PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
P/05/1709/RLX DAVID WILSON HOMES/REDROW PER RPS PLANNING 3RD FLOOR PARK HOUSE GREYFRIARS ROAD CARDIFF CF10 3AF LAND AT COYCHURCH ROAD BRIDGEND
REMOVAL OF CONDITION 12 OF CONSENT P/04/1347/ RES
Application Received : 29th December 2005
Site Inspected: 18th January 2006
Community Council Observations: Object to the proposal as the conditions on planning consents are put in place for valid reasons and should therefore be maintained in place and not relaxed.
Report:
DESCRIPTION OF DEVELOPMENT:
Consent was granted in May 2005 to construct 345 dwellings on this site adjacent to Coychurch Road. Condition 12 of the consent required a scheme of enhanced public transport facilities on Coychurch Road. This would include appropriate bus shelters, landing platforms and an uncontrolled pedestrian/disabled crossing facility. This facility was considered necessary due to the size of the site and the need to provide suitable public transport facilities for the residents.
RELEVANT HISTORY
02/929/OUT - Outline planning consent for residential development. Approved 22 June 2004.
04/1347 - Development of 345 dwellings. Approved 17 May 2005.
05/1257 - Variation of Condition 1 of consent 04/1347 to allow phased development. Approved 1 November 2005
05/1258 - Variation of Condition 1 of consent 02/929/OUT to allow phased development. Approved 1 November 2005
PUBLICITY
The application has been advertised by means of a site notice and neighbours notified of the receipt of the application. The period allowed for response to consultations expired on 20 January 2006.
NEGOTIATIONS
None. PAGE 1 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
CONSULTATION RESPONSES
Highways have provided the following observations:-
I consider that the provision of public transport facilities on both sides of Coychurch Road is fundamental to the site in achieving appropriate sustainability credentials in accordance with the aspirations of Planning Policy (Wales), particularly in light of the fact that the station platform scheme has not currently been accepted by Network Rail and any proposal is unlikely to be in place before 2010-2012.
Moreover the layout of the site precludes bus accesses and consequently, if the site is to be realistically served by public transport this will need to be resolved via internal footway links leading to the facilities on Coychurch Road.
I would therefore advise that I object to the removal of Condition 12.
If, notwithstanding the above, in planning terms you consider that Condition 12 was inappropriate, due to it not being included on the original outline consent to which this reserved matters application is related I will accept your determination on the matter.
REPRESENTATIONS RECEIVED
Councillors Hacking and Spanswick consider that the application should be referred to Committee. Councillor Spanswick considers that Condition 12 is essential to the overall layout, design and approval of the plan.
APPRAISAL
The original layout proposed on this site included a segregated cycle/pedestrian path running centrally through the site following the route of the internal estate road. However, Highways would not accept this arrangement as they considered it did not provide a direct route between the site access and the eastern end of the site. They also considered that a more direct route immediately adjacent to Coychurch Road would provide a more sustainable facility for other users apart from the occupiers of the new dwellings.
During negotiations on the route of the cycle/pedestrian path, the site developers advised that they would be prepared to fund the provision of public transport facilities on Coychurch Road in the form of bus shelters and passenger platforms. Pedestrian links would also then be provided from the internal estate road to these public transport facilities. On the basis of these discussions it was considered appropriate to attach a condition to the consent requiring the provision of public transport facilities on Coychurch Road. (Condition No. 12)
The developers are now arguing that the offer of enhanced public transport facilities was only made if the cycle/pedestrian way was retained centrally within the site and not constructed alongside Coychurch Road. They have also suggested that due to additional costs of now providing the cycle route alongside Coychurch Road, which includes the construction of a retaining wall, the provision of enhanced public transport facilities is unreasonable and excessive.
PAGE 2 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
In their supporting statement the applicant has also suggested that relocating the pedestrian/cycle route adjacent to Coychurch Road will enhance public transport links. They have also suggested that the condition requires them to implement work on land which is outside their control.
In addition, they have suggested that as the requirement to provide public transport facilities was not a requirement on the original outline planning consent the imposition of condition 12 on the reserved matters application 04/1347/RES is invalid.
The original outline planning consent P/02/929/OUT was granted subject to 24 conditions, including several relating to highway issues. However, the consent did not include a condition requiring enhanced public transport facilities.
Circular 35/95 (W.O. 35/95) advises that the only conditions which can be imposed when the reserved matters are approved are conditions directly relating to the conditions on the outline consent. The only relevant reference to public transport facilities in the outline consent is in Condition 2 which requires links to be provided to public transport facilities. There is no outline condition requiring the provision of public transport facilities.
To date the information submitted to discharge the conditions has not included a link from the site's internal access road onto Coychurch Road. Previous discussions have suggested that a short link could be provided centrally within the site adjacent to the public open space. The arrangement would improve pedestrians access from the site onto Coychurch Road.
In response to the letter submitted by the applicant's consultants the Council's Legal Officer has acknowledged that the developer does not control the land adjacent to the northern side of Coychurch Road, but is aware that it is Highway land. As Highway requested these enhanced public transport facilities they would be willing for the works to be carried out. As such the use of the condition is acceptable in this respect.
The Legal Officer has advised however that the imposition of Condition 12 at the reserved matter stage could be considered unreasonable as it required the developer to carry out additional works over and above that required through the original outline consent. As such in accordance with Circular 35/95 the condition does not satisfy the tests described to determine the validity of conditions.
It is, therefore, recommended that the application to relax the condition is approved.
RECOMMENDATION:
That the applicant be advised that the Council have no objection to the relaxation of Condition 12 attached to the planning consent P/04/1437/RES.
P/06/295/FUL PAGE 3 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
CAR PARK VALETING LTD., ROWE HOUSE, ROWE LANE, STANTON LONG, MUCH WENLOCK, SHROPSHIRE TF13 6LS TESCO STORES LIMITED COWBRIDGE ROAD BRIDGEND CF31 3SQ C/U OF CAR PARKING AREA TO HAND VALETING OPERATION INCL. SITING OF TEMP. OFFICE / CANOPY Application Received : 7th March 2006
Site Inspected: 4th April 2006
Town Council Observations: Bridgend Town Council object to the proposal as the car parking spaces being depleted when store just enlarged will lead to congestion onto already busy highway.
Report :
DESCRIPTION OF DEVELOPMENT
The proposal is for part of the car parking area for a hand valeting operation including the siting of temporary office/canopy. The application is a resubmission following the refusal of permission P/05/1374/FUL (refers).
RELEVANT HISTORY
P/05/1374/FUL - Change of use of car parking area to hand valeting operation including siting of temporary office/canopy - Refused for the following reasons:-
1. The additional use of the access in close proximity to the nearby road junction/road bend would create hazards to the detriment of highway safety and contrary to Policy T2 of the adopted Bridgend Unitary Development Plan.
2. The proposal would result in the loss of car parking facilities to serve the store to the detriment of highway safety and contrary to Policy T2 of the adopted Bridgend Unitary Development Plan.
PUBLICITY
The period allowed for response to consultations expired on 28th March 2006.
NEGOTIATIONS
None.
CONSULTATION RESPONSES
None.
REPRESENTATIONS RECEIVED
PAGE 4 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
None.
APPRAISAL
The application seeks consent to change the use of part of the car park area to a handwash (car) operation including the siting of a temporary office and canopy following a refusal of previous permission. The developer has taken advice from the Authority's Highway Section and has changed the siting of the operation to an area of the car park which is considered acceptable. The application has been assessed having regard to Policy T2 of Bridgend Unitary Development Plan -highway safety.
It is considered that the proposed change of use of the car park area to a car wash would not be liable to cause an obstruction at the access to the site.
CONCLUSION
The proposal would not have a detrimental effect on highway safety, and permission should therefore be granted.
RECOMMENDATION:
That permission be GRANTED.
P/06/106/FUL PETER LOCK 5 PLEASANT VIEW ABERKENFIG BRIDGEND CF31 9BY
LAND R/O SWAN INN ABERKENFIG BRIDGEND INCLUSION OF LAND
Application Received : 6th February 2006
Site Inspected: 02 March 2006
Community Council Observations: Notified 15th March 2006
REPORT:
DESCRIPTION OF DEVELOPMENT
The application proposes the inclusion of a roughly rectangular piece of land into the
PAGE 5 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
curtilage of a yet to be completed dwelling house. The applicant has confirmed that the land is to be used as a garden area only.
RELEVANT HISTORY
77/760 O/A Dwelling and garage - Conditional Consent - 11/8/77 78/551 Approval of detail plans - Conditional Consent - 20/4/78 79/451 Amended roof design - Conditional Consent - 22/2/79
PUBLICITY
Neighbouring properties have been notified of the receipt of the application and a site notice has been displayed near the application site. The period allowed for response to consultations expired on 15th March, 2006.
NEGOTIATIONS
The applicant was invited to clarify the nature of the development on 14th March, 2006. In a meeting with the case officer, the applicant verbally confirmed that the land was to be included as garden area within the curtilage of the dwelling that has yet to be completed on land to the rear of the Swan Inn, Aberkenfig.
CONSULTATION RESPONSES
Highways Section raises no objections.
REPRESENTATIONS RECEIVED
Mr Brookes, the occupier of 4 Penyfai Road, Aberkenfig in a telephone conversation with the case officer has expressed concern in respect of the application as the access lane leading to the unfinished property is a private lane over which the applicant may not have access. Mr Brookes expressed concern that he had been unsuccessful in his attempt to purchase land to the rear of his property for a similar purpose. He also advised that he believed that the applicant was intending to purchase other land in this vicinity and thereafter develop the area for three or four houses. The occupiers of No 126 Bridgend Road, Aberkenfig has submitted a letter signed by eight local residents making similar comments to those of Mr Brookes but also advising that a number of properties, which are in close proximity to the application site have not been individually notified.
COMMENTS ON REPRESENTATIONS RECEIVED
The following observations are provided in response to the concerns raised by neighbouring occupiers:-
(a) The application site lies to the west of an unoccupied, unfinished property, which lies to the rear of The Swan Inn public house and its location only abuts the curtilage of one other neighbouring residential property. It was considered that a site notice, which was displayed near the site to advertise the receipt of the application, would be more appropriate rather than individual neighbour consultation. (b) The comments relating to the applicant's right to use the private access lane is a PAGE 6 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
separate private legal matter and not particularly relevant to an application that seeks the inclusion of land into a residential curtilage to provide a garden area. (c) Any further land acquisition by the applicant in order to facilitate the development of three or four dwellings in this vicinity is a matter of pure conjecture and also not relevant to the assessment of the present application. In any event were an application to be submitted for further residential development then publicity will be undertaken in respect of that development following submission of the formal application. (d) The objector's inability to purchase additional land owned by the Authority at the rear of his property is a matter for the Property Services Department and not relevant to the assessment of the present application.
APPRAISAL
The application seeks consent for the inclusion of a roughly rectangular area of land lying to the west of an existing unfinished property. The land is to be used to provide a garden area to serve this dwelling.
The land slopes from east to west and is currently substantially covered by trees and scrub. The land lies within the designated settlement boundary of Aberkenfig as defined by Policy EV12 of the Bridgend Unitary Development Plan.
Whilst it is noted that the land is substantially wooded, and that land to the south is the subject of a proposed woodland management scheme, the application site has been excluded from the management area. Whilst there may be potential for future alternative development of land lying to the north and including the application site, the current application seeks to change the use of the land to residential curtilage.
The application has been assessed having regard to the following policies:-
Bridgend Unitary Development Plan
EV12 - Settlement Boundaries EV45 - New Development Design
CONCLUSION
It is considered that there are no over riding considerations in terms of privacy, residential or visual amenity and therefore approval can be recommended.
RECOMMENDATION:
That permission be GRANTED subject to the following condition(s):-
1 No development shall take place until details of the means of enclosure including design, materials and type of boundary treatment to be erected shall be submitted to and agreed in writing by the Local Planning Authority. The boundary treatment shall thereafter be completed in accordance with the approved details.
Reason : To ensure that the general amenities of the area are protected PAGE 7 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
(Policy EV45 of the Bridgend Unitary Development Plan)
2 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification), no development which would be permitted under Article 3 and Class E of Part 1 to Schedule 2 of the Order shall be carried out within the curtilage of the dwelling without the prior written consent of the Local Planning Authority
Reason : For the avoidance of doubt as to the extent of the permission granted and to ensure that the Local Planning Authority retain effective control over the use of the land in the interests of visual and residential amenity.
(Policy EV45 of the Bridgend Unitary Development Plan).
P/06/138/FUL HENDRE HOUSING ASSOC. LTD. PER WIGLEY FOX PTNP PLC THE CHAPEL CHURCHILL WAY CARDIFF CF10 2WF BROCASTLE ESTATE BROCASTLE BRIDGEND CONSTRUCT 12x2 BED ASSISTED LIVING APARTMENTS OVER 2 FLOORS IN LIEU OF 4x2 BED ASSISTED LIVING APARTMENTS Application Received : 6th February 2006
SITE INSPECTED: 30 January 2006
COMMUNITY COUNCIL: Notified 7 February 2006
REPORT:
DESCRIPTION OF DEVELOPMENT
The proposal involves the construction of twelve 2-bedroom assisted living units set over two storeys in the north west corner of the site. The design is broadly on a domestic scale with the palette of materials matching those developed for the nursing home extension, including slate roofs with rendered external walls and raised render bands around some windows.
The site is located to the north-west of Brocastle House west of the A48, some 1.8 Km to the south east of Bridgend Town Centre. The 5.4 hectare application site is part of the land assembled by the WDA, who control approximately 48 hectares of adjoining land to the north west, much of which will be developed for employment purposes. PAGE 8 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
The site is at an extremity of the Bridgend County Borough, at a point where the boundary with the Vale of Glamorgan Borough is the nearside edge of the carriageway, with the A48 lying within the adjoining Borough.
RELEVANT HISTORY
P/06/28/FUL - Demolish existing house & erect 4 no 2-bed assisted living flats in lieu of converting existing house Conditional consent granted 14 March 2006
P/05/1556/LIS - Restoration/refurbishment into front of house facilities for nursing home and other works Listed Building Consent granted 12 January 2006.
P/05/1064/LIS - Restore/refurbish existing building; convert into 2 houses/3 apartments; reinstate dormer window; extension to rear; access ramp Listed Building Consent granted 28 October 2005
P/05/933/FUL - 78 bed nursing home extension, conversion of grade 2 manor house to front of house facilities, conversion of domestic & agricultural building to 30 assisted living units, site works & extensive landscaping Approved subject to conditions 4 October 2005.
P/04/684/FUL - Extension of new road from pavement line to previously approved site development P/04/166/RLX. Approved subject to conditions 16 August 2004.
P/02/351/LIS - Application for listed building consent for the conversion of the listed stable block at Brocastle House into 5 houses and 1 flat. Listed Building Consent granted 7 November 2002.
P/02/350/FUL - Companion application to convert existing grade 2 house & stables & extension to accommodate 76 bed nursing home and 29 care units. Approved subject to conditions 21 June 2002.
P/02/349/LIS - Application for listed building consent for the conversion of Brocastle House into 'front of house' facilities for 76 bed nursing home. Listed Building Consent granted 19 July 2002.
P/00/1106/FUL - Access road and drainage. Approved subject to conditions 23 May 2001.
P/97/930/FUL - Full planning permission for construction of new roundabout and access on to A48 to provide access to site. Approved subject to conditions 19 April 1998.
P/97/929/OUT - Application in outline on the larger WDA site, including the present application site, for business, industry, and hotel. Approved subject to conditions 9 April 1998.
PAGE 9 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
NEGOTIATIONS
None
PUBLICITY
The proposal has been advertised on site and in the press. Local residents have been notified of the proposal. The period for response to consultations expired on 15 February 2006.
CONSULTATION RESPONSES
Western Power and Wales & West Utilities have provided details of their apparatus in the vicinity of the site.
The Assistant Director Transportation & Engineering (Drainage) has no comments to make.
The Environment Agency advise their standard advice applies.
The Assistant Director Public Protection has no observations to make.
South Wales Fire and Rescue Service advise of the need for the developer to consider the provision of adequate water supplies on the site for fire fighting purposes and access for emergency fire fighting appliances.
Welsh Water Dwr Cymru advise there are no public sewers in the area but it may be possible to requisition them, and a water supply can be made available.
Subject to conditions the Assistant Director Transportation & Engineering (Highways) has no objection to the proposal.
Llangan, Colwinston and Ewenny Community Councils have no objections or comments to make.
The Vale of Glamorgan Council have no further comments to add to those previously submitted, ie "No objection to the principle of the development on the grounds of justifying the viability of the listed buildings, the specific details of the scheme being for Bridgend County Borough Council to assess; and on the highways, no objection in principle subject to the site being accessed only via the new roundabout and not via the existing Lodge access".
REPRESENTATIONS RECEIVED
None
APPRAISAL
In assessing the proposal the following Policies were considered:-
PAGE 10 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
EV33 - Development affecting Listed Buildings EV45 - New Development T2 - Highways
The application site is located within the designated settlement boundary of Bridgend and allocated as a key employment site under Policy E2(3) of the adopted Bridgend Unitary Development Plan (UDP).
The principle of development was originally agreed when full planning consent for a 76 bed nursing home and 29 close care units was granted on the 21 June 2002. The original recommendation to Council in respect of the 2002 planning application stated that the proposed use is compatible with the allocation for employment purposes in the UDP. An amended proposal, for a 78 bed nursing home and 30 assisted living units, was granted on the 4 October 2005 (P/05/933/FUL refers).
This current planning application is for the construction of the twelve 2-bedroom assisted living units set over two storeys. In this respect planning consent P/05/933/FUL gave permission for the four assisted living units, therefore a development of this nature has been agreed in principle at this location.
The proposal for four units covered a floor area of 175 sq m whilst the current proposal will have a total floor area of 548 sq m. The twelve units will be constructed in two buildings, one comprising 8 units and the other 4 units. The larger unit is L-shaped and separated from the second unit by a footpath, which forms part of the integrated footpath system serving the site as a whole. The new layout results in the amendment of the parking area and the landscaping scheme.
Notwithstanding the above, as with the previous planning applications, the development affects a Grade II listed building, consequently it is important to consider the effect the proposed development may have on the listed building and its setting and, in this respect, Policy EV33 is relevant. That Policy states that development, which either harms or adversely affects listed buildings, will not be permitted. Proposed eternal finishes will match those on the existing Brocastle House and the Stable Block and it is considered that Policy EV33 will not be compromised by the proposal.
CONCLUSION
The application is reported to Committee as it is a major development for 12 apartments. The proposal complies with the Policies of the Unitary Development Plan and there are no overriding issues in respect of amenity or highway safety. The proposal is, therefore, considered acceptable.
RECOMMENDATION:
That permission be GRANTED subject to the following condition(s):-
1 This consent relates solely to the construction of twelve assisted living flats (Block 3) in accordance with drawing nos 2581/PL.11 Rev B, 2581/PL.12 Rev B, 2581/PL.13 PAGE 11 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
Rev B, 2581/PL.30 Rev A and, in all other respects, the development shall proceed in accordance with the conditions and notes attached to planning permission P/05/933/FUL.
Reason: For the avoidance of doubt as to the extent of the permission granted and in the interests of highway safety (Policy T2 of the Unitary Development Plan).
P/06/158/FUL MR D CHITTY PER P BLACKBURN 24 LITCHARD TERRACE BRIDGEND CF31 1PL
6 PINTAIL CLOSE PORTHCAWL BRIDGEND TWO STOREY SIDE & REAR EXTENSION (RE-SUB)
Application Received : 9th February 2006
This application was initially considered by Committee on 16 March 2006 when it was deferred to enable the Site Panel to inspect the site. Reproduced below is a copy of my original report including amendments together with the report of the Site Panel.
"Site Inspected : 15th February, 2006
Town Council Observations: Object to the development on the grounds on unneighbourly development on the grounds of its proposed size and orientation.
Report:
DESCRIPTION OF DEVELOPMENT
The application proposes the demolition of an existing attached car port and garage to allow for the construction of a two/single storey extension to the side of this detached property. In addition, a conservatory and a utility room at the rear of the dwelling are to be removed and replaced with a two/single storey extension. The rear extension will project 4.5metres from the original rear wall of the property and the side two storey extension will project 4.5m from the side wall of the dwelling. A single storey garage will infill the area between the proposed two storey element and the boundary wall with No 5 Pintail Close. The development will provide a three car garage and boat store on the ground floor of the side extension with a bedroom, dressing room and ensuite bathroom over. The rear extension will provide a kitchen and dining room on the ground floor with a sitting room with balcony at first floor level. The materials of construction are to match the existing property.
The applicant's agent has submitted the following statement to clarify and support this PAGE 12 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
application:-
"The proposal is for an extension to an existing detached domestic dwelling. The extension will provide an enlarged kitchen and dining room to the rear, utility room formed from within the original kitchen and three car garage and boat store on the ground floor with 1 no additional en suite bedroom, the addition of an en suite to the existing front bedroom and first floor rear sitting room with an external balcony over part of the ground floor kitchen. The new garage boundary wall will be constructed clear from the boundary avoiding party wall act disputes.
The external finish of the extensions will be self colour sand/cement render to match the existing house, on facing brick plinth course to DPC level. The roof materials will be Marley Modern concrete interlocking tiles to match the existing roof.
The roof area between new pitched roofs to the rear finished in GRP grey colour roofing formed in situ with edge gutters in lead to fall and discharge to the rear of the property.
The property and the extension are part of a group within the locality of similar appearance, allowing this rear and side extension to blend into the neighbourhood.
Window styles and fenestrations are to match the existing units, with obscure glazing to afford privacy to all en suite rooms and to the new high level slit window in the utility room facing on to the neighbouring dwelling.
There are no proposals to alter levels or boundary fences. There are no trees within the site to be removed.
All new drainage connections will be undertaken within the curtilage of the property to both foul and rainwater systems."
RELEVANT HISTORY
80/1313 - Swimming pool - Granted conditional consent
89/0782 - Conservatory - Granted unconditional consent 29/6/89
05/1385 - Two storey side and rear extensions. Refused on 1/12/05 for the following reasons:-
"1. The proposed development would by virtue of its size, siting and design be visually obtrusive and generally out of character with existing properties in Pintail Close, Rest Bay, Porthcawl and would be contrary to Policy EV45 of the Bridgend Unitary Development Plan.
2. The proposed development would detract from the privacy and amenities reasonably expected to be enjoyed by occupiers of nearby residential properties contrary to Policy EV45 of the Bridgend Unitary Development Plan"
NEGOTIATIONS
PAGE 13 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
None.
PUBLICITY
Neighbours have been notified of the receipt of the application. The consultation period expires on 2nd March, 2006
CONSULTATION RESPONSES
Welsh Water advise that a public sewer crosses the application site and have attached a map extract indicating the location of this apparatus. In the event that the Authority is minded to grant permission for the development a condition requiring that no development encroaches within a safety zone, which is measured either side of the centre line of the sewer pipe. For details of the safety zone required, the developer should contact Welsh Water's Network Development Consultants.
REPRESENTATIONS RECEIVED
The occupier of adjoining property to the west of the application site comments that the development will reduce light to the rear rooms of their property. The scale of the proposal is much larger than all other properties in Pintail Close and will fill the plot from boundary to boundary and be out of character with the style of the street.
The occupier of the adjoining property to the south east of the application site considers that the extended property would be of such a size as to be out of keeping with other houses in the Close. The orientation of the property in relation to their house and the aspect of both dwellings will mean that the side two storey extension will overshadow a large part of their rear garden for a large part of the day. It would also cause loss of light to their rear extension and also their kitchen. The proposed side extension will necessitate the demolition of the existing garage, the side wall of which forms part of the boundary running between the dwellings. The new garage wall will be much longer than the present one and will therefore be more intrusive. The proximity of this new wall would almost certainly involve demolishing part of the existing wall and entry onto their property in order to build the new garage wall. There would be no agreement to allow any access onto their property to facilitate this development.
COMMENTS ON REPRESENTATIONS RECEIVED
The following comments are provided in response to the specific concerns raised by the objectors:-
(a) The occupier of the detached dwelling to the west of the application has expressed concern regarding loss of light to windows in the rear elevation of their property. The projection of the rear extension will not infringe the daylight protection zones of windows in this neighbouring property.
(b) The property already fills the plot from side boundary to side boundary although at present a single storey flat roofed garage and car port occupy the area between the existing dwelling and its neighbour, No 5 Pintail Close. Whilst the proposed PAGE 14 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
development will comprise a part two storey/part single storey replacement of this garage and carport and will have a pitched roof, the footprint of the extended property will be similar to that existing.
(c) Pintail Close is characterised by substantial detached dwellings of varying size and design. It is considered that the proposal will not so significantly impact on the visual amenities of the area or the street scene as to warrant refusal of the application.
(d) With regard to the concerns of the adjoining occupier to the south east, this dwelling is set at an angle to the application site and the side two storey element does not infringe the day light protection zones of windows in the rear elevation of this neighbour. It is considered that the development will not therefore unreasonably dominate or overshadow this dwelling.
(e) The neighbouring occupier has also expressed concern regarding the boundary wall running between their property and the application site. The applicant's agent in the design statement has clarified that the new garage boundary wall is to be constructed clear from the existing boundary thereby avoiding party wall disputes. Any disputes or questions of access into the neighbouring garden for construction purposes would be private legal issues for the two parties to resolve separately from the consideration of the planning merits of the application.
APPRAISAL
The application seeks consent for the erection of two/single storey extensions to the side and rear of this detached property, which is located on the north western side of Pintail Close, Rest Bay, Porthcawl.
Design Guide 2 House Extensions advises that no extension should unreasonably dominate the outlook of an adjoining property or unreasonably overshadow an adjoining property and advice within the Guide clarifies the manner in which domination and overshadowing is assessed. Neither of the proposed two storey extensions will infringe the daylight protection zones of windows in the rear elevations of either neighbouring property.
The rear two storey extension includes a first floor sitting room, which will have a side facing patio door style opening onto a balcony area. In order to safeguard the privacy of the neighbouring property (No 7), the monopitched design of the roof of the single storey element will be continued up to a height of 3.9m thereby providing a 1.25m screen enclosing the side of the proposed balcony. It was noted during the site inspection that an open balcony area has been created onto top of an existing flat roofed single storey extension existing at the neighbouring property. The Authority's Design Guide notes that few rear gardens are entirely private and notes that some features of extensions can create a sense of unreasonable overlooking in neighbouring property. Balconies often cause the greatest difficulty and it is recommended that such a feature should be located or screened to prevent or limit overlooking. In this case, it is considered that with the partial screening of the proposed balcony, the degree of overlooking will not be so unreasonable as to warrant refusal of the scheme, but would be improved further if the screen was increased to 1.7m high.
The following local development plan policies have been considered in the assessment of PAGE 15 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
this application:-
Bridgend Unitary Development Plan
Policy EV45 - New Development Design
Design Guide 2 : House Extensions
Notes 1, 2,3, 6, & 8
CONCLUSION
The application is reported to Committee in view of the objection from the Town Council.
It is considered that for the reasons outlined above, the proposed development would not so significantly impact on the visual and residential amenities or the privacy of neighbouring properties as to warrant refusal of the scheme. The development is considered, on balance, acceptable and approval is recommended.
Since the original report was considered, the Highways Section have confirmed there is no objection to the submitted proposals.
REPORT OF SITE VISIT PANEL
The Panel inspected the site on 30 March 2006 and considered that the report adequately described the proposal and site circumstances.
RECOMMENDATION:
That permission be GRANTED subject to the following condition(s):-
1 Prior to the development commencing on the kitchen/dining room extension details of a 1.7m high screen along the western edge of the approved balcony shall be submitted to and agreed in writing by the Local Planning Authority. The screen shall be erected as agreed prior to the balcony being brought into beneficial use and shall be retained in perpetuity unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of privacy
(Policy EV45 Bridgend Unitary Development Plan)
P/06/133/OUT MR E J GIFFORD PER JENKINS GOULD PTNP PAGE 16 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
UNION OFFICES QUARELLA ROAD BRIDGEND CF31 1JW REAR OF 1-10 DALE VIEW CEFN CRIBBWR BRIDGEND CF32 0DE ERECTION OF SINGLE DETACHED DWELLING (RE-SUBMISSION OF PREVIOUS REFUSAL P/05/287/OUT - 29/04/05) Application Received : 1st February 2006
This application was considered by Committee on 16th March 2006 when it was resolved that a decision be deferred to enable the Site Panel to inspect the site. Reproduced below is a copy of my report including the amendment sheet together with the report of the Site Panel.
Site Inspected: 13 February 2006
Community Council: Notified 6 February 2006
Report:
DESCRIPTION OF DEVELOPMENT
The application proposes the erection of a single detached dwelling on land to the rear of Nos. 1 - 10 Dale View, Cefn Cribbwr. The application is in outline with all but the means of access reserved for future consideration. The illustrative layout that accompanied the submission shows that the access driveway located approximately 5m to the south of the rear boundary of No. 1 Dale View with the driveway running along the rear boundaries of Nos. 2 - 5 Dale View. A two storey dwelling house is suggested to be positioned at approximately right angles to the dwellings Nos. 7 - 10 Dale View with a detached garage sited alongside it. In support of the application the applicant's agent has submitted the following statement:-
"The proposed site is on Bankers Hill alongside the existing dwelling known as Kenilworth and at the rear of the existing residential settlement of Dale View.
It is considered that the development of the site will constitute a logical infilling along Bankers Hill.
It is proposed to erect a detached two storey dwelling house on the site. The proposed site is approximately 700 square metres in area and it will easily accommodate a substantial detached dwelling house of 160 square metres together with more than adequate amenity space and car parking space within the curtilage of the site for at least four cars. We have already had discussions with your Highways Planning Engineers and have agreed the detail for the private driveway allowing for turning of service, delivery and emergency vehicles. We have also agreed a vision splay of 2m x 33m in either direction together with 'Slow' and 'Araf' markings on the road as indicated on attached drawing No. 05.06/02 Site Layout.
We have also agreed the suitable pedestrian route of less than 200m from the site to the
PAGE 17 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
bus stop on the main Cefn Road, this route is indicated on drawing 05.06/01 Location Plan.
An application for planning consent on this site was refused on 29 April 2005 for three reasons, all of which were Highways conditions.
As stated we have negotiated with Bridgend County Borough Council Highways Planning Engineers and have agreed the solutions to these Conditions as outlined above.
It is proposed that the eventual detail design will utilize traditional construction materials that will harmonize with the materials used in the existing surrounding dwellings."
The application is in outline with access details not reserved.
RELEVANT HISTORY
76/593 - Residential Development - Conditional Consent 78/646 - Amended residential layout - Conditional Consent 13/7/78
These applications relate to the development of the Dale View Estate to north and west of the site but which included this area of land.
83/1461 - O/A residential development - Refused 9/2/84
The reason for refusal was:-
"The development of the site for residential purposes would result in the undesirable loss of an area of amenity open space, approved as such in the layout of the estate as a whole and which, in the opinion of the Local Planning Authority should be retained as such in the interests of visual and residential amenity."
This decision was upheld at appeal on 25 September 1985.
In 2005, a further application (05/287) for a detached dwelling on this application site was refused on 29 April 2005 for the following reasons:-
1. The site lacks sufficient frontage to provide adequate vision splays for vehicles emerging onto the public highway, which would be to the detriment of highway safety and contrary to Policy T5 of the Ogwr Borough Local Plan and Policy T2 of the Bridgend Unitary Development Plan.
2. The proposed development would generate on-street parking on Bankers Hill/Cwm Ffoes by calling, delivery and service vehicles, to the detriment of highway safety and contrary to Policy T5 of the Ogwr Borough Local Plan and Policy T2 of the Bridgend Unitary Development Plan.
3. The unclassified road leading to the site has no suitable pedestrian facilities and is unsuitable to serve the proposed development contrary to Policy T5 of the Ogwr Borough Local Plan and Policy T2 of the Bridgend Unitary Development Plan.
PUBLICITY PAGE 18 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
Neighbours have been notified of the receipt of the application and a site notice has been displayed on site. The period for consultation response expired 6 March 2006.
CONSULTATION RESPONSE
The Highway Section raise no objections subject to conditions.
Western Power Distribution have provided information relating to the position of their apparatus and safe working procedures. The Engineering Section advise that the soakaways to be used for the disposal of surface water must be designed to meet the requirements of BRE Digest 365. The Assistant Director - Public Protection has no observations to make.
Wales and West Utilities have included an extract of their records showing the location of their apparatus. The company has no objections to the proposals but suggest that the developer contact them to discuss the detailed scheme.
REPRESENTATIONS RECEIVED
Councillor H David considers that the application should be referred to Committee as the site has previously been refused consent and was an area originally designated as a children's play area for the Dale View development and was used as an informal recreation area.
The occupiers of 6 properties in Dale View, which backs onto the application site, together with the occupier of the detached dwelling to the south object to the development.
The grounds for objection can be summarised as follows:-
1. Too many accesses in close proximity to the site.
2. The dwelling will cause loss of light and privacy to the rear gardens of properties in Dale View.
3. Bankers Hill/Cwm Ffoes is too busy.
4. Inadequate vision splays for vehicles emerging from the site.
5. Lack of pedestrian facilities around the entire site frontage.
6. Area was originally designated as a children's play area.
7. Application no different to that refused in 2005.
8. Noise, dust and disturbance during construction period.
9. Excavation close to rear boundaries may undermine these structures.
10. Loss of value and loss of existing view will result in existing residents seeking a PAGE 19 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
reduction in Council Tax.
COMMENTS OF REPRESENTATIONS RECEIVED
The application is in outline only with all matters except access reserved for future consideration. The sketch layout which accompanied the submission shows a dwelling set back from the highway known as Cwm Ffoes and also set at an angle to existing properties in Dale View and Cefn Road, Cefn Cribwr. It is therefore considered that the proposal would not result in unreasonably domination, loss of light or infringement of privacy of existing properties on the northern, western and southern boundaries of the application site. The concerns of neighbouring residents, in respect of highway safety issues, are no longer shared by the Highways Section. The concern relating to noise and dust during construction would be matters governed by the Assistant Director Public Protection and the Building Inspector should consent be granted for the scheme and are likely to be of temporary duration. With regard to the devaluation of neighbouring property and loss of view, these are not material planning considerations. The Definitive Footpath Maps have been examined and confirmation obtained that a public right of way does not cross the land the subject of the application. It is acknowledged that under the terms of the permission granted in 1978 for the development of the dwellings at Dale View, a condition attached to the consent required the implementation of a scheme of landscaping for the open areas within the development and for their maintenance together with the provision of a footpath along the Cwm Ffoes frontage of the site and to erect a boundary fence. In 1983, in his decision letter, the Welsh Office Inspector appointed to determine an appeal against the refusal of planning permission for residential development on this land commented that this condition had not been complied with and in view of the condition of the site, it had not been used by the residents in the way it was intended. It is considered that a considerable period of time has now elapsed since the 1978 grant of planning permission and the appeal decision referred to above during which time provision of landscaping and maintenance of the area has not been pursued. It is considered therefore it would not be practicable to pursue the non-provision of the facility at this stage and under the circumstances the area cannot reasonably be considered as a public amenity space.
APPRAISAL
The application seeks consent for the principle of developing an area of land to the rear of Nos 1-10 Dale View, Cefn Cribwr for one dwelling. The site lies within the designated settlement boundary for Cefn Cribwr. The proposal may be assessed under Policy H5 of the Unitary Development Plan which establishes criteria for the redevelopment of under- utilised land within the urban area for residential development, namely:-
1. The form, bulk and design of any restored or converted buildings are in keeping with their surroundings; 2. The character, design and materials of existing or adjoining buildings are respected, particularly where they have architectural, historic or group value; 3. Residential amenity is not compromised; 4. There is satisfactory provision for access, parking, utility services and amenity space.
This amended proposal now overcomes the Highways Section previous concern in respect of access and parking and therefore the scheme is generally compatible with the policy.
PAGE 20 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
CONCLUSION
The application is referred to Committee at the request of the Ward Member and to consider the objections from local residents.
It is considered that the revised access and sketch layout have overcome the previous highway concerns and notwithstanding the other objections raised by neighbouring occupiers, the scheme is acceptable in terms of visual and residential amenity and highway safety.
AMENDMENT SHEET
The Highways Department has provided revised observations, which clarify the vision requirements for the site access. This has been assessed as 2m x 33m to the North (commensurate with 20 mph), and 2m x 45m to the south (commensurate with 25mph), with a southerly vision splay projected to 2m. From the carriageway edge a vision of 43m can be achieved to the south, which is considered adequate given the width of Cwm Ffoes/Bankers Hill, and the proposal also includes bilingual "slow" road markings to warn drivers of potential hazards. It is recommended that an additional condition be attached to any consent.
Recommendation
Add condition 4
4. No structure, erection or planting exceeding 0.9 metres in height above adjacent carriageway level shall be placed within the identified vision splay areas.
Reason : In the interests of highway safety.
(Policy T2 - Bridgend Unitary Development Plan)
REPORT OF SITE VISIT PANEL
The Chair, Vice Chair and the local Member inspected the site on 30th March 2006. It was the opinion of the Panel that the Officer's report adequately described the proposal and the site circumstances.
The issue of the developments impact on neighbouring properties in Dale View has been reconsidered and it is recommended that a further condition be attached regarding the siting of the dwelling so as to safeguard the residential amenity of these neighbouring properties.
In addition since the preparation of reports Cefn Cribbwr Community Council have provided the following observations:-
"Council felt that this development would impinge on the privacy of the residents of Dale View. This site has been previously designated as a children's Play Area which is very important considering the poor pedestrian access to Dale View." PAGE 21 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
RECOMMENDATION:
That permission be GRANTED subject to the following condition(s) in addition to the standard conditions:-
1 Detail plans shall provide that no window to a habitable room of the proposed dwelling shall directly face such a window of another dwelling at a distance of less than 21m. A habitable room includes a bedroom, lounge, living room, dining room, study and kitchen but not a bathroom, hall or utility room.
Reason: In the interests of privacy.
(Policy EV45 of Bridgend Unitary Development Plan)
2 The carriageway of the proposed new access road shall be not less than 3.65m wide to serve the proposed development and completed in permanent materials prior to the dwelling being brought into beneficial occupation.
Reason: In the interests of highway safety.
(Policy H5 of Bridgend Unitary Development Plan)
3 The dwelling shall not be occupied until the "SLOW/ARAF" road markings on Cwm Ffoes/Bankers Hill as shown on the submitted layout plan have been implemented.
Reason: In the interests of highway safety.
(Policy H5 of Bridgend Unitary Development Plan)
4 No structure, erection or planting exceeding 0.9 metres in height above adjacent carriageway level shall be placed within the identified vision splay areas.
Reason : In the interests of highway safety.
(Policy T2 - Bridgend Unitary Development Plan)
5 This permission does not extend to the illustrative layout (Drawing No. 05.06/02) and the precise siting of the dwelling shall be agreed as part of the submission of detail plans.
Reason: To safeguard the residential amenities of neighbouring properties.
(Policy EV45 of the Bridgend Unitary Development Plan)
6 * THE FOLLOWING ARE ADVISORY NOTES NOT CONDITIONS (AS ABOVE)
PAGE 22 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
a. With regard to condition 2 you are advised that concrete, tarmacadam or brick paviours are acceptable permanent materials but gravel chippings are not.
b. Rainwater run-off shall not discharge into the highway surface-water drainage system. Failure to ensure this may result in action being taken under Section 163 of the Highways Act 1980.
c. Before creating, altering or reinstating any vehicular crossover, constructional details must be agreed with the Highway Maintenance Manager. You should contact Mr R G Jenkins, Consultancy Division, Bridgend County Borough Council, Morien House, Bennett Street, Bridgend Industrial Estate, telephone no. 01656 642541.
d. The developer is advised to set back the dwelling at least 10.5 metres from the boundary with dwellings in Dale View.
P/06/137/OUT MR E J GIFFORD PER JENKINS GOULD PTNP UNION OFFICES QUARELLA ROAD BRIDGEND CF31 1JW REAR OF 29-32 DALE VIEW CEFN CRIBBWR BRIDGEND CF32 0DE ERECTION OF DETACHED DWELLING - Affecting Footpath 30 (formerly Laleston) now Cefn Cribwr. Application Received : 3rd February 2006
A decision was deferred by Committee on 16th March 2006 in order that the Site Panel could take please. The Chair and Vice Chair together with the local Member were present at the inspection on 30th March 2006. My original report together with amendments is reproduced below:-
Site Inspected : 13th February 2006
Community Council Observations: Notified 7th February 2006
Report:
SITE APPLICATION/DESCRIPTION
The application seeks consent for the erection of a detached dwelling on land to the rear of 29-32 Dale View, Cefn Cribbwr. The application seeks consent for the principle of the development and reserves all matters except access and siting of buildings for future consideration. The applicant's agent has submitted the following statement in support of the application:- PAGE 23 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
"The proposed site is at the end of John Street, Cefn Cribbwr alongside an existing recently constructed dwelling and is at the rear of the existing residential settlement of Dale View.
The previous Planning Application was withdrawn as it was discovered that some of the residents in Dale View had moved their rear boundaries onto our Client's land. All of these people have now been contacted and informed that they will have to revert to their legal boundaries. It is considered that the development of the site will constitute a logical rounding of the existing residential development in John Street.
It is proposed to erect a detached two storey dwelling house on the site. The proposed site is approximately 750 square metres in area and it will very easily accommodate a substantial detached dwelling house of 160 square metres together with more than adequate amenity space and car parking space within the curtilage of the site for at least six cars with adequate turning area so that delivery, service and emergency vehicles will be able to enter and leave the site in forward gear.
There is an unmade footpath crossing the site and it is intended to create a minor diversion of this footpath. It has been agreed with your department that the new footpath will be 2000 wide and it will cross the proposed site between the rear boundaries of the existing dwellings and the boundary to the proposed dwelling."
The proposed access will be at the head of John Street via an existing vehicular access to the site and the amended access will be laid out to the satisfaction of the Highway Department.
It is proposed that the eventual detail design will utilize traditional construction materials that will harmonize with the materials used in the existing surrounding dwellings.
RELEVANT HISTORY
05/288 - Erect detached dwelling - Withdrawn 10/05/05
PUBLICITY
The application has been advertised on site and in the local press as a development that does not accord with the Unitary Development Plan. Properties in Dale View have been individually notified. The period for consultation response expired 7th March 2006.
NEGOTIATIONS
The applicant's agent was contacted on 7th March 2006 and advised that part of the application site lies outside the settlement boundary. Whilst it is noted that the proposed buildings will be within the settlement limit it was suggested that the application site be amended to omit part of the proposed rear garden area so that the entire site would be within the designated settlement boundary. Revised plans were submitted on 8th March 2006.
CONSULTATION RESPONSES
PAGE 24 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
The Engineering Section advise that any soakaways to be used for the disposal of surface water from the development must be designed to meet the requirements of BRE Digest 365.
Western Power Distribution have provided a map extract indicating the location of their apparatus and safe working procedures.
The Environment Agency and the Assistant Director Public Protection raise no objections.
Wales and West Utilities have advised of the location of gas pipes in the vicinity of the application site. Subject to conditions, the Highways Section raised no objections to the submitted proposals.
REPRESENTATIONS RECEIVED
Councillor H David considers that the application should be referred to Committee as a development that impacts a footpath and does not accord with the adopted Unitary Development Plan. Four local residents have objected to the proposed developments. The grounds of objection can be summarised as follows:- a. Impact on privacy particularly of rear gardens. b. Development would cause problems with flooding and drainage. c. Fear that making up of ground levels could cause subsidence. d. Conflict between pedestrians and access using the link between John Street and Dale View. e. Land is considered to be agricultural or countryside. f. Impact on electricity post. g. Adverse impact on vehicular access to properties at eastern end of John Street from proposed turning area. h. One resident considers that this applicant has been refused consent for a similar development elsewhere in Dale View as that this proposal would be a mirror image of that but affecting John Street rather than Bankers Hill. i. A considerable amount of information has been submitted by one resident of John Street detailing attempts to have the area the subject of the application brought up to standard and adopted by the Council together with the provision of turning facilities and maintenance of the highway fronting his property. There is a concern that any development of this land will cause disturbance, distress and danger to this resident, who is disabled, his family and visitors.
COMMENTS ON REPRESENTATIONS RECEIVED
The following comments are provided in response to the observations received from neighbouring occupiers:-
1. A submitted layout which accompanied the application shows that a dwelling can be satisfactorily sited so as to meet the Authority's privacy standards.
2. The Engineering Section have not expressed concerns regarding drainage issues.
PAGE 25 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
3. The application is currently in outline seeking the principle of the development of the land and therefore details of the exact levels of the proposed dwelling have been reserved for future consideration. The concern regarding subsidence is considered premature at this stage.
4. The access arrangements are considered satisfactory by the Highways Department.
5. The amended plan overcomes this concern by limiting the site to be within the settlement boundary.
6. The developer would be advised to liase with Western Power regarding the electricity pole.
7. The turning head and access arrangements are considered by the Highways Department satisfactory and will go some way to improving the existing situation at the eastern end of John Street. The development the subject of this application is considered different to that elsewhere in Dale View and in any event each application is assessed on its individual merits.
8. The issues relating to previous attempts to have the area the subject of the application upgraded and adopted by the Authority are noted but these are not considered material to the assessment of the planning merits of this case. Whilst it is appreciated that there may be some disturbance during the course of construction occasioned to residents at this end of John Street, these are likely to be of temporary duration and should not so significantly inconvenience the objector. Concerns regarding noise nuisance and construction safety would be matters to be dealt with by the Assistant Director Public Protection and Building Control Section and any obstruction of access to the objector's property would be a police matter.
APPRAISAL
The application seeks consent for the principle of erecting a detached dwelling on land to the rear of Nos 29 - 32 Dale View, Cefn Cribbwr. Access to the land is to be obtained from the south of the site and will link into a turning head required to be provided in connection with development of a dwelling on the adjoining land approved under consent 04/1285. The land is currently a scrub area lying to the west of Nos. 29 - 32 Dale View and slopes from south to north. Some of the residents of these dwellings appear to have enclosed part of the land with post and wire fencing.
The land now lies entirely within the settlement boundary for Cefn Cribbwr as defined by the Bridgend Unitary Development Plan. The submitted layout shows that the proposed dwelling together with its detached garage would be within the settlement and would be generally in accord with Development Plan Policy.
The following development plan policies have been considered in the assessment of this application:-
Bridgend Unitary Development Plan
Policy H4 - Small Scale Housing in Smaller Settlements PAGE 26 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
Policy H5 - Urban Restoration/Conversion of Buildings for Housing Policy EV45 - New Development Design
CONCLUSION
The application is referred to Committee at the request of the Ward Member and to allow consideration of the objections received from local residents.
It is considered that notwithstanding the concerns expressed by the Ward Member and local residents, the development is acceptable in terms of visual and residential amenity and highway safety and therefore can be favourably recommended.
AMENDMENT SHEET
The following policies were considered in the assessment of the application and should have been included in my appraisal:-
Policy EV12 - Development outside settlement boundaries
In addition, Dwr Cymru Welsh Water have suggested conditions which would be attached to any consent as advisory notes.
The occupier of No.35 Dale View has objected to the outline planning application, which has the effect of re-routing a footpath which currently runs through the rear gardens of the objector's property. The grounds of objection can be summarised as follows:- a. Unaware that footpath existed in this location. b. The original developer of Dale View should have been required to re-route the path. c. An acceptable access running between Nos. 28 and 29 provides access between John Street and Cwm Ffoes. This route goes to the front of the dwellings in Dale View and is, therefore, more secure. d. A footpath running at the rear of these properties, where none previously existed, would cause security problems making access easier for burglars etc. e. Squeezing in houses and paths will spoil the area and the view. f. There is no need for the path. g. The application does not state that there will be a garage sited at the rear of my house, but a map shows there is a garage.
In response to the concerns raised the following comments are provided:-
Notwithstanding that the objector was not aware of the existence of the path, the public right of way runs through the rear gardens of Nos. 29 - 37 Dale View. Whilst it would seem logical that the original developer of Dale View should have re-routed the path, that PAGE 27 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
opportunity has now passed and the submitted pans indicate the provision of a strip of land running along the eastern boundary of the application site for the provision of the re-routed footpath. The remainder of the route runs to the north of the properties in Dale View and not immediately abutting the rear boundaries of these dwellings. It is therefore considered that the security risk would not be so significantly increased as to warrant refusal. The application site lies to the west of the objector's property and will not interrupt current views from the rear of his property. Loss of view is, in any event, not a material planning consideration. The final comment is not fully understood as the application is in outline, and the submitted plans clearly indicate a location for the house and garage.
Recommendation
Add the following additional notes to any consent. j. Foul water and surface water discharges must be drained separately from the site. k. No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system. l. No land drainage run-off will be permitted, either directly or in-directly, to discharge into the public sewerage system. m. If a connection is required to the public sewerage system, the developer is advised to contact the Dwr Cymru Welsh Water's Network Development Consultants on Tel: 01443 331155.
Since preparation of the report Cefn Cribbwr Community Council have provided the following observations:-
Council felt that this proposal constituted development in the countryside. Also that John Street was already badly congested so Council where desirous not to make this problem worse. Council felt very strongly that if this development were permitted assurance must be forthcoming from the developer as to the creation of a turning area at the East end of John Street.
SITE VISIT PANEL
The Panel were of the opinion that the Officer's report adequately described the proposal and site circumstances. Further consideration has been given to the diversion of the footpath and a revised block plan showing the footpath running along the western and northern boundary of the application site is to be submitted prior to Committee.
RECOMMENDATION:
That permission be GRANTED subject to the following condition(s) in addition to the standard conditions:-
1 Detail plans to be submitted shall be laid out in accord with the 1:500 scale block plan submitted as part of this application. PAGE 28 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
Reason: To ensure that the development relates appropriately to the site and the surrounding area.
(Policy H4 of Bridgend Unitary Development Plan)
2 Detail plans shall provide that no window to a habitable room of the proposed dwelling shall directly face such a window of another dwelling at a distance of less than 21m. A habitable room includes a bedroom, lounge, living room, dining room, study and kitchen but not a bathroom, hall or utility room.
Reason: In the interests of privacy.
(Policy EV45 Bridgend Unitary Development Plan)
3 The plans and particulars submitted in accordance with the reserved matter in respect of landscaping above shall include:-
(a) a plan showing the location of, and allocating a reference number to, each existing tree on the site which has a stem with a diameter, measured over the bark at a point 1.5 metres above ground level, exceeding 75mm, showing which trees are to be retained and crown spread of each retained tree;
(b) details of the species, diameter (measured in accordance with paragraph (a) above), and the approximate height, and an assessment of the general state of health and stability, of each retained tree and of each tree which is on land adjacent to the site and to which paragraphs (c) and (d) below apply;
(c) details of any proposed topping or lopping of any retained tree, or of any tree on land adjacent to the site;
(d) details of any proposed alterations in existing ground levels, and of the position of any proposed excavation, within the crown spread of any retained tree or of any tree on land adjacent to the site.
(e) details of the specification and position of fencing and of any other measures to be taken for the protection of any retained tree from damage before or during the course of development.
In this condition "retained tree" means an existing tree which is to be retained in accordance with the plan referred to in paragraph (a) above.
Reason: To maintain and improve the appearance of the area in the interests of visual amenity, and to promote nature conservation.
(Policies EV20 and EV45 Bridgend Unitary Development Plan)
4 The plans and particulars submitted in accordance with the reserved matters in respect of landscaping above shall include details of the size, species, and positions PAGE 29 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
or density of all trees to be planted, and the proposed time of planting.
Reason: To maintain and improve the appearance of the area in the interests of visual amenity, and to promote nature conservation.
(Policies EV20 and EV45 Bridgend Unitary Development Plan)
5 The development hereby approved shall be served by a single means of access from John Street.
Reason: In the interests of highway safety
(Policy H5 - Bridgend Unitary Development Plan)
6 The carriageway of the proposed new private access drive shall be not less than 3.65 metres wide to serve the proposed development.
Reason: In the interests of highway safety.
(Policy H5 - Bridgend Unitary Development Plan)
7 No works shall commence on site until such time as a turning facility complete with pedestrian facilities is provided on John Street. Details to be submitted to and approved in writing by Local Planning Authority.
Reason: In the interests of highway safety.
(Policy: H5 - Bridgend Unitary Development Plan)
8 Prior to the approved development being brought into beneficial use, turning facilities shall be provided within the curtilage and retained thereafter on the site in accordance with details to be submitted to and approved in writing by the Local Planning Authority so as to enable vehicles to enter and leave in a forward gear.
Reason: In the interests of highway safety
(Policy H5 - Bridgend Unitary Development Plan)
9 * THE FOLLOWING ARE ADVISORY NOTES NOT CONDITIONS (AS ABOVE)
a. With regard to Condition (5), you are advised that concrete, tarmacadam or brick paviours are acceptable permanent materials but gravel and chippings are not.
b. Off-street parking shall be provided within the site in accordance with details to be submitted and approved in writing by the Local Planning Authority.
PAGE 30 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
c. Rainwater run-off shall not discharge into the highway surface-water drainage system. Failure to ensure this may result in action being taken under Section 163 of the Highways Act 1980.
d. Before creating, altering or reinstating any vehicle crossover, constructional details must be agreed with the Highway Maintenance Manager. You should contact Mr R G Jenkins, Consultancy Division, Bridgend County Borough Council, Morien House, Bennett Street, Bridgend Industrial Estate, Telephone no. (01656) 642541.
e. Footpath 30 runs through the site and should be maintained at all times.
f. The new access for the dwelling has been shown to link into a proposed turning area that required as part of a recent outline planning application. (P/04/1285/OUT) on adjacent land to the proposed dwelling.
g. Footpath 30 runs through the site and is proposed to be diverted around the new dwelling.
h. The developer of the site that is the subject of this application is advised to liase with the applicant of 04/1285 as both effectively share a liability to provide an adoptable turning facility at the end of John Street to cater for traffic attracted to the respective sites. Details of the arrangement will need to be submitted before any works commence on site.
i. The developer is advised to liaise with Western Power regarding repositioning/removal of the electricity pole.
j. Foul water and surface water discharges must be drained separately from the site.
k. No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system.
l. No land drainage run-off will be permitted, either directly or in-directly, to discharge into the public sewerage system.
m. If a connection is required to the public sewerage system, the developer is advised to contact the Dwr Cymru Welsh Water's Network Development Consultants on Tel: 01443 331155
P/06/224/OUT MANN CONSTRUCTION LTD PER DAVIES EVANS PTNP KINGSWAY HOUSE BANK BUILDINGS BRIDGEND IND ESTATE BRIDGEND CF31 3SB 54 HEOL FACH NORTH CORNELLY BRIDGEND CF33 4LN PAGE 31 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
DEMOLISH EXISTING DEFECTIVE SINGLE STOREY DWELLING & ERECT 2 DWELLINGS ~ RE- SUB OF REFUSAL 05/382/OUT Application Received : 22nd February 2006
Site Inspected: 9th March 2006
Community Council Observations:
"Whilst my Members had no objection in principle to the works described in outline in the application, they are concerned that your Council's previous refusal was, I understand, based on concerns about access for traffic and road safety.
Recent highway works in the vicinity of this proposed development have, if anything, made the question of road safety even more pertinent. Access to Heol Fach itself from side roads has been made more dangerous by efforts to extend parking facilities and the road is used by large numbers of heavy lorries on a frequent basis.
Members are not convinced that sufficient could be done to improve the visibility splay from Caroline Avenue to make access from the proposed new properties safe and, of course, more vehicle movements inevitably means more danger for road users.
Members are therefore concerned that a solution to the access should be found before permission is granted so that ingress to and egress from the premises can be achieved safely."
Report:
DESCRIPTION OF DEVELOPMENT
The application proposes the demolition of the existing bungalow to allow for the construction of two dwellings. The application is in outline with all matters reserved for future consideration. An illustrative layout has been submitted with the application documents which show that part of Caroline Avenue which abuts the application site is to be resurfaced and widened with some realignment to allow improvement of the junction with Heol Fach.
The applicant's agent has submitted the following statement in support of the application:-
The Site
No 54. Heol Fach, North Cornelly is an existing bungalow which has a large rear garden, and is situated between Heol Dylan and Heol Llan alongside Heol Fach. The lane access which runs parallel to the site leads to Heol Degwm and Plumley Close is in a poor state of repair and it is the intention of the developer to upgrade this access road and improve the junction to Heol Fach.
Design
The existing bungalow is in a very poor state of repair with the roof and outside walls clad in coloured corrugated metal sheeting. PAGE 32 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
The dwelling is located on a very large plot of land which would easily accommodate 2 No. detached dwellings as the submitted site plan indicates.
The proposed layout will incorporate a new junction off Heol Fach and the lane will be widened to 4.80m with a 1.5m pavement on one side which will terminate at the top of the site.
The proposed houses will be four bedroom dwellings, traditionally designed with the external elevational treatment of the properties sympathetic to their surroundings and will reflect the use of good quality facing brickwork. The houses and the garages will have pitched roofs using carefully selected concrete tiles to compliment the choice of brickwork.
The private driveways serving the dwellings will be finished in textured clay paviours with an adequate turning area within the plot to enable the vehicles to enter the lane in a forward gear.
The front gardens will be turfed and landscaped to a reasonable standard.
RELEVANT HISTORY
05/382 - Demolish bungalow and erect 3 No. dwellings was refused on 10/5/05 for the following reasons:-
1. The proposed additional use of the substandard access road will create traffic hazards to the detriment of highway safety contrary to Policy T5 of the Ogwr Borough Local Plan and Policy T2 of the Bridgend Unitary Development Plan.
2. The junction of Caroline Avenue and Heol Fach lacks adequate visibility to serve the proposed development and an intensification of turning movements at this location would create traffic hazards to the detriment of highway safety contrary to Policy T5 of the Ogwr Borough Local Plan and Policy T2 of the Bridgend Unitary Development Plan.
PUBLICITY
Neighbours have been notified of the receipt of the application and a notice has been displayed near the site. The period of consultation response expired 30th March 2006.
CONSULTATIONS RESPONSES
Western Power Distribution have provided information relating to the location of their apparatus and advise that safe working procedures should be practised.
The Assistant Director Public Protection has no observations to make and the Engineering Section advises that the soakaways to be used for the disposal of surface water must be designed to the requirements of the BRE Digest 365.
The Environment Agency raises no objections to the application.
Wales and West Utilities have provided information in respect of gas pipelines in the vicinity of the site. PAGE 33 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
The Highways Department raises no objections subject to conditions.
Welsh Water have requested the inclusion of advisory notes on any consent the Authority are minded to grant.
REPRESENTATIONS RECEIVED
The occupiers of Nos. 57, 61 - 63 and 52 Heol Fach support the proposal. The occupier of The Bungalow, 2A Heol Llan makes the following observation:-
1. I have no objection in principle to a suitable, in keeping re-development of the site.
2. I have been informed that the lane, Caroline Avenue is a non-maintainable highway, however highway rights exist up to the rear boundary of my property. I understand that the ownership of Caroline Avenue was purchased by the Ogwr Borough Council and has now been transferred to Valleys to Coast Housing Association. If the lane is to be realigned to improve the access, I trust that all highway rights currently enjoyed will be extended over the area of the realigned lane where it enters the land ownership of No. 54 Heol Fach.
3. On the submission of any detailed application, I would be grateful to receive details of the proposed ground levels in relation to adjoining properties. a. of slab and roof levels of the proposed houses b. particularly adjacent to my boundary wall and garage to ensure there is no undercutting or surcharge to the walls
4. I would be grateful to know what the proposals are in the area of the boundary hedge between my garden and No. 54 Heol Fach.
5. I trust the size, position and density of the houses will be in keeping with existing buildings adjacent to this development.
COMMENTS ON REPRESENTATIONS RECEIVED
The following comments are provided in response to the representations received:- a. Subject to condition, requiring the submission of details of a satisfactory access prior to the commencement of development with the development being undertaken in accordance with the approved details the concerns relating to access can be resolved. b. The application is currently in outline with all matters reserved for future approval and therefore details of ground levels and boundary treatment etc would be matters to be addressed during the submission of reserved matters or an application for full consent. c. The illustrative layout that accompanies this submission shows that two dwellings can be reasonably accommodated on the land and providing adequate parking and amenity space whilst respecting the privacy of existing property.
APPRAISAL PAGE 34 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
The application seeks consent for the principle of developing an area of land on the south- western side of Heol Fach, North Cornelly.
The application site comprises a roughly rectangular piece of land located on the south- western side of Heol Fach, North Cornelly. A single storey bungalow type structure currently occupies approximately half of the site nearest Heol Fach with the remainder of the site laid to grass. A block wall between 1 - 1.5m in height run along the north-eastern and north-western boundaries. The south-eastern boundary comprises a mature hedge approximately 1.5m in height. The land slopes gently so that the rear of the site lies at a higher level than the existing bungalow structure and the road.
Policy H12(1) of the Ogwr Borough Local Plan and Policy H3 of the Bridgend Unitary Development Plan permits small scale infill within designated boundaries of the main settlements. In addition, Policy H5 states:-
IN URBAN AREAS, AS DEFINED IN POLICIES H3 AND H4, DETAILED PROPOSALS FOR THE RESTORATION OR CONVERSION OF EXISTING BUILDINGS AND VACANT FLOORSPACE, OR THE RE-USE OF VACANT OR UNDER-UTILISED LAND FOR RESIDENTIAL DEVELOPMENT WILL BE PERMITED ONLY WHERE:-
1. THE FORM BUILD AND DESIGN OR ANY RESTORED OR CONVERTED BUILDINGS ARE IN KEEPING WITH THEIR SURROUNDINGS;
2. THE CHARACTER, DESIGN, MATERIALS OF EXISTING OR ADJOINING BUILDINGS ARE RESPECTED, PARTICULARLY WHERE THEY HAVE ARCHITECTURAL, HISTORIC OR GROUP VALUE;
3. RESIDENTIAL AMENITY IS NOT COMPROMISED;
4. THERE IS SATISFACTORY PROVISION OF ACCESS, PARKING, UTILITY SEVICES AND AMENITY SPACE.
CONCLUSION
The application is referred for Committee to consider the observations of the Community Council.
The application seeks consent for the principle of development of this site for two dwellings with all matters reserved. The proposal is considered to be generally compatible with the development plan policy although issues relating to form, bulk, design or materials cannot be assessed at this stage. It is considered that subject to conditions regarding details of satisfactory access arrangements to be submitted to and agreed with the Local Planning Authority prior to development commencing approval can be recommended.
RECOMMENDATION:
That permission be GRANTED subject to the following condition(s) in addition to the standard conditions:-
PAGE 35 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
1 No development shall commence on site until an access not less than 4.8 metres wide, complete with turning facilities to cater for calling delivery and service vehicles in a manner to be agreed in writing with the Local Planning Authority has been provided.
Reasons: In the interests of highway safety
(Policy H5 - Bridgend Unitary Development Plan)
2 The proposed means of access shall be laid out with 6 metre radius kerbing on either side of the entrance constructed and retained in permanent materials as agreed in writing by the Local Planning Authority with vision splays of 4.5m x 70m site frontage before the development is brought into beneficial use.
Reasons: In the interests of highway safety.
(Policy H5 - Bridgend Unitary Development Plan)
3 Prior to the approved development being brought into beneficial use, turning facilities shall be provided within the curtilage and retained thereafter on the site in accordance with details to be submitted to and approved in writing by the Local Planning Authority so as to enable vehicles to enter and leave in a forward gear.
Reason: In the interests of highway safety
(Policy H5 - Bridgend Unitary Development Plan)
4 Detail plans shall provide no window to a habitable room of the proposed dwelling shall directly face such a window of another dwelling at a distance of less than 21m. A habitable room includes a bedroom, lounge, living room, dining room, study and kitchen but not a bathroom, hall or utility room.
Reason : In the interests of privacy.
(Policy EV45 of Bridgend Unitary Development Plan)
5 No development shall take place until details of the proposed floor levels of the building in relation to existing ground levels and the finished levels of the site have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason: To ensure that the development relates appropriately to the topography of the site and the surrounding area.
(Policy EV45 of Bridgend Unitary Development Plan)
PAGE 36 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
6 No development shall take place until there has been submitted to and approved in writing by the local planning authority a plan indicating the positions, design, materials and type of boundary treatment to be erected.
Reason : To ensure that the general amenities of the area are protected.
(Policy EV45 of the Bridgend Unitary Development Plan)
7 * THE FOLLOWING ARE ADVISORY NOTES NOT CONDITIONS (AS ABOVE)
a. Off street parking, both operational and non-operational must be provided to the satisfaction of the Local Planning Authority and your attention is drawn to the 1993 'Parking Guidelines' standards.
b. Rainwater run-off shall not discharge into the highway surface-water drainage system. Failure to ensure this may result in action being taken under section 163 of the Highways Act 1980.
c. It is understood that the access road to be realigned is now owned by Valleys2Coast and it is assumed that the diversion required will not adversely impact upon the access rights of existing residences.
d. Foul water and surface water discharges must be drained separately from the site.
e. No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system.
f. No land drainage run-off will be permitted, either directly or in-directly, to discharge into the public sewerage system.
g. Wales and West Utilities should be contacted regarding the location of gas pipelines in the vicinity of the site.
h. Western Power Distribution should be contacted regarding the location of electricity lines in the vicinity of the site.
P/06/277/OUT MR JOHN HOPKINS PER MARTIN PHILLIPS 3 MERTHYR MAWR ROAD BRIDGEND CF31 3NH
1 PWLL EVAN DDU COITY BRIDGEND CF35 6AY RESIDENTIAL DEVELOPMENT OF ONE DWELLING PAGE 37 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
Application Received : 2nd March 2006
Site Inspected : 23 March 2006
Community Council Observations : Object to the proposal as follows:-
"Over the past few years there have been two developments at the entrances to Pwll Evan Ddu and both have been out of character with the rest of the development and therefore detrimental to the street scene.
No 44 is opposite No 1 and occupies a similar corner plot and is near to the entrance to Coity Castle. The recent development at no 44 has not only be detrimental to the street scene but it has been impaired the visual amenity offered to persons entering the Village via Heol Spencer and it has also detracted from the purpose and worth of the Conservation Area.
A further development in the garden of No 1 will only exacerbate the situation and cause further damage to the street scene of this small development and the Conservation Area. Consequently the Community Council requests the Planning Authority to refuse this application."
Report:
DESCRIPTION OF DEVELOPMENT
The proposal is for outline planning permission for residential development. All matters are reserved for subsequent approval.
The site is located at the eastern end of Pwll Evan Ddu and is the final property before the junction with Heol Spencer. The site measures approximately 0.03 hectares in area with the land sloping down from north to south.
RELEVANT HISTORY
PE/1095/2005 - Building plot in side garden:
Advised:
"The site does lie within the settlement of Coity and under the terms of policy H4 of the Unitary Development Plan housing may be permitted but only where
1. The form, bulk and design of any restored or converted buildings are in keeping with their surroundings;
2. The character, design and materials of existing or adjoining buildings are respected, particularly where they have architectural, historic or group value;
3. Residential amenity is not compromised;
PAGE 38 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
4. There is satisfactory provision for access, parking, utility services and amenity space.
On the basis of the limited information submitted it is difficult to give an opinion as to the acceptability of the proposed development. Should however your clients pursue an application in the future the criteria of the aforementioned policy will be relevant. Early discussions regarding design of this scheme particularly having regard to the close proximity of the Coity Conservation Area would be advisable."
NEGOTIATIONS
None
PUBLICITY
Neighbours have been consulted and the proposal advertised on site. The period allowed for responses to publicity expired on the 29 March 2006.
CONSULTATION RESPONSES
The Assistant Director Transportation & Engineering has no objection to the proposal subject to conditions regarding the access.
REPRESENTATIONS RECEIVED
Councillor Radford considers that the application can be determined under officer delegated power.
The occupier of 44 Pwll Evan Ddu objects to the proposal as follows:-
"There is currently a parking problem at this site primarily due to Chappell Row residents parking their vehicles at Pwll Evan Ddu, this added to residents vehicles, poses enough problems already without extra vehicles which would certainly occur with another development. My gates are regularly blocked off preventing access to/from my property (No 44). Any more cars will compound the issue even more as a result, I think this development should be rejected".
The occupier of Nefyn, Heol Spencer has "no objection in principle to the building of a domestic property in the garden of No 1 Pwll Evan Ddu, Coity, providing it is confined to one storey i.e, a bungalow. A bungalow would be in accord with the existing row of bungalows to which it would be added".
COMMENTS ON REPRESENTATIONS RECEIVED
Each application is treated on its own merits and off street parking will be a requirement of any consent. The design of the house will be a matter for further approval and should reflect the surrounding area whilst respecting the adjacent Conservation Area.
APPRAISAL
The application is in outline with no details provided. Nevertheless, the site seems to have PAGE 39 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
an adequate area (approximately 300 square metres) for a single dwelling provided that a satisfactory vehicular access can be achieved.
The site does lie within the settlement of Coity and under the terms of Policy H4 of the Unitary Development Plan housing may be permitted but only where:
1. THE FORM, BULK AND DESIGN OF ANY RESTORED OR CONVERTED BUILDINGS ARE IN KEEPING WITH THEIR SURROUNDINGS;
2. THE CHARACTER, DESIGN AND MATERIALS OF EXISTING OR ADJOINING BUILDINGS ARE RESPECTED, PARTICULARLY WHERE THEY HAVE ARCHITECTURAL, HISTORIC OR GROUP VALUE;
3. RESIDENTIAL AMENITY IS NOT COMPROMISED;
4. THERE IS SATISFACTORY PROVISION FOR ACCESS, PARKING, UTILITY SERVICES AND AMENITY SPACE.
The site is outside, but immediately adjacent to, the Coity Conservation Area and Policy EV37 of the Bridgend Unitary Development Plan states:
DEVELOPMENT ON LAND ADJACENT TO A CONSERVATION AREA WILL ONLY BE PERMITTED IF IT WOULD PRESERVE OR ENHANCE THE SETTING OF THE CONSERVATION AREA, AND VIEWS IN AND OUT OF IT.
If outline consent is granted, the design of a satisfactory dwelling for this site will need to pay particular attention to the character of the Conservation Area and its setting, because the site is on a road frontage to Heol Spencer and is also a corner site. The dwelling, therefore, will be particularly prominent in the street scene. It should be expected that the dwelling would reinforce local character in terms of its form, materials and details.
CONCLUSION
The application is referred to Committee in view of the objections received.
Notwithstanding the representations received, it is considered that a dwelling can be accommodated within the site in compliance with the relevant policies and the principle of a dwelling on the site is, therefore, acceptable.
RECOMMENDATION:
That permission be GRANTED subject to the following condition(s) in addition to the standard conditions:-
1 The development shall be limited to one dwelling.
Reason : For the avoidance of doubt as to the extent of the permission granted and in the interests of highway safety.
PAGE 40 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
(Policies H5 and H4 - Bridgend Unitary Development Plan)
2 The detailed plans to be submitted shall include details of an access, onto Pwll Evan Ddu, no less than 15m from the junction of Pwll Evan Ddu/Heol Spencer.
Reason : In the interests of highway safety.
(Policy H5 - Bridgend Unitary Development Plan)
3 No window to a habitable room of the proposed dwelling shall directly face such a window of another dwelling at a distance of less than 21m. A habitable room includes a bedroom, lounge, living room, dining room, study and kitchen but not a bathroom, hall or utility room.
Reason : In the interests of privacy.
(Policy EV45 - Bridgend Unitary Development Plan)
4 * THE FOLLOWING IS AN ADVISORY NOTE NOT A CONDITION (AS ABOVE)
The application site is adjacent to the Coity Conservation Area and will have a significant effect on the Conservation Area, by virtue of its prominent location on the junction of Pwll Evan Ddu/Heol Spencer. It is recommended that early discussion with officers of the planning department be undertaken, before the submission of an application for reserved matters, to ensure that the design of the new dwelling is appropriate for its location.
The following should be prepared for any meeting:-
- The vision for the proposed dwelling.
- How the proposal preserves or enhances the character or appearance of the Coity Conservation Area.
- How the proposal respects the residential amenity of adjacent houses and how it maximises the residential amenity for the residents of the proposed dwelling.
P/06/323/OUT MR P LEWIS PER DAVIES EVANS PTNP KINGSWAY HOUSE, BANK BUILDINGS BRIDGEND IND ESTATE BRIDGEND CF31 3SB REAR OF HILLCREST PEN Y BRYN ROAD PAGE 41 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
BRYNMENYN BRIDGEND CF32 9HT BUILDING PLOT TO REAR OF HILLCREST FOR ONE PROPERTY Application Received : 13th March 2006
Site Inspected: 21 March 2006
Community Council Observations: Have no observations/objections - the only provison being that the proposal does not interfere with the privacy of nearby residential properties.
Report:
DESCRIPTION OF DEVELOPMENT
Outline planning consent is sought for a dwelling on the sub-divided garden area of the property known as 'Hillcrest'. The plot which measures approximately 958 square metres forms part of the current rear garden and is adjoined by the respective garden areas of 'Foxhollows' and 'Tree Tops' and two existing private driveways. All matters of detail are reserved for future consideration apart from means of access. This will involve the creation of a 4.5m wide private drive direct from Pen y Bryn Road and positioned some 7m from the side elevation of 'Hillcrest' and adjacent to the existing unadopted lane serving the houses on Pen y Bryn Terrace.
RELEVANT HISTORY
No previous applications have been submitted for development on this land. The Authority are currently considering a similar application for a dwelling in the rear garden of the property known as 'Tree Tops', (code no. P/06/323/FUL refers).
PUBLICITY
The application has been advertised on site. Individual letters of notification have also been sent to the occupiers of neighbouring property. The period allowed for responses to the publicity undertaken expired on 10 April 2006.
NEGOTIATIONS
None
CONSULTATION RESPONSES
The Assistant Director - Transportation and Engineering has provided comments in respect of the proposed drainage. The Authority are not aware of any separate surface water pipe system serving this area. Details of the means of surface water disposal are therefore required. The location or route of the drain is not indicated on the submitted plan.
The Assistant Director - Public Protection has no observations to make.
Western Power Distribution have no apparatus affected by the development. PAGE 42 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
REPRESENTATIONS RECEIVED
Five letters of objection have been received from local residents with the following being a summary of the concerns raised:-
(i) Development will detract from the character of this semi-rural area.
(ii) Dwelling will overlook neighbouring properties resulting in a loss of privacy.
(iii) Loss of view of woodland area.
(iv) No requirement for additional dwelling.
(v) Problems with capacity of sewers in the area.
(vi) Widening of the existing lane will result in the removal of existing hedgerow alongside the lane.
(vii) Development should not prejudice the applications on the adjoining lane or obstruct the existing access to Tree Tops / Foxhollows.
(viii) Disturbance from building.
COMMENTS ON REPRESENTATIONS RECEIVED
(i) Pen y Bryn Terrace and the land to the rear is semi-rural in character but does lie within the settlement boundary of Brynmenyn/Bryncethin. In principle there is no objection to this "infill" development.
(ii) The siting and design of the dwelling are reserved for future consideration but given the proportions of the plot and the likelihood of the dwelling being centrally positioned, the amenities of neighbours should be safeguarded. Orientation would be critical to ensure that habitable room windows face north and south respectively, (overlooking the adjoining lanes). This being the case, the privacy standard could be achieved and windows would not overlook any of the adjacent garden area.
(iii) Loss of view is not a justification to refuse planning permission.
(iv) Overall housing need calculations assume a contribution from small sites within settlement boundaries such as this one.
(v) The observations of Welsh Water are awaited as to the capacity of the network.
(vi) The applicant does not indicate the removal of the existing hedgerow. The acceptability of the access arrangements are currently the subject of consideration by the Assistant Director - Transportation and Engineering.
(vii) Although the information submitted as part of this outline submission is limited, there is nothing to indicate that the development will prejudice the development on the adjoining sites or the existing private driveways. PAGE 43 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
(viii) Any disturbance during construction would be short term and would not be grounds for refusing planning permission.
APPRAISAL
The application site is located within the main settlement of Bryncethin / Brynmenyn and under the terms of Policy H5, residential development will be permitted where:-
"...... 3. Residential Amenity is not compromised.
4. There is satisfactory provision for access parking, utility services and amenity space."
This outline submission provides only limited information. Given the proportions of the plot and its relationship to the surrounding housing, it appears that a single storey dwelling could be accommodated without adversely affecting residential amenity or seriously detracting from the character of the area.
CONCLUSION
The proposal complies with the relevant policies of the plan and is therefore deemed acceptable notwithstanding the objections received.
RECOMMENDATION:
That permission be GRANTED subject to the following condition(s) in addition to the standard conditions:-
1 The plans and particulars submitted in accordance with the reserved matters in respect of siting and design of building shall be for one single storey dwelling.
Reason: For the avoidance of doubt as to the extent of the permission granted and to ensure that the site is developed so as to safeguard the amenities of local residents and the visual amenities of the area.
(Policy EV45 - Bridgend Unitary Development Plan)
2 No window to a habitable room of the proposed dwelling shall directly face such a window of another dwelling at a distance of less than 21m. A habitable room includes a bedroom, lounge, living room, dining room, study and kitchen but not a bathroom, hall or utility room.
Reason: In the interests of privacy.
(Policy EV45 - Bridgend Unitary Development Plan)
3 Development shall not begin until details of drainage work and a programme for the implementation of those works have been submitted to and agreed in writing by the PAGE 44 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
Local Planning Authority. The development shall then be carried out in accordance with the agreed details and programme.
Reason: To ensure safe drainage of the site.
(Policies EV18 and U8 - Bridgend Unitary Development Plan)
P/05/1573/FUL MR ANTHONY LEWIS 66A HIGH STREET OGMORE VALE BRIDGEND CF32 7AF
ENFIELD GARAGE REAR OF MEADOW STREET OGMORE VALE BRIDGEND CF32 7AF TEMP CHANGE OF USE (12 MONTHS) FOR RESEARCH & DESIGN DEVELOPMENT OF FURNITURE PRODUCTION Application Received : 28th November 2005
This application was considered by the Planning and Development Committee on 16th February 2006, but was deferred in order to receive comments from the Public Protection Department. A copy of my original report with revisions is re-produced below.
Site Inspected : 19 January 2006
Community Council : Notified 28 November 2005.
Report :
SITE / APPLICATION DESCRIPTION
The application relates to the conversion of these premises, which were previously used as a bus depot, to a furniture production company for research and design, for a 12 month temporary period. The developer has indicated that the following equipment will be used at the site:- band saw, ripdown saw, crosscut and tacking guns. The developer will be creating seven suites a week. There will be 1 to 2 people working at the site. They indicate that the hours of work will be 8.30am to 4pm, and only one small van and a car will visit the site.
RELEVANT HISTORY
None.
PUBLICITY
PAGE 45 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
The period allowed for response to consultations expired on 19 December 2005.
NEGOTIATIONS
None.
CONSULTATIONS RECEIVED
The Environment Agency have no objection to the scheme, subject to standard advice.
The Engineering Section have no comments to make on the proposal.
The Public Protection Section have requested further information from the applicant, which has been provided. The applicant has carried out substantial insulation works at the premises to reduce the noise being emitted from the machinery. Following the assessment by Public Protection on 13th March 2006 it was noted that the noise from the mechanical saws was barely audible outside the premises when the wood was being cut following completion of the works. As a result provided that the operating hours are between 8.30 am - 4 p.m. on Monday to Friday as stated in the additional information provided by the applicant and given that the premises will be used for the small scale design of furniture rather than mass production of furniture, the Public Protection Section has no objection to the application.
The Highway Section has no objection to the scheme.
REPRESENTATIONS RECEIVED
Councillor M Quick considers that the application should be referred to Committee for consideration because of the impact the proposal will have on neighbouring property.
Six letters have been received from neighbours with the following objections to the scheme:-
1. The site has been a nuisance for years, causing too much noise.
2. Traffic congestion, as heavy lorries are already blocking Greenfield Terrace, making it difficult to get out of their street.
3. Concerns regarding privacy whilst using their patio areas.
4. The developer has approached one of the neighbours requesting to rent their garage for storage.
5. This use causes considerable disruption due to noise being created through the production of furniture (use of machines and air compressor), and also through the constant coming and going of people and vehicles to and from the premises.
The owner of the property has also submitted a letter objecting to the change of use at his premises.
PAGE 46 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
COMMENTS ON REPRESENTATIONS RECEIVED
The neighbours' concerns regarding highway safety and noise nuisance are considered in the appraisal section of this report.
APPRAISAL
The site is not allocated for any specific purpose within the adopted Unitary Development Plan. Industrial and commercial development on unallocated sites falls under the remit of Policy E9 of the Plan. This Policy states that development of under-utilised buildings in the urban area will be permitted for employment purposes, provided that 4 criteria are fulfilled.
The redevelopment of derelict, under-utilised, obsolete or vacant land and buildings in urban areas for employment purposes will be permitted, provided that:-
1. The proposed use is compatible with adjoining land uses.
2. The development does not involve the loss of a primary shopping street frontage or an existing retail premises at ground floor level within an established commercial area.
3. The proposed development enhances local environmental amenity.
4. The highway network is capable of accommodating the traffic generated by the proposal without an unacceptable effect on traffic flows and patters, safety, energy use or other emissions.
In terms of criteria 1 and 3, given the close proximity to residential dwellings, the proposal needs to be assessed for its acceptability in terms of amenity issues relating to noise, lighting, smell and air quality (Policies EV27 - EV30 of the Unitary Development Plan respectively refer).As yet observations have not been received from Public Protection in relation to these.
The site is not located in an Established Commercial Area, and, therefore, criterion 2 is not applicable.
Criterion 4 relates to highways and transportation. The proposal is likely to have very little affect in the way of highway impact, and the Assistant Director Transportation and Engineering has no objection. In addition, it seems that the previous use had a greater level of vehicular activity. In addition, the application is for a temporary operation.
CONCLUSION
There are no over-riding considerations in terms of amenity or highway safety, and the proposal is considered acceptable. If, however, the Assistant Director Public Protection does not indicate by 15 February 2006 that he has no objection, I would recommend that the application be deferred for further consideration.
RECOMMENDATION:
PAGE 47 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
That approval be GRANTED subject to the following condition(s):-
1 This permission shall be for a temporary period expiring on 31 December 2006 at which time the use hereby approved shall cease.
Reason : To enable the matter to be reviewed at the end of the period of the temporary consent and to assess the impact of the development on highway safety and residential amenity.
(Policies T2 and EV45 - Bridgend Unitary Development Plan)
2 No machinery shall be operated, no process shall be carried out, and no deliveries taken at or dispatched from the site outside the following times:-
8.30am - 4pm Monday - Friday, nor at any times on Bank or public holidays.
Reason : In the interest of residential amenities.
(Policy E9 - Bridgend Unitary Development Plan)
P/06/247/FUL MRS J WAGSTAFFE PER JENKINS GOULD PARTNERSHIP UNION OFFICES QUARELLA ROAD BRIDGEND CF31 1JW LAND ADJ 8 SUNNYSIDE OGMORE VALE BRIDGEND CF32 7AW 4 NO. 2 BEDROOM APARTMENTS
Application Received : 24th February 2006
Site Inspected : 23 March 2006
Community Council : Notified 27 February 2006
Report:
DESCRIPTION OF DEVELOPMENT
The proposal involves the construction of a 2/3 storey building accommodating 2 two bedroom flats on the ground floor and 2 two bedroom flats on the first floor. The lower ground floor to the rear of the building will house individual storage areas for each of the
PAGE 48 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
flats. Parking for 5 vehicles is proposed along side the building with access off Sunnyside and a bin store is also proposed. No details of the materials of construction have been provided.
The site slopes from Sunnyside down towards the rear lane. The rear lane is currently narrow and overgrown immediately behind the site, but is wider to the north towards Fern Street and is used in many cases at this point to provide rear vehicular access to existing properties.
RELEVANT HISTORY
P/05/582/FUL - 3 detached dwellings - Refused 2 September 2006 for the following reasons:-
1. The narrow rear lane to be used to access the parking areas for the proposed dwellings is considered to be substandard for the following reasons:
- The lane has poor vertical alignment. - Visibility at the intersection of the lane with Fern Street is very poor. - Vehicles would be unable to pass on the lane, causing reversing manoeuvres to the detriment of highway safety.
Therefore the use of this lane by vehicles accessing the proposed dwellings is considered to be unacceptable as it would be detrimental to highway safety, contrary to Policy T2 of the Unitary Development Plan.
2. The parking spaces provided to serve the proposed dwellings are considered to be substandard as there is insufficient area on the lane for vehicles to gain access/ egress from the spaces without causing tortuous reversing manoeuvres. The development is therefore considered to generate on-street parking and would be detrimental to the free flow of traffic and highway safety and contrary to Policy T2 of the Unitary Development Plan and the Parking Guidelines.
P/03/1489/OUT - 2 detached dwellings with garages and drives (outline) - Conditional consent granted 30 January 2004.
Means of access and siting of buildings were considered as part of the above application. Vehicular access was proposed directly from Sunnyside.
PUBLICITY
The application has been advertised on site and local residents were notified of the proposal. The period for consultation responses originally expired on 24 March 2006 however, re-consultations were undertaken on 30 March 2006 and responses can be received up to 20 April 2006.
NEGOTIATIONS
Extent of ownership queried in letter dated 23 March 2006; Site plan amended 30 March 2006. PAGE 49 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
CONSULTATION RESPONSES
Western Power and Wales & West Utilities have provided details of their apparatus within the vicinity of the site.
The Assistant Director Transportation & Engineering (Drainage) advises that he is not aware of any separate surface water drainage systems within the vicinity of the site and alternative surface water drainage proposals should be agreed with the Local Planning Authority, if the Welsh Water Network Development Consultant requires that surface water be disposed of separately.
The Environment Agency advise there are no constraints and their standard advice applies.
The Assistant Director Public Protection has no observations to make.
South Wales Fire and Rescue Service consider the proposals appear satisfactory.
Welsh Water Dwr Cymru consider the development would overload the existing public sewerage system and object to the proposal unless a condition is imposed restricting occupation of the development to 1 April 2008.
REPRESENTATIONS RECEIVED:
Councillor M Quick considers this application can be determined under officer delegated power. He has, however, provided the following observations:-
"1. The owner of No 8 Sunnyside has a request that the Bin Stores be sited to the rear of the property. The reason for the request, to protect the street scene, and prevent littering from overloaded bins.
2. Residents in High Street are requesting that highways objections from a previous application be implemented as a condition. Ref: P/05/582/FUL/HW).
3. At present there is some confusion regarding ownership of the overgrown, tarmac surface footpath which is identified as the western boundary on the site plan. This pathway is a continuation of the route covered in the previous application, see above no 2.
It would be most acceptable to the community in general if serious consideration is given to the observations."
Representations have been received from the occupiers of 2, 3, 4 and 10 Riverside Flats, 9 Sunnyside and 130, 136 and 138 High Street. Their concerns are summarised as follows:
- Loss of privacy to bedrooms; - Increase in noise (traffic); - Increase in parking; - Vehicles in lane on right of way; - Lane is made up and could not support additional traffic; PAGE 50 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
- Land slippage; - Limited vision when emerging from parking spaces; - Damage to parked vehicles during construction works; - Guarantee that gate will be erected to prevent motorcycles on right of way; - Loss of view; - Devaluation of property.
The occupier of 136 High Street has also registered a request to speak at Committee.
COMMENTS ON REPRESENTATIONS RECEIVED
The application has been amended to remove that area at the rear of the site that local residents claim to be a right of way - the area is not identified on the Definitive Map as a registered Right of Way.
The site is not identified on departmental records as being prone to landslip, however, it will be the developers' responsibility to ensure the stability of the development.
Issues of parking and privacy will be considered as part of the assessment of the application.
APPRAISAL
The application has been assessed having regard to the following policies and guidelines:
Unitary Development Plan
EV45 - Design of new development Policy H3 - Windfall and small-scale housing in main settlements Policy H5 - Reuse of vacant land for residential purposes Parking Guidelines
The principle of developing this site for residential purposes was established in January 2004 by the grant of outline planning permission for 2 detached dwellings.
The current proposal has been designed to reflect the topography of the site, whilst providing car parking and amenity space and not compromising privacy standards - the nearest dwelling is some 15m from the building across a street, which is similar to existing dwelling relationships in Sunnyside.
CONCLUSION
The application is reported to Committee in view of the objections received from local residents. Whilst the period for re-consultation does not expire until 20 April 2006 it is not anticipated that any further objections will raise any new issues.
Notwithstanding the objections received, the application has been amended to remove the claimed right of way and the Assistant Director Transportation & Engineering considers the parking and access arrangements to be satisfactory. The development has been designed PAGE 51 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
to suit the topography of the site and there are no other overriding issues in relation to amenity or highway safety. The proposed development is considered acceptable in terms of Policy and guidelines and consent can be recommended.
RECOMMENDATION:
That the Assistant Director (Planning) be given Plenary powers to issue a consent if no new issues are raised prior to the 20 April 2006, subject to the following condition(s):-
1 No development shall take place until a detailed specification for, or samples of, the materials to be used in the construction of the external surfaces of the building hereby permitted have been submitted to and agreed in writing by the local planning authority. Development shall be carried out in accordance with the agreed details.
Reason: To ensure that the proposed materials of construction are appropriate for use on the development so as to enhance and protect the visual amenity of the area.
(Policy H5 Bridgend Unitary Development Plan).
2 None of the flats approved by this consent shall be occupied prior to 1 April 2008.
Reason: To provide a timescale for essential improvements to the public sewerage system to be completed by Dwr Cymru Welsh Water to mitigate the existing overloading.
(Policies U8 and EV17 Bridgend Unitary Development Plan).
3 No development shall take place until details of a northerly vision splay of 2m x 23m to serve parking space number 1, as identified on drawing 05/19/07, have been submitted to and agreed in writing by the Local Planning Authority. The details as agreed shall be implemented in accordance with condition 7 below before the development is brought into beneficial use and retained as such in perpetuity unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of highway safety.
(Policy H5 Bridgend Unitary Development Plan).
4 No development shall take place until details of a southerly vision splay of 2m x 70m to serve parking space number 5, as identified on drawing 05/19/07, have been submitted to and agreed in writing by the Local Planning Authority. The details as agreed shall be implemented in accordance with condition 7 below before the development is brought into beneficial use and retained as such in perpetuity unless otherwise agreed in writing by the Local Planning Authority.
PAGE 52 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
Reason: In the interests of highway safety.
(Policy H5 Bridgend Unitary Development Plan).
5 No structure, erection or planting exceeding 0.6m in height above adjacent carriageway level shall be placed within the required vision splay areas at any time.
Reason: In the interests of highway safety.
(Policy H5 Bridgend Unitary Development Plan).
6 The gradient of the proposed access and parking spaces shall not exceed 12.5% (1 in 8).
Reason: In the interests of highway safety.
(Policy H5 Bridgend Unitary Development Plan).
7 No part of the development shall not be brought into beneficial use until the car parking and bin storage area has been completed in permanent materials with the individual parking and bin spaces clearly identified.
Reason: In the interests of highway safety.
(Policy H5 Bridgend Unitary Development Plan).
8 No development shall take place until details of the means of enclosing the bin store have been submitted to and agreed in writing by the Local Planning Authority. The details as agreed shall be implemented before any part of the development is brought into beneficial use.
Reason: In the interests of amenity.
(Policy H5 Bridgend Unitary Development Plan).
9 Development shall not begin until details of drainage work and a programme for the implementation of those works have been submitted to and agreed in writing by the Local Planning Authority. The development shall then be carried out in accordance with the agreed details and programme.
Reason : To ensure safe drainage of the site.
(Policy EV17 Bridgend Unitary Development Plan).
10 * THE FOLLOWING ARE ADVISORY NOTES NOT CONDITIONS (AS ABOVE) PAGE 53 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
a. Foul and surface water discharges should be drained separately from the site;
b. No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system;
c. No land drainage run-off will be permitted to discharge (either directly or indirectly) into the public sewerage system;
d. If a connection is required to the public sewerage system Dwr Cymru Welsh Water's Network Development Consultants can be contacted on 01443 331155;
e. Permanent materials suitable to comply with condition 3 above are tarmacadam,concrete or brick paviours;
f. Your attention is drawn to the attached Guidance Note for Developers issued by the Environment Agency;
g. Before creating, altering or reinstating any vehicular crossing, constructional details must be agreed with the Highway Maintenance Manager who can be contacted at Morien House, Bennett Street,Bridgend Industrial Estate - tel 01656 642541.
h. To comply with conditions 3 and 4 above, the developer may wish to consider placing bay 5 where the bin store area is indicated and relocate the bin store area immediately next to the house, as this will improve available visibility.
P/05/1208/FUL MR M A STEELE PER FINELINE ARCH. SERV. LTD., 30 POND MAWR GARTH MAESTEG CF34 0NG LAND ADJ 66/68 BRIDGEND ROAD ABERKENFIG BRIDGEND CF32 9AP RESIDENTIAL DEVELOPMENT OF 4 NO. UNITS FOR SELF CONTAINED FLATS Application Received : 2nd December 2005
SITE INSPECTED: 28th December 2005
Community Council Obsevations : Notified 13th March 2006
Report :
DESCRIPTION OF DEVELOPMENT
PAGE 54 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
The proposal is a detailed application for the erection of 4no. two-bedroom flats within a detached two-storey building. The design would be conventional and the building finished in smooth render and artificial slate roof. Car parking and amenity space would be provided at the rear with vehicular access from a rear lane. A design statement has been submitted in support of the application.
The site is a rectangular, vacant area of land situated within the Aberkenfig Commercial Centre. There are commercial units on either side of the site, which also has a direct frontage onto Bridgend Road.
RELEVANT HISTORY
P/01/324/BCB, Commercial and Residential Development (Outline), approved 10th July 2001.
NEGOTIATIONS
None
PUBLICITY
The proposal was advertised on site and neighbouring properties have been notified. The period for responses to consultations expired on the 12th December 2005.
CONSULTATION RESPONSES
The Assistant Director Transportation & Engineering - no highway objection. Public sewer within site.
The Assistant Director, Public Protection - no objections
Dwr Cymru/Welsh Water - objection, the development would overload the public sewerage system, the site is crossed by a public sewer.
Environment Agency - objection, the site is located within a zone C2 flood-risk area and represents a change from a low to highly vulnerable use.
REPRESENTATIONS RECEIVED
The occupant of a neighbouring property objects to the development on the basis of noise mess and lack of car parking in the area.
Cllr Winter has requested that the application be referred to the Planning and Development Committee for determination.
APPRAISAL
The site is located within the Established Commercial Centre boundary of Aberkenfig as defined by Policy R1 of the Bridgend UDP. Policy R5 provides criteria by which residential development in commercial centres should be assessed. This includes the length of time PAGE 55 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
the premises has been vacant, whether the site forms part of a continuous frontage of three or more shops, there are no unacceptable effects on the amenity of the locality and there are no adverse effects in terms of traffic generation, congestion and highway safety.
In this case the site is derelict and the Assistant Director, Transportation and Engineering has not raised any highway objections to the proposal. Furthermore, Policy EV45 refers to design quality and the development raises no issues in terms of appearance, street picture or amenity.
Policy U8 of the UDP presumes against development, which cannot be adequately served by existing or proposed mains sewerage. Dwr Cymru/Welsh Water have objected to the development on the basis that the development would overload the existing public sewerage system. No improvements are planned within the Capital Investment Programme, although the developer may make a contribution to fund the provision or to requisition a new sewer. The applicant has been informed of the objection from Dwr Cymru/Welsh Water, however he has indicated that the application should be determined as submitted.
The site is also located within a C2 flood risk area as defined by Technical Advice Note 15 (TAN15), which advises that only less vulnerable development should be considered. Highly vulnerable uses are described as those where the ability of occupants to decide on whether they wish to accept the risks to life and property associated with flooding, or be able to manage the consequences of such a risk, is limited and includes all residential development. Less vulnerable development describes development where the ability of occupants to decide on whether they wish to accept such risks is greater than that in the highly vulnerable category.
Flood risk, whether inland or from the sea, is a material consideration in land use planning and Paragraph 13.4.1 of Planning Policy Wales states; "Development proposals in areas defined as being of high flood hazard should only be considered: - where new development could be justified in that location, even though it is likely to be at risk from flooding; and - where any development proposal would not result in the intensification of existing development which may itself be at risk or would increase the potential adverse impacts of a flood event. "
Policy EV15 of the UDP presumes against development in areas of flood risk unless there are adequate flood protection measures in place or proposed. In this case, the nature of the environment agency objection is such that a flood consequences assessment (FCA) would not adequately address the flood risk to this development. It would be considered appropriate therefore to request an FCA from the applicant.
Whilst the proposal may be justified in this location in most planning and land use respects, Dwr Cyrmu/Welsh Water objections notwithstanding, the highly vulnerable nature of the use and location of the site in flood risk terms together with the strong objection from the Environment Agency, which is a statutory body, are sufficient grounds to warrant a recommendation for refusal.
It is not considered that the objections raised by the adjacent resident are material to this application. PAGE 56 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
In assessing the proposal the following Policies were considered:-
Policy R1, protection of the retail hierarchy Policy R5, residential uses in commercial centres Policy EV15, development and flood risk. EV45, design of new development Policy U8, sewage disposal and development. TAN 15 (Development and Flood Risk) Planning Policy Wales
CONCLUSION
The application is referred to Committee at the request of the local member.
Flood risk is a material planning consideration in the determination of this application and the development is considered to be a highly vulnerable use within a C2 zone, which may gave rise to an unacceptable risk to future occupants. As such there is a strong development plan and national policy presumption against the proposal. Adequate sewage disposal is also a material consideration and whilst there may be ways of addressing the objections raised by Dwr Cymru/Welsh Water, the applicant wishes the application to be determined as submitted.
National planning guidance advises that planning applications should be determined in accordance the adopted development, plan unless material considerations dictate otherwise. In this case it is not considered that there are any circumstances that outweigh the provisions of the adopted plan, policy advice or objection from the environment agency.
RECOMMENDATION:
That permission be REFUSED for the following reason(s):-
1 The proposal represents a highly vulnerable form of development within a C2 zone as defined in Technical Advice Note 15 (Development and Flood Risk) and if approved would give rise to an unacceptable risk of flooding within the site and elsewhere, and increase the risk to human life. As such the proposal is contrary to Policy EV15 of the adopted Bridgend Unitary Development Plan and national planning policy.
2 The proposal would overload the existing public sewerage system and consequently would have a detrimental effect on the health and safety of existing residents and the environment. As such the proposal is contrary to Policy U8 of the adopted Unitary Development Plan.
P/05/1589/FUL
PAGE 57 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
MR LEN RICHARDS PER KENNEDY JAMES GRIFFITH NUMBER 7 OAK TREE COURT MULBERRY DR CARDIFF GATE CARDIFF CF23 8RS PLOT ADJ LLANMOOR DEVELOPMENT BROADLANDS BRIDGEND CONSTRUCT SINGLE DWELLING
Application Received : 9th December 2005
Site Inspected: 21st January 2006.
This application was considered by the Planning and Development Committee on 16th March 2006 but was deferred to enable full consideration of the recently received information and to allow the applicant to submit a revised layout plan incorporating existing and proposed landscaping. A copy of my original report with amendments is reproduced below:-
"Community Council: Notified 19th December 2005
Report:
DESCRIPTION OF DEVELOPMENT
The proposal is for the construction of single detached dwelling, garage and driveway on land in the northeastern corner of the Broadlands Estate. The dwelling will be served by a private driveway and turning area formed as an extension to the existing estate road.
The dwelling will be two storey but incorporating living accommodation in the roof space. The dimensions of the house are approximately 11.5m x 9.7m with the pitched roof reaching a height of 8.6m. The ground floor will comprise living room, dining area, kitchen, utility room, WC and hallway with the first floor accommodating three bedrooms (two en- suite) and a separate bathroom. Two additional rooms will be created in the roof space served by two pitched roof dormers on the rear.
The submitted house type incorporates a conservatory on the side elevation.
The finishes of the houses will consist of roughcast render to the external walls with blue / black fibre cement slates on the roof.
The plot measures approximately 1000 square metres and is situated to the rear of properties in Heol-y-Bardd and adjacent to a recently completed Llanmoor Homes housing development. An existing hedgerow separates the plot from the nearest dwelling that being 26 Pen Llwyn. The semi mature buffer zone consisting of native trees crosses the northern boundary of the plot, which along with two large diameter drainage runs constrain the developable area.
RELEVANT HISTORY
The plot subject of the application was one of three approved under consent granted to
PAGE 58 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
Llanmoor Homes in 1999, (Code no P/99/823/RES refers). Two dwellings are currently under construction on the land opposite by virtue of a permission granted in 2003, (Code no P/03/1009/FUL refers). The proposed dwelling is of a similar design to those approved under the aforementioned consent.
PUBLICITY
Letters of notification have been sent to the owner / occupiers of properties on Heol-y- Bardd and the Llanmoor Homes housing development. The period allowed for responses to the publicity undertaken expired on 9 January 2006.
NEGOTIATIONS
3rd February 2006 - Seeking the submission of revised plans to reduce the impact of the development on the strategic landscaping areas.
CONSULTATION RESPONSES
The Assistant Director Transportation and Engineering has no objection to the development from a drainage and highway safety perspective subject to conditions.
REPRESENTATIONS RECEIVED
A letter has been received from the occupier of a property in Heol-y-Bardd objecting to the development for the following reasons: -
I. The construction of the dwelling is likely to result in the loss of hedges and trees and part of the previously approved 10m metre planting area.
II. The access road appears to have changed from that previously approved.
III. Development will generate additional traffic.
IV. Land will be built up before footings of the dwellings are laid - dwelling would be at a much greater height than the present dwellings.
V. Conservatory of dwelling would overlook adjacent properties
VI. Case of filling every square metre of land with development at a cost to the natural habitat.
The occupier of 26 Pen Llwyn supports the proposal.
The applicant has provided the following comments in support of the application:-
"All parts of the development, including the driveway to the garage at the rear of the property (as clearly demonstrated on our most recently submitted plans) are outside the reserved 10m landscaping zone which lies to the rear of the properties along Heol y Bardd.
In several places, however, the area of planting currently exceeds the 10m zone and some PAGE 59 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
planting in this area is not therefore required as part of the development brief for the area.
Conversely, within the 10m zone there are quite substantial areas that have never been planted. These areas are immediately adjacent to the rear gardens of some of the houses and they are the very areas that should be planted with the appropriate species. They are presently overgrown with impenetrable scrub vegetation, mostly brambles.
The undertaking that I am giving, as part of this application is that the landscape buffer will be respected, managed and maintained. Great care will be taken during construction to ensure disruption to the planted area will be confined to the absolute minimum. The only area to be affected will be immediately adjacent to the proposed driveway, which may require an earth bank to support the edge. This will be replanted as soon as the works are completed. I am also undertaking to transplant all the trees that are outside the 10m zone to the areas referred to above that are currently not properly planted. Finally, I have to point out that as I will be personally supervising the groundworks, there will be no contractor at arm's length charging around the site with a JCB.
I wrote some months ago to all the residents whose houses back on to this plot and gave them a similar undertaking. This is not just a cynical exercise in offering anything in order to get a planning consent. Our principle aim is to achieve an attractive dwelling in an attractive landscaped setting, which maximises the privacy and amenity of both the new dwelling and its neighbours. None of the local residents to whom I wrote has expressed any doubts concerning the approach I am taking. Some of them have appropriated parts of the landscaping zone into their own curtilage. I have assured two of them (to whom I have spoken personally) that there is plenty of land here to accommodate all our needs and that we envisage a solution, properly and legally protected that leaves no-one feeling aggrieved.
My greatest concern at the moment is that we are now right at the end of the planting season. It is critically important, as I have explained before, that we obtain an early decision on this application."
Councillor C A Green requests that the application be referred to committee for consideration.
COMMENTS ON REPRESENTATIONS RECEIVED
I. The plans submitted as part of the application do conflict with the Broadlands Development Brief by virtue of the siting of the dwelling and driveway compromising the strategic planting area and the developer's intention to include the planting within the garden area.
II. The road serving the development is covered by a separate planning consent, which is currently being implemented. Recent site investigations indicate that the access road to be in accordance with the approved plans, albeit the siting of one of the dwellings is not. This is likely to be the subject of a future retrospective application.
III. The level of traffic generated by the three dwellings is not material when considered against the levels on the whole site. PAGE 60 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
IV. Site levels are not indicated on the submitted drawings, although the difference between the road and plot level measures approximately 2.0m. Although not confirmed in writing, the applicant has indicated that site levels will not be altered to any significant degree, confirming also that the required gradient on the driveway can be achieved. Should consent be granted a condition requiring the site levels to be agreed could be imposed.
V. The position of the conservatory on the side of the dwelling will not directly overlook habitable room windows in neighbouring properties and given the relative distances involved privacy should not be compromised. The existing hedgerow along the boundary will screen much of the development from the adjacent property.
VI. Permission has previously been granted for the development of this site and therefore arguments regarding loss of habitats at this stage would be difficult to sustain at appeal.
APPRAISAL
The application site is allocated for residential development under policy H1 (24) of the Unitary Development Plan. The policy recognises that the development of the site should however be in accordance with the approved development brief for the Broadlands Estate. The brief and subsequent outline application required the provision of a strategic landscape buffer zone part of which, crosses the application site; this is however one of the major constraints on development along with access and the impact on the amenities of residents. Policies EV45 and H5 of the Unitary Development Plan are also relevant.
CONCLUSION
The principle of developing the plot was established by the permission granted to Llanmoor Homes in 1998. In granting the consent, the constraints of the plot were acknowledged. At that time the planting forming the strategic landscaping zone was in its infancy but since has matured to provide an effective barrier/screen which during the summer months contributes significantly to the amenities of the area. The applicant acknowledges that the proposed dwelling and driveway will result in the loss of a number of the trees within the planted area. This action is justified by the applicant on the following grounds:-
1. Part of the planted area lies over the easement of the two drainage runs and will need to the removed under the terms of the agreement with Welsh Water and;
2. The planted area extends beyond the approved 10m zone and any planting removed would be replaced.
The drainage runs referred to above were constructed by the Authority in 1999 but at that time it was accepted that the planting belt and easement could co-exist. In the long term, however should Welsh Water require access for maintenance a number of the trees would be removed. On the second issue, the applicant has now produced a survey drawing which confirms that the strategic landscape buffer does in places exceed 10ms but elsewhere is just achieved. This partly due to the irregular line of the rear boundaries of properties on Heol y Bardd. Undoubtedly, over the years property owners have included additional land within their garden areas. That being the case the approved structure planting plans do define a clear 10m wide corridor of new planting irrespective of the irregular boundary. The driveway serving the proposed house will impact on the planted PAGE 61 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
area but in places 10m of existing planting can be retained but in others this will not be so. The integrity of the planting area which is of strategic importance will be affected which is re-affirmed by the survey plan.
Whilst the design of the dwelling in all other aspects is acceptable, the proposal as currently submitted will result in the loss of part of the strategic planning zone which would be contrary to the development brief and to the detriment of the amenity of the area. The additional information and plan does not justify a change in my original recommendation.
The application is reported to Committee at the local Member's request.
RECOMMENDATION:
That permission be REFUSED for the following reason(s):-
1 The proposed development would constitute an undesirable intrusion into an area of considerable landscape value which is contrary to policies EV20 and EV45 of the Unitary Development Plan, the Broadlands Development Brief and would be to the detriment of local visual amenities.
P/06/86/OUT MR STEPHEN EMRYS JONES SEREN WEN CUCKOO STREET PANTYGOG BRIDGEND CF32 8DR
LAND OFF NEW STREET PANTYGOG BRIDGEND CF32 8DP 4 DWELLINGS - OUTLINE APPLICATION
Application Received : 2nd February 2006
This application was reported to the Planning and Development Committee on 16th March 2006, where members resolved to defer consideration to allow a Site Panel Inspection to take place. The Panel, together with the two Ward Members, were present at the visit on 30th March 2006. A copy of my original report with revisions is re-produced below.
Site Inspected : 7 March 2006
Community Council Observations : Members of the Garw Valley Community Council consider that an adequate highway system is introduced allowing for easy access to the properties, and provide parking bays for off-road parking bays.
PAGE 62 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
Report :
SITE / APPLICATION DESCRIPTION
The proposal is in outline for a residential development. The developer has indicated that they wish to erect four dwellings at the site, which is approximately 0.4ha. The site lies outside the settlement limit of Pantygog.
RELEVANT HISTORY
None relevant.
PUBLICITY
The proposal has been advertised as a departure from the Development Plan. The period allowed for response to consultations expired on 23 February 2006.
NEGOTIATIONS
None.
CONSULTATION RESPONSES
The Highway Section have no objection to the scheme, subject to conditions.
The Engineering Section note that the applicant intends to utilise a ditch stream watercourse for the disposal of surface water from the proposed development, however, surface water drainage details should be submitted to, and agreed with, the Local Planning Authority.
The Environment Agency confirm there are no constraints on the site.
Public Protection have no objection to the proposal provided the presence of any significant unsuspected contamination, which becomes evident during development, is brought to the attention of the Local Planning Authority.
Welsh Water object to the proposal as the proposed development would overload the existing public sewerage system, and there is a public sewer crossing the site.
The Glamorgan Gwent Archaeological Trust Limited have no record of archaeological features within the application area.
REPRESENTATIONS RECEIVED
Councillor R D Jenkins considers that whilst the proposal is out of accord with the Development Plan, this proposal could receive a favourable recommendation.
Two letters of support have been received from neighbours, whilst one neighbour objects for the following reason:- "highway safety issues, loss of light, view and devaluation of their property". PAGE 63 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
Another neighbour supports the proposal provided New Street is made into a two way street. Another neighbour has objected to the proposal as they are concerned about the safety of highway users using the access road into New Street. There is an existing problem with visibility at the junction when cars pull out of New Street because of cars parked near that junction. They then state that they have no objection to the proposal provided the grass verges along New Street are removed, to provide room for cars to pass one another along New Street.
A letter has been received from a neighbour with the following objections:-
"1. The application is a change of use as this has been used as a small holding for many years with stables attached.
2. We now afford a view down the valley from the back of our property which we will loose completely therefore, in our opinion, would detract from some of the value of our property.
3. We use our back garden extensively in the summer months to eat out on our patio and we feel that we will loose any privacy that we have to the back of our property as we will be overlooked by the development.
4. There will be a considerable increase in traffic coming and going with the consequent increase in noise as at present the lane to the back of our property is too narrow for much traffic use and is very little used for this purpose.
5. This is a very quiet area and is also very little pedestrian traffic, this will obviously increase considerably with the residents of the new properties accessing their dwellings by this route.
6. The development will have an adverse impact on the area as a whole as it is proposed to widen the top of the street. This will allow more traffic into the street and increase the potential for more parking in the street. The street is also a dead end with a children's play park at the bottom which is extensively used by the local residents' children especially in the summer months and we are concerned that the increase in traffic will cause an added danger to them."
Another neighbour letter has been received in support of the application, their observations are as follows:
"1. After speaking to my neighbours, I have been told as part of the development the road around the entrance to New Street is going to be altered and that traffic calming measures are to be put in place. There have been a number of accidents in that area over the last couple of years due to the excessive speed of cars coming around the corner towards New and Pant Street, and any form of speed reduction that will be introduced in this area to my mind is well over due. And will also give me peace of mind when my children are trying to cross the road to get to the park and cycle track.
2. In my view, the development of houses on the site will improve the view from the park area at the bottom of New Street, at the moment you can look up to the view of very barren and muddy land and the ugly block and concrete sheds and garages of the houses in New Street, any development on the land would remove and hide these PAGE 64 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
eyesores."
APPRAISAL
The application site is located in the countryside outside the designated settlement boundary of Pontycymmer, therefore this proposal needs to be considered within the context of Policy EV1 of the adopted Bridgend Unitary Development Plan. The Policy strictly controls development in the countryside except for specific identified purposes. This proposal for new residential dwellings is not an appropriate exception under Policy EV1. Policy EV1 states: "Development in the countryside will be strictly controlled. Exceptions to this may be that which is necessary in the interests of agriculture, farm diversification, forestry, the winning and working of minerals, appropriate countryside tourism, leisure and recreation, land reclamation, transportation infrastructure, utility service provision, and the suitable conversion, extension or rehabilitation of existing rural buildings."
The proposal does not accord with Policy EV12 of the adopted Bridgend Unitary Development Plan, says that development outside the settlement boundaries of the following designated settlements of the County Borough will not be permitted, this includes the main settlements of Pontycymmer.
Furthermore, Policy EV13 of the adopted Unitary Development Plan states that:- "The extension of ribbon and / or sporadic development or its intensification within, or surrounding isolated pockets of development in the countryside will not be permitted."
CONCLUSION
Given that the proposal conflicts with the above policies the proposal should be refused for the reason specified below.
RECOMMENDATION:
That permission be REFUSED for the following reason(s):-
1 The proposal, which constitutes an undesirable extension of urban development outside any settlement boundary, would be prejudicial to the character of the area in which it is intended that the existing uses of land shall remain for the most part undisturbed, would be contrary to established national and local planning policies EV1, EV12 and EV13 of the Unitary Development Plan, and would set an undesirable precedent for further applications for similar development in this area.
2 The proposal is premature prior to necessary improvements being undertaken to the existing public sewerage system which would otherwise be overloaded by the development contrary to policy U8 of the UDP.
PAGE 65 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
P/06/261/RLX MRS D THOMAS PER ALEC McKENZIE 89 GRAHAM AVENUE PENYFAI BRIDGEND CF31 4NP BARN AT PENYLAN FARM ABERKENFIG BRIDGEND CF32 9AN REMOVAL OF CONDITIONS 2,3 & 4 OF CONSENT P/05/155/FUL Application Received : 28th February 2006
Site Inspected: 9th March 2006
Community Council: Notified 8th February 2006
Report
DESCRIPTION OF DEVELOPMENT
The application seeks the removal of Conditions 2, 3 and 4 attached to a 2005 consent for the conversion and extension of former farm buildings to 1 unit of residential accommodation (P/05/155/FUL refers). The conditions, from which the applicant is seeking relief, relate to highway/access improvements required to facilitate access to the site which is gained from a narrow lane. The conditions imposed were:-
2. No works whatsoever shall commence on site until such time as a scheme has been submitted to and agreed in writing by the Local Planning Authority for the provision of a carriageway widening to 4.8m over a length of 10m with 450 degree splays equidistant between the junction in the lane serving the site and the site access in permanent materials. Such a scheme shall be implemented as agreed before the commencement of any development on site.
Reason: In the interests of highway safety
(Policy T2 of the Bridgend Unitary Development Plan)
3. No works whatsoever shall commence on site until such time as a scheme has been submitted to and agreed in writing by the Local Planning Authority for the provision of two carriageway widenings to 4.8m between the access to "The Moulders" and the junction serving the site in permanent materials. Such a scheme shall be implemented as agreed before the commencement of any development on site.
Reason: In the interests of highway safety
(Policy T2 of the Bridgend Unitary Development Plan) PAGE 66 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
4. No works whatsoever shall commence on site until such time as a scheme has been submitted to and agreed in writing by the Local Planning Authority for the provision of a traffic signing scheme at the junction in the lane serving the site. Such a scheme shall be designed to advise drivers of the 'dead end' nature of the lane serving the site and thus prevent errant vehicles from travelling in a Southerly direction towards the site from the junction in the lane and needing to reverse to the junction. Such a scheme shall be implemented as agreed before any commencement of any development on site.
Reason: In the interests of highway safety.
(Policy T2 of the Bridgend Unitary Development Plan)
In support of the application, the applicant's agent has submitted the following statement which states interalia
"REASON FOR APPLICATION
Following the grant of planning permission for the proposed development it was only when negotiations commenced with the Planning/Highways Departments concerning conditions 2, 3 & 4 of the consent that the full extent of the works required by the Council became apparent. There was also disagreement between the applicant and Highways Department as to the precise locations of the three road widening schemes, which, because of the topography of the areas of land involved, require extensive engineering works. As no precise justification for the conditions were provided for consideration by Council when planning permission was granted for the project and because the extent of the works required does not relate reasonably/fairly to the approved development, the applicant has no option but to request that conditions 2, 3 & 4 of planning permission Ref. P/05/155/FUL be removed."
PLANNING HISTORY
Planning permission to convert and extend a barn at Penylan Farm, Aberkenfig to one unit of residential accommodation was granted by the Council on 3 June 2005. The decision followed a site inspection undertaken by the Planning and Development Committee. Among other things, the Notice of Permission for Development issued on 14 June 2005 contained the aforementioned conditions and the following notes:-
"(b) The introduction of passing bays required by Condition 3 will necessitate the removal of sections of indigenous hedgerow and the developer is advised to contact the Planning Department to ascertain whether Hedgerow Consent is required to undertake these works. The details submitted to address Condition 3 should incorporate hedgerow replanting measures."
N.B. Article 22 of the Town and Country Planning (General Development Procedure) Order 1995 of the GDO refers to the need for local authorities to state clearly and precisely their full reasons for any condition imposed. Neither the report or the reasons attached to Conditions 2, 3 and 4 conform with this requirement or indicate why there is an essential need for the "specified" works.
PAGE 67 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
POLICY AND GUIDANCE
The following National policies and guidance are relevant to this case:-
(a) Planning Policy Wales 2002
"Clause 4.6.1 indicates that conditions on a planning permission can enable many development proposals to proceed where it would otherwise be necessary to refuse planning permission. The proper use of conditions can improve the quality of development control and enhance public convenience in the planning system. Clause 4.6.2 however states that conditions should only be imposed where they are:-
- Necessary; - Relevant to planning; - Relevant to the development to be permitted; - Enforceable; - Precise; and - Reasonable in all other respects."
(b) Welsh Office Circular 35/95 : The Use of Conditions in Planning Permissions.
Whereas Welsh Office Circular 35/95 is a respected and confident document, it is not the law as to the correct imposition of conditions. Rather, it derives from an interpretation of court judgements over the years. The advice in the Circular is thus an important material consideration, the setting aside of which has to be clearly reasoned and justified.
(c) Policy T2 of the Bridgend Unitary Development Plan requires consideration of highway safety issues for traffic generating development.
APPRAISAL
The 1990 Planning Act at Section 70 indicates that local authorities may impose such conditions as they think fit in exercising control over development but conditions should be imposed on planning permissions only where there is a clear land-use planning justification for doing so. Conditions considered necessary should be used in a way which is clearly seen to be fair, reasonable and practicable.
The conventional form of a negatively phrased condition requires that the permitted development should not be commenced (or occupied) until some specified obstacle to that development has been surmounted. Clearly, each condition has to be constructed having regard to the particular circumstances which pertain. It is not an unusual source of contention as to whether a requirement should relate to the non-commencement of any works at all or merely to non-occupation. Ministerial advice on negative conditions refers to either possibility, and clearly has to be rationalised as to whether it is the commencement of the construction works that would create the problem, or whether such a difficulty would only arise on occupation. In most instances, it is the occupation of premises that initiates the use of infrastructure and thus in such a case it is unreasonable to restrict a developer from constructing a project. In addition, Circular 35/95 states that a condition must relate fairly or reasonably to the development to be permitted, and the 1990 Act itself is of some PAGE 68 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
assistance with this "test" as a condition has to be "expedient for the purposes of, or in connection with, the development authorised by the permission.
The scale of the proposed development is innocuous, and perhaps the most modest barn conversion ever approved by the Authority. Obviously traffic generated by the use of the very small residential unit will have little impact on the highway network and does not merit excessive off-site highway works for it to accord with Policy T2 of the UDP. In addition any condition requiring off site work must reflect and relate to the modest nature of the scheme. Conditions 2 & 3 require three carriageway widening schemes involving extensive works, two of which wil be on/adjacent to the public highway, to be implemented before the commencement of any development on the site, which is disproportionate to the proposed scheme and suggests that the Authority's objective is to cater more for existing traffic using the highway, rather than traffic that will be generated by the proposal. The Courts have ruled that Local Planning Authorities are not at liberty to use their power to impose conditions for some ulterior object no matter how desirable that might be in the public interest. Conditions 2 & 3, therefore, are unreasonable and unnecessary and should be removed.
The requirement of Condition 4 to provide a traffic-signing scheme at the junction of the lane serving the site is mystifying. The condition confirms that the sign is required to advise drivers of the "dead end" nature of the lane (this arrangement has existed for generations) and prevent errant vehicles from travelling in a southerly direction towards the site. Again, this requirement is an attempt to control traffic not generated by the development, which Local Planning Authority's are expressly required not to do. Consequently, Condition 4 is unreasonable and unnecessary and should be removed.
CONCLUSION
In all matters relating to the application of material considerations it is important for decision makers to be aware that the courts will extend the common law principle of natural justice to any decision upon which they are called adjudicate. The general effect of this is to seek to ensure that public authorities act reasonably in executing their decision making functions, and that it is evident to all that they so do. Thus, in terms of development control it is vital that all matters material and pertinent to the making of a planning decision should fairly and reasonably be taken into account. The power to impose conditions is an important material consideration but the use of such power by the Local Planning Authority must be properly exercised.
Whilst it is accepted that each case must be treated on its individual merit, similar developments have been allowed within the Borough without imposing such severe restrictions and a legitimate expectation is that all planning applications should be determined having regard to consistent practices.
Ministerial advice states that conditions should not be retained unless there are sound and clear-cut reasons for doing so. The use of the lane leading to the site by vehicles generated by the modest development would not exacerbate traffic hazards to such a material extent as to demonstrably harm highway safety requiring the provision of three extensive carriageway widening schemes or the suggested traffic sign. The scheme therefore does not conflict with the provisions of Policy T2 of the UDP and the conditions should be set aside. Nevertheless and to alleviate difficulties perceived by the Authority PAGE 69 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
concerning congestion on the surrounding network, the applicant is prepared to accept a condition requiring the provision of one highway widening scheme located between the access to "The Moulders" and the junction serving the site, provided the chosen location is not opposite Nos. 29 & 31 Alma Road as the occupiers of those premises consider the impact of a road widening scheme at this location will adversely affect their well being. In addition, such provision opposite existing dwellings will merely serve as a parking area for calling vehicles. It is realised that any condition is not legitimised just because it is agreed by an applicant."
RELEVANT HISTORY
82/674 - Alterations and extension of dwelling - Granted conditional consent 14/05/82.
02/674 - Two storey extension - Refused 15/8/02.
02/923 - Certificate of Lawful Development for the use of The Cottage, Penylan Farm as a separate dwelling and for the retention of a conservatory added to the building.
02/954 - Two storey extension to The Cottage at Penylan Farm - This application proposed the same accommodation as that previously refused under 02/674 but circumstances had changed in two major respects.
Firstly, The Cottage, Penylan Farm was an unlawful development at the time of the original planning application. The proposed extension, therefore, had to be judged as a further extension of Penylan Farm. Established policy and guidelines indicated that consent should be refused because of the area of the extensions cumulatively represented an increase of 119 per cent in the gross floorspace of the original Penylan Farmhouse (compared with a recommended maximum of 100 per cent). As a Certificate of Lawful Development for The Cottage as a dwelling in its own right had been issued the 60 per cent increase in gross floor area falls within the Council's design guidelines.
The other change in circumstances related to the design of the extension, which was modified following discussion with the Planning Department. The forms and finishes of the extension were considered compatible with local traditions of building and sympathetic, in scale, materials and details to the existing dwelling and to the adjoining Penylan Farmhouse - Conditional Consent - 25/11/02.
04/535 Conversion and extension of former farm building to residential refused on 20th July 2004 for the following reasons:-
"1. The proposal constitutes development in the countryside which is contrary to the Council's countryside protection policies and cannot be justified under the limited exception allowed for the conversion of existing buildings in the countryside.
2. The narrow road leading to the site is unsuitable to serve further development."
05/155 Conversion and extension of former farm buildings to residential accommodation - originally recommended for refusal but following a site inspection by Members the application was referred to Council as a development that did not accord with the PAGE 70 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
development plan but that Committee were not minded to refuse. Council resolved to approve the proposal subject to conditions on 14/06/05.
PUBLICITY
The application has been advertised on site and the period for consultation response expired 27/03/06.
CONSULTATION RESPONSES
The Highways Department have submitted the following observations.
Condition 2
There is objection to the submitted proposals for the following reasons:-
1. The proposed removal of Condition 2 of the consent would generate additional vehicular reversing movements to and from the highway creating traffic hazards to the detriment of highway safety.
Notes:
1. The proposed conversion of the Barn to a residential unit will intensify movements along the narrow access lane serving the site, which in light of its horizontal and vertical alignment will increase the incidences of vehicles meeting on the lane resulting in an increase in vehicles needing to reverse to the detriment of highway safety. This is exacerbated by the lack of pedestrian facilities in the lane which could result in pedestrian/vehicular conflict.
Condition 3
No objection subject to conditions:-
1. No works whatsoever shall commence on site until such time as a scheme has been submitted to and agreed in writing by the Local Planning Authority for the provision of a carriageway widening to 4.8m between the access to "The Moulders" and the junction serving the site in permanent materials. Such a scheme shall be implemented as agreed before the commencement of any development on site.
Reason: In the interests of highway safety.
(Policy T2 of the Bridgend Unitary Development Plan)
Notes:
1. Whilst I am not prepared to support the removal of this condition I have relaxed my earlier views with regard to the number of widening required.
Condition 4
PAGE 71 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
No objection.
Notes:
1. Whilst I am prepared to accept the removal of this condition the applicant should be advised to provide some form of signing to indicate that the lane serves as "access to Penylan Farm only".
REPRESENTATIVE RECEIVED
Three letters have been received supporting the application to remove the conditions. These are reproduced as Appendix attached to this report.
APPRAISAL
The application seeks to remove three conditions attached to the 2005 consent for the conversion and extension of former farm buildings to one unit of residential accommodation.
Penylan Farm and the farm building the subject of the 2005 application for conversion and extension lie to the north of the M4 motorway and to the south west of Aberkenfig village. The farm has been the subject of a number of applications for planning permission and currently comprises two separate dwelling houses together with a number of farm buildings. The 2005 consent for the conversion of a farm building to a residential unit would bring the number of dwellings at the farm to three. Members will be aware that previously the Highways Department objected to the conversion to residential use as it was considered that the narrow road leading to the site was unsuitable to serve any further development. However, following the Committee's inspection of the site, it was resolved to approve the development and conditions deemed necessary, relevant to planning relevant to the development, enforceable, precise and reasonable in all other respects were drafted and imposed by Council in granting permission for a development that did not accord with the recently adopted Bridgend Unitary Development Plan.
The applicant on receipt of the decision notice advising of the conditions attached to the consent commenced discussions with the Highways Department and submitted detailed drawings to discharge the requirements of these conditions. The submitted scheme was considered to satisfactorily meet the requirements of Condition 2 and partially address Condition 4. However, disagreement arose regarding the location of the passing places and their constructional details required by Condition 3. The Highways Department have now reconsidered the issues and have advised that the variation of Condition 3 to that suggested in their observations and the removal of Condition 4 and its replacement with an advisory note would be acceptable. With regard to Condition 2 however it is considered that its removal would be detrimental to highway safety.
Notwithstanding the applicant's neighbours and daughter's observations relating to number of residents currently at the Penylan Farm, the personal circumstances of the applicant cannot be taken into consideration when assessing the merits of the scheme as these dwellings may be sold at any time and the number of residents could change together with vehicle movements and or additional labour be brought in to assist in the working of the farm. The development was not originally assessed on this basis however as previously PAGE 72 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
indicated and for the reasons outlined in the Highways Department observations, it is considered that Condition 2 should be retained, Condition 3 amended and Condition 4 relaxed.
The following development plan policies have been considered in the assessment of the application:-
Bridgend Unitary Development Plan - Policy T2 - Sustainable Improvements to existing highways.
Policy EV6 - Conversion/Extension/Rehabitation of Rural Buildings.
DB4 - Farm Buildings and Conversions Note 2.1
CONCLUSION
The application is referred for Committee's consideration at the request of the Ward Member.
For the reasons outlined above in my appraisal it is considered that Condition 2 should not be removed and it may be reasonable. Condition 3 be amended to reduce the number of widenings required and Condition 4 to be removed and replaced with an advisory note. As the application seeks removal of these three conditions, it is considered that such a proposal cannot be favourably recommended.
RECOMMENDATION:
That permission be REFUSED for the following reason(s):-
1 The removal of the Conditions of consent would be likely to generate additional vehicular reversing movements to and from the highway creating traffic hazards to the detriment of highway safety contrary of Policy T2 and Policy EV6 of the Bridgend Unitary Development Plan and Design Guide 4: Farm Buildings and Conversions.
2 * THE FOLLOWING IS AN ADVISORY NOTE NOT CONDITION (AS ABOVE)
The applicant is advised that more favourable consideration may be given to the variation of Condition 3 and the removal of Condition 4.
P/06/271/FUL MR A BUTLER PER FINE LINE ARCH SERV LTD 30 POND MAWR GARTH MAESTEG PAGE 73 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
BRIDGEND CF34 0NG CHURCH COURT CHURCH STREET MAESTEG BRIDGEND CF34 9AA HARD STANDING TO FRONT OF PROPERTY
Application Received : 1st March 2006
Site Inspected : 3 April 2006
Town Council Observations : Support the application
Report :
SITE / APPLICATION DESCRIPTION
The application seeks consent to construct a hard standing to the front of this detached property. The existing railings will be replaced with a sliding gate. No details of the gate were submitted with the application. The hardstanding will be accessed off Church Street.
The application site was formally the Maesteg Health Clinic, before the change of use to a residential property in 2003. The site is located immediately to the south of the bus station in Church Street. It is within the Maesteg Town Conservation Area.
RELEVANT HISTORY
P/03/821/FUL - Window replacement door removal - Approved 27/08/03.
P/03/85/FUL - Change of use to dwelling house - Approved 18/03/03.
PUBLICITY
The application was advertised on site and in the press. Neighbours have been notified of the receipt of the application. The period allowed for response to consultations expired on 5 April 2006.
NEGOTIATIONS
The agent was asked to give a reason why the approved scheme (P/03/821/FUL) with the parking area to the rear was not implemented, and was also requested to submit elevational plans of the proposed gateway on 20 March 2006. No response was received from the agent.
CONSULTATION RESPONSES
The Assistant Director Transportation and Engineering has no objection to the development, subject to conditions.
The Environment Agency Wales has no objection to the development.
PAGE 74 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
REPRESENTATIONS RECEIVED
Councillor May considers that the application can be determined under officer delegated power.
Councillor Evans considers that the application should be referred to the Committee for the following reason:- "Cars will have to leave and enter the proposed car park from and on to the highway. Also the car parking in front of the building will be affected. Parking on this area - over 50 years of more."
Mrs Edwards, the owner of 12 Church Street, and Mrs Phillips of 10 Church Street, support the application.
Mr Moore of 11 Church Street and Mr Morris of 8 Church Street object to the proposal, as they feel that it would adversely affect the on-street parking spaces on Church Street.
Mr Davies of 44 Fairmeadows, Cwmfelin, had the following comments to make:-
"I wish to object to the above-mentioned application in its present form, and offer some observations to help you in your deliberations. I am not a resident, but a daily visitor to the street, and I have included a photograph to clarify the situation and hope that it will be of some assistance.
PARKING
- The applicant intends removing part of the front garden wall. This will have the effect of reducing car parking spaces in Church Street for residents, visitors and others legally entitled to park in the street.
- The applicant would have known of any parking issues when the property was purchased.
- The situation is made worse at certain times due to inconsiderate parking from some people using the Dance Studio at the bottom of Church Street.
MAESTEG TOWN CONSERVATION AREA
- The removing of part of the front garden wall will have the effect of making the front of the house less aesthetically pleasing by destroying the present symmetrical appearance.
- Access to the hard standing could easily be from the side of the property. (It is to the side rear that the applicant parks another vehicle.)
- I would seem that when the applicant renovated the property that this was the intention and appears to be a common sense approach."
COMMENTS ON REPRESENTATIONS RECEIVED
- With regard to the concerns raised over parking on Church Street. The Highway Authority have assessed the application and offered no objection to the development. PAGE 75 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
- It is considered that the proposed development would have an adverse affect on the character of the building and the Maesteg Town Conservation Area.
APPRAISAL
The application seeks consent to erect a hard standing to the front of this property.
The application site is located within the Maesteg Town Centre Conservation Area. Policy EV38 of the Bridgend Unitary Development Plan states:-
"Proposals for development within conservation areas should preserve or enhance their architectural or historic character or appearance. Development proposals which do not:-
1. Preserve or enhance views, vistas, characteristic street scenes and roofscapes;
2. Show special regard to areas of spatial importance and their relationship to the layout and scale of nearby buildings;
3. Use materials appropriate to their setting and context;
4. Pay special regard to protect trees, hedges and other habitats of importance to biodiversity and visual amenity; and
5. Respect local historical and cultural traditions; will not be permitted."
The wall and railings to the front of the property are part of the character of the building and the conservation area.
Consent from the conversion of the former clinic into a dwelling was granted in 2003 (consent no. P/03/85/FUL), and details were approved later in 2003 (consent P/03/821/FUL). The approved plans for the latter consent show the provision of off-street parking for three cars to the west of the dwelling, with access from the lane leading from Church Street to the south of the dwelling.
The area for parking to the rear of the property is used to store a large caravanette vehicle and a large trampoline.
It is considered that the proposed car parking to the front of the property, and the loss of part of the railings, would have an adverse affect on the character of the building and the Conservation Area.
Whilst determining the application the following policies and guidelines were considered:-
Bridgend Unitary Development Plan
EV38 - Development within a conservation area
PAGE 76 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
EV45 - New development design
H5 - Highway safety
Design Guide 2 : House Extensions
Notes 8
CONCLUSION
The application is referred to the Planning and Development Committee at the request of Councillor Evans, and for consideration of the objections received.
It is considered that the proposed development would have an adverse affect on the character of the dwelling, and the Maesteg Town Centre Conservation Area.
RECOMMENDATION:
That permission be REFUSED for the following reason(s):-
1 The loss of part of the existing wall and railings, and the proposed hardstanding and gateway, would detract from the architectural character and interest of the former clinic building, and would be detrimental to the character and appearance of the Maesteg Town Centre Conservation Area, which is contrary to Policy EV38 of the Unitary Development Plan.
P/06/238/FUL SAVILLS WESSEX HOUSE PRIORS WALK EAST BOROUGH WIMBORNE BH21 1PB F/WAY VERGE ~ BRYNTIRION HILL OPPOSITE BRYNGLAS BRIDGEND CF31 4ES 12.5Mt TELECOMMUNICATIONS STREET FURNITURE COLUMN ACC. 6 INTERNAL ANTENNAE & EQUIP. CABINETS AT GRND LEVEL Application Received : 24th February 2006
Site Inspected : 14 March 2006
Community Council : Notified 27 February 2006
Report:
PAGE 77 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
DESCRIPTION OF DEVELOPMENT
The application is submitted under Part 24 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 as amended for the prior approval for the siting and appearance of a 12.5m telecommunications street furniture column accommodating six internal antennae and equipment cabinets at street level. The column will have a 324mm diameter at the base and widen to 460mm at the top. The 12.5m tower is to be galvanised steel which can be painted to a specified colour and is designed to resemble a street lighting column. Two cabinets measuring 1480mm x 350mm x 1500mm are to be sited on either side of the base of the mast.
RELEVANT HISTORY
None at this location but no objection was raised to the siting and appearance of a mast and cabinet approximately 30m to the west of the application site.
PUBLICITY
Thirteen neighbouring properties have been individually notified of the receipt of the application and a notice was displayed near the site. The period for consultation response expired 27 March 2006.
CONSULTATION RESPONSES
The Assistant Director Public Protection has no objection to the proposal on health grounds.
The Highways Department raises no objections to the development on the basis that the mast is to be located in an area that can be easily accessed for maintenance purposes.
REPRESENTATIONS RECEIVED
The occupier of No.7 Brynglas has submitted a petition signed by 15 local residents objecting to the development on the grounds that there is already one mast opposite their homes and they do not wish to see a second mast sited here.
The occupier of Beechcroft House comments that the mast poses health risks, will result in the devaluation of his property and one already exists in the area. In addition, this respondent considers the mast will look unsightly amongst the trees. There is a danger that the structure may be knocked over should a HGV collide with it. Finally, it is not understood why the applicant has chosen a site in close proximity to residential property when 300m west it could be sited adjacent to open fields.
Carwyn Jones AM requests information in respect of this proposal on behalf of a constituent who sought to object to the development. A response clarifying the publicity measures undertaken was provided to the AM but in a further letter he has advised that his constituent claims that no notice has been displayed, that the mast will be stronger than that existing nearby. Approximately 25 local people oppose the siting of a second mast and the protection hedge to the north is only 3ft high.
PAGE 78 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
The occupier of 44 Dol Nant Dderwen notes that one mast already exists near to their home and there are unresolved health issues in relation to masts. They strongly believe that the application should be refused on the basis that in this populated area another mast would be unsafe and unwarranted. A letter has also been received from Janet Davies AM for South Wales West who requests that notwithstanding planning procedures for dealing with mast applications and in view of local unease, the matter be referred through a full planning procedure. One concern relating to radio emissions from masts is that whilst a single mast is within permitted limits a second mast will assume a higher significance.
COMMENTS ON REPRESENTATIONS RECEIVED
The following observations are provided in response to the concerns raised:-
Under the Town and Country Planning (General Permitted Development) Order 1995 the Local Planning Authority can only consider the siting and appearance of the proposed mast.
For Members' information, the Head of the Planning Division of the National Assembly for Wales wrote to Local Planning Authorities in 2000 stating that:-
"The Stewart Report does not recommend a ban or moratorium on the construction of mobile phone masts and the Assembly has no plans to introduce such measures. Nor does the Report recommend that cordon sanitaires / exclusion zones should be introduced between new masts and existing development (or new development and existing masts).
We need to take careful account of what the expert Group has concluded but, at the same time, not lose sight of many benefits which mobile phones offer for the people of Wales and of our economy. It is important to strike the right balance between promoting economic development and ensuring that there is adequate control to protect people's interests."
More recently the National Assembly has issued a small booklet "Mobile Phone Base Stations and Health". This states interalia that:-
"A group of independent experts led by Sir Williams Stewart has investigated possible health effects posed by mobile phone technology including base stations, on behalf of the Government. The group looked at recent research, took evidence from scientists and listened to the views of the public at open meetings around the UK. Their report was published in May 2000.
Their conclusion was that:-
"The balance of evidence indicates that there is no general risk to the health of people living near base stations, on the basis that exposures are expected to be small fractions of guidelines.
Radio waves above a certain level can cause heating effects to the body. International guidelines have been set to keep exposure to radio waves below that level.
Mobile phone network operators in the UK have agreed to comply with these international PAGE 79 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
guidelines. Exposure to radio wave emissions from base stations has been calculated to be thousands of times lower than the maximum levels stipulated by the guidelines."
In the preamble to the draft revised Technical Advice Note (Wales) 19 Communications issued by the National Assembly is states interalia that:-
"In deciding what weight to put on health considerations and public concern, authorities are advised to have regard to the report of the Independent Expert Group on Mobile Phones (UEGMP) (the Stewart Group's Report) and to this guidance. It is the Assembly's view that, if a proposed development meets the International Commission on Non-Ionising Radiation Protection (ICNIRP) guidelines as expressed in the EU Council Recommendation of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (as recommended by the Group on a precautionary basis), it should not be necessary for an authority, in processing an application, to consider health effects further. All new base stations are expected to meet the ICNIRP guidelines."
The draft revised Technical Advice Note (Wales) 19 Telecommunications states in Paragraphs 67 and 68 that:-
"67. Operators also have responsibilities under health and safety legislation. They have a responsibility to assess any risk to health and safety which may arise, including an assessment of likely exposure levels, and to take any appropriate measures to restrict public access (e.g. through suitable locked and signed anti-personnel barriers). The practical effect of health and safety legislation should be to ensure protection of the public in respect of the established health effects of telecommunications apparatus.
68. Local planning authorities should not seek to replicate through the planning system controls under the health and safety regime. Enforcement of health and safety legislation in this area is a matter for the Health and Safety Executive (HSE). If there is evidence of concern that an operator is not meeting their responsibilities in a particular case HSE will require the necessary action to be taken. HSE do not need to be consulted on individual planning applications (except for development near major hazard sites)." and in Paragraph 72 the Notes says:-
"72. Local authorities are advised not to place undue weight on the findings of individual research projects in determining applications for, or in proximity to, telecommunications apparatus. The IEGMP considered all relevant research as part of its review and this helped to inform its conclusions and recommendations. It is for the NRPB to consider and advise upon individual research reports as part of its role in providing advice on radiological protection matters. Authorities asked by members of the public to consider particular reports should have regard to the expert advice of the NRPB."
The submission has been accompanied by an appropriate ICNIRP Certificate and the Assistant Director Public Protection has no concerns on health grounds.
The publicity requirements for proposals of this nature rests with the applicant erecting a site notice. Whilst there is no statutory requirement on the Local Planning Authority to carry out a neighbour notification exercise, 13 properties were individually notified of the PAGE 80 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
application and a notice displayed near the site on 6 March 2006. All of the responses received have been summarised and included in the previous section of my report.
In considering the appearance of the masts, its design resembles a street lighting column and subject to the structure being painted a similar colour it is considered that its visual impact would not be so significant as to warrant refusal. The issue of devaluation is not material to the Local Planning Authority's consideration of this type of submission which as previously indicated is limited to siting and appearance.
APPRAISAL
The application seeks prior approval for the siting and appearance of a 12.5m telecommunications mast on land adjoining the footway verge at Bryntirion Hill, opposite Bryn Glas, Bridgend.
The proposed installation is located on the footway verge of the A473 Bryntirion Hill. The road runs in an east to west direction through the area, and is a wide busy road. Immediately to the south of the site is a large grassed area in a crescent shape with an access road bowing around its edge. Beyond this to the south is a mixture of housing all of which is screened by mature trees and a complex which is also screened by trees. To the north of the site and A473 is Brynglas, a road running parallel to the main road servicing residential properties. There are regular street lighting columns along Bryntirion Hill, as well as an existing 12m T-Mobile Telecommunications column and cabinet. The application has indicated that a number of alternative sites were considered prior to the adoption of the present site.
The column is to be sited between existing lighting columns and opposite another in order to retain the continuity of the street scene. The column will be similar in its tall and slender scale to the lighting columns and other installation and on a busy road will simply be seen as an additional street furniture aligned with the existing columns. The views to the south are screened by the mature trees on the southern edge of the crescent, whereas views from the north are screened to a degree by the general topography and hedgerow on the north side of Bryntirion Hill.
The development is considered to be compatible with Policy U9 of the Bridgend Unitary Development Plan.
CONCLUSION
In view of the objections received and the Assembly Member's request on behalf of a local resident, I have used my discretion to report the application to Committee.
It is considered that notwithstanding the objections to the submitted proposals, the proposal will not so significantly impart on the visual amenities of the area as to warrant refusal of the scheme. In addition, the scheme is considered compatible with policies of the Unitary Development Plan.
RECOMMENDATION:
PAGE 81 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
That the applicant be informed that the County Borough Council has NO OBJECTION to this proposal.
P/06/310/BCB BRIDGEND COUNTY B C PER ALLEN LLOYD PROJECT MANAG. TRANSPORT & ENG. DEPT., BENNETT ST., BRIDGEND IND EST BRIDGEND CF31 3SH DISMANTLED RAILWAY TRACK LLWYN-HELYG TO CRAIGLAS FARM BLACKMILL, BRIDGEND CF35 6EW CONSTRUCTION OF CYCLE TRACK
Application Received : 8th March 2006
Site Inspected: 6th April 2006
Community Council Notified: 9th March 2006
Report:
DESCRIPTION OF DEVELOPMENT
The application proposes the dismantling of a railway track and construction of a new cycle track.
The railway track runs between Llwyn Helyg bungalow and Craiglas Farm in Blackmill, Bridgend. The length of the track is approximately 0.8 of a mile. The existing site is surrounded by vegetation containing a variety of shrubs and semi mature trees.
RELEVANT HISTORY
P/98/2/FUL - Groundwork Bridgend - Creation of Community route cycle and pedestrian - withdrawn 19/09/00.
PUBLICITY
The application has been advertised on site and neighbours have been notified of the receipt of the application. The consultation period expired on the 6th April 2006.
NEGOTIATIONS
None.
CONSULTATION RESPONSES PAGE 82 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
The Head of Conservation of Environmental Policy has no objections to the application.
Network Rail have no objection to the scheme.
The Head of Development Planning noted that the proposal is located within a landscape conservation area and the strategic coalfield plateau and associated valley sides as identified in Policies EV10(2) and (1) of the adopted Unitary Development Plan respectively.
The Assistant Director of Public Protection has no objection to the proposal.
The Assistant Director of Transportation and Engineering has no objection to the proposal.
Western Power Distribution (WPD) have no objection to the proposal and have included a plan showing existing (WPD) electricity/WPD surf telecom status in the vicinity of the proposed works.
Wales and West Utilities have no objection to the proposal.
REPRESENTATIONS RECEIVED
None
APPRAISAL
The application seeks consent for the construction of a cycle track on a decommissioned railway track.
The proposal would entail dismantling the decommissioned railway track and resurfacing the track with a permanent material for the use of a cycling track.
The proposed cycle track will not have an adverse effect on the visual amenity of the area and will be constructed with materials that are in keeping with the surrounding area/environment.
Whilst determining this application the following policies and guidelines were considered.
BRIDGEND UNITARY DEVELOPMENT PLAN
Policy EV45 - New Development Design Policy EV10 - Development in special landscape areas Policy EV19 - Development affecting sites for nature conservation Policy RC11 - General provision of community routes Policy RC13 - Provision for the national cycle network
CONCLUSION
The application is reported to Committee as it has been submitted on behalf of the Council.
There will be significant tourism and economic benefits of implementing the cycle track as PAGE 83 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
well as benefits to the local community by providing a sustainable transport and leisure route.
The proposal is in accordance with the Bridgend Unitary Development Plan, and consent can be recommended.
RECOMMENDATION:
(A) That for the purposes of Regulation 3 of the Town and Country Planning Regulations 1992 the Council authorise the carrying out of the development.
(B) That permission be deemed to be GRANTED.
P/06/299/BCB B C B C ~ PLANNING DEPT COUNTRYSIDE MANAGEMENT OFFICER CIVIC OFFICES ANGEL STREET BRIDGEND CF31 4WB
WINDRUSH RESTAURANT TON KENFIG BRIDGEND CF33 4PT TEMPORARY CHANGE OF USE TO OFFICE AND INFORMATION POINT FROM CAFE BAR FOR APPROX. 12 MONTHS. Application Received : 7th March 2006
Site Inspected : 3rd April 2006
Community Council Notified : 8 March 2006
Report:
DESCRIPTION OF DEVELOPMENT
The proposal is a full application for the change of use for of a café/bar to a temporary office and information point in association with the adjacent Kenfig National Nature Reserve. The premises will be required for a maximum of 12 months whilst the existing NNR centre is being refurbished. The office will occupy the ground floor of the building and provide accommodation for 5 existing staff. Car parking will be provided in the nearby Kenfig NNR car park. There will be no external alteration to the building and the first floor flat will remain as a separate unit.
The site relates to the ground floor of a two-storey building. The surrounding area is primarily residential in nature although the Kenfig NNR car park and existing centre lie to the west. The site is accessed off the Porthcawl to Maudlam road and there is an area of
PAGE 84 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
open space directly in front of the building.
RELEVANT HISTORY
P/96/675/FUL, first floor extension, refused 10th September 1996
89/0693, provision of café/bar with living accommodation, approved 29th June 1989
NEGOTIATIONS
None
PUBLICITY
The proposal was advertised on site and neighbouring properties have been notified. The period for responses to consultations expired on the 5th April 2006.
CONSULTATION RESPONSES
The Assistant Director Transportation & Engineering - No highway objection subject to conditions.
The Assistant Director Transportation & Engineering - No engineering objections.
The Assistant Director, Public Protection - no objections
REPRESENTATIONS RECEIVED
None
APPRAISAL
Planning permission is sought for the temporary use of a cafe/bar to an office and information point in association with the nearby Kenfig National Nature Reserve. The office is required for a period of 12 months whilst the existing nature reserve centre is refurbished.
The site is located within the settlement boundary of Kenfig as defined in Policy EV12 of the adopted Bridgend Unitary Development Plan. Policy E9 of the UDP refers to the development of under-utilised land for employment purposes and presumes in favour subject to criteria, which includes inter alia the proposed use being compatible with the surrounding area and no unacceptable effects in terms of highway safety.
In this case, whilst the site is close to existing residential properties, the premises will be used by staff employed at the nature reserve as office accommodation, there will be some public calling but all other functions of the centre such as lectures and presentations will be undertaken elsewhere. Also the building has an extant use as a café/bar and the proposal is likely to result in a net reduction in usage particularly during the evening. With regard to the highway safety and sustainability implications, the Assistant Director, Transportation and Engineering has not raised any highway objections to the proposal PAGE 85 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
subject to a condition.
In assessing the proposal the following Policies were considered:-
EV12 - Settlement limits E9 - development of under utilised land for employment uses T2 - Highways
CONCLUSION
The application is referred to Committee as it is has been submitted by the Council for one of its own developments.
It is considered that the proposal is in generally in accord with the provisions of the adopted Unitary Development Plan and represents an acceptable development appropriate with the surrounding area. Furthermore in view of its temporary nature and the likely level of usage, it is not considered the proposal will have an unacceptable impact on the amenity of neighbouring properties.
RECOMMENDATION:
(A) That for the purposes of Regulation 3 of the Town and Country Planning Regulations 1992 the Council carry out the development.
(B) That permission be deemed to be GRANTED subject to the following condition(s):-
1 The consent hereby approved shall relate to the ground floor of the premises only.
Reason: For the avoidance of doubt as to the scope of the consent.
2 The use hereby approved shall be discontinued on or before the 12th April 2007.
Reason: For the avoidance of doubt as to the scope of the consent.
3 The premises shall be used as an office and information point in connection with the Kenfig National Nature Reserve and for no other purpose including any other use in Class B1 of the Schedule to the Town & Country Planning (Use Classes) Order 1987, or in any provision equivalent to that class in any statutory instrument revoking or re- enacting that order.
Reason: For the avoidance of doubt as to the scope of the consent and in the interests of residential amenity.
(Policy R5 - Bridgend Unitary Development Plan)
4 The use hereby approved shall not commence until there has been submitted to and
PAGE 86 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
approved in writing by the local planning authority, a scheme for the provision of signs to inform employees and visitors to use the existing Kenfig National Nature Reserve car park. The approved scheme shall be implemented prior to the commencement of beneficial use and maintained for the duration of the temporary change of use of the property.
Reason: In the interests of highway safety.
(Policy T2 - Bridgend Unitary Development Plan)
P/06/196/RLX GLAMORGAN DEVELOPMENT LTD PER MR TIM SMALE GARTH COURTYARD WENTWORTH CLOSE NEWPORT NP10 8PZ LAND AT CITY FARM BETWS BRIDGEND RES. DEVELOPMENT (OUTLINE) VARIATION OF COND. TO EXTEND PERIOD TO ALLOW RESERVE MATTERS Application Received : 17th February 2006
Site Inspected: 21st March 2006
Community Council Observations: Have no objections to the proposal.
Report:
DESCRIPTION OF DEVELOPMENT
Permission is sought to vary the standard condition imposed on the outline planning permission to allow an additional two years for the submission of an application for reserved matters. The condition was imposed on the outline consent granted for residential development on 27th February 2003 (code no P/02/1234/OUT). The site measures approximately 0.9 hectares in area and is on the south western edge of Bettws. The site comprises a field on the west side of Bettws Road, north of City Cottage and City House, east of City Farm and west and south of Trem y Mor.
The land generally slopes downward from east to west. The lower half of the site falls within a 190m safety zone of the main gas pipeline that passes south of Bettws.
RELEVANT HISTORY
P/02/1234/OUT - Outline planning consent was granted for residential development on 27th February 2003. PAGE 87 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
PUBLICITY
The application has been advertised on site and in the local press. Individual letters of notification have also been sent to the occupiers of neighbouring property. The period allowed for responses to the publicity undertaken expired on 20th March 2006.
NEGOTIATIONS
Commenced on 24th March 2006 and relates to the possible requirement to provide a level of affordable housing as part of the development.
CONSULTATION RESPONSES
The Assistant Director Transportation and Engineering (Drainage) states that the soakaway to be used for the disposal of surface water must be designed to the requirements of BRE Digest 365.
The Assistant Director Transportation and Engineering (Highways) has no objection subject to conditions.
The Assistant Director Public Protection has no observations.
The Environment Agency has no objection.
Welsh Water has no objection subject to conditions.
REPRENTATIONS RECEIVED
The occupiers of 3 Bettws Road oppose the development on the following grounds:-
(i) Development will generate considerable amount of noise
(ii) Construction works will create traffic and dust
(iii) Some loss of privacy
COMMENTS ON REPRESENTATIONS RECEIVED
(i) Noise association with development particularly during construction can constitute a significant nuisance to local residents. On a site of this size it is likely to be short term and better controlled under legislation enforced by the Public Protection Section of the Authority.
(ii) The Assistant Director Transportation and Engineering has previously identified that access directly from Bettws Road to be the most appropriate location in the interests of highway safety. This part of access is also likely to be utilised by construction traffic. A temporary traffic management scheme and wheel washing facilities may be necessary when the Authority eventually considers a detailed application for development on this site.
(iii) The application seeks to renew an outline permission where all matters of details were PAGE 88 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
reserved for future consideration. The siting of the units and the future development can therefore only be influenced through the imposition of the standard privacy condition. This should ensure that the amenities of the occupiers of the neighbouring properties will be safeguarded.
APPRAISAL
This application seeks consent to vary a condition to extend the period to allow the submission of reserved matters. The application should however be assessed against the adopted Bridgend Unitary Development Plan (UDP), which was adopted after the consideration of the original planning outline planning consent P/02/1234/OUT.
In respect of the above, the application site lies within the urban area of Bettws as defined by the designated settlement boundary in the adopted UDP (Policy EV12 refers) and has been allocated for residential development under Policy H1(69) of the UDP.
Policy H7 of the UDP states that the Council will expect an appropriate level of affordable housing on sites of 15 or more units (or exceeding 0.5 hectares in size) in areas where a local need has been identified.
The Principal Housing Officer confirms however that the Local Housing Needs Assessment 2002, the evidence base for the Affordable Housing Policy, identifies a small surplus of affordable housing in the Garw Valley and a larger one for the Bettws Ward. Accordingly a local need has not been identified.
An appropriate level of the public open space should be provided as part of the development and the provision should accord with Policy RC5 of the Unitary Development Plan and the relevant NPFA standards. A condition was however attached to the outline consent for the adequate provision of public open space in accordance with the Council's guidelines, including the provision of an equipped play area for pre-school aged children. The Parks Department have been notified of this submission but no comments have been received to date.
CONCLUSION
The development accords with plan policy and a variation of the standard time limit condition to allow the submission of reserved matters is deemed acceptable.
RECOMMENDATION:
That permission be GRANTED subject to the following condition(s):-
1 Approval of the details of the siting, design and external appearance of the buildings, the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained in writing from the Local Planning Authority before any development begins.
Reason : The condition is imposed in accordance with Section 92(2) (a) of the Town and Country Planning Act 1990. PAGE 89 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
2 Plans and particulars of the reserved matters referred to in condition 1 above, relating to the siting, design and external appearance of any buildings to be erected, the means of access to the site and the landscaping of the site, shall be submitted to and approved in writing by the Local Planning Authority and shall be carried out as approved.
Reason : The condition is imposed in accordance with Section 92(2) (a) of the Town and Country Planning Act 1990.
3 Application for the approval of reserved matters shall be made to the Local Planning Authority before the expiration of five years from the date of the original planning permission P/02/1234/OUT dated 27th February 2003.
Reason : The condition is imposed in accordance with Section 92(2) (a) of the Town and Country Planning Act 1990.
4 The development hereby permitted shall begin before the expiration of two years from the date of approval of the last of the reserved matters to be approved.
Reason : The condition is imposed in accordance with Section 92(2) (a) of the Town and Country Planning Act 1990.
5 The number of residential units on this site shall not exceed 30 units.
Reason: For the avoidance of doubt as to the extent of the permission granted and in the interests of highway safety.
(Policy H1(69) of the Bridgend Unitary Development Plan)
6 No window to a habitable room of the proposed dwelling shall directly face such a window of another dwelling at a distance of less than 21m. A habitable room includes a bedroom, lounge, living room, dining room, study and kitchen but not a bathroom, hall or utility room.
Reason: In the interests of privacy
(Policy EV45 of the Unitary Development Plan)
7 The detail plans shall show no two storey dwelling within 10m or single storey dwelling within 5m of the southern boundary of Trem-y-Mor or Highfields.
Reason: In the interests of residential amenities.
(Policy EV45 of the Unitary Development Plan)
PAGE 90 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
8 The detail plans shall show no part of any building within 12m of the trunk of any retained tree along the southern boundary.
Reason: To safeguard existing trees in the interests of visual amenities and nature conservation.
(Policy EV20 of the Unitary Development Plan)
9 The detail plans to be submitted shall make adequate provision for public open space, in accordance with the Council's guidelines, including the provision of an equipped play area for pre-school age children, and such public open space shall be laid out, landscaped and completed in accordance with a scheme to be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of work on site.
Reason: In the interests of the residential amenities of future occupiers.
(Policy RC5 of the Unitary Development Plan)
10 The soakaway to be used for the disposal of surface water shall be designed to the requirements of BRE Digest 365
Reason: To ensure safe drainage.
(Policies EV17 and U8 of the Unitary Development Plan)
11 The development hereby approved shall be served by a single means of access from Bettws Road, offset from the Tudor Drive junction opposite.
Reason: In the interests of highway safety.
(Policy T2 of the Unitary Development Plan)
12 Unless otherwise agreed in writing by the Local Planning Authority the access shall be at a gradient not steeper than 5% (1 in 20) for the first 10 metres and thereafter not steeper than 12.5% (1 in 8).
Reason: In the interests of highway safety.
(Policy T2 of the Unitary Development Plan)
13 The proposed means of access shall be laid out with vision splays of 3m x 70m before the development is brought into beneficial use.
Reason: In the interests of highway safety.
PAGE 91 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
(Policy T2 of the Unitary Development Plan)
14 No structure, erection or planting exceeding 0.6 metres in height shall be placed within the required vision splay areas.
Reason: In the interests of highway safety.
(Policy T2 of the Unitary Development Plan)
15 No works whatsoever shall commence on site until such time as a scheme has been submitted to and approved in writing by the Local Planning Authority for the provision of a 1.8m wide footpath on the western side of Bettws Road from the proposed access northwards to the existing crossing point. Such a scheme shall be implemented in permanent materials before the development is brought into beneficial use.
Reason: In the interests of highway safety.
(Policy T2 of the Unitary Development Plan)
16 Foul water and surface water discharges shall be drained separately from the site.
Reason: To protect the integrity of the Public Sewerage System.
(Policies EV17 and U8 of the Unitary Development Plan)
17 No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system.
Reason: To prevent hydraulic overload of the Public Sewerage System and Pollution of the Environment.
(Policy EV12 and U8 of the Unitary Development Plan)
18 No land drainage run-off shall be permitted to discharge to the Public Sewerage System.
Reason: To prevent hydraulic overload of the Public Sewerage System and Pollution of the Environment.
Policies EV12 and U8 of the Unitary Development Plan)
19 Development shall not commence on any part of the site until a scheme for foul drainage has been implemented in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Such a scheme shall ensure that PAGE 92 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
a foul sewer is provided which enables each individual plot to connect to main foul public sewer.
Reason: To ensure that a satisfactory comprehensive means of foul drainage is achieved.
(Policies EV17 and U8 of the Unitary Development Plan)
20 * THE FOLLOWING ARE ADVISORY NOTES NOT CONDITIONS (AS ABOVE)
a. The applicant is advised that the development should be designed and constructed in accordance with the January 1993 Mid Glamorgan County Council Design Guide for Residential and Industrial Estate Roads which has been adopted by Bridgend County Borough Council.
b. The applicant is advised that the County Borough Council is committed to a policy of reducing road casualties and the developer will be required to introduce traffic calming measures as part of the proposed development.
c. The applicant is advised to consult with the Highway Authority regarding the Public Right of Way, known as Footpath 10 Bettws before details are submitted to the Local Planning Authority for approval.
d. The applicant is advised to discuss the requirements of complying with Condition 4 with the Parks Manager. If the Parks Manager considers that a financial contribution by the applicant to improve an existing play area, if nearby, would be a more positive approach the applicant can apply to vary that condition and seek to enter a Section 106 Agreement to make an appropriate contribution.
e. If a connection is required to the public sewerage system, the developer is advised to contact the Network Development Consultants (DCWW sewerage agents) on Tel: 01443 331155.
f. The developer is advised to contact the Environment Agency directly for environmental advice on developing this site.
P/06/242/RES REDROW HOMES (South Wales) Ltd REDROW HOUSE, COPSE WALK, CARDIFF GATE BUSINESS PARK, CARDIFF CF23 8RH
PHASE 3, COYCHURCH ROAD, BRIDGEND
RES. DEVELOPMENT OF 83 UNITS ~ RESERVED MATTERS TO ACC. A PAGE 93 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
BUILD ZONE OF 2Mts FROM H/WAY RETAINING WALL AND HOUSES. Application Received : 24th February 2006
Site Inspected : 3 April 2006
Community Council Observations : No objection providing existing conditions of approval are not compromised.
Report :
SITE / APPLICATION DESCRIPTION
Planning consent was granted on 17 May 2005 to construct 345 dwellings on this site, adjacent to Coychurch Road. Work has recently commenced on Phase 1.
The current proposal seeks to amend the previously approved layout on Phase 3 to create a 2.1m "no build" zone between the highway retaining wall and that development. This zone has been requested by Highways.
To create this "no build" zone, it has been necessary to make adjustments to the layout in the following way:- i. minor re-arrangement of parking spaces. ii. re-positioning of garage spaces.
In addition, the proposal also seeks to amend the design of the turning head adjacent to Plot 69 within the Phase 2 area.
RELEVANT HISTORY
02/92/OUT - Outline planning consent for residential development - Approved on 22 June 2004.
04/1347 - Development of 345 dwellings - Approved 17 May 2005.
05/1257 - Variation of condition 1 of consent 04/1347 to allow phased development - Approved 1 November 2005.
05/1648 - Minor resting of dwellings and garages in Phases 1 and 2 - Approved 17 February 2006.
PUBLICITY
The application has been advertised by means of a press and site notice, and neighbours notified of the receipt of the application. The period allowed for responses to consultations expired on 24 March 2006.
NEGOTIATIONS
PAGE 94 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
None.
CONSULTATION RESPONSES
There is no Highway objection, subject to conditions.
Public Protection have advised that the presence of any significant unsuspected contamination, which becomes evident during the development of the site, shall be brought to the attention of the Local Planning Authority.
The Environment Agency have provided their standard advice notes.
REPRESENTATIONS RECEIVED
Councillors P A Hacking and J C Spanswick consider that the application can be determined under officer-delegated power. However, Councillor Spanswick requested clarification as to precisely what this latest in a series of amendments actually means.
APPRAISAL
Since the main consent was granted in May 2005, Highways have been in discussion with Redrow regarding the engineering layout of the site, and more especially with the provision of a 3.5m wide footway / cycleway adjacent to Coychurch Road. In these discussions, Redrow were advised that their layout needed to be amended to create a 2.1m "no build" zone between the footway / cycleway and development. The current application seeks amendments to the previously approved layout to provide the arrangement required by Highways.
The proposed changes are fairly minor in nature, and do not significantly change the overall layout of the site. They are considered necessary to achieve a layout acceptable to Highways.
CONCLUSION
The application is being referred to Committee in order to explain fully to the Local Member the precise details of the proposal.
In conclusion, therefore, it is recommended that, subject to adequate conditions, the application is approved.
RECOMMENDATION:
That permission be GRANTED subject to the following condition(s):-
1 The consent hereby granted is in respect of the details indicated on plans 3820-15- 02-011, submitted on 24 February 2006 and plan P/06/242/A submitted on 10 March 2006.
Reason : To avoid doubt and confusion and to secure a satisfactory development of PAGE 95 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
the site.
2 With respect to any condition attached to consent P/04/1347/RES that requires the prior written approval of the Local Planning Authority, the works hereby approved shall be carried out in accordance with any such approval unless otherwise approved in writing by the Local Planning Authority, and may include discharge of conditions relating to any phase of the development approved by consent P/05/1257/RLX.
Reason : To avoid doubt and confusion, and to secure a satisfactory development of the site.
3 * THE FOLLOWING IS AN ADVISORY NOTE AND NOT A CONDITION (AS ABOVE)
The presence of any significant unsuspected contamination, which becomes evident during the development of the site shall be brought to the attention of the Assistant Director Public Protection.
P/00/420/OUT MRS A R GARLAND MRS M PUW & MRS J GROOM C/O FAIRFAX & CO. 75 HIGH STREET COWBRIDGE LAND AT CAEAU GLEISION FARM LALESTON BRIDGEND RESIDENTIAL DEVELOPMENT WITH PUBLIC OPEN SPACE (APPLICATION IN OUTLINE) Application Received : 16th May 2000
This application was reported to the Planning and Development Committee on 16 March 2006, but was deferred by Members in order to initiate re-consultation with the Education, Leisure and Community Services Directorate in relation to the provision of additional educational accommodation that may be consequent upon this proposal. A meeting is to be held on Friday 7th April attended by officers of the Planning Department, Education and the Council's Solicitor. A report on the discussions will be presented on the amendment sheet for Members consideration with a possible request to defer the application for a further period of time to allow further discussions with the applicant's and their representatives. A copy of my report, with amendments, is however reproduced below:-
"Site Inspected: 31 May 2005
Community Council Observations: Members indicated their objection to any proposed PAGE 96 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
diversion of a public right of way.
Report:
SITE/APPLICATION DESCRIPTION
(a) The application is for outline planning permission with all other matters reserved for future consideration.
(b) The application site is located on the south-western side of Bridgend and covers a mostly rural and undeveloped area of approximately 12 hectares. It forms part of the remaining housing allocation, defined in Policy H1 (24) of the Bridgend Unitary Development Plan.
The submitted site plan indicates two areas of land subject to the application, one of which is a narrow, rectangular area extending to the A473 to the north, this land will form part of the strategic public open space. The second area is roughly triangular in form bounded by Laleston Lane to the west, the access road serving Sunhill and Broadlands Fawr to the south and the previously approved Broadlands development to the east. Caeau Gleision Farm is sited within the development area and the intention is to retain the existing buildings and curtilage.
The site is characterised by a series of fields with associated hedgerow boundaries undulating in form with the fall of the land to the south.
Additional land use constraints include an existing 275kv power cable which crosses the southern part of the site and a public right of way which runs in a nw/se direction.
RELEVANT HISTORY
None relevant to this application.
Outline planning consent was granted for the Development Scheme incorporating housing, retail, commercial, community, religious, education, recreation and open space facilities on the adjoining land to the east, (95/1097 refers).
PUBLICITY
The application has been advertised on site and in the local press as being out of accord with the development plan. The northern portion of the application site lies outside the Local Plan allocation. This land is to be used however, as public open space which accords with the Broadlands Development Brief and consequently the Local Plan.
Site notices were posted at a number of locations including adjacent to the A473, within the Broadlands development, and along Laleston Lane.
NEGOTIATIONS
Negotiations in connection with the application commenced in September 2000 and principally related to matters of highway safety and a financial contribution to the off-site PAGE 97 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
highway improvement works.
The original applicant's poor health and her subsequent death delayed any agreement between the respective parties, and over recent months, officers of the Authority have been discussing an alternative access to develop the site. The Department received a letter requesting the determination of the application on the basis of the information submitted to date and subject to an agreement to provide £50,000 toward off-site improvement works.
Following the initial consideration of this application by the Planning and Development Committee in June 2005, an objection was received from Dwr Cymru Welsh Water on the grounds that the development would overload the existing public sewerage system with no improvements being planned within Dwr Cymru Welsh Water's Capital Investment Programme. In order to overcome this objection, it was necessary for the applicant to fund the undertaking of a hydraulic modelling assessment on the public sewerage system to assess the impact of the foul flows from the development on the network. The assessment has been completed, and a connection point identified. Dwr Cymru Welsh Water has now withdrawn its objection. The connection point does, however, cross land outside the applicant's control, and the developers were requested to amend the application site boundaries to include the land for connection and serve notice on the affected owners. The applicant's agent and Welsh Water, in response, have subsequently confirmed that, under the provisions of Section 98 to 101 of the Water Industry Act 1991, a sewer can be requisitioned to cross third party land. The construction works are then undertaken by Welsh Water and the sewer becomes public apparatus. The matter has been referred to the Council's Solicitor, who has indicated that such a provision exists, and it is, therefore, not necessary for the application boundaries to be adjusted or notices served.
CONSULTATION RESPONSE
The Assistant Director - Transportation and Engineering initially objected to the proposal on the grounds that insufficient details of the proposal had been submitted to enable an assessment of highway safety considerations to be made. It was requested that a Traffic Impact Assessment be submitted indicating likely density, access points onto the network and associated traffic movements.
In response, the applicant's agent provided a written response, expressing an unwillingness to submit such a survey for the following reasons:-
1. The subject area is one originally and currently allocated for residential development in the UDP.
2. The application for your determination is in outline only and the density may not be determined for some time yet. The development at Broadlands has progressed in piece- meal fashion, and
3. The original road design for the allocated site was, presumably, considered and approved by the Transportation Department (TIA) in the knowledge it would serve the whole development.
PAGE 98 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
4. Any Traffic Impact Assessment will be a subjective one at this stage but as I understand it, the road onto which the subject area would be accessed is to a design recently approved by your highway department.
5. If the result of the TIA was considered unsatisfactory - how is it envisaged that the remaining Greenfield Area comprising land in addition to my clients, would be developed. Does your Transportation Department envisage improvements to a road pattern that has been built only within the last two years or so.
6. Surely it is permissible to grant Planning Permission, subject to a suitable condition relating to access. As my client is a private individual it is surely unreasonable to expect her to undertake and fund the work you request at the stage of outline planning.
7. I believe it would be possible for us to appeal this application on the grounds of non- determination and if this was the case and the Inspector found in her favour, we would look to your Council to pay the cost of such an appeal.
In 2001, the Authority granted outline planning consent for the development of the adjoining farm land, following the submission of a Traffic Impact Assessment. Although the parameters of the traffic study did not include the land subject of this application, it concluded that ....."The adverse traffic effects attributable to this development are sufficiently small such that the developers need not undertake or contribute to any off-site highway works."
The contents and findings of the study were assessed by the Assistant Director Transportation and Engineering. Whilst the conclusions in the study were considered reasonable, the data confirmed that the proposed development, when added to the existing committed developments on the Broadlands Estate, would create significant traffic congestion problems on the county highway particularly on Route A48 from Laleston Roundabout to Ewenny Roundabout, Park Street and on the link road junction, to the detriment of the safety and free flow of traffic.
The submitted Traffic Impact Assessment indicated that Ewenny roundabout on Route A48 has existing queues travelling eastbound from the Laleston area of 12 vehicles rising to 228 vehicles with committed development in 2006 and increasing to 263 vehicles with the additionally proposed 180 houses in 2006. Assuming a queue length of 5 metres per vehicle this would equate to queues of 1.3 kilometres in a single lane, or 650 metres in two lanes.
The assessment of the Traffic Impact Assessment prompted the Assistant Director Transportation and Engineering to maintain his objection.
It appears that all of the traffic modelling work undertaken for the Broadlands development as part of the local plan network capacity analysis was undertaken on the understanding that there would be no more than 1,500 houses on the Broadlands development. The number of units already approved, exceeds this figure. The Traffic Impact Assessment indicates that the already committed development will, at a point in time in the future, create problems of congestion on the associated highway network.
As referred to previously, an approach was made to the developer to discuss possible on- PAGE 99 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
site and off-site highway improvements to mitigate future problems of congestion. Eventually accepting that the proposed development would exacerbate the identified problems of highway congestion the applicants agreed to facilitate certain highway improvement works through a financial contribution of £50,000 (under a Section 106 agreement) to be then used for the provision of highway improvement works in a defined corridor which includes the section of the A48 classified road between and inclusive of the Laleston Roundabout and the Ewenny Roundabout and the section of the A473 classified road between and inclusive of Laleston Roundabout and Park Street / Bridgend inner bypass junction. If the Council has not used the money within a period of five years, it would then be returned with the interest accrued thereon.
The Assistant Director Architectural and Technical Services confirms that the area of the application was included within the Hydraulic Study carried out for the Broadlands Development. The study allowed for the drainage of 2,200 properties to the foul sewerage system.
The Assistant Director Public Protection has no observations to make.
The Principal Housing Officer, under the terms of the current affordable housing policy and housing needs strategy is seeking a 20 percent provision of affordable housing. The application site, although not covered under the original outline permission, and related planning agreement, is subject to the terms and provisions of the Broadlands Development Brief, approved supplementary planning guidance for the whole Broadlands allocation. It sets out the numbers and form of provision of affordable housing up to 2006, but states that the arrangements for provision should continue. On this basis, the 10 percent level would accord with the brief and re-negotiating the numbers at this stage would appear unreasonable for an application submitted in 2000.
The Environment Agency has requested the imposition of planning conditions in relation to surface water regulation, maintenance of watercourses, waste excavation and importing of waste.
Dwr Cymru Welsh Water, in a letter received on 2 February 2006, has no objection to the development, subject to conditions.
The Parks Manager has no objection concerning the proposed planning application. Details should be provided concerning the provision of open space, children's equipped play areas etc.
South Wales Police Force Traffic Management and Crime Prevention Departments have no objections/observations to make in respect of the application.
Transco have no objections to these proposals, however, their apparatus may be at risk during construction works and should the planning application be approved then they request that Transco are notified and the promoter of these works is instructed to contact them directly.
The Fire Authority have requested that the developer should consider the need for the provision of:- PAGE 100 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
(i) adequate water supplies on the site for fire fighting purposes; and
(ii) access for emergency fire fighting appliances.
REPRESENTATIONS RECEIVED
The Ramblers' Association have provided the following observations:-
With regard to this development, our Association would request that the path be retained on its existing line as far as possible and kept in an open and pleasant environment away from estate roads and buildings.
We would request that serious consideration is given to upgrading this path to a cycleway / community route together with a section of FP2 to link in with the existing new cycle route to Newbridge Fields through the Broadlands Development. This would give a pleasant route for non car users to travel between Laleston and the centre of Bridgend."
APPRAISAL
The application site is identified for residential development in the Bridgend Unitary Development Plan (Policy H1 (24) refers). The number of housing units, thus far approved by the Authority does, however, exceed the figure of 1,200 units referred to in the explanatory text associated with plan Policy H4 of the former Ogwr Borough Local Plan. The original total site allocation however incorporated 120 hectares of land, which based on reasonable housing densities could accommodate well over 2,000 units. No controls were imposed either through the outline planning permission or section 106 agreement, over density and total numbers and whilst large areas have been set aside for strategic landscaping and open space the figure of 1,200 units over such a site was an underestimate. Moreover, since the Ogwr Borough Local Plan was adopted in 1995, government advice has moved significantly in favour of higher housing densities.
As detailed previously in this report, the Traffic Impact Assessment submitted in 2000 highlighted future problems of traffic congestion along the highway network serving the Broadlands development. Approving further housing development would exacerbate the problems identified, but refusing permission for residential development on allocated land would be difficult to sustain at appeal.
The opportunity to implement certain highway improvement works within the defined corridor, through a financial contribution will attempt to mitigate future problems of congestion to which this development will contribute.
The Broadlands Development Brief and illustrative master plan identifies all the strategic allocations identifying areas of open space, play and landscaping. As supplementary planning guidance the Development Brief will still be relevant to the future development of this site. In that respect the brief identifies the position of important trees and hedgerows, existing rights of way and the proposed footpath/cycleway which passes through the site from the north west to the south east.
Since the submission of the application in 2000, the Authority has adopted the Bridgend Unitary Development Plan which amongst other things contains a specific policy requiring PAGE 101 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
the provision of affordable housing where a need is identified and on land exceeding 0.5 hectares. Clearly this site falls within the terms of the policy and furthermore the Housing Department has confirmed the need for such housing despite the planned provision of 150 units on the existing Broadlands Development. In this case, such a provision could be achieved through a S.106 Agreement.
CONCLUSION
Despite the problems with the transport network serving the estate as highlighted above, the development of this site does accord with both national and local plan policies. The applicant's contribution to a programme of works in the affected corridor is both necessary and will be beneficial to existing and future occupiers. Subject therefore to the applicant entering into a Section 106 agreement and other conditions of consent the proposal is considered acceptable.
Since my original report, further consideration has been given to likely number of units proposed on the site having regard to infrastructure, capacity, developable area and average housing densities. Accordingly there has been a variation in the recommended number of units on site with a reduction from 360 to 305. Subject to the applicant entering into a Section 106 Agreement and other conditions of consent the proposal is considered acceptable.
RECOMMENDATION :
(A) The applicant enter into a Section 106 Agreement to provide:-
1. a financial contribution of £50,000 (index linked from 9 June 2005) toward highway works in a defined corridor which includes the section of the A48 classified road between and inclusive of the Laleston roundabout and the Ewenny roundabout and the section of the A473 classified road between and inclusive of Laleston roundabout and Park Street/Bridgend Inner-By-Pass junction, prior to development commencing on site.
2. Affordable Housing Land to enable 31 of the dwelling houses constructed to be Affordable Housing, transfer sufficient land to the nominated Registered Social Landlord for the construction of the units and the provision of the affordable housing prior to the 150th dwelling being occupied on the development site.
(B) That power is delegated to the Executive Director - Environment to issue a decision notice granting consent in respect of this proposal once the applicant has entered into the aforementioned Section 106 Agreement, and subject to the standard outline conditions and the following conditions:-
The Council's Solicitor has confirmed in writing that the approach adopted in respect of the sewer connections is acceptable and there is no requirement to vary the application site boundaries.
1 The number of residential units on this site shall not exceed 305 in total number and PAGE 102 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
the site shall be developed in accordance with the general principles of the approved Broadlands Development Brief and indicative masterplan attached to that document.
Reason: To ensure that the development proceeds in accordance with the policies and provisions of the Local Planning Authority and in the interests of highway safety.
(Policy H1(24) - Bridgend Unitary Development Plan)
2 The proposed means of access shall be served via the internal estate network on the Broadlands residential development with no separate direct vehicular access to Route A473 or the lane of the western boundary.
Reason: In the interests of highway safety.
(Policy T2 of the Unitary Development Plan refers)
3 No works whatsoever shall commence on site until such time as a scheme has been submitted showing an improvement to the roundabout at the junction of the Broadlands Link and Route A48, signal phasing adjustments at Park Street and Broadlands Link and signing/lining adjustments on Route A48 between Laleston roundabout and Ewenny roundabout. Such scheme shall be approved by the local Planning Authority before any works commence on site, and completed as approved before any units are brought into beneficial use.
Reason: In the interests of highway safety.
(Policy T2 of the Unitary Development Plan)
4 No development shall take place on the landscaping and open spaces implementation programme or on any phase of the development until full details of both hard and soft landscape works have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. These details shall include (proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc).
Reason : To maintain and improve the appearance of the area in the interests of visual amenity, and to promote nature conservation.
(Policy EV20 and EV45 of Unitary Development Plan refers)
5 Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers / densities PAGE 103 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
where appropriate; and implementation programme.
Reason: To maintain and improve the appearance of the area in the interests of visual amenity, and to promote nature conservation.
(Policies EV20 and EV45 of Unitary Development Plan refers)
6 No development shall take place on any phase of the development until details of earth-works have been submitted to and agreed in writing by the Local Planning Authority. These details shall include the proposed grading and mounding of land areas including the levels and contours to be formed, showing the relationship of proposed mounding to existing vegetation and surrounding landform. Development shall be carried out in accordance with the approved details.
Reason: To maintain and improve the appearance of the area in the interests of visual amenity, and to promote nature conservation.
(Policies EV20 and EV45 of Unitary Development Plan refers)
7 All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority.
Reason: To maintain and improve the appearance of the area in the interests of visual amenity, and to promote nature conservation.
(Policies EV20 and EV45 of Unitary Development Plan refer)
8 No development shall take place on any phase of the development until a schedule of landscape maintenance for a minimum period of three years has been submitted to and approved in writing by the Local Planning Authority. The schedule shall include details of the arrangements for its implementation. Development shall be carried out in accordance with the approved schedule.
Reason: To maintain and improve the appearance of the area in the interests of visual amenity, and to promote nature conservation.
(Policy EV20 and EV45 of Unitary Development Plan refers)
9 The plans and particulars submitted in accordance with the reserved matter in respect of landscaping above shall include:-
(a) a plan showing the location of, and allocating a reference number to, each existing tree on the site which has a stem with a diameter, measured over the bark at a point 1.5 metres above ground level, exceeding 75mm, showing which trees are to be retained and crown spread of each retained tree; PAGE 104 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
(b) details of the species, diameter (measured in accordance with paragraph (a) above), and the approximate height, and an assessment of the general state of health and stability, of each retained tree and of each tree which is on land adjacent to the site and to which paragraphs (c) and (d) below apply;
(c) details of any proposed topping or lopping of any retained tree, or of any tree on land adjacent to the site;
(d) details of any proposed alterations in existing ground levels, and of the position of any proposed excavation, within the crown spread of any retained tree or of any tree on land adjacent to the site.
(e) details of the specification and position of fencing and of any other measures to be taken for the protection of any retained tree from damage before or during the course of development.
In this condition "retained tree" means an existing tree which is to be retained in accordance with the plan referred to in paragraph (a) above.
Reason: To maintain and improve the appearance of the area in the interests of visual amenity, and to promote nature conservation.
(Policy EV20 and EV45 of Unitary Development Plan refers)
10 The plans and particulars submitted in accordance with the reserved matters in respect of landscaping above shall include details of the size, species, and positions or density of all trees to be planted, and the proposed time of planting.
Reason: To maintain and improve the appearance of the area in the interests of visual amenity, and to promote nature conservation.
(Policies EV20 and EV45 of the Unitary Development Plan refers)
11 If within a period of three years from the date of the planting of any tree, that tree or any tree planted in replacement for it, is removed, uprooted or destroyed or dies, or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective another tree of the same species and size as that originally planted shall be planted at the same place, unless the Local Planning Authority gives its written consent to any variation.
Reason: To maintain and improve the appearance of the area in the interests of visual amenity, and to promote nature conservation.
(Policies EV20 and EV45 of Unitary Development Plan refers)
12 The detail plans to be submitted shall make adequate provision for public open space, in accordance with the Council's guidelines, including the strategic public open space between the A473 and Laleston lane and such public open space shall be PAGE 105 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
equipped, laid out, landscaped and completed in accordance with a schedule to be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of work on site.
Reason : In the interests of the residential amenities of future occupiers.
(Policies EV45 and RC5 of the Unitary Development Plan refers)
13 No development shall take place until details of the proposed floor levels of the buildings in relation to existing ground levels and the finished levels of the site have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason: To ensure that the development relates appropriately to the topography of the site and the surrounding area.
(Policy EV45 of the Unitary Development Plan refers)
14 The developer shall ensure that a suitably qualified archaeologist is present during the undertaking of any ground works in the development area, so that an archaeological watching brief can be conducted. The archaeological watching brief will be undertaken to the standards laid down by the Institute of Field Archaeologists. The Local Planning Authority will be informed in writing, at least two weeks prior to the commencement of the development, of the name of the said archaeologist.
Reason: To ensure that any non replaceable archaeological assets are investigated and noted, as the site lies in an area of potential archaeological interest.
(Policy EV45 of Bridgend Unitary Development Plan refers)
15 No development shall commence until a scheme for the provision and implementation of a surface water regulation system has been submitted to and agreed in writing by the Local Planning Authority.
Reason: To prevent the increased risk of flooding.
(Policy EV17 of Bridgend Unitary Development Plan refers)
16 No development shall commence until a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water and land drainage will be dealt with has been submitted to and agreed in writing by the Local Planning Authority.
Reason : To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs to the environment or the existing public sewerage system.
PAGE 106 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
(Policy EV17 - Bridgend Unitary Development Plan)
17 * THE FOLLOWING ARE ADVISORY NOTES NOT CONDITIONS (AS ABOVE)
a. The development should be designed and constructed in accordance with the January 1993 Mid Glamorgan County Council Design Guide for Residential and Industrial Estate Roads which has been adopted by Bridgend County Borough Council.
b. The applicant is advised that the County Borough Council is committed to a policy of reducing road casualties and the developer will be required to introduce traffic calming measures as part of the proposed development.
c. 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.
d. Site operators should ensure that there is no possibility of contaminated water entering and polluting surface or underground waters.
e. The developer is advised to consider the need for the provision of:-
(i) adequate water supplies on the site for fire fighting purposes; (ii) access for emergency fire fighting appliances.
f. For the avoidance of doubt, the term 'affordable housing' means subsidised housing at below market prices or rents intended for those households who cannot afford housing at market rates. It is usually managed by a registered social landlord.
g. Foul water and surface water discharges must be drained separately from site.
h. No surface water shall be allowed to connect, either directly or indirectly, to the public sewerage system.
i. No land drainage run-off will be permitted to discharge to the public sewerage system.
j. The proposed development site is crossed by a public sewer. Under the Water Industry Act 1991, Dwr Cymru Welsh Water has rights of access to its apparatus at all times. No part of the building will be permitted within 3 metres either side of the centreline of the public sewer.
P/05/1460/FUL PAGE 107 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
BOVIS HOMES LTD (SW REGION), PO BOX 187, CLEEVE HALL, BISHOPS CLEEVE, CHELTENHAM GL52 8GS
BAYSWATER TUBES, HEOL-Y-GEIFR PENCOED BRIDGEND CF35 6UG DEMOLISH IND. BUILDING & CONST 58 DWELLINGS, Apts, 2 & 3 Bed Houses inc.10 Aff. Units, Roads & Pking ~ AMENDED LAYOUT Application Received : 1st November 2005
Site Inspected: The site was inspected on 30 March 2005 in relation to the previous application on this site. No further site visits have been undertaken in respect of this current application.
Town Council Observations: "This development would bring the total build to the western side of the town over the 200 limit already identified for a second crossing of the railway line.
A previous application in this vicinity was refused on the basis of the narrowness of Heol y Geifr. The newly proposed widening of this road is still inadequate. There is a need to create a marked dedicated parking zone outside the line of the proposed wider carriageway.
The proposed change in access and egress does not reflect any improvement and cannot be regarded as suitable or acceptable.
Concern is expressed at the high density of the site.
Concern is expressed in relation to surface and sewer drainage. This area has a long historical serious problem in relation to drainage.
There is a major impact on the whole of Pencoed because of the location of this proposed development. Consequently this Council again strongly requests an urgent meeting between the Planning Officer, Developer, Pencoed Town Council and a representative group of members of the public who will be affected by this proposed development.
This revised application does not, in the Council's opinion, represent significant changes to original application and are therefore strongly opposed to it."
Report:
SITE/APPLICATION DESCRIPTION
The site is located between Heol y Geifr and the main railway line on land which is currently occupied by Bayswater Tubes. It is proposed to demolish the existing buildings on the site and construct 58 residential units comprising of 1 and 2 bed apartments, 2 bed maisonettes and 3 bed houses.
The site would be accessed by a single access off Heol y Geifr with the units building around an open square and Mews Court. Areas of open space have been shown centrally
PAGE 108 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
within the site and on the western corner of the site.
The properties are a mix of 2/3 storey houses together with 3 / 4 storey blocks of flats. Parking would be provided adjacent to each property or in nearby parking courts.
Open space would be provided centrally within the site in the form of a "village green" together with other areas on the western corner of the site. Landscaping of these areas is proposed.
RELEVANT HISTORY
05/380/FUL - Construction of 58 dwellings - Refused 5 September 2005.
The reasons for refusal were based on highway concerns regarding the impact of the development on the local highway network, inadequate access arrangements, lack of information submitted in relation to the noise impact from the adjacent railway line and design concerns.
PUBLICITY
The application was advertised by means of a site and press notice and neighbours were notified of the receipt of the application. The period allowed for responses to consultations expired on 27 March 2006.
NEGOTIATIONS
Negotiations have been held with the applicants in respect of highway concerns regarding the suitability of the access to the site via Heol y Geifr. In addition, discussions were held regarding a revised layout to the site following an objection from the Environment Agency as part of the site is located within a C2 Floodzone.
CONSULTATION RESPONSES
There is no highway objection subject to conditions and that the applicant contribute £12,500 to fund enhanced public transport facilities in the vicinity of Heol y Geifr.
Public Protection have advised that should any contamination become evident during the development of the site it shall be brought to the attention of the Local Planning Authority.
The housing manager has requested that under the affordable housing policy of the Council 18 of the proposed units would need to be affordable units.
The Principal Engineer has advised that he is not aware of any separate surface water drainage systems within or adjacent to the site and it is known that severe overloading and periodic flooding of the existing downstream sewer already exists. He has further advised that the site will generate flows in excess of what could reasonably be discharged to the existing combined sewer within Heol y Geifr. He has also advised that if Dwr Cymru Welsh Water require that foul and surface drainage are disposed of separately then alternative water drainage proposals will need to be agreed with the Local Planning Authority.
PAGE 109 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
Dwr Cymru Welsh Water initially objected to the proposal on the grounds that the proposed development would overload the existing public sewerage system. However, following discussions with the applicant, Dwr Cymru Welsh Water have now withdrawn their objection and have no objection to the development subject to conditions.
The Environment Agency initially objected to the proposal as part of the site is located within a C2 Flood Zone as defined by the development advice maps referred to under Tan 15 - Development and Flood risk (July 2004). As a result, the developer redesigned the layout to remove any dwellings from the flood risk area. The Environment Agency withdrew their objection but remained concerned regarding an electricity sub-station remaining within the C2 area and have suggested it should be removed from this area.
The Agency have also raised concern regarding the lack of information submitted to address the risks to controlled waters. They have advised, however, that if the Local Planning Authority are satisfied that the land does not pose a risk to human health or the water environment and are prepared to grant full permission without reference to a desk study then an adequate condition requiring submission of a desk top study to evaluate ground conditions and contamination should be attached to any consent granted.
South Wales Police have given advice on the need to consider adequate precautions to improve crime prevention.
The Fire Officer has made the following observations:-
The developer is advised to consider the need for the provision of:-
(i) adequate water supplies on the site for fire fighting purposes; (ii) access for emergency fire fighting appliances.
The Parks Manager has advised that as no play facilities are being proposed an "in lieu" off-site contribution of £17,700 should be requested from the developer.
The Welsh Assembly Government Roads Network Management Division has no objection or comments to make.
REPRESENTATIONS RECEIVED
Twenty three letters have been received from neighbours expressing the following concerns:- i) The site is too small for the number of units proposed. ii) Increase in traffic on Heol y Geifr will be hazardous to residents. iii) Increase danger at junction of Heol y Geifr and Hendre Road. iv) Additional noise and pollution from increased traffic levels. v) Major problem with traffic held up by level crossing on Hendre Road. PAGE 110 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
vi) Loss of privacy. vii) Loss of light. viii) Increase in dust levels during demolition works. ix) Insufficient car parking being provided. x) Increase danger to children on Heol y Geifr who use the route to walk to school and to play on. xi) Existing problems of water pressure and sewage. xii) No additional dwellings should be built until problems with railway crossing has been resolved. xiii) Heol y Geifr should be widened. xiv) Poor design, not in character with area. xv) Increase strain on community services. xvi) Time of working should be adhered to.
One letter has been received in support of the application.
Following the redesign of the site layout neighbours were reconsulted. Ten responses were received from neighbours, 9 expressing the same concerns while 1 resident who previously objected now expressed support for the scheme.
COMMENTS ON REPRESENTATIONS RECEIVED
The main concerns expressed by residents are in respect of highway concerns and the impact of traffic on Heol y Geifr and Hendre Road. The applicants prepared a traffic assessment to show the proposed levels of vehicle movement from the site and to assess how this would differ from the existing traffic generation from the current industrial site. In carrying out this assessment, consideration was given to the level of heavy goods vehicles currently leaving the site.
The report was assessed by the Authority's consultants and it was considered that the volume of traffic generated by the new development would not have a greater impact on the highway network than the existing industrial use.
Discussions with the applicant has also resulted in the widening of the north eastern end of Heol y Geifr to 6.8m and this is considered acceptable to highways to overcome the concerns about the suitability of Heol y Geifr. Similarly the level of car parking proposed is considered adequate to highways.
The layout has been designed to ensure that all habitable room windows are at least 21m away from habitable room windows on existing adjacent properties. As such the layout PAGE 111 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
complies with the Council's privacy standard and would not, therefore, result in a loss of privacy.
Dwr Cymru Welsh Water (DCWW) were originally concerned about the impact of the development on the public sewerage system. However, following information submitted by the applicant regarding the existing drainage arrangements, DCWW withdrew their objections subject to conditions being attached to any consent granted.
The layout of the site would ensure that there would be no loss of light to existing dwellings.
The site has been designed around an area of open space and courtyard areas. Although the design of the dwellings are not similar to others nearby it is considered that they are acceptable.
APPRAISAL
Bayswater Tubes have been located on this site for many years. It is served by 2 access points of Heol y Geifr. The buildings on site have recently been reclad to give a more modern appearance. The boundary adjacent to Heol y Geifr is formed by a two metre high pallisade fence onto which the residents of Heol y Geifr look. On the south western boundary of the site the boundary with the properties on Redlands Close is not well defined and residents of Redlands Close overlook a car park and lorry turning area.
This site lies within the urban area of Pencoed as defined by the designated settlement boundary in the adopted Bridgend Unitary Development Plan (Policy EV12 refers). The development of this land in principle for residential development therefore constitutes a residential 'windfall' site permissible under Policy H3 of the UDP.
The supporting text to Policy T14(3) of the adopted Bridgend UDP states that no further development to the west of the Pencoed railway will be permitted until a scheme has been implemented which will allow the network to accommodate the additional traffic movements associated with development.
Policy H7 of the UDP states that the Council will expect an appropriate level of affordable housing on sites of 15 or more units (or exceeding 0.5 hectares in size) in areas where a local need has been identified. The findings of the 2002 Housing Needs Survey identified the Pencoed area as one that has the greatest need for affordable housing.
Highways have assessed the impact of the development on the highway network and subject to a requirement to widen Heol y Geifr they have raised no objection to the proposal.
With regards the affordable housing issue this will need to be the subject of a Section 106 Agreement to ensure that the affordable units are maintained as such in perpetuity.
The layout of the site has been designed to minimise any visual impact on existing residents. On the Heol y Geifr frontage 4 dwellings are shown facing existing properties. These are positioned 21m away from existing dwellings and as such it is considered that PAGE 112 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
these would not impact on neighbours.
One unit is positioned on the northern side of the main access but has its gable end facing existing dwellings. An additional unit to the south of the space area also has its gable end facing exiting dwellings. It is considered that these dwellings would not have a detrimental impact on the outlook from existing dwellings. The remainder of this boundary would be open space with landscaping. It is considered that this would be an improvement on the existing outlook onto a pallisade fence.
On the southern part of the site the proposed flats would be positioned approximately 26m away from the rear of existing dwellings on Redlands Close. Landscaping would also be provided along the southern boundary. It is considered that this arrangement would not result in any loss of privacy to existing residents or affect their outlook.
The Environment Agency have expressed concern about the positioning of an electricity sub-station within the identified flood risk area. Although the sub-station is within the flood risk area it replaces an existing one already located within the flood risk area. As such it is considered that it would be unreasonable not to allow the new sub-station to be located as shown. It would, however, be reasonable to remove any permitted development rights which would allow other statutory undertakers to construct buildings within the flood risk area. This can be done by condition.
CONCLUSION
The application is being reported to Committee due to the concern of local residents.
I have taken into consideration all the concerns expressed by local residents regarding the redevelopment of this site for housing. It is considered that the proposal would not have a detrimental impact on neighbours or have an adverse impact on the highway network. It is, therefore, recommended that the application is approved.
RECOMMENDATION :
(a) The applicant enter into a Section 106 Agreement to
(i) Provide 18 affordable dwellings on the site at 75% market value subject to an appropriate mechanism for them to be provided in perptuity.
(ii) To provide a contribution of £17,700 towards the improvement and maintenance of other nearby play areas.
(iii) To provide a contribution of £12,500 towards the funding of enhanced public transport facilities in the vicinity of Heol y Geifr.
(iv) To carry out a traffic survey 3 years from the date of the occupation of the last dwelling on the site to establish whether the traffic generated by the development exceeds the figures estimated in the transportation assessment for the potential industrial use of the site. If the figures are exceeded the developer will be required to provide advance warning signage as identified in paragraphs 5.9 and 5.10 of the submitted transportation PAGE 113 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
assessment.
(b) That power is delegated to the Executive Director - Environment to issue a decision notice granting consent in respect of this proposal once the applicant has entered into the aforementioned Section 106 Agreement, as follows:-
1 The south eastern kerbline of Heol y Geifr shall be set back and widened to provide an overall carriageway width of 6.8 metres between the north eastern site boundary and the proposed site access and (with appropriate transition) a 6.0m overall carriageway width between the proposed site access and the south western boundary with a 1.8 metre abutting footway along the full side frontage.
Reason: In the interests of highway safety.
(Policy T2 - Bridgend Unitary Development Plan)
2 Notwithstanding the submitted drawings, no works shall commence on site until engineering details of the widened section of Heol y Geifr, the 1.8m footway in Heol y Geifr, the revised junction arrangements at Hendre Road and the internal estate road layout with sections, street lighting, surface water drainage, traffic calming, visibility splays to junctions, forward visibility zones and lane widening to bends and highway retaining structures (embankments or walls) have been submitted to and approved in writing by the Local Planning Authority. The works shall then be implemented in accordance with the approved details before the development is brought into beneficial use.
Reason: In the interests of highway safety.
(Policy T2 - Bridgend Unitary Development Plan)
3 The proposed means of access shall be laid out with 7.5 metre radius kerbing on either side of the entrance, constructed and retained in permanent materials with vision splays of 4.5m x 70m frontage before the development is brought into beneficial use. All plot boundaries should be set back so as not to impinge upon the splay and the area between plot boundary and back of splay shall be completed in permanent materials as approved by the Local Planning Authority.
Reason: In the interests of highway safety.
(Policy T2 - Bridgend Unitary Development Plan)
4 No structure, erection or planting exceeding 0.6 metres in height above adjacent carriageway level shall be placed within the required vision splay areas.
Reason: In the interests of highway safety.
PAGE 114 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
(Policy T2 - Bridgend Unitary Development Plan)
5 The internal estate road shall be laid out to a minimum width of 5.5 metres with abutting 1.8m footways as shown on the developers submitted plan no. 003-2-201- Rev B.
Reason: In the interests of highway safety.
(Policy T2 - Bridgend Unitary Development Plan)
6 The 1.8m footway on the south western side of the estate road shall be extended to the eastern end of the visitor lay by (to facilitate an alighting point for drivers utilising the lay by) and reduced thereafter to a 1.0 metre margin to link with the footway at the rear of No's 53-59.
Reason: In the interests of highway safety.
(Policy T2 - Bridgend Unitary Development Plan)
7 The visitor lay by on the south western side of the estate road shall be a minimum width of 2.75 metres wide.
Reason: In the interest of highway safety.
(Policy T2 - Bridgend Unitary Development Plan)
8 All driveways/parking areas shall be completed in permanent materials prior to occupation of the dwellings served.
Reason: In the interest of highway safety.
(Policy T2 - Bridgend Unitary Development Plan)
9 No development shall commence until details of facilities for wheel cleansing have been approved in writing by the Local Planning Authority. Such facilities shall be provided, as approved, before works commence on site.
Reason: In the interests of highway safety.
(Policy T2 - Bridgend Unitary Development Plan)
10 No development shall commence on site until a scheme for the provision of a compound and car park for construction vehicles has been submitted to and approved in writing by the local planning authority. The approved scheme shall be implemented prior to commencement of works on site and maintained for the PAGE 115 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
duration of the construction works.
Reason: In the interests of highway safety.
(Policy T2 - Bridgend Unitary Development Plan)
11 No works shall commence on site until such time as a scheme has been submitted to the LPA and agreed in writing showing a revised arrangement at the junction of Heol y Geifr / Hendre Road incorporating a reduced width junction and enhancing the available south eastern junction visibility. Such scheme shall be completed as approved before the occupation of the 20th dwelling.
Reason: In the interests of highway safety.
(Policy T2 - Bridgend Unitary Development Plan)
12 No works shall commence on site until details of a scheme to provide two yellow box junction markings at the junction of Hendre Road/Heol y Geifr and Hendre Road / Relief Road have been submitted to and agreed in writing by the Local Planning Authority. The approved scheme shall be implemented before the occupation of the 20th dwelling.
Reason: In the interests of highway safety.
(Policy T2 of Bridgend Unitary Development Plan)
13 No development shall take place until a detailed specification for, or samples of, the materials to be used in the construction of the external surfaces of the buildings hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.
Reason: To ensure that the proposed materials of construction are appropriate for use on the development so as to enhance and protect the visual amenity of the area.
(Policy EV45 of Bridgend Unitary Development Plan)
14 None of the buildings shall be occupied until works for the disposal of sewage have been provided on the site to serve the development hereby permitted, in accordance with details to be submitted to and approved in writing by the Local Planning Authority.
Reason: To ensure safe drainage of the site.
15 Development shall not begin until details of drainage work and a programme for the implementation of those works have been submitted to and agreed in writing by the Local Planning Authority. The development shall then be carried out in accordance PAGE 116 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
with the agreed details and programme.
Reason: To ensure safe drainage of the site.
(Policy EV17 of Bridgend Unitary Development Plan)
16 No development shall take place until there has been submitted to and agreed in writing by the Local Planning Authority a landscaping scheme.
Reason : To maintain and improve the appearance of the area in the interests of visual amenity, and to promote nature conservation.
(Policy EV45 of Bridgend Unitary Development Plan)
17 Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers / densities where appropriate; and implementation programme.
Reason: To maintain and improve the appearance of the area in the interests of visual amenity, and to promote nature conservation.
(Policy EV45 of Bridgend Unitary Development Plan)
18 All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority.
Reason: To maintain and improve the appearance of the area in the interests of visual amenity, and to promote nature conservation.
(Policy EV45 of Bridgend Unitary Development Plan)
19 No development shall take place until a schedule of landscape maintenance for a minimum period of three years has been submitted to and approved in writing by the Local Planning Authority. The schedule shall include details of the arrangements for its implementation. Development shall be carried out in accordance with the approved schedule.
Reason: To maintain and improve the appearance of the area in the interests of visual amenity, and to promote nature conservation.
(Policy EV45 of Bridgend Unitary Development Plan)
20 The development shall not be brought into beneficial use until space has been laid PAGE 117 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
out within the site in accordance with the approved plans for cars to be parked.
Reason: To ensure adequate off street parking is provided, in the interests of highway safety.
(Car Parking Guidelines)
21 No development shall be carried out on site until details of a desk top study to determine the presence of any contamination on site has been submitted to and approved in writing by the Local Planning Authority. Any mitigation measures that are required as a result of the survey shall be carried in accordance with a programme of works to be submitted to and agreed in writing by the Local Planning Authority.
Reason: To ensure that adequate precautions are take to protect the health and amenity of existing nearby residents and proposed residents.
(Policy EV26 of Bridgend Unitary Development Plan)
22 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development Order) 1995 (or any Order revoking and re-enacting that Order with or without modification), no development which would be permitted under Article 3, Part 2, Class A; Part 4 Classes A and B;
Park 16; Part 17 Classes D, F and G, Part 24, and 25 within the identified flood risk area shaded red on plan 05/1460/A without the prior written consent of the Local Planning Authority.
Reason: To prevent flooding.
(Policy EV17 of Bridgend Unitary Development Plan)
23 * THE FOLLOWING ARE ADVISORY NOTES NOT CONDITIONS (AS ABOVE)
a. The developer is advised to consider the need for the provision of:-
(i) adequate water supplies on the site for fire fighting purposes; (ii) access for emergency fire fighting appliances.
b. The presence of any significant unsuspected contamination which becomes evident during the development of the site shall be brought to the attention of the Assistant Director Public Protection.
c. The floor levels of all dwellings shall be set at 600mm above existing ground levels.
d. Foul and surface water discharges must be drained separately from the site.
e. No surface water or land drainage run-off will be permitted to discharge to the PAGE 118 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
public sewerage system.
f. If a connection is required to the public sewerage system the developer is advised to contact Dwr Cymru Welsh Water on 01443 331155.
g. The applicant should be advised that the County Borough Council is committed to a policy of reducing road casualties and the developer will be required to introduce traffic calming measures as part of the proposed development.
h. The applicant should be advised that the development should be designed and constructed in accordance with the January 1993 Mid Glamorgan County Council Design Guide for Residential and Industrial Estate Roads which has been adopted by Bridgend County Borough Council.
i. The Highway Authority will require the developer to enter into a legally binding agreement to secure the proper implementation of the proposed highway works including an appropriate bond.
j. The applicant should consider the preparation of a Green Travel Plan which should include an information pack containing a 3 month public transport season ticket and public transport information including timetables to be provided by the developer upon occupation of each residential unit.
k. Rainwater run-off shall not discharge into the highway surface-water drainage system. Failure to ensure this may result in action being taken under section 163 of the Highways Act 1980. You will be aware from the attached letter that there are some concerns in respect of the drainage arrangements in the area particularly in terms of responsibility, and, whilst these are not planning matters, the developer will need to resolve these difficulties prior to undertaking any work on site.
P/06/44/FUL WERN TARW RECYCLING LTD PER ALLIANCE ENV & PLAN LTD HALIFAX HOUSE 14/15 FREDERICK RD EDGBASTON BIRMINGHAM B15 1JD STORMY DOWN OLD RAF AIRFIELD PYLE BRIDGEND CF33 4RS SOILS & GREEN WASTE RECYCLING CENTRE WITH ASSOC. BUILDINGS, ACCESS, PARKING AREAS & LANDSCAPE Application Received : 16th January 2006
Site Inspected : 20 January 2006
Community Council Observations : Object to the application on the following grounds:- PAGE 119 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
i. It was considered that the suggested hours of work were too long. ii. There would be constant noise for nearby inhabitants from the machinery on site, and also from lorries going into and out of the site. iii. The egress of these lorries on to the busy Stormy Down Road was dangerous. iv. There could be problems with bad odours, both locally and in the surrounding areas, as this was a high, open site, which was often very windy.
Report :
SITE / APPLICATION DESCRIPTION
The application seeks consent to establish a soils and green waste recycling facility on land adjacent to the old RAF Airfield at Stormy Down, Pyle, Bridgend.
The site lies on the north eastern edge of the former RAF Stormy Down Airfield. It comprises flat land containing the footings of buildings and roadways. The land is bounded to the north by Mount Pleasant Road, and to the south and west by open land containing former aircraft hanger buildings that have been converted for leisure and industrial uses. The land to the east of the site comprises open land currently laid to grass.
To the west of the site is Cornelly Quarry, a hard rock quarry operated by Tarmac.
The site is bounded to the north by an established roadside hedge and separated from adjacent uses to the west and south by a fence. The boundary of the site in the east is undefined. Access to the site will be via an established access onto Mount Pleasant Road. Mount Pleasant Road forms a junction with Stormy Lane approximately 240m to the east of the site.
The site is currently in an untidy condition. The nearest residential properties to the site comprise a terrace of 13 dwellings, together with a pair of semi-detached and 2 detached dwellings. The nearest of these properties is known as Cae Cornel, which is 200m to the northeast of the site boundary.
The applicant has submitted a supporting statement, which describes the proposed operations as follows:-
Development
It is proposed to develop a facility on the site that will compost imported green waste and blend it with imported soils and inert material to form high quality soils. The processed soils will be exported from the site to assist in local landscaping and land reclamation schemes. The processed material will not be sold directly from the site. The imported material will be brought to the site pre-sorted, and will comprise materials collected at local civic amenity sites or similar.
The site will handle up to 20,000 tonnes per annum of mixed civic amenity, municipal and commercial wastes and operations will be subject to Environment Agency exemption or a PAGE 120 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
Waste Management Licence or permit.
Access
The existing vehicular access will be utilised but will be improved through widening and upgrading to ensure two way access to the site. Turning areas within this section will allow vehicles to manoeuvre into the loading area.
Based on the proposed through-put, approximately 5-10 vehicles (10-20 movements) will visit the site per day. This equates to approximately 2 lorry movements per hour. A wheel washing facility will be located close to the access / egress to the site and used by all vehicles before proceeding onto the public highway.
In terms of the route to be used by vehicles accessing the site, it is proposed that all traffic associated with the proposed waste operations shall use the existing access from the site to Mount Pleasant Road, and then at the junction with Stormy Lane turn left towards the A48. All traffic shall then turn either left or right, depending on the intended destination.
The application includes a site office and integrated weighbridge, and visitor parking area will be situated in the north of the site.
The site will only be accessed by vehicles operated by our Client's haulage company, Shillibier Haulage Limited and, thus, all vehicles will be controlled by the site operator. There will be no general public access to the site. Only employees' cars will be permitted within the site where adequate parking will be provided.
Site Operations
Incoming waste vehicles will arrive into the site and report to the weighbridge where details contained in the Waste Transfer note will be recorded against the vehicle registration number and the load weight.
Once the quantity and nature of the wastes contained has been recorded, the vehicle will move into the site. The inert material and pre-sorted green waste will be placed in separate processing areas in the south west and south of the site.
The inert material will be visually inspected upon arrival at the site and recyclable items i.e. metals, will be removed from the waste and stored in a separate skip located in the loading area prior to transfer off the site for recycling or disposal.
The green waste material will be formed into linear windrows using loading equipment. Given the anticipated level of material it is anticipated that only two windrows will be formed on the site. The green waste will be 'rolled' on a regular basis to ensure that the green waste breaks down to form a high quality composted material.
The southern part of the site will be used for the processing and screening of inert materials and green wastes, together with the storage of processed soils and soil making materials. A mobile crushing and screening plant will be brought to the site to crush and screen the inert material, prior to blending the materials with composted green waste. Mobile plant include loading and handling equipment will also be employed on the site. PAGE 121 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
Operating Hours
The proposed hours of operation are anticipated to be:-
7am to 6pm Monday to Friday, and 7am to 1pm on Saturday.
Landscaping
The development has been designed to ensure that the proposal does not result in an adverse impact on the local environment in terms of landscape.
It is proposed to define the eastern boundary of the site with a new section of boundary fencing. The proposed operations will be screened from general view by the provision of a screening bund at the boundary of the site. The screening bunds will be formed from imported inert material and soils. The bunds will be approximately 3m in height.
Additional shrub planting can be installed if considered appropriate. The specific details of species, size and protection will be agreed with the Planning Authority prior to commencement of the development.
Lighting
External lighting of the building will be limited to that required for safe access and egress to the site during winter opening hours. Details of external lighting will be agreed with the Planning Authority prior to commencement of the development.
Drainage
The composting area would be positioned on a concrete hardstanding, and any surface water run-off would be collected within an enclosed system for either disposal off-site or for recycling to moisten the green waste being composted.
Plant and Equipment
The development will require the operation of a number of mobile waste handling units, including a loading shovel, waste crusher and screen. These are all generally mobile, and will be located as required within the site. There will be no other fixed plant required other than a weighbridge and an associated office. All equipment employed will be fully mobile. No additional fixed plant of any kind will be installed without the prior written approval of the Planning Authority, and no additional buildings are proposed.
Manpower and Supervision
The operations proposed will provide employment for at least 2 permanent staff, comprising the weighbridge and loading shovel operators. The development includes a site office that will include mess room and washroom facilities. Staff and visitor car parking will be provided on the site.
RELEVANT HISTORY PAGE 122 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
None.
PUBLICITY
The application has been advertised by means of a site and press notice as being out of accord with the Development Plan. Neighbours were notified of the receipt of the application.
NEGOTIATIONS
None.
CONSULTATION RESPONSES
There is no Highway objection, subject to the applicant entering into a Section 106 Agreement to control lorry routing from the site.
Public Protection has no observations to make.
The Environment Agency has no objection in principle, but have requested additional information in respect of any potential contamination on the site.
The Principal Engineer (Drainage) has advised that the method of dealing with surface water drainage is acceptable, but has suggested that an anti-climb security fence be constructed around any drainage sump.
Dwr Cymru Welsh Water have no comments to make, but have advised on the location of a public sewer adjacent to the application site.
Countryside Council for Wales have advised that the proposal would not affect any statutorily protected species.
REPRESENTATIONS RECEIVED
None.
APPRAISAL
The site is located in the countryside as it is outside any designated settlement boundary. Policy EV1 of the Bridgend Unitary Development Plan aims to restrict development in the countryside, subject to suitable exception. The proposed development can be considered as an appropriate exception in terms of rural diversification.
The site also lies within a Mineral Protection Zone as defined by Policy M11 of the UDP. Under Policy M4(1) of the UDP the Stormy Down Airfield is allocated and safeguarded as an extension area to the adjacent Cornelly Quarry.
Policy W9 of the UDP states that proposals for green waste composting facilities will be permitted, subject to criteria relating to impact on amenity, traffic issues, pollution of surface or underground water, nature conservation, visual impact and land use conflict. PAGE 123 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
In assessing the proposal, the criteria in Policy W9 need to be satisfied, and as such, I will address each one in turn.
1. IMPACT ON AMENITY a. Bioaerosols
The site is located 200m to the southwest of the nearest residential property, although the composting area would be approximately 310m away.
Composting of green waste produces by-products known as bioaerosols, which are airborne solid or liquid particles, which may contain micro-organisms ranging in size from 0.5 to 100+ microns. The period when levels of bioaerosols are higher is when the windrows of materials are turned. Although there are no recognised exposure limits for bioaerosols, the Environment Agency use a distance of 250m from dwellings when assessing the impact of such operations.
The applicant prepared a bioaerosol risk assessment, which the Environment Agency considered acceptable, and as such, raised no objection to this issue. b. Dust
The proposal also involves the import of soils and other mixed aggregates, which would be screened and then mixed with the composted material. Some crushing of aggregates may also take place. This operation has the potential to create dust.
The applicant has advised that he intends to provide screening bunds at the northern and eastern boundary of the site, which could be landscaped. In addition, it is proposed to regularly clean access roads, provide a wheel washing facility, restrict speed limits within the site, sheet all open lorries, dampening surfaces in dry conditions and limiting height of stockpiles. It is considered that these arrangements would control any dust created on the site to acceptable levels, which would not affect the nearest residential properties. c. Noise
The use of front shovel loading machine and crusher would create levels of noise on the site. It is considered, however, that the precautions suggested in b. above, namely the provision of a screening bund, would adequately control site noise levels. Any crushing and screening equipment on site would need to have an authorisation, which is controlled and monitored by Public Protection. d. Smell
The composting of green waste, if carried out correctly, does not create excessive levels of odours. In general the potential for the creation of smells is during the turning of the windrows. Due to the distance from the site to the properties, it is considered that odours would not have an impact on residents. e. Vermin PAGE 124 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
The proposed activities are not likely to attract vermin.
In addition to the precautions suggested above, the process has to be the subject of a Waste Management Licence, which would be issued by the Environment Agency. The licence would strictly control all operations on the site. In addition, the activity of composting is also covered by the British Standards Institute under BSI-PAS 100:2005.
2. TRAFFIC
It is proposed to import up to 20,000 tonnes of material onto the site each year, which equates to some 5-10 vehicles movements per day. Access to the site would be from the A48 along Stormy Lane and Mount Pleasant Road. The existing access into the site off Mount Pleasant Road would be used.
Although the level of traffic generation is comparatively light, the junction of Stormy Lane with the A48 has seen a number of accidents. This has been as a result of slow vehicles turning right from Stormy Lane across the central reservation.
Highways have expressed concerns about this potential turning movement, and have advised that they would prefer to see all vehicles turn left at that junction and then turn around at the Pyle roundabout.
Under normal circumstances it is not possible to control the turning movements of vehicles once they are on the public highway by planning condition. However, in the current proposal all the vehicles using the facility would be owned by the applicant, and as such, he has control over vehicle turning movements. As such, it is considered that the use of a Section 106 Agreement to control lorry routing would be acceptable. Should any other vehicles be contracted to enter onto the site, they would need to sign up to a "works practice schedule" prepared by the applicant and which would form part of the Section 106 Agreements.
3. PREVENTION OF POLLUTION OF SURFACE AND UNDERGROUND WATER
The proposal would involve the construction of a concrete hardstanding on which the composting activity would be undertaken. In addition, all surface water run-off would be collected from the process within an enclosed system. Any water collected would either be used to moisten the waste as it is being composted with any excess being removed from the site to a licensed facility. As such, it is considered that this arrangement would prevent any contamination.
4. AFFECT ON NATURE CONSERVATION
The site is a brownfield site, which previously formed part of the former RAF Airfield. As such, it is considered that the site does not have any nature conservation interests.
5. VISUAL IMPACT
The site is a brownfield site, and has an untidy, overgrown appearance. The site is also overgrown with vegetation. It is proposed to renew the untidy boundary fencing and construct landscaped bunds around the northern and eastern perimeter of the site. This PAGE 125 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
would help to screen operations within the site. As such, it is considered that the proposal would not have a detrimental visual impact on the area.
6. CONFLICT WITH SURROUNDING LAND USES
The surrounding area has a mix of industrial (quarrying), residential and agricultural uses. There is also an open-air market held on the part of the airfield site, and a go-cart operation. It is considered that, subject to adequate controls over all site operation, there would be no impact on adjoining land uses.
It is considered, therefore, that the proposed development complies with the criteria of Policy W9 of the Bridgend Unitary Development Plan.
CONCLUSION
The application is being reported to Committee due to it being out of accord with the UDP.
Green waste composting is considered to be an essential component of sustainable waste management. Such facilities, especially open green waste composting, can be likened to an agricultural operation in many respects, and can be located in the countryside as an appropriate exception to Policy EV1 in terms of farm diversification.
I have considered the potential impact of the development on nearby residential properties, and on adjacent land uses, and consider that the operations would not have a detrimental impact.
As the airfield site is safeguarded for future mineral extraction, it is normal practice to limit any consents granted. In this case a 5-year limit would be appropriate.
The applicant would also be required to enter into a Section 106 Agreement in respect of lorry routing.
In conclusion, it is recommended that the application is approved.
RECOMMENDATION:
(A) That the application be referred to Council as a proposal that is a departure from the Development Plan that the Planning and Development Committee is not disposed to refuse for the following reason(s):- i. the site is a brownfield site; ii. the composting of green waste is an essential component of sustainable waste management; iii. the proposal would not have a detrimental impact on nearby residents or adjacent land uses; iv. the movement of heavy vehicles from the site can be adequately controlled by a PAGE 126 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
Section 106 Agreement.
(B) That if Council resolve to approve the proposal that:-
A. The applicant enter into a Section 106 Agreement to agree a route for heavy goods vehicles between the site and the A48, and to control turning movements on the A48.
B. The Executive Director - Environment be given plenary powers to issue a decision notice granting consent in respect of this proposal once the applicant has entered into the aforementioned Section 106 Agreement, and subject to the following conditions:-
1 The use hereby permitted shall be discontinued and the land restored to its former condition on or before 31st December 2011, in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority.
Reason: To enable the Local Planning Authority to assess the impact the development has on sustainability and the amenities of the area and to enable the matter to be reviewed at the end of the period of the temporary consent.
2 The use hereby permitted shall be limited to the following times:-
07.00 hours to 18.00 hours Monday to Friday 07.00 hours to 13.00 hours Saturday
Reason : In the interests of residential amenity.
(Policy EV45 - Unitary Development Plan)
3 No development shall take place until details of earthworks to be carried out around the boundary of the site have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.
Reason : In the interests of visual amenity.
(Policy EV45 - Unitary Development Plan)
4 No development shall take place until there has been submitted to and agreed in writing by the Local Planning Authority a landscaping scheme.
Reason : To maintain and improve the appearance of the area in the interests of visual amenity, and to promote nature conservation.
(Policy EV45 - Unitary Development Plan)
5 PAGE 127 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed with the Local Planning Authority.
Reason: To maintain and improve the appearance of the area in the interests of visual amenity, and to promote nature conservation.
(Policy EV45 - Unitary Development Plan)
6 No development shall take place until a schedule of landscape maintenance for a minimum period of three years has been submitted to and approved in writing by the Local Planning Authority. The schedule shall include details of the arrangements for its implementation. Development shall be carried out in accordance with the approved schedule.
Reason: To maintain and improve the appearance of the area in the interests of visual amenity, and to promote nature conservation.
(Policy EV45 - Unitary Development Plan)
7 No development shall commence on site until details of a wheel washing facility has been submitted to, and approved in writing, by the Local Planning Authority. The agreed scheme shall be provided on site before development commences and retained for the duration of the development.
Reason : In the interests of highway safety.
(Policy T2 - Unitary Development Plan)
8 No development shall commence on site until details of all external lighting have been submitted to, and approved in writing, by the Local Planning Authority. Development shall be carried out in accordance with the agreed details.
Reason : In the interests of visual amenity.
(Policies EV29 and EV45 - Unitary Development Plan)
9 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed in accordance with a timetable to be agreed in writing with the Local Planning Authority. Development shall be carried out in accordance with the approved details.
Reason: To ensure that the general amenities of the area are protected.
PAGE 128 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
(Policy EV45 - Unitary Development Plan)
10 Any stockpiles of material on the site should not exceed a height of 3 metres.
Reason : In the interests of visual amenity.
(Policy EV45 - Unitary Development Plan)
11 No development shall commence in site until details of a sign advising drivers of the proposed route to the A48, to be erected at the site entrance, has been submitted to, and approved in writing, by the Local Planning Authority. The agreed sign shall be erected before works commence on site.
Reason : To ensure vehicles leaving the site follow an agreed route.
(Policy T2 - Unitary Development Plan)
12 No development shall commence on site until details of the surfacing of the composting area has been submitted to, and agreed in writing, by the Local Planning Authority. Development shall be carried out in accordance with the agreed details.
Reason : To prevent the contamination of any surface or underground water features.
(Policy EV17 - Unitary Development Plan)
13 * THE FOLLOWING ARE ADVISORY NOTES NOT CONDITIONS (AS ABOVE)
a. The details of the means of enclosure of the site required by condition 9 shall include details of fencing to be erected around the surface water drainage sump.
b. Should any significant quantity of contaminated material be uncovered during the development of the site, it should be brought to the attention of the Assistant Director Public Protection.
P/06/72/FUL MR ANTHONY WOODWARD PER JENKINS GOULD PARTNERSHIP UNION OFFICES QUARELLA ROAD BRIDGEND CF31 1JW LAND ADJ PLAS PEN Y CAE LITCHARD BRIDGEND CF32 9SN ERECT 4 BED DETACHED DWELLING IN PLACE OF 2 PAGE 129 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
BED DETACHED DWELLING (CONSENT P00/547) Application Received : 24th January 2006
SITE INSPECTED: 30 January 2006
COMMUNITY COUNCIL OBSERVATIONS: Notified 24 January 2006
Report:
DESCRIPTION OF DEVELOPMENT
The proposal is for a detached dwelling house that would accommodate a lounge, study, kitchen, breakfast room, dining room, hall/cloakroom, with 4 bedrooms, 2 with en-suite and a bathroom above.
Proposed external finishes are dark grey fibre cement slates and brickwork with contrasting brick cills and opening heads. The proposal is also for a detached double garage to be located at the rear of the dwelling and constructed in the same materials as the dwelling.
The application site is approximately 28m deep x 25m wide and forms part of a field to the north of the dwelling known as Plas Penycae.
RELEVANT HISTORY
P/00/547/FUL - Two bedroom detached dwelling. Granted conditional consent 14 September 2000
P/97/813/OUT - 2 bed house (application in outline). Granted conditional consent 28 November 1997
PUBLICITY
The application has been advertised on site and in the press, as a development which does not accord with the Development Plan. Adjoining residents were also notified of the proposal.
The period for consultation and advertising expired on 17 February 2006.
CONSULTATION RESPONSES
The Assistant Director Transportation & Engineering (Drainage) notes that the applicant intends to utilise soakaways for the disposal of surface water and a new septic tank for foul drainage and advises:-
- all soakaways must be designed to the requirements of BRE Digest 365; - details of the site percolation tests should be submitted for agreement; - the consent of the Environment Agency is required for the discharge of effluent from a septic tank; - details of the proposed septic tank, including location and access arrangements for PAGE 130 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
periodic de-sludging, should be submitted for agreement.
Welsh Water Dwr Cymru have no comments to make as the proposal involves the use of private drainage facilities.
Assistant Director - Transportation & Engineering Services has no objection subject to conditions.
REPRESENTATIONS RECEIVED
Councillor Nott considers the application can be determined under officer delegated power.
The occupier of Plas Penycae supports the proposal (this person is also the applicant).
APPRAISAL
The application site is located in the countryside outside the designated settlement boundary of Bridgend as defined in the adopted Bridgend Unitary Development Plan and, as such, the proposal is contrary to Policy EV1.
The area of Penycae is characterised by a sporadic group of dwellings, which is not defined as a settlement and the proposal represents an intensification of this sporadic development in the countryside and is therefore also contrary to Policies EV12 and EV13 of the adopted UDP.
The site also forms part of an area designated as a Green Wedge, between Bridgend and Sarn, as defined by Policy EV11(9) of the adopted UDP. The proposal would prejudice the aims of the above policies of maintaining existing settlements as separate entities.
Notwithstanding the above, the principle of a single dwelling at this location was agreed with the granting of planning application P/00/547/FUL for a two bedroom detached dwelling in September 2000. Work on that dwelling has commenced with the digging of the trenches for one of the gable walls and an internal room partition (this work has been inspected by one of the Building Control Officers). On this basis application P/00/547/FUL is extant and the consideration is, therefore, whether the dwelling proposed is an acceptable enlargement of that previously approved.
The environment of this particular site has been very substantially altered by the construction of the earthworks for the adjacent retail operation and it was considered that the objectives of the Green Wedge would not be further compromised by allowing the previous application.
The current proposal is within the same site boundary and has a slightly larger footprint (103.25 sq m) than the previously approved dwelling (100.5 sq m).The internal arrangements differ and the first floor has a larger floor area, however, it is considered that the increase in footprint is not so significant to further compromise the amenity of the area.
CONCLUSION
The application is referred to Committee for consideration as the proposal is technically out PAGE 131 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
of accord with the Unitary Development Plan, however, as the principle of a dwelling on the site has been established and the increase in footprint is not so significant, it is considered that the current proposal would not further compromise the amenities of the area and permission can be recommended.
RECOMMENDATION:
(A) That the application be referred to Council as a proposal that is a departure from the Development Plan that the Planning and Development Committee is not disposed to refuse for the following reason(s):- i. The environment of this particular site has been very substantially altered by the construction of earthworks for the adjacent retail operation. As a result the objectives of the Green Wedge and countryside protection would not be further compromised by allowing this development. ii. An extant planning permission P/00/547/FUL exists for a 2 bedroom dwellinghouse on the current application site iii. The proposal will allow for the development of the site as proposed but provide for the retention of Tree Preservation Order trees.
(B) That if Council resolve to approve the proposal then the following conditions be included on the consent:-
1 This consent relates to the amended house type only and the development shall proceed in accordance with the conditions attached to planning permission P/00/547/FUL.
Reason: For the avoidance of doubt as to the extent of the permission granted
(Policy EV45 Bridgend Unitary Development Plan).
P/06/241/FUL MR M JOHN 4 THE RETREAT BRIDGEND CF31 3NU
LAND TO SE OF LLANGEINOR FC LLANGEINOR ROAD LLANGEINOR BRIDGEND CF32 8NU ONE DWELLING
PAGE 132 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
Application Received : 24th February 2006
Site Inspected: 21st March 2006.
Garw Valley Community Council Observations: Has no objections to the proposal.
REPORT :
DESCRIPTION OF DEVELOPMENT
The application site is located at the junction of the A4064 (Heol Llangeinor) and Bettws Road, and is bounded by Afon Garw.
Permission is sought to erect a single dwelling with associated garden area and parking spaces. Vehicle access will be directly from Bettws Road and will consist of two car parking spaces. A separate pedestrian access will be created to serve the property.
The dwelling will provide accommodation on three floors and will have maximum dimensions of 10m x 5m with a pitched roof reaching a height of 8.6m from ground level. The exterior finishes will comprise brown coloured facing brickwork with black tiles and a terracotta ridge on the roof. The windows will be of white upvc with reconstituted stone surrounds.
RELEVANT HISTORY
P/04/1598/FUL - Permission for a two-bedroom dwelling was refused under delegated powers on 18th April 2005 and for the following reasons: -
1. The site lies in a rural area and the proposal which constitutes an undesirable extension of urban development outside any settlement boundary, would be prejudicial to the character of the area in which it is intended that the existing uses of land shall remain for the most part undisturbed, would be contrary to established national, regional and local planning policies and would set an undesirable precedent for further applications for similar development in this area to the detriment of visual amenities and would be contrary to Policy EV1 of the Ogwr Borough Local Plan and Policies EV1, EV12 and EV13 of the Unitary Development Plan.
2. The application site is located within an undefended area at high risk of flooding, (Zone C2 as defined by the development Advice Maps) where new residential development would increase the risk to human life. (Technical Advice Note 15 'Development and Flood Risk' and Policy EV16 of the unitary Development Plan refer).
The refusal of consent was appealed and subsequently dismissed. The Inspector in his decision letter concluded that whilst the site was outside the settlement boundary of Llangeinor as defined by the Unitary Development Plan, it had the appearance of part of the urban settlement rather than part of open countryside outside the settlement. He further stated that the settlement boundary had been drawn very close to existing residential development with the aim of preventing excessive new development. Whilst in the Inspector's view this was generally acceptable, the village of Llangeinor appears to contain a reasonable range of facilities. The development would therefore not undermine
PAGE 133 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
any objectives of policy intended to prevent development in sustainable locations. In the Inspector's view the proposal would be well integrated with and connected to the existing pattern of development in this part of Llangeinor and the dwelling would be seen as a minor extension to the existing group of dwellings. The proposal would not be unacceptably harmful to the character and appearance of the area. The objection on policy grounds was therefore not sustained.
The Inspector also considered the point of precedent and viewed that such circumstances could not be repeated elsewhere in the settlement of Llangeinor.
At the time of the appeal the flooding objections were outstanding and with the Environment Agency (Wales) maintaining their objection, the Inspector could not grant consent.
PUBLICITY
The application has been advertised on site and in the local press as development, which is out of accord with plan policy. In addition, the nearest property owners have been notified of the application. The period allowed for response to consultations expired on 27th March 2006.
NEGOTIATIONS
None.
CONSULTATION RESPONSES
The Assistant Director Transportation and Engineering offered no objections to the previous application subject to conditions. With regard to drainage it is noted that the applicant intends to utilise the adjacent river for the disposal of surface water from the site, although no details of the proposed surface water drainage is shown on the deposited plans. The approval of the Environment Agency will be required for the discharge of surface water from the site to the adjacent River Garw. Details of the proposed surface water drainage and outfall details should be submitted to and agreed by the Local Planning Authority.
The Environment Agency has provided the following observations: -
"As your Council is aware the proposed site lies within Zone C2, as defined by the Development Advice Maps (DAM) referred to under Tan 15 Development and Flood Risk (July 2004).
However, the applicant has previously submitted a site level survey which indicated that the site is above the extreme flood event (0.1%) and consequently the risk of flooding to the site is minimal and therefore the Environment Agency would offer no adverse comment. Your Authority should however have regard to section 6 of Technical Advice Note 15."
Dwr Cymru Welsh Water have no objections subject to foul water and surface water discharges being drained separately from the site. PAGE 134 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
Western Power and Wales & West Utilities have no objections to the development.
REPRESENTATIONS RECEIVED
Mr M Griffiths, writing on behalf of Tyn yr Heol Primary School, supports the proposal.
Councillor M Thomas considers that the application can be determined under officer delegated power.
APPRAISAL
The following policies have been considered in the assessment of this application:-
Unitary Development Plan
EV1 - Development in the countryside
EV12 - Control of development outside the boundaries of small settlements.
H3 - Small scale sites up to and within designated boundaries of smaller settlement.
The site is located in the countryside as defined by Policy EV1 of the Bridgend Unitary Development Plan (UDP) as it lies outside the designated settlement boundary of Llangeinor as defined by Policy EV12. The Authority argued at the recent appeal that the development could not be considered as 'infill' under the terms of Policy H3. As stated previously this view was not accepted with the Inspector stating that..."the appeal site has the appearance of part of the urban settlement rather than of part of open countryside outside the settlement". The Inspector concluded, "...the erection of a single dwelling on this site would not undermine any objectives of policy intended to prevent development in unsustainable locations." Given this view, any further objection on policy grounds is unlikely to be sustained at appeal and such a decision may be subject of an application for costs against the Authority.
The applicant has also satisfied the previous objection on flood risk and accordingly Environment Agency Wales have withdrawn their objection.
The design of the dwelling albeit, three storey in form should not detract from the amenities of the area and is some distance from existing properties. Furthermore, subject to conditions, the access, car parking and amenity provision area acceptable.
CONCLUSION
Whilst the development conflicts with local plan policies, this was not supported by the Inspector appointed to determine the appeal for same development on this site. The proposal must be considered as a technical departure from the Unitary Development Plan and approved accordingly.
RECOMMENDATION: PAGE 135 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
(A) That the application be referred to Council as a proposal that is a departure from the Development Plan that the Planning and Development Committee is not disposed to refuse for the following reason(s):- i. The site has the appearance of part of the urban settlement rather than part of open countryside outside the settlement. ii. The development would not undermine any objectives of policy intended to prevent development in sustainable locations. iii. The proposal would not be unacceptably harmful to the character and appearance of the area or set a precedent for further such applications.
(B) That if Council resolve to approve the proposal then the following conditions be included on the consent:-
1 No development shall take place until a detailed specification for, or samples of, the materials to be used in the construction of the external surfaces of the buildings hereby permitted have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details.
Reason: To ensure that the proposed materials of construction are appropriate for use on the development so as to enhance and protect the visual amenity of the area.
(Policy EV45 of the Bridgend Unitary Development Plan)
2 No development shall take place until there has been submitted to and approved in writing by the local planning authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed in accordance with a timetable to be agreed in writing with the Local Planning Authority. Development shall be carried out in accordance with the approved details.
Reason: To ensure that the general amenities of the area are protected.
(Policy EV45 of the Bridgend Unitary Development Plan)
3 No development shall take place until details of the proposed floor levels of the buildings in relation to existing ground levels and the finished levels of the site have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason: To ensure that the development relates appropriately to the topography of the site and the surrounding area.
(Policy EV45 of the Bridgend Unitary Development Plan) PAGE 136 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
4 Details of the proposed foul and surface water drainage arrangements, including full engineering details, associated with the development shall be submitted to and approved in writing by the Local Planning Authority before any development commences; and shall be implemented in accordance with the approved details.
Reason: To ensure safe drainage of the site
(Policies EV17 and U8 of the Bridgend Unitary Development Plan)
5 No development shall commence until a scheme for the provision of 3 off street parking spaces has been submitted to and agreed in writing by the Local Planning Authority and implemented before the development is brought into beneficial use.
Reason: To ensure the provision and retention of sufficient off-street parking and to prevent loose stones, mud and gravel being spread on to the highway, in the interests of highway safety.
(Policy H5 of the Bridgend Unitary Development Plan)
6 No development shall commence until a scheme for the provision of turning facilities within the curtilage of the site has been submitted to and agreed in writing by the Local Planning Authority and implemented before the development is brought into beneficial use and retained thereafter on site so as to enable vehicles to enter and leave in a forward gear.
Reason: In the interests of highway safety.
(Policy H5 of the Bridgend Unitary Development Plan)
7 No development shall commence on site until details of the surfacing of the parking and turning area in permanent materials have been submitted to and agreed in writing by the Local Planning Authority. The development shall not be brought into beneficial use until the parking and turning area have been completed in permanent materials in accordance with the agreed details.
Reason: In the interests of highway safety.
(Policy H5 of the Bridgend Unitary Development Plan)
8 The gradient of the proposed access shall not exceed 12.5% (1 in 8).
Reason: In the interests of highway safety.
(Policy H5 of the Bridgend Unitary Development Plan)
9 The site boundary fronting the classified route A4064, Heol Llangeinor, shall be set PAGE 137 PLANNING AND DEVELOPMENT COMMITTEE MEETING - 13TH APRIL 2006
back and a southerly vision splay of 4.5 x 90m provided to the junction of the Llangeinor-Bettws Road before the development is brought into beneficial use.
Reason: In the interests of highway safety.
(Policy H5 of the Bridgend Unitary Development Plan)
10 No structure or erection exceeding 0.6metres in height shall be placed within required vision splays areas.
Reason: In the interests of highway safety
(Policy H5 of the Bridgend Unitary Development Plan)
11 Any vehicular access gate fitted shall be set back not less than 5 metres from the nearside edge of carriageway and the boundary splayed at 45 degrees either side.
Reason: In the interest of highway safety.
Policy H5 of the Bridgend Unitary Development Plan)
12 * THE FOLLOWING ARE ADVISORY NOTES NOT CONDITIONS (AS ABOVE)
a. Foul water and surface water discharges must be drained separately from the site.
b. No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system.
c. No land drainage run-off will be permitted, either directly or indirectly, to discharge into the public sewerage system.
d. If a connection is required to the public sewerage system, the developer is advised to contact the Dwr Cymru Welsh Water's Network Development Consultants on Tel 01443 331155.
e. The developer is advised to contact the Highways Maintenance Manager on 01656 642541 with respect to the vehicular crossover.
PAGE 138 Planning and Development Committee Meeting – 13 April 2006
Appeals Received
REF. NO. : T/06/514874 (1494)
APP. NO. : T/05/82/TPO
APPELLANT : G Healy 48 Ger Y Llyn, Porthcawl.
SUBJECT OF APPEAL: Against refusal of permission to fell overhanging species of trees – 48 Ger Y Llyn, Porthcawl.
PROCEDURE : Written Representations (Tree Preservation Order appeal)
REF. NO. : A/06/1198303 (1495)
APP. NO. : P/05/1434/FUL
APPELLANT : Mr & Mrs W T Maddock Ty Twt, Heol Ton, Ton Kenfig, Bridgend,
SUBJECT OF APPEAL: Against refusal of permission for land restoration – Ffos Newydd Farm, Bankers Hill, Cefn Cribbwr, Bridgend, CF33 4PS
PROCEDURE : Written Representations
REF. NO. : A/06/1198163 (1496)
APP. NO. : P/05/993/FUL
APPELLANT : Mr S Howell Rushmere, Heol Ton, Ton Kenfig, Bridgend, CF33 4PS
SUBJECT OF APPEAL: Against refusal of permission for 2 bedroom house – Land off All Saints Way, Penyfai, Bridgend.
PROCEDURE : Written Representations.
PAGE: Planning and Development Committee Meeting – 13 April 2006
APPEAL DECISIONS
REF. NO. : A/05/1196481 (1482)
APP. NO. : P/05/730/FUL
APPELLANT : Mr & Mrs Higgins 64 Marian Street, Blaengarw, Bridgend.
SUBJECT OF APPEAL: Against refusal of planning permission for first floor extension and alterations – 64 Marian Street, Blaengarw, Bridgend.
DECISION : The Inspector appointed by the National Assembly for Wales to determine this appeal directed that the appeal be DISMISSED.
REF. NO. : X/06/1197122 (1485)
APP. NO. : P/04/1469/LAP
APPELLANT : Mr M McCormack C/O B Sumner Associates, 9 Snatchwood Terrace,
SUBJECT OF APPEAL: Against refusal of permission to grant a certificate of lawfulness to determine whether “planning approval P/03/1002/Ful is capable of being lawfully implemented” - Land at Bryngwenith Farm, Rhiwceiliog, Pencoed.
DECISION : The Inspector appointed by the National Assembly for Wales to determine this appeal directed that the appeal be DISMISSED.
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