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 25th August 2009

Time: 2.00p.m. Members are asked to contact John Lock (Applications Manager) on 635731 or Ryan Thomas (Area Team Leader) on 635733 should they wish to have submitted plans and other images of any of the applications on this agenda to be available for display at the Committee meeting.

AGENDA

1. Apologies for Absence.

2. Declaration of Interest

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

3. Minutes of the meeting of the Area 2 Development Control Committees held on 4th and 11th August 2009.

FOR DECISION

4. Town and Country Planning - Planning Applications.

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

David M. Daycock Head of Legal & Democratic Services 19th August 2009 Contact: Gareth Borsden 01792 636824

ACCESS TO INFORMATION LOCAL GOVERNMENT ACT 1972 (SECTION 100) (AS AMENDED) (NOTE: The documents and files used in the preparation of this Schedule of Planning Applications are identified in the ‘Background Information’ Section of each report. The Application files will be available in the committee room for half an hour before the start of the meeting, to enable Members to inspect the contents). Item No. 2

Disclosures of Personal Interest from Members

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

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

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

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

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

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

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

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

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

CITY AND COUNTY OF SWANSEA

MINUTES OF THE AREA 2 DEVELOPMENT CONTROL COMMITTEE

HELD ON TUESDAY 4TH AUGUST 2009 AT THE CIVIC CENTRE, SWANSEA AT 2.00 P.M.

PRESENT: Councillor R D Lewis (Chairman) presided

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

J E Burtonshaw D I E Jones C L Philpott A C S Colburn M H Jones D Phillips W Evans S M Jones D Price E W Fitzgerald K E Marsh P B Smith P A Hood-Williams P M Matthews R J Stanton D H James P M Meara D P Tucker W E A James J T Miles S M Waller-Thomas

155. APOLOGIES

Apologies for absence were received from Councillors A M Day, J W Jones, A Jopling, R H Kinzett, J C Richards, M Smith and N J Tregonning.

156. DECLARATIONS OF INTEREST

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

Councillor P A Hood-Williams - Item 20 (Application No. 2009/0805) - personal - acquainted with the applicant.

Councillor R D Lewis - Items 22 and 23 (Application Nos. 2009/0918 and 2009/0951) - personal - vacated the Chair and left during discussion.

Councillor D Tucker - Item ENF08/0010 - Enforcement Report - personal and left during discussion.

Minutes of the Area 2 Development Control Committee (04.08.09) Cont’d

157. MINUTES

RESOLVED that the Minutes of the Meeting of the Area 2 Development Control Committee held on 14th July 2009 were agreed as a correct record.

158. ITEMS FOR DEFERRAL/WITHDRAWAL

RESOLVED that the undermentioned planning applications BE DEFERRED for the reasons outlined:

(Item 2) Application No. 2008/0447

Detached dwelling (outline) at land adjacent to Underhill Cottage, Horton, Swansea.

Reason

To allow further consideration of Officers following submission of full details.

159. ITEMS DEFERRED FOR SITE VISITS

RESOLVED that the undermentioned planning applications BE DEFERRED FOR SITE VISITS for the reasons outlined:

(Item 9) Application No. 2008/0211

Use of land for the siting of 15 touring caravan units at Lagadranta Farm, Swansea.

Reasons

To assess the impact upon the area.

(Item 10) Application No. 2008/0211

Detached dwelling at The Spinney, Caswell Road, Caswell, Swansea.

Reasons

To assess highway safety.

Minutes of the Area 2 Development Control Committee (04.08.09) Cont’d

(Item 11) Application No. 2008/2276

One detached dwelling at land adjoining 11 and 14 Westcliff, Pennard, Swansea.

Reasons

To assess impact upon the area in light of previous decisions.

(Item 12) Application No. 2009/0254

Construction of a detached dwelling house with associated parking at Langland Bay Manor, Langland Bay Road, Langland, Swansea.

Reason

To assess impact upon the conservation area.

(Item 17) Application No. 2009/0711

First floor side extension at Vernal Uchaf Farm, Waun Road, Loughor, Swansea.

Reason

To assess the visual impact of the extension.

(Item 21) Application No. 2009/0820

Retention and completion of conversion of barns to form two annexes for holiday let and timber shed at Barns adjacent to The Old Rectory, Llanmadoc, Swansea.

Reason

To assess the condition of the barns.

(Item 23) Application No. 2008/0951

Replacement building to provide cellar, ground floor workshop/store and reception area with first floor self contained apartment at Bank Farm, Horton, Gower.

Minutes of the Area 2 Development Control Committee (04.08.09) Cont’d

Reason

To assess impact upon the area.

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

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

RESOLVED that:

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

(Item 4) Application No. 2009/0861

Use of land for a church youth camp to include six marquees, six tents, five caravans, one portacabin and two portaloos from 18th July to 10th August 2009 inclusive at Field 4682 Barraston Hall Farm, Llangennith, Swansea.

(Item 5) Application No. 2009/0916

Use of land for caravan rally for a maximum of 40 units from 1st to 3rd October 2010 (inclusive) at Field 6729 Rosedale, Llanrhidian, Swansea.

(Item 6) Application No. 2009/0919

Use of land for a caravan rally for a maximum of 40 units from 12th to 14th August 2010 (inclusive) at Field 6729 Rosedale, Llanrhidian, Swansea.

(Item 7) Application No. 2009/0921

Use of land for a caravan rally for a maximum of 60 units from 17th to 19th September 2010 (inclusive) at Field 9555 Fairwood Corner Farm, Fairwood, Swansea.

Minutes of the Area 2 Development Control Committee (04.08.09) Cont’d

(Item 8) Application No. 2009/0923

Use of land for camping and caravan rally for the maximum of 50 units from 25th to 27th June 2010 (inclusive) at Field 8753 Weobley Castle Farm, Llanrhidian, Gower.

(Item 13) Application No. 2009/0517

Single storey extension and timber cladding to pottery studio, replacement roof and timber cladding to existing single storey side/rear element of studio and two new chimneys at Bridge Pottery, Cheriton, Gower, Swansea.

(Item 14) Application No. 2009/0565

First floor rear extension with one side dormer at Moormills, Cilibion, Swansea.

(Item 15) Application No. 2009.0609

First floor rear extension at Gelli Deg, Penmaen, Swansea.

(Item 18) Application No. 2009/0716

Single storey side extension at Picnic Cottage, Middleton, Rhossili, Gower, Swansea.

# (Item 19) Application No. 2009/0731

Two storey front extension, two storey front entrance extension, two storey front/side extension, two storey side extension and revised parking layout at Ashgrove House, 344-346 Swansea Road, Waunarlwydd, Swansea.

(NOTE: Amend Condition 4 - “Therefore” should read “Thereafter”).

(Item 20) Application No. 2009/0805

Conversion of two existing barns (one part only) into living accommodation linked by a two storey extension and increase in ridge height to provide first floor living accommodation at Green Meadow Farm, Oxwich Green, Swansea.

Minutes of the Area 2 Development Control Committee (04.08.09) Cont’d

(Item 22) Application No. 2009/0918

Use of land for a caravan rally for a maximum of 60 units from 28th May to 6th June 2010 (inclusive) at Field 0818 Bank Farm, Horton, Swansea.

(2) the undermentioned planning applications BE REFERRED to CADW with a recommendation of approval subject to the conditions in the report and/or indicated below (#):

# (Item 11) Application No. 2009/0706

Replacement porch on western elevation and variation of condition 11 of planning permission 2008/0995 granted on 17th December 2008 to allow for slimlite double glazed windows (application for Listed Building Consent) at Penmaen Farmhouse and Jasmine Cottage, Penmaen, Swansea.

Amend Description as follows

“…planning permission 2008/0995…” should read “…Listed Building Consent 2008/0995…”.

Amend Condition 3 as follows

“…details of new door joinery and fascia on the porch…”.

Additional Condition

04. The lime wash finish for the porch hereby approved shall match that of the main dwelling as approved under the provisions of Listed Building Consent Ref: 2008/0995.

Reason

To protect the character, appearance and integrity of the Listed Building.

Minutes of the Area 2 Development Control Committee (04.08.09) Cont’d

Additional Condition

05. The glazing units shall comprise of slimlite double glazed windows or single glazed units only and shall only be inserted in the replacement windows previously approved under the provisions of Listed Building Consent Ref. 2008/0995.

Reason

For the avoidance of doubt and to protect the character, appearance and integrity of the Listed Building.

(3) the undermentioned planning applications BE REFUSED subject to the reasons in the report and/or indicated below (#):

(Item 1) Application No. 2009/0306

Two storey side extension, rear conservatory and detached garage at 26 Chapel Road, Crofty, Swansea.

(Item 3) Application No. 2009/0810

Construction of a hay barn (application for the Prior Approval of Agricultural Development) at Field 3817 Lethrid, Gower.

161. EXCLUSION OF THE PUBLIC

The Committee was requested to exclude the public from the meeting during consideration of the following item on the grounds that it 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 (the Monitoring Officer) had determined in preparing this report that paragraph 18 should apply.

His view on the Public Interest Test is in relation to paragraph 18 that the Authority’s statutory powers could be rendered ineffective or less effective where there is to be advanced knowledge of its intention/the exercise of the Council’s statutory power could prejudice by public discussion or speculation on the matter to the detriment of the Authority and the inhabitation of its area. On that basis he felt that the public interest in maintaining the exemption outweighed the public

Minutes of the Area 2 Development Control Committee (04.08.09) Cont’d

interest in disclosing the information. Members were asked to consider these 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 as applied by the Proper Officer (Monitoring Officer) resolved that the public interest in maintaining the exemption outweighs the public interest in disclosing the information and RESOLVED to exclude the public.

(CLOSED SESSION)

162. ENFORCEMENT PROGRESS REPORT

The report submitted informed the Committee of the current position in relation to all outstanding enforcement action authorised within the Area 1 Development Control Committee area.

The meeting ended at 3.07 p.m.

CHAIRMAN

S: Area 2 Development Control Committee - 4 August 2009 (GB/HCR) 5th August 2009

CITY AND COUNTY OF SWANSEA

MINUTES OF THE AREA 2 DEVELOPMENT CONTROL COMMITTEE SITE VISITS

HELD ON SITE ON TUESDAY 11TH AUGUST 2009 AT 1.00PM

PRESENT: Councillor R D Lewis( Chairman) presided

Councillor(s): Councillor(s): Councillor(s): A C S Colburn K E Marsh S Waller – Thomas a and b only W Evans M Smith – c only E W Fitzgerald D P Tucker

1. APOLOGIES

Apologies for absence were received from Councillors A M Day, J W Jones, M H Jones, S M Jones, E T Kirchner, P M Meara, J Newbury, J C Richards, P B Smith and N J Tregoning.

2. DECLARATIONS OF INTEREST

In accordance with the Code of Conduct adopted by the City and County of Swansea, the following interest was declared:

Councillor R D Lewis – Item d - Planning Application No.2008/0951 – Bank Farm, Horton, Gower, .Replacement building to provide cellar, ground floor workshop/store and reception area with first floor self contained apartment. – The applicant is known to Councillor R D Lewis – personal..

3. TOWN AND COUNTRY PLANNING SITE VISITS

Following deferment for site visits at the meeting of the Area 2 Development Control Committees held on Tuesday 4th August 2009, Members visited the undermentioned sites prior to their determination at the Committee scheduled for Tuesday 25th August 2009:

a) Planning Application No.2009/0254 - Langland Bay Manor, Langland Bay Road, Langland, Swansea, SA3 4QH.Construction of a detached dwelling house with associated parking. b) Planning Application No.2008/0953 - The Spinney, Caswell Road, Caswell, Swansea, SA3 4RT. Detached dwelling.

c) Planning Application No.2008/2276 - Land adjoining 11 and 14 Westcliff, Pennard, Swansea, SA3 2AN. One detached dwelling. d) Planning Application No.2008/0951 - Bank Farm, Horton, Gower, SA3 1LL.Replacement building to provide cellar, ground floor workshop/store and reception area with first floor self contained apartment.

Councillor D P Tucker (vice chair) presided for this item. Councillor R D Lewis was not present. e) Planning Application No.2009/0820 - Barns adjacent to The Old Rectory, Llanmadoc, Swansea, SA3 1DE. Retention and completion of conversion of barns to form two annexes for holiday let and timber shed. f) Planning Application No. 2008/0211 - Lagadranta Farm, Swansea, SA3 1DE.Use of land for the siting of 15 touring caravan units g) Planning Application No. 2008/0711 - Vernal Uchaf Farm, Waun Road, Loughor, Swansea, SA4 6UD. First floor side extension.

The meeting ended at 6.05 pm.

CHAIRMAN CITY AND COUNTY OF SWANSEA 1. BISHOPSTON DINAS A SIR ABERTAWE 5. COCKETT 7. DUVANT Report of the Head of Planning Services to the 8. FAIRWOOD Chairman and Members of the Area 2 9. GORSEINON Development Control Committee 10. GOWER 11. GOWERTON 12. KILLAY NORTH DATE: 25TH AUGUST 2009 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

Bryan Graham B.A. (HONS); Dip. T.P.; M.R.T.P.I. Head of Planning Services CONTENTS

ITEM APP. NO. SITE LOCATION OFFICER REC.

1 2008/0211 Lagadranta Farm, Swansea, SA3 1DE REFUSE Use of land for the siting of 15 touring caravan units

2 2009/0820 Barns adjacent to The Old Rectory, Llanmadoc, APPROVE Swansea, SA3 1DE Retention, conversion and alterations to outbuildings to form two annexes for holiday let.

3 2009/0711 Vernal Uchaf Farm, Waun Road, Loughor, Swansea, REFUSE SA4 6UD First floor side extension

4 2008/2276 Land adjoining 11 and 14 Westcliff, Pennard, Swansea, APPROVE SA3 2AN One detached dwelling

5 2008/0953 The Spinney, Caswell Road, Caswell, Swansea, SA3 REFUSE 4RT Detached dwelling

6 2009/0254 Langland Bay Manor, Langland Bay Road, Langland, APPROVE Swansea, SA3 4QH Construction of a detached dwelling house with associated parking

7 2009/0699 Land at Foresters House/Penbwl Woods, Old APPROVE Llangyfelach Road, Penllergaer Swansea New access road and foul water pipeline

8 2009/0383 Land east of Foresters House, Old Llangyfelach Road, APPROVE Penllergaer, Swansea Construction of 8 detached dwellings (details of siting, design, external appearance, access, landscaping and parking pursuant to conditions 1, 5, 7 and 9 of planning permission 2005/2125 granted on 21st March 2006)

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM APP. NO. SITE LOCATION OFFICER REC.

9 2009/0357 Headlands, Llangennith, Swansea, SA3 1JE APPROVE Two storey side extension, first floor rear extension, conversion of existing carport to garage and detached garage

10 2009/0875 66 Higher Lane Langland Swansea SA3 4PD APPROVE Detached dwelling (details of the siting, design, external appearance and landscaping pursuant to outline planning permission 2007/1791 granted on 15th October, 2007)

11 2008/2221 Land adjacent to 12 Whitestone Road, Bishopston, APPROVE Swansea, SA3 3DB Dormer bungalow with detached garage

12 2009/0961 Gower Cottage, Reynoldston, Swansea, SA3 1AD APPROVE Single storey rear extension

13 2009/0555 Rock Cottage, Horton, Swansea, SA3 1LQ APPROVE Construction and completion of detached double garage

14 2009/0927 Fields 8254 & 9555, Fairwood Corner Farm Fairwood APPROVE Swansea Use of land for a caravan rally for a maximum of 120 units from 30th April to 3rd May 2010 (inclusive)

15 2008/0951 Bank Farm, Horton, Gower, SA3 1LL REFUSE Replacement building to provide cellar, ground floor workshop/store and reception area with first floor self contained apartment

16 2009/1037 Field 0005 Bank Farm Horton Swansea SA3 1LL APPROVE Use of land for a caravan rally for a maximum of 30 units from 21st to 23rd March 2010 (inclusive)

17 2009/0953 Field 0005 Bank Farm Horton Swansea SA3 1LL REFUSE Use of land for a caravan rally for a maximum of 30 units from 5th to 23rd August 2010 (inclusive)

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM APP. NO. SITE LOCATION OFFICER REC.

18 2007/2379 Land at 246 and 264 Derwen Fawr Road Sketty APPROVE Swansea SA2 8EJ Residential development (outline)

19 A00/0350 Part of field 4156, Penybanc Farm, Fairwood, Swansea APPROVE Retention of caravan for residential purposes

20 2005/1824 Pen y Banc Farm, Fairwood Common, Fairwood, REFUSE Swansea Detached bungalow

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 1 APPLICATION NO. 2008/0211 WARD: Area 2 Gower

Location: Lagadranta Farm, Swansea, SA3 1DE Proposal: Use of land for the siting of 15 touring caravan units Applicant: Mr A C Price

BACKGROUND INFORMATION

This application was DEFERRED FOR A SITE VISIT at the Area 2 Development Control Committee on 4th August 2009 to assess the impact upon the area. My report has been amended to include a further letter of objection received and a further supporting statement from the applicant’s agent. For clarification of a point raised at the site visit, the agent has confirmed in writing that the application is for full touring caravans not static tourers. My recommendation of refusal remains unchanged.

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).

Policy EC21 Improvements to the environmental quality, conditions and facilities will be encouraged within existing camping, touring unit and static caravan sites and small increases in the number of pitches maybe permitted where justified by environmental improvements and where the overalls scale would not be increased. Change to the type of accommodation will only be permitted where there is no adverse impact on the landscape, would bring about environmental improvements and not require extensive additional infrastructure, nor cause harm to the natural heritage. (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)

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) AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/0211

SITE HISTORY

App No. Proposal 75/0093/01 HOLIDAY BUNGALOW/CHALET/DEVELOPMENT FOR SUMMER SEASON Decision: *HRP - REFUSE PERMISSION Decision Date: 31/07/1975

96/1207 USE OF LAND FOR THE SITING OF 25 TOURING CARAVANS Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 11/02/1997

2003/2332 Use of land for the siting of 25 touring caravans from 2nd March to 2nd January the following year (variation of condition 02 of planning permission 96/1207 granted on 11th February 1997) and 5 touring caravans repectively for 10 months from 2nd March each year to 2nd January the following year Decision: Grant Permission Conditional Decision Date: 13/07/2004

82/0589/03 TEMPORARY SITING OF 5 CARAVANS FOR 28 DAYS Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 29/07/1982

97/1380 USE OF LAND FOR THE SITING OF 5 TOURING CARAVANS FROM GOOD FRIDAY OR 1ST APRIL (WHICHEVER IS EARLIER) TO 31ST OCTOBER DURING THE 1998 AND 1999 SEASONS Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 07/11/1997

99/1625 USE OF LAND FOR THE SITING OF 5 TOURING CARAVANS FROM GOOD FRIDAY OR 1ST APRIL (WHICHEVER IS EARLIER) TO 31ST OCTOBER DURING THE 2000 AND 2001 SEASONS Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 14/01/2000

2001/1684 Renewal of Planning Permission for the use of land for the siting of 5 touring caravans from Good Friday or 1st April (whichever is earlier) to 31st October during the 2002 and 2003 seasons Decision: Grant Permission Conditional Decision Date: 26/11/2001

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/0211

96/1192 ERECTION OF A STEEL FRAMED AGRICULTURAL BUILDING FOR STORAGE OF FARM IMPLEMENTS AND CROPS (APPLICATION FOR THE PRIOR APPROVAL OF THE LOCAL PLANNING AUTHORITY) Decision: *HPAR - PRIOR APPROVAL REQUIRED Decision Date: 14/02/1997

99/0763 ERECTION OF SINGLE STOREY SITE OFFICE(AMENDED AND ADDITIONAL PLANS RECEIVED) Decision: Withdraw Decision Date: 12/06/2000

84/0523/03 USE OF LAND FOR CAMPING AND CARAVANNING. Decision: *HRP - REFUSE PERMISSION Decision Date: 28/06/1984

97/1249 Use of land for outdoor sports/recreations (Class D2) in association with existing static caravan site Decision: Appeal Dismissed Decision Date: 20/07/1998

97/0506 EXTENSION TO CARAVAN PARK AND ENVIRONMENTAL IMPROVEMENTS Decision: Withdraw Decision Date: 12/08/1997

83/1270/07 ESTABLISHED USE CERTIFICATE FOR THE SITING OF DORMER VANS WITH TENTS Decision: *HUE - USE ESTABLISHED Decision Date: 29/03/1984

81/0452/03 5 DAY CARAVAN MEET 22ND - 26TH MAY 1981 (APPROX 25 CARAVANS) Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 12/05/1981

80/1080/03 SITING OF 3 CARAVANS FOR 28 DAYS Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 23/09/1980

81/0784/03 3 TOURING CARAVANS FOR 28 FAY PERIOD Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 25/06/1981

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/0211

80/0361/03 RALLY OF NOT MORE THAN 20 UNITS ON WEEKEND 8TH - 10TH AUGUST 1980 Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 08/05/1980

78/1227/11 CHANGE OF USE OF EXISTING BUILDING TO CLUB HOUSE FACILITIES Decision: *HRP - REFUSE PERMISSION Decision Date: 26/04/1979

80/0230/03 SITING OF TOURING CARAVANS (APPOX 20) Decision: *HRP - REFUSE PERMISSION Decision Date: 24/04/1980

80/1053/03 CARAVAN RALLY - JULY 26TH TO AUG 9TH 1980 Decision: *HRP - REFUSE PERMISSION Decision Date: 31/07/1980

80/1770/03 WEEKEND CAMPING AND CARAVAN RALLY ON AUGUST 7TH-9TH 1981 FOR 25 UNITS Decision: *HRP - REFUSE PERMISSION Decision Date: 29/01/1981

79/1352/01 (SITE B) CLUB HOUSE Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 20/12/1979

77/1535/01 CLUB AND BAR FOR USE DURING PERIOD OF USE OF CARAVAN PARK Decision: *HRP - REFUSE PERMISSION Decision Date: 09/05/1978

RESPONSE TO CONSULTATIONS

ORIGINAL SCHEME (for the siting of 30 caravans)

Application advertised on site and in the local press as a departure to the development plan. TEN LETTERS OF OBJECTION have been received, which are summarised as follows:

1. I consider the existing caravan sites at Whitford and Broughton already disfigure much of this beautiful coastline and strongly object to an increase in the permanent positioning of caravans. 2. There is a need for more opportunities for people to enjoy overnight stays in the area about this should not be permitted if it causes detriment to the very area that people have come to enjoy. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/0211

3. It causes visual intrusion, undermines the rural character of the AONB and adds further pressure on the infrastructure of this small community. 4. A number of caravans have already been parked on the site prior to any permission being granted. 5. The Gower roads are badly congested and the main contributor is caravans. 6. There has been a rise in the number of tented campers using the site and the noise level caused is becoming unacceptable and causes a nuisance. 7. The field is used by a wide variety of fauna including Barn Owls. 8. The dunes have receded about 100 ft since 1978 and the numbers of visitors have contributed to this erosion. 9. Campsite users are increasingly driving their cars onto the beach via Lagadranta Farm and parking them, which is not acceptable. 10. The sewage system was never designed to accommodate the level of use which it is now being exposed to. 11. The proposals for further vans must be rejected solely from a highways point of view as the increase to 60 touring vans will have a very marked affect due to congestion on the single track road. 12. The congestion puts severe pressure on visitors, locals and most important of all emergency services. 13. The Council must balance the rights of neighbours to quiet enjoyment of their property. 14. Caravans are encroaching all the rural green areas. 15. Touring caravans become static touring caravans that stay on site all year. 16. The site for many years was used for disposal and burning of refuse from the campsite and could be contaminated. 17. The facilities at the site are inadequate to take further caravans. 18. The visual impact the site will have in the AONB. 19. The filed in question is a largely unimproved pasture/meadow which is scarce on Gower. 20. There is a large population of Royal Ferns, Osmunda Regalis growing amongst the alder and willow scrub, ditches and banks, and also supports breeding lapwings. 21. There are already an excess of static and touring vans in this area.

The Gower Society – Object:

1. We cannot condone the increase in land available for caravans on this site, especially the loss of agricultural land. 2. We can see from the aerial surveys which we have carried out that the existing caravan site is used for 35 static tourers that do not move a wheel from one year to another. 3. There is no proven need for additional vans; that this site, if permitted, would accommodate static tourers as in the adjacent fields. 4. There are strong grounds for objections to this application from an access point of view. 5. Allowing a further development on this site would set an undesirable precedent for the AONB.

Llangennith, Llanmadoc and Cheriton Community Council – Objects:

1. Hills from which the access leads is a very narrow lane which is already overloaded by virtue of the other campsites farther down the road. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/0211

2. The proposed site is an extension into open country and therefore contrary to the structure plan. 3. The infrastructure, especially the sewage system which is already overloaded in the summer months, would be further stretched.

Edwina Hart MP – “I do not believe that there is any necessity for further caravans to be accommodated at the above site. Generally caravans do not enhance the AONB and they tend to adversely affect the amenities of residents and users of the AONB. A further objection is to the need to extinguish Bridleway 12 if the additional caravans are approved.

I have received a number of representations from constituents re: the above application.

While there are a number of reasons fro objecting I am particularly concerned about the Highways implications. As the site is for touring caravans there is always a number of vehicles turning up at the site without pre-booking and this generates a considerable amount of traffic. The single track road used to access the site is currently unsuitable for the existing amount of traffic and will be worse if the application is granted.

A number of local residents find themselves unable to access their own properties conveniently and safely to caravans negotiating this road and further traffic would make this situation impossible for many. I would therefore like to record my objection to this application.”

Highway Observations – The traffic associated with tented use is likely to be of a different nature to that proposed for touring caravan use. Whilst patterns of movement are likely to be similar, the touring use will involve larger vehicles and towed vehicles and therefore can present different problems in terms of conflict due to poor manoeuvrability.

The removal of a field for tented use is therefore unlikely to have any positive affect on the concerns with the current proposal.

AMENDED SCHEME (where the number of caravans is reduced to 15)

Application advertised on site and ten individuals were consulted. EIGHT LETTERS OF OBJECTION were received, re-iterating previous comments made and also making additional points summarised below:

1. Should this application be successful it would be in direct contradiction to government policy. 2. A successful application will have the effect of devaluing the market value of my property. 3. It is a red herring to remove 50 camping pitches – it appears there has never been numbers control. 4. The lane would have to be widened for the emergency services and is this in the interest of the local people or the tourist trade?

Pennard Community Council – Objects:

We have received the revised plans which lower the number of caravans proposed. However, we do not believe that this negates our objections on the grounds of access on a narrow land and sewerage matters. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/0211

The Gower Society – Objects:

1. We note the reduction on new caravan numbers to 15, and the applicants offer to reduce camping on its fields if this is allowed. 2. Regular aerial surveys of this site show repeated irregularities i.e. • 36 touring vans and 10 camper vans in August 2008. • 16 touring vans on pitches and 18 stored on the farm making a total of 34. • The site is licensed for 30 touring vans only. • The reduction of 50 tenting pitches will hardly make any impact because the site would not in our opinion support the licensed 275 (when nearly all campers have larger tents and appear with cars). See August 2008 aerial survey when there were 131 tents and a similar number of cars. 3. It is accepted that the proposal will no0t be visually intrusive, but if the site is to be a true touring van site, rather than a static seasonal site like it is already, the vehicle and caravan movements on the approach roads would be unacceptable. 4. Work on making access roads adjacent to the nature reserve has already been carried out without planning permission. 5. There is a proven need for true touring pitches and tent pitches within the AONB. This application does not help in any way. 6. The UDP specifically excludes new sites and extensions without proven need in the AONB. There is no such justification for this site.

Our Society continues to strongly object to this application and asks that the above points be taken into consideration. If you are minded to allow the development, a clause preventing the occupation of a pitch for more than 28 days should be included, as well as insistence on the removal of vans from the site during the October to Easter winter period i.e. as per the Caravan Club rules.

Edwina Hart MP – “Following further consideration of the matter in light of the additional information, Mrs. Hart would like you to note that she still has concerns, particularly in relation to problems of access. She would also re-iterate the earlier concerns about the effect on the AONB.”

Highways Observations - This proposal is to increase the provision of touring caravans on the site by an additional 15 pitches. Consent has been granted previously elsewhere on the site for up to 30 pitches and the site licence allows for 25. Currently Lagadranta as a whole is licensed for 250 camping and 25 touring caravan pitches.

The applicant originally submitted a proposal for an additional 30 pitches however following concerns raised by officers this is now reduced to 15 additional pitches and also includes an undertaking to remove 50 camping pitches.

Access to the site is through Llanmadoc where the roads are relatively narrow and clearly conflict between vehicles and vehicles and pedestrians can occur. Many sites within Gower provide caravan and camping facilities and access is predominantly along narrow country roads. Many of the caravan sites are allocated for static caravan use and therefore towed caravans are limited, generally to a few sites with better access and in smaller numbers. The consented touring caravan sites are also mostly allocated on an annual basis. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/0211

Objections have been received from residents in the area who raise concerns that touring caravans using the Lagadranta site have caused congestion when navigating the narrow lanes leading to the site. Clearly any additional touring caravans therefore have the potential to increase the instances of conflict leading to congestion, inconvenience and danger to other road users.

These factors were considered at a recent Inquiry into the mixed use, including touring caravans and campervans, at Greenways in Oxwich. The Inspector concluded that the narrow roads leading to the site were unsuitable to accommodate an increase in use by touring caravans (and campervans). The road leading to Lagadranta shares many of the characteristics found on the access road to Greenways, in that the road is narrow in places and winding with limited passing places that would allow a towed caravan to pass another. The road is also relatively long, being over 1 Km from Llanmadoc to the site. Two further caravan sites are located in the area run by the Caravan Club.

On balance, whilst recognising the applicants attempt to address the concerns by reducing the number of pitches applied for and taking into consideration the recent Greenways appeal decision, I consider that allowing additional touring caravans on the Lagadranta site should be avoided for highway safety reasons.

Refusal is recommended on the grounds that the proposal will lead to additional traffic movements by touring caravans which cannot be satisfactorily accommodated on the sub- standard roads leading to the site, resulting in conflict between vehicles and vehicles and pedestrians to the detriment of highway safety.

APPLICANTS SUPPORTING STATEMENT

1. It should be noted that the proposed site does not extend towards the coast in a prominent position. The site is hardly visible from any surrounding vantage points, and by definition, the proposed development would not appear highly visible in the landscape.

2. In terms of satisfying the criteria of Policy EC21, it is apparent that the proposal is in complete compliance.

3. The proposed increase of 15 touring pitches is relatively small and the reduction in the level of camping offsets any proposed increase in the number of touring caravans in terms of traffic movements etc.

4. The environmental improvements are quite significant and coupled with a dune management scheme, will bring considerable environmental benefits. The plan will rely on standard dune rescue principles.

5. The proposed site will not have a detrimental impact upon the landscape and the field has no ecological value.

6. A condition will restrict the use of the site to holiday occupancy with the result that for a large part of the year, no caravans will be present on site.

7. The traffic implications have been accepted providing the number is reduced from 30 to 15. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/0211

Applicant’s further supporting statement

“…Elected Members will be aware that this country is trying to work its way through a serious economic recession. Manufacturing jobs are being lost throughout the area and agriculture is in similar decline. The Welsh Assembly Government advises that new jobs are to be created in the service section, and tourism is promoted as having the potential to create economic wealth and prosperity.

The proposal before you today is tourism related and will bring much needed investment into the locality through visitor spend. The applicant is prepared to relinquish 50 no. tent pitches in return for 15 no. touring caravan pitches which by definition will attract a higher spending visitor.

The Lagadranta Farm Caravan Site employs local people and it needs as much support from Swansea City Council as possible. The caravans will leave the site during winter months and will only be sited during the holiday season.

The recent weather has affected tourism businesses throughout Wales and, as we are not able to control this particular aspect, it is hoped that the Authority will be able to assist one of its lifelong residents and longstanding members of the business community to continue to provide a valuable tourism resource.

Despite what is stated in the planning officer’s report, the proposed caravan site is hardly visible from most locations within the surrounding area and, if allowed, will result in an overall decrease in traffic levels.”

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Richard Lewis.

Full planning permission is sought for a touring caravan site for 15 units at field 6793, Lagadranta Farm, Llanmadoc. Lagadranta Farm occupies an area of land overlooking Delvid Burrows and Broughton Bay. The field is located to the south of field 7200 which has planning permission for the siting of 25 touring caravans from 2nd March to 2nd January in any year. In addition, Lagadranta Farm has permission for the siting of 5 touring caravans for ten months for the same time period in field 7808, as well as a licence for 250 tents and mobile homes on fields 6409 and 6717. To offset the number of caravans proposed and reduce traffic into the site, the applicant proposes to reduce the number of tents on the site by 50.

The main issue for consideration in this instance is the impact of the proposal on the character and appearance of the area, and highway safety having regard to prevailing Unitary Development Plan policies. It is not considered that the provisions of the Human Rights Act raise any other overriding considerations. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/0211

Within the Gower AONB the primary objective of this designation is the preservation of the natural beauty of the area. This is further underlined by National planning policy guidance, Planning Policy Wales 2002, which emphasises that development control decisions affecting the AONB should respect this primary objective and favour the conservation of natural beauty and protect the character and appearance of the AONB from inappropriate development.

In line with this guidance, the following policies of the extant Swansea Unitary Development Plan apply. Policies EV1 and EV2 seek to ensure high quality development that protects the natural heritage of the area and Policies EV22 and EV26 of the Unitary Development Plan primarily seek to protect the landscape of the Gower AONB for its own sake and to preserve it for future generations, with particular emphasis on preserving its natural beauty.

Policy EC21 of the Unitary Development Plan 2008 outlines criteria against which proposals for developments at existing caravan, touring unit and camping sites. It states that:

1. Small increases in the number of pitches may be permitted where justified in the context of environmental improvements and where it would not significantly increase overall scale of the operation. 2. Material changes to the type of accommodation provided will only be permitted where; a. There will be no adverse impact on the landscape b. The change would bring about environmental improvements, would not require additional infrastructure and services and would result in overall benefit to the character and appearance of the area in cases of limited change to static caravan pitches or to chalets. c. There would be no harm to natural heritage d. It is subject to a condition ensuring holiday occupancy.

The intention of Policy EC21 is to move development away from the coastline and not towards it.

Policy EC17 of the Unitary Development Plan 2008 refers to rural tourism and ensures that new tourism and recreation development is consistent with the primary objective of preserving the AONB. It states that 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:-

i. are in keeping with the scale and character of the surrounding area ii. do not have significant adverse effects on landscape or nature conservation interests iii. do not create a significantly harmful level of visitor pressure at sensitive locations iv. can provide safe access for a variety of modes of transport without harming the character of adjacent lanes v. and when located on a farm would not lead to the loss of the best and most versatile agricultural land. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/0211

Taking into account the surrounding existing established camping park at Llanmadoc Camping Site, Whitford Bay Caravan Park and the 5 caravan site at Orchard Park Farm the cumulative impact of another field being used as a touring caravan site, albeit part of an established park, would, it is considered, represent a further harmful visual intrusion into the countryside and be detrimental to the visual amenities and rural character of the landscape by virtue of its sensitive location. Whilst the site is screened from the beach to a large part by the intervening topography, the site is visible in the wider landscape. In addition, the proposal does not add anything different to the tourism portfolio of the area and only serves to compromise the environment. Furthermore, if permitted the proposal would, it is considered, set an undesirable precedent for further development of a similar nature year at this and other surrounding locations.

Whilst the submitted scheme would involve the reduction in the number of tents on fields 6409 and 6717 for 250 to 200 , it is not considered that this would justify the impact of further caravan development and the expansion of the site into the surrounding countryside in this instance.

The proposal was amended from the original scheme for 30 caravans in an attempt to overcome any highway concerns. Notwithstanding this, a recent Enforcement appeal for Greenway Leisure Park in March 2009 was dismissed where the Inspector concluded that the narrow roads leading to the site were unsuitable to accommodate an increase in use by touring caravans (and campervans). The road leading to Lagadranta shares many of the characteristics found on the access road to Greenways, in that the road is narrow in places and winding with limited passing places that would allow a towed caravan to pass another. The Head of Transportation and Engineering has therefore recommended refusal of the scheme on the grounds that the proposal will lead to additional traffic movements by touring caravans which cannot be satisfactorily accommodated on the sub-standard roads leading to the site, resulting in conflict between vehicles and vehicles and pedestrians to the detriment of highway safety.

With regards to the objections letters received, which refer mainly to the visual impact of the proposal together with highway safety concerns, these issued have been addressed above in the main body of the report.

In conclusion therefore, and having regard to all material considerations, the proposal constitutes a departure to the Development Plan and a form of development at this sensitive location within the open countryside, which would have a seriously detrimental impact on the character, appearance and natural beauty of this part of the Gower AONB, together with an adverse impact upon highway safety. It is considered that there are no material considerations which would outweigh the provisions of the Development Plan and that approval of this application could establish an undesirable precedent for applications of a similar nature the cumulative effect of which would be a serious erosion in the character, appearance and natural beauty of the Gower AONB. Refusal is therefore recommended.

RECOMMENDATION

REFUSE, for the following reasons: AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 1 (CONT’D) APPLICATION NO. 2008/0211

1 The proposed development would represent an unjustified form of development at this sensitive location within the open countryside, which would have a seriously detrimental impact on the character, appearance and natural beauty of the Gower AONB. The proposal therefore fails to accord with Policies EC21, EV22 and EV26 of the Unitary Development Plan 2008.

2 The proposal will lead to additional traffic movements by additional touring caravans which cannot be satisfactorily accommodated on the sub-standard roads leading to the site, resulting in conflict between vehicles and vehicles and pedestrians to the detriment of highway safety and contrary to the provision of Policies EC21, EV22 and EV26 of the Unitary Development Plan 2008.

3 Approval of this application would set an undesirable precedent for developments of a similar nature, the cumulative effect of which would have a seriously detrimental impact upon the character, appearance and natural beauty of the Gower AONB.

INFORMATIVES

1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: EV1, EV2, EC21, EV22, EV26

PLANS

Site location plan received 30th January 2008

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 2 APPLICATION NO. 2009/0820 WARD: Area 2 Gower

Location: Barns adjacent to The Old Rectory, Llanmadoc, Swansea, SA3 1DE Proposal: Retention, conversion and alterations to outbuildings to form two annexes for holiday let. Applicant: Willis Systems Ltd

BACKGROUND INFORMATION

This application was DEFERRED at the Area 2 Development Control Committee on 4th August 2009 to assess the condition of the buildings. The description of the proposal has been amended although the nature of the scheme is unchanged and my recommendation of approval remains.

POLICIES

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

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

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

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

Policy 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)

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)

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 – 25TH AUGUST 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0820

SITE HISTORY

App No. Proposal 2008/1801 Conversion of barns to two residential units for holiday letting Decision: Withdrawn Decision Date: 18/05/2009

2005/1360 Enlargement of window and replacement door on northern elevation, new window and replacement window on western elevation Decision: Withdrawn Decision Date: 29/06/2005

2005/1996 Barn conversion to residential use with increased ridge height to provide first floor living accommodation and demolition of stores Decision: Grant Permission Conditional Decision Date: 08/02/2007

2007/1765 Conversion of barns to two residential units with increase in ridge height to provide first floor living accommodation and external alterations (amendment to planning permission 2005/1996 granted 19th January 2007) Decision: Grant Permission Conditional Decision Date: 23/04/2008

RESPONSE TO CONSULTATIONS

Neighbours: The application was advertised on site and in the press as development within a Conservation Area and as development which might materially affect the setting of a Listed Building. TWELVE neighbours were also individually consulted. ONE LETTER OF OBJECTION and ONE LETTER OF SUPPORT were submitted. The letters of objection are summarised below:

1. Increase in use of cars. 2. Highway safety issues. 3. Parking.

Llangennith Llanmadoc & Cheriton Community Council: Object on the following grounds:

1. Overdevelopment of the site which will bring noise and an intrusive form of development to a quiet corner of the village. 2. Buildings sheds and not barns.

Glamorgan-Gwent Archaeological Trust: No objection subject to a condition requesting the submission of a programme of work. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0820

Gower Society: Object on the following grounds:

1. The barns are hardly present on site; this amounts to being a virtual new build. 2. The impact on the adjacent listed property and its boundary wall is entirely unacceptable. 3. We note that the amount of space left for recreation and car parking is totally inadequate – when the impact of this proposal along with that already carried out is added together. 4. The proposal is a gross overdevelopment of a sensitive and historical site. 5. Attached to this letter is a copy of an aerial view of the site.

Highways: Adequate parking is being provided for the proposed holiday accommodation. I recommend that no highway objections are raised.

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Richard Lewis.

Full planning permission is sought for the retention and completion of the conversion of outbuildings to form annexes for holiday lets at The Barns adjacent to the Old Rectory, Llanmadoc. The application site is set within a highly sensitive location, within the Llanmadoc Conservation Area, and within 15 metres of the Church of St Madoc, which is a Grade II listed building of 12th century origin; and a similar distance from the Old Rectory, a Grade II listed mid 19th century residence inspired by the Swiss vernacular style. The application is also located within a Registered Landscape of Outstanding Historic Importance within the Gower Area of Outstanding Natural Beauty.

In terms of the planning history of the site, Members may recall, planning permission was previously approved at the adjacent barn Ref: 2005/1996 for the “Barn conversion to residential use with increase in ridge height to provide first floor living accommodation and demolition of stores”. Furthermore a subsequent amended application was approved in April 2008 Ref: 2007/1765 for the “Conversion of barns to two residential units with increase in ridge height to provide first floor living accommodation and external alterations”. The stores in relation to this current application formed part of the curtilage of this previous approval (Ref: 2007/1765). In addition to this a previous application for the conversion of the application buildings to holiday lets was withdrawn (Ref: 2008/1801). The current scheme is significantly smaller than this previous application.

The dilapidated outbuildings have been demolished and this current proposal only involves the re-development of the remaining two stone outbuildings which will form a bedroom and en-suite and a communal laundry room respectively. In terms of their overall character their development, it is considered, certainly merits their repair and conversion.

The main issues to be considered are the impact of the proposed development on the character of the existing buildings, the setting of the listed buildings and on the character and appearance of the Conservation Area, and the Gower AONB. Policy EV26 of the Swansea Unitary Development Plan seeks to ensure that new development respects the natural beauty of the Gower AONB. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0820

In addition, it is located in the village of Llanmadoc and not within the open countryside and as such the conversion and repair of the building should be considered against the small villages policy, Policy EV16 which allows for appropriate small scale development which accords with the policy criteria (i) – (vi). This is reinforced by Policies EV1 and EV2 of the Development Plan which require that development is carefully assimilated into the surrounding environment, and has regard to the impact upon visual amenity, the amenities of neighbouring occupiers and highway safety. Policy EC18 supports the creation of new serviced tourist accommodation within existing villages. Local Plan Policies EV9 and EV2 require the setting of listed buildings and impact on the character and appearance of the conservation area to be considered. Development Plan Policy EV2 also requires that applications for planning permission should take account of any species protected by law.

As the application site is located within a Conservation Area, opposite a Grade II Listed Building and within the Gower AONB, careful consideration has to be given to the visual character and appearance and environmental capital of the protected area, so that it is preserved for the benefit of itself and future generations. The planning policies applicable to the Gower AONB are long standing and reflect continuing Central Government advice on the need to protect the open countryside from inappropriate development. Recent Central Government policy guidance, provided by Planning Policy Wales 2002 sets out the critical principles and objectives in respect of the re-use and adaptation of existing rural buildings, new housing development, sustainability, biodiversity, and design, which are applied to reinforce the policies of the extant Unitary Development Plan for Swansea.

The protected species survey undertaken in September 2008 concludes that no bat roosting was found at the buildings and based on the survey undertaken it is considered unlikely that there is any winter use. In addition, there was no owl use recorded at the barn. This complies, it is considered, with the criteria for Policy EV2 of the Swansea UDP.

There is no change to the layout of the original farmyard; therefore its historic integrity will be preserved. The plans indicate that the west facing wall will be retained and the buildings footprints will not alter. In light of the visual appearance of the existing buildings on the site, which are to be renovated and repaired, it is considered that the proposal represents a welcome improvement to the site and the setting of the Conservation Area. The east facing wall of the building adjoins the boundary with the Grade II Listed ‘Old Rectory’ and is to be repaired and retained as part of the scheme, however a condition is considered necessary to require details of the method of support for this wall during construction.

In visual terms the development is similar to the existing out buildings, and the plans indicate that many of the existing openings will be retained and have been utilised. It is considered that the scheme has been sensitively designed to retain the original utilitarian character of the buildings and preserves the solidity and simplicity of the farmyard. Due to its relatively simple form and low profile the development creates a pleasant environment within the site, whilst respecting the character of the adjacent listed building and the Llanmadoc Conservation Area at this prominent and important location within the Gower AONB without amounting to an over-development of the site. The materials proposed are considered wholly appropriate with the use of natural slate for the roof maintaining and the appearance and character of the farm yard and the wider Conservation Area. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0820

The new features introduced such as the velux type windows and glazed openings are considered to be compatible with the original nature of the building. Whilst, the buildings have incorporated a few domestic features, the solid to void ratio of the development is in line with the original openings of these barns. As such it is considered that the design and form of the proposal, has predominantly retained the original character of the out buildings.

In terms of visual amenity, therefore, the alterations to the building will, it is considered, provide a quality development, which will, it is considered, preserve and enhance the setting of the adjacent Listed Buildings, and the character and appearance of the Conservation Area and this part of the Gower Area of Outstanding Natural Beauty.

Apart from those areas forming the car parking the remaining external areas at the front of the site would form patio areas which are considered acceptable in visual terms, given their limited size. In terms of the use of the land for tourism purposes the proposal is considered acceptable given that it is within the established settlement and tourist destination of Llanmadoc and the works proposed have already been considered above as visually acceptable. The development only proposes an additional bedroom and laundry room to be used ancillary to the main buildings and therefore, it is considered that its modest scale would not add excessively to visitor pressure in Gower.

Turning to impact upon residential amenity, there are no alterations to the east facing façade of the building onto the Old Rectory and as such the proposal would not, it is considered, have an unacceptable impact upon the residential amenities of the neighbouring occupiers. This will also ensure that the setting of the Listed Building remains unaffected, however, as discussed above it is considered important that this wall remains insitu. As the scale of the development is considered relatively modest, it is not considered that there will be a detrimental impact upon the existing and future neighbouring occupants through physical or visual overbearance. In terms of overlooking, the adjacent barn will be the only property effected, however there are no habitable room windows which overlook the barn and as such will have no impact upon the privacy of this property.

Notwithstanding the above 3 letters of objection have been received raising concerns regarding over development, impact upon the Listed Building whether the building is capable of conversion, highway safety, parking, and increase in noise and access. The issues pertaining to which have been addressed above.

Having regard to the above considerations, including the Human Rights Act, the development is considered to enhance the character and amenity of the buildings and their surrounds and has no adverse impact on the amenity of adjacent residential occupiers, and as such accords with the provisions of EV1, EV2, EV3, EV9, EV16, EV26 and EC18 of the Swansea Unitary Development Plan. Moreover, the conversion will safeguard the future of this stone barn building. Approval is therefore recommended.

RECOMMENDATION

APPROVE, subject to the following conditions: AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0820

1 The materials used in the development hereby approved shall match those of the adjacent barn. Reason: In the interests of visual amenity.

2 The proposal 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. The applicant shall ensure that a weekly occupancy record for each unit is maintained and shall submit a copy of the record to the Local Planning Authority at the end of each calendar year. Reason: Reason: In the interest of visual and residential amenity.

3 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or amending that Order), Part 1 and Part 2 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.

4 The proposed development shall remain at all times an integral part of the existing dwelling and shall not be sold, let or otherwise occupied, as a separate unit of accommodation. Reason: It is not considered that the property is suitable for the creation of separate units of accommodation.

5 No further development shall take place until the applicant or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority. Reason: To identify and record any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource.

INFORMATIVES

1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: (EV1, EV2, EV3, EV9, EV16, EV26 and EC18).

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 (Natural Habitats & c.) Regulations 1994. This legislation implements the EC Habitats & Species Directive in the UK making it an offence to capture, kill or disturb a European Protected Species or to damage or destroy the breeding site or resting place of such an animal. It is also an offence to recklessly / intentionally to disturb such an animal. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 2 (CONT’D) APPLICATION NO. 2009/0820

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.

PLANS

Site location plan, 1708-10 existing site plan & outbuilding received 29th May 2009. Amended plans 1708-12 E and 1708-11 D dated 15th June 2009.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 3 APPLICATION NO. 2009/0711 WARD: Area 2 Upper Loughor

Location: Vernal Uchaf Farm, Waun Road, Loughor, Swansea, SA4 6UD Proposal: First floor side extension Applicant: Mr Colin Jones

BACKGROUND INFORMATION

This application was DEFERRED at the Area 2 Development Control Committee on the 4th August 2009 for a SITE VISIT in order that the visual impact of the proposal is assessed.

POLICIES

Policy Policy Description Policy EV23 Within green wedges development will only be permitted if it maintains the openness and character of the green wedge and does not contribute to the coalescence of settlements or adversely affect the setting of the urban area. (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 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 2008/0177 First floor side extension Decision: Refuse Decision Date: 12/05/2008

2007/2580 First floor side extension Decision: Withdrawn Decision Date: 28/01/2008

2003/1772 Use of land for the storage of caravans (application for a Certificate of Lawful Use) Decision: Is Not Lawful Decision Date: 13/02/2004

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 3 (CONT’D) APPLICATION NO. 2009/0711

LV/80/0609/03 AGRICULTURAL CARAVAN Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 13/01/1981

LV/81/0546/01 REPLACEMENT FARMHOUSE Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 23/02/1982

LV/79/0399/03 SITING OF A CARAVAN FOR OCCUPATION BY APPLICANT AS AN AGRICULTURAL DWELLING Decision: *HRP - REFUSE PERMISSION Decision Date: 18/09/1979

LV/80/0331/08 OVERHEAD KV LINE Decision: *HNO - NO OBJECTION Decision Date: 24/06/1980

LV/79/0855/03 CONSTRUCTION OF NEW VEHICULAR ACCESS Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 05/02/1980

RESPONSE TO CONSULTATIONS

The proposal was advertised by way of a site notice. No letters of objection or comment have been received

Environment Agency Wales – No adverse comments as extension appears to be outside the area at risk of flooding.

Llwchwr Town Council – OBJECTS on the following grounds:

• The proposal constitutes an overdevelopment of the site in a green wedge.

APPRAISAL

This application has been reported to Committee for decision at the request of Councillor Richard Lewis.

The application property at Vernal Uchaf Farm, Waun Road, Loughor comprises a large detached dwelling set within a large curtilage and situated on land to the north of the A484 Llanelli link road, and within an area of open countryside between Loughor and Gowerton that is designated as protected Green Wedge. This dwelling house reflects the original farmhouse, and is subject to an agricultural occupancy condition that has not been removed (ref. 82/0167 refers).

This application seeks full planning permission for a first floor side extension and is identical to application 2008/0177 which was refused by this Authority under delegated powers on the 12th May, 2008, for the following reasons: AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 3 (CONT’D) APPLICATION NO. 2009/0711

“The proposed extension, by virtue of its inappropriate siting, scale and design would constitute an unjustified form of development which would be out of keeping with and detrimental to the character of the existing dwelling and the visual amenities of the area, contrary to the Lliw Valley Household Extensions Design Guide”.

Post-application advice has been provided by officers and advice provided as to how the scheme could be amended to overcome the previous reasons for refusal, however, the applicant has elected to submit a scheme identical to that refused under the previous application. In support of the application a letter has been provided by the applicant indicating that the proposed use for the additional accommodation will be for the provision of en-suite facilities and private space for disabled visitors for whom respite care is being provided.

The application has been considered having regard to any change in material circumstances, including reference to the policies of the recently adopted City and County of Swansea Unitary Development Plan.

The main issues for consideration are the impact of the proposed extension on the character and appearance of the original dwelling and on the visual amenities of the surrounding area having regard to the Unitary Development Plan and Council’s Supplementary Planning Guidance: A Design Guide for Householder Development. It is not considered that the provisions of the Human Rights Act raise any other issues.

The Authority’s policies are committed to achieving high standards of design and layout in all new developments and alterations to existing buildings, and this is reinforced by Planning Policy Wales Technical Advice Note 12: Design (para 4.5) which states that the visual appearance of proposed development, its scale and its relationship to its surroundings are material planning considerations in determining planning applications. For the purpose of this advice, design is taken to mean the relationship between all elements of the built and natural environment. Key design issues include height and massing. In this particular case the development should be sensitively designed to have regard to the rural setting of this green wedge area.

Green wedges are areas of the countryside that are under pressure for development, and UDP Policy EV23 seeks to maintain the openness and character of these areas, through careful control of new development, and this includes control through limited extension and alteration of existing dwellings. This is reinforced by Policies EV1 and HC7 which set out the criteria for new development in terms of siting, scale, and use of materials, etc., and ensure that any development including extensions to existing properties is appropriate to its local context and does not result in significant detrimental impact on local amenity in terms of visual impact. This includes the need for residential extensions to complement the character and appearance of the dwelling to which it relates.

The proposed extension will comprise a first floor extension above the existing side extension of the house, and this includes a two storey gable feature that will protrude forward of the adjoining first floor accommodation. As a result, the house will be extended to accommodate six bedrooms. Whilst the site is not widely visible in the surrounding landscape, the proposed first floor side extension will be visible from the public highway at the point the driveway serving the property joins with Waun Road. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 3 (CONT’D) APPLICATION NO. 2009/0711

It is considered that this first floor extension will result in the introduction of a discordant and incongruous feature that does not complement the character and appearance of the original dwelling in terms of siting, scale and design. It would also give the property an unbalanced appearance which is at odds with the form of the existing dwelling. In visual amenity terms, therefore, it is considered that the proposal will have an unacceptable impact on the existing character and appearance of the application property to the detriment of the visual amenity of the locality and the surrounding green wedge landscape.

Turning to residential amenity, it is considered that given the siting of the property that the proposal will not have an unacceptable impact on the residential amenities of any neighbours. There are no highway safety issues for consideration in respect of this application.

In addition, it should also be recognised that the application property is subject to an agricultural occupancy condition and in this respect TAN6 Agricultural and Rural Development advises that proposed extensions in such circumstances would result in a dwelling where size exceeded what could be justified by the functional need of the holding. This issue has been raised by officers with the applicant, however, no justification has subsequently been submitted in support of the application in this respect.

In conclusion and having regards to all material considerations, including the Human Rights Act, it is considered that the first floor side extension represents an unjustified form of development which will have an unacceptable impact on the character and appearance of the existing property to the detriment of the visual amenities of the locality and of this protected green wedge area. The scheme therefore does not comply with Council’s Design Guide for Householder Development or Policy HC7 of the City and County of Swansea Unitary Development Plan. Refusal is therefore recommended.

RECOMMENDATION

REFUSE, for the following reason:

1 The proposed extension, by virtue of its inappropriate siting, scale and design would constitute an unjustified form of development which would be out of keeping with and detrimental to the character and appearance of the existing dwelling and the visual amenities of the locality and of this green wedge area, contrary to policies EV1, HC7 and EV23 of the City and County of Swansea Unitary Development Plan and the provisions of the Design Guide for Household Development 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: EV1, EV23 and HC7

2 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 – 25TH AUGUST 2009

ITEM 3 (CONT’D) APPLICATION NO. 2009/0711

PLANS

Site location plan, block plan, VF/1/1 existing elevations, VF/1/2 proposed elevations, VF/1/3 existing ground floor plan, VF/1/4 existing and proposed first floor plan received 11th May 2009

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 4 APPLICATION NO. 2008/2276 WARD: Area 2 Pennard

Location: Land adjoining 11 and 14 Westcliff, Pennard, Swansea, SA3 2AN Proposal: One detached dwelling Applicant: Mr and Mrs D Morgan

BACKGROUND INFORMATION

This application was DEFERRED FOR A SITE VISIT at the Area 2 Development Control Committee on 4th August 2009 to assess the impact upon the area in light of previous decisions. My recommendation of approval remains unchanged.

POLICIES

Policy Policy Description 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)

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 EV17 Within the boundaries of the large villages as identified on the Proposals Map, development will be limited to existing commitments, small infill plots and, in locations outside the AONB, small scale rounding off, subject to the other defined criteria. (City & County of Swansea Unitary Development Plan 2008)

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

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

SITE HISTORY

App No. Proposal 2004/2603 Dwelling house with detached garage Decision: Appeal Dismissed Decision Date: 22/11/2005

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 4 (CONT’D) APPLICATION NO. 2008/2276

91/1351 TWO STOREY REAR EXTENSION AND DETACHED GARAGE Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 04/02/1992

95/1000 ERECTION OF 2 NO. DWELLING HOUSES WITH DETACHED GARAGES Decision: Withdraw Decision Date: 19/10/1995

82/0060/01 PERMISSION TO ERECT TWO DWELLING HOUSES Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 25/03/1982

RESPONSE TO CONSULTATIONS

ORIGINAL SCHEME

The application was advertised on site 16 individual properties were consulted. TWO LETTERS OF OBJECTION have been received which are summarised as follows:

1. We are surprised that another application has been made for this land when an appeal Inspector made in clear that any such proposal should be rejected.

2. The appearance of the plot has been changed to challenge the Inspector’s decision and it has always been rough ground.

3. The ground remains rough uneven ground which is in keeping with the general character of the cliff top environment.

4. Nothing has changed since his ruling that building on this site would be a breach of Council policy and the plot remains worthy of legal protection and is unsuitable for development.

5. Building on this site represents an undesirable intensification of cliff top development and there remains several invaluable gaps that need to be preserved to keep the village like character and the unspoilt appearance of this area would be compromised.

6. There is an issue of precedent.

7. The proposed house would be out of scale with our bungalow.

8. The windows in the north elevation would create a major invasion of our privacy.

9. The view would be changes from our windows and would result in loss of light.

10. A new development would bring in more cars and would affect the enjoyment and safety of hundreds of people who visit the area every day and on whom the local economy relies. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 4 (CONT’D) APPLICATION NO. 2008/2276

11. There is already an eyesore of a house at the end of this road which has removed a wonderful view of Gower.

The Gower Society – Objects:

1. This application is clearly in conflict with previous decisions regarding this site. 2. The proposed house is very large; it would occupy an important area on Westcliff. 3. The proposal would be seen from the coastal path as well as from may points to the west of the site.

Glamorgan Gwent Archaeological Trust – Requests a condition (in accordance with Welsh Office Circular 60/96, Section 22) ensuring that an archaeologist conducts a watching brief during any ground works.

Pennard Community Council – Objects on the grounds that it does not concur with:

1. Policy UDP point 4.6.7 (iii) “Southgate: further intensification of development along Eastcliff and Westcliff will not be permitted”. 2. Policy EV22 page 40 “The countryside through the county will be preserved and enhanced for the sake if its natural heritage, natural resources and cultural environmental and agricultural and recreational value through the control of development “

Highway Observations – “A proposal for a new dwelling on this site has been considered previously. My observations at that time are still applicable and I therefore re-iterate my earlier advice:

The development proposal includes adequate parking and turning facilities within the site. Access will be gained directly from West Cliff and as the site boundary is set back from the edge of the carriageway, there is no merit in requiring the usual ‘Gower Set-back’ as sufficient visibility exists between the boundary and the road. The amount of traffic attracted by one additional dwelling is small and therefore I recommend that no highway objections are raised. “

AMENDED SCHEME (where the design of the dwelling has been changed and the block plan and street scene plan amended)

The application was advertised on site and sixteen individual properties were again consulted. TWO LETTERS OF OBJECTION have been received, re-iterating previous comments made.

The Gower Society – makes the following observations –

1. It wishes its comments contained in the letters of 19th December 2008 and 26th May 2009 to remain. 2. The revised and lowered roof line has been noted but it does not materially alter the Society’s position re: this application. 3. We note the impact of the southern elevation has been somewhat improved by the amended design. 4. However, this remains a large house in a prominent position. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 4 (CONT’D) APPLICATION NO. 2008/2276

Pennard Community Council – re-iterates previous objections

Highway Observations – No further comments

APPRAISAL

This application is called to Committee for decision at the request of Councillor Margaret Smith.

Full planning permission is sought for the construction of a detached dwelling on land between 11 and 14 Westcliff, Pennard. This corner plot is located at the end of a run of detached properties, which front onto National Trust land along West Cliff. The 1300m2 flat site is roughly square shaped and extends 38 metres in depth along the common curtilage boundary with No. 11 Westcliff, and measures approximately 25 metres wide along its frontage, and extends 40 metres along the wider rear curtilage boundary with the bungalow at No. 14 Westcliff. The site is presently mowed to lawn and is characterised by its low stone wall enclosures along its southern and western boundaries, part of which are screened by an overgrown hedge and small trees, with gorse bushes beyond. There is a low brick boundary wall with No. 11 and a 2 metre high Leylandii type hedge along the boundary with No. 14. Whilst there is no existing driveway access across the front apron of grass onto the tarmac track along Westcliff, there is a gated opening in the south eastern corner of the front enclosure which indicates previous use as an access.

The proposed dwelling will be sited comparatively centrally within the plot area available, facing south towards the lane with a minimum set back of 15 metres from the front boundary, roughly in line with the front building line of the neighbouring house at No. 11. The design is based on a typical ‘Gower Long House’ cottage with a variety of one, one- and a half and two storey elements. The overall L-shaped footprint will measure a maximum of 16 metres in width by 11 metres in depth, with a tiered roof design, which has a maximum height of 8 metres for the main south facing section, 6.6 metres to the rear wing, and a minimum of 6 metres to the side wing. The proposed materials include smooth rendered walls, limestone finish to the porch, zinc roof (due to the shallow pitch) to the single storey element on the northern elevation, natural black slate roof tiles and hardwood timber windows and doors, with black rainwater goods.

Access to the site will be derived from the same position as the existing gates in the south eastern corner of the site, leading into a side driveway.

BACKGROUND INFORMATION

Outline planning permission for the erection of two dwellings was granted on this site (that is the plot of land that lies between the existing dwellings at Nos. 11 and 14 Westcliff) in 1982 (ref. 82/0060). That permission included details of access for the two plots off the front highway, and included illustrative plans for two plots of comparable width to the curtilage of No. 11 and two houses of comparable footprint size to the two storey house No. 11. However, there was no subsequent application to seek permission for the remaining reserved matters. This planning record confirms that the site did not include the bungalow property at No. 14 Westcliff that has a separate planning history, and established the principle of this land being suitable for small scale infill development at that time. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 4 (CONT’D) APPLICATION NO. 2008/2276

Subsequent applications for full planning permission for two larger dwellings were submitted in 1994 and 1995 (refs. 94/0767 and 95/1000), but were withdrawn prior to determination, following recommendations for refusal. Both these latter proposals were considered an unacceptable over-intensification of the plot on the grounds of the scale, siting, density, and massing of the proposed two houses and the potential unacceptable affect on the amenities of neighbours, contrary to the then prevailing policy for the area. Notwithstanding the above history, the current application must be considered on its own individual merits.

More recently, however, a further planning application for a dwelling Ref: 2004/2403 refers was recommended for approval by the Head of Planning Services but was refused at Development Control Committee in June 2005 and subsequently dismissed at appeal. In dismissing the Appeal, the Inspector referred to the then prevailing Local Plan Policy V11 where it states that “further intensification along Eastcliff and Westcliff will not be permitted”. He further stated, however, incorrectly that the area of land was annotated on the Local Plan Proposals Map where “development is to be resisted” when in fact the plan stated “further intensification to be resisted”.

In the Unitary Development Plan, adopted in November 2008, Policy EV17 (large villages) this wording has again been included in its amplification. Representations were made during the consultation period for the UDP and suggestions were made by an objector to amend the wording of the amplification to the Policy. However, the Inspector declined to do so as he considered that the wording gave enough control over development at this location but did not feel that further intensification “prohibited any increase in the number of dwellings at Eastcliff or Westcliff; it would be easy for the policy to say this if this were meant.” He continues to state that “the effect of the proposal on the character and appearance of the area….. would form the basis of a judgement as to whether a particular proposal accords or conflicts with the policy.”

POLICY CONSIDERATIONS

The main issues to consider are whether the proposed dwelling at this location would constitute an acceptable form of development, having regard to the prevailing planning policies of the Development Plan and recent national planning policy guidance. In particular, consideration is given to the impact on the visual and residential amenity of neighbouring properties, the effect on the character, amenity, and environment of the surrounding area and Gower AONB together with any impact upon highway safety at this location. It is not considered that the provisions of the Human Rights Act raise any other overriding considerations.

Given the sensitive location of the application site on Westcliff, Pennard within the defined area of the Gower AONB, careful consideration needs to be given to the need for infill housing within the established settlement area against the need to safeguard the visual character and appearance and environmental capital of the landscape, so that it is preserved for the benefit of future generations. Central Government policy guidance, provided by Planning Policy Wales 2002 and Technical Advice Note (Wales) 12: Design, 2009, set out the critical principles and objectives in respect of sustainability, biodiversity, design and housing need, which are applied to reinforce the policies of the extant Development Plan for Swansea. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 4 (CONT’D) APPLICATION NO. 2008/2276

Within AONBs, the primary objective of this designation is the preservation of the natural beauty of this area, and development control decisions affecting Gower AONB should respect this by considering the importance of traditional and local distinctiveness. Proposed development needs to respect, and enhance where possible, the environment through location, scale, and design. In addition National Guidance emphasises that the visual appearance of proposed development, its scale and its relationship to its surroundings are material planning considerations.

Having regard to the surrounding sensitive landscape, the quality of design is particularly important at this location, including the relationship between all elements of the built and natural environment, the relationship between different buildings and between buildings and the open areas. Key design issues include height and massing, relationship to site boundaries and adjoining properties, and the visual impact on the character and appearance of the adjoining National Trust land and cliffs in this part of the Gower AONB.

In line with this guidance, the following policies of the extant Development Plan apply. Policies EV1 and EV2 seek to ensure high quality development that protects the natural heritage of the area and Policies EV22 and EV26 of the Unitary Development Plan primarily seek to protect the landscape of the Gower AONB for its own sake and to preserve it for future generations, with particular emphasis on preserving its natural beauty. Policy EV17 seeks to contain the existing settlement pattern of the fringe settlements to avoid further suburbanisation within Gower AONB. This strategy is further defined in this Policy with regards to the Pennard/Southgate area which seeks to restrict development to existing commitments and appropriate small scale infill. In addition, this policy identifies the land adjoining The National Trust coastline along Westcliff as an area where further intensification is to be resisted.

The Council wishes to foster high standards of design in all new development, and Unitary Development Plan Policies EV1 and EV2 also seek to ensure that proposals are sympathetic to the character and amenity of the site, its immediate surroundings and the broader area; and have proper regard and protect the amenity currently enjoyed by neighbouring residents.

VISUAL AMENITY

The proposed development has been considered in the context of the dwellings either side, and the surrounding Westcliff landscape. Having regard to the character and form of development along Westcliff, the application site comprises a logical development at the edge of the settlement and existing housing development fronting onto this section of Westcliff, and will take the built form up to a clearly defined boundary which does not then create a precedent for further land releases, it is considered.

In terms of its overall size this large plot is considered to be physically capable of accommodating the proposed dwelling together with adequate outdoor amenity and parking areas, and would be comparable in overall plot size, and scale and density of built form to the established low density and pattern of development along Westcliff. Whilst the site is located within an area identified by Policy EV17 where further intensification is to be resisted, on balance, it is considered that the proposal for one dwelling will be compatible in scale and density to the character and form of established neighbouring properties, and will not comprise an overdevelopment of the plot area available, nor set an unacceptable precedent for future proposals. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 4 (CONT’D) APPLICATION NO. 2008/2276

In addition, the plot ratio of surrounding dwellings is approximately 20% of building to plot size and this current scheme falls within these parameters, again giving it is considered further weight to the argument that the proposed dwelling in this location would not be considered as “intensification”.

In terms of its design and appearance, the proposed house has been sensitively designed to reflect the design, scale and vernacular materials of a ‘typical’ Gower cottage, with a compact central double fronted cottage and wings of descending scale to the sides and rear, finished in smooth render walls and black slate roofs. The house will have ‘active’ frontages with windows and doors facing the principal boundaries to the south and west. This design is not only considered visually compatible with neighbouring dwellings, but is considered appropriate to this edge of cliff location, where the overall effect is in keeping with its surroundings. Whilst the house will be visible from the coastal paths across Westcliff, it is considered that the above proposed staggered outline of buildings and use of traditional materials, set against a background of existing houses, will add variety and further mitigate against the potential visual massing impact. This together with partial screening provided by trees and bushes and the undulating topography of the surrounding open land area, will ensure that the proposal will blend satisfactorily into the landscape, with no unacceptable adverse effect on the public realm or visual amenities and environment of the surrounding open countryside. In conclusion, it is not considered that the proposal will have an unacceptable adverse affect on the visual amenities of Westcliff or the natural beauty of this part of Gower AONB.

RESIDENTIAL AMENITY

Turning to residential amenity, the proposed house has been designed and sited, it is considered, to respect the residential amenities of the residents of the nearest properties. The rear building line of the house will not extend beyond the main building of No. 11, will respect the position of side windows and first floor balcony on the rear wing of No. 11 and will therefore not obstruct the distant views to the west. Moreover, there will be a satisfactory intervening distance of approximately 14 metres between the gable ends of the respective properties, and the lower tiered roof design will ensure there is no unacceptable massing/overshadowing effect on the western facing windows in the rear wing of No. 11. In addition, the proposed house has been designed with no east facing windows at first floor level, which ensures there will be no direct overlooking between habitable windows or loss of privacy to the rear garden area and rear wing/balcony of No. 11.

Similarly the rear elevations facing No. 14 have been designed to ensure a satisfactory separation distance between buildings (21 metres from the nearest gable end of the lower north wing) to prevent any visual or physical overbearance. The north facing fenestration comprises of one obscured window serving an en-suite bathroom and one bedroom window which would face onto the existing detached garage of No.14. However, there would be at least 20 metres from the nearest neighbouring window, to ensure there is no overlooking. The intervening high hedge presently provides additional screening. On this basis, it is considered that there will be no unacceptable loss of residential amenity through physical overbearance, overlooking or loss of privacy. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 4 (CONT’D) APPLICATION NO. 2008/2276

HIGHWAY ISSUES

The Head of Transportation and Engineering considers that the development proposal includes adequate parking and turning facilities within the site. Access will be gained directly from West Cliff, and as the site boundary is set back from the edge of the carriageway, there is no merit in requiring the usual ‘Gower Set-back’ as sufficient visibility exists between the boundary and the road. The amount of traffic attracted by one additional dwelling is small and therefore there are no outstanding highway objections.

RESPONSE TO CONSULTATIONS

Glamorgan Gwent Archaeological Trust has considered the proposed development of this site, and have concerns that there may be buried archaeological evidence relating to human settlement in this area associated with the Mesolithic period. As a result a watching brief is advised which can be controlled by condition.

In response to the objections received, the material issues raised have been addressed above in the main body of the report.

CONCLUSION

In conclusion, having regard to all material planning considerations, including the Human Rights Act, on balance, it is considered that the proposed dwelling can be satisfactorily assimilated into the area, in keeping with the semi-rural character and appearance of this locality, and will represent a cohesive and sustainable form of development in line with the built pattern along Westcliff, without any unacceptable adverse affect on the visual amenities of the surrounding area or harm to the natural beauty of the Gower AONB. In addition, it is not considered that the proposal will detract from the visual or residential amenities currently enjoyed by neighbouring occupiers, nor have an adverse effect on highway conditions in the locality. Moreover it is not considered that the proposal will result in unacceptable overdevelopment, nor set a precedent for other applications in this area. It is therefore considered that the proposal complies with the requirements of Policies EV1, EV2, EV17, EV22 and EV26 of the Unitary Development Plan and approval is recommended.

RECOMMENDATION:

APPROVE, subject to the following conditions:

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

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 4 (CONT’D) APPLICATION NO. 2008/2276

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 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or amending that Order), Classes A, C and E of Part 1 of Schedule 2 of Article 3 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.

4 The developer shall ensure that a suitably qualified archaeologist is present during the undertaking of any ground disturbing works in the development area, so that an archaeological watching brief shall be undertaken to the standards of the Institute of Field archaeologists. The Local Planning Authority shall be informed in writing at least two weeks prior to the commencement of the development of the name of the said archaeologist and no work shall begin until the Local planning Authority has confirmed, in writing, that the proposed archaeologist is suitable. A copy of the watching brief report shall be submitted to the Local Planning Authority within 2 months of the field work being completed by the archaeologist. Reason: To identify and record any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource.

5 Before the development hereby approved is occupied the means of enclosing the boundaries of the site 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

6 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: In the interests of visual amenity and general amenity.

7 Notwithstanding the submitted plans, development shall not commence until architectural details in relation to the external doors, door openings and garage doors, windows, window openings and glazed screens, dormer windows, rooflights, and chimneys, to a scale of 1:5 or 1:2, have been submitted to and agreed in writing by the Local Planning Authority. The works shall be completed in accordance with the agreed details. Reason: In the interests of visual amenity

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 4 (CONT’D) APPLICATION NO. 2008/2276

8 The development shall not commence until a sample panel of stonework at least one metre square showing the proposed stone type, coursing, mortar mix and pointing has been erected on site and agreed in writing by the Local Planning Authority. The walls shall be constructed only in the same way as the approved panel. The panel shall be retained on site until the works have been completed in accordance with the agreed details. Reason: In the interests of visual amenity

9 The development shall not commence until a sample panel of render at least one metre square showing the proposed texture and colour has been erected on site and agreed in writing by the Local Planning Authority. The walls shall be constructed only in the same way as the approved panel. The panel shall be retained on site until the works have been completed in accordance with the agreed details. Reason: In the interests of visual amenity

10 No part of the development hereby approved shall be occupied until the access shown on the deposited plan has been constructed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of highway safety

INFORMATIVES

1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: EV1, EV2, EV17, EV22, EV26

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 Birds may be present. 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 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 4 (CONT’D) APPLICATION NO. 2008/2276

You are advised that any clearance of trees, shrubs, scrub (including gorse and bramble) or empty buildings should not be undertaken during the bird nesting season, 1st March - 31st August and that such action may result in an offence being committed.

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

PLANS

OS191/71A proposed floor plans, OS191/72A proposed elevations, OS191/73A proposed sections and roof plan received 30th April 2009. Amended plans: OS191/70A site location and block plan, OS191/74A street scene received 19th May 2009

ITEM 5 APPLICATION NO. 2008/0953 WARD: Area 2 Newton

Location: The Spinney, Caswell Road, Caswell, Swansea, SA3 4RT Proposal: Detached dwelling Applicant: Mr & Mrs P Griffiths

BACKGROUND INFORMATION

This application was DEFERRED for a SITE VISIT at Area 2 Development Control Committee on 4th August 2009 to assess highway safety. My report has been updated to include reference to additional comments from the applicant querying the content of the highway observations and comments in relation to previous development using the same access. The report and recommendation has also been updated to include revised Highway Observations that have been received. My recommendation of refusal remains.

RELEVANT PLANNING POLICIES

Planning Policy Guidance

Technical Advice Note (TAN) 12 –Design (2002)

Planning Policy Wales (PPW) – 2002

City and County of Swansea Unitary Development Plan

Policy EV1 New development shall accord with the objectives of good design.

Policy EV2 The siting of new development should give preference to the use of previously developed land over Greenfield sties and must have regard to the physical character and topography of the site and its surroundings. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 5 (CONT’D) APPLICATION NO. 2008/0953

Policy EV3 Proposals for development will be required to provide satisfactory access for all.

Policy HC2 Proposals for housing development within the urban area will be supported where the site has been previously developed or is not covered by conflicting plan policies or proposals and provided the proposed development does not result in: (i) Ribbon development or contribute to the coalescence of settlements; (ii) Cramped/over intensive development; (iii) Significant loss of residential amenity; (iv) Significant adverse effect on the character and appearance of the area; (v) The loss of important urban greenspace; (vi) Significant harm to highway safety, or; (vii) Significant adverse effects in relation to: a. Landscape; b. Natural heritage; c. Security and personal safety; d. Infrastructure capacity; e. The overloading of available community facilities and services.

RELEVANT PLANNING HISTORY

For application site 2007/0533 To fell 2 ash trees covered by TPO no.156. Allowed on appeal

Historic planning history for information (former Summerland House)

96/4108 Erection of 3 no. detached dwelling houses and 1 no. detached bungalow. Granted 23rd August 1996.

(former curtilage of Summerland House)

81/0528 Erection of dwellinghouse. Refused. Appeal dismissed because of inadequate access off Caswell Road. 88/1932 Erection of one detached dwelling (outline). Approved June 1989. 89/0815 Erection of dwelling house. Approved subject to a Section 52 Agreement limiting further development and requiring provision of vehicle passing bay October 1989.

(Mermaid Cottage (access off Caswell Road)) 96/4155 Erection of one detached dwelling. Approved April 1996.

RESPONSE TO CONSULTATIONS

The application was advertised on site and two neighbours were individually consulted. SEVEN INDIVIDUAL LETTERS OF OBJECTION received from neighbouring residents which are summarised as follows: AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 5 (CONT’D) APPLICATION NO. 2008/0953

1. The parcel of land in question was a beautiful garden. 2. The condition on the appeal decision to replace trees does not appear to have been met. 3. Previous applications to build a house on this land have been rejected by the Authority. 4. The access road is a single track lane. 5. Concerns about highway and pedestrian safety from increased traffic. 6. We currently enjoy a clear view of rural woodland, the building will be in front of our building line and would have windows overlooking our currently private garden. This is unacceptable. 7. Disruption to wildlife. 8. This end section of our lane contains six houses grouped around an attractive open green area of which the plot forms a part. A seventh house will impinge on this space. 9. Particularly impinging on our property would be the visual impact blocking the vista at the end of our garden and concerns about congestion caused by construction vehicles blocking our access during the building phase. 10. When I purchased my property I was satisfied that the garden to the front of the Spinney was a protected ‘green space’ under covenant. 11. I have a right to connect to the cesspit within the scope of the planning application. I do not waive title to this right. 12. The applicants are not allowed to build on the land, as restrictive covenants are still in existence. 13. Proposed property is too big for the plot. 14. Impact on the character and appearance of the area. 15. Loss of privacy to our house during construction and after house is built. 16. Access to properties is already limited and blocked by parked vehicles. 17. We are concerned as to whether the road will bear the weight of heavy lorries delivering building materials and where lorries will turn. 18. Will we be assured of ‘uninterrupted access’ to our property during the building period for ourselves and emergency vehicles. 19. Overdevelopment and spoil the privacy of the existing dwellings. 20. Concerns relating to nuisance and annoyance from proposed development. 21. Out of keeping with the area.

Mumbles Community Council – We write to confirm that we are OBJECTING to the above planning application on the following grounds: ¾ Over intensification ¾ Out of keeping with the area.

Principal Officer (Tree Preservation) - Reinforce the planting particularly on the northern and eastern boundaries. I would prefer to remove the two openings for the access/egress and have more planting along that eastern boundary, putting in a couple of Birch or Field Maple, and similarly along the northern boundary.

The applicants have already planted the replacement tree on the north west corner referred to on the plans, with a single Davidia tree.

Landscaping details required plus a tree protection condition for existing trees on the site, LC04 and LC05 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 5 (CONT’D) APPLICATION NO. 2008/0953

Dŵr Cymru Welsh Water – No objection subject to the imposition of standard conditions and informatives.

Highway Observations: This proposal is to construct a new dwelling on land at The Spinney, Caswell Road, Caswell. The site is accessed via a privately maintained lane which joins Caswell Road near to Caswell Drive and already serves a number of dwellings.

Consent has been granted for development off the access lane previously however, apart from a development of 4 houses that replaced 4 existing flats, one house has been allowed and this was required to provide a passing place along the lane, and a further dwelling was allowed in the garden of Mermaid Cottage near the junction with Caswell Road.

The standard of the access track is lacking in adequate width and visibility together with an approach angle that further restricts vision for drivers emerging onto Caswell Road.

On balance, I consider that the application should be refused on the grounds that the access lane serving the site is narrow with poor visibility at its junction with Caswell Road, which it joins at an acute angle and any additional use brought about by a new dwelling could result in conflict between vehicles and vehicles and pedestrians to the detriment of highway safety.

Additional Plan submitted for Highway Consideration received 21st November 2008.

The applicant has submitted plans indicating an improved access to try and overcome the Highway objection. Visibility is shown to be improved and whilst widening of the access junction onto Caswell Road is indicated, it is unclear if the full width can be used due to the adverse level gradients involved.

Due to this uncertainty therefore, my conclusion is that the objections have not been overcome and therefore my recommendation for refusal remains, albeit amended as follows:

Refusal is recommended on the grounds that the access lane serving the site is narrow and joins Caswell Road at an acute angle therefore any additional use brought about by a new dwelling could result in conflict between vehicles and vehicles and pedestrians to the detriment of highway safety.

Comments from applicants Mr & Mrs P Griffiths

Letter in support of application A full copy of the letter is available on file and the main points are summarised below;

“We have requested planning permission for a four bedroom, Lodge style dwelling to be built in an enclosed walled area directly adjacent and opposite our house. Pre planning meeting indicated that the area of land identified may be considered to be generally in accordance with national and local policy. We applied for full planning and this culminated in a Negotiated Scheme. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 5 (CONT’D) APPLICATION NO. 2008/0953

Highways have objected to our application due to the junction from our private road onto Caswell Road.

Cutting back the undergrowth adjacent to the access junction has improved visibility and safety for everyone using this junction and the Public footpath.

For the volume of traffic in our road we did not believe structural changes were required at the road junction, however, because of Highways opinions, we invested a significant amount of time and effort including the commissioning of topographical surveys and consulting engineering input which obviously resulted in options of widening the junction at our expense.

In addition, alternative methods of road marking and traffic control, including provision of signage (e.g. no left turn up hill) were suggested as positive enhancements to the junction even though it was still our opinion that no improvements or enhancements were required.

There are numerous passing bays to accommodate the limited amount of traffic utilising our road. No record of any accident occurring at this junction.

As for the traffic using our junction, 98% is generated either from or towards Mumbles and enters our road by turning right, down the hill. Our road junction is a safer and easier entrance than the majority of other junctions that exist on Caswell road and is assisted by the fact that the road is at it’s widest at our junction.

We, as a family, have continually strived to improve and enhance the immediate environment and the surrounding area since moving into and living in this community; not only for our personal benefit, but for the mutual benefit of our neighbours and the public alike.

We hope our letter is of assistance and that you will be able to support our application with an informed and favourable outcome.”

Further comments received from the applicants in respect of the highway observations summarised as follows;

1. The issue of alleged poor visibility has been satisfied some time ago by the cutting back of shrubs and trees at and down approx forty yards from the junction.

2. Only one refusal before and on a different piece of land on the very same Highways grounds as now, which a few years later was applied for again and it was accepted after a site visit with no highways objections. A passing bay was created.

3. When a few years later the application for three 4/5 bedroom large houses were built along with our bungalow to replace Summerland House which had been turned into flats there were no Highway objections. A further passing bay was created.

4. My road is narrow with a low volume of traffic with numerous places to pass apart from the passing bays created with the properties mentioned above and the road has good visibility. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 5 (CONT’D) APPLICATION NO. 2008/0953

5. When the Councillors look at the junction I hope they will agree with us that there is good visibility at the junction and an additional property would make no difference as regards safety of vehicles or pedestrians at all, as was the case with previous successful applications.

6. The owner of Bishopswood House built a new house in the garden of his cottage in approx 1996. He uses our road junction to get to his house and there were no highway objections then either.

7. The junction of Hillgrove with Caswell Road just 100 yards from out junction has to be the most dangerous junction in the area. Permission was given for a further detached dwelling in approx. 1996 and the owner remembers no highway objection.

8. On reflection with all the information I have now gained on previous decisions the opinion of Highways on our application seems grossly unfair.

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Susan Waller and Councillor Richard Lewis.

Full planning permission is sought for the erection of one detached dwelling at The Spinney, Caswell Road. The design of the dwelling has been amended following a number of discussions and negotiations with the applicant’s agent, in consultation with the Council’s Principal Urban Designer.

Vehicular access would be gained from the private road which leads off from Caswell Road. The application site currently forms part of the garden of the bungalow known as ‘The Spinney’ and is separated from the host dwelling by the private access road. The application site measures approximately 31.6m in width at the widest point and approximately 26m in depth (from the access road to the rear boundary with Castle Cottage). The site plan indicates the position for the planting of a tree to replace the tree that was felled under planning application 2007/0533 allowed at Appeal. The Authority’s Principal Officer (Trees) has confirmed that the replacement tree has now been planted.

In this case the main issues to be considered are the visual impact of the proposal on the character and appearance of the area, the effect on the residential amenity of the neighbouring properties and the impact on highway safety, having regard to Policies EV1, EV2 and HC2 of the Swansea Unitary Development Plan. It is not considered that the provisions of the Human Rights Act raise any other overriding considerations.

Policy HC2 supports proposals for housing development within the urban area provided they do not give rise to significant adverse effects, for example, on the character and appearance of the area including urban green space, residential amenity and highway safety. Policies EV1 requires that new development shall accord with the objectives of good design and EV2 states that the siting of new development should give preference to the use of previously developed land over Greenfield sites and must have regard to the physical character and topography of the site and its surroundings. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 5 (CONT’D) APPLICATION NO. 2008/0953

Character and Appearance of the Area

The application site is situated on the edge of the urban settlement of Caswell on the fringe of the AONB and above Caswell Valley. In terms of the planning history of this particular application site, planning permission was granted in 1996 for the demolition of Summerland House and outbuildings and the construction of 3 detached houses and 1 bungalow. The application site forms a separate garden area belonging to the bungalow ‘The Spinney’. The neighbouring dwellings comprise a mixture of house types, both modern and traditional, set within varying plot sizes. The surrounding area of Caswell presents a wide range of housing including traditional houses of character and the more recent housing developments from the 1970’s. Given, the position of the application site on the edge of settlement and on the fringe of the AONB, Caswell Valley and common land, it is paramount that any proposed dwelling on this site achieves a high quality design that responds to, protects and enhances the inherent qualities of the area, whilst also respecting the residential amenity of surrounding properties.

A public footpath (MU23) runs from Caswell Road, along the private access road and around to the rear of the application site where it continues through to Summerland Lane. The proposed dwelling is contained within the application site and does not raise any issues with regard to diversion of the public footpath.

Visual Amenity

In relation to the original plans submitted for consideration, the dwelling has been designed with the intention of creating a form of Arts & Crafts style lodge. Following consultation with the Authority’s Urban Design Officer the amended plans submitted for consideration have addressed the initial concerns raised and include the reduction in the roof pitch, the dormers on the main elevation being made subservient and fenestration alterations. On this basis, subject to appropriate conditions to control the quality of materials; landscaping condition; and further details of the means of enclosing the plot boundaries, it is considered that given the varying housing styles and types within the immediate area, the proposed external finishes and the design and scale of the proposed development would not appear out of place at this location. In light of the above analysis, on balance, it is therefore considered that the proposal would not have a significant harmful effect upon the character and appearance of the streetscene, public views from the adjacent public footpath, the surrounding area or the visual relationship of the character of the adjacent Gower AONB boundary and Common Land, sufficient to warrant a recommendation of refusal.

Residential Amenity

In terms of the impact of the proposal on the residential amenity of the occupiers of the nearest neighbouring dwellings, the siting relationship of the proposed dwelling maintains a separation distance of approximately 22m from the front elevation of the bungalow ‘The Spinney’, and a separation distance of approximately 22m from the main front elevation of No.80 Caswell Road. The nearest window in the south east elevation of the proposed dwelling is within the roof space of the garage and faces towards the private access road and the front garden area of No.80, which is open to public view from the access road. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 5 (CONT’D) APPLICATION NO. 2008/0953

In terms of overlooking impact from the rear (north west) elevation, which faces towards the rear boundary of Castle Cottage, a separation distance of approximately 7.2m is shown from the proposed first floor window serving bedroom 3 to the rear boundary with Castle Cottage. This window proposes an ‘oriel style window’ in the form of a rectangular bay window which juts out from the main wall/roof plane of the dwelling, supported by brackets. The window would be finished with a flat lead roof and fixed obscure panes to the rear elevation. The side panes would be clear glazed and openable. The window faces towards the lower end of the western tip of the garden of Castle Cottage and this ‘oriel’ form of bay window affords limited oblique views from the side windows panes. Further screening is provided from the mature trees and planting on the boundaries of the site. In this respect, it is considered that there would be no significant unacceptable overlooking or loss of privacy impact from this bay window at first floor level.

The roof lights shown to bedroom 1 are secondary windows and as such an appropriate condition to position them 1.8m above floor level would ensure that there would be no overlooking or loss of privacy to the occupiers of Castle Cottage to the rear. The rear of the application site is screened by hedgerow and it is considered that appropriate boundary treatment would prevent any unacceptable overlooking or loss of privacy impact on the occupiers of Castle Cottage from the ground floor windows. The windows to the south west elevation overlook the private amenity space of the application property.

Having regard to the siting of the dwelling and the relationship with the nearest neighbouring dwellings, it is not considered that the proposed dwelling would give rise to any overbearing or overshadowing impacts in this instance. The separation distance is considered sufficient to ensure that the amenity of neighbouring residents is not unacceptably affected.

In light of the above analysis, it is not considered the proposed dwelling would result in any significant detrimental overlooking, overbearing or overshadowing impacts that could justify the refusal of this application on these issues alone.

Highway Safety and Access

In terms of issues of highway safety and access, the site is accessed via a privately maintained lane which joins Caswell Road near to Caswell Drive and already serves a number of dwellings. Consent has been granted for development off the access lane previously however, apart from a development of 4 houses that replaced the 4 existing flats in the former Summerland House, one dwelling was allowed in the garden adjacent to the former Summerland House with the requirement to provide a passing place along the lane, and one further dwelling was allowed in the garden of Mermaid Cottage near the junction with Caswell Road.

The standard of the access track is lacking in adequate width and visibility together with an approach angle that further restricts vision for drivers emerging onto Caswell Road. The applicant submitted illustrative plans indicating an improved access to try and overcome initial Highway concerns. However, whilst visibility was shown to be improved and widening of the access junction onto Caswell Road was indicated, it is unclear whether the full width of the access could be used due to the adverse level gradients involved. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 5 (CONT’D) APPLICATION NO. 2008/0953

Due to the uncertainty therefore, the Head of Transportation and Engineering’s recommends refusal of the application on the grounds that the access lane serving the site is narrow and joins Caswell Road at an acute angle therefore any additional use brought about by a new dwelling could result in conflict between vehicles and vehicles and pedestrians to the detriment of highway safety.

In respect of the illustrative plans submitted to try to address the highway concerns, it is noted that the works to improve the access include land that is not within the ownership or control of the applicant. These works are outside of the application site and are not considered as part of this application. The land adjoining the private access road leading off Caswell Road is Common Land situated within the boundary of the Area of Outstanding Natural Beauty (AONB). In addition to land ownership issues, any amendment or alteration to the existing access arrangements would be considered against Policy EV29 which protects Common Land from development and Policy EV26 which states that within the Gower AONB, the primary objective is the conservation and enhancement of the area’s natural beauty.

Impact of the proposal on Protected Trees

The Authority’s Principal Officer (Trees) has been consulted on this proposal and has no objection to the proposal subject to a condition to for the protection of trees during construction work and a landscaping condition to reinforce the planting particularly on the northern and eastern boundaries, and to consider one opening for the access/egress and have more planting along that eastern boundary, planting a couple of Birch or Field Maple, and similarly along the northern boundary. The applicants have already planted the replacement tree on the north west corner referred to on the plans, with a single Davidia tree.

Other Issues

Matters raised by third parties not covered in the main body of the report above include disturbance during construction and connection for sewerage. Disturbance during construction is an inevitable consequence of development and is normally regulated by other legislation. In terms of foul and surface water drainage Dŵr Cymru Welsh Water has indicated that they have no objection to the development. Loss of the view is not a material planning consideration. Finally, whilst the references to land charges and covenants restricting development in relation to the application site have been noted, this is a private matter to be resolved between the individual parties concerned any may prevent the implementation of any planning permission. The access is from a private road and therefore obstruction of the access route during building work and from indiscriminate parking would need to be controlled by the landowner.

In response to the most recent comments raised by the applicant in relation to the previous planning history for dwellings using the same access road, the applications referred to do not relate directly to this application site and date back to the 1980’s and 1990’s and were considered on their own merits. In particular, two additional dwellings have been approved with access from Caswell Road; Planning consent (ref: 89/0815) was granted for one dwelling in the garden adjacent to the former Summerland House and planning consent (ref: 96/4155) was granted for one detached dwelling at Mermaid Cottage, Caswell Road. The application that relates to the former Summerland House (Ref: 96/4108) was for the erection of 3 detached houses and 1 detached bungalow. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 5 (CONT’D) APPLICATION NO. 2008/0953

This application was for the demolition of Summerland House which was in the form of 2 large flats and 2 smaller flats which had long been established and the construction of four houses to replace the four flats. It was considered during the determination of this application that replacing 4 flats with 4 houses would be unlikely to generate significant additional traffic along the access lane. As such, the Director of Highways had no objection to the development subject to an additional passing bay as close as possible to the junction with Caswell Road.

Conclusion

In light of all the above factors it is considered that the scale, design and external appearance of the proposal would be in keeping with the character and appearance of the surrounding area, and is an appropriate form of development which would not have a significant unacceptable impact upon the visual and residential amenities currently enjoyed in the vicinity. Nevertheless, despite the attempts by the applicant to improve the access to try and overcome the highway objections, the conclusion of the Head of Transportation and Engineering is that the objections have not been overcome and the recommendation for refusal remains. The Head of Transportation and Engineering considers that the application should be refused on the grounds that the access lane serving the site is narrow with poor visibility at its junction with Caswell Road, which it joins at an acute angle and any additional use brought about by a new dwelling could result in conflict between vehicles and vehicles and pedestrians to the detriment of highway safety. The proposal is therefore contrary to Policies EV1 and HC2 of the Unitary Development Plan. Refusal of planning permission is therefore justified.

RECOMMENDATION

REFUSE, for the following reason;

1 The access lane serving the application site is narrow and joins Caswell Road at an acute angle, and the proposal by virtue of any additional use brought about a new dwelling would result in conflict between vehicles and between vehicles and pedestrians to the detriment of highway safety, contrary to Policies EV1 and HC2 of the Swansea Unitary Development Plan.

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 and HC2 of the Swansea Unitary Development Plan.

PLANS

Site location plan received 7th May 2008. Amended block plan C700/07/BPLN01C received 29th July 2008, C700/07/02D first floor plan and south east elevation, C700/07/03D south west elevation, C700/07/04C north east elevation, C700/07/07E north west elevation and ground floor plan received 21st November 2008.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 6 APPLICATION NO. 2009/0254 WARD: Area 2 Newton

Location: Langland Bay Manor, Langland Bay Road, Langland, Swansea, SA3 4QH Proposal: Construction of a detached dwelling house with associated parking Applicant: H & P Estates

BACKGROUND INFORMATION

This application was DEFERRED FOR A SITE VISIT at Area 2 Committee on 4th August 2009 to assess the impact upon the Conservation Area.

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 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 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)

Policy EV12 The character of lanes and public paths that contribute to the amenity, natural and historical qualities of an area will be protected. (City & County of Swansea Unitary Development Plan 2008)

Policy EV30 Protection and improved management of woodlands, trees and hedgerows which are important for their visual amenity, historic environment, natural heritage, and/or recreation value will be encouraged. (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 – 25TH AUGUST 2009

ITEM 6 (CONT’D) APPLICATION NO. 2009/0254

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)

SITE HISTORY

App No. Proposal 2003/0442 External alterations to replace existing basement window with fire escape door, internal alterations to provide increase in size of existing lift (Application for Listed Building Consent) Decision: Grant Listed Build Consent (C) Decision Date: 23/07/2003

2005/2420 Conversion of convalescent home (Class C2) to 27 residential apartments (Class C3) with single storey rear extension, first floor extension to rear annexe addition of pitched roof over part of existing rear annexe and external alterations Decision: Grant Permission Conditional Decision Date: 16/05/2006

2005/2418 Single storey rear extension, first floor extension to rear annexe, addition of pitched roof over part of existing rear annexe, external alterations including the replacement of the existing access steps on front elevation with new access to basement, demolition of existing flat roof kitchen extension and fire escape, replacement of existing timber sash windows on rear elevation with purpose made timber double glazed units, internal alterations including the re-instatement of the original staircase, removal of existing lift shaft and replacement with new lift shaft and stairway, construction of new internal walls, formation of new openings and installation of new internal doors (application for Listed Building Consent) Decision: Grant Listed Build Consent (C) Decision Date: 06/06/2006

2007/2435 Variation of conditions 10 & 11 of planning permission 2005/2420 granted on 16th May 2006 to allow for the details of the bin stores, drying areas and additional planting to be submitted after occupation of the units Decision: Grant Permission Conditional Decision Date: 20/12/2007

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 6 (CONT’D) APPLICATION NO. 2009/0254

93/1255 FORMATION OF DISABLED PERSONS ACCESS RAMP AND NEW STEPS ACCESS (LISTED BUILDING CONSENT) Decision: *HGCC - GRANT CONSENT WITH CONDITIONS Decision Date: 17/02/1994

93/1256 FORMATION OF DISABLED PERSONS ACCESS RAMP AND NEW STEPS ACCESS Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 08/02/1994

99/0223 REPLACEMENT OF EXISTING ASBESTOS ROOF TILES WITH GREY DURACEM TILES (APPLICATION FOR LISTED BUILDING CONSENT) Decision: *HGCC - GRANT CONSENT WITH CONDITIONS Decision Date: 04/05/1999

2001/1950 Erection of two 2.7 metre high colinear antennae enclosed within two 8.70 metre high glass fibre flag poles on top of existing building Decision: Appeal Allowed Decision Date: 25/04/2003

2001/1951 Erection of two 2.7 metre high colinear antennae enclosed within two 8.70 metre high glass fibre flag poles on top of existing building (Application for Listed Building Consent) Decision: Grant Listed Build Consent (C) Decision Date: 25/06/2003

RESPONSE TO CONSULTATIONS

The application was advertised on site and in the Press as a development within the Langland Bay Conservation Area and a development which might materially affect the setting of a listed building. Neighbouring occupiers were also consulted, including (at request) the managing agent for the 27 apartments at Langland Bay Manor. As a result SEVEN LETTERS OF OBJECTION have been received, which can be summarised as follows:-

1. Concern that several trees (more than 9) have been felled in the Conservation Area without consent. The loss of the trees has had an adverse visual impact on the area. 2. The presence of the trees might have had a significant bearing on the determination of this application. 3. Concern that any agreed plans may not be adhered to, particularly given the contempt already shown. 4. The original gatehouse was demolished more than 40 years ago and replaced by a garage, which is now the context within which any development must be considered, so it is not a replacement dwelling. 5. The height is not clear in the application and must be restricted to minimise visual impact. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 6 (CONT’D) APPLICATION NO. 2009/0254

6. The development crosses the boundary wall of the Manor, requiring its demolition, which is not in keeping with the spirit of the existing development considerably changing the view of the Manor entrance. 7. The dwelling would be shoe-horned into the plot considerably changing the local vista of a wooded hillside and high class entrance to the Manor. 8. A more modest dwelling in footprint and single storey height would be more appropriate. 9. The development will spoil the mature grounds of the Manor and will represent an overdevelopment of the site. 10. The proposed building protrudes through the gated entrance wall and be larger than the previous gatehouse. 11. Concern regarding the integrity of the limestone cliff above the proposed development. 12. As the building is within the curtilage of the Manor the proposed dwelling is in breach of the lease for the apartments in the Manor which gives the lessees rights of way over the grounds, and obliges the landlords to allow quiet enjoyment of such rights. 13. Surprised that the individual leaseholders were not informed of the development directly by the Council. 14. The application suggests that the development would enhance the appearance of the area because of the replacement of the unsightly garage building. Aesthetic improvement could be simply achieved by demolition of this garage.

Glamorgan Gwent Archaeological Trust Ltd – The information in the Historic Environment Record shows that the Langland Bay Manor is shown on the first edition OS map of 1880, where it is named as Longland, and the lodge building that is concerned in this application is also shown. The lodge, as noted in the supporting information, has undergone partial demolition and alteration since the mid 20th century. The Historic Environment Record contains no information suggesting that it was built on the site of any earlier settlement, nor does it suggest that any archaeological features are present in the vicinity. As the archaeological advisers to your Members, it is our opinion that there will be no archaeological restraint to this proposed development and therefore we have no objection to the determination of this application. You will note that the above decision is based on the information available to us and it remains possible that archaeological evidence, in particular artefacts, could be found during the construction work required for this development. If such a find is made we would be grateful if we could be informed of the discovery in order to up-date our records.

Mumbles Community Council – No objection.

Highways Observations – This proposal requires 2 parking spaces, room for which is indicated on the submitted plans. I recommend that no highway objections are raised.

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Susan Waller Thomas. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 6 (CONT’D) APPLICATION NO. 2009/0254

The Proposal

Full planning permission is sought for the construction of a detached two-storey, two bedroom dwelling located largely within the grounds of a Grade II listed building, Langland Bay Manor. This building is listed as a substantial Victorian Industrialist’s house in a prominent location that was converted to 27 residential apartments in the last two years. The site is also located within the Langland Bay Conservation Area.

The proposal seeks to reinstate the original ‘gothic style’ gatehouse that once occupied the site, before it was demolished (reason unknown) in the 1960’s. The gatehouse formed an integral and attractive part of the entrance to the original Victorian residence and was built at the same time as the residence in 1864.

The proposed dwelling would replace an existing unsightly and dilapidated garage situated behind the wall at the entrance. A section of the wall would be removed as part of the proposal in order to accommodate the footprint of the dwelling. Part of the bank in front of the rock face would also need to be removed.

The L-shaped dwelling would have a width of approximately 10.5 metres (excluding bay window) and depth of approximately 7.3 metres (excluding bay window) with a height of approximately 6.2 metres (excluding chimney and ornamental detailing). The accommodation would comprise of a lounge, dining room and kitchen at ground floor level and two bedrooms and a bathroom at first floor level.

Mains Issues

The site is located within the urban area whereby the principle of residential development is acceptable subject to compatibility with relevant policies of the Development Plan, the City and County of Swansea Unitary Development Plan. In light of this the main issues for consideration with this application are the impact of the development upon the character and appearance of the area, the residential amenities of neighbouring occupiers and highway safety.

Character and Appearance of the Area

As stated previously the site is located within the Langland Bay Conservation Area. Policy EV9 requires development within such areas to preserve or enhance the character or appearance of the area by ensuring it responds to its special characteristics including important views and vistas, trees, scale, height, massing and architectural design. Policy HC2 supports these principles and requires development to respect the character and appearance of the area and ensure that it does not result in cramped/over intensive development.

Policy EV1 requires development to be appropriate to its local context, including having regard to the desirability of preserving the setting of any listed building whereby Policy EV2 seeks to ensure that development avoids locations that would have a significant adverse impact on prominent landscapes and ensure that proposals effectively integrate with the landscape. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 6 (CONT’D) APPLICATION NO. 2009/0254

Policy EV12 requires the character of lane and public paths that contribute to the amenity, natural and historic qualities of an area to be protected whereas Policy EV30 supports the protection of trees which are important for their visual amenity.

As has previously been indicated the proposal is to re-instate the former gatehouse that once occupied the site. The proposal would match the original architectural style of the earlier building using natural materials and unique character features that would preserve the setting of the associated listed building and, it is considered, enhance the character and appearance of the Langland Bay Conservation Area.

The area of land upon which the dwelling is proposed to be constructed is modest and whilst in most circumstances it be could be construed as over development, in this instance it is considered that the development of the land through the reinstatement of the former gatehouse would complete the Victorian residence restoration project thereby preserving the historic form and setting of the original building.

The proposed dwelling would have a small area of amenity space to the front of the dwelling, which is proposed to be enclosed by a hedge, and whilst this space would not be strictly private this is a fairly common feature for ‘gatehouse’ properties. A landscaping condition is recommended to require details of the planting to be agreed and in view of its visual prominence a further condition is recommended preventing the siting of garden paraphernalia in the front garden area. Furthermore given the very constrained nature of the site it is also recommended that all permitted development rights are removed for the dwelling.

The proposed parking area would have a negligible impact upon the character and appearance of the area, particularly given the existing screening and potential for additional screening.

Several local residents have raised concern about the unlawful felling of trees within the Conservation Area. This is something that the Council’s Tree Officer was made aware of at the time when he spoke with residents and subsequently met the applicant on site. The trees were in the Conservation Area and a written Section 211 Notice should have been submitted. No such notice was submitted however the applicant stated that the trees were hanging low over the garage building and one had partly collapsed onto the roof. The remaining trees were growing out at an angle out of the vertical rock face. Whilst this is accepted the Council should have been notified. The owner has therefore committed an offence. The trees were not considered to be worthy of a TPO and therefore any Section 211 Notice would not have resulted in an Order being served to protect the trees. The local residents are expectedly angered that the applicant has flouted the law in respect of the trees and some mitigation is therefore required. Under Section 213 of the Town and Country Planning Act 1990 the applicant is required to replace any trees unlawfully felled. This is being pursued as a separate matter to the consideration of this application given that it would be required irrespective of whether permission is granted or refused.

In light of the above it is considered that the proposal conforms to Policies EV1, EV2, EV9, EV12, EV30 and HC2 of the City and County of Swansea Unitary Development Plan in respect of visual amenity. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 6 (CONT’D) APPLICATION NO. 2009/0254

Residential Amenity

Policy EV1 requires proposals to not result in a detrimental impact on local amenity in terms of visual impact, loss of light or privacy whereby Policy HC2 supports development that does not result in a significant loss of residential amenity.

The application site is considered to be sited sufficiently far away from any other residential properties so as not to give rise to any significant harm in the form of any visual, physical overbearing, overshadowing or overlooking factors. There are properties on land significantly above the application site but none of these properties are readily visible from the site. Langland Court Manor itself, which comprises 27 apartments, is situated more than 100 metres away from the application site and any other residential properties are on the opposite side of Langland Bay Road. The proposal therefore conforms to Policy EV1 and HC2 of the City and County of Swansea Unitary Development Plan in respect of residential amenity.

As stated above, whilst the proposed dwelling will have a limited are of private amenity space, given the sites proximity to Langland Bay it is considered that the future occupiers of the dwelling will benefit from an acceptable level of amenity in this instance.

Some concern has been raised about land stability in the area although it not considered to be an overriding concern in this instance given the very limited impact that the build would have on the rock face. Furthermore, this is a matter that would be considered under the Building Regulations.

Matters associated with the leases of the apartment occupiers is a separate matter outside of the control of planning legislation and not therefore a material planning consideration.

Highway Safety

Policies EV1 and HC2 seek to ensure that developments do not give rise to significant harm to highway safety whereby Policy AS6 seeks the provision of parking to meet adopted standards.

The proposed access to the site is via the existing gated access to Langland Manor and two parking spaces are proposed to the south of the access road which satisfies the Council’s adopted standards. The Head of Transportation and Engineering raises no objection to the development which therefore conforms to Policies EV1, HC2 and AS6 of the City and County of Swansea Unitary Development Plan in respect of highway safety.

Conclusion

In light of the above analysis it is considered that the proposal represents an acceptable form of development that would enhance the character and appearance of the Langland Bay Conservation Area and preserve the setting of the nearby listed building. It is not considered that the proposal would detract from the residential amenities of neighbouring occupiers and it would not adversely affect highway safety. It therefore conforms to the relevant policies of the Development Plan and approval of planning permission is justified. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 6 (CONT’D) APPLICATION NO. 2009/0254

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 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or amending that Order), Part 1 and 2 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.

4 No garden structures or domestic paraphernalia shall be erected within the grass/amenity space area, as indicated on Drawing No. 167-72 received on 18th February 2009, unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interest of the visual amenities of the surrounding area given the existence of the listed building and conservation area status.

5 The two parking spaces indicated on the submitted plans shall be provided prior to the beneficial occupation of the dwelling commencing and once the dwelling is occupied the parking spaces shall thereafter be retained for the parking of vehicles associated with the occupation of the dwelling. Reason: In the interest of highway safety.

INFORMATIVES

1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: EV1, EV2, EV3, EV9, EV12, EV30, HC2, AS6. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 6 (CONT’D) APPLICATION NO. 2009/0254

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

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

4 Birds may be present in the roof of 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.

PLANS

167-66 site location plan, 167-67 existing block plan, proposed block plan, existing foul drain route, 167-68 parking provision drawing, 167-70 front & side external elevations, 167-71 west & north external elevations, 167-72 ground floor layout plan, 167-73 first floor plan layout, 167-75 sectional elevation detailed views, 167-69 former gatehouse area existing survey, 167-74 roof plan layout, 167-77 typical details, 167-76 ground floor bay windows typical detail, 1667-78 typical detail received 18th February 2009

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 7 APPLICATION NO. 2009/0699 WARD: Area 2 Penllergaer

Location: Land at Foresters House/Penbwl Woods, Old Llangyfelach Road, Penllergaer Swansea Proposal: New access road and foul water pipeline Applicant: Cambrian Construction Ltd

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).

SITE HISTORY

App No. Proposal 2006/1966 Eight detached dwellings with garaging and parking with associated access and landscaping works and off site drainage connections. Decision: Refuse Decision Date: 15/08/2007

2005/2125 Residential development (outline) Decision: Grant Permission Conditional Decision Date: 21/03/2006

2008/0123 Removal of condition 09 of planning permission 2005/2125 granted 21st March 2006 to remove the restriction that the development has to be orientated in a northerly direction Decision: Refuse Decision Date: 28/05/2008

2009/0383 Construction of 8 detached dwellings (details of siting, design, external appearance, access, landscaping and parking pursuant to conditions 1, 5, 7 and 9 of planning permission 2005/2125 granted on 21st March 2006) Decision: Grant Permission Conditional Decision Date: 25/08/2009

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 7 (CONT’D) APPLICATION NO. 2009/0699

RESPONSE TO CONSULTATIONS

The application was advertised on site and twelve neighbouring properties consulted. FOUR LETTERS OF OBJECTION received which are summarised as follows:

• The appeal inspector previously stated that “the tarmacadem carriageway of Old Llangyfelach Road does not extend – at least at the surface – as far as the proposed site access. • The removal of the existing foliage including shrubs, young trees and a mature boundary hedge would mean the removal of a significant visual amenity. • The removal of the boundary hedge and the extension of Old Llangyfelach Road to within very close proximity of the A483 would create a safety risk to the public, children and other could easily access the busy highway. • The proposed works on the road will have a significant adverse impact upon both residential and visual amenity. • The proposal will impact upon the security of properties in Clos Cilfwnwr as the laying of the pipeline will form a track through Penbwl Woods to the Old Llangyfelach Road. • This would attract both opportunistic and serious hardened criminals. • Parents of young children would be very concerned to let their children play outside. With today’s technology it is easy to establish properties where children reside and a waiting car could be parked as close 100m from rear gardens. This is the reason previous proposals to develop a play area between Clos Cilfwnwr and Clos Dafydd was turned down. • The woodland will now become easily accessible for older teenage children and is likely to attract anti-social behaviour as well as creating a thoroughfare through to Clos Cilfwnwr. • The trees act as a noise barrier to the sound nuisance caused by the adjacent busy A483. The removal of any trees will allow this noise to permeate through to the residential properties. • How can anyone consider purchasing a property situated adjacent to a motorway roundabout. • The houses should not be connected to the mains sewer and a pedestrian access not formed through the woodland. • The clearance, disturbance or removal of any greenery within the protected woodland makes a mockery of the protection order. • The woodland acts as a vital pollution barrier as well as noise barrier form the adjacent A483. • The loss of greenery would adversely affect the outlook from neighbouring properties. • Many recently approved significant housing schemes within Penllergaer are not complete with many of the houses failing to sell. More houses are the last thing needed in Penllergaer. • The surge of new houses in Penllergaer has out immense pressure on the local school with local children and their siblings failing to be accommodated.

Penllergaer Community Council – OBJECT to the proposal on the grounds that Penbwl Woods is an area of Green Belt identified in the UDP and contains numerous trees protected by preservation orders as well as a array of established plants and shrubbery which would be destroyed if this proposal is allowed to proceed. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 7 (CONT’D) APPLICATION NO. 2009/0699

Welsh Water – We consider the drainage arrangements to be acceptable in principle. The connection point for the development will be between manhole references SS62990002 and SS6299010 on the enclosed plan. It will be necessary for the applicant to make an application to connect to the public sewerage system in due course under Section 106 of the Water Industry Act 1991.

Countryside Council for Wales – does not object to the proposal subject to compliance with suggested recommendation in the submitted badger report.

Highways Observations - Outline consent has been granted for this development. The proposed access arrangements are satisfactory and propose an access road to adopted standards. Part of the old Llangyfelach Road will need to be included within the road adoption agreement as this end section has been stopped up. This aspect will be covered under the necessary road adoption agreement.

Concern has been raised regarding the possible future need to improve the adjacent Junction 47 of the M4 and that development of this site would prejudice that improvement. There is currently no approved scheme for such an improvement and as development cannot be resisted or restricted on the basis that a scheme might be needed in the future, there are no defensible highway grounds on which to resist this proposal.

I recommend no highway objections subject to all access roads being complete prior to occupation of any dwelling within the development.

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Wendy Fitzgerald.

This application seeks full planning permission for new access road work and foul water pipeline on land at Foresters House/Penbwl Woods Penllergaer. This application seeks permission for the off-site works associated with a concurrent planning application 2009/0383 which seeks reserved matters approval for the construction of 8 detached dwellings on land east of Foresters House.

Outline planning permission was granted in March 2006, when the principle of the residential use of the land was established. A subsequent planning application for the construction of 8 dwellings was refused in August 2007, and whilst subsequently dismissed at appeal, the dismissal was based on a technicality rather than on any merit or principle.

The application site involves an area some 60m in length at the end of the Old Llangyfelach Road which will form the proposed access together with a further 60m strip through Penbwl Woods to accommodate the proposed pipeline. The site is located immediately adjacent to Junction 47 of the M4 and approximately 0.3km north of the centre of Penllergaer. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 7 (CONT’D) APPLICATION NO. 2009/0699

The proposed new shared access road to serve the housing development will be located adjacent to the eastern periphery of the housing application site, however part of the Old Llangyfelach Road forward of the development site will need to be included within the road adoption agreement as this end section has been stopped up, hence the submission of this application for off-site works. This aspect will be covered under the necessary road adoption agreement.

Concern has been raised regarding the possible future need to improve the adjacent Junction 47 of the M4 and that development of this site would prejudice that improvement. There is currently no approved scheme for such an improvement and as development cannot be resisted or restricted on the basis that a scheme might be needed in the future, there are no defensible highway grounds on which to resist this proposal.

The proposed access arrangements are satisfactory and propose an access road to adopted standards and as such the Head of Transportation and Engineering raises no objection to the proposal subject to all access roads being complete prior to occupation of any dwelling within the development.

Turning now to the proposed drainage arrangements. During the consideration of previous planning applications the means of foul water disposal was changed from mains connection to the installation of a private wastewater treatment, however consultation with Environment Agency Wales found this to be unacceptable and the applicants at the time therefore negotiated a drainage route across third party land that would allow connection to Welsh Waters sewerage pumping station at Clos Cilfwnwr. This current proposal remains unchanged from the aforementioned scheme and the exact details of the sewerage works include the provision of a private rising main via private maintained pumping station situated near the entrance to the housing site which then traverses Penbwl Woods leading to a connection to the main foul sewer at Clos Cilfwnwr. Dwr Cymru Welsh Water have confirmed that they are satisfied with this proposal.

Justification for this chosen route has been sought together with the exploration of alternative routes that would not involve disturbing Penbwl Woods. The applicant’s agents have advised that, as with the previous applications at this location a number of options have been explored in conjunction with Dwr Cymru and the Environment Agency Wales. The foul sewer layout for Clos Cilfwnwr pumping station and surrounding area shows that the foul connections gravitate to the pumping station and are then pumped up to North Croft and gravitate again towards the Police Station. The only foul connection running towards the carriageway in the direction of the Civic Centre is what is believed to be an overflow from the pumping station, connection to this point is therefore an unworkable option.

The route of the proposed drainage solution via Penbwl Woods has, however, given rise to additional concerns regarding the impact upon this protected woodland. The Departments Tree Preservation Officer has visited the site and had sight of the proposed course of the pipe work and details of the extent of the excavation have been provided. The pipe diameter is 65mm to be laid at a depth of 600mm, thus the working area is considered fairly narrow and so it is further considered possible to complete the works without extensive loss of trees. Furthermore the route of the pipe can be flexible if it were to encounter any major trees or roots. The works would potentially necessitate the loss of rhododendron and a few birch, the impact upon visual amenities is considered limited as the corner of woodland affected is concealed away from the residential area. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 7 (CONT’D) APPLICATION NO. 2009/0699

In any event, it is considered that with regeneration, any loss of such planting would be adequately replaced within a few years. A condition is however recommended to ensure adequate protection of the woodland.

Concern has also expressed over the loss of Rhododendron and the suggestion that this would in effect be a contravention of the existing Tree Preservation Order which cover Penbwl Woods in its entirety. Following detailed consultation the Departments Tree Preservation Officer it is important to note that Rhododendron is a shrub species and as such would not be eligible for protection under a Tree Preservation Order. Rhododendron is destructive and therefore an undesirable species as it shades out the natural regeneration of the native woodland species. It is also noteworthy that there a number of schemes of rhododendron clearance being carried out in protected woodlands in Swansea at present.

An early ecological evaluation of the site established that the woodland and in particular the rhododendron coverage may be host to badgers and as such a badger survey was requested and subsequently submitted. The report concludes that there is no evidence of badgers present on, or otherwise utilising the site. However should any works approved on site not be carried out within 12 months then further survey work will be necessary to ensure no new badger activity has commenced.

Finally with regard to the objection letters received, the main points raised relate to the necessity of the proposal and the potential for alternatives; however this point has been addressed in detail above. Similarly points relating to the impact of the proposal upon established and protected trees, together with the ecological activity on site have been addressed above. Further observations relating to the security provided by Penbwl Woods to the neighbouring properties at Clos Cilfwnwr, are noted, but is not regarded as material to the consideration of this application, and in any event the limited clearance that will occur is likely to fully revegitate in a short period of time. The issue of the loss of trees resulting in increased noise nuisance is noted; however it is important to note that the removal of shrubs is limited in the main to rhododendron clearance. Further points relating to the likelihood of the dwelling being purchased at this location are not material to the consideration of the application. Finally the observation relating to local schools being full to capacity as a result of local development is acknowledged. It should be recognised, however, that this is a reserved matters application and the scale of the proposal for 8 houses however falls beneath the normal threshold where consultation with the Director of Education would be undertaken. As for the other larger development sites within Penllergaer, full consideration of the implications of the schemes upon local schools would have been considered during the determination of those applications.

In conclusion therefore and having regard to all material considerations including the Human Rights Act, the proposal is considered an appropriate form of development that will have limited impact upon the visual and residential amenities of the area and will compromise or prejudice current highway safety standards. The proposal is therefore considered to accord with the provisions of Polices EV1 and EV2 of the Unitary Development Plan and approval is therefore recommended.

RECOMMENDATION

APPROVE, subject to the following conditions: AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 7 (CONT’D) APPLICATION NO. 2009/0699

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

2 The development shall be completed in accordance with the recommendations of the Badger Survey report dated July 2009. Should the foul water pipeline hereby approved not be completed within 12 months from the date of this planning permission no works to the pipeline shall be commenced until a further Badger Survey report has been submitted to and approved in writing by the Local Planning Authority. Reason: In the interest of the ecology and amenity of the area

3 The Local Planning Authority shall be notified a minimum of seven days in advance of any drainage works being carried out. Reason: To secure the protection of trees growing on the site whilst the development is being carried out.

INFORMATIVES

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

2 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.

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

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 7 (CONT’D) APPLICATION NO. 2009/0699

4 If the works hereby approved are not carried out within 12 months of the date of this decision the survey work shall be updated to ensure no new badger activity has commenced on site.

5 The applicants attention is drawn to good site working practices in relation to wildlife and in particular mammals. The following recommendations should be followed. . no trenches to be left uncovered and providing an escape ramp at one end for mammals . siting any compounds/fires/chemical storage away from the woodland areas . trenches should be checked first thing in the morning to ensure no mammals have become trapped overnight should any badgers be noted on the site, or any potential setts found, work should halt and a suitably qualified ecologist and the Countryside Council for Wales contacted.

6 It will be necessary for the applicant to make an application to connect to the public sewerage system in due course under Section 106 of the Water Industry Act 1991.

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

PLANS

IL30443.01 site location plan, 39/08/HJ block plan received 8th May 2009

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 8 APPLICATION NO. 2009/0383 WARD: Area 2 Penllergaer

Location: Land east of Foresters House, Old Llangyfelach Road, Penllergaer, Swansea Proposal: Construction of 8 detached dwellings (details of siting, design, external appearance, access, landscaping and parking pursuant to conditions 1, 5, 7 and 9 of planning permission 2005/2125 granted on 21st March 2006) Applicant: Cambrian Construction

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).

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)

SITE HISTORY

App No. Proposal 2006/1966 Eight detached dwellings with garaging and parking with associated access and landscaping works and off site drainage connections. Decision: Refuse Decision Date: 15/08/2007

2008/0123 Removal of condition 09 of planning permission 2005/2125 granted 21st March 2006 to remove the restriction that the development has to be orientated in a northerly direction Decision: Refuse Decision Date: 28/05/2008 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 8 (CONT’D) APPLICATION NO. 2009/0383

2005/2125 Residential development (outline) Decision: Grant Permission Conditional Decision Date: 21/03/2006

2009/0699 New access road and foul water pipeline Decision: Officer Consideration Decision Date: 11/08/2009

RESPONSE TO CONSULTATIONS

Application advertised on site and three neighbouring properties consulted. ONE LETTER OF OBSERVATION received which is summarised below:

• The application form indicates that there will not be a new access to a public road or alteration to an existing access. The tarmacadam carriageway of Llangyfelach Road does not extend as far as the proposed access site. The land 10 or so of the road needed to reach the site is covered with vegetation and a boundary hedge which provides substantial visual amenity to the end of the road. • Drainage solutions are proposed in separate parallel application. Staff at the planning department were unaware of such a parallel application at the time of writing. • The comments of the previous appeal inspector Mr. Ian Osborne clearly indicate that he considered that access to Llangyfelach Road to be an unresolved issue. Extending the road would take it very close to the A483 and remove the mature hedge and emerging trees destroying a significant visual amenity.

Penllergaer Community Council – OBJECT for the following reasons: -

1. Except for the mix of dwellings, the concerns and objections raised to the original application have not been addressed.

2. The Council is also concerned at the detrimental environmental impact of the proposed development on the existing character of the area and objects to the application in the strongest terms.

Highway Observations - Amended Observations.

Outline consent has been granted for this development. The proposed access arrangements are satisfactory and propose an access road to adopted standards. Parking is indicated at 2 spaces per dwelling which accords with parking guidelines and as specified in the outline consent.

I recommend no highway objections subject to all access roads being complete prior to occupation of any dwelling within the development.

Concern has been raised regarding the possible future need to improve the adjacent Junction 47 of the M4 and that development of this site would prejudice that improvement. There is currently no approved scheme for such an improvement and as development cannot be resisted or restricted on the basis that a scheme might be needed in the future, there are no defensible highway grounds on which to resist this proposal. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 8 (CONT’D) APPLICATION NO. 2009/0383

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Wendy Fitzgerald.

This application seeks reserved matters approval for the erection of 8 detached houses, with associated landscaping and highway works on land east of Foresters House, Old Llangyfelach Road, Penllergaer.

The planning history relating to this site is of particular importance when considering this current submission and is summarised as follows:

Outline planning permission was granted in March 2006, when the principle of the residential use of the land was established, however all detailed matters were reserved for later subsequent approval.

Nine conditions were attached to the outline planning permission some of which related to the timescale for submission of reserved matters and commencement of development, others relate to pre-commencement conditions whilst others referred to design details to be agreed at reserved matters stage.

Condition No. 9 of the outline consent stated that:

“The development shall be orientated in a northerly direction with the development fronting the roundabout controlled junction of the A483 and the A48”

The subsequent reserved matters application Ref: 2006/1966 was refused by this Authority and subsequently dismissed at Appeal.

A further application (Ref: 2008/0123) for the removal of Condition 09 above was also refused by this Committee in May 2008.

In his report, the Inspector did not comment on the principle of this condition but noted that the appeal proposal did not comply with condition 9 as plots 7 and 8 faced to the south- east. It was on this basis that the Inspector felt he could not allow the Appeal as a reserved matters application. Plots 7 and 8 have therefore been re-orientated as part of this proposal and now face north-east (as previously considered appropriate by the Inspector). It is therefore concluded that the current proposal can be considered as a reserved matters application pursuant to outline planning permission 2005/2125.

The main issues for consideration in this instance relate to the acceptability of the proposal in terms of impact upon the character and appearance of the area, the residential amenities of adjoining occupiers and highway safety. Drainage issues also require consideration. There are in this instance no additional overriding issues to consider under the provisions of the Human Rights Act.

The application site is an irregular shaped parcel of land which gently falls in gradient from east to west. The site is located immediately adjacent to Junction 47 of the M4 and approximately 0.3km north of the centre of Penllergaer. The land is bounded to the north by the A48, to the south by the Old Llangyfelach Road, to the east by the A483 with Foresters House located to the west. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 8 (CONT’D) APPLICATION NO. 2009/0383

The site is characterised by a bramble-dominated hedge line along the northern boundary, and three short lengths containing a mixture of trees and hedging along the southern boundary.

The proposed dwellings comprise two designs; plots 1, 2, 7 and 8 are three-bedroom “Brecon” type dwellings and plots 3, 4, 5 and 6 are the larger four-bedroom “Dynevor” type dwellings. The proposed dwellings are each orientated in a northerly direction facing the roundabout controlled junction of the M4/A48/A483 etc.

A new shared access road will be located adjacent to the eastern periphery of the site which will continue for a length of some 45m before proceeding westerly into the centre of the site and providing a central turning head. Plots 1, 2, 3 and 4 are to use a shared access to their properties and garages directly from the new road, plots 5, 6, 7, and 8 will each have an extended shared access form the new road.

The layout of the site is inevitably dictated by the access arrangements and as such three of the dwellings will be constructed fronting the new access road orientated in an easterly direction while the remaining 5 dwellings will focus around the internal turning areas. One detached block of four garages will be located in between plots 2 and 4 abutting the southern site boundary.

In terms of the visual impact of the development, the site is located at a busy roundabout and traffic light controlled junction off the A483 and A48. Whilst the development proposed is at a higher density than was envisaged at the outline stage Planning Policy Wales (March 2002), at paragraph 2.5.3 in particular, encourages higher density residential development within urban areas well served by public transport as a means of satisfying sustainable development objectives. Furthermore, the Planning Inspector in respect of application Ref: 2006/1966 was of the view that “the proposed density of about 20 dph would be acceptable on the edge of this large village, much of which is already urban in character”. The current proposal seeks consent for 8 detached dwellings which, it is considered, can be accommodated on the site without having an adverse impact on the character or appearance of the surrounding area.

Satisfactory levels of residential amenity space are afforded to the front, side and rear of all the proposed dwellings together with ample levels of off-street parking and turning facilities. The proposal also satisfies standard development control criteria relating to separation distances between properties.

The proposed house types are considered appropriate to this location and overall the siting, scale, design, general layout and inter relationships within the site are acceptable. The external finishes will comprise of smooth render finish coloured cream to all the dwellings with dark grey concrete roof tiles and a contrasting terracotta ridge tile. It is considered that the proposal as a whole includes positive design attributes, which relate to both the emerging character of the area and which, it is considered, positively contribute towards creating a good sense of place.

With reference to trees and landscaping features within the application site, whilst the site boundaries are currently defined by a mixture of indigenous trees and planting of varying height and density, a site inspection by the Authority’s Tree Preservation Officer has confirmed that whilst none of the trees on site are considered worthy of formal protection, the development nevertheless poses no risk to the future or stability of the trees. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 8 (CONT’D) APPLICATION NO. 2009/0383

Existing shrub vegetation inside the site will be cleared to allow for development. Each dwelling will have a turfed area to the front and a private garden to the rear. A 1.5m close boarded screen fence will separate each garden. In the interest of ensuring the site is well screened form the main roads and from the adjacent existing properties, the existing boundary enclosures will remain and will be supplemented by a number of new trees along the northern and eastern boundaries. Overall the proposed planting should ensure that the development will assimilate into the prevailing landscape without any adverse visual detriment to the locality.

As stated above, generally rear gardens will be enclosed by 1.5m high close board fencing. However, the rear garden of plot 3 that fronts the central turning area and side boundary of plot 1 will be enclosed with a 1.8m high screen wall, both of which are considered visually acceptable at the above location at the end of the old Llangyfelach Road. The submitted details indicate that the north western boundary of the site separating Foresters House from the application site is to remain defined with the existing enclosure which comprises of a post and wire fence. In the interest of residential amenity and privacy levels it is considered that this boundary requires strengthening, which can be controlled via condition.

Turning to access and highway safety issues. Only the road within the application site is being considered as part of this application, the main site access which is to be derived off the Old Llangyfelach Road is being considered under parallel application number 2009/0699. The internal access road is sited away form existing neighbouring residential properties thus minimising the potential for noise nuisance. The proposed access arrangements are satisfactory and propose an access road to adopted standards. Parking is indicated at 2 spaces per dwelling which accords with parking guidelines and as specified in the outline consent. The Head of Transportation and Engineering recommends no highway objections subject to all access roads being complete prior to occupation of any dwelling within the development.

Concern has however been raised regarding the possible future need to improve the adjacent Junction 47 of the M4 and that development of this site would prejudice that improvement. There is currently no approved scheme for such an improvement and as development cannot be resisted or restricted on the basis that a scheme might be needed in the future, and on this basis there are, it is considered, no defensible highway grounds on which to resist this proposal.

Overall the Head of Transportation and Engineering considers that the proposal for 8 dwellings will not generate a high volume of traffic movement and is considered not to have any adverse affect on highway safety conditions in the area.

With regard to drainage issues, the application proposes foul water disposal via the existing mains sewer with surface water disposal via an existing culvert, however this matter, (as with the access detail) is being considered fully under a separate parallel application 2009/0699 which is also reported to this meeting for consideration.

Finally the objection letter received relates primarily to concerns over the access arrangements and drainage details which are considered under a separate application. Concern has been expressed regarding the inability of planning staff to trace the parallel application for drainage and access. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 8 (CONT’D) APPLICATION NO. 2009/0383

There was however a period of almost two months between the submission of the housing scheme and the separate access and drainage scheme, which would account for the inability of staff during this two month period to trace the concurrent application. The Community Council have reiterated their concerns expressed in relation to the previous application which include the appropriateness of the development having regard to the land allocation and Development Plan Policies but these were addressed as part of the original outline application. Further points raised by the Community Council, which again have been discussed above, relate to the development being out of character, referring to the loss of trees and planting. As stated earlier, however it is noted that the site is not host to any protected trees, neither has it been considered appropriate or necessary during the consideration of this application to seek preservation orders for any of the existing trees.

In conclusion therefore and having regard to all material considerations it is considered that the proposal is an appropriate form of development which meets the essential criteria of national and Unitary Development Plan planning policy guidance for windfall infill sites, and will effectively ‘round-off’ the north eastern boundary of the urban settlement of Penllergaer whilst having a limited impact upon the visual and residential amenities of the area. Approval is therefore recommended.

RECOMMENDATION

APPROVE, subject to the following conditions:

1 Before the development hereby approved is occupied, the means of enclosing the north western site boundary separating the new dwelling at Foresters House from the application site, shall be completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interest of visual and residential amenity

2 The access road serving the site including the extension of Old Llangyfelach Road shall be completed prior to the beneficial occupation of any of the dwellings hereby approved. Reason: In the interest of highway safety

3 Unless otherwise agreed in writing by the Local Planning Authority, the landscaping scheme detailed on the Site Development Layout Plan received 27th July 2009 shall be completed in the first planting seasons following the first occupation of the development hereby approved. Reason: In the interests of visual amenity.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 8 (CONT’D) APPLICATION NO. 2009/0383

4 No development or other operations shall take place except in accordance with the guide on "The Protection of Trees on Development Sites" attached to this planning permission. No trees, shrubs, or hedges shall be felled or cut back in any way, except where expressly authorised by the Local Planning Authority under the provisions of Condition 05 below until two years after the completion of the development. Any trees, shrubs or hedges removed without such authorisation, or dying, or being seriously damaged or diseased before the end of that period shall be replaced by plants of a size and species as may be agreed with the Local Planning Authority. Reason: To secure the protection of trees growing on the site whilst the development is being carried out.

5 The precise details of any works to be undertaken to the existing tree(s) or hedges shall be agreed and clearly identified on site by the Local Planning Authority in consultation with the contractor commissioned to undertake the works. Reason: To secure the protection of trees growing on the site whilst the development is being carried out.

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 AS6, EV1, EV2, and HC2 of the Swansea Unitary Development Plan.

PLANS

Site location plan, Brecon elevations, Brecon floor plans, Dynevor elevations, Dynevor floor plans, proposed quadruple garage details, proposed double garage details type 1, proposed double garage details type 2, aerial photograph received 19th March 2009 Amended block plan received 27th July 2009

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 9 APPLICATION NO. 2009/0357 WARD: Area 2 Gower

Location: Headlands, Llangennith, Swansea, SA3 1JE Proposal: Two storey side extension, first floor rear extension, conversion of existing carport to garage and detached garage Applicant: Mr & Mrs Robert & Mary Wilkinson

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 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

App No. Proposal 2003/1758 Construction of a detached garage Decision: Grant Permission Conditional Decision Date: 24/10/2003

RESPONSE TO CONSULTATIONS

ONE neighbouring property was consulted individually. No letters of objection have been received.

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Richard Lewis.

Full planning permission is sought for the construction of a two storey side extension, first floor rear extension, conversion of an existing car port to a garage and the erection of a detached garage within the residential curtilage of Headlands, Llangennith. The property is a detached residence in a relatively large plot and is located within Gower AONB. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 9 (CONT’D) APPLICATION NO. 2009/0357

The property is sited at a right angle to Cock Street on its north eastern edge. Approximately 40m the south east lies the common boundary with Channel View and to the north western boundary of the property abuts farm land.

The proposed scheme will see an existing void in the rear roof plane filled with a first floor rear extension finished to a flat roofed section. The two storey side extension would be subservient to the host dwelling and located on the eastern elevation, the existing carport is currently enclosed with Upvc panels and this will be replaced and finished to render and stone, with the proposed detached garage being located some 30 metres from the front elevation of the dwelling accessed via a new opening formed in the existing boundary wall. The detached garage will be sub-terranian with only the entrance doors being visible from the roadway.

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 the provisions of Policies EV1, HC7 and EV26 of the Swansea Unitary Development Plan 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.

Visual Amenity

With regard to visual amenity the two storey side extension and the first floor rear extension will not, it is considered, be prominent from public vantage points. Whilst they will be in part finished to flat roofs these will, it is considered, be fairly discrete additions, concealed from view by the main body of the house. The existing car port/garage is unsightly in its current form and presents, it is considered, as a visually jarring unit. The proposed alterations to this element of the proposed scheme will, it is considered, be in keeping with the existing property and give the dwelling a more integrated appearance than is currently the case.

The most visually significant element of the scheme relates to the under croft garage and its relationship with the exiting lane. A modest splay will be created with timber gates mounted on natural stone gate posts. The garage building will essentially be subterranean. On this basis, it is considered that the visual impact of this part of the scheme will be mitigated and will not, it is considered, detract from the character and appearance of the lane or this part of the Gower AONB.

Residential Amenity

With regard to residential amenity, the distance and relationship of the existing surrounding properties is considered sufficient to safeguard residential amenity. It is not therefore considered that the proposed works would have an unacceptable overlooking, overshadowing or overbearing impact on the neighbouring properties.

Access & Highway Safety

The Head of Transportation and Engineering raises no highway objection to the proposal. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 9 (CONT’D) APPLICATION NO. 2009/0357

Conclusion

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 the provisions of the Unitary Development Plan Policies EV1, HC7 and EV26 and the Council’s Supplementary Planning Guidance document entitled ‘A Design Guide for Householder Development’ and has an acceptable impact on the character and appearance of the dwelling and Gower AONB to which it relates. Approval is therefore recommended.

RECOMMENDATION

APPROVE, subject to the following conditions:

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

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

3 Notwithstanding the plans hereby approved prior to the commencement of works, on the detached garage, additional details of the verge protection system shall be submitted to and approved in writing by the Local Planning Authority. The development shall be completed and maintained as such unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of visual amenity

INFORMATIVES

1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: EV1, HC7 and EV26

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 (Natural Habitats & c.) Regulations 1994. This legislation implements the EC Habitats & Species Directive in the UK making it an offence to capture, kill or disturb a European Protected Species or to damage or destroy the breeding site or resting place of such an animal. It is also an offence to recklessly / intentionally to disturb such an animal. If evidence of bats is encountered during site clearance, work should cease immediately and the advice of the Countryside Council for Wales sought before continuing with any work (01792 634960). AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 9 (CONT’D) APPLICATION NO. 2009/0357

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.

PLANS

Site location plan, DWG.NO. 182.01- existing floor plans, 182.02- sections, 182.03- existing elevations, 182.04- existing block plan, 182.05- proposed floor plans, 182.07- proposed sections, 182.10- proposed block plan received 13th March 2009. Amended plans, 182.08AB- proposed garage floor plan & south elevation, 182.09AB- south west elevation existing & proposed of whole site received 15th July 2009 and 182.06A- proposed elevations received 4th August 2009

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 10 APPLICATION NO. 2009/0875 WARD: Area 2 Oystermouth

Location: 66 Higher Lane Langland Swansea SA3 4PD Proposal: Detached dwelling (details of the siting, design, external appearance and landscaping pursuant to outline planning permission 2007/1791 granted on 15th October, 2007) Applicant: Mr & Mrs Jenkins

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 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 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)

SITE HISTORY

App No. Proposal 2007/1791 Detached dwelling (outline) Decision: Grant Permission Conditional Decision Date: 27/11/2007

89/0308/01 ERECTION OF 2 HOUSES WITH DOUBLE GARAGES Decision: *HRP - REFUSE PERMISSION Decision Date: 06/06/1989

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 10 (CONT’D) APPLICATION NO. 2009/0875

RESPONSE TO CONSULTATIONS

Neighbours: The application was advertised on site in the form of a site notice and 16 neighbouring dwellings were individually consulted. TWO INDIVIDUAL LETTERS OF OBJECTION were received (the same letter of objection was logged twice) which are summarised below:

1. Line edged in blue does not show correct boundary between 66 and 68 Higher Lane. 2. Dwelling too close to No 68 Higher Lane. 3. Loss of privacy. 4. Unacceptable visual impact on neighbouring property. 5. Lack of separation distance for maintenance. 6. Overlooking. 7. Want side velux windows and front windows at 1st floor level obscurely glazed. 8. Concern over additional windows being added in future.

APPRAISAL

Description

A reserved matters application has been submitted for a detached dwelling (details of the siting, design, external appearance and landscaping pursuant to outline planning permission 2007/1791 granted on 15th October 2007) at land to the rear of No 66 Higher Lane, Langland, Swansea. The existing property fronting Higher Lane is a large detached bungalow with accommodation in the roof. The area is characterised by large detached dwellings of differing styles, designs and architectural appearance.

Planning History

In respect of the sites planning history, planning permission was refused for the erection of two dwellings with double garages (Ref: 89/0308/01) in June 1989 and more recently outline permission was approved for one detached dwelling (Ref: 2007/1791) in November 2007.

Policies

The main issues for consideration during the determination of this application relate to the impact of the proposed development upon the residential amenities of the neighbouring properties, the visual impact upon the surrounding area and street-scene and highway safety having regard for the recent approval (Ref: 2007/1791) and the provisions of the Development Plan. It is not considered that the submitted Access Statement or Human Rights Act raise any additional issues.

Visual Amenity

As stated previously the area is characterised by a mixture of large single storey and two- storey detached dwellings situated within large plots, fronting the highway. Given that the principle of development at this location has been clearly established with the previous outline approval it is not considered that the development of this area behind the established building line is unacceptable in visual terms. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 10 (CONT’D) APPLICATION NO. 2009/0875

The proposed dwelling incorporates a relatively contemporary design which due to falling land levels to the rear, away from Higher Lane, coupled with the dwellings height will ensure, it is considered, that the proposal will not be visually prominent from the highway and as such will ensure that Higher Lane retains its linear character. The siting of the dwellings situated along Beaufort Close are orientated in a similar position to the proposed development and the pattern of development is typical of more recent development at the adjacent Channel View site and the recent approval of a dwelling to the rear of 36 and 38 Higher Lane (Ref: 2006/1580).

There is no prevailing characteristic or dominant house type to suggest a specific architectural response on this site, however given its backland location regard must be had for the residential amenities of the neighbouring occupiers. It is evident that a strong design concept has underlined this development from the start; recognising the need for the architecture to respond to character of the area, whilst respecting the residential amenities of the neighbouring properties.

The plot is approximately 72m long and 24m wide (at its widest). The dwelling will measure approximately 16.5m at its widest and 18m at its longest and as such the plot can, it is considered, easily accommodate a dwelling of this scale. The general form incorporates a hipped roof with accommodation in the roof and single storey elements which combine to break up the overall massing of the building ensuring the proposal is in scale with the plot, the wider area and also creates a series of spaces around the dwelling. It is considered that this design coupled with the dwellings siting at a lower level will reduce its visual impact upon the wider area and as a consequence the dwelling is considered to respect the character and appearance of its local context. This application reflects a recent trend of traditional public front elevations with a more contemporary private rear elevation utilising large areas of glass. Whilst the application plans indicate the materials to be used in its construction, it is, however, considered that further information will be required to ensure that the quality of the scheme is maintained. This will be enforced by condition.

On this basis, it is considered that the design of the proposed development is of a quality which will safeguard and protect the visual amenities of the area. In addition its low level, siting, form and design will ensure the proposal will not prove dominant or overbearing when viewed from public vantage points and as such the proposal is considered to comply with Policies EV1, EV2, EV3 and HC2 of the Swansea UDP.

With regard the proposed garage, whilst garages sited to the front of properties are not generally encouraged, it will be situated in a backland location and will only really be prominently visible from within the site itself. Therefore its impact upon the visual amenities of the area is considered to be acceptable.

Residential Amenity

Turning to issues of residential amenity, significant pre-application discussions have taken place which have resulted in a reduction in the levels of the site, reduction in the height and massing of the roof, a reduction in eave height and a reduction in floor to ceiling heights which have significantly reduced the height, scale and massing of the proposed dwelling in relation to the neighbouring properties. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 10 (CONT’D) APPLICATION NO. 2009/0875

Site sections indicate that the proposed property would be situated approximately 0.9m lower than the existing dwelling No 66 Higher Lane and coupled with the separation distances in excess of 57m dictates that the proposal will not, it is considered, result in unacceptable overbearing, overshadowing or overlooking impacts upon the residential amenities of this property.

With regard the impact upon the dwellings to the rear (No’s 31 and 33 Beaufort Avenue) the proposed dwelling would be situated in excess of 30m from the boundaries with these properties and as such is considered to have sufficient separation distances to ensure the residential amenities of these neighbouring properties are maintained.

Turning to the impact upon No 6 Beaufort Close, site sections indicate that the proposed dwelling will be 0.5m lower than this property which coupled with the design of the roof of the proposed dwelling which will be hipped away from this neighbour, the proposals siting some 4m from the boundary (at its closest) and its physical separation in excess of 18m from this neighbouring dwelling will ensure that the proposal will not have an unacceptable physical impact upon the residential amenities of this property. In terms of overlooking, the ground floor windows will be shielded from No 6 by the existing boundary treatment and it is considered that the four proposed velux type windows will not result in unacceptable overlooking given their positioning at a high level within the roofscape and subject to appropriate conditions to ensure that these rooflights are maintained at a minimum of 1.8m above internal floor level.

With regard the impact upon No. 5 Beaufort Close, it is considered that there are sufficient separation distances between the proposed dwelling and this property to ensure there will not be an unacceptable physical overbearance upon this dwelling. Furthermore its siting to the north-west of the application site, ensures there will only be a minimal loss of morning light to this property. In terms of overlooking, whilst there are gable windows in the front elevation of the proposed dwelling, these will not enjoy direct views into the rear private amenity space of the neighbouring occupiers and as a consequence will not lead to an unacceptable loss of privacy it is considered.

The proposed dwelling will be most closely sited to the side boundary with No 68 Higher Lane. Whilst the eaves of the property will be situated 0.8m from this boundary given the eaves overhang the side elevation of this single storey element will be sited 1.4m from this boundary with the main bulk of the building situated some 2.9m away. It is considered that these separation distances coupled with the reduction in ground level and incorporation of a hipped roof will ensure that the dwelling will not unacceptably overshadow or overbear this property to the detriment of the residential amenities of the occupiers of this property. In addition, the adjoining part of the rear garden of No. 68 given its length is not considered to be used as the primarily residential curtilage incidental to the enjoyment of the dwelling house. In terms of overlooking, the existing boundary treatment will prevent unacceptable overlooking at ground floor level and again subject to conditions the velux type windows at first floor level would be situated high within the roof and as such will not enjoy direct views into the rear garden of No 68 Higher Lane.

Highways

Having consulted the Head of Transportation and Engineering there are no adverse highway implications associated with the proposed development and as such there are no highway objections. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 10 (CONT’D) APPLICATION NO. 2009/0875

Response to Consultations

Notwithstanding the above, two individual letters of objection were received raising concerns relating to the loss of privacy, overlooking of gardens and habitable rooms, proposal to close to boundary with No 68 Higher Lane, overbearing. The material issues pertaining to which have been addressed above.

Concern has also been raised with regard the submitted blue line plan, however amended plans have been submitted to address this issue. Furthermore concern has also been raised with regard the future maintenance of the proposed dwelling, however, this is not regarded as a material planning consideration and was not therefore taken into consideration during the determination of this application.

In addition to this, concern has been raised with regard the potential for additional windows being added at 1st floor level in the future which would have an unacceptable impact upon the residential amenities of the neighbouring dwellings. It is considered that a condition removing the permitted development rights for the insertion of windows at 1st floor level would overcome issues relating to this issue.

Conclusion

In conclusion it is considered that the proposed development incorporates a mix of traditional and modern forms and materials to create a dwelling that respects the local character whilst also offering modern, flexible accommodation for its occupants and respecting the residential amenities of the neighbouring occupiers. Therefore it is considered that the development complies with the principles of Policies EV1, EV2, EV3, and HC2 of the Swansea UDP 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 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or amending that Order), Class B and C of Part 1 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.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 10 (CONT’D) APPLICATION NO. 2009/0875

3 No further windows doors or openings of any kind shall be inserted in the 1st floor side elevations of the development hereby permitted unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interest of residential amenity.

4 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.

5 Notwithstanding the submitted plans, all rooflights in the side elevations of the development hereby approved shall be sited a minimum of 1.8m above internal floor level. Reason: To protect the privacy of the occupiers of the neighbouring properties.

6 Unless otherwise agreed in writing by the Local Planning Authority there shall be no accommodation provided above the ground floor of the conservatory detailed on Drawing No HG.06.91.P106 received 12th June 2009. Reason: To protect the privacy of the occupiers of the neighbouring 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, EV2, EV3 and HC2)

PLANS

HG.06.91.P102 existing site plan, HG.06.91.P103 existing site sections, HG.06.91.P104 proposed site plan, HG.06.91.P105 proposed site sections, HG.06.91.P106 proposed floor plans, HG.06.91.P107 proposed sections and elevations, illustrative drawings received 12th June, 2009 and site location and block plan dated 13th July 2009.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 11 APPLICATION NO. 2008/2221 WARD: Area 2 Bishopston

Location: Land adjacent to 12 Whitestone Road, Bishopston, Swansea, SA3 3DB Proposal: Dormer bungalow with detached garage Applicant: Mrs E Allchurch

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)

SITE HISTORY

App No. Proposal 2007/2269 Dormer bungalow with detached garage Decision: Refuse Decision Date: 09/11/2007

RESPONSE TO CONSULTATIONS

The application was advertised on site and seven individual neighbours and previous objectors have been consulted.

ORIGINAL PLANS

SEVEN LETTERS OF OBJECTION received and ONE PETITION summarised as follows:

Seven Letters of Objection

1. Little change to proposed bungalow 2. All objections regarding previous application (2007/2269) still stand. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 11 (CONT’D) APPLICATION NO. 2008/2221

3. On the plan my timber fencing to the back of my garden is shown as delineating the end of this plot. It is not. There is a path which runs along the back of the fence which is used by me and my family when the fencing facing Whitestone Road needs repainting. I wish to maintain access. 4. The development would be overshadowing and overbearing. 5. Out of character. 6. Detract from visual and residential amenities. 7. I would like to know what guarantees there would be that the hedge boundary to the rear of the proposed new development will remain. 8. The building will be out of context and design to the existing bungalows. 9. Access to garage and driveway may result in turning area being blocked. 10. Removing hedge will be a further invasion of privacy to our property. 11. The proposal has not been reduced in foot print size. 12. Cramped and obtrusive. 13. Highway safety concerns and traffic hazard. 14. Loss of open aspect and building congestion. 15. Concern relating to sewage drainage and foul water drains. 16. Loss of light to amenity space and reduction in natural sunlight. 17. The plan is inaccurate. Land does not extend along the back of my property. The area the other side of fence is in fact a turning point for cars. 18. Loss of privacy and additional noise. 19. Devaluation of properties. 20. Overlooking from first floor window.

Petition of Objection – Seven signatures summarised as follows:

1. Concern over potential damage to drainage and sewage pipeworks. 2. Height and style of dormer bungalow - The architectural style of Whitestone Road will be ruined. The development will affect privacy from the roof windows and why is a ‘dormer’ bungalow even being considered on an estate of bungalows. 3. Restriction of turning area and highway safety 4. Minimum Distance - Does the proposal satisfy Planning Guidelines regarding area of open space. 5. Devaluation of property

AMENDED PLANS received 8th January 2009 - Seven individual neighbours and previous objectors consulted by letter.

FIVE letters received re-stating previous objections;

1. All previous and original objections as above still stand. 2. Dangers associated with vehicle access are reiterated.

PETITION OF OBJECTION – eight signatures re-stating concerns to original plans.

Highway Observations – No further comment

AMENDED PLANS received 18th March 2009 – Neighbours and previous objectors individually consulted by letter. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 11 (CONT’D) APPLICATION NO. 2008/2221

FIVE letters received re-stating previous objections.

1. All original objections as detailed previously still stand. 2. Dangers associated with vehicle access are reiterated. 3. Access area to the garage is land which according to the Land Registry ‘does not appear to be registered’ and has been kept in a clean and orderly state by the resident at 25 Whitestone Road for many years. 4. Boundary height of hedge on plan states 4m high and in access statement states hedge will be reduced in height to 2.5m. 5. It should be noted that on the original application form, the applicant has answered ‘No’ to the question 11 relating to New Access and Alteration to an existing access to a public road. These questions have clearly been answered incorrectly. 6. It appears that the City & County of Swansea wants to deprive the neighbours or other users of Whitestone Road from the existing small turning area by permitting the applicant to use it as a sole entrance to the proposed garage.

PETITION OF OBJECTION – nine signatures re-stating concerns to original plans.

AMENDED PLANS received 8th June 2009 – neighbours and previous objectors consulted by letter.

FOUR LETTERS OF OBJECTION received re-iterating previous objections still stand.

Bishopston Community Council – Objection.

Original Plans - Over development of site, poor garage position and out of building line. Vulnerable flanking hedgerows – reduction intensifying intrusiveness of proposed development.

Amended Plans - Objection We object, reiterating previous reasons for objection, though re-positioning of garage has removed objection of the structure being in front of the building line.

Further comments received 10th March 2009 – The Council reiterates its objection to this development and draws attention to the fact that though the amended plan shows that the repositioning of the garage now conforms to this building line, entry to this garage would entail a very difficult manoeuvre. Furthermore, entry from the Highway is by means of the turning circle at this location and not from an entrance to the property per se.

Highway Observations - The application is for a dormer bungalow with detached garage. This application was previously refused (2007/2269) for planning reasons, and later dismissed at appeal.

The proposed layout of the site does not differ to that of the previous application, in that the development will be accessed from the turning head at the end of Whitestone Road. This proposal is adequate, and parking on site is sufficient.

I recommend no highway objection be raised subject to the construction of a vehicle crossing is to Highway Authority specification. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 11 (CONT’D) APPLICATION NO. 2008/2221

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

AMENDED PLANS received – No further comments to make

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

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Keith Marsh.

Full planning permission is sought for the construction of a single dwelling on land which currently forms part of the side garden of 12 Whitestone Road, Bishopston. The site is located within a residential area characterised by predominantly single storey dwellings. The site is enclosed by existing mature coniferous hedging and bushes on the boundaries of the site.

The irregular shaped site has a frontage to Whitestone Road of approximately 21.4 metres with a maximum depth of approximately 19.5 metres narrowing to approximately 10m when scaled from the submitted plans. Amended plans have been submitted to address initial concerns with regard to the design and siting of the dwelling and to address discrepancies in relation to the red line area. Neighbouring residents have been consulted on the amended plans received.

BACKGROUND HISTORY

In terms of the most recent planning history of this application site, planning permission was refused on 8th November 2007 under application ref:2007/2269 for a dormer bungalow with detached garage, incorporating dormer windows and roof lights within the roof space. The proposal was dismissed at appeal by the Inspector on 7th August 2008 (Appeal Decision APP/B6855/A/08/2074387), and the Inspector’s conclusions were as follows:-

1. Character and Appearance

The proposed bungalow would respect the building line along this side of Whitestone Road and it would be set in from the boundaries. In this reasonably dense built-up environment where there are a number of dwellings sited close together in plots with a high build ratio, I do not consider that the proposal would appear cramped or out of place. The proposed garage would lie forward of the building line but it would be a modest structure situated at the end of the cul-de-sac, and largely screened by a substantial hedge. In these, circumstances, it would not be prominent or obtrusive.

However, there is a striking consistency to the form and style of dwellings in Whitestone Road which are predominantly comprised of gable fronted bungalows with staggered elevations. By contrast, the proposal would introduce a largely continuous frontage elevation with a pitch roof sloping away from the road, and facing dormers. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 11 (CONT’D) APPLICATION NO. 2008/2221

Whereas dormers, are not unusual features in the area, those that I saw tend to be turned away from the road and, unlike the appeal proposal, they are not unduly prominent and have had little impact on the context that I have described. In my opinion, the design of the bungalow would have little regard to the prevailing housing form and as a consequence it would harmfully disrupt the visual integrity of the street scene.

2. Living Conditions

The resulting garden areas for the existing and proposed dwellings would be small but there would be sufficient space between and around development to provide for amenities such as sitting out, clothes drying and refuse storage. Much of the garden areas would enjoy a reasonable degree of privacy and as such I do not consider that the amenities of existing or future residents would be so contrived as to warrant dismissing the appeal for that reason.

Concerning the living conditions of residents living on Headland Road, I saw that the latter properties are orientated at an angle to the appeal site with a tall wall/hedge between them. There would be no principal windows at first floor level on the proposed bungalow, and the projecting gable element on the rear elevation would be set in a comfortable distance from the boundary. Moreover, the impact of built form would be offset by the slope of the pitch roof which would lean away from the boundary. Having regard to the easterly orientation of the proposed bungalow, and existing shading likely to be caused by the height and proximity of the existing wall and hedge, I do not consider that there would be any unacceptable overshadowing effects. Similarly, although the outlook for some residents would change, I would not equate this with any material harm to their living conditions.

3. Conclusion

I have had regard to all other matters raised, including access and drainage concerns. However, there is no demonstrable evidence to indicate that the proposal would be unacceptable for these reasons. Nonetheless, notwithstanding that the proposal is acceptable in some respects none of these considerations would outweigh the visual harm arising from the design of the scheme, which I find to be a compelling reason for dismissing the appeal.

ISSUES FOR CONSIDERATION

The main issues for consideration in this instance relate to the suitability of the site for a detached dwelling having regard to the impact upon the amenities of neighbouring residential properties, the character and appearance of the surrounding area and highway safety, having regard to Policies EV1, EV2 and HC2 of the Unitary Development Plan. In addition, consideration is given to the previous planning history and Appeal decision relating to this site. There are, in this instance, considered to be no additional issues arising from the provision of the Human Rights Act.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 11 (CONT’D) APPLICATION NO. 2008/2221

Policy HC2 of the Unitary Development Plan presumes in favour of housing development within the urban area unless there are overriding planning objections. Policy EV1 seeks to ensure new development accords with the criteria of good design, in particular being appropriate to its local context in terms of scale, height, massing, elevational treatment, materials and detailing, layout, form, mix and density. Policy EV2 relates to the siting and location of new development.

VISUAL AMENITY

Whitestone Road has a clearly identifiable character of similar single storey detached and semi detached dwellings, of a generally uniform external appearance with a narrow frontage and greater depth, demonstrating an established and consistent front building line. In this context, the previous application (ref: 2007/2269) for a dormer bungalow with detached garage, incorporating dormer windows and roof lights within the roof space was refused and subsequently dismissed at appeal, on the grounds that the proposal would have little regard to the prevailing housing form and as a consequence it would harmfully disrupt the visual integrity of the street scene. This current application has been submitted to attempt to overcome the concerns in respect of the design of the proposed detached dwelling.

Turning firstly to the Appeal Inspector’s Report (ref: APP/B6855/A/08/2074387), the Inspector noted … ‘The proposed bungalow would respect the building line along this side of Whitestone Road and it would be set in from the boundaries. In this reasonably dense built-up environment where there are a number of dwellings sited close together in plots with a high build ratio. I do not consider that the proposal would appear cramped or out of place’. Notwithstanding this, the Appeal Inspector concluded that the design of the proposed bungalow would have little regard to the prevailing housing form and dismissed the appeal on design grounds.

Following negotiations on the design of the proposed dwelling, the final plans submitted for consideration dated 8th June 2009, show a bungalow with accommodation within the roof space measuring approximately 11.5 metres wide, with a maximum depth of 7.3 metres, an eaves height of 2.3 metres and a ridge height of 6.150 metres. It would have a lounge, dining/sitting room and kitchen at ground floor and two bedrooms, en-suite shower room and bathroom at first floor. Vehicular access and parking is proposed from the turning head at Whitestone Road with the detached garage sited slightly forward of the proposed dwelling. The applicant has submitted a land registry plan to show the extent of the land ownership, and the final block plan received 8th June 2009 has repositioned the red line area away from the existing boundary fencing. The garage has therefore been resited on the boundary and slightly closer to the proposed dwelling and measures approximately 5.5 metres in length, 2.8 metres in width and 3.6 metres high.

It is considered that the revised scheme addresses the concerns raised in the Inspectors report regarding the discordant appearance of the original submission refused under application Ref: 2007/2269. This is achieved through a design solution incorporating an asymmetrical gable fronting the street and the removal of the proposed dormer windows. Further to this the siting respects the building line along the street. The details of the design of the proposed detached dwelling have been further revised following consultation with the Council’s Urban Design Officer, and have included the relocation of the entrance door to the front elevation and the setting back of the garage behind the building line. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 11 (CONT’D) APPLICATION NO. 2008/2221

Moreover, in general the scale, design and external appearance of the proposal is now considered to be sufficiently reflective of the prevailing characteristics of the area whilst retaining its own identity. The proposed external finishes would generally match the surrounding properties and are therefore considered satisfactory, however it is considered necessary and reasonable to require by condition, agreement of a sample of the roof tiles, proposed render and brick features to ensure that the materials are visually complementary to the vernacular of this area. In light of this analysis, it is therefore considered that the proposal would not have a significant harmful effect upon the street scene or the visual relationship of the character of the area sufficient to warrant a recommendation of refusal in this instance.

RESIDENTIAL AMENITY

With regard to residential amenity, a minimum distance of 10 metres is generally required between the main back wall of new dwellings and the rear boundary. In this instance, the rear elevation of the proposed dwelling would be sited approximately 6 metres at the widest point and 2 metres at the narrowest point from the rear boundaries of 29 and 27 Headland Road. In this respect, the siting of the proposed dwelling is no closer to the rear boundary than the previous dwelling (2007/2269 refers) considered in the Appeal Inspector’s Report (ref: APP/B6855/A/08/2074387). The Appeal Inspector noted… ‘Concerning the living conditions of residents living on Headland Road, I saw that the latter properties are orientated at an angle to the appeal site with a tall wall/hedge between them. There would be no principal windows at first floor level on the proposed bungalow, and the projecting gable element on the rear elevation would be set in a comfortable distance from the boundary. Moreover, the impact of built form would be offset by the slope of the pitch roof which would lean away from the boundary. Having regard to the easterly orientation of the proposed bungalow, and existing shading likely to be caused by the height and proximity of the existing wall and hedge, I do not consider that there would be any unacceptable overshadowing effects. Similarly, although the outlook for some residents would change, I would not equate this with any material harm to their living conditions’.

The proposed dwelling has no habitable room windows in the side elevation facing No.12 Whitestone Road. The ground and first floor windows in the side elevation (north east) maintain a separation distance of between approximately 9m to 10m to the corner of the rear boundary fence which runs at an angle of No.25 Headland Road. These windows face towards the side garden area and garage of the application property and as such afford only oblique views towards the rear amenity space of the nearest dwellings in Headland Road, and the front elevations of the nearest dwellings in Whitestone Road. Moreover, a separation distance in excess of 21 metres is achieved from this (north east) elevation to the main front elevation of No.23 Whitestone Road (which includes the roadway), and the window proposed at first floor level to the front elevation again faces towards the public road. The dwellings opposite the application site in Whitestone Road are orientated at an angle to the proposed dwelling and are separated by a public roadway. There are no habitable room windows at first floor level in the rear elevation, the single window at first floor level would serve an en-suite bathroom and an appropriate condition is recommended to ensure that this window would be obscure glazed and unopenable except for ventilation. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 11 (CONT’D) APPLICATION NO. 2008/2221

Furthermore, the proposed roof light would be above the stairs and can be conditioned to be a minimum of 1.8m above floor height to prevent any unacceptable overlooking impact. Any overlooking impacts from ground floor windows can be satisfactorily screened by appropriate means of enclosure and existing boundary treatments.

The proposed garage is a single storey building of domestic appearance with a ridge height of approximately 3.5m, and would be constructed in materials to match the proposed dwelling. On this basis, it is considered that there would be no demonstrable significant overlooking or loss of privacy impact to the detriment of the residential amenity of the occupiers over and above that considered by the Appeal Inspector, sufficient to warrant a recommendation of refusal on these issues. In addition, given that the Appeal Inspector considered that the previously refused dwelling (Ref: 2007/2269) would not result in any material harm to the existing dwellings, it is not considered that the scale and design of this current proposal raises any demonstrable significant overbearing or overshadowing impacts over and above those considered in the Appeal Inspector’s Report, considered sufficiently harmful to warrant a recommendation on these issues alone. On this basis, it is not considered that the proposed dwelling will have an unacceptable overlooking, overshadowing or overbearing impact on the occupiers of the neighbouring properties.

The Appeal Inspector also concluded that ‘the resulting garden areas for the existing and proposed dwellings would be small but there would be sufficient space between and around development to provide for amenities such as sitting out, clothes drying and refuse storage. Much of the garden areas would enjoy a reasonable degree of privacy and as such I do not consider that the amenities of existing or future residents would be so contrived as to warrant dismissing the appeal for that reason’. Given that the amenity space in this current application is similar to that of the previous application, it is therefore considered the proposal will provide satisfactory levels of amenity for the future occupiers of the proposed dwelling.

HIGHWAY ISSUES

The Head of Transportation and Engineering has raised no objection to the proposal stating that the application is for a dormer bungalow with detached garage. This application was previously refused (2007/2269) for planning reasons, and later dismissed at appeal. The proposed layout of the site does not differ to that of the previous application, in that the development will be accessed from the turning head at the end of Whitestone Road. This proposal is adequate, and parking on site is sufficient. The Head of Transportation and Engineering raises no highway objection subject to the construction of a vehicle crossing is to Highway Authority specification and has no further comment to make on any amended site layout plan received

RESPONSE TO CONSULTATIONS

The concerns raised by neighbouring residents relate primarily to matters of visual amenity, residential amenity and highway safety, which have been addressed above. The comments relating to the hedge and trees have been noted however, the hedge row and trees on the boundaries are not covered by any tree preservation order. An appropriate condition has been recommended to require the submission of further details of the means of enclosure and boundary treatments for approval by the Local Planning Authority. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 11 (CONT’D) APPLICATION NO. 2008/2221

In respect of other matters raised relating to drainage and sewerage, no objection has been received from Welsh Water. Furthermore, the affect of development on property value is not a material planning consideration. Whilst the comments relating to land ownership have been noted, such issues are private matters and would be a civil matter between land owners and not a material planning consideration in this instance. The points raised in relation to incorrect information provided on the application form have been noted, however the Head of Transportation and Engineering has raised no highway objection to the proposal. Issues relating to obstruction of the highway and inappropriate parking would be more properly dealt with under separate legislation.

CONCLUSION

In conclusion, taking into account the previous Appeal Inspector’s Report and having regard to all material considerations including the Human Rights Act, it is considered that the proposal is a satisfactory form of infill development, and would not adversely affect the character and appearance of the street scene or the amenity of nearby residents. The Head of Transportation and Engineering has raised no objection to the application, the proposal is considered to be acceptable in terms of highway safety. The proposal is therefore considered to be an appropriate form of development, which would accord with Policies EV1, EV2 and HC2 of the Unitary Development Plan. 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 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or amending that Order), Classes A, B, C, E 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.

3 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.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 11 (CONT’D) APPLICATION NO. 2008/2221

4 Notwithstanding the plans submitted, the first floor window in the rear south west elevation serving the en-suite bathroom as indicated on Elevation Plan and first floor plan received 8th June 2009 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.

5 Notwithstanding the plans submitted, the roof light in the south west rear elevation as indicated on elevation plans received 8th June 2009, shall be positioned a minimum of 1.8m above floor height 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.

6 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.

7 Before the development hereby approved is occupied the means of enclosing the boundaries of the site 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.

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 and HC2 of the Unitary Development Plan.

2 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 – 25TH AUGUST 2009

ITEM 11 (CONT’D) APPLICATION NO. 2008/2221

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

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

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

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

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

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

PLANS

Site location plan, cross section received 7th November 2008. Amended plans proposed garage elevations and floor plans received 8th January 2009, Additional Plan - Street Scene received 18th March 2009. Amended plans site layout plan, proposed elevations, proposed floor plans and additional section plan received 8th June 2009

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 12 APPLICATION NO. 2009/0961 WARD: Area 2 Gower

Location: Gower Cottage, Reynoldston, Swansea, SA3 1AD Proposal: Single storey rear extension Applicant: Mr & Mrs R Jenkins

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 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 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)

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)

SITE HISTORY

App No. Proposal 2006/2611 To fell 9 leylandii cypress trees covered by TPO no. 69 Decision: Grant Tree Pres Order Consent (C) Decision Date: 22/01/2007

2009/0180 Front porch, alterations to fenestration detailing on front and rear elevations and installation of rear glazing panels and creation of new vehicular access and hardstanding Decision: Grant Permission Conditional Decision Date: 08/04/2009

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 12 (CONT’D) APPLICATION NO. 2009/0961

RESPONSE TO CONSULTATIONS

The application was advertised on site and in the local press as a development within the Reynoldston Conservation Area and two neighbouring properties were consulted. No response.

Highways Observations – There are no highway safety implications with this proposal. Adequate parking for two vehicles is to be provided within the site and I therefore recommend that no highway objections are raised.

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Richard Lewis.

Full planning permission is sought for a single storey rear extension. Planning permission was granted earlier this year (Ref:2009/0180) for the erection of a front porch, alterations to the fenestration detailing on the front and rear elevations and the formation of a new vehicular access and parking area at the application site at Higher Green, Reynoldston.

In terms of visual amenity, the proposed alterations to the rear elevation are considered to be sympathetic and subservient in terms of design and as such would relate well to the character and appearance of the cottage as well as the surrounding Conservation Area and AONB notwithstanding the previous grant of permission. It is considered that were this application to be granted and both permissions implemented no unacceptable harm would arise in respect of the prevailing visual amenity.

Turning to residential amenity given the siting and location of the proposed development relative to neighbouring properties it is considered that no significant negative impacts of an overbearing, overshadowing or over looking nature will arise in respect of the proposed scheme.

In terms of impact upon highway safety the Head of Transportation and Engineering raises no objections and on this basis the proposal is regarded as acceptable in this instance.

In conclusion therefore, and having regard to all material considerations, the proposal is considered an acceptable form of development that complies with the requirements of Policies EV1, EV9, EV22 and EV26 of the Unitary Development Plan 2008 and approval is recommended.

RECOMMENDATION

APPROVE, subject to the following condition: AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 12 (CONT’D) APPLICATION NO. 2009/0961

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.

INFORMATIVES

1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: EV1, EV22, EV26 and HC7

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

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 (Natural Habitats & c.) Regulations 1994. This legislation implements the EC Habitats & Species Directive in the UK making it an offence to capture, kill or disturb a European Protected Species or to damage or destroy the breeding site or resting place of such an animal. It is also an offence to recklessly / intentionally to disturb such an animal. If evidence of bats is encountered during site clearance, work should cease immediately and the advice of the Countryside Council for Wales sought before continuing with any work (01792 634960).

4 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.

PLANS

Existing elevations, existing floor plans, proposed elevations, proposed floor plans, Site location plan, and block plan received 7th July 2009

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 13 APPLICATION NO. 2009/0555 WARD: Area 2 Gower

Location: Rock Cottage, Horton, Swansea, SA3 1LQ Proposal: Construction and completion of detached double garage Applicant: Mr B Mitchel

BACKGROUND INFORMATION

POLICIES

Policy Policy Description 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)

Policy EV1 New development shall accord with a defined set of criteria of good design. (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)

SITE HISTORY

App No. Proposal 2008/1725 Refurbishment and repair of outbuilding and addition of pitched roof Decision: Grant Permission Conditional Decision Date: 19/12/2008

RESPONSE TO CONSULTATIONS

The application was advertised on site, in the local press and SIX neighbouring properties were consulted individually. FIVE LETTERS OF OBJECTION have been received and their content is summarised below.

• The minor extension will take the footprint from an ‘L’ shape to a rectangular shape with a roof that has three peaks. The roof design is to elaborate for what should be a simple rebuilding. • The proposed refurbishment would have a definite impact and would not be in the interest of the visual amenity and the character and appearance of the AONB. • The description does not reflect the nature of the development accurately. • The proposed garage is out of proportion with the existing building. • The Local Planning Authority has failed to adequately consult with neighbours in accordance with procedure. The public notice was placed in a remote and obscure location. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 13 (CONT’D) APPLICATION NO. 2009/0555

• I object to the proposals to the outbuilding at Rock Cottage unless they are identical to the original building. • The proposal is clearly an attempt to construct a new dwelling via the backdoor. • The access is constrained and the residents of Rock Cottage will have to drive over. • The entrance to Great House Court to manoeuvre their vehicles. • The charm and integrity of the area is being eroded by totally unsuitable building construction. • This is completely out of keeping with the character of the village. • The proposal is the size of a small bungalow. • We can see the beach from our front upstairs window enabling us to gauge the state of the tide and sea conditions if we want to take our children to the beach the proposal will obstruct our view of the sea.

Interested parties were re-consulted in respect of a revised scheme TWO LETTERS OF OBJECTION have been received their content is summarised as follows:

• The roof appears not to fit within the originally approved roof design. • The proposal is higher than the original building. • The higher roofline will block the view from my house. • The building will dominate the yard area opposite Great House Court rather more than the previous ‘Low impact’ yard. • Works have recommenced on site. • This construction is much larger and higher than the original building. • The proposed garage dwarfs the existing cottage. • The building will be visually over powering. • Boundary walls have been demolished to accommodate vehicles. • The quaintness of the village is being eroded.

Penrice Community Council – Object to this application based on the height and scale of the proposed building.

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Richard Lewis.

Full planning permission is sought for the construction of a detached double garage within the residential curtilage of Rock Cottage, Horton. The property is located within the Gower AONB and Horton Conservation Area. It is located at a higher level in respect of its adjoining neighbours residing at The Cove and Skysea Cottage.

The refurbishment and repair of the original building was authorised under planning permission Ref: 2008/1725 which also included the addition of a pitched roof over the original footprint of the building. The previous approved scheme had a maximum height of approximately 3.9 metres and formed an ‘L’ shaped footprint. The scheme now before the Authority for consideration will see the north east corner of the building enclosed to form a square footprint together with alterations to the roof design that will create a double garage. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 13 (CONT’D) APPLICATION NO. 2009/0555

A process of negotiation has been undertaken between officers and the agent for this scheme which whilst resulting in an increase in the footprint by approximately 5.75 m2 compared to the previous approval has involved a reduction in the height of the roof to approximately 3.5 metres, 0.40 metres lower than of the approved scheme.

With regard to impact upon visual amenity the scale, design and external appearance of the proposed roof alterations are, not considered out of keeping with the general style of development that characterises this part of the Conservation Area.

The increased profile of the proposed roof has given rise to concerns in respect of the visual prominence in the street scene, however given the shallow pitch, low ridge and the sympathetic materials proposed which comprise of a slate roof, stone and render finish for walls, it is considered that the overall impact would be a positive one that is in keeping with the traditional vernacular of the area. Should the application be approved, it is recommended however, that conditions are imposed to ensure that natural slate is used for the roofing material and timber for the windows and doors.

In visual terms, therefore, it is considered that the proposal will replace an original substandard outbuilding and preserve and enhance the character and appearance of the Horton Conservation Area and this part of the Gower AONB.

Turning to residential amenity the height of the perimeter walls will reflect the previous situation however the wall on the common boundary with The Cove will have a maximum height of approximately 2.4 metres which is a reduction relative to the original garage wall by approximately 0.3 metres. The roof that is proposed has a relatively shallow pitch that will result in the apexes being located approximately 1.5 metres off the boundary.

From within the residential curtilage of the Cove the south facing elevation of the garage is located in an elevated position relative to the rear amenity area, although there is a flower border of approximately 1.5 metres in depth between an adjacent pathway in the curtilage of The Cove and the boundary wall that forms part of the garage which lies to the north. On this basis, given the reduction of wall height, its siting and the separation distance from usable amenity areas, it is considered that the proposal would not result in any unacceptable adverse overbearing visual impact or overshadowing relative to this property.

The existing foot print of the building will be extended along the boundary parallel to the road by approximately 2.5 metres. The rooflights will be positioned on the inward facing roof planes and given the shallow pitch and low eaves height it is not considered that the proposed roof lights would afford any opportunity for additional overlooking above and beyond the existing situation.

Those objections raised that are material to the determination of the proposed scheme have, it is considered, been addressed above. Guidance given in Planning Policy Wales paragraph 4.1.7 states that the planning system operates in the public interest and the findings of the courts are that whilst the preservation of a public view may be an important material consideration, the protection of a private one seldom is, the proposed scheme has been determined on this basis.

The partial removal of an existing boundary wall does not, it is considered, fall under the control of the Local Planning Authority in this instance. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 13 (CONT’D) APPLICATION NO. 2009/0555

In conclusion, and having regard to all material considerations including the Human Rights Act, it is considered that the siting, scale and design of the proposal are acceptable and as such complies with policies EV1, EV9 and EV26 of the City & County of Swansea Unitary Development Plan 2008.

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 Notwithstanding the details shown on Drw No: 173/101, prior to the commencement of development the details of the design and materials of the garage doors on the front elevation which shall comprise of timber and the roof finish which shall comprise of natural slate, shall be submitted to and agree din writing by the Local Planning Authority. The development shall be completed and retained as such unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interest of visual amenity

INFORMATIVES

1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: EV1, EV9

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

PLANS

146/107 site location plan, 146/100 existing elevations, 146/106 proposed floor plan, 146/108 proposed block plan received 22nd April 2009. Amended plan 173/101 proposed elevations received 7th July 2009 and amended plans 146/103 site layout and 146/102 existing and proposed roof plans received 27th July 2009

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 14 APPLICATION NO. 2009/0927 WARD: Area 2 Gower

Location: Fields 8254 & 9555, Fairwood Corner Farm Fairwood Swansea Proposal: Use of land for a caravan rally for a maximum of 120 units from 30th April to 3rd May 2010 (inclusive) Applicant: The Caravan Club

BACKGROUND INFORMATION

POLICIES

Policy Policy Description Policy EC22 Control of camping and touring caravans on farms and storage of touring caravans. (City & County of Swansea Unitary Development Plan 2008)

SITE HISTORY

App No. Proposal

2004/2251 Use of land for caravan rally for approximately 50 units from 29th July until 31st July 2005 (Inclusive) Decision: Grant Temporary Permission Decision Date: 15/11/2004

2004/2722 Use of land for a caravan rally for approximately 120 units from 29th April to the 2nd May 2005 (inclusive) Decision: Grant Temporary Permission Decision Date: 07/01/2005

2005/0057 Use of land for caravan rally for approximately 15 units from 8th July to 10th July 2005 (inclusive) Decision: Grant Temporary Permission Decision Date: 18/02/2005

2006/1657 Use of land for a caravan rally for a maximum of 60 units from 22 to 24 September 2006 (inclusive) Decision: Grant Temporary Permission Decision Date: 29/08/2006

2007/2370 Use of land for a caravan rally for a maximum of 60 units from 19th - 21st September 2008 (inclusive) Decision: Grant Temporary Permission Decision Date: 17/12/2007

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 14 (CONT’D) APPLICATION NO. 2009/0927

2007/2485 Use of land for a caravan rally for a maximum of 40 units from 25th to 27th April 2008 (inclusive) Decision: Grant Temporary Permission Decision Date: 17/12/2007

2007/2571 Use of land for a caravan rally for a maximum of 40 units from 20th to 22nd June 2008 (inclusive) Decision: Grant Permission Conditional Decision Date: 13/12/2007

2008/0899 Use of land for a caravan rally for a maximum of 60 units from 18th to 20th September 2009 (inclusive) Decision: Grant Temporary Permission Decision Date: 26/06/2008

2007/0952 Use of land for a caravan rally for a maximum 70 units from 21st-23rd September 2007 (inclusive) Decision: Grant Temporary Permission Decision Date: 07/06/2007

2008/0901 Use of land for a caravan rally for a maximum of 30 units from 24th to 26th April 2009 (inclusive) Decision: Grant Temporary Permission Decision Date: 26/06/2008

RESPONSE TO CONSULTATIONS

The application was advertised on site. No response

The Gower Society – Comments as follows:

1. We are concerned to note that there are an increasing number of such applications; it appears to be a back door method of increasing caravan numbers within the AONB. 2. In this case the site is at the entrance to the AONB, not in a conspicuous position and outside the peak season. 3. The site has a history of such applications 4. We do have concerns about the traffic implications of 150 units travelling to and from the site.

Highways Observations – No objection to the renewal of this temporary consent

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Richard Lewis. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 14 (CONT’D) APPLICATION NO. 2009/0927

Temporary planning permission is sought for a caravan rally for a maximum of 120 units from 30th April to 3rd May 2010 (inclusive) on Fields 8254 and 9555, Fairwood Corner Farm, Fairwood. The original application was for 150 units but this has been reduced to 120 units.

This site has been used frequently for holiday rallies and the planning history goes back a number of years. There has been no material change in planning circumstances. The number of units over the two fields is more than has been applied for in more recent years but 120 units has been approved on the site previously (2004/2722 refers). As the units would be spread over two fields and only be on site for 4 days, it is not considered that any visual impact would be so significant as to warrant or sustain a recommendation of refusal or cause any undue impact upon services or neighbouring residents. In addition, the Head of Transportation and Engineering raises no highway objection.

The proposal does not conflict with other (possible) rallies and therefore it is considered that the proposal complies with the objectives of Policy EC22 of the Unitary Development Plan 2008 and approval is recommended.

RECOMMENDATION:

APPROVE, subject to the following condition:

1 This permission is granted for the following dates only 30th April to 3rd May 2010 (inclusive) and is without prejudice to any application that may be received in the future either from the applicants or in respect of this site. Reason: In order that the Local Planning Authority may review the situation and in order to achieve a satisfactory form and pattern of development in accordance with the intentions of the Article 4 Direction.

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: EC22

2 The applicant shall comply with the requirements of the Head of Environmental Health Services of the City and County of Swansea.

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

PLANS

Site location plan received 26th June 2009

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 15 APPLICATION NO. 2008/0951 WARD: Area 2 Gower

Location: Bank Farm, Horton, Gower, SA3 1LL Proposal: Replacement building to provide cellar, ground floor workshop/store and reception area with first floor self contained apartment Applicant: Mr Brian Richards

BACKGROUND INFORMATION

This application was DEFERRED at the Area 2 Development Control Committee on 4th August 2009 to assess the impact upon the area.

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 EV20 In the countryside new dwellings will only be permitted where justification is proved in terms of agriculture, forestry or the rural economy; there is no alternative existing dwelling in nearby settlements; and the proposed dwelling is located close to existing farm buildings etc. (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 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)

Policy EC17 Proposals for tourism and recreation developments of an appropriate scale in locations which relate acceptably to the existing patter 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)

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 15 (CONT’D) APPLICATION NO. 2008/0951

Policy EC21 Improvements to the environmental quality, conditions and facilities will be encouraged within existing camping, touring unit and static caravan sites and small increases in the number of pitches maybe permitted where justified by environmental improvements and where the overalls scale would not be increased. Change to the type of accommodation will only be permitted where there is no adverse impact on the landscape, would bring about environmental improvements and not require extensive additional infrastructure, nor cause harm to the natural heritage. (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 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)

SITE HISTORY

App No. Proposal 95/0096 VARIATION OF CONDITION (K) OF PLANNING PERMISSION 81/0578 DATED 30/7/81 TO ALLOW OCCUPANCY OF FACILITIES FROM 1ST TO 8TH JANUARY AND 1ST MARCH TO 31ST DECEMBER IN ANY YEAR Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 21/03/1995

90/0898/03 AMENDMENT TO DESIGN FOR RESTAURANT (2/1/81/0578/03). Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 02/10/1990

86/0201/03 INCREASE OF HEADROOM OF EXISTING STORES AND GARAGE. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 24/04/1986

81/0578/03 EXTENSION TO PROVIDE RECEPTION, FIRST AID, RESTAURANT AND SERVICE FLAT Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 30/07/1981

95/0248 DEMOLITION OF TOILET/SHOWER BLOCK (CONSERVATION AREA CONSENT) Decision: *HGCC - GRANT CONSENT WITH CONDITIONS Decision Date: 02/05/1995

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 15 (CONT’D) APPLICATION NO. 2008/0951

95/0238 ERECTION OF SWIMMING POOL ENCLOSURE, FRONT CONSERVATORY AND ADDITION OF TOILET FACILITIES Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 02/05/1995

2008/0957 Demolition of existing storage/workshop and cellar (application for Conservation Area Consent) Decision: Refuse Decision Date: 31/07/2008

2007/2678 Replacement building to provide cellar, ground floor workshop/store and reception area with first floor self contained apartment Decision: Refuse Decision Date: 06/03/2008

2003/2175 First floor side conservatory Decision: Grant Permission Conditional Decision Date: 23/12/2003

2004/0085 Removal of condition C of planning permission 81/0578 granted on 30th July 1981 and condition 01 of planning permission 95/0096 granted on 21st March 1995 to allow 12 months use of the site facilities (coffee lounge, licensed bar and restaurant and barbecue area) and their use by persons not staying on the caravan site Decision: Grant Permission Unconditional Decision Date: 13/07/2004

2007/2728 Demolition of workshop, storage and cellar building (application for Conservation Area Consent) Decision: Refuse Decision Date: 06/03/2008

RESPONSE TO CONSULTATIONS

Neighbours – The application was advertised on site and in the local press as a development within the Horton Conservation Area, and four neighbouring properties were consulted individually. No letters of objection were received and four letters of support were received.

Penrice Community Council – Council decided to make the observation that the building would be high on the skyline.

Gower Society – Strongly objects for the following reasons:

1. The proposal is very similar to a previous application which was turned down on appeal. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 15 (CONT’D) APPLICATION NO. 2008/0951

2. It is a new development in the open countryside, which would set a very dangerous precedent. 3. We note a reduction in floor area, and a slight reduction in roof height. In our opinion, this will still not reduce the impact on the landscape when viewed from most aspects. 4. Such a large-scale office and reception area appears extravagant.

Highway Observations – This proposal is unlikely to have any highway safety or parking implications. I recommend that no highway objections are raised.

ADDITIONAL INFORMATION: Following the application being deferred at the Area 2 Development Control Committee on the 2nd September 2009, three further supporting statements have been submitted from Mr Harry Jenkins, Graham King and Buckmaster Batcup Architects in order to try address the Council’s reasons for refusal. The statements raised the following issues which are summarised below:

1. The building is of quality design and to be constructed from quality materials in accordance with TAN 12 and will have a positive impact on the wider Gower AONB and immediate Conservation Area. 2. Report has been submitted by Rob Colley to address the Councils concerns relating to the potential for protected species using the building. 3. This application will remove an unsightly building and result in the improvement of the visual appearance of the area. 4. The application site forms part of the settlement of Horton and is not in the countryside. 5. The applicant is willing to enter into a Section 106 Agreement tieing the business and the apartment. 6. Building cannot be seen from the beach. 7. Council should encourage redevelopment of the site, in line with Tourism objectives set out in the Unitary Development Plan. Applicant needs to live on site. 8. PPW supports development of this kind. 9. Proposal will provide valuable employment in the area and a boost to the local economy. 10. Mrs Richards is disabled and can no longer reside in the existing flat and therefore requires to live on site in the modified proposed flat which can meet her disabled need. 11. The recent appeal at Hillend Caravan Park, Llangennith overruled the Council’s refusal and allowed a detached dwelling to provide managers accommodation on site. 12. The supporting statement claims that the UDP does not allocate additional housing land in the area, to cater for local housing needs and that these housing policies have led to a shortage of new housing of any description, causing hardship for those seeking housing in the area.

Gower Medical Practice:

1. I can confirm that Mrs Jean Richards is a patient registered with my practice and has been since 06.02.82 and is well known to me. Mrs Richards has a number of medical problems which unfortunately has caused increasing and significant difficulty with her mobility. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 15 (CONT’D) APPLICATION NO. 2008/0951

She suffers with generalised osteoarthritis and underwent a left sided knee joint replacement in 2004. Her Orthopaedic Surgeon has also identified that she has significant arthritis in her right knee but it has not yet been agreed to undertake further surgery on this.

Because of these problems she is unable to manage stairs. Her current accommodation is in a flat on first floor level which can only be accessed by an external stairway although there is a lift in place this is open to the elements and unreliable. I would consequently recommend and support that alternative accommodation should be developed.

She also suffers with high blood pressure which is managed on medication and she continues to take regular pain killers to manage the arthritis in her right knee.

Because of her mobility difficulties she is in receipt of a disabled persons blue badge for parking etc.

2. I can confirm that Mr Brian Richards is a patient registered with my Practice and has been so since 08.12.48. He is well known to me as a patient. Mr Richards has a history of recurrent bouts of vertigo and tinnitus affecting his left ear. These have been episodic and troublesome at times. In 2004 he was referred for an ENT specialist opinion which confirmed a diagnosis of intermittent rotational vertigo. Because of ongoing problems he had a further opinion in March 2008 when the opinion was that the picture probably suggested a condition called Menier’s disease. He is currently awaiting the results of further investigations with regard this. Although his condition is episodic and variable, not impinging on his mobility, it is nevertheless unpredictable and at times his mobility is affected making it difficult to manage the stairs as in his current situation.

APPRAISAL

This application was reported to Committee for decision at the request of Councillor Richard Lewis.

Full planning permission is sought for a replacement building to provide a cellar, ground floor work shop/store and reception area with first floor self contained apartment at Bank Farm, Horton. The applicant’s agent has submitted a supporting statement and explains that the proposed building is intended to replace the existing dilapidated cellar/workshop and store.

Planning permission was previously refused by this Authority under Ref: 2007/2678 in March 2008 for a similar proposal as it was considered that the development would have resulted in the introduction of a visually obtrusive and unjustified form of development within the open countryside that would have seriously detracted from the character and appearance of the Horton Conservation Area and the natural beauty of Gower AONB. Furthermore the applicant failed to demonstrate that the proposal would not have an adverse impact on protected species.

The proposed building predominately differs from the previous refusal in that it has been reduced in height, size and scale. The proposal incorporates on the lower ground floor storage, a workshop, buggy store and dead work room. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 15 (CONT’D) APPLICATION NO. 2008/0951

On the upper ground floor it incorporates gas bottle storage, cellar, office, reception and a lobby. The flat at first floor level incorporates 2 No. bedrooms, one en-suite, balcony, kitchen, living room, and bathroom and has been identified by the agent as being for use of the owner and his disabled wife.

Whilst the site lies within the Horton Conservation Area, with the proposed building in close proximity to the periphery of the village built form, the Caravan Park clearly lies outside the settlement of Horton. The proposed building is therefore situated within the countryside and the site occupies an elevated position in the landscape.

Whilst the applicant’s agent maintains that the proposal would provide improvements to the site with the building replacing a dilapidated structure, it is considered that in terms of its overall siting, design and relationship with the existing surrounding area, this building will resemble a residential property, and as such should be considered on its merits in the context of the impact upon the Horton Conservation Area and Gower AONB.

The main issues for consideration, in this instance, therefore are whether there is suitable justification for the proposed development at this location, the impact upon the Gower AONB, the character and appearance of the Horton Conservation Area, and the impact upon the amenities of neighbouring residents. This is having regard to the prevailing policies of the Unitary Development Plan, and recent National Planning Policy Guidance provided by Planning Policy Wales 2002. There are considered to be no additional issues arising from the provisions of the Human Rights Act.

In light of the above, the extant local development plan policies that are pertinent to this application are Policies EV22, EV26 and EV20 of the UDP. These policies presume against any new development in the open countryside of Gower except in exceptional circumstances where it can be demonstrated that it is an appropriate development associated with nature conservation, rural recreation and tourism or other appropriate justification. As this proposal relates to the improvement of an existing site, Policies EC17 and EC21 of the UDP are considered relevant, as they seek to promote developments that are in unobtrusive locations and are in keeping with the scale, nature and character of the area, within which they are situated.

Moreover, as the application site is in a Conservation Area, Policy EV9 of the UDP is appropriately applied, which strictly encourages the acceptability of development proposals that will preserve and enhance the character and appearance of the Conservation Area.

Policy EV1 requires development to be sympathetic to the character and amenity of the site and surrounding area, and Policy EV2 requires the siting of new development to have regard to the physical character and topography of the site and its surroundings, and avoid locations that would have a significant adverse impact on prominent landscapes, and avoid conspicuous locations on prominent skylines and ridges.

These policies are reinforced by Planning Policy Wales 2002, which states that within AONBs, the primary objective of this designation is the preservation of the natural beauty of this area, and development control decisions affecting the AONB should respect this by considering the importance of traditional and local distinctiveness. Proposed development needs to respect and enhance where possible the environment through location, scale, and design. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 15 (CONT’D) APPLICATION NO. 2008/0951

In addition Technical Advice Note (Wales) 12: Design, emphasises that the “visual appearance of proposed development, its scale and its relationship to its surroundings are material planning considerations in determining planning applications”.

Whilst it is acknowledged that the proposed building has been reduced in size and will replace existing buildings that are in a poor state of repair it is not considered that the siting of the proposed building together with its scale, design and appearance are appropriate at this location and, would result in significant adverse harm to the character and appearance of the Conservation Area and the Gower AONB. The proposal does not assimilate into the landscape of the village or the Conservation Area. Furthermore the land in question is considered to be within the countryside and no over riding justification for its location, scale and design has been demonstrated. As such the proposed development fails to comply with prevailing development plan policies with no other overriding material considerations.

Notwithstanding this, turning to the effect on residential amenity, it is considered that given the sites positioning at a higher level than the neighbouring dwellings coupled with the separation distances that the proposed works will not give rise to unacceptable overbearing, overshadowing or overlooking and as such the residential amenities of the neighbouring dwellings can be maintained.

Whilst it is not disputed the replacement of the existing building would be both beneficial to the existing caravan site, Conservation Area and wider AONB, the application cannot be supported in its current form. Furthermore the appellants supporting statement states that the new dwelling is required because of increasing visitor numbers, the fact the appellant’s wife is disabled and the fact the two existing flats and dwelling on the site are currently occupied by employees and directors of the site. These are not, however, considered sufficient reasons or justification to warrant the creation of a new residential unit in the countryside of the Gower AONB.

Having consulted with the Head of Transportation and Engineering it is considered that this proposal is unlikely to have any highway safety or parking implications. As such there are no highway objections.

It is important to note that the Gower Society objects to the scheme on the grounds of its size, height and impact upon the skyline. Reference is also made to the previous refusal and the design is not considered to be in sympathy with the Conservation Area and the wider AONB. These issues have been addressed above.

In response to the additional supporting information received the Council would like to reiterate that in principle the Local Planning Authority would support the regeneration of the existing buildings to provide additional a sensitively designed building to incorporate office space and facilities for the existing site, however this does not and no further evidence has been submitted to justify the creation of an additional residential unit on site.

The agent makes reference to a Section 106 Agreement, however no such agreement has been submitted to the LPA for discussion and has not therefore taken into consideration during the determination of this application. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 15 (CONT’D) APPLICATION NO. 2008/0951

The Applicants Agent has attached significant weight with regard to justifying the proposal, on the fact that the building is not considered to be widely visible from wider public vantage points and whilst the proposed building may be screened in part from the beach, this is not regarded as a sufficient reason to allow unjustified new development in the countryside. In this respect Planning Policy Wales (PPW) (Para 9.3.6) states clearly that the “fact that a single house on a particular site would be unobtrusive is not, by itself, a good argument in favour of permission, such permissions could be granted too often, to the overall detriment of the character of the area.”

Whilst the Agent is correct in stating that PPW supports tourism development, this National Guidance is clear, however, that inappropriate development should not be allowed to outweigh the fundamental objectives of Policies which seek to preserve and enhance the character and appearance of the Gower AONB and protect the countryside from unjustified development. The applicant already resides on site and has, it is considered, provided no justification for allowing a further third dwelling on the caravan site outside the settlement of Horton.

The submitted letter of support from the applicants GP is acknowledged. Whilst the existing flat may be difficult to convert satisfactorily for the applicant’s future needs, the justification for a further flat in this respect is regarded as questionable from an accessibility viewpoint. Similarly the applicants desire to remain in the locality is recognized but again is not regarded as sufficient justification to allow a new dwelling in the open countryside contrary to policy. To accept this argument clearly would set a very dangerous precedent for similar development within the open countryside and within the Gower AONB. On this basis, the personal circumstances and preferences of the applicant should not, it is considered, be allowed to outweigh the provisions of the Development Plan and other important planning considerations in this instance.

In this respect it should be recognised the Paragraph 4.1.6 of Planning Policy Wales advises that the personal circumstances of occupiers or personal hardship will rarely outweigh more general planning considerations and that personal permissions will hardly ever be justified for works or uses that will remain long after the personal circumstances of the applicant have changed. Whilst the personal circumstances of the applicant are recognised, it is not considered that these represent exceptional circumstances which would override the provisions of the Unitary Development Plan and justify the creation of a new dwelling in the open countryside contrary to policy.

Reference has been made to the recent Appeal decision at Hillend Caravan Park. This campsite, however, had no existing permanent manager’s residence, where as Bank Farm currently has two such residences. At Hillend the Inspector considered that a proven need was established for a manager’s residence in compliance with Policy EV20 of the UDP, which is not considered to be the case with regard to the current application. In this respect no information has been submitted to justify the functional and financial need for a third dwelling on this caravan site under the provisions of the above policy.

The supporting statement claims that the UDP does not allocate additional housing land in the area, to cater for local housing needs and that these housing policies have led to a shortage of new housing of any description, causing hardship for those seeking housing in the area. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 15 (CONT’D) APPLICATION NO. 2008/0951

However, as it is a primary objective of the UDP to allocate sufficient land to cater for choice and diversity in the housing market, it is not accepted that these policies and planned allocations discriminate against demonstrable or proven local housing needs in the Gower AONB.

In conclusion, it is considered that the provision of a replacement building to provide cellar, workshop and reception area at this location may be acceptable if they were housed in a smaller single storey structure of a siting and design that was more in keeping with the surrounding area. Having regard to the above considerations, however, including the Human Rights Act, it is considered that there is no justification for the development of a two-storey building incorporating a residential unit at this location. The proposal would also result in the introduction of a visually obtrusive from of development that seriously detracts from the visual amenity and character of Horton Conservation Area and the natural beauty of Gower AONB. As such it fails to comply with the requirements of Policies EV1, EV2, EV9, EV20, EV22, EV26, EC17 and EC21 of the Swansea Unitary Development Plan. Refusal is therefore recommended.

RECOMMENDATION

REFUSE, for the following reasons:

1 The development would result in the introduction of a visually obtrusive and unjustified form of development within the open countryside that would seriously detract from the character and appearance of the Horton Conservation Area and the natural beauty of the Gower AONB. As such the proposal conflicts with the requirements of Policies EV1, EV2, EV9, EV20, EV22, EV26, EC17 and EC21 of the UDP.

2 Approval of this application would set an undesirable precedent for the consideration of similar applications within the countryside, the cumulative affect of which would be the unacceptable erosion of the natural beauty and character of the open countryside in Gower AONB contrary to Policies EV1, EV2, EV20, EV22, EV26, EC17 and EC21 of the UDP.

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, EV20, EV22, EV26, EC17 and EC21.

PLANS

Site location plan, BBA 366.P.03 Existing plan and elevations, : Received 6th May 2008. Amended plans BBA366,P.02A- proposed site plan, BBA366.P.03A- proposed plans and elevations received 4th July 2008

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 16 APPLICATION NO. 2009/1037 WARD: Area 2 Gower

Location: Field 0005 Bank Farm Horton Swansea SA3 1LL Proposal: Use of land for a caravan rally for a maximum of 30 units from 21st to 23rd March 2010 (inclusive) Applicant: The Caravan Club

BACKGROUND INFORMATION

POLICIES

Policy Policy Description Policy EC22 Control of camping and touring caravans on farms and storage of touring caravans. (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)

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)

SITE HISTORY

Various applications over many years which include:

App No. Proposal 2009/0953 Use of land for a caravan rally for a maximum of 30 units from 5th to 23rd August 2010 (inclusive) Decision: Officer Consideration Decision Date: 04/08/2009

2009/0031 Use of land for a caravan rally for a maximum 60 units from 10th April 2009 to 14th April 2009 (inclusive) Decision: Grant Temporary Permission Decision Date: 19/03/2009

2009/0624 Use of land for a caravan rally for a maximum 160 units from 23rd July to 15th August 2010 (inclusive) Decision: Grant Temporary Permission Decision Date: 16/07/2009 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 16 (CONT’D) APPLICATION NO. 2009/1037

2009/0918 Use of land for a caravan rally for a maximum of 60 units from 28th May to 6th June 2010 (inclusive) Decision: Grant Temporary Permission Decision Date: 06/08/2009

RESPONSE TO CONSULTATIONS

The application was advertised on site. No response.

The Gower Society – Comments as follows:

1. We are concerned to note that there are an increasing number of such applications for this site; it appears to be a back door method of increasing caravan numbers within the AONB. 2. In this case, the site is well into the AONB and in a conspicuous occasion; we note that the application is for outside the peak season 3. Its length seems to suggest that this is a genuine rally. 4. This site has a history of such applications; our records show a significant increase in both the numbers and frequency of such.

We once again stress the need to keep a ventral register of such applications in order to build up a picture of the true situation throughout he season.

Highway Observations - No highway objection to the renewal of this temporary consent.

APPRAISAL

Temporary planning permission is sought for the use of land for a caravan rally for 30 units from 21st to 23rd March 2010 at Field 0005, Bank Farm, Horton, Gower.

Bank Farm includes an established caravan and camping site comprising two static caravan parks, a touring unit field, a camping field and a small chalet development overlooking Port-Eynon Bay located to the west of the village of Horton.

The main issue for consideration in this instance is the effect of the proposal on the character and appearance of the area, having regard to prevailing Structure and Local Plan policies. It is not considered that the provisions of the Human Rights Act raise any other overriding considerations.

Bank Farm occupies a prominent area of land overlooking Horton and Port Eynon Bays. In addition to the fields used for static and touring caravans it accommodates a number of rallies each year on the remainder of the farm land. All of these rallies are organised by Exempted Organisations who apply for permission each year. The approval of caravan rallies in Gower is strictly monitored to ensure that rallies do not clash in dates or location, which should overcome any concern by The Gower Society. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 16 (CONT’D) APPLICATION NO. 2009/1037

As the proposed rally does not clash with any others in Gower at this time, it is considered that the proposal accords with the primary objectives of Policies EV22 and EV26 which are to protect the character, appearance and natural beauty of the Gower AONB and also meets the essential criteria of Policy EC22 which states that temporary camping should minimise significant impacts upon the environment, road network and utilities.

Turning to highway safety issues, The Head of Transportation and Engineering has raised no highway objection.

In conclusion therefore and having regard to all material planning considerations, including the Human Rights Act, the proposal is considered to constitute an acceptable form of development which would not have a detrimental effect on the character, appearance or natural beauty of this part of the Gower AONB and approval is therefore recommended.

RECOMMENDATION:

APPROVE, subject to the following condition:

1 This permission is granted for the following dates only 21st March 2010 to 23rd March 2010 (inclusive) and is without prejudice to any application that may be received in the future either from the applicants or in respect of this site. Reason: In order that the Local Planning Authority may review the situation and in order to achieve a satisfactory form and pattern of development in accordance with the intentions of the Article 4 Direction.

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: EC22, EV22, EV26

2 The applicant shall comply with the requirements of the Head of Environmental Health Services of the City and County of Swansea.

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

PLANS

Site location plan received 16th July 2009

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 17 APPLICATION NO. 2009/0953 WARD: Area 2 Gower

Location: Field 0005 Bank Farm Horton Swansea SA3 1LL Proposal: Use of land for a caravan rally for a maximum of 30 units from 5th to 23rd August 2010 (inclusive) Applicant: The Caravan Club

BACKGROUND INFORMATION

POLICIES

Policy Policy Description Policy EC22 Control of camping and touring caravans on farms and storage of touring caravans. (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)

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)

SITE HISTORY

Various historical applications which include:

App No. Proposal 2009/1037 Use of land for a caravan rally for a maximum of 30 units from 21st to 23rd March 2010 (inclusive) Decision: CALLED IN Application (Swansea) Decision Date: 24/07/2009

2009/0031 Use of land for a caravan rally for a maximum 60 units from 10th April 2009 to 14th April 2009 (inclusive) Decision: Grant Temporary Permission Decision Date: 19/03/2009

2009/0624 Use of land for a caravan rally for a maximum 160 units from 23rd July to 15th August 2010 (inclusive) Decision: Grant Temporary Permission Decision Date: 16/07/2009 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 17 (CONT’D) APPLICATION NO. 2009/0953

2009/0918 Use of land for a caravan rally for a maximum of 60 units from 28th May to 6th June 2010 (inclusive) Decision: Grant Temporary Permission Decision Date: 06/08/2009

RESPONSE TO CONSULTATIONS

The application was advertised on site. No response.

The Gower Society – objects:

1. We are concerned to note that there are an increasing number of such applications; it appears to be a back door method of increasing caravan numbers within the AONB. 2. In this case, the site is well into the AONB and in a conspicuous occasion.. 3. This rally is planned for peak season. It overlaps another rally on this site – this will compromise access and site numbers. 4. This site has a history of such applications; our records show a significant increase in both the numbers and frequency of such. 5. The waste water system at Horton is overloaded in peak season; this so called additional rally for over two weeks in August will be detrimental to the system. 6. Equally the mains water system was not designed for such a large influx of caravans that are becomingly increasingly more sophisticated in their demands.

We object to this application and once again stress the need to keep a central register of such applications in order to build up a true situation throughout the season.

Highway Observations - No highway objection to the renewal of this temporary consent.

APPRAISAL

Temporary planning permission is sought for the use of land for a caravan rally for 30 units from 5th to 23rd August 2009 at Field 0005, Bank Farm, Horton, Gower.

Bank Farm includes an established caravan and camping site comprising two static caravan parks, a touring unit field, a camping field and a small chalet development overlooking Port-Eynon Bay located to the west of the village of Horton.

The main issue for consideration in this instance is the effect of the proposal on the character and appearance of the area, having regard to prevailing Structure and Local Plan policies. It is not considered that the provisions of the Human Rights Act raise any other overriding considerations.

Bank Farm occupies a prominent area of land overlooking Horton and Port Eynon Bays. In addition to the fields used for static and touring caravans it accommodates a number of rallies each year on the remainder of the farm land. All of these rallies are organised by Exempted Organisations who apply for permission each year. The approval of caravan rallies in Gower is strictly monitored to ensure that rallies do not clash in dates or location.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 17 (CONT’D) APPLICATION NO. 2009/0953

Whilst it is accepted that the rally proposed in this application would be innocuous in itself when taken in isolation and rallies of this number have been approved at this location for many years, it must be noted that a rally for 160 units has already been approved on the adjacent field 7700 from 23rd July to 15th August 2009 - 2009/0624 refers. It is considered therefore, that to occupy these two fields at the same time for the period of time requested would unduly impact upon the visual amenities of this sensitive area within the AONB.

In overall terms therefore, it is considered that the proposal fails to accord with the primary objectives of Policies EV22 and EV26 which are to protect the character, appearance and natural beauty of the Gower AONB and it also fails to meet the essential criteria of Policy EC22.

Turning to highway safety issues, The Head of Transportation and Engineering has raised no highway objection. With regards to the comments made by the Gower Society with regards to numbers and frequency, these issues have been addressed above. No objection has been received from Welsh Water with regards to the issue of pressure on the waste water system at Horton.

In conclusion therefore and having regard to all material planning considerations, including the Human Rights Act, the proposal therefore constitutes an unacceptable form of development at this sensitive location within the open countryside, which, cumulatively with the other rally for the same farm at the same time, would have a seriously detrimental effect on the character, appearance and natural beauty of this part of the Gower AONB. It is considered approval of this application could establish an undesirable precedent for applications of a similar nature the cumulative effect of which would be a serious erosion in the character, appearance and natural beauty of the Gower AONB. Refusal is therefore recommended.

RECOMMENDATION

REFUSE, for the following reason:

1 The cumulative effect of the proposal in conjunction with the proposed rally for 160 units already approved on Field 7700 (Ref: 2009/0624) would have a detrimental impact upon this sensitive landscape and the character and appearance of the Gower AONB, contrary to the requirements of Policies EC22, EV22 and EV26 of the 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 EC22, EV22 and EV26.

PLANS

Site location plan received 26th June 2009

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 18 APPLICATION NO. 2007/2379 WARD: Area 2 Sketty

Location: Land at 246 and 264 Derwen Fawr Road Sketty Swansea SA2 8EJ Proposal: Residential development (outline) Applicant: Dr G & Mrs A M Jones

BACKGROUND INFORMATION

POLICIES

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

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

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

Policy 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)

SITE HISTORY

App No. Proposal 85/0713/01 ERECTION OF 3 DWELLINGS. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 29/08/1985

78/1516/03 ALTERATIONS AND ADDITIONS TO COTTAGE Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 22/02/1979

RESPONSE TO CONSULTATIONS

The application was advertised on site and in the Local Press and 5 neighbouring properties were consulted individually. SIX LETTERS OF OBJECTION/CONCERNS received, the principal points of which may be summarised as follows: AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 18 (CONT’D) APPLICATION NO. 2007/2379

• The bridleway SK105 is in use by the occupants of only 5 properties hence low traffic flow. It is thought that to allow the site to be accessed off the bridleway may be in contravention of the Road Traffic Act. • The bridleway is single track and the developers intention to widen it will transform the bridleway into a busy estate road. • Flora and fauna is mature and well maintained CCW should be consulted in respect of any existing protected habitats. • Previous smaller scale applications on land within the current application site have been refused. • Vehicle manoeuvring is currently treacherous. • Parking spaces that have existed for 40 years will be destroyed. • The recent approval at the bible college site will intensify traffic. The proposal for up to a further 20 houses will exacerbate this situation. It is suggested that if the bible college scheme had included an additional 20 units it would have been rejected. • The density of the development is out of keeping with the area. • The mini-roundabout will increase noise nuisance to nearby residents. Traffic will be forced to slow down and then accelerate. • Visibility in and out of existing driveways is limited. The proposal will not change this, but will increase the number of vehicles using the road. • The proposal will effectively create a new highway on the floor of Clyne Valley. • Large vehicles and buses will have to drive over the proposed mini-roundabout as they will be unable to negotiate around it. • Approval of this application and the alterations to the road will change the character of the area. • the Local Authority should not allow continued parcelling of established gardens • The land is not Brownfield. historic maps clearly show it to be agricultural • The pedestrian arrangements shown are unsafe.

Sketty Residents Association – we are already concerned that there is further development planned for the lower end of Derwen Fawr Road. A substantial estate of 54 units, both houses and apartments is planned for the east side of the lower end of Derwen Fawr Road and we are aware that local residents have registered concerns about the housing density. The proposal now aims to place a small estate on the other side of the road.

The proposal will add very considerably to the traffic entering Derwen Fawr Road at this point and the roundabout incorporated would seem essential to easing traffic into the existing system.

There will be considerably more traffic using the junction of Derwen Fawr Road and Mumbles Road. This is likely to have an effect on Sketty Lane which already experiences saturation during rush hours. Singleton Hospital and the Fire Service require ready access to Sketty Lane. The University sports facilities also are affected by traffic here. This road is likely to have to cope with more traffic as motorists find increasing delays in the Derwen Fawr route to the Mumbles Road.

Major improvements to the Derwen Fawr Road/Mumbles Road junction should be considered by the Authority. The junction is already a black spot for accidents and this section of the road is very close to two speed cameras, presumably installed to reduce excessive speed in the area. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 18 (CONT’D) APPLICATION NO. 2007/2379

Could a roundabout at this location be considered as part of the application? It is pleasing that there are no plans to widen Derwen Fawr Road as this helps to reduce speed in the traffic passing along it but there is a need to improve the pedestrian safety through the Emmanuel College section.

The planned development of 20 houses appears to be appropriate to the area. It is hoped that his number does not increase as at least 74 new residences are proposed for the area if the development on the other side of the road is included resulting in a substantial alteration to the area. Great care will be needed when considering the details to ensure the character of the area is not affected. It is also hoped that trees on and near the site covered by Tree Preservation Orders will be protected. The efforts made to ensure the existing wall is rebuilt to provide a footway is appreciated, it is however important that every effort is made to ensure that the rural qualities of this area are not lost through development.

Environment Agency - The Agency has no objection subject to a number of conditions

Countryside Council for Wales – No objection subject to the following being considered when making a recommendation on this application:

1. A WAG license being obtained before any site clearance or demolition works take place on any part of the site 2. Any new houses on the site of the existing two houses must provide opportunities for bat roosting as a “like for like;;” replacement for the crevice roosting opportunities present 3. There will be a need for a detailed lighting plan for the new builds to prevent illumination of bat access points and the lesser horseshoe flight lines. 4. Any trees shrubs or other soft or hard landscape features around the bat hibernacula are retained to provide flight lines for bats.

Welsh Water - Request that any consent contains conditions and informative to ensure no detriment to existing residents or the environment and to Welsh Water's assets.

Highway Observations –

1. Background

1.1 This proposal is an outline application for residential development on land at 244 and 246 Derwen Fawr Road. A transport assessment has been submitted in support of the application and has assessed the impact of 20 dwellings on the site.

1.2 The estimated trip generation is approximately 11 two-way movements in the am peak and 14 two-way movements in the pm peak. This is not a high volume of additional movements but is in addition to that already on the local network.

2. Access

2.1 The site is to be accessed from the lane at the bottom of Derwen Fawr Road near the bend. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 18 (CONT’D) APPLICATION NO. 2007/2379

The lane is indicated to be improved to adoptable standards through the provision of a 5.5m wide carriageway and a 2m wide footway on one side and a 1.2m wide footway on the other. The proposed road into the site itself is indicated to be 5.5m wide with one 2m wide footway.

2.2 The applicant has indicated a mini roundabout at the junction of the lane with Derwen Fawr Road and this is acceptable in principle as it will slow vehicles down further at the bend and help to control movement into and out of the access lane potentially increasing safety at that location. Adjustment to vegetation will be needed to ensure adequate visibility at the roundabout junction.

2.3 Additional improvements are proposed with the development of the former Emanuel School site opposite that will further enhance safety at this location through the provision of a footway around the bend.

3. Highway safety

3.1 The development of this land with an adopted highway will enable the provision of a footway through the site that could be linked to the existing footway north of 244 Derwen Fawr Road. This aspect can be conditioned should consent be granted.

3.2 There are existing complaints of speeding traffic along Derwen Fawr Road and previous proposals have been required to implement traffic calming features and adjustment of speed limits. As this proposal will add additional traffic movements in the vicinity, the developer should also be required to provide traffic calming which would enable calming to be extended beyond the narrow sections and further along Derwen Fawr Road. There will also be a need to provide some form of traffic calming on the approach to the new mini roundabout from the Mumbles Road direction.

3.3 The junction of Derwen Fawr Road with Mumbles Road is to have its surfacing enhanced in connection with a previously approved development and I would also recommend that further adjustments be carried out to accommodate these additional movements by reforming the left hand kerbline at the junction with Mumbles Road as this presently has a sub-standard slip lane which would be better removed to enhance safety.

4. Conclusions

4.1 This proposal to construct 20 houses has been supported with a transport assessment that indicates all roads in the vicinity can accommodate the additional traffic movements generated by the proposal. All transportation aspects are satisfactory and subject to additional works being undertaken the proposal is acceptable from a highway safety point of view.

5. Recommendation

5.1 I recommend no highway objections subject to the following; AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 18 (CONT’D) APPLICATION NO. 2007/2379

i. The roundabout works shall be completed in accordance with details to be submitted and approved prior to the occupation of any dwelling within the development.

ii. Prior to the beneficial use of the development commencing, the Junction of Derwen Fawr Road with Mumbles Road shall be improved in accordance with details to be submitted and approved.

iii. Before any dwellings are occupied on the site, suitable traffic calming shall be implemented along Derwen Fawr Road in accordance with details to be agreed.

iv. The internal road layout shall be laid out and constructed in accordance with Highway Authority standards and specification.

v. The development shall include for a footway connecting the site to the existing footway north of 244 Derwen Fawr Road, in accordance with details to be submitted and approved.

vi. A Travel Plan shall be submitted within 12 Months of consent being granted and such Travel Plan shall be implemented upon first occupation of the development.

APPRAISAL

This application is reported to Committee for decision at the request of Councillor June Stanton.

This application seeks outline planning permission for residential development on land at 246 and 264 Derwen Fawr Road, Sketty, Swansea.

The application site lies within the urban settlement of Sketty and consists of No. 246 Derwen Fawr Road and its associated garden, part of the garden of No. 244 Derwen Fawr Road and a small cottage, No. 264 Derwen Fawr Road located in the south western corner of the site. each of the dwellings have a separate vehicular access with No’s 244 and 246 being accessed directly off Derwen Fawr Road and no. 264 accessed via bridleway sk105 which runs to the south of the site. The application site covers an area of approximately 0.88 hectares and is roughly rectangular in shape with a gradual incline form south to north.

Derwen Fawr Road forms the eastern boundary of the site, a single carriageway along the length of the boundary punctuated by a number of passing places. The Emmanuel Grammar School lies on the opposite side of Derwen Fawr Road. Bridleway SK105 runs along the site’s southern boundary and to the west lie the rear gardens of residential properties on High View Gardens. The remaining garden of No. 244 and its associated access drive bound the site to the north. There are a number of trees on the application site that are subject to Tree Preservation Order No. P18/1/2/218 and pockets of Japanese knotweed have also been identified on site. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 18 (CONT’D) APPLICATION NO. 2007/2379

Whilst there is no relevant planning history on the application site itself, outline consent has recently been granted for residential development on the site of the former Emmanuel Grammar School (2006/2135 refers) and more recently (January 2009), Committee resolved to grant full planning permission for 54 units on this neighbouring site, subject to a S106 Agreement. This current proposal seeks outline planning permission for the residential development of the application site. Whilst the application is submitted in outline form means of access is to be considered at the outline stage, with all other matters reserved for subsequent future approval. It is envisaged that No’s. 246 and 264 Derwen Fawr Road will be demolished as part of any redevelopment of the site.

Access to the site will be derived via the provision of one access point along the southern boundary onto bridleway SK105. This will avoid any impact on the protected trees along the eastern boundary and will also facilitate highway safety improvements by the provision of a 6.0m mini roundabout at the junction of Derwen Fawr Road and the bridleway.

Planning Policy Wales (2002) (PPW) section 2.5.3 states that higher density development, including residential development should be encouraged near public transport nodes or near corridors well served by public transport. Paragraph 2.7.1 states that previously developed land should, wherever possible be used in preference to greenfield sites and recognises that the use of previously developed sites will promote sustainability objectives, particularly those sites in and around existing settlements, where there is vacant or underused land. Furthermore Para. 9.1.2 states that Local Planning Authorities should promote sustainable residential environments avoid large housing areas of monotonous character and make appropriate provision for affordable housing by promoting development that meets certain criteria including development that is easily accessible by public transport, cycling and walking. Finally planning Policy Wales Para 9.3.1 states that new housing development should be well integrated with and connected to the existing pattern of settlements.

With regard to the Swansea Unitary Development Plan, Policy HC2 is concerned with urban infill housing and states that proposals for housing development within the urban area will normally be supported where the site has been previously developed or is not covered by conflicting plan polices. Any such development should not result in ribbon development, cramped/over intensive development, unacceptable loss of residential amenity, unacceptable impact upon the character and appearance of the area, loss of green space or unacceptable highway conditions, or result in the overloading of available community y facilities. Policy EV1 stipulates that new development should be in accordance with objectives of good design. Policy EV2 states that the siting of new development should give preference to the use of previously developed land and have regard to the physical character and topography of the site and its surroundings. Policy AS1 is concerned with the traffic implications of new housing development and states that development should be located in areas that are currently highly accessible.

Whilst the application is submitted in outline form, the supporting planning statement indicates that any reserved matters scheme would make provision for approximately 15- 20 houses, the details of siting scale and design would be considered fully at reserved matters stage, and as such there is little that can be considered in visual amenity terms at this stage other than the formation of the new mini-roundabout controlled access and the potential impact upon the protected trees on site which provide significant amenity value. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 18 (CONT’D) APPLICATION NO. 2007/2379

This having been said it is considered that the site is of sufficient size to adequately accommodate 15-20 dwellings without giving rise to a cramped or overdeveloped site. The access arrangements will be appraised in detail later in the report. With regard to the trees, three potential access points were considered by the developers and the access included as part of this application was chosen to minimise the impact on the protected trees and ensure as many as possible will be retained. Whilst it is accepted that it may be necessary to remove some protected trees, the most important in terms of amenity value can be retained and replacement planting provided to mitigate any loss all of which can be considered in greater detail at the reserved matters stage and controlled adequately via condition.

Similarly, the impact of the proposal upon residential amenity can be fully assessed at the reserved matters stage, however it is considered that the site is of sufficient size to adequately accommodate development of the density intended (i.e. 15-20 dwelling) without compromising the residential amenities of neighbouring occupiers.

Turning now to the access arrangements. A transport assessment has been submitted in support of the application and has assessed the impact of 20 dwellings on the site. The estimated trip generation is approximately 11 two-way movements in the am peak and 14 two-way movements in the pm peak. The Head of Transportation and Engineering does not consider this to be a high volume of additional movements but is in addition to that already on the local network. The site is to be accessed from the lane at the bottom of Derwen Fawr Road near the existing bend. The lane is indicated to be improved to adoptable standards through the provision of a 5.5m wide carriageway and a 2m wide footway on one side and a 1.2m wide footway on the other. The proposed road into the site itself is indicated to be 5.5m wide with one 2m wide footway. The applicant has indicated a mini roundabout at the junction of the lane with Derwen Fawr Road and the Head of Transportation and Engineering considers this acceptable in principle as it will slow vehicles down further at the bend and help to control movement into and out of the access lane potentially increasing safety at that location. Adjustment to vegetation will be needed to ensure adequate visibility at the roundabout junction. Additional improvements are proposed with the development of the former Emanuel School site opposite that will further enhance safety at this location through the provision of a footway around the bend.

The development of this land with an adopted highway will enable the provision of a footway through the site that could be linked to the existing footway north of 244 Derwen Fawr Road. This aspect can be conditioned should consent be granted. There are existing complaints of speeding traffic along Derwen Fawr Road and previous proposals have been required to implement traffic calming features and adjustment of speed limits. As this proposal will add additional traffic movements in the vicinity, the developer, it is considered, should be required to contribute to traffic calming costs which would enable calming to be extended beyond the narrow sections and further along Derwen Fawr Road. The Head of Transportation and Engineering considers that there will also be a need to provide some form of traffic calming on the approach to the new mini roundabout from the Mumbles Road direction. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 18 (CONT’D) APPLICATION NO. 2007/2379

The junction of Derwen Fawr Road with Mumbles Road is to have its surfacing enhanced in connection with a previously approved development and the Head of Transportation and Engineering recommends that further adjustments be carried out to accommodate these additional movements by reforming the left hand kerbline at the junction with Mumbles Road as this presently has a sub-standard slip lane which would be better removed to enhance safety.

This proposal to construct 20 houses has been supported with a transport assessment that indicates all roads in the vicinity can accommodate the additional traffic movements generated by the proposal. All transportation aspects are considered satisfactory and subject to additional works being undertaken the proposal is regarded as acceptable from a highway safety point of view.

The Head of Transportation and Engineering, therefore, recommends no highway objections subject to the following; i. The roundabout works shall be completed in accordance with details to be submitted and approved prior to the occupation of any dwelling within the development. ii. Prior to the beneficial use of the development commencing, the Junction of Derwen Fawr Road with Mumbles Road shall be improved in accordance with details to be submitted and approved. iii. Prior to beneficial use commencing, a contribution shall be made towards traffic calming on Derwen Fawr Road in accordance with details to be agreed. iv. The internal road layout shall be laid out and constructed in accordance with Highway Authority standards and specification. v. The development shall include for a footway connecting the site to the existing footway north of 244 Derwen Fawr Road, in accordance with details to be submitted and approved. vi. A Travel Plan shall be submitted within 12 Months of consent being granted and such Travel Plan shall be implemented upon first occupation of the development.

Turning now to ecological matters, an early site visit by the Departments ecologists identified the need for a full species survey to be undertaken on the site. This formal request was made however outside the recognised survey season (May–September) on this basis the application has been held in abeyance in agreement with the applicants to afford a reasonable opportunity for the ecological value of the site to be fully surveyed and assessed. An initial survey was received on the 21st April 2008 however the Countryside Council for Wales (CCW) were not satisfied that sufficient information was contained and maintained an objection to the application pending the submission of a full bat survey. A further survey was received on the 9th July 2009 and CCW are satisfied with the level of survey carried out given the importance of the area for bats. On this basis, CCW does not object to the proposal subject to compliance with a number of conditions which will ensure the necessary WAG license is obtained prior to works commencing, and that important flightlines are not disturbed and are considered a conservation priority. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 18 (CONT’D) APPLICATION NO. 2007/2379

This re-enforces the amenity value of the trees and the need to ensure that the important trees are retained. This can again, it is considered, be controlled fully via an appropriately worded condition.

It is important to note that the since the submission of the application in 2007 the Swansea Unitary Development Plan has been adopted and as such Policy HC3, which requires provision of affordable housing on sites of 25 or more dwellings or, in the Swansea West Strategic Housing Policy Zone, on sites of 10 or more dwellings is relevant. The applicant has indicated a willingness to comply with the requirements of the current policy framework and it is recommended that this be delivered by way of an appropriately worded Section 106 Obligation.

Finally with regard to the objection letters received, the principle points raised relate to issues of visual and residential amenity which have been addressed in detail above. Detailed observations relating to traffic flow, congestion, visibility and existing traffic hazards are raised and have all been addressed in detail above. Further issues relating to flora and fauna, protected trees and protected species have also been raised and once again have been addressed in detail above. A further point has been raised suggesting that the land was historically agricultural and as such should not be considered as a brownfield site. Whilst this may be so, the application falls to be considered against the existing prevailing development plan policies and land allocations and it is considered, falls within the definition of brownfield land as prescribed in PPW.

In conclusion therefore and having regard to the constraints of this site identified above it is considered that the application demonstrates that a residential development of the density indicated can be achieved on this site without unacceptably detracting from the low density character of the surrounding area. The proposal seeks to retain the protected high amenity trees on site and proposes an amount of replanting. It is considered that the existing character and appearance of Derwen Fawr Road would not be unacceptably compromised. Furthermore it is not considered that the proposal will compromise or prejudice current highway safety standards and would not unacceptably impact on the amenities of existing local residents or future residents of the development. On balance therefore the proposal is not considered to conflict with Policies HC2, EV1, EV2 and AS1 of the Swansea Unitary Development Plan.

The Environment Agency have offered no objection to the proposal and are satisfied that subject to the imposition of conditions site drainage can be satisfactorily managed.

Similarly, no objection has been received from Countryside Council for Wales or Welsh Water, subject to the imposition of conditions.

Having regard to the foregoing, approval is therefore recommended.

RECOMMENDATION

APPROVE, subject to the applicant entering into a Section 106 Obligation in respect of affordable housing provision, the amount and type to be agreed, and to the following conditions: AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 18 (CONT’D) APPLICATION NO. 2007/2379

1 Details of the 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 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.

3 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.

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

5 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.

6 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.

7 No development approved by this permission shall be commenced until a scheme for the disposal of foul and surface waters has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be completed in accordance with the approved details prior to first occupation of the development. Reason: To prevent pollution of the water environment

8 Prior to the commencement of development, a Method Statement for the proposed treatment and disposal of Japanese Knotweed shall be implemented in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Any proposed storage sites for contaminated soils shall be approved in advance as part of the submitted Method Statement. Reason: It is a contravention of the Wildlife and Countryside Act 1981 (as amended) to cause the growth of Japanese knotweed in the wild. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 18 (CONT’D) APPLICATION NO. 2007/2379

9 No development approved by this permission shall be commenced until a Method Statement detailing all necessary pollution prevention measures for the construction phase of the development is submitted to and approved in writing by the Local Planning Authority. The Method Statement shall identify: . storage facilities for all fuels, oils and chemicals . construction compounds, car parks, offices etc . details of surface water drainage arrangements to be installed to intercept and treat contaminated surface water run off . details of measures to ensure no polluting discharge from haul roads/disturbed areas . details of the nature, type and quantity of material to be imported on to the site . measures for dealing with any contaminated materials (demolition waste or excavated waste) . identification of any buried services, such as foul sewers, so that they are protected Reason: For the prevention of pollution

10 No development approved by this permission shall be commenced until a Waste Management Plan for the control, management, storage and disposal of demolition waste/excavated material has been submitted to and approved in writing by the Local Planning Authority Reason: To ensure sustainability principles are adopted during development.

11 The proposed roundabout works shall be completed prior to the occupation of any dwelling within the development in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interest of highway safety

12 Prior to the beneficial use of the development commencing, the junction of Derwen Fawr Road with Mumbles Road shall be improved in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interest of highway safety

13 The internal road layout shall be laid out and constructed to Highway Authority standards and specification in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interest of highway safety

14 The development shall include a footway connecting the site to the existing footway north of No. 244 Derwen Fawr Road, which shall be completed prior to the first occupation of the development in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interest of highway safety

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 18 (CONT’D) APPLICATION NO. 2007/2379

15 Prior to the commencement of development a Travel Plan shall be submitted to and approved in writing by the Local Planning Authority and the approved Travel Plan shall be implemented in accordance with the approved details upon first occupation of the development. Reason: In the Interest of highway safety

16 Bat roost spaces and entrances (exits) shall be incorporated into the detailed development design, which shall provide at least equal potential provision for the size of roost identified in the bat survey report and the provision of bat boxes on trees in the locality of house Number 246. The detail of these features shall be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of development and shall accord with the details prescribed in any European protected species license for the development. Reason: In the interest of the ecology and amenity of the area and in the interest of protecting species listed under Schedule 2 and 4 of the Conservation (Natural Habitats) Regulations 1994

17 Prior to the commencement of any works on site a demolition method statement shall be submitted to and approved in writing by the Local Planning Authority. The method statement provided shall detail the timing and method of working, the detail of which shall accord with any subsequent European protected species license for the development area. Reason: In the interest if the ecology and amenity of the area and in the interest of protecting species listed under Schedule 2 and 4 of the Conservation (Natural Habitats) Regulations 1994.

18 Detailed plans shall be submitted as part of the reserved matters application showing existing features that are presently most likely to be significant flightlines for bats to the existing roost and shall include details of trees shrubs or other soft or hard landscape features to be retained or established for the use by bats as flightlines to and from the roosts provided within the development. Reason: In the interest of the ecology and amenity of the area and in the interest of protecting species listed under Schedule 2 and 4 of the Conservation (Natural Habitats) Regulations 1994.

19 No development or other operations shall take place except in accordance with the guide on "The Protection of Trees on Development Sites" attached to this planning permission. No trees, shrubs, or hedges shall be felled or cut back in any way, except where expressly authorised by the landscaping scheme as approved by the Local Planning Authority until two years after the completion of the development. Any trees, shrubs or hedges removed without such authorisation, or dying, or being seriously damaged or diseased before the end of that period shall be replaced by plants of a size and species as may be agreed with the Local Planning Authority. Reason: To secure the protection of trees growing on the site whilst the development is being carried out.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 18 (CONT’D) APPLICATION NO. 2007/2379

20 Where any species listed under Schedule 2 and 4 of the Conservation (Natural Habitats) Regulations 1994 is present on the site (or other identified part) in respect of which this permission is hereby granted, no works of site clearance, demolition or construction shall take place in pursuance of this permission unless a license to disturb any such species has been granted in accordance with the aforementioned Regulations and a copy thereof has been produced to the Local Planning Authority. Reason: In the interest of protecting species listed under Schedule 2 and 4 of the Conservation (Natural Habitats) Regulations 1994.

21 Before any dwellings are occupied on the site, suitable traffic calming shall be implemented along Derwen Fawr Road in accordance with details to be submitted to and agreed in writing by the Local Planning Authority. Reason: In the interest of highway safety

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, and HC2 of the Swansea Unitary Development Plan.

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

3 The Developer must contact the Network Manager City and County of Swansea, Highways Division, Players Industrial Estate, Clydach, Swansea, SA6 5BJ. Tel: 01792 841610 before carrying out any work.

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

PLANS

Site location plan dated 23rd October 2007

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 19 APPLICATION NO. A00/0350 WARD: Area 2 Pennard

Location: Part of field 4156, Penybanc Farm, Fairwood, Swansea Proposal: Retention of caravan for residential purposes Applicant: J C Barrow

BACKGROUND INFORMATION

National Planning Guidance

Planning Policy Wales 2002

Technical Advice Note 6 – Agriculture and Rural Development

Technical Advice Note 12 – Design

Unitary Development Plan

Part 1

POLICIES

Policy SP1 Sustainable development will be pursued as an integral principle of the planning and development process. Development proposals designed to a high quality and standard, which enhance townscape, landscape, sense of place, and strengthen Swansea’s Waterfront identity, will be favoured.

Policy SP2 The countryside will be protected and conserved with green wedges shaping the urban form and safeguard the urban form and safeguarding the distinctive interplay of town and country.

Policy SP3 The natural and built and cultural heritage of the County will be protected and enhanced to safeguard from materially harmful development

Policy SP7 Land will be made available for the development of new homes by: (ii) Appropriate infill and rounding off within and at edge of settlements with good transport links. (iii) Securing appropriate provision to meet the county’s need for affordable housing.

Part 2

Policy EV1 New development shall accord with the objectives of good design.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 19 (CONT’D) APPLICATION NO. A00/0350

Policy EV2 The siting of new development should give preference to the use of previously developed land and must have regard to the physical character and topography of the site and its surroundings.

Policy EV20 In the countryside new dwellings will only be permitted where: (i) the dwelling is required to accommodate a full time worker solely or primarily employed in agriculture, forestry or an appropriate use to serve the rural economy who needs to live on the premises rather than a nearby settlement (ii) there is no alternative existing dwelling available in nearby settlements or suitable building on the farm for conversion (iii) the proposed dwelling is located as close as possible to the existing farm buildings or forestry complex.

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.

Policy EV26 Within the Gower AONB, the primary objective is the conservation and enhancement of the area’s natural beauty.

SITE HISTORY

2005/1824 Detached bungalow. Being considered concurrently at this Committee.

RESPONSE TO CONSULTATIONS

The application was advertised on site and in the press as a Departure from the Local Plan. No response.

Pennard Community Council – Objects as the proposal is contrary to planning policy. The Community Council are not aware of any substantial loss of sheep due to theft that would warrant a residential caravan on this site.

Highway Observations – No highway objection.

APPRAISAL

This application is reported to Committee because it was considered to constitute a departure to the Development Plan.

Full planning permission is sought for the siting of a single residential caravan on land adjacent to Fairwood Common, on part of field no. 4156, that used to form part of the original Penybanc Farm. The application site is situated on land abutting Fairwood Common, within an area of open countryside within the Gower Area of Outstanding Natural Beauty. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 19 (CONT’D) APPLICATION NO. A00/0350

Background Information

The evidence submitted with this application and the subsequent application for a detached bungalow on this application site (application reference 2005/1824), appears to indicate that the caravan has been on site since 2000. However, the caravan, the subject of this application, has never been formally registered and the Council Tax records have no current registered address known as ‘Penybanc’ Farm. Both these current applications at the same application site are being considered at this Committee.

In addition, following further meetings with the applicant’s agent, further up to date information has been submitted, which clarifies the land currently being farmed by the applicant and the reasons why he wishes to remain resident on this particular site, which is discussed in more detail below.

Policy Considerations

The main issues to be considered are whether or not the principle of a caravan in this location is acceptable, having regard to agricultural need and the visual impact of the development upon the character and appearance of this part of Fairwood and the surrounding Gower Area of Outstanding Natural Beauty, when considered against National Planning Guidance and the prevailing Unitary Development Plan Policies, relating to new residential development in the open countryside and the AONB. There are in this instance no overriding issues to be considered under the Human Rights Act.

The parcel of land is located in the open countryside where any residential dwelling would be considered under Policy EV20 of the Unitary Development Plan, which only allows for development, where:-

(i) The dwelling is required to accommodate a full time worker solely or primarily employed in agriculture, forestry or an appropriate use to serve the rural economy who needs to live on the premises rather than a nearby settlement, and (ii) There is no alternative existing dwelling available in nearby settlements and there are no existing buildings on the farm or forestry unit suitable for conversion to residential use, and (iii) The proposed dwelling is located as close as possible to the existing farm buildings, forestry complex or place of work.

The amplification to this policy explains that any application for permanent dwelling would need to be accompanied by objective information assessing:-

(i) The functional need for the dwelling (ii) Demonstrating the financial sustainability of the enterprise, and (iii) The genuineness of the need for accommodation to serve the enterprise.

In addition, the amplification to the policy further explains that where it is considered that a new dwelling will be required in support of a new agricultural activity, but the case is not yet fully proven, the Council may consider granting temporary planning permission for the siting of a caravan for a period up to three years to allow time for the viability of the enterprise to be demonstrated (para. 1.6.16, Chapter 1, City and County of Swansea Unitary Development Plan). AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 19 (CONT’D) APPLICATION NO. A00/0350

More detailed advice in terms of satisfying the functional and financial tests for new dwellings in the open countryside is contained in TAN 6 entitled ‘Agricultural and Rural Development’. At paragraph 50 of this document reference is made to the provision of dwellings in such locations in the form of temporary accommodation, particularly when associated with newly created enterprises.

Details of the holding

The difficulty has been to ascertain the actual details of land tenure and livestock, together with the rights of common afforded to this applicant.

Officers have sought advice from a private agricultural consultant on the justification for a permanent residence at this location in connection with the application for a detached bungalow to replace the caravan (Ref. 2005/1824). The consultant’s advice, given in December 2006 was that further information was required, because there were some differences and anomalies between the information submitted in support of the two applications Refs. A00/0350 and 2005/1824, and also concerns have been raised regarding the common land rights available to the applicant.

As a result, further meetings have been held with the applicant’s agent to clarify the above details, including where the various animals are kept, and how many are grazed on common land. However, apart from revised plans of the land holdings submitted this year, the agent has referred back to the questionnaire completed in 2005 and supporting correspondence in 2007, and no further clarifying information has been submitted.

With regard to common land rights, the Common Land Registration Officer has previously confirmed that without the Land Registry title and the formal apportionment application being properly submitted to the Council, it is unclear what common land grazing rights are formally available to the applicant. These matters have been discussed with the applicant’s agent but no further details have been submitted.

However, based on the original records for Penybanc Farm (before it was sold in the 1980s), and the plan submitted with this application regarding the land ownership at Fairwood, it appears that the applicant has acquired some land with common rights. These are estimated by the Commons Land Registration Officer to be approximately 18.2 acres at Fairwood with common land grazing rights, which would allow approximately 15 head of cattle or 15 horses, or 75 sheep in respect of Title WA 128456. These would be exercisable over Fairwood and Clyne, Pengwern Common, Bishopston and Barlands Commons. However, it is not known how many of the applicant’s animals are kept on the common land.

The information submitted to date in support of the application indicates, however, that the current holding comprises three separate parcels of land, as follows:-

• 20 acres of land owned by the applicant at Fairwood (owned since 1986) • 40 acres of land rented at Killay Fawr, Upper Killay on a twelve year Farm tenancy (lease commenced 24th November 2000) • 23 acres of land is held on a short term tenancy agreement at Craig Cefn Golau (renewed annually). AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 19 (CONT’D) APPLICATION NO. A00/0350

Of these the only secure land holding is the 20 acre unit at Fairwood, whilst the remaining 47 acres at Killay Fawr is leased on a 12 year Farm Business Tenancy (with presumably approximately 3 years remaining), and the 23 acres at Craig Cefn Parc has an unclear tenure.

Enterprises

Based on the details submitted in December 2006, it is also clear that the applicant is actively farming, and the farm is run as one holding with stripped out traditional suckler cow and sheep enterprises. The applicant has approximately 45 suckler cows and 2 bulls, with progeny kept for two years and then sold on, and 450 ewes kept as long breeders set with 11 rams with only approximately 20 replacement ewe lambs kept each year, and the remaining progeny sold for lamb meat. All animals kept outside in the field (15 cows at Killay Fawr and 30 cows and sheep at Pen y Banc).

Based on the information submitted it is also clear that all the above land is dedicated to grass, and the applicant’s farm buildings are located at Fairwood and include cattle enclosures/timber pole barn and storage facilities for animal feeds and hay. In addition, the applicant runs stock on the neighbouring common land, however as referred to above the precise up to date numbers have not been submitted.

Functional need for a permanent residence

As described above, the 20 acres owned by the applicant is physically separate from the original farm house at Fairwood which was sold off in the 1980s. In addition, it has been confirmed recently by the applicant’s agent that the existing dwelling at the leased land at Killay Fawr is owned by Sketty Park Estates. Whilst it is noted there is a substantial livestock yard at Killay Fawr, Upper Killay, the original farmhouse at that site is therefore in private ownership, and is not available for the applicant to live in. As such, there is no existing dwelling house available at any of the three sites farmed by the applicant. However, no details have been submitted of any other dwellings potentially available for sale in the surrounding area.

The applicant has clarified that he wishes to retain his residence at Fairwood, because this 20 acre small holding is the only land he owns and is next to his agricultural store buildings. He has advised that in the past he suffered loss of stock and equipment when he lived off site. It is noted that Killay Fawr is 2 miles from Fairwood and Craig Cefn Golau is 4 miles away.

The application for a caravan as residential accommodation is considered against Tan 6, Paragraph 50. To permit a caravan in such circumstances, the functional and financial tests are required. The functional test is required to show that there is a proven agricultural need for a farm worker to be present on site most times out of necessity. The need must be sufficient to override other planning considerations and cannot be satisfied in other ways.

Based on the information submitted, it is clear that the applicant is farming livestock over the entire holding and all calving and lambing is not carried inside and not in one location. The Council’s agricultural consultant has advised that the only potential for need for a worker to be on site at Fairwood is to service the fattening of the few lambs that are fattened there. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 19 (CONT’D) APPLICATION NO. A00/0350

Whether there is a wider agricultural need for a worker to be on the farm as a whole, most times out of necessity is not the test. The test requires evidence that the worker is needed at this Fairwood location most times out of necessity and that the need can therefore only be satisfied by a permanent residence at this location. As the farm is spread out over three locations, there is concern in this particular case that the functional test has not been properly satisfied, and as a result there is inconclusive evidence of functional need.

Financial test

The financial test was not carried out in 2006 because the Council’s agricultural consultant was of the opinion that the functional test was inconclusive. Furthermore, as no more demonstrable information has been submitted, and there is no material change in information since 2006, the agricultural tests have not been undertaken again.

Conclusions regarding TAN 6 tests

Whilst it appears that the caravan has been on site to service this unit at this address over a period of nine years, the information submitted does not satisfy the TAN 6 tests, and the case is therefore not yet proven that the applicant has to live at this particular location. As such there are not sufficient grounds to allow a permanent residence (caravan or dwelling) at this location to support a rural enterprise. Without a demonstrable agricultural need for a dwelling at this location, the application fails to comply with Policy EV20 of the City and County of Swansea Unitary Development Plan. It is acknowledged that the proposal is not for a dwelling house but for a caravan, but in essence the principle of development is the same for both in this instance.

However, in the absence of conclusive evidence, there may be sufficient grounds to allow a temporary planning permission for the caravan for a further short period of one year given the length of time that the caravan appears to have been on site. This would allow the applicant time to secure alternative accommodation and/or to submit sufficient objective information (such as accounts and details of animal records, and formal application for common land rights) to demonstrate the functional and financial need for a residence at this location.

Highways Issues

The Head of Transportation and Engineering raises no highway objection. Access to the site is already in situ and is derived via a track across the adjacent common from the main South Gower Road. The access also serves the fields and other farm buildings comprising part of the 20 acre holding at this location which is owned by the applicant.

Impact on the character and appearance of the surrounding area

In addition to the above considerations, the impact of the caravan on the character and appearance of this open countryside location within the Gower Area of Outstanding Natural Beauty has been considered.

The application site is located opposite Fairwood Airport on the edge of Fairwood Common which lies near the eastern boundary of “Fairwood, Pengwern and Welshmoor Site of Special Scientific Interest (SSSI)” which is part of the Gower Commons Special Area of Conservation (SAC). AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 19 (CONT’D) APPLICATION NO. A00/0350

In terms of its visual impact, the caravan is sited in the western extremity of small agricultural holding where it abuts the edge of Fairwood Common, and despite some mitigation by the intervening hedgerow, the caravan is partially visible from the nearby main South Gower road. Given this sensitive location careful consideration needs to be given to the need for a permanent structure at this particular location against the need to safeguard the visual character and appearance and environmental capital of the landscape, so that it is preserved for the benefit of future generations.

Central Government guidance, provided by Planning policy Wales 2002 and Technical Advice Note (Wales) 12: Design set out the critical principles and objectives in respect of sustainability, biodiversity, design and housing need, which are applied to reinforce the policies of the extant Development Plan. Within AONBs the primary objective of this designation is the preservation of the natural beauty of this area, and development control decisions affecting the AONB should respect this by considering the importance of traditional and local distinctiveness.

In addition, reference should be made to Section 37 of the Countryside Act which states that in AONBs authorities should pay due regard to the needs of agriculture and the economic and social needs of an area when exercising their duties. Thus exceptions to policy are possible where a clear case for agricultural need is made.

In this case, as described above there are outstanding concerns that the case for a caravan at this particular location has not been adequately proven, despite the fact that the caravan appears to have been on site for approximately nine years. As such it is considered that without an overriding agricultural need, the proposed retention of this caravan would be unacceptable as it represents an unacceptable and unjustified structure at this isolated location that fails to conserve or enhance the character and appearance and natural beauty of the AONB. As such it fails to comply with Policies EV1, EV2, EV22 and EV26 of the City and County of Swansea Unitary Development Plan.

Other material considerations

Given the ecological significance of the adjacent land, consideration should be given to the likely significant effects of the proposal on the interests of the site. However, because of the overriding concerns regarding the principle of this development an appropriate assessment under the Habitat Regulations has not been carried out.

Conclusions

In conclusion and having regard to all material considerations, including the Human Rights Act, it is considered that the applicant has failed to demonstrate that there is an overriding agricultural need for a residential caravan at this location out of neccesity at all times in connection with his farming business. Moreover given its visual impact, the retention of the caravan at this sensitive location, is considered to represent an unacceptable residential development within the open countryside of Gower AONB, contrary to Policies SP1, SP2, SP3, SP7, EV1, EV2, EV20, EV22 and EV26 of the Unitary Development Plan 2008.

However, in this case it is acknowledged that there are mitigating personal circumstances. In particular, based on the information submitted the applicant is actively farming livestock, both in his landholding and on the adjoining common land, and the caravan appears to have been on site for the past nine years. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 19 (CONT’D) APPLICATION NO. A00/0350

On this basis, it is considered reasonable to allow the applicant a further 12 months to secure alternative accommodation or to submit sufficient objective information in support of his application, as required by the tests of TAN 6 and Policy EV20, that substantiates the need for a permanent residence at this location.

On balance, therefore it is considered reasonable to allow a temporary planning permission for 12 months to allow the applicant time to submit the necessary information, and the authority to reassess the proposal at the end of that time period.

RECOMMENDATION

APPROVE, subject to the following condition:

1 Notwithstanding the provisions of Section 91 of the Town and Country Planning Act 1990 and the Town and Country (General Permitted Development) Order 1995, this permission is for a limited period of 12 months only, expiring on 25th August 2010 when the use shall cease and any works carried out under this permission shall be removed and the land reinstated in accordance with a scheme to be agreed in writing with the Local Planning Authority. Reason: To ensure that the need for a caravan at this location is properly assessed by the Local Planning Authority, and monitored to prevent occupation by persons other than as agricultural related accommodation.

INFORMATIVES

1 The applicant is advised to submit objective information as a matter of urgency assessing: (i) The functional need for the dwelling, and (ii) Demonstrating the financial sustainability of the enterprise, and (iii) The genuineness of the need for the accommodation to serve the enterprise, in line with the requirements of Policy EV20 of the Swansea Unitary Development Plan and TAN6, Agriculture and Rural Development.

2 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: Policies SP1, SP2, SP3, SP7, EV1, EV2, EV20, EV22, EV26.

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

PLANS

Site location plan received 7th March 2000, amended plans received 15th April 2009.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 20 APPLICATION NO. 2005/1824 WARD: Area 2 Pennard

Location: Pen y Banc Farm, Fairwood Common, Fairwood, Swansea Proposal: Detached bungalow Applicant: Mr and Mrs J Barrow

BACKGROUND INFORMATION

National Planning Guidance

Planning Policy Wales 2002

Technical Advice Note 6 – Agriculture and Rural Development

Technical Advice Note 12 – Design

Unitary Development Plan

Part 1

POLICIES

Policy SP1 Sustainable development will be pursued as an integral principle of the planning and development process. Development proposals designed to a high quality and standard, which enhance townscape, landscape, sense of place, and strengthen Swansea’s Waterfront identity, will be favoured.

Policy SP2 The countryside will be protected and conserved with green wedges shaping the urban form and safeguard the urban form and safeguarding the distinctive interplay of town and country.

Policy SP3 The natural and built and cultural heritage of the County will be protected and enhanced to safeguard from materially harmful development

Policy SP7 Land will be made available for the development of new homes by: (ii) Appropriate infill and rounding off within and at edge of settlements with good transport links. (iii) Securing appropriate provision to meet the county’s need for affordable housing.

Part 2

Policy EV1 New development shall accord with the objectives of good design.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 20 (CONT’D) APPLICATION NO. 2005/1824

Policy EV2 The siting of new development should give preference to the use of previously developed land and must have regard to the physical character and topography of the site and its surroundings.

Policy EV20 In the countryside new dwellings will only be permitted where: (iv) the dwelling is required to accommodate a full time worker solely or primarily employed in agriculture, forestry or an appropriate use to serve the rural economy who needs to live on the premises rather than a nearby settlement (v) there is no alternative existing dwelling available in nearby settlements or suitable building on the farm for conversion (vi) the proposed dwelling is located as close as possible to the existing farm buildings or forestry complex.

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.

Policy EV26 Within the Gower AONB, the primary objective is the conservation and enhancement of the area’s natural beauty.

SITE HISTORY

A00/0350 Retention of caravan for residential purposes. Being considered concurrently at this Committee.

RESPONSE TO CONSULTATIONS

ORIGINAL PLANS

The application was advertised on site and in the press as a Departure from the Local Plan. No response.

Countryside Council for Wales – Advise that the development is separated from the Fairwood, Pengwern and Welshmoor Commons SSSI by a hedgerow, and in their opinion is not likely to damage the features of the SSSI, however advise that works are carried out in mind of the SSSI. Important that Environment Agency are consulted.

Pennard Community Council – Objects as the proposal is in an Area of Outstanding Natural Beauty, and an area where further development is to be strongly resisted. If this application was successful, it would set an dangerous precedent.

AMENDED PLANS

The application was re-advertised on site. No response. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 20 (CONT’D) APPLICATION NO. 2005/1824

Countryside Council for Wales – No objection in principle to this application subject to the following mitigation measures being incorporated into the scheme. The environment Agency are consulted and are fully satisfied and in agreement with the surface water drainage and foul water treatment associated with this bungalow.

Environment Agency – Advises that as the development is near Gower Commons SAC that an appropriate assessment under Section 48 of Habitats Regulations is undertaken. In consideration of the sensitivity of the surrounding area, all appropriate pollution control measures are adopted through construction.

Pennard Community Council – Objection summarised as follows:-

The plan which was enclosed gives insufficient information about the proposed bungalow. Refers to previous objection. Concerns raised that allegations that mobile caravan is being used as a permanent residential use on site. No reply received.

Highway Observations – Access to the proposed bungalow will be via a narrow farm track. The standard of the junction of the track with the main A4118 Gower road is acceptable for the level of use proposed and I therefore have no objections to raise.

APPRAISAL

Full planning permission is sought for a detached bungalow on land adjacent to Fairwood Common, on part of field no. 4156, that used to form part of the original Penybanc Farm. The application site is situated on land abutting Fairwood Common, within an area of open countryside within the Gower Area of Outstanding Natural Beauty.

Background Information

The evidence submitted with this application and the former application for the retention of a caravan on this application site (application reference A00/0350) appears to indicate that the caravan has been on site since 2000. However, the caravan has never been formally registered and the Council Tax records have no current registered address known as ‘Penybanc’ farm. Both these current applications at the same application site are being considered at this Committee.

In addition, following further meetings with the applicant’s agent, further up to date information has been submitted, which clarifies the land currently being farmed by the applicant and the reasons why he wishes to remain resident on this particular site, which is discussed in more detail below.

Policy Considerations

The main issues to be considered are whether or not the principle of a dwelling in this location is acceptable, having regard to agricultural need and the visual impact of the development upon the character and appearance of this part of Fairwood and the surrounding Gower Area of Outstanding Natural Beauty, when considered against National Planning Guidance and the prevailing Unitary Development Plan Policies, relating to new residential development in the open countryside and the AONB. There are in this instance no overriding issues to be considered under the Human Rights Act.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 20 (CONT’D) APPLICATION NO. 2005/1824

The parcel of land is located in the open countryside where any residential dwelling would be considered under Policy EV20 of the Unitary Development Plan, which only allows for development, where:-

(i) The dwelling is required to accommodate a full time worker solely or primarily employed in agriculture, forestry or an appropriate use to serve the rural economy who needs to live on the premises rather than a nearby settlement, and (ii) There is no alternative existing dwelling available in nearby settlements and there are no existing buildings on the farm or forestry unit suitable for conversion to residential use, and (iii) The proposed dwelling is located as close as possible to the existing farm buildings, forestry complex or place of work.

The amplification to this policy explains that any application for permanent dwelling would need to be accompanied by objective information assessing:-

(i) The functional need for the dwelling (ii) Demonstrating the financial sustainability of the enterprise, and (iii) The genuineness of the need for accommodation to serve the enterprise.

In addition, the amplification to the policy further explains that where it is considered that a new dwelling will be required in support of a new agricultural activity, but the case is not yet fully proven, the Council may consider granting temporary planning permission for the siting of a caravan for a period up to three years to allow time for the viability of the enterprise to be demonstrated (para. 1.6.16, Chapter 1, City and County of Swansea Unitary Development Plan).

More detailed advice in terms of satisfying the functional and financial tests for new dwellings in the open countryside is contained in TAN 6 entitled ‘Agricultural and Rural Development’. At paragraph 50 of this document reference is made to the provision of dwellings in such locations in the form of temporary accommodation, particularly when associated with newly created enterprises.

Details of the holding

The difficulty has been to ascertain the actual details of land tenure and livestock, together with the rights of common afforded to this applicant.

Officers sought advice from an agricultural consultant on the justification for a permanent residence at this location in connection with this application. The consultant’s advice, given in December 2006 was that further information was required, because there were some differences and anomalies between the information submitted in support of the two applications refs. A00/0350 and 2005/1824, and also concerns have been raised regarding the common land rights available to the applicant.

As a result, further meetings have been held with the applicant’s agent to clarify the above details, including where the various animals are kept, and how many are grazed on common land. However, apart from revised plans of the land holdings submitted this year, the agent has referred back to the questionnaire completed in 2005 and supporting correspondence in 2007, and no further clarifying information has been submitted. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 20 (CONT’D) APPLICATION NO. 2005/1824

With regard to common land rights, the Common Land Registration Officer has previously confirmed that without the Land Registry title and the formal apportionment application being properly submitted to the Council, it is unclear what common land grazing rights are formally available to the applicant. These matters have been discussed with the applicant’s agent but no further details have been submitted.

However, based on the original records for Penybanc Farm (before it was sold in the 1980s), and the plan submitted with this application regarding the land ownership at Fairwood, it appears that the applicant has acquired some land with common rights. These are estimated by the Commons Land Registration Officer to be approximately 18.2 acres at Fairwood with common land grazing rights, which would allow approximately 15 head of cattle or 15 horses, or 75 sheep in respect of Title WA 128456. These would be exercisable over Fairwood and Clyne, Pengwern Common, Bishopston and Barlands Commons. However, it is not known how many of the applicant’s animals are kept on the common land.

The information submitted to date in support of this application indicates, however, that the current holding comprises three separate parcels of land, as follows:-

• 20 acres of land owned by the applicant at Fairwood (owned since 1986) • 40 acres of land rented at Killay Fawr, Upper Killay on a twelve year Farm tenancy (lease commenced 24th November 2000) • 23 acres of land is held on a short term tenancy agreement at Craig Cefn Golau (renewed annually).

Of these the only secure land holding is the 20 acre unit at Fairwood, whilst the remaining 47 acres at Killay Fawr is leased on a 12 year Farm Business Tenancy (with presumably approximately 3 years remaining), and the 23 acres at Craig Cefn Parc has an unclear tenure.

Enterprises

Based on the details submitted in December 2006, it is clear that the applicant is actively farming, and the farm is run as one holding with stripped out traditional suckler cow and sheep enterprises. The applicant has approximately 45 suckler cows and 2 bulls, with progeny kept for two years and then sold on, and 450 ewes kept as long breeders set with 11 rams with only approximately 20 replacement ewe lambs kept each year, and the remaining progeny sold for lamb meat. All animals kept outside in the field (15 cows at Killay Fawr and 30 cows and sheep at Pen y Banc).

Based on the information submitted it is also clear that all the above land is dedicated to grass, and the applicant’s farm buildings are located at Fairwood and include cattle enclosures/timber pole barn and storage facilities for animal feeds and hay. In addition, the applicant runs stock on the neighbouring common land, however as referred to above the precise up to date numbers have not been submitted. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 20 (CONT’D) APPLICATION NO. 2005/1824

Functional need for a permanent residence

As described above, the 20 acres owned by the applicant is physically separate from the original farm house at Fairwood which was sold off in the 1980s. In addition, it has been confirmed recently by the applicant’s agent that the existing dwelling at the leased land at Killay Fawr is owned by Sketty Park Estates. Whilst it is noted there is a substantial livestock yard at Killay Fawr, Upper Killay, the original farmhouse at that site is therefore in private ownership, and is not available for the applicant to live in. As such, there is no existing dwelling house available at any of the three sites farmed by the applicant. However, no details have been submitted of any other dwellings potentially available for sale in the surrounding area.

The applicant has clarified that he wishes to retain his residence at Fairwood, because this 20 acre small holding is the only land he owns and is next to his agricultural store buildings. He has advised that in the past he suffered loss of stock and equipment when he lived off site. It is noted that Killay Fawr is 2 miles from Fairwood and Craig Cefn Golau is 4 miles away.

The application for a dwelling as residential accommodation is considered against Tan 6, Paragraph 50. To permit a dwelling in such circumstances, the functional and financial tests are required. The functional test is required to show that there is a proven agricultural need for a farm worker to be present on site most times out of necessity. The need must be sufficient to override other planning considerations and cannot be satisfied in other ways.

Based on the information submitted, it is clear that the applicant is farming livestock over the entire holding and all calving and lambing is not carried inside and not in one location. The Council’s agricultural consultant has advised that the only potential for need for a worker to be on site at Fairwood is to service the fattening of the few lambs that are fattened there. Whether there is a wider agricultural need for a worker to be on the farm as a whole, most times out of necessity is not the test. The test requires evidence that the worker is needed at this Fairwood location most times out of necessity and that the need can therefore only be satisfied by a permanent residence at this location. As the farm is spread out over three locations, there is concern in this particular case that the functional test has not been properly satisfied, and as a result there is inconclusive evidence of functional need.

Financial test

The financial test was not carried out in 2006 because the Council’s agricultural consultant was of the opinion that the functional test was inconclusive. Furthermore, as no more demonstrable information has been submitted, and there is no material change in information since 2006, the agricultural tests have not been undertaken again.

Conclusions regarding TAN 6 tests

Whilst it appears that the caravan has been on site to service this unit at this address over a period of nine years, the information submitted does not satisfy the TAN 6 tests, and the case is therefore not yet proven that the applicant has to live at this particular location. As such there are not sufficient grounds to allow a permanent residence (caravan or dwelling) at this location to support a rural enterprise. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 20 (CONT’D) APPLICATION NO. 2005/1824

Without a demonstrable agricultural need for a dwelling at this location, the application fails to comply with Policy EV20 of the City and County of Swansea Unitary Development Plan.

However, in the absence of conclusive evidence, there may be sufficient grounds to allow a temporary planning permission for the caravan for a further short period of one year, to allow the applicant to secure alternative accommodation and/or to submit sufficient objective information (such as accounts and details of animal records, and formal application for common land rights) to demonstrate the functional and financial need for a residence at this location. This issue is, however, considered under the provisions of planning application Ref: A00/0350 which is also reported to this meeting for consideration.

Highways Issues

The Head of Transportation and Engineering raises no highway objection. Access to the site is already in situ and is derived via a track across the adjacent common from the main South Gower Road. The access also serves the fields and other farm buildings comprising part of the 20 acre holding at this location which is owned by the applicant.

Impact on the character and appearance of the surrounding area

In addition to the above considerations, the impact of the dwelling on the character and appearance of this open countryside location within the Gower Area of Outstanding Natural Beauty has been considered.

The application site is located opposite Fairwood Airport on the edge of Fairwood Common which lies near the eastern boundary of “Fairwood, Pengwern and Welshmoor Site of Special Scientific Interest (SSSI)” which is part of the Gower Commons Special Area of Conservation (SAC).

In terms of its visual impact, the dwelling will be sited in the western extremity of small agricultural holding where it abuts the edge of Fairwood Common, and despite some mitigation by the intervening hedgerow, it would be highly visible from the nearby main South Gower road. Given this sensitive location careful consideration needs to be given to the need for a permanent structure at this particular location against the need to safeguard the visual character and appearance and environmental capital of the landscape, so that it is preserved for the benefit of future generations.

Central Government guidance, provided by Planning policy Wales 2002 and Technical Advice Note (Wales) 12: Design set out the critical principles and objectives in respect of sustainability, biodiversity, design and housing need, which are applied to reinforce the policies of the extant Development Plan. Within AONBs the primary objective of this designation is the preservation of the natural beauty of this area, and development control decisions affecting the AONB should respect this by considering the importance of traditional and local distinctiveness.

In addition, reference should be made to Section 37 of the Countryside Act which states that in AONBs authorities should pay due regard to the needs of agriculture and the economic and social needs of an area when exercising their duties. Thus exceptions to policy are possible where a clear case for agricultural need is made. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 20 (CONT’D) APPLICATION NO. 2005/1824

In this case, as described above there are outstanding concerns that the case for a permanent residence at this particular location has not been adequately proven, despite the fact that the caravan appears to have been on site for approximately nine years. As such it is considered that without an overriding agricultural need, the introduction of a new dwelling, albeit single storey, would be unacceptable as it represents an unacceptable and unjustified structure at this isolated location that fails to conserve and enhance the character and appearance and natural beauty of the AONB. As such it fails to comply with Policies EV1, EV2, EV22 and EV26 of the of the City and County of Swansea Unitary Development Plan.

Other material considerations

The Environment Agency has advised of the potential need for an appropriate assessment under section 48 of the Habitat Regulations be carried out in consultation with the Countryside Council for Wales given the nearby proximity of the Gower Commons SAC. The Countryside Council for Wales and the Council’s Ecologist, however, have raised no objection subject to satisfactory mitigation that the surface water and foul water drainage arrangements for this site are acceptable.

In addition, the concerns of Pennard Community Council are noted and have been addressed in the consideration of this application and covered in the main report above.

Conclusions

In conclusion and having regard to all material considerations, including the Human Rights Act, it is considered that the applicant has failed to demonstrate that there is an overriding agricultural need for a detached bungalow residence at this location out of necessity at all times in connection with his farming business. Moreover given its visual impact, the introduction of a permanent dwelling at this sensitive location is considered to represent an unacceptable residential development within the open countryside of Gower AONB, contrary to Policies SP1, SP2, SP3, SP7, EV1, EV2, EV20, EV22 and EV26 of the Unitary Development Plan 2008.

RECOMMENDATION

REFUSE for the following reasons:

1. The applicant has failed to demonstrate an agricultural or overriding economic or social need for a residential dwelling at this location and the proposal therefore constitutes an unjustified urbanising development in the open countryside which would detract from the character and appearance and natural beauty of this open countryside location and the Gower Area of Outstanding Natural Beauty, contrary to Policies EV1, EV2, EV20, EV22 and EV26 of the City & County of Swansea Unitary Development Plan.

2. Approval of this application would set an undesirable precedent for developments of a similar nature, the cumulative effect of which would seriously detract from the rural character of this location and would lead to unacceptable erosion of the significant character of the Gower Area of Outstanding Natural Beauty.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 25TH AUGUST 2009

ITEM 20 (CONT’D) APPLICATION NO. 2005/1824

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: SP1, SP2, SP3, SP7, EV1, EV2, EV20, EV22, EV26.

PLANS

The drawing numbers/description to which this decision refers are as follows:

Drawing(s) No.(s): Site location plan, Large scale plan, Block plan, Plans/Elevations - dated 24th Aug, 2005. Amended plans of land tenure received 15th April 2009.

AREA 2 DEVELOPMENT CONTROL COMMITTEE

Councillors:

V A Bates-Hughes (Non-Voting) R D Lewis (Chairman) J E Burtonshaw K E Marsh M C Child P M Matthews A C S Colburn P N May A M Day P M Meara W Evans J T Miles E W Fitzgerald W K Morgan R Francis-Davies J Newbury N A Holley (Non-Voting) C L Philpott P R Hood-Williams D Phillips D H James D Price W E A Jones T H Rees D I E Jones J C Richards J W Jones M Smith Mary H Jones P B Smith S M Jones R J Stanton A Jopling N J Tregoning J B Kelleher D W W Thomas R H Kinzett (Non-Voting) D P Tucker (Vice Chairman) E T Kirchner S M Waller Thomas