PLANNING AND DEVELOPMENT CONTROL COMMITTEE 13TH MARCH 2012

ENVIRONMENT SERVICES

REPORT OF THE HEAD OF PLANNING – G.WHITE

INDEX OF REPORT ITEMS

PART 1 – Doc.Code: PLANDEV-130312-REP-EN-GW

SECTION A – MATTERS FOR DECISION

1. PLANNING APPLICATIONS RECOMMENDED FOR APPROVAL

1.1 APP NO: TYPE: Page Nos: Wards Affected: P/2011/600 Change of Use 4 - 13 Port Talbot PROPOSAL: CHANGE OF USE OF CHURCH (CLASS D1) TO DWELLINGHOUSE (CLASS C3) AND CHANGE OF USE OF LAND TO RESIDENTIAL CURTILAGE LOCATION: HOLY CROSS CHURCH, TAN Y GROES STREET, PORT TALBOT

1.2 APP NO: TYPE: Page Nos: Wards Affected: P/2011/880 Reserved 14 - 42 Coedffranc West Matters PROPOSAL: 302 RESIDENTIAL DWELLINGS AND ASSOCIATED INFRASTRUCTURE AND LANDSCAPING (RESERVED MATTERS FOLLOWING OUTLINE PLANNING PERMISSION GRANTED ON THE 8/2/08) LOCATION: PHASE 1A AND 1B COED DARCY, FORMER LLANDARCY OIL REFINERY, LLANDARCY, NEATH

1.3 APP NO: TYPE: Page Nos: Wards Affected: P/2011/932 Householder 43 - 47 Taibach PROPOSAL: SINGLE STOREY SIDE EXTENSION. LOCATION: 12 ST ALBANS TERRACE, TAIBACH, PORT TALBOT SA13 1LW

PLANDEV-130312-REP-EN-GW Page 1 of 157 1.4 APP NO: TYPE: Page Nos: Wards Affected: P/2011/1100 Full Plans 48 - 54 Lower Brynamman PROPOSAL: RETENTION OF USE OF FIRST FLOOR AND ATTIC SPACE AS 7 NO GUEST BEDROOMS (CLASS C1) IN ASSOCIATION WITH EXISTING PUBLIC HOUSE AND FIVE VELUX TYPE ROOF LIGHTS LOCATION: CROWN HOTEL, 25-27 PARK STREET, LOWER BRYNAMMAN, AMMANFORD SA18 1TF

1.5 APP NO: TYPE: Page Nos: Wards Affected: P/2012/51 Full Plans 55 - 71 Aberavon PROPOSAL: DEMOLITION OF EXISTING CHURCH HALL AND CONSTRUCTION OF NEW SINGLE-STOREY CHURCH CENTRE (D1 USE) WITH CAR PARKING AND ASSOCIATED WORKS. LOCATION: CHURCH HALL ST PAULS CHURCH, PENDARVIS TERRACE, ABERAVON, PORT TALBOT SA12 6DQ

2. APPLICATIONS DEFERRED TO PLANNING (SITE VISITS) SUB COMMITTEE (nb to be read in conjunction with the minutes of the Sub Committee Meeting).

2.1 APP NO: TYPE: Page Nos: Wards Affected: P/2011/758 Full Plans 72 - 103 Alltwen PROPOSAL: RESIDENTIAL DEVELOPMENT COMPRISING 57 DWELLINGS AND ASSOCIATED WORKS. (RETAINING WALL DETAILS 9/2/12) LOCATION: LAND AT, EDWARD STREET, ALLTWEN PONTARDAWE, SWANSEA SA8 3DD

2.2 APP NO: TYPE: Page Nos: Wards Affected: P/2006/1659 Reserved 104 – 129 Aberdulais Matters PROPOSAL: RESERVED MATTERS FOR 17 DWELLINGS LOCATION: LAND OPPOSITE PISGAH CHAPEL, MAIN ROAD, CILFREW, NEATH SA10 8NE

PLANDEV-130312-REP-EN-GW Page 2 of 157 2.3 APP NO: TYPE: Page Nos: Wards Affected: P/2007/537 Full Plans 130 – 136 Aberdulais PROPOSAL: CREATION OF SURFACE WATER MANHOLES, SEWER AND FOULWATER MANHOLES TO SERVE RESIDENTIAL DEVELOPMENT OF LAND OPPOSITE PISGAH CHAPEL, MAIN ROAD CILFREW AS GRANTED BY PREVIOUS CONSENT P2003/0333 LOCATION: LAND EAST OF CILFREW HOTEL, MAIN ROAD, CILFREW, NEATH

SECTION B – MATTERS FOR INFORMATION

3. APPEALS RECEIVED Page Nos: Wards Affected: 137 Cwmllynfell

4. APPEALS DETERMINED Page Nos: Wards Affected: 138 - 140 Bryn Bryncoch North

5. DELEGATED APPLICATIONS Page Nos: Wards Affected: DETERMINED BETWEEN 14th ALL FEBRUARY AND 5TH MARCH 141 - 157 2012

Human Rights Act The Human Rights Act 1998 came into force on 2nd October 2000. It requires all public authorities to act in a way which is compatible with the European Convention on Human Rights. Reports and recommendations to the Sub-Committee have been prepared in the light of the Council’s obligations under the Act and with regard to the need for decisions to be informed by the principles of fair balance and non-discrimination.

Background Papers The relevant background papers for each of the planning applications listed in sections 1 to 5 above are contained in the specific planning applications files and documents listed in Background Information in each individual report. The contact officer for the above applications is Geoff White.

PLANDEV-130312-REP-EN-GW Page 3 of 157 SECTION A – MATTERS FOR DECISION

1. PLANNING APPLICATIONS RECOMMENDED FOR APPROVAL

ITEM 1. 1

APPLICATION NO: P/2011/600 DATE: 14/07/2011

PROPOSAL: CHANGE OF USE OF CHURCH (CLASS D1) TO DWELLINGHOUSE (CLASS C3) AND CHANGE OF USE OF LAND TO RESIDENTIAL CURTILAGE LOCATION: HOLY CROSS CHURCH, TAN Y GROES STREET, PORT TALBOT NEATH PORT TALBOT APPLICANT: Mr Paul Rees TYPE: Change of Use WARD: Port Talbot

BACKGROUND INFORMATION

Planning History:

Application P2009/0942 – LBC removal of organ – Approved 10/6/2010

Application P2011/601 – Application for listed building consent for conversion of church to residential dwelling – Still under consideration

Publicity and Responses if applicable:

The application was advertised on site and in the press as development which could potentially affect the setting of a Listed building.

17 responses were received which are summarised as follows:

 The Church in Wales should not be allowed to move headstones or use areas where graves are for car parking.

 The desecration of graves should not be allowed.

 How will public access be maintained to the graves when a private garden is proposed. How will the conversion affect my rights to

PLANDEV-130312-REP-EN-GW Page 4 of 157 visit family graves.

 What will happen to the twenty or so graves which will be affected, how will relatives be informed.

 More public consultation required and public meeting.

 Building unsuitable for conversion to a private dwelling.

 No plans showing how the drainage for the conversion will affect the graveyard.

 Gravestones will be damaged where will they be placed.

 The character of the church will be ruined forever.

 What will happen to the plaques within the building.

Statutory Consultees:

Glamorgan Gwent Archaeological Trust: Request for full photographic record.

Biodiversity: No objection subject to condition.

Countryside Council for Wales: No objection subject to conditions

Georgian Group: No objections.

The Victorian Society: No objections.

Society for the protection of Ancient Buildings: No objections.

Royal Commission on the Ancient and Historical Monuments of Wales: A full photographic record requested.

Dwr Cymru Welsh Water: No objections subject to conditions.

Welsh Assembly Government Route Engineer. No objections.

Head of Engineering and Transport: No objections subject to conditions.

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Description of Site and its Surroundings;

Holy Cross church is located to the northern boundary of a large, sloping triangular plot of land with access off Tan Y Groes, Street Port Talbot. It is a grade II listed building designed by Edward Haycock in a pre-Revival Gothic style. It was consecrated on 15th September 1827 having been built on land given by Christopher Rice Mansel Talbot of Margam Park. The whole of the land comprising the graveyard was given at different periods by the Talbot family. The grave yard which is bounded by Tan y Groes Street to the north the Ffrwd Wyllt river to the east and to the south and west by the M4 motorway. A number of graves are located within close proximity of the church.

The church has a cruciform footprint and is constructed of rubble stone and dressed sandstone with a slate roof, there are windows located to all four elevations.

Brief description of proposal:

The application seeks full planning permission for the conversion of Holy Cross Church a Grade II listed building into a residential dwelling.

The conversion will involve the construction of an internal mezzanine floor and partition walls located above the nave and the transepts in order to provide additional living areas. There are no external alterations proposed to the building.

Externally, it is proposed to create a curtilage for the residential unit by utilising an area of the churchyard immediately adjoining the church to the north and west to form a garden and paved parking area for up to three cars. In addition it is proposed to create an opening within the boundary wall of the churchyard fronting Tan y Groes Street in order to create a separate pedestrian access.

Material Considerations:

The main issues involved in the determination of the application relate to the principle of the conversion of the building to a residential dwelling, the impact upon the residential amenity of neighbouring residents, the impact upon visual amenity and character of the area, pedestrian and highway safety, preservation and conservation and the impact upon the fabric of this Grade II listed building.

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Policy Context:

Neath Port Talbot Unitary Development Plan:

Policy GC 1 – New structures and buildings and change of use.

Policy ENV18 - Listed Buildings.

Policy ENV 17 – Design Policy T1 – Location and layout of new proposals

Visual Amenity:

With regard to visual amenity of the building, the proposal does not involve any external alterations however the proposed mezzanine floor will be visible externally through the windows located on the north and south elevation of the church. In order to minimise this impact where new floors cross existing window apertures the internal horizontal surface treatment of the floor will be mirrored. As such it is considered that the conversion of the building to residential would have a minimal visual impact upon both the listed building and the character of the surrounding area.

With regard to alterations outside the building, the submitted plans show an amenity area and parking area located immediately to the north and west of the church. It is proposed to use this area as the curtilage of the proposed dwelling and delineate it with use of a low fence or hedge although no details have been submitted with the application. Grave numbers 1,8,9,16,17,18,19,20,21,22,26,27,33,34,37,39,42, and 61 fall within this area and it is believed that there may be graves in two further locations shown as 14 and 15 on the submitted plans although these are not marked by gravestones. In order to utilise this part of the graveyard it is possible that up to 15 gravestones will need to be relocated.

Further proposals include the formation of a pedestrian access in the existing boundary wall and a footpath linking the pedestrian access and the graveyard.

It is considered that the proposed change of use of the small area of land adjoining the building from graveyard to residential curtilage would be acceptable providing access to the graves is maintained and an appropriate scheme is submitted for the boundary and surface treatment.

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It is considered that the proposed works including the creation of a residential curtilage would give the building a new sympathetic and appropriate use without impacting detrimentally upon the overall character or setting of the building or the character or appearance of the surrounding area.

Residential Amenity:

In terms of residential amenity it is considered that as the nearest residential properties are located on the opposite side of Tan y groes Street with a separation distance of 35 metres from the church, the conversion to residential use would not result in any unacceptable adverse affects on the residential amenity in terms of distances between habitable room windows or overlooking of private space. The amenities of neighbouring residents will therefore be safeguarded.

Highway and pedestrian safety:

It is proposed to utilise the existing vehicular access to serve the dwelling, while a new pedestrian access will be created to gain access to the graveyard. An area within the curtilage of the proposed residential unit will provide parking for three cars and sufficient space to allow vehicles to manoeuvre in order to enter and leave in a forward gear. The Head of Engineering and Transport (Highways) raises no objections subject to conditions.

Biodiversity:

The applicant has submitted a bat survey and bat mitigation method statement. The Biodiversity section has recommended that bat roost mitigation measures be implemented as proposed in addition to the monitoring during works being carried out on the roof. In addition the Countryside Council for Wales has responded with no objections subject to the implementation of the proposed mitigation measures.

With regard to drainage, Welsh Water Dwr Cymru have responded with no objections however, no drainage scheme has been submitted for the drainage connections. A condition will therefore be imposed requiring a scheme to be submitted prior to commencement of work on site.

PLANDEV-130312-REP-EN-GW Page 8 of 157 Objections:

With regard to objections concerning the principle of conversion of the church to residential use, it is accepted that both the church and the graveyard are suffering from decay and neglect, two correspondents accept that another use is needed in order to save the church from further decay however the majority of objections are specifically linked to the use of a part of the graveyard for domestic curtilage and car parking. A large number of these objections are specifically related to the removal of headstones and disturbance of graves.

With regard to the principle of conversion, the building is presently in a relatively poor condition with a likelihood that if work is not carried out in the near future the fabric of the building will deteriorate and eventually be lost. Alternative uses have been considered including commercial or community uses however, it is recognised that the location, access arrangements and site restrictions would be a substantial barrier to development other than residential use. The conversion of the building to residential use would therefore ensure the continued use of the building and preservation of the fabric.

With respect to the affect upon graves and gravestones. As a result of the proposal it is possible that up to 15 gravestones will need to be relocated in order to achieve the required parking and amenity space. In planning terms the proposed amenity and car parking spaces are considered acceptable, however, it is recognised that the necessary removal of headstones and use of areas where graves are present is a cause for concern.

All the correspondence received contains objections to the removal of headstones and possible disturbance of graves together with the lack of consultation with regard to their possible removal/disturbance. However, these issues are not material planning considerations and will be dealt with under separate legislation and processes. The applicant has made it clear that further consultation in relation to the above will be carried out. The process involves, “notices being placed in the press, at the site and in the parish church inviting anyone connected with gravestones that may be affected to contact the Representative Body of the Church in Wales. It is emphasised that none of the gravestones will be moved against the wishes of family members. Gravestones that are moved will be relocated within the churchyard and a photographic record made of the original location”. There will be no disturbance of actual graves unless specifically requested by family and a licence from the Ministry of Justice obtained.

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Further objections include the restriction of access to graves as a result of the proposal. In the case of the sale or lease of the church, the applicant has confirmed that visitors may continue to attend graves without obstruction during daylight hours. There will be no interference with gravestones without securing permission of the Representative Body and any family will be able to visit any graves within any area included within the sale of the former church.

The applicant has not supplied any details with regard to boundary treatment for the proposed curtilage. It is intended to impose a suitable condition requiring a scheme to be submitted and approved prior to any work commencing on site.

With regard to the consultation process, Statutory consultation was carried out this included site notices displayed on site and a notice published in the local press.

With regard to the remaining issues, the suitability of the building for conversion to residential use has been shown to be feasible and practical. The submitted plans are considered to be acceptable in terms of visual and residential amenity, highway safety and to ensure the preservation of the fabric and character of the listed building both internally and externally. With regard to drainage issues this has been dealt with in the above report.

Conclusion:

It is considered that the proposed development would not have a detrimental impact upon residential amenity or the character and appearance of the surrounding area, the listed building or highway and pedestrian safety and would therefore be in accordance with Policies GC 1, ENV 17 and ENV18 of the Neath Port Talbot Unitary Development Plan.

Recommendation: Approval with conditions.

CONDITIONS;

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

PLANDEV-130312-REP-EN-GW Page 10 of 157 Reason

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

(2) Prior to first occupation the parking scheme and new pedestrian access detailed on Dwg 013/10/016A shall be implemented and retained as such thereafter.

Reason

In the interests of highway safety.

(3) Prior to first beneficial use of the residential property hereby approved a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing the boundary treatment of the garden area and surface treatment of the parking area as shown on submitted drawing number 013/10/016A. The means of enclosure shall be erected in accordance with the approved plans prior to occupation of the proposed dwelling.

Resaon

In the interests of visual amenity

(4) Foul water and surface water discharges must be drained separately from the site.

Reason

To protect the integrity of the public sewerage system

(5)No surface water and land drainage run-off shall be allowed to connect/discharge (either directly or indirectly) to the public sewerage system.

Reason

To prevent hydraulic overload of the public sewerage system and pollution of the environment.

(6) Prior to first beneficial use a scheme shall be submitted to and approved in writing by the Local Planning Authority showing the routes of foul and surface water drainage. The scheme shall be implemented as approved prior to the occupation of any dwelling.

PLANDEV-130312-REP-EN-GW Page 11 of 157 Reason

To ensure satisfactory drainage in accordance with TAN 15 and ensure minimal disturbance of the surrounding graveyard area.

(7) Prior to work comencing on site the applicant shall carry out a detailed photographic record of the church. The record shall be submitted to and approved in writing by the Local Planning Authority.

Reason

In order to provide a record of the listed building for submission to the Royal Commission on Ancient and historical Monuments of Wales.

(8) Unless otherwise agreed in writing, prior to any works commencing on the conversion of the church, a scheduled programme of works detailing the implementation of the approved mitigation scheme and post roofing works monitoring for a minimum period of two years shall be submitted to and approved in writing by the Local Planning Authority. The mitigation shall be implemented on site as may be approved by this condition.

Reason

In the interest of biodiversity and protected species.

(9) Unless otherwise agreed in writing, the mitigation scheme shall be constructed in accordance with the details as submitted in the bat roost and mitigation method statement submitted 31/1/2012.

Reason

In the interest of biodiversity and protected species.

(10) Where any species listed under Schedules 2 or 5 of the Conservation of Habitats and Species Regulations 2010 is present on the site, or other identified part in respect of which this permission is hereby granted, no works of site clearance, demolition or construction shall take place in pursuance of this permission unless a licence to disturb any such species has been granted in accordance with the aforementioned regulations and a copy thereof has been submitted to the Local Planning Authority.

Reason

To ensure conservation of protected species and their habitats.

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REASON FOR GRANTING PLANNING PERMISSION

The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise.

It is considered that the proposed development would not have a detrimental impact upon residential amenity or the character and appearance of the surrounding area, the listed building or highway and pedestrian safety and would therefore be in accordance with Policies GC 1, ENV 17 and ENV18 of the Neath Port Talbot Unitary Development Plan.

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ITEM 1. 2

APPLICATION NO: P/2011/880 DATE: 21/10/2011

PROPOSAL: 302 Residential dwellings and associated infrastructure and landscaping (Reserved Matters following outline planning permission granted on the 8/2/08)

LOCATION: Phase 1A and 1B Coed Darcy, Former Llandarcy Oil Refinery, Llandarcy, Neath APPLICANT: St Modwen & Persimmon Homes TYPE: Reserved Matters WARD: Coedffranc West

BACKGROUND INFORMATION

Planning History

P2005/0393 Outline application for an urban village comprising approx. 4,000 dwellings; 41,200sq.m of business use; up to 3,000sq.m of retail (gross) and 8,000sq.m of other commercial, education, community facilities, highways, drainage, services, infrastructure, car parking and landscaping. Planning permission granted 8th February 2008.

P2010/0282- Junction and highway works- Approved- 3/11/10

Publicity and Responses if applicable:

The application was advertised on site and in the press.

Head of Engineering and Transport (Highway Section)- No Objection, Subject to conditions.

Head of Engineering and Transport (Drainage Section)- No Objection, subject to conditions.

Environment Agency- No Objection, subject to conditions in respect of drainage proposals.

CCW- The strategic elements of the development accord with the site

PLANDEV-130312-REP-EN-GW Page 14 of 157 wide requirements, and there are no specific issues in respect of protected species, or impacts upon Crymlyn Bog.

Biodiversity Unit- No Objection, subject to conditions.

Coedffranc Community Council- No Objection.

Structures- No Objection, subject to conditions.

Town Architect- Report on Compliance with Town Code and Masterplan provided.

Architectural Liaison Officer (SW Police)- Offer comment in relation to security, including crime prevention, security and natural surveillance.

Access Group- A request was made for a copy of the Design and Access Statement in a larger font size, and this was provided. Comment was also made in reference to the Equalities Act.

Description of Site and its Surroundings

Outline planning permission was granted under planning application reference P2005/0393 in August 2008, subject to conditions and a S106 agreement, for the development of an Urban Village comprising approx. 4,000 dwellings; 41,200sq.m of business use; up to 3,00sq.m of retail (gross) and 8,000sq.m of other commercial, education, community facilities, highways, drainage, services, infrastructure, car parking and landscaping.

This reserved matters application seeks approval of the details for 302 residential units and associated infrastructure on Phase 1 of the Coed Darcy Urban Village Development, together with the discharge of a number of pre-commencement conditions imposed upon the outline planning permission. The site lies to the west of the existing Environment Agency/Countryside Council for Wales office building, and to the north of the partially developed “Area 1” residential site. It is accessed off the main site access from the B4290 (Alterations to which were approved under Planning Application P2010/0282, Approved on the 3rd November 2010).

The application site is split into two distinct plateau areas, separated by an existing rock faced cliff running east west, which extends into a mounded section of heathland, through which an existing cutting provides

PLANDEV-130312-REP-EN-GW Page 15 of 157 road access between the two sections of the site. These existing features of the site are to be retained and enhanced as part of the proposed development. The sites northern plateau slopes steeply in parts down to the northern boundary, and the existing site road rises steeply from the north eastern corner, where it wraps around the rear car park boundary of the EA/CCW development. The southern plateau rises in level to the west, and slopes down towards Tank Farm Road, which lies beyond the southern boundary of the application site.

The site has undergone significant remediation and clearance as part of the ongoing site wide remediation following the closure of the refinery. Apart from the heathland areas, and the existing rock faced cliff features, there are no existing areas of vegetation or any buildings or structures present.

The outline planning permission for this site has a number of pre- commencement strategic planning conditions, from these phase specific conditions follow, requiring compliance with the overarching strategic level. Where these are relevant, and impact upon this application and development, reference is made within the report.

Brief description of proposal (Eg. size, siting, finishes)

The application seeks reserved matters approval for 302 dwellings and the associated infrastructure. In addition the details submitted address the requirement of conditions imposed on the outline planning permission, including;

Condition 40- Permanent Boundary Details. Condition 42- Cycle and Pedestrian Routes, Condition 48- Existing and Proposed Ground Levels. Condition 49- Existing and Proposed Retaining Structures. Condition 50- Phase Specific Drainage. Condition 54- External Lighting scheme. Condition 72- Pedestrian Crossing Facilities. Condition 75- Highway retaining works. Condition 77 – Noise assessment Condition 87- Phase specific landscaping. Condition 89- Archaeological Investigation. Condition 92- Extended phase 1 habitat survey.

The site as a whole has an approved Masterplan, and a Town Code. The Masterplan defines this area for residential development, and the Town

PLANDEV-130312-REP-EN-GW Page 16 of 157 Code sets out design and layout related issues, together with detailed matters such as external materials, finishes and boundary treatments, sustainability, scale and proportion. As part of the approved Town Code, an addendum, allowing a relaxation in the external material was approved, subject to the applicant undertaking an open book viability assessment. This primarily related to the roofing material, where the use of a specified artificial slate would be allowable.

The development comprises of a number of differing house types. These include two and a half storey (with accommodation in the roof space) detached properties, two storey detached, semi-detached and link properties, together with a small number of flats.

The site is split into two distinct areas, by an existing rock faced cliff running east west and a mounded area of heathland, through which the two halves of the site are linked, through an existing cutting. This provides a lower plateau on the northern section, within which 124 dwellings are to be constructed with the remaining 178 properties located on the southern plateau. Additional linkages are provides by a footpath link along the western edge of the heathland, and a pedestrian link over the cliff between the two plateaus further west. These links, ensure that pedestrian access to the future town square and community facilities, such as schools etc, will be provided and maintained.

There are proposed 3 No. 1 bed apartments and 4 No. 2 bed apartments. 52 No. 2 bed houses, 83 No. 3 bed dwellings, 138 No. 4 bed dwelling and 22 No. 5 bed dwellings.

The majority of the houses are finished in render, with a small proportion provided in facing brick predominantly located within the mews areas. Key buildings are faced in pennant stone, and all properties have artificial slate roofs and wooden windows.

Boundary treatments are a mixture of pennant stone, rendered and brickwork walls to match the associated dwelling. In addition railings and fences, provide means of enclosure to front and rear boundaries as appropriate. These accord broadly with the specifications set out within the approved Town Code.

The development includes the primary and secondary highway network, providing a self regulating 20mph speed limit, feeding into tertiary shared surface ”mews” style layout. Parking is provided within curtilage and within parking courtyards. On street parking is integrated into the overall

PLANDEV-130312-REP-EN-GW Page 17 of 157 design and layout of the site as part of the design of the highway. Parking is provided at an average of 1.7 spaces per unit, which is in excess of the 1.5 spaces per unit set within the outline planning permission for the site as a whole.

The areas of public realm are finished in materials as set out within the Town Code, providing high quality hard surfacing and soft landscaping. Landscaping is a key element of the scheme, and an integrated landscaping scheme includes street trees within the public realm, and trees within plot and private rear gardens, including hedge planting. All landscaping works accord with the required species, as approved under the Strategic Landscaping Scheme for the site as a whole, being native species and/or wildlife friendly.

The development includes an area where a NEAP or Neighbourhood Play Area is to be provided, details of which are provided as part of this application, and include a MUGA (Multi-use games area). These details conform to the S106 requirements placed upon the outline planning permission, which requires this to be in place by occupation of the 150th dwelling. This NEAP facility is provided within the centre of the site, where the cliff face wraps around the heathland. This facility will be maintained and managed by the management company formed to administrate the strategic elements of the site as a whole.

Material Considerations

The material issues in the determine this application are slightly different than those considered on typical residential developments, as there are matters which relate to the compliance of the proposals with the approved Masterplan and Town Code for the Coed Darcy Urban Village. These matters have been considered at both pre-application stage and during the consultation process. Reference to these issues are, where appropriate, set out within the following appraisals. In addition design and visual amenity, highway and pedestrian safety, biodiversity and ecology, sustainability, affordable housing, and viability are all considered.

Policy Context

Neath Port Talbot Unitary Development Plan.

Policy LL1- Llandarcy Urban Village.

The site is allocated under Policy LL1 of the Neath Port Talbot Unitary

PLANDEV-130312-REP-EN-GW Page 18 of 157 Development Plan. The site has the benefit of outline permission, and an approved Masterplan and Town Code.

ENV4- Proposals affecting international and national sites for Nature Conservation and Species protected by European or UK legislation.

ENV5- Nature Conservation.

ENV16- Contaminated Land.

ENV17- Design.

H4- Affordable Housing.

T1- Location, layout and accessibility of new proposals.

RO3- Provision of open space to serve new residential developments.

The site is allocated as part of the larger LL1: Llandarcy Urban village Policy, and accord with the masterplan with regard to land use. As such the proposals accords with the development plan. Specific reference to policy where relevant is made within each section of the following report.

Habitat Regulations, and Environmental Impact Assessment Regulations.

The proposed development is a reserved matters application for a phase of development on a much larger outline permission. That outline planning permission was supported by an Environmental Statement. As required by the EIA Regulations, the reserved matters application has been screened. It has been considered that the proposed development does not require the submission of an Environmental Statement.

The application has also been considered under the Habitat Regulations. A test of likely significance has been undertaken due to the potential impacts of any decision upon Crymlyn Bog. It has been considered that an appropriate assessment is not required.

Masterplan and Town Code Compliance.

Coed Darcy urban village has an approved Masterplan. Within the Masterplan, land uses, strategic infrastructure, densities, and overarching strategic issues are set and defined. The location of community

PLANDEV-130312-REP-EN-GW Page 19 of 157 development such as schools, community buildings and other requirements of the S106 legal agreement are also defined and indicative locations set out.

This application site lies within an area designated for residential use. The site adjoins the entrance to the proposed town square, which will lie to the north and west of the site boundary. To the north east lies a proposed area of commercial/business uses. As such it provides an important gateway into both the residential area and the commercial heart of the proposed village.

The approved Town Code sets out the design principles for the site as a whole, (limited to residential development only at this time), and offers guidelines on the design of development including highway, public realm, scale, character and materials.

The Town Architect has submitted a report on the compliance of this phase of development with the approved Masterplan and Town Code. This report has been considered in full by the Coed Darcy Ltd Board, which has voted to agree for the application, subject to conditions, to be formally determined by the Local Planning Authority. This is a requirement of the S106 legal agreement for the site, and part of the Town Architect’s function and role.

The Report highlights areas where this phase of development would not comply with the Town Code. These include;

Elevation proportions; where many of the windows have less than the required 15% of elevation area, and in some dwellings are down to 10%

Chimneys being non active, and decorative only.

Sustainability; the development would not achieve Code for Sustainable Homes, Level 3+

Urban Points of Innovation and interest; use of rear garden alleyways, the adaptability of buildings for other uses, and other design specific issues.

Many of the matters raised within the report, can be addressed through the imposition of conditions. These conditions have been written in consultation with the Town Architect to address these issues, and are considered to ensure that the development, where possible achieves the standards and requirements of the Town Code, and also ensures good

PLANDEV-130312-REP-EN-GW Page 20 of 157 quality design is intrinsic in any decision made.

With these conditions in place, the Town Architect supports the application in principle, whilst accepting that there are matters that due to both financial viability and site specific constraints cannot be achieved for this specific phase.

Visual Amenity and design.

As clarified previously, the site holds a relatively unique position within the County Borough, having an approved Masterplan and Town Code. These overarching documents form a level of control over important elements of the development proposals, which are subsequently submitted to the Authority for determination. In addition, there is an independent Town Architect overseeing these submissions, who is employed by the Coed Darcy Board to ensure that the Masterplan and Town Code are adhered to. As such, through a number or pre-application workshops, the design and layout of the development has been considered and refined, taking into consideration those comments provided by both the Local Planning Authority, other consultees, and the Town Architect.

As this is the first phase on the development, there are no existing development requiring any consideration in the design of development at this site. As such the proposals reflect the first steps along a process which will result in future iterations of the masterplan and Town Code reflecting this approach, to further refine and influence the design in future phases.

It is considered that through the consultation process, and a number of iterations, the development has reached a point where it substantially complies with the Town Code. As such the overall character, design and external appearance of the site is considered to be acceptable, and certain elements of the scheme provide a unique form of development within the County Borough.

The external materials match those set in the Town Code, and addendum. Artificial slate will be used for all roof finishes, render is the predominant finish for dwellings, with a palette of only three colours; white, oatmeal and cream. Brickwork is used sparsely, and predominantly within the mews areas, and pennant stone for key buildings. Means of enclosure are provided to front elevations, and these generally match the dwelling for which they serve. The use of walls and railings provide a mixture of formal and informal areas, ensuring that a more formal character is

PLANDEV-130312-REP-EN-GW Page 21 of 157 maintained along the primary street frontages, and a more informal character defined within the tertiary streets.

The provision of a bespoke three storey apartment block building to the north eastern corner of the site, fronted by an informal green space, provides both a link to the proposed town square ahead, and physically steps up the slope of the site linking into this residential phase. There is opportunity for commercial development in the future occupying the ground floor of this block, ensuring an active frontage at this important junction.

The use of high quality surfacing materials for the public realm, and control over signage and street lighting ensure that not only the buildings themselves are designed well, but that the public realm is of a distinct quality to ensure that a sense of place and character are achieved over subsequent phases.

Overall the proposals generally conform to the requirements of the Town Code and reference is made within this section of the report dealing with this specifically. Also in general design and visual amenity terms it is considered that the proposals are acceptable. Suitable conditions would be imposed upon any permission issued in respect of these external materials, including the requirement for test panels and details of these materials to be approved for both the dwellings, and the hard surfacing elements of the public realm.

Residential Amenity (Eg. Overlooking, Overbearance, Overshadowing)

This phase of development will be the first within the site, and as such stands relatively isolated from any surrounding properties. Whilst the south eastern corner of the site wraps around to the Area 1 Atlantic Properties development, this area has yet to be fully developed. However, the impacts of this phase are considered to be acceptable, and that the proposals would link together without raising any unacceptable impacts.

The nearest existing development is the Environment Agency/Countryside Council for Wales Office Building. The car park to the rear of this building bounds the roadway serving access to this phase of development, and there are no issues of overbearing, overshadowing or overlooking, due to the separation distances involved.

Within the site itself there are considered to be sufficient distances

PLANDEV-130312-REP-EN-GW Page 22 of 157 between the properties, not to raise any significant overlooking issues, whilst accepting that to ensure an adequate layout and density, there are instances where the usual 21m separation are not achieved.

Highway Safety (Eg. Parking and Access) and public transport.

The highway layout and design are to be assessed against the level of control and design requirements set out within the Masterplan, and the Town Code. These set out specific design principles to ensure a self regulating 20mph zone once you enter the Coed Darcy Development, without the requirement for signage beyond the commencement of this zone, and to negate the requirement for speed bumps and other obvious traffic calming measures. This is achieved through the use of horizontal highway deflection, use of the built form to reduce onward visibility, and provision of on street parking to control speeds along the primary and secondary highway networks. The tertiary roads are designed as shared “mews” type zones, where the speeds of vehicles are reduced through built form and design.

Parking is controlled via a condition placed upon the outline planning permission for the site as a whole, which restricts parking to an average of 1.5 spaces per residential unit for the site as a whole. In this case, the applicant considers that there is a justification to increase parking numbers, due to this development being phase one, and that there are no existing facilities on site. Parking on this phase averages 1.7 spaces per unit.

In addition the following conditions of the outline planning permission are relevant;

Condition 42- Cycle and Pedestrian Routes Condition 54- External Lighting scheme Condition 72- Pedestrian Crossing Facilities. Condition 75- Highway retaining works.

This phase of development includes the primary and secondary highway network which will in time link into the wider site wide public transport. As such permanent bus stops are provided through the site, and the applicant has provided details of proposed temporary phased bus turning facilities as part of the application. This will ensure that public transport can be fully integrated into this site as early as possible. The S106 agreement on the outline planning permission included payments to the Authority to facilitate bus services.

PLANDEV-130312-REP-EN-GW Page 23 of 157

The Head of Engineering and Transport, Highway Section offers no objection, subject to conditions.

Drainage and Sewerage.

Drainage The Strategic surface water drainage, and ground water systems for the site as a whole are dealt with under conditions 21 and 22 of the outline planning permission. Condition 21 refers to Catchment One, within which this phase of development lies. The overarching proposals for surface water set out within the details submitted for Catchment One under Condition 22 are considered acceptable.

Condition 50 of the outline permission refers to the Phase Specific Drainage, and the applicant has provided information as part of this application to address the requirements of this condition.

The applicant has submitted the principles for drainage for this phase, and how it connects to the strategic system. In this case the applicant proposes an interim connection to the strategic system, which flows into the existing north site reservoir, to serve the initial construction phases. The permanent connection will be provided once development extends outside of these initial phases of construction. There is sufficient information provided at this stage to agree the principles set out, subject to the submission of schemes for the details of these works.

For plots 295 to 302 there are a number of alternate drainage proposals being considered. At this time development of these plots are excluded by condition from this development, until a scheme for drainage is submitted to and approved by the Local Planning Authority.

Sewerage Condition 20 of the outline planning permission requires the incremental upgrade of Dynevor Pumping station to provide the capacity to deal with the sewerage on the site. This is a prescriptive condition, requiring no formal submissions or schemes. However, the applicant wishes to propose an alternative temporary proposal at this stage to serve phase one of the development. The condition allows for an alternative to be considered. The condition states that;

“20.Unless otherwise agreed in writing by the Local Planning Authority;

PLANDEV-130312-REP-EN-GW Page 24 of 157 (a)No dwelling shall be occupied until such a time as the storage volume at Dynevor Storage Pumping Station is increased by an additional 80m³. (b)No more than 700 houses shall be occupied until such time as the storage volume at Dynevor Storage Pumping Station has been increased by a further 70m³ (cumulative increase of 150m³) and 165m of the pipe marked in blue on plan no2005/Hcon/21206/Drawing no.1 has been increased in diameter to 525mm. (c)No more than 1300 houses shall be occupied until additional storage volume at Dynevor Storage Pumping Station has been increased by a further 70m³ (cumulative increase of 220m³) and further 165m of the pipe marked in blue on plan no2005/Hcon/21206/Drawing no.1 has been increased in diameter to 525mm. (d)No more than 2000 houses shall be occupied until such time as the storage volume at Dynevor Storage Pumping Station has been increased by a further 310m³ (cumulative increase of 530m³) and further 165m of the pipe marked in blue on plan no2005/Hcon/21206/Drawing no.1 has been increased in diameter to 525mm

Reason To ensure the provision of a sewerage system capable of accommodating the Coed Darcy Development.”

As part of discussions with the applicant and Welsh Water it has been agreed in principle that parts A and B of the condition imposed be amended. An application has formally been submitted and is awaiting a formal response from Welsh Water.

The applicant has provided a proposed scheme setting out the proposed infrastructure, including any temporary works to facilitate sewerage disposal. This includes the provision of a temporary tank for the first 20 units. This may either than be tinkered off site, or temporarily connected and pumped into the main foul sewer present on site. Thereafter a pumping station with temporary storage will be provided. The storage will replace that required for the initial upgrade of Dynevor, whilst the applicant discusses with Welsh Water the permanent solution for the site as a whole.

Suitable conditions will be imposed upon any permission issued.

Biodiversity and Ecology.

Coed Darcy Urban Village as a whole has a number of significant biodiversity and ecological issues. These include the presence of bats and

PLANDEV-130312-REP-EN-GW Page 25 of 157 Great Crested Newts together with areas both within and adjoining the site which are of significant importance. Arguably the most important of these is Crymlyn Bog, which lies adjacent to the western boundary of the site.

As part of the Masterplan, and provided as part of strategic conditions imposed upon the outline planning permission, issues of strategic ecological enhancement, creation and protection have been agreed. These include a Strategic Landscaping Strategy, and a Strategic Environmental Management Plan.

Within this phase of development, there is an existing area of heathland, and proposals to provide further heathland. In addition there is a habitat to be formed running along a cliff that runs in an east west direction through part of the site, and an area of open space where the NEAP is to be provided. A landscaping scheme for this phase of development has been provided, however, the details will require reassessment once the Strategic Environmental Management Plan, and the Phase Specific Environmental Management Plan are formally approved. These are currently awaiting formal resubmission, following consultation, however, the principles set out in these documents are unlikely to alter significantly the landscaping scheme proposed. A condition will be imposed upon any permission issued to deal with this.

In addition the following conditions are relevant;

Condition 40 Permanent Boundary Details, requiring details of means of enclosure to ecological sensitive areas, which allows for wildlife movements.

Condition 87- Phase specific landscaping, requiring native and wildlife friendly species.

Condition92- which require the submission of an extended phase 1 survey,

The boundary treatments are submitted as part of the application to address the requirements of condition 40. The heathland area is not proposed for enclosure, and this is consistent with the advice of the Ecological Liaison Officer (Who oversees the side wide strategic landscaping and habitat enhancement/creation elements). The proposed landscaping has been assessed against the strategic landscaping, and it is considered that the species are appropriate and consistent with these

PLANDEV-130312-REP-EN-GW Page 26 of 157 overarching requirements.

The Phase 1 habitat survey identifies the potential for reptiles on the heathland and proposed heathland, and for nesting birds. The applicant through the mitigation measures proposed; e.g. temporary reptile fencing to the reptile habitats, suitably addresses these matters. Suitably worded conditions would be imposed.

There are no specific issues relevant to CCW on this phase of development, however, they will be offering comment in respect of future phases, especially those within the drainage catchment for Crymlyn bog.

Sustainability.

This application is a reserved matters application, and the outline planning permission does not include a requirement for code for sustainable homes. However, the subsequently approved Town Code requires the development to achieve Code for Sustainable Homes Level 3+.

The applicant has provided a viability assessment, which is discussed in more detail later in this report. It is clarified that the costs associated with achieving Code 3+ are not achievable, however a pre-assessment has been undertaken, and a sustainability report submitted. This shows that the development would achieve Code Level 1.

The development does achieve full credits in the following sections: External Lighting, Management of Surface Water Run-off from Developments, Flood Risk, Storage of Non-recyclable waste & recyclable waste, Construction Site Waste Management, GWP of Insulants, Home User Guide, Security, Ecological Value of Site, Ecological Enhancement and Protection of Ecological Features

In addition, the applicant states that the following credits may well score full or additional credits more in line with a Code Level 3, but without carrying out a full assessment (post completion) it is not possible at this stage to determine this at this stage: Change in Ecological Value of Site (full credits possible), Environmental impact of Materials (further credits possible) and Responsible Sourcing of Materials: Basic Building Elements (further credits possible)

As such, whilst it is disappointing that the development would not achieve the requirements of the Town Code in this regard, the viability of

PLANDEV-130312-REP-EN-GW Page 27 of 157 the scheme would prevent any development occurring at this time, should this requirement be fully enforced. This does not remove the responsibility of the developer from these sustainability issues, and suitably worded conditions will be imposed upon any permission issued, requiring design and post construction stage assessments to be undertaken. Achieving the Code 1 (45 credits) as a minimum, with aspiration to achieve higher.

Affordable Housing.

Policy H4 of the Neath Port Talbot Unitary Development Plan refers to affordable housing provision. The Authority also has adopted Supplementary Planning Guidance for the provision of affordable housing. This sets out the procedures, guidance and definitions of not only the level of affordable housing required but how affordable housing is defined and to be delivered. Within this guidance it is accepted that certain development may not be able to provide affordable housing due to lack of viability, and sets out the Authority’s requirements for a developer to prove viability through an open book assessment.

In this case the matter is further defined by the S106, signed as part of the outline planning permission for the site. There are no conditions imposed upon the outline permission, but the requirement for affordable housing is set out within the legal agreement.

The applicant has provided information to show that the proposed development cannot support the provision of affordable housing at this time. This information has been assessed by the Estates Department, who consider that this offers a reasonable reflection of the proposals put forward. Whilst at this time the development may not be able to support affordable housing, it is clear that should the economic climate improve, the development may become more viable, and as such a S106 agreement would be required to ensure that a yearly reassessment of the remaining development is made until the development of this phase is completed. In addition the developer has agreed that monthly sales/financial information will be provided, and any monies over and above that required to cover the normal returns for the developers will be provided to the Authority to be spent on affordable housing provision within the County Borough.

Others (including objections)

The Architectural Liaison Officer employed by South Wales Police to

PLANDEV-130312-REP-EN-GW Page 28 of 157 advise the Authority on development proposals and secured by design principles, has offered valuable advice during the application process, and pre-application discussions. These comments have resulted in alterations to the scheme to provide intrinsic security and crime prevention measures into the site layout, including, where possible, the removal of rear lanes, provision of overlooked car parking areas, and gated car parking courtyards. Whilst many of these comments have been taken on board within the design principles, there are specific issues which will require the imposition of planning conditions. These include the provision of security lighting to the car parking courtyards, and security/lighting to those rear alleyways that could not be designed out. A note will also be added to any permission in respect of remote fob access to the courtyards to provide additional security, however, it is not considered that this can be a condition of any permission issued.

The Authority’s play officer has offered constructive comment on the NEAP provision for the site. These comments have resulted in alteration to the proposed equipment provided, ensuring that it is age appropriate, and provides for the range of children who would wish to use the facility. The provision of a MUGA provides the older children with a more formal play area for football and basketball, whilst the younger children are provided with a wide variety of play equipment.

The Access Group made reference to the Equalities Act. This is considered as part of the overall consideration of any application by the Authority, and if relevant by the consultees, and should be considered by the Developer in their design.

Conclusion:

It is considered that the proposed development both complies with the overarching policy objectives of the Neath Port Talbot Unitary Development Plan, under Policy LL1 and complies with the Masterplan approved for this development with regard to land use and infrastructure provision. In relation to the approved Town Code, the Town Architect has offered his support for the proposals, subject to conditions, and this has been accepted by the Coed Darcy Board, allowing the Authority to consider this application for determination.

It is recognised that there are elements of the scheme which do not deliver the full Town Code requirements, and areas where viability have also impacted upon the deliverability of certain requirements. The most obvious physical representations of these being the window sizes, use of

PLANDEV-130312-REP-EN-GW Page 29 of 157 artificial slate, and GRP porches and rainwater goods. Other issues which may not be physically obvious once constructed are where the development would not achieve Code for Sustainable Homes Level 3+ and that there is no affordable housing proposed at this time.

Overall, the proposals are considered to be acceptable, and that subject to conditions, where matters or further clarification or alteration are required, will provide a well designed and integrated first phase of this development site.

Recommendation:

Subject to the signing of a S106 agreement in relation to annual reassessment of viability for affordable housing, together with the monthly sales/ financial data being provided, and any monies over those agreed rates after taking into account normal developer profits, be paid to the Authority for the provision of affordable housing in the County Borough, that the reserved matters be approved, subject to the following conditions:-

CONDITIONS;

(1)All dwellings, garages and car ports shall be finished externally in accordance with Drawing No.s PL-06.1 Rev J, PL-06.2 Rev J and PL- 06.3 Rev J.

Reason

In the interests of clarity, design and visual amenity.

(2) All permanent boundary treatments shall be erected/constructed in accordance with the details as defined on Drawing Numbers PL-06.1 Rev J, PL-06.2 Rev J and PL-06.3 Rev J only, and accord with the specifications set out on Drawing No EXT-01 Rev D. These shall be erected/constructed in accordance with the approved details prior to the occupation of each associated dwelling.

Reason

In the interests of visual amenity, and security and to comply with the requirements of Condition 40 of outline Planning Permission P2005/0393.

PLANDEV-130312-REP-EN-GW Page 30 of 157 (3)Not withstanding the details submitted no development shall take place on the dwellings and associated means of enclosure hereby approved until sample panels of the proposed brickwork, stonework and render, including corner detailing and mortar joints, together with roof verge, eaves, chimney and canopy design and detailing have been constructed on site, inspected by the Local Planning Authority and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason

In the interests of design and visual amenity and to ensure compliance with the approved Town Code.

(4)Notwithstanding the detials submitted no development shall take place on the hardsurfacing of the public realm, excluding areas of tarcmacadam, hereby approved as part of this development until sample areas of the proposed surfacing are constructed on site, inspected by the Local Planning Authority and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

Reason

In the interests of design and visual amenity and to ensure compliance with the approved Town Code.

(5)Prior to any development taking place, and notwithstanding the landscaping scheme submitted, a compliance statement, and if required, a revised landscaping scheme, outlining the relationship between the proposed landscaping scheme, SEMP and Phase specific EMP as approved, shall be submitted to and approved in writing by the Local Planning Authority. This submission shall include all relevant plans and written details and specifications to cross reference with the requirements of the SEMP and Phase EMP together with a programme of works. In addition the scheme shall provide for larger tree specimens in accordance with the requirements of the approved strategic landscaping scheme for the site as a whole. This scheme as approved shall be fully implemented on site in accordance with these approved details.

Reason

In the interests of amenity and ecology, and to ensure that these phase specific details comply with the overarching strategic elements of the

PLANDEV-130312-REP-EN-GW Page 31 of 157 development proposals, and to accord with the requirements of Condition 87 of outline planning permission P205/0393.

(6) The NEAP, including MUGA, as detailed on Plan No. L18 Rev A. shall be fully implemented and open for public use, including all hard and soft landscaping, lighting, means of enclosure and connection to the public highway in accordance with these approved details.

Reason

In the interests of amenity and to ensure compliance with the S106 legal agremeent signed in association with Planning Permission P2005/0393.

(7)Prior to any development on Plots 148 to 156 and Plots 192 to 207 inclusive, a detailed scheme for the footpath link bridge between the upper and lower plateau areas fronting Plots 155 & 194 shall be submitted to and approved in writing by the Local Planning Authority. This scheme as approved shall be fully implemented prior to the first occupation of Plots 148 to 156 and Plots 192 to 207 inclusive

Reason

In the interests of amenity, and to ensure that the connectivity of the site, and impacts of these works are fully integrated within the construction programme.

(8) No development shall take place on any dwelling outside of construction phases 1 and 2, as defined on the indicative construction plan. Drawing No. DC1, submitted on the 2nd March 2012 until full details of the footpath link running between the proposed heathland and NEAP, connecting the upper and lower plateau are submitted to and approved in writing by the Local Planning Authority. These details shall include all structural calculations, cross sections, plans and elevations, together with external finishes and lighting. Details of proposed measures to protect the heathland habitat during the construction phase shall also form part of this submission. These works shall be fully implemented prior to the first occupation of any development located on the upper plateau.

Reason

In the interests of clarity, and to ensure connectivity within the site.

(9)Prior to the first occupation of any dwelling full specifications and details for the proposed temporary sewerage storage tank, and

PLANDEV-130312-REP-EN-GW Page 32 of 157 connections to it, as set out within Technical Note Ref: 5041216-OSW- TN-620 and Drawing No's 5041216-ENG-DWG-1115 Rev A & 5041216-ENG-DWG-1139 shall be submitted to and approved in writing by the Local Planning Authority. These works, as approved, shall be fully implemented on site prior to the first occupation of any dwelling. These temporary works shall facilitate the occupation of a maximum of 20 dwellings only, and shall be decommisioned and removed from use prior to the occupation of the 21st dwelling. Prior to the occupation of the 21st dwelling the on-site sewerage pumping station, as detailed within the Technical Note Ref: 5041216-OSW-TN-620, and permanent connection to it shall be fully implemented. All dwellings shall thereafter connect to the main sewerage system via this pumping station only prior to their first occupation.

Reason

In the interests of amenity and the environment.

(10) All unallocated car parking spaces as hatched blue, and indicated on the Planning Layout, Drawing No's PL-05.1 Rev S, PL-O5.2 Rev S, and PL05.3 Rev S, hereby approved shall not be marked out as individual spaces or demarcated on the surfacing for that area. They shall remain open and free for public use thereafter.

Reason

In the interests of Highway and Pedestrian safety, sustainability, and to substantially accord with Condition 65 of Planning Permission P2005/0393.

(11) Unless otherwise agreed in writing by the Local Planning Authority, Phase 1 of the site access road, as specifified by Condition 6 of Planning Permission P2010/0282 shall be completed fully in accordance with those approved details and shall be open for public use prior to commencement of development on site.

Reason

In the interests of Highway and Pedestrian safety, and the free flow of traffic.

(12) Notwithstanding the details submitted no development shall take place on plot No's 295-302 inclusive, until full details of the land and surface water drainage to serve these plots are submitted to and approved in writing by the Local Planning Authority. These details shall include the

PLANDEV-130312-REP-EN-GW Page 33 of 157 route, discharge point(s) and technical specification of the proposed drainage system together with, if necessary, appropriate ecological surveys and data to fully assess impacts of these works upon any sensitive habitat or ecology. These details as approved shall be fully implemented on site prior to the occupation of any of these dwellings.

Reason .

In the interests of amenity, ecology and biodiversity.

(13) Prior to any development taking place a scheme shall be submitted to and approved in writing by the Local Planning Authority for the interim land and surface water drainage connection to the strategic drainage system. This scheme shall accord with the principles as set out within Technical Note PJF094/C107/RM/300 and Drawing No. 5041216-ENG- DWG-1130 and provide full technical and construction details together with all measures for the protection and monitoring of surface and groundwater contamination. This scheme as approved shall be fully implemented prior to the first occupation of any dwelling and shall be removed from use and operation upon the first operation of the permanent land and surface water connection, as approved under condition 14 of this planning permission.

Reason

In the interests of amenity and the environment and to comply with the requirements of Condition 50 of Planning PermissionP2005/0393.

(14) Prior to any development taking place on any dwelling outside of construction phases 1 and 2, as defined on the indicative construction phasing plan, Drawing No. DC1, submitted on the 2nd March 2012 until a scheme shall be submitted to and approved in writing by the Local Planning Authority for the permanent land and surface water drainage connection to the strategic system. This scheme shall accord with the principles as set out within details submitted within Technical Note PJF094/C107/RM/300 and Drawing No. 5041216-ENG-DWG-1130 and provide full technical and construction details together with all measures for the protection and monitoring of surface and groundwater contamination. This scheme as approved shall be fully implemented prior to any development commencing outside of construction phases 1 and 2.

Reason In the interests of amenity and the environment and to comply with the requirements of Condition 50 of Planning Permission P2005/0393.

PLANDEV-130312-REP-EN-GW Page 34 of 157 (15) The land and surface water drainage proposals within the application site for the development hereby approved shall be carried out in accordance with Drawing No's PJF094/C107/RM/300 Rev E, PJF094/C107/RM/301 Rev G, PJF094/C107/RM/302 Rev G, PJF094/C107/RM/303 Rev G and Technical Notes PJF094/C107/RM/300 Rev C and PJF094/C107/RM/301 Rev C, and shall be fully implemented in accordance with these approved details.

Reason

In the interests of amenity, and the environment, and to accord with the requirements of Planning Conditioon 50 of Outline Planning Permission P2005/0393.

(16) Prior to any development taking place on site, a programme of works, together with all temporary engineering works assosciated with the provision and delivery of the proposed temporary bus turning facilities in accordance with Drawing No. PL-08 Rev E, shall be submitted to and approved in writing by the Local Planning Authority. This scheme shall be fully implemented in accordance with these approved details.

Reason

In the interests of Highway and pedestrian safety, and sustainable transport provision.

(17)All permanent bus stops and associated signage, together with bus boarding areas shall be provided in accordance with Drawing No's PL- 05.1 Rev S, PL-05.2 Rev S, and PL05.3 Rev S, and shall be in place prior to the occupation of any dwelling immediately fronting that section of highway.

Reason

In the interests of Highway and Pedestrian Safety, sustainable public transport provision, and to accord with the approved Masterplan.

(18)All street lighting columns within the shared surfaced areas shall be provided with column protection in accordance with the approved Town Code Specification.

Reason In the interests of highway and pedestrian safety, amenity and design.

PLANDEV-130312-REP-EN-GW Page 35 of 157 (19) The layout and design of the strategic cycle and pedestrian footpath routes shall be fully implemented in accordance with the details hereby approved as part of the phased construction of the development.

Reason

To accord with the approved masterplan, strategic footway and cycle strategy, amenity and sustainability, and to accord with the requirements of Condition 42 of Planning Permission P2005/0393.

(20) All highway retaining works shall accord with the principles as set out within Technical Note PJF094/C107/RM/C75.01 Rev B, and shall be carried in in accordance with these approved details unless otherwise agreed in writing by the Local Planning Authoirty.

Reason

In the interests of Highway and Pedestrian safety, and to accord with the requrements of Condition 75 of Planning Permission P2005/0393.

(21) All retaining walls shall be constructed in accordance with Drawing No's PJF094/C107/RM/200 Rev D, PJF094/C107/RM/201 Rev B, PJF094/C107/RM/202 Rev D, PJF094/C107/RM/203 Rev E, PJF094/C107/RM/204 Rev E and Technical Note PJF094/C107/RM/C49 Rev A.

Reason

In the interests of clarity, and to ensure compliance with Condition 49 of Outline Planning Permission P2005/0393.

(22) Unless otherwise agreed in writing by the Local Planning Authoirty, or approved through the submission of details under any other condition of this permission, the development hereby approved shall be undertaken in accordance with the proposed levels, as defined on Drawing No's PJF094/C107/RM/101 Rev D, PJF094/C107/RM/108 Rev D,PJF094/C107/RM/111 Rev E, PJF094/C107/RM/112 Rev E.

Reason

To accord with the requirements of Condition 48 of Outline Planning Permission P2005/0393, and in the interest of visual amenity, and design.

(23) Unless otherwise agreed in writing by the Local Planning Authority all pedestrian crossing facilities, as detailed on Drawing No. PL-05.1 Rev

PLANDEV-130312-REP-EN-GW Page 36 of 157 S, shall be fully implemented on site prior to any occuaption of any dwelling fronting that crossing facility.

Reason

In the interests of highway and pedestrian safety, and to accord with the requirements of Condition 72 of Outline Planning Permission P2005/0393.

(24)Prior to any development taking place protective fencing, including reptile proof fencing shall be erected around the exisiting and proposed heathland habitat areas. There shall be no unauthorised access into these areas or storage of any plant, machinery, materials or any other construction materials. This protective fencing shall be retained in place until such time as all construction works have been completed in the vicinity of the heathland.

Reason

In the interests of ecology and biodiversity

(25) The ground floor area of the apartment block, outside of that identified as part of any residential unit, as shown on Plan No. APT-01 Rev B, or as amended under condition 34 of this permission, notwithstanding those details provided ,shall have a nill use.

Reason

In the interests of clarity and as the development hereby approved has requested no specific use for these areas.

(26) Each dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 1, and 45 Credits in accordance with the requirements of Code for Sustainable Homes: Technical Guidance November 2010.

Reason

In the interests of Sustainability.

(27) No development of any dwelling hereby approved shall commence until details of a Code for Sustainable Homes ‘Design Stage’ assessment and related certification certifying that a minimum of Code Level 1, obtaining at least 45 credits, in accordance with the requirements of Code for Sustainable Homes: Technical Guidance November 2010 has been submitted to and approved in writing by the Local Planning Authority.

PLANDEV-130312-REP-EN-GW Page 37 of 157 The development shall be carried out entirely in accordance with the approved assessment and certification unless otherwise agreed in writing by the Local Planning Authority.

Reason

In the interests of Sustainability.

(28) No dwelling hereby approved shall be occupied until a Code for Sustainable Homes ‘Post Construction Stage’ assessment has been carried out in relation to it, and a Final Code Certificate has been issued for it certifying that it has achieved a minimum of Code Level 1 and 45 credits under the requirements of Code for Sustainable Homes Technical Guidance November 2010. The certificate shall be submitted to and approved in writing by the Local Planning Authority.

Reason

In the interests of Sustainability.

(29) Notwithstanding the proposed levels and cross-sections submitted and hereby approved all rear gardens with a gradient greater than 1 in 12 shall be terraced, to achieve a gradient not exceeding 1 in 12, in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority prior to any development taking place. This scheme as approved shall be fully implemented in accordance with these approved details, prior to the first occupation of that dwelling.

Reason

In the interests of residential amenity, and design.

(30)Notwithstanding the details submitted, and prior to any development taking place, a scheme shall be submitted to and approved in writing by the Local Planning Authority amending the parking courts serving Plots 1-7, 25-27, 35-38, 39-41, 54-57, 150-154, 218-222 and 298-294, to provide landscaping strips visible from the entrances of the courtyards from the public realm, together with details and specification for the provision of security lighting. These details as approved shall be fully implemented as part of the development hereby approved prior to the occupation of any dwelling for which that car parking serves.

Reason In the interests of design and visual amenity, and public safety.

PLANDEV-130312-REP-EN-GW Page 38 of 157 (31) The roofing material for all development hereby approved shall be Redland Cambrian Slate.

Reason

In the interests of clarity, visual amenity, and to accord with the requirements of the approved Town Code Addendum.

(32) All tree protection measures shall be in accordance with the approved town code specification. Where tree guards are to be provided, these shall be Marshalls, Ollerton flared top tree guards, coated black.

Reason

In the interests of clarity, visual amenity, and to accord with the approved town code.

(33) The dwellings, garages and car ports hereby approved shall be constructed in accordance with the House Type Planning Drawings, Garage and Car Port plans and elevations hereby approved.

Reason

In the interests of clarity, visual amenity and design.

(34)Notwithstanding the details submitted, and prior to any development taking place,the design of the apartment block ,as shown on Drawing No. APT-01 Rev B shall be amended in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. This amended design, as approved ,shall be fully implemented in accordance with these approved plans and elevations.

Reason

In the interests of visual amenity and design.

(35)Unless otherwise agreed in writing by the Local Planning Authority all street signage shall be fixed to buildings, or a means of enclosure in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of any dwelling.

Reason

In the interests of visual amenity, and design. (36)No external flues, vents and utility boxes shall be located on the elevation of any dwelling fronting any highway or footpath, unless in

PLANDEV-130312-REP-EN-GW Page 39 of 157 accord with a scheme to be first submitted to and approved by the Local Planning Authority.

Reason

In the interests of visual amenity and design.

(37) This planning permission relates to the following drawings and Technical Notes unless otherwise agreed as part of any scheme sumitted to address a requirement of any condition imposed upon this planning permission;

Planning Layout- PL-05.1 Rev S, PL-05.2 Rev S, and PL-05.3 Rev S.

House types- Apt-01 Rev B, HT-P814-01 Rev D, HT-P814-02 Rev D, HT-P814-03 Rev D, HT-P814-04 Rev D, HT-P814-05 Rev B, HT-P814- 06 Rev B, HT-P950-01 Rev D, HT-P950-02 Rev D, HT-P950-03 Rev B, HT-P950-04 Rev B, HT-P950-07 Rev A, HT-P950-08 Rev A, HT- P950S-01 Rev C, HT-P950S-02 Rev C, HT-P950S-03 Rev C, HT-P950S- 04 Rev C, HT-P950S-05 Rev A, HT-P950S-06 Rev A, HT-P1187-01 Rev D, HT-P1187-02 Rev D, HT-P1187-03 Rev B, HT-P1187-04 Rev B, HT- P1187-05, HT-P1187-06, HT-P1197-01 Rev D, HT-P1197-02 Rev D, HT-P1197-01 Rev B, HT-P1197-04 Rev B, HT-P1228-01 Rev D, HT- P1228-02 Rev D, HT-P1228-03 Rev B, HT-P1228-04 Rev B, HT-P1228- 07 Rev B, HT-P1228-08 Rev B, HT-P1443-01 Rev E, HT-P1443-02 Rev E, HT-P1475-05 Rev B, HT-P1475-06 Rev B, HT-P1710-01 Rev D, HT- P1710-02 Rev D, HT-P1710-03 Rev D, HT-P1710-04 Rev D, HT-P1777- 01 Rev C, HT-P1777-02 Rev C, HT-P1777-03 Rev C, HT-P1777-04 Rev C, HT-P600-01 Rev D, HT-P600-02 Rev D, HT-P600-03 Rev D, HT- P600-04 Rev D, HT-P600-05 Rev C, HT-P600-06 Rev C, HT-P632-05 Rev B, HT-P632-06 Rev B, HT-P632-07 Rev B, HT-P632-08 Rev B

Gagages/Car Ports- HT-GAR-01 Rev B, HT-GAR-02 Rev A, HT-GAR- 03 Rev A, HT-GAR-04 Rev A, HT-GAR-05 Rev A, HT-GAR-06 Rev A, HT-GAR-07 Rev A, HT-GAR-08 Rev A, HT-CARPORT--1 Rev A.

External Finishes for dwellings and Boundary treatments- PL-06.1 Rev J, PL-06.2 Rev J and PL-06.3 Rev J, and EXT-01 Rev D.

Proposed Levels-PJF094/C107/RM/101 Rev D, PJF094/C107/RM/108 Rev D,PJF094/C107/RM/111 Rev E, PJF094/C107/RM/112 Rev E.

Landscaping- L10 Rev E, L11 Rev E, L12 Rev E, L13 Rev E, L14 Rev E, L15 Rev E, L16 Rev E, L17 Rev C, LD01 Rev B.

PLANDEV-130312-REP-EN-GW Page 40 of 157 NEAP- L18 Rev A.

Bus Phasing Plan- PL-08 Rev E.

Surface water & land drainage-PJF094/C107/RM/300 Rev E, PJF094/C107/RM/301 Rev G, PJF094/C107/RM/302 Rev G, PJF094/C107/RM/303 Rev G and Technical Notes PJF094/C107/RM/300 Rev C and PJF094/C107/RM/301 Rev C

Foul Sewerage- Drawing No's 5041216-ENG-DWG-1115 Rev A, 5041216-ENG-DWG-1139 &Technical Note 5041216-OSW-TN-620.

Retaining Works- PJF094/C107/RM/200 Rev D, PJF094/C107/RM/201 Rev B, PJF094/C107/RM/202 Rev D, PJF094/C107/RM/203 Rev E, PJF094/C107/RM/204 Rev E and Technical Note PJF094/C107/RM/C49 Rev A.

Street Lighting- PJF094/C107/RM/400 Rev E, PJF094/C107/RM/401 Rev E, PJF094/C107/RM/403 Rev E, 5088491/EL/SL/1300/001.

Highway Retaining Works-Technical Note PJF094/C107/RM/C75.01 Rev B.

Construction Phasing- Plan No. DC1.

Reason

In the interests of clarity.

(38)Prior to any development taking place on any dwelling hereby approved which is provided with access onto any rear alleyway. A scheme shall be submitted to and approved in writing by the Local Planning Authority for the provision of security and/or lighting of these alleyways. This scheme as approved shall be fully implemented in accordance with these approved details prior to the first occupation of any dwelling served by that alleyway and retained as such thereafter.

Reason

In the interests of amenity, security, and the principles of secured by design.

REASON FOR GRANTING PLANNING PERMISSION

(1) The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase

PLANDEV-130312-REP-EN-GW Page 41 of 157 Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise.

(2) Overall, the proposals are considered to be acceptable, and that subject to conditions, where matters or further clarification or alteration are required, will provide a well designed and integrated first phase of this development site. In overall compliance with the approved Masterplan, Town Code and Polices, as set out within the Neath Port Talbot Unitary Development Plan.

PLANDEV-130312-REP-EN-GW Page 42 of 157

ITEM 1. 3

APPLICATION NO: P/2011/932 DATE: 25/01/2012

PROPOSAL: Single storey side extension.

LOCATION: 12 ST ALBANS TERRACE, TAIBACH, PORT TALBOT NEATH PORT TALBOTSA13 1LW APPLICANT: Ms Margaret Gorvett TYPE: Householder WARD: Taibach

BACKGROUND INFORMATION

Planning History None

Publicity and Responses if applicable: 2 neighbouring properties were consulted: 2 letters of objection have been received from the same neighbouring property which is summarised as follows:

1. The development has already commenced on site. 2. The party wall regulations have not been complied with. 3. The extension will adversely affect the neighbouring property.

Description of Site and its Surroundings

The application site comprises a two-storey semi detached dwellinghouse at 12 St Albans Terrace, Taibach, Port Talbot. There are garden areas located to the front and rear of the property. To the rear of the property is a vehicular access lane. Between the application property and the neighbouring property no. 14 St Albans Terrace there is a boundary wall which extends to a height of between 1 to 1.8 metres high.

The property has been extended to the rear with a full width single storey mono pitched extension which projects 4.55 metres from the main back wall of the dwelling.

The property is finished in facing brickwork and rough render with slate tiles to the roof.

PLANDEV-130312-REP-EN-GW Page 43 of 157 Brief description of proposal (Eg. size, siting, finishes)

Full planning permission is sought for a single storey extension to the side of the dwelling. The extension will project some 1.34 metres from the side of the dwelling, which is the full width of the side access path of the dwelling. The proposed extension will be set back 0.45 metres from the front elevation of the dwelling and will extend back for a length of 7.1 metres so that it is in line with the original back wall of the dwelling.

The extension will have a pitched roof of a minimum height of 2.3 metres to the eaves rising to a maximum ridge height of 3.85 metres.

The extension will accommodate a w.c facility which will be accessed off the existing living room and a wet room facility accessed off the hallway.

The extension will be finished in materials to match those of the existing dwelling.

Material Considerations The main issues to be considered in the determination of this application are the impact upon the character and appearance of the surrounding area and the impact upon the amenities of residents within the neighbouring properties having regard to prevailing planning policies.

Policy Context Neath Port Talbot Unitary Development Plan:

Policy GC1 – New Buildings/Structures and Changes of Use; Policy ENV17 – Design; The Household Extension Design Guide

Visual Amenity

In relation to visual amenity the external materials will match those of the existing dwelling and the proposed extension has a design which is in keeping with the existing dwelling. It is set back from the front elevation of the property by 0.45 metres and as such would not be overly visible from any public view point. It is therefore considered that the proposed extension will not have an adverse effect on the character and appearance of the surrounding area nor will it result in a terracing effect within the streetscene.

PLANDEV-130312-REP-EN-GW Page 44 of 157 Residential Amenity (Eg. Overlooking, Overbearance, Overshadowing)

With regard to residential amenity, the neighbouring dwelling no. 14 St Albans Terrace has a number of windows and a glazed door on the side elevation, however these are all fitted with obscure glass.

The proposed extension will be sited opposite the glazed kitchen door and an obscure glazed window both of which serve the open plan kitchen/diner and living room of the property. It should be noted that the room is also served by a clear glazed window to the rear elevation, a ‘velux’ type window within the roof and glazed patio style doors which lead off the fully glazed rear conservatory located to the rear of the property. Although there may be some effect on the side obscured glazed kitchen window by the proposed extension, as the kitchen/diner is also served by an additional window, sky light and glazed patio doors it is considered that there will not be an unacceptable loss of light through overshadowing to the neighbouring property.

The neighbouring property also has an obscure glazed window to a w.c on the side elevation, however as this is not a habitable room window it is not considered that there will be an unacceptable loss of light through overshadowing to the neighbouring property.

Turning to overlooking, the window to the proposed extension will be sited on the front elevation only and a door to the rear elevation, thus overlooking the application property rather than the neighbouring dwelling.

Whilst the proposed extension will be sited on the common boundary with the neighbouring property, the extension is only single storey in design and will extend for the depth of the original dwelling. There is also a pathway measuring in excess of 1 metre between the development and the neighbouring dwelling, it is therefore considered that the proposal will not have an unacceptable overbearing effect on the neighbouring property.

Highway Safety (Eg. Parking and Access)

It is noted that there are no car parking facilities within the curtilage of the dwelling, similar to many of the dwellings in the immediate area. It is considered that this small extension to provide disabled shower room facilities will not adversely affect highway and pedestrian safety.

PLANDEV-130312-REP-EN-GW Page 45 of 157

Others (including objections)

One letter of objection has been received raising concern that work has commenced on site and they have not complied with the party wall act. The compliance with the party wall Act is a private matter between the applicant and the resident of the neighbouring property.

Turning to the issue of commencement of work on site, it is noted that the footings for the proposed extension have commenced on site prior to the determination of this application, and whilst this is not illegal the applicant has been advised that they should not continue work. Nevertheless any works undertaken without planning permission are done so at their own risk.

The neighbour has also objected stating that the extension will adversely affect the neighbouring property, however no further details have been provided by the objector explaining how the extension will adversely affect his property. Nevertheless since these concerns were initially raised, the applicant amended the scheme to reduce the rearward projection of the extension and thus further minimise the impact upon the neighbouring property as the extension no longer extends beyond the rear elevation.

Conclusion:

It is considered that the proposed single storey rear extension will not have a detrimental impact upon the amenities of residents within the adjoining dwellings, or upon the character and appearance of the surrounding area by virtue of its size, siting and design. Hence, the proposed development is in accordance with Policies GC1 and ENV17 of the Neath Port Talbot Unitary Development Plan and the Policy document entitled ‘A guide to Household Extensions’.

Recommendation:

Approval with conditions.

CONDITION;

PLANDEV-130312-REP-EN-GW Page 46 of 157 (1) 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 windows (other than those expressly authorised by this permission) shall be constructed.

Reason

In order to safeguard the amenities of the area by enabling the Local Planning Authority to consider whether planning permission should be granted for additional windows, having regard to the particular layout and design of the estate.

REASON FOR GRANTING PLANNING PERMISSION

The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise.

It is considered that the proposed single storey rear extension will not have a detrimental impact upon the amenities of residents within the adjoining dwellings, or upon the character and appearance of the surrounding area by virtue of its size, siting and design. Hence, the proposed development would be in accordance with Policy GC1, Policy ENV17 of the Neath Port Talbot Unitary Development Plan and the Policy document entitled ‘A guide to Household Extensions’.

PLANDEV-130312-REP-EN-GW Page 47 of 157

ITEM 1. 4

APPLICATION NO: P/2011/1100 DATE: 15/02/2012

PROPOSAL: Retention of use of first floor and attic space as 7 no guest bedrooms (class C1) in association with existing public house and five velux type roof lights

LOCATION: CROWN HOTEL, 25-27 PARK STREET, LOWER BRYNAMMAN, AMMANFORD NEATH PORT TALBOTSA18 1TF APPLICANT: Mr Bernard Worrall TYPE: Full Plans WARD: Lower Brynamman

BACKGROUND INFORMATION

Planning History:

None

Publicity and Responses (if applicable):

Gwaun Cae Gurwen Community Council – Objection due to concerns about congestion at present on the main highway and parking.

Head of Engineering & Transport (Highways Section) – Objection on the grounds that the development will result in an increase in on street parking congestion.

3 Neighbouring Properties were consulted and the application was advertised on site: No Response

Description of Site and its Surroundings:

The application site is The Crown Hotel, Park Street, Brynamman.

The public house is a traditional two storey detached building with white rendered external walls and a roof finished in natural slate. The public house fronts directly onto the highway and is bounded by a surgery and

PLANDEV-130312-REP-EN-GW Page 48 of 157 residential properties. The building has a pitched roof which runs parallel to the highway and there are three pitched roof dormers within the front roof plane which provide light and space for residential accommodation in the roof space. There is no car parking provision available at the premises at present.

Brief Description of Proposal:

This proposal seeks retrospective planning permission to retain the use of the first floor and roof void as a self contained manager’s flat together with seven bedrooms which are to be let as bed and breakfast rooms. The only external alterations undertaken include the installation of 5 roof lights, 3 of which have been installed on the front roof plane with a further 2 on the rear roof plane. These provide light and ventilation to 2 of the bedrooms within the roof void together with the staircase and an en-suite bathroom. Prior to the works being carried out the submitted details indicate that there were three bedrooms in the attic space together with three further bedrooms on the first floor providing accommodation for the manager, together with a function room for the public house.

All of the accommodation on the upper floors is accessed via a centrally located staircase and a smaller staircase within the lounge area of the public house. Therefore the accommodation on the upper floors cannot be independently accessed.

Alterations to the internal arrangement of the ground floor of the public house have also been undertaken to allow for the accommodation of a pool room and a reception in association with the bed and breakfast accommodation..

EIA Screening/Scoping Opinion & Habitat Regulations:

As the development is not Schedule 1 or Schedule 2 Development on the EIA Regulations, a screening opinion is not required for this application.

Material Considerations:

The material issues related to this planning application are the principle of development at this site, together with the impact of the proposal upon visual and residential amenity, and also highway and pedestrian safety having regard to prevailing planning policies.

PLANDEV-130312-REP-EN-GW Page 49 of 157 Policy Context:

Neath Port Talbot Unitary Development Plan:

EC7 Criteria for consideration of proposals for tourism facilities and attractions GC1 New Buildings/Structures and Changes of Use ENV17 Design T1 Location, Layout and Accessibility of new proposals H6 Conversions to and subdivision of dwellings and other premises

Policy EC7 of the Neath Port Talbot Unitary Development Plan permits the provision of new or extended tourism facilities including visitor accommodation subject to the satisfaction of a number of criteria, which include whether the site is within the open countryside; the impact upon visual and residential amenity together with biodiversity. Each of these criteria will be assessed later in this report, but it is important to acknowledge that this policy aims to encourage tourism and an improvement in tourist facilities, with a view to maximising the economic and employment benefits, promoting geographical and seasonal spread and encouraging the development of non traditional destinations, while safeguarding the environment and the interests of local communities.

As the proposed site is located within the settlement limits defined in the UDP, the principal of creating new guest bedrooms would be acceptable in principle, provided there would be no unacceptable impacts upon infrastructure, visual or residential amenity or highway safety.

The public house is located relatively close to the Black Mountain which forms part of the Brecon Beacons National Park and is promoted by means of a tourist information centre which is approximately a mile from the application site. The retention of bed and breakfast accommodation within the public house is therefore supported by Policy EC7 as it supports the wider tourism objectives of this authority. Moreover, the Head of Economic Development has identified that there is a lack of serviced guest accommodation within the area and the proposal therefore assists in addressing this deficiency. It is also anticipated that this proposal will generate employment in an area where there is little local employment opportunities.

In addition to providing additional tourism and employment opportunity it is considered that the proposal will diversify the business opportunities

PLANDEV-130312-REP-EN-GW Page 50 of 157 within the site and therefore assist in the retention of a community facility.

Visual Amenity:

With regard to visual amenity, as the only external alterations to the building are the five velux type roof windows, it is considered that the development would not impact upon the character and appearance of the building, the surrounding area or the street scene in which the application site is located.

As such it is considered that the change of use would have no material adverse impact upon the character or appearance of the surrounding area.

Residential Amenity:

In terms of residential amenity, by virtue of the fact that the only external alterations to the premises are the 5 velux windows it is considered that there is no unacceptable overbearing or overshadowing impact on the adjacent properties. In terms of noise and disturbance it must be acknowledged that the existing premises is a public house with a former function room on the first floor. The removal of the function room and the introduction of guest accommodation is unlikely to result in an increase in noise disturbance to neighbours. It is therefore considered that the amenities of neighbours will be safeguarded.

Highway Safety (Access, Parking and Traffic flows):

In terms of highway safety, the Head of Engineering and Transport (Highways Section) has objected to the proposal due to the fact that the development will lead to a need for increased on-street parking as a consequence of the guest bedrooms which will in turn result in on street parking congestion.

It should be noted that the former use of the first floor and the roof void were as a function room and a six bedroomed flat. Under the planning legislation the flat could be occupied by up to six individuals living together as a single household. Furthermore the use of the function room for private parties and events was also likely to have led to a significant demand for parking facilities. This former use and its demands upon parking cannot be ignored when considering the parking requirements associated with the uses which are sought under this application. The development will result in a reduction in the floor area of the lounge area

PLANDEV-130312-REP-EN-GW Page 51 of 157 associated with the public house together with the removal of the function room. Both will amount to the loss of a floor area of approximately 166m². Notwithstanding the fact that there is no off street parking available, the adopted parking guidelines for this authority require the provision of 1 car parking space for every 5m² of public house floorspace. This development will result in the loss of 166m² of public house floorspace it which equates to 33 parking spaces. The same parking guidelines require hotels and guest houses to provide one car parking space for each bedroom and 1 space per 3 non resident staff which would amount to a maximum of 4 spaces. It is therefore evident that the development for which planning permission is sought requires 29 less parking spaces than the former use of the premises. A refusal on highway grounds is therefore unjustified.

Furthermore it should be noted that there are no parking restrictions in place outside the application site, and inspections of the site and its surroundings have indicated that there is on street parking capacity within the surrounding area. It should also be noted that the lack of parking associated with guest houses and hotels is not uncommon, whereby guests arrive at the accommodation, drop their bags then find a parking space within the surrounding area.

It is acknowledged that there may be varying demands for car parking associated with this use in accordance with seasonal demand. The Tourism Section has indicated that the typical occupancy factor throughout the whole borough is between 21.5% and 80.7% for such accommodation. The applicant has indicated that experience to date suggests that only two of the seven bedrooms are occupied at one time. Therefore, whilst the proposal seeks consent to retain 7 guest bedrooms it is highly unlikely that they will all be occupied simultaneously.

As indicated above there is no parking provision within the site and little scope for on-street car parking on Park Street even though there are no parking restrictions on the highway. However, there are two parking areas and on-street provision exists to the north of the site off Banwen Place, at approximately 200 metres from the site. This form of car parking would not be suitable for a residential dwelling, however as stated above it is not uncommon for hotels to have off-site parking within close proximity. These parking areas are connected to the site by means of a well lit footpath and therefore considered appropriate to serve the limited demands of the proposal.

PLANDEV-130312-REP-EN-GW Page 52 of 157 Landscaping:

Not Applicable

Ecology (including trees & Protected Species):

Not Applicable

Flooding:

None

Pollution (air and ground):

None

Others (including objections):

The Tourism Section of the Council has been informally consulted and they have confirmed that the Upper Amman Valley currently only has one non-serviced provider for guest accommodation in the area who can only provide accommodation for ten people. They are therefore eager to gain a second serviced provider for guest accommodation for the area in order to promote tourism in the Upper Amman Valley area.

The ward member and community council have objected to the proposal on highway grounds and state that the main highway is already congested without generating further on-street parking on the highway. The ward member has requested that this application be brought before the planning committee for their consideration.

Conclusion:

It is considered that the proposed development would not have a detrimental impact upon residential amenity or upon the character or appearance of the surrounding area and given the nature of the development is likely to enhance tourist facilities and employment opportunities within the area in accordance with the aims of the development under policy EC7 which seeks to promote tourism facilities within the County Borough including tourist accommodation.

Whilst concerns have been expressed with regard to the increased demand for parking, the adopted parking guidelines indicate that the

PLANDEV-130312-REP-EN-GW Page 53 of 157 development will result in the need for 29 less parking spaces than the former use of the premises and as such should result in less on street parking. It is not therefore considered that the development will result in an increase in on street parking congestion and as such the development will not have an unacceptable adverse impact upon highway safety.

In view of the above it is considered that the development would be in accordance with Policies GC1, H6, T1, EC7 and ENV17 of the Neath Port Talbot Unitary Development Plan. Approval is therefore recommended.

Recommendation:

Approval

REASON FOR GRANTING PLANNING PERMISSION

The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise.

It is considered that the proposed development would not have a detrimental impact upon residential amenity or upon the character and appearance of the surrounding area, and there would be no adverse impact upon highway and pedestrian safety. Hence, the proposed development would be in accordance with Policies GC1, H6, T1 and ENV17 of the Neath Port Talbot Unitary Development Plan.

PLANDEV-130312-REP-EN-GW Page 54 of 157

ITEM 1. 5

APPLICATION NO: P/2012/51 DATE: 23/01/2012

PROPOSAL: Demolition of existing church hall and construction of new single-storey church centre (D1 Use) with car parking and associated works.

LOCATION: CHURCH HALL ST PAULS CHURCH, PENDARVIS TERRACE, ABERAVON, PORT TALBOT NEATH PORT TALBOTSA12 6DQ APPLICANT: Rev Matthew Trick TYPE: Full Plans WARD: Aberavon

BACKGROUND INFORMATION

Planning History: None.

Publicity and Responses (if applicable):

8 neighbouring properties were consulted and a site notice was displayed on site: 6 letters of objection were received, which are covered in detail later in the report but are summarised briefly as follows:

 The development will result in overlooking and a loss of privacy to neighbouring residents.  Concern is expressed with regard to the design, appearance and use of materials.  There is insufficient parking within the curtilage of the development and there is insufficient parking for existing residents.  The development will result in an increase in traffic generation to the detriment of highway safety.  The proposal will result in an increase in noise and disturbance to neighbouring residents.  A number of alternative options have been put forward but none of them are considered acceptable.

Environment Agency: No Objection, subject to conditions.

PLANDEV-130312-REP-EN-GW Page 55 of 157

Biodiversity Unit: No Objection, subject to conditions.

Welsh Water: No Objection, subject to conditions.

Head of Engineering & Transport (Highways): No Objection, subject to conditions.

Head of Engineering & Transport (Drainage): No Objection, subject to conditions.

Neath Port Talbot Disability Network Action Group: No Objection, but notes that paths should be constructed in accordance with Paragraph 1.13 Part M. Crossovers for the parking bays should have a minimum 25mm up stand with no up stand where the footway crosses the vehicle crossover and a level pathway (maximum 1 in 40 gradient) and 900mm wide should be maintained at the rear of the footway.

Description of Site and its Surroundings:

The application site is located at St Paul’s Church Hall, St Paul’s Church, Pendarvis Terrace, Aberavon.

The application site is an irregular parcel of land measuring approximately 0.143 hectares in area and is flat in profile. The site is currently occupied by the existing detached church hall, which was erected circa 1962. It was constructed with pre-cast concrete panels with a barrel vaulted roof. The building is currently disused.

Pedestrian access to the site is via both Gerald Street and Victoria Road, and there is currently no car parking on the site. The site is bounded by existing residential dwellings to the North-West and South-West, with Victoria Road to the South-East and St Paul’s Church to the North-East.

The site is located within the settlement limits as defined by Policy H3 of the adopted Neath Port Talbot Unitary Development Plan (UDP).

Brief Description of Proposal:

This application seeks full planning permission for the demolition of the existing church hall and construction of a new single-storey church centre (D1 Use) with car parking and associated works.

PLANDEV-130312-REP-EN-GW Page 56 of 157 The proposed development comprises the demolition of the disused church hall, due its poor condition and inflexible layout, and the erection of a new purpose-designed church centre (D1 use). The proposed centre will have a footprint measuring approximately 519m2, which is an increase of 219m2 above the existing hall. The new building will measure 22.6m wide by 27.9m in length and will reach a height of 6.5m. It will be sited 6m from the boundary with Gerald Street, and 9m off the boundary with Number 10. The building is designed with a gable-ended and partly hipped roof. It will have a glazed façade with glazed internal partitions, and will have an internal courtyard garden area. Windows and doors will be provided on all four elevations, with velux roof-lights over the main hall. It will provide a new hall, offices, consultation rooms, kitchen and toilet facilities for local community use. The applicant has indicated that it will be constructed with a mixture of rendered and facing brickwork walls, with an artificial slate roof. However, no specific samples or details have been submitted in support of the application.

In addition to the above, 14 new car parking space (including 2 disabled spaces) will be provided to the South-West of the proposed building, to be accessed via Gerald Street. 1.8m high open palisade fencing with pedestrian access gates are proposed to the front, side and rear of the building.

The applicant has indicated that surface water will be disposed of via a sustainable drainage system, while foul water will be disposed of into the existing mains sewer connection.

EIA Screening/Scoping Opinion & Habitat Regulations:

As the development is not Schedule 1 or Schedule 2 Development on the EIA Regulations, including the demolition works, a screening opinion will not be required for this application.

Material Considerations:

The main issues for consideration with regards to this planning application are the principle of development at this site, together with the impact of the proposal upon visual and residential amenity, and also highway and pedestrian safety having regards to prevailing planning policies.

PLANDEV-130312-REP-EN-GW Page 57 of 157 Policy Context:

Neath Port Talbot Unitary Development Plan:

GC1 New Buildings/Structures and Changes of Use ENV17 Design T1 Location, Layout and Accessibility of New Proposals ENV5 Nature Conservation ENV11 Proposals in Areas of Flood Risk ENV15 Air Quality CS1 Community Facilities and Services

Technical Advice Note 22: Sustainable Buildings (2010).

As the proposed site is located within settlement limits defined in the UDP, the principal of erecting a replacement church centre is generally acceptable, provided there are no highway, amenity or service objections. In addition, as it would provide a replacement for the existing community facility, it would comply with the requirements of Policy CS1.

In respect of BREEAM (Building Research Establishment Environmental Assessment Method), it should be noted that the footprint of the proposed building would fall below the 1,000m2 threshold in TAN 22. As such, the developer would not need to comply with the requirements of TAN 22.

Visual Amenity:

By virtue of the fact that the proposed development is carefully and sympathetically designed to integrate with the existing buildings in the area in terms of design and is single-storey in height, it is considered that the proposal would not have a detrimental impact upon the overall character and appearance of the surrounding area or street-scene. It is also noted that the proposal would replace the existing disused building. Nevertheless, as no specific details have been submitted in support of the application relating to the external materials, a condition will be imposed on the application requiring samples to be submitted for approval, to ensure the proposed materials are acceptable in terms of visual amenity. In addition, due to the height and visual prominence of the proposed 1.8m palisade fencing, a condition will be imposed on the application requiring full details to be submitted for approval, to ensure they are acceptable in visual terms.

PLANDEV-130312-REP-EN-GW Page 58 of 157 Residential Amenity:

In respect of potential overlooking issues, it is noted that windows and doors are proposed on all four elevations of the building. However, due to the fact that the proposed use is for non-habitable accommodation, there is an existing means of enclosure between Number 10 and the proposed building, and a separation distance of 21m between Numbers 11-19 Gerald Street, it is considered that the proposed development would not create any unacceptable overlooking issues.

With regards to potential overshadowing or overbearing issues, it is noted that there are windows on the side elevation of Number 10, which is the nearest residential dwelling. However, as the proposed building is single- storey reaching 6.5m high, and there is a separation distance of 9m between it and Number 10, and 21m between Numbers 11-19 Gerald Street respectively, it is considered that the overall development would not create any unacceptable overbearing or overshadowing issues, especially given that there is an existing hall on the site.

With regards to potential noise and disturbance, a condition restricting the opening hours from 9am to 9pm Monday to Saturday and 9am to 7pm Sundays and Bank Holidays will be imposed on the application, to ensure that there is no detrimental impact on the surrounding neighbouring properties.

Highway Safety (Access, Parking and Traffic flows):

Members should note that there is an existing D1 church hall on the application site without any off-street car parking provision. As such, car parking is only required for the additional increase of floor space of 219m2 over the existing building. Although this increase in floor area would require 19 new car parking spaces, the proposed scheme will provide 14 new off-street car parking spaces (including 2 disabled) accessed off Gerald Street. The Head of Engineering and Transport (Highways Section) has assessed the submitted scheme and offers no objection to the proposed development, subject to conditions. It is therefore considered that there would be no detrimental impact upon highway or pedestrian safety. It should also be noted that the developer would be required to sign a Section 106 legal agreement to provide a commuted sum of £3,000 towards a resident-only parking scheme in the vicinity, if it is required once the new hall is up and running.

It should also be noted that a number of alternative schemes have been

PLANDEV-130312-REP-EN-GW Page 59 of 157 submitted for consideration, such as providing access at the rear of the Church off Pendarvis Terrace with a 12 space car parking area between the proposed building and Church. However, a number of concerns were noted with these schemes, as they were incapable of accommodating suitable manoeuvring areas or vision splays.

Landscaping:

No specific details have been provided with regards to landscaping of the site. Nevertheless, a condition will be imposed on the application requiring a wildlife-friendly and/or native species landscaping scheme to be submitted prior to first use of the new building. This will ensure that the end use is acceptable in terms of visual amenity and biodiversity.

Ecology (including trees & Protected Species):

The applicant has submitted a bat survey in support of the application, which has been assessed by the biodiversity unit. The report notes that there is no evidence that the building is being used by bats, but the building is used by nesting birds. As the biodiversity unit offers no objection to the proposed development (including the demolition), subject to conditions, it is therefore considered that it would be acceptable in terms of ecology and protected species.

Flooding:

It should be noted that the site is located within a C1 and Zone 2 flood zone. The applicant has submitted a supporting statement in respect of flooding, which has been assessed by the Environment Agency. They note that the submitted information is based on their 2D hydraulic model which has recently been undertaken, and there is an existing flood alleviation scheme on the River Afan. The site is therefore shown to be outside of the 0.1% fluvial flood extent of the River Afan. With regards to potential flood risk from tidal inundation, the site is considered to be flood-free during the 0.5% and 0.1% events. However, with an appropriate sea level change due to climate change, part of the site would be at risk for the 0.5% tidal event. Nevertheless, in this particular instance, due to the limited depth of potential flood water and the nature of the site with existing buildings and solid boundaries, the EA consider that any effect on the local flood regime is likely to be minimal. Furthermore, as the proposed development is ‘less vulnerable’ and is a replacement of an existing building with no change in vulnerability, they offer no objection to the proposal, subject to conditions. These include

PLANDEV-130312-REP-EN-GW Page 60 of 157 the submission of a flood evacuation plan and flood mitigation measures and surface water drainage scheme. Provided the requested conditions are imposed on the application accordingly, it is therefore considered that the development would be acceptable in terms of flooding.

Pollution (air and ground):

As the site has not been identified as potentially contaminated land, the only potential impact relates to dust creation during demolition and/or construction works. However, as the application site is not located within the Air Quality Monitoring Area (AQMA) or the AQMA Action Plan Area, no significant impacts are anticipated as a result of the proposed works.

Others (including objections):

6 letters of objection were received, which are summarised as follows:

(1) Overlooking and Loss of Privacy.

At present the properties along Gerald Street are not overlooked at the front, as there is an existing boundary wall at the side of the church hall. The proposal is to remove the wall to provide car parking. This would have a negative impact on the street-scene, as the properties would be 15m away from overlooking the new car park and the people accessing the new building via the car parking would be able to see into the homes opposite removing the owners’ privacy. This would be contrary to Policy GC1 Section E, F and I. In addition, the published plans do not show the driveway or wall which separates Number 10 and Church land, and there are concerns regarding loss of privacy/overlooking.

(2) Design, Appearance and Materials.

The design of the car parking area will have a detrimental effect on the appearance of Gerald Street. What is now a quiet, attractive residential area will become little more than an extended access road for the Church and church hall, and is contrary to Policy GC1 Sections E and I.

(3) Adequacy of Parking.

Gerald Street is an inadequate access route for the proposed parking area for the new church hall. The current residents have experienced how the number of cars attending the hall can impact on the parking in the street

PLANDEV-130312-REP-EN-GW Page 61 of 157 with just one group at a time using the hall. With the proposed new plans allowing flexibility with a variety of rooms for the groups and functions planned, it is obvious that the church expects large numbers of attendees at the same time, which is going to impact on residents parking in the street and access to and from their homes. This is contrary to Policy GC1 Sections E, F and I.

(4) Traffic Generation and Overall Highway Safety.

Gerald Street is a dead end street that was not designed to take large amounts of traffic. At present, it is only accessed by the residents of the 15 houses, their families and friends who may be visiting, with occasional deliveries and taxis. It is therefore a quiet safe environment in which to live. During the times when the church hall was in use, the street was pushed beyond capacity with regard to parking and accessing homes safely, with hall users parking in the middle of the street blocking residents in. Some drivers were incapable of turning their cars around or reversing safely and this has resulted in damage to residents cars, and on occasion, arguments have taken place. This will all contribute to traffic congestion and safety in such a small street. It is obvious that the volume of traffic will increase from that previously experienced due to the new proposals. The hall will be a drop-in centre and focal point for the community which will be open from 9am to 9pm daily that could equate to at least 50 extra cars a day trying to access Gerald Street. There are also delivery lorries, vans and community buses to consider, none of which will be able to park in the allocated parking area due to size or be able to turn around in the street, which is another safety issue. There are no passing points or turning areas in this street, therefore it is one car in, one car out and a backlog will occur at busy times, with a knock-on effect into Lady Jane Street and Pendarvis Terrace. Any additional traffic will be an added inconvenience to residents, but more importantly a safety hazard especially to young children and the elderly, and will restrict access to emergency vehicles. This is contrary to Policy GC1 Section F and I.

(5) Noise and Disturbance.

The existing use operates as a church hall which has intermittent use during the course of a week. However under the new proposals, the centre will be open 12 hours per day and it is envisaged that a wide range of groups will use the facility. It has been admitted by representatives of St Paul’s Church that there will undeniably be noise and disturbance to the residents of Gerald Street if the proposed new church hall is granted

PLANDEV-130312-REP-EN-GW Page 62 of 157 planning permission. The extra traffic generated and the people attending the hall will create additional noise and disturbance in such a small quiet residential street. When you also consider delivery lorries and community buses this becomes unacceptable. The options to reduce the noise and disturbance, as proposed by the Church (i.e. staggered group times) will not be enough to alleviate the problems caused. Also, it is proposed that security lighting will be on during the hours of darkness, which could cause light disturbance to residents. The majority of these problems could be overcome by having a different access route to the car parking area, and retaining a boundary wall between Gerald Street and the new Church Hall. The proposal is therefore contrary to Policy GC1 Section B.

(6) The Effect on the Street.

The proposed plan will have a huge negative impact on the street. It is a quieter residential area since the closure of the church hall with less car vandalism and nuisance than experienced in the past due to the hall being a focal point for local youngsters looking to cause trouble. It will now become a busy thoroughfare, something it was not designed for. The increased vehicle and public use of the street will mean it is no longer a quiet attractive little community of neighbours who feel safe in their homes, but a very unpleasant environment. This is contrary to Policy GC1 Section P.

(7) Resident’s Parking.

Resident-only permit parking should be considered for residents of Gerald Street. One resident has Parkinson’s disease and cannot park directly outside their property. The Council has advised that there is a 2 year waiting list and they have tried to buy parking space, but the Council do not sell them. The proposed parking bays will also actually reduce the amount of parking space available for residents, as they will no longer be able to park both sides of the road. The parking bays will therefore be of benefit to the users but again with little or no consideration to the residents needs. Should the parking bays be filled, then visitors to the centre will park in the street and further inconvenience the residents who may well have to park several streets away from their own doors.

(8) Alternative Options.

It would appear that the easiest option is the one that has been put forward, whilst other options of ingress and egress do not appear to have been explored. With increased footfall in the street, there is concern that

PLANDEV-130312-REP-EN-GW Page 63 of 157 there is the potential to return to the noise, disturbance and vandalism that the residents were subjected to prior to the closure of the pedestrian access from Victoria Road (what was Beach Hill). Further consideration and consultation should be undertaken with a view to re-siting the access and parking away from Gerald Street before any planning permission is recommended on the current proposals.

In response to the above concerns, the following comments are made:

 Overlooking and loss of privacy. This has been previously addressed in the residential amenity section. Due to the non-habitable use and separation distances between the neighbouring properties, it is considered that the proposed development, including the car parking area, would not have an unacceptable impact upon the neighbouring residential properties in terms of overlooking, overbearing or overshadowing, especially given the existing lawful use of the site. It should also be noted that the existing boundary wall along Gerald Street could be removed without the requirement for planning permission.  Visual amenity, design, appearance and materials. As previously stated, the proposed scheme is considered to be of an acceptable size, scale and design appropriate to the residential character of the area, and is therefore considered acceptable in terms of visual amenity.  Adequacy of parking, traffic generation and highways safety. The issue of highways safety is a material planning consideration. However, it should be noted that the submitted scheme, including the proposed car parking area accessed off Gerald Street, has been fully assessed by the Highways Section. Although there may be an increase in traffic using Gerald Street as a result of the proposal, given the existing lawful use of the site which could re-open as a D1 use (such as crèches, art gallery, public hall or training centre) without the need for planning permission and without any off-street car parking provision, it is considered that the proposed development would not have a detrimental impact upon highway and pedestrian safety.  Noise and disturbance. Members are advised that there is an existing lawful D1 use on the site that could open without any opening hour restrictions. It should be noted that a condition restricting the opening hours will be imposed on this application, to ensure there is adequate control over the development, and therefore no detrimental impact upon the neighbouring residents. Furthermore, any potential noise issues (such as loud music) could be dealt with by the Environmental Health Section under their noise nuisance legislation. In respect of proposed external lighting, a condition will be imposed on the

PLANDEV-130312-REP-EN-GW Page 64 of 157 application requiring a scheme to be submitted for subsequent approval, to ensure there is no detrimental impact upon neighbouring properties.  Residents parking. In respect of the comments requesting the provision of residents-only parking bays along Gerald Street, following discussions with the Highways Section, it is noted that the existing situation along Gerald Street does not meet the tests required for the implementation of a resident-only parking scheme. However, once the new hall is fully operational, it is noted that there may be a requirement for resident-only parking. As such, a legal agreement is recommended to secure a commuted sum of £3,000 prior to first beneficial use of the new hall. The money shall be held by the Local Authority for a period of 5 years whilst survey work is undertaken on Gerald Street to determine whether any Traffic Regulation Orders (TRO) need to be imposed to deal with indiscriminate parking resulting from the use of the new development. Should the surveys identify the need for any TRO's within the vicinity, the money will be used to implement the required TRO. If the survey does not identify the need for a TRO, the money will be returned to the developer (less any survey costs). It is considered that this will provide an acceptable solution to the issue of resident-only parking.  Alterative options. As previously stated in the report, the applicant has submitted a number of draft alternative schemes with access off Victoria Road or Pendarvis Terrace. However, a number of issues were noted with these alternative schemes in terms of highways safety. Furthermore, they would have resulted in a reduction in the number of on-site car parking spaces. The submitted scheme was therefore considered the most appropriate option for the site.

In response to the comments from Neath Port Talbot Disability Network Action Group, it should be noted that ‘all inclusive’ access is a material planning consideration. The site is predominately flat in profile and the applicant has stated in their design and access statement that “any steps/kerbs will be dropped to provide level access. All doors will be sized to allow users with disabilities unrestricted access to all facilities” and will provide disabled parking on the site, it is considered that this would ensure the proposed development would be ‘all inclusive’. Nevertheless, a suitably worded informative note to advise the applicant of the Disability Network Action Group’s comments will be imposed on the application accordingly.

PLANDEV-130312-REP-EN-GW Page 65 of 157 Conclusion:

The proposed development would not have a detrimental impact upon residential amenity or upon the character and appearance of the surrounding area or street-scene, and there would be no adverse impact upon highway and pedestrian safety. Hence, the proposed development would be in accordance with Policies GC1, ENV17, T1, ENV5, ENV11, ENV15, ENV16 and CS1 of the Neath Port Talbot Unitary Development Plan. Approval is therefore recommended.

Recommendation:

Approval with conditions upon the signing of a legal agreement to secure £3,000 for the implementation of appropriate Traffic Regulation Orders (TRO’s) should a survey identify their need.

CONDITIONS;

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

Reason

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

(2) Unless otherwise agreed in writing, the use hereby permitted shall not be open to customers outside the following times:

9am-9pm Monday to Saturday;

9am-7pm Sundays and Bank Holidays.

Reason

In the interest of the amenities of the area.

(3) Unless otherwise agreed in writing, no development shall take place until samples of the materials to be used in the construction of the external surfaces of the development 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.

PLANDEV-130312-REP-EN-GW Page 66 of 157 Reason

In the interest of the visual amenity of the area.

(4) Unless otherwise agreed in writing, the roof of the existing building shall be removed partially by hand and under the supervision of a licensed bat ecologist as recommended in the submitted bat report by Celtic Ecology and received on 19th Jan 2012.

Reason

In the interest of protected species.

(5) If any bats are discovered during construction works, the work should stop immediately and the applicant should contact The Countryside Council for Wales immediately, as a licence may be required to continue, as bats are a European protected species and afforded protection under the Conservation of Habitats and Species Regulations 2010 and by the Wildlife and Countryside Act 1981 (as amended).

Reason

In the interest of protected species.

(6) Unless otherwise agreed in writing, prior to first beneficial use of the building hereby permitted, an artificial nesting site for birds shall be erected to one of the following specifications, and retained as such thereafter;

Nest Box Specifications for House Sparrow Terrace:

Wooden (or woodcrete) nest box with 3 sub-divisions to support 3 nesting pairs. To be placed under the eaves of buildings.

Entrance holes: 32mm diameter

Dimensions: H310 x W370 x D185mm or

Swift Nest Box Specification:

Wide box with small slit shaped entrance hole. Must be placed under or close to roofs, at least 5m from the ground.

Dimensions: H150 x W340 x D150mm

PLANDEV-130312-REP-EN-GW Page 67 of 157 Reason

In the interest of biodiversity.

(7) Unless otherwise agreed in writing, prior to the first beneficial use of the building hereby permitted, a scheme for landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, taking into account potential growth, together with measures for their protection in the course of development and using native and/or wildlife friendly species shall be submitted to and agreed in writing with the Local Planning Authority. The approved scheme shall be carried out in the first planting season after completion of the development or its occupation, whichever is the sooner and any trees or plants which within a period of five years are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and the same species, unless the Local Planning Authority gives written consent to any variation.

Reason

In the interest of visual amenity and to accord with Section 197 of the Town and Country Planning Act, 1990.

(8) Unless otherwise in writing, prior to works commencing on site a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing drainage proposals to prevent surface water from the parking bays discharging onto the public highway. The scheme shall also include the surfacing of the approved bays in bound material. The approved scheme shall be implemented on site prior to first beneficial use of the associated building, and retained as such thereafter.

Reason

In the interest of highway and pedestrian safety.

(9) Notwithstanding the submitted details and unless otherwise agreed in writing, prior to works commencing on site a scheme shall be submitted to and approved in writing by the Local Planning Authority detailing a dropped pedestrian vehicular crossing for the parking scheme detailed on Plan Reg 11.022/2502 dated 19th January 2012. The approved scheme shall be implemented on site prior to first beneficial use of the associated building, and retained as such thereafter.

PLANDEV-130312-REP-EN-GW Page 68 of 157 Reason

In the interest of highway and pedestrian safety.

(10) Unless otherwise agreed in writing, prior to the first beneficial use of the building hereby approved, an emergency evacuation plan and flood mitigation scheme shall be submitted to and approved in writing by the Local Planning Authority. The submitted scheme shall detail appropriate flood warning signs being erected within the premises and car parking areas to advise future users of the flood risk and the emergency evacuation procedures in the event of a flood, and as detailed in Appendix 1, Section C, paragraph A1.12 and Appendix 6 of Technical Advice Note 15. It shall also include flood proofing/resilience being incorporated within the design of the new building. The approved scheme shall be implemented on site prior to first beneficial use of the associated building, and retained as such thereafter.

Reason

In the interest of flood mitigation as the site is located within an identified flood zone.

(11) Unless otherwise agreed in writing, prior to first beneficial use of the property, it shall be registered with floodline on 0845 988118.

Reason

In the interest of the occupiers of the property, as the site is located within a flood risk area.

(12) Unless otherwise agreed in writing, foul water from the development hereby approved shall be discharged into the main public sewer, and surface water shall be discharged into a Sustainable Drainage System.

Reason

In the interest of satisfactory drainage of the site.

(13) Unless otherwise agreed in writing, no surface water and land drainage run-off shall be allowed to connect/discharge (either directly or indirectly) to the public sewerage system.

Reason

To prevent hydraulic overload of the public sewerage system and pollution of the environment.

PLANDEV-130312-REP-EN-GW Page 69 of 157 (14) Unless otherwise agreed in writing, no development shall be commenced until a scheme for the provision of surface water drainage works has been submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include ground percolation tests for BRE365 should soakaways be utilised for the disposal of surface water. The approved scheme shall be implemented on site prior to the construction of any impermeable surfaces draining to this system, unless otherwise agreed in writing by the Local Planning Authority.

Reason

To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal and in the interests of preventing pollution of controlled waters.

(15) Unless otherwise agreed in writing, prior to first beneficial use of the development hereby permitted, a scheme for all external lighting of the site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented on site prior to first beneficial use, and retained as such thereafter.

Reason

In the interest of visual and residential amenity.

(16) Notwithstanding the submitted details, prior to the first beneficial use of the development hereby permitted, a scheme shall be submitted to and approved in writing detailing the exact colour and design of the proposed means of enclosures to all property boundaries including any to be retained. The approved scheme shall be implemented on site prior to first beneficial use, and retained as such thereafter.

Reason

In the interest of visual and residential amenity.

REASON FOR GRANTING PLANNING PERMISSION

The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise. It is considered that the proposed development would not have a detrimental impact upon residential amenity or upon the character and

PLANDEV-130312-REP-EN-GW Page 70 of 157 appearance of the surrounding area or street-scene, and there would be no adverse impact upon highway and pedestrian safety. Hence, the proposed development would be in accordance with Policies GC1, ENV17, T1, ENV5, ENV11, ENV15, ENV16 and CS1 of the Neath Port Talbot Unitary Development Plan.

PLANDEV-130312-REP-EN-GW Page 71 of 157

2. APPLICATIONS DEFERRED TO PLANNING (SITE VISITS) SUB COMMITTEE (nb to be read in conjunction with the minutes of the Sub Committee Meeting)

ITEM 2.1

APPLICATION NO: P/2011/758 DATE: 11/11/2011

PROPOSAL: Residential development comprising 57 dwellings and associated works. (retaining wall details 9/2/12)

LOCATION: Land at, EDWARD STREET, ALLTWEN PONTARDAWE, SWANSEA NEATH PORT TALBOTSA8 3DD APPLICANT: Mr Peredur Jones TYPE: Full Plans WARD: Alltwen

BACKGROUND INFORMATION

Planning History:

L1972/8605 - Residential Development – Approved 12/12/72

L1974/0043 – Change of house types on Plot numbers 1 to 20, 58 to 59, 107 to 110 – Withdrawn

L1975/0357 – Change of dwelling types Plots 1 to 15, 19, 58-74 and 96- 124 and extension of site Plots 6-16 – Approved 27/1/76

P2008/1505 – Certificate of lawfulness for the erection of proposed dwellings on Plots 33 and 98 granted under planning permission 1972/8065 – Certificate issued 23/1/09

P2008/1508 – Certificate of lawfulness for the erection of proposed dwellings on Plots 12 & 100 granted under planning permission 1975/0357 -Certificate issued 23/1/09

Publicity and Responses (if applicable):

34 neighbouring properties were consulted. The application was also

PLANDEV-130312-REP-EN-GW Page 72 of 157 advertised on site and in the press as a departure. 8 letters have been received and the comments are as follows:

- The entry point onto Lon Hir can not cope with the amount of traffic it has at the moment and the increase in traffic will affect the community; - Currently vehicle drivers access and exit Brynmorgrug at a very fast speed, both entering and departing the estate. The layout of the road and the increased volume of traffic produced by the proposed development could potentially turn this stretch of the road into an accident blackspot and dangerous; - The junction at the end of Lon Hir is always very busy especially at the beginning and end of the school day; - Craig Road would also see large volumes of traffic as new residents of the proposed development would need to travel to surrounding areas for school and work. This would have a significant impact on Craig Road which is already an extremely busy and dangerous highway. Although speed restrictions are in place these are rarely adhered to by drivers with dangerous overtaking. The development would increase both danger and pollution; - There are large numbers of properties for sale in the area that have been on the market for some considerable time and remain unsold, particularly Brynmorgrug where there are properties for sale of a similar type; - The proposed dwellings are out of character with the stone properties in the area; - The proposal would encroach into green space and provides habitat for a vast variety of habitat; - There is an issue with the WDA industrial estate and waste management site at Lon Hir which is rumoured to be sold for future development. This would further impact on the area. - The proposal would have an impact on local services such as schools and health care provision; - A public meeting needs to be arranged to ascertain the level of objection to this proposal; - Part of the land adjacent to the site is not owned by Redrow; - Due to the presence of horses in the adjacent field it is requested that the type of fencing proposed along the boundary is a minimum of 1.8 metres in height to prevent occupiers of the dwellings feeding garden clippings and plants which can be toxic to horses; - The stone wall which borders our land is very old and should be preserved;

PLANDEV-130312-REP-EN-GW Page 73 of 157 - The new development is very close to an existing stable block. On and around bonfire night people tend to let fireworks off which frightens the horses. Request a restriction is placed on these houses that fireworks can not be used at these addresses; - Noise pollution; - There is no demand for new housing; - This development should have not of been approved in the Development Plan - Detrimental impact on the safety of children using the play area adjacent to the site

In addition one letter has been received from Gwenda Thomas AM which raises the following concerns:

- In order to access the main road occupants of the proposed houses would have to travel along the full length of Lon Hir or join the road at the junction with Edward Street. Given the relatively substantial size of the proposed development Lon Hir residents who have contacted the office are worried that the increased volume of traffic would cause significant congestion. This could particularly be a problem around rush hour at the junction of Edward Street and Lon Hir and at the access point to the busy roundabout at the junction with the A474. - Whilst I understand as the proposed development is below a hundred houses it has not triggered a traffic assessment, I note that Policy T1 of the UDP reads “A proposal will only permitted if it would not create or unacceptably worsen highway safety or congestion on the highway network.”

Cilybebyll Community Council: No objection but expresses the following concerns: - Access into the site is inadequate with a series of confined turns required and for this reason the Council would request consideration of a mini roundabout at the junction with Edward Street even if this involves the acquisition of land from a third party; - Foul sewer problems have occurred on this site in the past, and an upgrade of the DCWW sewer should be required and be completed before completion and occupation of the dwellings; - Brynmorgrug is subjected to significant flows of surface water emanating from rock crops and adequate provision needs to be made to cope with this problem.

PLANDEV-130312-REP-EN-GW Page 74 of 157 Head of Engineering & Transport (Drainage): No objection, subject to the imposition of conditions

Environment Agency: No objection, subject to the imposition of conditions.

Biodiversity Unit: No objection, subject to the imposition of conditions

Head of Engineering & Transport (Highways): No Objection, subject to conditions.

Welsh Water: No Objection, subject to conditions.

Head of Policy & Administration (Land Contamination): No Objection, subject to conditions.

Head of Street-care Services (Parks): advises that a contribution of £24,462 should be sought for enhancing play facilities in the Cilybebyll Ward in particular the play area adjacent to the development and owned by Cilybebyll Community Council.

Head of Property & Regeneration (Estates): Considers the site would not support affordable housing in the current economic climate.

Pollution Control (Noise): No objection, subject to the imposition of conditions.

Crime Prevention Design Advisor: Comments provided with regard to crime reduction and prevention.

Neath Port Talbot Disability Network Action Group: Illustrate some details that they would like to have been incorporated into the design of footway crossovers. Advises that they are unable to comment further as documents were not available on the website.

Description of Site and its Surroundings:

The application site is located on land off Brynmorgrug, Alltwen.

The site measures 2.6 hectares in area and comprises an irregular-shaped parcel of land. The northern boundary of the site is formed by mature trees and hedgerows beyond which is a mixture of agricultural, scrub and wooded areas. To the south is the established estate of Brynmorgrug

PLANDEV-130312-REP-EN-GW Page 75 of 157 which this site originally formed part of. Along this boundary and at the junction of Brynmorgrug and Edward Street stands a childrens play area. To the east the land is steeply sloping and forms a highway embankment to the A474. To the west and at a lower level to the application site is a small industrial estate which comprises 8 units many of which are currently unoccupied and a scrap yard.

The application site has an existing planning permission for residential development (L1972/8065 and L1975/0357). As the planning history above shows, subsequent certificates of lawfulness (P2008/0505 and P2008/1508) have been issued on this site acknowledging that extant planning permission exists for residential development comprising 60 dwellings.

Brief description of proposal:

This application seeks full planning permission for a residential development comprising 57 dwellings with associated highway and drainage works on land at Brynmorgrug, Alltwen.

Members should be aware that this is effectively an amended layout to that previously approved under planning permission 72/8605. This new application relates to a re-plan for a mixture of detached and semi detached residential units.

The layout indicates that the development would be served off Edward Street and Brynmorgrug forming a loop arrangement which splits into one cul de sac in the north west corner of the site. Each dwelling will provide off street car parking on driveways and/or garages.

The dwellings are two-storey in design with a mix of 5 different house- types.

These are detailed as follows:

(a) Windsor (16 number). This is a four bedroom two-storey dwelling comprising a lounge, W/C, kitchen/diner and integral garage at ground-floor together with four bedrooms (one en-suite) and a bathroom at first-floor level.

(b) Shrewsbury (13 number). This is a four bedroom two-storey detached dwelling comprising a lounge, kitchen/diner, utility room, W/C and integral garage at ground-floor level, together with four

PLANDEV-130312-REP-EN-GW Page 76 of 157 bedrooms (one en-suite) and a bathroom at first-floor level.

(c) Stratford (6 number). This is a four bedroom two-storey detached dwelling and single garage. The dwelling comprises a lounge, kitchen/diner and W/C at ground-floor together with four bedrooms (one en-suite) and a bathroom at first-floor level.

(d) Warwick (8 number). This is a three bedroom two-storey detached dwelling and single garage. The dwelling comprises a lounge, kitchen/diner, kitchen, utility and W/C at ground-floor together with three bedrooms (one en-suite) and a bathroom at first-floor level.

(e) Letchworth (14 number). This is a three bedroom two-storey semi detached dwelling and single garage. The dwelling comprises a lounge, kitchen/diner, W/C at ground-floor together with three bedrooms (one en-suite) and a bathroom at first-floor level.

In terms of the external finishing materials, the applicant proposes to use a mixture of roughcast render (white and ivory)and facing brick Ibstock Marlborough Stock, Ibstock Weston Red and Ibstock Leicester Red while all roof tiles will be either Forticrete Gemini tile (colour mixed russet) or Forticrete Gemini tile (colour slate grey)

A number of the properties have detached garages with a pitched roof design and finished in materials to match the dwellings. Sufficient curtilage parking will also be provided to serve the properties.

Within the site, it is proposed to erect a combination of 1.8 metre high close boarded fencing along the rear boundaries and between the individual gardens of the proposed dwellings. Where side boundaries front onto highways or shared driveways, it is proposed to erect a 1.8 metre high brick wall finished in the same materials as the dwellings.The front gardens within the site are to remain open plan. However, it is acknowledged that future occupiers may wish to enclose their front garden which has often been the case on other residential developments. This has led to the indiscriminate erection of a variety of means of enclosure which has caused considerable issues in relation to visual amenity and enforcement of planning control. As such it is considered that a suitably worded condition is imposed to require the approval of front means of enclosure which will provide future residents the ability to enclose their front gardens to an approved scheme which will ensure that there will detrimental affect on visual amenity.

PLANDEV-130312-REP-EN-GW Page 77 of 157

In addition, the scheme also proposes the provision of five car parking bays at the entrance of the estate opposite the junction with Brynmorgrug.

Material Considerations:

The main issues to be considered in the determination of the proposed development are the principle of the proposed development in this location; as well as the impact upon the character and appearance of the surrounding area; the residential amenity of the occupiers of the adjacent properties; the highway and pedestrian safety of the existing road network; the effect upon biodiversity quality of the application site, drainage within the immediate area and the impact upon contaminated land together with other issues raised by consultees.

Policy Context: a. Other Policies

Planning Policy Wales (2011) The main thrust of Planning Policy Wales is to promote sustainable development by ensuring the planning system can provide for an adequate and continuous supply of land, available and suitable for development to meet the needs of society that is consistent with the overall sustainability principles.

In particular it seeks to promote resource efficient settlement patterns that minimise land take and urban sprawl, locate developments so as to minimise the demand for travel, ensure that all communities have good quality housing for their needs, promote access to shopping, education, employment, health, community, leisure and sports facilities and open space.

Paragraph 9.3.1 states: “New housing developments should be well integrated with and connected to the existing patterns of settlements.

In determining applications for new housing, local planning authorities should ensure that the proposed development does not damage an area’s character and amenity. Increases in density help to conserve land resources, and good design can overcome adverse effects, but where high densities are proposed the amenity of the scheme and surrounding property should be carefully considered. High quality of design and landscaping standards are particularly important to enable high density

PLANDEV-130312-REP-EN-GW Page 78 of 157 developments to fit into existing residential areas. “

Technical Advise Note 5 : Nature Conservation and Planning

Technical Advice Note 12 : Design

Technical Advice Note 18 :Transport b. Local Policies

Neath Port Talbot Deposit Development Plan

Policy 5- Enhancement and protection of the built environment. Policy 13- Sustainable transport. Policy 14- Resist unacceptable impacts upon traffic and Highways GC1- New buildings/structures and change of use. H2 Housing Density H4- Affordable housing. T1- Location, layout and acceptability of new proposals. T10- Parking. ENV1 Development in the countryside ENV5 Nature Conservation ENV16 Contaminated Land ENV17 Design ENV29 Environmental Quality R03 Provision of open space to serve new residential development

Supplementary Planning Guidance Affordable Housing (Revised April 2010)

Developer Contributions (July 2008)

Open Space ( July 2008)

In respect of the planning policy relevant to this particular development, the site is located outside of the H3 settlement limits. Notwithstanding this, it should be noted that the principle of a residential development on this site has already been established following the grant of full planning permission in1972. As this is an extant consent, it is considered that this proposal is essentially for a for a re-plan of the site.

PLANDEV-130312-REP-EN-GW Page 79 of 157 With regards to the UDP specifically, Policy H2 refers to housing density within the UDP. This states that:

“Proposals will generally be expected to achieve a density of 30 dwellings per hectare, and higher where the proposal is sited at or immediately adjacent to locations with good public transport accessibility such as town, district, village and local centres or in public transport corridors. In the interests of sustainability and to avoid the unnecessary loss of land to development, the Authority aims to ensure that the land taken by development is minimised (while recognising that the range of sites will need to provide a mix of housing types and sizes). Generally, the Authority will expect residential development proposals whether on previously developed land or green field sites to achieve a density of 30 dwellings per hectare (having excluded major distributor roads, schools, open spaces serving a wider area and significant landscape corridors, but including access roads within the site, private garden space, car parking areas, incidental open space, landscaping and children’s play areas). Higher density development will be expected within and adjacent to areas which are well located in terms of good public transport accessibility and existing centres and this should be reflected with regard to on site parking provision.”

In this particular case, the site provides 57 dwellings on an area of 2.5 hectares, however, approximately 0.5 hectares of land included within the application site and situated between the existing properties in Brynmorgrug and Craig Road is steeply sloping and heavily wooded and does not easily lend itself to development. The exclusion of this area means that the density equates to 28.5 dwellings per hectare. Whilst a density of 30 dwellings per hectare is a minimum specified in the UDP it is considered that the proposed layout will result in the development of a site, the density and design of which is in accord with the broad thrust of the criteria within Policy H2 in addition to national guidance, and is also consistent with the density of development within the surrounding area.

EIA and AA Screening:

The application site exceeds the Schedule 2 threshold for development of this type as outlined within the Environmental Impact Assessment Regulations. As such the application has been screened in accordance with the requirements of Schedule 3 of the Regulations. The findings of the screening report were that the scale and nature of the potential impacts associated with the development both alone and in combination with other developments within the area would not be of a type that

PLANDEV-130312-REP-EN-GW Page 80 of 157 would require the carrying out of an Environmental Impact Assessment or the subsequent submission of an Environmental Statement in support of the application.

The proposed development is not located within a zone of influence for any SAC, CSAC or Ramsar sites and as such it is considered that an Appropriate Assessment as set down within the Conservation of Habitats and Species Regulations 2010 is not required.

Visual Amenity:

The site is undeveloped and overgrown, the creation of a housing development upon it will significantly alter its character. However, the principle of developing this site for residential purposes has previously been agreed following the grant of full planning permission in 1972. Whilst the proposal will result in the introduction of new house-types, they will retain a similar scale and height as those previously approved. In addition, whilst the previously approved scheme included semi- detached properties, the new scheme is a mixture of semi detached and detached two storey properties, it is considered that as the surrounding area is characterised by a mix of house-types the proposal would not result in an incongruous form of development.

In addition to the above, the use of a mixture of finishing materials which complement those which currently exist in the locality will further improve the overall appearance of the site and thus ensure that it is in keeping with the character and appearance of the existing dwellings in Brymorgrug which adjoin the site and the traditional houses within the surrounding area.

The north eastern section of the site will retain a wooded belt together with an area which is proposed to be ecologically managed and an area of landscaping is proposed at the entrance to the site off Edward Street which will assist in softening the appearance of the development

For the above reasons it is considered that the proposed layout and use of materials will improve the layout and final appearance of the development site and will ensure that is in accordance with the character and appearance of the surrounding area.

Residential Amenity:

Turning to residential amenity, the layout of the proposed dwellings

PLANDEV-130312-REP-EN-GW Page 81 of 157 ensures a satisfactory level of privacy and private amenity space for future occupiers with a minimum distance of 10 metres being provided between proposed side and front elevations. Having regard to overbearance and overlooking, the proposed plans indicate a separation distance of a minimum of 20 metres and a maximum of 25 metres between the rear elevations of the proposed dwellings on Plots 5 -14 and existing dwellings in Brynmorgrug which are situated adjacent to the southern boundary. Whilst it is acknowledged that this distance falls short of the desired separation distance of 21 metres between existing and proposed habitable room windows it is considered that this separation distance, the finished levels, together with the proposed boundary treatment will ensure that the proposal will not unacceptably overlook or overbear neighbouring properties. As a result the amenities of both existing and future residents will be safeguarded.

In terms of the northern boundary of the site, the side elevation of the proposed dwelling sited on plot 48 is located a distance of between 15 metres from the nearest property known as Crud yr Awel. However, this property has no first floor windows on the side elevation and therefore will not result in unacceptable overlooking. Due to the separation distance it is considered sufficient to ensure that it will not unacceptably overbear or overshadow the residents within this property, hence their amenities will be safeguarded.

A number of the proposed dwellings have windows at first floor level on the side elevations. However, as these windows do not serve habitable rooms the privacy of both existing residents adjoining the site and proposed residents within the site will not be compromised. Furthermore, a suitably worded condition can be imposed on the consent requiring planning permission for any additional windows to be installed once the dwellings have been constructed which will ensure privacy is maintained.

Access to the site lies off both Brynmorgrug and Edward Street and it is accepted that there will be additional traffic generated from the development as a result. In addition, it is also accepted that during construction there will be a level of noise and disturbance created, albeit transient in nature. However, it is not considered that the location of these accesses or the traffic generated from the development once completed would have a significant impact which would warrant refusal in this case, taking into account the extant planning permission which exists on this site.

PLANDEV-130312-REP-EN-GW Page 82 of 157 Highway Safety (Access, Parking and Traffic flows): The Head of Engineering and Transport (Highways Section) has considered the impact of the development on the existing highway network and traffic generation together with the acceptability of the proposed layout of the development and offers no objection to the proposal, subject to the imposition of conditions.

It is therefore considered that the proposed development would be acceptable in terms of highway and pedestrian safety.

Landscaping: With regards to landscaping there are a number of existing trees within the site that need to be felled in order to accommodate the proposed development. Of particular importance due to their visual amenity value is the bank of trees along the eastern boundary, these are proposed to be retained. However, it should be noted that replacement planting across the site both within the plots and in the street scene will assist in mitigating loss of trees required to facilitate development.

A planting schedule has been submitted together with a layout plan indicating the siting of proposed landscaping. The scheme has been assessed by the Biodiversity Officer who has confirmed its acceptability in terms of the type of species proposed, it also demonstrates that the siting and type of planting proposed will soften the appearance of individual street scenes, adding depth and character to the overall site. However, the Head of Highways and Engineering (Highways) has raised a concern that the location of some of the proposed tree planting may impact on the integrity of the drainage system and proposed footways. Therefore, in order to ensure that a planting scheme fully addresses these concerns it is suggested that a suitably worded condition is imposed on the consent requiring the submission of a revised scheme.

Contaminated Land: The Councils records show that the application site is located within an area of potential ground contamination. As a consequence the applicants submitted a Geotech Report in support of the application. The Council’s Contaminated Land Officer considered the findings of the report and stated that it highlighted elevated Arsenic levels for residential use and requested the submission of a suitable remediation scheme which will break pollutant leakages between the contamination in the topsoil/ made ground and the site end users. A supplementary report has been provided by the applicant, and the Land Contamination Officer has agreed with the assessment and report conclusions regarding the level of arsenic and the

PLANDEV-130312-REP-EN-GW Page 83 of 157 testing carried out. As such it is recommended that a set of conditions is imposed requiring the submission of a remediation scheme, together with a verification scheme to demonstrate the effectiveness of the remediation works and to deal with unexpected contamination on the site. Therefore, it is considered that subject to these conditions the proposed development would address issues associated with ground contamination.

Biodiversity: An ecological assessment and a reptile method statement have been submitted with the application.

The Assessment includes an extended Phase 1 Habitat Survey which identifies that the habitats which are present on the site include re- colonising ground bracken, rush pasture and a wooded belt in the main, with some trees and scattered scrub together with areas of standing scrub and standing water. Ecological Surveys showed that there was no badger activity recorded on site. The site was seen to be used by both common and widespread bat species and recommendations are made to increase the roosting opportunities and connectivity to ensure suitable off-site foraging habitats in the local area are maintained. No amphibians were recorded.

Although a reptile survey was undertaken and indicated that no species were recorded, the Biodiversity Officer considered that the survey was not robust enough to rule out the presence of reptiles on the site. As a consequence, the applicant has submitted a Reptile Method Statement which has identified a large spoil mound in the south west of the application site which may provide hibernation opportunities for common reptile species. The statement includes a method for site clearance works, a capture and release programme together with an on-site receptor site. The Biodiversity Officer has considered this statement and has confirmed it is acceptable.

The development is not considered to pose a significant threat or adverse impact on the local ecology of the area subject to conditions and therefore accords with the requirements of Policy ENV5 and the advise contained within TAN 5

Flood Risk and Drainage:

There are no issues of flooding.

The applicant has submitted a drainage strategy to accompany the

PLANDEV-130312-REP-EN-GW Page 84 of 157 application which has been assessed by the Environment Agency and The Head of Engineering and Transport (Drainage) who have raised no objection to the proposed development subject to the imposition of conditions.

Welsh Water identified that there was a trunk / distribution water main that was crossing through the site. As they have the right to access this apparatus at all times, they suggest that the developer give consideration to the diversion of the water main. The applicant has confirmed that they would be willing to do this. Welsh Water also identified that there are public sewers crossing part of the site. The application includes details of the diverted lengths of sewer and their associated easements.

As such, subject to the imposition of suitably worded conditions, it is considered that the proposed development would have no detrimental impact upon flood risk or the drainage facilities within the immediate area.

Secure by Design:

The Crime Prevention Advisor is generally in agreement with the proposed layout with all car parking being overlooked. Whilst it is not possible to incorporate all the recommendations of the Advisor, it is considered that the scheme is generally acceptable in terms of the principles of Secure by Design.

Affordable Housing:

With regards to the issue of affordable housing specifically, the developer would normally be required to provide a 20% housing provision, unless it can be demonstrated that it would render the site economically unviable. The developer has provided a viability assessment in order to identify development costs, income and profit. This information has been verified by the Authority’s Estates Officer, who has confirmed that due to the current market value of the site and the economic climate, the development could not sustain the provision of affordable housing. As the financial evidence provided by the applicant has demonstrated that the requirements of this Policy cannot be met, this particular application will not be required to provide affordable units on site. Nevertheless, the developers will be required to sign a Section 106 Legal Agreement stating that if after one year, only a proportion of the approved dwellings have been constructed, the developer will be required to submit a new viability assessment and every 12 months thereafter until the whole site

PLANDEV-130312-REP-EN-GW Page 85 of 157 has been completed. This is to ensure that if the market changes during the course of the development, and the site becomes economically viable to provide affordable housing, there is a mechanism in which a financial contribution or on-site provision of affordable housing can be sought.

Others (including objections): Issues raised with regards to increased traffic generation, congestion, highway and pedestrian safety, visibility and use of Lon Hir has been considered by The Head of Engineering (Highways Section). It has been concluded that the proposed development would not, subject to conditions have a significant impact upon highway and pedestrian safety. With regard to the concerns over increases in traffic, it is accepted that the development would increase traffic, however, it is not considered that this raises any significant issues on the highway network which is capable of accommodating the additional vehicles associated with the development.

Demand for this type of development is dictated by the housing market.

The issue of impact on the character and appearance of the area has been addressed earlier in this report.

Disruption to wildlife and trees is inevitable, however as stated earlier in this report this is not to an extent that would be unacceptable subject to the required mitigation and tree re-planting being undertaken.

No planning applications have been received in respect of the industrial estate and waste management site which stand adjacent to the site. Therefore, this application can only be considered in relation to existing land uses.

A request for a public meeting which was held in January 2012 and organised by the local ward member has been fulfilled.

With regard to land ownership, the applicant has been requested to confirm whether the correct certificate of ownership which accompanies the planning application had been completed. As a consequence, the boundaries of the application site were amended from that originally submitted to only include land in their ownership. Ultimately it is the responsibility of the applicant to ensure the correct certificate of ownership has been completed. Nevertheless land ownership is not a material planning consideration.

PLANDEV-130312-REP-EN-GW Page 86 of 157 As stated earlier in this report, 1.8 metre high fences are proposed along the rear boundary of each property.

The restriction on the use of fireworks by future occupiers of the dwellings is not a material planning consideration in the determination of this application but would be a legal matter for the applicant to consider through the use of restrictive covenants.

The issue of noise has been addressed earlier in the report. In terms of development plan policy the site falls outside the existing settlement boundaries as defined in the adopted UDP. The site has not been put forward as a candidate site for the LDP. Nevertheless it must be acknowledged that the principle of residential development on this site has been approved as it benefits from extant planning permission.

With regard to the comments raised by the Neath Port Talbot Disability Network Group, the provision of an appropriately designed footpath crossover can be secured through the imposition of a condition. Details of the application are available on the Council’s website and the Group has been informed of this. No further comments have been received.

With regards to the comments raised by Gwenda Thomas AM it is considered that these have been satisfactorily addressed above.

With regards to the comments raised by Cilybebyll Community Council the issue of the adequacy of the existing highway network has been assessed by The Head of Engineering and Transport (Highways) who has concluded that the provision of a new mini roundabout is not required. However, he has suggested that in order to assist the flow of traffic in the surrounding area a No Entry Except for Access Order should be implemented at the junction of Edward Street which can be secured by condition. The applicant has submitted a proposed drainage strategy which outlines how both foul and surface water will be dealt with, this has been assessed by The Environment Agency Wales, Welsh Water and The Head of Engineering and Transport (Drainage) all of which raise no objection to the proposal subject to the imposition of conditions.

Conclusion:

Whilst the application site falls outside the defined settlement limits identified within the UDP, the extant planning permission which exists on this site is a material consideration in the determination of this application. As a consequence the principle of residential development is

PLANDEV-130312-REP-EN-GW Page 87 of 157 established therefore this application is considered to be a re-plan of a previous permission. Therefore, the proposed development provides a sustainable, accessible and visually acceptable form of development which will not significantly impact upon the amenities of residents in adjoining properties, nor upon the character and visual amenity of the area as a whole. Furthermore, the development would not have a significant impact upon highway and pedestrian safety, nor upon existing services including foul and surface water discharges or ecological issues. Hence the proposed development would be in accordance with Policies GC1, ENV16, ENV17, T1, T10, H2, H4, ENV5, ENV29 and R03 of the Neath Port Talbot Unitary Development Plan. Approval is therefore recommended.

Recommendation:

Approval, subject to the signing of a Section 106 agreement with the following heads of terms:

1. A financial contribution of £24,462 towards enhancement and/or provision of leisure facilities in the Cilybebyll Ward.

2. Following the grant of planning permission, if after one year only a portion of the approved dwellings have been constructed on site, the developer will be required to submit a new viability assessment for the undeveloped remainder of the site. If the new viability assessment shows that the remainder of the site is still considered to be economically non-viable, then the developer will be required to submit a new viability assessment every 12 months until construction has been completed on the whole of the site. If a new viability assessment is required for either the whole or part of the site, the assessment must be approved in writing by the Local Planning Authority before occupation can take place of any development not completed before the viability assessment requirement date. If an assessment demonstrates that the site is economically viable and provides a profit level that the Local Planning Authority considers to be in excess of what is reasonable profit, then 20% (or a percentage agreed between the Local Planning Authority and the developer) of the assessed dwellings will be provided as affordable housing on site or an equivalent financial contribution will be paid to the Local Planning Authority for the provision of off site affordable housing in accordance with the requirements of the Supplementary Planning Guidance document entitled Affordable Housing and in accordance with an

PLANDEV-130312-REP-EN-GW Page 88 of 157 agreed programme of works.

CONDITIONS;

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

Reason

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

(2) Each dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve 6 credits under category Ene1 if the site was registered with a Code Assessor prior to 11th December 2010 in accordance with the requirements of Code for Sustainable Homes: Technical Guide April 2009, or Level 3 and 1 credit under category Ene1 of the code if the site was registered on or after 11th December 2010 in accordance with the requirements of Code for Sustainable Homes: Technical Guidance November 2010.

Reason

In the interests of Sustainability.

(3) No development of any dwelling hereby approved shall commence until details of a Code for Sustainable Homes ‘Design Stage’ assessment and related certification certifying that Code Level 3 and 6 Credits under Ene1are achieved if the site was registered with a Code Assessor prior to 11th December 2010 in accordance with the requirements of Code for Sustainable Homes: Technical Guide April 2009, or Level 3 and 1 credit under category Ene1 of the code if the site was registered on or after 11th December 2010 in accordance with the requirements of Code for Sustainable Homes: Technical Guidance November 2010 have been achieved have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out entirely in accordance with the approved assessment and certification unless otherwise agreed in writing by the Local Planning Authority.

Reason

In the interests of Sustainability.

PLANDEV-130312-REP-EN-GW Page 89 of 157 (4) No dwelling hereby approved shall be occupied until a Code for Sustainable Homes ‘Post Construction Stage’ assessment has been carried out in relation to it, and a Final Code Certificate has been issued for it certifying that Code Level 3 and 6 Credits under Ene1 have been achieved under Technical Guide April 2009, if the site was registered with a code assessor prior to 11th December 2010, or Level 3 plus 1 credit under Ene 1 are achieved if the site was registered with a code assessor either on or after the 11th December 2010 under the requirements of Code for Sustainable Homes Technical Guidance November 2010. The certificate shall be submitted to and approved in writing by the Local Planning Authority.

Reason

In the interests of Sustainability.

(5) Prior to the commencement of work on site a remediation scheme to bring the site to a condition suitable for the intended use by removing any unacceptable risks to human health, buildings, other property and the natural and historical environment shall be prepared and submitted to and agreed in writing with the Local Planning Authority. The scheme shall include all works to be undertaken, proposed remediation objectives, remediation criteria and site management procedures. The measures proposed within the remediation scheme shall be implemented in accordance with an agreed programme of works.

Reason

To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

(6) Prior to beneficial use of the proposed development commencing, a verification report which demonstrates the effectiveness of the agreed remediation works carried out in accordance with condition 5 shall be submitted to and agreed in writing with the Local Planning Authority.

Reason

To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the

PLANDEV-130312-REP-EN-GW Page 90 of 157 development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

(7) In the event that contamination is found at any time when carrying out the approved development that was not previously identified, work on site shall cease immediately and shall be reported in writing to the Local Planning Authority. A Desk Study, Site Investigation, Risk Assessment and where necessary a Remediation Strategy must be undertaken in accordance with the following document:- Land Contamination: A Guide for Developers (WLGA, WAG & EAW, July 2006). This document shall be submitted to and agreed in writing with the Local Planning Authority. Prior to occupation of the development, a verification report which demonstrates the effectiveness of the agreed remediation, shall be submitted to and agreed in writing with the Local Planning Authority.

Reason

To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other off site receptors.

(8) If any springs or ground water seepage are encountered on site work on that area shall cease until a scheme for collection and disposal of the water has been submitted to and approved in writing by the Local Planning Authority. No ground water shall ever be discharged into the proposed drainage scheme.

Reason

To ensure the water is disposed of without overloading the drainage system.

(9) Other than as shown on Drawing 3929-15-06-110 Rev F , there must be no interference, alteration or diversion of any ditch, watercourse, stream or culvert crossing or bordering the site, without prior consultation and agreement with the Authority.

Reason

To ensure the satisfactory drainage of the site and protect adjacent properties.

PLANDEV-130312-REP-EN-GW Page 91 of 157 (10) Prior to commencement of any work to construct the combined drainage system, details of the proposed hydrobrake including head/flow graphs, hydrobrake type size of outlet and confirmation of design flow as well as construction details of all storage tanks and storage crates, manholes and all drainage construction details shall be submitted to and approved in writing by the Local Planning Authority.

Reason

To ensure discharge rates do not exceed those agreed

(11) Prior to commencement of development, a detailed scheme of the works required to extend the culvert adjacent to No 89 Brynmorgrug including the proposed new headwall shall be submitted to and approved in writing by the Local Planning Authority. The works shall be implemented as approved.

Reason:

In the interests of adequate drainage.

(12) Notwithstanding the details shown on the Proposed Engineering Drawing 3929-15-06-110 Rev F Aco drains shall be placed at back of footway along all drives which fall out onto the highway. These aco drains shall not be connected into the highway drainage system and shall be retained thereafter.

Reason:

To ensure no surface water from the drives flows onto the highway

(13) No development shall take place to construct the road or dwellings until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority. The Statement shall provide for:

(i) The parking of vehicles of site operatives and visitors.

(ii) Loading and unloading of plant and materials.

(iii) Storage of plant and materials used in constructing the development.

(iv) The erection and maintenance of security hoarding including decorative displays

PLANDEV-130312-REP-EN-GW Page 92 of 157 and facilities for public viewing, where appropriate.

(v) Wheel washing facilities

(vi) Measures to control the emission of dust and dirt during construction.

(vii) A scheme for recycling/disposing of waste resulting from the construction works.

The approved Statement shall be adhered to throughout the construction period.

Reason

In the interests of highway safety.

(14) Unless otherwise agreed in writing, prior to commencement of any work to construct any dwellings the proposed site road shall be constructed in accordance with the approved plans up to and including basecourse level including drainage in accordance with a phasing scheme which shall first be submitted to and approved in writing by the Local Planning Authority.

Reason

To ensure no mud/debris is tracked onto the highway, in the interests of highway safety.

(15) Unless otherwise agreed in writing, within three months of the occupation of the last dwelling the proposed site road shall be lit and surfaced to wearing course in accordance with the approved plans.

Reason

In the ineterests of highway safety.

(16) Prior to occupation of any dwelling the off-street parking spaces associated with the dwellings and shown on Drawing 3929-15-04-02 Rev G titled Planning Layout shall be constructed and retained as such thereafter. The parking spaces (and for Plots 20 and 21, 40 to 45 and 48 and 49 the shared drives), shall be hardsurfaced in concrete, bitumen bound material or block paving to the levels shown on Drawing 3929-15- 06-110 Rev F titled Proposed Engineering Layout and shall be retained as such thereafter.

PLANDEV-130312-REP-EN-GW Page 93 of 157 Reason

To ensure adequate off-street parking is provided and retained thereafter.

(17) Unless otherwise agreed in writing prior to commencing any works on site to construct the highway a street lighting scheme from the northern boundary of 78 Edward Street and along the site roads shall be submitted to and approved in writing by the Local Planning Authority. The approved street lighting scheme shall be implemented as approved in accordance with the site phasing scheme required by condition 14.

Reason

In the ineterests of highway safety.

(18) Unless otherwise agreed in writing, prior to occupation of any dwelling a surfaced and lit footway shall be provided fronting the associated property and linking onto the public highway and shall be retained as such thereafter.

Reason

In the ineterets of highway safety.

(19) Prior to first use of each drive hardstanding pedestrian vision splays measured at 2.4m by 2.4m behind back of footway each side of each drive/hardstanding are to be set out and retained thereafter so that nothing over 600mm in height above back of footway level is erected or allowed to grow within these areas.

Reason

In the ineterests of highway safety.

(20) Unless otherwise agreed in writing by the Local Planning Authority no trees shall be planted within 2m of the back of footway unless a suitable root barrier is placed along the back of footway or adjacent to the storage crates or any surface water drain.

Reason

To safequard the integrity of the drainage system and footway.

(21) Notwithstanding the details shown on the approved plans and unless otherwise agreed in writing the footway adjacent to Plot 57 shall be extended by 10 metres.

PLANDEV-130312-REP-EN-GW Page 94 of 157 Reason

To provide a more suitable crossing point for pedestrians

(22) Unless otherwise agreed in writing and prior to commencement of any works to construct any dwellings with the exception of Plots 33-36 the first 60m of the extension of Edward Street north from No 78 including the junction improvements into Bryn Morgrug and new signage as required shall be completed upto and including wearing course with drainage, lighting and signing. This scheme shall include new markings and signage at the junction adjacent to 78 Edward Street and into Bryn Morgrug which shall first be submitted to and approved in writing by the Local Planning Authority prior to implementation.

Reason

To improve safety at the existing junctions which will see an increase in traffic and change in priorities.

(23) Unless otherwise agreed in writing and prior to occupation of any of the proposed dwellings a No Entry Except for Access Order and all appropriate signage shall be implemented at the junction into Edward Street.

Reason

In the interests of highway safety.

(24) The development shall not commence until a Method Statement detailing all the necessary pollution prevention measures for the site preparation and construction phase of the development has been submitted to and approved in writing by the Local Planning Authority. All construction activities on the site shall be undertaken in accordance with the approved statement, subject to any amendments agreed in writing by the Local Planning Authority.

Reason

To prevent pollution of controlled waters.

(25) No development approved by this permission shall be commenced until a Waste Management Plan for the control, management, storage and disposal of demolition waste / excavated material has been submitted to and approved in writing by the Local Planning Authority. The approved statement shall be implemented as approved

PLANDEV-130312-REP-EN-GW Page 95 of 157

Reason

To ensure sustainability principles are adopted during development and to prevent pollution of controlled waters.

(26) No development approved by this permission shall be commenced until the surface water management scheme as proposed by Healer Associates (letter ref: 3670/RJ/RJ / drawing No’s SK110 & 3670_EA_01, Jan 2012) has been implemented as approved. Such a scheme shall be implemented prior to the construction of any impermeable surfaces draining to this system, unless otherwise agreed in writing by the Local Panning Authority.

Reason

To prevent the increased risk of flooding and to prevent pollution to controlled waters by ensuring the provision of a satisfactory means of surface water disposal.

(27) Foul water and surface water discharges must be drained separately from the site.

Reason

To protect the integrity of the public sewerage system

(28)No surface water and land drainage run-off shall be allowed to connect/discharge (either directly or indirectly) to the public sewerage system.

Reason

To prevent hydraulic overload of the public sewerage system and pollution of the environment.

(29) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order, 1995 (or any order revoking and re-enacting that Order), no fences, gates or walls shall be erected within the curtilage of any dwellinghouse forward of any wall of that dwellinghouse which fronts onto a highway, carriageway, shared driveway or footpath unless expressly authorised by this permission, other than those approved by condition 54.

PLANDEV-130312-REP-EN-GW Page 96 of 157 Reason

In the interests of visual amenity as the estate is open plan in character.

(30) No garage shall be converted to residential use unless a scheme for replacement car parking has been submitted to and approved in writing by the local planning authority The scheme shall be implemented prior to the commencement of any conversion works and shall provide for one additional car parking space for each space lost by any conversion works.

Reason

To ensure that adequate car parking provision is maintained within the curtilage of the dwelling in the interest of highway safety.

(31) 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 doors, windows or dormer windows (other than those expressly authorised by this permission) shall be constructed.

Reason

In order to safeguard the amenities of the area by enabling the Local Planning Authority to consider whether planning permission should be granted for additional windows, having regard to the particular layout and design of the estate.

(32) The approved development shall be finished in materials as specified on Drg No 3929-15-04-03 Rev A unless otherwise agreed in writing by the Local Planning Authority.

Reason

In the interests of visual amenity, and clarity.

(33) Unless otherwise agreed in writing by the Local Planning Authority the dwellings shall be constructed in accordance with the finished floor levels as specified on Drawing No 3929-15-06-110 Rev F.

Reason

In the interest of the amenities of the area and to ensure a satisfactory street picture.

PLANDEV-130312-REP-EN-GW Page 97 of 157 (34) All means of enclosure as indicated on Dwg. 3929-15-04-03 shall be erected as approved prior to the occupation of the associated residential unit unless otherwise agreed in writing and shall be retained and maintained as such thereafter.

Reason

In the interests of the visual amenity of the area, and the amenities of the occupiers of proposed and existing dwellings.

(35) Notwithstanding the details on Drawing Nos 861.01 Rev B (Planting Plan Sheet 1 of 2 ) and 861.01 (Planting Plan Sheet 2 of 2) a scheme for landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, taking into account potential growth, together with measures for their protection in the course of development shall be submitted to and agreed in writing with the Local Planning Authority. The approved scheme shall be carried out in the first planting season after completion of the development or its occupation, whichever is the sooner and any trees or plants which within a period of five years are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and the same species, unless the local planning authority gives written consent to any variation.

Reason

In the interest of visual amenity and to accord with Section 197 of the Town and Country Planning Act, 1990.

(36)The use of the garage shall be restricted to the garaging of private motor vehicles and uses incidental to the use of the associated dwellinghouse only and for no industrial, commercial or business use.

Reason

In the interests of amenity and to clarify the extent of this consent.

(37) Unless otherwise agreed in writing no part of the hereby approved buildings shall be constructed within 3 metres of either side of the centre line of the public sewer that crosses the site.

Reason

To safequard the integrity of the sewer as well as access to the apparatus.

PLANDEV-130312-REP-EN-GW Page 98 of 157 (38) Surface water run-off from the proposed development shall be maintained so as not to include the risk of flooding downstream. Accordingly, the guidance contained in Planning Guidance (Wales) TAN 15 – Development and Flood Risk should be incorporated, wherever possible, into the development proposals.

Reason

To protect adjacent properties

(39) Prior to commencement of any work to construct the highway full construction details of carriageway, footway, highway drainage, gulley’s, manholes and the storage chamber shall be submitted to and approved in writing by the Local Planning Authority.

Reason

To ensure all works are carried out to the appropriate specification.

(40) The Reptile Method Statement ( 5320 ) dated 8-2-12 shall be implemented as approved.

Reason

In the interests of biodiversity.

(41) Prior to the commencement of development an Ecological Management Plan which shall include, but is not limited to the following:

- Details of the protection and management of the woodland belt;

- Wetland areas;

- Wildflower meadow areas;

- Schedule of works and subsequent monitoring

- Details of seed mixes to be sown which should contain wild species of British origin;

- Details of at least 5 bat boxes to be located on trees.

- Details of wood resulting from any tree felling is retained on site as a dead wood resource;

- Details of artificial nesting sites for birds shall be implemented as approved.

PLANDEV-130312-REP-EN-GW Page 99 of 157 Reason

In the interests of biodiversity.

(42) If the Oak tree identified in Para 5.3.5 of the Ecological Assessment is to be felled, all branches should be section felled, lowered carefully and left on the ground for a minimum of 24 hours to allow any wildlife, such as bats, to escape if present. If bats are discovered during the work, work should stop immediately and CCW should be contacted as a WAG licence may be required to continue.

Reason:

In the interests of biodiversity.

(43) Unless otherwise agreed in writing by the Local Planning Authority and prior to the commencement of development on any of the dwellings on Plots 18-21 (inc) a 7 metre wide buffer zone which shall be fenced off during construction shall be provided between the woodland and the rear boundaries of these properties.

Reason

In the interests of biodiversity.

(44) Prior to the commencement of development Fallopia Japonica (Japanese Knotweed) that is located on the site shall be shall be treated and eradicated in accordance with the Environment Agency Knotweed Code of Practice.

Reason

In the interests of amenity, and to ensure that the treatment is carried out in accordance with recognised good practice.

(45) Unless otherwise agreed in writing by the local planning authority, all retained trees that may be directly affected by the proposed development shall be adequately protected as specified in BS5837:2005 'Trees in relation to Construction' by the provision of root zone protection prior to any development taking place including any site clearance or ground works. These protective fences shall be retained during the construction phase of the development hereby approved.

PLANDEV-130312-REP-EN-GW Page 100 of 157 Reason

In order to protect the long term health of the trees to be retained and to prevent storage of construction materials within the fenced area

(46) Unless otherwise agreed in writing by the Local Planning Authority, the recommendations in the Tree Survey, Categorisation and Constraints Report dated October 2011 must be followed at all times.

Reason

In the interests of visual amenity, ecology, public safety and to protect the future health and safety of the retained trees

(47) If any of the open space, outside the curtilage of any dwelling, is not to be formally adopted, prior to the occupation of the 39th dwelling, a scheme shall be submitted to and approved in writing by the Local Planning Authority for its long term management and maintenance.

Reason:

In the interests of amenity.

(48) Prior to the commencement of development a scheme for bat bricks to be incorporated into any buildings shall be submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented.

Reason

In the interests of biodiversity.

(49) Notwithstanding the details shown on Drawing 3929-15-04-03 and unless otherwise agreed in writing a 1.8m high wall finished in facing brickwork shall be erected along the east (rear) and south boundary (side) of plots 18-21 prior to the occupation of the associated residential unit and shall be retained and maintained as such thereafter.

Reason

To ensure that the woodland and associated wildlife is protected from damage and encroachment.

(50) Notwithstanding the submitted details on Drawing No. 3929-15-06- 110 Rev F and prior to commencement of development on site a scheme for the provision of on street parking on the south eastern access road

PLANDEV-130312-REP-EN-GW Page 101 of 157 shall be submitted to and approved in writing with the Local Planning Authority. The scheme as approved shall be implemented prior to the occupation of any dwelling unless otherwise agreed in writing.

Reason

In the interests of highway safety.

(51) Unless otherwise agreed in writing with the Local Planning Authoritythe proposed car parking area adjacent to the western boundary shall be laid out prior to the occupation of the first dwelling and retained and maintained thereafter.

Reason

In the interests of highway safety.

(52) Unless otherwise agreed in writing and prior to the occupation of the first dwelling a scheme shall be submitted to and agreed writing by the Local Planning Authority detailing all means of enclosure to be erected within the curtilage of any dwellinghouse forward of any wall of that dwellinghouse which fronts onto a highway, carriageway, shared driveway or footpath. Any means of enclosure shall be erected in accordance with the approved scheme.

Reason

In the interests of visual amenity.

(53) Unless otherwise agreed in writing with the Local Planning Authority, there shall be no use of secondary breaking equipment such as 'peckers' between 18.00 hrs and 08.00hrs Monday to Friday and all day Saturday and Sunday.

Reason

In the interests of residential amenity

REASON FOR GRANTING PLANNING PERMISSION

The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise.

PLANDEV-130312-REP-EN-GW Page 102 of 157

Whilst the application site falls outside the defined settlement limits identified within the UDP, the extant planning permission which exists on this site is a material consideration in the determination of this application. As a consequence the principle of residential development is established therefore this application is considered to be a re-plan of a previous permission. Therefore, the proposed development provides a sustainable, accessible and visually acceptable form of development which will not significantly impact upon the amenities of residents in adjoining properties, nor upon the character and visual amenity of the area as a whole. Furthermore, the development would not have a significant impact upon highway and pedestrian safety, nor upon existing services including foul and surface water discharges or ecological issues. Hence the proposed development would be in accordance with Policies GC1, ENV16, ENV17, T1, T10, H2, H4, ENV5, ENV29 and R03 of the Neath Port Talbot Unitary Development Plan. Approval is therefore recommended.

PLANDEV-130312-REP-EN-GW Page 103 of 157

ITEM 2.2

APPLICATION NO: P/2006/1659 DATE: 16/11/2006

PROPOSAL: RESERVED MATTERS FOR 17 DWELLINGS

LOCATION: LAND OPPOSITE PISGAH CHAPEL, MAIN ROAD, CILFREW, NEATH NEATH PORT TALBOTSA10 8NE APPLICANT: Robert Beynon TYPE: Reserved Matters WARD: Aberdulais

BACKGROUND INFORMATION

Planning History

07/0953 – Variation of conditions 6 and 8 of 06/1663 to reduce distance of area at junction to be constructed at a gradient of 1:20 and to amend the location of the junction and to reduce the visibility at the junction in a southerly direction. – conditional approval 18/10/11.

07/0537 – Creation of surface water manholes, sewer and foul water manholes to served development. Not yet determined.

06/1663 – Variation of conditions 3 and 4 of 03/0333 to extend the period of time to submit reserved matters and to start works – Approved 13/03/07

03/0333 – Outline planning permission for residential development – Approved 11/11/03.

Publicity and Responses if applicable:

Head of Engineering and Transport (Highways): No objection subject to conditions.

Head of Engineering and Transport (Drainage): No objection subject to conditions.

PLANDEV-130312-REP-EN-GW Page 104 of 157

Head of Property and Architectural Services (structures): The proposal would require approximately 19,00m³ of fill, allowing for a bulking factor of 10% this volume becomes 20,900m³, assuming ridged 8 wheelers are rated at 20 tonnes, and an estimation of fill being between 1.75-2.0 tonnes per m³ and the developer wish to import fill over 115 days, he has calculated the number of lorry loads required per day would be between 16 and 18, which would be the equivalent of 32 to 36 movements.

Environment Agency: No objection subject to conditions.

Biodiversity: Requested additional surveys and conditions.

Arboroculturist: The existing trees on site should be retained where possible.

Public Rights of Way: No registered public rights of way would be affected.

Wales and West Utilities: No objection subject to informatives.

Dwr Cymru Welsh Water: No objection subject to conditions.

Blaenhonddan Community Council: The Council is concerned about the disposal of both the foul and surface water from the site, which is above the children’s’ playground and adjacent to a public footpath. The drainage of water from the site is already inadequate, failing to cope with the constant stream of water which runs down the length of the public footpath and onto the Community Centre’s car park whenever it rains. They are also concerned about the additional traffic along Main Road and any impact there may be onto the public footpath that runs along site this site.

80 neighbouring properties were consulted and site notices were displayed around the site and the application was advertised in the local press

6 letters of objection have been received from the Cilfrew Residents Association. These objections can be summarised as follows:

1) Their privacy would still be compromised. The height changes to the dwellings, which are already split level and many are three

PLANDEV-130312-REP-EN-GW Page 105 of 157 storey high would overshadow their homes and gardens. 2) Concern is raised regarding drainage and possible flooding of a residential property during and after construction, due to the low level of the house compared to the new properties which would be at a higher level. Some existing houses would be completed surrounded by the building works and concern is expressed about further subsidence of the private access lane to these houses as this is the only access and there are concerns if it is proposed to bring the drainage across their access lane. The proposed dwellings would be built over the water main. 3) There is no provision for social housing, the elderly or young people within this area. All the new housing within the area has been private and are out of the range of most people living in the area. 4) The access to the development would not be suitable as the corner opposite Pleasant Hill is very bad and with approximately 40 more cars travelling the Cilfrew Road entering and exiting within a few meters of an existing trouble spot would constitute an unacceptable danger to other cars and pedestrians. There is no crossing point along the road. 5) Cilfrew Primary School has no room to expand to take in additional children from the new development. 6) There is not an easy or available sewerage system to serve the development. Runoff water which is currently soaked into the land would have to be diverted beneath the children’s play area then across the road to the brook which is unacceptable. 7) The loss of views from a public passing place, which is a village amenity, is not acceptable. 8) There would be an increase in noise pollution both during construction and after through the increase in the number of vehicles. 9) They object to the development of the site as it is outside the settlement limit and is green belt area. 10) They are concerned that the proposed building works will upset the foundations of their houses as they believe that the field is rock underneath and the walls of his house cracked when they built Derwen Fawr a few years ago. 11) The field has been used as a way to access the park below for generations. 12) The field is a home and food source for many species of wildlife. An environment statement should be done on the field.

Description of Site and its Surroundings:

PLANDEV-130312-REP-EN-GW Page 106 of 157

The application site is irregular in shape with a road frontage onto Main Road, Cilfrew of approximately 66m. The site then drops away steeply to the east. The site widens to extend out in a northerly direction to adjoin the rear boundary of the building that is known as the Sunday School, where the site has a width of 92m. The site continues to widen in a northerly direction until it adjoins the rear boundary of the pair of semi detached dwellings known as Glanfrwd and Rockfields, with a site width at this point of 105m. The site then narrows to follow the side boundary of Rockfield which is only 82m wide, before then extending to the south along an area of land to the rear garden areas of the terraced row of dwellings known as Mount Pleasant, to have a width at its rear boundary with the public open space to the east of 109m. The site has a maximum depth of 110m and a minimum depth of 68m where the site narrows at the rear of Rockfields and Glanfrwd and the rear of the Sunday School building. The application site has an approximate site area of 1.3hectares.

The application site has a highest ground level of 100m AOD to the rear of the Sunday School building and drops to its lowest ground level of approximately 80m AOD along its Eastern boundary with the public open space to the rear of the site.

Brief description of proposal:

Outline planning permission with means of access was originally granted conditional approval for a maximum of 20 dwellings under application 2003/0333 in 2003. This application was considered under the Neath Local Plan where the application site was identified as being located within the settlement boundary. A subsequent application varied conditions 3 and 4 of this permission to allow an extension of time period for the submission of reserved matters and the start of works on site under application 2006/1663 which was granted on the 13/03/2007.

The current reserved matters application was originally submitted to the authority in November 2006 in compliance with condition 3 of the outline permission (06/1663). However the proposed scheme was unable to comply with conditions on the outline permission so the applicants submitted a further application to vary conditions 6 and 8 of application 06/1663 to allow the reduction in the area at the junction which would have to be constructed with a gradient of 1 in 20; the relocation of the access point and to reduce the required visibility splay in a southerly direction under application P2007/0953 which was granted permission by the Planning and Development Control Committee on the 18/10/11.

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Lengthy discussions have occurred to amend the detailed design of the original scheme. The applicant has subsequently attempted to redesign the proposed layout and details of the development to achieve an acceptable form of development. The current revised plans were submitted for formal consideration on the 9th December 2010.

The current proposed development seeks reserved matters consent for the erection of 17 dwellings, made up of a mixture of detached and semi detached three and four bedroom dwellings. The site would be accessed via a road way that would adjoin Main Road via the approved access point and then extend back in an easterly direction into the site. The proposed access road is then shown to turn towards the north before continuing to provide access to the main body of the site. The proposed dwellings are shown to be sited to either side of the roadway. Due to the steeply sloping nature of the site and the location of adjacent existing dwelling many of the proposed houses have been individually designed in an attempt to address the specific constraints on each of the plots. The proposed dwellings shown to be located to the western side of the proposed access road would be traditional two storey dwellings, while the dwellings shown to be located to the eastern side of the access road have a split level design, with the dwellings appearing to be single storey on the road frontage but then extending down with the sloping site to be two storey to the rear, with additional third storey accommodation being provided within the roof slope.

Although the proposed development includes a split level design to some of the proposed dwellings, the required gradient for the proposed access road would still necessitate the ground levels to be increased across the majority of the site area. The applicants have submitted a proposed methodology that sets out how the fill operation part of the development could be carried out.

The applicants have also submitted proposed sections through the application site in both north/south and east/west directions.

Material Considerations:

The main considerations in the determination of the application are the principle of the residential redevelopment of the site; the impact upon the character and appearance of the surrounding area; the impact upon the amenity of the occupiers of the adjacent properties; the impact upon the highway safety of the existing road network; the impact upon the

PLANDEV-130312-REP-EN-GW Page 108 of 157 landscape and ecology of the site and impact upon the drainage and ground conditions of the site.

Policy Context:

As stated above the principle of the residential development of the site was accepted under outline planning permission 03/0333. This application was considered under the then adopted development plan - The Neath Local Plan, which showed the application site as being located within the identified settlement. The application (06/1663) to extend the period of time for submission of the reserved matters applications and the start of works on site was also considered under this development plan.

Although the subsequently adopted (March 2008) Neath Port Talbot Unitary Development Plan amended the settlement boundary to exclude the application site, the current application seeks reserved matter consent for an extant outline permission. As such the principle of residential development on the site remains established by the existing amended outline permission 07/0953 and as such is not a matter for consideration as part of the determination of the current application. Therefore only issues related to the proposed siting (including the proposed ground level works), design, landscaping and external appearance of the buildings can be considered at this stage in the process.

The relevant planning policies which need to be taken into consideration in the determination of the current reserved matter applications are as follows:

GC1 – New Buildings/structures and Change of Use. GC2 - Engineering Works and Operations. ENV3 - Impacts on the Landscape. ENV5 - Nature Conservation. ENV17 – Design. ENV29 - Environmental Quality and Amenity. H2 - Housing Density. T1 - Location, Layout and Accessibility of New Proposals.

EIA and Appropriate Assessment:

The application site is approximately 1.3hectares in size which exceeds the Schedule 2, Column 2 quantity over which developments must be screened as to whether they require an Environmental Impact Assessment. A screening opinion was undertaken by the authority and it

PLANDEV-130312-REP-EN-GW Page 109 of 157 was considered that an Environmental Impact Assessment was not required to inform the determination of the reserved matters application.

The application site is not considered to be located within a zone of influence for any SAC or Ramsar sites.

Visual Amenity:

The proposed layout plan shows two dwellings located to either side of the proposed access to the site. Both dwellings would be two storey in height and would flank onto Main Road. However due to the difference in the ground levels between the existing footpath that runs adjacent to the frontage of the site and the steeply sloping application site, the proposed dwellings on plots 1 and 17 would be set below the road level. In the case of the dwelling on plot 17 this would be only a maximum of 0.8m. However the proposed dwelling on plot 1 would have a ground level that would be approximately 2.2m below the level of Main Road. As such this dwelling would have the appearance of a single storey bungalow when viewed from the streetscene.

To help illustrate how this would appear, the applicant has submitted a streetscene section of the development when viewed from Main Road. The drawing shows that the closest of the existing dwellings, number 6 Pleasant Hill, is itself set slightly below the ground level of Main Road. This existing dwelling is shown to have a ridge height of 5.9m when viewed in relation to the Main Road ground level. The proposed dwelling on plot 17 is shown to be located approximately 12m from the closest point of number 6 Pleasant Hill and would have a proposed ridge height of 7.2m when viewed from the Main Road level. The proposed dwelling on plot 1 would have a ridge height of 6m when viewed from Main Road. However the dwelling’s single storey appearance would be in keeping when viewed in relation to the dwelling’s proposed single storey garage which would be sited at road level and located at the northern end of the plot between the proposed dwelling and the existing single storey Sunday School building. It is also noted that due to the changes in levels on the application site, only the ridges of the roofs of the proposed dwellings on plots 4-7 would be visible from Main Road and that the existing Sunday School building would screen much of this view.

It is therefore considered that the proposed development would have an acceptable appearance when viewed from Main Road and the difference in the proposed ridge heights of the dwellings would read as being in

PLANDEV-130312-REP-EN-GW Page 110 of 157 keeping with the existing pattern of development within this part of Main Road.

The dwellings located along the proposed access road would have ground levels that would step down in pace with the reducing gradient of the roadway. The view down along the access road would be terminated by the proposed dwellings on plots 13-15. The proposed dwelling shown to be located along the eastern side of the development road would have a single storey appearance when viewed from within the development, but would be three storey (with the third storey being within the roof slope) when viewed from the public open space to the rear of the application site. The difference in ground level across the depth of the dwelling is caused in part by the natural slope of the site, but is exacerbated by the proposed level of fill material that would be required to achieve the necessary gradient along the development’s access road. The required level of fill material would be at its greatest depth directly to the front of these split level dwellings at a maximum depth of 5.6m. As an example of the drop in ground levels that would occur through the design of these dwellings, plot 14 would have an upper ground level of 93.7m AOD and a lower ground level (at the rear patio area) of 88.3m AOD which is a difference of 5.4m. As such the house would have a height of 5.8m to the ridge when viewed from the front and 11.1m when viewed from the rear. It should be noted that even with this proposed drop in ground level through the split level design of these dwellings, the houses would still, even at their rear be constructed on land that would be approximately 2.2m above the original ground level.

The applicants have submitted plans and a proposed section drawing showing what the development would look like when viewed from the public open space to the rear of the application site. The submitted details show that the applicants are proposing to use a combination of sloping gardens and terracing to deal with the difference in the ground levels from the rear of the proposed dwellings, to the rear boundary of the site. This approach reduces the requirement for additional retaining walls, thereby helping to create a greener and more natural appearance to the rear of the development.

Therefore subject to the imposition of suitable conditions to control the use of retaining walls, to remove permitted development rights from the proposed dwellings and to ensure the implementation of an appropriate landscaping scheme, it is considered that the proposed development would have no detrimental impact upon the character and appearance of the immediate and wider surrounding area.

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In regard to the extensive ground level operations that are proposed to take place across much of the application site, there is concern that if a large amount of the required fill material were brought onto the site and the developer ceased trading or was unable for some other reason to complete this aspect of the development, that due to the prominent location and steep topography of the site that there would be a significant adverse impact upon the character and appearance of the wider area as well as potential issues regarding ground stability and surface water drainage issues. As such, it is recommended that the planning permission should only be issued following the signing of a Section 106 agreement, which would secure the provision of a bond. The bond would provide the necessary funds for the Council to use to complete the ground level works should the developer be unable to do so. (The bond would not cover the house construction phase of the development.)

Residential Amenity:

The closest existing dwelling to the front of the application site would be number 6 Pleasant Hill. This is an end of terrace dwelling which has a single storey flat roofed rear extension with a basement level. The dwelling has one ground floor side facing window within the main dwelling and three windows and a door in the side facing elevation of the extension. There is also a basement entrance doorway in the side elevation. The property’s ground level drops away at the rear, which allowed the incorporation of a basement within the ground floor extension. There is no significant existing side boundary with the application site and the rear of the property has a fairly open appearance when viewed from the wider area.

The closest proposed dwelling to 6 Pleasant Hill is plot17. The proposed rear elevation of this dwelling would face the side boundary of 6 Pleasant Hill. The proposed dwelling itself would be located approximately 12m from the closest point of Pleasant Hill, with the rear elevation of the proposed attached garage being located 7.5m away. It is considered that the distances between the proposed and existing dwelling would be sufficient to ensure that there would be no overshadowing or overbearing. The applicants have shown the erection of a 1.8m high close board fence along this boundary, which would ensure that there would be no loss of privacy to 6 Pleasant Hill.

The proposed dwelling on plot 16 would flank onto the side boundary of 6 Pleasant Hill’s rear garden area. However there are no proposed side

PLANDEV-130312-REP-EN-GW Page 112 of 157 facing windows within the south elevation of this dwelling, which would ensure that there would be no overlooking from the dwelling itself. However there would be significant changes in the ground levels around this proposed dwelling. The existing ground levels on the land to the front of the dwelling on plot 16 is 90m AOD which raises to 91m AOD at the rear. However the proposed dwelling would have a finished floor level of the 94.45m AOD and the garage of 93.55m AOD. However these proposed finished floor levels would be comparative to the proposed road levels which would be 94.54m AOD at the front of the dwelling and 95.6m AOD towards the rear of the dwelling. This would ensure that the proposed dwelling would have an appropriate relationship with the proposed roadway, but would be 3.45m higher than the ground level of the rear garden of 6 Pleasant Hill. The proposed dwelling would be located over 10m from the side boundary of the existing garden area and the proposed garage would be located 7m away. Due to the orientation of the proposed dwelling and the distance between the dwelling and the side boundary of 6 Pleasant Hill, it is considered that the proposed dwelling would not be unacceptably overshadowing or overbearing to this existing property.

The proposed dwelling on plot 15 is located at the point where the level of proposed fill material would be at its greatest. As such the upper ground level of this dwelling is stated to have an upper ground level of 93.45m AOD when the original ground level in this area would have been approximately 88m AOD. This is a change in levels of 5.45m at a distance of 7.4m from the boundary with 6 Pleasant Hill. However the proposed dwelling would be over 33m away from the closest point of the existing dwelling and the change in ground level would be comparative to the proposed dwelling having a ridge height of 9.4m (when considering the additional height caused by the fill material). It is therefore considered that due to the distance between the proposed and existing dwellings there would be no detrimental impact through overshadowing, overlooking or overbearing.

A number of the other dwellings within the Pleasant Hill terraced row have also constructed two storey rear extensions, however although the dwellings are sited so that their rear elevations are angled slightly towards the application site none appear to have first floor windows that have anything other than oblique distant views over the application site.

The closest adjacent dwellings to the rear of the site are the two storey, semi detached pair of dwellings known as Rockfields and Glanfrwd. These dwellings are located towards the north eastern corner of the

PLANDEV-130312-REP-EN-GW Page 113 of 157 application site. The closest proposed dwellings to these existing houses would be plots 8 and 9. These are two split level dwellings of house type B. The proposed dwellings would have an upper ground level of 89.75m AOD and a lower ground level of 84.35m AOD. House type B has only velux style windows within its rear roof slope and full length patio door style windows in the rear elevation. However due to the ground levels on which the proposed dwellings would be constructed, the lower ground floor windows would be constructed on a ground level which would be higher than the ridge height of the existing dwellings. The distance between the closest point of the proposed dwelling and the closest part of the existing house would be 26m. The proposed dwelling is also located so that it is off set from the rear elevation of the existing dwellings. As such due to the differences in the ground levels, the distances and angle at which the dwellings are sited to each other and the orientation of the development, it is considered that there would be no overlooking, overshadowing or overbearing to either Rockfields or Glanfrwd.

As such the proposed development by reason of its design, boundary treatment, and orientation would have no detrimental impact upon the residential amenity of the occupiers of the existing dwellings and that the proposed dwellings would have an acceptable level of amenity for the future potential occupiers.

Highway Safety (Access, Parking and Traffic flows):

The means of access to the application site has been agreed under application P2007/0953. The current application seeks permission for the construction details and layout of the development estate roadway. The proposed development would comply with the Council’s car parking and garage standards for dwellings of these sizes.

The Head of Engineering and Transport has considered the estate road design, gradient and drainage, housing layout, car parking provision, garage sizes and turning head provisions. He has also considered the impact upon highway safety as a consequence of the estimated number of vehicle movements required to import the fill material required to achieve the necessary highway gradient along the estate road and has raised no objection to the proposed development subject to the imposition of suitable conditions to ensure the provision of these facilities; measures to control the fill operation’s delivery times, as well as traffic regulation orders to restrict parking along Main Road and the entrance to the site.

As such, it is considered that the proposed development would have no

PLANDEV-130312-REP-EN-GW Page 114 of 157 detrimental impact upon the highway safety of the existing road network.

Landscaping:

There are a number of existing trees located within the application site and around the site’s boundary. The only existing tree that is shown to be removed appears to be located within the boundary of the Sunday School building. This tree is not covered by a Tree Preservation Order. All other trees are shown to be retained. However it should be noted that with the proposed ground level increases across the majority of the site, there is potential for non-intentional damage to be caused to these trees. A condition can be imposed to ensure that adequate protection is provided during the course of construction process and the replacement of any trees that become damaged or die within 5 years from the start of the development.

Ecology:

The application site is currently overgrown scrub and grassland. Condition 15 of the outlined permission P2007/0953 required the retention of the two mature oak trees that are located on the rear of the site, together with the retention of an area of scrub and grassland to be located in the south-eastern corner of the site as a wildlife haven for birds and reptiles. While condition 16 of the outline permission also required the submission of a reptile capture and release programme for the development site, with any reptiles captured being released on the wildlife mitigation area that is required under condition 15. Condition 17 also required the eradication of any Japanese Knotweed, Giant Knotweed or any Knotweed hybrids found on site.

In addition to this the applicant has submitted a drawing that shows that an area to the rear of plots 9-15 with a depth of between 19-26m will be separated off from the rear garden areas of these dwellings by a 1.8m high close board fence. While the separate land ownerships of this land with remain with the corresponding property and will be marked on site by a 0.9m high post and wire fence, these will be landscaped with native species to create a wildlife corridor.

The Council’s Biodiversity officer also recommended a badger survey be carried out. However this is an issue for consideration of the outline stage rather than at the reserved matters. However a condition can be imposed that will advise the developers to cease all works if any protected species are found on site.

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As such it is considered that the proposed development would have no detrimental impact upon the ecology of the application site or wider surrounding area.

Affordable Housing:

The application seeks determination of the reserved matters on an outline application. Issues regarding affordable housing provision on the development site were considered at the outline stage. However due to the age of the applications, the required development thresholds at the time of the applications submission and the number of dwellings proposed, it was considered that the proposed development did not reach the required affordable housing threshold of 20 dwellings. As such no affordable housing provision was required on this development site.

Pollution: (air, noise and ground)

No issues relating to ground contamination or air pollution have been identified during the course of the appraisal of this application. It is acknowledged that a certain degree of noise and disturbance can be expected with any development proposal. However the works associated with the proposed ground level increases across the site would be likely to result in a longer construction period than would be expected on a normal development scheme for 17 dwellings on a level site and a significantly larger number of lorry movements to deliver the ground fill material to the site. In addition to the importation of fill, the material would have to be compacted to form a suitable building platform. As such, the likely levels of associated noise and disturbance experienced by adjacent properties are also likely to be significantly greater than those of perhaps a more typical residential development of this size. However, the resultant scale of these impacts would be restricted through the implementation of an appropriately designed ground re-grading methodology, as well as conditions that would restrict the time period over which the fill operation could take place, the number of lorry movements to the site per day and the hours of delivery of materials.

It is therefore considered that these measures would mitigate the potential levels of noise and disturbance down to an acceptable level, and as such a reason for refusal could not be substantiated on this ground.

Ground conditions and Drainage.

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It is acknowledged that there is an existing combined sewer crossing the application site. The applicants have marked the sewer’s location on their submitted drawing and have ensured that there would be no significant ground level changes within this area and have shown a suitable easement area 3m to either side of the sewer’s location. A condition would also be imposed to remove the permitted development rights of the properties to ensure that no permitted development is constructed over this area.

As explained above the proposed development would require an increase in ground levels across most of the application site. These works would necessitate the importation of a large amount of fill material which would be spread over much of the application site and compressed to create a suitable building platform. As previously stated these works would be carefully controlled through the imposition of a number of conditions that would control hours of delivery, the length of time that the works should be carried out over and the details of the proposed fill methodology. However conditions would also have to be imposed to ensure that prior to the start of works on site full details of a construction phase land/surface water drainage scheme are submitted to the authority for their approval and that the approved details are implemented on site and used throughout the construction phase of the development. This condition would ensure that the proposed development would not have an adverse impact upon the amenities of the adjacent property owners through surface water run off onto their properties and that any existing surface water drainage issues on the adjacent sites are not exacerbated. The condition would also ensure that any surface water that leaves the site has been appropriately treated first to ensure that there would be no potential issues associated with contamination.

The applicants have also proposed a foul, surface water and land drainage scheme for the occupied phase of the development. The Head of Engineering and Transport (Drainage) has considered the proposed scheme and would have no objection subject to the imposition of suitable conditions.

However it should be noted that part of the proposed scheme involves the connection of the proposed on site drainage scheme to a proposed off site drainage proposal. These off site drainage works are the subject of a separate planning application P2007/0537 and can not be taken into consideration as part of the determination of this application. However to ensure that there is a suitable off site drainage mechanism in place for the development site to connect into, a Grampian style condition is

PLANDEV-130312-REP-EN-GW Page 117 of 157 recommended that will require that the developers provide proof that an agreement has been reached with all relevant third party land owners involved in the off-site drainage works prior to the start of works on this application site.

In addition to this provision as stated about, it is recommended that planning permission only be granted subject to the signing of a Section 106 agreement that would secure the provision of a bond that would cover the proposed ground level operation associated with the development. The bond would ensure that the ground level works could be completed to an acceptable level and ensure that the surface water run off from the site was appropriately treated in the long term, if the off site drainage works were not implemented.

Others (including objections)

A number of the issues raised by the local residents have been addressed within the above appraisal. However the following comments are made in response to those issues which remain outstanding:

1) The concerns regarding sewerage, drainage, and possible flooding of adjacent properties during and after construction have been addressed within the ground condition and drainage section of the report. 2) Issues regarding the point of access to the development site were considered as part of the determination of application P 2007/0953 which agreed the means of access details. As such this issue is not for consideration as part of the determination of this application. However issues regarding car parking and highways safety within the site have been assessed within the Highways section of this report. 3) The issue of spare capacity within Cilfrew Primary School is a principle of development issue. The principle of the residential redevelopment of this site was established by the determination of the outlined planning permission P2007/0953. 4) With regards to the loss of view out over the application site, there is no right within the planning system to a view over a third party’s land. The impact of the proposed development upon the character and appearance of the streetscene as well as upon the residential amenities of the occupiers of the adjacent properties have been considered as part of the above appraisal. 5) Regarding the local residents concerns over potential damage that may be caused to their properties during the course of the

PLANDEV-130312-REP-EN-GW Page 118 of 157 construction of the development; this is a civil matter between the owners of the property and the people who may potentially cause the damage. 6) With regards to public access over the application site to access the playing fields to the rear, there are no public rights of way over the application site and there are no outstanding applications to establish a public right of way across this private land. 7) The ecological issues regarding the proposed development have been addressed within the above appraisal, however the principle of the proposed development has been established by the earlier outline consent. However the area to the eastern part of the site has been set aside to form a wildlife area. A condition can be imposed to secure an Ecological Mitigation and Management Strategy for the area, including landscaping and habitat creation.

Conclusion:

The application seeks approval of the reserved matters for the proposed development. It is considered that subject to the imposition of appropriate conditions the proposed development would have no detrimental impact upon the character and appearance of the surrounding area, upon the residential amenity of the occupiers of the adjacent dwellings, or upon the highway safety of the existing road network. It is also considered that subject to conditions that would secure the submission of an adequate Ecological Mitigation and Landscaping Strategy that the proposed development would have no adverse impact upon the landscape or ecology of the surrounding area. With regard to the proposed ground level works and drainage of the site, a bond to secure the provision of funds to complete any outstanding ground level works should the developer fail to complete this aspect of the development could be secured by a Section 106 agreement and conditions could be imposed to control the method of work and the provision of suitable drainage measures for both the construction and occupation phase of the development.

Recommendation:

To grant planning permission subject to the imposition of suitable conditions and the signing of a Section 106 agreement to secure fund to complete any outstanding ground level works on site.

CONDITIONS;

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(1)No development shall take place until samples of the materials to be used in the construction of the external surfaces of the development including the retaining walls 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.

Reason

In the interest of the visual amenity of the area.

(2)Prior to the occupation of each dwelling, the associated car parking spaces as shown on the approved plans, including any spaces within any garage, shall be laid out in accordance with the approved details and retained as such thereafter.

Reason

In the interests of highway safety and visual amenity.

(3) The development shall be connected to the main sewerage system prior to the occupation of each associated dwelling.

Reason

In order to ensure the provision of adequate foul drainage.

(4) Unless otherwise agreed in writing, the hereby approved development shall be constructed with ground levels and floor levels as shown on approved drawing - Proposed Level 50011-07rev C.

Reason

In the interests of visual and residential amenity.

(5) Prior to occupation of each dwelling hereby permitted, an artificial nesting site for birds shall be erected on the dwelling to one of the following specifications, and retained as such thereafter;

Nest Box Specifications for House Sparrow Terrace:

Wooden (or woodcrete) nest box with 3 sub-divisions to support 3 nesting pairs. To be placed under the eaves of buildings.

Entrance holes: 32mm diameter

Dimensions: H310 x W370 x D185mm

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Swift Nest Box Specification:

Wide box with small slit shaped entrance hole. Must be placed under or close to roofs, at least 5m from the ground.

Dimensions: H150 x W340 x D150mm

Reason

In the interest of Biodiversity.

(6) Prior to the occupation of each dwelling the associated means of enclosure and retaining walls shall be constructed as shown on drawings external finishes 1006/FIN01 rev A and Proposed Levels 50011-07 rev c unless otherwise agreed in writing and shall be retained as such thereafter.

Reason

In the interests of visual and residential amenity.

(7)Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, Schedule 2, Part 1, Class A (or any order revoking and re-enacting that Order), no fences, gates, walls or other means of enclosure shall be erected within the curtilage of any dwellinghouse (other than those shown on the approved plan or expressly required by conditions of this permission) without first receiving planning permission.

Reason

In the interests of visual amenity as the estate is open plan in character.

(8)All mature native trees on the site shall be retained, unless otherwise agreed in writing by the Local Planning Authority. Any request for the removal of a tree shall be supported by a Bat Survey (following the Bat Conservation Trust (2007) Bat Survey - Good Practice Guidelines and by a licensed bat worker) and if bats are present shall contain details of mitigation measures as well as details of a replacement tree for each tree that is to be removed, which shall be submitted to and approved in writing by the Local Planning Authority. The removal of the tree shall be carried out in accordance with the approved details. Should any existing or replacement tree which within five years of the completion of the development becomes damaged, is removed, becomes diseased or dies it

PLANDEV-130312-REP-EN-GW Page 121 of 157 shall be replaced in the next planting season with another of similar size, and of the same species, unless otherwise agreed in writing by the Local Planning Authority.

Reason

In the interests of visual amenity and ecology as the trees may provide habitats for nesting birds and roosting bats.

(9) Unless otherwise agreed in writing, the 0.9m high stone wall with cock and hen coping to be located along the site boundary with Main Road, as shown on drawing 1006/FIN01rev A and as detailed on sheet D1 shall be constructed on site prior to the occupation of the first dwelling on site.

Reason

In the interests of the visual amenity of the Main Road streetscene.

(10) Notwithstanding the submitted drawings and unless otherwise agreed in writing, prior to the occupation of either of the dwellings on plots 15 and 16 the 1.8m high close board fence that is shown to be located along the side and rear boundary of these dwellings shall be extended along the whole length of the southern side boundary of the application site with number 6 Pleasant Hill and shall be retained as such thereafter.

Reason

In the interests of the visual amenity of the development and the residential amenity of the adjacent dwellings.

(11)No part of any drive gradient shall exceed 1 in 9 and prior to the first beneficial use of each associated dwelling the driveway shall be hard surfaced in concrete, bitumen bound material or block paving to the levels shown on drawing 50011-01rev E titled Engineering layout and shall be retained as such thereafter.

Reason:

In the interests of safety.

(12)Unless otherwise agreed in writing the roads and footways shall be constructed in accordance with the approved scheme and gradients to binder course level and drained prior to the construction of any dwelling, and made up to surface course level and lit prior to the occupation of the

PLANDEV-130312-REP-EN-GW Page 122 of 157 last three dwellings or the completion of the development, whichever is the sooner and shall be kept open and free for public use thereafter.

Reason

In the interests of highway safety.

(13)Prior to the first occupation of any dwelling vision splays of 2.4 metres by 2.4 metres shall be provided either side of each proposed drive access. 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), these splays shall be retained as such thereafter with nothing erected or grown over 600 mm in height within the splays.

Reason

In the interests of pedestrian and vehicular safety.

(14) Prior to the start of construction of any dwelling on site, full details of the ecological mitigation area shown to the rear of plots 9-15, including landscaping details and ecological management plan shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented on site in accordance with the approved plans, unless otherwise agreed in writing, during the first planting season following the occupation of the first dwelling within the row of plots 9-15 and shall be maintained in accordance with the ecological management plan thereafter. Any trees or plants that become seriously damaged, diseased or die within 5 years shall be replaced in the next planting season with others of the same species and similar size, unless the Local Planning Authority gives written consent to any variation.

Reason

In the interests of the biodiversity of the application site.

(15)Works related to the ground level works, site preparation and machinery servicing of the hereby approved development shall not take place other than between the hours of 7:30am and 7pm Mondays to Fridays and 8am and 1.30pm Saturdays and at no time on Sundays and Bank Holidays. Reason

PLANDEV-130312-REP-EN-GW Page 123 of 157 In the interests of the amenities of the area.

(16) 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 extensions, porches, external alterations, additional windows, dormer windows or other openings, alterations to roof planes, garages, balconies, outbuildings, retaining works, areas of raised decking or elevated patios as identified with Schedule 2, Part 1 shall be erected (other than those expressly authorised by this permission) without the prior grant of planning permission in that behalf.

Reason

In order to safeguard the amenities of the area by enabling the Local Planning Authority to consider whether planning permission should be granted for the proposed alterations having regard to the particular layout, ground levels and design of the estate and residential amenity of the neighbouring properties.

(17) Prior to the commencement of any works on site, including site clearance, a condition survey of Main Road from the A4230 Main Road/Cadoxton Road up to the junction with March Hywel road shall be carried out, and submitted to and approved in writing by the Local Planning Authority. Within one month of the completion of the importation of fill material on to the site a further condition survey of the existing highway from the A4230 Main Road/Cadoxton Road up to the junction with March Hywel road shall be carried out, and submitted to and approved in writing by the Local Planning Authority. Any damage to the highwayidentified as a result of the increase in volume of construction vehicles shall be repaired within 6 months of the completion of the associated development in accordance with a scheme that shall first be submitted to and approved in writing by the Local Planning Authority.

Reason

In the interests of highway safety.

(18) Prior to commencement of any work on site a Construction Ground Works Operational Method Statement for the fill operation shall be submitted to and approved in writing by the Local Planning Authority. The statement shall include. a. Engineering drawings showing the site clearance, topsoil on site storage and benching work;

PLANDEV-130312-REP-EN-GW Page 124 of 157 b. Details of the type of fill material which is to be imported onto site; c. details of the source of fill material to be imported onto site; d. material storage location details; e. laboratory testing methods and reporting results procedure to the Local Planning Authority; f. Compaction methods and procedures; g. construction phase drainage arrangements to prevent pollution, erosion and surface water from running onto third party land, with details of settlement lagoons and outfall arrangements, cut off drains and calculations; h. wheel washing and dust control measures; i. method of controlling deliveries and access route.

The approved details shall be fully implemented on site for the duration of the land fill and ground works operations on site, with the exception of the construction phase drainage scheme which shall be implemented throughout the whole of the ground work phase and the construction of the dwellings and shall only cease to be used on the developer's receipt of the Local Planning Authority's written agreement.

Reason

In the interests of ensuring that the fill operation is carried out without having an adverse impact upon the visual and residential amenity and to ensure the provision of adequate protection of the ground waters within the area.

(19) No works on the construction of the approved road, junction or dwellings shall take place prior to a Construction Method Statement for the approved development shall be submitted to and approved in writing by the Local Planning Authority. The statement shall include details of: a. the parking of vehicles of site operatives and visitors to the site; b. the loading and unloading of plant and construction materials; c. the storage of plant and materials used in the construction of the development;

PLANDEV-130312-REP-EN-GW Page 125 of 157 d. the erection and maintenance of any security hoardings including decorative displays and facilities for public viewing which may be used; e. measures to control the emission of dust and dirt during construction; f. a scheme for recycling/disposing of waste resulting from the construction works; g. wheel washing and dust control measures;

The approved details shall be fully implemented on site for the duration of the construction operations on site.

Reason

In the interests of ensuring that the construction works are carried out without having an adverse impact upon the visual and residential amenity of the area.

(20) No deliveries of plant or materials (including fill materials) shall be made to or removed from the site between the hours of 8.00am to 9.00am or 3.00pm and 4.00pm during school term times on Mondays to Fridays and between 7.00pm and 7:30am on Mondays to Saturdays and not at all on Sundays and Bank Holidays.

Reason

In the interests of residential amenity and pedestrian and highway safety.

(21) Prior to the commencement of any works elsewhere on site, the first 10m of the access road shall be completed up to and including binder course and the visibility splay for the junction shall be created and kept clear of obstruction over a height of 600mm at all times.

Reason

To provide a secure access platform into the site and to prevent mud on the highway - in the interest of pedestrian and highway safety.

(22)Prior to the start of construction works on the hereby approved site roadway, full details of a street lighting scheme shall be submitted to and approved in writing by the Local Planning Authority. The approved lighting scheme shall be implemented on site prior to the occupation of the first dwelling. Reason

PLANDEV-130312-REP-EN-GW Page 126 of 157 In the interests of highway and pedestrian safety.

(23) Unless otherwise agreed in writing by the Local Planning Authority, the highway drainage and surface water drainage scheme as shown on Engineering Layout drawing 50011-01rev E shall be fully implemented on site in the case of the highway drainage scheme prior to the start of construction works on the first dwelling and in the case of the surface water drainage scheme prior to the occupation of each association dwelling and shall retained as such thereafter.

Reason

To ensure the provision of an adequate highway and surface water drainage system.

(24) If any springs or ground water seepage are encountered on site, works on that area of the site shall cease until a detailed scheme for the collection and disposal of the water has been submitted to and approved in writing by the Local Planning Authority. The approved details shall be fully implemented on site prior to works continuing on that area of the site.

Reason

To ensure the provision of a suitable land drainage scheme.

(25) No land drainage waters from this site shall be discharged to the off site drainage scheme approved under P2007/0537, without the written agreement of the Local Planning Authority.

Reason

To ensure the provision of an adequate drainage scheme for the development.

(26) There shall be no interference, alteration or diversion of any ditch, watercourse, stream or culvert that crosses or borders the site, without a scheme being submitted to and approved in writing by the Local Planning Authority. Only the approved scheme shall be implemented on site.

Reason

In ensure the satisfactory drainage of the site and the protection of adjacent properties.

PLANDEV-130312-REP-EN-GW Page 127 of 157 (27) Unless otherwise agreed in writing by the Local Planning Authority, prior to work commencing on site, full details of a filter drain to be constructed along the eastern boundary of the site shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be fully implemented on site prior to the start of any site clearance works and shall be retained as such thereafter.

Reason

To protect downhill land from water logging due to the effect of surface water run off from the proposed development during and post construction.

(28) Unless otherwise agreed in writing by the Local Planning Authority, no works on site, including site clearance and ground works shall take place until evidence that the off site drainage works required to serve the development have been provided, completed and are in working order as approved under application P2007/0537.

Reason

To ensure the provision of an adequate surface water and foul sewerage system to serve the development.

(29) No buildings shall be constructed within 3m of either side of the central line of the mains sewer that crosses the application site.

Reason

To protect the integrity of the public sewer and avoid damage thereto.

(30) Prior to the start of works on the construction of any dwelling, full details of a landscaping scheme for the open area of land to the front and side of plots 15 and 16 identified on drawing 1006/PL01 rev C as 'area of enhanced structural planting' shall be submitted to and approved in writing by the Local Planning Authority. Unless otherwise agreed in writing the approved landscaping scheme shall be fully implemented on site prior to the occupation of either dwelling on plots 15 and 16. Any trees or plants that become seriously damaged, diseased or die within 5 years shall be replaced in the next planting season with others of the same species and similar size, unless the Local Planning Authority gives written consent to any variation. Reason

PLANDEV-130312-REP-EN-GW Page 128 of 157 In the interests of the residential amenity of the occupiers of dwelling at Pleasant Hill.

(31) Unless otherwise agreed in writing, prior to the commencement of the works on site the applicant shall ensure that traffic regulation orders preventing parking at any time are placed on Main Road both outside Pisgh Chapel and on the development side of the road and upon completion of the new junction up to base course level for a minimum of the first 20m into the site. These orders shall be maintained in good order thereafter.

Reason

In the interests of ensuring the provision of a new safe junction.

REASON FOR GRANTING PLANNING PERMISSION

The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise.

The application seeks approval of the reserved matters for the proposed development. It is considered that subject to the imposition of appropriate conditions the proposed development would have no detrimental impact upon the character and appearance of the surrounding area, upon the residential amenity of the occupiers of the adjacent dwellings, or upon the highway safety of the existing road network. It is also considered that subject to conditions that would secure the submission of an adequate Ecological Mitigation and Landscaping Strategy that the proposed development would have no adverse impact upon the landscape or ecology of the surrounding area. With regard to the proposed ground level works and drainage of the site, a bond to secure the provision of funds to complete any outstanding ground level works should the developer fail to complete this aspect of the development could be secured by a Section 106 agreement and conditions could be imposed to control the method of work and the provision of suitable drainage measures for both the construction and occupation phase of the development.

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ITEM 2.3

APPLICATION NO: P/2007/537 DATE: 24/04/2007

PROPOSAL: CREATION OF SURFACE WATER MANHOLES, SEWER AND FOULWATER MANHOLES TO SERVE RESIDENTIAL DEVELOPMENT OF LAND OPPOSITE PISGAH CHAPEL, MAIN ROAD CILFREW AS GRANTED BY PREVIOUS CONSENT P2003/0333

LOCATION: LAND EAST OF CILFREW HOTEL, MAIN ROAD, CILFREW, NEATH NEATH PORT TALBOT APPLICANT: Robert Beynon TYPE: Full Plans WARD: Aberdulais

BACKGROUND INFORMATION

Planning History

07/0953 – Variation of conditions 6 and 8 of 06/1663 to reduce distance of area at junction to be constructed at a gradient of 1:20 and to amend the location of the junction and to reduce the visibility at the junction in a southerly direction. – Conditional approval 18/10/11.

06/1663 – Variation of conditions 3 and 4 of 03/0333 to extend the period of time to submit reserved matters and to start works – Approved 13/03/07

06/1659 – Reserved matters for 17 dwelling – No yet determined.

03/0333 – Outline planning permission for residential development – Approved 11/11/03.

Publicity and Responses if applicable:

Head of Engineering and Transport (Highways): No objection subject to conditions.

PLANDEV-130312-REP-EN-GW Page 130 of 157 Head of Engineering and Transport (Drainage): No objection subject to conditions.

Dwr Cymru Welsh Water: No objection subject to conditions.

Blaenhoddan Community Council: The Council is concerned about the disposal of both foul and surface water from this site, which is above a children’s playground and adjacent to a public footpath. The drainage of water from this site is already inadequate failing to cope with the constant stream of water which runs down the length of the public footpath and onto the community centre car park whenever it rains.

80 dwellings were also consulted including Cilfrew Residents Association and site notices were displayed around the site: No response.

Description of Site and its Surroundings:

The proposed development would serve a residential scheme (outline permission P2007/0953 and reserved matters 06/1659) that has been proposed on an area of land to the west of the current application site. The proposed application site would adjoin the residential development area in the bottom south eastern corner. The site then extends in a predominately easterly direction over third party land. It passes to the south of the community centre under a Public Right of Way, before passing beneath both New Road and Birch Lane. The application site then enters a field area before continuing easterly to cross beneath the minerals railway line. The application site then turns in a south easterly direction where it crosses more agricultural land before connecting with the river.

Brief description of proposal:

The proposed development seeks full planning permission for the construction of a sewer and surface water drain. The proposed foul sewer would follow the route of the application site from the bottom south eastern corner of the residential development site to where the site adjoins New Road. At this point the proposed foul sewer would connect into the existing public sewer that serves the dwellings in New Road. However the proposed surface water drain would follow a similar route from the south eastern corner of the proposed residential development site down to New Road, before it would follow the rest of the route of the application site across the field, under the minerals railway line, across another field before discharging into the River Dulais.

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The proposed surface water drainage system includes details of a proposed attenuation tank which would be sunk beneath the ground and located within a grassed verge area, to the south of the community centre. The proposed tank would measure 3m wide, 2m deep and 20m long. The piped areas of the proposal would have a 300mm diameter up to the railway line and would then continue on with a diameter of 450mm.

Material Considerations:

The main issues for consideration in the determination of the application are the impact upon the character and appearance of the surrounding area; the impact upon the residential amenity of the occupiers of the adjacent dwellings, the impact upon the highway and pedestrian safety of the existing road and footpath network and the impact upon the drainage network within the surrounding area.

Policy Context:

The application seeks permission for the construction of a foul sewer and a surface water drainage scheme to serve a residential development. The application site is located outside the settlement area as identified within the Neath Port Talbot Unitary Development Plan (UDP). Policy ENV1 – Development in the Countryside seeks to restrict development within the countryside but does state:

A proposal for development in the countryside will not be permitted unless: h) It is development necessary for ... and other forms of infrastructure provision ... and; in all case the development would not create unacceptable impacts upon character or appearance of the countryside, biodiversity, the amenities of neighbouring residents, or other land users, traffic generation or highway safety.

While policy ENV12 – Proposals Effecting Water Resources expands upon this by stating:

Proposals that would be prejudicial to or would materially affect the quality or quantity of the controlled water, fresh water or seawater will not be permitted.

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While policy GC2 – Engineering works and operations states that:

Any proposal for or including Engineering works and other operations will not be permitted if it would create an unacceptable impact in failing to: d) Ensure that there are no adverse effects on water supply, water quality or quantity, land drainage or flooding;

The appraisal below will assess whether the proposed development would comply with these policy criteria.

Visual Amenity:

The proposed development would be located largely below ground, with the exception of manhole covers and the proposed apron and head wall at the outfall point. As such subject to the imposition of a condition to ensure that all construction works are made good and that the site is returned to its former condition, there would be no lasting adverse impact upon the visual amenity of the application site or wider surrounding area.

Residential Amenity:

The closest adjacent dwelling to the proposed application site would be number 34 New Road. At its closest the application site would be located approximately 4m away from the closest point of this dwelling. However as the proposed development would be constructed below ground level, it is considered that there would be no overbearing or overshadowing impact and any disturbance caused by the construction works would be of a temporary nature. As such there would be no detrimental impact upon the residential amenity of the occupiers of the adjacent dwellings.

Highway Safety (Access, Parking and Traffic flows):

The proposed development would only connect with the public highway at the point of the proposed connection of the foul drain to the public sewer and where the proposed surface water drain would pass beneath New Road and Birch Lane. The developers would have to seek permission from the Highways Authority prior to carrying out the works.

The Head of Engineering and Transport (Highways) has raised no objection to the proposed development.

PLANDEV-130312-REP-EN-GW Page 133 of 157

As such it is considered that the proposed development would have only a temporary impact upon the existing public highway and Public Right of Way and that there would be no detrimental impact upon highway or pedestrian safety.

Landscaping:

The proposed development may require the removal of existing trees from along the route of the proposed foul sewer and surface water drain. However as stated above a condition could be imposed to ensure that the land is returned to its former condition, including the planting of replacement trees to mitigate any adverse impacts caused to the existing landscape quality through the removal of any existing trees.

Ecology (including trees & Protected Species):

Due to the proposed nature of the works, it is considered that there would be no significant adverse impact upon the existing ecology of the wider surrounding area subject to the imposition of conditions to ensure that the works are carried out outside the normal bird breeding season and that should any protected species be discovered on site all works are stop and advice is sort from the Countryside Council for Wales.

Drainage and Flooding:

The site is not located within an identified flood zone. The Head of Engineering and Transport (Drainage) has stated that subject to the imposition of suitable conditions they would have no objection to the proposed development.

However the applicant would also be likely to require a Discharge Consent from the Environment Agency prior to the construction of the surface water drainage system.

Pollution: (air and ground)

No issues relating to air or ground pollution have been identified during the course of the determination of the application.

Others (including objections)

The issues raised by Blaenhoddan Community Council have been

PLANDEV-130312-REP-EN-GW Page 134 of 157 addressed within the above appraisal.

Conclusion:

The proposed development subject to the imposition of suitable conditions would have no detrimental impact upon the character and appearance of the surrounding area, the residential amenity of the occupiers of the adjacent dwellings or upon the landscape quality or water quality or quantity of the existing immediate environment. It is also considered that there would be no detrimental impact upon highway or pedestrian safety.

Recommendation:

To grant planning permission subject to conditions.

CONDITIONS;

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

Reason

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

(2) Notwithstanding the submitted details, prior to the commencement of works on site, full details of the drainage run shall be submitted to and approved in writing by the Local Planning Authority. The submitted details shall include: i Longitudinal Section for pipework from MH HD1-S1 to outfall inclusively, and including details of the inspection chambers; ii details for proposed hydro brake including head/flow graphs, hydro brake type, size of outlet and confirmation of design flow; iii calculations and the detailed designs of the proposed attenuation storage scheme which will include the critical storm which gives the maximum storage requirement; iv details showing what provisions for access are to be made along the pipe work easement to the river;

PLANDEV-130312-REP-EN-GW Page 135 of 157 vi details of an amended outfall to river.

The development shall be implemented on site in accordance with the approved details.

Reason

To ensure the provision of an adequate drainage system.

(3) On completion of installation of the hereby approved drainage works on site, the excavated land shall be returned to its former condition, including the use of appropriate matching surfacing materials and the laying of turf and replacement planting of all native trees that have been felled as part of the approved development.

Reason

In the interests of the visual amenity of the area and biodiversity habitat.

REASON FOR GRANTING PLANNING PERMISSION

The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise.

The proposed development subject to the imposition of suitable conditions would have no detrimental impact upon the character and appearance of the surrounding area, the residential amenity of the occupiers of the adjacent dwellings or upon the landscape quality or water quality or quantity of the existing immediate environment. It is also considered that there would be no detrimental impact upon highway or pedestrian safety.

PLANDEV-130312-REP-EN-GW Page 136 of 157 SECTION B – MATTERS FOR INFORMATION

3. APPEALS RECEIVED

Appeal Ref: A2012/0002 Planning Ref: P2008/0775 PINS Ref: APP/Y6930/A/12/2170139/WF Applicant: MR LEWIS Agent: Proposal: RENEWAL OF PREVIOUS OUTLINE PLANNING CONSENT P2004/1821

Site Address:

LEWIS AVENUE CWMLLYNFELL SWANSEA

Start Date::15/02/2012 Decision Date: Decision Code:

PLANDEV-130312-REP-EN-GW Page 137 of 157 4. APPEALS DETERMINED

Appeal Decisions

Appeal Ref.APP/Y6930/A/11/2165189 Planning Ref: P2011/0400 Applicant: Mr Gurmail Hayre

Proposal: Change of use from retail (A1) to hot food takeaway (A3)

Site Address: FURZELAND DRIVE, BRYNCOCH, NEATH, SA10 7UF

Start Date: 16/02/12 Decision Date: 01/03/12 Decision Code: Dismissed

The main issue is the effect of the proposed change of use on the living conditions of nearby residents with particular reference to noise and disturbance.

The Inspector was of the opinion that the proposed A3 use would generate extra activity in the locality by car and on foot and, at times, particularly in the late evening, would be likely to give rise to unacceptable levels of noise and disturbance in this quiet area, damaging local residential amenity. The proposal therefore conflicts with those provisions of policies GC1 and EC3 of the Neath Port Talbot Unitary Development Plan that, in combination, are directed to prevent the establishment of business and other development likely to create unacceptable environmental consequences in residential areas.

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Planning Ref: P2011/0450

PINS Ref: APP/Y6930/A/11/2164715

Applicant: Mr & Mrs Thomas

Proposal: Retrospective application for the retention of brickwork finish to the dwelling, plus retention of circular first-floor window to the front elevation

Site Address: Pen-y-Castell Farm, Bryn, Port Talbot SA13 2PY

Start Date: 17/11/2011

Decision Date: 05/03/2012

Decision Code: Allowed

Members should note that an appeal was made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission for the retention of a brickwork finish to the dwelling, plus retention of a circular first-floor window to the front elevation. The application (Ref: P2011/0450) was refused on 14 July 2011.

The Inspector noted that the appeal relates to a new build detached residence occupying a spacious and secluded plot in a rural location between the settlements of Bryn and Cwmafan. The Council opposed the external brickwork finish on the grounds that the approved rendered finish is more appropriate to the local vernacular and the rural character and setting of the property.

The appellants provided examples illustrating the use of both brick and render on local buildings both within and outside the settlement boundaries. The Inspector commented that “I do not consider the brickwork finish to be inappropriate in this context. Neither am I persuaded that the brickwork exaggerates the scale and massing of the building. Without doubt, the building is imposing, but this is a result of its inherent scale, not its external finishes. Similarly, any suggestion that the dwelling has a suburban or ‘executive’ appearance is largely due to its design, which has already been approved”.

PLANDEV-130312-REP-EN-GW Page 139 of 157 With regard to the circular window, he noted that this is certainly an asymmetrical feature. However, although the dwelling is clearly designed in a traditional style, he thought it lacked the formal plan layout and strict symmetry of a classical design. Although the circular window is different to the other windows, he thought it articulated the asymmetry and, he argued it could add visual interest. He therefore regarded this as largely a matter of taste and not as a deficiency in what is, on the whole, a considered and well-mannered design.

He therefore concluded that the development causes no significant harm to the character and appearance of the existing dwelling and the surrounding area, and there is no conflict with Policies GC1 and ENV17 of the adopted Neath Port Talbot Unitary Development Plan 2008 and Technical Advice Note 12 Design, insofar as these seek to ensure that development respects and has regard to local character, and does not impact adversely on the surrounding area.

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5. DELEGATED APPLICATIONS DETERMINED BETWEEN 13TH FEBRUARY AND 5TH MARCH 2012

1 App No. P/2011/984 Type Householder Proposal TWO STOREY REAR EXTENSION Location 119 GRAIG ROAD, GODRE'R GRAIG, SWANSEA SA9 2NY Decision Approval with Conditions Ward Godre'rgraig

2 App No. P/2011/1006 Type Outline Proposal ONE SINGLE STOREY DWELLING (OUTLINE WITH DETAILS OF ACCESS) Location LAND AT TY'R EGLWYS, ST ILLTYDS DRIVE, BAGLAN, PORT TALBOT SA12 8AU Decision Refusal Ward Baglan

3 App No. P/2011/1007 Type Householder Proposal CONSTRUCTION OF DETACHED GRANNY ANNEXE. Location 57 BWLCH CRESCENT, CIMLA, NEATH SA11 3RY Decision Approval with Conditions Ward Neath South

4 App No. P/2010/1040 Type Full Plans Proposal SKATE PARK Location PONTARDAWE LEISURE CENTRE, FFORDD PARC YNYSDERW, PONTARDAWE, SWANSEA Decision Approval with Conditions Ward Pontardawe

5 App No. P/2011/388 Type Discharge of Cond. Proposal DETAILS TO BE AGREED IN ASSOCIATION WITH CONDITION 7 (FORMATION OF ROAD) OF PLANNING PERMISSION REFERENCE P2010/0869 GRANTED ON 01/10/2010 (AMENDED DETAILS RECEIVED) Location LAND AT REAR OF, 8 & 9 DULAIS ROAD, SEVEN SISTERS, NEATH SA10 9EL Decision Approval with no Conditions Ward Seven Sisters

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6 App No. P/2011/784 Type Full Plans Proposal DEMOLITION OF EXISTING DETACHED GARAGE AND ERECTION OF REPLACEMENT DETACHED GARAGE Location GARAGE COMPOUND, DUNRAVEN STREET, GLYNCORRWG, PORT TALBOT SA13 3AD Decision Approval with Conditions Ward Glyncorrwg

7 App No. P/2011/831 Type Change of Use Proposal CHANGE OF USE FROM DWELLING (CLASS C3) TO DWELLING AND DAY SCHOOL (SUI GENERIS) Location FERRYBOAT HOUSE, EARLSWOOD DEPOT ACCESS ROAD, JERSEY MARINE, NEATH SA10 6NG Decision Approval with Conditions Ward Coedffranc West

8 App No. P/2011/875 Type Householder Proposal DETACHED GARAGE Location 15 BRYNHYFRYD, GLYNNEATH, NEATH SA11 5BA Decision Approval with Conditions Ward Glynneath

9 App No. P/2011/908 Type Householder Proposal TWO STOREY SIDE EXTENSION, FIRST FLOOR REAR EXTENSION DETACHED SINGLE STOREY STORE AND RETENTION OF REAR DECKING AREA. Location 5 SCHOOL ROAD, TONNA, NEATH SA11 3EJ Decision Approval with Conditions Ward Tonna

10 App No. P/2011/1033 Type Householder Proposal SINGLE STOREY REAR EXTENSION Location 306 HEOL Y GORS, CWMGORS, AMMANFORD NEATH PORT TALBOT SA18 1RW Decision Approval with Conditions Ward Gwaun-Cae-Gurwe

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11 App No. P/2011/1038 Type App under TPO Proposal WORKS TO SINGLE TREE COVERED BY TREE PRESERVATION ORDER T154/W2 Location 14 LLOYD STREET, TREBANOS PONTARDAWE, SWANSEA SA8 4DR Decision Refusal Ward Trebanos

12 App No. P/2011/1043 Type Householder Proposal SINGLE STOREY FRONT AND SIDE EXTENSION AND REPLACEMENT OF ROOF ON THE EXISTING SIDE EXTENSION. Location 15 VERDI ROAD, SANDFIELDS, PORT TALBOT SA12 7TW Decision Refusal Ward Sandfields West

13 App No. P/2011/1069 Type Change of Use Proposal RETENTION OF CHANGE OF USE FROM BAKERY (A1) TO CAFÉ (A3) AND PORCH TO REAR ELEVATION, PLUS OUTDOOR SEATING AREA WITH DETACHED GAZEBO TO REAR YARD. Location 51 COMMERCIAL ROAD, TAIBACH, PORT TALBOT SA13 1LP Decision Approval with Conditions Ward Taibach

14 App No. P/2011/1073 Type Householder Proposal RAISING ROOF OF ORIGINAL DWELLING AND SINGLE STOREY REAR EXTENSION WITH ALTERATIONS TO BASEMENT Location GLEN VIEW, 1 HIGH STREET, ALLTWEN PONTARDAWE, SWANSEA SA8 3BT Decision Not to Issue Cert.App.Alt.Dev. Ward Alltwen

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15 App No. P/2011/1074 Type Reserved Matters Proposal RESERVED MATTER APPLICATION FOR TWO DWELLINGS AND DISCHARGE CONDITION 9 (NESTING SITE DETAILS) OF OUTLINE PERMISSION P2007/0751 APPROVED 16/01/2009 Location Land at GLEN VIEW, 1 HIGH STREET, ALLTWEN PONTARDAWE, SWANSEA SA8 3BT Decision Approval with Conditions Ward Alltwen

16 App No. P/2011/1083 Type Change of Use Proposal CHANGE OF USE OF LAND TO LASER COMBAT CENTRE (USE CLASS D2 )INCOPORATING ANCILLARY CHANGING FACILITIES OFFICE/RECEPTION, STORAGE BUILDING, BOUNDARY TREATMENTS, LANDSCAPING AND TEMPORARY MOVABLE STRUCTURES, TOGETHER WITH THE RETENTION OF THE EXSITING CAR PARK. Location HAWDREF GANOL FARM, LANE FROM EFAIL FACH TO HAWDREF FAWR FARM, PELENNA, PORT TALBOT SA12 9SL Decision Approval with Conditions Ward Pelenna

17 App No. P/2011/1093 Type Householder Proposal SINGLE STOREY SIDE AND REAR EXTENSION AND NEW VEHICULAR ACCESS Location 20 PARK AVENUE, LONLAS, NEATH SA10 6RU Decision Approval with Conditions Ward Coedffranc Nort

18 App No. P/2011/1113 Type Vary Condition Proposal VARIATION OF CONDITION 9 (ECOLOGICAL BUFFER ZONE) AND CONDITION 17(GROUND LEVELS AND BOUNDARY TREATMENT NORTH WESTERN BOUNDARY) OF PLANNING APPLICATION P2011/0330 GRANTED ON 6/06/11. Location PLOT 25 LAND OFF VARTEG FAWR AND TO THE REAR OF GLAN YR AFON, ROAD FROM GOYTRE TO BRYN, BRYN, PORT TALBOT SA13 2SG Decision Approval with Conditions Ward Bryn & Cwmavon

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19 App No. P/2011/1121 Type Householder Proposal SINGLE STOREY REAR / SIDE EXTENSION Location 8 SUNNYCROFT ROAD, BAGLAN, PORT TALBOT SA12 8TB Decision Approval with Conditions Ward Baglan

20 App No. P/2011/1122 Type Householder Proposal SINGLE STOREY SIDE AND REAR EXTENSION Location 6 NEW ROAD, YNYSMEUDWY PONTARDAWE, SWANSEA SA8 4PJ Decision Approval with Conditions Ward Pontardawe

21 App No. P/2011/1128 Type Change of Use Proposal DEMOLITION OF FIRE ESCAPE STRUCTURE AND CHANGE OF USE OF FORMER YOUTH CLUB (SUI GENERIS) TO WOMEN'S CENTRE (SUI GENERIS), PLUS TWO-STOREY SIDE EXTENSION. Location OLD FIRE STATION, WATER STREET, PORT TALBOT SA12 6LF Decision Approval with Conditions Ward Aberavon

22 App No. P/2011/1134 Type Full Plans Proposal REPLACEMENT PEDESTRIAN CANOPY. Location CANOPIED WALKWAY, STATION ROAD, PORT TALBOT SA13 1JB Decision Approved with 5yr expiry only Ward Port Talbot

23 App No. P/2011/1142 Type Householder Proposal SINGLE STOREY REAR EXTENSIONS AND DETACHED OUTBUILDING. Location 118 GNOLL PARK ROAD, NEATH SA11 3DG Decision Approval with Conditions Ward Neath North

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24 App No. P/2011/1143 Type Advertisement Proposal REPLACEMENT FASCIA SIGNAGE TOGETHER WITH 11 NO INTERNALLY ILLUMINATED ADVERTISEMENT SIGNS. INCLUDING 1NO HEIGHT RESTRICTOR, 8 NO FREESTANDING SIGNS AND 2 NO BANNER SIGNS. Location MCDONALDS, LAYBY OFF A465 TO SKEWEN SERVICE STATION, SKEWEN, NEATH Decision Approval with Conditions Ward Coedffranc Cent

25 App No. P/2011/1145 Type Full Plans Proposal SINGLE STOREY FRONT EXTENSION, EXTERNAL LOVRES AND CLADDING TO THE EXISTING BUILDING, EXTERNAL ALTERATIONS TO SITE INCLUDING CREATION OF OUTDOOR SEATING AREA, EXTERNAL LIGHTING AND FREE STANDING CANOPY Location MCDONALDS, LAYBY OFF A465 TO SKEWEN SERVICE STATION, SKEWEN, NEATH Decision Approval with Conditions Ward Coedffranc Cent

26 App No. P/2011/1149 Type Householder Proposal CONVERSION OF DOUBLE GARAGE PLUS TWO STOREY AND SINGLE STOREY REAR EXTENSIONS TO FORM A DETACHED GRANNY ANNEXE Location 8 ST DAVIDS PARK, MARGAM, PORT TALBOT SA13 2PA Decision Approval with Conditions Ward Margam

27 App No. P/2012/18 Type App under TPO Proposal PROPOSED PRUNING OF 2 TREES COVERED BY TREE PRESERVATION ORDER T154/W1 Location 12 LLOYD STREET, TREBANOS PONTARDAWE, SWANSEA SA8 4DR Decision Approval with Conditions Ward Trebanos

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28 App No. P/2012/21 Type Householder Proposal RENENTION OF A TWO STOREY SIDE / REAR EXTENSION AND REAR CONSERVATORY (AMENDMENT TO PLANNING PERMISSION REF. P2010/1217). Location BRYNCOCH HOUSE, 140 MAIN ROAD, BRYNCOCH, NEATH SA10 7TR Decision Approval with Conditions Ward Bryncoch North

29 App No. P/2012/27 Type Householder Proposal RETENTION OF TWO STOREY AND SINGLE STOREY SIDE AND REAR EXTENSIONS (AMENDMENT TO APPLICATION P2008/1094 TO INCLUDE REAR DECKED AREA, PLUS A CHANGE IN DESIGN OF REAR SINGLE STOREY EXTENSION). Location 2 MAIN ROAD, BRYNCOCH, NEATH SA10 7PD Decision Approval with no Conditions Ward Bryncoch South

30 App No. P/2012/28 Type Change of Use Proposal CHANGE OF USE FROM CHAPEL (CLASS D1) TO RESIDENTIAL (CLASS C3) TOGETHER WITH PART TWO STOREY PART SINGLE STOREY FRONT EXTENSION WITH ASSOCIATED LANDSCAPING Location MORIAH INDEPENDENT CHAPEL, TAILLWYD ROAD, NEATH ABBEY, NEATH Decision Approval with Conditions Ward Dyffryn

31 App No. P/2012/30 Type Change of Use Proposal RETENTION OF USE OF FIRST FLOOR FROM FORMER CALL CENTRE (B1 OFFICE) TO ADDITONAL RETAIL FLOOR SPACE (A1 RETAIL) ANCILLARY TO THE GROUND FLOOR SHOP. Location 5 VICTORIA ROAD, SANDFIELDS, PORT TALBOT SA12 6QG Decision Approval with Conditions Ward Sandfields East

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32 App No. P/2012/31 Type Change of Use Proposal CHANGE OF USE FROM OFFICE (CLASS A2) TO A TATTOO STUDIO (SUI GENERIS) Location UNIT SL4 OLD DYNEVOR WORKS, MILLAND ROAD INDUSTRIAL ESTATE, NEATH SA11 1NJ Decision Approval with Conditions Ward Neath East

33 App No. P/2012/33 Type Householder Proposal RETENTION AND COMPLETION OF SINGLE STOREY EXTENSIONS TO SIDE AND REAR, TWO STOREY EXTENSION TO FRONT ELEVATION AND FIRST FLOOR SIDE EXTENSION ABOVE EXISTING GARAGE. Location 17 EGLWYS NUNNYDD, MARGAM, PORT TALBOT SA13 2PS Decision Approval with Conditions Ward Margam

34 App No. P/2012/35 Type Householder Proposal SINGLE STOREY REAR EXTENSION. Location 69 DAN Y GRAIG ROAD, NEATH SA11 1UA Decision Approval with Conditions Ward Neath South

35 App No. P/2012/37 Type Full Plans Proposal NEW SHOPFRONT, ROLLER SHUTTER AND ACCESS RAMP WITH ASSOCIATED HANDRAILS. Location 130 LONDON ROAD, NEATH SA11 1HF Decision Approval with Conditions Ward Neath North

36 App No. P/2012/38 Type Householder Proposal SINGLE STOREY SIDE EXTENSION. Location 19 BEACONS VIEW, CIMLA, NEATH SA11 3SB Decision Approval with Conditions Ward Neath South

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37 App No. P/2012/40 Type Full Plans Proposal OUTDOOR GYM Location VISITORS CENTRE GLYNCORRWG PONDS AND MOUNTAIN BIKE CENTRE, C250 TO GLYNCORRWG LINK ROAD, GLYNCORRWG, PORT TALBOT SA13 3EA Decision Approved with 5yr expiry only Ward Glyncorrwg

38 App No. P/2012/42 Type Full Plans Proposal SINGLE STOREY SIDE EXTENSION Location CROWN FOODS UK & IRELAND, MILLAND ROAD INDUSTRIAL ESTATE, NEATH SA11 1NJ Decision Approval with Conditions Ward Neath East

39 App No. P/2012/44 Type Householder Proposal FIRST FLOOR SIDE EXTENSION. Location 6 SERECOLD AVENUE, SKEWEN, NEATH SA10 6ED Decision Approval with Conditions Ward Coedffranc West

40 App No. P/2012/50 Type Householder Proposal REPLACEMENT OF FLAT ROOF TO DORMER TO MONO-PITCHED ROOF AND SINGLE STOREY SIDE EXTENSION. Location 2 HEOL FFRANC, SKEWEN, NEATH SA10 6DH Decision Approval with Conditions Ward Coedffranc West

41 App No. P/2012/53 Type App under TPO Proposal WORKS TO TREES COMPRISING OF THE REDUCTION AND REMOVAL OF LATERAL BRANCHES TO 1NO. SYCAMORE, 1NO. ELM AND 1NO. BEECH, CROWN LIFT TO 1NO. BEECH COVERED BY TPO REF. T42/6 T42/7 T42/T8. Location 85-86 HENFAES ROAD, TONNA, NEATH SA11 3EX Decision Approval with Conditions Ward Tonna

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42 App No. P/2012/54 Type App under TPO Proposal WORKS TO TREES COMPRISING OF THE CROWN REDUCTION AND LATERAL BRANCH REDUCTION TO 1NO. SYCAMORE (TPO T42/T19) AND 1NO. BEECH (TPO T42/T20) Location 61 NEATH ROAD, TONNA, NEATH SA11 3DQ Decision Approval with Conditions Ward Tonna

43 App No. P/2012/55 Type App under TPO Proposal WORKS INCLUDING REMOVAL OF IVY AND CROWN CLEAN TO TREE COVERED BY TREE PRESERVATION ORDER T141/W3 Location 3 NANT Y GLYN, CILFREW, NEATH SA10 8LS Decision Approval with Conditions Ward Aberavon

44 App No. P/2012/56 Type App under TPO Proposal WORKS INCLUDING REMOVAL OF DEAD WOOD AND LOWER BRANCHES TO PRUNING POINTS TO TREE COVERED BY TREE PRESERVATION ORDER T299 Location 9 BRYN DERWEN, PONTARDAWE, SWANSEA SA8 4LF Decision Approval with Conditions Ward Pontardawe

45 App No. P/2012/57 Type Screening Opinion Proposal REQUEST FOR A SCREENING OPINION UNDER REGULATION 5 OF THE TOWN & COUNTRY PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) (ENGLAND & WALES) REGULATIONS 1999, FOR THE CONTINUED EXTRACTION OF COAL AND SANDSTONE AND THE IMPORTATION OF MINE WASTE. Location BWLCH FFOS OCCS, RESOLVEN, NEATH Decision EIA Not Required Ward Resolven

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46 App No. P/2012/59 Type Advertisement Proposal ERECTION OF 1NO. INTERNALLY ILLUMINATED FASCIA SIGN TO THE FRONT ELEVATION Location 130 LONDON ROAD, NEATH SA11 1HF Decision Approval with Conditions Ward Neath North

47 App No. P/2012/61 Type Full Plans Proposal TWO PORTACABINS FOR SPORTS CHANGING FACILITIES Location PLAYING FIELD, HODGSONS ROAD, GODRE'R GRAIG, SWANSEA Decision Approval with Conditions Ward Godre'rgraig

48 App No. P/2012/63 Type Householder Proposal ENLARGEMENT OF REAR DORMER. Location 6 KESTREL CLOSE, BRYNCOCH, NEATH SA10 8DX Decision Approval with Conditions Ward Bryncoch South

49 App No. P/2012/64 Type Householder Proposal RETENTION AND COMPLETION OF UNDERGROUND SWIMMING POOL Location LLETY'R GOF FARM, CWM NANT LLWYD ROAD, GELLINUDD PONTARDAWE, SWANSEA SA8 3DT Decision Approval with Conditions Ward Rhos

50 App No. P/2012/69 Type Householder Proposal PROPOSED SINGLE STOREY SIDE EXTENSION (AMENDMENT TO P2011/0313) Location 89 BRYNMORGRUG, ALLTWEN PONTARDAWE, SWANSEA SA8 3DG Decision Approval with Conditions Ward Alltwen

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51 App No. P/2012/77 Type Householder Proposal SINGLE STOREY REAR EXTENSION Location 5 ST CATHERINES ROAD, BAGLAN, PORT TALBOT SA12 8AT Decision Approved with 5yr expiry only Ward Baglan

52 App No. P/2012/80 Type Householder Proposal TWO STOREY REAR EXTENSION. Location 53 EVANS ROAD, NEATH SA11 2DB Decision Approval with Conditions Ward Neath East

53 App No. P/2012/81 Type Full Plans Proposal SINGLE STOREY DETACHED BUILDING FOR USE AS A CAFÉ (USE CLASS A3) (AMENDMENTS TO PREVIOUS APPLICATION P2010/1069) Location JUNCTION CAFÉ, SNACK BAR AT LAYBY, YSTALYFERA ROUNDABOUT, SWANSEA Decision Approval with Conditions Ward Ystalyfera

54 App No. P/2012/82 Type Householder Proposal CONVERSION AND ALTERATION OF GARAGE INCLUDING RAISING EXISTING RIDGE HEIGHT TO PROVIDE TWO BEDROOM GRANNY ANNEXE Location 4 WAUN STERW, RHYDYFRO PONTARDAWE, SWANSEA SA8 4NF Decision Approval with Conditions Ward Pontardawe

55 App No. P/2012/84 Type Advertisement Proposal TWO INTERNALLY ILLUMINATED SIGNS Location UNITS 19 & 20 MARDON PARK, CENTRAL AVENUE, BAGLAN ENERGY PARK, PORT TALBOT Decision Advert Approved with Std Cond Ward Baglan

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56 App No. P/2012/85 Type Full Plans Proposal DETACHED DWELLING AND GARAGE Location Land adjacent to DYNEVOR HOUSE, MAIN ROAD, CILFREW, NEATH SA10 8NE Decision Approval with Conditions Ward Aberdulais

57 App No. P/2012/86 Type Householder Proposal DEMOLITION OF EXISTING REAR EXTENSIONS AND CONSTRUCTION OF A PART TWO STOREY / PART SINGLE STOREY REAR EXTENSION. Location 11 LLEWELLYN AVENUE, NEATH SA10 7AL Decision Approval with Conditions Ward Bryncoch South

58 App No. P/2012/88 Type Householder Proposal REAR CONSERVATORY Location 78 FFYNNON DAWEL, ABERDULAIS, NEATH SA10 8EN Decision Approval with Conditions Ward Aberdulais

59 App No. P/2012/93 Type Discharge of Cond. Proposal SUBMISSION OF DETAILS PURSUANT TO CONDITION 9 OF PLANNING PERMISSION REF. P2011/0900 (GRANTED ON 05/12/2011) IN RESPECT OF A CONSTRUCTION METHOD STATEMENT. Location LAND REAR OF, 1-3 PARK VIEW CLOSE, BRITON FERRY, NEATH SA11 2PX Decision Approval with no Conditions Ward Briton Ferry We

60 App No. P/2012/97 Type Householder Proposal PROPOSED PORCH, BAY WINDOW, FRONT CANOPY AND SINGLE STOREY REAR EXTENSION Location 57 BRYN CATWG, CADOXTON, NEATH SA10 8BG Decision Approval with Conditions Ward Cadoxton

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61 App No. P/2012/99 Type Householder Proposal RETENTION OF REAR SINGLE STOREY REAR EXTENSION, CONSERVATORY WITH BASEMENT AND STORE (REVISION TO P2010/0091) Location 70 MAIN ROAD, CRYNANT, NEATH SA10 8NT Decision Approval with Conditions Ward Crynant

62 App No. P/2012/102 Type Householder Proposal TWO STOREY REAR EXTENSION Location 184 GRAIG ROAD, GODRE'R GRAIG, SWANSEA SA9 2NZ Decision Approval with Conditions Ward Godre'rgraig

63 App No. P/2012/103 Type LawfulDev.Cert- Exist Proposal LAWFUL DEVELOPMENT CERTIFICATE FOR USE OF THE PREMISES AS A SINGLE DWELLING (CLASS C3) Location 49 NEUADD ROAD, GWAUN CAE GURWEN, AMMANFORD SA18 1UG Decision Issue Lawful Dev.Cert. Ward Gwaun-Cae-Gurwe

64 App No. P/2012/105 Type Discharge of Cond. Proposal SUBMISSION OF DETAILS UNDER CONDITONS 3, 4 & 5 OF PLANNING PERMISSION P2011/0900 (APPROVED ON THE 5/12/11) IN RESPECT OF REPTILE SURVEY, BIODIVERSITY MITIGATION AND HEDGEROW PLANTING SCHEME. Location Land rear of, 1-3 PARK VIEW CLOSE, BRITON FERRY, NEATH SA11 2PX Decision Approval with Conditions Ward Briton Ferry We

65 App No. P/2012/110 Type Householder Proposal TWO STOREY REAR EXTENSION Location 29 DYFFRYN ROAD, ALLTWEN PONTARDAWE, SWANSEA SA8 3BX Decision Approval with Conditions Ward Alltwen

PLANDEV-130312-REP-EN-GW Page 154 of 157 66 App No. P/2012/119 Type Householder Proposal PART TWO STOREY PART SINGLE STOREY SIDE EXTENSION Location WOODBINE COTTAGE, GELLIFOWY ROAD, YNYSMEUDWY PONTARDAWE, SWANSEA SA8 4QE Decision Approval with Conditions Ward Pontardawe

67 App No. P/2012/122 Type Householder Proposal EXTERNAL ALTERATIONS COMPRISING OF REPLACEMENT OF GARAGE DOOR WITH WINDOW AND REPLACEMENT PARKING SCHEME TO FACILITIATE GARAGE CONVERSION. Location 131 CRYMLYN PARC, SKEWEN, NEATH SA10 6EF Decision Approval with Conditions Ward Coedffranc West

68 App No. P/2012/123 Type Discharge of Cond Proposal SUBMISSION OF DETAILS PURSUANT TO CONDITION 3 OF PLANNING PERMISSION P2011/896 (GRANTED ON 5/12/2011) IN RESPECT OF REPTILE MITIGATION. Location LAND ADJACENT TO SEWAGE PUMPING STATION, SOUTH OF M4 BRIDGE, BRITON FERRY, NEATH Decision Approval with no Conditions Ward Briton Ferry We

69 App No. P/2012/124 Type Discharge of Cond. Proposal SUBMISSION OF DETAILS PURSUANT TO CONDITION 5 OF PLANNING PERMISSION P2011/897 (GRANTED ON 5/12/2011) IN RESPECT OF LANDSCAPING. Location LAND ADJACENT TO SEWAGE PUMPING STATION, SOUTH OF 8 GEORGES ROW, BRITON FERRY, NEATH Decision Approval with no Conditions Ward Briton Ferry We

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70 App No. P/2012/125 Type Discharge of Cond. Proposal SUBMISSION OF DETAILS PURSUANT TO CONDITIONS 7 & 8 OF PLANNING PERMISSION P2011/900 (GRANTED ON 5/12/2011) IN RESPECT OF DRAINAGE AND TURNING HEAD DETAILS. Location LAND REAR OF, 1-3 PARK VIEW CLOSE, BRITON FERRY, NEATH SA11 2PX Decision Approval with no Conditions Ward Briton Ferry We

71 App No. P/2012/136 Type Prior Notif.Demol. Proposal DEMOLITION OF TWO DETACHED INDUSTRIAL BUILDINGS (PRIOR NOTIFICATION) Location Plots 7 & 7A, GREEN PARK STREET, ABERAVON, PORT TALBOT SA12 6NT Decision Prior Approval Not Required Ward Aberavon

72 App No. P/2012/150 Type LawfulDev.Cert- Prop. Proposal REAR DORMER Location 3 CLOS YR HEN YSGOL, PONTARDAWE, SWANSEA SA8 4AZ Decision Issue Lawful Dev.Cert. Ward Pontardawe

73 App No. P/2012/169 Type LawfulDev.Cert- Prop. Proposal SINGLE STOREY SIDE / REAR EXTENSION (APPLICATION FOR A CERTIFICATE OF PROPOSED LAWFUL DEVELOPMENT) Location 5 BALLARDS COURT, NEATH ABBEY, NEATH SA10 6PN Decision Issue Lawful Dev.Cert. Ward Dyffryn

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74 App No. P/2012/211 Type Discharge of Cond. Proposal DETAILS TO BE AGREED IN ASSOCIATION WITH CONDITION 02 (MATERIAL SAMPLES) OF APPLICATION P2006/1813 GRANTED ON 09/03/07 Location LAND ADJACENT TO TEWGOED FACH, HEOL Y GRAIG, CWMAVON, PORT TALBOT SA12 9YD Decision Approval with no Conditions Ward Bryn & Cwmavon

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