Public Document Pack

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, 14 August, 2012

Time: 2.00 pm

Members are asked to contact John Lock (Planning Control Manager) on 535731 or Ryan Thomas (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

Page No.

1. To receive apologies for absence.

2. To receive Disclosures of Personal and Prejudicial Interests from 1 Members.

3. To approve as a correct record the Minutes of the meeting of the 2 - 9 Area 2 Development Control Committee held on 17 July 2012.

4. Items for deferral / withdrawal.

5. Determination of planning applications under the Town and 10 - 65 Country Planning Act 1990.

6. Planning Application No.2010/0914 - Construction of 14 Dwellings 66 - 83 at the North Gower Hotel, Llanrhidian.

Patrick Arran Head of Legal, Democratic Services & Procurement 7 August 2012 Contact: Democratic Services - 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).

Agenda Item 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\Cabinet\2012-13\02 -Page 12 July 1 5\02 - Disclosures of Personal Interest.doc Agenda Item 3

CITY AND COUNTY OF SWANSEA

MINUTES OF THE AREA 2 DEVELOPMENT CONTROL COMMITTEE

HELD ON TUESDAY 17 JULY 2012 AT THE CIVIC CENTRE, SWANSEA AT 2.00 P.M.

PRESENT : Councillor R Francis-Davies (Chair) presided

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

U C Clay L James T H Rees A C S Colburn S M Jones R V Smith D W Cole D J Lewis R C Stewart A M Cook R D Lewis G J Tanner S E Crouch P Lloyd C M R W D Thomas J P Curtice K E Marsh D W W Thomas E W Fitzgerald J Newbury M Thomas T J Hennegan J A Raynor

10. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors J E Burtonshaw, F M Gordon, A J Jones, J W Jones and C L Philpott.

11. DISCLOSURES OF PERSONAL AND PREJUDICIAL INTERESTS

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

Councillor J A Raynor - Personal - Minute No. 14 - Item 6 (2012/0254) - My husband is a friend of the objector and left during discussion.

Councillor C M R W D Thomas - Personal - Minute No. 14 - Item 5 (2012/0291) - I know the applicant and Personal and Prejudicial - Minute No. 14 - Item 9 (2010/1001) - My sister owns a flat at Brynfield Court - made representations then left during discussion.

12. MINUTES

RESOLVED that the Minutes of the Area 2 Development Control Committee held on 19 June 2012 be agreed as a correct record.

13. ITEMS FOR DEFERRAL/WITHDRAWAL

The undermentioned application was DEFERRED for the reason indicated below:

Page 2 Minutes of the Area 2 Development Control Committee (17.07.2012) Cont’d

(Item 4) Application No. 2011/1484

Detached dwelling with integral garage at land adjacent to Coastlands, Oxwich, Swansea.

Reason

For further negotiations following a request from the applicant’s agent.

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

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

RESOLVED that:

(1) the Committee BEING MINDED TO APPROVE the undermentioned planning applications, they BE REFERRED to DEVELOPMENT MANAGEMENT AND CONTROL COMMITTEE :

(#) (Item 1) Application No. 2012/0359

Detached dwelling with associated works at land adjacent to Middleton Hall, Middleton, Rhossili.

(NOTE :

Mr Bowen (agent) addressed the Committee.

A visual presentation was given to Members.

Application approved contrary to officer recommendation for the following reason:

Reason

The proposed development by virtue of its siting and relationship with adjacent development is regarded as being in keeping with the existing village form and would not detract from the character and appearance of the area.)

Page 3 Minutes of the Area 2 Development Control Committee (17.07.2012) Cont’d

(#) (Item 5) Application No. 2012/0291

Replacement dwelling at 9 East Cliff, Pennard, Swansea.

(NOTE :

Mr Walters (applicant) addressed the Committee.

A visual presentation was given to Members.

Late receipt of protected species survey reported - remove reason for refusal No. 2

Application approved contrary to officer recommendation for the following reason:

Reason

The proposed replacement dwelling by virtue of its revised height and design is considered to address the previous reasons for refusal in terms of impact upon the visual amenities of the area and the residential amenities of neighbouring properties.)

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

(#) (Item 3) Application No. 2012/0142

Two storey side/rear extension and single storey front extension at 1 Underhill Lane, Horton, Swansea.

(NOTE :

Mrs Craddock (objector) and Mr Kendrick (agent) addressed the Committee.

A visual presentation was given to Members.

Late letter from Penrice Community Council reported.

Page 13 Recommendation - updated to read “approval” not “refusal”.)

Page 4 Minutes of the Area 2 Development Control Committee (17.07.2012) Cont’d

(#) (Item 6) Application No. 2012/0254

Two storey rear extension at 294 Dunvant Road, Dunvant, Swansea.

(NOTE :

Mr Davies (objector) and Mrs Davis (on behalf of the applicant) addressed the Committee.

A visual presentation was given to Members.

Late letter from Geraint Davies MP reported.)

(#) (Item 7) Application No. 2012/0252

Two storey rear extension with north and east facing balconies and rear decking at Newton House, 100 Newton Road, Newton, Swansea.

(NOTE :

Mrs Daniels (objector) and Mr Clark (agent) addressed the Committee.

A visual presentation was given to Members.

Late letter of objection reported.

Highway observations updated.

Additional Condition 03 added:

03. Any trees within the curtilage of the site along the boundary with No. 102 Newton Road which are removed or damaged during the construction of the development hereby approved shall be replaced by similar trees within 12 months from the first occupation of the development in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the development.

Page 5 Minutes of the Area 2 Development Control Committee (17.07.2012) Cont’d

Reason

03. To protect the privacy of the occupiers of No. 102 Newton Road.)

(#) (Item 11) Application No. 2012/0785

Installation of Solar Photovoltaic (PV) Park, including inverter cabinet, 2.5 metre high security fencing and associated works at Killan Fach Farm, Dunvant, Swansea.

(NOTE : Informative 05 added:

05. The Applicant/Developer be advised that any works to the junction with the highway will require the prior express grant of planning permission from the Local Planning Authority.)

(#) (Item 12) Application No. 2012/0568

Retention of detached garage at land to the rear of 3 Whittington Terrace, Gorseinon, Swansea.

(NOTE : Late letter from Gorseinon Town Council reported.)

(Item 14) Application No. 2012/0547

Relocation of ATM and provision of detached steel storage container at Cross Service Station, 4 Swansea Road, Penllergaer, Swansea.

(Item 15) Application No. 2012/0225

Variation of Condition 1 of planning permission 2007/1344 granted on 11 th December 2007 to extend the period of time for commencing development by a further 3 years at Rock Cottage, Landimore, Swansea.

(Item 16) Application No. 2012/0575

Part two storey part single storey rear extension, single storey side extension and front porch at The Meadows Farm, Overton Lane, Port Eynon, Swansea.

Page 6 Minutes of the Area 2 Development Control Committee (17.07.2012) Cont’d

(Item 17) Application No. 2011/0110

Retention of use of building as artist’s studio and holiday accommodation let at The Lodge Unit, Parkmill Studios, Parkmill, Swansea.

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

(#) (Item 2) Application No. 2012/0366

Construction of one detached dwelling at Ocean Heights, Horton, Swansea.

(NOTE :

Mr King (agent) addressed the Committee.

A visual presentation was given to Members.)

(#) (Item 8) Application No. 2012/0593

Retention of vehicular access and construction of front boundary wall at 47 and 49 Southward Lane, Newton, Swansea.

(NOTE :

Mr Lodge (applicant) addressed the Committee.

A visual presentation was given to Members.

Late letter of objection from Mumbles Community Council reported.)

(4) that the undermentioned planning applications BE APPROVED subject to the conditions in the report and/or indicated below and subject to a SECTION 106 obligation requiring the developer to pay an Affordable Housing Contribution to the Authority:

(#) (Item 9) Application No. 2010/1001

Redevelopment of site of former Langland Court Hotel for the construction of 2 detached dwellings with integral garages, 1 detached dwelling and two blocks each containing 5 linked 3 storey town houses and associated landscaping, access and parking at former Langland Court Hotel, Langland Court Road, Langland, Swansea.

Page 7 Minutes of the Area 2 Development Control Committee (17.07.2012) Cont’d

(NOTE :

Councillor C M R W D Thomas made representations regarding the application then left during discussion.

Mr Davies (objector) and Mr H Griffiths (agent) addressed the Committee.

A visual presentation was given to Members.

Late letter of objection reported.

Section 106 obligation of £194,754 to Housing Services prior to occupation of the first dwelling enhanced to £462,434 if additional profit is realised.

Additional Condition 21 added:

21. Unless otherwise agreed in writing by the Local Planning Authority the first floor windows in the side elevation of Block A (North East) and the rear elevation of Unit 13 shall be fixed shut and obscure glazed below 1.8 metres above internal floor level and shall be maintained as such.

Reason

21. To protect the privacy of the occupiers of neighbouring properties.

Amended Condition

11. Notwithstanding the approved plans, a hard and soft landscaping scheme for the site shall be submitted for the approval of the Local Planning Authority. The landscaping scheme shall include details of the size and maturity of all replacement trees and shall be carried out as an integral part of the development. Any trees or shrubs planted in accordance with this condition which are removed, die or 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.)

Page 8 Minutes of the Area 2 Development Control Committee (17.07.2012) Cont’d

(#) (Item 10) Application No. 2012/0240

Eleven detached dwellings and associated works at former Glynn Vivian Nursing Home, Mary Twill Lane, Mumbles, Swansea.

(NOTE :

Mr Down (objector) and Mr John (agent) addressed the Committee.

A visual presentation was given to Members.

Page 96 updated - the application, second sentence, “1.8 acres” should read “2.4 acres” or “1 hectare”.

Section 106 obligation of £433,330 to secure affordable housing.

(NOTE : Committee adjourned at 5.10 p.m. for a comfort break following the above item for 5 minutes.)

(5) the WELSH GOVERNMENT BE ADVISED that had the application been determined within the statutory period, it WOULD HAVE BEEN APPROVED subject to the conditions in the report:

(Item 13) Application No. 2011/1480

New industrial unit (Class B2) attached to existing building, new detached storage shelter, retention of vehicle parking and external storage areas to the rear, and new customer/visitor parking layout and landscaping forward of the buildings at Land at Nant-y-Felin, Swansea West Industrial Estate, Felinfach, Swansea.

The meeting ended at 5.34 p.m.

CHAIR

S: Area 2 Development Control Committee - 17 July 2012 (GB/KL)

Page 9 Agenda Item 5

TWO STAGE VOTING

Where members vote against officer recommendation, a two stage vote will apply. This is to ensure clarity and probity in decision making and to make decisions less vulnerable to legal challenge or awards of costs against the Council.

The first vote taken on the officer recommendation.

Where the officer recommendation is “for approval” and members resolve not to accept this recommendation, reasons for refusal should then be formulated and confirmed by means of a second vote.

The application will not be deemed to be refused unless and until reasons for refusal have been recorded and approved by members. The reason(s) have to be lawful in planning terms. Officers will advice specifically on the lawfulness or otherwise of reasons and also the implications for the Council for possible costs against the Council in the event of an appeal and will recommend deferral in the event that there is a danger that the Council would be acting unreasonably in refusing the application.

Where the officer recommendation is for “refusal” and members resolve not to accept this recommendation, appropriate conditions should then be debated and confirmed by means of a second vote. For reasons of probity, members should also confirm reasons for approval which should also be lawful in planning terms. Officers will advise accordingly but will recommend deferral if more time is required to consider what conditions/obligations are required or if he/she considers a site visit should be held. If the application departs from the adopted development plan it (other than a number of policies listed on pages 89 and 90 of the Constitution) will need to be reported to Planning Committee and this report will include any appropriate conditions/obligations.

The application will not be deemed to be approved unless and until suitable conditions have been recorded and confirmed by means of a second vote.

Where members are unable to reach agreement on reasons for refusal or appropriate conditions as detailed above, members should resolve to defer the application for further consultation and receipt of appropriate planning and legal advice.

Page 10

CITY AND COUNTY OF SWANSEA 1. BISHOPSTON DINAS A SIR ABERTAWE 5. COCKETT

7. DUVANT Report of the Head of Economic Regeneration 8. FAIRWOOD & Planning to the Chair and Members of the 9. GORSEINON Area 2 Development Control Committee 10. GOWER 11. GOWERTON 12. KILLAY NORTH DATE: 14 TH AUGUST 2012 13. KILLAY SOUTH 29 14. KINGSBRIDGE 18. LOWER LOUGHOR 20. MAYALS 9 27 35 23. NEWTON 18 24. OYSTERMOUTH 14 25. PENCLAWDD 27. PENLLERGAER 11 28. PENNARD

Page 11 5 29. PENYRHEOL 25 32. SKETTY 35. UPPER LOUGHOR 7 8 12 36. WEST CROSS

13 32

20 10 36 28 1 23 24

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

CONTENTS

OFFICER ITEM APP. NO. SITE LOCATION REC.

1 2012/0794 110 Glen Road West Cross Swansea SA3 5QJ REFUSE Rear balcony

2 2012/0903 770 Gower Road, Upper Killay, Swansea, SA2 7HQ APPROVE Replacement detached dwelling

3 2012/0451 Land adjoining 2 Ellis Grove Gower Road Upper Killay APPROVE Swansea SA2 7HB Detached bungalow

4 2012/0743 Land off Llewellyn Road, Penllergaer, Swansea, SA4 APPROVE 9BH Addition of four garages to existing garage blocks and a new block of four garages

5 2010/1154 Land at Plot P1 & P2 Felinfach Industrial Estate APPROVE Fforestfach Swansea SA5 Extension to existing metal processing yard, retention of landscaped embankment and formation of a lorry park with landscape bund and internal access road, 2.4m high sleeper wall, up to 2.4m palisade fencing and gates and landscaping bund

6 2012/0507 Surf Sound Oxwich Swansea SA3 1LS APPROVE Increase in ridge and eaves height with front balcony and installation of flue

7 2012/0631 Little Lunnon Farm Lunnon Swansea SA3 2EJ APPROVE Retention of lean to roof, completion of flat topped hip roof and installation of solar panels to south and west elevations

8 2012/0879 The Haven Horton Swansea SA3 1LB APPROVE Single storey side extension

Page 12 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE- 14 AUGUST 2012 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 1 APPLICATION NO. 2012/0794 WARD: West Cross Area 2

Location: 110 Glen Road West Cross Swansea SA3 5QJ Proposal: Rear balcony Applicant: Mrs S Miller

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NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright.

Page 13 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 1 (CONT’D) APPLICATION NO. 2012/0794

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)

SITE HISTORY

App No. Proposal 84/1742/03 KITCHEN/BEDROOM EXTENSION FOR DISABLED PERSON Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 28/02/1985

RESPONSE TO CONSULTATIONS

The neighbouring properties were consulted individually. ONE LETTER OF OBJECTION has been received its content is summarised below:

1. The proposal would result in an increase in noise and disturbance, loss of privacy and direct sunlight.

APPRAISAL

This application is reported to Committee for decision and a site visit has been requested by Councillor Des Thomas to allow Members to fully asses the residential impact of the proposed scheme.

Full planning permission is sought for the construction of a rear balcony at 110 Glen Road, West Cross. The proposed balcony would project off the rear ground floor elevation which when viewed from the rear amenity area is situated at first floor level by virtue of the property’s split level construction.

The proposal would have a rearward projection of 2.1 metres and a width of 3.3 metres and be located approximately 0.8 metres off the common boundary with No.108 Glen Road at its closest point and a distance of approximately 5.4 metres from the common boundary with No.112 Glen Road.

Given the split level nature of the properties along this part of Glen Road it is accepted that there may be increased overlooking afforded from the ground floor level given that it occupies an elevated position relative to the associated garden areas.

Page 14 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 1 (CONT’D) APPLICATION NO. 2012/0794

Officer concerns over the potential residential impacts have been raised with the applicant’s agent and an alternative scheme was suggested. The agent for the proposed scheme has, however, indicated that the applicant wishes the scheme to be progressed on the basis of the plans as originally submitted.

Issues

The main issues for consideration with regard to this application relate to the impact of the proposal upon visual and residential amenities in respect of Policies HC7 and EV1 of the City and County of Swansea and the Supplementary Planning Guidance document entitled A Design Guide for Householder Development. There are in this case considered to be no additional issues arising from the provisions of the Human Rights Act.

Visual Amenity

It is considered that the design and external appearance of the proposed balcony is broadly in keeping with the character and appearance of the existing dwelling. The host property is of no significant architectural merit and the proposed addition would not be readily visible from public vantage points. The proposal would be finished to a 1.625 metre high balustrade constructed from toughened glass with a stainless steel handrail. The plinth would be constructed of a galvanised steel support frame with a height of approximately 2.0 metres above ground level. Based on the limited nature and location of the works it is not considered that the proposal would have an adverse visual impact upon the street scene to which it relates.

Residential Amenity

With regard to residential amenity, the distance and relationship of the proposed balcony in respect of the properties to the north east of the application site is not considered sufficient to warrant a recommendation of refusal, whilst the rear amenity areas of the properties fronting Lundy Drive would be overlooked by virtue of the change in levels the separation distance of approximately 30.0 metres would, it is considered, be sufficient to preserve the privacy of the occupiers of Nos. 46 and 47 Lundy Drive. With regard the adjoining properties to the north west and south east it is not considered, that the separation distances are sufficient to safeguard residential amenity. The generally accepted minimum distance for views from the side of a balcony to the common boundary with a neighbouring property required to satisfy privacy requirements is 10.0 metres. The close proximity to the boundary with No.112 and particularly No.108 would, it is considered, give rise to a form of development that would introduce an intensification of overlooking to which would be detrimental to the residential amenities of the neighbouring occupiers. In addition, the proposal would enable persons using the balcony to look back into the ground floor windows on the rear elevation serving No.108. Whilst it may be possible to screen the side elevations of the balcony the proximity of the proposed balcony to ground floor windows and to the boundary of No. 108 in an elevated position above an exiting lower ground floor conservatory to the rear of this neighbouring property, by virtue of the activity associated with its use would also give rise to the perception of being overlooked and to unacceptable noise and disturbance. This would, it is consider, also be detrimental to the residential amenities of the occupiers of this property. It is therefore considered that the proposed development would result in unacceptable overlooking and noise and disturbance which would be contrary to the provisions of Policy EV1 and HC7 of the City and County of Swansea Unitary Development Plan. Page 15 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 1 (CONT’D) APPLICATION NO. 2012/0794

Access & Highway Safety

There are no highway safety matters for consideration under this proposal.

CONCLUSION

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

RECOMMENDATION

REFUSE, for the following reasons:

1 The proposed balcony by virtue of its elevated position and close proximity to the common boundary's with Nos. 112 and 108 Glen Road would introduce an unacceptable intensification in overlooking that would be detrimental to the residential amenities of the neighbouring occupiers contrary to the provisions of policies EV1 and HC7 of the City and County of Swansea Unitary Development Plan 2008.

2 The proposed balcony by virtue of its elevated position and close proximity to the common boundary with No.108 Glen Road would introduce an unacceptable perception of overlooking and to noise and disturbance which would be detrimental to the residential amenities of the neighbouring occupiers of this property contrary to the provisions of Policies EV1 and HC7 of the City and County of Swansea Unitary Development Plan 2008.

INFORMATIVES

PLANS

A.02.3 site location and block plan, A.01.3 existing floor plans, A.01.2 existing elevations, A.01.3 existing elevations, A.02.1 proposed floor plans, A.02.2 proposed elevations, received 1st June 2012

Page 16 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 2 APPLICATION NO. 2012/0903 WARD: Fairwood Area 2

Location: 770 Gower Road, Upper Killay, Swansea, SA2 7HQ Proposal: Replacement detached dwelling Applicant: Mrs Janine Thomas

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Page 17 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 2 (CONT’D) APPLICATION NO. 2012/0903

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

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

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

SITE HISTORY

App No. Proposal 2007/2254 Two storey rear extension with balcony and single storey side extension with accommodation in roof space Decision: Grant Permission Conditional Decision Date: 03/04/2008

RESPONSE TO CONSULTATIONS

The application was advertised on site and five individual letters sent. ONE LETTER RECEIVED .

Page 18 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 2 (CONT’D) APPLICATION NO. 2012/0903

• Requesting an opportunity to address the committee when the application is reported to members.

Highways: Proposals are for a replacement 4 bed dwelling. The property will be located on an established plot at the head of a cul de sac and will require 3 parking spaces. The applicant proposes 3 designated spaces and in addition to this, there is a turning area and a long driveway to the property which is able to accommodate further parking. There are no highway objections.

Environment Agency: due to the distance and position of the property, a mains connection is not feasible. As such EAW offer no adverse comments in respect of the proposed package treatment plant.

APPRAISAL

This application is reported to Committee for decision as the applicant is an employee of the Authority. A site visit has been requested by Councillor Paxton Hood-Williams to assess the impact of the scheme upon the area.

Full planning permission is sought for a replacement dwelling at 770, Gower Road, Upper Killay. The application site is situated within the settlement of Upper Killay. The proposal will involve the demolition of the existing single storey dwelling and its replacement with a larger two-storey dwelling.

On the basis that application site is within the settlement boundary as identified on the Proposals Map to the Unitary Development Plan (2008) (UDP) the principle of a replacement dwelling at this location is acceptable. Therefore the main issues for consideration during the determination of this application relates to the impact of the proposal upon the visual amenities of the area, the residential amenities of the neighbouring occupiers, the ecology of the site, drainage and highway safety having regard for National Guidance and the provisions of the Swansea UDP.

The existing application property is set-back some 35m form the carriageway and the proposed dwelling will retain this set back. The dwelling to which the proposal will most closely relate is the recently constructed replacement dwelling at No. 772 (Penywaun Farm) Gower Road. It is noteworthy that the proposed dwelling incorporates many of the design features and closely replicates this neighbouring property. The main frontage of the proposed dwelling is broken by a slight set-back to the right-hand side which creates a visual break to emphasise the effect of a double fronted dwelling. An oak framed entrance porch is sited centrally within the main frontage. The depth of the building comprises a twin gabled construction with a central valley (as on the neighbouring dwelling No. 772) and two external chimney breasts featured on each of the side gables. A simple yet traditional palette of finishes is proposed including white coloured render, natural slate roof and timer doors and windows. Aside form the modest design features detailed above the proposed dwelling is relatively simple, however, relates positively to the dwelling to which it will most closely relate. Therefore it is considered that in light of its urban location the proposal will have an acceptable impact upon the visual amenities of the immediate vicinity. Whilst it is accepted that the proposal is to replace a single storey dwelling it is not considered that height of 6.85m is unduly excessive and this will ensure that the dwelling will not appear visually prominent from wider public vantage points. Page 19 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 2 (CONT’D) APPLICATION NO. 2012/0903

On this basis, therefore, the proposal is considered to have an acceptable impact upon the established character and appearance of the area in compliance with the provisions of Policies EV1 and EV2 of the Swansea UDP.

With regard to the impact of the proposal upon residential amenities, the proposed dwelling achieves a separation distance of approx. 1 metre off the eastern side boundary common with 768 Gower Road, and whilst this neighbouring property is sited some 23m south, the impact of the proposal upon the associated curtilage of this property is nevertheless material. In this instance, however, all habitable room windows within the proposed dwelling are front and rear facing and whilst some windows are featured in the eastern side elevation they all serve non-habitable spaces (i.e. boiler room and wc on the ground floor and walk-in wardrobe on the first floor). In addition, whilst the proposal will provide additional windows at first floor level within the front elevation, those closest to the boundary with No. 768 will serve an en-suite and can be obscure glazed by condition whilst remaining habitable first floor windows would afford oblique views only of part of the curtilage and would be in excess of 23 metres from habitable rooms serving this neighbouring property. To this end it is not considered that the proposal will result in unacceptable levels of overlooking of No. 768 to the east. Similarly with regard to the physical effects of the property, whilst the additional height of the dwelling is noted, the distance and relationship, coupled with the height being 6.85m, the change in levels and existing high mature boundary planting is such that it is not considered the dwelling will have any significant demonstrable overbearing physical impact or overshadowing of the property to the east.

With regard to the dwelling to the west, the proposed dwelling will achieve a distance of between 5m and 3.5m off the western side boundary with a wall to wall separation of some 10m achieved. Whilst the land to the west is at a lower level, the distance and relationship is such that the physical impact of the proposal is minimised. Two small secondary windows are featured at ground floor level that serve the living room area of the proposed dwelling, however, these will front onto the blank twin gable side elevation to the neighbouring dwelling and will not give rise to any additional overlooking to the west over and above what is currently experienced from the existing dwelling. At first floor level the openings serve an en-suite and as such will be obscure glazed by condition. The application site is a substantially sized plot capable of comfortably accommodating the proposed dwelling without giving rise to a cramped or overdeveloped site. Overall therefore it is not considered that the proposal will result in unacceptable overbearing, overshadowing or overlooking and as such the plot is capable of accommodating a dwelling without giving rise to an unacceptable impact upon the residential amenities of the neighbouring occupiers in accordance with the requirements of Policy EV1 of the Swansea UDP.

A small single storey outbuilding is also proposed to the rear of the dwelling which by virtue of its scale, design and siting would not have an unacceptable impact upon the visual amenities of the area or residential amenities of neighbouring occupiers.

Having consulted the Head of Transportation and Engineering, it is noted that the applicant proposes 3 designated spaces and in addition to this, there is a turning area and a long driveway to the property which is able to accommodate further parking. On this basis the Head of Transportation and Engineering recommends there are no highway objections.

Page 20 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 2 (CONT’D) APPLICATION NO. 2012/0903

The application is supported by a Bat Survey which concludes that the host dwelling is unlikely to be a bat-roost and having consulted the Councils Ecologist no ecological objections to the proposal is raised.

The application proposes the use of a package treatment plant to dispose of foul sewage and it must be recognised that the site is currently served by non-mains drainage in the form of a septic tank. Policy EV33 of the UDP suggests that planning permission will only be granted where development can be served by the public mains sewer, however, in exceptional circumstances where this is not feasible consideration will be given to the use of private drainage systems provided that the criteria set out in Welsh Office Circular 10/99 are met. The Circular states that if, by taking into account the cost and/or practicability, it can be shown to the satisfaction of the local planning authority that connection to a public sewer is not feasible, a package treatment plant incorporating a combination of treatment processes should be considered.

Consultation has taken place with the Environment Agency (EA) and they have advised that due to the distance and position of the property, a mains connection is not feasible no objection is raised. A number of advisory notes will, however, be attached alerting the applicant to pollution prevention and waste management issues.

The site is located within the drainage catchment area that drains to the Loughor Estuary and Burry Inlet which forms part of the Carmarthen Bay and Estuaries European Marine Site (CBEEMS). The City and County of Swansea, as the competent authority, is required under Regulation 61 of the Conservation of Habitats and Species Regulations 2010 to undertake a Habitat Regulations Assessment. Before deciding to give permission we must first consider whether this development is likely to have a significant effect on the CBEEMS either alone or in combination with other plans or projects in the same catchment area.

As part of their review of consents (RoC) under regulation 63 the Environment Agency (EA) undertook a detailed Habitats Regulations assessment in relation to the effects of their consented activities. Consent modifications were identified to enable the Environment Agency to conclude no adverse effect on the integrity of the CBEEMS in respect of their consents operating at their maximum consented limits. As the consents in question have already been subject to a full assessment (alone and in-combination) under the provisions of the Habitat Regulation, there is no need for the City and County of Swansea to undertake a further assessment where development can be accommodated within the post RoC discharge consent limits.

It is the opinion of the authority that this development can be accommodated within the post RoC discharge consent limits, and will not be likely to have a significant effect either alone or in-combination on the Carmarthen Bay and Estuaries SAC, the Carmarthen Bay SPA, or the Burry Inlet SPA and RAMSAR. Such effects can be excluded on the basis of the objective information available through the Environment Agency review. On this basis there is no requirement to make an appropriate assessment of the implications of the proposed development in accordance with regulation 61(1).

Page 21 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 2 (CONT’D) APPLICATION NO. 2012/0903

In conclusion, having regard to the above considerations, including the Human Rights Act, it is considered that proposal will have an acceptable impact upon visual amenities of the area, the residential amenities of the neighbouring occupiers, drainage, ecology and highway safety in compliance with Policies EV1, EV2, EV3, EV33, EV34 and EV35 of the Swansea UDP and as such approval is recommended.

RECOMMENDATION

APPROVE, subject to the following conditions:

1 The development hereby permitted shall begin not later than five years from the date of this decision. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990.

2 Development shall not commence until details of foul, surface and land drainage works have been submitted to and approved in writing by the Local Planning Authority. The development shall not be brought into beneficial use until the works have been completed in accordance with the approved details. Reason: To ensure a satisfactory means of drainage.

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

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

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

Page 22 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 2 (CONT’D) APPLICATION NO. 2012/0903

6 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 sustainability.

7 Before the development hereby permitted is commenced, details of the levels of the building(s), road(s) and footpath(s) in relation to the adjoining land and highway(s) together with any changes proposed in the levels of the site shall be submitted to and agreed by the Local Planning Authority in writing. Reason: In the interests of the residential amenities of the occupiers of neighbouring properties.

8 The first floor window in the front elevation (south) serving the proposed en-suite and all first floor windows in both side elevations (east and west) shall be fixed shut and obscure glazed below 1.8 metres above internal floor level. Reason: To protect the privacy of the occup8iers of 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, AS6, EV33, EV34 and EV35 of the Swansea Unitary Development Plan 2008.

2 Bats may be present. All British bat species are protected under Schedule 5 of the Wildlife & Countryside Act 1981 (as amended) and are listed in Schedule 2 of the Conservation of Habitats and Species Regulations 2010. This legislation implements the EC Habitats & Species Directive in the UK making it an offence to capture, kill or disturb a European Protected Species or to damage or destroy the breeding site or resting place of such an animal. It is also an offence to recklessly / intentionally to disturb such an animal. If evidence of bats is encountered during site clearance, work should cease immediately and the advice of the Countryside Council for Wales sought before continuing with any work (01792 634960).

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

4 Site operators should ensure that there is no possibility of contaminated water entering and polluting surface or underground waters.

Page 23 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 2 (CONT’D) APPLICATION NO. 2012/0903

5 As the site is located outside of the mains sewered area, this would be an acceptable method of foul water disposal, provided a satisfactory non-mains drainage assessment (Welsh Office Circular 10/99) has been undertaken. In addition to planning permission and building regulations approval, a permit is also required for discharges of sewage with volume of 5 cubic meters / day or more to a river, stream, estuary or the sea and for discharges of 2 cubic meters/day or more to soakaway or drainage field.

Permits can take up to four months to determine and there is no guarantee that consent will be granted. For discharges of less than 5 cubic meter/day to a river, stream, estuary or the sea and 2 cubic meters/day to soakaway or drainage field, you may be able to register as exempt from the requirement for a permit under the Environmental Permitting (England Wales) Regulations 2012. this is provided the installation meets the criteria. Further guidance is available on Environment Agency Wales Website.

6 Sustainable Drainage Systems (SUDS) should be included in development wherever possible to reduce surface water run-off. A variety of SUDS techniques are available, which also helps with protecting water quality and adding amenity value to development.

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

PLANS

4339/01A site location, block and floor plans, 4339/02A proposed elevations received 29th June 2012.

Page 24 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 3 APPLICATION NO. 2012/0451 WARD: Fairwood Area 2

Location: Land adjoining 2 Ellis Grove Gower Road Upper Killay Swansea SA2 7HB Proposal: Detached bungalow Applicant: Mr George Heath

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NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s StationeryPage 25 Office, © Crown Copyright. TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 3 (CONT’D) APPLICATION NO. 2012/0451

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 HC2 Housing development within the urban area will be supported where the site has been previously developed, its development does not conflict with other policies, does not result in ribbon development, and the coalescence of settlements, overintensive development, loss of residential amenity, adverse effect on the character and appearance of the area, loss of urban green space, harm to highway safety, adverse effects to landscape, natural heritage, security and personal safety, infrastructure capacity, and the overloading of community facilities and services. (City & County of Swansea Unitary Development Plan 2008)

Policy 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)

Page 26 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 3 (CONT’D) APPLICATION NO. 2012/0451

SITE HISTORY

App No. Proposal 2002/1638 Construction of one replacement detached dwelling with garage and three detached bungalows with garages Decision: Grant Permission Conditional Decision Date: 04/03/2003

2001/1505 Erection of 5 detached dwellings (Outline) Decision: Appeal Dismissed Decision Date: 21/03/2002

2002/0573 Erection of two detached dwellings (Outline) Decision: Grant Permission Conditional Decision Date: 25/06/2002

2003/1560 Rear conservatory and retention of detached garage (amendment to planning permission 2002/1638 approved on 4th March 2003) Decision: Grant Permission Conditional Decision Date: 21/11/2003

2005/0541 Single storey side extension and front porch Decision: Grant Permission Conditional Decision Date: 10/05/2005

RESPONSE TO CONSULTATIONS

The application was advertised on site and 7 neighbouring properties were consulted individually. SIX LETTERS OF OBJECTION and ONE LETTER OF COMMENT have been received their content is summarised below

1. Extra strain on existing sewerage systems.

2. Ellis Grove is a private road covered by a residents management committee and no certificate B has been served on the Ellis Grove Management Company Ltd.

3. The properties are bound by legal covenant.

4. Inevitably more traffic and traffic noise generated by the development.

5. Original plans for a 5 house development (Ref:2001/1505) was turned down and an Appeal to the National Assembly was dismissed.

6. Detrimental effect on character of the locality.

7. Access point onto Gower Road will produce a road safety hazard and the local bus stop will be at the junction of the access. Page 27 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 3 (CONT’D) APPLICATION NO. 2012/0451

8. Access onto Gower Road would put even more traffic congestion on an already busy road.

9. Detrimental effect on road safety, disruption to bus stop and severe disruption to on road parking availability.

10. Gower Road is very narrow at this point and is restricted by on-street car parking and another hazard will increase the possibility of an accident.

11. Sewerage system will not be able to cope with further dwellings.

12. There is a land drainage problem and gardens are flooded on a routine basis.

13. The application makes reference to a double garage serving No.2 Ellis Grove however no details are provided in this respect.

14. I will lodge a complaint with the ombudsman in respect of the LPA’s failure to consult in respect of the proposed garage located within the plot serving No.2 Ellis Grove.

15. The plot boundaries presented in the plans provided are incorrect.

Upper Killay Community Council – The Council objects to this as in garden development, contrary to the amenity of this part of the village and a prospective over intensive residential user at this location.

Highways and Transportation - This proposal is to remove the garage associated with no 2 Ellis Grove in KIllay and replace it with a new dwelling. The garage space being lost is to be replaced by a new garage on the other side of the existing dwelling.

The site is located off Ellis Grove which is a shared private drive serving 4 properties and the erection of an additional dwelling will bring the drive up to its recommended number of units served.

I recommend no highway objection.

Welsh Water – No Objection subject to the use of the recommended conditions.

APPRAISAL

This application is reported to Committee for decision at the request of Cllr Paxton Hood- Williams to assess the visual and residential impacts of the proposal. A site visit has also been requested given that this is a controversial application and, it is considered, Councillors need to visit the site to fully appreciate the situation.

The application site comprises a section of the residential curtilage associated with the existing residential dwelling No.2 Ellis Grove which is accessed off Gower Road, Upper Killay. Page 28 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 3 (CONT’D) APPLICATION NO. 2012/0451

The site is bounded by the residential curtilages of Nos. 1 and 3 Ellis Grove and No. 680 Gower Road and open agricultural land to the rear which forms part of the Clyne Valley/Cockett Valley Green Wedge. The application site does not, however, form part of this Green Wedge but is adjacent to it.

Outline planning permission for the erection of 5 No. dwellings situated to the rear of Nos. 682 and 684, Gower Road was refused in November, 2001 (Ref:2001/1505) and a subsequent appeal to the National Assembly was dismissed in March, 2002 on grounds that the proposal would be unacceptably harmful to the residential character and appearance of the area, and would be unacceptably harmful to the amenities of the occupiers of neighbouring dwellings. Subsequently, Outline Planning Permission was granted for two single storey dwellings on the site in June 2002 (Ref: 2002/0573).

A further application was subsequently approved (Ref: 2002/1638) for the ‘construction of one replacement dwelling with garage and three detached bungalows with garages’. This application was on a larger site area than the previous applications referred to above with the applicant having acquired part of the rear amenity area previously associated with No.686 Gower Road. This proposal saw No.684 Gower Road demolished and re-sited to a more westerly position within the site allowing for a wider means of access to be achieved. The planning permission has subsequently been approved.

This current proposal would necessitate the demolition of an existing garage at Plot 2 which would be replaced by a single storey, two bedroom dwelling sited to the west of the host property. Any subsequent grant of consent should be conditional upon the creation of a new access at the host property and the provision of adequate parking to accommodate the residential demand at that dwelling in accordance with the Local Authorities adopted guidelines.

The applicant sought opinion via the pre application process and it was established that in land use terms a dwelling at this location may be acceptable subject to no adverse residential or visual impacts arising. The application as submitted deviates from that provided for pre application advice in so far as the foot print has been enlarged with the plot remaining identical.

The proposed dwelling would have a maximum height to the ridge of approximately 5.6 metres and a footprint of approximately 109.0 square metres. The design details proposed are considered to match the existing dwellings within Ellis Grove.

Issues

The main issues which remain to be considered in this instance relate to the impact of the proposed development on the character and appearance of the area and on the residential amenity of the occupants of the neighbouring properties and additionally, on the conditions of highway safety along Gower Road having regard to the provisions of the prevailing policies of the UDP. It is not considered that the provisions of the Human Rights Act raise any other overriding considerations.

Page 29 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 3 (CONT’D) APPLICATION NO. 2012/0451

Policy HC2 of the City and County of Swansea Unitary Development Plan 2008 presumes in favour of residential infill development unless there are overriding planning objections resulting from cramped over intensive forms of development, significant loss of residential amenity, detrimental impact on the character and appearance of the area or unsatisfactory highway conditions.

The application site is situated within the settlement limits of Upper Killay as defined on the Proposals Map of the City and County of Swansea Unitary Development Plan 2008, (Urban Area West), and therefore there are no fundamental land use policy objections to the proposal. The principle matter for consideration in respect of visual amenity, therefore, is whether the proposal as submitted would, in addition to the existing dwellings; result in a cramped and over intensive form of residential infill development so as to adversely effect the character and appearance of the area.

In terms of visibility the proposal would not be readily visible from public vantage points along Gower Road and when progressing along Ellis Grove toward its conclusion would not read as an obtrusive form of development within the context of the street scene given its single storey scale. The proposal would see the distance between the existing property and the existing garage reduced from approximately 8.2 metres at its closest point to approximately 5.0 metres with the proposed building being single storey in nature. Whilst the proposed dwelling is larger than the existing garage it would not read as a significant departure from the existing street scene and as such it is considered that the proposal would have limited impact upon the visual amenities of the wider area.

In addition to the above the proposal indicates that the building would be constructed in a form and with materials to match the design characteristics of the existing three dwellings comprising this development and as such it is not considered that the proposal as submitted would justify a recommendation of refusal in terms of its visual impact and would comply with the provisions of policies EV1, EV2 or HC2 of the City and County of Swansea Unitary Development Plan 2008.

Turning to residential amenity the property would be located to the north of No.1 Ellis Grove and to the west of No.3 Ellis Grove with open countryside beyond. Given the single storey nature of the proposal and its position to the north of the common boundary with No.1 Ellis Grove it is not considered that the proposal would introduce any negative impacts upon No.1 that would be considered overbearing or overshadowing in nature. One new window serving Bedroom No.1 would be located on the south east facing elevation orientated toward the common boundary with No. 1 Ellis Grove, however, this is a secondary window and as such may be obscure glazed by condition. The window serving the proposed dining room would be orientated in a north westerly direction across the north eastern corner of the plot associated with No.690 Gower Road. However given the single storey nature of the proposal and the modest change in levels between these plots, it is not considered that this would introduce any significant increase in terms of overlooking impacts relative to this property.

In respect of the potential impact upon the host property those windows located on the front elevation will serve a bedroom and utility room and would have an outlook over the car parking areas serving the proposed dwelling and as such it is not considered that any significant impacts would arise that would be sufficient to justify a recommendation of refusal on this basis.

Page 30 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 3 (CONT’D) APPLICATION NO. 2012/0451

The areas overlooked already have a reduced level of privacy associated with them and it is not considered that the introduction of an additional residential unit at this location would significantly alter this situation. The windows serving the lounge and kitchen would have an aspect to the rear across open countryside and similarly are not considered to introduce a significant increase in overlooking relative to the host dwelling.

Turning to the impact upon the available residential amenity space it is considered that the host property would retain sufficient land area to satisfy the residential amenity requirements of the proposed dwelling. The available external amenity space for the proposed dwelling would be approximately 155.0 square metres this, it is considered would be sufficient to serve a dwelling with a footprint of approximately 108.0 square. The plot is of sufficient proportions to allow a separation distance from the principle lounge window to the rear boundary of approximately 4.0 metres and whilst it is at its closest point approximately 5.3 metres from the side elevation of the host property there are no direct window to window sight lines that are considered to impact upon the levels of privacy that one would reasonable expect to enjoy within a residential development of this nature. Given the modest nature of the scheme and the associated plot size it is recommended that where the Local Planning Authority is minded to grant consent that permitted development rights be removed from the proposed building in order to ensure that sufficient control is retained over the development. In this regard therefore it is considered that the proposal is compliant with the provisions of policies EV1, EV2 and HC2 and would not have an unreasonable impact upon the level of residential amenity currently enjoyed by the neighbouring properties.

Highway Safety

This proposal is to remove the garage associated with no 2 Ellis Grove in Killay and replace it with a new dwelling. The submitted details indicate that the garage space being lost is to be replaced by a new garage on the other side of the existing dwelling although this structure is not included as part of the current application. The site is located off Ellis Grove which is a shared private drive serving 4 properties and the erection of an additional dwelling will bring the drive up to its recommended number of units served.

The site for the new dwelling will accommodate 2 parking spaces which is sufficient for the size of dwelling proposed and the replacement parking for the existing house will also accommodate a drive and any replacement garage would give sufficient space for up to 3 cars. Although a garage is not included as part of this application, there is adequate space within the curtilage for an associated parking space and should the proposed scheme receive the grant of consent it is considered prudent that it be restricted through the imposition of a condition requiring that full details of access and parking relative to No.2 Ellis Grove are provided to and agreed in writing with the Local Planning Authority prior to commencement of development.

Drainage

Page 31 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 3 (CONT’D) APPLICATION NO. 2012/0451

Before deciding to give permission we must first consider whether this development is likely to have a significant effect on the CBEEMS either alone or in combination with other plans or projects in the same catchment area.

Objections

In respect of the objections raised those that are material to the determination of this planning application have been addressed in the main body of the report above. In respect of matters relating to drainage, a condition is recommended and no objections have been received from Dwr Cymru Welsh Water whilst outstanding issues including easements over the access road are matters addressed by alternative legislation and fall beyond the scope of the planning application process.

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 current development plan Policies EV1, EV2, EV3, HC2, EV34, EV35, EV36 and AS6 of the City and County of Swansea Unitary Development Plan 2008 and has an acceptable impact on the character and visual amenities of the streetscene and area in which it is situated and the residential amenity of neighbouring occupiers. Approval is therefore recommended.

RECOMMENDATION

APPROVE, subject to the following conditions:

Page 32 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 3 (CONT’D) APPLICATION NO. 2012/0451

2 Notwithstanding the plans hereby approved no development shall take place prior to the provision of access and parking at No.2 Ellis Grove in accordance with details to be submitted to and agreed in writing with the Local Planning Authority. Reason: In the interest of highway safety and the free flow of traffic.

3 Foul water and surface water discharges shall be drained separately from the site. Reason: To protect the integrity of the Public Sewerage System.

4 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.

5 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.

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

7 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or amending that Order), Class A, B, C and E 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.

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

9 The construction of the dwelling(s) hereby permitted and any external works shall not begin until an "Interim Certificate" has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Level 3) and a minimum of 1 credit under "Ene1 - Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability. Page 33 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 3 (CONT’D) APPLICATION NO. 2012/0451

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

11 Development shall not commence until details of foul, surface and land drainage works incorporating soakaway percolation tests have been submitted to and approved in writing by the Local Planning Authority. The development shall not be brought into beneficial use until the works have been completed in accordance with the approved details. Reason: To ensure a satisfactory means of drainage.

12 The ground floor window in the side elevation serving Bedroom No.1, as indicated on Drg No: 03 shall be fixed shut and obscure glazed below 1.8 metres above internal floor level and shall be retained as such unless otherwise agreed in writing with the Local Planning Authority. Reason: To safeguard the privacy of the occupiers of neighbouring residential properties.

INFORMATIVES

2 Any culverting of a watercourse requires the prior written approval of the Local Authority under the terms of the Public Health Act 1936, and the prior written consent of the Environment Agency under the terms of the Land Drainage Act 1991/Water Resources Act 1991. The Environment Agency seeks to avoid culverting, and its consent for such works will not normally be granted except for access crossings. The Environment Agency has no knowledge of flooding in this vicinity. However, you are also advised to consult with your Engineers Department, who may hold records/additional information, prior to the granting of planning consent.

3 The Environment Agency and the Local Authority have permissive powers to maintain watercourses depending on the watercourse's definition as "Main River" or "Ordinary Watercourse". The responsibility for general maintenance of the river and its banks rests with the riparian owner. Any bankside trees or vegetation within 3 metres of the watercourse should be protected from development in order to promote conservation and preserve visual amenity.

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

Page 34 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 3 (CONT’D) APPLICATION NO. 2012/0451

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

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

7 Bats may be present. All British bat species are protected under Schedule 5 of the Wildlife & Countryside Act 1981 (as amended) and are listed in Schedule 2 of the Conservation of Habitats and Species Regulations 2010. This legislation implements the EC Habitats & Species Directive in the UK making it an offence to capture, kill or disturb a European Protected Species or to damage or destroy the breeding site or resting place of such an animal. It is also an offence to recklessly / intentionally to disturb such an animal. If evidence of bats is encountered during site clearance, work should cease immediately and the advice of the Countryside Council for Wales sought before continuing with any work (01792 634960).

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

PLANS

Site location plan existing block plan, proposed block plan, proposed floor plans received 22nd March 2012. Amended plans 04-proposed elevations received 13th April 2012

Page 35 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 4 APPLICATION NO. 2012/0743 WARD: Penllergaer Area 2

Location: Land off Llewellyn Road, Penllergaer, Swansea, SA4 9BH Proposal: Addition of four garages to existing garage blocks and a new block of four garages Applicant: Mrs Pauline Rolt

Religious Commune School

Gelli-hyll

Long Barn

D R N Y L L E W E L 8 2

L 7

7 0

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5 5

2 5

1 3

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Issues 2

NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright. Page 36 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 4 (CONT’D) APPLICATION NO. 2012/0743

BACKGROUND INFORMATION

POLICIES

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

SITE HISTORY

None

RESPONSE TO CONSULTATIONS

Two neighbouring properties were consulted and the application has been advertised on site; TWO LETTERS OF OBJECTION has been received, the comments of which are outlined below:

A very few of the garages are used by local residents to garage their cars, the garages that are in use are mainly used by businesses or for storage.

There has also been an increase in fly tipping which the users of the garages have contributed too greatly. The land behind the garages is overgrown and has not been maintained. It is also the neighbour’s belief that when the garages were recently renovated asbestos sheets were initially dumped behind the garages but it cannot be certified to say whether they are still there due to the overgrown land.

There is a waste waterpipe which runs directly behind the garages which carries the water from the farmland, via the culvert to the drain to the far side of the garages. If the proposed garages are built it would be impossible to access the culvert in an event of a blockage. There has been flooding issues previously because of water running off the fields and the erection of the garages could exacerbate the problem. The development could also have an impact on the current drainage arrangements.

There have been problems with children jumping from the existing garages onto the neighbour’s garage and looking through the landing window and there is concern that addition of further garages could worsen the situation.

It is not known what is stored in the garages therefore whether they could be a fire hazard.

Cars and vans are frequently parked overnight and weekends blocking the driveway to the neighbour’s garage.

If the development goes ahead the cars requiring entry to the proposed garages would have to use the neighbour’s driveway.

Penllergaer Community Council – The Council understands the garages are used as storage units and not for use by local residents

Page 37 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 4 (CONT’D) APPLICATION NO. 2012/0743

Highway Observations - The proposed garages are not required as part of any additional development and therefore will be to accommodate existing demand rather than cater for a new demand. The provision of off-road parking is welcomed and I recommend that no highway objections are raised.

APPRAISAL

This application is reported to Committee for decision and a site visit requested by Councillor Wendy Fitzgerald due to the concern that the garages are being used for business use rather than residential use and to consider the impact upon the amenities of neighbours and potential flood risk.

Full planning permission is sought for the addition of four individual garages to and the erection of a new block for four garages at land off Llewellyn Road, Penllergaer which is an area of land located to the rear of the established residential estate. The garage block is to be located to the south-west of the existing garages and the four individual garages are to be attached to either end of the existing blocks of garages. It should be noted that the area of land in question is surrounded by countryside which is a designated Green Wedge

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 Policies EV1 of the City and County of Swansea Unitary Development Plan. 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.

The proposed garages given their sympathetic siting, scale and design are considered to be acceptable at this location. The garages are similar in design to the existing garages and are not as such considered to be out of keeping with the surrounding area. The garages are sited within an area of land sited to the rear of the residential properties along this stretch of Llewellyn Road and therefore do not appear prominent within the context of the streetscene or the surrounding area. The garages are therefore considered to be in keeping with Policy EV1 of the Unitary Development Plan.

It is acknowledged that the Green Wedge abuts the application site, however, the development lies within the curtilage of the site area which is designated while land on the proposal map to the Unitary Development Plan where the principle of development is regarded as acceptable.

In term so f residential amenity, the garages given their domestic use, single storey scale and sympathetic siting within an existing garage complex in relation to neighbouring properties are not considered to have an unacceptable impact upon the amenities of neighbouring properties by virtue of overbearance, overshadowing, overlooking or noise and disturbance. A condition is, however, recommended to ensure that the garages are used for domestic purposes only.

The Head of Transportation and Engineering Services has stated that the proposed garages are not required as part of any additional development and therefore will be able to accommodate existing demand rather than cater for a new demand. The provision of off-road parking is welcomed and therefore, no highway objections are raised.

Page 38 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 4 (CONT’D) APPLICATION NO. 2012/0743

In terms of concerns raised, the application seeks permission for additional garages and a condition is recommended to restrict business uses, however, uses ancillary to the domestic use of the buildings including domestic storage are regarded as acceptable. The issues regarding fly tipping and the lack of maintenance are not considered to be material planning considerations. Welsh Water have not commented on the application and therefore it is not considered that there are any major concerns from their behalf. It is not considered that the issue regarding people jumping from the garages and the potential fire hazard caused by storage in the garages are issues which are relevant to the determination of this application. The Highways issues are considered to have been address in the report above.

Having regard to all material planning considerations, including the Human Rights Act, the proposal is considered to represent an acceptable form of development, complying with the criteria of Policy EV1 of the adopted City & County of Swansea Unitary Development Plan (2008).

RECOMMENDATION

APPROVE, subject to the following conditions:

2 The garages hereby approved shall be used for domestic purposes only and shall not be used for business or commercial purposes. Reason: In the interests of the amenities of neighbouring properties.

INFORMATIVES

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

Page 39 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 4 (CONT’D) APPLICATION NO. 2012/0743

3 The proposed development lies within coal mining area which may contain unrecorded mining related hazards. If any coal mining feature is encountered during development, this should be reported to The Coal Authority.

Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires the prior written permission of The Coal Authority.

Property specific summary information on coal mining can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com

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 & existing block plan, existing elevations, existing floor plans, proposed floor plans & sections, proposed elevations, received 21st May 2012, proposed block plan received 1st June 2012

Page 40 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 5 APPLICATION NO. 2010/1154 WARD: Cockett Area 2

Location: Land at Plot P1 & P2 Felinfach Industrial Estate Fforestfach Swansea SA5 Proposal: Extension to existing metal processing yard, retention of landscaped embankment and formation of a lorry park with landscape bund and internal access road, 2.4m high sleeper wall, up to 2.4m palisade fencing and gates and landscaping bund Applicant: Mr A Thomas

Chimney D

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T R J U U O B I C L E E E IL E B U W J A Y t a S u b l S E Gap Group Ltd

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Q U E E N S W A Y

The Leather Sofa Co

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FFOREST-FACH El Sub Sta

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71.3m

NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s StationeryPage 41 Office, © Crown Copyright. TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 5 (CONT’D) APPLICATION NO. 2010/1154

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 EV40 Development proposals will not be permitted that would cause or result in significant harm to health, local amenity, natural heritage, the historic environment or landscape character because of significant levels of air, noise or light pollution. (City & County of Swansea Unitary Development Plan 2008)

Policy EC1 Allocation of employment land to meet the needs of the local economy. (City & County of Swansea Unitary Development Plan 2008)

Policy EC3 Improvement and enhancement of the established industrial and commercial areas will be encouraged where appropriate through building enhancement, environmental improvement, infrastructure works, development opportunities and targeted business support. (City & County of Swansea Unitary Development Plan 2008)

Page 42 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 5 (CONT’D) APPLICATION NO. 2010/1154

SITE HISTORY

App No. Proposal 2001/1752 Erection of 2.4 metre high palisade fencing around section of site Decision: Grant Permission Conditional Decision Date: 29/01/2002

2002/1033 Provision of three additional silos Decision: Grant Permission Conditional Decision Date: 08/10/2002

2005/1690 Change of use of storage room to retail bakery shop (Class A1) Decision: Grant Permission Conditional Decision Date: 20/02/2006

98/1386 ERECTION OF FILTRATION UNIT AND ASSOCIATED STACK Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 07/12/1998

2006/2717 Construction of two industrial units (in lieu of Unit 2) with associated works, landscaping and fencing (Class B1, B2 & B8) (amendment to planning permission 2006/0006 granted on 6th April 2006) Decision: Grant Permission Conditional Decision Date: 05/02/2007

2010/1169 Construction of detached building for the processing of metals & end of life vehicles (Class B2) and installation of weighbridge, sleeper wall and formation of associated yard area Decision: Grant Permission Conditional Decision Date: 12/07/2011

2010/0311 Use of site as a haulage lorry park, plant hire yard for storage of soils, sand, aggregate, skip containers, internal access road, 2.4m sleeper wall and upto 2.4m palisade fencing and gates Decision: Refuse Decision Date: 22/06/2010

2010/0331 Construction of detached building for the processing of metals & end of life vehicles (Class B2) and installation of weighbridge and formation of associated yard area Decision: Refuse Decision Date: 22/06/2010

Page 43 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 5 (CONT’D) APPLICATION NO. 2010/1154

2006/2184 Storage yard (Class B8) with ancillary detached office building and detached cement store with associated access/highway works Decision: Grant Permission Conditional Decision Date: 08/01/2007

2003/1719 Construction of four detached commercial units with associated roadworks and car parking arrangements Decision: Grant Permission Conditional Decision Date: 23/12/2003

2007/1640 Storage yard (Class B8) with ancillary detached office building and detached cement store with associated access/highway works (amendment to planning permission 2006/2184 granted on 8th January 2007) Decision: Grant Permission Conditional Decision Date: 31/08/2007

RESPONSE TO CONSULTATIONS

The application was advertised on site and in the local press and four individual letters sent to neighbouring occupiers. No response.

Environment Agency – No objection.

Dwr Cymru Welsh Water – No objection subject to conditions

Highways – No highway objection.

Note: The site access roads are not suitable for adoption and will have to remain privately maintained.

APPRAISAL

This application is reported to Committee who also requested a site visit at the request of Councillor Chris Holley and Councillor Anne Cook in order for Committee to consider the impact of the development on the character and general amenity of the area and neighbouring occupiers.

Full planning permission is sought for an extension to the existing metal processing yard, retention of the landscaped embankment and formation of a lorry park with landscape bund and internal access road, 2.4m high sleeper wall, up to 2.4m palisade fencing and gates and landscaping bund at Plots P1 and P2 Felinfach Industrial Estate.

In terms of planning history, a similar application was submitted on the application site and subsequently refused in June of 2010, (2010/0311 refers). The reason for refusal was as follows:

Page 44 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 5 (CONT’D) APPLICATION NO. 2010/1154

1. The nature of the proposed use together with its associated external storage, within a visually prominent position will result in a visually intrusive form of development that would undermine and detract from the appearance and visual amenities of the locality contrary to the provision of Policies EV1, EV2, and EV40 of the Swansea Unitary Development Plan 2008.

This application was submitted concurrently with planning application Ref 2010/1169 which relates to the adjoining site and which also falls within the control of the same applicant. That application sought consent for the construction of a detached building for the processing of metals and end of life vehicles (Class B2) and the installation of a weighbridge and the formation of an associated yard area and was granted conditional permission on 12 th July 2011. This application relates to Plots P1 and P2 and consists of a generally level plateau of made up ground separated from Plot 1 on the lower plateau by a steep embankment which rises in ground level by some 14m over a distance of some 34m. The application site (principally the upper plateau albeit including an area east of the weighbridge on the lower plateau) can be reached via a newly laid internal roadway which rises along the southern and south-eastern site perimeter.

The upper plateau is some 140m in length, with the widest part being the southern third, which extends to a maximum of 45m. The upper plateau is bound by, but is sited lower than the large industrial unit to the rear which fronts Queensway. The upper plateau will consist of a lorry park. A newly formed landscape bund will be created above the profiled embankment which falls to the lower plateau. The bund will be some 2m in height and expand to a breadth of 4m planted with trees and shrubs. Palisade fencing and a sleeper wall surrounds and creates a compound for the proposed extension tot the existing metal processing operation on the lower plateau adjacent to Plot 1.

The application falls to be considered having regard to the following policies of the City & County of Swansea Unitary Development Plan (2008):

Policy EC1 (4) – General Employment Sites – Swansea Industrial Sites.

Policy EC3 – Established industrial and commercial areas.

Policy EV1- Design

Policy EV2 – Siting

Policy EV33 – Sewage Disposal

Policy EV34 – Protection of controlled waters

Policy EV35 – Surface Water Run-off

Policy EV40 – Air, Noise and Light Pollution

Policy AS2 – Design and Layout.

Policy EC1 identifies the site as employment land and more specifically identifies the site within the Strategic Site of Swansea West Industrial Park.

Page 45 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 5 (CONT’D) APPLICATION NO. 2010/1154

Policy EC3 states that improvements and enhancement of the established industrial and commercial area will be encouraged. Policies EV1 and EV2 set objectives of good design and appropriate siting for new developments while Policy EV40 states that development will not be permitted that would cause or result in significant harm to health, local amenity through significant level of air, noise or light pollution. Policies EV33 – 35 seek to ensure that development is only permitted where it can be served by the public mains sewer, but where inadequate improvements can be provided, and that no risk to the quality and quantity of controlled waters occurs. Policy AS2 states that new development should be designed to allow for the safe, efficient and non-intrusive movement of vehicles.

The proposed use is considered to be compatible with the designation of the site and the surrounding area as being a general employment site (EC1), where B1, B2, B8 and similar uses are generally encouraged. The above policies do however require that the proposal, particularly design and siting, must be compatible with the surrounding uses at the industrial park. This includes safeguarding against potential adverse impacts on amenity, having full regard to existing adjacent developments and the possible creation of environmental pollution to the detriment of existing occupiers, such as noise general disturbance or traffic impact. Essentially a balance must be found between supporting and accommodating new investment within the estate and not jeopardising the viability and vitality of the estate through not adversely impacting on surrounding business uses.

The original estate was developed in a fragmented manner since 1945 when the estate was first purchased. The majority of the early development was of a private bespoke nature by individual freeholders. Latterly during the 1970’s and 1980’s manufacturing was the dominant type of employment at Fforestfach. However the economic recession of the 80’s led to an acute decline in manufacturing which in turn resulted in symptoms of neglect and decline with empty buildings/ factories and poor environmental conditions. To address this decline in August 1987 Swansea Industrial Estate was declared an Industrial Improvement Area, which eventually saw a total re-investment in the area via the Urban Programme of a sum in excess of £265,000.

SPG entitled the Fforestfach Industrial Improvement Area Action Plan 1993 was produced and includes Felinfach (although owned by the WDA) as a future development site. Following on from this a master plan and design brief for the 32 hectare site owned by the WDA known as Felinfach was produced in 2005 which set out the vision for the redevelopment of the next phase of the Swansea West Industrial Park. This document although not adopted has informed the decision making process for the Felinfach area.

It is important to note that the application site is located within the newest part of the estate which is host to a predominance of “clean” industry where environmental improvements and planting have been undertaken to very good effect. Such improvements “can greatly improve the operating conditions of businesses and the amenity provided for their employees” (para 5.17 Fforestfach IIA Action plan). Furthermore the Fforestfach IIA para 5.3 states that “new development will be expected to contribute to the greening of the estate to meet the demand of modern industry and commerce. This will also contribute to the improvement of the area directly making it more attractive to potential investors”. This point is considered material to the consideration of this application, whilst it is accepted that the proposed use is identified as acceptable within the Felinfach estate, this is, as with any development proposal, subject to there being no other overriding planning objections.

Page 46 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 5 (CONT’D) APPLICATION NO. 2010/1154

It is considered that the high quality of development and environmental enhancement including landscaping and boundary treatment that surrounds the application site contributes to what is currently a very attractive (albeit industrial) area. Much care has been taken to ensure that supporting areas for surrounding units such as loading bays, service areas, refuse and recycling storage areas are by enlarge located to the rear of buildings so as not to dominate the public realm.

Whilst this current application seeks consent for open storage of haulage lorries, the backdrop to the upper plateau is a substantial industrial unit currently utilised in part as a bus depot and the open area outside of this neighbouring depot which abuts the application site is frequently dominated by parked coaches and buses. On this basis, it is not considered that parked lorries on the upper plateau depart significantly from the existing backdrop of parked buses at the upper plateau. Furthermore, the newly formed embankment has been seeded to a large extent and is currently vegetating such that a potentially attractive grass embankment is emerging. The landscape bund proposed for the upper edge of the plateau, will serve as a further attractive screen, which whilst not able to afford complete screening of any haulage lorries until substantially matured, will nevertheless offer screening. It is noteworthy that the submitted plans indicate an extended area for the metal processing on the lower plateau and on this basis, the measures put in place by the applicant to afford satisfactory screening of Plot 1 during the consideration of the original application for the processing of metals and end of life vehicles (2011/1169 refer) effectively now offer a more than adequate from of screening for the entire lower plateau of the site and as such the extension of the metal processing area does not give rise to any additional concerns on visual amenity grounds. It is noted that Lorries can be seen currently parked on the upper plateau and are not considered visually at odds given the surrounding context.

The Felinfach part of the estate is almost self-contained and has developed a distinct character in its development which has raised the environmental and amenity quality of the area, which are now considered worthy of protection, so as to avoid the repetition of having to designate the area an industrial improvement area in years to come.

The proposal includes substantial landscaping and screening to the upper yard area and existing activities within Plot 1 on the lower plateau are adequately controlled via condition and similar control will be imposed on the level of external storage proposed for the extended area on the lower plateau. It is therefore accepted that there is provision within the policy framework to support the proposed land-use and it is considered that satisfactory measures are proposed to minimise any detrimental effect the proposal may have by way of unattractive and prominently sited open storage. It is therefore considered that the impact of the proposal is not sufficiently harmful upon the character and visual amenity of this newly developed part of the estate such that a recommendation of refusal can be justified.

Having consulted the Head of Transportation and Engineering there are no highway objections to the proposed scheme subject to the construction of a 2m wide footway along the site frontage linking the site access to the existing footway on Felinfach.

Notwithstanding all of the above the site is located within the drainage catchment area that drains to the Loughor Estuary and Burry Inlet which forms part of the Carmarthen Bay and Estuaries European Marine Site (CBEEMS).

Page 47 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 5 (CONT’D) APPLICATION NO. 2010/1154

The City and County of Swansea, as the competent authority, is required to carry out a Test of Likely Significant Effect (Habitat Regulation Assessment) of the proposal under the Conservation of Habitats and Species Regulations 2010. The TLSE is intended to assess the likely effect of the drainage proposals of this development on the integrity of the CBEEMS both alone and in combination with other developments in the same catchment area.

In this particular case, the applicant has confirmed that the proposal will be served by the new sealed drainage system approved on the lower plateau site. A schematic diagram of the proposed surface water management system shows that all surface water will pass through an interceptor and silt trap (septic tank) before entering the existing drainage system on the lower plateau (Plot 1). The water will then pass through another interceptor which is already present before entering a holding tank within Plot 1 prior to discharge to a soakaway. an 18m³ underground holding tank and 19.5m³ Class I interceptors, providing combined storage capacity of 37.5m³ have already been installed on Plot 1. The sealed drainage system will be emptied before and after forecasted storm events and is fitted with a high level alarm.

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

On this basis, the Environment Agency Wales have raised no objection to the soakaway system as described. In addition, CCW have raised no objection to the proposal but a test of likely significant effect under the Habitat Regulations has been undertaken where it was concluded that this proposal will not have an adverse effect on the integrity of this protected European site as there would be no flows entering the drainage network. Similarly Dwr Cymru Welsh Water have not objected to the proposal subject to foul and surface water being drained separately from the site and no surface water or land drainage run-off connecting either directly or indirectly to the public sewerage system.

It is recommended that an informative is included to remind the applicant of his obligations. The suggested wording is “Part 6 of the Conservation of Habitats and Species Regulations 2010 requires the competent authority, in this case the City & County of Swansea to undertake a Habitats Regulations Assessment (HRA) of all projects which alone or in combination with other projects could have a significant effect on the features of a protected European Site, in this case the Carmarthen Bay and Estuaries Marine Site (CBEEMS), before granting planning permission for any such project. This application comprises development which drains into the catchment area of the CBEEMS and which may, in combination with other projects, have a significant effect on this European Site.

Page 48 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 5 (CONT’D) APPLICATION NO. 2010/1154

However, the information required to enable an Appropriate Assessment to be undertaken has not been sought as the proposed drainage arrangements are not involving a connection to the main drainage network at present.

However, an Appropriate Assessment will need to be undertaken if the development connects to the main drainage network in future.

In conclusion therefore and having regard to all material planning considerations including the Human Rights Act the development is considered an appropriate form of development which will have an acceptable impact upon the visual qualities of the area, will not compromise current highway safety standards, and as such complies with the provisions of Polices AS6, EV1, EV2, EV33, EV34, EV35, R12 and EV40 of the Swansea UDP. As such 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 Within 3 months of the date of this planning permission, a scheme for the landscaping of the site including the proposed bund shall be submitted to, and for the written approval of the Local Planning Authority. The landscaping scheme shall be implemented within the first planting season following approval of the details. Any trees or shrubs planted in accordance with this condition which are removed, die, become seriously diseased within five 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 Any material stored in the open within the extended metal processing area on the lower plateau, or within the open area hereby approved on the upper plateau shall not exceed a maximum height of 2.5 metres above yard level. Reason: In the interest of visual amenity.

4 Foul water and surface water discharges must be drained separately from the site Reason: To prevent hydraulic overloading of the public sewerage system and pollution of the environment.

Page 49 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 5 (CONT’D) APPLICATION NO. 2010/1154

5 No land drainage run-off will be permitted, either directly or indirectly, to discharge into the public sewerage system or highway drainage system. Reason: To prevent hydraulic overloading of the public sewerage system and pollution of the environment.

6 No future alterations to the drainage system shall take place without the prior agreement in writing of the Local Planning Authority Reason: To prevent hydraulic overloading of the public sewerage system and pollution of the environment.

7 No further development shall be carried out on site until the developer has implemented the scheme for the surface water management system as outlined on Plan No. 161-01-01.d09 dated 2nd November 2011 and in accordance with technical details which shall be submitted to and approved by the Local Planning Authority. This scheme shall include the following:- The sustainable drainage system (SUDS) for surface water drainage, which will not connect (directly or indirectly) to the public foul sewerage system, or highway drainage system. Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment.

INFORMATIVES

1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: Policies EV1, EV2, EV33, EV34, EV35, EV40, EC1, and EC3 of the Swansea Unitary Development Plan 2008.

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

3 Any culverting of a watercourse requires the prior written approval of the Local Authority under the terms of the Public Health Act 1936, and the prior written consent of the Environment Agency under the terms of the Land Drainage Act 1991/Water Resources Act 1991. The Environment Agency seeks to avoid culverting, and its consent for such works will not normally be granted except for access crossings. The Environment Agency has no knowledge of flooding in this vicinity. However, you are also advised to consult with your Engineers Department, who may hold records/additional information, prior to the granting of planning consent.

4 The Environment Agency and the Local Authority have permissive powers to maintain watercourses depending on the watercourse's definition as "Main River" or "Ordinary Watercourse". The responsibility for general maintenance of the river and its banks rests with the riparian owner. Any bankside trees or vegetation within 3 metres of the watercourse should be protected from development in order to promote conservation and preserve visual amenity.

Page 50 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 5 (CONT’D) APPLICATION NO. 2010/1154

5 Site operators should ensure that there is no possibility of contaminated water entering and polluting surface or underground waters.

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

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

8 Under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws, the prior written consent of the Environment Agency is required for any proposed works or structures in, under over or within 7 metres of the top of a main river i.e. Nant-y-Fendrod & Nant Bran.

9 Any culverting of a watercourse requires the prior written approval of the Local Authority under the terms of the Public Health Act 1936, and the prior written consent of the Environment Agency under the terms of the Land Drainage Act 1991.

10 Part 6 of the Conservation of Habitats and Species Regulations 2010 requires the competent authority, in this case the City & County of Swansea to undertake a Habitats Regulations Assessment (HRA) of all projects which alone or in combination with other projects could have a significant effect on the features of a protected European Site, in this case the Carmarthen Bay and Estuaries Marine Site (CBEEMS), before granting planning permission for any such project. This application comprises development which drains into the catchment area of the CBEEMS and which may, in combination with other projects, have a significant effect on this European Site. However, the information required to enable an Appropriate Assessment to be undertaken has not been sought as the proposed drainage arrangements are not involving a connection to the main drainage network at present. However, an Appropriate Assessment will need to be undertaken when or if a future connection to the main drainage network is proposed.

PLANS

161-01-01-D01 site location plan, 161-01-01-D08 fence and wall details, 161-01-01-D10 concrete bay details, 161-01-01-D11 A B C cross section, 161-01-01-D12 B-E cross section, 161-01-01-D13 D-E cross section, 161-01-01-D14 F-G-D cross section, 161-01- 01-D19 H-Sp1 cross section, 161-01-01-D24 oil separator details, 161-01-01-D25 storage tank details, design and access statement received 27th July 2010 161-01-01-D09 Rev I drainage details, Dated 13th December 2011, 161-01-01.D06 Proposed lorry park and storage facility layout dated 19th March 2012; 161-01-01.D04 Rev E Cross section of proposed lorry park dated 13th March 2012; additional plan 161-01-01-D09 Rev J drainage plan dated 19th March 2012; site layout plan dated 17th May 2012.,

Page 51 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 6 APPLICATION NO. 2012/0507 WARD: Gower Area 2

Location: Surf Sound Oxwich Swansea SA3 1LS Proposal: Increase in ridge and eaves height with front balcony and installation of flue Applicant: Mr & Mrs SM & F Randle

Camping Site

Swimming Pool

Merlands

Surf Sound

D ra i n

The Croft

Fern

Cottage

Lansdowne

Cuckoo's Nook

Asmara

Briar-Dene Cottage Conifers

Taronga

Driftwood 8

8 1

9 5

9 1

NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright. Page 52 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 6 (CONT’D) APPLICATION NO. 2012/0507

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 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 90/0277/03 GUEST HOUSE ACCOMODATION FOR 12 MONTHS TRADING. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 12/04/1990

75/0066/03 GUEST HOUSE Decision: *HRP - REFUSE PERMISSION Decision Date: 27/05/1975

85/0954/03 CHANGE OF USE FROM GUEST HOUSE TO NURSING HOME. Decision: *HGPCU - GRANT PERMISSION UNCONDITIONAL Decision Date: 29/08/1985

RESPONSE TO CONSULTATIONS

Three neighbouring properties have been consulted and the application has been advertised on site, however, no responses have been received from neighbouring properties.

Pollution Control – The Applicant’s attention should be drawn to the following source of information regarding the installation of appliances. Page 53 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 6 (CONT’D) APPLICATION NO. 2012/0507

Highway Observations – Parking demand will not change as a result of this proposal. I recommend no highway objection.

APPRAISAL

The application is reported to Committee for decision at the request of Councillor Richard Lewis to assess the impact on the Conservation Area.

Full planning permission is sought for the construction of increase in ridge and eaves height with front balcony and installation of flue at the property know as ‘Surf Sound’ in Oxwich. The property is a detached dwelling located off a lane within the village of Oxwich. The property is mostly screened from the lane by foliage to the front and is located within the Oxwich Conservation Area and the Gower AONB.

The main issues for consideration with regard to this application are the impact of the proposals on visual and residential amenity and the character and appearance of the surrounding area, the Gower AONB and The Oxwich Conservation Area, having regard to Policies EV1, EV9, EV26 and HC7 of the Unitary Development Plan, The Design Guide for Householder Development and The Gower AONB Design Guide. It is not considered that the provisions of the Human Rights Act raise any other overriding considerations.

The proposals are considered to be in keeping with the character and appearance of the host dwelling and the surrounding area by virtue of their sympathetic siting, scale and design. The dwelling does not form part of a uniform streetscene and as such there are no ridgelines which need to be particularly acknowledged given the adhoc arrangement of surrounding properties. With regard to the front balcony, whilst these kind of structures are not normally considered particularly appropriate additions to the front of properties, it is considered in this instance that the proposed addition will be acceptable given that the property is set back a sufficient distance from the adjacent lane and there is extensive foliage screening most of the property from public vantage points. The flue given its minimal size and sympathetic design is not considered to cause an issue in this instance. The proposals are therefore not considered to have a harmful impact on the AONB or the Oxwich Conservation Area and are as such considered to comply with the relevant Development Plan Policies and The Gower AONB Design Guide.

The increase in eaves and ridge is not considered to result in any impact in terms of possible overbearance or overshadowing given the location of the extension to the roof and the sympathetic positioning of the balcony. In terms of overlooking, the balcony will allow for views towards the properties either side, however, given there is sufficient distance from the side of the balcony to the boundaries with the properties either side (in excess of 10m) there is as such not considered to be an issue with regard to unacceptable viewing from the balcony in this instance.

The Head of Transportation and Engineering Services has stated that parking demand will not change as a result of this proposal. Therefore, no objections are raised.

Page 54 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 6 (CONT’D) APPLICATION NO. 2012/0507

In conclusion, therefore, the proposals are considered to be appropriate forms of development that would not have any significant adverse visual impact upon the character and appearance of the host dwelling or the streetscene or impact upon the residential amenities of neighbouring occupiers, and, therefore, complies with Policies EV1, EV9, EV26 and HC7 of the City and County of Swansea Unitary Development Plan, The Design Guide for Householder Development and The Gower AONB Design Guide

RECOMMENDATION

APPROVE, subject to the following condition;

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, EV9, EV26 and HC7 of the Unitary Development Plan)

4 The Pollution Control Section have advised that the applicant’s attention should be drawn to the following source of information regarding installation of appliances: http://smokecontrol.defra.gov.uk/appliances.php?country=w

Page 55 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 6 (CONT’D) APPLICATION NO. 2012/0507

PLANS

Site location plan, block plan, 212.01 existing floor plans, 212.02 existing elevations, 212.04 proposed floor plans with existing & proposed section, 212.05 proposed elevations received 16th April 2012

Page 56 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 7 APPLICATION NO. 2012/0631 WARD: Gower Area 2

Location: Little Lunnon Farm Lunnon Swansea SA3 2EJ Proposal: Retention of lean to roof, completion of flat topped hip roof and installation of solar panels to south and west elevations Applicant: Mr Colin Ford

Ashgrove

Byways

Brownswell Farm

Little Lunnon Farm

Big 65.5m House Eastfield Lunnon Green Farm

LB Ty Haf

The Rick GP Yard Highlands

Lunnon Farm

2 Conkers GP 65.3m

Lunnon

NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s StationeryPage 57 Office, © Crown Copyright. TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 7 (CONT’D) APPLICATION NO. 2012/0631

BACKGROUND INFORMATION

POLICIES

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

SITE HISTORY

App No. Proposal 2001/2061 Two storey side extension incorporating granny annex Decision: Grant Permission Conditional Decision Date: 12/03/2002

2001/0702 Erection of a pair of semi-detached bungalows Decision: Refuse Decision Date: 14/08/2001

2002/0040 Erection of a detached dwelling house (Outline) Decision: Withdrawn Decision Date: 13/02/2002

90/0413/01 ERECTION OF ONE DWELLING. Decision: *HRP - REFUSE PERMISSION Decision Date: 01/05/1990

95/1193 TWO STOREY REAR EXTENSION, ALTERATION TO FRONT ROOF SLOPE AND ERECTION OF REAR CONSERVATORY EXTENSION Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 04/12/1995

RESPONSE TO CONSULTATIONS

Two neighbouring properties have been consulted and no letters of objection have been received. Page 58 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 7 (CONT’D) APPLICATION NO. 2012/0631

Ilston Community Council – No objection.

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Richard Lewis due to the site being located within the open countryside and the conservation area.

The residential property at Little Lunnon is situated on the northern edge of the Gower Village of Lunnon and abuts Brownswell Farm to the east with open countryside to the north. The site is not, however, within a Conservation Area. Full planning permission is sought for the retention of a lean to roof, completion of a flat topped hip roof and installation of solar panels to south and west elevations of an existing partly constructed outbuilding at the property known as Little Lunnon Farm in Lunnon. The existing structure comprises of a concrete slab foundation with several block work walls with a lean to roof to the south of the structure. The block work walls appear historic and this application seeks planning permission for the retention of the lean to roof whilst proposing to attach a flat topped hip roof along with solar panels to the remainder of the building.

The main issues for consideration with regard to this application are the impact of the proposals on visual and residential amenity and the character and appearance of the Gower Area of Outstanding Natural Beauty, having regard to Policies EV1, EV26 and HC7 of the Unitary Development Plan the Design Guide for Householder Development and the Gower AONB Design Guide. It is not considered that the provisions of the Human Rights Act raise any other overriding considerations.

Although the proposal incorporates a relatively unusual real design, the proposed development is not considered to be detrimental to the surrounding area given its siting, scale and overall design. The works involve completing the building and represents an improvement to the partly exposed structure that currently exists. The proposed materials involve the use of dark grey profile sheets for the roof of the building. The building is not considered to be a particularly prominent feature within the surrounding landscape being set away from the boundaries with adjoining surrounding lanes and thus not particularly visible from public vantage points but in any event will be viewed in the context of substantial agricultural buildings adjoining the site. It is acknowledged that applications in the past for residential development at a similar location have been refused, given that this proposal involves work to an existing structure associated with the main dwelling the issues in this instance are considered to be materially different to that of an application for residential development. In addition, a conditions is attached ensuring the outbuilding is only used in association with the main dwelling and not sold or let as a separate unit of accommodation. Furthermore, the building is not proposed to encroach into the adjoining field being contained within the curtilage of the site.

In addition, the solar panels given their position on the building are also not considered to result in any harmful impact and are not are considered to be unacceptable given their siting, scale and design. The proposed development is therefore not considered to have a harmful impact on the Gower AONB and in visual terms complies with The Design Guide for Householder Development, The Gower AONB Design Guide and the relevant Development Plan Policies.

Page 59 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 7 (CONT’D) APPLICATION NO. 2012/0631

The siting of the proposals in relation to neighbouring properties is considered to ensure it will not have an unacceptable impact in terms of overbearance, overshadowing or overlooking.

In conclusion, therefore, the proposal is considered to be an appropriate form of development that would not have a significant adverse impact upon the character and appearance of the host dwelling or the Gower AONB or have an impact upon the residential amenities of neighbouring occupiers, and, therefore, complies with Policies EV1, EV26 and HC7 of the City and County of Swansea Unitary Development Plan, the Design Guide for Householder Development and the Gower AONB Design Guide.

RECOMMENDATION

APPROVE, subject to the following conditions:

2 The development hereby approved shall be used wholly in conjunction with and for the enjoyment of the occupants of the existing dwelling house and their family, and shall not be let, sublet or otherwise disposed of as a separate unit of accommodation at any time. Reason: It is not considered that the property is suitable for the creation of separate units of accommodation.

INFORMATIVES

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 of Habitats and Species Regulations 2010. This legislation implements the EC Habitats & Species Directive in the UK making it an offence to capture, kill or disturb a European Protected Species or to damage or destroy the breeding site or resting place of such an animal. It is also an offence to recklessly / intentionally to disturb such an animal. If evidence of bats is encountered during site clearance, work should cease immediately and the advice of the Countryside Council for Wales sought before continuing with any work (01792 634960).

Page 60 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 7 (CONT’D) APPLICATION NO. 2012/0631

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

PLANS

Site location plan, block plan, DRG.No LF/1/1- existing elevations, DRG.No LF/1/3- proposed elevations & floor plans received 25th April 2012

Page 61 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 8 APPLICATION NO. 2012/0879 WARD: Gower Area 2

Location: The Haven Horton Swansea SA3 1LB Proposal: Single storey side extension Applicant: Mr & Mrs Michael Jones

The Hayes

The Brackens Horton The Tors

Granary

Cott Blythswood T h e R e t r e a t Kiln Bank Hillside Underhill

P a 18.3m th ( u m Witsend ) Holmlea

3 1

L AN E R H I L L The Haven U N D E Emmanual House 1 t o 6

Springfield LB

I Sea Breeze v a

N n

h o C o r t o e h S t w t e

d o g o L d e i t l t e a l e g a n T t H t d h o a C s e v e G r e o a n h b S l e s Talbot Lodge

S T w The Hollies r a n

- c 11.7m y k - M C Q o o u r t a t a i n g t e w a FS y s

NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright.

Page 62 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 8 (CONT’D) APPLICATION NO. 2012/0879

BACKGROUND INFORMATION

POLICIES

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

SITE HISTORY

App No. Proposal 2012/0056 Replacement garage/wood shed Decision: Grant Permission Conditional Decision Date: 07/03/2012

RESPONSE TO CONSULTATIONS

The application has been advertised on site, however, no responses have been received.

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Richard Lewis to assess the impact upon the Conservation Area.

Full planning permission is sought for a single storey side extension at The Haven, Horton. The property is detached dwelling located within the Gower AONB and the Horton Conservation Area.

The main issues for consideration with regard to this application are the impact of the proposals on visual and residential amenity and the character and appearance of the Gower Area of Outstanding Natural Beauty and the Horton Conservation Area, having regard to Policies EV1, EV9, EV26 and HC7 of the Unitary Development Plan, The Design Guide for Householder Development andPage the Gower63 AONB Design Guide. TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 8 (CONT’D) APPLICATION NO. 2012/0879

It is not considered that the provisions of the Human Rights Act raise any other overriding considerations.

The proposed development is considered to be in keeping with the host dwelling and the surrounding area given its sympathetic siting, scale and design. Whilst it will be partly visible from both lanes to the front and side of the property, given its corner plot location, it is not as such considered to have a detrimental impact given the reasons stated above and furthermore, the foliage surrounding the property provides a relatively dense screen, allowing only part of the property to be visible from public vantage points. The materials are indicated as matching the existing materials; however, a condition is attached to ensure this is the case. It is acknowledged that the property is located in a relatively sensitive location being both within the Gower AONB and the Horton Conservation Area, however, it is not considered it will have an adverse impact on either of these areas given the above considerations. Therefore the proposal is considered to comply with the relevant Development Plan Policies namely Policies EV9 and EV26 of the Unitary Development Plan and complies with both the Design Guide for Householder Development and the Gower AONB Design Guide.

The siting of the proposals in relation to neighbouring properties is considered to ensure it will not have an unacceptable impact in terms of overbearance, overshadowing or overlooking.

In conclusion, therefore, the proposal is considered to be an appropriate form of development that would not have a significant adverse visual impact upon the character and appearance of the host dwelling, or the Gower AONB and Horton Conservation Area or impact upon the residential amenities of neighbouring occupiers, and, therefore, complies with Policies EV1, EV9, EV26 and HC7 of the City and County of Swansea Unitary Development Plan, The Design Guide for Householder Development and the Gower AONB Design Guide.

RECOMMENDATION

APPROVE, subject to the following conditions:

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

INFORMATIVES

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, EV9, EV26 and HC7 of the Unitary Development Plan) Page 64 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 AUGUST 2012

ITEM 8 (CONT’D) APPLICATION NO. 2012/0879

4 A public sewer is crossing the site. No development (including the raising or lowering of ground levels) will be permitted within the safety zone which is measured either side of the centre line. For details of the safety zone, please contact Dwr Cymru Welsh Water's Network Development Consultants on 0800 917 2652. The developer must contact Dwr Cymru Welsh Water's Network Development Consultants at the same location if a sewer connection is required under Section 106 of the Water Act 1991 or any alteration to Welsh Water's apparatus is proposed prior to any development being undertaken.

PLANS

Site location plan, block plan, existing and proposed elevations, existing north and west elevations, proposed floor plan and section, existing floor plan received 2nd July 2012

Page 65 Agenda Item 6

Report of the Head of Economic Regeneration & Planning

Area 2 Development Control Committee - 14 August 2012

Planning Application No 2010/0914 - Construction of 14 Dwellings (Outline) at North Gower Hotel, Llanrhidian, Swansea

1.0 Background

1.1 At Area 2 Development Control Committee on 25 th October 2011 Members resolved to approve the above planning application subject to a Section 106 obligation, requiring the provision of 4 affordable dwellings and a commuted sum of £29,259 to facilitate the upgrade in facilities at Llanrhidian Primary School, and subject to conditions. A copy of my report is attached as Appendix A.

1.2 It has subsequently transpired, however, that a small section of land within the site is not within the ownership of the applicant and is unregistered.

1.3 As such the original planning application was technically invalid as the correct certificates and notices were not served at the time the application was originally submitted.

1.4 In accordance with the requirements of Article 10 of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012, the correct certificate has now been submitted to the Authority and the application has been advertised in the press.

2.0 Main Issues

2.1 In response to the press notice one letter of response has been received from Llanrhidian Lower Community Council reiterating previous concerns regarding the scheme, including the size and potential impact of the development in a relatively small village, and querying the extent of consultation.

2.2 Issues relating to the size and scale of the development have been addressed in the main body of my report attached as Appendix A. Officers have also discussed the issue of consultation with the Community Council in that the amendment to the notice is an administrative issue to ensure that where the owners of land can not be identified appropriate notification is undertaken.

Page 66 There has been no material change in circumstances since the application was previously considered by this Committee, the scheme has not been amended and all previous objections and comments have been fully considered and addressed in the attached report. My recommendation of approval therefore remains unchanged.

3.0 Recommendation

3.1 It is recommended that:

(i) The application is approved subject to the developer entering into the Section 106 Obligation and to the conditions set out in my report to the Area 2 Development Control Committee on the 25 th October 2011, attached as Appendix A.

BACKGROUND PAPERS : Local Government Act 1972, as amended by the Local Authorities (Access to Information) Act, 1985. Contact Officer: Ryan Thomas Extension No: 5733 Date of 1st August 2012 Document North Gower Hotel Production: Name:

Page 67 APPENDIX A

ITEM APPLICATION NO. 2010/0914 WARD: Gower Area 2

Location: North Gower Hotel Llanrhidian Swansea SA3 1EE Proposal: Construction of 14 dwellings (outline) Applicant: North Gower Hotel

BACKGROUND INFORMATION

POLICIES

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

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

Policy HC3 Provision of affordable housing in areas where a demonstrable lack of affordable housing exists. (City & County of Swansea Unitary Development Plan 2008)

Policy HC17 The Council will negotiate with developers to secure improvements to infrastructure, services, and community facilities; and to mitigate against deleterious effects of the development and to secure other social economic or environmental investment to meet identified needs, via Section 106 of the Act. (City & County of Swansea Unitary Development Plan 2008)

SITE HISTORY

App No. Proposal 2001/0962 Detached dwelling house with integral garage (Details of siting , design and external appearance pursuant to condition 01 of planning permission A00/1787 approved on 31st January 2001) Decision: Withdrawn Decision Date: 05/08/2001

2001/2087 Detached dwelling house and attached garage Decision: Grant Permission Conditional Decision Date: 19/02/2002

A00/1787 ERECTION OF A DETACHED DWELLING HOUSE (OUTLINE) Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 30/01/2001

2004/0192 Rear conservatory and addition of raised rooflight over function room Decision: Grant Permission Conditional Decision Date: 26/03/2004

84/0374/03 PROPOSED CHILDRENS WET WEATHER FACILITY (COVERED PLAY AREA). Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 26/04/1984

84/1385/01 TOURIST ACCOMMODATION IN 8 CHALETS INCL ONE FITTED OUT FOR DISABLED PERSON Decision: *HRP - REFUSE PERMISSION Decision Date: 29/11/1984

84/1694/01 PROPOSED EXTENSION TO EXISTING MAIN HOTEL BUILDING TO PROVIDE FOURTEEN ADDITIONAL BEDROOMS SERVICED BY MAIN HOTEL.

Page 69 Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 28/02/1985

84/1806/03 RETENTION OF CARAVAN AT NORTH GOWER HOTEL FOR USE BY EMPLOYEES OF THE COMPANY. Decision: *HRP - REFUSE PERMISSION Decision Date: 28/02/1985

85/0825/03 ADDITION OF FOURTEEN BEDROOMS PLUS DINING ROOM AND A FIRST FLOOR FLAT OVER. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 29/08/1985

87/1234/04 RENEWAL OF TEMP. PERMISSION FOR EXISTING CHILDRENS WET WEATHER PLAY AREA. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 07/06/1988

74/0890/03 ADDITIONS AND ALTERATIONS Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 28/11/1974

76/0206/03 ADDITION OF TOILETS TO EXTENSION Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 29/04/1976

74/0239/03 ADDITION OF DINING ROOM WITH KITCHEN AND BEDROOM OVER Decision: Withdraw Decision Date: 02/08/2001 13:20:57

RESPONSE TO CONSULTATIONS

Neighbours: The application was advertised on site in the form of a Site Notice and in the press as development which may in the view of the City and County of Swansea have a substantial impact on the amenity of the area in which it is situated. In addition to this, two neighbouring dwellings were individually consulted. Thirteen individual letters of OBJECTION have been received which are summarised below:

1. Loss of a community facility. 2. Present owners are clearly incapable of matching the success of other establishments. 3. The existing business is a major employer in the area and the proposal will result in the loss of more jobs than the applicant suggests. 4. Proposal is contrary to the provisions of the UDP. Existing Tourism policies make it even more important that the existing stock of serviced accommodation is maintained to the benefit of the tourism industry. 5. The applicant relies very heavily on Policy EV16 however the scale, density and layout are not found elsewhere in the village and is therefore inappropriate. Page 70 6. Relationship with other dwellings is incongruous. 7. Overdevelopment of the site. 8. Proposal is in the Countryside. 9. Council refused application at land adjacent to Harewood. 10. UDP amplification of Policy EV16 states ‘especially where this has the effect of changing an informal, low density linear or dispersed village into a suburban street.’ 11. Finally in relation to Policy HC17 I trust that if the Council are mindful to approve this application then appropriate planning obligations will be sought. 12. Out of keeping with the Gower AONB. 13. Out of character with the area. 14. Impact upon protected trees. 15. Proposal will damage wildlife habitats. 16. Precedent for other developments. 17. Out of keeping with the pattern of development. 18. Schools cannot support additional dwellings 19. Drainage concerns. 20. Highway safety concerns. 21. Loss of a landmark building.

Highways: This proposal is to demolish the North Gower Hotel in Llanrhidian and replace it with a development of 11 houses. Access is proposed from the existing junction which will be improved to adopted standards with adequate visibility and width to accommodate a standard carriageway and footways to serve the development. A turning head is proposed at the end of the access road and 11 dwellings will front onto the road each with its own access and on site parking facilities.

In terms of traffic movements, the present hotel has generated a significant number of movements over the years and it is unlikely that this proposal will generate an unacceptable amount of traffic. The access will be constructed to adopted standards to ensure safety and therefore the proposal is acceptable.

I recommend no highway objection subject to the access works being completed to a satisfactory standard prior to occupation of any dwelling within the site

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

Environment Agency: As advised in response to pre-application enquiry for this dated 28 th April 2010 (Ref: ENQ2009/0295, our ref: SH/2009/107060), the site is located on a major aquifer, which is underlain by the Hunts Bay Limestone Group. Major aquifers are important local sources of drinking water and may provide baseflows to rivers.

No details have been provided regarding the use of the site prior to the existing hotel development. Furthermore there is insufficient detail in relation to the foul and surface water provision for the development.

Without further information we are unable to determine whether the risks posed to groundwater can be satisfactorily managed and as such, we would OBJECT to the application as submitted.

Page 71

Countryside Council for Wales: CCW objects to the proposal, because there is not enough information for us to assess possible effects on the interests listed below:

• Protected Species. • Gower AONB. • Carmarthen Bay and Estuaries Special Area of Conservation (SAC), Burry Inlet Special Protection Area (SPA) and Burry Inlet Ramsar.

Llanrhidian Lower Community Council: The people of Llanrhidian are shocked with the prospect of losing our only Hotel. However we do realise that if a business is not doing well it may have to close. If this area is rebuilt on the above Council feels that 11 houses would spoil the approach to a pleasant rural village such as Llanrhidian. If any development takes place on this area the above Council asks if it could be of affordable housing.

Martin Caton MP: They rightly point out that the Hotel is currently an important community resource, hosting a range of organisations and activities, many of which could not easily be transferred to alternative local venues.

If provides direct employment to local people, but also benefits the local economy in a wider sense as part of the tourist infrastructure of Gower. If it were to go, it is very difficult to envisage an equivalent hotel being opened up on the peninsular in the foreseeable future.

Dwr Cymru/Welsh Water: No objection subject to informatives.

The Gower Society: The Gower Society has inspected this application and visited the site and has the following observations to make:

1. This society deplores the demolition of perfectly good buildings for commercial gain and rebuilding. North Gower is in need of this hotel. 2. This hotel should, if ran efficiently provide a lucrative commercial business that serves the tourist as well as the residential needs of the community, as well as providing local employment. It would be unfortunate to lose this tourism amenity. 3. If this business is demolished, we wonder if there will be a future desire by some entrepreneur to build a similar hotel in a similar available location on North Gower. 4. If demolished, and the building of 11 dwellings in its place be allowed, it would be a serious over-development of the site. We also consider that it would place an unacceptable stain on the waste disposal system.

We ask that you take the above comments into consideration when determining this application.

Following consideration of the application with the Councils Urban Design Officer amended plans were submitted altering the layout and increasing the number of dwellings to 14 (incorporating 4 affordable houses). In addition to this additional information was submitted in order to address the concerns raised by the Environment Agency and CCW. All previous objectors were individually consulted and the amendments advertised on site in the form of a Site Notice. The following letters of response were received:

Page 72 Neighbours: Five letters of objection were received which are summarised below:

1. Loss of light to the front of our property. 2. Green area to the front of the hotel would be lost and it is an asset to the area. 3. The beauty of Gower should not be jeopardised for Commercial gain. 4. Proposal is crammed, congested and ugly. 5. Existing hotel has character, the proposal does not. 6. Dwellings 1, 2, 3 and 4 are clearly forward of the building line. 7. Proposal will result in the loss of vegetation. 8. Loss of quality accommodation. 9. Loss of important contributor to the local economy. 10. School is oversubscribed and the proposal will impact this facility. 11. Loss of an important affordable community facility. 12. No facilities in the area for children to use. 13. Drainage concerns. 14. Traffic concerns. 15. Loss of trees. 16. Pet animals could escape and attack livestock. 17. Loss of services. 18. Proposal not in keeping with the Gower AONB. 19. Far more loss in an employment than stated by the applicant.

Gower Society: We note that this current application differs considerably from the original, to which we responded on 30 th June 2010. All our comments of that date remain pertinent. However, we are very concerned by the proposals in this amended application for the following additional reasons:

1. The number of dwellings has increased from 11 to 14. 2. This constitutes over-development of the site and a marked increase in density. 3. There is loss of existing trees located on the road boundary. 4. There is loss of open green space to the north of the development where it fronts the highway. 5. The amended plans put 4 dwellings now far in front of the existing line of adjacent properties and nearer to the road. 6. The driveways of these 4 proposed properties now exit onto the road separately instead of through a common entrance.

Having noted these changes and the proposed green bank at the rear, the Gower Society wishes to object for the above reasons.

Countryside Council for Wales: Thank you for your e-mail of 21 st July 2011 in which you included a copy of the bat survey. CCW also note the increase in proposed housing numbers from 11 to 14 as laid out in the consultation of 28 July 2011.

CCW withdraws its holding objection. In our opinion, as explained below, the proposal is not likely to adversely affect any of the interests listed. Our advice depends on the implementation of the points outlined in this letter.

Environment Agency: The Modified Rational method used in the report to estimate surface water run-off is likely to overestimate the discharge from this brownfield site. This method was originally intended for pipe sizing. Any overestimation in this context is however seen as positive and precautionary. In particular, this method

Page 73 does not take into account the physical processes of surface area wetting, routing or ponding that could take place. However, we note that currently no method is ideally suited to surface run-off calculations from brownfield sites.

Te report suggests the use of soakaways to manage surface water from the houses. Percolation tests and soakaway designs have been provided, however we have not reviewed or checked this information. Your Authority’s Building Control department will be able to provide further information as to whether the design is acceptable. We can confirm however that the calculations used to estimate the design rainfall are considered appropriate for use.

We would again also remind your Authority that the use of soakaways will depend on suitable ground conditions. The preliminary risk assessment produced by Quantum Geotechnical Ltd (ref: P101443/DS), which was previously received in support of this application, recommended that a ground investigation be carried out. This was recommended in order to assess the geotechnical aspect of the existing ground conditions on-site and to assess the suitability of using SUDS. If however your Authority’s Building Control department are satisfied with the use of soakaways at this site, then we would offer no further comment in this regard.

Rainwater harvesting and grey-water recycling is also proposed. We welcome this suggestion and would look to secure their use in the development by means of a condition on any permission granted.

Section 4.4 of the report (attenuation of highway drainage) also suggests that attenuation could be provided to reduce highway run-off to the Greenfield rate. We welcome this proposal, which is seen as beneficial. It is suggested that flows are attenuated to the 100 year Greenfield run-off rate. We have previously estimated a Greenfield run-off rate (QMED/2 year) for this site as 12.2 l/s/ha. We would however recommend that you consult with your Authority’s Drainage and Highway Engineers for further comments on this proposal.

We also note that there will be a reduction in impermeable areas as a result of the development, which in itself will provide betterment.

Overall, we are satisfied with the recommendations set out in the Drainage Report. We would expect these methods to be incorporated into the development to ensure the effective management of surface water run-off.

Additional letter from the Environment Agency – It appears that the proposal has been amended to increase the number of dwellings from 11 to 14. This has resulted in a change in site layout, as indicated on submitted drawing SG.01 revised 14/10/2010.

These amendments do not change our position on this proposal and we would refer you to our letter of 24 th May 2011 for our comments and recommended conditions.

Llanrhidian Lower Community Council: The Council strongly object to the above planning application on two grounds. They feel that 14 houses at one spot would ruin the approach to the lovely village of Llanrhidian. Secondly several of these houses would be near the main road and not in line with the existing houses and would look totally out of character of the locality.

Page 74 Highways: Amended Plans

Amended details now indicate the development of 14 dwelling and the addition of a footway along the site frontage. The additional dwellings will not alter previous conclusions on the acceptability of the development and the introduction of the footway will increase safety along the frontage.

In light of the amended scheme therefore I recommend as follows;

No highway objection subject to the following;

1. All access works shall be completed in accordance with details to be submitted and approved prior to occupation of any dwellings within the site.

2. No house shall be occupied until the indicated footway along the site frontage is completed in accordance with details to be submitted and approved.

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

Education: As at January 2011 Llanrhidian has a surplus of 7 places and Gowerton Comprehensive has a surplus capacity of 72 places. There is also surplus capacity within the Welsh medium schools.

Secondary:

Although Gowerton Comprehensive has surplus capacity there are a number of temporary demountable buildings on site that no longer fit for purpose and should be replaced. However it is recognised that with such a small development the Capital costs for replacing these buildings could not be justified.

Primary:

The development will generate 4.34 Primary pupils and currently there is very little surplus capacity within the feeder Primary school ( 7 places ) Furthermore there is concern currently in respect a portal frame /steel profile sheet roof building on site that accommodates pupils for dining and extra curricular activities (see attached aerial photographs indicating the Primary site.

In summary, in order to accommodate any pupils from this development Llanrhidian Primary school will require a developer’s contribution for remodelling /refurbishment of current accommodation.

Therefore the request for a developer’s contribution to Education is: £29,259 plus inflation to address remodelling within the Primary School.

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Richard Lewis in view of the large volume of objections that have been raised.

Description

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Outline planning permission is sought for the construction of 14 dwellings at the site of the North Gower Hotel, Llanrhidian, Gower. All matters are reserved for further consideration, however an indicative layout including access arrangements and elevations have been submitted in support of the application. The site is a well established hotel which is situated in considerable grounds, within the settlement of Llanrhidian and the wider Gower AONB.

Main Issues

The main issues for consideration during the determination of this application relates to the principle of residential development at this location, the visual impact of the proposal upon the area and the wider Gower AONB, the impact of the proposal upon the residential amenities of the neighbouring occupiers, highway safety, affordable housing and community facilities, ecology of the site and drainage issues, having regard for National and Local Planning Policies. It is not considered that the provisions of the Human Rights Act raise any additional issues.

Principle of Development

The site is currently occupied by a large detached hotel, set within substantial grounds which is considered to fall within the named small settlement of Llanrhidian as identified within the Swansea Unitary Development Plan. Whilst it is regrettable to lose such a tourist facility, there are a number of community facilities within the area which can cater for both the needs of locals and tourists alike and furthermore there is no policy presumption against the demolition of the building. It is acknowledged that there will be a loss of employment, however, the redevelopment of the site will also create valuable employment into the area. As such Policy EV16 of the UDP in principle allows for appropriate residential development subject to compliance with a number of criteria.

Development will be required to be appropriate to its location and will only be approved where it meets the criteria set out in Policies EV1 and EV2. These policies seek to ensure that new developments not only follow set objectives of good design and quality but ensure that it is appropriate to its local context and does not have an adverse impact on the landscape and heritage of the area.

Given that the land falls within the settlement in land use terms it is acceptable in principle for infill residential development. However it is essential that any scheme should seek to respect the character and appearance of the area in terms of siting, scale, design and materials.

Affordable Housing

The site is located within a Small Village as specified under Policy EV16 of the Swansea UDP and as such Policies HC3 and HC17 of the Swansea UDP require housing development on sites for 10 or more dwellings or sites in excess of 0.4ha to include negotiations for the inclusion of affordable housing. The site is larger than 0.4ha and is for more than 10 dwellings and having consulted the Councils Housing Officer it is considered that it would be appropriate to incorporate four dwellings as affordable housing. The applicant has agreed to this number and should this application be successful it would form part of a Section 106 Legal Obligation.

Page 76 Education

Given the site is for more than 10 dwellings the Supplementary Planning Guidance document entitled Planning Obligations requires the LPA to require contributions for development such as this where it has been demonstrated that:

• There is potential to increase demand on local schools beyond their existing or planned capacity; and/or • Existing surplus capacity is of unsatisfactory standard and would require investment to make it suitable for children generated from the proposed development.

Having consulted the Councils Education Department it has been confirmed that as of January 2011 Llanrhidian Primary School has a surplus of 7 places and Gowerton Comprehensive has a surplus capacity of 72 places. Furthermore it has been confirmed that there is also surplus capacity within the Welsh medium schools.

Although Gowerton Comprehensive has surplus capacity there are a number of temporary demountable buildings on site that are no longer fit for purpose and should be replaced. However it is considered unreasonable for such a small development to replace these buildings and could not therefore be justified.

The development will generate approximately 4.34 Primary pupils and currently there is very little surplus capacity within the feeder Primary school (7 places). Furthermore there is concern currently in respect a portal frame /steel profile sheet roof building on site that accommodates pupils for dining and extra curricular activities.

In order to accommodate any pupils from this development Llanrhidian Primary school will require a developer’s contribution for remodelling /refurbishment of current accommodation. Therefore a request for a developer’s contribution to Education of £29,259 plus was made and agreed by the developer in order to address remodelling within the Primary School.

Visual Amenity and Character of the Area

The proposal will involve the demolition of the large detached building and redevelopment of the large hard surfaced car park and its replacement with 10 detached and two pairs of semi detached dwellings. The site is considered to be of a sufficient size to accommodate the indicative layout and each plot will have a sufficient level of private amenity space, in line with Council guidelines.

The area is characterised by a mixture of large detached single storey and two- storey detached dwellings and semi detached dwellings which vary in different ages, styles and designs. It is not considered that the re-development of this area behind the established building line is unacceptable in visual terms and there are a number of smaller cul-de-sac developments within Llanrhidian which are situated behind the established building line and are of a similar pattern of development to the proposal. Whilst these properties are undoubtedly older, the proposed pattern of development is similar to the development approved opposite at Long Acre (Ref: 2004/1673).

The levels of the site rise marginally in a southerly direction and the scale parameters indicate that the proposed dwellings will have a maximum ridge height of

Page 77 some 8.5m and whilst the existing hotel is imposing upon the landscape the cumulative impact of fourteen dwellings would have a greater visual impact upon the wider landscape. Given all matters are reserved for further consideration the visual impact of the proposal can be further controlled at reserved matters stage. However, it is considered that the indicative layout proposed would have an appropriate density for this area, whilst making efficient use of previously developed land.

The site is located within the Gower AONB, however the indicative elevations which are of Gower vernacular indicate that a scheme could be of a high standard and subject to a condition requiring the submission of quality traditional samples the indicative dwellings could be in keeping with the character and appearance of the area and the wider Gower AONB. As such it is not considered that the redevelopment of this site would have a significantly harmful impact upon the wider AONB such that a recommendation of refusal could be justified.

There is no prevailing characteristic or dominant house type to suggest a specific architectural response on this site, however given its location regard must be had for the residential amenities of the neighbouring occupiers and the detailed design of the dwellings can be further explored at reserved matters stage.

With regard the proposed garages, these will bear the closest relationship to the proposed dwellings and they appear proportionate to the size and scale of the proposed dwellings and as such are considered acceptable in principle. Again detailed issues relating to the garages can be explored further at reserved matters stage.

In view of the above, it is considered that the proposal would respect the visual amenities of the area in compliance with Policies EV1, EV2, EV16 and EV26 of the Swansea UDP.

Residential Amenity

Turning to residential amenities, it is considered that the siting of the dwellings in relation to the boundaries of the neighbouring properties and the distance from the neighbouring dwellings themselves would not give rise to unacceptable overbearing or overshadowing impacts which could warrant the refusal of this application. The indicative drawings indicate that the dwellings are sited a sufficient distance from the boundaries of the neighbouring dwellings and demonstrate that the re-development of the site in this manner can occur without giving rise to an unacceptable impact upon the residential amenities of the neighbours. Furthermore issues relating to residential amenity would be addressed further at reserved matters stage. The development will therefore comply with Policies EV1 and EV16 of the Swansea Unitary Development Plan, it is considered.

Highways

Having consulted the Head of Transportation it is acknowledged that the amended details now indicate the development of 14 dwellings and the addition of a footway along the site frontage. The additional dwellings will not alter previous conclusions on the acceptability of the development and the introduction of the footway will increase safety along the frontage.

In light of the amended scheme there are no objections subject to conditions.

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Drainage

In terms of drainage the applicant has indicated that surface water from the existing building can be diverted to a soakaway, thus removing capacity from the main sewer. The site is located within the drainage catchment area that drains to the Loughor Estuary and Burry Inlet which forms part of the Carmarthen Bay and Estuaries European Marine Site (CBEEMS). The City and County of Swansea , as the competent authority , is required to carry out a Test of Likely Significant Effect (Habitat Regulation Assessment) of the proposal under the Conservation of Habitats and Species Regulations 2010. The TLSE is intended to assess the likely effect of the drainage proposals of this development on the integrity of the CBEEMS both alone and in combination with other developments in the same catchment area.

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

Ecology

A protected species survey has been submitted and following consideration of the report with the Councils Ecologist and the Countryside Council for Wales it is noted that no evidence of bat use of the building was found by the surveyors, so an informative statement will be sufficient for the determination of this application. Concern has been raised with regard to the loss of a tree, however the tree is not protected and therefore can raise no objection to its removal. In terms of the hedgerow around the site, given that all landscaping matters would be picked up at reserved matters stage this matter would be considered further at that stage.

Response to Consultations

Notwithstanding the above, 22 individual letters of objection were received raising concerns relating to the loss of residential amenity, drainage and sewerage implications, principle of demolition and proposed development, intensification, loss of employment, highway safety, traffic, visual impact upon Gower AONB, pattern of development, scale and density overdevelopment, ecology, impact upon character of the area, loss of trees, impact upon habitats, affordable housing, loss of jobs and school capacity. The issues pertaining to which have been addressed above.

Concern has been raised regarding precedent, the existing hotel being poorly run, the loss of a view and refuse problems, pets attacking livestock however these are

Page 79 not material planning considerations and as such were not taken into consideration during the determination of this application.

Conclusion

In conclusion it is considered that subject to conditions the indicative information has successfully demonstrated that a residential scheme for the re-development of this site could be compatible with the character, appearance and layout of the surrounding area, the residential amenities of the neighbouring properties, highway safety, the ecology of the site and drainage. Therefore it is considered that the proposal complies with the principles of Policies EV1, EV2, EV3, EV33, EV35, EV16, EV26, HC3 and HC17 of the Swansea UDP and Approval is recommended.

RECOMMENDATION

APPROVE, subject to the following conditions and to the developer entering into a Section 106 Obligation in respect of the provision of 4 affordable dwellings and the commuted sum of £29,259 to facilitate the upgrade in facilities at Llanrhidian Primary School:

1 Approval of the details of the layout, scale and appearance of the building(s) and the means of access thereto and the landscaping of the site shall be obtained from the Local Planning Authority in writing before any development is commenced. Reason: To ensure that the development is carried out in an orderly and satisfactory manner.

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

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

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

5 No development shall commence until the developer has prepared a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water and land drainage will be dealt with and this has been approved in writing by the Local Planning Authority. This scheme shall include details of a

Page 80 sustainable drainage system (SUDS) for surface water drainage, including details of the soakaway proposals for the proposed dwelling, confirming that it is adequate in size, is not located within 10m of any watercourse/ditch and has sufficient permeability in accordance with BS 6297; and the agreed scheme shall be implemented prior to the construction of any impermeable surfaces draining to the system, unless otherwise agreed in writing by the Local Planning Authority. The drainage scheme shall be retained and maintained as approved unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that a satisfactory comprehensive means of drainage is achieved and that no adverse impact occurs to the environment or the existing public sewerage system and to minimise surface water run-off.

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

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

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

Page 81 Reason: In the interests of sustainability.

11 All access works shall be completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority prior to the occupation of any dwellings within the site. Reason: In the interest of highway safety.

12 No house shall be occupied until the indicated footway along the site frontage has been completed 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 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.

INFORMATIVES

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

3 Foul water and surface water discharges shall be drained separately from the site. 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. Land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system. If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water's Network Development Consultants on 01443 331155.

4 Bats may be present. All British bat species are protected under Schedule 5 of the Wildlife & Countryside Act 1981 (as amended) and are listed in Schedule 2 of the Conservation of Habitats and Species Regulations 2010. This legislation implements the EC Habitats & Species Directive in the UK making it an offence to capture, kill or disturb a European Protected Species or to damage or destroy the breeding site or resting place of such an animal. It is also an offence to recklessly / intentionally to disturb such an animal. If evidence of bats is encountered during site clearance, work should cease immediately and the advice of the Countryside Council for Wales sought before continuing with any work (01792 634960).

5 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:

Page 82 - 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

SG.02 house type A, SG.02 house type B, SG.03 house type C, received 16th June 2010. Amended plans: site location plan, SG.01- block plan received 27th April 2011 and design and access statement dated 5th September 2011.

Page 83 AREA 2 DEVELOPMENT CONTROL COMMITTEE (37)

Councillors

Labour Councillors: 25 June E Burtonshaw Andrew J Jones Mark C Child David J Lewis Uta C Clay Paul Lloyd David W Cole Geraint Owens Ann M Cook Jennifer A Raynor Sybil E Crouch J Christine Richards Jan P Curtice William Evans Robert V Smith Robert Francis-Davies Mitchell Theaker Fiona M Gordon Gloria J Tanner Terry J Hennegan Des W W Thomas Beverley Hopkins Mark Thomas Yvonne V Jardine Lesley V Walton

Liberal Democrat Councillors: 6 Jeff W Jones Cheryl L Philpott Richard D Lewis T Huw Rees John Newbury R June Stanton

Independent Councillors: 4 E Wendy Fitzgerald Susan M Jones Lynda James Keith E Marsh

Conservative Councillors: 2 Anthony C S Colburn C Miles R W D Thomas

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