COUNTY BOROUGH COUNCIL

LOCAL DEVELOPMENT PLAN (2011-2026)

EXAMINATION IN PUBLIC:

Matter 11: Alternative Sites

Action Point 4

The Council to provide details of any recent planning permissions in the close vicinity of alternative site AS(SL)50, land to the North of Inkerman Row, Taibach.

Council’s Response

AS(SL)50 – Land to the North of Inkerman Row, Taibach, Port Talbot

In 2000, an outline application (P2000/1280) was submitted and subsequently approved for residential development at land adjacent to No.1, Inkerman Row, Taibach, Port Talbot [i.e. land directly to the east of AS(SL)50].

In 2004, a reserved matters approval (P2004/0057) was granted for 2 residential dwellings on the site. The approved layout Block Plan is appended.

Subsequently, in 2013 a Certificate of Lawful Use or Development (also appended) was issued (P2013/0276) which confirmed that a lawful start of development had been made in compliance with Condition 4 of application P2000/1280 prior to the expiration of the detailed planning approval (P2004/0057).

Reference No: P2013/0276

02/07/2013LawfulDev.Cert-Exist COUNTY BOROUGH COUNCIL CYNGOR BWRDEISTREF SIROL CASTELL-NEDD PORT TALBOT The lawful start of development in compliance with condition 4 of application P2000/1280.Land adjacent to SCHEDULE 4 1 INKERMAN ROW TOWN AND COUNTRY PLANNING ACT 1990: SECTIONS 191 (as amended by section 10 of the Planning and Compensation Act 1991) TAIBACH PORT TALBOT TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE)()) ORDER 2012

CERTIFICATE OF LAWFUL USE OR DEVELOPMENT (EXISTING)

The Neath Port Talbot County Borough Council hereby certify that on 16/04/2013 the matter described in the First Schedule to this certificate in respect of the land specified in the Second Schedule to this certificate and edged red on the plan attached to this certificate was lawful within the meaning of section 191 of the Town and Country Planning Act 1990 (as amended), for the following reasons(s):

Signed : ……… ………………………… Nicola Pearce – Head Of Planning

On behalf of Neath Port Talbot County Borough Council

Date : 02/07/2013

First LawfulDev.Cert-Exist The lawful start of development in Schedule compliance with condition 4 of application P2000/1280.

Second Land adjacent to 1 INKERMAN ROW TAIBACH PORT Schedule TALBOT

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Reference No: P2013/0276

Notes (1) This certificate is issued solely for the purpose of section 191 of the Town and Country Planning Act 1990 (as amended).

(2) It certifies that the matter specified in the First schedule taking place on the land described in the Second Schedule was lawful, on the specified date and, thus, was not liable to enforcement action under section 172 of the 1990 Act on that date.

(3) This certificate applies only to the extent of the matter described in the First Schedule and to the land specified in the Second Schedule and identified on the attached plan. Any matter which is materially different from that described or which relates to other land may render the owner or occupier liable to enforcement action.

(4) The effect of the certificate under section 192 of the 1990 Act (certificate of lawfulness of proposed use or development) is also qualified by the proviso in section 192(4) of that Act, which states that the lawfulness of a described use or operation is only conclusively presumed where there has been no material change, before the use is instituted or the operations begun, in any of the matters relevant to determining such lawfulness.

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