CITY AND COUNTY OF

NOTICE OF MEETING

You are invited to attend a Meeting of the

AREA 1 DEVELOPMENT CONTROL COMMITTEE

At: THE COUNCIL CHAMBER, Civic Centre, SWANSEA

On: Tuesday 7th July 2009

Time: 2.00p.m. Members are asked to contact John Lock (Applications Manager) on 635731 or Fran Barnes on 635714 should they wish to have submitted plans and other images of any of the applications on this agenda to be available for display at the Committee meeting. AGENDA

1. Apologies for Absence.

2. Declaration of Interest To receive Disclosures of Personal and Prejudicial Interests from Members in accordance with the provisions of the Code of Conduct adopted by the City and County of Swansea. (NOTE: Members are requested to identify the Agenda Item /minute number/ planning application number and subject matter that their interest relates).

3. Minutes of the meeting of the Area 1 Development Control Committee held on 16th June and Site Visits held on 30th June 2009.

4. Meridian Quay, - Public Art and Public Realm Works.

FOR DECISION

5. Town and Country Planning - Planning Applications.

(a) Items for deferral/withdrawal. (b) Requests for Site Visits. (c) Determination of Planning Applications.

David M Daycock Head of Legal & Democratic Services 01.07.2009 Contact: Democratic Services 01792 636291

ACCESS TO INFORMATION LOCAL GOVERNMENT ACT 1972 (SECTION 100) (AS AMENDED) (NOTE: The documents and files used in the preparation of this Schedule of Planning Applications are identified in the ‘Background Information’ Section of each report. The Application files will be available in the committee room for half an hour before the start of the meeting, to enable Members to inspect the contents)

Item No. 2

Disclosures of Personal Interest from Members

To receive Disclosures of Personal Interest from Members in accordance with the provisions of the Code of Conduct adopted by the City and County of Swansea. You must disclose orally to the meeting the existence and nature of that interest.

NOTE: You are requested to identify the Agenda Item / Minute No. / Planning Application No. and Subject Matter to which that interest relates and to enter all declared interests on the sheet provided for that purpose at the meeting.

1. If you have a Personal Interest as set out in Paragraph 10 of the Code, you MAY STAY, SPEAK AND VOTE unless it is also a Prejudicial Interest.

2. If you have a Personal Interest which is also a Prejudicial Interest as set out in Paragraph 12 of the Code, then subject to point 3 below, you MUST WITHDRAW from the meeting (unless you have obtained a dispensation from the Authority’s Standards Committee)

3. Where you have a Prejudicial Interest you may attend the meeting but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise. In such a case, you must withdraw from the meeting immediately after the period for making representations, answering questions, or giving evidence relating to the business has ended, and in any event before further consideration of the business begins, whether or not the public are allowed to remain in attendance for such consideration (Paragraph 14 of the Code).

4. Where you have agreement from the Monitoring Officer that the information relating to your Personal Interest is sensitive information, as set out in Paragraph 16 of the Code of Conduct, your obligation to disclose such information is replaced with an obligation to disclose the existence of a personal interest and to confirm that the Monitoring Officer has agreed that the nature of such personal interest is sensitive information.

5. If you are relying on a grant of a dispensation by the Standards Committee, you must, before the matter is under consideration: (i) disclose orally both the interest concerned and the existence of the dispensation; and (ii) before or immediately after the close of the meeting give written notification to the Authority containing -

- details of the prejudicial interest; - details of the business to which the prejudicial interest relates; - details of, and the date on which, the dispensation was granted; and - your signature

Z:\Committees\A Agenda Pack\Cttees\Area 2\2008-09\08jun24\02 - Disclosures of Personal Interest.doc

CITY AND COUNTY OF SWANSEA

MINUTES OF THE AREA 1 DEVELOPMENT CONTROL COMMITTEE

HELD AT THE CIVIC CENTRE , SWANSEA ON TUESDAY 16TH JUNE 2009 AT 2.00 P.M.

PRESENT: Councillor A R A Clement (Chairman) presided

Councillor(s): Councillor(s): Councillor(s):

M E Gibbs A Lloyd I M Richard M J Hedges P N May D A Robinson D T Howells J T Miles J Stanton M R Jones B G Owen J M Thomas M H Jones D Phillips L G Thomas

Non-voting Members:

Councillor(s): Councillor(s): Councillor(s):

J E Burtonshaw R J Lloyd P B Smith E T Kirchner P Matthews

13. APOLOGIES

Apologies for absence were received from Councillors V N Abbott, W J F Davie, C R Doyle, J Evans, J B Hague, C A Holley, P Hood-Williams, B J Hynes, D H James, R D Lewis, H M Morris, R L Smith, D G Sullivan and S Waller Thomas.

14. DECLARATIONS OF INTEREST

In accordance with the provisions of the Code of Conduct adopted by the City and County of Swansea, no interests were declared.

15. MINUTES

RESOLVED that the Minutes of the Area 1 Development Control Committee held on 11th and 19th May and the Minutes of the Site Visits held on 19th May and 9th June be agreed as a correct record.

Minutes of the Area 1 Development Control Committee (16.06.09) Cont’d

16. ALLEGED PUBLIC FOOTPATH FROM CARMEL ROAD TO FOOTPATH NO. 38 - COMMUNITY OF LLANSAMLET

The Head of Legal and Democratic Services submitted a report outlining the request to register a path as a public right of way.

The evidence gathered and submitted and the consultation exercise undertaken were also detailed.

RESOLVED that Cabinet be recommended to approve that a Modification Order be made to register a public footpath via the route A-B on the map and if no objections are received to confirm the same as an unopposed order.

17. ALLEGED PUBLIC RIGHT OF WAY BETWEEN CEFN HENGOED ROAD AND CEFN ROAD, BONYMAEN

The Head of Legal and Democratic Services submitted a report outlining the request to register a path as a public right of way.

RESOLVED that the matter be deferred pending a site visit by Members to view the usage of the alleged public right of way.

18. ITEMS FOR DEFERRAL

RESOLVED that the undermentioned planning applications BE DEFERRED for the reasons shown.

(Item 3) Application No. 2008/1575

Two detached dwellings and one pair of semi-detached dwellings and one pair of semi-detached dwellings with integral garages at land between 57 and 63 Alltiago Road, Pontarddulais.

(NOTE: The reason given for deferment was to seek clarity from the developer on surface and foul water disposal.)

(Item 4) Application No. 2008/0869

First floor side balcony and access doors to provide a smoking terrace, ground floor doorway and 2 no. air conditioning grills at Unit 5A Salubrious Place, adjacent to 51-52 Wind Street, Swansea.

Minutes of the Area 1 Development Control Committee (16.06.09) Cont’d

(NOTE: The reason given for deferment was to seek the observations of the Council’s “Smoking Team” and seek guidance on Health and Safety Issues relating to the use of the balcony by customers.

19. ITEMS DEFERRED FOR SITE VISITS

RESOLVED that the undermentioned planning applications BE DEFERRED for the reasons shown.

(Item 6) Application No. 2008/1460

Two mid terrace retail units (Class A1) with first floor office/storage accommodation ancillary to the ground floor units at land adjacent to 63 Bernard Street, Brynmill.

(NOTE: The reason given for the site visit was to assess the impact on the amenities of adjoining properties and the street scene.)

(Item 7) Application No. 2008/2399

Proposed change from offices (Class B1) to 6 self contained flats with external alterations and a 4 storey extension to form 8 contained flats at 145 St. Helen’s Road, Swansea.

(NOTE: The reason given for the site visit was to assess car parking in the area.

(Item 8) Application No. 2008/1994

Construction of a mixed use development comprising a part 4 storey, part 5 storey block incorporating 3 no. ground floor Class 1 (retail)/Class A3 (food and drink) units, sea scout accommodation and 20 no. residential apartments and 23 no. 3/4 storey residential townhouses in 4 blocks plus car parking, public square and associated landscaping and infrastructure works (Area K) (reserved matter approval to outline planning permissions 2003/0808 granted 20th April, 2004) at Site K, Swansea Point, Maritime Quarter, Swansea.

Minutes of the Area 1 Development Control Committee (16.06.09) Cont’d

(NOTE: The reason given for the site visit was to assess the impact on road safety and residential amenity in the light of the likely increased demands for on street parking.

(Item 9) Application No. 2009/0368

Construction of five storey 164 bedroom hotel (Class C1) incorporating restaurant, bar and lounge facilities, meeting, conference and function rooms, fitness room and associated basement and surface level car parking, servicing and infrastructure works (Reserved matters approval pursuant to outline planning permission ref: 2003/0808 granted 20th April, 2004) at Former Spontex Site, Swansea Point, Swansea.

(NOTE: The reason given for the site visit was to assess the impact on road safety and residential amenity in the light of the likely increased demands for on street parking.

20. SCHEDULE OF PLANNING APPLICATIONS UNDER THE TOWN AND COUNTRY PLANNING ACT 1990

The Head of Planning Services submitted a schedule of outline applications, reserved matters and planning applications. Amendments to this schedule were reported and are indicated below by (#).

RESOLVED that:

(1) the undermentioned planning applications BE APPROVED subject to the conditions in the report and/or indicated below:

# (Item 1) Application No. 2008/2011

Retention of the change of use of the ground floor only from a retail warehouse (Class B8/A1) to retail use (Class A1) front canopy, new shop front and demolition and replacement of the single storey rear extension and 3 no. condensing units and 2 no. air conditioning units and external ducting at 67-69 St. Helen’s Avenue, Swansea.

Condition 1 amended to read:

The premises shall not be used by customers before 07.00 hrs. nor after 23.00 hrs. on any day unless previously agreed in writing with the Local Planning Authority.

Minutes of the Area 1 Development Control Committee (16.06.09) Cont’d

Condition 10 deleted.

Condition 11 amended to read…..

Within 3 months of the date of this permission, the 1.2. m high timber screen to the rear of the site shall be erected in accordance with the details shown on the approved plan and shall be retained as such unless the prior written approval of the LPA has been obtained. In addition the rear wall of the new extension shall be rendered and painted to match the colour of Park View Flats within six months of the date of this permission.

• an Obligation under Section 106 being entered into between the developer and the Local Planning Authority stipulating that the works and RTO’s required by condition 02 are paid for by the developer; and

• and additional condition 13 to read:

Within 1 month of this permission litter bin(s) shall be provided within the forecourt of the premises in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. The bins shall be retained for public use unless the prior written approval of the Local Planning Authority has been obtained.

Reason

In the interests of amenity.

(Item 2) Application No. 2009/0203

Single storey side extension at 15 Heol Gwanwyn, Llansamlet, Swansea.

(2) the undermentioned planning applications BE REFUSED subject to the conditions in the report and/or indicated below:

(Item 5) Application No. 2009/0634

Retention of two single sided internally illuminated free standing signs at Wychtree Service Station, Neath Road, Morriston, Swansea.

Minutes of the Area 1 Development Control Committee (16.06.09) Cont’d

(Item 10) Application No. 2009/0682

First floor extension at 30 Dinas Street, Plasmarl, Swansea.

21. APPEAL DECISIONS

RESOLVED that the Appeal Decisions be NOTED

The meeting ended at 3.07 p.m.

CHAIRMAN

S: Area 1 Development Control Committee 16 June 2009 (GB/GDL) 12 June 2009

CITY AND COUNTY OF SWANSEA

MINUTES OF THE AREA 1 DEVELOPMENT CONTROL COMMITTEE SITE VISITS

HELD AT THE CIVIC CENTRE, SWANSEA ON TUESDAY 30th JUNE 2009 AT 10.00 A.M.

PRESENT: Councillor A R A Clement(Chairman) presided

Councillor(s): Councillor(s): Councillor(s): M E Gibbs (e only) A Lloyd (a, b, c, d only) J M Thomas MJ Hedges (a only) P N May (a only) D H James (a, b, c, d only) D G Sullivan (a, b, c, d only)

1. APOLOGIES

Apologies for absence were received from Councillors V N Abbot, W J F Davies, C R Doyle, C A Holley, D T Howells, M R Jones, E T Kirchener, J Newbury, P B Smith, and R L Smith.

2. TOWN AND COUNTRY PLANNING SITE VISIT

Following deferment for a site visit at the meeting of the Area 1 Development Control Committee held on 16th June 2009, Members visited the undermentioned sites prior to their determination at the Committee scheduled for Tuesday 7th July 2009.

a) Planning Application No. 2008/1460 Two mid terrace retail units (Class A1) with first floor office/storage accommodation ancillary to the ground floor units at Land adjacent to 63 Bernard Street, Brynmill, Swansea b) Planning Application No 2008/2399 Proposed change of use from offices (Class B1) to 6 self contained flats with external alterations and a 4 storey extension to form 8 self contained flats at 149 St Helens Road, Swansea c) Planning Application No 2008/1994 Construction of a mixed use development comprising a part 4 storey, part 5 storey block incorporating 3 no. ground floor Class A1 (retail) / Class A3 (food and drink) units, sea scout accommodation and 20 no residential apartments and 23 no. 3/4 storey residential townhouses in 4 blocks plus car parking, public square and associated landscaping and

infrastructure works (Area K) (reserved matters approval to outline planning permissions 2003/0808 granted 20th April 2004) at Site K, Swansea Point, Maritime Quarter, Swansea d) Planning Application No 2009/0368 Construction of five storey 164 bedroom hotel (Class C1) incorporating restaurant, bar and lounge facilities, meeting, conference and function rooms, fitness room and associated basement and surface level car parking, servicing and infrastructure works (Reserved matters approval pursuant to outline planning permission ref : 2003/0808 granted 20th April 2004) at Former Spontex Site, Swansea Point, Swansea e) Alleged Public Right of Way between Cefn Hengoed Road and Cefn Road, Bonymaen.

The meeting ended at 12.00 pm.

CHAIRMAN

Z: Area 1 Development Control Committee Site Visits

Item No. 4

Report of the Head of Planning Services

Planning Permission 2004/0516 Approved on the 16th December 2004

MERIDIAN QUAY, MARITIME QUARTER

PUBLIC ART AND PUBLIC REALM WORKS

1.0 Background

1.1 Full planning permission was granted on the 16th December 2004 for the Meridian Quay development at Seagate/Ferrara Quay in the Maritime Quarter. This predominantly residential scheme comprises a 29 storey tower, two six storey blocks, one part six storey/part ten storey block, one part seven/part nine storey block and two nine storey towers. It also contains significant areas of public realm. The development is currently progressing towards completion during Autumn of this year.

1.2 The planning permission is subject to a number of conditions and a Unilateral Undertaking pursuant to Section 106 of the Town and Country Planning Act 1990.

1.3 As part of the Section 106 Obligation the developer is required to upgrade the wind mitigation structures. A maximum sum of £120,000 is specified for enhancement purposes over an above the base cost of £102,000.

1.4 A further requirement of the Section 106 Obligation is to design, create, fabricate and install high quality public art to a maximum cost of £50,000 in a location or in locations on the land, the design and position of which is to be in agreement with the Local Planning Authority.

2.0 The Current Position

2.1 The majority of the wind mitigation measures are now in place, including 3 large sail structures located on the northern side of Trawler Road, at a cost of £220,337.

2.2 Following negotiations, an additional sum of £95,000 has also been spent on enhancements to the public realm, both in the quality (primarily in the use of granite rather than concrete products) and scope of works. On this basis the developer has requested that the additional spend be considered in lieu of the aforementioned £50,000 public art requirements of the Section 106 Obligation.

3.0 Appraisal

3.1 In consideration of this, having regard to the size and siting of the enhanced wind mitigation structures, it is not considered that the site layout lends itself to further stand alone public art features, nor are further such features considered necessary. The architecture of the development is such that it does not lend itself to public art of the ‘bolt on’ type. Moreover, in this instance the public realm enhancements negotiated with the developer are considered to be of greater importance to the character and appearance of the development and for the benefit of those living in and visiting the area. It is considered unreasonable therefore to require the additional £50,000 public art requirement of the Section 106 Obligation.

4.0 Recommendation

4.1 It is recommended that the public realm enhancements as specified be accepted in lieu of the £50,000 public art requirements of the Section 106 Obligation.

CITY AND COUNTY OF SWANSEA DINAS A SIR ABERTAWE

Report of the Head of Planning Services to the Chairman and Members

of

Area 1 Development the Control Committee

DATE: 7th JULY 2009

19 30

4

16 21 2. BONYMAEN 3. CASTLE 17 4. CLYDACH 6. CWMBWRLA 22 15. LANDORE 26 16. LLANGYFELACH 17. LLANSAMLET 19. MAWR 6 15 2 21. MORRISTON 22. MYNYDDBACH 33 26. PENDERRY 30. PONTARDDULAIS 34 3 31 31. ST. THOMAS 33. TOWNHILL 34. UPLANDS

BRYAN GRAHAM B.A. (HONS); Dip. T.P.; M.R.T.P.I. HEAD OF PLANNING SERVICES CONTENTS

ITEM APP. NO. SITE LOCATION OFFICER REC.

1 2008/1994 Site K, Swansea Point, Maritime Quarter, Swansea APPROVE Construction of a mixed use development comprising a part 4 storey, part 5 storey block incorporating 3 no. ground floor Class A1 (retail) / Class A3 (food and drink) units, sea scout accommodation and 20 no residential apartments and 23 no. 3/4 storey residential townhouses in 4 blocks plus car parking, public square and associated landscaping and infrastructure works (Area K) (reserved matters approval to outline planning permissions 2003/0808 granted 20th April 2004)

2 2009/0368 Former Spontex Site, Swansea Point, Swansea APPROVE Construction of five storey 164 bedroom hotel (Class C1) incorporating restaurant, bar and lounge facilities, meeting, conference and function rooms, fitness room and associated basement and surface level car parking, servicing and infrastructure works (Reserved matters approval pursuant to outline planning permission ref : 2003/0808 granted 20th April 2004)

3 2008/1460 Land adjacent to 63 Bernard Street, Brynmill, Swansea REFUSE Two mid terrace retail units (Class A1) with first floor office/storage accommodation ancillary to the ground floor units.

4 2008/2399 149 St Helens Road, Swansea, SA1 4DP APPROVE Proposed change of use from offices (Class B1) to 6 self contained flats with external alterations and a 4 storey extension to form 8 self contained flats

5 2009/0522 42 Villiers Street, Swansea, SA1 2HD APPROVE First floor rear extension

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7th JULY 2009 ITEM APP. NO. SITE LOCATION OFFICER REC.

6 2009/0188 Warehouse rear of 5-8 Humphrey Street, Swansea, SA1 APPROVE 6BG Change of use from former carpet warehouse (Class A1) to community training centre (Class D1) and community events centre (Class D2) with fenestration alterations and roller shutter to front elevation

7 2008/1425 20 The Promenade, Mount Pleasant, Swansea APPROVE Conversion of existing house into three maisonettes, addition of front balcony, reconstruction and reduction of size of rear extension and associated fenestration alterations

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7th JULY 2009 AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 APPLICATION NO. 2008/1994 WARD: Area 1 Castle

Location: Site K, Swansea Point, Maritime Quarter, Swansea Proposal: Construction of a mixed use development comprising a part 4 storey, part 5 storey block incorporating 3 no. ground floor Class A1 (retail) / Class A3 (food and drink) units, sea scout accommodation and 20 no residential apartments and 23 no. 3/4 storey residential townhouses in 4 blocks plus car parking, public square and associated landscaping and infrastructure works (Area K) (reserved matters approval to outline planning permissions 2003/0808 granted 20th April 2004) Applicant: Persimmon Homes () Ltd

BACKGROUND INFORMATION

This application was DEFERRED FOR A SITE VISIT at the Area 1 Development Control Committee on the 16th June 2009 to assess the impact on road safety and residents’ amenity in the light of the likely increased demands for on-street parking.

The initial queries raised by the Environment Agency relating to the remediation of land affected by contamination and the protection of controlled waters, as detailed in my report of the 16th June 2009, have since been addressed. On the basis of a submitted Validation Report and Certificate of Substantial Completion, the Environment Agency have confirmed that there is no requirement for conditions relating to contamination in respect of the protection of water quality to be carried over to this reserved matters application.

POLICIES

Policy Policy Description Policy HC1 Allocation of housing sites for 10 or more dwellings. (City & County of Swansea Unitary Development Plan 2008)

Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).

Policy EV2 The siting of new development shall give preference to the use of previously developed land and have regard to the physical character and topography of the site and its surroundings. (City & County of Swansea Unitary Development Plan 2008).

Policy EV3 Proposals for new development and alterations to and change of use of existing buildings will be required to meet defined standards of access. (City & County of Swansea Unitary Development Plan 2008)

Policy EV4 New development will be assessed against its impact on the public realm. (City & County of Swansea Unitary Development Plan 2008)

Policy EV6 Scheduled ancient monuments, their setting and other sites within the County Sites and Monuments Record will be protected, preserved and enhanced. (City & County of Swansea Unitary Development Plan 2008) AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009 ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

Policy EV36 New development, where considered appropriate, within flood risk areas will only be permitted where developers can demonstrate to the satisfaction of the Council that its location is justified and the consequences associated with flooding are acceptable. (City & County of Swansea Unitary Development Plan 2008)

Policy HC19 The Tawe Riverside Park will be completed so as to enhance its ecology and appearance, improve its role as an attractive recreation area and complete the pedestrian and cycle network. (City & County of Swansea Unitary Development Plan 2008)

Policy AS1 Accessibility - Criteria for assessing location of new development. (City & County of Swansea Unitary Development Plan 2008)

Policy AS2 Accessibility - Criteria for assessing design and layout of new development. (City & County of Swansea Unitary Development Plan 2008)

Policy AS5 Accessibility - Assessment of pedestrian and cyclist access in new development. (City & County of Swansea Unitary Development Plan 2008)

Policy AS6 Provision of car parking in accordance with adopted standards. (City & County of Swansea Unitary Development Plan 2008)

Supplementary Planning Guidance:

Spontex and Adjacent Land Development Brief. October 1999.

SITE HISTORY

App No. Proposal 2003/0808 Mixed use development of housing, employment, commercial (leisure, restaurant/public house, hotel) and maritime uses, public open spaces (including a park, play area and promenade) and car parking, together with associated engineering and building operations, infrastructure and landscaping works (outline) Decision: Perm Subj to S106 Agree Decision Date: 20/04/2004

2004/0960 Construction of 124 dwellings comprising townhouses and apartments (up to 4 storey plus duplex) and associated car parking, landscaping, infrastructure, seafront promenade and 15 space public car park. (Phase A and B reserved matters approval pursuant to outline planning permission 2003/0808 dated 20th April 2004) Decision: Grant Permission Conditional Decision Date: 17/08/2004

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

2004/2915 Construction of 126 residential units and associated car parking, landscaping, infrastructure, seafront promenade, Marine Walk and Crescent Park. (Phases C and D reserved matters approval pursuant to outline planning permission 2003/0808 dated 20th April 2004) Decision: Grant Permission Conditional Decision Date: 21/06/05

2005/0880 Construction of new road and alterations to existing road Decision: Grant Permission Conditional Decision Date: 15/07/2005

2005/2097 Erection of part twelve storey, part thirteen storey and part 14 storey residential block providing 70 residential units, two ground floor retail/commercial units, surface and undercroft car parking and associated landscaping, infrastructure and servicing facilities Decision: Grant Permission Conditional Decision Date: 08/08/2006 2006/0144 Construction of 211 residential units comprising 131 no. 2 bed apartments, 42 no. 1 bed apartments and 38 no. town houses in 6 blocks between 3 and 5 storeys with associated car parking, landscaping, infrastructure and seafront promenade. (Phases E, F, G and H reserved matters approval pursuant to outline planning permission 2003/0808 dated 20th April 2004). Decision: Grant Permission Conditional Decision Date: 15/09/2006

2006/1127 Two 6 metre high floodlit public art sculptures Decision: Grant Permission Conditional Decision Date: 26/09/2006

2007/1420 Construction and laying out of a landscaped park incorporating pedestrian walkway, lighting and 4m high public art feature Decision: Grant Permission Conditional Decision Date: 09/04/2009

2007/2289 Construction of mixed use development comprising 4 storey 70 bed hotel, 161 residential units in 3 blocks of between 4 and 7 storeys with 11 ground floor retail (Class A1)/commercial (Class A3) units, sea scout accommodation, car parking, public square and associated landscaping and infrastructure works (Phases J & K) (reserved matters approval to outline planning permission 2003/0808 granted on 20th April 2004) Decision: Withdrawn Decision Date: 12/12/2007

2008/0235 8.2 metre high light sculpture on 2 metre high base Decision: Grant Permission Conditional Decision Date: 15/12/2008 AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009 ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

2008/1988 Construction of mixed use development comprising a 5 storey block incorporating 3 no. ground/first floor (retail - Class A1) commercial (Class A3) units, sea scout accommodation and 20 no residential apartments and 23 no. 3/4 storey residential townhouses in 4 blocks, car parking, public square and associated landscaping and infrastructure works (Phase K) (reserved matters approval to outline planning permissions 2003/0808 granted 20th April 2004) Decision: Withdrawn Decision Date: 03/10/2008

2009/0368 Construction of five storey 164 bedroom hotel (Class C1) incorporating restaurant, bar and lounge facilities, meeting, conference and function rooms, fitness room and associated basement and surface level car parking, servicing and infrastructure works (Reserved matters approval pursuant to outline planning permission ref : 2003/0808 granted 20th April 2004) Decision: CALLED IN Application (Swansea) Decision Date: 09/04/2009 c. Response to Consultations

The application was advertised on site and in the local press. No public response received.

Ferrara Quay Residents’ Association – We object strongly to this further development. Road access is already extremely bad and the area is becoming over-populated with apartments.

Residents have suffered many years of constant building and disruption to the only road access – a single carriageway.

Swansea Civic Society – We are pleased to see the last piece of the residential jigsaw completed within the Maritime Quarter. It is also good to see that it incorporates town houses and hopefully this will encourage greater diversity with family taking up residence.

We are also pleased to see that local architects have been used; however we find the design somewhat disappointing as it appears to be somewhat of a standard model seen in every waterfront development.

The design is very similar to the design of the hotel on Princess Way, which is disappointing. It would be a great show of confidence if a design that related to our own special characteristics would be incorporated. The site is right on the seafront therefore offering opportunity for an imaginative maritime theme.

Practical problems we have with the design:

We would question wood for external decoration, due to the exposure of the site. This unfortunately shows signs of erosion very quickly, as may be seen in the recently completed Kings Dock development. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

Render would seem more appropriate for long term maintenance. The wood on the flats facing Kings Dock is already looking worn and there are problems with pigeon droppings. (We have also noted a problem with modern rendering. Many of the buildings built in the last 5 years have dirty water lines running down the front of the buildings and we feel this needs to be addressed as it downgrades the building in a short period of time – it seems to only take 1 – 2 years to develop this problem).

The windows are standard ones one see in all new designs and are featureless. Some features, such as, recesses where people could put pot plants would upgrade the design considerably.

Commonwealth War Graves Commission – There do not appear to be any war graves in the area affected by the proposed development.

Countryside Council for Wales – No comments.

Welsh Water – Request conditions and advisory notes within the consent to ensure no detriment to existing residents or the environment and to Welsh Water’s assets.

Environment Agency – There are a number of outstanding concerns, originally raised at the outline application which are yet to be resolved. The Agency comments made during the consultation phase for outline planning permission (our ref. CY/2003/000221 and SH/2003/012257) should therefore be taken into consideration.

The concerns are outlined in brief below:

With regard to flood risk, the Agency acknowledge that a Flood Consequences Assessment (FCA) has been submitted to support this reserved matters application (ref. CIV10097/FCA01, Atkins, May 2008). This confirms that following some raising of ground levels at the northern end of the application site, the proposed site will satisfy Tables A1.14 and A1.15 of TAN15. However, the only vehicular access to the site remains to be via the existing Trawler Road. As previously advised, parts of this road are at risk of flooding to a potential depth of up to 1m. This is in excess of the guidance in Table A1.15 of TAN15.

The FCA suggests an alternative emergency access/egress route along the Promenade. Again, as advised during earlier consultation on this site, there are serious concerns regarding the safety of this route during storm events, when it is known that waves break through the path.

The FCA also suggests that the occupants of the development would either be evacuated from the building following a flood warning, or would remain within the building as this would constitute a safe refuge.

However, although the proposed site will be designed to be flood free in the extreme tidal flood event, the existing access/egress arrangements do not comply with the guidance contained in TAN15. As a result the Agency’s concerns relating to the safety of persons evacuating along this route therefore remain.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009 ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

The suitability of the proposed emergency evacuation/refuge procedures must be considered fully by your Authority, to ensure the safety of the public/future occupiers. However, whether this issue is a constraint to development is a matter for your Authority to determine.

The other main issue of concern is in relation to the assessment and remediation of land affected by contamination and the protection of controlled waters.

Integral Geotechnique, stated in their correspondence of 18 Nov 2005 (ref. 8431/MJE/KEF) that it was the intention to import soil on to the site for use as a cover system. The Agency recommended that a copy of this letter and results were made available to the Council’s Environmental Health Officers, who would then be able to provide advice regarding the imported material and its suitability for use at the site and other potential pollutant linkages at the site.

In addition, the Agency requested leachate analysis from the imported material be submitted. As far as the Agency are aware, no leachability data was supplied with the previous application and no data has yet been submitted in support of this reserved matters application. As stated in the Agency response of 12 Jan 2006 (ref. CY/2003/000221/09 ), “if the Local Authority does not require the developer to provide leachability data as part of the planning condition, then your Environmental Health Officers are better placed to provide comment on the materials suitability in use as a cover system”.

A remedial strategy has been agreed previously for this site and this should be reflected in any permission granted under this new application.

It should be noted that since the application for outline planning was submitted, guidance for standards have moved on and the Agency would recommend that reference be made to Model Procedures for the Management of Land Contamination Contaminated Land Report 11 (CLR11) and the Agency website for current guidance and a copy of CLR11.

With regard to drainage from the site, during the outline application, the Agency recommended that sustainable drainage systems (SUDS) be utilised (dependant upon contamination of land) for the disposal of surface water. The Agency note however that the application states surface water disposal is to be via surface water drains. The developer should be encouraged to implement some form of SUDS within the development, for example permeable paving and grey-water harvesting systems. Further guidance on SUDS is available from and The Agency request to be contacted regarding any necessary treatment and disposal of surface and recharge water during the development works and the developer note that a Consent to Discharge may be necessary.

During the construction phase, all appropriate pollution control measures must be adopted on-site to ensure that the integrity of controlled waters and the wider environment is assured. The developer is advised to refer to the Agency’s pollution prevention guidance notes (PPGs), which are available to download from our website www.environment-agency.gov.uk/ppg

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

The Agency are aware of a surface water drain that runs through the site, which leads to the River Tawe. This must be protected whilst construction is carried out to prevent any contaminated run-off entering the Tawe.

The Agency advise that in June 2007, a warning letter was sent from to Persimmon Homes regarding pollution that had entered the river Tawe from their Trawler Road development, due to the surface water drain acting as a pathway for pollution to enter the Tawe.

Developers must ensure that there is no possibility of contaminated water entering and polluting surface or underground waters. The provisions of the Water Resources Act 1991 (as amended), must be complied with and in particular, the developer must not cause or permit any poisonous, noxious or polluting matter, (which includes soils, silts or suspended solids), to enter controlled waters.

To further prevent pollution of controlled waters, the Agency also ask that all surface water drainage from parking areas and hardstandings be passed through trapped gullies with any overall capacity compatible with the site being drained.

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

The Agency request to be consulted in good time regarding any proposed movements of waste materials across the site, as well as disposal off-site as it is being prepared and developed. Suitable sampling protocols should be discussed, and appropriate disposal routes ascertained.

Within the Environmental Impact Assessment submitted at the outline stage, section 6.1 provided details of a nature conservation management plan for the dune system to be adopted and implemented. This was welcomed by Agency as they would like to see the protection of the complete sand dune system. The management plan should aim to manage the erosion and public access issues within the dunes, along with protecting the rare species and limiting the encroachment of shrub material. Recreational access should still be incorporated and consideration given to the use of some educational/information signs explaining the dune ecology.

In addition the Agency request that the dunes be fenced off during construction and all relevant site personnel informed of their importance as a habitat.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

Consideration should be given to future management of the alien plant species, Japanese Knotweed found on site, as it has the potential to re-grow following herbicide spraying. Provision should be made for spraying of the material over a period of years as part of the site management. The developer should note that the prior written approval of the Environment Agency is required before the use of any herbicide in or near any surface water feature can be undertaken.

If during construction/excavation works any contaminated material is revealed then the movement of such material either on or off site should be in consultation with the Environment Agency.

If controlled wastes are to be utilised for construction purposes the developer must register the activity with the Environment Agency Wales. The Duty of Care Regulations apply to all movements of controlled waste.

Wherever practical the quantity of waste arising from demolition works should be reduced. In this regard the developers should consider the reuse of existing material within the proposed development site. This will reduce the potential impact on existing landfill facilities.

The developer should also be made aware that under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws, the prior written consent of the Environment Agency is required for any proposed works or structures in, under, over or within 7 metres of the top of the bank of the River Tawe.

Glamorgan Gwent Archaeological Trust – You will recall that archaeological mitigation work has been requested for this site and a programme of archaeological work and a programme of building recording has been undertaken as a result. The reports on this work have been accepted and the Trust has previously recommended the discharge of the archaeology conditions. The Trust therefore have no further comments to make concerning this site.

Highway Observations –

1. Introduction

1.1 This application for reserved matters follows outline consent granted (ref 2003/0808) and relates to the redevelopment of the former Spontex site located off Trawler Road in the Maritime Quarter. The site has had consent for a mixed use development for residential and commercial uses incorporating 577 residential units together with a 60 bed hotel, 39 live/work units and a number of restaurant uses.

This particular reserved matters application relates to 23 townhouses, 20 apartments, three small retail units and sea scout accommodation.

1.2 In order to assess the impact of the development, a Transport Assessment was submitted with the outline application.

2. Vehicular Access and Traffic AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

2.1 The only access to the site is gained off Trawler Road leading to Fishermans Way. Trawler Road is adopted and terminates at the south-east corner of the overall site, at Harbour Square View.

2.2 The Transport Assessment indicated that the Highway Network could cope with the additional traffic generated by the proposal.

2.3 The access through roads to the sites will not be adopted but however do comply with the widths associated with adopted highways. Two vehicular accesses are shown, one to access the townhouses and the other to access the apartments/retail units.

2.4 In general the visibility splays are acceptable but on plots TT19 to TT23 and T2- 1 the boundary to Trawler Road will need to be kept below 1m to maintain adequate visibility. This also applies to the front boundary of K1 block.

2.5 Footways are indicated but are shown as being outside the red-edged boundary. If they have not already been constructed then they should be installed under a section 278 Agreement at the Developer’s expense.

2.6 For this level of mixed use and residential development a Travel Plan should be prepared to encourage non car modes of transport to the site, particularly in view of the Sea Scout accommodation, visitors to which in the main are not likely to be car borne.

3. Car Parking

3.1 The development has been assessed against adopted parking guidelines. Residential parking is in accordance with Central Area standards.

3.2 The town houses have an integral garage plus one parking space on drive, giving two spaces in total which is appropriate for the size of the dwellings in accordance with central area standards. The parking provision has been reduced for aesthetic/planning considerations and to enhance access to the dwellings for disabled/pushchairs. The apartments have one space which is in accordance with the central area parking guidelines which advise one space per apartment. No parking is provided for the retail units nor the sea scout accommodation.

3.3 Car parking is provided in the form of integral garages on drive parking and surface parking areas, all accessed off two at-grade separate drives off Trawler Road.

3.4 The majority of the roads surrounding the site are protected by Traffic Regulation Orders in the form of double yellow lines which should keep the highway free from parking and maintain the bus route obstruction free.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

4. Pedestrian and Cycle Access

4.1 Pedestrian and cycle facilities are to be enhanced by the development. The promenade (width 6m) will be extended along the site frontage and link up to the riverside. This will provide combined cycle/pedestrian use and also accommodate an extension to the land train route. Additional pedestrian/cycle routes will cross the site and there is also a new swing-bridge to be constructed across the Marina entrance, which will provide an extension to the riverside pedestrian/cycle route. Where cycle/pedestrian routes will cross Trawler Road, special treatment will be necessary to enhance safety and this can be incorporated into the 20mph zone requirements.

4.2 There are no cycle stands provided for the apartments nor the retail uses and this should be addressed. The garages associated with the townhouses will be assumed to be capable of catering for cycle parking for those dwellings.

5. Public Transport

5.1 The extension of Trawler Road will provide a termination point for an enhanced bus service. Under the terms of the site development brief, public transport frequency was increased to an hourly service, which is double the previous frequency. The number 7 service serves the Marina and runs at one hour frequency.

5.2 The termination point is at Harbour View Square where there are some commercial elements in addition to the residential development of Swansea Point.

6. Conclusions

6.1 The Transport Assessment included with the outline consent indicated that the main access junction can accommodate the increased traffic and remain within its capacity.

6.2 Pedestrian, cycle and public transport facilities will be catered for within the development with enhancements being proposed and improvements to safety through the upgrading of Trawler Road and the introduction of a 20mph limit.

7. Recommendations

7.1 No highway objection subject to the following;

i. All adoptable highway works including the Promenade being completed to Highway Authority Standards and Specification. This includes the new footway construction along the Trawler Road frontage of the site.

ii. Garages shall remain for parking purposes only incidental to the residence only.

iii. The boundary details along the Trawler Road frontage should be submitted for approval to the Highway Authority to ensure that adequate visibility is maintained for accessing/egressing vehicles and pedestrians. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

iv. A revised scheme for cycle storage shall be submitted for approval to the Highway Authority, to provide suitable cycle storage facilities for the apartments and retail uses.

v. The applicant be required to submit a Travel Plan for approval within 12 months of consent and that the Travel Plan be implemented prior to the beneficial use of the building commencing.

Appraisal:

This application is reported to Committee at the request of Councillor Alan Lloyd.

The application seeks reserved matters approval for the construction of a mixed use development comprising a part 4 storey, part 5 storey block incorporating 3 no. ground floor Class A1 (retail) / Class A3 (food and drink) units (with potential mezzanine level), sea scout accommodation and 20 no residential apartments and 23 no. 3/4 storey residential townhouses in 4 blocks plus car parking, public square and associated landscaping and infrastructure works. The application forms part of the mixed use development at Swansea Point in the Maritime Quarter.

Outline planning permission was granted in April 2004 for a mixed use development of the former Spontex site for housing, employment, commercial (leisure, restaurant/public house, hotel) and maritime uses, public open spaces (including a park, play area and promenade) and car parking, together with associated engineering and building operations, infrastructure and landscaping works, subject to conditions and a Section 106 Agreement. (Planning application 2003/0808 refers). The outline application was accompanied by Swansea Point Masterplan and it is conditioned that all reserved matters applications shall accord with the development principles set out within the approved Masterplan document, unless otherwise agreed by the Local Planning Authority.

The former 'Spontex' site, now renamed 'Swansea Point', is a transition between the existing Maritime Quarter, , the Tawe and 'SA1 Swansea Waterfront' on the opposite bank of the Tawe. The applicant's vision, as set out in the approved Masterplan, is of a contemporary high quality mixed use development contrasting with the architectural design of the existing Maritime Quarter development of the 1980s and 90s to the east of the site. This approach is reflected in the development completed to date.

The Swansea Point Masterplan describes a phased development, essentially evolving in a west to east direction across the site. The seafront and riverfront promenades will be developed as integral parts of each adjacent development area. Phase 1 was the site remediation and highway infrastructure works. Phases 2, 3, 4 and 5 relating to Areas A through to H have been approved and are complete (reserved matters applications 2004/0960, 2004/2915 and 2006/0144 refer). These Areas are confined to the south and west of Trawler Road and are entirely residential in nature. Reserved matters approval has also been granted for Area L in the south east of Swansea Point for the erection of a 14 storey residential block (known as Aurora) with two ground floor retail/commercial units (reserved matters approval 2005/2097 refers). This too has been completed.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

Areas J and K (Phases 6 and 7) are therefore the two vacant remaining sites making up the Swansea Point development. The approved Masterplan for Swansea Point envisages a mixed use quarter in these areas, located around Atlantic Square; a new public space, focused on the attractive barrage area and the pedestrian link across the river to SA1.

A separate reserved matters application, in respect of Area J, for the erection of a five storey 164 bedroom hotel (Class C1) incorporating restaurant, bar and lounge facilities, meeting, conference and function rooms, fitness room with associated basement and surface level car parking, servicing and infrastructure works is currently being considered as a separate item on this Area 1 Development Control Committee agenda. (Planning application 2009/0368 refers).

This application relates to Area K located between the north eastern side of Trawler Road and Pilot House Wharf on the Tawe riverside. The site, which is roughly rectangular in shape, is a currently vacant development platform of approximately 0.6 of a hectare. The south westerly part of the site fronts directly onto Trawler Road whilst the southern boundary adjoins that of the Aurora site and Harbour View Square. The north eastern boundary in part adjoins the West Pier with the remaining length adjoining Pilot House Wharf, alongside the lock and barrage. The former Customs House and Sea Scouts premises are located alongside the northern end of the boundary to Pilots House Wharf. The principle of demolishing both these Council owned buildings for this phase of the Swansea Point development has been established at outline planning permission stage. The Custom House building is currently vacant whilst the new accommodation for the sea scouts forms part of this proposal. The application site development platform sits above the level of Pilots House Wharf. The north western boundary to the site directly adjoins vacant Area J, on which, as described above, it is proposed to erect a 164 bed hotel.

The mixed use quarter of Swansea Point is a significant part of the overall development and is to be located around Atlantic Square. This area is intended as being the heart of the mixed use development of Swansea Point, with the commercial frontages providing a dynamic shape to the square, opening out onto the river and barrage. The main challenge in the design of Atlantic Square is to address the 3.5m change in levels between Trawler Road and Pilots House Wharf. In order to achieve a satisfactory transition between the two levels, the proposal incorporates the major level changes at the eastern Boundary of the ‘square’ through a flight of steps for the able bodied and an accessible slope to join at a landing with the riverside promenade for all users.

The proposed built element of the proposal would be set out in 5 distinct blocks. The northernmost block would be ‘L’ shaped and would have a splayed building line to Atlantic Square, opening up from the Trawler Road end towards Pilot House Wharf. The elevation facing onto Atlantic Square would incorporate 3 commercial units at ground floor with 3 storeys of residential apartments above. The north western corner unit would also incorporate a frontage and an opening onto Trawler Road. A unit facing out onto Pilots House Wharf is to be used as new accommodation for the Sea Scouts, in place of their current accommodation, which is to be demolished. The accommodation would take place over two storeys, with 3 storeys of residential accommodation above. Pedestrian and vehicular access to the residential units and associated car park, would take place off Trawler Road, to the rear of the commercial units. The parking area would be screened from Trawler Road by a wall incorporating a pedestrian access gate and sliding vehicular access gate.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009 ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

The two residential blocks facing out onto the riverside would comprise 13 no. 4 storey town houses with private ground floor terraces elevated above the adjoining promenade. The fourth floor level would be set back at the rear to create a second terrace area to the master bedroom.

The residential block fronting onto Trawler Road would comprise 5 no. 3 storey town houses with rear amenity area, whilst the residential block facing Aurora would comprise 5 no. 4 storey town houses with front private amenity area. Again the fourth storey would be set back to create a terrace area to the mater bedroom. Vehicular access to the town houses would take place off Trawler Road. Each of the townhouses would incorporate a garage and driveway car parking.

External finishes to the buildings would largely comprise through coloured render, timber boarding and metal standing seam roofs.

The Masterplan for Swansea Point details Atlantic Square in the form and location currently proposed. The block on the south eastern side of the square is detailed in the Masterplan with ground floor commercial uses and 3 storeys of live / work units above. At the south eastern corner of the square, the Masterplan envisaged a 6 storey hotel above ground floor leisure uses. A multi-level public and private car park is shown to the rear of the hotel and commercial and live / work units. The remainder of the blocks facing the riverside and those facing Trawler Road and Aurora are allocated for residential use, varying in height from 5 to 7 storeys on the riverside, 5 storeys facing Aurora and four storeys to Trawler Road.

As indicated above, Condition 5 of the outline planning permission states that unless otherwise agreed with the Local Planning Authority, reserved matters applications shall accord with the development principles set out within the Swansea Point Masterplan. Furthermore, Condition 6 of the outline planninng permission states that unless otherwise agreed with the Local Planning Authority, the total development capacity shall not exceed the total capacity indicated in the Swansea Point Masterplan and Environmental Statement.

In this respect the approved Masterplan envisaged that the Swansea Point scheme could deliver between 500 and 600 units in apartments and houses. Atlantic Square was envisaged as the focal point for the mixed use development with 620 sq m of A3/leisure use on the north side of the Square, 550 sq m of A3/leisure use on the south side and a further 400 sq m of A3/leisure use on the gournd floor of the hotel. 300 sq m was allocated for the relocation of the Sea Scouts and a 60 bed 3* hotel was envisaged on 6 floors above commercial/leisure uses. Finally, the Masterplan envisaged a capacity of 1,650 sq m of live work units on the south side of Atlantic Square, above the A3/leisure ground floor uses.

In terms of the commercial element, the application seeks to deliver 263 sq m of commerical space in 3 units on the southern side of Atlantic Square, set against the 550 sq m envisaged in the Masterplan. The new Sea Scout accommodation would amount to 206 sq m as apposed to the 300 sq m allocated in the Masterplan. Turning to the number of residential units at Swansea Point, to date 533 have been approved and completed whilst a further 43 are proposed as part of this reserved matters application. This totals 576, thereby falling within the capacities envisaged by the Masterplan. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

The commercial and residential elements of the proposal are therefore below the capacities considered as part of the outline planning permission and accompanying Masterplan.

Whilst the Masterplan makes reference to multi-level public and private car parking to the rear of the commercial units fronting onto Atlantic Square, the Section 106 Agreement attached to the original outline planning permission sets out the specific requirements for car parking at Swansea Point. This places an obligation on the developer in the first instance to provide a 15 space visitor car park in the south west corner of the site. This provision has been met. Secondly the obligation requires the developer to deliver 25 public visitor spaces in the south eastern corner of the site. This too has been delivered. Thirdly, the obligation requires the developer either provides a 40 space visitor car park and 25 spaces for commerical uses within development Area K (the application site) or refurbish the existing Pau Square multi-storey car park on the corner of Slipway Road and Trawler Road. The latter option has been pursued and 65 spaces are available on a pay and display basis at the aforementioned multi-storey car park. In addition, a further 25 commercial spaces have been provided alongside the 25 public spaces located adjacent to Harbour View Square, in the south east corner of the site.

As set out in the appraisal for reserved matters application 2009/0368, it is acknowledged that the proposed hotel is larger than that envisaged in the masterplan. However, given the strong Development Plan Policy support for such a proposal in such a location; the acknowledged benefits to the success of Atlantic Square and the wider benefits to the Maritime Quarter and the Council’s Waterfront City aspirations, the departure in terms of the location and size of the hotel is considered justified.

In reaching the conclusion that the hotel would have greater benefits in delivering the mixed use heart of Swansea Point in the focus around Atlantic Square, the substitution of this use from the Riverside with part retail, residential and new Sea Scout accommodation is also considered acceptable.

Turning to the site specific policy allocation, UDP Policy HC1 allocates Swansea Point for residential purposes with an anticipated number of residential units in accordance with the Masterplan and the approved and proposed provision (up to 600 units). The allocation acknowledges that planning permission has been granted for the site, which, as already stated, is for a mixed use development, including Class A1 (retail) and Class A3 (food and drink). In land use terms therefore, the current application is in accordance with the outline planning permission and provides the final contribution towards the delivery of the desired quantum of residential development at Swansea Point, as required by UDP Policy HC1.

Given that the principle of a mixed use development has been established in this part of Swansea Point, the issues to be considered for this reserved matters application are whether the details submitted are satisfactory in terms of layout, design, and external appearance, having regard to the Masterplan, adopted Development Brief and UDP Policies EV1, EV2, EV3 and EV4, which set out the criteria against which all new development should be assessed. There are considered to be no additional issues arising from the provisions of the Human Rights Act.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

Policy EV1 of the UDP requires new development to accord with 11 specified objectives of good design. In this respect, as detailed above, in the location of the currently proposed residential development, the Swansea Point Masterplan envisaged buildings of a larger scale, particularly so on the riverside and facing onto Aurora/Harbour View Square. The previously anticipated scale was intended to act as a transition to the step change in height to the Aurora 14 storey residential block and to provide greater presence to the riverside and Harbour View Square. Such scale however can only be achieved by apartment type buildings, for which there is currently no demand in the housing market.

Set against this context, the 3 storey town houses fronting onto Trawler Road are considered to adequately reflect the existing scale of residential development on the opposite side of the street, whilst the four storey town houses proposed for the riverside and to Harbour View Square are on balance also considered to provide adequate scale.

The development itself is laid out in perimeter blocks behind which a landscaped courtyard accommodates parking and turning. The units onto Trawler Road benefit from ‘front doors’ onto the street which are convenient for residents and which provide activity and interest in the street scene. The units onto the river and Harbour View Square benefit from ground floor terraces which would be surrounded by low railings to maximise interaction and natural surveillance of the public realm in a similar manner to the existing Promenade areas of Swansea Point.

In the northern part of the site a mixed use block is proposed. This comprises active uses in the form of three units on the ground floor to Atlantic Square, which could accommodate cafes/restaurants or shops. The ground floor to the riverside also comprises new accommodation for the Sea Scouts including boat storage and access to a first floor club room, which would also generate activity and interest. The upper three floors accommodate apartments with balconies. This is considered to provide a good sense of enclosure to Atlantic Square and presence to the riverside promenade. The balconies add interest and create a lively façade appropriate to this space.

In general terms the proposed materials (other than PVC windows, doors and rainwater goods) are considered to be acceptable and reflect the existing phases of development already completed. A condition is however recommended to control precise details and colours etc. A further condition is recommended so as to control the means of enclosure and ensure natural surveillance and a positive backdrop to areas of public realm is achieved.

On balance, the benefits of developing and completing this final phase of residential development are considered to outweigh any concerns relating to its scale. In this regard it is considered to be of significant importance that the site is properly completed and does not lie vacant pending an upturn in the demand for apartment development, resulting in potential uncertainty and blighting of the site for an unknown period of time. In terms of design, scale and massing therefore, the proposed residential development is considered to represent an acceptable compromise having regard the urban design objectives for the site and the prevailing market conditions.

A further criteria of Policy EV1 is that the development should not result in a significant detrimental impact on local amenity in terms of visual impact, loss of light or privacy, disturbance and traffic movements. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

Dealing firstly with the visual impact of the proposal, larger scale development has been assessed and found to be acceptable for this part of the Swansea Point development. Whilst ideally the scheme would achieve greater levels of scale/presence, particularly facing Aurora and on the riverside, it is considered nevertheless that the nature of the development is such the proposal will have a positive impact on visual amenity, having regard in part to the current vacant and untidy appearance of the site. Given the scale of development and the separation and orientation to existing dwellings, it is not considered that the proposal will result in an unacceptable loss of light or privacy. In terms of future residents, it is considered that the proposal is laid out in a manner that will ensure that privacy levels will not be unacceptably compromised within the development itself. The south eastern townhouse alongside the riverside will however be subject to significant overlooking from the balconies of the adjacent Aurora development. Given the differences in scale this is largely unavoidable and is not considered to be sufficient reason to warrant refusal of this application. Furthermore, opportunity exists to mitigate levels of overlooking with a pergola structure, the design and extent of which can satisfactorily be addressed by way of condition.

Turning to the issue of general disturbance and vehicular movements, the principle of a mixed use development at this location has been established by the outline planning permission for Swansea Point. Indeed the mixed use quarter was envisaged as a significant part of the Swansea Point development, located in the main around Atlantic Square. This newly created square was therefore planned to provide a wide range of A3/leisure uses and support activities to enliven the public realm for those working, living and visiting the area. To this end, the ground floor of the units fronting onto Atlantic Square, and in part Trawler Road and the riverside, are allocated in the Masterplan for commercial uses, including retail, food and drink and leisure uses. An increased critical mass/activity in this area is therefore recognised as fundamental to the success of Swansea Point and significant in its contribution towards Swansea’s aspirations as a Waterfront City. Residents therefore should realistically expect a level of activity akin to a mixed use urban area rather than that of a suburban location. Within this context it is not considered that the proposal will result in unacceptable levels of disturbance to existing or future residents of Swansea Point.

The final criteria of Policy EV1 is that development will be required to have regard to the desirability of preserving the setting of any listed building. In this respect, the northern most corner point of this site adjoins Pilot House, which is a grade ll listed building comprising a compact two storey red brick structure with tall crenellated (outlook) tower on its northern end. As detailed above, the application proposes to construct Atlantic Square in this location, overlooked by 4 storeys of commercial and residential development. It is considered therefore that the contemporary design of the built element of the proposal will not compete with that of Pilot House and coupled with the creation of a new public square the proposal will significantly enhance the setting of this listed building. Further weight is added to this conclusion having regard to the current appearance of the site as well as its former industrialised appearance.

Having regard to the forgoing, the proposal is considered to accord with the provisions of UDP Policy EV1.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

UDP Policy EV2 requires that the siting of new development should give preference to the use of previously developed land over greenfield sites, and must have regard to the physical character and topography of the site and its surroundings by meeting a number of specified criteria. In accordance with the requirements of this policy, the proposal forms one of the remaining areas to be completed at this previously developed former industrial site.

The first criteria of Policy EV2 is that development should avoid locations that would have a significant adverse impact on prominent buildings, landscapes, open spaces and the general locality, including loss of visual amenity. Having regard to the design of the proposal as well as the current appearance of the application site, it is considered that the proposal will have a positive landscape impact and will deliver an area of open space/public realm that is critical to success and deliverability of the mixed use element of Swansea Point.

In terms of the loss of visual amenity, it is considered that the properties most affected would be those located directly opposite the proposal along Trawler Road. Notwithstanding that the impact of a proposal on an individual view is not in itself a material planning consideration, (although the visual/physical impact of a development clearly is), planning permission has effectively been granted for the development of this area and therefore some degree of impact on visual amenity is to be expected. Furthermore, the scale of the current proposal is significantly less than that envisaged in the Swansea Point Masterplan and accordingly the impact on visual amenity is reduced from that of the potential fall back position. In addition the site is presently vacant and unattractive and therefore it is considered that development in the manner proposed will have a positive impact on visual amenity.

As stated above, in accordance with specified criteria of Policy EV2, the site is well located in terms of the City Centre, it is located on a bus route and is in close proximity to the National Cycle Network.

A further criteria of Policy EV2 is whether the proposal would be at risk from flooding, increase flood risk off-site, or create additional water run-off. Similarly Policy EV36 states that new development, where considered appropriate within flood risk areas, will only be permitted where developers can demonstrate to the satisfaction of the Council that its location is justified and the consequences associated with flooding are acceptable.

With regard to the issue of flood risk, the Environment Agency acknowledge that a Flood Consequences Assessment (FCA) has been previously submitted for this area and that this confirms that following some raising of ground levels at the northern end of the application site, the proposed site will satisfy Tables A1.14 and A1.15 of Technical Advice Note 15: Flood Risk (TAN 15). However, it is the Agency’s concern that the only vehicular access to the site remains to be via Trawler Road. As previously advised, parts of this road are at risk of flooding to a potential depth of up to 1m. This is in excess of the guidance in Table A1.15 of TAN15.

The FCA suggests therefore that the occupants of the development would either be evacuated from the building following a flood warning, or would remain within the building as this would constitute a safe refuge.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

However, despite this position and although the proposed site will be designed to be flood free in the extreme tidal flood event, the existing access/egress arrangements do not comply with the guidance contained in TAN15. As a result the Agency’s concerns relating to the safety of persons evacuating along this route therefore remain.

The issue of emergency access/egress is however a matter that was controlled by way of condition as part of the outline planning permission. In considering the discharge of that condition, the Environment Agency sought confirmation that the emergency services would be happy to travel through such flood conditions in order to reach the site and that their vehicles are able to cope with such a depth of flooding for the distance involved. Confirmation on this matter was subsequently received from Mid and West Wales Fire and Rescue Service that they had no issue with driving through the depth of flood water specified. Accordingly the condition relating to emergency access/egress was subsequently discharged. Given therefore that the buildings themselves would satisfy the requirements of TAN 15 in respect of flood risk, and that emergency access/egress details have previously been agreed, it is considered reasonable to conclude that the proposal would satisfactorily address the requirements of Policies EV2(ix) and EV36.

It is considered that the nature of the proposal is such that it would not result in any environmental pollution issues nor would it result in the creation of any unacceptable environmental pollution to the detriment of neighbouring occupiers in terms of light, air and noise; subject to appropriate conditions relating to the opening times of the commercial units.

The final relevant criteria of Policy EV2 is that the development of the site fully addresses issues of contamination. Again this issue has been controlled by the relevant conditions from the original outline permission, as recommended by the Environment Agency and the Head of Environment, Management and Protection. Subsequently the site has undergone a number of site investigations since the closure of the former Spontex works. The site remediation strategy has been formally agreed by the Environment Agency and the Local Planning Authority and conducted in line with the contents of that strategy. Existing structures were demolished and foundations removed. Localised contamination has been removed and remediated.

On the issue of imported material, the Environment Agency have raised a number of queries for deferral to this Council’s Environmental Health Officers. In response, the Head of Environment, Management and Protection has advised that the site has been progressively excavated and selected materials replaced in a controlled manner. The Head of Environment, Management and Protection has also advised that validation testing has been undertaken to prove compliance with the remediation strategy.

Whilst the Environment Agency consultation response raises further issues in respect of the prevention of pollution to controlled waters, it is considered that these matters have been be satisfactorily addressed by way of the conditions forming part of the outline planning permission for this site.

On the basis of the above, it is considered that the proposal is in accordance with the provisions of UDP Policy EV2.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

Policy EV3 of the adopted UDP requires new development proposals to provide access and facilities for all; provide satisfactory parking in accordance with Council adopted design standards; contribute to a high quality public realm by improving pedestrian linkages with adjoining spaces and attractions and be accessible to pedestrians, cyclists and users of public transport. In this respect, Atlantic Square has been designed to be an inclusive and accessible environment for all users of the development whilst the commercial units have entrances directly onto the square that will also be accessible to all. The residential units are designed to comply with current building regulations and the ‘Design and Accessibility’ ethos. The proposal includes the creation of a shared cycle pedestrian promenade along the riverside, linking in with the promenade already created to the south and west along the Bay. The transition between existing and proposed spaces and streets has also been designed to be accessible to all users. Accordingly it is considered that the proposal is in accordance with the requirements of Policy EV3.

Policy EV4 of the UDP states that where development and ancillary features impact on the public realm, designs should ensure that schemes integrate with areas to produce spaces that result in quality townscape and building frontages that actively engage with the public, that are “people friendly” in terms of perceived and actual safety levels, and provide attractive detail through the use of high-quality, durable materials. As stated above, the proposal involves the creation of a new public space that is to be the focal point of the mixed use development of Swansea Point. The proposed commercial frontages to the riverside, Atlantic Square and Trawler Road are predominantly glazed and provide active uses that are able to spill out and actively engage with adjacent key areas of public realm. In doing so it is considered that, along with the residential elements of the proposal, the development is able to provide good levels of natural surveillance to adjacent areas of public realm along Trawler Road, the riverside and Atlantic Square.

As indicated above, the main challenge in the design of Atlantic Square is addressing the 3.5m change in levels from 10m AOD at Trawler Road to 6.5m AOD on Pilots House Wharf whilst ensuring that the public realm character is of high and durable quality that engages with the public and ensures a people friendly place of human scale that is comfortable and secure for people to use. In order to achieve a satisfactory transition between the two levels, the proposal incorporates the major level changes at the eastern Boundary of the ‘square’ through a flight of steps for the able bodied and an accessible slope to join at a landing with the riverside promenade for all users. In order to facilitate a more usable and active public open space that can be colonised by adjacent businesses; the main plateau has been structured at a 1:100 grade. This is divided by a short flight of steps across the whole width of the main ‘static’ space while a gentle slope is to be provided adjacent to the southern elevation of the hotel for all users. Whilst therefore the levels and general parameters and principles of Atlantic Square have been developed to an acceptable level, precise details in terms of materials, lighting and general street furniture have yet agreed. A landscaping condition is therefore recommended to ensure this critical element of public realm is delivered to the highest standards in accordance with the requirements of UDP Policy EV4.

For sites of archaeological potential UDP Policy EV6 seeks to ensure that appropriate assessments are carried out and that measures are proposed to preserve, enhance and record features of archaeological interest. As confirmed by the representation received from Glamorgan Gwent Archaeological Trust, the issue of archaeology has been addressed as part of the Environmental Statement and conditions forming part of the outline planning permission for Swansea Point. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

The requirements of UDP Policy have therefore been complied with and accordingly the Trust have no objection to the current proposal.

Turning to highway issues, the Head of Transport and Engineering has advised that the original mixed use outline planning permission approved a quantum of development comprising 577 residential units together with hotel, live/work units and a number of commercial uses. In order to assess the impact of the development, a Transport Assessment was submitted with the outline application. This demonstrates that the Highway Network at the main access junction can accommodate the increased traffic resulting from this proposal and remain within its capacity.

Whilst the access through roads to the site will not be adopted, they do however comply with the widths associated with adopted highways. Two vehicular accesses are shown, one to access the townhouses and the other to access the apartments/retail units. In general the visibility splays are acceptable, however a reduction in the height of a number of boundary walls are recommended to ensure this position. The Head of Transport and Engineering has also recommended for a mixed use development of this nature that a Travel Plan should be prepared to encourage non car modes of transport to the area.

In terms of car parking, the development is in accordance with Central Area standards. In addition, the majority of the roads surrounding the site are protected by Traffic Regulation Orders in the form of double yellow lines in order to keep the highway free from parking and maintain an obstruction free bus route.

Pedestrian and cycle facilities are to be enhanced by the development. In particular, the riverside promenade is to be extended alongside the development from the current termination at Aurora. This will provide combined cycle/pedestrian use and also accommodate an extension to the land train route. Additional pedestrian/cycle routes will cross the site and there is also a new swing-bridge to be constructed across the Marina entrance, which will provide a further extension to the riverside pedestrian/cycle route.

Whilst no cycle stands are shown to be provided for the apartments and commercial units, it is recommended that this is a matter which can be satisfactorily controlled by way of condition.

Furthermore, the site is located on a bus route, the frequency of which has been increased under the terms of the Section 106 attached to the outline planning permission for Swansea Point.

Having regard to the foregoing therefore, the Head of Transport and Engineering has offered no highway objection to the proposal subject to conditions relating to appropriate standards of highway works; garages being retained for parking purposes; vehicle visibility, a revised scheme for cycle storage and the provision of a Travel Plan.

Turning to the representation received, it is respectfully submitted the majority of concerns have been addressed above, particularly in terms of design and highway matters. The concerns expressed by Swansea Civic Society in terms of the choice of finishing materials are matters which can satisfactorily be considered in the discharge of relevant conditions.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

No objection to the proposal has been received from the Countryside Council for Wales.

In conclusion, the details submitted are in overall terms considered to be in accordance with the provisions of the outline planning permission, the approved Masterplan, associated conditions, Section 106 Agreement, prevailing Development Plan Policy and adopted Development Brief for Swansea Point. It is considered that, along with reserved matters application 2009/0368, for the erection of a 164 bed hotel on Area J, the proposal represents an important development project that completes the redevelopment and transformation of this former industrialised site into a vibrant and sustainable mixed use community within the Maritime Quarter. Approval is therefore recommended.

RECOMMENDATION:

APPROVE, subject to the following conditions:

1 Notwithstanding any details shown on any of the approved plans, unless otherwise agreed in writing, no superstructure works shall take place without the prior written approval of the Local Planning Authority of a scheme for the hard and soft landscaping of every aspect of this phase of development. The landscaping scheme shall include all details in respect of Atlantic Square and the riverside promenade and all lighting and street furniture details. Beneficial use of Block K1 shall not commence until Atlantic Square and associated areas of public realm have been completed to the satisfaction of the Local Planning Authority. The soft landscaping scheme shall be carried out within 12 months from the completion of the development. Any trees or shrubs planted in accordance with this condition which are removed, die, become seriously diseased within two years of planting shall be replaced by trees or shrubs of similar size and species to those originally required to be planted. Reason: To ensure that the site is satisfactorily landscaped having regard to its location and the nature of the proposed development, and to accord with Section 197 of the Town and Country Planning Act 1990.

2 Notwithstanding the details shown on any approved plan, the precise location, extent, height and design of all boundary treatments and means of enclosure, including gates, shall be submitted to and agreed in writing by the Local Planning Authority prior to superstructure development on that part of the scheme. All such works shall accord with the approved details. Reason: In the interests of visual amenity and highway safety.

3 Notwithstanding the details shown on any approved plans, the materials used for the external surfaces of every aspect of the development (including balcony soffits) shall be in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Composite sample panels of fenestration and all cladding materials shall be erected on site and the approved sample panel shall be retained on site for the duration of the works, unless otherwise agreed in writing by the Local Planning Authority. Unless otherwise agreed by the Local Planning Authority the coloured rendered areas should be recessed from the main elevation. Reason: In the interests of visual amenity.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

4 Superstructure development shall not commence until the following details at a scale of 1:10 have been submitted to and agreed in writing by the Local Planning Authority:

- Typical window unit within its opening; - Typical external door within its opening; - Eaves and roof features; - Entrance canopies; - Typical balcony detail, including railings/upstand and soffits;

A sectional elevation at scale 1:20 indicating the juxtaposition of various facing materials and how typical junctions are to be detailed shall be submitted to and approved in writing by the Local Planning Authority.

The development shall be carried out in accordance with the agreed details unless otherwise agreed by the Local Planning Authority. Reason: In the interests of visual amenity.

5 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or amending that Order), Classes A, B, C, D, E, F, G and H, of Part 1, Classes A and C of Part 2 and Part 24 of Schedule 2 shall not apply shall not apply. Reason: The development hereby approved is such that the Council wish to retain control over any future development being permitted in order to ensure that a satisfactory form of development is achieved at all times.

6 Unless otherwise agreed in writing by the Local Planning Authority, the retail/commercial units shall be restricted to Class A1 (retail) or Class A3 (food and drink) use only. Reason: To ensure land use interaction with the adjoining public realm.

7 Prior to the beneficial use of the retail/commercial units, details of any hot food takeaway element must be submitted to and approved in writing by the Local Planning Authority. Notwithstanding the above, this consent does not allow for general Class A3 'hot food' use of any of the units. Reason: In the interests of residential amenity.

8 Unless otherwise agreed in writing, the commercial/retail units shall not be used by customers before 07.00hrs nor after 23.30hrs on any day. Reason: In the interests of residential amenity.

9 Any ventilation and fume extraction system required for any of the commercial units shall be implemented in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: To prevent any nuisance from fumes and/or cooking odours to the occupiers of neighbouring premises and in the interests of visual amenity.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

10 Notwithstanding the details shown on any approved plan, unless otherwise agreed in writing by the Local Planning Authority, precise details of the location, extent, design and finish of all visible external ventilation, shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of superstructure works. Reason: In the interests of visual amenity.

11 Notwithstanding the details shown on any approved plan, the precise design and use of materials for the rainwater goods/systems shall be in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of visual amenity.

12 Notwithstanding the details shown on any approved plan, the precise design and location of all refuse stores and any requirement for electricity sub-stations or pumping stations shall be in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of visual and residential amenity.

13 Notwithstanding the details shown on any plan, the precise design, use of materials and extent of the pergolas for the promenade town houses shall be in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of visual amenity.

14 All adoptable highway works including, Atlantic Square, the Promenade and the footway to Trawler Road shall be completed to Highway Authority Standards and Specification. Reason: In the interests of highway safety.

15 The garages indicated in the submitted plans shall be retained for the parking of vehicles and purposes incidental to that use and shall not be used as or converted to domestic living accommodation. Reason: To ensure adequate on site car parking provision in the interests of highway safety, and residential and visual amenity.

16 Unless otherwise agreed in writing by the Local Planning Authority, a scheme for the secure storage of cycles for the apartments, Sea Scouts accommodation and the commercial units shall completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: To help prevent unacceptable highway congestion.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

17 Unless otherwise agreed by the Local Planning Authority, the development shall be carried out in accordance with a travel plan to be submitted to and agreed in writing by the Local Planning Authority within 12 months of the date of this planning permission or prior to the beneficial use commencing, whichever is the earlier. The Travel Plan shall include details of car reduction initiatives and methods of monitoring, review and adjustment where necessary. Reason: In the interests of sustainability and to prevent unacceptable highway congestion.

18 If, during development, contamination not previously identified is found to be present at the site then the Local Planning Authority shall be notified immediately and no further development (unless otherwise agreed) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for a remediation strategy detailing how the unsuspected contamination shall be dealt with.

Unless other wise agreed by the Local Planning Authority, all structures shall be provided with gas protective measures comprising a continuous waterproof membrane sealed around all services entries. Reason: To protect the health of future occupants against any unidentified residual contamination.

19 Land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system. Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment.

20 Unless otherwise agreed in writing by the Local Planning Authority a foul only sewer connection must be made to the public Trunk Sewer in Oystermouth Road at existing public Trunk Sewer manhole ref SS65923401 (Nr 11). Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.

21 No development shall commence until the developer has prepared a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water and land drainage will be dealt with and this has been approved in writing by the Local Planning Authority. Reason: To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs to the environment or the existing pubic sewerage system.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

INFORMATIVES

1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: Policies HC1, EV1, EV2, EV3, EV4, EV6, EV36, HC19, AS1, AS2, AS5 and AS6.

2 The applicant is advised that the relevant Conditions of planning permission ref: 2003/0808 will need to be satisfied with regards to this development and that the requirements of the Section 106 Agreement must be met.

3 The Developer must contact the Network Manager City and County of Swansea, Technical Services, Highways Division, Players Industrial Estate, Clydach, Swansea, SA6 5BJ. Tel 01792 841601 before carrying out any work.

4 The Travel Plan shall include details of car reduction initiatives and methods of monitoring, review and adjustment where necessary. Advice on Travel Plans can be obtained from Jayne Cornelius, SWWITCH Travel Plan Co-ordinator Tel 07796 275711.

5 The Environment Agency request to be contacted regarding any necessary treatment and disposal of surface and recharge water during the development works and the developer should note that a Consent to Discharge may be necessary. Further information on this regard is available from the Environment Agency website, or by contacting the Environment Agency National Permitting Team on 08708 506 506.

During the construction phase, all appropriate pollution control measures must be adopted onsite, to ensure that the integrity of controlled waters and the wider environment is assured. The developer is advised to refer to the Environment Agency's Pollution Prevention Guidance Notes (PPGs), which are available to download from their website.

The Environment Agency are aware of a surface water drain that runs through the site, which leads to the River Tawe. This must be protected whilst construction is carried out to prevent any contaminated run-off leading to into the Tawe.

Developers must ensure that there is no possibility of contaminated water entering and polluting surface or underground waters. The provisions of the Water Resources Act 1991 (as amended), must be complied with and in particular, the developer must not cause or permit any poisonous, noxious or polluting matter, (which includes soils, silts or suspended solids), to enter controlled waters.

The Swansea Environment Management (EM) team would welcome close liaison with the developer during the construction phase of the development. The developer is encouraged to contact the EM team to discuss the planned scheme of works. They can be contacted at the Environment Agency's Llandarcy office on 01792 325526.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

5 To further prevent pollution of controlled waters, the agency request that all (CONT’D) surface water drainage from parking areas and hardstandings be passed through trapped gullies with any overall capacity compatible with the site being drained.

The Agency would ask to be consulted in good time regarding any proposed movements of waste materials across the site, as well as disposal off-site as it is being prepared and developed. Suitable sampling protocols should be discussed, and appropriate disposal routes ascertained.

Under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws, the prior written consent of the Environment Agency is required for any proposed works or structures in, under, over or within 7 metres of the top of the bank of the River Tawe.

Any waste excavation material or building waste generated in the course of the development must be disposed of satisfactorily and in accordance with section 34 of the Environmental Protection Act 1990 and carriers transporting waste from the site must be registered waste carriers.

If during construction/excavation works any contaminated material is revealed then the movement of such material either on or off site should be in consultation with the Environment Agency.

If controlled wastes are to be utilised for construction purposes the developer must register the activity with the Environment Agency Wales. The Duty of Care Regulations apply to all movements of controlled waste. .

Wherever practical the quantity of waste arising from demolition works should be reduced. In this regard the developers should consider the reuse of existing material within the proposed development site. This will reduce the potential impact on existing landfill facilities.

6 The proposed development site is crossed by a public sewer. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. No part of the building will be permitted within 3 metres either side of the centreline of the public sewer.

If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water's Network Development Consultants on 01443 331155.

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

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/1994

PLANS

G2486 (05) 104, G2486 (05) 108 Rev 1, G2846 (05) 120 Rev 1, G2486 (05) 124 Rev 1, G2486 (05) 125 Rev 1, G2486 (05) 126 Rev 1, G2486 (05) 130 Rev 1, G2486 (05) 133 Rev 1, G2486 (05) 134 Rev 1, G2486 (05) 139 Rev 1, G2486 (05) 140 Rev 1, G2486 (05) Rev 1 received 30th September 2008; G2486 (05) 101 Rev 2, G2486 (05) 103 Rev 2 received 13th May 2009; G2486 (05) 111 Rev 2, G2486 (05) 112 Rev 2, G2486 (05) 135 Rev 2, G2486 (05) 136 Rev 1, G2486 (05), 137 Rev 1, G2486 (05) 138 Rev 2 received 27th May 2009; G2486 (05) 105 Rev 2, G2486 (05) 106 Rev 2, G2486 (05) 107 Rev 2, G2486 (05)110 Rev 2 received 8th June 2009.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 APPLICATION NO. 2009/0368 WARD: Area 1 Castle

Location: Former Spontex Site, Swansea Point, Swansea Proposal: Construction of five storey 164 bedroom hotel (Class C1) incorporating restaurant, bar and lounge facilities, meeting, conference and function rooms, fitness room and associated basement and surface level car parking, servicing and infrastructure works (Reserved matters approval pursuant to outline planning permission ref : 2003/0808 granted 20th April 2004) Applicant: OPCO Limited

BACKGROUND INFORMATION

This application was DEFERRED FOR A SITE VISIT at the Area 1 Development Control Committee on the 16th June 2009 to assess the impact on road safety and residents’ amenity in the light of the likely increased demands for on-street parking.

The initial queries raised by the Environment Agency relating to the remediation of land affected by contamination and the protection of controlled waters, as detailed in my report of the 16th June 2009, have since been addressed. On the basis of a submitted Validation Report and Certificate of Substantial Completion, the Environment Agency have confirmed that there is no requirement for conditions relating to contamination in respect of the protection of water quality to be carried over to this reserved matters application.

POLICIES

Policy Policy Description Policy HC1 Allocation of housing sites for 10 or more dwellings. (City & County of Swansea Unitary Development Plan 2008)

Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).

Policy EV2 The siting of new development shall give preference to the use of previously developed land and have regard to the physical character and topography of the site and its surroundings. (City & County of Swansea Unitary Development Plan 2008).

Policy EV3 Proposals for new development and alterations to and change of use of existing buildings will be required to meet defined standards of access. (City & County of Swansea Unitary Development Plan 2008)

Policy EV4 New development will be assessed against its impact on the public realm. (City & County of Swansea Unitary Development Plan 2008)

Policy EV6 Scheduled ancient monuments, their setting and other sites within the County Sites and Monuments Record will be protected, preserved and enhanced. (City & County of Swansea Unitary Development Plan 2008)

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

Policy EV36 New development, where considered appropriate, within flood risk areas will only be permitted where developers can demonstrate to the satisfaction of the Council that its location is justified and the consequences associated with flooding are acceptable. (City & County of Swansea Unitary Development Plan 2008)

Policy EC15 Proposals that consolidate the urban tourism resource, by improving the quality and range of attractions, destinations, accommodation and services will be supported at specific locations. (City & County of Swansea Unitary Development Plan 2008)

Policy EC18 Development that improves the range and quality of serviced tourist accommodation will be permitted subject to specific criteria. (City & County of Swansea Unitary Development Plan 2008)

Policy AS1 Accessibility - Criteria for assessing location of new development. (City & County of Swansea Unitary Development Plan 2008)

Policy AS2 Accessibility - Criteria for assessing design and layout of new development. (City & County of Swansea Unitary Development Plan 2008)

Policy AS5 Accessibility - Assessment of pedestrian and cyclist access in new development. (City & County of Swansea Unitary Development Plan 2008)

Policy AS6 Provision of car parking in accordance with adopted standards. (City & County of Swansea Unitary Development Plan 2008)

Supplementary Planning Guidance:

Spontex and Adjacent Land Development Brief. October 1999

SITE HISTORY

App No. Proposal 2003/0808 Mixed use development of housing, employment, commercial (leisure, restaurant/public house, hotel) and maritime uses, public open spaces (including a park, play area and promenade) and car parking, together with associated engineering and building operations, infrastructure and landscaping works (outline) Decision: Perm Subj to S106 Agree Decision Date: 20/04/2004

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

2004/0960 Construction of 124 dwellings comprising townhouses and apartments (up to 4 storey plus duplex) and associated car parking, landscaping, infrastructure, seafront promenade and 15 space public car park. (Phase A and B reserved matters approval pursuant to outline planning permission 2003/0808 dated 20th April 2004) Decision: Grant Permission Conditional Decision Date: 17/08/2004

2004/2915 Construction of 126 residential units and associated car parking, landscaping, infrastructure, seafront promenade, Marine Walk and Crescent Park. (Phases C and D reserved matters approval pursuant to outline planning permission 2003/0808 dated 20th April 2004) Decision: Grant Permission Conditional Decision Date: 21/06/05

2005/2097 Erection of part twelve storey, part thirteen storey and part 14 storey residential block providing 70 residential units, two ground floor retail/commercial units, surface and undercroft car parking and associated landscaping, infrastructure and servicing facilities Decision: Grant Permission Conditional Decision Date: 08/08/2006

2005/0880 Construction of new road and alterations to existing road Decision: Grant Permission Conditional Decision Date: 15/07/2005

2006/0144 Construction of 211 residential units comprising 131 no. 2 bed apartments, 42 no. 1 bed apartments and 38 no. town houses in 6 blocks between 3 and 5 storeys with associated car parking, landscaping, infrastructure and seafront promenade. (Phases E, F, G and H reserved matters approval pursuant to outline planning permission 2003/0808 dated 20th April 2004). Decision: Grant Permission Conditional Decision Date: 15/09/2006

2006/1127 Two 6 metre high floodlit public art sculptures Decision: Grant Permission Conditional Decision Date: 26/09/2006

2007/1420 Construction and laying out of a landscaped park incorporating pedestrian walkway, lighting and 4m high public art feature Decision: Grant Permission Conditional Decision Date: 09/04/2009

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

2007/2289 Construction of mixed use development comprising 4 storey 70 bed hotel, 161 residential units in 3 blocks of between 4 and 7 storeys with 11 ground floor retail (Class A1)/commercial (Class A3) units, sea scout accommodation, car parking, public square and associated landscaping and infrastructure works (Phases J & K) (reserved matters approval to outline planning permission 2003/0808 granted on 20th April 2004) Decision: Withdrawn Decision Date: 12/12/2007

2008/0235 8.2 metre high light sculpture on 2 metre high base Decision: Grant Permission Conditional Decision Date: 15/12/2008

2008/1988 Construction of mixed use development comprising a 5 storey block incorporating 3 no. ground/first floor (retail - Class A1) commercial (Class A3) units, sea scout accommodation and 20 no residential apartments and 23 no. 3/4 storey residential townhouses in 4 blocks, car parking, public square and associated landscaping and infrastructure works (Phase K) (reserved matters approval to outline planning permissions 2003/0808 granted 20th April 2004) Decision: Withdrawn Decision Date: 03/10/2008

2008/1994 Construction of a mixed use development comprising a part 4 storey, part 5 storey block incorporating 3 no. ground floor Class A1 (retail) / Class A3 (food and drink) units, sea scout accommodation and 20 no residential apartments and 23 no. 3/4 storey residential townhouses in 4 blocks plus car parking, public square and associated landscaping and infrastructure works (Area K) (reserved matters approval to outline planning permissions 2003/0808 granted 20th April 2004) Decision: CALLED IN Application (Swansea) Decision Date: 09/10/2008 c. Response to Consultations

The application was advertised on site and in the local press. EIGHT LETTERS OF OBJECTION received, the principal points of which may be summarised as follows:

1. Object to the resultant increase in traffic. With only a single carriageway entry/exit the access is already overloaded with current developments not yet complete.

2. When the properties were proposed for the area no consideration was given at all to the infrastructure and how all the extra traffic was supposed to reach its destination. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

3. There should have been an access route for people living in the Marina straight out onto Fabian Way. Two very nice ‘Sail Bridges’ have been erected but the area would have benefited far more from the road linking to Fabian Way. Indeed there should have been a route out from Mumbles to Fabian Way, thereby easing the traffic situation along Oystermouth Road.

4. The area has already been blighted by the tower block monstrosity. It is understood that construction has halted leaving an untidy shell and an unfinished highway to add to the misery of the traffic queues trying to get out onto Oystermouth Road. The only consolation is that this will result in the loss of further traffic pouring out onto the inadequate road system.

5. The Council should look long and hard at the question of how many more buildings the area can take in view of the antiquated road traffic system.

6. With only one access into Swansea (Fabian Way) it is strongly felt that there are other potential sites that would be suitable (such as in SA1) without invading a predominantly residential area.

7. The plans show 120 car parking spaces for 164 rooms plus staff, plus day visitors, plus the bar, restaurant, conference rooms 250 seating plus coaches. There is already a parking problem with day visitors and fishing trips with cars parking on Trawler Road and Fishermans Way.

8. The Swansea Marriott hotel 122 rooms 120 parking spaces plus room for coaches on a much larger site.

9. Is there a real need for a hotel of this magnitude when there is already 5 hotels within an approximate 3 mile radius. Question whether these hotels are ever fully occupied at the same time.

10. Guest drop off parking is inadequate and will block Trawler Road if any conference or wedding is being staged. In general it could mean a large amount of cars needing parking (staff and conference people) as well as guests staying at the hotel.

11. Does nobody in Planning feel that efforts should be made to preserve areas of natural beauty?

12. The introduction of the “bendy bus” will be nothing but a disaster.

13. Whilst the development has been designed in attractive fashion, concern is expressed over its height.

14. The hotel should be built over the two remaining sites, which would still provide the proposed facilities but not be such a looming edifice on the sky line.

15. The height of the hotel, at a minimum of 18 – 25m will result in a significant loss of light to living room and bedroom areas and will have a detrimental impact. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009 ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

16. We had been under the impression that the building that would be built on this plot would be a 3 storey building in line with the other buildings on this plot i.e. the scout house and pilot house. The hotel will dwarf residential units opposite and leaving them in shadow with all lower bedrooms receiving hardly any light. If the building is kept in line with other building heights much of the light will be retained and sun balconies will not become redundant.

17. The proximity of a large number of hotel bedrooms and meeting rooms which overlook the main living and sleeping rooms of my home will impact severely on privacy.

18. We do not wish to see the hotel guests in compromising positions.

19. The design of the hotel as a “solid, multi-storey block” is visually unappealing and detracts from the surrounding buildings, especially at roof level. It is not in keeping with this part of the Marina.

20. Our house was bought on the understanding that it was only ever going to be a residential area. The original planning for the said site was for townhouses not an imposing hotel.

21. The proposal is a change from the permission granted on the 20th April 2004. The original ‘tiered’ building would be more suitable and in keeping with the surrounding buildings of the Marina.

22. Given the location of the main entrance, the proposal will result in increased noise pollution, which would be unacceptable whilst working with 2 small children.

Maritime Quarter Residents’ Association – Whilst the Association has no objection to a hotel being built on the proposed site we do have several concerns. These are as follows:

1. The height of the building will overpower the existing established buildings adjacent to the proposed site.

2. The square box design of the proposed hotel will not be visually attractive and does not compare favourably with the iconic designs of other commercial buildings built in the SA1 development.

3. The large number of bedrooms being proposed will cause a substantial increase in traffic in and out of the Marina, an area already heavily congested and which will inevitably lead to parking problems.

It is hoped that due consideration will be given to the points we have raised and a revised planning application will receive a more favourable response.

Swansea Access for Everyone – Impressed at the level of thought that has gone into these plans to make the proposed hotel assessable to all. As the local access group, looking forward to being further involved in the build.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

Countryside Council for Wales – No comments.

Environment Agency – There are a number of outstanding concerns, originally raised at the outline application which are yet to be resolved. The Agency’s comments made during the consultation phase for outline planning permission (our ref. CY/2003/000221 and SH/2003/012257) should therefore be taken into consideration.

The concerns are outlined in brief below:

With regard to flood risk, the Agency acknowledge that a Flood Consequences Assessment (FCA) has been previously submitted for this site (ref. CIV10097/FCA01, Atkins, May 2008). This confirms that following some raising of ground levels at the northern end of the application site, the proposed site will satisfy Tables A1.14 and A1.15 of TAN15. However, the only vehicular access to the site remains to be via the existing Trawler Road. As previously advised, parts of this road are at risk of flooding to a potential depth of up to 1m. This is in excess of the guidance in Table A1.15 of TAN15.

The FCA suggests an alternative emergency access/egress route along the Promenade. Again, as advised during earlier consultation on this site, there are serious concerns regarding the safety of this route during storm events, when it is known that waves break through the path.

The FCA also suggests that the occupants of the development would either be evacuated from the building following a flood warning, or would remain within the building as this would constitute a safe refuge.

This would fall in line with the advice quoted from HM Government’s Evacuation and Shelter Guidance that, in the event there is insufficient notice to safely evacuate a property in an area of flood risk, prior to it being affected, that it would be a reasonable consideration to remain in a property during a flood event.

However, despite this advice and although the proposed site will be designed to be flood free in the extreme tidal flood event, the existing access/egress arrangements do not comply with the guidance contained in TAN15. As a result the Agency’s concerns relating to the safety of persons evacuating along this route therefore remain.

The suitability of the proposed emergency evacuation/refuge procedures must be considered fully by your Authority, to ensure the safety of the public/future occupiers. However, whether this issue is a constraint to development is a matter for your Authority to determine.

The other main issue of concern is in relation to the assessment and remediation of land affected by contamination and the protection of controlled waters. We note from Section 5 of the planning statement produced by Asbri planning (March 2009), that “the site has been cleared of all contaminants”, however, we have had no evidence provided to demonstrate this.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

Integral Geotechnique, stated in their correspondence of 18 Nov 2005 (ref. 8431/MJE/KEF) that it was the intention to import soil on to the site for use as a cover system. The Agency recommended that a copy of this letter and results were made available to the Council’s Environmental Health Officers, who would then be able to provide advice regarding the imported material and its suitability for use at the site and other potential pollutant linkages at the site.

In addition, the Agency requested leachate analysis from the imported material be submitted. As far as the Agency are aware, no leachability data was supplied with the previous application and no data has yet been submitted in support of this reserved matters application. As stated in the Agency response of 12 Jan 2006 (ref. CY/2003/000221/09 ), “if the Local Authority does not require the developer to provide leachability data as part of the planning condition, then your Environmental Health Officers are better placed to provide comment on the materials suitability in use as a cover system”.

A remedial strategy has been agreed previously for this site and this should be reflected in any permission granted under this new application.

It should be noted that since the application for outline planning was submitted, guidance for standards have moved on and the Agency would recommend that reference be made to Model Procedures for the Management of Land Contamination Contaminated Land Report 11 (CLR11) and the Agency website for current guidance and a copy of CLR11.

With regard to drainage from the site, during the outline application, the Agency recommended that sustainable drainage systems (SUDS) be utilised (dependant upon contamination of land) for the disposal of surface water. The Agency note that Condition 28 requires no surface water to be discharged to the main sewerage system and the Agency would expect a surface water drainage scheme to be designed around SUDS principles.

Support for the SUDS is set out in paragraph 8.2 of TAN15 which notes that “SUDS can perform an important role in managing run-off from a site and should be implemented, wherever they will be effective, on all new development proposals, irrespective of the zone in which they are located.”

The Agency request to be contacted regarding any necessary treatment and disposal of surface and recharge water during the development works and the developer note that a Consent to Discharge may be necessary.

During the site preparation and construction phase, all appropriate pollution control measures must be adopted on-site to ensure that the integrity of controlled waters and the wider environment is assured. The developer is advised to refer to the Agency’s pollution prevention guidance notes (PPGs), which are available to download from our website www.environment-agency.gov.uk/ppg

The Agency are aware of a surface water drain that runs through the site, which leads to the River Tawe. This must be protected whilst construction is carried out to prevent any contaminated run-off entering the Tawe.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009 ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

The Agency advise that in June 2007, a warning letter was sent from to Persimmon Homes regarding pollution that had entered the river Tawe from their Trawler Road development, due to the surface water drain acting as a pathway for pollution to enter the Tawe.

Developers must ensure that there is no possibility of contaminated water entering and polluting surface or underground waters. The provisions of the Water Resources Act 1991 (as amended), must be complied with and in particular, the developer must not cause or permit any poisonous, noxious or polluting matter, (which includes soils, silts or suspended solids), to enter controlled waters.

To further prevent pollution of controlled waters, the Agency also ask that all surface water drainage from parking areas and hardstandings be passed through trapped gullies with any overall capacity compatible with the site being drained.

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

The Agency request to be consulted in good time regarding any proposed movements of waste materials across the site, as well as disposal off-site as it is being prepared and developed. Suitable sampling protocols should be discussed, and appropriate disposal routes ascertained.

If any controlled waste is to be removed off-site, then the developer must ensure a registered waste carrier is used to convey the waste material off-site to a suitably authorised facility. The Duty of Care regulations for dealing with waste materials are applicable for any off-site movements of wastes. The developer as waste producer therefore has a duty of care to ensure all materials removed go to an appropriate licensed disposal site and all relevant documentation is completed and kept in line with regulations.

If any controlled waste is to be used on the site for use, then they will need to obtain the appropriate authorisation from the Environment Agency.

Ideally, any scheme should be designed to minimise import/export of spoil – i.e. neutral effect. Furthermore, to accord with the waste hierarchy, the applicant should consider the reduction, reuse and recovery of waste in preference to off site incineration and disposal to landfill during site construction.

If during construction/excavation works any contaminated material is revealed then the movement of such material either on or off site should be in consultation with the Environment Agency.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009 ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

Within the Environmental Impact Assessment (EIA) submitted at the outline stage, Section 6.1 provided details of a nature conservation management plan for the dune system which was to be adopted and implemented. This was welcomed as the Agency would like to see the protection of the complete sand dune system. The Agency note from Section 5 of the Planning Statement that under Condition 16, a Dune Management Plan has been submitted as part of the initial Reserved Matters application for phases A and B.

Ideally, the Agency would hope that this management plan aims to manage the erosion and public access issues within the dunes, along with protecting the rare species and limiting the encroachment of shrub material. The Agency recommend that some recreational access be incorporated and consideration given to the use of some educational/information signs explaining the dune ecology.

In addition the Agency would ask that the dunes be fenced off during construction and all relevant site personnel informed of their importance as a habitat.

Consideration should be given to future management of the alien plant species, Japanese Knotweed found on site, as it has the potential to re-grow following herbicide spraying. Provision should be made for spraying of the material over a period of years as part of the site management. The Agency note that Condition 19 addresses this concern. The developer should note that the prior written approval of the Environment Agency is required before the use of any herbicide in or near any surface water feature can be undertaken.

The developer should also be made aware that under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws, the prior written consent of the Environment Agency is required for any proposed works or structures in, under, over or within 7 metres of the top of the bank of the River Tawe.

Glamorgan Gwent Archaeological Trust - The approved outline planning application was granted subject to a condition requiring the applicant to submit and implement a programme of archaeological investigation prior to the commencement of development. A subsequent programme of investigation has been approved and instigated on the areas of the development that have been, or are currently being constructed, consequently, given that the current reserved matters deals with the reserved matters not included in the outline planning consent we have no objection to its positive determination subject to the approved programme of archaeological work being completed.

Head of Environment, Management and Protection – This site has undergone a number of site investigations since the closure of the former Spontex works. Purchased by Persimmon Homes in 2003 Integral Geotechnique [Wales] Ltd were commissioned to supervise the remediation works carried out on site.

The site remediation strategy was agreed by the City & County of Swansea and conducted in line with the contents of that strategy. Existing structures were demolished and foundations removed. Localised contamination was removed and remediated. The site was progressively excavated and selected materials replaced in a controlled manner.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009 ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

Validation testing has been undertaken to prove compliance with the remediation strategy.

The Remediation Validation Report [8431/MJE/05] Executive Summary states that “All structures will have some gas protective measures comprising a continuous waterproof membrane sealed around all services entries” and the applicant should be mindful of the need to comply with this requirement [conditioned as below].

The reclamation and site preparation works were competed in November 2004.

Condition 1 If, during development, contamination not previously identified is found to be present at the site then the Local Planning Authority shall be notified immediately and no further development [unless otherwise agreed in writing with the Local Planning Authority (LPA) shall be carried out until the developer has submitted, and obtained written approval from the (LPA) for, a remediation strategy detailing how the unsuspected contamination shall be dealt with.

Condition 2 All structures shall be provided with gas protective measures comprising a continuous waterproof membrane sealed around all services entries.

Subject to the above the Pollution Control Division of the Environment Department has no objection to this application.

Highway Observations -

1. Introduction

1.1 This application for reserved matters follows outline consent granted (ref 2003/0808) and relates to the redevelopment of the former Spontex site located off Trawler Road in the Maritime Quarter. The site has had consent for a mixed use development for residential and commercial uses incorporating 577 residential units together with a 60 bed hotel, 39 live/work units and a number of restaurant uses. This particular reserved matters application relates to a 164 bedroom hotel with associated facilities with at grade plus undercroft parking facilities.

1.2 In order to assess the impact of the development, a Transport Assessment was submitted with the outline application.

2. Vehicular Access and Traffic

2.1 The only access to the site is gained off an existing roundabout which leads to Trawler Road. Trawler Road is adopted and will terminate at the south-east corner of the overall site, at Harbour Square View.

2.2 The Transport Assessment indicated that the Highway Network could cope with the additional traffic generated by the proposal.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

2.3 The access to the site is directly off the roundabout with an existing arm being utilized purely to serve the development. The access splits to serve the at-grade parking and also the undercroft element. The gradients used are acceptable and should ensure that vehicles do not ground due to inadequate gradients.

2.4 There are no footways as such along the boundary with Trawler Road although there is a pedestrianised area surrounding the site adjacent to Atlantic Square.

2.5 Due to the proximity of the north west corner of the site to the adopted highway the developer will need to demonstrate that the structural adequacy of the building will not be detrimental to the adjacent highway. Full retaining wall details will need to be submitted for approval prior to works commencing.

2.6 Interrogation of the TRICS database for similar size hotels (based on 164 bedrooms) shows an estimated number of cars arriving to be 20, with departures at 30 for the morning peak, compared to 25 arrivals and 19 departures for the evening peak. Compared to the outline consent which was for a 60 bed hotel the effect of the additional vehicles will be negligible on the Strategic Highway Network.

3. Car Parking

3.1 The development has been assessed against adopted parking guidelines. A total of 120 parking spaces are available although 19 of them are restricted and do not have independent access. Whilst this is below our guidelines of one space per bedroom plus staff parking, the site is well located for access to Swansea town centre and is served by direct public transport routes directly on Trawler Road (service number 7 which runs hourly daytime), and also is within walking distance of the Quadrant bus station which links to a wide network of destinations.

3.2 The surrounding highway is protected by Traffic Regulation orders in the form of double yellow lines which will prevent any on street parking taking place, thus should maintain the freeflow of traffic on the highway. Condition v should ensure that overspill parking areas are identified prior to beneficial use commencing which should safeguard the passage of vehicles passing the site.

3.3 Car parking is provided in the form of at grade parking court which also allows for the servicing, and an undercroft parking areas, all accessed off a new arm of the roundabout at the end of Trawler Road.

3.4 Should consent be granted the applicant will be required to submit a travel plan outlining alternative forms of transport other than a car in order to reduce demand for cars. (see condition number iv.)

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

4. Pedestrian and Cycle Access

4.1 Pedestrian and cycle facilities are to be enhanced by the Swansea Point development. The promenade (width 6m) will be extended along the site frontage and link up to the riverside. This will provide combined cycle/pedestrian use and also accommodate an extension to the land train route. Additional pedestrian/cycle routes will cross the site and there is also a new swing-bridge to be constructed across the Marina entrance, which will provide an extension to the riverside pedestrian/cycle route. Where cycle/pedestrian routes will cross Trawler Road, special treatment will be necessary to enhance safety and this can be incorporated into the 20mph zone requirements.

4.2 There are a small number of cycle stands provided although this is inadequate for this level of development. Additional facilities will be required and this should be addressed by way of a condition securing details to be agreed with the Highway Authority. (Condition number iii).

5. Conclusions

5.1 The Transport Assessment included with the outline consent indicated that the main access junction can accommodate the increased traffic and remain within its capacity.

5.2 Pedestrian, cycle and public transport facilities will be catered for within the development with enhancements being proposed and improvements to safety through the upgrading of Trawler Road and the introduction of a 20mph zone.

6. Recommendations

6.1 No highway objection subject to the following;

i. All adoptable highway works including the reconfiguration of the roundabout being completed to Highway Authority Standards and Specification.

ii. The boundary details along the highway frontage should be submitted for approval to the Highway Authority to ensure that adequate visibility is maintained for accessing/egressing vehicles and pedestrians.

iii. A revised scheme for cycle storage shall be submitted for approval to the Highway Authority, to provide suitable cycle storage facilities for the hotel and associated uses.

iv. The applicant be required to submit a Travel Plan for approval within 12 months of consent and that the Travel Plan be implemented prior to the beneficial use of the building commencing.

v. A management scheme be in operation to prioritize the access to the undercroft and at grade facilities, manage the restricted parking area, manage the servicing at the site, and also identify alternative parking areas for customer use in addition to those provided to maintain the freeflow of traffic on the highway.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

Appraisal:

This application is reported to Committee for decision at the request of Councillor Alan Lloyd.

The application seeks reserved matters approval for the construction of a five storey 164 bedroom hotel (Class C1) incorporating restaurant, bar and lounge facilities, meeting, conference and function rooms, fitness room with associated basement and surface level car parking, servicing and infrastructure works; forming part of the mixed use development at Swansea Point in the Maritime Quarter.

Outline planning permission was granted in April 2004 for a mixed use development of the former Spontex site for housing, employment, commercial (leisure, restaurant/public house, hotel) and maritime uses, public open spaces (including a park, play area and promenade) and car parking, together with associated engineering and building operations, infrastructure and landscaping works, subject to conditions and a Section 106 Agreement. (Planning application 2003/0808 refers). The outline application was accompanied by Swansea Point Masterplan and it is conditioned that all reserved matters applications shall accord with the development principles set out within the approved Masterplan document, unless otherwise agreed by the Local Planning Authority.

The former 'Spontex' site, now renamed 'Swansea Point', is a transition between the existing Maritime Quarter, Swansea Bay, the Tawe and 'SA1 Swansea Waterfront' on the opposite bank of the Tawe. The applicant's vision, as set out in the approved Masterplan, is of a contemporary high quality mixed use development contrasting with the architectural design of the existing Maritime Quarter development of the 1980s and 90s to the east of the site. This approach is reflected in the development completed to date.

The Swansea Point Masterplan describes a phased development, essentially evolving in a west to east direction across the site. The seafront and riverfront promenades will be developed as integral parts of each adjacent development area. Phase 1 was the site remediation and highway infrastructure works. Phases 2, 3, 4 and 5 relating to Areas A through to H have been approved and are complete (reserved matters applications 2004/0960, 2004/2915 and 2006/0144 refer). These Areas are confined to the south and west of Trawler Road and are entirely residential in nature. Reserved matters approval has also been granted for Area L in the south east of Swansea Point for the erection of a 14 storey residential block (known as Aurora) with two ground floor retail/commercial units (reserved matters approval 2005/2097 refers). This too has been completed.

Areas J and K (Phases 6 and 7) are therefore the two vacant remaining sites making up the Swansea Point development. The approved Masterplan for Swansea Point envisages a mixed use quarter in these areas, located around Atlantic Square; a new public space, focused on the attractive barrage area and the pedestrian link across the river to SA1.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

This application site however, is drawn tightly to the boundary to the footprint of the building and associated external areas and does not include proposals for Atlantic Square. This forms part of reserved matters application 2008/1994 in respect of Area K, for the construction of mixed use development comprising a 5 storey block incorporating 3 no. ground/first floor (retail - Class A1) commercial (Class A3) units, sea scout accommodation and 20 no residential apartments and 23 no. 3/4 storey residential townhouses in 4 blocks, car parking, public square and associated landscaping and infrastructure works. This application is currently being considered as a separate item on this Area 1 Development Control Committee agenda and addresses Atlantic Square itself and the development between it and Aurora.

This application relates to Area J located on the north western side of Atlantic Square on land between the north eastern side of Trawler Road and Pilot House Wharf on the Tawe riverside. The site, which slopes from approximately 8.5m AOD at its south eastern end down to approximately 6m AOD its northernmost point, is currently a vacant development platform. It is irregular in shape and comprises an area of approximately 0.3 hectare.

The south westerly part of the site fronts directly onto either Trawler Road or to the spur road linking to the lock car park and riverside. Three individual buildings bound the north eastern boundary of the site. The northernmost building is known as the Sea Angling centre. It is a two storey building incorporating a fishing tackle shop on the ground floor and restaurant on the first floor. The middle building amounts to 3 storeys and is in use as the Sea Cadet HQ. The south eastern most building is known as the Pilot House building and is listed grade ll. It is a late 19th century compact two storey red brick structure with tall crenellated (outlook) tower on its northern end. The ground floor levels of these buildings vary between approximately 1m and 2.2m below that of the adjacent parts of the application site. The south eastern boundary of the site abuts the other remaining undeveloped areas of the Swansea Point development.

The proposed hotel development would occupy a roughly ‘C’ shaped building footprint and would amount to five storeys in height above a level of undercroft car parking. Because of changes in levels in and around the site, the height of the building varies from 18m in its south eastern frontage to Trawler Road, to 20.5m at the main pedestrian entrance to Trawler Road and up to 21.5m at its northern end, where it faces out onto the extended boat yard area. From the roadside elevations the building podium/visible extent of undercroft car parking therefore increases in height from the south eastern part of the building to the northern part of the building. The height also increases at various points to accommodate the gym roof, roof plant, service cores and feature areas. At the rear/riverside elevation of the building its height would vary between 21 and 22.5m. The lower parts of the building, including undercroft car parking level and deck over, would be largely screened by the existing buildings on Pilot House Wharf.

The design of the building itself is contemporary with feature recessed panels framed by white render. The main pedestrian access is located at the centre of the building and is a double volume space with large canopy extending over the main entrance approaches. A secondary access is located at the rear of the building, whilst an entrance off Atlantic Square provides direct access to the bar and restaurant for members of the public. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

Vehicular access is achieved from the north west corner of the building, off the existing roundabout. At this point the access splits to serve the at-grade podium parking level at the rear of the building and also the undercroft element. A total of 120 car parking spaces are proposed, split between the two levels.

The development proposes to use the Hilton Garden Inn concept, intended to create a high quality destination for visitors to the area as well as providing meeting and conference facilities for local businesses and banqueting facilities for special events. Public and front of house areas such as the lounge, bar and restaurant are located at ground floor level and have large glazed facades which look out onto Trawler Road and the proposed Atlantic Square. The 164 guest rooms are located on first, second, third and fourth floors.

Having regard to the inclusion of a hotel as part of the commercial components of the outline mixed use approval for SA1, the principle of development has therefore been accepted for Swansea Point. The Masterplan envisaged the hotel located on the riverside, running up to the south eastern corner of Atlantic Square within a 7 storey building with Class A3/leisure uses on the ground floor. In its place, the aforementioned reserved matters application 2008/0994 proposes mews town houses along the part of the riverside with commercial uses at ground floor level up to the corner of Atlantic Square and apartments above.

In the location of the currently proposed hotel, the Masterplan envisaged ground floor leisure with residential above over 4 storeys for the western side of Atlantic Square running up to the frontage with Trawler Road. From this corner location the approved land use Masterplan indicates residential use over 3 storeys to the corner of the spur road from Trawler Road to the boat yard and ground floor commercial with residential above, thereafter increasing in height from 4 to 5 and to 7 storeys at the site’s northern extent.

Condition 5 of the outline planning permission states that unless otherwise agreed with the Local Planning Authority and except as conditioned by this permission and the related Section 106 Obligation the reserved matters application shall accord with the development principles set out within the Swansea Point Masterplan. Furthermore, Condition 6 of the outline planninng permission states that unless otherwise agreed with the Local Planning Authority, the total development capacity shall not exceed the total capacity indicated in the Swansea Point Masterplan and Environmental Statement. In this respect the approved Masterplan proposed a 3 star 60 bed hotel on 6 floors plus 400 sq m of Class A3/leisure on the ground floor. The current proposal, which incorporates Class A3/leisure on the ground floor and 5 storeys of bedroom accommodation above, is for a 164 bed Hilton hotel. Whilst the proposal is therefore significantly larger than that envisaged within the Masterplan, it is considered that a hotel of the type and quality proposed will bring greater benefits to the area than a small budget 3 star hotel with no associated facilities. This is considered to be a presitgious location that should benefit from a prestigious hotel. The provision of a hotel is also considered to be critical to the success of Swansea Point and achieving a true mixed use destination at Atlantic Square, the Riverside and achieving a critical mass of activity through which other spin off commercial activities may prosper thereby enlivening the key areas of public realm for those working, living and visiting the area. In the absence of such a strong hotel operator in this location, the prospect of delivering a successful Atlantic Square becomes much more difficult. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

It is also considered that a development of this nature will have wider social and economic benefits to Swansea, not least in the provision of 139 hotel job opportunities and its contribution to Swansea’s ambitions to become a major Waterfront City.

Furthermore, Policy EC15 seeks to support proposals that consolidate the urban tourism resource, by improving the quality and range of attractions, destinations, accommodation and services, at locations which include the Maritime Quarter. Moreover, Policy EC18 states that development that improves the range and quality of serviced tourist accommodation will be permitted within the urban area, particularly in support of City Centre regeneration initiatives. As a Hilton product, it is considered that the proposal will significantly improve the quality of serviced tourist accommodation, in a key regeneration location of the Maritime Quarter, in accordance with the provisions of this policy. Notwithstanding therefore the aforementioned extant outline planning permission, there is a strong in principle policy support for development of this nature in the location proposed. Accordingly, the departure from the Masterplan both in terms of the location and size of the hotel is considered to be acceptable subject to the considerations set out below.

Policy HC1 allocates Swansea Point for residential purposes with an anticipated number of residential units in accordance with the Masterplan and approved and proposed provision to date (600 units). The allocation acknowledges that planning permission has been granted for the site. As already stated, this outline planning permission is a mixed use permission including hotel use. In land use terms therefore, the current application is in accordance with the outline planning permission and does not compromise the delivery of the desired residential development of the wider Swansea Point area as required by Policy HC1.

Given that the principle of a hotel use in this location has been established by the original outline planning permission, the issues to be considered for this reserved matters application are whether the details submitted are satisfactory in terms of layout, design, and external appearance having regard to the Masterplan, adopted Development Brief and UDP Policies EV1, EV2, EV3 and EV4, which set out the criteria against which all new development should be assessed. There are considered to be no additional issues arising from the provisions of the Human Rights Act.

Policy EV1 of the UDP requires new development to accord with 11 specified objectives of good design. In this respect, as detailed above, in the location of the currently proposed hotel, the Swansea Point Masterplan envisaged a 4 storey development for the north western side of Atlantic Square running up to its frontage with Trawler Road. From this corner location the approved land use Masterplan indicates residential use over 3 storeys to the corner of the spur road from Trawler Road to the Marina lock car park, thereafter increasing in height from 4 to 5 and to 7 storeys at the site’s northern extent. The current proposal would therefore be 1 storey taller along the north western side of Atlantic Square and its corner with Trawler Road, 2 storeys taller for the small section along Trawler Road, then 1 storey taller, then as per the Masterplan and ultimately 2 storeys shorter than the Masterplan.

The differences in height are not considered to be significant. It is considered that the site would benefit from a building of presence and at five storeys the building is considered to provide a strong point of transition from the predominantly 3 to 4 storey residential development on the opposite side of Trawler Road and that of the 14 storey block to the south (known as Auora), to the taller landmark buildings located at SA1. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

The urban form contained within the Masterplan shows buildings which follow the back of the footway and the edge of Atlantic Square (effectively forming a reverse ‘C’ shape) and this is reflected in the current hotel proposal. It is considered that the building will create a strong sense of place and identity through its relationship with the site and its interaction with the public realm, and the emerging streetscape. It is also considered that the building would provide a strong focal point to key views in the approach to the site along Trawler Road, from Pockets Wharf to the north. Whilst the proposed hotel would be taller than the existing buildings on Pilot House Wharf, it is considered that the simple backdrop will allow the traditional lower forms to be clearly discerned in views from east on the opposite side of the River Tawe from within SA1. The impact of vehicular access to the on site car park and servicing is minimised through use of a natural break in the building line to the north which is concealed and secured by a gate.

The proposed use of render and feature cladding panels to the building and a sawn slate finish to the building podium are considered to be reflective of its surrounding context and subject to the imposition of conditions requiring precise details and colours, the external finishes are considered acceptable. On this basis it is considered that the proposal is appropriate to its local context in terms of scale, height, massing, elevational treatment, materials and detailing, layout, form, mix and density.

Two entrances are provided; the main entrance is a double height space located to be visible along the length of Trawler Road when approaching the building. The restaurant and bar also have an entrance off the north side of Atlantic Square where it would add activity and interest. The ground floor of the main façade is largely glazed, offering views into the building whilst the public and front of house areas such as the lounge, bar and restaurant are located at ground floor level and have large glazed facades which look out onto Trawler Road and the proposed Atlantic Square, thus presenting an active and animated frontage to the public street and square. The south elevation also includes a fifth floor cantilevered ‘pod’ housing the fitness room which adds to the interest on Atlantic Square. Corners are given emphasis through wrap round glazing which also adds interest.

An external south facing terrace outside the bar and restaurant allows further interaction between the public functions of the hotel and the public realm. It is also considered that the proposed scheme capitalises on its location alongside Atlantic Square (this space and the development on its southern side will be the subject of a future planning application, however the Design and Access Statement includes indicative details of the scheme to date). The creation of the terrace relates well to this important area of public space, allowing the use to spill out and interact/enliven the area. It is considered therefore that the proposal will effectively integrate with adjacent spaces and the public realm to create good quality townscape and a memorable destination. It is also considered that the proposal will provide a significant contribution to the creation of new, and the improvement of existing spaces and an enhancement of the general street scene.

A further criteria of Policy EV1 is that the development should not result in a significant detrimental impact on local amenity in terms of visual impact, loss of light or privacy, disturbance and traffic movements. In the first instance the principle of a mixed use development at this location has been established by the outline planning permission for Swansea Point. Indeed the mixed use quarter was envisaged as a significant part of the Swansea Point development, located around public space known as Atlantic Square. This newly created square was therefore planned to provide a wide range of A3/leisure and support activities to enliven the public realm for those working, living and visiting the area. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

To this end, the majority of the ground floor of the application site is allocated in the Masterplan for commercial uses, including leisure and Class A3 uses. An increased critical mass/activity in this areas is recognised as fundamental to the success of Swansea Point and significant in its contribution towards Swansea’s aspirations as a Waterfront City. Residents therefore should realistically expect a level of activity akin to a mixed use urban area rather than a suburban location. It is not considered that the proposal will result in unacceptable levels of disturbance and indeed no objection has been offered from the Head of Environment, Management and Protection.

Turning to the potential impact on privacy, at its closest point, the development would achieve a separation of 16m to the nearest existing residential property on the opposite side of Trawler Road. A similar distance would be achieved in respect of proposed residential properties on the opposite side of Atlantic Square. This is considered to be a satisfactory distance in a front to front relationship and would not lead to an unacceptable loss of privacy to any existing or planned residential property.

Notwithstanding the acceptability of this separation, this relationship only exists for a relatively short distance and for a relatively low number of residential properties before the corresponding buildings, both along Trawler Road and in Atlantic Square, orientate themselves away from each other thereby significantly increasing separation distances and potential concerns relating to loss of loss of privacy.

In order to properly assess the potential for loss of light to existing properties as a result of the proposed development, a daylighting analysis has been submitted in support of the application. The following three situations have been modelled:

1. With no development on the application site (as existing);

2. With the proposed hotel;

3. With development as per the Swansea Point Masterplan.

The application site, sits opposite existing development that other than a mezzanine fourth floor level to the corner flat, essentially comprises 3 storey flats and 3 storey town houses. The analysis has been carried out for those properties that are potentially most affected by the proposal, namely the ground floor flat along Trawler Road, located adjacent to the flats on the corner with Fishermans Way and the ground and first floor habitable rooms of the town house, located adjacent to the tested flat. Appreciably, as the Trawler Road terrace curves away from the proposed hotel (and as the hotel curves away from the existing townhouses), the proposal has a diminished impact upon daylight levels inside each subsequent townhouse. By taking these properties as our worst-case scenario, again, daylight levels for each townhouse further along the terrace will only be improved over these factors.

The daylighting analysis shows that in the case of both the townhouses and the flats along this part of Trawler Road, direct sun only reaches some of the townhouses for a few hours during the early morning in summertime. For over 90% of the year, the existing townhouses are reliant upon daylight as a source of natural lighting, which is a combination of light from the sky, light reflected off of external sources, and internally reflected light within the space.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009 ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

For the purposes of the assessment a worst-case analysis has been undertaken; that is, when daylight levels in the sky are at their lowest for the year. (Winter solstice – 21 December – at noon). This time and date provides the maximum level of daylight on the day when the sun is lowest in the sky for the year. Daylight levels for the rest of the year in relation to this base date and time can therefore only be greater.

CIBSE (Chartered Institution of Building Services Engineers) Lighting Guide LG10 (1999), Building Research Establishment (BRE) Digest 209: Site Layout Planning for Daylight and Sunlight (2002), and British Standard 8206 (2008) all recommend interior daylight factors to be at least 1% for bedrooms, 1.5% for living rooms, and 2% for kitchens. These levels will provide an adequate level of natural light for the tasks associated with each space.

Dealing firstly with the ground floor living room of the aforementioned ground floor apartment, set a against a BRE guideline standard of 1.5%, this room has a daylighting factor of 1.82% as existing, this would fall to 1.69% as a result of the proposed development and to 1.76% should the site be developed to the heights shown in the Swansea Point Masterplan (hereafter referred to as the Masterplan development). For the bedroom of this apartment, set against the BRE guideline of 1%, the daylighting factor as existing is 1.08%. This would fall to 0.92% as a result of the development and to 1.00%. Turning to the impact on the most affected townhouse, the ground floor utility/study/bedroom would achieve a daylighting factor of 1.82%. This would fall to 1.47% as a result of the proposed development and to 1.40% as a result of the Masterplan development. In terms of the first floor living room of that property, the existing daylight factor is 2.19%, this would fall to 1.83% as a result of the proposed development and to 1.68% as a result of the Masterplan development.

It can be seen therefore that the proposal will have an impact on the existing daylight levels within the properties situated opposite the application site. However, in all but one instance, i.e. that of the ground floor bedroom of the apartment, the daylighting factors for all of the rooms assessed would be greater than the recommended minimum levels. In the case of the bedroom that would fall below the minimum standard, it would only do so by 0.08%. The corresponding bedroom on the floor above would fall below the guideline levels by 0.03%. In terms of the town houses, none of the rooms would received daylight below the minimum recommended levels. In addition, these properties are dual aspect over 3 storeys, therefore the higher rooms in the Trawler Road elevation would receive greater daylighting than the ground floor, whilst the courtyard elevation would remain unaffected with a south westerly aspect.

It is also clear that any meaningful development of this site will inevitably lead to a reduction in daylight levels. This is demonstrated by comparing the projected daylighting factor following the development of the site in the manner proposed with that of the Masterplan development. It can be seen that difference in effect is marginal in some cases, and in other cases the application proposal would result in better daylighting to the affected properties than if a development were to proceed along the lines envisaged in the Masterplan. This is because as the sun path moves across the sky over Swansea Bay, the existing townhouses and apartments (on their Trawler Road elevation) face a sky in which the sun rarely appears. Under clear sky conditions with very little cloud, daylight levels within the townhouses and apartments are largely reliant upon an exterior reflectance level; that is, sunlight reflected off of external sources to provide the lion share of daylight available inside those properties. Because the proposed development directly faces the sun as it moves through the sky, it has the benefit of significantly increasing the reflected daylight component within the existing townhouses and apartments. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

Whilst it is clear a proposal of infinite height would be inappropriate for this site, a structure opposite the townhouses with a roofline higher than the existing roofline of the townhouses and apartments will ensure a consistently elevated level of reflected light down onto Trawler Road during periods of clear skies, and subsequently increased available light levels inside each property.

Having regard therefore to the findings of the daylighting analysis, particularly in the comparisons with that already accepted for the site as part of the outline planning permission/Masterplan, it is not considered that the development would result in a material loss of daylight to the existing properties along Trawler Road such as to warrant refusal of this application. Further weight is given to this conclusion given the relatively small number of properties affected and the significant benefits arising from this scheme.

It is not considered therefore that the proposal would unacceptably impact on amenity in terms of visual impact, loss of light or privacy, and disturbance. In terms of traffic movements, the main access to the hotel is located at the northern end of the building, opposite the boat yard and quite separate to the existing residential properties. The drop off bay along Trawler Road, will result in increased traffic movements in this area, however, such a facility forms a vital part of the hotel operation and given the location of the affected properties opposite Atlantic Square, general increased activity is to be expected.

The Design and Access Statement advises that the proposal will consider a broad range of environmental impacts including good building management, energy, transport, water consumption, materials and waste in order to promote a resource efficient building.

It is considered that the nature of the use and the large amount of glazing to active uses will provide a good level of natural surveillance and in doing so contribute to providing a safe environment by addressing issues of security, crime prevention, and the fear of crime within the space and routes around the building.

The final criteria of Policy EV1 is that development will be required to have regard to the desirability of preserving the setting of any listed building. As stated above, the Pilot House, which is located adjacent to the north east corner of the site is a grade ll listed building. The northern end of the hotel would be located within 2m of the listed building, which is a compact two storey red brick structure with tall crenellated (outlook) tower on its northern end. The ground floor level of this building is located approximately 2m below the level of the Swansea Point development platform at this point. The listed building would therefore sit against the full 5 storeys of the hotel and undercroft car parking level.

In considering this relationship, the Design and Access Statement submitted in support of the application states that the critical distance view from SA1 demonstrates that should the proposal drop to two storey at the end of Atlantic Square (as envisaged by the Masterplan), this would have little benefit in this view as the set back of the higher elements back away from the listed building would not be read from distance. The taller element would remain to be the backdrop to the existing building whether 15m away or 30m away. It is also stated that the most important aspect of preserving the form of the listed building is to create a backdrop that is simple enough not to compete with it. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

This view is acknowledged and it is considered therefore that the white rendered corner blocks of the hotel would provide a simple backdrop for the listed building and as such would not unacceptably detract from its setting. Further weight is given to this view having regard to the site’s previous industrialised backdrop.

Having regard to the forgoing, overall the proposal is considered to accord with the provisions of UDP Policy EV1.

UDP Policy EV2 requires that the siting of new development should give preference to the use of previously developed land over greenfield sites, and must have regard to the physical character and topography of the site and its surroundings by meeting specified criteria. In accordance with the requirements of this policy, the proposal forms one of the remaining areas to be redeveloped at this previously developed former industrial site. The first criteria of Policy EV2 is that development should avoid locations that would have a significant adverse impact on prominent buildings, landscapes, open spaces and the general locality, including loss of visual amenity. Having regard to the conclusions reached in respect of the considerations in respect of Policy EV1, it is not considered that the development would have a significant adverse impact on prominent buildings, landscapes, open spaces and the general locality. In terms of the loss of visual amenity, it is considered that the properties most affected would be those located directly opposite the proposal along Trawler Road.

In considering what weight should be given to the potential adverse visual impacts for occupiers of those properties, it must be recognised that the impact of a proposal on an individual view is not in itself a material planning consideration, although the visual/physical impact of a development clearly is. Moreover, planning permission has already been granted for a mixed use development of this site and therefore development at the scale of the residential properties at Swansea Point would have some visual/physical impact and would obstruct views towards the riverside. It is considered therefore that whilst the proposal will impact on the visual amenities of those occupiers living in the residential properties directly opposite the application site, by way of physical/overbearing impact, this would not be to a level that could justify refusal of this proposal. Further weight is given to this conclusion having regard to the nature of the proposal and its predicted benefits to the success of the general locality and its importance to existing and newly created public realm spaces.

It is acknowledged that the proposal would be relatively prominent within the landscape, however, having regard to the design and nature of the proposal, along with its context in a transitional area between the Maritime Quarter and SA1, the proposal will not look out of place and will effectively integrate with the general scene as a whole.

As stated above, the site is well located in terms of the City Centre, is located on a bus route and in close proximity to the National Cycle Network.

A further criteria of Policy EV2 is whether the proposal would be at risk from flooding, increase flood risk off-site, or create additional water run-off. Similarly Policy EV36 states that new development, where considered appropriate within flood risk areas, will only be permitted where developers can demonstrate to the satisfaction of the Council that its location is justified and the consequences associated with flooding are acceptable.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

With regard to the issue of flood risk, the Environment Agency acknowledge that a Flood Consequences Assessment (FCA) has been previously submitted for this area and that this confirms that following some raising of ground levels at the northern end of the application site, the proposed site will satisfy Tables A1.14 and A1.15 of Technical Advice Note 15: Flood Risk (TAN 15). However, it is the Agency’s concern that the only vehicular access to the site remains to be via Trawler Road. As previously advised, parts of this road are at risk of flooding to a potential depth of up to 1m. This is in excess of the guidance in Table A1.15 of TAN15.

The FCA suggests that the occupants of the development would either be evacuated from the building following a flood warning, or would remain within the building as this would constitute a safe refuge. The Environment Agency advise that this would fall in line with the advice quoted from HM Government’s Evacuation and Shelter Guidance that, in the event there is insufficient notice to safely evacuate a property in an area of flood risk, prior to it being affected, that it would be a reasonable consideration to remain in a property during a flood event.

However, despite this advice and although the proposed site will be designed to be flood free in the extreme tidal flood event, the existing access/egress arrangements do not comply with the guidance contained in TAN15. As a result the Agency’s concerns relating to the safety of persons evacuating along this route therefore remain.

The issue of emergency access/egress is however a matter that was controlled by way of condition as part of the outline planning permission. In considering the discharge of that condition, the Environment Agency sought confirmation that the emergency services would be happy to travel through such flood conditions in order to reach the site and that their vehicles are able to cope with such a depth of flooding for the distance involved. Confirmation was subsequently received from Mid and West Wales Fire and Rescue Service that they had no issue with driving through the depth of flood water specified. Accordingly the condition relating to emergency access/egress was subsequently discharged. Given therefore that the hotel building itself would satisfy the requirements of TAN 15 in respect of flood risk and that emergency access/egress details have previously been agreed, it is considered that the proposal would satisfactorily address the requirements of Policy EV2(ix) and EV36.

The nature of the proposal is such that it would not result in any environmental pollution issues nor would it result in the creation of any environmental pollution to the detriment of neighbouring occupiers in terms of light, air and noise. Indeed no objection has been received from the Head of Environment, Management and Protection on these issues.

The final relevant criteria of Policy EV2 is that the development of the site fully addresses issues of contamination. Again this issue has been controlled by the relevant conditions from the original outline permission, as recommended by the Environment Agency and the Head of Environment, Management and Protection. Subsequently the site has undergone a number of site investigations since the closure of the former Spontex works. The site remediation strategy has been formally agreed by the Environment Agency and the Local Planning Authority and conducted in line with the contents of that strategy. Existing structures were demolished and foundations removed. Localised contamination has been removed and remediated.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

On the issue of imported material, the Environment Agency have raised a number of queries for deferral to this Council’s Environmental Health Officers. On this issue the Head of Environment, Management and Protection has advised that the site has been progressively excavated and selected materials replaced in a controlled manner. The Head of Environment, Management and Protection has also advised that validation testing has been undertaken to prove compliance with the remediation strategy. Subject to conditions addressing the potential for uncovering previously unidentified contamination, the Pollution Control Division of the Environment Department has raised no objection to the application proposal.

The Environment Agency have also raised issues in respect of the prevention of pollution to controlled waters, which it is considered are either adequately addressed by way of the conditions of the outline planning permission or by way of informatives attached to any reserved matters approval given.

Policy EV3 of the adopted UDP requires new development proposals to provide access and facilities for all; provide satisfactory parking in accordance with Council adopted design standards; contribute to a high quality public realm by improving pedestrian linkages with adjoining spaces and attractions and be accessible to pedestrians, cyclists and users of public transport. In this respect, a total of eight wheelchair accessible bedrooms will be provided as part of the scheme, each with interlinking door to a twin bedded room giving a ratio of 1 accessible room per 20 standard rooms. Eight disabled parking spaces are also proposed. In assessing the application, Swansea Access for Everyone have commented that they are impressed at the level of thought that has gone into these plans to make the proposed hotel assessable to all. The site is also well linked in an accessible manner to adjacent attractions and areas of public realm. The site is located on a bus route and in close proximity the National Cycle Network. Accordingly it is considered that the proposal accords with the requirements of Policy EV3.

Policy EV4 of the UDP states that where development and ancillary features impact on the public realm designs should ensure that schemes integrate with areas to produce spaces that result in quality townscape and building frontages that actively engage with the public, that are “people friendly” in terms of perceived and actual safety levels, and provide attractive detail through the use of high-quality, durable materials. In this respect the main entrance to the hotel at Trawler Road, along with the level of glazing and active frontage to the road and importantly the glazing and active uses that are able to spill out onto the associated terrace in the proposed Atlantic Square provide an excellent degree of active frontage and the opportunity to strongly engage with the adjacent key area of public realm. In doing so it is considered that the proposal will provide a good deal of natural surveillance at all times of the day. Whilst the proposal only includes a limited area of public realm within application site boundary, a condition is however recommended to ensure that the footway, terrace and the main entrance to the site are to ensure that these key areas are well detailed and complimentary to the primary areas of public realm, particularly at Atlantic Square. On the basis of the above and the imposition of such a condition it is considered that the proposal would be in compliance with the provisions of UDP Policy EV4.

For sites of archaeological potential UDP Policy EV6 seeks to ensure that appropriate assessments are carried out and that measures are proposed to preserve, enhance and record features of archaeological interest. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

In this respect, the approved outline planning application was granted subject to a condition requiring the applicant to submit and implement a programme of archaeological investigation prior to the commencement of development. A subsequent programme of investigation has been approved and instigated. In response to their consultation, Glamorgan Gwent Archaeological Trust (GGAT) have incorrectly stated that the current application site did not form part of the original outline planning permission and that accordingly this site has not been subject to the approved programme of investigation. Notwithstanding this view, as a reserved matters application, the site is subject to the original outline planning permission conditions relating to archaeology, and no further condition is required at this stage as the appropriate safeguards are in place to ensure compliance with UDP Policy EV6.

Turning to highway issues, notwithstanding the representation received, the Head of Transport and Engineering has advised that the Transport Assessment submitted with the original outline application demonstrates that the Highway Network at the main access junction can accommodate the increased traffic and remain within its capacity. Furthermore, interrogation of the TRICS database for similar size hotels (based on 164 bedrooms) shows an estimated number of cars arriving to be 20, with departures at 30 for the morning peak, compared to 25 arrivals and 19 departures for the evening peak. Compared to the outline planning permission, which was for a 60 bed hotel, the effect of the additional vehicles will be negligible on the Strategic Highway Network.

The access to the site is directly off the roundabout with an existing arm being utilized purely to serve the development. The access splits to serve the at-grade parking and also the undercroft element. The gradients used are acceptable and should ensure that vehicles do not ground due to inadequate gradients.

Due to the proximity of the north west corner of the site to the adopted highway the developer will need to demonstrate that the structural adequacy of the building will not be detrimental to the adjacent highway. Full retaining wall details will need to be submitted for approval prior to works commencing.

The development has been assessed against adopted parking guidelines. A total of 120 parking spaces are available although 19 of them are restricted and do not have independent access. The Head of Transport and Engineering has advised that whilst this is below adopted guidelines of one space per bedroom plus staff parking, the site is well located for access to and is served by direct public transport routes and also is within walking distance of the Quadrant bus station which links to a wide network of destinations. Furthermore, the surrounding highway is protected by Traffic Regulation orders in the form of double yellow lines which will prevent any on street parking taking place, thus maintaining the freeflow of traffic on the highway. In addition, the Head of Transport and Engineering has also recommended that should consent be granted the applicant will be required to submit a travel plan outlining alternative forms of transport other than a car in order to reduce demand for cars and car parking at the site.

Pedestrian and cycle facilities are to be enhanced by the Swansea Point development. The promenade (width 6m) will be extended along the site frontage and link up to the riverside. This will provide combined cycle/pedestrian use and also accommodate an extension to the land train route. Additional pedestrian/cycle routes will cross the site and there is also a new swing-bridge to be constructed across the Marina entrance, which will provide an extension to the riverside pedestrian/cycle route. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009 ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

Where cycle/pedestrian routes will cross Trawler Road, special treatment will be necessary to enhance safety and this can be incorporated into the 20mph zone requirements.

There are a small number of cycle stands provided although this is inadequate for this level of development. Additional facilities will be required and this is a matter which may be controlled by way of a condition.

No highway objection has therefore been offered subject to conditions relating to appropriate standards of highway works; vehicle visibility, a revised scheme for cycle storage, the provision of a Travel Plan and a vehicular management scheme for the parking facilities.

No objection to the proposal has been received from the Countryside Council for Wales.

Turning to the representations received, the majority of concerns voiced have been addressed above, particularly in respect of highway matters, loss of privacy, loss of daylight and building height/design. In terms of the number of hotels in Swansea, it is not for the planning system to be involved in matters of business competition. As noted above, the application site is essentially a development platform that already benefits from planning permission for a mixed use development. The site was formerly industrialised and as such is not considered to be an area of natural beauty worthy of preservation. The “bendy bus” is not material to the determination of this application.

In conclusion it is considered that the details submitted are overall in accordance with the provisions of the outline planning permission and approved Masterplan, conditions and Section 106 Agreement, prevailing Development Plan Policy and adopted Development Brief. For the reasons detailed above, the departure in the number of storeys is considered to be acceptable and appropriate. It is considered that the proposal represents a further significant contribution to transforming a previously derelict site into a vibrant and sustainable mixed use community within the Maritime Quarter. Approval is therefore recommended.

RECOMMENDATION:

APPROVE, subject to the following conditions:

Conditions:

1 Notwithstanding any details shown on any of the approved plans, unless otherwise agreed in writing by the Local Planning Authority, no superstructure works shall take place without the prior written approval of the Local Planning Authority of a scheme for the hard and soft landscaping of the site. The landscaping scheme shall include all details of all external lighting and street furniture. Beneficial use of the hotel shall not commence until the hard landscaping scheme has been completed to the satisfaction of the Local Planning Authority. The soft landscaping scheme shall be carried out within 12 months from the completion of the development. Any trees or shrubs planted in accordance with this condition which are removed, die, become seriously diseased within two years of planting shall be replaced by trees or shrubs of similar size and species to those originally required to be planted. Reason: To ensure that the site is satisfactorily landscaped having regard to its location and the nature of the proposed development, and to accord with Section 197 of the Town and Country Planning Act 1990. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009 ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

2 Notwithstanding the details shown on any approved plan, the precise location, extent, height and design of all means of enclosure, including gates, shall be submitted to and agreed in writing by the Local Planning Authority prior to commencement of superstructure works. All such works shall accord with the approved details. Reason: In the interests of visual amenity and highway safety.

3 Notwithstanding the details shown on any approved plans, the materials used for the external surfaces of every aspect of the development, including visible elements of the undercroft and surface car parking structures, shall be in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Composite sample panels of fenestration and all cladding materials shall be erected on site and the approved sample panel shall be retained on site for the duration of the works, unless otherwise agreed in writing by the Local Planning Authority Reason: In the interests of visual amenity.

4 Superstructure development shall not commence until details of the following elements at a scale of 1:10 have been submitted to and agreed in writing by the Local Planning Authority:

- A typical window unit within its opening; - The main entrance doors to Trawler Road and Atlantic Square; - Typical glazed screen; - Entrance canopies; - The Feature entrance glazing above and around the Trawler Road and Atlantic Square entrances, - The gable end feature glazing and feature glazing to the fitness room; - The glazed feature lantern; - The Expressed gable feature.

A sectional elevation at scale 1:20 indicating the juxtaposition of various facing materials and how typical junctions are to be detailed shall be submitted to and approved in writing by the Local Planning Authority.

The development shall be carried out in accordance with the agreed details unless otherwise agreed by the Local Planning Authority. Reason: In the interests of visual amenity.

5 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or amending that Order), Part 24 of Schedule 2 shall not apply shall not apply, to the development. Reason: The development hereby approved is such that the Council wish to retain control over any future development being permitted in order to ensure that a satisfactory form of development is achieved at all times.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

6 Any ventilation and fume extraction system requirements shall be implemented in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: To prevent any nuisance from fumes and/or cooking odours to the occupiers of neighbouring premises and in the interests of visual amenity.

7 Notwithstanding the details shown on any approved plan, the precise design of the rainwater systems shall be in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of visual amenity.

8 Notwithstanding the details shown on any approved plan, the precise design and location of all refuse stores and any external plant shall be in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of visual and residential amenity.

9 All adoptable highway works shall be completed to Highway Authority Standards and Specification. Reason: In the interests of highway safety.

10 A scheme for the secure parking of cycles shall be completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: To help prevent unacceptable highway congestion.

11 Unless otherwise agreed by the Local Planning Authority, the development shall be carried out in accordance with a travel plan to be submitted to and agreed in writing by the Local Planning Authority within 12 months of the date of this planning permission or prior to the beneficial use commencing, whichever is the earlier. The Travel Plan shall include details of car reduction initiatives and methods of monitoring, review and adjustment where necessary. Reason: In the interests of sustainability and to prevent unacceptable highway congestion.

12 Unless otherwise agreed in writing by the Local Planning Authority, a scheme for the management of the access to the undercroft and at grade parking facilities and for the management of the restricted parking area, along with the servicing of the site and the identification of any alternative customer car parking shall be submitted to and agreed in writing prior to the beneficial use of the hotel commencing. Reason: To maintain the freeflow of traffic on the highway.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

13 If, during development, contamination not previously identified is found to be present at the site then the Local Planning Authority shall be notified immediately and no further development (unless otherwise agreed) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for a remediation strategy detailing how the unsuspected contamination shall be dealt with.

Unless otherwise agreed by the Local Planning Authority, all structures shall be provided with gas protective measures comprising a continuous waterproof membrane sealed around all services entries. Reason: To protect the health of future occupants against any unidentified residual contamination.

INFORMATIVES

1 The applicant is advised that the relevant Conditions of planning permission ref: 2003/0808 will need to be satisfied with regards to this development and that the requirements of the Section 106 Agreement must be met.

2 The Developer must contact the Network Manager City and County of Swansea, Technical Services, Highways Division, Players Industrial Estate, Clydach, Swansea, SA6 5BJ. Tel 01792 841601 before carrying out any work.

3 The Travel Plan shall include details of car reduction initiatives and methods of monitoring, review and adjustment where necessary. Advice on Travel Plans can be obtained from Jayne Cornelius, SWWITCH Travel Plan Co-ordinator Tel 07796 275711.

4 With regard to drainage from the site, during the outline application, the Environment Agency recommended that sustainable drainage systems (SUDS) be utilised (dependant upon contamination of land) for the disposal of surface water. Condition 28 of outline planning permissions 2003/0808 requires no surface water to be discharged to the main sewerage system and the Agency would expect a surface water drainage scheme to be designed around SUDS principles.

Support for the SUDS is set out in paragraph 8.2 of TAN15 which notes that 'SUDS can perform an important role in managing run-off from a site and should be implemented, wherever they will be effective, on all new development proposals, irrespective of the zone in which they are located.'

The Environment Agency request to be contacted regarding any necessary treatment and disposal of surface and recharge water during the development works and the developer note that a Consent to Discharge may be necessary.

During the site preparation and construction phase, all appropriate pollution control measures must be adopted on-site to ensure that the integrity of controlled waters and the wider environment is assured. The developer is advised to refer to the Agency’s pollution prevention guidance notes (PPGs), which are available to download from our website www.environment-agency.gov.uk/ppg

The Environment Agency are aware of a surface water drain that runs through the AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009 4 site, which leads to the River Tawe. This must be protected whilst construction is (CONT’D) carried out to prevent any contaminated run-off entering the Tawe.

Developers must ensure that there is no possibility of contaminated water entering and polluting surface or underground waters. The provisions of the Water Resources Act 1991 (as amended), must be complied with and in particular, the developer must not cause or permit any poisonous, noxious or polluting matter, (which includes soils, silts or suspended solids), to enter controlled waters.

To further prevent pollution of controlled waters, the Environment Agency request that all surface water drainage from parking areas and hardstandings be passed through trapped gullies with any overall capacity compatible with the site being drained.

The Environment Agency request to be consulted in good time regarding any proposed movements of waste materials across the site, as well as disposal off- site as it is being prepared and developed. Suitable sampling protocols should be discussed, and appropriate disposal routes ascertained.

If any controlled waste is to be removed off-site, then the developer must ensure a registered waste carrier is used to convey the waste material off-site to a suitably authorised facility. The Duty of Care regulations for dealing with waste materials are applicable for any off-site movements of wastes. The developer as waste producer therefore has a duty of care to ensure all materials removed go to an appropriate licensed disposal site and all relevant documentation is completed and kept in line with regulations.

If any controlled waste is to be used on the site for use, then it will be necessary to obtain the appropriate authorisation from the Environment Agency.

Ideally, any scheme should be designed to minimise import/export of spoil i.e. neutral effect. Furthermore, to accord with the waste hierarchy, the developer should consider the reduction, reuse and recovery of waste in preference to off site incineration and disposal to landfill during site construction.

If during construction/excavation works any contaminated material is revealed then the movement of such material either on or off site should be in consultation with the Environment Agency.

Under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws, the prior written consent of the Environment Agency is required for any proposed works or structures in, under, over or within 7 metres of the top of the bank of the River Tawe.

5 Any facilities for the storage of oils, fuels or chemicals should be sited on impervious bases and surrounded by impervious bund walls with the volume of the bunded compound being at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund and the drainage system of the bund sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage and all filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund. This is in order to prevent pollution of the water environment. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009 ITEM 2 (CONT’D) APPLICATION NO. 2009/0368

6 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: Policies HC1, EV1, EV2, EV3, EV4, EV6, EV36, EC15, EC18, AS1, AS2, AS5 and AS6.

PLANS

SP1959 (05) 100; SP1959 (05) 200 received 11th March 2009; SP1959 (05) 201 Rev B, SP1959 (05) 202 Rev A, SP1959 (05) 203 Rev A, SP1959 (05) 204 Rev A, SP1959 (05) 210, Rev B, SP1959 (05) 211 Rev B, SP1959 (05) 212 Rev A received 19th May 2009.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 3 APPLICATION NO. 2008/1460 WARD: Area 1 Uplands

Location: Land adjacent to 63 Bernard Street, Brynmill, Swansea Proposal: Two mid terrace retail units (Class A1) with first floor office/storage accommodation ancillary to the ground floor units. Applicant: John M S Reed

BACKGROUND INFORMATION

This application was DEFERRED FOR A SITE MEETING at the Area 1 Development Control Committee on the 16th June 2009 in order to assess the impact on the amenities of adjoining properties and the street scene. My report and recommendation remain unchanged.

POLICIES

Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).

SITE HISTORY

App No. Proposal 2007/1248 Construction of a mid terrace commercial building (hair salon) (Class A1) (outline) Decision: Grant Permission Conditional Decision Date: 18/09/2007

90/0573/03 EXTENSION OF EXISTING COMMERCIAL PREMISES. Decision: *HRP - REFUSE PERMISSION Decision Date: 25/05/1990

92/0048 NEW SHOP FRONT Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 08/04/1992

94/0030 Change of use from garage/store to hairdressers salon (Class A1) and installation of new shopfront Decision: *HRP - REFUSE PERMISSION Decision Date: 23/03/1994

2006/1245 Two storey mid terrace commercial building (outline) Decision: Refuse Decision Date: 18/07/2006

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009 ITEM 3 (CONT’D) APPLICATION NO. 2008/1460

Response to consultations

ONE neighbouring property was consulted and the proposal was advertised on site. NO RESPONSE.

Highway Observations - In light of the site (albeit over a smaller area) gained outline planning consent for a retail unit at Area 1 Committee against Officer Recommendation I wish to amend my observations.

The proposal is for a new two storey building on land between two existing buildings. Whilst part of the area is currently fenced off and the remainder is covered by an existing domestic extension, the area has previously been identified as a parking area by a Planning Inspector when the adjacent site was given consent at appeal. This parking area however has never been implemented but formed an integral part of the Inspectors decision in 1994 and hence it is reasonable to consider displacement parking as an issue. Whilst the site has planning permission existing on the site, in Highway terms the displacement parking is still a valid observation.

The site is located on Bernard Street, where the majority of dwellings do not have off street parking facilities. The effect of this is that the on street facilities are in high demand, due in part to the lack of off street facilities in Brynmill as a whole, and also as the area is traditionally used for houses in multiple occupancy due to the proximity of the university. There are also sections of `Residents Parking Only’ and this further reduces the availability of unrestricted parking. There have been two areas of `Limited Waiting¿ parking installed in the vicinity to provide parking for the existing retail units.

There are two aspects of this application to consider in terms of highway observations. Firstly, the loss of off street parking spaces, and secondly, the increased attraction of the proposed change of use. The applicant has indicated that the building will be used as two retail units. Whilst the site has an outline consent for a retail unit this current application has a larger footprint, hence the impact on parking both in terms of loss of amenities and attraction of additional traffic to the larger retail units needs to be factored in.

With regard to our adopted parking guidelines, there would be a minimum of two spaces required for parking based on the area of the proposal. In addition there would be an operational requirement for space for one commercial vehicle to unload and manoeuvre, due to the siting of the proposal this area is not available therefore deliveries would have to utilize on street facilities, potentially causing an obstruction. The net effect on the on street parking provision, even discounting the use of the site as parking area, would be a minimum of 2 car spaces.

Refusal is therefore recommended on the following grounds.

1. The addition of further traffic that may be attracted to the site, requiring on street parking, cannot be sustained on the existing public highway. The area is already extremely congested and increased parking would be detrimental to the existing residents/car owners.

2. The site has no dedicated area for deliveries, and hence these would take place on the highway, potentially causing an obstruction to highway users and the free flow of traffic past the site.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009 ITEM 3 (CONT’D) APPLICATION NO. 2008/1460

APPRAISAL

This application is reported to committee for decision at the request of Councillor Peter May.

Full planning permission is sought for a two storey mid terrace building to provide retail units (Class A1) with associated office/storage accommodation at first floor on land adjacent to 63 Bernard Street, Brynmill, Swansea.

The application site is a rectangular parcel of land measuring approximately 41.6m2 fronting Bernard Street. It is bounded by No. 124 Rhyddings Terrace (a former shop now converted into 2 flats) to the south, a hairdresser’s salon to the north and the rear garden area of No. 122 Rhyddings Terrace to the east. The application site is currently a hardstanding measuring approx. 7.3 metres in width. It is proposed to demolish the ground floor rear extension of No. 124 (under the ownership of the applicant) to create a larger plot in which to construct the proposal. The proposed building will be two storey in nature, with eaves at approx. 4.2m in height, a ridge height of approx. 6.2m and a footprint of approx. 56m2.

The main issues for consideration with regard to this application relate to the suitability of the site for small scale commercial development, its impact upon visual amenity, highway safety and residential amenity, having regard to Policy EV1 of the Unitary Development Plan. There are in this instance no additional overriding considerations arising from the provisions of the Human Rights Act.

Policy EV1 states that development must have regard to the amenities of the surrounding area including the impact upon visual amenity, the amenities of the neighbouring residents and highway safety. The introduction and intensification of intrusive land uses within a residential area will not be permitted where the proposed development would cause significant loss of amenity arising from traffic generation, noise, atmospheric pollution, vibration, visual impact or other general disturbance including unsocial hours of operation.

In terms of the planning history of the site, members will recall that an application at this site (ref: 2007/1248) was approved at committee (18th September 2007) for outline consent for a mid terraced commercial building to be used as a hair salon (Class A1) and so the principle of the use of the land for commercial property has been established in this instance, subject to satisfactory details being submitted as part of this application. All details were reserved for future consideration.

Previously, outline planning permission was refused at committee for the construction of a two storey mid terrace commercial building in July 2006 (application ref.2006/1245), for the following reasons:

1. The proposed building by reason of its close proximity to the neighbouring properties would have an unacceptable overshadowing and overbearing physical impact upon these properties to the detriment of the residential amenity of the occupiers. The proposal is therefore contrary to Policy BE2 of the Swansea Local Plan Review No. 1. 2. The proposed building by virtue of the restricted size of the plot would give rise to a cramped form of development which would be out of keeping with the character and appearance of the surrounding properties and the area in general, contrary to Policy BE2 of the Swansea Local Plan. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 3 (CONT’D) APPLICATION NO. 2008/1460

3. The proposal would increase the demand for on-street parking in an already congested area and as such would be detrimental to the existing residents/car owners and the free flow of traffic in the area, contrary to the intentions of the Policy BE2 of the Swansea Local Plan Review No. 1.

The previously approved application (ref: 2007/1248) was for a commercial building of an unspecified height and size that would contain a hair dressing salon. The current application seeks permission for two retail (A1) units, two storeys in height. The applicant has confirmed that the current proposal is not related to the adjacent hair salon, but is for “stand alone” units.

In relation to the hair salon currently operating at the adjoining site, planning permission was allowed at appeal in 1994 for the change of use of a garage/store to a hairdresser’s salon with upstairs stores and staff WC. In allowing the appeal the Inspector noted that this section of Bernard Street, along with some of the corner properties with addresses in Rhyddings Terrace and Marlborough Road form a small local centre which serves a local population. It was expected that a hairdressers at this location would have a mainly local clientele and if not the premises was so small that the number of customers is likely to be low. Accordingly it is not considered that the current proposal would result in the neighbouring residents experiencing an unacceptable level noise and general disturbance, over and above that of the previously approved hair salon.

In terms of visual amenity, the surrounding area is characterised by rows of terraced properties, with long narrow rear gardens. The current application seeks permission for a two storey building that would tie in with the roof of the adjoining properties. On balance and given the pattern of development in this part of Bernard Street, it is not considered that the proposal would detract from the visual amenity of the area.

Turning now to residential amenity, the building would be sited immediately adjacent to the boundary with No. 122 Rhyddings Terrace, with eaves at 4.3m backing onto the neighbouring property’s outdoor amenity space. As such, it is considered that the restricted distance between the proposed rear blank elevation and the immediate neighbouring properties to the east would lead to an unacceptable overshadowing and overbearing physical impact upon the habitable room windows on the rear elevation and the rear garden areas of the properties to the east, to the detriment of the occupiers of these properties. Whilst the site has the benefit of outline permission for a mid terrace commercial building, all details were reserved, including the siting and height of the building. It is considered that the construction of two two storey units extending across the entire eastern boundary of the site would have an unacceptable impact on No. 122 Rhyddings Terrace.

In terms of highway safety, the area is already extremely congested and increased parking would be detrimental to the existing residents/car owners. Therefore the Head of Transportation recommends this application be refused on the grounds that the proposal would result in the addition of further traffic attracted to the site, which in turn would result in additional on street parking which this cannot be sustained on the existing public highway. Furthermore, the site has no dedicated area for deliveries, and hence these would take place on the highway, potentially causing an obstruction to highway users and the free flow of traffic past the site. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 3 (CONT’D) APPLICATION NO. 2008/1460

In conclusion and having regard to all material considerations, it is considered that the proposed building would appear cramped within its plot and would not satisfactorily relate to the established pattern of development in the surrounding area. Additionally, the proposed building would be sited in close proximity to the habitable room windows on the rear wing and to the garden areas of neighbouring properties along Rhyddings Terrace and would therefore have an unacceptable overshadowing and overbearing physical impact upon the occupiers of these neighbouring properties to the detriment of their residential amenity. The proposal is therefore contrary to Policy EV1 of the City and County of Swansea Unitary Development Plan 2008.

RECOMMENDATION:

REFUSE for the following reasons:

1 The proposed building by reason of its height and close proximity to the neighbouring properties would have an unacceptable overshadowing and overbearing impact upon these properties to the detriment of the residential amenity of the occupiers. The proposal is therefore contrary to Policy EV1 of the City and County of Swansea Unitary Development Plan, 2008.

2 The addition of further traffic that may be attracted to the site, requiring on street parking, cannot be sustained on the existing public highway. The area is already extremely congested and increased parking would be detrimental to the existing residents/car owners. The proposal is therefore contrary to Policy EV1 of the City & County of Swansea Unitary Development Plan, 2008.

3 The site has no dedicated area for deliveries, and hence these would take place on the highway, potentially causing an obstruction to highway users and the freeflow of traffic past the site, contrary to Policy EV1 of the City & County of Swansea Unitary Development Plan, 2008.

INFORMATIVES

1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: Policy EV1 of the City & County of Swansea Unitary Development Plan, 2008.

PLANS

Site location plan, block plan, Drwg. No 1 existing elevation, existing floor plan and section, Drwg. No 2 proposed ground and first floor plan, Drwg. No 3 proposed front and rear elevation, Drwg. No 4 section, access statement : Received 9th December 2008

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 4 APPLICATION NO. 2008/2399 WARD: Area 1 Castle

Location: 149 St Helens Road, Swansea, SA1 4DP Proposal: Proposed change of use from offices (Class B1) to 6 self contained flats with external alterations and a 4 storey extension to form 8 self contained flats Applicant: Coastal Housing

BACKGROUND INFORMATION

This application was DEFERRED FOR A SITE VISIT at the Area 1 Development Control Committee on the 16th June 2009 in order to assess car parking in the area. My report and recommendation remains unchanged.

POLICIES

Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).

Policy EV2 The siting of new development shall give preference to the use of previously developed land and have regard to the physical character and topography of the site and its surroundings. (City & County of Swansea Unitary Development Plan 2008).

Policy HC6 Proposals for the conversion of larger dwellings and vacant or under- utilised commercial and industrial buildings to flats or similar will be permitted subject to a set of defined criteria including the effect upon residential amenity; overintensive use of the dwelling or building, effect upon the external appearance of the property and the locality; effect on local car parking and highway safety; and adequate refuse storage arrangements. (City & County of Swansea Unitary Development Plan 2008)

SITE HISTORY

App No. Proposal 2006/2716 Change of use from offices (Class B1) to 6 self contained flats with external alterations and three storey side and rear extensions to form 8 self contained flats Decision: Refuse Decision Date: 07/08/2007

84/0660/08 CHANGE OF USE FROM OFFICES TO ART GALLERY, MUSEUM, PUBLIC LIBRARY, READING ROOM, PUBLIC HALL OR EXHIBITION HALL. Decision: *HGPCU - GRANT PERMISSION UNCONDITIONAL Decision Date: 28/06/1984

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009 ITEM 4 (CONT’D) APPLICATION NO. 2008/2399

84/0669/08 CHANGE OF USE FROM OFFICES TO BUILDING FOR PUBLIC WORSHIP, RELIGIOUS INSTRUCTION, OR SOCIAL/RECREATIONAL ACTIVITIES OF THE RELIGIOUS BODY. Decision: *HGPCU - GRANT PERMISSION UNCONDITIONAL Decision Date: 28/06/1984

84/0661/08 CHANGE OF USE FROM OFFICES TO RESIDENTIAL. Decision: *HGPCU - GRANT PERMISSION UNCONDITIONAL Decision Date: 28/06/1984

84/0662/08 CHANGE OF USE FROM OFFICES TO COMMUNITY PURPOSES. Decision: *HGPCU - GRANT PERMISSION UNCONDITIONAL Decision Date: 28/06/1984

84/0663/08 CHANGE OF USE FROM OFFICES TO PRIVATE MEMBERS CLUB. Decision: *HGPCU - GRANT PERMISSION UNCONDITIONAL Decision Date: 28/06/1984

84/0664/08 CHANGE OF USE FROM OFFICES TO RESTAURANT WITH LIVING ACCOMMODATION. Decision: *HGPCU - GRANT PERMISSION UNCONDITIONAL Decision Date: 28/06/1984

84/0665/08 CHANGE OF USE FROM OFFICES TO GUEST HOUSE. Decision: *HGPCU - GRANT PERMISSION UNCONDITIONAL Decision Date: 28/06/1984

84/0666/08 CHANGE OF USE FROM OFFICES TO PRIVATE HOTEL. Decision: *HGPCU - GRANT PERMISSION UNCONDITIONAL Decision Date: 28/06/1984

84/0668/08 CHANGE OF USE FROM OFFICES TO HEALTH CENTRE, CLINIC, CRECHE, SCHOOL TREATMENT CENTRE, OR DAY NURSERY; DISPENSARY, CONSULTING ROOM OR SURGERY. Decision: *HGPCU - GRANT PERMISSION UNCONDITIONAL Decision Date: 28/05/1984

84/0667/08 CHANGE OF USE FROM OFFICES TO HOME/INSTITUTION FOR CHILDREN/ OLD PEOPLE/DISABLED PERSONS; CONVALESCENT HOME; SANATORIUM OR HOSPITAL. Decision: *HGPCU - GRANT PERMISSION UNCONDITIONAL Decision Date: 28/06/1984

2009/0627 Three storey rear extension with undercroft car parking Decision: CALLED IN Application (Swansea) Decision Date: 04/06/2009

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009 ITEM 4 (CONT’D) APPLICATION NO. 2008/2399

RESPONSE TO CONSULTATIONS

The application was advertised on site and in the local press as development which might affect the setting of a listed building and 11 neighbouring properties were individually consulted. TWO LETTERS OF OBJECTION were received which are summarised as follows:

1. Whilst the revised scheme has sought to address previous shortfalls in terms of general design, massing, scale and impact on neighbouring properties, it continues to represent an inappropriate form of development that conflicts with local planning policy.

2. The previous concerns raised by the Authority, and the Planning Inspector have not been addressed.

3. The contemporary design of the extension makes no attempt to sympathise or harmonise with the character of the existing building, creating an incongruous and alien addition to the existing streetscape.

4. The current scheme is not subservient to the existing building resulting in a form of overdevelopment in terms of both size and mass and will be an overbearing feature to the detriment of the existing building’s setting.

5. The flat roof is a contrived solution to ensuring that the extension’s height is not greater than the existing building.

6. No details of means of enclosure have been provided, and it is taken that the existing high boundary wall will be retained. There will be a strong division between the proposed residential units and existing ones on the adjoining streets, compounded by the absence of any active frontage.

7. The proposal will still have a significant overbearing and overshadowing impact on No. 150 St Helens Road and will be greater given the extension’s eastern wall will be located closer than the previous proposal to the common boundary shared by both properties.

8. No Travel Plan has been submitted, nor has any justification been offered as to why such a low ration of parking provision is to be provided.

9. It is surprising that a Design Statement has not been submitted. This should be requested to justify why the design is deemed appropriate at this location, in view of previous advice given and decisions made on previous schemes for the site.

Dwr Cymru Welsh Water – No objection subject to standard conditions and advisory notes.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 4 (CONT’D) APPLICATION NO. 2008/2399

1st Amended Pans – dated 12th March 2009

The 11 neighbouring properties were re-consulted. ONE LETTER OF OBJECTION was received on behalf of the occupiers of the neighbouring property querying that the Travel Plan has not been amended to refer to the reduction in parking provision (from 10 spaces to 9), nor that an amended assessment has been submitted. The objections previously submitted still stand and raise the following additional points:

1. The only change to the proposed scheme relates to the provision of 9 instead of 10 car parking spaces. The submitted Travel Plan has not been amended to refer to this reduction in parking provision, nor has an amended assessment to support the Plan’s proposals been submitted.

2. Such an assessment should be undertaken, as the significantly low provision of car parking for the scheme is a key concern.

Highway Observations – The applicant is proposing the conversion of an existing building to form 6 self contained flats, and a rear extension to form an additional 8 self contained flats (14 in total) with 9 car parking spaces which are all independently accessible.

The most recent use of the building was as offices but there has been a previous refusal at the site for a similar application for 14 flats but with 19 car parking spaces. The application went to appeal and was dismissed. However, the Planning Inspector commented that ‘Whilst I am mindful of the daytime pressures in the area, given the nature of the accommodation proposed, and the proximity to local facilities and public transport, it seems that the scheme could prove attractive to residents that are non-car owners’.

The site is located in a central location with easy access to public transport and is also within walking distance to the City Centre. Cycle parking is included in the scheme to encourage cycle use, and reduce dependency on motor vehicles. Notwithstanding the details shown on the submitted plans, the exact arrangements will need to be agreed with the Highway Authority. A Travel Plan has been submitted in support of the application.

There are 9 car parking spaces proposed, which is below the parking levels that our adopted parking guidelines would normally recommend. However, the site is located within the central area where there is a relaxation allowed from the adopted parking guidelines. St Helens Road has had a number of residential planning applications approved with parking provision ranging from none at all (with financial contributions to highway improvement works) to one space per unit, and varying ratios in between. This application is providing approximately two thirds of the parking provision normally required so it is considered that a refusal on the basis of inadequate parking provision would be very difficult to justify at appeal.

Pedestrian access is available from the side (Brunswick Street) and vehicular access to the parking area and the flats themselves will be from the rear. The existing pedestrian access to the front is being blocked off. The existing vehicular access is also being blocked off and a new access installed. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 4 (CONT’D) APPLICATION NO. 2008/2399

The opening has been amended at the request of Highways Officers and now measures 4.5m which is suitable for two cars to pass. There is also adequate turning within the site to enable access/egress in a forward gear. On balance and taking into consideration the sustainable location of the application property, together with other approved schemes in the vicinity, it is recommended that no highway objection be raised to the application subject to:

1. The car park areas being laid out/marked up prior to the beneficial occupation of the residential accommodation.

2. The access to the parking area shall be maintained at 4.5m width and a new vehicular crossing to Highway Authority Specification shall be constructed.

3. The parking bays shall be allocated to specific units and shall not be sublet or used for any other purpose.

4. An area for secure cycle storage shall be provided, in accordance with a scheme to be submitted for approval to the Local Planning Authority.

5. The Travel Plan to be finalised and agreed in writing by the Local Planning Authority.

6. The existing drop kerb crossover shall be reinstated to Highway Authority standards and specifications.

Note 1: The Developer must contact the Network Manager City and County of Swansea, Highways Division, Players Industrial Estate, Clydach, Swansea, SA6 5BJ. Tel 01792 841601 before carrying out any work.

2nd Amended Plans – dated 1st May 2009

The neighbouring properties have been consulted. ONE LETTER OF OBJECTION was received on behalf of the occupiers of the neighbouring property advising that the previous objections submitted still stand and raising the following additional points:

1. The predominant plan change to those previously submitted has been the omission of 2 windows at each floor of the proposed extension’s eastern elevation. The result is that the kitchens will have no primary source of light, with the bedrooms having only a small source of primary light.

2. The proposal still fails to adhere to adopted Development Plan Policy in particular Policy EV1.

3. A planning application has been submitted for an extension to No. 150 St Helens Road for the provision of additional space to serve the existing office use. The requirements of this existing use and its proposed expansion should be given full weight in the consideration of this application and suggest that in the spirit of transparency both applications should be considered in tandem.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 4 (CONT’D) APPLICATION NO. 2008/2399

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Alan Lloyd.

It should be noted that a planning application has recently been submitted for the construction of a three storey rear extension with undercroft parking on the neighbouring semi-detached property at No. 150 St Helen’s Road (application ref. 2009/0627 refers). This property is currently in use as offices and the scheme is currently being assessed.

Full planning permission is sought for the change of use from offices (Class B1) to 6 self- contained flats with external alterations and a four storey extension to form 8 self- contained flats at No. 149 St Helens Road, Swansea. There would be 4 one bedroom flats and 10 two bedroom flats.

The application property, located on the north side of St Helens Road at its junction with Brunswick Street, forms part of a pair of prominent and attractive semi-detached properties. They are elevated above street level and bounded on all sides by roads. The buildings combine elements of classical and gothic architecture. The different architectural styles are expressed through classically styled door surrounds and quoins which are set against gothic-styled stone mullioned and transom windows. Roof lines are dominated by a mix of pitches resulting in a number of hipped roofs.

The property, which was last used as offices, is currently vacant, the former occupier having moved on to other premises. St Helens Road itself is a busy centre which contains a mix of uses including shops, offices, health care services, places of worship as well has residential properties. There are several listed buildings within the vicinity of the site, most notably the former Argyll Chapel on the opposite side of the main road, and on the other side of Brunswick Street, lies a terrace of properties fronting St Helens Road.

The portion of the building that is the subject of this planning application constitutes the left hand projection and central elevation of the building. Yet when read as one building the front elevation has a strong sense of symmetry based on two forward projections both with canted bay windows. Although the building exhibits architectural motifs from two different styles of architecture the principal façade forms a solid robust architectural statement that compliments the stature of the row of listed buildings at No. 131-148 St Helens Road.

To the side of the building there is an extension, part of which sits directly on the boundary with Brunswick Street. The extension comprises a staggered pitched roof building which contains the only entrance to the front of the building. At the rear the main building projects into the rear yard of the site where there is also a single storey flat roof extension. The yard has previously been used for parking and has a vehicular entrance onto Brunswick Street. The land within the site is approximately 1m higher that the level of the land in Brunswick Street. The site is enclosed by 2m high stone wall rising to 2.5m high at the rear entrance to the site and along the rear boundary. In places the wall has been caped or extended in brickwork.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 4 (CONT’D) APPLICATION NO. 2008/2399

This current planning application has been the subject of considerable negotiation with Officers, and the scheme has been amended to take into account the concerns raised and in response to the advice given.

The proposal involves the following changes and additions:

• Change of use of existing building to 6 self contained flats; • Three storey projecting side gable to western side of existing building (to accommodate pedestrian entrance and stairwell); • Four storey rear extension to accommodate 8 self contained flats; • New pedestrian access off Brunswick Street; • Blocking off of existing vehicular access and installation of new access to rear. • Provision of 9 car parking spaces.

In terms of the existing building the main alteration will be the introduction of a 3 storey projecting side gable on the western side to replace an existing single storey side extension. This has been designed with a pitched roof and will house a pedestrian entrance and stairwell to serve the proposed 6 flats in the existing building.

With regards the proposed rear extension, this is deliberately 155 sq m different in design to the existing building. The proposed extension will measure some 17.2m in depth, 9m in width and a height of 11.4m, but due to the inclusion of a flat roof, it will not project above the existing building’s ridgeline. The extension will house the 8 remaining flats and will contain fenestration elements on all three sides. Those facing the adjoining property at No. 150 will contain obscure glazing and controlled aspect oriel windows to bedrooms, to minimise overlooking.

In terms of access, it is proposed that the existing vehicular access will be stopped up and a new access will be installed on the northern edge of the site leading onto Paget Street. 9 parking spaces are to be provided, including one for disabled access. A pedestrian access will be created from Brunswick Street.

Members will recall that planning permission for a much larger scheme for the change of use from offices to 6 self contained flats with external alterations and three storey side and rear extension to form 8 self contained flats (planning application ref. 2006/2716), was refused at Area 1 Development Control Committee on the 31st July 2007 for the following reasons:

1. The proposed extension represents an overdevelopment of the site which, by virtue of its excessive height, size and design, is out of keeping with the scale and character of the semi-detached property and as such would significantly detract from the character and appearance of the streetscene contrary to Policies BE1 and BE2 of the Swansea Local Plan Review No.1.

2. The proposed extension by virtue of its scale, height and proximity to the surrounding properties would have an unacceptable overbearing, overshadowing and potentially overlooking/loss of privacy impact upon these properties, to the detriment of the amenities currently enjoyed by the occupiers. As such, the proposal is contrary to Policy BE2 of the Swansea Local Plan Review No.1. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 4 (CONT’D) APPLICATION NO. 2008/2399

3. The proposal by virtue of its design and scale would have an unacceptable detrimental effect on the character and appearance of the area and would harm the setting of adjacent Listed Buildings. As such, the proposal is contrary to Policy BE15 of the Swansea Local Plan Review No.1.

A subsequent appeal to The Planning Inspectorate was dismissed with conclusions reached that the proposal would harm the character and appearance of the host building and the surrounding area and it would give rise to unacceptable overlooking between occupiers of the adjacent offices and prospective residents of the proposed development (Appeal Decision APP/B6855/A/08/2065512 dated 30th April 2008 refers).

This amended proposal has therefore been submitted with a view to overcoming the previous grounds of refusal and in response to the planning appeal decision. The main issues for consideration in this instance therefore relate to the acceptability of the proposed use at this location, its impact upon the character and appearance of the surrounding area, and on the living and working conditions of neighbouring residents/occupiers, taking into account the prevailing Development Plan and the planning history of the site including the recent appeal decision. There are no overriding issues in relation to the Human Rights Act.

Since the previous decision for refusal and the Planning Inspector’s Appeal decision was issued, the City and County of Swansea Unitary Development Plan has now been adopted and is the current Development Plan in operation superseding the Swansea Local Plan Review No.1. The relevant polices applicable in this instance therefore are Policies EV1 – Design; EV2 – Siting; HC6 – Flat Conversions; and AS6 – Parking.

This current scheme has been revised taking into account the stated reasons for refusal and the findings of the Planning Inspector. The salient points of the Planning Inspector findings are thus considered against this current proposal and these are discussed below:

Character and Appearance:

The front elevation of the building and significantly the bay windows and surrounds are to remain as they exist at present. The current proposal no longer seeks to replicate the existing building, which remains as the main element on site with the proposed extension to the rear subservient to it.

The earlier application proposed a rear extension to the host building with a footprint area of approximately 265 m2. The Inspector in the decision letter noted that “the proposed extension in relation to the host building is large and would occupy most of the presently open space at the rear of the building. Within this densely developed urban location the size of the proposed addition would not in itself be harmful to the area’s character……”

The present proposal has a smaller footprint area of 155 m2 and does not take up such a prominent position, onto Brunswick Street.

The height of the proposed four storey extension is lower than previously proposed and is considered appropriate and would not have sufficient impact on the neighbouring property at No. 150 St Helens Road to warrant a refusal as previously identified by the Planning Inspector. However a key issue was the traditional architectural approach proposed for the extension which the Inspector considered to devalue the host building. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 4 (CONT’D) APPLICATION NO. 2008/2399

In response to this the proposed extension is now deliberately different to the host dwelling and the set back vertical strip of living room windows creates a definite break between the two elements.

The previously proposed building was on stilts with parking below and the Inspector highlighted that this related poorly to the streetscene. The revised approach now has less parking provision and the ground floor void has been removed i.e. the building now comes down to the ground.

The revised scheme has taken account of the concerns raised by the Inspector, and in response to advice from Officers. The proposed extension is contemporary in nature and deliberately different in design to the original building; it has been has been reduced in scale, and the ground floor void has been removed. Overall, it is considered that although to a degree it comprises its architecture, the proposed scheme retains enough of its architectural quality and character to maintain the building’s historic and architectural integrity, whilst accommodating a different use. It is therefore considered that the revised scheme has overcome reason for refusal no.1.

It is noted that the Planning Inspector considered that the previous proposal would not affect the setting of nearby listed buildings. In view of his findings, it is therefore considered that this proposal, which is smaller in scale from the previous proposed scheme, will not affect the setting of nearby listed buildings and has overcome reason for refusal no. 3.

Living and Working Conditions:

Whilst the proximity to the boundary was not considered to be an issue by the Planning Inspector, he did identify the issue of overlooking the adjacent site (No. 150 St Helens Road). This has been designed out through the introduction of controlled aspect oriel windows to bedrooms on the north elevation and through obscure glazing to bathroom windows.

Three of the proposed flats in the extension were originally proposed to have obscure glazing to kitchen/dining room windows. However, it was not considered acceptable to obscure glaze the sole window to a habitable room and this has been omitted from the revised plans. The internal layout of the flats have thus been amended to accommodate an enlarged lounge/dining area and smaller kitchen area but with glazed door and panel area to allow light through to the kitchen area.

The Planning Inspector considered that whilst, the physical proximity and height of the extension would lead to some visual intrusion and loss of light to those working in No. 150, given the orientation of this property and the nature of its use, this would not have sufficient impact to warrant refusing the scheme.

Turning to the impact on the neighbour to the rear at No. 26 Russell Street, the Planning Inspector concluded that given the separation between the rear-facing gable of the proposed extension and this neighbour, and the limited openings and high boundary wall of that property, the scheme would not seriously impinge on the living conditions of its residents. Further, he considered that the extension would be sufficiently distance from any other property to ensure that neighbours are not unacceptably affected. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 4 (CONT’D) APPLICATION NO. 2008/2399

The present proposal as indicated earlier has a smaller footprint and has a greater separation distance to No. 26 Russell Street.

In view of the above amendments, which have been negotiated by Officers, to reduce the level of overlooking of the adjacent property, and having regard to the Inspectors findings it is considered that the proposal has overcome reason for refusal no.2.

With regard to parking, access and highway safety, it should be noted that the Planning Inspector in his appeal decision commented that ‘Whilst I am mindful of the daytime pressures in the area, given the nature of the accommodation proposed, and the proximity to local facilities and public transport, it seems that the scheme could prove attractive to residents that are non-car owners’. The Head of Transportation and Engineering has acknowledged that the level of car parking proposed is below that normally recommended under adopted parking guidelines. However the site is located in a central location with easy access to public transport and within walking distance to the City Centre. On balance and taking into consideration the sustainable location of the application property, together with other approved schemes in the vicinity, the Head of Transportation and Engineering has recommended that no highway objection be raised to the application subject to the inclusion of a number of conditions.

The concerns raised on behalf of the occupiers of the adjacent building (No. 150 St Helens Road) are noted. However, it is considered that this reduced and revised scheme has sought to address and overcome the concerns previously raised, and has responded positively to the findings of the Planning Inspector and the advice of Officers of the Department. It is noted that a planning application has recently been received for a three storey extension to the rear of No. 150 St Helens Road. This application is currently at consultation stage and the relative merits of this application will be given full consideration prior to a decision being made.

In conclusion and having regard to the provisions of the Human Rights Act, the proposed change of use, extension and external alterations, is considered to be an acceptable form of development, which retains enough of its architectural quality and character to maintain the building’s historic and architectural integrity, whilst accommodating a different use and importantly reusing an existing vacant property, without having an unacceptable adverse effect in terms of overbearing, overshadowing or overlooking impact on the neighbouring property at No. 150 St Helens Road. As such the application is considered to have overcome the previous reasons for refusal and addressed the salient points of the findings of the Planning Inspectors appeal decision. The proposal is therefore considered to comply with Policies EV1, EV2 and HC6 of the Unitary Development Plan. Approval is therefore recommended.

RECOMMENDATION

APPROVE, subject to the following condition(s):

1 The development shall be commenced not later than the expiration of 5 years from the date of this planning permission and shall be completed in accordance with the said application plans and conditions prior to any part thereof being brought into beneficial use, unless otherwise agreed in writing by the Local Planning Authority. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990 and to ensure that the development is completed in accordance with the plans approved by the City and County of Swansea, and so avoid any detriment to amenity or public safety by works remaining uncompleted. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 4 (CONT’D) APPLICATION NO. 2008/2399

2 Unless otherwise agreed in writing by the Local Planning Authority, prior to the commencement of works on site, cycle parking spaces, bin-stores and recycling storage shall be provided within the curtilage of the site, full details of which shall be submitted to and approved in writing by the Local Planning Authority before the development commences. Reason: To safeguard the visual amenity of the locality and the residential amenities of future occupiers.

3 The materials used for the external surfaces of the development shall be in accordance with details submitted to and approved in writing by the Local Planning Authority before the development is commenced. Reason: In the interests of visual amenity.

4 All windows on the approved plans that are annotated to be obscurely glazed shall be unopenable except for a fan light and shall be permanently retained with obscure glass as such unless otherwise agreed in writing with the Local Planning Authority. Reason: To safeguard the privacy of the occupiers of the neighbouring commercial property.

5 A new vehicular crossing shall be constructed and the existing drop kerb crossover shall be reinstated in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority, and the car parking area shall be laid out prior to the beneficial occupation of the residential accommodation. The access to the parking area shall be maintained at 4.5m width. Reason: In the interests of highway safety.

6 The disabled parking bay shall be laid out in accordance with the relevant British Standard, and shall only be used by registered disabled drivers. Reason: To ensure that adequate parking is provided for disabled residents.

7 Notwithstanding the details indicated on the approved elevational drawings, detailed drawings of the new entranceway and typical aluminium framed window details indicating window units, sills, head and reveal depth shall be submitted to and approved by the Local Planning Authority.

Reason: To ensure that the external appearance of the buildings are visually acceptable.

INFORMATIVES

1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: (EV1, EV2 and HC6).

2 This consent is issued without prejudice to any other consents or easements that may be required in connection with the proposed development.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 4 (CONT’D) APPLICATION NO. 2008/2399

3 Birds may be present in this building and it's grounds please note it is an offence under the Wildlife & Countryside Act 1981 (as amended) to intentionally (intentionally or recklessly for Schedule 1 birds) to: - Kill, injure or take any wild bird - Take, damage or destroy the nest of any wild bird while that nest in use or being built - Take or destroy an egg of any wild bird Care should be taken when working on buildings particularly during the bird nesting season March-August.

4 To protect the integrity of the Public Sewerage System, foul water and surface water discharges shall be drained separately from the site.

5 To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment, no surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system unless otherwise approved in writing by the Local Planning Authority.

6 To prevent hydraulic overload of the public sewerage system and pollution of the environment, land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system.

7 If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water's Network Development Consultants on 01443 331155.

8 Any waste excavation material or building waste generated in the course of the development must be disposed of satisfactorily and in accordance with Section 34 of the Environmental Protection Act 1990. Carriers transporting waste must be licensed waste carriers.

9 The activity of importing waste into the site for use as, for example hardcore, must re-registered by the Environment Agency Wales as an exempt activity under the Management Licensing Regulations 1994.

10 The Developer is reminded that consent under the Town and Country Planning Act 1990 conveys no approval under the Highways Act 1980 for works to be undertaken affecting any part of the public highway including verges and footways and that before any such works are commenced the developer must:

i) obtain the approval of City and County of Swansea as Highway Authority to the details of any works to be undertaken affecting the public highway; ii) indemnify the City and County Council against any and all claims arising from such works; iii) give not less than one calendar month's notice in writing of the date that the works are to be commenced to the Director of Technical Services, at the County Hall, City and County of Swansea, Oystermouth Road, Swansea. Tel. 636000.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 4 (CONT’D) APPLICATION NO. 2008/2399

11 The Developer must contact the Network Manager City and County of Swansea, Highways Division, Players Industrial Estate, Clydach, Swansea, SA6 5BJ. Tel 01792 841601 before carrying out any work.

12 i. The applicant is requested to contact the Head of Environmental Health Services prior to the commencement of any works on site in order to identify any statutory controls which may be required in relation to the specific works being carried out and the hours of working on the site.

ii. The applicant's attention is drawn to the requirements of the Highways Act not to cause obstruction to the users of the public highway nor to allow soil, and or other materials to be deposited onto the street, and to obtain consent for the storage of building materials on the public highway. The applicant should contact the Director of Technical Services to advise on the requirements of the Act and the penalties for non-compliance.

13 PARTY WALL ETC ACT 1996

The developer is advised that the provisions of the Party Wall etc. Act 1996 may be applicable to the proposal and is advised to seek appropriate advice prior to any work commencing on site.

PLANS

Site location plan, Drwg No.BBA 417.P.01 existing block plan, BBA 417.P.02 existing floor plans and elevations access Statement received 18th December 2008. Amended plan BBA417.P.03E- proposed site plan (1:200), BBA417.P.04B- proposed elevations, BBA417.P.05B-proposed floor plans received 1st May 2009

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 5 APPLICATION NO. 2009/0522 WARD: Area 1 Landore

Location: 42 Villiers Street, Swansea, SA1 2HD Proposal: First floor rear extension Applicant: Alison King

BACKGROUND INFORMATION

POLICIES

Policy Policy Description Policy HC7 Proposals for extensions and alterations to existing residential dwellings will be assess in terms of; relationship to the existing dwelling, impact on the character and appearance of the streetscene, effect on neighbouring properties, and impact on car parking. (City & County of Swansea Unitary Development Plan 2008)

Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).

SITE HISTORY None

Response to consultations

Three individual properties consulted. No response.

Highway Observations – The area of the extension does not require any additional car parking in accordance with our adopted parking guidelines, nor is there any parking detriment to consider. I recommend that no highway objection is raised to this application.

Appraisal:

This application is reported to Committee for decision at the request of Councillor R. Speht.

This application seeks full planning permission for the construction of a first floor rear extension at No. 41, Villiers Street, Hafod, Swansea.

The property is located on the western side of Villiers Street approximately 35 m to the east of its junction with Cwm Terrace. The proposed extension would be constructed above an existing single storey extension at the rear of the property. The extension would measure 2.9m by 3.5m. It would have a pitched roof with an eaves height of 5.25m and a ridge height of 6.1m. External finishes would include render to walls and tiles to the roof, all to match existing.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 5 (CONT’D) APPLICATION NO. 2009/0522

The main issues for consideration relate to the impact of the proposed extension on visual amenity and the residential amenity of the occupiers of neighbouring residential properties after taking into consideration the criteria set out in Policies EV1 and HC7 of the City and County of Swansea Unitary Development Plan and the Supplementary Planning Guidance set out in the A Design Guide for Householder Development document. There are no additional issues arising from the provisions of the Human Rights Act.

The application site comprises a terraced property that has already been extended by a single storey flat roof kitchen/bathroom extension. The first floor extension would be constructed directly above the ground floor kitchen.

With regard to visual amenity, the proposed extension would be sited on the rear elevation of the terraced property. Properties in Villiers Street have a variety of extensions and it is considered that the proposed extension, with its pitched roof, would be visually in keeping with the character and appearance of the existing dwelling and the surrounding area and as such, would not be visually prominent within the streetscene. The design and materials proposed would complement the existing dwelling house and therefore it is considered that the proposal would not detract from the visual amenity of the application property or the character and appearance of the surrounding area.

With regard to Residential amenity, the proposed first floor rear extension would comply with the requirements of the Council’s ‘A Design Guide for Householder Development’ to terraced properties, as the total depth of the first floor extension would measure 3.5m. The adjoining neighbouring property to the west of the application site no.43 Villiers Street already benefits form a large two storey rear extension. However, the adjoining neighbouring property to the east of the application site, no. 41 Villiers Street, currently only benefits from a ground floor rear extension and has a first floor window in the rear elevation of the original property which serves a bedroom. It is acknowledged that the proposed first floor rear extension would result in some loss of light to the first floor accommodation. However, as the sun rises from the east, the proposal would only affect the direct sunlight to the rear first floor bedroom window during the latter part of the day and on balance, it is not considered that the impact would be unacceptably adverse and would comply with A Design Guide for Householder Development. Neighbouring properties nos. 41 and 43 Villiers Street have no windows in their side elevations facing the application site and the proposed extension has no windows proposed in either side elevation facing neighbouring properties, the window at the rear would directly overlook the applicant’s garden. Therefore it is considered that the proposal would not have an adverse overbearing/overshadowing or loss of privacy impact on the adjoining neighbouring properties Nos. 41 and 43 Villiers Street

It is considered that the proposed extension satisfies the criteria set out in Policies EV1 and HC7 of the City and County of Swansea Unitary Development Plan and A Design Guide for Householder Development and would not detract from the character and appearance of the streetscene nor result in unacceptable loss of amenity to the occupiers of the adjacent dwellings. Consequently it is considered that the proposed extension is acceptable and approval is recommended. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 5 (CONT’D) APPLICATION NO. 2009/0522

RECOMMENDATION:

APPROVE subject to the following conditions:

1 The development shall be commenced not later than the expiration of 5 years from the date of this planning permission and shall be completed in accordance with the said application plans and conditions prior to any part thereof being brought into beneficial use, unless otherwise agreed in writing by the Local Planning Authority. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990 and to ensure that the development is completed in accordance with the plans approved by the City and County of Swansea, and so avoid any detriment to amenity or public safety by works remaining uncompleted.

2 The materials used in the development hereby approved shall match those of the existing building. Reason: In the interests of visual amenity.

INFORMATIVES

1 This consent is issued without prejudice to any other consents or easements that may be required in connection with the proposed development.

2 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: Policies EV1 and HC7 of the City & County of Swansea Unitary Development Plan and `A Design Guide for Householder Development'.

3 Birds may be present in the roof of this building please note it is an offence under the Wildlife & Countryside Act 1981 (as amended) to intentionally (intentionally or recklessly for Schedule 1 birds) to: - Kill, injure or take any wild bird - Take, damage or destroy the nest of any wild bird while that nest in use or being built - Take or destroy an egg of any wild bird Care should be taken when working on buildings particularly during the bird nesting season March-August.

4 It is an offence under the Wildlife & Countryside Act 1981 (as amended) to intentionally (intentionally or recklessly for Schedule 1 birds) to: - Kill, injure or take any wild bird - Take, damage or destroy the nest of any wild bird while that nest in use or being built - Take or destroy an egg of any wild bird You are advised that any clearance of trees, shrubs, scrub (including gorse and bramble) or empty buildings should not be undertaken during the bird nesting season, 1st March - 31st August and that such action may result in an offence being committed.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 5 (CONT’D) APPLICATION NO. 2009/0522

5 Bats may be present. All British bat species are protected under Schedule 5 of the Wildlife & Countryside Act 1981 (as amended) and are listed in Schedule 2 of the Conservation (Natural Habitats & c.) Regulations 1994. This legislation implements the EC Habitats & Species Directive in the UK making it an offence to capture, kill or disturb a European Protected Species or to damage or destroy the breeding site or resting place of such an animal. It is also an offence to recklessly / intentionally to disturb such an animal. If evidence of bats is encountered during site clearance, work should cease immediately and the advice of the Countryside Council for Wales sought before continuing with any work (01792 634960).

PLANS

1 Site location & block plan, 2 existing floor plans, 3 proposed floor plans, 4 existing & proposed elevations, 5 proposed cross section, 6 construction details received 3rd April 2009

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 6 APPLICATION NO. 2009/0188 WARD: Area 1 Castle

Location: Warehouse rear of 5-8 Humphrey Street, Swansea, SA1 6BG Proposal: Change of use from former carpet warehouse (Class A1) to community training centre (Class D1) and community events centre (Class D2) with fenestration alterations and roller shutter to front elevation Applicant: Mr Steve Harrison

BACKGROUND INFORMATION

POLICIES

Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).

Policy EV3 Proposals for new development and alterations to and change of use of existing buildings will be required to meet defined standards of access. (City & County of Swansea Unitary Development Plan 2008)

Policy HC15 Proposals for new and improved local community and health facilities will be supported subject to compliance with a defined list of criteria including access ability, impact on amenity, effect on natural heritage and historic environment and impact on adjacent road network. (City & County of Swansea Unitary Development Plan 2008)

SITE HISTORY

App No. Proposal 90/1406/03 CHANGE OF USE FROM TYRE DEPOT TO RETAIL FOOD STORE. Decision: *HRP - REFUSE PERMISSION Decision Date: 05/12/1990

91/0756 RETENTION OF USE FOR STORAGE AND SALE OF CARPETS (CLASS A1) FROM USE FOR STORAGE AND FITTING OF TYRES (CLASS B1) Decision: *HGPC - GRANT TEMPORARY PERMISSION CONDITIONAL (2 years) Decision Date: 31/07/1991

91/6060 Retention of advance directional advertisement Decision: Appeal Dismissed Decision Date: 05/10/1992

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 6 (CONT’D) APPLICATION NO. 2009/0188

RESPONSE TO CONSULTATIONS:

Neighbours: Twelve neighbouring properties were individually consulted and the application was advertised on site in the form of a Site Notice. NO letters of OBJECTION were received.

Highways: Change of use from carpet warehouse (Class B8) to community training centre (Class D1) and community centre (Class D2) with fenestration alterations and roller shutter to front elevation.

Amended plans/description.

A plan has been submitted showing that eight car parking spaces can be accommodated within the site boundary. Whilst the layout is informal and the spaces are not independently accessible it is envisaged that the car park will be primarily utilized by staff so this is not such a problem. On street parking and public car parking facilities are available in close proximity and visitors/staff will be expected to use these.

The nature of the proposed use as a community facility and size of the development is such that it is not likely to generate significant traffic movements. Also given the fall back position of carpet warehouse, the proposed use is unlikely to result in many additional traffic movements over and above what the warehouse generated.

I recommend that no highway objections are raised to the proposal subject to the parking area being retained for sole use by the associated development.

APPRAISAL:

This application is reported to Committee for decision at the request of Councillor David Phillips.

Full planning permission is sought for the change of use from a former carpet warehouse to community training centre (class D1) and community centre (class D2) with fenestration alterations and roller shutter to front elevation at warehouse to the rear of 5-8 Humphrey Street, Swansea. The application is made by Community Lives Consortium which is a non-profitable organisation with charitable status. The Consortium provides support for adults with learning disabilities working in partnership with Social Services and Health Agencies. The aim of the Consortium is to provide support for people who want to live successful lives in the Community. The Consortium provides services under contract with either the City and County of Swansea or Neath Port Talbot County Borough Council.

The principal issues to consider in this case is the acceptability of a Class D1 and D2 training centre and community centre use within this predominately residential area having regard for the impact of the proposal upon the visual amenity of the area, the residential amenities of the neighbouring properties and highway safety, having regard for the provisions of the Swansea Unitary Development Plan. It is not considered that the submitted access statement or Human Rights Act raise any additional issues. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 6 (CONT’D) APPLICATION NO. 2009/0188

The building has a previous Class A1 use within a predominately residential area on the fringe of the city centre. It is considered that a training centre and evening/weekend Community Centre would integrate satisfactorily within the local community and represents an appropriate use at this location. Turning to the impact upon the amenity of neighbouring properties, as stated previously the application property is situated within an area largely made up of residential properties. It is not considered that the use of the building as a training centre/community centre will result in an unacceptable increase in noise and general disturbance to neighbouring occupiers of residential properties. On this basis, it is not considered that this proposal will result in any increased detriment to the amenities of the neighbouring properties. A time condition is, however, recommended to prevent the use of the building at anti social hours.

The facility is easily accessible to the local and wider community by good pedestrian and vehicular infrastructure and is served by a good standard of easily accessible public transport. The building is also situated within close proximity to Swansea City Centre and therefore its location is accessible to the Local Community in compliance with the provisions of Policy HC15 of the UDP.

In terms of visual amenity the proposed alterations to the pattern of fenestration and installation of a roller shutter are considered appropriate and will have an acceptable impact upon the character and appearance of the existing building and the wider street- scene. As such this element of the scheme is also considered acceptable.

Having consulted the Head of Transportation and Engineering it is considered that given the nature of the proposed use as a community facility and size of the development is such that it is not likely to generate significant traffic movements, coupled with the fall back position of carpet warehouse, the proposed use is unlikely to result in additional traffic movements over and above what the warehouse generated and as such there are no highway objections to the proposal subject to the parking area being retained for sole use by the associated development.

In conclusion it is considered that the proposed change of use to Community Training Centre (Class D1) / Community Centre (Class D2) and alterations will have a positive impact upon the character and appearance of the immediate and wider area. Furthermore the proposal will have an acceptable impact upon the residential amenities of the neighbouring occupiers, given the alternative existing use. The proposed facility will be easily accessible to the local community by good pedestrian and public transport routes and having consulted the Head of Transportation and Engineering, there are no objections to the proposed change of use. As such the proposal is considered to comply with the principle of Policies EV1, EV3 and HC15 of the Swansea Unitary Development Plan and is recommended for approval.

RECOMMENDATION:

APPROVE, subject to the following conditions: AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 6 (CONT’D) APPLICATION NO. 2009/0188

CONDITIONS:

1 The development shall be commenced not later than the expiration of 5 years from the date of this planning permission and shall be completed in accordance with the said application plans and conditions prior to any part thereof being brought into beneficial use, unless otherwise agreed in writing by the Local Planning Authority. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990 and to ensure that the development is completed in accordance with the plans approved by the City and County of Swansea, and so avoid any detriment to amenity or public safety by works remaining uncompleted.

2 The premises shall be used for a community training centre (Class D1) and community events centre (Class D2) only and for no other purpose (including any other purpose in Classes D1 and D2) of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification). Its use as a cinema, concert hall, dance hall or bingo hall is specifically excluded from this permission. Reason: To retain control over future development.

3 The parking provision at the site shall be retained solely in association with the use of the centre as a training/community centre, unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interest of highway safety.

4 The premises shall not be used by customers before 8am nor after 10pm on any given day, unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the residential amenities of the neighbouring occupiers.

INFORMATIVES

1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: (EV1, HC15 and EV3).

2 To protect the integrity of the public sewerage system, foul water and surface water discharges shall be drained separately from the site.

To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment, no surface water shall be allowed to connect, either directly or indirectly, to the public sewerage system unless otherwise approved in writing by the Local Planning Authority.

To prevent hydraulic overload of the public sewerage system and pollution of the environment land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009 ITEM 6 (CONT’D) APPLICATION NO. 2009/0188

3 If a connection is required to the public sewerage system the developer is advised to contact Dwr Cymru Welsh Water's Network Development Consultants on 01443 331155.

PLANS

Site location plan, 445/1A existing floor plan and elevations, 445/2A dimensioned proposed elevations and floor plans, 445/1 existing floor plan and elevations, 445/2 dimensioned proposed elevations and floor plans received 27th March, 2009

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 7 APPLICATION NO. 2008/1425 WARD: Area 1 Castle

Location: 20 The Promenade, Mount Pleasant, Swansea Proposal: Conversion of existing house into three maisonettes, addition of front balcony, reconstruction and reduction of size of rear extension and associated fenestration alterations Applicant: Mr Thomas B Davies

BACKGROUND INFORMATION

This application was DEFERRED at the meeting of the 31st March and 7th April 2009 until such time as the relevant Road Traffic Orders in respect of residents parking had been made. These have now been undertaken. The Highway Observations section of the report has been updated accordingly. My recommendation remains unchanged.

Previously this application had been DEFERRED at the meeting on 10th March 2009 to enable the submitted plans to be displayed.

POLICIES

Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).

Policy HC6 Proposals for the conversion of larger dwellings and vacant or under- utilised commercial and industrial buildings to flats or similar will be permitted subject to a set of defined criteria including the effect upon residential amenity; overintensive use of the dwelling or building, effect upon the external appearance of the property and the locality; effect on local car parking and highway safety; and adequate refuse storage arrangements. (City & County of Swansea Unitary Development Plan 2008)

SITE HISTORY

App No. Proposal 2007/0749 Conversion of existing house into three maisonettes, addition of front balcony, reconstruction and reduction of size of rear extension and associated fenestration alterations Decision: Refuse Decision Date: 24/08/2007

88/0778/03 CHANGE OF USE TO A NURSING HOME FOR 15 PATIENTS INCL. MENTAL HEALTH CARE. Decision: *HRP - REFUSE PERMISSION Decision Date: 02/08/1988

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 7 (CONT’D) APPLICATION NO. 2008/1425

2006/1046 Change of use from dwelling house to three maisonettes (Class C3) Decision: Withdrawn Decision Date: 17/10/2006

79/0278/11 CONVERSION INTO 3 FLATS Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 26/04/1979

RESPONSE TO CONSULTATIONS

SEVEN neighbouring properties and the Mount Pleasant Residents Association consulted and the application was advertised on site – No response.

Highway Observations – The application is to create three maisonettes from the single dwelling, with amendments to the rear elevation to provide a suitable rear parking area to allow parking for two vehicles. The conversion of this property into 3 maisonettes was considered and approved in 1979 however a more recent application (2007/0749) was refused consent at Area 1 Committee on the grounds that the rear parking area would have resulted in the loss of one residents parking bay.

The current use of the application site is that of a large single dwelling where there is currently no off-street car parking. In accordance with our adopted parking guidelines for residential conversions from a single dwelling unit to three self contained flats two additional spaces are required. The applicant has indicated on the plans that the rear wall is to be knocked down to allow for the 2 off-street car parking spaces. The rear kerbing has subsequently been dropped to Highways Authority standards (which did not require planning permission) to allow for vehicular access, the rear wall has been removed and also the Residents Parking scheme has been amended as a result.

In summary, the applicant can provide two new spaces to the rear of the property, with one space already having been lost from the residents’ parking bay by the dropping of the kerb. Therefore overall there is a net gain of 1 car parking space compared to the current use.

As the additional parking requirement for the change of use has been provided, albeit with the loss of one residents’ parking bay I feel that a highways refusal could not be sustained at appeal. I therefore recommend that no highway objections be raised to this application, subject to the car parking spaces remaining for the residents of the dwelling in perpetuity.

Note: Please be advised that parking permits will not be available to the residents of this property, over and above the existing allocation for a single dwelling.

Addendum:

A traffic order to regularise the revised residents’ parking bay outside No. 20 The Promenade, and also the replacement of the ‘lost’ parking bay with two additional parking bays further down Cromwell Street has been advertised and the adjustment to the resident only parking bay and implementation of its replacement has been completed at the expense of the developer. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 7 (CONT’D) APPLICATION NO. 2008/1425

However, it should be noted that for the reasons given above, my recommendation of no objection to the application is not dependant on the potential replacement of the lost parking space at the rear of 20 The Promenade with alternative provision further down Cromwell Street.

APPRAISAL

This application is reported to Committee for decision at the request of Councillors Alan Lloyd and David Phillips.

This application represents the resubmission of a previous application (ref 2007/0749) for the conversion of existing house into three maisonettes, addition of front balcony, the reconstruction and reduction in the size of rear extension to facilitate the provision of two off street parking spaces at 20 The Promenade. This previous application was refused at Committee in August 2007 contrary to officer recommendation, on the grounds that the provision of the rear car parking area and associated dropped kerb would result in the loss of one on-street residents’ parking bay detrimental to the level of parking provision within the local area.

However, the dropped kerb has now been formed, for which no planning permission was required, and the residents’ parking bay has been amended accordingly. The application has therefore been resubmitted for consideration.

The main issues for consideration with regard to this application are the impact of the proposal on visual and residential amenity, and the impact of the proposal on parking provision in the vicinity of the site, having regard to both the previous refusal and Policies EV1 and HC6 of the Unitary Development Plan. There are in this case considered to be no additional overriding considerations arising from the provisions of the Human Rights Act.

Policy HC6 of the UDP states that proposals for the conversion of larger dwellings and vacant or underutilised commercial and industrial buildings to flats or other self contained units of accommodation will be permitted subject to the satisfaction of the following criteria.

1. Current use is no longer viable 2. Impact on residential amenity 3. Intensity of use 4. Impact on visual amenity 5. Parking provision 6. Refuse storage

The application property is a three storey, mid terraced property, which is currently used as a single dwelling house. There is currently no provision for off street parking space at the rear of the property, which is accessed off Cromwell Street.

The floor plans submitted with this application indicate the provision of one maisonette with access from the front and rear with accommodation comprising a living room and kitchen/dining room on the ground floor with two bedrooms and bathroom to the first floor. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 7 (CONT’D) APPLICATION NO. 2008/1425

The second maisonette is accessed from a relocated door in the rear side elevation and will comprise a lounge and kitchen area on the ground floor, with one bedroom and bathroom on the first floor. The third maisonette will be accessed from a proposed second door in the rear side elevation and will have stairs up to a bedroom with en suite bathroom on the first floor, with stairs leading to a kitchen and living room on the second floor. The proposed changes to the front elevation would result in the addition of a window to serve a bathroom at first floor. At second floor level, the existing window would be replaced with a door opening onto a balcony area. To overcome the highway concerns in relation to the car parking provision, it is proposed to rebuild the existing rear wall of the dwelling to increase the parking area to approximately 5.5m in depth. The rear wall would be rebuilt with two windows at ground floor level and one at first floor. Additional minor alterations are proposed to the rear elevation of the main back wall with the insertion of an additional doorway with a window to the side. Proposed changes to the rear side elevation include repositioning of existing doorway, insertion of new entrance to serve the third maisonette and associated fenestration alterations to include the repositioning of existing windows and the insertion of an additional window to serve a bathroom.

In terms of visual amenity, it is considered that the proposed external alterations to the front elevation of this property are considered visually acceptable as there are a variety of front elevations along the length of the terrace of properties. In relation to the addition of the balcony, there exists a balcony at second floor level on No.26 (approved ref: A00/0075) and so a precedent has been established for this type of development in this street, additionally a balcony has recently been approved at No.21 (approved ref. 2007/0475). It is therefore considered that the balcony is visually acceptable within the street scene. Furthermore, it is not considered that the proposal to reduce the length and rebuild the back wall of the rear wing or the proposed external alterations to the rear, would have a detrimental impact on the street scene in Cromwell Street as the rear elevations of the existing properties along the street vary in length and fenestration detail. As such, in terms of the impact of the scheme on the visual amenity of the area, it is not considered that the proposed works would have any adverse impact upon the visual appearance of the dwelling or detract significantly from the character and appearance of the surrounding street scene.

With regard to residential amenity, the properties along the length of The Promenade are all large sized properties, many of which have been converted to either flats or houses in multiple occupation. The proposed use of this dwelling for three maisonettes would not be out of character with the use of existing dwellings along the length of the street. Furthermore the property currently has five bedrooms, and the proposal is for two maisonettes with one bedroom each and the third maisonette proposes two bedrooms. Whilst the proposal will affect the intensity of use of the property, any increase in noise generation between the application property and the adjoining residential properties can however be reduced through the introduction of soundproofing. Therefore, it is not considered on balance, given the subdivision and multiple use of other properties in the road, that neighbouring residents would suffer an unacceptable increase in noise and disturbance beyond that currently experienced. As such, it is not considered that the proposal would have an unacceptable impact upon the residential amenities of neighbouring occupiers. With regard to the remaining issue in relation to refuse storage arrangements, there is sufficient space at the rear of the property for the storage of bins and refuse. AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 7 (CONT’D) APPLICATION NO. 2008/1425

In relation to the parking issues, the current use of the application site is that of a large single dwelling where there is currently no off-street car parking. In accordance with our adopted parking guidelines for residential conversions from a single dwelling unit to three self contained flats two additional spaces are required. The applicant has indicated on the plans that the rear wall is to be amended to allow for the 2 off-street car parking spaces. The rear kerbing has subsequently been dropped to Highways Authority standards (which did not require planning permission) to allow for vehicular access, and also the Residents Parking scheme has been amended as a result. The applicant can therefore provide two new spaces to the rear of the property, with one space already having been lost from the residents parking bay by the dropping of the kerb. Therefore overall there is a net gain of 1 car parking space compared to the current use. As the additional parking requirement for the change of use has been provided, albeit with the loss of one residents parking bay, it is considered that a highways refusal could not be sustained at appeal. The highways section therefore recommend that no highway objections be raised to this application, subject to the car parking spaces remaining for the residents of the property.

In conclusion and having regard to all material considerations including the Human Rights Act, it is considered that the proposal would not result in unacceptable loss of amenity to the occupiers of neighbouring properties or harm the character and appearance of the street scene, whilst the Head of Transportation and Engineering is satisfied that the proposal would not significantly harm local highway conditions. For these reasons, the proposal is considered to comply with Policies EV1 and HC6 of the Unitary Development Plan, and approval is recommended.

RECOMMENDATION

APPROVE, subject to the following conditions:

1 The development shall be commenced not later than the expiration of 5 years from the date of this planning permission and shall be completed in accordance with the said application plans and conditions prior to any part thereof being brought into beneficial use, unless otherwise agreed in writing by the Local Planning Authority. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990 and to ensure that the development is completed in accordance with the plans approved by the City and County of Swansea, and so avoid any detriment to amenity or public safety by works remaining uncompleted.

2 The materials used in the development hereby approved shall match those of the existing building. Reason: In the interests of visual amenity.

3 A crossing over the footpath/verge in the existing highway shall be completed before the development is brought into use in accordance with details to be submitted to and approved by the Local Planning Authority. Reason: In the interests of highway safety.

AREA 1 DEVELOPMENT CONTROL COMMITTEE – 7TH JULY 2009

ITEM 7 (CONT’D) APPLICATION NO. 2008/1425

4 The windows proposed on the side elevation (ground floor cloakroom and first floor shower room) shall be obscurely glazed and unopenable except for a fan light, and shall be permanently retained as such. Reason: In the interest of residential Amenity.

INFORMATIVES

1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: Policies EV1 and HC6.

2 Please be advised that parking permits will not be available to the residents of this property, over and above the existing allocation for a single dwelling.

PLANS

L001 existing ground & first floor plans, L002 existing second floor plans, L003 existing front & side elevations, L004 existing rear & side elevation, L010 proposed ground & first floor plans, L011 proposed second floor plan, L012 proposed front & side elevations, L013 proposed rear & side elevations, L014 proposed sections, L020 site location & block plans received 21st July 2008

AREA 1 DEVELOPMENT CONTROL COMMITTEE

Councillors:

V N Abbott (Vice Chairman) R J Lloyd (Non-Voting) P M Black (Non-Voting) P M Matthews (Non-Voting) N S Bradley P N May J E Burtonshaw (Non-Voting) J T Miles A R A Clement (Chairman) J Newbury W J F Davies H M Morris C R Doyle B G Owen J Evans D Phillips R Francis-Davies (Non-Voting) S J Rice M E Gibbs I M Richard J B Hague D A Robinson M J Hedges G Phillips C A Holley P B Smith (Non-Voting) D T Howells R L Smith D H Hopkins R Speht B J Hynes R J Stanton D H James R C Stewart W E A Jones (Non-Voting) D G Sullivan Mervyn R Jones C Thomas Mary H Jones J M Thomas E T Kirchner (Non-Voting) L G Thomas R D Lewis S M Waller Thomas A Lloyd J Woodman(Non-Voting)