Mewn Perthynas Â Cheisiadau Y Mae Gan Y Cyngor Ddiddordeb Ynddynt

ADRODDIAD PENNAETH CYNLLUNIO, CYFARWYDDIAETH YR AMGYLCHEDD

REPORT OF THE HEAD OF PLANNING, DIRECTORATE OF ENVIRONMENT

AR GYFER PWYLLGOR CYNLLUNIO CYNGOR SIR CAERFYRDDIN/

TO CARMARTHENSHIRE COUNTY COUNCIL’S PLANNING COMMITTEE

AR 30 AWST 2016 ON 30 AUGUST 2016

I’W BENDERFYNU/ FOR DECISION

Mewn perthynas â cheisiadau y mae gan y Cyngor ddiddordeb ynddynt un ai fel ymgeisydd/asiant neu fel perchennog tir neu eiddo, atgoffir yr Aelodau fod yn rhaid iddynt anwybyddu’r agwedd hon, gan ystyried ceisiadau o’r fath a phenderfynu yn eu cylch ar sail rhinweddau’r ceisiadau cynllunio yn unig. Ni ddylid ystyried swyddogaeth y Cyngor fel perchennog tir, na materion cysylltiedig, wrth benderfynu ynghylch ceisiadau cynllunio o’r fath.

In relation to those applications which are identified as one in which the Council has an interest either as applicant/agent or in terms of land or property ownership, Members are reminded that they must set aside this aspect, and confine their consideration and determination of such applications exclusively to the merits of the planning issues arising. The Council’s land owning function, or other interests in the matter, must not be taken into account when determining such planning applications.

COMMITTEE: PLANNING COMMITTEE

DATE: 30 AUGUST 2016

REPORT OF: HEAD OF PLANNING

I N D E X - A R E A W E S T

REF. APPLICATIONS RECOMMENDED FOR APPROVAL PAGE NOS

W/33982 Conversion of existing five bedroom dwelling house to 59-66 a care home to cater for 6 persons who need assistance with daily living and alterations to access and parking at Danybryn, Alltycnap Road, Johnstown, Carmarthen, SA31 3QY

W/34155 Proposed single storey extension to the side of the 67-72 existing dwelling. at 136 Heol y Meinciau, Pontyates, Llanelli, Carmarthenshire, SA15 5SE

REF. APPLICATIONS RECOMMENDED FOR REFUSAL PAGE NOS

W/34079 Proposed change of use from agricultural building to 74-78 dwelling at Parc yr Odyn, Hebron, Whitland, SA34 0XT

REF. ADDITIONAL ITEMS FOR DECISION PAGE NOS

W/29312 Proposed road and plot layout and detached property 80-86 at Plot 4 on land to north of Peterwell, Old St Clears Road, Johnstown, Carmarthen

APPLICATIONS RECOMMENDED FOR APPROVAL

Application No W/33982

Application Type Full Planning

Proposal & CONVERSION OF EXISTING 5 BEDROOM DWELLING HOUSE Location TO A CARE HOME TO CATER FOR 6 PERSONS WHO NEED ASSISTANCE WITH DAILY LIVING AND ALTERATIONS TO ACCESS AND PARKING AT DANYBRYN, ALLTYCNAP ROAD, JOHNSTOWN, CARMARTHEN, SA31 3QY

Applicant(s) TRACS CARE LTD - JONOTHAN HUGHES, COPPER COURT, PHEONIX WAY, LLANSAMLET, SWANSEA, SA7 9EH

Agent DP ARCHITECTURE LTD - DAVID PAYNTER, 56 WALTER ROAD, SWANSEA, WEST GLAMORGAN, SA1 5PY

Case Officer Stuart Willis

Ward Carmarthen South

Date of validation 21/06/2016

CONSULTATIONS

Head of Transport – Has, following the submission of amended plans, requested the imposition of a number of conditions on any approval.

Carmarthen Town Council – Have stated they have no objection to the proposal.

Local Member - County Councillor A Lenny is Chair of the Planning Committee and has not commented to date. County Councillor J Thomas has also not commented to date.

Dwr Cymru/Welsh Water – Have stated they have no comments to make.

Neighbours/Public - The application has been publicised by the posting of Site Notices with 7 letters of objection received to date. The following issues have been raised:-

 Overlooking and loss of privacy;  Access not within the applicants ownership;  Fuel tanks and industrial estate to the rear of the site and potential issues for residents;  Not an appropriate location for the occupants due to nearby uses, traffic and noise;  Lack of pavements;  Other more suitable properties available;  Poor visibility;  Poor/unsuitable access, particularly for emergency vehicles;  On street/road parking;  Increased traffic generation;  Existing traffic issues;  Disturbance from traffic;  Query whether property is to be altered/extended;  Not suitable location for commercial property;  Concern rear of the site would be developed for large residential home;  Lack of boundary wall meaning potential for intruders;  Damage to boundary walls from vehicles.

RELEVANT PLANNING HISTORY

The following previous applications have been received on the application site:-

D4/23636 Certificate of Lawfulness for use of land and premises as a builders yard Lawful Development – CLOPUD refused 11 August 1993

D4/21930 Small builders yard Full planning permission 25 February 1992

D4/11408 Extension to existing dwelling Full planning permission 29 March 1983

D4/5763 Erection of shed to replace existing outbuildings Approved with conditions 04 June 1979

APPRAISAL

THE SITE

The application site is currently a five bedroom detached residential property located off the northern western flank of Alltycnap Road, Johnstown. The site is located within the development limits of the settlement. Both sides of the application site there are residential properties and the Cillefwr Industrial Estate is located to the northwest. Their dwelling is set in a large curtilage with the land falling from the road to the northwest. The rear of the property is over three floors with the front being of two storey appearance. There is an existing driveway access located to the north eastern side of the dwelling and a garage. The access leads down to parking and turning areas to the rear of the property. There is also a detached workshop/garage located at the northern western end of the curtilage.

THE PROPOSAL

The application seeks full planning permission for change of use of the property to a care home, an extension to the property and a new access. The application states that the property would be used as a care home for six persons who need assistance with daily living.

The application indicates that there would be 24 hour care provided at the property with three staff at the home during the day and one during the night.

The plans show a total of six bedrooms for permanent residents. One is at ground floor level and five at first floor level. Each bedroom would have en-suite facilities. There is also a staff bedroom at ground floor level. A shared lounge and kitchen is also shown at ground floor level along with an office. A lobby, laundry room, WC and meeting room are shown at the lower ground level.

The proposal includes an extension at ground floor level providing a covered porch leading down to the lower ground floor laundry room. The porch would be glazed.

It is also proposed to close up the existing garage and replace this with a window and alterations to the garage roof to increase the height.

The proposal has been amended following concerns from the Head of Transport. The proposal is now to close off the existing access to the eastern side of the dwelling and create a new access on the other side. This new access would have improved visibility. There is a parking and turning area shown to the rear of the building to accommodate up to 8 cars.

The application is for a care home and the type of care provided is not something that would be confirmed as part of the application, simply that it would be within the C2 use class. The applicants have provided some background information on the intended use of the property as follows:-

 It is intended that the new home at Danybryn will provide social care support to adults with a range of needs. The home will focus on improving people’s level of functioning so that they are able to live independently.

 This will be achieved by supporting people’s daily living skills e.g., cooking, budgeting, gardening, and maintaining a healthy lifestyle.

 The residents supported at Danybryn will generally be local people who will likely have been in hospital due to mental ill health such as depression, anxiety or other illness but are now well, but need some support to regain skills or confidence to progress into their local community as part of their recovery. The new home will provide skilled support to enable them to achieve this.

 Tracscare pride themselves in being part of the community and where possible will become involved in local community projects.

 It is intended that the home will be positive addition to the local community with a well- maintained property and garden with a pleasant external appearance to enhance the local street scene.

 Tracscare have for many years been running two very similar homes in the Carmarthen area, one in Johnstown and one in Bronwydd. In both these areas they have endeavoured and succeeded in become part of those communities, and they have appreciated the acceptance and support of the communities, local to these homes. There are several positive stories regarding individuals from these homes who have progressed to live independently in the Carmarthen area.

 Tracscare will recruit and provide skill development training to local people.

PLANNING POLICY

In the context of the current development control policy framework the site is located outside the defined development limits as contained in the adopted Carmarthenshire Local Development Plan Adopted December 2014.

Policy GP1 of the Local Development Plan (LDP) sets out the general requirements of the Local Planning Authority to ensure sustainability and high quality design through new development. In particular, that “it conforms with and enhances the character and appearance of the site, building or area in terms of siting, appearance, scale, height, massing, elevation treatment, and detailing”, “it would not have a significant impact on the amenity of adjacent land uses, properties, residents or the community” and “an appropriate access exists or can be provided which does not give rise to any parking or highway safety concerns on the site or within the locality”

Policy H6 Residential Care Facilities states that proposals for the development of residential care facilities and extensions to existing facilities within the Development Limits of a defined settlement (Policy SP3) will be permitted where it has safe and convenient access to community facilities and services. Further comments are also made in relation to new purpose built accommodation outside of development limits.

Policy TR3 Highways in Developments - Design Considerations outlines a number of matters to be considered included suitable access and parking and to ensure highway safety is not adversely affected for users of the roads/streets.

THIRD PARTY REPRESENTATIONS

Turning to the representations received to date.

Comments have been made relating to overlooking and loss of privacy from the property. It should be noted that there are no new first floor windows proposed. The extension proposed is at ground floor leading to the lower ground floor. The property has a large garden area, larger than many in the area. The windows that would overlook at adjacent properties are existing ones. The proposal is for a care home for six people and one member of staff. The existing property is a five bedroom dwelling and could therefore be occupied by a similar, or greater, number of people without planning permission. There is a potential for increased traffic movements from the site with staff coming to an leaving the site however due to the separation between properties and the sizeable amenity space it is not felt the anticipated increase would cause significant harm to the occupants of nearby properties. Further comments are made below in relation to the highways considerations but the newly proposed access would move the traffic further from the adjacent property to the north east and still keeps sufficient separation from the property to the south east. Overall it is not considered that any impacts on amenity would be sufficient to warrant refusal of the application.

The ownership of the access and adjacent wall was questioned however the applicants have responded stating that they feel notice has been served on the correct parties based on the application site.

The location of the site and its suitability for a care home has been questioned in relation to a number of factors. These include the industrial uses to the rear of the site, traffic and noise. A lack of pavements has also been referred to. In terms of the nearby uses there is a large amenity space for the property and workshop building at the northern end. It is felt this creates sufficient separation from the industrial uses. The industrial/commercial uses currently border the residential properties along the road. The nature of the proposed use is residential, as is the current use. Therefore while some care will be provided on site it is not felt that the change raises any significant concern over the relationship between the residential and other uses. In terms of noise and traffic generation the impacts would be similar with the proposed care home as they would be with the residential use. Further comments are made below in relation to traffic and some of the concern stems from existing traffic along Alltycnap Road. The site is located within development limits, in a row of residential properties. There may be some disturbance from noise and traffic however it is not felt this warrants refusal of the application. The matter of footways/pavements near the site has also been raised. There is no designated footway at the site or adjacent to it. It is likely that most journeys would be to the north east along Alltycnap Road towards Johnstown. Policy H6 does refer to sites for care homes having safe and convenient access to community facilities and services. There is a footpath for much of the way between the site and Johnstown. The initial 230m does not have a designated footway however after that there is a footway provided. While no formal footway in places there is a widened area across the front of the properties to the north east of the site. There is also a grass verge for much of the distance between the site and the formal footway. While access could be easier to the facilities, the site is within development limits and part of an existing residential row of properties.

Comment has been made that there are more suitable properties that could be used for the proposed development. There is no requirement for a sequential search to be carried out to justify the location of a care home. The application and the site are assessed on their own merits and whether this location is suitable or not.

A number of concerns were raised relating to highways considerations. These included poor visibility, an unsuitable access (including for emergency vehicles), traffic generation and parking. The existing access does have poor visibility, in particular to the south west,. This is mainly due to the garage and boundary walls at the front of the site. There are no planning conditions in relation to the access, the position of the gates or parking/turning facilities within the site for the current residential use. It is considered that the proposed use would generate additional traffic movements, although as stated above there is no restriction on the occupancy of the property as a dwelling. The existing access is not suitable and the development would intensify the use. As such following concerns raised by the Highways Officer the application was amended. The application now includes the provision of a new access on the opposite side of the road frontage. This is able to provide improved visibility and allows for the dimensions of the access, parking, turning and other matters to be controlled by planning condition, if the application is approved. The new access would therefore improve the current conditions. The proposal also includes a designated parking and turning area to the rear of the property. This has been located centrally behind the property and therefore reduces any impacts from vehicle movements on the occupants of the adjacent properties.

Mention has been made of traffic generation. While it is acknowledged this would increase with the proposed use, taking in to account the likely current levels of traffic along this road it is not considered the increase would be significant. Existing parking and traffic issues were referred to. However the proposal includes designated parking and improvements to access. It is not felt that with the changes to the scheme any highways impacts justify refusal of the application.

It was queried whether property is to be altered/extended. The plans show an extension to the property in the form of a covered porch at ground and lower ground floor level. The design and appearance of the extension and the other works, such as to the garage, are considered appropriate and do not harm the character of the area.

Concern was raised over potential future development of the site in to a larger residential home. The proposal as it stands is to convert the existing building and have 6 residents and one member of staff. Whether this is appropriate or not needs to be considered. If there were any future applications they would be assessed on their own merits against the relevant policies and considerations of that time.

A lack of boundary wall to one side was raised and concerns relating to intruders. This is the existing situation and a boundary treatment of up to 2m in height could be erected without planning permission. The application indicates that there are six residents and staff on site at all times of the day. The current situation is that the property is residential in use and the impacts from that would be similar in many ways.

Damage to boundary walls from vehicles was raised. This would not be a material consideration. It should also be noted that this appears to relate to parking and access issue at the current access. The access is to be relocated.

CONCLUSION

After careful consideration of the site and its surrounding environs in the context of this application, together with the representations received to date it is considered that on balance the proposal is acceptable in terms of scale and design, accords with policy and would not have any adverse impact on highway safety or cause demonstrable harm to the amenity of adjacent residents. The application site is located within the defined settlement limits of Johnstown and is as delineated by the Carmarthenshire LDP.

As such the application is put forward with a recommendation of approval subject to the following conditions.

RECOMMENDATION – APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development shall be carried out in accordance with the following approved plans and documents:-

 1:100 scale Proposed Section (16.01/06) received on 4th August 2016;  1:200 scale Proposed Block Plan (16-001/05f) received on 4th August 2016;  1:50 scale Proposed Floor Plans (16-001/0D) received on 10th June 2016;  1:50 scale Proposed Elevations (16-001/04D) received on 10th June 2016;  1:1250 and 1:50 scale Existing Location, Ground Floor Plans received on 10th June 2016.

3 Prior to its use by vehicular traffic, the new access road shall be laid out and constructed in accordance with the 1:200 scale Proposed Block Plan received on 4th August 2016 and have 6.0 metre kerbed radii at the junction with the Alltycnap Road.

4 Any access gates shall be set back a minimum distance of 5.0 metres from the highway boundary, and shall open inwards into the site only.

5 The private access shall be hard surfaced for a minimum distance of 5.0 metres behind the highway boundary, in materials which shall be subject to the prior written approval of the Local Planning Authority. The hard surfacing shall be fully carried out prior to any part of the development approved herewith being brought into use.

6 Prior to the commencement of the development details of the means of how the existing vehicular access into the site is be permanently stopped up and the public highway reinstated shall be submitted to and agreed in writing by the Local Planning Authority. The existing access shall be permanently stopped up in accordance with the agreed details within 2 weeks of the new means of vehicular access herein approved, being brought into use.

7 There shall at no time be any growth or obstruction to visibility over 0.9 metres above the adjacent carriageway crown, over the site's whole Alltycnap Road frontage within 2.4 metres of the near edge of the highway.

8 The parking spaces and layout shown on the plans herewith approved shall be provided prior to any use of the development herewith approved. Thereafter, they shall be retained, unobstructed, for the purpose of parking only.

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2 In the interest of clarity as to the extent of the permission.

3-8 In the interest of highway safety.

REASONS FOR GRANTING PLANNING PERMISSION

The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise.

 It is considered that the proposed development complies with GP1, H6 and TR3 of the adopted Local Development Plan, 2014 (LDP) in that the development does not adversely affect the character of the area and is of an appropriate design and scale. The proposal is not considered to give rise to any significant adverse impacts on amenity of adjacent premises or properties. The proposal is for a small scale care facility located within development limits in an appropriate location. There is sufficient parking provision at the site and would bring about improvements to the access arrangements at the site.

NOTE(S)

1 Please note that this consent is specific to the plans and particulars approved as part of the application. Any departure from the approved plans will constitute unauthorised development and may be liable to enforcement action. You (or any subsequent developer) should advise the Council of any actual or proposed variations from the approved plans immediately so that you can be advised how to best resolve the matter.

In addition, any conditions which the Council has imposed on this consent will be listed above and should be read carefully. It is your (or any subsequent developers') responsibility to ensure that the terms of all Conditions are met in full at the appropriate time (as outlined in the specific condition).

The commencement of development without firstly meeting in full the terms of any conditions which require the submission of details prior to the commencement of development will constitute unauthorised development. This will necessitate the submission of a further application to retain the unauthorised development and may render you liable to formal enforcement action.

Failure on the part of the developer to observe the requirements of any other conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice.

2 Comments and guidance received from consultees relating to this application, including any other permissions or consents required, is available on the Authority’s website (www.carmarthenshire.gov.uk).

Application No W/34155

Application Type Full Planning

Proposal & PROPOSED SINGLE STOREY EXTENSION TO THE SIDE OF Location THE EXISTING DWELLING AT 136 HEOL Y MEINCIAU, PONTYATES, LLANELLI, CARMARTHENSHIRE, SA15 5SE

Applicant(s) AMANDA EVANS, 136 HEOL Y MEINCIAU, PONTYATES, LLANELLI, SA15 5SE

Case Officer Richard Jones

Ward Llangyndeyrn

Date of validation 20/07/2016

CONSULTATIONS

Llangyndeyrn Community Council – Did not to raise any comments.

Local Members - County Councillor W. Tyssul Evans is a member of the Planning Committee and therefore has made no prior comment.

Dwr Cymru / Welsh Water – Has responded and no adverse comments raised.

Neighbours/Public - The application has been publicised by the posting of a Site Notice. The consultation period as stated on the site notice expires on 2nd September 2016. To date no third party representations have been received.

RELEVANT PLANNING HISTORY

The following previous application has been received on the application site:-

W/05532 Rear kitchen, bathroom, dining room extension and garage Full planning permission 14 January 2004

APPRAISAL

This application is being reported to the Planning Committee as it has been submitted by an employee working within the Council’s Planning Services Division.

THE SITE

The application site comprises a semi-detached bungalow on Heol Y Meinciau located within the settlement limits of Pontyates as defined by the adopted Local Development Plan. The dwelling is set back from the road by approximately 7m and is situated within a plot measuring approximately 15m in width by 45m in length.

The sloping nature of the road means that the neighbouring two storey semi-detached dwelling to the immediate north of the site is approximately 1 m higher in terms of ground level. The partner semi-detached bungalow adjoining the application dwelling is on roughly the same land level albeit raised above the level of the road.

THE PROPOSAL

Planning permission is sought for a single storey side extension. It will be set back from the front elevation of the dwelling approximately 1m and stepped down from the roofline by approximately 0.3m. The extension will extend approximately 3.5m from the side wall of the dwelling into the existing side drive area and have a length of approximately 11.08m. The extension will have a part pitch, part flat roof construction with the pitch element facing the road and rising to 3.6m in height, whilst the flat roof will measure 3m in height. The extension will provide a further two bedrooms of accommodation for the dwelling.

PLANNING POLICY

In the context of the current development control policy framework the site is located within the defined development limits for Pontyates as contained in the adopted Carmarthenshire Local Development Plan Adopted December 2014.

Policy GP1 of the Local Development Plan (LDP) sets out the general requirements of the Local Planning Authority to ensure sustainability and high quality design through new development. In particular, that “it conforms with and enhances the character and appearance of the site, building or area in terms of siting, appearance, scale, height, massing, elevation treatment, and detailing” and “it protects and enhances the landscape, townscape, historic and cultural heritage of the County and there are no adverse effects on the setting or integrity of the historic environment”.

Policy GP6 of the Local Development Plan (LDP) states that proposals for extensions to existing residential dwellings must: be of a subordinate scale and compatible to the size, type and character of the dwelling and not result in overdevelopment of the site, nor lead to reduced and inadequate areas of parking, utility, vehicle turning, amenity or garden space; the external appearance of the proposed extension in terms of design is subordinate, and the materials should compliment that of the existing dwelling; there are no adverse effects on the natural environment and townscape; the local environment and the amenities of neighbouring developments are not adversely affected by the proposed extension and that the use of the proposed extension is compatible with the existing building, structure or land use.

Good design is encouraged at all levels and national policy contained in Planning Policy Wales Edition 7 – July 2014 provides the following guidance.

Paragraph 4.11.1 states: “Design is taken to mean the relationship between all elements of the natural and built environment. To create sustainable development, design must go beyond aesthetics and include the social, environmental and economic aspects of the development, including its construction, operation and management, and its relationship to its surroundings“.

Paragraph 4.11.2 states “Good design can protect and enhance environmental quality, consider the impact of climate change on generations to come, help to attract business and investment, promote social inclusion and improve the quality of life. Meeting the objectives of good design should be the aim of all those involved in the development process and applied to all development proposals, at all scales, from the construction or alteration of individual buildings to larger development proposals. These objectives can be categorised into five key aspects of good design”.

4.11.3 The design principles and concepts that have been applied to these aspects should be reflected in the content of any design and access statement required to accompany certain applications for planning permission and listed building consent which are material considerations.

4.11.4 Good design is also inclusive design. The principles of inclusive design are that it places people at the heart of the design process, acknowledges diversity and difference, offers choice where a single design solution cannot accommodate all users, provides for flexibility in use, and provides buildings and environments that are convenient and enjoyable to use for everyone (see Section 3.4).

4.11.8 Good design is essential to ensure that areas, particularly those where higher density development takes place, offer high environmental quality, including open and green spaces. Landscape considerations are an integral part of the design process and can make a positive contribution to environmental protection and improvement, for example to biodiversity, climate protection, air quality and the protection of water resources.

4.11.9 The visual appearance of proposed development, its scale and its relationship to its surroundings and context are material planning considerations. Local planning authorities should reject poor building and contextual designs. However, they should not attempt to impose a particular architectural taste or style arbitrarily and should avoid inhibiting opportunities for innovative design solutions.

Paragraph 2.2 of Technical Advice Note 12 Design (2014) states:

2.2 The Welsh Government is strongly committed to achieving the delivery of good design in the built and natural environment which is fit for purpose and delivers environmental sustainability, economic development and social inclusion, at every scale throughout Wales - from householder extensions to new mixed use communities.

Paragraph 2.6 & 2.7 of Technical Advice Note 12 Design (2014) states:

2.6 Design which is inappropriate in its context, or which fails to grasp opportunities to enhance the character, quality and function of an area, should not be accepted, as these have detrimental effects on existing communities.

2.7 A holistic approach to design requires a shift in emphasis away from total reliance on prescriptive standards, which can have the effect of stifling innovation and creativity. Instead, everyone involved in the design process should focus from the outset on meeting a series of objectives of good design (Figure 1). The design response will need to ensure that these are achieved, whilst responding to local context, through the lifetime of the development (from procurement to construction through to completion and eventual use). This analysis and the vision for a scheme should be presented in the design and access statement where one is required.

ASSESSMENT

The design of the proposed extension is consistent with the main bungalow whilst being respectful in terms of scale by being set down and back from the ridge line and front elevation respectively. The surrounding area comprises a mix of housing styles and scales, therefore the proposal is consistent with this and does not harm the character of the area.

The proposal will displace an area which is currently used for the parking of vehicles, however, there is still space available for the off street parking of two vehicles in front of the proposed extension.

In terms of the impact of the extension upon the amenities of neighbouring dwellings, it will maintain a distance of approximately 1m from the boundary with No.138 Heol y Meinciau to the north and sited at a lower land level (approximately 1m). The side elevation of No.138 will maintain a distance of approximately 7.5m from the proposed extension. There are no windows in the extension that would overlook No.138, whilst the lower positioning of the extension and separation distance will ensure no unacceptable physical impact is caused by the proposal on the amenities of these neighbours.

The neighbouring semi-detached bungalow which the application dwelling adjoins will not be affected by the proposal as it will be wholly screened by the host dwelling.

THIRD PARTY REPRESENTATIONS

To date no representations have been received from neighbouring occupiers following the display of a site notice adjacent to the site. Notwithstanding this the consultation period is still ongoing, expiring on 2nd September 2016. The Head of Planning therefore requests that if member’s are minded to approve this application, delegated authority is given to issue the decision following the expiry of the consultation period and providing no material planning issues being submitted.

CONCLUSION

After careful consideration of the site and surrounding environs, the proposed extension is acceptable in that it is consistent with the character and scale of the main dwelling as well as being subordinate. It will also ensure the amenities of neighbouring occupiers are not significantly harmed.

As such the application is put forward with the recommendation of approval and that a decision is issued following the expiration of the consultation period, under the proviso that no new material planning considerations in the context of this application are received from third parties.

RECOMMENDATION – APPROVAL

CONDITIONS

1 The development hereby permitted shall be commenced before the expiration of five years from the date of this permission.

2 The development shall be carried out in accordance with the following approved plans and documents:

 Block and Location Plan 1:500, 1:1250 @ A3 [GA/01];  Existing Site Plan 1:200 @A3 [SK2];  Existing floor plan and elevations 1:100 @A3 [GA/03];  Proposed Section 1:25 @A3 [GA/04];  Proposed Floor Plan 1:75 @A3 [GA/05];  Proposed Elevations 1:75 @A3 [GA/06].

REASONS

1 Required to be imposed pursuant to Section 91 of the Town and Country Planning Act 1990.

2 In the interest of clarity as to the extent of the permission.

REASONS FOR GRANTING PLANNING PERMISSION

The decision to grant planning permission has been taken in accordance with Section 38 of the Planning and Compulsory Purchase Act 2004, which requires that, in determining a planning application the determination must be in accordance with the Development Plan unless material considerations indicate otherwise.

 It is considered that the proposed development complies with Policy GP1 and GP6 of the Carmarthenshire Local Development Plan, 2014 (LDP) in that the proposed side extension is not detrimental to the amenity of nearby properties. It is in character with the existing building/surrounding area and subordinate in terms of scale. The proposal will not lead to inadequate parking or amenity space.

NOTE(S)

In addition, any Conditions which the Council has imposed on this consent will be listed above and should be read carefully. It is your (or any subsequent developers') responsibility to ensure that the terms of all Conditions are met in full at the appropriate time (as outlined in the specific condition).

The commencement of development without firstly meeting in full the terms of any Conditions which require the submission of details prior to the commencement of development will constitute unauthorised development. This will necessitate the submission of a further application to retain the unauthorised development and may render you liable to formal enforcement action.

Failure on the part of the developer to observe the requirements of any other Conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice.

APPLICATIONS RECOMMENDED FOR REFUSAL

Application No W/34079

Application Type Full Planning

Proposal & PROPOSED CHANGE OF USE FROM AGRICULTURAL Location BUILDING TO DWELLING AT PARC YR ODYN, HEBRON, WHITLAND, SA34 0XT

Applicant(s) M WATKINS, HAFOD FARM, HEBRON, SA34 0AN

Agent GERALD BLAIN LTD - MR GERALD BLAIN, TEGFRYN TAF, SPRING GARDENS, WHITLAND, SA34 0HP

Case Officer Helen Rice

Ward Llanboidy

Date of validation 07/07/2016

CONSULTATIONS

Head of Transport – No objections subject to the imposition of conditions to secure a visibility splay of 2m by 33m and the provision of adequate parking and turning layout.

Llanboidy Community Council – No response to date.

Local Member – County Councillor Roy Llewelyn has called in the application on grounds that the proposal should be looked upon favourably under Policy AH3 in providing a home for local people.

Natural Resources Wales - No objections.

Third Parties – The application was the subject of notification by way of a site notice. One letter in support was received outlining that the application was appropriate to allow a local family to reside in the area and to further develop the existing small holding.

RELEVANT PLANNING HISTORY

W/10991 Temporary permission for five years for three polytunnels plus construction of general purpose agricultural building plus retention of access as built Full planning permission 20 February 2006

W/09956 Retention of mushroom & general purpose shed and pigsty on a permanent basis. Construction of tractor shed & barn. Temporary permission for 3 polytunnels for 5 years Withdrawn 26 July 2005

W/08023 Permanent retention of buildings Withdrawn. 17 January 2005

TM/00510 Organic horticultural veg & fruit production unit Full planning permission 16 April 2002

D4/17265 Siting of a bungalow and garage Refusal 17 February 1989

D4/14740 Siting of a bungalow and garage Refusal 31 July 1987

D4/26365 Smallholding comprising hay barn tractor shed stables potting shed storeroom and chicken house Full planning permission 10 October 1996

APPRAISAL

This application is being reported to the Planning Committee following a call-in request by County Councillor Roy Llewelyn. Planning permission is being sought for the conversion of an existing steel portal framed building into a residential dwelling.

THE SITE

The application site lies in a countryside location to the south west of the village of Hebron and north west of the village of Llanglydwen. Located within a small cluster of 5 dwellings including a farm, the site comprises a small horticultural holding with an access from the classified C3122 road which forms its northern boundary. The eastern and southern boundaries are defined by existing hedgerows and vegetation with agricultural fields beyond with its western boundary defined by existing trees and hedgerows with the neighbouring property known as Barrow beyond. The wider application site is used as a private garden area by the applicants who are understood to be currently residing in a caravan on the neighbouring farm. The steel portal framed building that is the subject of this application is currently being used for the storage of implements and machinery in associated with the wider garden use of the holding and was granted planning permission under W/10991 on 20 February 2006.

THE PROPOSAL

The submitted proposals seeks planning permission for the conversion of the steel portal framed building into a residential dwelling for the applicants. Plans submitted with the application indicates that the corrugated sheeting would be taken off and the steel frame partly removed to enable the construction of an extension to create a single storey two bedroomed unit with an open plan living/kitchen/dining room along with an utility room and toilet. The walls would be finished in timber cladding with a profiled metal clad rood and wooden windows and doors. Access to the property would remain as existing with the formation of a formalised parking and turning area. An ecological report accompanying the application confirms that the building does not support any protected species at present, albeit there is potential for reptiles and/or amphibians under existing pallets and other materials in proximity and that these would need to be carefully removed to enable construction. The report also recommends that works to the building are carried out outside the bird nesting season (March to August).

The submitted accompanying planning supporting documents indicate that the applicants have lived in the area for circa 4 years having previously lived in the Rhymney Valleys and have become well-known in the locality with Mrs Watkins having set up a business, “Helping Hands” to look after elderly, disabled and vulnerable people within a 10 mile radius with Mr Watkins developing the garden and providing incidental assistance to local people. The application is supported by six letters from local residents outlining the applicants’ contribution to the local community and their desire to remain in the locality.

PLANNING POLICY

This application has been considered against relevant policies of the Carmarthenshire Local Development Plan (Adopted December 2014) (‘the LDP’) and other relevant Welsh Government Guidance. The application site lies outside a defined settlement and thus within the countryside as defined by the LDP. The following policies are of key relevance to the proposal:

Policy SP1 Sustainable Places and Spaces stipulates that proposals for development will be supported where they reflect sustainable development and design principles by concentrating developments within defined settlements, making efficient use of previously developed land, ensuring developments positively integrate with the community and reflect local character and distinctiveness whilst creating safe, attractive and accessible environments that promote active transport infrastructure

Policy H5 Adaptation and re-use of rural buildings for residential use sets out the circumstances whereby the conversion of a building in the rural countryside into a residential dwelling can be considered acceptable. The policy replicates the advice set out in National Guidance by stating that the conversion of such buildings to residential use should be the last resort and that all reasonable endeavours are first undertaken to establish an alternative economical/commercial use for the building as a means of maintaining such activities in the rural areas or that the building is converted into an affordable dwelling or is associated with a wider scheme for business re-use.

In cases whereby it is confirmed that there is no alternative use, residential use (including affordable housing) of rural buildings can be considered acceptable provided that the building is structurally sound and intact and that the conversion works can be carried out without extensive alteration, extension or re-construction and that the building demonstrates and retains sufficient quality of architectural features and traditional materials with no significant loss of the character and integrity of the original structure.

Of particular relevance to this application is the supporting text to the above policy which is supplemented by the adopted Supplementary Planning Guidance and specifies that “only those buildings which are of an appropriate architectural quality and which incorporate traditional materials” will be considered and that “proposals for buildings of a modern, utilitarian construction such as portal framed units, temporary structures or those which utilises materials such as concrete block work, metal or other sheet cladding finishes will not generally be considered appropriate for conversion”.

Policy AH3 Affordable Housing – Minor Settlement in the Open Countryside enables the erection of new dwellings within groups of dwellings without Development Limited provided that it is to meet a genuine identified local need which is defined as:

… residents (and their dependents) of the community and town council area or adjoining community and town council area. Present residents whose circumstances may relate to current substandard or unsatisfactory accommodation or where they are forming a new family or leaving the parental home for the first time will be considered as will those who make a significant contribution to the social, cultural and economic vitality of the community and town council area.

In addition the definition will apply to those persons with a long standing link with the community and town council area including a period of established residence within the last twenty years. Those persons who have a proven functional need to live close to their place of work or to a resident through an essential need arising from age or infirmity may also be deemed eligible for consideration.

Where applicants meet the above definition the proposals must be sensitively located and of a scale and size appropriate to the character of the area and compatible with an affordable dwelling with the initial affordability being retained for all subsequent occupants generally secured by way of a Legal Agreement.

Other Welsh Government Guidance of relevance include:

Planning Policy Wales (8th Edition) January 2016 Technical Advice Note 6 (TAN 6) – Planning for Sustainable Rural Communities (2010)

CONCLUSION

After careful consideration of the scheme as submitted it is considered that the proposal does not comply with the requirement of Policy H5 in that it represents the conversion of a modern utilitarian steel frame building that was only erected circa 10 years ago to be used in association with the horticultural holding. Given the amount of work required to the building, including the removal of all external cladding, various changes to the structural frame to enable the proposed extension, the proposal is tantamount to a new dwelling in the open countryside which conflicts with both local and national planning policies. Whilst it is evident from the supporting letters that the applicants are well regarded in the local community and that they have built up social relationships with the community since their arrival circa 4 years previous, it is not considered that this alone is sufficient to meet the strict tests to establish a genuine local need to satisfy policy AH3 of the LDP. It is accepted that the applicants are currently residing in a caravan, however, it is understood that this has been the case since the applicants moved to the area and that the situation has been the subject of enforcement investigations. No evidence has been provided to outline the financial circumstances of the applicants and insufficient information has been provided to satisfy the other criteria of a local needs dwelling. On this basis, the application is recommended for refusal.

RECOMMENDATION – REFUSAL

REASONS

1 The proposal is contrary to Policy H5 “Adaptation and Re-Use of Rural Buildings for Residential Use” of the Carmarthenshire County Local Development Plan (10 December 2014), which states:-

Policy H5 Adaptation and Re-Use of Rural Buildings for Residential Use

Proposals for the conversion and re-use of buildings in rural areas outside the Development Limits of a defined settlement (Policy SP3) for residential purposes will only be permitted where:

a) The authority is satisfied that every reasonable endeavour has been made to secure an alternative business use and the application is supported by a statement of evidence to the Council’s satisfaction of appropriate efforts that have been undertaken to achieve this;

b) Any residential use would be a subordinate element associated with a wider scheme for business re-use; or,

c) The residential use contributes to the provision of affordable housing to meet a genuine identified local need (as defined within the Glossary of Terms) and provided that:

i) The benefits of the initial affordability will be retained for all subsequent occupants; ii) It is of a scale compatible with an affordable dwelling and would be available to low or moderate income groups.

Proposals will also be required to demonstrate that the following criteria can be met:

d) The building is structurally sound, substantially intact and is of sufficient size to accommodate the proposed use without extensive alteration, extension or reconstruction;

e) The building demonstrates and retains sufficient quality of architectural features and traditional materials with no significant loss of the character and integrity of the original structure.

In that the existing building is not capable of conversion without extension alterations, extension and reconstruction and is not a building that demonstrates nor retains sufficient quality of architectural features and traditional materials to warrant its retention, and is rather a modern, recently constructed steel portal framed building that was built for a specific purpose. Conversion of the building would likely result in the need for additional buildings in the countryside given that it is actively used for storage purposes in association with the permitted horticultural activities taking place on the wider site. The applicants also fail to meet the strict criteria of a local need having only resided in the area recently and whilst they have generated support from the local community insufficient information has been submitted to robustly demonstrate a genuine local need.

ADDITIONAL ITEMS FOR DECISION

Application No W/29312

Application Type Full Planning

Proposal & PROPOSED ROAD AND PLOT LAYOUT AND DETACHED Location PROPERTY AT PLOT 4 ON LAND TO NORTH OF PETERWELL, OLD ST CLEARS ROAD, JOHNSTOWN, CARMARTHEN

Applicant(s) ROBERT JONES, PETERWELL, OLD ST CLEARS ROAD, JOHNSTOWN, CARMARTHEN, SA31 3HN

Agent DAVID J P MORGAN ARCHITECT, HIGH SEAS, 8 THE NORTON, TENBY, SA70 8AA

Case Officer Stuart Willis

Ward Carmarthen West

Date of validation 11/12/2013

The application was presented to Planning Committee on September 2014. Members resolved to approve the application subject to a legal agreement. The agreement was in relation to contributions towards community benefits. The report presented to planning committee indicated that discussions were ongoing regarding the level and type of contribution stating “This figure, as with the level of contribution towards community benefits in general, is yet to be formalised for the Carmarthen West Development Brief site. Therefore negotiations regarding the final figure are still ongoing”. An indicative figure of £64,000 towards community facilities was referred to on the basis of £16,000 per plot/dwelling. This related to contributions being sought from all 4 plots to find developments as part of the Carmarthen West Development Brief Site. This would have included the funding for the new link road, public open space and education facilities.

Following the resolution there have been ongoing discussions regarding the nature and level of contribution at the site. The resolution was made prior to the adoption of the Local Development Plan (LDP) in December 2014. Also at that time there was greater uncertainty over the funding needed and mechanisms for securing contributions at the Carmarthen West Development Brief site. The development is for road and plot layout with the details provided in full for one plot. There is now greater clarity of how the funding for Carmarthen West will be secured and the level required for applicable developments across the development brief site. Where contributions have been sought towards facilities and infrastructure such as the link road, public open space and the proposed school, these are now at a lower level than those quoted in 2014.

At the time of the resolution the application was being assessed on the basis of contributions being sought from all four properties. However only one of these properties had full details to be agreed as part of the planning application. There would need to be separate planning applications made for the other three plots. As such, it is considered that it would not be possible to seek contributions for the other three plots. Therefore contributions are no longer sought on the other three plots as part of this application.

The Local Development Plan is now in force and this provides greater clarity regarding where contributions should be sought towards community benefits. The LDP does not require contributions towards facilities such public open space and education where the development would be for fewer than five properties. As stated above the application shows a road layout with four plots, with full details only for one application. Even using the total plot layout the development falls below the threshold of five or more properties. As such it is not considered that it would be appropriate to seek contributions towards these facilities as part of this application. The development would not rely on the new link road, or any associated infrastructure such as the proposed roundabout or improved pedestrian facilities and considering the number of units proposed it is also not felt that contributions should be sought link road.

Contributions are still to be sought towards affordable housing however. In line with the Policy AH1 of the Local Development Plan, a contribution is required towards affordable housing even on developments of fewer than five properties. The contribution is based on a per sqm figure which in this area is £66.71 per sqm. The current proposal involves full details of just a single property. Without the details of the other three plots, it is not possible to assess at what level the contribution would be as the floor space is unknown. As such contributions will be required for the other three plots as part of any future applications made. Based on the current level of contribution this would be at £66.71 per sqm. There are details in full for one of the plots at the site as part of this application. Prior to the adoption of the LDP there was no contribution sought on developments of fewer than four properties. The application was submitted prior to the adoption of the LDP and the resolution by Planning Committee made some months prior to the adoption of the LDP. It is not felt that requesting the full contribution of £66.71 per sqm would be appropriate due to the timing of the application and resolution. The Carmarthen West Development Brief indicates a desire for the provision of 20% affordable housing across the site as a whole. For five or more dwellings the contribution is generally provided in the form of units on the site. As this development is less than five units, on site provision would be considered applicable. However some contribution is sought for the single property. As 20% affordable housing is referred to in the development brief and LDP for this area, in this instance 20% of the per sqm figure has been deemed appropriate. The property has approximately 284sqm of floor space and as such a contribution of £3,789.13 is required. This would be secured either through a legal agreement or payment of the sum prior to issuing the decision. This would be the only contribution sought as part of this application.

There have been some works carried out at the site since the resolution by the Planning Committee. Previously there had been pre-commencement conditions relating to aspects such as ecology and drainage. Therefore it was considered that the additional information needed to be provided at this stage prior to the issuing of any permission. The additional information would have been subject to discharge of condition submissions had the permission already been issued. Comments have been provided by the relevant consultees on the information provided. Natural Resources Wales have raised no objection to the additional information. There had been a query regarding a tree at the site with Bat potential however the Planning Ecologist is satisfied that the level of information provided is sufficient. Details relating to the drainage of surface water have also been provided and the Authority’s Land Drainage Section have confirmed they are satisfied with these. As such the original conditions suggested have been amended and outlined in full below.

RECOMMENDATION – APPROVAL

CONDITIONS

1 The development shall be carried out in accordance with the following approved plans and documents:-

 Hartley Preserve Ecologist Report and Method Statement received on 12th June 2014;  Arboricultural Method Statement received on 5th June 2014;  Tree Survey received on 4th June 2014;  1:200 scale Proposed Site Plan Drawing Ref AB/PLNG/01(Rev E) received on 2nd June 2014;  Landscape Scheme Revision 2 received on 6th May 2014;  Planting Schedule Revised received on 6th May 2014;  1:1250 scale Location Plan Updated April 2014 received on 6th May 2014;  1:100 scale Floor Plan Drawing ref AB/PLNG/02(A) received on 3rd April 2014;  1:100 scale Proposed Elevations plan Drawing ref AB/PLNG/03(A) received on 3rd April 2014;  1:100 scale Proposed Elevations and Section plan Drawing Ref AB/PLNG/04(A) received on 3rd April 2014;  1:100 scale Section BB-CC plan Ref AB/PLNG/05(B) received on 22nd August 2014;  1:100 scale Roof Plan and Landscape Notes Drawing Ref AB/PLNG/06(B) received on 3rd April 2014;  1:200 scale Indicative Site Section plan Drawing ref AB/PLNG/07(B) received on 4th June 2014;  1:1250 and 1:20 scale Site Road Details drawing No 01 Rev D received on 4th June 2014;  1:500 scale Land Survey plan received on 11th October 2013, and  Reptile Survey 23rd June 2016.

2 The development shall be carried out in accordance with the surface water drainage scheme as contained in the “Results of Percolation Tests undertaken 2/5/13”, “Percolation Test” and 1:250 scale Plot 4 Layout (showing Proposed Soakaways (02) received 13th July 2016 relating to the road and plot.

3 All windows and doors at the proposed dwelling at Plot 4 shall be timber and remain so in perpetuity unless otherwise agreed by the Local Planning Authority.

4 There shall at no time be vehicular access to any part of the development directly off the road to the west of the site leading south to Old St Clears Road.

5 Prior to its use by vehicular traffic, the multi-use shared private drive shall be laid out and constructed with at least a 4.1 metre carriageway.

6 The vehicular access into the site shall at all times be left open, unimpeded by gates or any other barrier.

7 The gradient of the vehicular access serving the development shall not exceed 1 in 10 for the first 5.0 metres from the nearside edge of the carriageway and in particular, no part of the vehicular access shall exceed 1 in 8.

8 There shall at no time be any growth or obstruction to visibility over 0.6 metres above the adjacent carriageway crown, over the site's whole Starling Park Estate Road frontage within 2.0 metres of the near edge of the highway.

9 The access, visibility splays and turning area required, shall be wholly provided prior to any part of the development being brought into use, and thereafter shall be retained unobstructed in perpetuity. In particular, no part of the access, visibility splays, or turning area, is to be obstructed by non-motorised vehicles

10 The parking spaces and layout shown on the plans herewith approved shall be provided prior to any use of the development herewith approved. Thereafter, they shall be retained, unobstructed, for the purposes of parking only. In particular, no part of the parking or turning facilities is to be obstructed by non-motorised vehicles.

11 The access shall be hard-surfaced for a minimum distance of 10.0 metres behind the nearside edge of carriageway. The hard surfacing shall be fully carried out prior to any part of the development approved herewith being brought into use.

12 The development shall be carried out in accordance with the Badger Management Scheme received on 23rd June 2016.

13 The approved Detailed Landscape Design Scheme as shown on the Arboricultural Method Statement received on 5th June 2014, the Tree Survey received on 4th June 2014, the 1:200 scale Proposed Site Plan Drawing Ref AB/PLNG/01(Rev E) received on 2nd June 2014, the Landscape Scheme Revision 2 received on 6th May 2014 and the Planting Schedule Revised received on 6th May 2014 shall be fully implemented in the first available planting and seeding seasons following the commencement of the development unless otherwise agreed in writing by the Local Planning Authority.

14 Any new landscape elements planted or seeded; or existing landscape elements retained; in accordance with the approved Detailed Landscape Design Scheme which, within a period of 5 years after implementation are removed; die; or become in the opinion of the local planning authority, seriously diseased; damaged or otherwise defective, shall be replaced in the next planting or seeding season with replacement elements of similar size and specification, unless otherwise agreed in writing by the Local Planning Authority.

REASONS

1 In the interest of clarity as to the extent of the permission.

2 To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal.

3 In the interest of visual amenity and to ensure appropriate development in the Conservation Area.

4-11 In the interest of highway safety.

12 To ensure appropriate protection and mitigation in relation to species and habitats.

13-14 To ensure that effective landscape design forms part of new development, and that development is integrated into the existing landscape; in the interests of landscape character, visual amenity and nature conservation.

REASONS FOR GRANTING PLANNING PERMISSION

 It is considered that the proposed development complies with Policy H1, AH1, GP1, SP1, SP4, SP9, SP13, SP14, EQ1, EQ4, and TR3 of the adopted Local Development Plan in that the development is within the settlement limits and allocated to residential development as part of a Development Brief Site. The design, layout and scale of the development are considered acceptable and there are not considered to be significant detrimental impacts in terms of highway, ecological, landscape, amenity or utility concerns. Subject to a Section 106 Agreement appropriate provision towards community facilities on site or in terms of a contribution would also be provided.

NOTE(S)

In addition, any conditions which the Council has imposed on this consent will be listed above and should be read carefully. It is your (or any subsequent developers') responsibility to ensure that the terms of all conditions are met in full at the appropriate time (as outlined in the specific condition).

Failure on the part of the developer to observe the requirements of any other conditions could result in the Council pursuing formal enforcement action in the form of a Breach of Condition Notice.

3 The applicant is advised that this planning permission is subject to the applicant/developer first entering into a legal agreement or providing payment towards affordable housing in the sum of £3,789.13.