Area 1 Development Control Committee

CITY AND COUNTY OF SWANSEA

NOTICE OF MEETING

You are invited to attend a Meeting of the

AREA 2 DEVELOPMENT CONTROL COMMITTEE

At: Council Chamber, Civic Centre, SWANSEA

On: Tuesday 20 December 2011

Time: 2.00p.m. Members are asked to contact John Lock (Planning Control Manager) on 635731 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. Declarations 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. To approve as a correct record the Minutes of the meeting of the Area 2 Development Control Committee held on 22 November 2011.

FOR DECISION

4. Town and Country Planning - Planning Applications:- (a) Items for deferral/withdrawal. (b) Requests for Site Visits. (c) Determination of Planning Applications.

Patrick Arran Head of Legal, Democratic Services & Procurement 13 December 2011 Contact: Democratic Services 01792 636820

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

Item No. 3

CITY AND COUNTY OF SWANSEA

MINUTES OF THE AREA 2 DEVELOPMENT CONTROL COMMITTEE

HELD AT THE CIVIC CENTRE, SWANSEA ON TUESDAY 22 NOVEMBER 2011 AT 2.00 P.M.

PRESENT: Councillor D P Tucker (Chair) presided

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

A C S Colburn R D Lewis B G Owen A M Day R J Lloyd C L Philpott W Evans K E Marsh T H Rees E W Fitzgerald P M Meara J C Richards D I E Jones W K Morgan R J Stanton M H Jones J N Newbury C M R W D Thomas S M Jones

51. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors J E Burtonshaw, J W Jones, E T Kirchner, P M Matthews, G Seabourne, N J Tregoning and C Thomas.

52. MR PHIL BAXTER

The Chair and Members of the Committee wished good luck to Mr Phil Baxter as he was attending his last meeting before leaving the Authority.

53. ELECTION OF CHAIR/VICE CHAIR

The Chair indicated that both he and the Vice Chair would be absent for the meeting scheduled for 20 December 2011.

RESOLVED that the following be elected for the 20 December 2011 meeting only: Councillor E W Fitzgerald (Chair) and Councillor A C S Colburn (Vice-Chair).

54. DECLARATIONS OF INTEREST

In accordance with the provisions of the Code of Conduct adopted by the City and County of Swansea, the following interests were declared.

Councillor R D Lewis - Personal and Prejudicial - Minute No. 58 - Item 2 (2011/1221) - wife has shopped at premises and left during discussion and Personal - Minute No. 56 - Item 7 (2010/1708).

Minutes of the Area 2 Development Control Committee (22.11.2011) Cont’d

Councillor J Newbury - Personal - Minute No. 56 - Item 7 (2010/1708) - Friend lives close to application site and left during discussion.

Councillor C L Philpott - Personal - Minute No. 58 - Item 1 (2010/0332) applicant is fellow BID Director and left during discussion.

Councillor C M R W D Thomas - Personal - Minute No. 58 - Item 2 (2011/1221) - knows applicant through Chamber of Trade.

Councillor D P Tucker - Personal - Minute No. 58 - Item 4 (2011/0192) - Family interest and vacated Chair and left during discussion.

55. MINUTES

RESOLVED that the Minutes of the Area 2 Development Control Committee held on 25 October 2011 be agreed as a correct record.

56. ITEMS FOR DEFERRAL/WITHDRAWAL

(1) the undermentioned planning applications were DEFERRED by Officers for the reasons outlined below:

(Item 7) Application No. 2010/1708

Two storey side extension incorporating two dormers, part two storey part single storey rear extension, single storey front extension and two front dormers at 178 Bishopston Road, Bishopston, Swansea.

Reason

To consider additional information submitted by an objector.

(Item 12) Application No. 2010/1381

Detached dwelling house at land adjacent to Marshfield House, 146 Culfor Road, Loughor, Swansea.

Reason

To clarify the plans being considered.

Minutes of the Area 2 Development Control Committee (22.11.2011) Cont’d

(2) RESOLVED that the undermentioned planning application BE DEFERRED for the reason outlined below:

(Item 14) Application No. 2011/0940

Detached two storey unit of holiday accommodation at High Kiln Bank, Oxwich, Swansea.

Reason

In order to obtain a statement from the Building Control Officer (Re: Demolition)

(NOTE: Prior to deferral, Mr Moss (applicant) addressed Committee and a visual presentation was given to Members.)

57. ITEMS DEFERRED FOR SITE VISITS

None.

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

The Planning Control Manager 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. 2010/0332

Replacement detached dwelling house at Mermaid Cottage, Caswell Road, Caswell, Swansea.

(NOTE: Late letter from neighbour confirming objections was reported.

Visual presentation was given to Members.)

Minutes of the Area 2 Development Control Committee (22.11.2011) Cont’d

(#) (Item 2) Application No. 2011/1221

Part two storey part single storey rear extension and single storey side extension at Oyster Gallery, 70 - 72 Newton Road, Mumbles, Swansea.

(NOTE: A visual presentation was given to Members.

Mr Bryant (objector) addressed the Committee.)

(#) (Item 3) Application No. 2011/1012

Increase in eaves and ridge height of existing side wing at 11 Glanyrafon Close, Penllergaer, Swansea.

(NOTE: A visual presentation was given to Members.

Application approved contrary to Officer recommendation for the following reason:

Reason for Approval

The proposal would not be discordant in the street scene and would not therefore conflict with Policies EU and HC7 of the UDP.

Condition

01. The development shall be commenced not later that 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

01. To comply with the provisions of Section 91 of theTown 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.

Minutes of the Area 2 Development Control Committee (22.11.2011) Cont’d

Condition

02. The external finish of the development shall comprise of tile cladding to match the existing roof tiles of the application property.

Reason

02. In the interest of visual amenity.

(#) (Item 4) Application No. 2011/0192

Construction of an agricultural stock barn at Tircoch Isaf Farm, Llanmorlais, Swansea.

(NOTE: Enforcement Officers to inspect current building in progress on site.

A visual presentation was given to Members.)

(#) (Item 6) Application No. 2011/1091

Retention of single storey side/rear extension and detached garage at 2 Malt Hall, Llanrhidian, Swansea.

(NOTE: Report updated by amending the plans reference to include existing and proposed plans received 20 September 2011.)

(Item 10) Application No. 2010/0330

Detached dwelling with attached garage at The Laurels Priors Town, Llangennith, Swansea.

(Item 11) Application No. 2011/1356

Demolition of existing garage/store (application for Conservation Area Consent) at The Laurels Priors Town, Llangennith, Swansea.

(#) (Item 13) Application No. 2011/0916

Construction of 3 no. buildings (application for Prior Notification of Agricultural Development) at Land at Hill End Farm, Reynoldston, Gower.

(NOTE: Late correspondence from Applicant’s agent reported.)

Minutes of the Area 2 Development Control Committee (22.11.2011) Cont’d

(2) the undermentioned planning applications BE REFUSED for the reasons indicated in the report and/or shown below:

(#) (Item 5) Application No. 2011/0982

Single storey side extension, first floor side extension incorporating front and rear dormers at 27 Mydam Lane, Gorseinon, Swansea.

(NOTE: A visual presentation was given to Members.)

(#) (Item 8) Application No. 2011/0957

Retention of one internally illuminated fascia sign and one internally illuminated double sided projecting sign at The Seafarer, Port Eynon, Gower, Swansea.

(NOTE: A visual presentation was given to Members.)

(#) (Item 9) Application No. 2011/1276

Retention of directional sign at Entrance Gate to Field 0042 Oxwich, Swansea.

(NOTE: Late letter of objection from Penrice Community Council reported.

A visual presentation was given to Members.)

59. APPEALS INFORMATION REPORT

The ‘for information’ report submitted updated the Committee on the results of the appeals between 1 July 2011 and 30 September 2011.

A verbal amendment was made relating to the decision on one case.

60. ENFORCEMENT PROGRESS REPORT

The ‘for information’ report submitted informed the Committee of the current position relating to the number of complaints received and resolved together with the notices served, enforcement appeals received and enforcement notices complied with.

Minutes of the Area 2 Development Control Committee (22.11.2011) Cont’d

61. EXCLUSION OF THE PUBLIC

The Committee was requested to exclude the public from the meeting during consideration of the following items on the grounds that they involved the likely disclosure of exempt information as set out in paragraph 18 of Part 4 of Schedule 12A of the Local Government (Access to Information)(Variation)(Wales) Order 2007. The public interest test: the Proper Officer (Monitoring Officer) had determined in preparing this report that paragraph 18 should apply.

His view on the Public Interest Test in relation to paragraph 18 is that the Authority’s statutory powers could be rendered ineffective or less effective where there is to be advance knowledge of its intention and the exercise of the Council’s statutory power could be prejudiced by public discussion or speculation on the matter to the detriment of the Authority and the inhabitants of the area. On that basis, he felt that the public interest in maintaining the exemption outweighed the public interest in disclosing the information. Members were asked to consider the factors when determining the Public Interest Test, which they must decide when considering excluding the public from this part of the meeting.

It was RECOMMENDED that, as in all the circumstances of the case the public interest in maintaining the exemption outweighs the public interest in disclosing the information, the public should be excluded.

The Committee having considered Paragraph 18 and the Public Interest Test as applied by the Proper Officer (Monitoring Officer) resolved that the public interest in maintaining the exemption outweighed the public interest in disclosing the information and RESOLVED to exclude the public.

(CLOSED SESSION)

62. ENFORCEMENT PROGRESS REPORT

The confidential ‘for information’ report submitted informed the Committee of the ongoing position in relation to all outstanding enforcement action authorised within the Area 1 Development Control Committee area.

63. REPORT SEEKING AUTHORISATION TO TAKE ENFORCEMENT ACTION - LAND AT PW

The Head of Economic Regeneration and Planning presented a request which outlined the circumstances and background detail to the case and issues relating to the property and buildings at the location listed.

Minutes of the Area 2 Development Control Committee (22.11.2011) Cont’d

RESOLVED that it is therefore considered expedient in the interest of the proper planning of the area, that the Authority issue an enforcement notice requiring the following action to be taken in an attempt to remedy the breach of planning control that is taking place;

(i) Cease the unauthorised residential use of the building.

(ii) Remove the kitchen, inclusive of kitchen units and appliances from the building.

(iii) Remove the bathroom suite inclusive of baths/shower/toilet and washbasin from the building.

(iv) Demolish and remove the patio and walls from the land.

The meeting ended at 4.24 p.m.

CHAIR

S: Area 2 Development Control Committee - 22 November 2011 (GB/KL) 22.11.2011

CITY AND COUNTY OF SWANSEA 1. BISHOPSTON DINAS A SIR ABERTAWE 5. COCKETT 7. DUVANT Report of the Head of Economic Regeneration 8. FAIRWOOD & Planning to the Chair and Members of the 9. GORSEINON Area 2 Development Control Committee 10. GOWER 11. GOWERTON 12. KILLAY NORTH DATE: 20th DECEMBER 2011 13. KILLAY SOUTH 14. KINGSBRIDGE 29 18. LOWER LOUGHOR 20. MAYALS 9 27 23. NEWTON 35 18 24. OYSTERMOUTH 14 25. PENCLAWDD 27. PENLLERGAER 11 28. PENNARD 5 29. PENYRHEOL 25 32. SKETTY 35. UPPER LOUGHOR 7 8 12 36. WEST CROSS

13 32

20 10 36 28 1 23 24

Phil Holmes BS(Hons), MSc, Dip Econ Head of Economic Regeneration & Planning

CONTENTS

ITEM APP. NO. SITE LOCATION OFFICER REC.

1 2011/1338 Bishopston Comprehensive School, The Glebe, APPROVE Bishopston, Swansea, SA3 3JP Construction of STF building and parking area (Council Development Regulation 3)

2 2010/1708 178 Bishopston Road Bishopston Swansea SA3 3EX APPROVE Two storey side extension incorporating two dormers, part two storey part single storey rear extension, single storey front extension and two front dormers

3 2009/1162 Land at Ty'r Ffynnon and land to the rear of 32 Rufus APPROVE Lewis Avenue, Gorseinon, Swansea Construction of seven dwellings (outline)

4 2010/1167 Coal House Oxwich Bay Gower Swansea SA3 2HL APPROVE Conversion and refurbishment of former coalhouse building to restaurant, with alterations to include construction of single storey side extension and delivery yard (western elevation), and addition of outside terraced area for use as dining area , with new boundary walls, seaward facing retaining wall and associated works (southern and eastern elevations)

5 2011/0233 Dunvant Filling Station Goetre Fawr Fawr Road Killay APPROVE Swansea SA2 7QT Installation of an ATM and bollards

6 2011/1075 Land adjoining Selbourne, Rectory Meadow, APPROVE Reynoldston, Swansea SA3 1AD Renewal of outline permission for a detached dwelling house and detached garage (variation of condition 3 of outline permission 2006/0367 granted on 1st August 2006)

7 2011/1208 105 Ridgeway, Killay, Swansea SA2 7AP APPROVE Two storey side extension

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM APP. NO. SITE LOCATION OFFICER REC.

8 2011/1328 Frogs Hop, Oxwich, Swansea SA3 1LS APPROVE Two storey side extension with front and rear dormers (amendment to planning permission 2010/1275 granted 11th October 2010)

9 2011/1345 732 Mumbles Road Mumbles Swansea SA3 4EL APPROVE Construction of 3 storey block of 6 self contained apartments and underground parking

10 2011/1367 23 Gower Road Sketty Swansea SA2 9BX REFUSE Change of use of ground floor from retail (Class A1) to letting agency/estate agents (Class A2)

11 2011/1384 Margam Farm, Port Eynon, Swansea SA3 1PD APPROVE Installation of solar panels to agricultural building

12 2011/1563 The Old School House Penmaen Swansea SA3 2HQ APPROVE Single storey extension to west elevation with balcony and roof extension above

13 2011/1568 Land adjoining Byways Lunnon Swansea SA3 2EJ REFUSE Retention of agricultural hardstanding and open sheep pen, feeds and implement store

14 2011/0103 Hillend Farm Reynoldston Swansea SA3 1HN APPROVE Conversion of existing barn into holiday accommodation, addition of front porch and fenestration alterations

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 1 APPLICATION NO. 2011/1338 WARD: Bishopston Area 2

Location: Bishopston Comprehensive School, The Glebe, Bishopston, Swansea, SA3 3JP Proposal: Construction of STF building and parking area (Council Development Regulation 3) Applicant: City and County of Swansea

BACKGROUND INFORMATION

POLICIES

Policy Policy Description 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 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 2003/2135 Construction of sports hall with changing facilities and provision of 4 classrooms at first floor level Decision: Grant Permission Conditional Decision Date: 12/12/2003

2002/0621 Single storey store-room extension onto girls gymnasium (Council Development Regulation 3) Decision: Grant Permission Conditional Decision Date: 05/06/2002

94/0588 PROVISION OF TWO CLASSROOM DEMOUNTABLE UNIT (CONSULTATION FROM WEST GLAMORGAN COUNTY COUNCIL) Decision: *HNO - NO OBJECTION Decision Date: 03/06/1994

91/0356 ERECTION OF SINGLE STOREY CLASSROOM EXTENSION Decision: *HNO - NO OBJECTION Decision Date: 29/04/1991

89/0837/08 DOUBLE DEMOUNTABLE CLASSROOM. Decision: *HNO - NO OBJECTION Decision Date: 06/07/1989

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 1 (CONT’D) APPLICATION NO. 2011/1338

RESPONSE TO CONSULTATIONS

The application was advertised on site. ONE LETTER OF OBJECTION has been received from the Chair of Governors of Bishopston Comprehensive School, which is summarised as follows:

1. We would like to make known our serious concerns about the health and Safety of all pupils at the school - due to the increased traffic the STF will generate at the entrance to the school and in The Glebe. 2. The latest Traffic and safety Review for the STF is woefully inadequate to cope with extra vehicles and does not ally any of our fears about the safety of our pupils. 3. There is a serious risk of an accident as the increased congestion at the beginning and end of the school day will cause severe additional risks to pupils and staff. 4. We cannot accept the Traffic Management Plan and cannot sign up to it as it stands.

Bishopston Community Council – Concerns expressed: Concern expressed with additional vehicle parking and use of a mini bus that:

1. No provision made to mitigate the conflict between pedestrians and vehicles where the exit from the car park and public footpath (used by children attending the primary school (Infant Dept?)) has no delineation. 2. No provision to ensure a slow and safe egress onto The Glebe from the car park.

Highways Observations – This small addition to the school premises is unlikely to result in any significant increase in traffic and parking demand. I recommend that no highway objections are raised.

APPRAISAL

The application is reported to Committee for decision at the request of Councillor Keith Marsh to consider the highway safety impacts of the development.

Full planning permission is sought for the construction of a new Special Teaching Facility (STF) building at Bishopston Comprehensive School for pupils with speech, language and communication difficulties. As part of the overall scheme, the existing 25 space car park, accessed from The Glebe, would be reconfigured but there would be no change to the amount of car parking.

The STF would be single storey in scale and would measure approximately 21m by 13.3m, have an eaves height of between 2.6m and 3.5m and an overall gable roof height of between 6m and 7m. The external materials for the building would consist of grey facing brick and dark grey concrete tile roof. The proposed building would be sited at the far north west of the existing school on an area of undeveloped ground where an existing storage container is currently in situ.

The siting of the new STF building would dictate that it would not be highly visible in the area and its scale and design would ensure that it would not appear as a discordant feature when viewed against the other buildings within the school. The proposed parking area is also within an area already used for parking as and as such would not unduly impact upon the visual amenities of the school or surrounding area. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 1 (CONT’D) APPLICATION NO. 2011/1338

The Council’s Ecologist has requested that appropriate native planting is implemented at the site to replace the shrubs and trees that would be removed and to encourage wildlife and to this end, it is recommended that a condition for the landscaping of the site is imposed.

The siting of the building and car parking area would dictate that there would be unlikely to be any unacceptable residential amenity issues to consider.

Notwithstanding the concerns raised, the Head of Transportation and Engineering raises no highway objection as it is considered that the proposal would be unlikely to result in any significant increase in traffic.

The comments from the Community Council are noted but as it is considered that any impact on traffic will be minimal, a recommendation of refusal on this issue alone could not be sustained.

In conclusion therefore it is considered that the proposal is an acceptable and appropriate form of development at this location that would not unduly impact upon visual or residential amenities or highway safety conditions in the area 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 No development shall take place without the prior written approval of the Local Planning Authority of a scheme for the landscaping of the site. The 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.

3 Prior to the beneficial use of the development commencing, a car park management plan shall be submitted to and approved in writing by the Local Planning Authority. The approved plan shall be implemented on the commencement of beneficial use and shall include measures to control the use of the car park, together with traffic movements to and from the car parking area. Reason: In the interests of highway safety. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 1 (CONT’D) APPLICATION NO. 2011/1338

INFORMATIVES

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

PLANS

M1839_001PLsite location plan, M1839_002PL existing site plan, M1839_003PL proposed site plan, M1839_004PL site survey, M1839_005PL proposed plans, M1839_006PL proposed elevations, M1839_007 sections, M1839_008PL external pavings, M1839_009PL proposed drainage received 23rd September 2011

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 2 APPLICATION NO. 2010/1708 WARD: Bishopston Area 2

Location: 178 Bishopston Road Bishopston Swansea SA3 3EX Proposal: Two storey side extension incorporating two dormers, part two storey part single storey rear extension, single storey front extension and two front dormers Applicant: Mr Tim Evans

BACKGROUND INFORMATION

This application was DEFERRED at the Area 2 Development Control Committee meeting on 22nd November 2011 to consider additional information submitted by an objector.

The report has been updated to include ONE LETTER INCLUDING INFORMATION REGARDING VARIOUS TECHNICAL ISSUES from the agent, ONE LETTER OF OBJECTION and ONE LETTER FROM A GEOLOGIST ON BEHALF OF AN OBJECTOR.

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 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 EV26 Within the Gower AONB, the primary objective is the conservation and enhancement of the area's natural beauty. Development that would have a material adverse effect on the natural beauty, wildlife and cultural heritage of the AONB will not be permitted. (City & County of Swansea Unitary Development Plan 2008)

SITE HISTORY

None

RESPONSE TO CONSULTATIONS

ORIGINAL PROPOSALS

Eight neighbouring properties have been consulted, FIVE LETTERS OF OBJECTION were received in relation to the original plans, the comments of which are outlined below:

1. The proposals will incur a complete loss of light. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 2 (CONT’D) APPLICATION NO. 2010/1708

2. During the digging of foundations for the proposed extension, instability could develop and consequently be of great danger to all the properties in Douglas Court. Possible subsidence when digging foundations close to the quarry edge and weight of the building when constructed could also cause subsidence. If the quarry becomes unstable, this is an extremely dangerous situation resulting in injury or death. Re- assurance is required that the necessary surveys and subsequent conditions are implemented to ensure the development is safe. This would include an assessment of potential hazard of Radon gas to be assessed prior to the application decision. 3. Some of the neighbouring properties are located on a limestone bed, regularly fissures open up causing large holes to appear. The foundation work needed for this application could disturb this limestone bed. 4. Concerns regarding disruptive noise and dust as a result of the construction of the proposals. 5. Loss of privacy. 6. Visually obtrusive and overbearing to the neighbouring properties. 7. Overdevelopment of the property, especially taking into account the fact that the property is within the AONB. 8. The property is located on a dangerous bend, the traffic as a result of the construction work would only serve to significantly increase the level of danger and raise potential for further road traffic accidents. 9. Impact upon the value of the neighbouring property.

Highway Observations - Three parking spaces together with turning facilities are being provided within the curtilage of the site. I recommend that no highway objections are raised.

Bishopston Community Council – No objection

AMENDED PROPOSALS

FOUR LETTERS OF OBJECTION were received in relation to the amended proposals, the comments of which are outlined below:

1. Loss of light. 2. Impact of foundation work disturbing the limestone bed. 3. Construction traffic causing road traffic accidents. 4. Noise and dust associated with the construction work. 5. Possible subsidence when digging foundations close to the quarry edge. In the future the disturbance to the rock causing ingress of water turning to ice in winter through the expansion instability and rock fall. At present there are some rock falls probably through this condition. 6. Concern regarding the overbearing and overshadowing nature of the development which is essentially a two storey brick wall. 7. The extensions will be considered to have an impact on the property values of the neighbouring properties. 8. Comments are requested regarding who would be liable if there was subsidence – owner of No.178 Bishopston Road, Swansea City Council or would it fall to Douglas Court Residents property insurance. 9. The prevention of light reaching the neighbouring property was mentioned in the last letter; but now it has been suggested that the extension will doubly exclude this important aspect – less light reaching the neighbouring property. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 2 (CONT’D) APPLICATION NO. 2010/1708

10. As the property in question is within the Conservation Area (Gower), it is considered that by increasing the size of the building will produce more unnatural characteristics than improvements. 11. ‘Small scale development will only be allowed where it is in service of the economic and social well being of existing communities – etc’ Ref 97001485 Swansea plan March 90.

Highway Observations – Amended plans, no further comments to make.

Bishopston Community Council – Repeat previous objections, also the following concerns were highlighted:

Overdevelopment of the site Impact on the street scene (from Bishopston Road and Pwll Du Lane) Overlooking Douglas Court and Pwll Du Lane Stability of retaining wall between Douglas Court and proposed development Ground conditions on the site

Additional Objection –

Evidence presented by objectors clearly shows that there are real and serious concerns with regard to ground stability and through the failure of the proposal to take into consideration the application site’s ground conditions, it is considered that the proposal fails to adhere to criteria 15 of Policy EV2 of the adopted UDP.

Letter from Geologist on behalf of objector -

The development site is located at the junction of Bishopston Road with Pwll Du Lane and specifically the rear of Douglas Court is a row of five dwellings that have been constructed at the foot of an abandoned quarry face. The quarry face is in Carboniferous Limestone and is estimated to be some 5m high at the end of the rear gardens, adjacent to 178 Bishopston Road (see Location Plan).

The quarry face is fairly heavily overgrown, but there are sufficient exposures to enable the Carboniferous Limestone to be examined. The quarry face is in a well bedded limestone (beds over 1m thickness) interbedded with lenticular beds of fissile limestone, where the beds are generally less than 0.15m thick. The limestone is well jointed and the effect of the joint pattern on the fissile beds results in a friable limestone that is readily prone to the erosive effects of weathering, primarily rainwater and the effects of frost heave (exfoliation). Carboniferous Limestone is, of course, soluble in rainwater and often has within it solution cavities, the best known examples being caves.

The friable beds and lenses of limestone are those that are most prone to the effects of weathering, particularly exfoliation. If these beds are selectively removed from the quarry face by weathering then the stronger beds of blocky limestone slowly become exposed and less stable by virtue of the lack of support from the removal of underlying beds of fissile limestone. Once exposed as a result of the slow erosion as the friable beds are removed they become prone to block failure; such blocks of limestone may be 1m³ or 2m³. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 2 (CONT’D) APPLICATION NO. 2010/1708

……The southern elevation is the one that overlooks Douglas Court, the extension encroaching to within 1.1m of the boundary wall of the property; the wall is located at the top of the quarry face. Consequently, the result of the extension will be a 7m high face unbroken by features above 5m high quarry face.

The proposed extensions will clearly surcharge the top of the quarry face and will impact upon the stability of the limestone face. I have not had the opportunity to examine the soil conditions at 178 Bishopston Road but with the proposed foundations so close to the quarry face (within 1m) the pressure bubble bearing the loading from the foundations is likely to extend out of the quarry face resulting in the potential for a wedge failure (wedge shaped blocks) of the limestone at the top of the quarry face. Were such a failure to occur the displaced limestone would fall onto the rear gardens of Douglas Close. I have not considered the details of such a failure, but it is worth noting that a piece of limestone with a volume of 1m³ will weight around 2.5 tonnes.

Carboniferous Limestone is soluble in rainwater and a very common feature of the limestone is solution cavities within the limestone bodies. There is anecdotal evidence of difficulties arising in local driveways from solution cavities emerging at the surface when loads imposed on the limestone above cavity exceed the strength of the thinning limestone cover. Such incidences would be entirely within keeping with the nature of Carboniferous Limestone. Solution cavities can also reach the surface as a result of natural processes when the limestone is all dissolved away.

The risk of solution cavities being present beneath 178 Bishopston Road, including beneath the areas of the proposed extensions, cannot be simply dismissed. If such cavities were to be present then they would offer the greatest risk of harm if they were to be present beneath the southern extension i.e. that part immediately above the quarry face. A solution cavity in this area could affect the structural integrity of the building where it would be perched at the top of the quarry face.

It is not within my area of expertise, but from my limited knowledge of the planning system I wonder whether the extensions will materially effect the amenity enjoyment of the rear gardens.

(It should be noted that a location plan and four photos were attached illustrating the findings indicated above)

Technical Information from Agent -

Whilst the technical issues of how the quarry face may or may not be affected by the proposed works, we would reinforce the view that these technical queries are not aspects of material concern to the question to the granting of a recommendation for a planning approval.

Such technical issues are aspects for discussion and agreement with Building Control.

The following is intended as background information to the application and is intended to outline the scope of any technical (not planning) issues that may arise during the construction phase. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 2 (CONT’D) APPLICATION NO. 2010/1708

1. The future behaviour of the quarry face would best be understood by reference to previous issues of the ordnance survey dating back to the first edition some 130 years ago.

2. For your information – in dealing with voids, soft spots, mining shafts, adits and the like the usual procedure would be as follows:-

2.1 Clarify the extent of the soft spot with Building Control during the excavation period.

2.2 Explore, either through hand excavation or by probe drilling, the scope of the cavity or soft spot and discuss the options with Swansea City Building Control.

2.3 Design either two options:-

2.3.1 Reinforced concrete strip foundation designed by an engineer.

2.3.2 Cast in situ mini piled foundation designed by an engineer and piling specialist.

Both options would traditionally be required to span a 3 metre soft spot.

3. The usual depth for a two storey load bearing masonry foundation is 1000m which could increase to 1200 to 1500mm prior to alternative more economical solutions as outlined above being considered.

At 1000m depth the pressure zone beneath the proposed foundation (at an angle of 45 degrees) meets the base of the cliff. Thus there is no issue.

The height of the quarry face is shown on the attached sketch at 5 metres, (dimensions from Blandford Consulting). The angle of response from base of quarry face up to top of quarry edge being 1 metre, (from CB3 Consulting Engineers).

4. With any increase in depth of the new foundation – then any alleged surcharge becomes even less or no problem (See CB3 Consulting Engineers sketch).

5. Whilst Dr Blandford’s report outlines the potential for a solution cavity within the limestone strata this possibility is a technical issue that could be addressed by probe drilling or either of the options described under section 2.3.

Whilst items 1 to 5 are to reassure you of the technical competence available to the applicant, we refer you to the first two paragraphs of this letter and reiterate that you should submit the recommendation to committee and allow them to vote. If an appeal becomes necessary you will, I am sure, advise the members accordingly.

(It should also be noted that a sketch illustrating the findings was also attached to the letter)

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Keith Marsh to assess whether it amounts to overintensive development. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 2 (CONT’D) APPLICATION NO. 2010/1708

Full planning permission is sought for the construction of at two storey side extension incorporating two dormers, part two storey part single storey rear extension, single storey front extension and two front dormers at 178 Bishopston Road. The application has been amended due to concerns raised by officers with regard to both impacts in relation to visual and residential amenity issues. The property is the last of a string of properties located along a section of Bishopston Road, the side of the property faces towards Douglas Court which runs parallel with Pwll Du Lane. There is a quite significant change in levels between the application site and the properties located along Douglas Court, Douglas Court being located at a much lower level.

The main issues for consideration with regard to this application relate to the impact of the proposal upon visual, residential amenities and the Gower AONB having regard to Policies HC7, EV26 and EV1 of the City and County of Swansea and the Supplementary Planning Guidance document entitled A Design Guide for Householder Development. There are in this case considered to be no additional issues arising from the provisions of the Human Rights Act, nor are there any highway safety issues to consider.

In terms of visual amenity, the proposals are considered to be in keeping with the character and appearance of the host dwelling and the surrounding area. The front dormers given their sympathetic scale and design are not considered to have a negative impact on the character of this stretch of Bishopston Road. There are dormers located to the front of other properties along this stretch and therefore the introduction of dormers is not considered to have a major impact in this instance. The single storey front extension whilst relatively large in terms of its scale is not considered to have a detrimental impact given its sympathetic design, the extension’s roof tying in with the style of roofs of the proposed dormers and front gable feature. The two storey side extension is both set down from the main ridgeline and back from the front of the main property whilst incorporating a hipped roof which ensures the extension ties in with the hipped sides of the existing dwelling. The two storey/single storey rear elements and rear dormer given their sympathetic scale and design are not considered to give rise to any issues. Furthermore, as these elements are located to the rear of the property they are not considered to have a major impact on this stretch of Bishopston Road. The proposals are considered to be in keeping with the Gower AONB given the sympathetic scale and design of the extensions, as indicated above.

Turning to residential amenity, it is acknowledged that the two storey side extension will be visible from the properties located along Douglas Court given the significant change in levels with No.178 Bishopston Road being located at a much higher position, however, the extension is not considered to have a significant impact over and above the impact already created by the existing property and the large quarry wall to the rear of the properties. The amendments to the rear elements of the proposals are considered to have lessened the overbearing/overshadowing impact on No.176 to an acceptable degree. There are two windows within the side of No.176 which would have been impacted upon by the original proposals; however, the amendments now include a single storey extension nearest to these windows which incorporates a lesser projection than the previous proposal.

In terms of overlooking, there is a window within the side of the two storey rear extension which serves an en-suite which will face towards No.176, therefore, a condition is attached ensuring this window is glazed with obscure glass. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 2 (CONT’D) APPLICATION NO. 2010/1708

In terms of the overlooking from the rear facing window within the first floor of the two storey rear extension, just under 10m is achieved between this window and the boundary to the rear which is considered acceptable in this instance given the windows overlook the rear most part of No.2 Pwll Du Lane’s garden, therefore, if any overlooking is possible it will be over the rear end of No.2’s garden rather than its primary amenity space. In terms of overlooking of the properties along Douglas Court, there are no windows located within the side of either of the extensions which would directly overlook these properties. There is a dormer to the rear of the side extension, however, this if anything will only allow views of Douglas Court at an oblique angle and as such is not considered to present an issue in this instance.

In terms of concerns raised, the issues with regard to the visual impact, overbearance, overshadowing and overlooking are considered to be covered within the main context of the report. In terms of the issues regarding the structural considerations these issues mainly relate to factors which would be addressed at the building control stage of the process which is subsequent to the planning application stage. However, advice has been sought from the Council’s Building Control Officer who has advised that building regulations will require adequate foundations to support any structure. If necessary to determine the suitability of the rock fact, Building Control Officers would ask for a Geo- Technical appraisal and investigation, although building regulations more often than not can provide safe designs for buildings. With regard to who is liable if any problems occur in relation to subsidence at the quarry, this is essentially a civil matter and not for consideration at this stage.

Furthermore, additional information has been submitted by the agent with regard to the technical issues related to the impact on the quarry, the content of this submission is outlined in the Response to Consultation section under ‘Technical Information from Agent’. In addition, the analysis from the geologist submitted on behalf of the objector is also considered to relate to technical issues. The information is not, however, considered to change the stance that the issues with regard to the stability of the quarry are essentially building regulations issues and this will be dealt with at the building regulations stage of the process which will follow the planning application stage (if the application is approved). An additional objection was also received, this, however, also relates to similar issues with regard to the land instability which is considered to be addressed within the report.

With regard to the issues in relation to the potential hazard of Radon gas, there is no evidence to show this gas is present at the site; however, it is likely if there was any issue with this form of hazard it would be covered under separate legislation and is not as such a material planning consideration in this instance. Concerns regarding the noise and dust implications as a result of the construction work are not essentially material planning considerations and therefore cannot be taken into account in this instance. With regard to the issues raised in relation to highway safety concerns, these would have been considered to be addressed by the Highways Officer. The issue regarding the impact on the value of neighbouring properties is not a material planning consideration and, therefore, cannot be taken into account in this instance. The amendments made to the scheme are considered to have lessened any impacts on neighbouring properties rather than exacerbate them, therefore, the concerns that the extension would result in a further loss of light over and above that of what the previous extension would have resulted in is not considered to be necessarily true in this instance. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 2 (CONT’D) APPLICATION NO. 2010/1708

With regard to the proposals not being in keeping with Gower, the proposals as stated within the report are considered to both preserve and enhance the Gower AONB and are as such in keeping with the Policy for Gower (EV26 of the Unitary Development Plan). It should be noted that Bishopston Community Council have requested that their previous objections be taken into consideration, however, this is not possible as no objections were raised by the Community Council in relation to the previous proposals.

The Head of Transportation and Engineering Services has stated that three parking spaces together with turning facilities are being provided within the curtilage of the site, therefore, no highway objections are raised.

In conclusion, having regard to all material considerations including the Human Rights Act, the proposal is considered to represent a satisfactory form of development which complies with current development plan Policies HC7, EV26 and EV1 of the City and County of Swansea Unitary Development Plan 2008 and the Supplementary Planning Guidance document entitled A Design Guide for Householder Development and has an acceptable impact on the character and visual amenities of the streetscene and area in which it is situated and the residential amenity of neighbouring occupiers. Approval is therefore recommended.

RECOMMENDATION

APPROVE, subject to the following conditions:

2 The window serving the en-suite in the 'End Elevation', as indicated on Plan No: HG.10.72.P03 Rev C shall be obscure glazed, and unopenable except for a fan light and shall be retained as such unless otherwise agreed in writing with the Local Planning Authority. Reason: To safeguard the privacy of the occupiers of neighbouring residential properties.

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, EV26 and HC7 of the Unitary Development Plan)

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 2 (CONT’D) APPLICATION NO. 2010/1708

2 Bats may be present in this building. 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 of Habitats and Species Regulations 2010. 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).

3 Birds may be present in this building and 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 This consent is issued without prejudice to any other consents or easements that may be required in connection with the proposed development.

PLANS

HG.10.72.P02 Rev A- plans, section & elevations as existing received 8th November 2010. Amended HG.10.72.P01 Rev C- site location plan & block plan and HG.10.72.P03 Rev C- plans, section & elevations as proposed received 7th September 2011.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 3 APPLICATION NO. 2009/1162 WARD: Penyrheol Area 2

Location: Land at Ty'r Ffynnon and land to the rear of 32 Rufus Lewis Avenue, Gorseinon, Swansea Proposal: Construction of seven dwellings (outline) Applicant: Ms Sharon Steer

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 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 HC2 Housing development within the urban area will be supported where the site has been previously developed, its development does not conflict with other policies, does not result in ribbon development, and the coalescence of settlements, overintensive development, loss of residential amenity, adverse effect on the character and appearance of the area, loss of urban green space, harm to highway safety, adverse effects to landscape, natural heritage, security and personal safety, infrastructure capacity, and the overloading of community facilities and services. (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)

Policy EV33 Planning permission will normally only be granted where development can be served by the public mains sewer or, where this system is inadequate, satisfactory improvements can be provided prior to the development becoming operational. (City & County of Swansea Unitary Development Plan 2008)

Policy EV34 Development proposals that may impact upon the water environment will only be permitted where it can be demonstrated that they would not pose a significant risk to the quality and or quantity of controlled waters. (City & County of Swansea Unitary Development Plan 2008)

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 3 (CONT’D) APPLICATION NO. 2009/1162

Policy EV35 Development that would have an adverse impact on the water environment due to: i) Additional surface water run off leading to a significant risk of flooding on site or an increase in flood risk elsewhere; and/or, ii) A reduction in the quality of surface water run-off. Will only be permitted where it can be demonstrated that appropriate alleviating measures can be implemented. (City & County of Swansea Unitary Development Plan 2008)

SITE HISTORY

App No. Proposal 2007/1161 Residential development (outline) Decision: Refuse Decision Date: 05/07/2007

2007/1753 Detached dormer bungalow and detached garage Decision: Grant Permission Conditional Decision Date: 28/09/2007

2008/0535 Residential development (outline) Decision: Refuse Decision Date: 20/10/2008

LV/79/0245/03 CONSTRUCTION OF A SEWER Decision: *HGPCU - GRANT PERMISSION UNCONDITIONAL Decision Date: 26/06/1979

LV/78/0427/03 KITCHEN AND BEDROOM EXTENSION Decision: *HGPCU - GRANT PERMISSION UNCONDITIONAL Decision Date: 12/09/1978

RESPONSE TO CONSULTATIONS

The application was advertised in the press and on site and twenty eight individual properties were consulted. SIX LETTERS OF OBJECTION received, which are summarised as follows:

• Loss of privacy that will result from the land being developed. • The levels of overlooking are totally unacceptable. • The development will compromise the development potential of neighbouring land as access will be unattainable. • The increase in traffic as a result of the development will pose a risk to children in the area. • The proposal will affect visibility from neighbouring driveways thus making vehicle manoeuvres dangerous. • The proposal will significantly impact on the outlook currently enjoyed from neighbouring properties. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 3 (CONT’D) APPLICATION NO. 2009/1162

• It is surprising that the application is being submitted given the refusal and subsequent dismissal at appeal. • The peace and tranquillity afforded by the rear gardens is in many cases what has attracted residents to the area. This will be lost if the development goes ahead. • The area is becoming seriously overdeveloped and the character of the area eroded as a result. • The applicants are showing no regard for the neighbours and whilst they are seemingly happy to lose the space and seclusion offered by the sizeable garden, this is not the case for the neighbouring residents. • A large number of objections (21) and a petition containing 72 signatures were submitted during the consideration of the previous applications on the site which demonstrates the strength of feeling of locals. • The applicant incorrectly refers to contact with all neighbours in the “involvement” section of the DAS. • Is there a need for this development given the large scale housing development proposed nearby on land between Gower View Road and Brynafon Road. • The application site is a haven for wildlife and ecology. Slowworms exist on site which is protected under the Wildlife and Countryside Act. • The land is water logged and causes problems for neighbouring gardens at present. The drainage proposals are not considered suitable for the site. • The peace and tranquillity currently enjoyed by neighbours will replaced by the sound of vehicle movements. • Some surrounding residents experience ill health and reduced mobility and rely on the enjoyment of their gardens, surrounding trees and wildlife. • Consent to build on this land would set a precedent • It is believed that there is a right of way/access from Ty Ffynnon to Pencaecrwn. • An established blackthorn/hawthorn hedge along the site boundary complete with Ash and Oak will be threatened by construction. • Any loss to this boundary would be costly to replace, repair, but would also result in loss of privacy. The applicants should have some sort of indemnity insurance in place to address this. • Many of the concerns on the original applications have been addressed within this current proposal however concern remains that the scheme will be changed post decision.

AMENDED PROPOSAL

The application was advertised on site and 28 individual letter sent. FIVE LETTERS RECEIVED reiterating points previously raised and summarised above.

Gorseinon Town Council –Committee offered NO OBJECTION to the development of the site in principle, subject to reserving views on the detailed number of dwellings finally approved, and asking for protection of as many of the mature established trees as possible in the far end of the site around plots 2 – 6.

Highway Observations - Development of the application site has been considered previously, where an outline proposal indicating 18 dwellings was refused consent. An appeal was subsequently dismissed on technical grounds. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 3 (CONT’D) APPLICATION NO. 2009/1162

This proposal is a revised scheme for 7 new dwellings on the site. The 2 existing dwellings will be retained and therefore a total of 9 dwellings will be served by a new access. The proposed access is indicated to conform with accepted standards for estate road access, albeit that some minor modification to the junction kerb radii may be necessary to improve alignment.

The application, whilst being in outline, specifically refers to an additional 7 dwellings and has therefore been assessed on that basis. The traffic associated with 7 additional dwellings will be minimal and is unlikely to result in any significant harm to local highway safety conditions. Each dwelling will be required to accommodate parking in accordance with adopted guidelines and a suitable condition can be imposed to secure this.

I recommend no highway objection subject to the following;

1. Detailed Engineering drawings of the access junction shall be submitted and approved prior to any work commencing on site. 2. The site access road shall be constructed in accordance with detailed Engineering drawings which must be submitted and approved prior to any work commencing on site. 3. Each dwelling shall be provided with satisfactory parking in accordance with details to be submitted.

Note: The Developer must contact the Team Leader - Highways Management, City and County of Swansea (Highways), Players Industrial Estate, Clydach, Swansea. SA6 5BJ (Tel 01792 841601) before carrying out any work.

Dwr Cymru Welsh Water – No objection subject to conditions

Highways Observations - Amended Plan - No further comments to make.

APPRAISAL

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

Outline planning permission is sought for residential development on a parcel of land fronting and to the rear of Rufus Lewis Avenue. The site has a site area of approximately 0.6ha and encompasses an existing property No. 32 Rufus Lewis Avenue together with a second property known as Ty’r Fynnon, sited in the far north eastern corner of the site both which will be retained and incorporated into the new layout. The site is bound by residential properties to all its boundaries.

In terms of planning history, a similar application was submitted in 2008 (2008/0535 refers) and subsequently refused for the following reason:

Insufficient information has been submitted to assess the impact of the proposal upon the visual and residential amenities of the area and highway safety. The proposal therefore conflicts with the provisions of Policy H7 of the Southern Lliw Valley Local Plan. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 3 (CONT’D) APPLICATION NO. 2009/1162

A subsequent appeal was submitted and latterly dismissed on the basis that the submitted case lacked the information necessary to adequately assess how the appeal site could be reasonably developed in the context of the criteria of Policy HC2 of the UDP; particularly in relation to the density of development and impact on the character and appearance of the area. All the other matters raised were noted but none were found to be of sufficient weight to affect the conclusion to dismiss the appeal.

Amendments to the GPDO which came into force on 6th October 2008 which introduced a new definition of reserved matters, where matters such as layout and scale are reserved for future subsequent approval, outline applications require a basic level of information on these issues. As a minimum an indicative layout and scale parameters in terms of height, width and length for each building should be included. In accordance with the aforementioned, the current proposal although an outline application with all matters reserved, includes an illustrative layout and scale parameters.

The main issues to be considered are the suitability of the site for residential development, its impact on the character and appearance of the area, the effect on residential amenity of neighbouring residents and impact on highway safety having regard to the provisions of the Swansea Unitary Development Plan 2008. There are in this instance no additional overriding issues for consideration under the provisions of the Human Rights Act.

The application site is located in the heart of the urban settlement of Gorseinon and the site, some 0.6 ha. Although the application is a roughly ‘L’ shaped plot, with a narrow frontage onto Rufus Lewis Avenue widening to the rear of the site, given that no 23 Rufus Lewis Avenue is to be retained, the new development is contained to effectively a tandem and backland scenario. The area is characterised by a wide variety of house types and styles in both single storey and two storey designs and whilst principally dominated by older more traditional properties, the area is interspersed with more modern and contemporary development. On this basis the character of the area is considered to be very much mixed and there are not considered to be any strong prevalent architectural or design characteristics that require replicating or acknowledgment. Similarly the pattern of development in the wider locality ranges from fairly rigid linear pattern along some frontages to more informal ad-hoc arrangements elsewhere. Recent development at Brownhills Nursery, which lies adjacent to the application site, has set a precedent for development of this nature in the area, which has been successfully achieved without compromising the visual amenity of the area. It is noteworthy therefore, that the immediate and adjoining context of the site is a more ad-hoc pattern which includes backland pattern. On this basis it is not considered that the proposal would adversely affect the established pattern of development in the vicinity and the principle of this form of backland development is considered acceptable.

Seven additional dwelling are proposed in total, plots 1 and 7 sited immediately to the rear of No. 32 will be limited to single storey structures (eaves height 2.6m and ridge height 4.6m) the ridge heights will be comparable (albeit a little lower) to that of No. 32. Plots 1 and 7 will face each other and will be orientated in line with site boundaries and achieve satisfactory building to plot ratios while offering adequate rear amenity space at 12.5m per dwelling. Furthermore the wall to wall separation between Plot 1 and No. 32 exceeds minimum development control criteria for a level site at 25m. On this basis plots 1 and 7 are considered sufficiently low lying to minimise excessive physical overbearance and are unlikely to result in unacceptable levels of overlooking. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 3 (CONT’D) APPLICATION NO. 2009/1162

Furthermore, subject to careful design and given the recessed and concealed siting it is not considered that the dwellings will have an adverse visual impact upon the locality. In any event such issues will be considered more fully as part of any subsequent reserved matters application.

Plots 2-5 will be sited along the south-western site boundary common with No. 23 Maple Close and a detached dwelling to the rear of No. 36 Rufus Lewis Avenue. These dwelling are in the form of two pairs of semi-detached dormer bungalows orientated north-east. An eaves height of 2.6m is proposed which is consistent with plots 1 and 7 and the existing dwelling No. 32 and a maximum ridge height of 5.5m is indicated. Again the building to plot ratios are considered acceptable and ample levels of private amenity space are proposed together with compliance with standard development control criteria on separation distances. On this basis plots 2-5 are considered sufficiently low lying and achieve an acceptable distance and relationship to minimise any physical overbearance furthermore, subject to careful design levels of overlooking can be controlled and given the recessed and concealed siting it is not considered that the dwellings will have an adverse visual impact upon the locality. In any event such issues will be considered more fully as part of any subsequent reserved matters application.

Finally plot 6 will sited in the far north western corner of the site immediately next to Ty’r Ffynnon and orientated in line with Ty’r Ffynnon in a southerly direction. This dwelling will be a traditional two storey dwelling with an eaves height (5.3m) and ridge height (7.5m) matching Ty’r Ffynnon. As with the other plots, adequate amenity space is provided and standard development control criteria relating to separation distances is satisfied. Overall therefore it is not considered that the proposed dwelling on Plot 6 will result in overbearance. Overlooking can be controlled at detailed design stage and subject to satisfactory design it is not considered that the dwelling will have an adverse visual impact.

Overall the proposal includes a mix of house types which is considered consistent with the prevailing mixed characteristics of the locality and subject to careful design it is considered that the site is capable of accommodating the scheme without resulting in an overtly cramped form of development. Furthermore, it is considered that at detailed design stage a positive and cohesive form of development can be achieved.

In term of highway safety, this proposal is a revised scheme for 7 new dwellings on the site. The 2 existing dwellings will be retained and therefore a total of 9 dwellings will be served by a new access. The proposed access is indicated to conform with accepted standards for estate road access, albeit that some minor modification to the junction kerb radii may be necessary to improve alignment. The application, whilst being in outline, specifically refers to an additional 7 dwellings and has therefore been assessed on that basis. The traffic associated with 7 additional dwellings will be minimal and is unlikely to result in any significant harm to local highway safety conditions. Each dwelling will be required to accommodate parking in accordance with adopted guidelines and a suitable condition can be imposed to secure this.

The Head of Transportation and Engineering recommends no highway objection subject to suitably worded conditions. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 3 (CONT’D) APPLICATION NO. 2009/1162

The site is well screened on all boundaries and a sizeable proportion of the northwest of the site consists of a wooded area with many mature trees. The Council’s former Tree Officer visited the site and advised that the trees are predominantly scrub willow and some semi-mature and mature Ash close to the boundary which would not act as a constraint to the development of the site. However, several of the Ash trees are worthy of protection during development and as such conditions are suggested to require the applicant to carry out a survey of the trees with the best quality trees being considered for retention as part of any reserved matters application. This stance has been reinforced by the Councils current Tree Officer. In addition, a protected species survey of the site has been carried out which found no evidence of protected species.

The site is located within the drainage catchment area that drains to the Loughor Estuary and Burry Inlet which forms part of the Carmarthen Bay and Estuaries European Marine Site (CBEEMS). The City and County of Swansea, as the competent authority, is required to carry out a Test of Likely Significant Effect (Habitat Regulation Assessment) of the proposal under the Conservation of Habitats and Species Regulations 2010. The TLSE is intended to assess the likely effect of the drainage proposals of this development on the integrity of the CBEEMS both alone and in combination with other developments in the same catchment area.

The TLSE has been undertaken and concludes that subject to the drainage conditions recommended, the development will not have a significant effect on its own or in combination with other developments in the catchment area for the reasons set out in the TLSE. These relate to the compensatory hydraulic capacity which has been created in the catchment area and which is recorded in the Register of approvals kept by the Council in accordance with the Memorandum of Understanding (MOU), signed by the City and County of Swansea (CCS), Carmarthenshire County Council (CCC), Countryside Council for Wales (CCW), Environment Agency Wales (EAW), and Dwr Cymru Welsh Water (DCWW) on the 1st March, 2010 (revised 12th September 2011). Also the phosphate stripping carried out at the Llanant WWTW which has created a capacity for 1000 new dwellings within that part of the catchment area in Swansea. A full Appropriate Assessment under the Habitat Regulations is not therefore necessary and the application can be approved subject to the drainage conditions indicated. This would satisfy the requirements of the Habitat Regulations.

Turning to the objection letters received, the matters raised relate principally to issues of visual and residential amenity and highway safety all of which are addressed in detail above. Further point relating to the trees on site and the ecology of the site are raised, which are also addressed fully above and points relating to site drainage and ground conditions are acknowledged and have again been fully considered and the likely effect of the drainage proposals carefully assessed. Appropriately worded conditions controlling drainage arrangements are recommended. The concern with regards to loss of property value, whilst noted, is not a material planning consideration. A number of points relating to boundaries, and their retention/protection etc are raised however these are civil matters to be resolved by interested parties. The need for the development and perceived opportunism by the developer is not material to the consideration of this application.

In conclusion therefore and having regard to all of the above it is considered that the principle of residential development at this location is acceptable and would not adversely affect the established pattern and character of the area. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 3 (CONT’D) APPLICATION NO. 2009/1162

The proposal is considered an appropriate form of development that will have a limited impact upon the visual and residential amenities of the area and will not compromise or prejudice current highway safety standards. Furthermore the proposal either alone or in combination with other developments in the same catchment area is likely to impact upon the integrity of the CBEEMS. The proposal therefore complies Policies EV1, EV2, HC2, AS6, EV33, EV34, and EV35 of the Swansea Unitary Development Plan 2008. Approval is therefore recommended.

RECOMMENDATION

APPROVE subject to the following conditions:

1 Details of the access, appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the local planning authority before any development begins and the development shall be carried out as approved. Reason: To ensure that the development is carried out in an orderly and satisfactory manner.

2 Detailed plans and drawings with respect to the matters reserved in condition (01) shall be submitted for approval by the Local Planning Authority not later than the expiration of three years from the date of this permission. Reason: To comply with the provisions of Section 92 of the Town and Country Planning Act, 1990 and to ensure that the development is determined within a reasonable period.

3 The development to which this permission relates shall be begun either before the expiration of 5 years from the date of this outline permission, or before the expiration of 2 years from the date of approval of the last of the reserved matters to be approved, whichever is the later. Reason: To comply with the provisions of Section 92 of the Town and Country Planning Act, 1990 and to ensure that development is begun within a reasonable period.

4 A landscaping scheme for the site shall be submitted as part of the reserved matters, and the scheme as approved shall be carried out within 12 months from the completion or occupation of the development, whichever is sooner. Any trees, shrubs or plant material which are part of the scheme, which die, become seriously damaged or diseased within two years of planting shall be replaced by trees or shrubs of a similar size and species to those originally required to be planted. Reason: In the interests of the visual amenity of the site as a whole, and to accord with Section 197 of the Town and Country Planning Act 1990.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 3 (CONT’D) APPLICATION NO. 2009/1162

5 The dwellings shall be constructed to achieve a minimum of Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category "Ene1 - Dwelling Emission Rate" in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (November 2010 - Version 3). The development shall be carried out entirely in accordance with the approved assessment and certification. Reason: In the interests of sustainability.

6 The construction of the dwellings hereby permitted and any external works shall not begin until an "Interim Certificate" has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Level 3) and a minimum of 1 credit under "Ene1 - Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability.

7 Prior to the occupation of the dwellings hereby permitted, a Code for Sustainable Homes "Final certificate" shall be submitted to the Local Planning Authority shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes (Level 3) and a minimum of 1 credit under "Ene1 – Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability.

8 A minimum of 2 car parking spaces per dwelling shall be provided within the curtilage of the site, and shall be used only for the purpose specified. Reason: To ensure that the proposed development does not prejudice the free flow of traffic or conditions of general safety along the neighbouring highway.

9 Before the development hereby approved is occupied the means of enclosing the boundaries of the site and individual curtilages of all dwellings shall be completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of visual amenity and general amenity.

10 The plans and particulars submitted in accordance with condition [4] above shall include: (a) a plan showing the location of, and allocating a reference number to, each existing tree on the site which has a stem with a diameter, measured over the bark at a point 1.5 metres above ground level, exceeding 75mm, showing which trees are to be retained and the crown spread of each retained tree; (b) details of the species, diameter (measured in accordance with paragraph (a) above), and the approximate height, and an assessment of the general state of health and stability, of each retained tree and of each tree which is on land adjacent to the site and to which paragraphs (c) and (b) below apply; (c) details of any proposed topping or lopping of any retained tree, or of any tree on land adjacent to the site; Continued … AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 3 (CONT’D) APPLICATION NO. 2009/1162

(d) details of any proposed alterations in existing ground levels, and of the position of any proposed excavation, (within the crown spread of any retained tree or of any tree on land adjacent to the site) (within a distance from any retained tree, or any tree on land adjacent to the site, equivalent to half the height of that tree); (e) details of the specification and position of fencing (and of any other measures to be taken) for the protection of any retained tree from damage before or during the course of development. In this condition "retained tree" means an existing tree which is to be retained in accordance with the plan referred to in paragraph (a) above. Reason: In the interests of visual amenity and general amenity, and to accord with Section 197 of the Town and Country Planning Act 1990.

11 No development shall commence until the developer has prepared a scheme for the comprehensive 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. The scheme shall detail: the type of drainage system to be installed; confirm that no part of the system is located within 10m of any ditch or watercourse; and confirm that there is no siting of the system within 50m or upslope of any well, spring or borehole used for a private supply; and the proposed soakaway has sufficient permeability in accordance with BS 6297; and a maintenance schedule in accordance with the manufacturer's instructions. The scheme shall include details of a sustainable drainage system (SUDS) for surface water drainage and details of any connections to a surface water drainage network, and the agreed scheme shall be implemented prior to the construction of any impermeable surfaces draining to the system, unless otherwise agreed in writing by the Local Planning Authority. The drainage scheme shall be retained and maintained as approved unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that a satisfactory comprehensive means of drainage is achieved and that no adverse impact occurs to the environment or the existing public sewerage system and to minimise surface water run-off.

12 Foul water and surface water discharges must be drained separately from the site and no surface water shall be allowed to connect (either directly or indirectly) to the public foul sewerage system. No land drainage run-off will be permitted, either directly or indirectly, to discharge into the public sewerage system Reason: To prevent hydraulic overloading of the public sewerage system and pollution of the environment.

13 This planning permission specifically excludes the use of a septic tank and/or any connection to a watercourse or land drainage system from a septic tank. Reason: To ensure a satisfactory means of drainage

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 3 (CONT’D) APPLICATION NO. 2009/1162

14 No development shall commence until further details of the sustainable drainage (SUDS) measures such as permeable paving for the driveway access and car parking area, and rainwater harvesting have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented and retained, unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of sustainability.

15 This planning permission is for no more that 7 new dwellings. Reason: In order to clarify the extent of the permission hereby granted.

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, EV2, HC2, AS6, EV33, EV34 and EV35 of the Swansea Unitary Development Plan 2008.

2 If connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water's Developer Services on 0800 917 2652.

3 The developer is advised to contact Welsh Waters New Connection Design Department, Players Industrial Estate, Swansea, SA6 5BQ, to discuss prior to the commencement of any site work. Telephone 0800 9172652 for further information. A water supply can be made available to serve this proposed development. the developer may be required to, under Sections 40 - 41 of the Water Industry Act 1991, towards the provisions of new off-site and/or on site watermians and associated infrastructure. The level of contribution can be calculated upon receipt of detailed site layout plans which should be sent to New Connections Design Department, Players Industrial Estate, Clydach, Swansea, SA6 5BQ.

4 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 of Habitats and Species Regulations 2010. 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

Amended plans SS/2009/01 Location plan received 1st September 2009.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 4 APPLICATION NO. 2010/1167 WARD: Gower Area 2

Location: Coal House Oxwich Bay Gower Swansea SA3 2HL Proposal: Conversion and refurbishment of former coalhouse building to restaurant, with alterations to include construction of single storey side extension and delivery yard (western elevation), and addition of outside terraced area for use as dining area , with new boundary walls, seaward facing retaining wall and associated works (southern and eastern elevations) Applicant: Mr Thomas Methuen-Campbell

BACKGROUND INFORMATION

POLICIES

Policy Policy Description Policy EC12 The conversion of existing buildings in the countryside to new uses that contribute to the local economy and the extensions of such buildings will be permitted subject to a defined set of criteria including the building's structural integrity, its ability to be converted without prejudicing the character of the building or its locality, the building's compatibility with its surroundings, issues of access and highway safety, and the building's past uses etc. (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 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 EV11 Development will not be permitted that would harm the character or setting of a registered Historic Park or Garden or the character of an Historic Landscape. (City & County of Swansea Unitary Development Plan 2008)

Policy EV9 Development within or adjacent to a Conservation Area will only be permitted if it would preserve or enhance the character and appearance of the Conservation Area or its setting. (City & County of Swansea Unitary Development Plan 2008)

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 4 (CONT’D) APPLICATION NO. 2010/1167

Policy EV21 In the countryside non-residential development will only be permitted where it can be demonstrated that it is beneficial for the rural economy, or it meets overriding social or economic local needs, or it is appropriate development associated with farm diversification, sustainable tourism or nature conservation, or it provides an acceptable economic use for brown field land or existing buildings, or it is essential for communications, other utility services, minerals or renewable energy generation. (City & County of Swansea Unitary Development Plan 2008)

Policy EV22 The countryside throughout the County will be conserved and enhanced for the sake of its natural heritage, natural resources, historic and cultural environment and agricultural and recreational value through: i) The control of development, and ii) Practical management and improvement measures. (City & County of Swansea Unitary Development Plan 2008)

Policy EV25 Development, alone or in combination with other plans or projects, which is likely to adversely affect the integrity of a European protected site (SAC, Marine SAC, SPA and Ramsar Sites) and is not directly connected with or necessary to the management of the site. (City & County of Swansea Unitary Development Plan 2008)

Policy EV27 Development that significantly adversely affects the special interests of sites designated as SSSI's and NNR's will not be permitted unless the need for the development is of such significance that it outweighs the national importance of the designation. (City & County of Swansea Unitary Development Plan 2008)

Policy EV31 Along the undeveloped coastline development proposals for the provision of visitor and recreation facilities and services to complement existing facilities will be permitted at specified coastal locations. (City & County of Swansea Unitary Development Plan 2008)

Policy EV40 Development proposals will not be permitted that would cause or result in significant harm to health, local amenity, natural heritage, the historic environment or landscape character because of significant levels of air, noise or light pollution. (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)

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 4 (CONT’D) APPLICATION NO. 2010/1167

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 EV37 The integrity and continuity of tidal and river defences will be maintained and improved where necessary. (City & County of Swansea Unitary Development Plan 2008)

Policy EC17 Proposals for tourism and recreation developments of an appropriate scale in locations which relate acceptably to the existing pattern of development and/or their surroundings in terms of the nature of the proposal concerned will be permitted provided they comply with a specified list of criteria including standard of design, effect on landscape and nature conservation, effect of visitor pressure on sensitive locations, provide acceptable and safe access, would not cause a loss of best agricultural land. (City & County of Swansea Unitary Development Plan 2008)

SITE HISTORY

App No. Proposal 2010/1130 Refurbishment and extending existing building with associated landscaping for use as a restaurant. Decision: Withdrawn Decision Date: 27/07/2010

85/0119/03 INDOOR TEACHING AREA AND OTHER ACTIVITIES FOR THE WIND SURFING SCHOOL INCLUDING STORAGE (BUT NOT RETAIL SALES) Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 28/03/1985

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 4 (CONT’D) APPLICATION NO. 2010/1167

RESPONSE TO CONSULTATIONS

ORIGINAL PLANS

The application was advertised on site and in the press as a Departure from the Development Plan. TWO LETTERS OF OBJECTION and ONE LETTER OF COMMENT were received, which are summarised as follows:

1. The location of the building with its proximity to the high tide line and ever increasing regularity of storms and bigger tides suggest that this is an inappropriate site to locate a business property. 2. Concerns of how hard engineering can affect the coastline, through introduction of sea walls and beach groynes. 3. Example given of negative effects of shoreline works at Llanelli coastline millennium project and affect on coastline of Burry Inlet and bird sanctuary. 4. Concerns that hard engineering will have negative effects on SSSI, NNR and Heritage coastline and entire coastline affecting all the beaches from Oxwich to Three Cliffs and beyond, as it will stop the long shore drift of the very sediment that maintains the area’s beaches and dunes. 5. Proposal also conflicts with the Swansea Bay Shoreline Management Plan (SBSMP) which states that any form of coastal defence used in the area should be in the form of dune nourishment. Refer to pages 58 and 62:- Short term 0-5 years : Review management strategy by carrying out a specific investigation of various options including natural solutions such as dune management and beach nourishment Including the use of storm beaches etc. 6. From the planning aspect of the proposal, it will be in direct violation of current planning legislation of the area to build any form of defence structure other than soft engineering of dune nourishment and associated storm beach nourishment. 7. Spelling of application feature questioned re groins or groynes. 8. Whilst proposal for conversion of this historic building is welcomed, concern raised that the building is surveyed for bats, before any work is carried out as they may be using it as a roosting site. 9. Also concern that swallows are nesting in the building and suitable mitigation measures put in place to ensure the continued availability of suitable nesting sites. 10. Reference to UDP Policy EV26 that requires the protection and enhancing of the AONB’s natural beauty, and Policy EV27 which require that development and effective mitigation and compensatory measures are provided to protect and enhances the interests of the AONB, including the conservation of the area’s wildlife and its habitats.

Dwr Cymru Welsh Water :- 20/08/10 comments summarised as follows:- As the applicant intends using utilising private drainage arrangements DCWW have no comment on the above planning application. If circumstances were to change and a connection made to the public system/public sewage treatment works is preferred, DCWW would require to be reconsulted.

Countryside Council for Wales:- 20/08/10 comments summarised as follows:- Whether or not these form part of an EIA, CCW advise that additional reports are submitted and assessed in support of application including, AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 4 (CONT’D) APPLICATION NO. 2010/1167

1) Given the proximity of the development to Oxwich Bay SSSI/NNR and the proposals to include a series of groynes and sea defences (particularly on the eastern side), it needs to be demonstrated that the inclusion of these structures and the external seating area will not have an adverse effect on the site and movement of sand across the beach. It needs to be demonstrated that the proposals will not impact on sand supply to the sand dunes and the features of the SSSI. Recommend an Expert Appraisal on Sand/Shoreline processes; and,

2) The application is fully assessed for its landscape and visual impact on the protected landscape of the Gower AONB and Heritage coastline. Suggest use of LANDMAP in order to assess the proposal. CCW satisfied that the bat report submitted demonstrates that the building does not have any bats using it.

Environment Agency Wales:- 27/08/10 comments summarised as follows:-

Request deferral of application until the following matters are suitably addressed:-

1) The application site is on the floodplain with the main risk of tidal flooding and climate change must be taken into consideration. EAW require a level survey to Ordnance Datum of the existing and proposed site to be submitted as part of the application. This will guide the scope of any further FCA that may be required. 2) OBJECT to the proposed method of foul disposal regarding non mains drainage, and stress that the first presumption must be to provide a system of foul drainage discharging into a public sewer. 3) Use of soakaways is an acceptable method of drainage provided the ground conditions are satisfactory. Applicant should also look at SUDs. 4) Given the past use of the site, possible that contamination may be present and it would be prudent to request a preliminary risk assessment to be undertaken to establish any risk to controlled waters. 5) Applicant should be made aware of licensed groundwater abstraction for potable water at the Oxwich Bay Hotel and any works must ensure this is protected.

The Gower Society – 6/09/10 comments summarised as follows:-

1. We find the proposal to be sympathetic; we accept that it could enhance the area and its current facilities. 2. There are slight reservations about the groins to the frontage and the possible effects on sand movement either side of the structure. 3. The addition of a further catering trade outlet in Oxwich raises the question as to how the overall improvement of this car park can be achieved. 4. The combined affect on the bay frontage of the white marquee and lighting at the Oxwich Bay Hotel, together with possible light pollution from this latest proposal must be collectively considered. 5. We believe that this application is an opportunity to raise the overall standard of this whole area, which should not be ignored. 6. Any signage and external lighting must be strictly controlled in order that the overall impact on this important part of the AONB is not counter-productive.

Please take the above comments into consideration when arriving at your decision. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 4 (CONT’D) APPLICATION NO. 2010/1167

Penrice Community Council :- 6/9/10 Support the application.

Glamorgan Gwent Archaeological Trust :- 6/09/11 comments summarised as follows:- There is a possible archaeological issue for this planning application. There are no recorded archaeological features though the Coal House does appear on first edition of OS map of 1879 and is situated within the Landscape Character Area of Oxwich and Nicholaston Burrows; characterised as HLCA053 Oxwich and Nicholaston Burrows; Besanded landscape; buried archaeology; mediaeval field boundaries; and intertidal features, mostly post mediaeval. Unlikely that any archaeological material will be disturbed by the proposed development but have considered the impact on the setting of the AONB and HLCA and consider it of local significance. The record is not definitive and any features disturbed during the course of work should be referred to the Trust.

Highways Observations :- 2/09/10: This proposal is accessed from the car park in Oxwich. Customer parking therefore will be able to take place within the car park and there is unlikely to be any issue of on street car parking in the vicinity . The opportunity for on street parking is almost non existent and therefore further supports the assumption that all parking will be within the car park.

AMENDED AND FURTHER AMENDED PLANS AND INFORMATION RECEIVED

The application was advertised after the receipt of further amended plans, and supporting information including a Landscape and Visual impact Assessment and revised Design and Access Statement. The amended plans were advertised by way of a site notice, and previous objectors, statutory agencies and internal specialist advisors were also consulted. NO LETTERS OF OBJECTION received.

Dwr Cymru Welsh Water :- 29/09/11 No Objection, summarised as follows:- No comment if applicant utilising private drainage facilities. 15/11/11 Confirmed that a foul only connection to the public sewer is acceptable in principle for the above planning application.

Countryside Council for Wales:- 21/10/11 No Objection summarised as follows:- In its current form the proposal is not likely to have an adverse effect on the natural heritage interests (of this area), however if the proposal changes wish to be reconsulted.

Environment Agency Wales:- 23/09/11: Query whether further information regarding levels has been submitted.

18/10/11:- Comments summarised as follows;-

1) Previously requested site level information has been submitted which confirms that the site is outside the current tidal flood outline. Also when applying a 75 year lifetime of development, the site remains outside the tidal flood outline. 2) However, considering the close proximity of this development to the edge of the beach, there is the potential for the beach to erode in the future. Refer to Shoreline Management Plan rel. pages 40,48, and 55. 3) Also advise LPA that the access/egress may be affected by fluvial inundation. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 4 (CONT’D) APPLICATION NO. 2010/1167

Re Surface water management note ground grey water recycling system is to be implemented and the water used to flush toilets. This is an acceptable form of SUDS drainage, and addresses EAW concerns re use of soakaways on site. 4) Also note from the ground floor plan attached to this application has connection of foul water drainage to the public mains which satisfies concerns regarding foul drainage.

Penrice Community Council:-4/10/11 Support. No complaints received regarding this application and Councillors felt that this amendment was necessary engineering work for this development and decided to support the application.

Gower AONB Officer Observations:- 28/09/11 No Objection summarised as follows:- Note the amended design which follows advice in AONB design guidance. Request consideration of outdoor lighting as advocated in Gower lighting guide, and request for removal of other unsightly buildings in car park.

Highway Observations - 16/09/11: No additional comments to make.

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Richard Lewis, because of concern about the impact the conversion of the Coal house will have on the beach at Oxwich Bay.

The application site includes the former Coal house building and a small area of surrounding land at Oxwich Beach car park, which lies adjacent to Oxwich Beach and is part of the Penrice estate. The site is located at the southern end of Oxwich Bay, which is part of the Heritage coastline within the Gower Area of Outstanding Natural Beauty. The site also falls within the Heritage Landscape Character Area of Oxwich, noted for its beach and dune systems, and lies in close proximity to the prominent headland at Oxwich Point, Oxwich Village Conservation Area, the Grade II* Listed Church of St Illtyds, and Gower Ash Woods Special Area of Conservation, as well as Oxwich Bay Site of Special Scientific Interest/National Nature Reserve.

The Coal house building is currently vacant, and this application seeks full planning permission for its conversion and refurbishment to a restaurant, with alterations to include: the construction of a single story side extension and delivery yard on the rear western elevation; addition of an outside terraced area for use as dining area, with new boundary walls, sea retaining wall and associated outside deck area for use as an additional dining space on the front beach elevations (southern and eastern elevations). The submitted plan indicates a restaurant layout of 68 internal covers and a potential 86 covers on the external terrace and this use would fall under Class A3 (Food and Drink). The proposal does not include any details of signage which would need to be considered under a separate application for advertising consent.

The existing Coal House building is set off the beach by approximately 4.4m and the proposed deck area will extend approximately 4m towards this natural open boundary, and the rear delivery yard will extend approximately 4.2m beyond the existing rear wall of the building. Car parking will be provided in the existing large car park surrounding the site. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 4 (CONT’D) APPLICATION NO. 2010/1167

The application was originally advertised as a Departure from the Development Plan, because the proposal included a series of new beach ‘groynes’ and associated sea walls extending into the adjacent beach, but these have now been removed. The amended scheme proposes that the new works remain confined within the limits of the established building and car park, and the proposed outdoor seating area has been refined to a simple deck with low sea wall that does not protrude into the beach. The application has therefore been re-advertised following the submission of the amended plans.

In addition, during the course of this application the applicant’s agents have explored various proposals to alleviate any potential impact of the natural coastal processes of the beach and dunes, and the removal of the groynes is therefore welcomed and accepted by the relevant specialist officers in the Council and Countryside Council for Wales. In addition, further information has been submitted including a revised Design and Access Statement, Visual Impact information, and additional information to address issues raised by the Council’s statutory advisor, the Environment Agency Wales, regarding on site drainage proposals and flood issues from tidal events.

Policy Considerations

The main issues to be considered are the suitability of the existing building for conversion and whether the proposal of a restaurant and associated development is acceptable at this sensitive coastal location within the Gower AONB and Heritage Coastline, having regard to the prevailing policies of the Unitary Development Plan and National planning policy guidance and the need to protect the surrounding protected areas listed above. In addition consideration has to be given to the tourism benefits of the restaurant at this site. It is not considered that the provisions of the Human Rights Act raise any other overriding considerations.

The application site is located in the Gower Area of Outstanding Natural Beauty which was the first AONB designated in 1956 (under the provisions of the National Parks and Access to the Countryside Act 1949) and the primary purpose of this designation was to conserve the natural beauty of the landscape of Gower, which was considered ’outstanding’ because of its largely unspoilt coastline, which amongst other things, includes the superb carboniferous limestone scenery of Oxwich Head and beach and dune systems at Oxwich.

Current national planning policy guidance provided by Planning Policy Wales 2002 (revised February 2011) continues to emphasise the importance of favouring the conservation of natural beauty in AONBs, which like National Parks are afforded the highest status of protection from inappropriate developments, although it will also be appropriate to have regard to the economic and social well-being of these areas. PPW advises that in AONBs, development plan development control decisions should give great weight to conserving and enhancing the natural beauty, wildlife and cultural heritage of these areas.

Whilst PPW recognises that the countryside is a dynamic and multi-purpose resource, in line with sustainability principles, it must be conserved and, where possible, enhanced for the sake of its ecological, geological, physiographic, historical, archaeological and agricultural value and for its landscape and natural resources, balancing the need to conserve these attributes against the economic, social and recreational needs of local communities and visitors. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 4 (CONT’D) APPLICATION NO. 2010/1167

New businesses in rural areas, are essential to sustain and improve rural communities, but developments which only offer short-term economic gain will rarely be appropriate. Moreover the scale and nature of tourism development should be sympathetic in nature and scale to the local environment and to the needs of visitors and the local community.

LANDMAP is the formally adopted methodology for landscape assessment, and is advocated by Planning Policy Wales, July 2010 as being an important information resource upon which local planning authorities can draw in making landscape assessments to inform local policy, guidance and decision making in the field (para. 5.3.13, PPW 2010.) LANDMAP describes and evaluates aspects of landscape and provides the consistent Wales-wide approach to landscape assessment. This includes, for example, local distinctiveness, special landscape area, and design.

The Unitary Development Plan for Swansea was adopted on the 10th November, 2008, and in line with national planning policy guidance, the relevant objectives and policies seek to protect the countryside and sensitive areas of high landscape quality in Gower AONB from development that would cause material harm, particularly where the undeveloped coastline or other areas of high landscape quality are concerned. The Local Planning Authority seeks to protect the environment and landscape of Gower AONB and Oxwich Village Conservation Area through the application of Strategic Part 1 Policies SP1, SP2, and SP3 and Part 2 Policies EV1, EV2, EV3, EV9, EV11, EV21, EV22, EV25, EV26, EV27, EV31, EV33, EV35, EV36, EV37, EV40, EC12, AS6 and Policy EC17 are relevant to this application.

In line with National planning policy guidance, Policy EV26 of the Unitary Development Plan requires that within the Gower AONB, the primary objective is the conservation and enhancement of the area’s natural beauty, and development that would have a material adverse effect on the natural beauty, wildlife and cultural heritage of the AONB will not be permitted. Furthermore, any development within the AONB should be of an appropriately high standard of design, and retain and where possible enhance existing features of natural heritage and the historic environment.

This is further reinforced by Policies EV1, EV2, EV9, EV11, EV22, EV25, and EV27 which respectively seek to conserve and enhance the special attributes of this area for the sake of its natural heritage, natural resources, historic environment and protecting sites of national interest, whilst Policy EV40 seeks to ensure that development proposals would not cause or result in significant harm to these interests, because of significant levels of air, noise, or light pollution.

Policy EV31 identifies Oxwich as a suitable location for visitor and recreational facilities, provided that they are of a scale and design that respects sensitive nature conservation, landscape and historic environment interests of this sensitive coastal location.

UDP Policy EV21 supports non residential development proposals, including rural tourism initiatives, provided they are in accord with the conservation and design principles of the Development Plan. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 4 (CONT’D) APPLICATION NO. 2010/1167

In this particular case, Policy EC12 is relevant because it supports the conversion of existing buildings to new uses that contribute to the local economy provided they meet the specified criteria, including the need for the building to structurally suitability for conversion without major or complete reconstruction and there is safe access for pedestrians and vehicles.

Policies EV33, EV35, EV36, and EV37 seek to ensure that the development meets the necessary sewage disposal, surface water run off, flood risk and tidal defence issues relevant to this location.

In addition the above UDP guidance is supported by Supplementary Planning Guidance including the Gower AONB Design Guide (formally adopted by the Council on 10th November, 2011) and the Conversion of Rural Buildings SPG (July 2011), the Gower AONB Management Plan (2006) and the Lighting Scheme Guidance for Gower AONB (2010), which are all relevant to this application.

In conclusion, the above policy framework requires that proposals for development must be carefully assessed for their effect on those natural international and national heritage interests which the designation of AONB was specifically intended to protect.

Background History

The Design and Access Statement submitted with this application provides some historical record of the current Coal House, which was one of two buildings built at this site @1800, and used for coal storage brought in by boat to Oxwich Bay until the 1950s. During the Second World War the building was requisitioned for war related uses, and since then from 1945 until about 1980 the Coal House was used as a cafe, and has been used as a water sports centre in the 1990s. Since then the building has been vacant.

In planning terms therefore this is a ‘brownfield site’, because the building has been in situ for a considerable length of time and is also located in an established tourist location within the beach car park. Moreover, it is considered that the building forms part of the heritage of this area, but is currently clearly in need of repair and refurbishment.

Visual Assessment of the Site

The application site is located on the southern limits of Oxwich Bay, and is seen in the context of the wider surrounding countryside setting, including the long sweep of Oxwich beach and bay to the north east, and the backcloth of the dunes and marshes and woodland to the north.

As referred to above, LANDMAP is the formally adopted methodology for landscape assessment, and an analysis of the relevant landscape, geological and historical layers of LANDMAP confirms that apart from being with the Gower AONB, the application site is close to sites of international importance, including Oxwich Dunes SSSI. Moreover the Visual and Sensory data for this site concludes that the application site falls within an area where there is an overall high scenic quality (picturesque views of coast), with attractive views both in and out (views of coast/cliffs from some viewpoints) and high character (strong sense of place), where the open landscape character should be retained and conserved, and tourism influence should be changed. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 4 (CONT’D) APPLICATION NO. 2010/1167

This is reinforced by the cultural landscape data for Oxwich Bay/Oxwich area, which recognises the national importance of Oxwich Bay as a “honey pot” destination for holiday makers throughout the UK and overseas. It describes the aspect area as ‘a three-mile crescent of gently-sloping white sand that culminates in the east with Great Tor. The recommendations include the immediate improvement of the appearance of beach buildings and caravan parks. In conclusion, this baseline data highlights the landscape constraints, landscape value, and local landscape character of this area and underlines that the application site is in an area of high scenic landscape quality and character, outstanding geological, outstanding historical, and high cultural significance, where improvement to the existing beach buildings is encouraged.

In terms of its current character and appearance, it is noted that the existing building is a modest single storey rectangular plan building with a simple industrial character comprising stone walls and a shallow pitched roof covered by asbestos sheeting. Door and window openings can be found on all elevations, these are detailed with brick reveals and cills. There are also distinctive ‘hit and miss’ brickwork patterns in the end gables, originally to provide ventilation.

Design Considerations

The proposal is to: convert the existing footprint to a restaurant and associated kitchen, extend the west elevation to accommodate storage and toilets, create an enclosed terrace on the east elevation facing Oxwich Bay and the sunny south elevation with fixed tables and benches.

With regard to the conversion of this building, consideration has been given to the criteria of UDP Policy EC12, which has recently been supplemented by the adopted Conversion of Rural Buildings SPG, which states in section 8.1: that ‘A major factor in assessing proposals for conversion will be that the appearance and structure of the building will remain as unaltered as possible, thus retaining its historic and architectural integrity. Avoidance of new external brickwork and limiting the number of new window and door openings is important in retaining the character of the building. The form of the building derives from its original use giving its character, which should be retained as far as possible regardless of any change of use. Wherever possible existing blocked up openings should be reused. It is also important to respect the solid to void ratio of the building, i.e. the amount of solid wall in relation to openings. Any new openings should be kept to a minimum and be proportionate to the existing. Proposals that involve rebuilding in modern materials and/or cladding in stone to imitate invariably lose this character and should be avoided wherever possible.’

In addition, the Gower AONB Design Guide states in section D1.12: Features and Services, that: a. Buildings should not be ‘domesticated’ through the introduction of inappropriate detailing or features such as porches or conservatories. b. Considerable care needs to be given to both siting and detailing when incorporating chimneys, flues or ventilation systems. External masonry chimneys will rarely be an acceptable addition to any conversion. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 4 (CONT’D) APPLICATION NO. 2010/1167

Insulated metal flues should be used instead as these can be housed within the building, minimising visual impact. Such flues should be finished in a dark recessive colour.

Having regard to the above guidance, it is considered that the proposed works to the existing building will maintain the traditional industrial character and details. All existing openings on the north, east and south elevations will be reopened and reused, whilst the openings on the west elevation are to remain blocked because an extension is proposed on this elevation. The three windows on the east elevation facing the sea will be lowered in a traditional manner to create full height openings with aluminium frames, which is supported to secure a sustainable future for the building which capitalises on this sea aspect. Furthermore in this particular case, the use of aluminium frames is considered acceptable, given the exposed nature of the site and the positive relation to the robust industrial character of the building.

The proposals also includes the addition of external sliding steel security shutters which are clad with timber boarding to reflect traditional external doors. This is considered an acceptable way to provide security and protection from winter storms in a manner that is in character with the building.

It is noted that the existing high-level brick ventilators are a distinctive feature of the building and these will be retained and glazed internally. They will also be visible internally as a high level feature. Similarly, the existing timber roof trusses are proposed to be retained as an internal feature, therefore insulation will be added on top of the trusses which will marginally increase the profile of the building (the ridge height will increase by 25cm). The roof is proposed to be finished with pre-weathered zinc standing seam sheets. This is considered an acceptable alternative to slate given the exposed nature of the site. However the exact finish and colour of the zinc will need to be agreed via condition to ensure that it is a non reflective finish that integrates with the colour palette of the Gower. It should be noted that the roof is uncluttered without roof lights to reinforce the traditional industrial character.

External flues are kept to a minimum and the single flue for the feature stove is considered acceptable. It appears that other vents associated with the proposed plant room which is located within the yard that forms part of extension element and is enclosed by a stone wall and timber gate. The proposed extension on the west elevation facing the car park is designed in a deliberately subservient manner with an unbroken stone wall abutting the road area, the new north and south elements are treated as infill timber elements and a flat roof completes the simple design. This is considered a welcome architectural approach which retains the focus on the original building whilst creating a high quality addition.

The proposed terrace on the east and south elevations takes advantage of views and sun. The north and south extremities will be defined by solid stone walls in character with the main building. The east boundary facing the sea will be finished with a stone upstand, timber panels and posts. All boundaries will be 90cm high to allow views across the bay whilst seated. This is an acceptable approach in principle, however it is considered necessary for large scale details of the terrace boundaries to be submitted and this can be controlled by condition. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 4 (CONT’D) APPLICATION NO. 2010/1167

In conclusion, whilst the building is prominent in the local context of the beach and its associated car park, the Landscape and Visual Impact Assessment demonstrates that the proposed conversion and extensions will be less prominent in the wider landscape. Moreover, it is considered that the sensitive restoration of this building will enhance rather than detract from the above features of interest in line with LANDMAP and policy objectives, and thus will safeguard the character of the original building and respect the setting of the nearby conservation area and listed buildings.

Coastal Defence Issues

In response to public consultation on the original proposal, concerns were raised by the Gower Society, a member of the public, and Countryside Council for Wales regarding the impact of the proposed groynes extending into the beach, and in particular the impact on the natural processes and movement of sand on this beach. The amended scheme has removed these groynes, and has been redesigned to ensure that there is no hard development extending beyond the current interface between the car park and the beach. This revised scheme has been discussed in detail with officers in CCW as well as officers in the Council responsible for shoreline management.

The revised proposal has been designed so that the sands will continue up to the terrace with a coastal defence for the building comprising large rock boulders (known as armourstone) concealed beneath the surface of the beach. In this manner inappropriate ‘urbanising’ features such as rock boulders or ‘groynes’ are avoided on the unspoilt expanse of Oxwich Bay. In the event of storm events exposing the armourstone, existing sand will be replenished by the Penrice Estate, which is responsible for both the building and the beach. This requirement can be controlled by condition to ensure that the appearance of the immediate beach is not changed to the detriment of the visual amenities of the open expanse of sand of Oxwich Bay.

CCW have confirmed that in relation to the Oxwich Bay SSSI that they support the agent’s assessment in the DAS, and they are pleased to see that the applicant intends to monitor the sand levels and movement on the beach to highlight any potential changes. Moreover the redesigned scheme for this edge of beach development addresses the planning concerns regarding the coastal defence features as well as the visual impact on the character of the beach.

Sustainability

Given that the proposal is for the conversion and extension of an existing building, there are no mandatory sustainable building standards set by the Welsh Government. However the scheme does include a number of sustainable features. An air source heat pump is proposed to provide heat for an under floor heating system. A grey water recycling system is proposed to recycle rain water from the roof for use in flushing toilets (not only does this reduced water use, it reduces the amount of water entering the foul water system). The use of sustainable materials is also proposed, such as certified FSC timber is also proposed.

Environmental and Ecology Issues

Following the original submission of the application, the Environment Agency requested additional information regarding existing and proposed site levels. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 4 (CONT’D) APPLICATION NO. 2010/1167

They are now satisfied that it has been demonstrated that the site will be outside the current tidal flood outline and also when applying the 75 year lifetime of the development, the site remains outside of the tidal flood outline.

The drainage arrangements have also been considered in detail by EAW who are satisfied that the proposed use of a below the ground grey water recycling system using the water to flush toilets is an acceptable form of sustainable drainage system (SUDS) and addresses the use of soakaways on site.

In addition the proposed connection of foul water to the existing foul sewer satisfies the Agency’s concerns regarding foul drainage. Dwr Cymru Welsh Water have also confirmed that a foul only connection to the public sewer is acceptable in principle, and the proposed drainage arrange arrangements will be controlled by condition.

Concerns were also raised by a member of the public regarding the potential presence of bats and breeding birds. CCW and the Department’s ecologist have considered the bat and owl survey submitted with the application which confirms that there are no protected species using the building, but an informative regarding bats and breeding birds can be attached to any permission.

Light and Noise Pollution Issues

The accepted principle in the AONB is that the tranquillity of the area including the intrinsically dark landscape of the beaches is protected. Whilst the former coal house building and associated car park is sited some distance from the main village, the nearest neighbouring property is the commercial hotel at Oxwich Bay Hotel, which is open during the evening all year round, so there is not complete darkness or quiet at present in this particular location.

However with regard to the current proposal, there is potential for the introduction of a restaurant with all year activity to generate increased noise, disturbance and light pollution. The applicant has indicated that he would like the maximum opening hours for the proposed restaurant to run from 9a.m. to midnight, and to be able to open all year although the main season would be April to October. In the winter it is indicated that the restaurant would be open for week-ends and for the Christmas period but it may also be open for cookery courses in the winter and he would welcome that flexibility.

Given the closeness of the proposal to the beach, there is potential to increase light on Oxwich Bay resulting from the use of the restaurant after dark. However, because the existing openings are used (some are lowered) this restricts visible light to a traditional pattern which is not considered excessive. However, it is considered necessary to control any external lighting by condition, in accordance with details to be submitted and approved by the Local Planning Authority in line with SPG policy guidance, Lighting Scheme Guidance for Gower AONB (2010), which advises that within the AONB there should be a night curfew for illumination between 23.00 and 0.400 hours.

In terms of its impact on residential amenity, the proposal and its access and parking arrangements is sited some distance from the nearest residential dwellings in the village so on that basis it is not considered reasonable or necessary to limit the hours of opening of this restaurant. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 4 (CONT’D) APPLICATION NO. 2010/1167

However, it should be noted that the opening hours for consuming drink and playing music will be governed by a separate licences that will need to be considered separately.

Tourism Issues

The advice in PPW and its associated TANs is that in the interests of achieving sustainable development it is important to manage change in the tourism sector in ways which respect the integrity of the natural, built and cultural environment. In particular TAN (Wales) 13, on Tourism advises that such development should be compatible with neighbouring uses, and seek to protect the setting of historic buildings.

Moreover, based on the information submitted, it is considered that the development meets the essential criteria in the UDP for conversion to a suitable use, and will not have a harmful impact on the visual amenities of the site and its surrounding context. As such the use of this existing building at a recognised and established tourist location as a restaurant is considered a satisfactory sustainable tourism development in line with the objectives of UDP policies EC17 and EV21.

Highway Observations

The Head of Transportation and Engineering has considered the proposed development which is accessed from the car park in Oxwich, and is satisfied that customer parking will be able to take place within the car park and there is unlikely to be any issue of on street car parking in the vicinity. The opportunity for on street parking is almost non existent and therefore further supports the assumption that all parking will be within the car park.

Other Material Considerations

The issues raised in statutory consultation are covered in the main body of the report. In addition, Glamorgan Gwent Archaeological Trust have confirmed that whilst there are no known features of archaeological interest at this site, they would need to be consulted if features were found during construction.

CONCLUSIONS

Having regard to the above considerations, it is considered that it has been demonstrated satisfactorily that the existing coal house building is suitable for conversion and extension in line with adopted SPG guidance and prevailing policies of the UDP, with no significant adverse visual impact on the immediate beach or surrounding protected areas, including landscape protected by national and international designations. Careful consideration has been given to the additional information submitted by the applicant regarding the impact of the proposal on the natural movement of the beach and dune systems, which now meets the critical concerns of CCW relating to protection of the environment and features of Oxwich SSSI. In addition the concerns of the EAW and DCWW regarding drainage and tidal flooding have been addressed following the submission of additional information.

Moreover it is considered that the reuse of the unlisted building for a restaurant would safeguard a historic asset, whilst benefitting the rural economy and creating a high quality tourism asset. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 4 (CONT’D) APPLICATION NO. 2010/1167

On this basis, it is considered that the scheme complies with the required criteria of Policy EC12 regarding conversion of rural buildings, Policies EV21 and EC17 regarding acceptable rural development, and overall meets the overriding objectives of Policies EV1, EV2, EV9, EV11, EV25, EV26, EV27, and EV31 and the supplementary planning guidance provided by the adopted Gower AONB Design Guide, the Conversion of Rural Buildings SPG, the Gower AONB Management Plan (2006) and the Lighting Scheme Guidance for Gower AONB (2010), which seek to protect the landscape and environmental heritage of this unique and sensitive coastal location within the AONB. Approval, subject to conditions, is recommended.

RECOMMENDATION

APPROVE subject to the following conditions:

2 Notwithstanding the plans submitted, prior to the commencement of the development, samples of external materials shall be submitted to and approved in writing before the development is commenced, including details of the following:. • Zinc roofing • New stonework • Timber elements • Aluminium frames • Rainwater goods The scheme shall be implemented and retained in accordance with the approved details, unless otherwise agreed in writing with the Local Planning Authority. Reason: In the interests of visual amenity.

3 Notwithstanding the plans submitted, prior to the commencement of development, details at an appropriate scale (unless otherwise agreed by the Local Planning Authority) of the following features shall be submitted to and approved in writing before the development is commenced. • Typical window/ door and external sliding shutter • Treatment of high level brick ventilator detail • Rainwater goods, eaves and verges • Terrace boundaries include stone copings and timber panels The development shall be carried out in and retained in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of visual amenity.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 4 (CONT’D) APPLICATION NO. 2010/1167

4 Notwithstanding the plans submitted, prior to the commencement of development, details of all vents or flues shall be submitted to and approved in writing before the development is commenced. The development shall be carried out in and retained in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of visual amenity.

5 All armourstone used in the construction of the linear sea wall on the boundary with the beach shall be laid beneath the surface of the beach, and hidden by sand at all times. Reason: In the interests of visual amenity and general amenity.

6 Notwithstanding the plans submitted, before the development hereby approved is brought into beneficial use, any external lighting and the hours of illumination shall be completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The agreed lighting scheme shall be retained and maintained in accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority. Reason: In the interests of nature conservation.

7 Notwithstanding the details submitted, the development hereby approved shall not be occupied until a scheme for the comprehensive and integrated foul water, surface water and land drainage for the site has been implemented in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Unless otherwise agreed in writing by the Local Planning Authority, the surface water drainage shall incorporate an approved sustainable drainage (SUDS) system. Reason: To ensure that a satisfactory comprehensive means of drainage is achieved and that no adverse impact occurs to the environment or the existing public sewerage system and to minimise surface water run-off.

8 Foul water and surface water discharges must be drained separately from the site and no surface water shall be allowed to connect (either directly or indirectly) to the public foul sewerage system. No land drainage run-off will be permitted, either directly or indirectly, to discharge into the public sewerage system. Reason: To prevent hydraulic overloading of the public sewerage system and pollution of the environment.

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, EV2, EV3, EV9, EV11, EV21, EV22, EV25, EV26, EV27, EV31, EV35, EV36, EV40, EC12, AS6 and EC17.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 4 (CONT’D) APPLICATION NO. 2010/1167

2 Birds may be present. 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 is in use or being built - Take or destroy an egg of any wild bird Care should be taken when working on buildings, trees and clearing bushes particularly during the bird nesting season, March - August.

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

PLANS

261309 site location plan, 261317 drainage plan, 261310B existing floor plan, 261311A existing elevations, 261312A existing section, received 5th August 2010 Amended plans 261320E proposed ground floor plan, 261322C proposed elevations, 261323B proposed section, 261324A proposed elevations 2, Design and Access Statement

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 5 APPLICATION NO. 2011/0233 WARD: Dunvant Area 2

Location: Dunvant Filling Station Goetre Fawr Fawr Road Killay Swansea SA2 7QT Proposal: Installation of an ATM and bollards Applicant: Mr Krish

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).

SITE HISTORY

App No. Proposal 2003/1813 Installation of a 12.5 metre high streetworks monopole with internal tri sector antennae and associated equipment cabinet (Application for the Prior Approval of the Local Planning Authority) Decision: Appeal Allowed Decision Date: 05/05/2004

2006/0704 Retention of freestanding ATM pod Decision: Withdrawn Decision Date: 04/07/2006

2006/1864 Replacement of existing 12.5 metre high streetworks monopole with a 15 metre high streetworks monopole (application for the Prior Approval of the Local Planning Authority) Decision: Appeal Allowed Decision Date: 02/03/2007

75/0809/11 PART USE OF EXISTING FORECOURT OF PETROL FILLING STATION AS CAR SALES AREA Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 01/08/1975

84/0927/03 CHANGE OF USE OF LAND REAR OF PETROL STATION OFFICE TO FORM 3 EXTRA SPACES FOR CAR SALES. Decision: *HRP - REFUSE PERMISSION Decision Date: 30/08/1984

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 5 (CONT’D) APPLICATION NO. 2011/0233

84/1453/03 INSTALLATION OF NEW PRODUCT PUMP + ALTERATIONS TO EXISTING PUMP ISLANDS. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 29/11/1984

84/1468/03 AREA FOR 3 CARS FOR SALE + RETENTION OF DEMOUNTABLE CAR SALES OFFICE. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 29/11/1984

87/1715/03 ERECTION OF A NEW DIESEL PUMP AND A 2500 GALLON DIESEL TANK ON FORECOURT. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 12/01/1988

88/2005/03 REDEVELOPMENT OF EXISITNG PETROL FILLING STATION. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 07/03/1989

RESPONSE TO CONSULTATIONS

The application was advertised on site and two neighbouring properties were consulted individually. ONE LETTER OF OBJECTION has been received which is summarised as follows:

1 There is a 1990 order restricting operating hours at the filling station. 2 The unit had already been installed prior to submitting of the application and the cash machine is operational 24 hours a day contrary to the court decision. 3 There are three cash machines nearby. 4 The retrospective application makes no case for its location and is restricted by two issues (a) how good is the equipment, (b) The general nature of the supporting DAS.

South Wales Police: The machine should be protected by bollards and CCTV

Trading Standards Petroleum Officer: The ATM is installed more than the required 4.0 metres distance from the pumps. The position is as it was originally a few years ago.

Pollution Control: No Observations

Highway Observations – This proposal is for the installation of an ATM on the petrol filling station forecourt. The ATM is to be sited next to the building and will not interfere with vehicle movements on the forecourt. Whilst it may attract visitors specifically for its use, it is unlikely to result in any adverse congestion within the forecourt that would lead to problems on the adjacent highway.

On balance therefore, I recommend that no highway objections are raised. * AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 5 (CONT’D) APPLICATION NO. 2011/0233

APPRAISAL

This application is reported to Committee for decision at the request of Councillor John Newbury.

Full planning permission is sought for the retention of a freestanding ATM pod at the Total Garage, Goetre Fawr Road, Dunvant.

The freestanding ATM pod is sited adjacent to the northern corner of the petrol filling station building, near to the entrance. The ATM pod is approximately 2.48 metres high and 0.9 metres wide, and is brightly coloured blue and red. It is located approximately 10m from no.181 Dunvant Road, separated by a boundary formed by close boarded fence of approximately 1.8 metres in height and conifer hedge beyond.

The main issues for consideration with regard to this application relate to the impact upon visual and residential amenities and highway safety having regard to prevailing Development Plan policies. There are in this case considered to be no additional overriding considerations arising from the provisions of the Human Rights Act.

With regard to visual amenity, the existing application site and specifically the garage shop which the ATM pod is located outside are brightly coloured, and the ATM will be consequently viewed in relation to the existing shop front. It is considered therefore that the retention of the ATM pod will not adversely affect the visual amenities of the area.

In terms of residential amenity, the ATM pod is located a distance of approximately 6.0 metres from the nearest residential property at No.181 Dunvant Road which is considered a sufficient distance to ensure that the residents within this property will not experience unacceptable noise nuisance by virtue of the use of the ATM.

Turning to highway safety, the Head of Transportation and Engineering has confirmed that they have no objection on the basis that the proposal is for the installation of an ATM on the petrol filling station forecourt. The ATM is to be sited next to the building and will not interfere with vehicle movements on the forecourt. Whilst it may attract visitors specifically for its use, it is unlikely to result in any adverse congestion within the forecourt that would lead to problems on the adjacent highway.

One letter of objection has been received which raises concern in relation to noise nuisance. This issue has been addressed above.

In addition, consultation has been undertaken with the Council’s Pollution Control Section as well as the Council’s Petroleum Officer and South Wales Police, all of which raise no objection to the development on residential amenity and safety grounds.

In conclusion and having regard to all material considerations, including the Human Rights Act, it is considered that the retention of the ATM pod does not have an unacceptable impact on the character and appearance of the surrounding area and is unlikely to impact upon the residential amenity of the occupants of neighbouring properties. It is considered to constitute an acceptable form of development in accordance with Policies EV1of the City and County of Swansea Unitary Development Plan 2008. Approval is therefore recommended. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 5 (CONT’D) APPLICATION NO. 2011/0233

RECOMMENDATION

APPROVE UNCONDITIONAL

INFORMATIVES

PLANS

Design and access statement, planning statement, site location plan, block plan, photos, proposed floor plan and section, existing and proposed photos, elevations and section received 14th February 2011

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 6 APPLICATION NO. 2011/1075 WARD: Gower Area 2

Location: Land adjoining Selbourne, Rectory Meadow, Reynoldston, Swansea SA3 1AD Proposal: Renewal of outline permission for a detached dwelling house and detached garage (variation of condition 3 of outline permission 2006/0367 granted on 1st August 2006) Applicant: Mr Paul Jackett

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 EV16 Within the small villages identified on the Proposals Map, small-scale development will be approved only where it is appropriate to the location in terms of the defined criteria. (City & County of Swansea Unitary Development Plan 2008)

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 6 (CONT’D) APPLICATION NO. 2011/1075

SITE HISTORY

App No. Proposal 2006/0367 Detached dwelling house (outline) Decision: Grant Permission Conditional Decision Date: 01/08/2006

99/0864 ERECTION OF ONE BUNGALOW (OUTLINE) (RENEWAL OF PLANNING PERMISSION 96/0402 GRANTED 6TH AUGUST 1996) Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 23/08/1999

90/0875/01 NEW HOUSE. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 31/07/1990

2007/0157 Construction of bungalow with detached garage (details of siting, design, external appearance, means of access, and landscaping pursuant to outline planning permission 2006/0367 granted on 1st August 2006) Decision: Grant Permission Conditional Decision Date: 13/03/2007

2002/0738 Construction of one detached bungalow (renewal of outline planning permision 99/0864 granted on 23 August 1999) Decision: Grant Permission Conditional Decision Date: 02/01/2003

87/0504/01 PROPOSED BUNGALOW. Decision: *HPS106 - PERMISSION SUBJ - S106 AGREEM. Decision Date: 14/07/1987

96/0402 ERECTION OF ONE BUNGALOW (OUTLINE) (RENEWAL OF PLANNING PERMISSION 93/0782 GRANTED 24TH AUGUST 1993) Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 06/08/1996

93/0782 ERECTION OF A BUNGALOW (OUTLINE) Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 24/08/1993

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 6 (CONT’D) APPLICATION NO. 2011/1075

88/0865/08 REDEVELOPMENT FOR USE AS CLASS D1 NON-RESIDENTIAL INSTITUTION OTHER THAN PUBLIC LIBRARY OR PUBLIC READING ROOM OR AS A PUBLIC HALL OR EXHIBITION HALL Decision: *HNOWC - NO OBJECTION WITH CONDITIONS Decision Date: 05/07/1988

2007/1877 To fell one ash tree covered by TPO no. 69 Decision: Withdrawn Decision Date: 12/03/2008

RESPONSE TO CONSULTATIONS

The application was advertised on site and in the press as a development within the Reynoldston Conservation Area and FOUR individual properties were consulted. SIX LETTERS OF OBJECTION have been received, which are summarised as follows:

1. There is an ongoing dispute about access which has not been resolved. 2. This renewal is an increase on the original permission and would be even more intrusive. The deeds of each of the three properties specifically state that no other property should be built there. 3. The road way is to these three properties only and can only be used by the owners of these three properties and any visitors. 4. The only access to this land is via the private driveway of Selbourne and is effectively landlocked. 5. The lane has no turning point as the lane terminates at the boundary of the driveway with Selbourne. 6. A dwelling would overlook and compromise the privacy of Selbourne and Ty’r Nant. 7. The plot has no right of access. 8. To add a further dwelling will alter the character of the development causing two of the three bungalows to be overlooked. 9. The building line of the proposed planning application should be reviewed to ensure compliance with the nature of the special development in Rectory Meadow.

Highways Observations – The plot is situated at the end of an unadopted track from which a number of other properties gain access. There appears to be ample space for parking within the plot and for this reason, there are no highway objections.

Dwr Cymru/Welsh Water – No objection subject to conditions.

Applicant’s Agent Statement. “The property is not landlocked and I can confirm that our client does have a right of way to and from the property.

With regards to the access road adjacent to Selbourne, I confirm that our client’s benefits from a prescriptive easement through long use. The previous owner of Selbourne provided a Statutory Declaration confirming the prescriptive easement prior to selling Selbourne to its current owners and the remaining plot of land to Mr Jackett.” AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 6 (CONT’D) APPLICATION NO. 2011/1075

APPRAISAL

The application is reported to Committee for decision at the request of Councillor Richard Lewis to enable the Committee to consider the policy implications of the proposal fully and to make a site visit to assess the visual impact if required.

The renewal of outline planning permission is sought for a detached dwelling and garage on land adjacent to Selbourne, Rectory Meadow in Reynoldston. The latest outline planning permission was granted in August 2006 – 2006/0367 refers. However, outline planning permission has been renewed on the land regularly since it was first granted in 1987. The principle of residential development on this land is therefore well established.

The main issues for consideration are the impact of a dwelling at this location on the visual amenities of the street scene, the Reynoldston Conservation area and the AONB and the residential amenities of neighbouring occupiers having regard to the prevailing development plan policies.

Policy EV1 refers to developments complying with the criteria of good design. Policy Ev9 refers to developments within Conservation Areas where they will only be permitted where they preserve or enhance the conservation area or its setting and must be of a high standard of design. Policy EV16 relates to developments within small villages, of which Reynoldston is one, where appropriate small scale development will be approved and Policy EV26 refers to developments within the AONB where the primary objective is to conserve and enhance the area’s natural beauty.

As the application is in outline form only, there are no details of scale or design to be considered at this stage, although the Design and Access Statement does refer to the new dwelling being a bungalow. The neighbouring properties in Rectory Meadow are bungalows and as such, it is considered that a sensitively designed single storey dwelling would be appropriate at this location, would be in keeping with the character and appearance of the area and thus not have an undue impact upon the visual amenities of the Reynoldston Conservation Area or it setting.

A plan has also been submitted for illustrative purposes only to show how a property could be sited on the land without it appearing as a cramped or overintensive form of development. The siting of the plot to neighbouring properties would also dictate that a sensitively sited and designed dwelling could be accommodated without having an undue impact upon their residential amenities by virtue of loss of privacy, loss of light or overbearing physical impact.

The plot is sited at the end of a gated driveway which leads off from the main road through Reynoldston. There are currently three properties which gain access off this road. The access to the plot would be over and shared with the access to Selbourne, which was the part of the original application for development on this plot. Representations from neighbouring properties have indicated that the new owner of the plot has no rights of access over this lane and as such the plot is landlocked. However, the application has submitted formal documentation to show that he has a right of way to his land from the main road through long use together with an easement allowing him access over Selbourne land “with or without vehicles”. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 6 (CONT’D) APPLICATION NO. 2011/1075

The TLSE has been undertaken and concludes that subject to the drainage conditions recommended, the development will not have a significant effect on its own or in combination with other developments in the catchment area for the reasons set out in the TLSE. These relate to the compensatory hydraulic capacity which has been created in the catchment area and which is recorded in the Register of approvals kept by the Council in accordance with the Memorandum of Understanding (MOU), signed by the City and County of Swansea (CCS), Carmarthenshire County Council (CCC), Countryside Council for Wales (CCW), Environment Agency Wales (EAW), and Dwr Cymru Welsh Water (DCWW) on the 1st March, 2010. Also the phosphate stripping carried out at the Llannant WWTW which has created a capacity for 1000 new dwellings within that part of the catchment area in Swansea. A full Appropriate Assessment under the Habitat Regulations is not therefore necessary and the application can be approved subject to the drainage conditions indicated. This would satisfy the requirements of the Habitat Regulations.

The issues raised by the objectors are noted and have been addressed above in the main body of the report.

In conclusion therefore and having regard to all material considerations, the proposal is considered an acceptable form of development at this location which will comply with the requirements of Policies EV1, EV9, EV16. EV26, EV33, EV34 and EV35 of the Unitary Development Plan 2008. Approval is recommended.

RECOMMENDATION

APPROVE, subject to the following conditions:

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 6 (CONT’D) APPLICATION NO. 2011/1075

4 The development shall be completed in accordance with the approved plans prior to any part of the development being brought into beneficial use. Reason: To ensure that the development is completed in accordance with the plans approved by the Council, and so avoid any detriment to amenity or public safety by works remaining uncompleted.

5 The dwelling shall be limited to single storey only. Reason: In the interests of visual amenity and the residential amenities of nearby occupiers.

6 The development shall incorporate a paved turning area to ensure all vehicles visiting the site can enter and leave in a forward gear. Reason: In the interests of highway safety and the freeflow of traffic.

7 The existing means of enclosure of the site to the west, east and north (including the hedge and drystone wall) shall be retained unless an alternative scheme of enclosure is submitted to and approved in writing Local Planning Authority. Reason: In the interests of visual amenity and general amenity.

8 The dwelling shall be constructed to achieve a minimum of Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category "Ene1 - Dwelling Emission Rate" in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (November 2010 - Version 3). The development shall be carried out entirely in accordance with the approved assessment and certification. Reason: In the interests of sustainability.

9 The construction of the dwelling(s) hereby permitted and any external works shall not begin until an "Interim Certificate" has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Level 3) and a minimum of 1 credit under "Ene1 - Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 6 (CONT’D) APPLICATION NO. 2011/1075

10 Prior to the occupation of the dwelling hereby permitted, a Code for Sustainable Homes "Final certificate" shall be submitted to the Local Planning Authority shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes (Level 3) and a minimum of 1 credit under "Ene1 Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability.

11 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. This scheme shall include details of a sustainable drainage system (SUDS) for surface water drainage, including details of the soakaway proposals for the proposed dwelling, confirming that it is adequate in size, is not located within 10m of any watercourse/ditch and has sufficient permeability in accordance with BS 6297; and the agreed scheme shall be implemented prior to the construction of any impermeable surfaces draining to the system, unless otherwise agreed in writing by the Local Planning Authority. The drainage scheme shall be retained and maintained as approved unless otherwise agreed in writing by the Local Planning Authority Reason: To ensure that a satisfactory comprehensive means of drainage is achieved and that no adverse impact occurs to the environment or the existing public sewerage system and to minimise surface water run-off.

12 Foul water and surface water discharges must be drained separately from the site and no surface water shall be allowed to connect (either directly or indirectly) to the public foul sewerage system. No land drainage run-off will be permitted, either directly or indirectly, to discharge into the public sewerage system. Reason: To prevent hydraulic overloading of the public sewerage system and pollution of the environment.

13 Notwithstanding the plans submitted, further details of the sustainable drainage (SUDS) measures such as permeable paving for the driveway access and car parking area, and rainwater harvesting shall be submitted to and approved in writing by the Local Planning Authority. The approved details shall be retained and maintained as such, unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of sustainability

INFORMATIVES

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 6 (CONT’D) APPLICATION NO. 2011/1075

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

3 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.

4 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.

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

PLANS

Block plan received 28th July 2011, 1:1250 and 1:500 site location plan dated 29th September 2011

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 7 APPLICATION NO. 2011/1208 WARD: Killay South Area 2

Location: 105 Ridgeway, Killay, Swansea SA2 7AP Proposal: Two storey side extension Applicant: Mr Michael Morris

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).

SITE HISTORY

App No. Proposal 2011/0068 Two storey side extension to create one no. additional self contained flat at ground floor level and the enlarging of one no. existing self contained flat at first floor level, front porch and fenestration alterations Decision: Refuse Decision Date: 15/03/2011

RESPONSE TO CONSULTATIONS

THREE LETTERS OF OBJECTION have been received, the concerns of which are outlined below. It should be noted that two of the letters are from the same person. The comments of which are outlined below:

1. There is only parking for two vehicles at best currently and the current car parking spaces are on land which is subsiding. 2. The drainage is not fit for purpose of the garage on the current property and is eroding the neighbour’s boundary hedge. 3. The street lighting in the area is not fit for purpose and the proposed height of the building will cause poor lighting when entering onto Ridgeway. 4. The area proposed including the neighbour’s dwelling has been previously flooded from Goetre Fawr Road, therefore, it is concerning that the applicant will not submit an appropriate flood risk assessment. Also by the neighbour’s recollection the proposed site is within 60 feet of a stream. 5. There is also no area within the plans to store and aid the collection of waste which has caused problems in the past. 6. There are bats on land near the proposed development. 7. The proposed development will cause excess traffic on the already narrow right of way. 8. There are already parking congestion issues; this problem has already been severely exacerbated by removal of previously available on street parking on Ridgeway. 9. As the proposed extension will be directly overlooking the adjacent library there is objection on the grounds that the library will be overshadowed by the extension and the degree of light will be compromised. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 7 (CONT’D) APPLICATION NO. 2011/1208

Highway observations –

This premises currently houses 5 flats. Three two bedrooms flats, a 3 bedroom flat and there is also a single bedsit at first floor level.

This proposal will see the removal of one bedroom from the 3 bedroom flat and the remodelling of the bedsit into a 2 bedroom flat. The overall number of units will remain at 5 and effectively this is a reallocation of the accommodation layout. The proposal also includes for a new access and parking area that will accommodate two cars, or one car and turning facilities. Whilst the new access is directly onto Ridgeway, it is sufficiently distant from the adjacent existing access to the development rear parking area and Library and I am satisfied that highway safety will not be compromised.

On balance, I recommend no highway objection subject to the construction of a vehicular crossing to Highway Authority Specification.

Note: The Developer must contact the Team Leader - Highways Management, City and County of Swansea (Highways), Penllergaer Offices c/o Civic Centre, Swansea, SA1 3SN (Tel 01792 636091) before carrying out any work.

APPRAISAL

The application is reported to Committee for decision at the request of Councillor Jeff Jones to assess the impact of the development on neighbouring occupiers.

Full planning permission is sought for a two storey side extension at 105 Ridgeway which is part of a block of flats located just off the turning into Ridgeway. There is a public library and hall located to the north of the site and residential properties located to the west and south of the site whilst the highway runs to the east of the site. The extension will enable the existing first floor bedsit to become a two bedroom flat with accommodation on the ground floor as well as the first floor. To enable this one of the existing flats on the ground floor will need to be reduced in size. It should be noted that a previous application (2011/0068) for a two storey side extension to create one no. additional self contained flat at ground floor level and the enlarging of one no. existing self contained flat at first floor level, front porch and fenestration alterations was refused consent on the 15th March 2011 due to issues in relation to highway concerns and the extension’s inappropriate and contrived design.

The main issues for consideration with regard to this application relate to the impact of the proposal upon visual and residential amenities having regard to Policy EV1 of the City and County of Swansea Unitary Development. There are in this case considered to be no additional issues arising from the provisions of the Human Rights Act, nor are there any highway safety issues to consider.

In terms of impact on visual amenity, the extension is considered to be in keeping with the character and appearance of the host building and the surrounding area due to the extension’s sympathetic scale and design. The extension is both set down from the ridgeline of the building and set back both from the front and back walls of the building which ensures it is viewed a subordinate structure in relation to the host building. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 7 (CONT’D) APPLICATION NO. 2011/1208

The extension has been reduced in size and altered in terms of its design in comparison to the previous proposal and as such the amended proposal is considered to be visually acceptable.

In terms of overbearance and overshadowing, the only buildings to the north of the building in question are a library and hall, there are no residential properties within close proximity of the extension and as such it is not considered to have an impact on the amenities of surrounding properties. It is not considered that unacceptable overshadowing or loss of light would be experienced by the library given the minimal scale of the extension compared to the existing building.

In terms of overlooking, there are considered to be no major issues with regard to detrimental viewing given that there are no residential properties located within close proximity of the proposal. In terms of viewing from the windows within the side of the extension, the views into the library are not considered harmful given that the library is a public building and does not as such have any residential amenity benefits associated with it. However, the views from the library into the proposed side windows maybe considered to be a relevant issue, therefore, a condition is attached ensuring the side windows within the side of the extension are obscurely glazed. This is not considered to give rise to any issues as the windows both serve non-habitable rooms.

The Head of Transportation and Engineering Services has stated this proposal will see the removal of one bedroom from the 3 bedroom flat and the remodelling of the bedsit into a 2 bedroom flat. The overall number of units will remain at 5 and effectively this is a reallocation of the accommodation layout. The proposal also includes for a new access and parking area that will accommodate two cars, or one car and turning facilities. Whilst the new access is directly onto Ridgeway, it is sufficiently distant from the adjacent existing access to the development rear parking area and Library and therefore, the Highways Officer is satisfied that highway safety will not be compromised. Therefore, on balance, there is no highway objection subject to the construction of a vehicular crossing to Highway Authority Specification.

Welsh Water has commented on the application recommending appropriate conditions are attached. The street lighting issue and the inadequate provision of the storage of waste are not considered to be relevant material planning considerations given that the number of units are not being increased. With regard to a flood risk assessment, this development is not considered to require this form of information given that it is not situated within a flood risk area. The Authority’s Ecologist has commented on the application and has advised that appropriate informatives be attached to the application. The concerns in relation to overshadowing are considered to be addressed within the report.

In conclusion, therefore, the proposals are considered to be appropriate forms of development that would not have any significant adverse visual impact upon the character and appearance of the host dwelling or the streetscene or impact upon the residential amenities of neighbouring occupiers or highway safety and, therefore, complies with Policy EV1 of the City and County of Swansea Unitary Development Plan.

RECOMMENDATION

APPROVE, subject to the following conditions: AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 7 (CONT’D) APPLICATION NO. 2011/1208

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

3 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. 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.

4 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.

5 The windows within the side elevation of the extension, as indicated on Plan No: 04 shall be obscure glazed, and unopenable except for a fan light and shall be retained as such unless otherwise agreed in writing with the Local Planning Authority. Reason: To safeguard privacy.

INFORMATIVES

1 The proposed development lies within coal mining area which may contain unrecorded mining related hazards. If any coal mining feature is encountered during development, this should be reported to The Coal Authority. Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires the prior written permission of The Coal Authority. Property specific summary information on coal mining can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com

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: (Policy EV1 of the Unitary Development Plan)

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 7 (CONT’D) APPLICATION NO. 2011/1208

3 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 of Habitats and Species Regulations 2010. 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).

4 Birds may be present in this building and 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.

5 The Developer must contact the Team Leader - Highways Management, City and County of Swansea (Highways), Penllergaer Offices c/o Civic Centre, Swansea, SA1 3SN (Tel 01792 636091)

6 If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water's Developer Services on 0800 917 2652

PLANS

01 site location plan & existing site plan, 02 existing elevations & floor plans, 03 proposed site plan, 04 proposed elevations & floor plans received 30th August 2011

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 8 APPLICATION NO. 2011/1328 WARD: Gower Area 2

Location: Frogs Hop, Oxwich, Swansea SA3 1LS Proposal: Two storey side extension with front and rear dormers (amendment to planning permission 2010/1275 granted 11th October 2010) Applicant: Mr John Woodley

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).

SITE HISTORY

App No. Proposal 84/1748/08 CONSTRUCTION OF NEW RESCUE ACCOMMODATION. Decision: *HNO - NO OBJECTION Decision Date: 28/02/1985

88/0776/01 REMOVAL OF STATIC CARAVAN AND REPLACEMENT BY A DWELLING HOUSE OR BUNGALOW. Decision: *HRP - REFUSE PERMISSION Decision Date: 02/08/1988

93/1083 CHANGE OF USE FROM 4 HOLIDAY FLATS TO 2 NO. SEMI DETACHED DWELLING UNITS AND FIRST FLOOR SIDE EXTENSION Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 26/10/1993 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 8 (CONT’D) APPLICATION NO. 2011/1328

2010/1275 Two storey side extension with front and rear dormers Decision: Grant Permission Conditional Decision Date: 11/10/2010

RESPONSE TO CONSULTATIONS

Three neighbouring properties were consulted and the application has been advertised on site and in the press. No responses have been received other than from Penrice Community Council.

Penrice Community Council – Council considered the application and were advised that the building was 600mm longer that was originally given permission for. The Council had no objection to the amended application.

Highways Observations – Parking requirements are unlikely to change as a result of this proposal. I recommend no highway objection.

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Richard Lewis to enable the committee to consider the policy implications of the proposal fully, and if considered necessary to undertake a site visit to assess the visual impact of the proposed alterations.

Full planning permission is sought for the construction of a two storey side extension with front and rear dormers which is an amendment to the previous application (2010/1275) for a two storey side extension with front and rear dormers which was approved on the 11th October 2010. This application seeks consent to increase the width of the extension by approximately 600m over and above what has previously been approved under the previous application. Therefore the analysis included within this report relates to the additional impact created by this increased element of the proposal as it is considered that the principal of the extension with dormers has been determined previously with regard to the 2010/1275 application.

The main issues to consider in this instance are the impact of the proposed development upon the visual amenity of the property, the street scene, the wider context of Gower AONB, the Oxwich Conservation Area and any residential amenity impacts that may arise. The proposed scheme has been considered against Policies EV1, EV9, EV26 and HC7 of the adopted Swansea Unitary Development Plan, the Gower AONB Design Guide and the Design Guide for Householder Development.

In terms of visual impact, the increased element of the extension is not considered to have a detrimental impact given that it is not considered to change the fact that the extension will still be considered to be acceptable in design terms. A condition is again attached to ensure matching materials are utilised. As such the extension is not considered to have a detrimental impact on either the Gower AONB of the Oxwich Conservation Area. It should be noted that since the previous application was decided the Gower AONB Design Guide has been adopted, this is not, however, considered to present any major additional issues. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 8 (CONT’D) APPLICATION NO. 2011/1328

In terms of residential impact, the additional element of the extension is not considered to give rise to any implications in terms of potential overbearance and overshadowing given its sympathetic siting and scale. Similarly, their will be no additional fenestration introduced as a result of the proposal over and above the fenestration associated with the previous proposals.

The Head of Transportation and Engineering Services has stated that the parking requirements are unlikely to change as a result of this proposal. Therefore, no objections are raised.

In conclusion and having regard to all material planning considerations including the Human Rights Act, the proposal is considered to represent a satisfactory form of development which will have an acceptable impact upon the character and appearance of the existing dwelling, the surrounding area, the Gower AONB and the Oxwich Conservation Area. The proposals are also not considered to have a detrimental impact on the residential amenities of neighbouring properties. As such the proposals comply with Policies EV1, EV9, EV26 and HC7 of the adopted Unitary Development Plan 2008, the Gower AONB Design Guide and the Design Guide for Householder Development.

RECOMMENDATION

APPROVE, subject to the following conditions:

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

INFORMATIVES

2 Bats may be present in this building. 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 of Habitats and Species Regulations 2010. 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. Continued ….. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 8 (CONT’D) APPLICATION NO. 2011/1328

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).

4 The applicant should be aware of the potential flood risks at this location, as part of the application site lies within zone C2, as defined by the development advice map referred to under TAN15 Development and Flood Risk (July 2004).

PLANS

FD/50/PL01 block plan, FD/50/PL02 site location plan, FD/50/PL03 existing ground floor plan, FD/50/PL04 existing first floor plan, FD/50/PL05 existing elevations, FD/50/PL06 proposed ground floor plan, FD/50/PL07 proposed first floor plan, FD/50/PL08 proposed elevations received 26th September 2011

ITEM 9 APPLICATION NO. 2011/1345 WARD: Oystermouth Area 2

Location: 732 Mumbles Road Mumbles Swansea SA3 4EL Proposal: Construction of 3 storey block of 6 self contained apartments and underground parking Applicant: Mr Stanley Hill

BACKGROUND INFORMATION

POLICIES

Policy Policy Description Policy AS6 Provision of car parking in accordance with adopted standards. (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

App No. Proposal 2011/0310 Construction of 3 storey block of 8 self contained apartments Decision: CALLED IN Application (Swansea) Decision Date: 09/05/2011

ITEM 9 (CONT’D) APPLICATION NO. 2011/1345

2008/2214 Change of use of 734 Mumbles Road from hotel and restaurant (Classes C1 and A3) and 736 Mumbles Road from three self contained flats (Class C3) to one residential care home (Class C2), rear lift shaft, fire escape and front access ramp Decision: Grant Permission Conditional Decision Date: 11/02/2009

2007/0871 Externally illuminated individual letters sign and projecting sign Decision: Grant Advertisement Consent (C) Decision Date: 06/06/2007

2002/2043 Conversion of two existing flats to three self-contained flats with three storey/part two storey rear extension, two dormer windows to front elevation and dormer extension to rear elevation and pedestrian access bridge from Clifton Terrace Decision: Appeal Allowed Decision Date: 15/12/2003

2007/0190 First floor side extension, 2 No.front decked areas at ground floor level and associated alterations Decision: Grant Permission Conditional Decision Date: 25/05/2007

2003/1082 Change of use of existing hotel (Class C1) to 6 self contained flats (Class C3) with part three storey part two storey rear extension, addition of bay window to first floor front elevation and external alterations to front elevation Decision: Perm Subj to S106 Agree Decision Date: 24/09/2004

2003/1109 Demolition of part two storey/part single storey rear extension and detached outbuilding (Application for Conservation Area Consent) Decision: Withdrawn Decision Date: 19/06/2003

2010/0950 Demolition of property (application for Conservation Area Consent) Decision: Grant Cons Area Consent Conditional Decision Date: 24/09/2010

RESPONSE TO CONSULTATIONS

The application was advertised on site and in the Local Press and 8 individual letters sent. ONE LETTER OF OBJECTION received which is summarised as follows:

• The roof design does not line up with the neighbouring properties. • There is already one eyesore along this frontage in the form of the Boat House; another is not needed.

ITEM 9 (CONT’D) APPLICATION NO. 2011/1345

• This is a conservation area.

AMENDED PLANS RECEIVED

The application was advertised on site and 8 individual letters sent. ONE LETTER OF OBJECTION received from the same household reiterating the points previously raised and raising the following additional points:

• All the houses in Clifton Terrace will have to look at the roofscape of the proposed building, as these properties only have gardens to the fronts of the properties.

The application was re-advertised on site and in the local press as Development within the Mumbles Conservation Area.

Dwr Cymru Welsh Water – NO OBJECTION subject to standard conditions ensuring foul and surface water discharges are drained separately from the site.

Mumbles Community Council - NO OBJECTION

Highways observations – This proposal is for the reconstruction of a building at 732 Mumbles Road for 6 apartments together with 6 basement car parking spaces. Consent was granted for conversion of the previous building from hotel to apartments without any off street parking. However, the development was not progressed and in the mean time the building has been demolished.

A new retaining wall to support Clifton Terrace is being constructed to the rear of the site and therefore any works to this area must be carefully considered and controlled so as not to have any adverse affect on those engineering works.

This proposed building is to be kept 4m away from the retaining wall however the basement parking area needs to extend nearer to the wall in order to be able to accommodate sufficient manoeuvring space to access and egress the parking bays. This is acceptable in principle but will require conditions to safeguard the retaining wall works to the rear.

I recommend no highway objection subject to the following;

1. Prior to any work commencing on site, detailed plans and calculations of the basement retaining walls shall be submitted and approved. Details shall include for the monitoring of the newly constructed Clifton Terrace retaining wall during construction works. All works shall be completed in accordance with those approved plans.

2. A traffic management plan for the construction phase shall be submitted and approved prior to any construction works commencing on site.

ITEM 9 (CONT’D) APPLICATION NO. 2011/1345

APPRAISAL

This application is reported to Committee for determination at the request of Councillor Tony Colburn so that the impact of the scale of the new building upon residential amenity is fully considered together with the impact of the proposal upon on street parking and highway safety issues.

The application has had to be re-advertised because of an administrative error which caused its location within the Mumbles Conservation Area not to have been identified in the legal notices. This consultation period does not expire until the 2nd January.

Full planning permission has previously been granted for the demolition of 732 Mumbles Road (2010/0950 refers) and the adjoining property 730 (2010/0945 refers) in order to provide access so that essential repair and maintenance work can be carried out along Clifton Terrace to the rear. Whilst a comprehensive scheme for the redevelopment of the two sites would have been desirable, the two plots fall within separate ownership and as such the site will be redeveloped in two phases.

The site is located within the Mumbles Conservation Area and as such Policies EV9 and EV10 of the Swansea Unitary Development Plan 2008 are relevant. These policies seek to ensure that new developments preserve or enhance the character and appearance of the Conservation Area and ensure that the demolition of buildings of character and their replacement would produce substantial benefits for the community, respectively.

As the proposal is for residential purposes within the urban area Policies EV1, EV2, and HC2 are also relevant Policies and set objectives of good design, and generally presume in favour of residential infill development unless there are overriding planning objections resulting from overdevelopment, significant loss of residential amenity, detrimental impact on the character and appearance of the area or satisfactory highway conditions. It is considered generally that developments should have proper regard to the amenities of surrounding areas, in particular visual impact, loss of light or privacy, shared activity, traffic and parking implications. This is further supported by Policy AS6 which requires proposals to provide appropriate car parking provision within the curtilage of the site.

The surrounding area has a mixed use character although residential uses are becoming a more predominant land use with several commercial premises in the area closing. On this basis, the residential redevelopment of the site raises no policy objection in principle provided that the character and appearance of the locality is not adversely harmed.

The scheme has been amended following a number of discussions and negotiations with the applicant’s agent. The previous demolition and proposed rebuild on the site presents an opportunity to enhance the character and appearance of the Conservation Area and it is considered that the amended proposal achieves this. The character along Mumbles Road within the Conservation Area demonstrates that there are two underlying rhythms:

• Fully symmetrical elevations or • Asymmetrical repeating elevations

The proposal involves a three storey building incorporating an under croft parking area. Given the limited width of the plot frontage (11m), it lends itself to a symmetrical design rather than repeating asymmetrical design.

ITEM 9 (CONT’D) APPLICATION NO. 2011/1345

This has informed the redesign and the front façade has been designed to incorporate a twin gables design with two storey hanging bays with a vertical emphasis. The original proposed balconies have been substituted with the use of flush fitting glass panels offering a simple contemporary element to the upper floors. The eaves have been refined to reflect the traditional detailing of the area and the ridge height reduced to match the height of the recent development to the west. Although the ridge height remains higher than the adjoining building to the east (734-736) this is not an uncommon relationship in the Conservation Area and is considered that this marginal increase in height is acceptable. The ground and first floors provide two, two bedroom flats on each of the floors while the second floor flats utilise the roof area thus providing for slightly larger levels of accommodation and offering two, three bedroom flats.

Given the Conservation area location the following finishes will be required and controlled fully via conditioned:

• Roof – natural slate or good quality artificial slate • Walls – render in a pastel colour (recessive treatment in linking element to 734) • Windows/Bays – painted timber with stone cills • Ground floor walls at back of footwall – natural stone with bespoke painted metal work above • Doors to under croft garage – painted timber.

The fenestration strikes a balance between the traditional character of the area and modern living. As stated above, the Juliet balconies have discrete glass balustrades and the openings are kept narrow in the traditional manner. The upper floor windows reduce in size in the traditional hierarchal manner. Furthermore the proposed building is joined to the neighbouring 734-736 and the continuous frontages of joined buildings that are a characteristic of the Conservation Area will be retained.

The applicant has confirmed in the submitted Code for Sustainable Homes pre- assessment, a predicted rating of Code Level 3 is achieved that the Ene1 credit requirements for the reduction of CO2 over the current Part L of Building regulations will be targeted through the percentage improvement of the Dwelling Emission Rate (DER) over the Target Emission rate (TER). However, given the sensitive location of the site within the Conservation Area it is considered both appropriate and necessary to remove via condition the Permitted Development rights normally afforded for micro generation to ensure no later additions which would harm the character of the Conservation Area.

On the basis of the above, overall it is considered that the proposal would enhance the character and quality of the Conservation Area.

Turning to the issue of residential amenity the main issues to consider are along Clifton Terrace to the rear, and the adjoining property 734-736 Mumbles as well as any impact the proposal may have upon the development of the adjoining vacant site. With regard to the premises to the rear, it is noted that these properties are set at a significantly higher land level, and whilst it is acknowledge that currently No’s 9-13 Clifton Terrace enjoy a clear, uninterrupted view over the bay as a result of the demolition of No’s 730 and 732 Mumbles Road, this was always going to be a temporary situation, and the redevelopment of both vacant plots a conditional requirement of the original demolitions being approved and as such an inevitability.

ITEM 9 (CONT’D) APPLICATION NO. 2011/1345

However, a separation distance of some 20m is achieved between the proposed building and the dwellings to the rear, which coupled with the steep topography of the site is considered sufficient to mitigate against any direct overlooking. Furthermore the windows are at a height where there would be no more opportunity for overlooking over and above that which was previously experienced. All windows and doors are front or rear facing and as such there will be no overlooking to the east or west. In terms of physical impact, the proposal is a replacement building of comparable proportions to the original, infilling a temporary gap within an otherwise continuous terraced frontage, the physical impact of the proposal is not therefore considered demonstrably more harmful than the original building and is typically characteristic of the Conservation Area. The proposal is not likely, therefore, to have any significant adverse impact on adjoining occupiers through overbearing, overshadowing or overlooking issues.

In terms of the residential amenities of the future occupiers of the flats, whilst it is accepted that there will be limited outlook particularly from the rear rooms of the ground floor, however the doors and windows featured on the rear elevations coupled with the rear projection being set in off the boundary ensures that adequate natural lighting will be afforded to the lower ground floor flats. Furthermore the proposed arrangement is no worse than similar recently approved schemes and as such cannot be a justified reason for refusal. It is noteworthy also that a small area of rear outdoor amenity space is provided for the ground floor flats, which is recognised as being of significant amenity value for a flat. Overall the scheme displays a high standard throughout and it is considered to be a well thought-out proposal.

In terms of highway safety and parking issues the Head of Transportation and Engineering, notes that the proposal is for the reconstruction of a building at 732 Mumbles Road for 6 apartments together with 6 basement car parking spaces. Consent was granted for conversion of the previous building from hotel to apartments without any off street parking. However, the development was not progressed and in the mean time the building has been demolished. A new retaining wall to support Clifton Terrace is being constructed to the rear of the site and therefore any works to this area must be carefully considered and controlled so as not to have any adverse affect on those engineering works. The proposed building will be set 4m away from the retaining wall however the basement parking area needs to extend nearer to the wall in order to be able to accommodate sufficient manoeuvring space to access and egress the parking bays. This is acceptable in principle but will require conditions to safeguard the retaining wall works to the rear. The Head of Transportation and Engineering recommends no highway objection subject to conditions requiring the submission of detailed calculations of the basement retaining wall, and the submission of a traffic management plan for the construction phase.

The concerns raised by a third party refer to issues of visual and residential amenity which have been addressed in detail above.

In light of all the above factors it is considered that the proposal represents an acceptable form of development that will enhance the character and appearance of the area without detracting from the residential amenities of adjoining occupiers or prejudicing highway safety. The development is acceptable in all respects and conforms with Policies EV1, EV2, EV3, EV9, EV26, and AS6 of the Swansea Unitary Development Plan 2008. Approval is therefore recommended.

ITEM 9 (CONT’D) APPLICATION NO. 2011/1345

RECOMMENDATION

That the Head of Economic Regeneration and Planning be delegated to approve the application subject to the conditions below, and to the receipt of no additional representations by third parties that raise other relevant material considerations beyond those reported above before the 2nd January when the revised statutory consultation period expires. Should such additional representations be received, then the application will be brought back to this Committee.

2 Samples of all external finishes shall be submitted to and approved by the Local Planning Authority in writing before the development is commenced. The scheme shall be implemented in accordance with the approved details. Reason: In the interests of visual amenity.

3 The dwelling(s) shall be constructed to achieve a minimum of Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category "Ene1 - Dwelling Emission Rate" in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (November 2010 - Version 3). The development shall be carried out entirely in accordance with the approved assessment and certification. Reason: In the interests of sustainability.

4 The construction of the dwelling(s) hereby permitted and any external works shall not begin until an "Interim Certificate" has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Level 3) and a minimum of 1 credit under "Ene1 - Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability.

5 Prior to the occupation of the dwelling(s) hereby permitted, a Code for Sustainable Homes "Final certificate" shall be submitted to the Local Planning Authority shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes (Level 3) and a minimum of 1 credit under "Ene1 – Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability.

ITEM 9 (CONT’D) APPLICATION NO. 2011/1345

6 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or amending that Order), Classes A to F of PART 40 of Schedule 2 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.

7 Prior to any work commencing on site, detailed plans and calculations of the basement retaining walls shall be submitted and approved. Details shall include for the monitoring of the newly constructed Clifton Terrace retaining wall during construction works. All works shall be completed in accordance with those approved plans. Reason: To ensure the development is constructed in the interest of safety and land stability.

8 A traffic management plan for the construction phase shall be submitted and approved prior to any construction works commencing on site Reason: To ensure that the proposed development is constructed in the interests of safety and traffic management.

9 Foul water and surface water discharges shall be drained separately from the site. Reason: To protect the integrity of the public sewerage system

10 No surface water shall be allowed to connect either directly or indirectly to the public sewerage system unless otherwise approved in writing by Local Planning Authority 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.

11 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.

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, EV2, EV3, EV9, EV26 and AS6 of the Swansea Unitary Development Plan 2008.

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

ITEM 9 (CONT’D) APPLICATION NO. 2011/1345

PLANS

Site location plan, block plan, received 29th September 2011. Amended plans: proposed front elevation and floor plans, proposed elevations and cross sections and additional plan: proposed elevations and streetscene received 9th November 2011

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 10 APPLICATION NO. 2011/1367 WARD: Sketty Area 2

Location: 23 Gower Road Sketty Swansea SA2 9BX Proposal: Change of use of ground floor from retail (Class A1) to letting agency/estate agents (Class A2) Applicant: Mr Paul Sullivan

BACKGROUND INFORMATION

POLICIES

Policy Policy Description Policy EC5 Development within designated district centres will be encouraged where it is of a type and scale that maintains or improves the range and quality of shopping facilities and meets other specified criteria. (City & County of Swansea Unitary Development Plan 2008)

Policy ECNR Proposals for non retail uses at ground floor level within shopping centres will be assessed against defined criteria, including their relationship to other existing or approved non retail uses; their effect upon the primary retail function of the centre; the proposed shop front and window display; the time the unit has been marketed for A1 uses, and its likelihood of continuing to be vacant; its location in relation to the primary shopping area; and its impact upon the vitality, viability and attractiveness of the centre. (City & County of Swansea Unitary Development Plan 2008)

SITE HISTORY

App No. Proposal 97/0725 ERECTION OF NEW SHOP FRONT AND 2 NO. AIR CONDITIONING UNITS ON REAR ELEVATION Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 14/07/1997

97/0187 CHANGE OF USE FROM CARPET SHOP (CLASS A1) TO LICENSED BETTING OFFICE (CLASS A2) Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 24/03/1997

88/1572/03 CHANGE OF USE TO OPHTHALMIC OPTICS PRACTICE. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 06/12/1988

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 10 (CONT’D) APPLICATION NO. 2011/1367

78/0841/11 CHANGE OF USE FROM POST OFFICE TO DRY CLEANING SHOP Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 31/08/1978

80/0711/11 NEW SHOPFRONT AND ALTERATIONS TO FORM LICENSED BETTING OFFICE Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 26/06/1980

80/2030/11 ALTERATIONS INTO LICENSED BETTING OFFICE Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 26/02/1981

2010/1657 Change of use of ground floor from retail (Class A1) to cafe/sandwich bar (Class A3) Decision: Refuse Decision Date: 16/12/2010

A00/0745 CHANGE OF USE FROM CARPET SHOP (CLASS A1) TO HOT FOOD TAKE AWAY (CLASS A3) Decision: *HRP - REFUSE PERMISSION Decision Date: 26/09/2000

2011/1077 Change of use from retail (Class A1) to letting agency/estate agents (Class A2) Decision: Refuse Decision Date: 22/09/2011

89/0952/03 CHANGE OF USE FROM DRY CLEANING SHOP TO SHOWROOM OF FITTED BEDROOM AND BATHROOM FURNITURE Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 22/09/1989

2004/0354 Change of use from retail shop (Class A1) to hot food takeaway (Class A3) Decision: Appeal Withdrawn Decision Date: 11/10/2005

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Huw Rees to enable consideration of the policy implications of the proposal fully.

Full planning permission is sought for the change of use of the ground floor from retail (Class A1) to letting agency/estate agents (Class A2) at No 23 Gower Road, Sketty. The building is located on the southern side of Gower Road within the Sketty District Shopping Centre as defined by Policy EC5 of the Swansea Unitary Development Plan 2008. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 10 (CONT’D) APPLICATION NO. 2011/1367

The application is an end-link property most recently used as a bridal shop, although currently vacant.

The main issue for consideration relates to the appropriateness of the use at this location and its visual impact and effect on neighbouring properties as well as highway safety, having regard to the City and County of Swansea Unitary Development Plan.

Policy ECNR of the Unitary Development Plan requires development to have regard to the acceptability of proposals for non-retail uses at ground floor level within shopping centres having regard to the following criteria:

The relationship of the proposal to other existing or approved non-retail uses within the centre - the property is surrounded by a range of premises undertaking non retail activity (including an estate agent, betting shop, bank, & letting agent). When considering this portion of the southern side of Gower Road as a whole (No.’s23-45) approval of this application (bearing in mind the recently approved non-retail (A3) use at 29b) would result in some 90% of the frontage being non-retail (the majority of which within Class A2). It is therefore considered that the introduction of a further non-retail (A2) use into this primary area would result in a serious dilution of the retail frontage at this location to the detriment of the viability, vitality and attractiveness of the district centre. The applicants supporting statement considers that “as there are no other A1 uses located along this stretch, beyond the application premises……..the change of use of 23 Gower Road would not isolate any primary retail frontage units within A1 from the centre shopping core”. It should be recognised, however, that there is one Class A1 retail outlet remaining within this frontage (Tesco Express), which would become further isolated within this primary retail frontage if consent were granted.

The affect upon the primary retail function of the centre, either individually or in combination with other non-retail uses – given the predominance of non retail uses already at this location as detailed above it is considered that the further loss of a retail unit at this location would result in a dilution of the retail offer to such a degree that it would undermine the primary retail function of the centre and be detrimental to its vitality and viability. The application property is currently vacant at ground floor level. The previous occupant provided bridal shop and the information submitted on the application indicates that trading ceased in March 2009. Whilst it is accepted that the unit has remained vacant for in excess of two years, it is nevertheless considered premature to argue that an alternative non-retail use could arguably be more beneficial than the continued vacancy of the unit. It is considered that the unit is well-placed within the heart of the centre for future successful retail use. The applicants supporting statement argues that 63% of the primary shopping frontage would remain in A1 use. This calculation is however based on the centre as a whole rather than the continuous frontage within which it’s sited. Appendix E of Supplementary Planning Guidance, entitled “District Centres, Local Centres and Community Facilities” sets out the means by which the calculation of non-retail uses within primary frontages should be carried out and states that “a frontage should generally comprise a continuous, linear run of adjacent properties on the same street that together from a meaningful grouping. There should not normally be any clearly identifiable physical gap (such as a road or significant undeveloped space) which would constitute a break in the frontage as such require the two frontages to be considered separately.” Therefore when considering the continuous primary frontage in question in this instance approval of the application would result in only some 12% of the frontage remaining in Class A1 usage. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 10 (CONT’D) APPLICATION NO. 2011/1367

The nature of the shop front and window display that would be introduced – the scheme as submitted does not propose alterations to the existing frontage and the existing substantial shop-front would be retained. To this end the proposal would not harm the active frontage of this part of the district centre.

Whether and for what length of time the premises has been genuinely marketed for retail use – The property has been vacant for some 2 years+, the applicants supporting statement details the marketing strategy and includes advertising on site and in the local press. This is acknowledged as a more robust demonstration of genuine marketing compared to previous applicants, however, notwithstanding this, and whilst it is recognised that there may come a point in time in future where an alternative non-retail use my be less harmful than a continued vacant unit, it is currently considered premature to adopt this approach, particularly when considering the recent take-up of units within the centre. Furthermore, it is considered that approval of the proposed Class A2 unit, within a frontage currently dominated with Class A2 uses would seriously undermine the primary retail function and would result in a distinct change in character within this part of the centre. This change in character and the resultant impact upon the primary retail function is considered more harmful than the continued vacancy of this single unit and is considered sufficiently harmful in the long term to warrant refusal.

The likelihood of the unit remaining vacant for a significant period of time – Vacancy rates within the District Centre fluctuate, although there has been a recent influx of new business into the centre which suggests vacant units would not remain so for a protracted period. Furthermore this is a well placed unit with a large shopfront display window, as such it is considered that the change of use to a non-retail function without sufficient justification would be premature and result in a damaging proliferation of non-retail uses to the detriment of the District Centre.

The location of the site relative to the established primary shopping area - see above.

The overall impact upon the vitality, viability and attractiveness of the centre – Whilst it may be argued that a use (even if non-retail) may serve to increase the footfall through this part of the District Centre, this is not of itself considered to outweigh the requirement that applications of this nature actively contribute to the vitality, viability and attractiveness of the centre. Notwithstanding a possible increase in footfall the overall contribution to the district centre is considered to be a negative one.

Residential Amenity It is noteworthy that the premises is closely neighboured by a residential complex comprising of flats for the elderly known as Maxime Court. Although located within the district centre, and therefore some noise and disturbance is an inevitable consequence of district centre living, the proximity of the flats (54 in total) is a material consideration for the determination of this application. The Head of Environmental Management and Protection has however offered no objection to the proposal therefore a refusal reason on the basis of impact upon residential amenity is considered difficult to sustain. Furthermore, if planning permission were minded to be granted, the use of the premises within class A2 is unlikely to attract a level of activity that would have any detrimental impact upon the amenities of the nearby residents. However in this instance the damaging effects of the proposal upon the vitality, viability and attractiveness of the centre are considered sufficiently harmful to justify refusal of the application. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 10 (CONT’D) APPLICATION NO. 2011/1367

Highway Safety

The site is located at the bus and service vehicle bay on Gower Road Sketty where there are issues relating to inappropriate parking taking place in the lay-by at this location. It is not considered however that the introduction of an A2 use would exacerbate the parking situation and the Head of Transportation and Engineering raises no highway objection.

In conclusion, and having regard to all material considerations including the Human Rights Act, it is considered the proposal represents an unacceptable form of development that fails to comply with the provisions of the City and County of Swansea Unitary Development Plan 2008. Refusal is therefore recommended.

RECOMMENDATION

REFUSE, for the following reason:

1 The introduction of a further non-retail use within this existing run of predominantly non-retail properties would result in an unacceptable dilution of the retail frontage and undermine the retail function of the District Centre detrimental to its vitality, viability and attractiveness, contrary to Policy ECNR of the City and 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: Policies EV3, EC5 and ECNR of the Swansea Unitary Development Plan 2008.

PLANS

SK-03 site plan and elevations, SK-01 existing floor plans, SK02 proposed floor plans received 3rd October 2011

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 11 APPLICATION NO. 2011/1384 WARD: Gower Area 2

Location: Margam Farm, Port Eynon, Swansea SA3 1PD Proposal: Installation of solar panels to agricultural building Applicant: Mr Lawrence Grove

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 R11 Proposals for the provision of renewable energy resources, including ancillary infrastructure and buildings, will be permitted subject to compliance with specified criteria. (City & County of Swansea Unitary Development Plan 2008)

SITE HISTORY

App No. Proposal 2007/1580 Free standing solar panels Decision: Grant Permission Conditional Decision Date: 13/09/2007

RESPONSE TO CONSULTATIONS

The application was advertised via a site notice. No Response.

Gower Society – 1. The proposal is for solar panels on an industrial scale. 2. The implications for the AONB are very grave. This type of application becomes more frequent. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 11 (CONT’D) APPLICATION NO. 2011/1384

3. In principle, the installation of panels on industrial sheds is sound but could this become widespread on every farm building within the AONB. Industrial estates would be more acceptable where there would be minimal impact upon the landscape. 4. Many questions have been asked about the long term viability of the existing roof and building, as well as the impact both now and in the future of such proposals. 5. We have to accept that this particular proposal will not be seen from wider area, it will impact only on a limited sphere of land to the south before natural ground slope dips towards the sea. 6. We do not know who will pay for such an installation, or whether the farmer purely rents out the roof space. We can see that the latter could be of great financial assistance to local farmers.

APPRAISAL

The application is reported to Committee for decision by Councillor Richard Lewis to consider the Policy Implications.

Full planning permission is sought for the installation of solar panels on the south facing roof slope of an agricultural building forming part of Margam Farm, Port Eynon. The proposal is located outside of the residential curtilage associated with the farm house and therefore requires consent.

The main issues for consideration with regard to this application relate to the impact of the proposal upon the visual amenities of the surrounding Gower AONB having regard to Policies EV1, EV21, EV26, EV22 and R11 of the City and County of Swansea Unitary Development Plan 2008. There are in this case considered to be no additional issues arising from the provisions of the Human Rights Act.

The proposed solar panels would be installed by Freetricity who would lease the roof top and two foot of air space from the applicant and also provide free electricity to the farm and would maintain the solar panels and conduct periodic maintenance.

The proposal given its location on a dark coloured south facing roof, would not be widely visible from the surrounding area or the public highway. The proposal would be considered to blend in with the associated farm buildings and is largely screened from public view. However, it may be visible for a short distance from a public right of way passing closely to the site on the eastern elevation. Despite the visibility from the public right of way, the solar panels are not considered to have detrimental impacts on the character and appearance of the Gower AONB. Any future proposals for such schemes would be carefully assessed on their own merits.

In visual terms the proposal is considered to integrate well with the landscape, and is not considered likely to adversely affect the visual amenity, local environment or recreational use of the area. Due to the low reflectivity of the panels there would be unlikely to be any significant adverse effect on local amenity. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 11 (CONT’D) APPLICATION NO. 2011/1384

In conclusion, having regard to all material considerations including the Human Rights Act, the proposal is considered to represent a satisfactory form of development which complies with current development plan Policy EV1, EV21, EV22, EV26 and R11 of the City and County of Swansea Unitary Development Plan 2008 and has an acceptable impact on the character and visual amenities of the area in which it is situated. Approval is therefore recommended.

RECOMMENDATION

APPROVE, subject to the following condition:

INFORMATIVES

2 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 of Habitats and Species Regulations 2010. 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).

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

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 11 (CONT’D) APPLICATION NO. 2011/1384

PLANS

Planning statement, existing elevations & roof plans, proposed elevations & roof plan received 4th October 2011

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 12 APPLICATION NO. 2011/1563 WARD: Gower Area 2

Location: The Old School House Penmaen Swansea SA3 2HQ Proposal: Single storey extension to west elevation with balcony and roof extension above Applicant: Mr & Mrs Layton Jones

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).

SITE HISTORY

App No. Proposal 86/0601/03 PROPOSED KITCHEN/DINING UTILITY LARDER + W.C.(G/FLOOR) PROPOSED BEDROOM + SHOWER ROOM (F/FLOOR) + SUN LOUNGE (G/FLOOR). Decision: *HGPCU - GRANT PERMISSION UNCONDITIONAL Decision Date: 26/06/1986

2004/0835 Detached Garage Decision: Grant Permission Conditional Decision Date: 28/05/2004

RESPONSE TO CONSULTATIONS

• The neighbouring occupants of St. John’s the Baptist Church and Hunter’s Lodge were sent letters of consultation on 16th November, 2011. No representations have been received to date.

• A letter has been received from Ilston Community Council who raise no objection to the proposed development. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 12 (CONT’D) APPLICATION NO. 2011/1563

• A letter has been received from The Gower Society who raise an objection to the proposed development on the following grounds:

1. We do not think that the rear development in itself will impact greatly upon the streetscape. However, the proposed balcony will impact significantly upon the adjacent church and burial ground. 2. The balcony by its very purpose will be very intrusive into the setting of the burial ground. 3. The Draft Design Guide must be taken into consideration.

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Richard Lewis to enable the Committee to consider the policy implications of the proposal fully, and if considered necessary to undertake a site visit.

The application seeks full planning permission to build a single storey extension, with balcony and roof extension above, on the western elevation of The Old School House. The property comprises of a detached dwelling situated in the Penmaen settlement which benefits from a large curtilage area with off-street parking and a large garden plot to the rear. The proposed extension will measure approximately 5.8 metres deep, 5.6 metres wide and 3.2 metres in height. The extension incorporates a terrace balcony with timber balustrade above and a roof extension which will measure approximately 1.8 metres deep and 6 metres wide with a pitched roof measuring 7.1 metres to the ridge from ground floor level. Other alterations include new windows and doors and a new porch roof on the new back door along the northern elevation. The proposed materials include natural stone rubble and white rendered walls, natural slate roofing with glazing, white u-PVC windows, a mixture of timber and u-PVC doors, and a set of colour coated metal patio doors.

The primary issues in the consideration of this application relate to the impact of the proposed development on the visual and residential amenities in respect of Policies EV1, EV26 and HC7 of the City and County of Swansea Unitary Development Plan, which was formally adopted in November 2008. The application is also considered with respect to the Council’s Supplementary Planning Guidance documents entitled ‘Gower AONB Design Guide’ and ‘A Design Guide for Householder Development’.

The proposed development will be built on the rear elevation of the dwelling and will be partially visible from the street scene. The proposal is modest in scale in relation to the existing dwelling and will benefit from sufficient amenity space following development. The design of the proposal is considered to be in keeping with the character and appearance of the existing dwelling, particularly given the proposed use of matching materials. In addition, the proposed development will be set back from the street and will not be highly visible from any public vantage points. Therefore it is considered that the proposed development will have no detrimental impact on the visual amenities of the street scene or the character and landscape of the Gower’s Area of Outstanding Natural Beauty.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 12 (CONT’D) APPLICATION NO. 2011/1563

The property shares its curtilage boundary with St. John’s the Baptist Church to the South and Hunter’s Lodge to the West. Given that the proposed extension is only 3.2 metres in height, comprising of a modest increase in the existing footprint of the dwelling, it is considered that the proposed development will bear no significant adverse effect on the amenity of any neighbouring occupants by virtue of overshadowing or any overbearing impact. The proposed terraced balcony above would give rise to additional overlooking, however it is considered that the distance and relationship of neighbours to the application site is sufficient to safeguard neighbouring amenity. The terraced balcony would be built directly on the common boundary of St. John’s the Baptist Church which is not considered to result in an unacceptable loss of privacy as the development will overlook onto non- residential land. With respect to the residential amenity of Hunter’s Lodge, the proposed balcony would be separated by a minimum of 25 metres away from the nearest opposing window of this neighbouring dwelling. Whilst it is acknowledged that the proposed development would be situated within 10 metres of the common boundary of Hunter’s Lodge, the application site is set at a lower level to the neighbouring occupant and the development would be situated next to the furthest point of amenity space within the curtilage of this neighbouring occupant which is not considered to be amenity space within primary use. Furthermore the site is screened by tall vegetation along the western boundary which will further reduce the potential for overlooking.

The proposed development does not raise any issues in respect of access and highway safety or impact upon parking amenities.

With respect to the objection letter provided from The Gower Society, it is considered that the issues raised have been addressed within the appraisal, which takes into account the design guide for the Gower’s Area of Outstanding Natural Beauty, and therefore no further consideration is needed.

In conclusion, it is considered that the proposal represents an acceptable form of development. The proposed development causes no detrimental impact to the privacy or residential amenity of any adjoining neighbour and bears no significant adverse effect upon the character and appearance of the existing property or the visual amenities of the street scene or the character and landscape of the Gower’s Area of Outstanding Natural Beauty. Therefore, the development complies with Policies EV1, EV26 and HC7 of the City and County of Swansea Unitary Development Plan and the Design Guide for the Gower AONB and Householder Development. Approval is therefore recommended.

RECOMMENDATION

APPROVE, subject to the following condition:

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 12 (CONT’D) APPLICATION NO. 2011/1563

INFORMATIVES

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

PLANS

1 site location plan, 2 block plan, 3 existing ground floor plan, 4 existing first floor and roof plans, 5 existing east and west elevations, 6 existing north and south elevations, 7 proposed ground floor plan, 8 proposed first floor and roof plans, 9 proposed east and west elevations, 10 proposed north and south elevations received 11th November 2011

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 13 APPLICATION NO. 2011/1568 WARD: Gower Area 2

Location: Land adjoining Byways Lunnon Swansea SA3 2EJ Proposal: Retention of agricultural hardstanding and open sheep pen, feeds and implement store Applicant: Mr P Williams

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 EC13 Development that would result in the loss of the best and most versatile agricultural land will not normally be permitted. (City & County of Swansea Unitary Development Plan 2008)

Policy EC14 Agricultural developments requiring planning permission or prior approval should give proper consideration to the protection of natural heritage and the historic environment and be sympathetically sited, designed and landscaped. (City & County of Swansea Unitary Development Plan 2008) AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 13 (CONT’D) APPLICATION NO. 2011/1568

SITE HISTORY

App No. Proposal 2010/1714 Retention of agricultural hardstanding and open sheep pen, feeds and implement store Decision: Refuse Decision Date: 31/01/2011

2002/0432 Detached dwelling house (Outline) Decision: Appeal Dismissed Decision Date: 19/12/2002

2007/1826 Demolition of existing bungalow and construction of detached dwelling, and extension of residential curtilage (outline) (Details of design, siting, external appearance and access) Decision: Refuse Decision Date: 07/10/2008

2007/1829 Demolition of existing bungalow and construction of 5 detached dwellings (outline) Decision: Refuse Decision Date: 06/11/2007

2010/1671 Retention of horticultural greenhouse Decision: Refuse Decision Date: 31/01/2011

2011/0571 Retention of horticultural greenhouse Decision: Refuse Decision Date: 13/06/2011

2011/0573 Retention of horticultural hardstanding Decision: Refuse Decision Date: 13/06/2011

78/0109/03 ALTERATIONS AND ADDITIONS TO DWELLING Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 27/04/1978

82/0807/03 EXTENSION TO BUNGALOW AND A CAR PORT Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 02/09/1982

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 13 (CONT’D) APPLICATION NO. 2011/1568

84/0352/03 ERECTION OF GARAGE IN LIEU OF CAR PORT. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 26/04/1984

RESPONSE TO CONSULTATIONS

The application was advertised via direct neighbour consultation and via a site notice. No letters of objection have been received and are summarised as follows:-.

Gower Society - OBJECT on the following grounds:

1. Byways is subject to an appeal for retention to PINS and we fail to understand the thinking behind this application. 2. There is no agricultural justification for this structure. We understand that there was never an agricultural need or intention behind either this or the other two unlawful structures constructed on this property. 3. The land ownership is very small and can not justify such a large ‘agricultural’ development in the AONB.

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Richard Lewis to enable Committee to consider the policy implications and if necessary to undertake a site visit.

Full planning permission is sought for the retention of an agricultural hardstanding and open sheep pen at land adjoining Byways, located directly opposite Little Lunnon Farm, Lunnon, Gower. The application site forms part of the landholding associated with the former detached bungalow of Byways.

This application has been submitted following the refusal of application 2010/1713, the dismissal of appeal reference APP/B6855/C/10/2137991 on the 14/12/2010 and the subsequent refusal of 2011/0573. In support of the current application the applicant has submitted information that details the use of the sheep pen by a local farmer who is renting the field.

The only difference between the previously refused application and the current application is the submission of information stating the hard standing and sheep pen is used by a local farmer. The agent also indicated that the structure would be screened by a landscaping scheme.

Issues

The principal considerations are the acceptability of the proposal in terms of adopted development plan policy and its impact on the character and appearance of this part of the Gower Area of Outstanding Natural Beauty and the village of Lunnon. The principal development plan policies against which the application needs to be considered are the City and County of Swansea Unitary Development Plan (November 2008) Policies EV1, EV2, EV21, EV22, EV26, EC13 and EC14. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 13 (CONT’D) APPLICATION NO. 2011/1568

Within AONBs, the primary objective of this designation is the preservation of the natural beauty of this area, whilst having regard to the social and economic well being of the area. The Council has a statutory duty to have regard to the AONB purposes (Countryside and Rights of Way Act 2000), and the landscape and scenic beauty must be afforded the highest status of protection from inappropriate developments. Great weight must therefore be given to conserving and enhancing the natural beauty, wildlife and cultural heritage of the AONB. In line with this guidance, the following policies of the extant Development Plan apply.

Within the Gower AONB, Policies EV22 and EV26 of the Swansea Unitary Development Plan (UDP) ensure that the primary objective of this designation is the protection and enhancement of the area’s natural beauty. This is supported by national planning policy guidance provided by Planning Policy Wales 2002 which recognises that AONBs, whilst small in area, are of such a fine landscape quality that they are on a par with National Parks and there is a national as well as a local interest in keeping them so. Furthermore UDP Policy EV21 restricts development in the open countryside except where it is essential for the rural economy, or it can be demonstrated to meet the social or economic needs of the local community. Policies EC14 and EV21 require acceptable development to be in keeping with landscape and character of the area and not include any new building development which would either individually or cumulatively significantly harm the landscape. In addition to this Policy EC13 restricts development which would result in the loss of the best and most versatile agricultural land. Policy EV1 seeks to ensure that proposed development accords with the objectives of good design and should be appropriate to its local context. Policy EV2 seeks to ensure that new development should give preference to the use of previously developed land over greenfield sites in order to ensure that proposals do not have a significant adverse impact on open spaces and landscapes.

Justification

Within the AONB the primary concern must be to preserve and enhance the intrinsic beauty of the countryside for its own sake and development will not be permitted in the open countryside except where essential for the rural economy, or in specific defined circumstances. Information has been submitted which claims that the site has had recent horticultural activity. However, no financial documentary evidence has been submitted in terms of the produce sold.

The applicant states that the agricultural hard standing and sheep pen is “being actively used as a feed and sheep pen enclosure by the tenant of the land adjoining Byways”.

Whilst the applicant states that the site is part of an agricultural business, a recent site visit confirmed that the site does not appear to have been used recently. Pictures attached to the application file demonstrate the lack of use of the site and suggest that there is no business taking place on the site. Previous site visits carried out by officers of this department over a period of the last few years do not substantiate any agricultural use being carried out on the site.

The hardstanding and sheep pen does not appear to relate to any agricultural premises and appears as an isolated structure in the open countryside. No overriding economic need has been identified and no financial records have been submitted in support of the information submitted. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 13 (CONT’D) APPLICATION NO. 2011/1568

Visual Amenity

In terms of its overall character and appearance, the settlement of Lunnon has changed significantly in recent years, but remains predominantly rural due to the dispersed form of development, and the close relationship with the adjoining countryside which wraps around the established buildings. Not only do these spaces act as important visual breaks in the overall form of the settlement but they represent an intrinsic part of the special character and form of this rural village.

The north west of the field abuts a small area of woodland (Willoxton Wood SAC) which provides some screening from this direction, but the proposed structure would be visible in the wider landscape from the public highway to the east and public vantage points to the south. The application site is characterised as a typical field within this part of the Gower AONB with a relatively flat topography and bounded by mature hedgerows around the periphery of the site.

The land presently forms part of field 5274 which is one of a patchwork of fields that wrap around the western limits of the village of Lunnon. In this case, the application site is located some 50m from the nearest residential property and incorporates part of a large field which clearly lies outside the existing built form of the village.

Farm buildings are normally expected to be grouped together, whilst not always possible, in this case the applicant does not own established farm buildings in the area. In addition, it is considered that the design and scale of the structure and the use of utilitarian materials for the walls of the structure are an unattractive feature in the AONB, the effect of which are not sufficiently mitigated by the adjoining trees and hedgerows. Furthermore, given that no overriding need or agricultural justification for the development has been given, it is considered that the development would neither preserve nor enhance the character and appearance of the AONB and the rural landscape.

Furthermore, despite the proposed lowering of the rear wall and landscaping scheme, it is considered that the development would neither preserve nor enhance the character and appearance of the AONB and the rural landscape.

Other considerations

The inspectors findings in the recent Appeal Ref:- APP/B6855/C/10/2137988 state that no evidence was submitted to confirm that the site of the appeal was on agricultural land of less than 5ha and used for the purpose of trade or business. He also opined that the utilitarian materials of the walls of the structure are an unattractive feature in the AONB, the effect of which are not sufficiently mitigated by the adjoining trees and hedgerows. No persuasive evidence was submitted to argue that even the hardstanding was required for the purposes of agriculture.

Conclusion

In conclusion, it is considered that the retention of the development results in a structure that has an unacceptable and intrusive impact on this rural location and seriously erodes a special and intrinsic part of the character and form of this landscape without any overriding need being demonstrated or agricultural justification. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 13 (CONT’D) APPLICATION NO. 2011/1568

Overall therefore, it is not considered that the proposal complies with the Policies EV1, EV2, EV21, EV22, EV26, EC13 and EC14 of the City and County of Swansea Unitary Development Plan (November 2008). Refusal is therefore recommended.

RECOMMENDATION

REFUSE for the following reason:

1 The development represents an unjustified form of development within the open countryside and Gower AONB for which no overriding economic or agricultural need has been demonstrated and by virtue of its scale and inappropriate design has a significantly harmful visual impact upon the character and appearance of the countryside and wider Gower AONB, contrary to Policies EV1, EV2, EV21, EV22, EV26, EC13 & EC14 of the City and County of Swansea Unitary Development Plan 2008.

INFORMATIVES

PLANS

Site location plan, block plan, GA/02 existing elevations, proposed elevations received 17th November 2011

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 14 APPLICATION NO. 2011/0103 WARD: Gower Area 2

Location: Hillend Farm Reynoldston Swansea SA3 1HN Proposal: Conversion of existing barn into holiday accommodation, addition of front porch and fenestration alterations Applicant: Mr & Mrs Bryan Thomas

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 EC12 The conversion of existing buildings in the countryside to new uses that contribute to the local economy and the extensions of such buildings will be permitted subject to a defined set of criteria including the building's structural integrity, its ability to be converted without prejudicing the character of the building or its locality, the building's compatibility with its surroundings, issues of access and highway safety, and the building's past uses etc. (City & County of Swansea Unitary Development Plan 2008)

Policy EC19 The creation of well-designed un-serviced tourist accommodation through the conversion of existing appropriate rural buildings will be supported. (City & County of Swansea Unitary Development Plan 2008)

ITEM 14 (CONT’D) APPLICATION NO. 2011/0103

SITE HISTORY

App No. Proposal 2009/0703 Restoration of existing farmhouse with associated increase in ridge height for new roof, construction of two storey rear extension and front porch, conversion of adjoining barn with increase in ridge height to provide additional living accommodation and conversion of second adjoining barn with increase in ridge height to provide single storey one bedroom holiday accommodation Decision: Grant Permission Conditional Decision Date: 28/06/2010

2007/2296 Conversion of barn into residential holiday accommodation Decision: Refuse Decision Date: 18/12/2007

2008/1195 Conversion of existing barn into a residential unit for holiday letting purposes Decision: Refuse Decision Date: 29/07/2008

2010/1547 Single storey and first floor rear extensions, conversion of barns to form extension to dwelling and creation of one holiday let Decision: Grant Permission Conditional Decision Date: 30/03/2011

2010/0799 Conversion of barn into residential accommodation with increase in ridge height and two storey rear extension Decision: Withdrawn Decision Date: 19/10/2010

2007/1413 Conversion of barn into residential dwelling with an increase in ridge height to a maximum of 6m Decision: Refuse Decision Date: 02/08/2007

RESPONSE TO CONSULTATIONS

The application was advertised on site. No response.

The Gower Society – Comments as follows:

1. We cannot determine whether or not the existing building is worthy of conversion. This is essential. An external inspection from the road leads us to think that it is in a very poor state and we question if it complies with the Conversion of Farm Buildings supplementary Planning Guidance – March 2011. We cannot condone a completer rebuild if the walls are demolished – we would object to such actions. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 14 (CONT’D) APPLICATION NO. 2011/0103

2. The building is small. We note that the frontal aspect will not retain its original openings – this and the horizontal aspect of one window does not seem to accord with the Draft Design Guide. 3. If allowed, the provision of barn housing is essential. We also ask that it should not be permitted to be allowed for full time residence nor be sold off as a separate unit.

Highways Observations - The application is to convert a barn into a residential holiday unit for holiday letting purposes. Whilst full-time residential use would require consideration of accessibility issues in accordance with Welsh Assembly guidance, I do not consider that the same applies for holiday use and therefore no accessibility criteria have been assessed. I recommend no highway objections subject to the provision of 1 car parking space within the curtilage of the site.

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Richard Lewis as the application is considered contentious and to consider the Policy implications of the proposal and to call a site visit if necessary.

Full planning permission is sought for the conversion of a barn into holiday let accommodation at Hillend Farm, Fairy Hill, Swansea. The barn is situated in open countryside in the field adjacent to a complex of disused farm buildings in an isolated location to the west of Reynoldston, surrounded by farmland.

Planning permission was refused for the conversion of barn into residential holiday accommodation on 18th December 2007 (2007/2296) and subsequently in July 2008 (2008/1195). However, the latter planning application was allowed at Appeal in December 2008 as the Inspector considered that “the building in its present dilapidated state with its peculiar roof structure detracts from the appearance of the area and the opportunity for enhancement outweighs any objection that there might be on the grounds of the extent of the works required.”

The main issues to be considered are whether the new proposal is in accord with prevailing policies of the Development Plan relating to the conversion of existing buildings and development within the open countryside, and tourism related development within the Gower Area of Outstanding Natural Beauty, having regard to the primary objectives which seek to protect the open countryside from inappropriate urban encroachment, and conserve the natural beauty of the AONB. Consideration will also be given to more recent National Guidance contained within Planning Policy Wales. There are in this case considered to be no additional overriding considerations arising from the provisions of the Human Rights Act.

Policy EC12 of the Unitary Development Plan 2008 allows the conversion of buildings for uses that contribute to the local economy, provided that the building is of a substantial nature, largely intact, has a form, bulk and design in keeping with its surroundings and is capable of conversion without prejudicing its original character, and that the development, would not have an unacceptable adverse effect on the character of the countryside. Policy EC19 favours the creation of holiday cottages through the conversion of existing appropriate rural buildings. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 14 (CONT’D) APPLICATION NO. 2011/0103

Policy EC17 allows for appropriate tourism developments which are in keeping with the surrounding area, would not have an adverse effect on landscape or conservation interests, provide a safe access and not create a harmful level of visitor pressure at sensitive locations and would not lead to the loss of the best and most versatile agricultural land.

Policy EC22 states that the countryside should be protected for its own sake and Policy EV26 stresses that within the Gower AONB, the primary objective is the conservation and enhancement of the area’s natural beauty and that development that would have a material adverse effect on the natural beauty, wildlife and cultural heritage of the AONB will not be permitted. Developments should of appropriately high standard and where possible enhance existing features of natural heritage and historic environment.

A visual inspection of the building on site indicates that the barn is in a poor condition. However, a Structural Inspection and Report has been submitted in support of this current application which concludes that the ‘barns condition is capable of being developed into accommodation by using the existing structure’. The report does conclude that an entire new roof structure would need to be built. This report is similar to that submitted with the previous application but has been recently updated in July this year where it was confirmed that the condition of the building had not substantially deteriorated further. The Appeal Inspector did recognise that the report was lacking in detail and that the roof would need to be replaced but considered that “the remainder of the basic structure is of substantial and traditional construction and appearance and is largely intact.” It is considered therefore that as there have been no major changes in the condition of the building from that previously considered, the conversion would comply with the requirements of Policy EC12.

The conversion shows the re-use of existing openings but also the addition of three new openings on the southern elevation and one at ground floor on the eastern gable end. A porch will also be constructed on the northern elevation. Although there are several new openings, their scale and design does reflect those of a traditional building and do not detract from the buildings original character and appearance.

Turning to issues of highway safety, the Head of Transportation and Engineering raises no highway objection to the proposed development subject to the provision of 1 car parking space within the curtilage of the site. There is sufficient room along the eastern side of the barn to allow for this parking area.

The comments from The Gower Society are noted and the contents of their letter have been addressed above in the main body of the report.

In conclusion, and on balance, the proposal for the conversion of the existing barn to holiday let accommodation is considered to meet all of the requirements of Policies EV1, EV22, EV26, EC12, EC17 and Ec19 of the Unitary Development Plan 2008 and approval is recommended.

RECOMMENDATION

APPROVE, subject to the following conditions: AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 14 (CONT’D) APPLICATION NO. 2011/0103

2 Samples of all external finishes, including windows and doors, shall be submitted to and approved by the Local Planning Authority in writing before the development is commenced. The scheme shall be implemented in accordance with the approved details. Reason: In the interests of visual amenity.

3 No development shall take place until there has been submitted to and approved by the local planning authority a scheme of hard and soft landscaping, including boundary treatment and arrangements for the parking of a motor vehicle. The scheme shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development. The development shall not be occupied until the hard landscaping details have been carried out in accordance with the approved scheme. Reason: In the interests of visual amenity and general amenity.

4 This permission is for the conversion of the existing barn only and demolition of any part of the barn, other than any demolition work that is approved under the terms of this permission, is expressly prohibited. Reason: The proposal is only acceptable on the basis that the existing building is retained and converted to the use applied for.

5 The applicant shall submit a complete photographic record of the barn(s) to the Local Planning Authority both prior to the commencement of work and upon completion of the conversion hereby approved. Reason: To provide an accurate record of the original building and the completed development.

6 The owner shall ensure that an up to date register containing details of all occupiers of the converted barn together with the dates of occupancy and details of the occupiers' main home address, is maintained and submitted to the Local Planning Authority on an annual basis (the register for each calendar year shall be submitted by the 31st January in the following year unless otherwise agreed by the Local Planning Authority), and shall also be made available at all reasonable times for inspection by the Local Planning Authority. Reason: To ensure that the holiday accommodation is not used for unauthorised permanent residential accommodation.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 14 (CONT’D) APPLICATION NO. 2011/0103

7 No site works shall be undertaken until the implementation of an appropriate programme of building recording and analysis has been agreed with the local planning authority to be carried out by a specialist acceptable to the local planning authority and in accordance with an agreed written brief and specification. Reason: As the building is of architectural and cultural significance the specified records are required to mitigate impact.

8 The barn shall be used for holiday accommodation only and shall not be occupied by any person or persons as their main or sole place of residence. Reason: The site is only suitable for holiday use and is unsuitable for permanent residential use.

9 Notwithstanding the details on the submitted plans, details of the quoins to be inserted around the new windows shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of works. Reason: In the interests of visual amenity

10 No development shall take place until a detailed method statement showing all the works proposed to convert the building to holiday accommodation, and incorporating details of all new materials to be used in the external elevations of the building, has been submitted to and approved by the Local Planning Authority. The conversion shall be carried out wholly in accordance with the approved method statement. Reason: To ensure a satisfactory form of development.

11 No development shall take place until an appropriate programme of building recording and analysis, including a timetable for implementation, has been submitted to and approved by the local planning authority. The building recording and analysis shall be carried out in accordance with the approved details. Reason: To ensure a satisfactory form of development

12 All planting, seeding and turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation. 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 2 DEVELOPMENT CONTROL COMMITTEE – 20TH DECEMBER 2011

ITEM 14 (CONT’D) APPLICATION NO. 2011/0103

13 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order), no development within Part 1 of Schedule 2 shall be carried out without the prior permission of the local planning authority. 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.

INFORMATIVES

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

PLANS

040-10A/PL03 site location and block plans, 040/10A existing elevations and floor plan, 040-10-S02 existing floor plan, 040-10-S01elevations bat survey and structural inspection report received 8th August 2011. Amended plans 040-10A/PL01 proposed floor plans, 040-10A/PL02B proposed elevations and section showing existing openings, received 25th November 2011

AREA 2 DEVELOPMENT CONTROL COMMITTEE (37)

Councillors

Swansea Administration Councillors: A Mike Day Paul M Meara E Wendy Fitzgerald W Keith Morgan Nicola A Holley John Newbury Jeff W Jones Cheryl L Philpott Mary H Jones Darren Price Susan M Jones T Huw Rees James B Kelleher R June Stanton Richard D Lewis Nick J Tregoning Keith E Marsh Vice Chair D Paul Tucker Chair

Labour Councillors: Nicholas S Bradley Robert J ( Bob) Lloyd June E Burtonshaw Penny M Matthews Mark C Child Byron G Owen William Evans Grenville Phillips Labour Vacancy J Christine Richards David I E Jones Ceinwen Thomas Erika T Kirchner Des W W Thomas

Conservative Councillors: Anthony C S Colburn C Miles R W D Thomas Margaret Smith

Communities of Swansea Councillor: Mair E Gibbs Glyn Seabourne

Copies Needed - 95