northern boundary being taken to gain extra land and moving the path right next to the boundary fence. The present hedgerow gives privacy and protection from intruders and is full of wildlife. The desire line of the established footpaths should be retained, in particular the one adjacent to the boundary fence. Developing this site will increase the incidences of vandalism in the area.

• In addition to the above representations, a local councillor has commented that he remains fundamentally opposed to the development of the site for housing and not education. He is also firmly of the opinion that the submitted scheme is wholly inconsistent with the Development Brief, in particular in terms of density, defensible space, and the structured layout of the site.

Cont…….. Application No. P/03/0950 Continued.

CONSULTATION

Chief Engineer (Highways) raises no objection subject to conditions requiring the provision and protection of adequate vision splays at the single means of access into the site, the protection of the car parking areas and garages for parking, and engineering details of the highway layout within the site, he also advises that the public rights of way crossing the site must be dealt with in accordance with statutory requirements.

Chief Engineer (Drainage) requires a comprehensive scheme showing how surface water, foul and land drainage flows from the completed site will be dealt with and these must be agreed by the authority in liaison with Welsh Water prior to the commencement of the development.

Chief Environmental Health Officer raises no objection.

Welsh Water recommends that a condition be attached to any permission requiring the submission of a comprehensive and integrated drainage scheme for the site.

ANALYSIS

The principle of residential development on this site has been established by virtue of the outline planning permission. The main issues to consider are the design and layout of the site, and how they comply with the guidance referred to above, in particular the Site Development Brief.

The following sets out an assessment of the scheme using the main guidance in the Development Brief as a checklist. Such an assessment will deal with all the issues of good design and the objections raised by local residents.

The development should be served by a single means of access to Heol Dderwen on the south western side of the site and there shall be no individual vehicular accesses to Heol Dderwen or Bryn Road. This has been achieved in the submission.

Vehicular access and traffic movement within the areas identified for residential development will be designed on ‘home zone’ principles. This has been achieved through an emphasis on physical traffic calming measures and the narrowing of the carriageway. The highway infrastructure proposed promotes a layout that will result in speed reduction and encourages community safety.

Private car parking should be incorporated within the curtilage of each dwelling and situated to enable casual surveillance by the occupier. Garages should be located towards the front of the property but should avoid obscuring the natural surveillance. The car parking details of the scheme do not wholly adhere to the brief in this respect. Some parking areas are not within curtilages, but they are in locations subject to surveillance.

Cont……… Application No. P/03/0950 Continued.

The brief indicates that the site is capable of accommodating approximately 42 units, based on a density figure of 25 units per hectare (as outlined in the deposit UDP). However, the brief also indicates that the inclusion of a communal area is likely to reduce the dwelling capacity of the site and therefore indicates that the site is likely to accommodate fewer units as a result (approximately 30 to 35 units). The brief also indicates that the site is capable of sustaining a development of prestige housing (large footprint, 4+ bed houses) of which there is limited choice in the immediate area. The proposal as submitted seeks permission for 46 4-bedroomed dwellings and 4 2-bedroom dwellings on slightly smaller footprints than envisaged. This difference in density is one of the major objections from adjoining residents, suggesting that the application should be refused because it does not comply with the Development Brief.

In support of the submitted density, the Applicant has stated that the Council’s aspiration is not based upon any market research, whilst their own research indicates that the current demand in the Blackwood area is for small to medium sized ‘affordable’ 2 and 4-bedroomed properties. In terms of site ‘built’ coverage, the current scheme with 50 small 4-bedroomed properties would be similar to that of 35 large 4+ properties. They consider that the proposal accords with current amenity, privacy, plot size and car parking standards. In addition, the density level of 29 dwellings per hectare is relatively low compared with other housing schemes that are being developed throughout South Wales. Planning Policy Wales advocates higher densities on housing sites as part of the sustainable development strategy that underpins national planning policy.

It is acknowledged that the density aspirations for the site as set out in the Development Brief are not based on any market research, but rather on observations on the types/sizes of properties in the locality and the perceived demand for larger properties. However, it is acknowledged that the plot sizes generally conform to the standards set down in Draft Development Design Guide 1 ‘Building Better Places’ and therefore in general conformity with current planning policy. Indeed, higher density sites are generally regarded as being more sustainable as they make better use of a limited land resource.

An element of communal open space must be included within the site based upon a requirement of 6% of the total site area. The provision must be on site and take up no less than 0.1 hectares. The brief indicates that the open space should be a focal point of the development and that houses should front the space and not back onto it to provide surveillance, discourage vandalism and contribute to the aesthetics of the communal area.

The submission includes the provision of a 0.1 hectare area of open space, linear in shape, within the centre of the site. 10 of the proposed dwellings front onto the open space thus giving the surveillance required. The open space is also bisected by a footpath, which forms part of the pedestrian links across the site.

The dwellings should be mixed throughout the site in terms of both their size and design. This will provide for individual choice and reduce monotony of built form.

Cont…….. Application No. P/03/0950 Continued.

The submitted scheme includes 5 house types providing a range and mix. The size varies from 700 to 1369 sq ft and comprise of 2 and 4 bedroomed properties. They are evenly distributed throughout the site and meet the guidance in terms of choice and built form.

New dwellings should be orientated so that they front Bryn Road. The concept of dwellings facing outwards from the development will also be incorporated on the south-west and south east boundaries of the site. This has been achieved in the submitted scheme.

No hard boundary structures over 1 metre in height will be allowed along Bryn Road and along the south east and south west boundaries of the site. This has been substantially achieved in the scheme.

The hedge along the northern boundary is to be retained as a feature/screen and retained outside individual plot boundaries. The original scheme showed this hedgerow being removed. However, an amended scheme now retains the hedgerow and proposes that it is interplanted. The width of the hedgerow would, however, be reduced to allow for the provision a footpath along this northern edge of the site, the footpath following the line of the registered right of way rather than the route as ‘worn’ on the ground. An objection has been made to the movement of this path closer to the boundary fence with the properties in Rhys Road. However, it is considered that the proposed new line of the footpath is acceptable, particularly with the retention of the hedgerow. The hedgerow would be retained outside individual plot boundaries.

The footpath along the northern edge of the site along the line of the hedge should be upgraded. As indicated above the scheme provides for the provision of a footpath, albeit along a different line from the existing.

The proposals should ensure that the exiting mature Oak and Ash trees on the site are carefully integrated within the development. The Council has established that two of the oak trees are decayed and should be felled. The Applicant has submitted a Tree Survey report, which recommends that 3 of the Oaks and 1 Ash, all located on the western boundary of the site, should be felled. It further recommends that an oak tree in the hedgerow on the northern boundary should have some tree surgery to improve its condition. Notwithstanding the comments in the Development Brief regarding the retention of trees, it is considered that the Survey report is a fair reflection of the current conditions of the trees and the recommendations are accepted.

Care should be taken to ensure that the layout of the site does not alienate the existing residential properties in the area by virtue of overlooking, orientation and overshadowing. Some of the objectors have commented that the houses proposed on the northern edge of the scheme would adversely affect their privacy in that they look directly at homes and gardens. In addition, there is concern that Plot 31 will give rise to an invasion of light and privacy to the adjoining existing property on Rhys Road.

Cont……… Application No. P/03/0950 Continued.

Only 4 of the 6 houses proposed on the northern edge of the scheme face towards the houses in Rhys Road, and the minimum distance between the front elevations of those houses and the rear elevations of the existing houses is approximately 24 metres. In terms of protecting privacy and amenity the standard that is adopted in the Development Design Guide No 1 ‘Building Better Places’ is 21 metres between windows of habitable rooms that face each other. The submitted scheme complies with this standard. The houses overlooking the proposed footpath along the northern edge of the site will also provide natural surveillance of this footpath.

Having examined the siting, design and orientation of Plot 31 it is concluded that it should not affect the amenities of the adjoining house to an unacceptable degree.

The layout design and orientation of the properties should have regard for energy conservation. Separate from the planning process, as part of the sale of the land the Council’s Energy Officer has been in discussion with the Applicant regarding various aspects of the development in order to ensure that the site is energy efficient. It is understood that a solar water heating system with heat recovery system from the ventilation extract system is to be installed at each house in the development. The orientation of the houses on the south western and south eastern edges of the site not only seeks to take advantage of the views (another requirement of the Brief) but also seeks to maximise the amount of natural sunlight into habitable rooms.

A comprehensive landscaping scheme is required. A landscaping scheme has been submitted. The scheme shows the existing hedgerow on the northern edge of the site being retained but reduced in width, and interplanted with additional planting to strengthen its character. The communal open space is to comprise areas of grass, shrub and tree planting. The edges of the housing plots with Bryn Road and Heol Dderwen will be planted with a mix of hedges and planting beds. This is a suggestion contained within the Brief. Similar planting will be provided on the edges of plots within the estate. An avenue of trees is proposed on the opposite side of the road to the housing site in accordance with a suggestion within the Brief. It is considered that the principle of the landscaping scheme is acceptable, but certain details require further consideration. In accordance with the Brief all areas of landscaping and open space within the public realm will be maintained by the Local Authority with the benefit of an appropriate commuted sum provided by the Developer.

The objectors consider that the application should be refused because it does not fully comply with the Site Development Brief. However, it is considered that the Brief provides guidance to assist the design and development of the site, and that it is not intended to be a rigid and prescriptive document. Based on the above assessment it is concluded that the scheme generally conforms to the Brief and that with the benefit of the Brief, a good quality scheme has been produced.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

Cont……… Application No. P/03/0950 Continued.

(1) This permission shall relate to the amended Site Layout Drawing Number 3833/02-01.Rev.G and the House Type and Garage Details received on 13th November 2003. (2) No dwellings shall be occupied until the areas indicated for the parking of vehicles has been laid out in accordance with the submitted plans and those areas shall not thereafter be used for any purpose other than the parking of vehicles. (3) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that order) the garages approved as part of this development shall not be physically altered or converted to any other domestic purpose without the prior approval of the Local Planning Authority. The garages shall be made available at all times for the parking of motor vehicles associated with the residential use of the dwellings hereby approved. (4) No obstruction or planting exceeding ground level shall be placed within the required vision splay areas at the junction of the access with Heol Dderwen indicated on submitted Drawing No. 3833/02- 1.Rev G. (5) No obstruction or planting when mature, exceeding 600mm in height shall be placed within the required vision splay areas of 2.4 x 2.4 m when measured at the centre of individual accesses along the back edge of footways. (6) Notwithstanding the submitted plans, no works whatsoever shall commence on site until full engineering details of the road, footway and footpath layout with sections, street-lighting and surface water drainage, fencing, barriers have been submitted to and approved by the Local Planning Authority. (7) Details of the pedestrian access to plots 33-38 including means of enclosure to prevent direct pedestrian access to the highway shall be agreed with the Local Planning Authority and implemented in accordance with such details prior to the occupation of any plot. The access shall thereafter be maintained in accordance with such details and no individual accesses shall subsequently be created. (8) No dwelling shall be occupied until the means of vehicular and pedestrian access to that dwelling have been completed in accordance with details to be agreed with the Local Planning Authority. (9) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no fences, gates or walls shall be erected within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a road. (10) Prior to the commencement of any development a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water and land drainage will be dealt with shall be submitted to and approved by the Local Planning Authority. (11) No works whatsoever shall take place on the site until measures for the protection of the hedgerow along the northern edge of the site have been submitted to and approved by the Local Planning Authority. The approved measures shall be fully complied with at all times. (12) The site shall be landscaped in accordance with the principles of the Landscaping Scheme shown on Drawing Number 410/01 Rev. A except that all details of the plant species, density and planting matrix shall be further agreed in writing with the Local Planning Authority.

Cont……… Application No. P/03/0950 Continued.

(13) All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

The reasons for the Council’s decision are:-

(1) In order to retain effective control over the development. (2-8) In the interests of highway safety. (9 & 13) In the interests of visual amenity. (10) To ensure the satisfactory drainage of the site. (11) To ensure the satisfactory protection of the hedgerow. (12) To ensure the satisfactory landscaping of the site.

Advisory Note

The developer be advised of the comments of the Chief Engineer (Highways and Drainage) and Welsh Water.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1370 Mrs. J. Knight, Provide second hand car sales at 08/10/03 Route 66 Autos, Old Gas Works Site, Blackwood. Old Tram Road, Pontllanfraith, Blackwood.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application relates to a former gas works depot that has some time in the past housed a gasometer structure. The site has subsequently been occupied by Blackwood Rugby Football Club and the former office building on site is used as a Club House. The land is level and down to tarmac. It is bounded by Bridge Street on the south, the River Ebbw on the east, Hall Street on the west and the Rugby Football ground on the north. The application site comprises of the south western section of the former depot. It is proposed that this be divided from the remainder of the land and used as a second hand car sales premises. There is a derelict office building within the application site that will be renovated and used as an office. The applicant indicates that 10 staff will be transferred from other premises and that 35 vehicles during the normal working day will visit the site. Supporting information submitted by the applicant includes a letter from Blackwood Rugby Football Club indicating that the majority of fans attend home games on foot and estimating that approximately 46 cars and two coaches would attend an average home game. A further supporting letter from the supplier of the company indicates that it has agreed to supply vehicles to the site by means of a single car trailer or trade plates. Any other vehicles will be stored in its compound in Aberdare before delivery.

PLANNING HISTORY

Ref. No. Description Decision Date P/96/0027 Outline erect residential development Withdrawn 28/10/96 P/98/0052 Change of use to club house and associated car park Approved 18/03/98 P/02/0548 Extend changing room Approved 16/08/02 P/03/0142 Erect entrance foyer and cloakroom Approved 13/03/03

POLICY

Account has been taken of the development plans retail policy since the proposed use involves the retail of cars. It must however be recognised that the land use characteristics of such a use are not typical of the majority of other general retail uses. Policy SH5 of the Adopted Gwent Structure Plan 1991-2006 relates to out of centre retail developments specifically large food and supermarkets, superstores and retail warehousing, the basis for consideration such policies that whether or not the development will have an adverse impact upon the viability and vitality of the nearby town centre, has a satisfactory access to the main highway network, environmental implications are acceptable, has access to public transport and provides adequate off-street parking and servicing.

Cont……… Application No. P/03/1370 Continued.

Policy S5 of the Adopted Islwyn Plan 1991-2001 gives the local expression to the Gwent Policy above and adds consideration of the scale of the development being appropriate to the town and surrounding catchment area, and where practicable it seeks to locate such facilities on small purpose built retail warehousing estates or adjacent to existing town centres providing the development does not conflict with other policies and proposals in the local plan.

The Deposit Caerphilly County Borough Unitary Development Plan (Proposed Modifications) is at an advanced stage of preparation and represents the most recent analysis of the retailing situation within the Borough. It is a strong material consideration and considerable weight has been placed on its policies. R6 relates to large retail proposals outside defined centres. The policy indicates that such development will be considered sequentially and will not be permitted where the vitality and viability of the nearby town centre is undermined or that all the Council’s retail strategy would likewise be undermined. Its Policy R7 relates to small retail proposals outside town centres, it indicates that such proposals will not be permitted if either cumulatively or individually the development would undermine the vitality and viability of a town centre unless a proposal is necessary to serve the neighbourhood need or it is ancillary and appropriate to another commercial use.

Whilst the gross floor area of the proposal exceeds 1,000 square metres it might be considered to be a large retail proposal, such an interpretation does not accurately reflect the nature of vehicle retail sales that, by its nature, requires larger floor area. Account has therefore been taken of Policy R7 above. The standard development control criteria policy DC1 of the plan is applicable and specifically criterion G which requires new development to have regard to the safe, effective and efficient use of the transport network. Finally the site lies within the settlement of Blackwood as defined by the plan.

Policy DC1 (standard development control criteria) of the Deposit Caerphilly County Borough Unitary Development Plan should also be taken into account.

CONSULTATION

Environment Agency (Wales) has been consulted, no comment has been received.

Chief Environmental Health Officer notes that there will be no excavation below ground or construction. He does not, therefore, require a risk assessment/ground investigation to be carried out. If such works were to be necessary such assessment would be required.

Chief Engineer (Highways) raises objection to the proposal because the additional vehicular movements along the narrow local roads will be detrimental to highway safety, as will the loss of on- site parking, which will generate more on-street parking.

The application has been advertised by neighbour notification letter and site notice. One representation has been received from the Rugby Club. This indicates that the proposal will help the Club pay for the costs of planning gain derived from their original application i.e. to provide a 1.8m wide frontage footway with Bridge Street. The Club Chairman wishes members to consider the following points:- Cont………. Application No. P/03/1370 Continued.

The Rugby Club will be giving the ground for highway improvements and providing half the costs. Whilst it accepts that the scheme will make the road much safer for residents of Woodfieldside and members of the Club, it will add another financial burden to the Club. If successful the applicant will assist in payment of the footpath.

The provision of such a facility is normally the responsibility of the Local Authority and a precedent has been set by Bedwellty Urban District Council for the existing footpath in Hall Street; that Council built the fence and laid the footpath in lieu of the purchase of the land necessary, which was given by the Club.

The Chairman wishes Members to consider that there has always been commercial activity associated with the site and that the Club has willingly co-operated with improvements sought in the planning gain, but there are financial implications for the future of the Club as a consequence.

ANALYSIS

In terms of retail policy it is clear that the proposal is a relatively small activity that will have no significant impact upon the vitality and viability of Blackwood town centre either individually or cumulatively since there are no significant competitors in the town centre. Furthermore, there are no obvious sites within the town centre for this form of retail activity. Whilst the site is not “edge of centre” it is reasonably well related to the town centre and considered to be the next available opportunity. In terms of general retail location it is considered to satisfy the sequential test and to be generally acceptable in terms of the policy cited above.

Considering Policy DC1; it is recognised that Bridge Street is substandard in highway safety terms and the introduction of a retail use in this location will not only add to traffic flows, given the nature of the development, it may cause distraction to passing drivers at a point where concentration is necessary to negotiate the highway. It also removes the parking capacity of Blackwood Rugby Football Club that is estimated at approximately 120 places, and as required by the lower limit of the South Wales Parking Guidelines for this form of development. It should be noted that the development approved by P/98/0052 to change the use of land to a Club House and associated car parking for the Club has commenced. Conditions 5 and 8 of that consent require the submission and agreement of turning and parking facilities. These conditions are yet to be discharged. Part of the rationale for that approval was to remove a planning unit in an area where parking is known to be a problem during match days. The loss of part of the site to retail use will inevitably reduce the parking capacity for the Rugby Club use to the detriment of general highway safety. Despite the undertaking to receive deliveries singley it is not considered to be practical to enforce such a restriction. Facilities for the turning and parking of a transporter are not included in the proposal. The proposal is therefore considered to be unacceptable in highway safety terms.

Account has been taken of the representation received. It is quite normal for planning gain to be derived from proposals where proposals will lead to further demand upon the urban infrastructure. The footpath was considered to be necessary in connection with the previous application, gain has properly been sought. Matters of finance and precedence in this regard are not for the planning system to consider. Cont…….. Application No. P/03/1370 Continued.

RECOMMENDATION that Permission be REFUSED.

The reasons for the Council’s decision are:-

(1) The proposal will result in the loss of off-street parking which will generate on-street parking to the detriment of highway safety and the free flow of traffic, contrary to Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan. (2) The development will generate additional vehicular movements including commercial vehicles delivering cars, along the sub standard and narrow access roads serving the site to the detriment of the highway safety of all classes of highway user and the free flow of traffic, and contrary to Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1448 General Practice Investments, Erect primary care centre 24/10/03 32 Grosvenor Gardens, comprising of three G.P. surgery on London. Site of former surgery and printing works, Crown Street, Crumlin.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Full planning permission is sought for a new Primary Care centre at Crown Street Crumlin, on land currently occupied by the print works which adjoins the current doctor’s practice. A short line of trees, separates the two sites. This application seeks a different proposal to that previously approved, and the applicant was advised that the proposal cannot be considered as a minor amendment to the previous consent.

The building would be smaller than that previously approved by application ref P/02/1119, which included both the present surgery and the printing works. The total floor area of the building is 1180 sq m. It consists of three consulting rooms, two-treatment rooms, records room, and a large waiting room and toilets on the ground floor. The first floor consists of a nurse consulting room, records rooms, common kitchen, and other incidental rooms associated with the medical practice, and its staff facilities.

The new scheme proposes a building centrally located with parking on either side. The row of trees, separates the application site from that of the building which is the current doctor’s practice. Part of the previous surgery has been excluded from the application site. The external finishes are white finish smooth render, with vertical cedar board cladding and translucent cast glass plank panelling to the stairwell which is at the front elevation. Three windows are sited adjoining the glazed stairwell. Set back from this is the entrance porch with a sloping roof. The remainder of the building with the elevation to the street has windows in the roof space.

PLANNING HISTORY

Reference No. Description Decision Date P/02/1119 Primary Care centre/surgery Approved 15/11/02 P/00/0048 Integrated care centre Approved 03/03/00 2/10399 Factory to replace existing Approved 24/12/91 2/8974 Extension Approved 18/09/89 2/6419 Sign Approved 23/08/85 2/4642 Change of use to light industry Approved 14/05/82

Cont………. Application No. P/03/1448 Continued.

POLICY

Policies H3 and DC1-9 of the Adopted Islwyn Local Plan contains standard development control criteria. Policy CF1 of that plan supports the provision for health and community needs.

The site is within the settlement limits defined by the Deposit Caerphilly County Borough Unitary Development Plan, and Policy DC1 of that plan contains standard development control criteria. Policy CF1 of that plan states:-

“The development or improvement of community facilities will be permitted within settlements if:-

a) they are appropriately located in relation to the residential area they serve; b) adequate vehicular and pedestrian access is provided including access for disabled persons; c) they are appropriately located where there is good access to public transport.”

CONSULTATION

Chief Engineer has no objection subject to conditions concerning visibility splays and the provision of parking.

Chief Engineer (Drainage) confirms that consent of Hyder will be required for connections to the public sewer. Any alternative forms of drainage must be agreed with this authority.

Chief Environmental Health Officer has no adverse comments.

The Coal Authority has no adverse comments.

Western Power Distribution draws attention to its apparatus in the area.

The adjoining properties were notified of the application, which was also advertised on site. A letter has been received from the occupier of a public house nearby, who raises the following concerns:-

1) Difficult to gain access to the top end of Crown Street for patrons to the public house, and access for the deliveries, which occur on a daily basis by large articulated lorries. 2) The level of noise and disturbance. 3) The unsound state of the side and back wall behind the public house and the surgery, 4) Concern of both the owner of the public house and patrons as access is very limited in Crown Street.

Cont………. Application No. P/03/1448 Continued.

ANALYSIS

The application site is within the settlement of Crumlin and there are no objections in principle to the development. Policies in both the Adopted Islwyn Local Plan and the Deposit Caerphilly County Borough Unitary Development Plan support the provision of such facilities, and it is considered that the criteria in Policy CF1 of the latter are fulfilled.

The building would be well related to the area it serves. Adequate vehicular and pedestrian access is proposed, including that required for the disabled; and is close to public transport route.

Crown Street is primarily residential in character, but the application site has been occupied by a print works (previously a nursery school) and a doctor’s surgery for a number of years. Permission was granted in 2000 for a two storey integrated care building. The last application (P/02/1119) was for a larger development. The concerns expressed by the objector are noted but would not amount to reason to refuse permission.

Chief Engineer is satisfied that the parking provision provided on the site can serve the development it proposes, and no objection has been made. Since the principle for a larger development has previously been approved, there is no material planning reason why permission should not be granted for the current proposal, which conforms to Local Plan policy and other material planning consideration.

RECOMMENDATION that Permission be GRANTED.

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) The building shall not be occupied until the areas indicated on the approved plans for the parking of vehicles have been laid out in accordance with a scheme to be submitted to and agreed in writing with the Local Planning Authority. Those areas shall not there after be used for any purpose other than the parking of vehicles. (3) Prior to the commencement of work on site, details of visibility splays at the vehicular accesses to the development shall be submitted to and agreed in writing with the Local Planning Authority. No obstruction or planting when mature exceeding 0.6 metres in height shall be placed within the require vision splays when measured from the centre of each access at the back edge of the footway; and no obstruction when mature exceeding 0.9m in height shall be placed within the required splays of 2.4m x site frontage when measured at each access from the edge of the carriageway. (4) No development shall take place until there has been submitted to, and approved by, the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of development.

Cont……….

Application No. P/03/1448 Continued.

Thereafter the scheme shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. (5) No development shall take place until samples of the materials to be used in the construction of the external surfaces of the building hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2 & 3) In the interests of highway safety. (4 & 5) In the interests of visual amenity.

Advisory Note

The applicant be advised of the comments of Welsh Water.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1353 Tesco Stores Limited, Erect shop signs and various other 02/10/03 c/o Dev. Planning Partnership, free standing signs at Tesco Store, Haywood House North, Pengam Road, Ystrad Mynach. Dumfries Place, Cardiff.

APPLICATION TYPE: ADVERTISEMENT

SITE AND DEVELOPMENT

Advertisement consent is sought to install new signs within the Tesco Store at Ystrad Mynach. The proposed signs are as follows:-

• two illuminated and double-sided store gantry signs measuring 1.9m x 7.0m, one located at the main entrance to the store off the roundabout on the A469 and the other on Pengam Road, both being in the same position as existing signs. • two ‘welcome and goodbye’ double sided signs, 1.25 metres by 0.86 metres mounted on 1.3 metre high posts, again both being in the same position as existing signs. • one 24 Hour wall mounted circular sign 1.5 metres diameter with illuminated text on the western elevation; • a Vinyl Decal Red Lettering applied to the face of the store on the southern elevation illuminated with external down lighting.

PLANNING HISTORY

Ref. No. Description Decision Date 5/5/95/0375 Erect foodstore Approved 12.08.96 P/97/0720 Erect Signs Approved 06.11.97 P/02/0640 Erect new signage Approved 25.07.02

POLICY

The application should be assessed against the standard development control criteria contained in Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan ‘Proposed Modifications’, together with the supplementary guidance contained in Development design Guide No 8 ‘Advertisements’

Other relevant guidance is contained in Planning Policy Wales (March 2002) which states:-

“The test in considering an advertisement’s impact on amenity is whether it will adversely affect the appearance of the building or of the immediate neighbourhood, where it is displayed. Local Planning Authorities should therefore consider the local characteristics of the neighbourhood, including its scenic, historic, architectural or cultural features.”

Cont……… Application No. P/03/1353 Continued.

Technical Advice Note 7 ‘Outdoor Advertisement Control ‘ also states:-

“It will always be necessary to assess the specific amenity and public safety merits of the proposed advertisement display in relation to a particular site.”

PUBLICITY

The application was publicised by neighbour notification and a site notice. In response two letters have been received from residents of Pengam Road, one objecting on the ground that there are already sufficient signs denoting Tesco Store, and the other raising concern about the lights that have already been put in place on the roof of the store to illuminate the sign on the southern elevation of the store. Another resident of Pengam Road has telephoned to obtain information about the signs expressing concern about the tall gantry proposed on Pengam Road.

CONSULTATION

Chief Engineer (Highways) raises no objection subject to the standard of illumination being such that no undue glare or distraction is occasioned to highway users.

Chief Environmental Health Officer has no adverse comments.

Gelligaer Community Council raises no objection.

ANALYSIS

The display of outdoor advertisements can only be controlled in the interests of public safety and amenity. Public safety includes the safety of any person using any road, whilst amenity includes the effects of the signs on the character of the area.

In terms of public safety the Chief Engineer (Highways) has raised no objection.

In terms of amenity, it is noted that some residents are concerned about the signs, particularly those on Pengam Road. However, it must also be noted that the proposed signs are identical in size to ones already granted consent under application reference P/02/0640. The principle and acceptability of the signs have already therefore been established. That decision took into account that the existing sign is 6 metres in height and 2.2 metres wide, whereas the sign as approved, and now proposed, is 7 metres high and 1.9 metres wide, and concluded that the new sign would not give rise to a significant change in impact.

With regards the large transfer sign on the southern elevation of the building, it is disappointing to note that the sign, together with the associated lighting to illuminate it, have already been put in place in advance of the determination of this application. This has been brought to the attention of the Tesco who have advised that the lighting has been turned off pending determination of the application.

Cont…….. Application No. P/03/1353 Continued.

The lighting has already been a source of complaint from one of the local residents, who has in fact met with representatives of Tesco to discuss those concerns. Tesco has advised that they intend to alter the lights in some way to prevent them being seen from properties in Pengam Road. Despite this, the details of the lights have yet to be submitted. Notwithstanding this, it is considered that the principle of the illuminated transfer sign is acceptable but that the detailed design of the method of illumination can be reserved for subsequent approval.

RECOMMENDATION that Permission be GRANTED.

This permission is subject to the following conditions:-

(1) The Transfer Sign hereby approved shall not be illuminated until details of the method of illumination have been submitted to and approved by the Local Planning Authority. (2) a) Any advertisements displayed, and any site used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority. b) Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition. c) Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority. d) No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant permission. e) No advertisement shall be sited or displayed so as to obscure or hinder the ready interpretation of any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway or aerodrome (civil or military).

The reasons for the Council’s decision are

(1) In the interests of amenity. (2) a) In the interests of visual amenity. b) In the interests of public safety. c) In the interests of highway safety. d) In order to retain effective control over the development. e) In the interests of public safety.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1366 Walters U.K. Ltd., Provide temporary access from 09/10/03 Hirwaun House, B4600 Nantgarw Road to Ffordd Hirwaun Industrial Estate, Penrhos, Castle Gate Development, Hirwaun, at Ffordd Penrhos, Caerphilly. Aberdare.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This proposal is for a temporary road to be constructed to serve traffic going to the Ffordd Penrhos housing site whilst remediation works are undertaken on the surrounding “Castlegate” site.

This application should be considered in association with that for the mixed-use development which is also being considered as part of this agenda (i.e. application Code Ref No. P/03/0926).

The remediation strategy identified in this related proposal requires land through which the current road travels to be sealed off and treated to remove the contaminated drums, which are located under it. This is required to be undertaken as one of the first elements of the strategy.

The applicant therefore proposes to construct a temporary roundabout approximately 45 metres into the Castlegate site from the existing roundabout on the B4600 (i.e. Nantgarw Road) This relatively small roundabout will have only two legs, one will branch to the east and curve in a north-easterly direction for a length of roughly 120 metres where it will link up with the existing road to Ffordd Penrhos. The second leg leads south-west to a gated access located 25 metres from the centre of the new roundabout. This access will be for site remediation traffic only. The applicant has verbally indicated that the road should be required for a maximum of 12 months.

The road, which is required only for the duration of the remediation works, is 7.3 m in width and will run the length of the diversion.

The diversion slopes down from west to east (i.e. from 120 m to 114 m) and will be surfaced in bitumen.

PLANNING HISTORY

The site has a complex and lengthy planning history. However, bearing in mind the nature of this proposal it is not considered relevant other than to note that the diversion will deviate onto land not previously identified by remediation reports as being in a building exclusion zone. The road will none-the-less be routed through land where geotechnically unacceptable materials are present within near-surface made ground.

Cont…….. Application No. P/03/1366 Continued.

It is proposed as part of the remediation strategy of the related application to excavate this area and remove unacceptable materials, crush course materials to an acceptable size, place back the excavated materials and compact in layers.

POLICY

The site is located within the settlement limit of the Adopted Caerphilly Basin Local Plan, the Approved Rhymney Valley District Local Plan and that of the Deposit Caerphilly County Borough Unitary Development Plan.

In these plans policies of relevance are:-

Caerphilly Basin Local Plan EU4. This states:-

“There will be a presumption in favour of Land Reclamation Scheme being carried out on the following sites:

(iv) Penrhos Tip.”

In the Deposit Caerphilly County Borough Unitary Development Plan the policies of relevance are:-

DC1 Development Criteria D7 Contaminated Land.

The first of these policies refer to the need to be compatible with neighbouring land-uses, whilst the second describes circumstances where development will be allowed on contaminated land.

CONSULTATION

The Coal Authority has made no formal comment on the application.

Hyder comments that no surface water will be allowed to enter the public sewerage system, this is required so as to prevent hydraulic overload to the public sewerage system.

Environment Agency has commented that they will respond prior to Committee in order that their comments can be verbally reported at that time.

Chief Environment Health Officer has commented that so long as the works will be of a surface nature and do not penetrate into the on-site cover, he has no objections to this temporary road.

Transco and Western Power Distribution have drawn attention to their plant in the locality.

Cont………. Application No. P/03/1366 Continued.

Chief Engineer (Highways) raises no objection subject to a condition being imposed regarding full engineering details being submitted. He further comments that no works affecting the existing highway shall commence until a highway agreement supported by a bond has been completed.

Chief Engineer (Drainage) comments that as the road is of a temporary nature it should not generate an unacceptable run-off. As a result he raises no objection to its construction.

Penyrheol, Trecenydd and Energlyn Community Council raises no comment on the application.

The application has been advertised by way of press and site notices, and two residents groups have been consulted directly. No responses have been received in respect to this consultation exercise.

ANALYSIS

The proposal is for a limited period of 12 months to allow remediation works to be undertaken on the adjoining site. Should the application for the remediation of the wider “Castlegate” lands be refused then this proposal will not be required. Should however it be approved this diversion will be essential in allowing the access to be retained to Ffordd Penrhos whilst a heavily contaminated area of the site is remediated.

In respect of the history of the site, there is nothing, that precludes approval of this road.

Regarding the policy position the adopted local plan contains a policy for the reclamation of the Penrhos site. Notwithstanding the fact that this road is not part of that reclamation work it does allow an element of that work to proceed whilst ensuring access is maintained. Therefore it broadly accords with Policy EV4.

With regard to Policy D7, of the Deposit Caerphilly County Borough Unitary Development Plan it is considered that the road can be constructed on top of the ground thereby avoiding the need to excavate into the cover material on this part of the site. On this basis the development will accord with this policy. Should consent be granted for application P/03/0926, then this road will itself be dug-up and remediated as part of the Castlegate site strategy.

The consultation responses received on this application did not raise any objections, which could sustain a refusal of permission. It is felt that any issue raised could be addressed by way of a condition attached to a consent.

In the circumstances it is considered that a temporary planning permission for a period of 1 year should be granted in respect to this proposal.

RECOMMENDATION that Permission be GRANTED.

Cont……… Application No. P/03/1366 Continued.

This permission is subject to the following conditions:

(1) This permission shall expire on the 31st December 2004, after which time the roadway shall be removed and the materials arising from the removal works shall be dealt with in a manner to be agreed in writing with the Local Planning Authority within one month of the date of this permission. (2) Notwithstanding the submitted plans, no works whatsoever shall commence on site until full engineering details of the road construction and layout with sections, street lighting and surface water drainage have been submitted to and agreed in writing with the Local Planning Authority. Thereafter the road shall be completed in accordance with the agreed details. (3) The details required in condition (2) shall ensure that the road construction is undertaken on the surface of the land and shall not involve on site excavations in an area of contamination.

The reasons for the Council’s decision are:-

(1) To retain effective control over the site. (2) In the interests of highway safety. (3) To ensure the integrity of the site cover is maintained.

Advisory Note

The applicant be advised of the comments of the Chief Engineer (Highways) and Hyder.