02/00339/OUT Received on 14Th March, 2002
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02/00339/OUT Received on 14th March, 2002 Cardiff County Council (Special Projects), Sports Village Project Office, Ferry Road, Cardiff. CF11 0SP (RPS Group, Park House, Greyfriars Road, Cardiff. CF10 3AF ) LAND ADJACENT TO PUMPING STATION, MARCONI AVENUE, PENARTH HAVEN Kiosk, chain ferry landing station and pedestrian access The application was advertised on 26th September, 2002. SITE DESCRIPTION The site relates to an area of land situated off Marconi Avenue. The site adjoins an entrance to an existing pumping station. To the east of the site and pumping station is located new residential development of blocks of flats the nearest being known as Ty Gwalia. The site also includes part of the estuary (Cardiff Bay) and Embankment. DESCRIPTION OF DEVELOPMENT To seek outline planning consent for the construction of a ticket office, access and slipway to a chain link ferry across the River Ely to access land in Cardiff County Council’s area known as International Sports Village (and vice versa). The application’s agent submitted a letter and ecological reports in support of the scheme. Means of access is not reserved. PLANNING HISTORY Planning consent has been granted for the development of the Penarth Marina Scheme including Residential and Commercial Development. A scheme for the development of the land known as International Sports Village and lying wholly within Cardiff County Council’s administrative area, including for a major events venue, has been approved (03/01131/OBS/1130/OBS). CONSULTATIONS Penarth Town Council - See Appendix A and in response to additional details maintains its concerns and the potential for local traffic generated by the users of the proposed ferry. Head of Visible Services (Highway Development) has been consulted at various stages during the progression of the application - See Appendix B. Welsh Water – See Appendices C1 and 2. Countryside Council for Wales – See Appendices D1 and 2. Director of Legal and Regulatory Services (Environmental Health Officer) – “The proposed development is adjacent to a residential development and therefore if the hours of operation of the ferry are not controlled then there is the possibility of local residents being disturbed. For this reason I would note two suggestions: That use of the chain ferry is restricted to no later than 11.00 p.m. or be suggested to the applicant that the ferry be moved 210m further up the River Ely where there is less potential to cause disturbance.” Environment Agency – See Appendix F. Cardiff County Council – “That the Vale of Glamorgan be informed that Cardiff County Council has no objections to the submitted proposals”. REPRESENTATIONS Letters of representations have been received from: 4 Ty Gwallia. 36 Anchor Road, Penarth Marina. 41 Plas St. Pol-de Leon. Copies are attached as Appendix G. REPORT Following receipt of information from consultees the applicant’s agents submitted a further letter and supporting ecological information and the letter is reproduced as Appendix H. All documents and reports submitted in support of the application are retained on file for inspection The development of a link between Penarth and Cardiff in addition to the current vehicular route over Cogan Spur and the potential bus/cycle link over the Barrage is welcomed. There are however issues to be considered in respect of the scheme including issues relating to Ecology, Visual impact, neighbours amenity and traffic movement (including bus access and parking issues). In respect of ecology, it is noted that the Countryside Council for Wales’s comments refer to mitigation measure being required on the International Sports Village bank i.e. land within Cardiff County Council’s area. The application site, edged red, includes a stretch of land approximately 109m long. It would be possible to seek enhancements to the ecological value of that part of the embankment lying within the application site and not indicated as being developed. Issues of protection of the water quality and of impacts on the water environment generally during and post construction are within the remit of the Environment Agency if the development were it to be approved. However limitations on lighting and construction are required to safeguard the ecology of the area. In respect of the access to the site it is considered that the provision of a bus bay will rely on the service utilising the Marconions Avenue, this being a road with traffic calming as there is no provision for a turning area on site nor is there a roundabout provided as part of the scheme. The Head of Visible Services has been consulted and has made comments at Appendix B. It is noted that this is an application in outline and full engineering details and details of the kiosk and any associated fencing, ramps, steps and street furniture will be required and should therefore be considered, if approved. Access is not a reserved matter and the plan ref: 613/CF/ indicates vehicular access through the proposed bus bay with lockable gates. In respect of access it is indicated that the ferry is for foot passengers and cyclists, including access to the International Sports Village for major events. The study in support of the scheme indicates that 190 water borne weekday daily trips are likely to be generated but this figure is anticipated to rise to 350 at weekends. No specific figure has be given for trips on event days at International Sports Village. There is a possibility that users of the ferry may drive to the Marina to use the ferry to cross to International Sports Village and thus have potential for adverse impacts on the highway network from on-street parking. It appears that the applicant’s themselves may have recognised this by offering a Section 106 Legal Agreement to fund Road Traffic Orders. Further comments from the Highway Development Section have been received in respect of the proposed requirements in relation to the intended Section 106 Legal Agreement, and this memorandum is set out at Appendix J to this report. It would appear essential to seek to control on-street parking given the potential for generation for such from this development and thus the recommendation for approval should be subject to the applicants first entering into a Section 106 Legal Agreement to undertake the necessary Road Traffic Order(s). Consideration of this application was deferred at the previous Committee meeting on 26th January, 2005 to enable Committee Members to inspect the site. It is currently anticipated that this inspection will take place on 23rd February, 2005. 03788 RECOMMENDATION That subject to the applicants first entering into a Section 106 Legal Agreement to undertake necessary Road Traffic Orders(s) that conditional planning consent be granted. Subject to the following condition(s): 1. Approval of siting, design, external appearance of the building(s) of the site (hereinafter called "the reserved matters") shall be submitted to and approved by the Local Planning Authority before any development is commenced. 2. Application for approval of the reserved matters hereinbefore referred to must be made not later than the expiration of three years beginning with the date of this permission. 3. The development to which this permission relates must be begun not later than whichever is the later of the following dates: (a) The expiration of five years from the date of this permission. (b) The expiration of two years from the date of the final approval of the reserved matters or, in the case of approval on different dates the final approval of the last such matters to be approved. 4. 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 in writing to the Local Planning Authority and shall be carried out as approved. 5. The details of landscaping reserved under Condition 1 above shall include details for the enhancement of the ecological value of the embankment. 6. No lighting shall be installed on the site other than in accordance with details of the lights and their hours of operation which shall have been submitted to and approved in writing by the Local Planning Authority prior to their installation. The lighting shall thereafter only be installed and operated as agreed by the Local Planning Authority. 7. Prior to the commencement of development full engineeing details of all works to the embankment and including details of any ramps, fencing, pontoons, seating, gates, steps and any street furniture, shall be submitted to and approved in writing by the Local Planning Authority and the development shall thereafter be carried out in accordance with the approved details. Reason(s): 1. To comply with the requirements of Section 92 of the Town and Country Planning Act 1990. 2. To comply with the requirements of Section 92 of the Town and Country Planning Act 1990. 3. To comply with the requirements of Section 92 of the Town and Country Planning Act 1990. 4. The application was made for outline planning permission. 5. In the interests of visual amenity and to enhance the ecological value of the site. 6. In the interests of visual amenity and to safeguard the ecology of the area. 7. To safeguard the integrity of the embankment and to ensure the visual amenities of the site. NOTE: 1. Where the work involves the creation of, or alteration to, an access to a highway the applicant must ensure that all works comply with the appropriate standards of the Council as Highway Authority. For details of the relevant standards contact the Visible Services Division, The Vale of Glamorgan Council, The Alps, Wenvoe, Nr.