9th November 2011

20871513

To: Members of the Council

Dear Councillor

Planning Committee Wednesday 16th November 2011 at Ferrier Hall, City Hall, Cardiff (meeting starts at 2.30.p.m.)

I attach a copy of the schedule of Development Control Applications which will be considered at this meeting of the Planning Committee.

The plans relating to the applications will be available for inspection at the City Hall, during the whole of Tuesday and Wednesday morning preceding the Committee.

Unless otherwise stated in the report, Planning Committee has delegated powers to determine the applications in the schedule. Planning Committee (but not an individual member) can also refer a matter to another committee or to the Council for a resolution. However, Council cannot move an amendment to a recommendation relating to a planning application or make a recommendation relating to a planning application and can only refer a matter back to Planning Committee on one occasion, after which Planning Committee shall decide the matter.

Please now note that if any requests for site visits are acceded to by the meeting, such site visits will take place during the afternoon of Monday 5th December 2011. If you submit a request for a site visit, you must include in your submission -

(a) a choice of at least two starting times for the site visit that you are requesting, each of which must be at least 45 minutes apart; and (b) the reasons why you believe that such a site visit is necessary.

If you fail to provide any choices of starting times for the site visit that you've requested, it will be assumed that you will be available to attend such a site visit at any time of the day, regardless of what time it starts.

The Clerk to the Council will circulate the Agenda for the meeting to the Members of the Planning Committee separately.

Yours sincerely

Strategic Planning and Development Manager

CARDIFF COUNTY COUNCIL PLANNING COMMITTEE

THE REPORTS OF THE CHIEF STRATEGIC PLANNING AND ENVIRONMENT OFFICER

LIST OF DEVELOPMENT APPLICATIONS FOR CONSIDERATION BY THE PLANNING COMMITTEE ON 16TH NOVEMBER 2011 AT 2.30PM

AREA PAGES

INNER 1 - 150

OUTER 151 - 355

HOUSEHOLDER There are no householder applications to be considered at this Committee Meeting

CARDIFF LOCAL DEVELOPMENT PLAN

When regard is to be had to the Development Plan the Council’s decision must be made in accordance with the Plan unless material considerations indicate otherwise.

The Development Plan for the administrative area of Cardiff remains the City of Cardiff Local Plan (1996), the South Glamorgan (Cardiff Area) Replacement Structure Plan (1997) and the South Glamorgan (Cardiff Area) Minerals Local Plan together with the approved Mid Glamorgan County structure Plan incorporating Proposed Alterations No.1 (September 1989).

In accordance with statutory procedures, the Council prepared and placed on deposit a Unitary Development Plan (to 2016) in October 2003. It has never been formally abandoned but agreement was reached with the Welsh Assembly Government in May 2005 to cease work on the UDP and commence work on a new Local Development Plan prepared under the provisions of the Planning and Compulsory Purchase Act 2004.

On the 28 April 2009 Cardiff Council placed the Cardiff Local Development Plan 2006- 2021 on deposit for public consultation. From that date, and in accordance with the Council’s resolution, it was taken into account in development control decisions. On the 30th November 2009, following consideration of the responses to consultation, the submission draft was submitted to the Welsh Assembly Government for examination.

However, in the light of the significant reservations expressed at an Exploratory Meeting by the Inspectors appointed to carry out the examination and their recommendation that the Local Development Plan be with drawn from the examination, the Council duly withdrew the LDP on the 12 April 2010.

Unless a draft policy or proposal is a material consideration it should not be taken into account when making decisions: it is strictly irrelevant and if it is given weight in reaching a decision, that decision may be successfully quashed in the High Court.

In the general run of cases the withdrawn Local Development Plan will not be a material consideration. If there is an issue in relation to which the withdrawn LDP is relevant, officers will advise the Committee specifically. Otherwise it should not be taken into account.

Since the deposited UDP has not been abandoned, its policies and proposals may be a material consideration in a given case, but the weight which can be attached to the UDP, and any statement of policy including the statutory Development Plan should be determined in the light of the following principal considerations:-

• The degree to which later statements of national policy and the Wales Spatial Plan make the policy out of date and suggest a decision should be taken otherwise than in accordance with it; • The degree to which the policy is out of date for any other reason; • The level and nature of any objection to a UDP or other draft policy.

Table 1.1: Existing Development Plans covering the Cardiff County Area

Cardiff County Area Cardiff Deposit Unitary Development The Plan was placed on deposit in Plan (to 2016) October 2003 and agreement was reached with Welsh Assembly Government in May 2005 to cease work on the plan and commence work on a new Local Development Plan.

City of Cardiff Area (part of the County of South Glamorgan until April 1996) South Glamorgan (Cardiff Area) Adopted April 1997 Replacement Structure plan 1991- 2011

City of Cardiff Local Plan (including Adopted January 1996 Waste Policies)

South Glamorgan (Cardiff Area) Adopted June 1997 Minerals Local Plan Pentyrch Community Area (part of the County of Mid Glamorgan and Borough of Taff Ely until April 1996) Mid Glamorgan County Structure Plan Approved September 1989 incorporating Proposed Alterations No. 1 Mid Glamorgan Replacement Structure Modifications to the Plan including Plan recommendations of the EIP Panel approved by Mid Glamorgan County Council in January 1996 but not adopted in respect of the Pentyrch Community Area.

Glamorgan County Development Plan Approved March 1963 (Area No. 2)

Mid Glamorgan Minerals Local Plan for In June 1996 Cardiff County Council Limestone Quarrying resolved to approve the Plan as modified by the Inspector’s Report, for development control and other planning purposes, but the Plan was not adopted in respect of the Pentyrch Community Area.

PLANNING COMMITTEE 16th NOVEMBER 2011

Page No. App No. Location Description Decision Officer 1 11/00833/DCI LAND ADJACENT TO CONSTRUCTION OF A NEW SEMI-DETACHED/END 106 LAD 20 WINDSOR TERRACE HOUSE ON AN EXISTING VACANT PLOT ESPLANADE, IN CARDIFF BAY CARDIFF BAY 16 11/01372/DCI 92 ST MARY STREET, CHANGE OF USE OF GROUND FLOOR AND PER OAG CITY CENTRE, BASEMENT TO A3 (FOOD AND DRINK) CARDIFF, CF10 1DX RESTAURANT 27 11/01406/DCI 12 - 16 SALISBURY STUDENT ACCOMMODATION BLOCK AT THE 106 LAD ROAD, CATHAYS, CORNER OF SALISBURY ROAD/ CRANBROOK CARDIFF, CF24 4AD STREET 44 11/01414/DCI LAND AT TALYBONT PROPOSED CONSTRUCTION OF NEW 179 BED, 106 RJC GATE, BEVAN SEVEN STOREY STUDENT ACCOMMODATION. PLACE, CARDIFF 73 11/01479/DCI PUBLIC PROPOSED CHANGE OF USE FROM EXISTING PER OAS CONVENIENCES, PUBLIC CONVENIENCE TO A CAFE STYLE KIOSK DENBIGH STREET, (CLASS A3 USE) AND EXTERNAL ALTERATIONS + PONTCANNA, SEATING CARDIFF. 90 11/01481/DCI FORMER PROPOSED DEMOLITION OF EXISTING BUIDLING 106 OAG WAREHOUSE, TEAL AND CONSTRUCTION OF NEW 2 - 3 STOREY STREET/ELM RESIDENTIAL DEVELOPMENT OF 9 SELF- STREET, ROATH, CONTAINED APARTMENTS CARDIFF, CF24 3QU 113 11/01544/DCI GMB, WILLIAMSON PROPOSED EXTENSIONS AND INTERNAL & PER LAD HOUSE, 17 EXTERNAL ALTERATIONS OF EXISTING OFFICE NEWPORT ROAD, BUILDING ROATH, CARDIFF, CF24 0TB 120 11/01605/DCI CARDIFF PROPOSED EXTENSION TO CARDIFF PER LAD INTERNATIONAL INTERNATIONAL WHITE WATER RAFTING CENTRE WHITE WATER, TO HOUSE A NEW 'SURF RIDER' FACILITY WATKISS WAY, GRANGETOWN 134 11/01651/DCI 211-217 CATHEDRAL CHANGE OF USE OF GROUND FLOOR UNIT TO REF OAG ROAD, PONTCANNA, USE CLASS A3 (FOOD AND DRINK USE) CARDIFF, CF11 9PP 145 11/01761/DCI WINTER INSTALLATION OF TEMPORARY ICE RINK AND PERU RJC WONDERLAND, CITY ASSOCIATED FACILITIES TO INCLUDE CAFE/BAR, HALL LAWNS, CHILDRENS FAIRGROUND RIDES AND SKATE GORSEDD GARDENS HIRE FACILITIES OVER THE NEXT 3 YEARS (2011- ROAD, CATHAYS 2014) PARK

PLANNING COMMITTEE - 16 NOVEMBER 2011

Page App No. Location Description Decision Officer No. 151 11/425/DCO 4 GERNANT & PART OF DEVELOPMENT OF LARGE REAR AND SIDE PERU MR LAND AT 15 CLOS BRYN GARDEN OF BUNGALOW PLOT FOR RESIDENTIAL DERI, RHIWBINA, USE WITH ACCESS FROM 14 CLOS BRYN DERI CARDIFF, CF14 6NA AND 15 CLOS BRYN DERI 171 11/428/DCO 4 GERNANT & PART OF DEVELOPMENT OF LARGE REAR AND SIDE PERU MR LAND AT 14 & 15 CLOS GARDEN OF BUNGALOW PLOT FOR RESIDENTIAL BRYN DERI, RHIWBINA, USE WITH ACCESS FROM 14 & 15 CLOS BRYN CARDIFF, CF14 6NA DERI 191 11/429/DCO 4 GERNANT & PART OF DEVELOPMENT OF LARGE REAR AND SIDE PERU MR LAND AT 14 CLOS BRYN GARDEN OF BUNGALOW PLOT FOR RESIDENTIAL DERI, RHIWBINA, USE WITH ACCESS FROM 14 CLOS BRYN DERI CARDIFF, CF14 6NA 210 11/1029/DCO 572 COWBRIDGE ROAD DEMOLITION OF EXISTING BUILDING. PER DJ EAST, CANTON, CONSTRUCTION OF RESIDENTIAL UNIT CARDIFF, CF5 1BP COMPRISING 6 NO. 1 BED APARTMENTS AND 1 NO. 2 BED APARTMENT WITH ONSITE CAR PARKING, CYCLE STORAGE, REFUSE AND AMENITY FACILITIES 224 11/1105/DCO PENYLAN HOUSE, PEN-Y- PHASED DEMOLITION AND REDEVELOPMENT OF S106 DJ LAN ROAD, PENYLAN, THE EXISTING NURSING AND RESIDENTIAL CARE CARDIFF, CF23 5YG HOME (USE CLASS C2) TO PROVIDE MODERN FACILITIES TOGETHER WITH ASSOCIATED GARDEN AREAS VEHICULAR AND PEDESTRIAN ACCESSES CAR PARKING BICYCLE STORAGE REFUSE STORAGE LANDSCAPING AND OTHER ANCILLARY USES AND ACTIVITIES 244 11/1221/DCO FORMER COW & CONVERSION OF THE COW AND SNUFFERS S106 TW SNUFFERS, GABALFA PUBLIC HOUSE INTO 5NO FLATS ROAD, LLANDAFF NORTH, CARDIFF, CF14 2JH 257 11/1222/DCO LAND ADJACENT TO 6 PROPOSED CONSTRUCTION OF A FOUR BED PER ODJ HEOL-Y-NANT, DWELLING RHIWBINA, CARDIFF, CF14 6BS 270 11/1285/DCO 19 FAIRWOOD ROAD, OUTLINE PLANNING APPLICATION FOR NEW PER APB FAIRWATER, CARDIFF, DETACHED RESIDENCE AT LAND TO THE REAR CF5 3QF OF 19 FAIRWOOD ROAD, FAIRWATER, CARDIFF, CF5 3QF 279 11/1324/DCO LAND ADJACENT TO PROPOSED NEW BUILD 3 FORM ENTRY PRIMARY PER JH SANATORIUM ROAD SCHOOL AND NURSERY 306 11/1455/DCO JUNCTION OF CHANGE OF USE TO USED CAR SALES PER DJ COWBRIDGE ROAD PORTCABIN & FENCING WEST & WESTERN AVENUE, ELY, CARDIFF. 317 11/1486/DCO 100 WENTLOOG ROAD, PROPOSED CHANGE OF USE OF EXISTING REF TW RUMNEY, CARDIFF, CF3 GROUND FLOOR RETAIL SHOP (CLASS A1) TO A 3EA TRADITIONAL FISH AND CHIPS SHOP (TAKE AWAY-CLASS A3) AND NEW SHOP FRONT+ FUME EXTRACTION SYSTEM 327 11/1561/DCO REAR OF 19 HEOL-Y- DWELLING PER APB COED, RHIWBINA, CARDIFF, CF14 6HQ 340 11/1696/DCO SITE OF FORMER SOCIAL PROPOSED 2 STOREY PRIMARY CARE PER APB SERVICES FACILITY, RESOURCE CENTRE (D1 MEDICAL USE WITH BARMOUTH ROAD, SURGERY OPENING TIMES OF MONDAY – FRIDAY RUMNEY, CARDIFF – 7.30AM – 9.00PM SATURDAY 8.00AM – 5.00PM SUNDAY 9.00AM – 1.00PM, A1 RETAIL PHARMACY AND B1 ANCILLARY OFFICE) OFF BARMOUTH ROAD, RUMNEY, CARDIFF

COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/00833/DCI APPLICATION DATE: 13/05/2011

ED: BUTETOWN

APP: TYPE: Full Planning Permission

APPLICANT: Mr Lancastle LOCATION: LAND ADJACENT TO 20 WINDSOR ESPLANADE, CARDIFF BAY PROPOSAL: CONSTRUCTION OF A NEW SEMI-DETACHED/END TERRACE HOUSE ON AN EXISTING VACANT PLOT IN CARDIFF BAY ______

RECOMMENDATION 1: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraphs 8.11 of the Chief Strategic Planning and Environment Officer's report, planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. The consent relates to the application as amended by the revised plans numbered PAX101; PAP100D; PAP101D; PAE100D; PAE101D, attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

3. The consent relates to the application as supplemented by the rendered images numbered P3D105; P3D106; P3D107 attached to and forming part of this application. Reason: The information provided forms part of the application

4. No development shall take place until samples of the external finishing materials have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: To ensure that the finished appearance of the development is in keeping with the area.

5. No development shall take place until a scheme showing the architectural detailing of the front and gable elevations has been submitted to and approved in writing by the Local Planning Authority and the development shall not be brought into use until the approved scheme is implemented. Reason: To ensure a satisfactory finished appearance to the development.

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6. No development shall take place until details of facilities for the storage of refuse containers have been submitted to and approved in writing by the Local Planning Authority. The facilities approved shall be provided before the development is brought into beneficial use. Reason: To secure an orderly form of development and to protect the amenities of the area.

7. No development shall take place until a drainage scheme has been submitted to and approved by the Planning Authority in consultation with Dwr Cymru Welsh Water. Reason: To secure an orderly form of development.

8. Foul water and surface water discharges shall drain separately from the development. Reason: To protect the integrity of the public sewerage system.

9. Surface water shall not drain directly, or indirectly, to the public foul/combined sewerage system, unless otherwise approved in writing by the Local Planning Authority. Reason: To prevent the hydraulic overloading of the public sewerage system, and in the interests of health and the environment.

10. Land drainage run-off shall not discharge, directly or indirectly, to the public sewerage system. Reason: To prevent hydraulic overload of the public sewerage system and the pollution of the environment.

11. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, a remediation strategy detailing how this unsuspected contamination shall be dealt with. The remediation strategy shall be implemented as approved. Reason: The site is located upon land designated as historic landfill (Hamadryad) and there is a possibility that contaminated ground may be encountered.

12. The dwelling hereby approved shall meet the BRE Code for Sustainable Homes (Version 3) Level 3, and shall obtain a minimum of 1 credit under Ene 1 (Dwelling Emissions Rate). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

2 13. Construction of the dwelling hereby permitted shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 (Dwelling Emission Rate) shall be achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

14. Prior to occupation of the dwelling hereby permitted a Code for Sustainable Homes (Version 3) Level 3 ‘Final Certificate’ shall be submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Version 3) Level 3 and a minimum of 1 credit under Ene 1 (Dwelling Emissions Rate) has been achieved for the dwelling. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

RECOMMENDATION 2: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

(i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and

(iii) the safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

3 The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 The proposals are for the construction of a semi-detached individual dwelling next to no. 20 Windsor Esplanade. The applicant, who is the owner of no. 20, has purchased the triangular patch of land immediately to the east of the property that currently serves as a landscaped area between the gable wall of no.20 and the public open space.

1.2 The terrace of 8 townhouses of which no. 20 forms part was granted PP in 2001 (00/01633/C) and is an end-of-terrace 3-storey townhouse. The proposed 4 storey townhouse will be built abutting this property. The footprint projects 1.8m forward of the building line to the front and 0.8m to the rear and will be approximately 1.5m higher than its 3 storey neighbour.

1.3 The new building will become the new end of terrace and the 3 circular windows to the gable of no. 20 will be extinguished.

1.4 The form is distinctive being a simple wedge-shaped box with a raked flat roof. The prominent gable is 12.2m high at its highest point and is clad with bronze- coloured metal panels. It is blank apart from 3 small rectangular windows lighting the top floor bedroom, second floor staircase and first floor bathroom.

1.5 The predominantly glazed lightweight front elevation is 6.5m wide and is contained within a full height rectangular frame clad in bronze-coloured metal panels. The ground floor kitchen and living room has a door that opens on to a small front garden area.

1.6 To the rear the elevation is only 1.9m wide with front door and lobby to the ground floor and bathroom accommodation above.

1.7 Two off-street parking spaces are provided to the Lacuna car park at the rear of the development.

1.8 The Code for Sustainable Homes Pre- Assessment report indicates the building will achieve a BREEAM ‘Very Good’ rating.

1.9 Amended scheme: As a result of discussions the scheme was amended and went out for reconsultation. The amendments are:

4 • Raking the top of the building to follow the slope of the 3 storey townhouse roofs and reducing the projection to the front from 3.0m to 1.8m in order to reduce the scale of the building • Changing the colour of the proposed cladding and alterations to the window sizes and positions on the gable

1.10 The following information is submitted: • Design and Access Statement • Flood Consequences Assessment • Code for Sustainable Homes Pre-Assessment

1.11 The following additional supporting information has been submitted: • Detailed site plan (dwg. no. PAX101) showing proposals in wider context. • Rendered images showing the proposals in the context of the street • Shadow path diagrams showing the impact of the development on the neighbouring property.

2. DESCRIPTION OF SITE

2.1 The site is situated in a residential area fronting Cardiff Bay with a terrace of 8no. townhouses and Lacuna Apartments immediately to the west and an area of public open space to the east.

2.2 The town houses of which no. 20 forms part are 3 storeys in height, set back at each storey to form balconies, and with a continuous monopitch roof falling from front to back (maximum height 10.5m). The apartments which terminate the development at its western end rise from 4 storeys to a central drum of 6 storeys (maximum height of 24.0m).

2.3 To the other side of the public open space is the Grade II listed Windsor Esplanade terrace, a row of substantial 3-storey Victorian townhouses. The distance from the application site to the listed no. 19 Windsor Esplanade is approx. 48m. The distance from the application site to nos. 15 & 16 Eleanor Place, which are the closest houses of a modern terrace to the north of the listed terrace and at right angles to it, is approx. 45m.

2.4 The elongated triangular flat site (approximately 77 sqm) is a wedge-shaped landscaped piece of land between the end of the terrace and the public open space immediately to the east. The application site includes an approx 1.5m wide strip of land, currently part of the rear garden of no. 20, which provides access from the car park to the rear of the proposed building, and 2no. off-street car parking spaces.

2.5 The site is bounded to the south by Windsor Esplanade and the Cardiff Bay Wetlands Reserve. To the north the rear garden of no. 20 backs on to the car

5 parking area serving the 8no. townhouses and 40no. apartments. To the north of that is the elevated peripheral distributor road.

2.6 The site is not in a conservation area but the Pierhead Conservation Area is approx. 30m to the east.

2.7 There are no trees on the site which is covered with dense shrubbery. The edge of the open space adjacent to the site is a landscaped buffer strip 1.5m wide at its Windsor Place end and increasing gradually in width to approx. 2.5m wide at a point level with the rear of the proposed townhouse. This strip is planted with a thick hedge interspersed with a number of trees to the north to reinforce the landscaped buffer between the houses and the POS.

3. PLANNING HISTORY

• 00/1633C Application for construction of 40 apartments and 8 townhouses plus public open space and site access at South Hamadryad Peninsular granted planning permission in May 2001.

4. POLICY FRAMEWORK

4.1 Adopted City of Cardiff Local Plan Policy 11 (Design and Aesthetic Quality)

4.2 Deposit Cardiff Unitary Development Plan (2003) Policy 2.20 (Good Design) Policy 2.24 (Residential Amenity)

4.3 National Policy and Guidance Technical Advice Note 12 (TAN12): Design

5. INTERNAL CONSULTEE RESPONSES

5.1 Transportation: No comment

5.2 Parks services: To be reported at Committee.

5.3 Drainage Management: The Drainage Engineer has no objection subject to a standard drainage scheme condition.

5.4 Waste Management: The Sustainable Planning Officer requires more dtails of the refuse storage arrangements. A standard refuse storage condition is attached.

6 5.5 Pollution Control (Contaminated land): No objection subject to a ‘Contamination and Unstable Land Advisory Notice’ recommendation.

5.6 Pollution Control (Noise & Air): No comment.

6. EXTERNAL CONSULTEE RESPONSES

6.1 Environment Agency: No objection subject to a condition requirng the submission of a remediation strategy in the event of finding contamination.

6.2 DCWW: No objection subject to standard conditions on separation of foul and surface water, and discharge of surface and land drainage run-off to the public sewer.

6.3 The Central Area Conservation Group: The Chair of the Group comments as follows: ‘The Group was split on this application. There is an argument that there should be no development on this site atall. However if reassurances can be given on the quality of the design and in particular the materials then this would be a good design, even given its contrast with the surrounding street scene.’ The Group also requested additional images showing the proposals in context be provided prior to determination. These have been provided as part of the amended scheme.

7. REPRESENTATIONS

7.1 Neighbours were consulted. A total of 23 objections have been received from local residents, as follows: • Status of land and loss of open space/ landscaped buffer • Precedent leading to further erosion of POS • Scale of building – both height and footprint • Unsympathetic design, out of character/not in keeping • Appearance of building – colour and materials • Loss of gable windows to no. 20 • Erroneous reference to existing bicycle store • Lack of car parking • Lack of garden space to front and rear • Viability of boundary hedge • Public realm improvements in the event of PP being granted • Lack of notification • Part of CA • Loss of views and light (Eleanor Place residents) • Loss of views (adjacent houses)

7 8. ANALYSIS

8.1 The main issues to consider are the acceptability of the design and its impact on the amenity of the adjacent POS and of no. 20 Windsor Esplanade.

Design 8.2 Policy 11 of the LP states that new development should be of a good design which has proper regard to the scale and character of the surrounding environment and does not adversely affect the aesthetic quality of the area. It goes on to say that the composition, proportion, form and materials should reflect the building’s use and location and that it should have regard for the historical context of sites and recognise the importance of existing landmarks, vistas and local views (LP 4.6.3).

8.3 TAN12 seeks to promote innovative design and points out that a contextual approach should not necessarily prohibit contemporary design.

8.4 The building forms part of the Lacuna development and is separated from the listed terrace by the POS. It is not in the Pierhead CA. It is however part of a historic street scene and a new addition in important local views – from the Bay and the wetland open space, and from the east on Windsor Esplanade.

8.5 The assessment looks at the building’s design in relation to its immediate context (the Lacuna development and the POS), and at its impact on the historic streetscene and on important local views.

8.6 The 3D cgis illustrate the building’s impact on Windsor Esplanade. When viewed from the west and south its increased height and footprint in relation to the 3 storey townhouses provides a visual stop to the terrace. Its scale in relation to the terrace and its strong vertical form successfully reworks the traditional gable ends that flank the listed terrace and acts in a similar way as a visual ‘bookend’ that both terminates and enhances the terrace. It has proper regard to the scale and character of the street and is acceptable.

8.7 The view from the east presents a largely blank gable which introduces a strikingly different form to the streetscene. The scale of this element has reduced in size as a result of design discussions and the form of the roof has also been modified through the introduction of a slope in order to reduce the impact of the building on the street when seen in this view. Window proportions have also been made more vertical. The overall scale and form is acceptable.

8.8 It is recognised however that this view of the development from the conservation area is the most contentious and the detailed design of the gable, in particular the number, size and composition of the window openings and the details of the cladding material is conditioned to ensure that the proportions, composition, and

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8.9 The predominantly glazed front elevation and the choice of a metal cladding is fundamental to the design concept and this is considered acceptable subject to details on panel size, jointing, texture and colour.

8.10 It should be noted that the Central Area Conservation Group concluded that this would be a good design, even given its contrast with the surrounding street scene, provided that reassurances can be given on the quality of the design and in particular the materials.

8.11 Impact on POS: The landscaped buffer strip that forms part of the POS adjacent to the proposed dwelling is to be reinstated and enhanced as part of the s106 legal agreement. There is an opportunity to introduce taller growing species to soften the impact of the gable on the POS and on the views from the conservation area. To compensate the loss of the incidental landscaped area a financial contribution of £500 is sought to plant 4 new street trees to existing treepits on the south side of Windsor Esplanade opposite Wetlands Nature Reserve. These are to replace trees that have failed to grow.

8.12 The impact on the amenity of the POS is limited to overshadowing of a small area in the late afternoon at the equinox.

8.13 Impact on neighbours: The southeast orientation of the terrace reduces the potential overshadowing of no. 20 arising from the 1.8m projection of the proposed development. Sunpath diagrams show that overshadowing at 9.00am the equinox is restricted to less than half the area of the first floor balcony. At the summer solstice when the sun is further in the east this increases to about 75% of the balcony at 9.00am. For the great majority of the day at the equinox the balconies of no. 20 are not overshadowed.

8.14 In relation to overbearing impact it should be noted that the degree of projection (3.6m at first floor and approx. 4.6m at second floor) is similar to that at the western end of the development and is considered acceptable.

8.15 The impact on the immediate outlook of no. 20 is to cut off views to the east of the listed terrace. The views out over the Bay are not affected.

8.16 There is no impact on the immediate outlook of the residents of Eleanor Place.

8.17 The right to a view is not a material planning consideration however it should be noted that the impact on the views enjoyed by the residents of no. 20 is not significant. The impact on Eleanor Place residents is also insignificant.

8.18 There are no issues in relation to privacy or overlooking.

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8.19 Adequate off-street parking (2 spaces) is provided.

Representations: 8.20 Status of land and precedent: The application site is an area of land that lies between no. 20 and the public open space, currently landscaped with groundcover shrubs. The application form states that the applicant, who is the owner of no. 20, is the owner of the land. The consent for the Lacuna Development refers to this area of land as an incidental landscaped area.

8.21 A condition attached to the consent for the Lacuna development prevents the construction of any structure or extension within the curtilage of any dwelling. This application is however a standalone application for an individual dwelling that has to be judged on its own merits.

8.22 The current function of the land is to reinforce the landscaped buffer strip that forms the western edge of the POS.

8.23 In relation to the establishment of a precedent the adjoining land is public open space and any development would therefore be contrary to the Local Plan. It should be noted the proposal includes no loss of POS.

8.24 Design: The points raised in relation to the design are fully addressed in the analysis above.

8.25 Objections on the grounds that it is part of the conservation area, lack of car parking, viability of the boundary hedge, potential public realm improvements and loss of view are addressed in the analysis above.

8.26 Loss of gable windows to no. 20: The circular windows to the gable of no. 20 are a secondary window to the living room at first floor and bathroom windows on the first and second floor. The house is owned by the applicant and does not therefore raise issues of loss of light to the neighbouring property. In relation to the amenity of future occupiers the level of lighting to the living room will not be significantly reduced and the other townhouses all have internal bathrooms.

8.27 Reference to erroneous bicycle store: The consent for the Lacuna Development requires that adequate provision be made for cycle storage. Whether this has been complied with or not is a separate matter. Cycle storage can be readily accommodated within the dwelling.

8.28 Lack of private amenity space: Given the proximity to public open space and the generous nature of the proposed dwelling the absence of a back garden is acceptable.

10 8.29 Notification: A number of comments were made on the notification process. Immediate neighbours were notified in accordance with normal procedures.

9. CONCLUSION

9.1 In conclusion the proposals represent a bold piece of modern innovative architecture that successfully terminates the townhouse terrace and enhances the street scene. The proposals do not raise any land use, transportation or amenity concerns.

9.2 The granting of planning permission is recommended subject to conditions being imposed and a legal agreement (Section 106) being signed to secure a financial contribution of £500 for the planting of replacement trees and the submission of a scheme for the reinstatement and enhancement of the landscaped buffer strip that forms part of the POS adjacent to the proposed dwelling.

11 12 13

AMENDED PLAN 111/0833/DCI 28.10.2011 14 15 COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/01372/DCI APPLICATION DATE: 12/08/2011

ED: CATHAYS

APP: TYPE: Full Planning Permission

APPLICANT: Roosters Piri Piri Limited LOCATION: 92 ST MARY STREET, CITY CENTRE, CARDIFF, CF10 1DX PROPOSAL: CHANGE OF USE OF GROUND FLOOR AND BASEMENT TO A3 (FOOD AND DRINK) RESTAURANT ______

RECOMMENDATION: That planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. The permission relates to the application as amended by the revised plan numbered 628(SK)020 Rev A attached to and forming part of this planning application. Reason: The plan amends and forms part of the application.

3. No member of the public shall be admitted to or allowed to remain on the premises between the hours of 23:00 and 11:00 on any day. Reason: To ensure for the amenities of occupiers of properties nearby.

4. The premises shall be used for the purpose specified in the application and for no other purpose (including any other purpose in Use Class A3 of the schedule to the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument amending, revoking or re-enacting that Order). Reason: Permission is granted only because of the characteristics peculiar to this proposal. Other uses within Use Class A3 could prejudice the amenities of the area.

5. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any order revoking and re-enacting that Order with or without modification) no sale of hot food for consumption off the premises shall take place from the premises. Reason: In the interests of public safety.

6. The rating level of the noise emitted from fixed plant and equipment on the site shall not exceed 5dBA at any residential property when measured and corrected in accordance with BS 4142 : 1997.

16 Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

7. F7Q Kitchen Extraction

8. Unless otherwise agreed in writing by the local planning authority, the premises shall not be used as a restaurant until details of soundproofing between the ground floor premises and first floor residential accommodation have been submitted to and approved in writing by the Local Planning Authority and the use as a restaurant shall not commence until the approved details have been implemented and thereafter retained. Reason: To ensure that the amenities of the occupiers of adjoining and nearby properties are protected.

9. The approved refuse storage area shall be provided before beneficial use of the premises and shall thereafter be retained for refuse storage. Reason: To secure an orderly form of development and to protect the amenities of the area.

10. Prior to beneficial use of the development hereby permitted a suitable grease trap shall be provided. Reason: To protect the integrity of the public sewerage system and sustain and essential and effective service to existing residents.

11. Prior to beneficial use of the development hereby permitted details of a CCTV system to record persons entering and leaving the premises shall be submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to beneficial use of the development hereby permitted and thereafter retained. Reason: In the interests of public safety.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 A full application for the change of use of the ground floor and basement area of number 92 St. Mary Street to A3 use, as a restaurant. The proposed hours of opening are 11:00 to 23:00 on Sundays to Fridays and 11:00 to 01:00 hours on Saturdays.

1.2 No external alterations to the property are proposed.

17 1.3 The application is supported by an Access statement, which notes that level pedestrian access into the unit is already available.

1.4 The application is also supported by a Planning Statement, which notes that the intended occupier of the property would be Roosters Piri Piri Limited (RPP). The agent notes that RPP offer “healthy, fresh, steam and grilled cooked food…. and no frying (other than their fries/chips)”. The agent states that RPP do not sell alcohol and their food and restaurants are suitable for all members of the community, and that the scheme would create between 15 and 20 new jobs.

1.5 The Planning Statement includes marketing details of the property and the agent states the premises was vacated by the previous occupier (McColls – a newsagents and off licence) in January 2010 and has been marketed since March 2010 by Cooke and Arkwright. Cooke and Arkwright have confirmed that, since marketing the property, there has been no interest in the property from any operator falling within Use Class A1.

2. DESCRIPTION OF SITE

2.1 The application site relates to a 3 storey Grade II listed building, located in the St. Mary Street Conservation Area.

2.2 The application site is currently vacant and previously accommodated a newsagents and off-licence (McColl’s). It is adjoined by Bunkhouse – bar on ground floor, hostel accommodation on the upper floors and a basement nightclub – at no. 93-94 St. Mary Street, and Subway at number 91 St Mary Street.

2.3 Subway’s (a sandwich Bar adjoining the premises at no. 91 St. Mary Street) advertised opening hours are: 08:00 to 22:00 on Mondays to Fridays, 09:00 to 04:00 on Saturdays, and 09:00 to 08:00 on Sundays. The hours of opening of the ground floor bar (formerly occupied by K2) at number 93/94 are controlled by a premises licence allowing opening between 10:00 and 04:00 hours. The operating hours of the basement nightclub “The Underground Club” in number 93 St. Mary Street are controlled by a premises licence that restricts hours of opening to 10:00 – 05:15 hours, each day.

2.4 In total, there are 7no. late-night A3 premises (bars, restaurants and takeaways) within the application site frontage (nos 85-101 St. Mary Street). O’Neills (a bar providing meals) at no. 85, Missoula (a bar providing food) at no. 86, Reflex (bar) at no. 88, Wok to Wok (a restaurant/takeaway) at no. 90, Bunkhouse (bar) at 93/94, Rococo (bar) at no. 95, and Flares (bar) at no. 96.

18 2.5 There are 11no. flats in the upper floors of 91-92 St. Mary Street, immediately above the application site.

3. SITE HISTORY

97/593/DCI Change of use of shop to restaurant (ground floor and basement only). Granted: 21/5/97

01/2186/C Conversion of existing 9no. flats to 11no., 43-47 Westgate St & 91-92 St Mary St. Granted: 13/12/2001.

4. POLICY FRAMEWORK

4.1 National Planning Guidance Planning Policy Wales TAN 11: Noise TAN 21: Waste

Welsh Office Circular 16/94 “Planning out Crime”

4.2 Adopted City of Cardiff Local Plan (January 1996): 3 – Development in Conservation Areas 19 - Provision for Pedestrians 20 - Provision for Special Needs Groups 48 - Principal Shopping Area Changes of Use

4.3 Deposit Cardiff Unitary Development Plan (October 2003): 2.31 – Central and Waterfont Business Areas 2.33 – Food, drink and entertainment uses in the central and waterfront business areas 2.35 – Development in the central shopping area 2.53 – Conservation areas 2.57 – Access, circulation and parking 2.74 – Provision for waste management facilities in development

4.4 Supplementary Planning Guidance Premises for eating, drinking and entertainment in the city-centre Restaurants, takeaways and other food and drink uses Access, circulation and parking Waste collection and storage facilities

St Mary Street Conservation Area Appraisal City Centre Strategy

19

5. INTERNAL CONSULTEE RESPONSE

5.1 Pollution Control Contamination land: no comments. Air & noise: conditions are requested in respect of opening hours (11:00 to 23:00 on Sundays to Fridays and 11:00 to 01:00 on Saturdays, i.e. the hours applied for), plant noise, and kitchen extraction.

5.2 Waste Management The agent has submitted an amended ground floor layout, which identifies an area for refuse storage within the ground floor of the premises. Whilst the Officer notes that this arrangement is not ideal as it means that refuse would need to be transferred through the restaurant for collection, as there is no alternative it is considered acceptable. The Officer notes that this area must be retained for refuse storage to prevent waste being stored on the highway.

5.3 Transport No objection.

6. EXTERNAL CONSULTEE RESPONSES

6.1 Welsh Water A condition to secure a grease trap is recommended should permission be recommended.

6.2 South Wales Police The South Wales Police Crime Prevention Design Advisor originally raised an objection to the application, noting that overall crime in the St. Mary Street area is high with 1658 incidents being recorded between 01/02/2010 and 31/01/2011. The Crime Prevention Design Advisor notes that these levels of crime are high compared with background levels in the South Wales Police area.

Taking the above information into consideration an objection was raised to the proposed change of use as this would increase the size of the late night economy and further exacerbate the problems of crime and disorder in the area.

Having reviewed the application and crime statistics, the South Wales Police Crime Prevention Design Advisor maintains her objection as there is evidence that “pre-fuelling” or “front-loading” (the practice of drinking at home before travelling to the city-centre) generates particular problems in the city-centre after 23:00 hours. The South Wales Police Crime Prevention Design Advisor is concerned that late-night food and drink premises attract large numbers of

20 people into the area that are pre-loaded with alcohol, which further increases the risk of crime and disorder occurring.

However the South Wales Police Crime Prevention Design Advisor would be willing to withdraw this objection if, (i) the premises were used as a restaurant only with no take-away facility, (ii) the premises were closed between 23:00 and 07:00 hours and (iii) CCTV is installed (the system should be capable of storing data of acceptable evidential quality and should be signed in accordance with the Data Protection Act).

7. REPRESENTATIONS

7.1 Neighbours and local members have been notified, the application has been advertised on site and in the press.

7.2 The occupier of Flat no. 11, 91-92 St. Mary Street, has written to object to the proposed restaurant on the following grounds: (i) increase in public nuisance (ii) noise generated by both patrons of the proposed restaurant and noise from additional machinery, e.g. kitchen extraction equipment and noise from compressors, (iii) litter, and (iv) smells.

7.3 A letter of objection has been received from the occupants of Flat no.8, 91-92 St. Mary Street on the following grounds: (i) smell, (ii) litter, (iii) storage and disposal of refuse (iv) disposal of food waste, (v) impact on the drainage system, (vi) issues of siting potential smell from the extraction unit. The residents state that unless Cardiff Council is interested in rehousing the occupants in this Cardiff Community Housing Association scheme the application should be rejected.

7.4 The occupier of Flat 4, 91-92 St Mary Street objects to the application as her flat is one of 11no. housing association units, located directly above the premises. Her objection is raised on the following grounds: (i) noise and nuisance - her window is located directly above the proposed restaurant, concerns about plant noise, and concerns about whether the soundproofing is adequate; (ii) smells; (iii) impact on the special character of the St. Mary Street Conservation Area; (iv) there is an existing saturation of food establishments in the area; (v) Cardiff Community Housing Association should be securing the survival of this listed building.

8. ANALYSIS

8.1 The application raises the following issues.

21 Land Use Policy

8.2 The application site is located within the City Centre Principal Business Area (PBA), and the City Centre Principal Shopping Area (PSA) of the adopted City of Cardiff Local Plan. The site lies within the core area of the approved City Centre Strategy 2007 – 2010 and within the St Mary Street Conservation Area. The property is also a Grade II listed building.

8.3 Whilst it is noted that Policy 48 of the Local Plan seeks to protect the predominant shopping role and character of shopping frontages, considering the frontage is not designated in the Local Plan and taking into account the length of time that the property has been actively marketed, the application is generally supported in terms of land use policy.

8.4 The Strategic Planning (Regeneration) Officer notes that, whilst an application for A3 use within the city-centre would normally result in a request for a contribution towards improvements to the public realm in the vicinity of the site – in line with extant policies - given the recent public realm works undertaken on St Mary Street such a request is not considered reasonable in this instance.

8.5 The Premises for Eating, Drinking and Entertainment in the City Centre SPG states that A3 (food and drink) uses are most appropriately located in the City Centre PSA, District and Local Centres and the City Centre PBA. The SPG does however state that consideration should be given to any potential public safety and security issues, and any potential impact on amenity.

8.6 In summary, the proposal is considered acceptable in terms of land use policy providing that amenity and public safety issues are taken into account and appropriate conditions are considered in order to limit the type of A3 facility and to restrict hours of opening.

Amenity

8.7 Guidance in the Council’s adopted “Premises for eating, drinking and entertainment in the city-centre” SPG notes that noise and disturbance from late night food and drink premises can cause problems for local residents and that, whilst City Centre residents must expect a degree of disturbance from late-night activity, this must be within acceptable limits.

8.8 In terms of potential disturbance from noise and air nuisance, the application has been assessed by the Pollution Control section with the conclusion that the proposed restaurant use is acceptable subject to conditions in order to mitigate any potential adverse impact resulting from noise and/or smell nuisance. It is noted that there is residential accommodation above the ground floor of the application site and conditions have been recommended

22 by the Pollution Control Officer in order to: restrict opening hours to those applied for, secure a scheme of sound insulation, secure adequate kitchen extraction and to control plant noise.

8.9 In respect of any potential impact on the amenity of residential occupants it should be noted that when the conversion of the upper floors of 91-92 St Mary Street and 43-47 Westgate Street from 9no. to 11no. flats (ref: 01/2186/DCI) was granted permission in December 2001, the ground floor and basement area of 91-92 St Mary Street already benefitted from permission (ref: 97/593/C) for use as a restaurant, operating between 0800 - 0030 hours, each day. Given this context, and taking into account the mitigating measures sought by condition, it would be difficult to challenge the application in terms of impact on residential amenity.

Crime and Disorder

8.10 Paragraph 4.10.12 of Planning Policy Wales (March, 2010) notes that:

“Local authorities are under a legal obligation to consider the need to prevent and reduce crime and disorder in all decisions that they take. Crime prevention and the fear of crime are social considerations to which regard must be given by local planning authorities in the preparation of development plans, should be reflected in supplementary planning guidance, and may be material considerations in the determination of planning applications. The aim should be to produce safe environments through good design”.

8.11 Welsh Office Circular 16/94 “Planning Out Crime” is also relevant and, in paragraph 3 states, “Crime prevention is capable of being a material consideration when planning applications are considered”. The Circular advises that local planning authorities should consult Police Architectural Liaison Officers when determining planning applications.

8.12 The Council’s adopted “Premises for eating, drinking and entertainment in the city-centre” SPG reiterates the guidance in Welsh Office Circular 16/94 and notes that the Council’s adopted “Restaurants, takeaways and other food and drink uses” SPG states that: “Within the principal business and principal shopping areas of the city centre, proposals for food and drink uses in frontages or areas where there are high concentrations of existing and/or approved similar uses are unlikely to be acceptable. This is particularly so where perceptions of safety and security within an area can be affected by the area’s night time uses, as is the case in parts of St Mary Street and adjoining streets”.

8.13 In terms of this application the South Wales Police Crime Prevention Design Advisor has indicated that the level of crime and anti-social behaviour in St.

23 Mary Street is an issue that causes concern to the Police. However the South Wales Police Crime Prevention Design Officer has confirmed that these concerns can be mitigated by restricting the use of the premises to restaurant use only with no take-away facility, preventing opening after 11pm and securing a CCTV system. Suitable conditions have been appended to Recommendation 1 to address these concerns.

8.14 It is noted that the South Wales Police Crime Prevention Design Advisor previously objected to application 10/1756/C - an application for the change of use of the ground floor of no. 23 High Street (previously Floyds clothing) from A1 to A3 café-bar. These Police concerns resulted in Planning Committee resolving to refuse permission for application 10/1756/C on the basis that the proposal would exacerbate existing problems of late-night anti- social behaviour, and crime and disorder, having a detrimental impact on public safety. An appeal was subsequently submitted and decision from the Planning Inspectorate is awaited. But application 10/1756/C related to an application for a late night café-bar, with proposed opening hours of 9am – 2am on Mondays to Saturdays, and midday – midnight on Sundays and bank holidays. The current application is different as it relates to a restaurant use and the Crime Prevention Design Advisor considers that any potential issues in respect of crime and disorder can be mitigated by measures secured by planning condition.

Representations

8.15 The representations received from the occupiers of residential property in the upper floor of the application site are noted. Issues of noise and disorder have been considered above and it is considered that the closing time of 11pm, requested by South Wales Police for reasons or public safety, would also benefit the occupiers of the residential flats on the upper floors of the building. The Council’s Waste Management Officer is satisfied with the proposed refuse storage facilities and the Pollution Control Officer has requested a number of conditions in order to mitigate any potential problems in respect of noise and smell and has also requested details of soundproofing between the ground floor premises and the first floor residential accommodation. In terms of drainage, Welsh Water have requested a condition to secure a grease trap. Given the variety of commercial uses, including a number of food and drink premises in St. Mary Street, it would be difficult to sustain an argument that the proposal would adversely affect the character of the St. Mary Street Conservation Area and the application does not propose any external alterations to the listed building.

Conclusion

8.16 Based on the above analysis, it is recommended that planning permission be granted.

24 25 Figured dimensions only are to be taken from this drawing. All dimensions are to be checked on site before any work is put in hand. If in doubt, ask.

NOTES

Bin Storage

Condiments Elec /Bin cupboard

double SS decker K10 FOR K09 dumb K24 waiter K08 K20 K21 ST lifts 1500 K03 K05 K06 K04 CHANGE KITCHEN & Extent of Extract Hood K19 K25 DATA COUNTER Fire ST ST ST ST K27 4,361 OF USE Exit K17 K16 K11 K11 K11 K26 K15 SS ST

T ONLY

S booths K29 T GL1 ST PRIVATE ST ST ST ST DINING

LONGER STAY SEATING SHORTER STAY UP SEATING

T

S Single seat booths Single seat booths booths Condiments /Bin ACCESSIBLE WC ST ST ST ST ST ST ST

storage Baby High chair High change low level DOWN TO STAFF KITCHEN banquette FACILITIES & CUSTOMER BATHROOM

S C A L E 1 : 50 26 1 GENERAL ARRANGEMENT - GROUND FLOOR PLAN

dashed line indicating removal of wall

dumb waiter lifts DRY STORE

PREP AREA

K17 up CUSTOMER A Change of Use SP 04.07.11 ST CUSTOMER FEMALE WC MALE WC Rev Description Drawn Date Checked WASH UP AREA Spence Harris Hogan associates architects + interiors + design consultants COOL ROOM LOBBY 1 Vencourt Place © Ravenscourt Park Hammersmith London w6 9nu up up tel : 020 8600 4171 LOBBY fax : 020 8600 4181 KITCHEN mail : [email protected] up web : ww.shh.co.uk

up Project No Project: 628 Roosters

up Author: Site Address: LIFT 92 Saint Mary Street SP Cardiff Checked: Client: ST Roosters

Title: 020 General Arrangements Ground Floor Status: Scale A1: Scale A3: Preliminary 1:50 1:100 S C A L E 1 : 50 Project no. / Stage / Drawing no. Date: Revision: 2 GENERAL ARRANGEMENT - BASEMENT FLOOR PLAN 628(SK)020 04/07/11 A LOCAL MEMBER CONCERN

COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/01406/DCI APPLICATION DATE: 12/08/2011

ED: CATHAYS

APP: TYPE: Full Planning Permission

APPLICANT: TVE (Salisbury Rd) Ltd LOCATION: 12 - 16 SALISBURY ROAD, CATHAYS, CARDIFF, CF24 4AD PROPOSAL: STUDENT ACCOMMODATION BLOCK AT THE CORNER OF SALISBURY ROAD/ CRANBROOK STREET ______

RECOMMENDATION 1: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraphs 5.1, 5.6, 5.7 & 8.3 of the City Development Officer's report, planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. The consent relates to the application as amended by the revised plans numbered DAX101D; PAP100H; PAP101H; PAP102H; PAP103H; PAP104H; PAE100H; PAE101H; PAE102H; PAE103H; PAE104H, attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

3. No development shall take place until samples of the external finishing materials, have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: To ensure a satisfactory finished appearance to the development.

4. No development shall take place until a scheme showing the architectural detailing of the principal elevations of the building has been submitted to and approved in writing by the LPA and the development shall not be brought into beneficial use until the approved scheme is implemented. Reason: To ensure a satisfactory finished appearance to the building.

5. The rating level of the noise emitted from fixed plant and equipment on the site shall not exceed the existing background noise level at any time by

27 more than 5dB(A) at any residential property when measured and corrected in accordance with BS 4142: 1997(or any Britsh Standard amending or superseding that standard). Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected, in accordance with policy 2.24 of the deposit Unitary Development Plan and guidance contained within the adopted SPG Restaurants, Takeaways and other Food and Drink Uses (1996).

6. No development shall take place until details showing the provision of 25 cycle spaces under cover and secure for residential use have been submitted to and approved in writing by the LPA. The approved details shall be implemented prior to the development being put into beneficial use. Thereafter the cycle spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the secure parking of bicycles.

7. No part of the development hereby permitted shall be occupied until a travel/parking/traffic/resident/letting management plan to include, but not limited to, the promotion of public transport and other alternatives to the private car; the management of traffic at the start and end of term; the control of vehicular access to the site; the exclusion and control of student resident car parking within the site and surrounding area, has been submitted to and approved by the Local Planning Authority. The approved management plan shall thereafter be implemented throughout the duration of the development. Reason: In the interest of highway safety and to regulate the impact of the development on use of the adjacent highway.

8. No part of the development hereby permitted shall be occupied until a scheme of construction management has been submitted to and approved by the Local Planning Authority, to include details of site hoardings, site access and wheel washing facilities. Construction of the development shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity.

9. No part of the development hereby permitted shall be occupied until a scheme of environmental improvements to Salisbury Road and Cranbrook Street footways adjacent to the site, in accordance with the principles shown on the plan produced by Strategic Planning (Regeneration), has been submitted to and approval in writing by the LPA. The scheme should include as required, but not be limited to, the construction of the proposed access crossover and resurfacing of the remaining footways, including as required surfacing, kerbs, edging, the provision/renewal of street lighting and street furniture as may be required as a consequence of the development. The agreed scheme to be implemented to the satisfaction of the LPA prior to beneficial occupation of the site.

28 Reason: To ensure the reinstatement of the adjacent public highway in the interests of highway and pedestrian safety and to facilitate access to the proposed development.

10. Doors and ground floor windows are to be constructed and installed in such a way as to prevent them opening outward over the public footway. Reason: In the interest of pedestrian safety.

11. Any topsoil [natural or manufactured],or subsoil, to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes.

Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the LPA.

Reason: To ensure that the safety of future occupiers is not prejudiced”

12. E7Z Imported Aggregates

13. C7S Details of Refuse Storage

14. No development shall take place until an assessment, including ground permeability testing if appropriate, has been undertaken to determine the practicality of utilizing techniques such as soakaway drainage and permeable paving as a first option for the disposal of surface water run off as well as other forms of sustainable drainage techniques and a drainage scheme for the disposal of both surface water and foul sewage has been submitted to and approved by the Planning Authority in consultation with Dwr Cymru Welsh Water . Reason: To ensure an orderly form of development.

15. Foul water and surface water discharges shall be drained separately from the site. Reason: To protect the integrity of the public sewerage system.

16. No surface water shall be allowed to connect, either directly or indirectly, to the public sewerage system unless otherwise approved in writing by the LPA. Reason: To prevent hydraulic overload of the public sewerage system, to protect the health and safety of existing residents and prevent pollution of the environment.

29

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

18. The building hereby permitted shall be constructed to achieve a minimum ‘BREEAM’ overall standard of ‘very good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (Reduction of CO2 Emissions). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

19. Construction of any building hereby permitted shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum ‘BREEAM’ overall standard of ‘Very Good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (Reduction CO2 Emissions) has been achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

20. Prior to the occupation of the individual building hereby permitted, a ‘Final Certificate’ shall be submitted to the Local Planning Authority, certifying that a minimum ‘BREEAM’ overall standard of ‘Very Good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (reduction of CO2 Emissions) has been achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

RECOMMENDATION 2: The highway works condition and any other works to the existing public highway (to be undertaken by the developer) are to be subject to an agreement under Section 278 Highways Act 1980 between the developer and Local Highway Authority.

RECOMMENDATION 3: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

RECOMMENDATION 4: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due

30 diligence when assessing these impacts, however you are minded that the responsibility for

(i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site:

• Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and (iii) the safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 The proposal is for the construction of a 49 bed student accommodation block on a prominent vacant site at the corner of Salisbury Road and Cranbrook Street.

1.1 Amended drawings have been received addressing issues of scale, roof and ground floor design and architectural treatment. The scheme on which neighbours were reconsulted has undergone further modification to address the design of the roof and the principal corner of the building.

1.2 The L-shaped building is built out to the heel of the pavement and is 3 storeys to Cranbrook Street rising to 4 storeys on the corner with Salisbury Road. The elevation to Salisbury road is predominantly 4 storeys, reducing to 3 storeys at its southern end.

31 1.3 On the boundary with no. 2 Cranbrook Street the 3 storey building returns for 1.5m before dropping to single storey.

1.4 The main student entrance is from Cranbrook Street near the corner with Salisbury Road. Above the entrance is a full height glazed feature framed by the zinc cladding used for the roof.

1.5 A secondary entrance further along Cranbrook Street gives access to a rear courtyard and to the binstores and bike store.

1.6 The top storey on both 3 and 4 storey sections is a vertical mansard roof set back 0.6m from the Salisbury Road and Cranbrook Street frontages and clad in a diamond patterned zinc cladding with a flat roof. The top storey windows take the form of projecting dormers.

1.7 The height of the mansard on Cranbrook Street is about 0.2m higher than the existing ridge line. The eaves line is about 0.9m higher than the Cranbrook Street eaves.

1.8 The windows to the 4 storey section have a strong vertical emphasis, those on the 3 storey sections are square.

1.9 The upper storeys are clad in red brickwork, the ground floor is finished in white render and diamond-patterned zinc cladding to the corner, and to the lower section on Salisbury Road. The ground floor on the 4 storey corner section is recessed and piers divide up the ground floor on the Salisbury Road frontage. The zinc cladding at the ground floor on the corner will incorporate a lighting feature.

1.10 No communal facilities are proposed as more than 50% of the accommodation is in the form of student flats aimed at mature students. The cluster flats (typically 5 bedrooms) all benefit from a shared kitchen/living room.

Sustainability 1.11 The building aims to achieve a BREEAM ‘Very Good’ rating. However a BREEAM Pre-Assessment report has not been provided.

1.12 The following additional information will be submitted: • Rendered images of the proposals (details to be reported to Committee)

2. DESCRIPTION OF SITE

2.1 The site is on the south-east corner of Salisbury Road and Cranbrook Street. The site has been cleared for a number of years and is enclosed behind hoardings. It was formerly occupied by a pair of two storey houses with front gables. It is a

32 prominent corner site which overlooks a triangular landscaped open space on the other side of Salisbury Road. To its south, on the other side of a sub-station, is a two-storey stone faced terrace, used as offices. Behind these buildings, and behind Cranbrook Street, are some four storey student residential blocks.

2.2 Most other buildings in the immediate vicinity of the site are two storey, though some buildings have front gables and second floor accommodation in the roof space. The adjacent two storey terrace in Cranbrook Street and nos.18/20 and 22 Salisbury Road are sited at the rear of the pavement. There is a popular ground floor café at no. 20 Cranbrook street directly opposite the main entrance to the student block. A high proportion of the neighbouring properties on Salisbury Road and Cranbrook Street are let to students.

2.3 It is understood that no. 2 and no. 4 Cranbrook Street are in the ownership of the applicant. No. 2 Cranbrook Street is currently occupied by students.

2.4 The site is in the heart of the Cardiff’s student community, close to the University and 50m to the south of the facilities of the Salisbury Road District Centre. It is also close to the City Centre and good public transport links.

3. PLANNING HISTORY • 07/2390/C Application for ground floor shop/café and ancillary with 16no. apartments over was withdrawn in December 2007 on the advice of officers that the it was going to committee with a recommendation for refusal on design grounds. • 07/791/C Application for 4 storey development comprising shop/café at ground floor level with 18no. apartments above refused on grounds of overdevelopment in June 2007. • 06/01883/C Application for prior approval for demolition at 12-16 Salisbury Road and 2-4, Cranbrook Street, Cathays, Cardiff. Determined that prior approval not required.

4. POLICY FRAMEWORK

4.1 The policy framework for this advice is as follows: • Planning Policy Wales (Edition 4, February 2011) • City of Cardiff Local Plan (Adopted January 1996) • Cardiff Unitary Development Plan (to 2016)

4.2 The following Local Plan policies are considered to be of particular relevance: • Policy 11 Design and Aesthetic Quality • Policy 12 Energy Efficient Design

33 4.3 The following deposit Cardiff Unitary Development Plan policies are of particular relevance: • Policy 2.20 Good Design • Policy 2.55 Public Realm Improvements • Policy 2.57 Access, Circulation and Parking

4.4 The following Supplementary Planning Guidance (SPG) is relevant: • Community Facilities and Residential Development (2007) • Open Space (2008) • Access, Circulation and Parking Standards (2010)

4.5 Relevant National Policy Guidance • TAN 12: Design

5. INTERNAL CONSULTEE RESPONSES

5.1 Neighbourhood Regeneration: The Regeneration Officer notes that as there are no on-site communal facilities provided in the proposed student accommodation an off-site contribution of £410 per person would be required. Based on the information provided a financial contribution of £20,090 is requested for improvements to existing community facilities or the provision of additional community facilities in accordance with the ‘Community Facilities and Residential Development (2007) SPG.

5.2 Transportation: The Council’s Transportation Officer comments as follows:The adopted Access, Circulation and Parking Standards SPG confirms that one parking space per 25 beds may be provided for operational use, amounting to two spaces for the proposed development; there is no requirement for on site resident or visitor car parking. He is therefore satisfied that subject to the cycle parking condition, the application is compliant with adopted parking policy.

5.3 However given the limited number of units, along with the proximity of the site to the city centre, university facilities and public transport he has no objection in principle to the removal of the two on-site parking spaces from the application. The removal of the two on-site spaces would also allow the retention of one on- street space in the location of the proposed access cross-over.

5.4 It should be noted that the incoming residents would not qualify for Resident Parking Permits and that a contribution is sought towards making any TRO modifications that may be required as a consequence of the development.

5.5 He therefore has no objection to the application subject to conditions on cycle parking, a combined travel and student accommodation traffic management plan, a construction management plan, and highway works.

34 5.6 A financial contribution of £12,480 towards traffic order modifications as may be required as a consequence of the development (£2,080) and towards the implementation of pedestrian/cycle crossing facilities and improvements (£10,400) on Salisbury Road in the vicinity of the site.

5.7 Parks Services: The Parks Officer notes that under current policy the proposed development is subject to Policy 31 of the Local Plan (Provision of Open Space on New Residential Developments). As no recreation space is being provided on-site the developers will be required to make a financial contribution towards the provision of open space off-site or the improvement (including design and maintenance) of existing open space in the locality. Utilising the residential information. He calculates the contribution to be in the sum of £25,960. This is in accordance with the Open Space SPG and is based on 49 student bedrooms.

5.8 The use of the contribution will be determined in accordance with the approved procedure which requires consultation with yourself and Members

5.9 Highways and Waste Management: The Drainage engineer has no objection subject to a condition requiring permeability testing to establish the viability of sustainable drainage techniques and the submission of a drainage scheme.

5.10 Pollution Control (Noise & Air): No objection subject to a plant noise condition, and a recommendation on construction site noise. Conditions were initially requested on road noise, floodlighting scheme and kitchen extraction however it was agreed with PC that these conditions are not necessary.

5.11 Pollution Control (Contaminated Land): No objections subject to standard conditions on imported soil and aggregates. A contamination and unstable land advisory notice is to be added.

5.12 Waste Management: The Sustainable Planning Officer raises concerns over the capacity of the proposed bin storage area.

6. EXTERNAL CONSULTEE RESPONSES

6.1 Welsh Water: Welsh Water request the following conditions, if planning permission is granted: Foul water and surface water to be drained separately; no surface water shall be allowed to connect, either directly or indirectly, to the public sewerage system unless otherwise approved in writing by the Local Planning Authority; land drainage run-off shall not be permitted to discharge, either directly or indirectly, into the public sewerage system.

6.2 Western Power Distribution: Information is provided on their apparatus in the vicinity of the proposed works.

35 6.3 Police Architectural Liaison: The Crime Prevention Design Advisor makes a number of recommendations relating to security. The recommendation that only students without cars be permitted to reside at the development is addressed in the Transportation Officer’s comments. The advice has been forwarded to the agent.

7. REPRESENTATIONS

7.1 The proposals were advertised as a major application in the press and on site, and Local Members and neighbours were consulted. Two letters raising concerns have been received from Cllr. Pickard, and one letter of objection, one letter of concern and a letter with ideas for making the scheme more sustainable have been received from local residents.

7.2 Cllr. Pickard welcomes the proposals but raises concerns over the location of the main entrance and lack of car parking provision. He requests that the main entrance be moved from the more residential Cranbrook Street to Salisbury Road to minimise late night noise disruption, and that adequate cycle parking provision is provided and that consideration be given to how the developer can be made to meet its obligations to not add unduly to the parking pressure by for example working with the City Car Club or by bringing other spaces back into use.

7.3 One local resident on Cranbrook street objects on the following grounds: • Additional pressure on parking • Four storey development would block light • Increased vandalism, anti-social behaviour, rubbish and noise • Private developer therefore will be year-round occupation • Too many students • Students do not pay council tax • Additional traffic during construction

7.4 One local resident welcomes the proposals but raises concerns over the increased parking pressure and suggests that two parking spaces is insufficient.

7.5 A letter from a supporter of sustainable development who suggests a number of ideas for making the building more sustainable and asks whether it is the University or a private developer who is making the application. If the University he suggests that such a development should lead by example by making the building as ‘green’ as possible.

8. ANALYSIS

The main issues to be considered are the proposed student use, the adequacy of the design, access and parking arrangements, and amenity of neighbours.

36

Land Use 8.1 The rectangular cleared application site at the junction of Salisbury Road and Cranbrook Street is zoned as existing residential land in the adopted City of Cardiff Local Plan. The area within which the site is situated has a high student concentration due to its proximity to the University and city centre. To the rear of the site are the existing halls of residence known as Senghennydd Court. Existing terraced housing adjoins the site on Cranbrook Street.

8.2 In principle, the use of this site for use as a student accommodation block would help somewhat in relieving pressure on student demand for traditional terraced housing in nearby popular student areas. At present the site, which is in a prominent location, is vacant and in need of redevelopment to help improve the image of the immediate area.

8.3 Taking these factors into account, the application raises no significant land use policy concerns and subject to a legal agreement restricting the use of the premises to students only the proposed student accommodation use is considered acceptable in land use policy terms.

Design 8.4 The site is an important element of the Salisbury Road streetscene located opposite an established area of open space and prominent in local views from the south, north and west. The design has evolved significantly from the application submission in order to reach a point where it can be recommended for approval.

8.5 The height and massing of the building on Cranbrook Street is similar to the existing terrace and steps up to 4 storeys to turn the corner on to Salisbury Road before stepping down to 3 storeys again to follow the topography of the street and reduce the bulk of this prominent corner when viewed from Salisbury Road to the south. The mass of the building is reduced by setting back the top storey and the ground floor at the corner. The scale of the building responds appropriately to its neighbours and to the prominence of the corner site and is acceptable.

8.6 The vertical mansard roof, clad in zinc and set back from the building’s facades and punctuated by the projecting dormer windows, gives the building a wel- proportioned and interesting roofscape. The use of the vertical mansard allows the skewed geometry of the building and the different roof levels to be successfully resolved.

8.7 The building turns the corner successfully and the main entrance is emphasised by the full height glazed feature. The choice of materials is acceptable and the diamond patterned zinc cladding adds an additional interest to the building that

37 picks up on the elevational treatment of the Sherman Theatre on Senghennyd Road.

8.8 The treatment of the ground floor to Salisbury Road, particularly the use of zinc clad piers and white render requires further detailing. Materials and architectural detailing conditions are therefore attached.

8.9 The scale, composition, proportion, form and materials of the building is acceptable.

Public Realm Improvements 8.10 The public realm surrounding the site is generally of a poor quality and the interface between the premises and its environment is a key consideration in determining the acceptability of this proposal. The scale and nature of the proposed student use would place increased pressure on an area of public realm which would need to be enhanced for the proposed development to be considered acceptable.

8.11 Policy 2.55 of the deposit Unitary Development Plan identifies the need for new developments to make appropriate provision for public realm improvements. In addition, Policy B2 of the adopted South Glamorgan (Cardiff Area) Replacement Structure Plan favours measures to improve the environmental quality of the urban fabric. Taking into consideration the development’s impact on the public realm within the vicinity of the site, it is recommended that the applicant undertake improvement works along the frontage of their property at Salisbury Road and Cranbrook Street in order to provide a safe and more secure public realm than that which serves the site at present.

8.12 The works are to be carried out by the developer under a S278 agreement.

Access and Parking 8.13 There is no objection from transportation. The site is in a highly sustainable location and policy and SPG does not require on site resident car parking for the sui generis use of student accommodation. A cycle parking condition has been attached.

8.14 A travel/parking/traffic/resident/letting management plan condition is attached covering arrangements for beginning and end of term and car ownership.

8.15 A financial contribution towards TROs, the implementation of pedestrian/cycle crossing facilities and improvements on Salisbury Road will be secured through a legal agreement.

Loss of daylight/Overbearing impact/overshadowing 8.16 The building is built tight to the boundary of no. 2 Cranbrook Street extending back 5.3m from the rear wall of the existing house over a height of 3 storeys

38 before stepping down to single storey. The annex of no. 2 is 2 storey with a single storey extension. The annex has a ground floor kitchen window facing the boundary with the application site. There are ground floor and first floor windows to habitable rooms to the main rear wall that face the end boundary wall. The distance between the existing annex and the proposed gable is approx. 2.0m

8.17 The 3 storey new gable extends about 1.5m further than the existing neighbouring 2 storey annex. It is however on the boundary and the eaves height will be 6.6m. The height to the top of the mansard roof is 9.0m This will lead to a reduction in daylighting to the neighbouring ground floor annex kitchen window and the ground floor habitable room window in the main rear wall. The reduction in daylighting to the kitchen is considered acceptable as it is not a habitable room; the reduction in daylighting to the ground floor habitable room is mitigated to an extent because it does not face the proposed gable and because it benefits from a southeasterly aspect. It is therefore considered acceptable.

8.18 The proposed gable wall does not extend significantly beyond the line of the neighbouring existing annex and there will not be any overbearing impact or significant overshadowing of the rear garden area.

Overlooking 8.19 The southern gable marks the boundary with the Student Halls of Residence to the south. It has small high level secondary windows to bedrooms and windows to internal corridors that overlook the electrical substation and access and rear grounds of the Student halls. There are no overlooking or privacy concerns. The rear bedroom windows of the Cranbrook Street wing are 5.0m from the boundary at the closest pointy but more than 21m from the windows of the nearest Student Halls. The proposals raise no overlooking or privacy concerns.

Amenity of future occupiers (community facilities &external amenity space) 8.20 The future occupiers have access to a small landscaped area in the courtyard. There is an established area of landscaped open space directly opposite the site. There are no communal facilities (other than the kitchen dining areas serving the cluster flats), but the development is on the doorstep of a wide range of community facilities. The lack of on-site provision of open space and community facilities is reflected in the open space and community facilities financial contributions to be secured through legal agreement.

Representations 8.21 The various objections to the application are addressed below • Lack of parking contrary to guidance: The proposals are policy compliant (see Transportation response) and in line with practice on other student housing proposals. • Increased waste likely to detract from appearance of area: Additional bin storage has been provided. Waste management has no objection subject to a refuse storage details condition.

39 • A 4 storey development would block light: The scale of the development is acceptable. The loss of daylighting to ground floor rear windows of no. 2 Cranbrook Street is dealt with above. • Increased vandalism, anti-social behaviour, rubbish and noise: The lifestyle of the future occupiers is not a planning consideration. SWP have made a number of recommendations regarding the security of the premises which have been forwarded to the developer. Waste management has no objection subject to a refuse storage details condition. Given the concentration of students in the vicinity it is not considered that the addition of 49 students will make a significant difference to current noise and activity levels. • Number of students/length of tenure/non-payment of council tax/construction traffic are not material planning considerations

8.22 Cllr. Pickard’s comments regarding parking provision are addressed in the Access and Parking part of the Analysis above and in the Transportation comments. A condition has been attached requesting details of cycle storage for 25 bikes and a financial contribution towards Transportation improvements secured through a legal agreement.

8.23 In relation to the location of the main entrance on Cranbrook Street this is close to the busier Salisbury Road junction and opposite a café. Given the concentration of students in the vicinity it is not considered that the addition of 49 students will make a significant difference to current noise and activity levels on this section of Cranbrook Street. The location of the main entrance is acceptable.

8.24 In regards to sustainability conditions have been attached requiring that the building achieves a BREEAM ‘Very Good’ rating.

9. CONCLUSION

9.1 The proposals provide much-needed purpose-built student accommodation in an appropriate location. The design responds well to its prominent corner site context and will be a welcome addition to the Salisbury Road streetscene after many years as a cleared site. The site is in a highly sustainable location and there is no policy requirement for parking. The proposals meet the Council’s policy and guidance and do not raise any land use, design, transportation or public safety/ amenity concerns.

9.2 The granting of planning permission is recommended subject to conditions being imposed, and a legal agreement that restricts the use to students only and secures a public open space financial contribution of £25,960, a community facilities financial contribution of £20,090, and a transportation financial contribution of £12,480.

40 41

AMENDED PLAN 11/01414/DCI 03.03.2011 42 43 LOCAL MEMBER OBJECTION

COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/01414/DCI APPLICATION DATE: 16/08/2011

ED: GABALFA

APP: TYPE: Full Planning Permission

APPLICANT: Cardiff University Estates Department LOCATION: LAND AT TALYBONT GATE, BEVAN PLACE, CARDIFF PROPOSAL: PROPOSED CONSTRUCTION OF NEW 179 BED, SEVEN STOREY STUDENT ACCOMMODATION ______

RECOMMENDATION 1: That subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in Section 9 of this report, planning permission be GRANTED subject to:

1. C01 Statutory Time Limit

2. This permission relates to the information supporting the application th contained in the Transportation Assessment received on 27 October 2011. Reason: This document supports the application.

3. No development shall take place until comprehensive proposals showing how foul and surface water flows from the site will be dealt with, have been submitted to and approved by the Planning Authority. Reason: To ensure for a sustainable drainage solution

4. C20 Architectural Detailing

5. The finishing of the elevations of the building, or any hard landscaped treatments shall not be undertaken until samples of the proposed materials have been submitted to/or made available on site for the inspection and subsequent written approval of the Local Planning Authority. The development shall thereafter be finished/landscaped in accordance with the approved details. Reason: To ensure that the finished appearance of the development is in keeping with the area.

44 6. The short term/operational parking spaces approved shall include for the provision of 1. no. disabled standard parking space and shall be provided before the development is put to beneficial use and thereafter retained. Reason: To ensure adequate facilities are available for disabled persons.

7. No development shall take place until a finalised soft landscaping scheme has been submitted to and approved in writing by the Local Planning Authority, the landscaping scheme shall include final details of the proposed coppicing of woodland/formation of an Ecotone, and perimeter landscaping to the business park. Reason: The submitted landscaping scheme is acceptable in principle, but such details have yet to be agreed.

8. C4J Retain Trees

9. C4U Protective Fencing of Trees

10. Prior to the commencement of development, a detailed scheme for the eradication of the identified Himalayan Balsam shall be submitted to and approved in writing by the local planning authority and shall thereafter be implemented in accordance with an agreed timetable. Reason: To ensure the safe destruction and prevention of spread of Invasive Plants.

11. No removal of trees, shrubs, bushes or hedgerows within the application site shall take place between 1st February and 15th August without prior written approval from the Local Planning Authority. Reason: To avoid disturbance to nesting birds.

12. No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purpose of monitoring gases generated on the site or land adjoining thereto and for any measures necessary to protect the development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall provide details of measures that are required to ensure the safe and inoffensive dispersal or management of gases and to prevent lateral migration of gases into or from land surrounding the application site. Gases includes landfill gases, vapours from contaminated land sites, and naturally occurring methane and carbon dioxide, but does not include radon gas.

All measures specified in the above scheme shall (unless otherwise agreed in writing) be undertaken and completed prior to any development commencing or in accordance with a timetable as shall

45 be previously agreed in writing with the Local Planning Authority and the measures shall be retained and maintained until such time as the Local Planning Authority agree in writing.

Reason: To ensure that the safety of future occupiers is not prejudiced.

13. No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purposes of identifying chemical and other contaminants on the site and to ensure that the land is suitable for the proposed development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall include details of any measures necessary to protect future occupiers/users of the land from chemical and other contaminants. All measures in the approved scheme shall be undertaken in accordance with a timetable which shall be agreed in writing with the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced.

14. Any topsoil [natural or manufactured],or subsoil, to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes.

Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the LPA.

Reason: To ensure that the safety of future occupiers is not prejudiced.

15. Any aggregate (other than virgin quarry stone) or recycled aggregate material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes.

Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported

46 aggregate is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the LPA.

Reason: To ensure that the safety of future occupiers is not prejudiced.

16. Construction of the building hereby permitted shall not begin until an interim certificate has been submitted to the Local Planning Authority by an accredited assessor certifying that a minimum Building Research Establishment Environmental Assessment Method [BREEAM] (or subsequent equivalent quality assured scheme) overall standard of ‘Very Good’ and the mandatory credits for Excellent under the energy design category Ene 1 – Reduction of C02 Emissions will be achieved for the building in accordance with the requirements of the latest BREEAM standard under which it is registered. Reason: to ensure that the development is constructed in accordance with national planning sustainable building standards.

17. Prior to the occupation of the building hereby permitted a post construction ‘final certificate’ shall be submitted to the Local Planning Authority by an accredited assessor certifying that a minimum Building Research Establishment Environmental Assessment Method [BREEAM] (or subsequent equivalent quality assured scheme) overall standard of ‘Very Good’ and the mandatory credits for Excellent under the energy design category Ene 1 – Reduction of C02 Emissions has been achieved for the building in accordance with the requirements of the latest BREEAM standard under which it was registered. Reason: to ensure that the development is constructed in accordance with national planning sustainable building standards.

18. The proposed car parking and manoeuvring areas shall be laid out in accordance with the approved details or other such details as may be submitted to and approved in writing by the Local Planning Authority before the development is brought into beneficial use and thereafter be so maintained and retained at all times for those purposes in association with the development. Reason: to make provision for the parking of vehicles clear of the roads so as not to prejudice the safety, convenience and free flow of traffic.

19. No development shall take place until details showing the provision of 90 No cycle parking spaces have been submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to the development being put into beneficial use. Thereafter the cycle parking spaces shall be retained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the sheltered and secure parking of cycles.

47 20. No development shall take place until details of a proposed signage strategy have been submitted to and approved in writing by the Local Planning Authority. These details to identify walking and cycling routes to destinations from the site including but not limited to the University Buildings, Students Union, City Centre, Bute Park, The Welsh Institute of Sport, Maindy Pool and Cathays Railway Station. The approved details shall be implemented in accordance with an agreed programme. Reason: To ensure that the use of the proposed development adequately caters for walking and cycling between the site and destination points.

21. No part of the development hereby permitted shall be occupied until a parking/traffic/resident/letting management plan similar to that adopted in connection with other student accommodation elsewhere in Cardiff has been adopted and implemented for the whole site. To include, but not limited to, the management of traffic at the start and end of term, the control of vehicular access to the site, the exclusion and control of student resident car parking within the site and surrounding area. Reason: in the interest of highway safety and to regulate the impact of the development on use of the adjacent highway.

22. Prior to commencement of development a scheme of construction management shall be submitted to and approved by the Local Planning Authority. This scheme shall include details of how the existing student accommodation will continue to operate whilst the construction is taking place, together with construction traffic routes, site hoardings, site access, parking of contractors vehicles and wheel washing facilities. The development construction shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety, public amenity and to avoid any conflict situations with students and/or staff/visitors on this site.

23. Prior to the commencement of development a comprehensive construction phasing plan shall be submitted to and agreed with the LPA. The phasing plan shall identify phases of construction of development and shall ensure safe and convenient pedestrian, cycle and vehicular access around and through those areas not under construction or where construction is complete. The development shall be carried out in accordance with the provision of the approved phasing plan or any variation thereof agreed in writing with the LPA. Reason: To ensure an orderly form of development and safe access through and within the site.

48 RECOMMENDATION 2: The applicant should note that a commercial contract for the collection and storage of all waste and recycling will be required. The applicant is advised that waste management is best achieved further to undertaking a waste audit in order to predict the storage capacity and determine storage and collection requirements and is encouraged to undertake such an audit.

RECOMMENDATION 3: That the applicant be advised that the contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

(i) determining the extent and effects of such constraints; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates/ soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under Section 33 of the Environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site;

• Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and (iii) the safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

RECOMMENDATION 4: South Wales Police advise that the development should be able to be constructed to Secured by Design standards and would welcome an application for such an award.

49 RECOMMENDATION 5: If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water's Network Development Consultants on Tel: 01443 331155.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 This application proposes the development of some 0.25h of land for 179 units of student accommodation, in a seven storey building (six storeys of accommodation + service overrun) to the western boundary of Cardiff University’s Tal y Bont campus; the site is located southwest of the University Sports Pitch at Bevan Road and SE of the Brickyard Business centre.

1.2 The building would be ‘L’ shaped, of light coloured brick over dark coloured brick plinth (to GF cill height) with timber cladding in the area of the entrance. The 6th storey would be set back from the main elevations, in a mixture of light and dark metal cladding. The small plant overrun above would be similarly metal clad.

1.3 The development would involve the removal of the existing overspill car park and a number of low quality trees. The site is currently used at the beginning and end of each term as occasional overspill car parking if required. The site is not marked out for parking, and the number of car parking permits issued by the University for Talybont North residents do not allow for any parking on the land.

1.4 The application submission includes a Transport Assessment; Ecological Assessment; Pre-development Tree Survey; Tree Constraints Plan; Arboricultural Method Statement; Landscape Scheme; Flood Consequences Assessment; Drainage Strategy Statement and Statutory Design and Access Statement.

1.5 The application has been screened with regard to the need for an Environmental Statement in accordance with the EIA Regulations and planning guidance. It is the opinion of the Local Planning Authority that in isolation, the proposal is not a Schedule 2 development and does not require the submission of a formal Environmental Statement as the development is not likely to be of more than local importance, the site is not in an environmentally sensitive area and the development is unlikely to have particularly complex and potentially hazardous environmental effects.

Cumulatively with other student accommodation in the immediate area (972+179 bedrooms), it could be argued that the development would exceed the 1000 dwelling threshold to be considered Schedule 2 development. However given the comprehensive nature of the supporting documentation and given context, it is concluded that a formal Environmental Statement would not assist the Local Planning authority in considering the environmental

50 implications of the proposal any further than the details and data already provided. The Local Authority conclude therefore that a formal environmental statement is not necessary in this instance.

2. DESCRIPTION OF SITE

2.1 Views into the site are extremely limited particularly from outside the university Campus, the closest public realm is the Taff trail which runs along the edge of the Pontcanna Fields to the Southwest of the site.

2.2 The only built feature on the site is the Gate House adjacent to the Campus gates.

The site is a relatively flat, predominantly tarmacadam overspill car parking area, to which access is generally restricted. It is adjacent to a number of existing 4 storey University accommodation blocks to the east, the Talybont sports ground to the northeast, and the Excelsior Road campus entrance to the south. The Brickyard business park is located to the northwest (part of Cardiff’s Excelsior Industrial and Retail Estate).

2.3 The northern and eastern boundaries with the Brickyard business park are enclosed with 2m high GMS palisade fencing. This fencing also extends along the Southern boundary of the site with Excelsior Road up to the existing Campus Entrance gates.

2.4 The western boundary of the site which is within the University Campus is open. Part of the northern section of the site is populated with low value trees. (self seeded sycamore and ash). A Welsh Water pumping station is located to the North of these trees but this is outside of the application site.

3. SITE HISTORY

3.1 96/871/C Planning permission for the erection of industrial unit for storage plus access roads and 2 no. car parks to Tal-y-bont sports facilities Granted February 1998

Not implemented/completed

Related Site History

3.2 92/1798/C Planning permission for 2 blocks of student accommodation Granted January 1993. (These are the nearest blocks of student accommodation to the application site, constructed post development of the main body of accommodation paralleling North Road.

51 4. POLICY FRAMEWORK

4.1 Planning Policy Wales

4.2 Planning Policy Wales Technical Advice Notes TAN 11: Noise TAN 12: Design TAN 18: Transport TAN 21: Waste TAN 22: Planning for Sustainable Buildings

4.3 Adopted City of Cardiff Local Plan (January 1996): 10: Contaminated or unstable land 11: Design and aesthetic quality 12: Energy efficient design 17: Parking and servicing 18: Provision for cyclists 19: Provision for pedestrians 20: Provision for special needs groups

4.4 Deposit Cardiff Unitary Development Plan (October 2003): 2.20: Good Design 2.55: Public Realm Improvements 2.57: Access, circulation and parking requirements 2.74: Provision for waste management facilities in development

4.5 Supplementary Planning Guidance

Developer Contributions for Transport (Jan 2010) Waste Collection and Storage, March 2007 Trees and Development, March 2007 Open Space Section 106 Baseline Contribution Figures (May 2011) Tall Buildings Design Guide (April 2009) Access, Circulation and Parking Requirements, June 2010 ‘Safeguarding Land for Business and Industry’ (June 2006). Community Facilities and Residential Development (Mar 2007) Biodiversity (June 2011)

5. INTERNAL CONSULTEE RESPONSES

5.1 Transportation

(i) Transport Assessment - A Transport Assessment (TA) was submitted in support of the above application which demonstrates that in terms of vehicle trips there would be no significant impact during week days and term times especially during peak hours. The TA has been independently audited by

52 Laurence Rae Associates which reaches a similar conclusion. However, the analysis of cycle and pedestrian access is limited and the TA does not put forward any mitigation measures in this respect. Council officers have identified areas where improvements should be directed in order that more sustainable modes of travel are preferred by all students on this site. In addition, it is considered that a signage strategy be developed for the whole Talybont site in order that walking and cycling routes to destinations are clearly identified;

(ii) Car Parking - it is noted that 7No car parking spaces are proposed for operational use which is compliant with the minimum requirements as set out in the the Councils SPG - Access, Circulation & Parking Standards - Jan '10 . It is requested that further details be provided with regard to how these spaces will be used during term time;

(iii) Cycle Parking - it is noted that 90 No cycle spaces are proposed which are located close to the accommodation blocks and are to be sheltered and secure - this is welcomed;

(iv) Travel Plan - It is recommended that the submitted Travel Plan (TP) be progressed and include the attached comments. It is important that the Travel Plan be properly linked to and be consistent with those provisions set out by the University. In order to ensure the progression and implementation of the TP an obligation is included below.

On the basis of the above, I can therefore confirm that Transportation would have no objection to the principle of the above application, subject to the following conditions and S106 matters being included. Retention of parking; cycle parking; signage strategy; student traffic management plan, construction management plan; phasing plan; together with the submission of a Travel Plan and financial contribution of £36,920.00 for improvements to North Road / Colum Road / Parkfield Place junctions.

5.2 Pollution Control

Noise Comments ; No comments

Air Pollution : No comments

Contaminated Land :

The site has been identified as a former wire rope works. Activities associated with this use may have caused the land to become contaminated. In addition, former landfill sites have been identified within 250m of the proposed development. Such sites are associated with the generation of landfill gases, within subsurface materials, which have the potential to migrate to other

53 sites. These former associations may give rise to potential risks to human health and the environment for the proposed end use.

Therefore conditions appertaining to ground gas protection; contaminated land measures; and imported soils and aggregates are recommended; as is a contaminated land advisory notice.

Highways (Drainage).

The site of the proposed student block appears to be completely hard surfaced although I note that post development the impermeable area will be reduced.

I also note the applicants comment that ground contamination in the area rules out the use of soakaway drainage and his proposal to consider the use of rainwater harvesting and possibly underground attenuation tanks.

The existing site drains via an existing private drainage system to the nearby Main River (Taff) and the post development site will continue to do so.

The Environment Agency should be consulted regarding any flow restrictions (and the submitted FCA) that they may require as the receiving Main River lies within their jurisdiction.

Council records indicate that a Public Sewer crosses the site and the applicant is already aware of this.

In the light of the above and in order to ensure an orderly development I request that the following condition be added to any planning consent granted

'' No development shall take place until comprehensive proposals showing how foul and surface water flows from the site will be dealt with, have been submitted to and approved by the Planning Authority in consultation with Dwr Cymru Welsh Water and the Environment Agency. "

Details of this application should be forwarded to Dwr Cymru Welsh Water Network Development Consultants for comment and consideration of the applicant's proposal to discharge foul flows from the completed development , either directly or indirectly, to the local public sewer system.

Highways (Waste)

The bin storage area indicated within current site plans is acceptable; and refuse storage, once implemented, must be retained for future use.

54 However, it is recommended that for a development of this size and nature, an in depth waste strategy should be produced detailing anticipated volumes of waste and the segregation of materials for recycling.

Bulk containers must be provided by the developer/other appropriate agent, to the Councils’ specification (steel containers are required where capacity exceeds 240 litres) as determined by S46 of the Environment Protection Act 1990 and can be purchased directly from the Council. Please contact the Waste Management’s commercial department for further information on 02920 717504.

The applicant is also advised that if the Council are to service the site, the Council’s Waste Management operatives will not carry keys or access codes for bin storage areas; so waste must either be presented at the entrance to the development for collection, or the access gates to the site must be left open; and that access paths to the kerbside for collection should be at least 1.5 metres wide, clear of obstruction, of a smooth surface with no steps. Dropped kerbs should also be provided to ensure safe handling of bulk bins to the collection vehicle.

Culture Leisure and Parks

The proposed development is subject to Policy 31 of the Local Plan (Provision of open space on new residential developments).

As no recreation space is being provided on-site the developers will be required to make a financial contribution towards the provision of open space off-site or the improvement (including design and maintenance) of existing open space in the locality.

Utilising the residential information forwarded to me I calculate the contribution to be in the sum of £94,835. This is based on 179 student bedrooms.

In the event that the Council’s minded to approve the application, I assume it will be necessary for the applicant and the Council to enter into a Section 106 Agreement to secure payment of the contribution.

The use of the contribution will be determined in accordance with the approved procedure which requires consultation with yourself (the LPA) and Members.

55 6. EXTERNAL CONSULTEE RESPONSES

6.1 South Wales Police

South Wales Police have no objections to this application and can confirm that pre-application discussions have taken place and police recommendations have been reflected in the Design and Access statement.

There is no reason why, if the development is built according to application that Secure By Design would not be achieved.

6.2 Environment Agency

The application site lies partially within Zone C1, as defined by the Development Advice Map (DAM) referred to under Technical Advice Note 15: Development and Flood Risk (TAN15) (July 2004). Our Flood Map information, which is updated on a quarterly basis, confirms the site to be within the 0.1% (1 in 1000 year) annual probability fluvial flood outlines of the River Taff, which is a designated main river. Our records show that the proposed site has also previously flooded from the River Taff.

The planning application proposes highly vulnerable development on previously developed land within a flood risk area. Section 6 of TAN15 requires your Authority to determine whether the development at this location is justified. We refer you to TAN15 for these considerations. I refer you in particular to the justification tests at section 6.2.

In our response to a pre-planning enquiry by RVW Consulting dated 27 April 2011 (our ref: SE/2011/113960/01-L01) we advised that the applicant needed to demonstrate, through submission of a Flood Consequences Assessment (FCA), that the consequences of flooding can be managed over the lifetime of the development. The purpose of the FCA is to ensure that all parties, including your Authority, are aware of the risks to and from the development, and ensure that if practicable, appropriate controls can be incorporated in a planning permission to manage the risks and consequences of flooding.

We note that an FCA produced by RVW Consulting, dated July 2011, was submitted in support of the above application, which states that:

• The site is flood free for the 1% (1 in 100 year) annual probability fluvial flood event with an allowance for climate change. • The site is affected by the 1% (1 in 1000 year) annual probability fluvial flood event but only to a depth of 10mm. This is within the allowable depth of 600 mm as stated in section A1.15 of Tan 15 for such a development.

Based on the conclusions of the FCA above, we do not have any adverse

56 comments to make regarding this application, however as it is for your Authority to determine whether the risks and consequences of flooding can be managed in accordance with TAN15, we recommend that you consider consulting other professional advisors on the acceptability of the developer’s proposals, on matters that we cannot advise you on such as emergency plans, procedures and measures to address structural damage that may result from flooding. We refer you to the above information and the FCA to aid these considerations.

Please note, we do not normally comment on or approve the adequacy of flood emergency response and procedures accompanying development proposals, as we do not carry out these roles during a flood. Our involvement during a flood emergency would be limited to delivering flood warnings to occupants/users.

6.3 Glamorgan and Gwent Archaeological Trust

The information held in the Historic Environment Record that is curated by this Division of this Trust indicates there are no recorded archaeological features within the application area. The Glamorganshire canal is thought to have run to the south of the site, however it is considered unlikely that archaeological features associated with this would be disturbed by the proposed development. The area is situated opposite Pontcanna and Llandaff Fields which are included in the Register of Parks and Gardens of Special Historic Interest in Wales, Glamorgan volume where they are graded level II*. Pontcanna and Llandaff Fields are earliest public parks to be built in Wales and together Sophia Gardens, form a vast open space in the centre of Cardiff. However considerable alterations have been made to the original design of the parks. It is nevertheless necessary to consider the impact of the proposed developments on these aspects of the historic park. The proposed student accommodation will have a minimal overall visual impact due to the proposed developments relative size in comparison to nearby buildings and the presence of existing mature landscaping surrounding the development area allowing only fragmented views into the site. As such it is our opinion that the proposed building is acceptable.

We hold no archaeological objections to the positive determination of this planning application. Thank you for the opportunity to comment. Should you require further information, please contact us.

7. REPRESENTATIONS

7.1 Local members and neighbours have been notified. The application has been advertised on site and in the press.

57 7.2 Cllr. Bridges and Gareth Holden have submitted an objection on behalf of the Gabalfa Liberal Democrat Focus Team. The Focus Team object to the application, indicating that they have spoken extensively with local residents, and it is very clear that the local community strongly object to the proposed development of 179 student flats on the site. The objections raised with us can be summarised as follows:

1) Over-development of site. The suggestion of a seven-storey block on the Talybont Gate site strikes us wholly inappropriate. None of the surrounding buildings are taller than three storeys, and the proposed building would tower over everything else in the area. Not only do we have concern over the privacy of existing neighbours (see point 3 below), we also consider this to be an overly-intensive use of the site and a clear example of over-development. We would also question whether the proposed building would contravene elements of Cardiff Council’s Supplementary Planning Guidance on tall buildings. The unit would clearly fulfil the criteria of a tall building, as it is more than double the height of the surrounding units. As such, we would question whether the development of a tall building at this location is appropriate, given:

a) It would not be within easy walking distance of a public transport hub. b) It would not constitute a positive feature in the city skyline, and nor would it mark or draw attention to locations of civic or visual importance. We would argue that these points alone warrant refusal of planning consent.

2) Parking. The applicant has not suggested the inclusion of any additional on-site parking spaces as an appropriate level of parking provision. We have severe reservations about this proposal. There are countless examples of parking congestion locally caused by new student halls having insufficient on-site parking; for example, at halls on Maindy Road in Cathays and Clodien Avenue in Gabalfa – as well as the streets around Talybont itself (eg, Cross Place and Herbert Street). Indeed, Cardiff Council know that current measures used to mitigate the parking impact of student halls are seriously flawed. In 2008, Cardiff Council sought legal opinion of the viability of the “3km parking rule” from Emyr Gweirydd Jones, Barrister with the Park Place Chambers in Cardiff1. In his advice, he made the following statements:

“…the Council cannot take any direct action against any of the students who are guilty of parking in nearby streets” (paragraph 4)

58 “It seems to me that it is almost inconceivable that a court would grant an outright possession order as a result of breaches of a parking prohibition” (paragraph 11)

“There is no doubt that… the literal terms of the tenancy cannot be enforced” (paragraph 11)

Our question is a simple one – if the Council know that student halls cause parking congestion on local streets, and that there are no measures available to mitigate against the problem, is it sensible to allow further halls to be built without the provision of spaces for those tenants? We believe the answer is ‘no’, and that the Planning Committee will be guilty of a dereliction of duty if they allow a development of this nature to proceed without insisting on a greater provision of on-site parking.

3) Inadequate consultation. It is striking that Cardiff University chose to lodge the application at a time when the adjacent residential units (Houses S and T of Talybont North) are vacant. The closing date for the submission of comments during the statutory consultation period is 22nd September – meaning that no tenant of the Talybont site has a realistic chance of being able to engage with the process. We would argue that this has disenfranchised the tenants of the Talybont site, and that there should be a further period of consultation prior to any decision in this matter.

4) Invasion of privacy. We believe that the seven-storey block will overlook adjacent dwellings and businesses to an unacceptable degree, and that the height of the new halls are inappropriate for this reason. Again, to refer to the SPG on tall buildings, we would suggest that the seven-storey block would “overshadow or overlook adjacent properties to the significant detriment of the amenity of neighbouring occupiers”, and that this is a strong reason for the refusal of planning permission.

8. ANALYSIS

8.1 Land use

The site is identified as Business, Industry and Warehousing on the Local Plan Proposals Map, to which Local Plan policies 36, 37 and 39 apply.

The land has no specific policy provision on the Unitary Development Plan Proposals Map.

59 As the application site falls within an existing area of business, industrial and warehousing land, as defined by the City of Cardiff Local Plan, student accommodation, as an alternative use of such land, should be assessed against:

• Policy E3 of the South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011; • Policy 36 of the Local Plan; • Supplementary planning guidance on ‘Safeguarding Land for Business and Industry’ (June 2006).

Policy 36 requires proposals for alternative uses to be assessed against the demand for, and need to preserve, a range, choice and quality of sites for employment uses.

The site currently accommodates an overflow car park within the University Talybont Campus, adjacent to, but fenced off from, the Brickyard Business Park to the north. The use of the site as a surface level car park means that, as the site is not currently in business or industrial use, it would be unreasonable to sustain an argument that there was a need to retain the site for business use.

The use of this site for another student hall of residence would be an incremental additional to overall student accommodation numbers at the Talybont Campus which would help somewhat in relieving pressure on student demand for traditional terraced housing in nearby popular student areas (Gabalfa/ Roath/ Cathays). Because the site is isolated from existing housing there is unlikely to be any adverse impact on existing residents.

Taking these factors into account, the application raises no significant land use policy concerns.

8.2 Design

Layout

The proposed layout with an L shaped building positioned to the right angled corner of the northern part of the site allows for the provision of some landscaped setting to the building, cycle parking, car parking, a legible central entrance, the retention of some trees and avoids a sewer and related easement. In summary it provides a development which utilises the opportunities of the site to their best advantage as well as minimising the impact of the site constraints.

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Externals

The use of a light coloured brick over dark coloured brick plinth is considered a robust and practical finish to the building which will require little future maintenance and which will be sympathetic to existing student accommodation nearby. There is no intent to make the building obvious in its context, rather to blend in with its surroundings. Architectural interest is achieved by the use of timber cladding relief detailing, and metal cladding to the upper storeys to finish the development. Such architectural interest is also afforded by the design concept of realising various planes to the building elevations as described below.

Internals

Internally each floor is accessed by a lift and central stair core. The student accommodation is based on varying numbers of en-suite bedroom units (5,6, or 7) and a communal kitchen/lounge area served off a small corridor, called cluster units. There are five such units per floor on the first 5 floors of the building. The sixth floor accommodates two cluster units of 9 and 10 beds respectively and are afforded proportionately large shared spaces.

Scale and massing

8.3 Although the building will realise more floor levels than adjacent accommodation, this 6 / 7 storey building will be no higher in terms of relative height due to local topography / lower ground levels in the immediate area.

The perception of overall massing is also lessened by means of the façade treatments and relief detailing which allow the building to be appreciated in distinct planes and breaks.

The sixth floor is also set back sufficiently / finished differently to make it distinct from lower levels and the small service overrun completes the development against the skyline.

This is well considered in design terms.

8.4 Overshadowing

The building would overshadow immediately adjacent units located in the Brickworks business park to the north and west but these units are both secure units with few/no window openings or glazed frontages facing the site. Given their commercial nature, this is considered acceptable.

61 The nearest residentially occupied building would be one of the existing student accommodation blocks located approximately 33m to the east. It is unlikely that this building would be affected by any shadow fall from the building.

8.5 Tall Buildings SPG

Buildings are generally considered tall buildings if they are 8 stories or over, or significantly higher than surrounding buildings. This is not considered to be the case in this particular circumstance.

This is addressed further below (8.19).

8.6 Energy Efficiency/Sustainability

The BREEAM pre-assessment documentation suggests that the building has the potential to achieve a rating of “Excellent”, i.e. above the statutory requirement of “Very good” and this is welcomed.

8.7 Public Realm.

The land is in effect part of a private residential estate, and the immediate ‘public’ realm will be improved by means of incorporated landscaping and surface finishes. These are not however intended to be used as public highway, only by residents of the dwellings and their visitors.

As indicated in the submitted Transport Assessment, there is at present is a discontinuity in footway provision along the site’s frontage which will be addressed the development. This is considered appropriate.

8.8 Community Facilities

Supplementary Planning Guidance (SPG) on Community Facilities and Residential Development states that ‘the Council will seek a financial contribution for improvements to existing community facilities or the provision of additional community facilities on all significant developments where the increased population will result in increased demand for local facilities.

If no onsite provision is proposed, a financial contribution is sought on residential developments containing 25 or more new dwellings including student accommodation.

It is accepted that the University do provide recreational and amenity facilities as part of their offer, but as there are no new onsite facilities provided in the proposed student accommodation, there will likely be a demand on existing

62 Local Authority facilities also, Most Likely, Maindy Pool and Leisure centre. As this is the case an off site contribution is requested.

Based on the information given and contribution of £410 per person the Local Authority would request a contribution of £73,390.

This is calculated on the following basis:

179 one bedroom student accommodations: (£410pp) 410 x 179 = £73,390

The applicant has been advised of this and also that the request is considered to meet statutory tests appertaining to contributions (Longstanding but now commonly referred to as CIL tests) . Any response will be reported at committee.

8.9 Open Space

The proposed development is subject to Policy 31 of the Local Plan (Provision of open space on new residential developments).

As no recreation space is being provided on-site the Culture, Leisure and Parks Officer’s request for a contribution in lieu of public open space provision is considered reasonable and justifiable for the improvement (including design and maintenance) of existing open space in the locality.

Utilising the residential information forwarded the contribution of £94,835. is concurred with.

The applicant has been advised of this request and appropriateness under the CIL Tests, any response will be reported at Committee.

The use of the contribution will be determined in accordance with the approved procedure which requires consultation between the requesting officer/ LPA and Members.

8.10 Access, circulation and parking requirements

The site is located in the geographical centre of the city with excellent pedestrian, cycle, and public transport links. It is adjacent to the Taff Trail and a short distance from North Road (A primary bus route).

However because of the number of additional students located at the new hall, the Transportation Officer’s observations are concurred with in that some compensatory mitigating measures will be required for the maintenance and improvement of such services/facilities which will be impacted upon by the increased student populous.

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8.11 Access

The existing Talybont North campus is accessed by vehicles from two points namely: i) Excelsior Drive which leads onto the wider highway network at the traffic signalised junction of A48 Western Avenue, and Excelsior Road,

and

ii) Parkfield Place which leads onto the wider highway network at the traffic signalised junction of the A470 North Road and Parkfield Place.

Students at the beginning and end of term and throughout their residency are directed to the Excelsior Road access. Due to the one way working of the internal highway network at Talybont North, the main car park is most readily accessed via Excelsior Road. Staff access the site also via Excelsior Road particularly at the beginning and end of a day. There is some access and egress allowed for staff via Parkfield Place but this is controlled with an electronically operated gate.

Pedestrian and cycle access is gained to the north towards Excelsior Road for shopping and leisure opportunities, to the east via Parkfield Place to North Road for shopping, and leisure opportunities, and for access to public transport services both towards the City Centre, and away from the City Centre, and to the south to North Road to the south of Talybont Court routing through Talybont South, and Talybont Court.

The site is within an easy walk of the main University campus at Park Place being within an approximate 30 minute walk.

8.12 Parking / Vehicle Storage

Currently, there are a total of 972 students resident at Talybont North. There are a total of 209 spaces for student car parking with permits, and for sports facilities use during the day. In addition, there are 19 spaces for staff use only, and a further 19 spaces for sports officials and players. As such the parking provision equates to 21.5% of student numbers.

It should be noted that only Talybont North residents are permitted to apply for a parking permit at Talybont North, and it is anticipated that this policy would extend to the proposed Talybont Gate as well.

Parking permits are issued to those with disabilities, and to all others on a first come first served basis. there is no intention co change any of the above arrangements.

64

In itself, the development provides for 90 Cycle parking spaces (this is actually double the adopted standard), and 7 short term/operational Car parking spaces. The limited Car parking provision accords with the Council’s sustainable transport agenda in encouraging alternative more sustainable modes over that of the Car; and with the Councils adopted operational space ratio of 1 space per 25 bedrooms. (179 ÷ 25 = 7).

8.13 Special needs access

No designated disabled space is indicated on the submitted layout. (I.e. for disabled relatives who may be visiting able bodied students in the halls who would wish to park close to the building; but this can be required by planning condition.

The bed spaces are not in themselves designed to accommodate disabled users, as the University provides such specialist accommodation elsewhere on its campus. As the halls are not a public building there is no requirement for them to offer such accommodation and the measures which are detailed in the application for supporting those with more special access needs are considered acceptable. As a new build, the building would be an accessible building with level access, and the provision of an accessible toilet facility on ground floor level is noted and welcomed.

8.14 Transportation Officer’s Comments

The Transportation Officer’s request for conditions relating to the finalisation of details / implementation of transportation related works are accepted; as are the officer’s requirements for a Travel Plan to promote sustainable journeys and a commuted payment of £36,920 (inc. 4%) RPI for improvements to North Road / Colum Road and Parkfield Place junctions.

8.15 Trees

The submitted arboricultural reports confirm that the site contains 4 individual trees, (ash, alder, sycamore) one small group, and an area of woodland. All individual tress were categorised as category C (fair to poor condition and of low value) as was the group. None of the trees were considered arboriculturally important.

The woodland area was found to be young woodland in poor condition with Ivy and Bramble ground flora, but may offer some bio-diversity value in respect of deadwood if coppiced to promote regeneration.

The proposal is therefore to remove the poor quality trees and replace them with managed mitigatory planting of new (six specimens to be agreed) and to

65 to manage the woodland in the area of the site by coppicing or establishment of an ‘ecotone’ – ( herbaceous plants grading into shrubs and woodland trees) as favoured by the local authority trees officer.

A final landscape scheme can be achieved by means of planning condition.

8.16 Ecology

In summary the ecology report submitted with the application recorded no evidence of bats, some potential evidence of foxes, no bird nesting activity or amphibians. The site contained vegetation typical of unmanaged land and did contain some Himalayan Balsam which will need to be eradicated as an alien invasive species.

The Council’s ecologist recommends that trees are felled or managed outside the bird nesting season; and requests a planning condition to achieve this. None of the trees on the site are protected by a TPO and the site is not within a conservation area.

8.17 Contaminated or unstable land

The comments of the Pollution Control officer are noted as is the former use of the land. There would not appear to be any reason that, subject to mitigation, the site is not capable of being developed for the intended purpose.

8.18 Provision for waste management facilities in development

The comments of the Waste Management are noted and the applicant is encouraged to undertake a waste management audit. The details of the waste storage area are considered acceptable and the collection of waste by a registered carrier will be the applicant’s responsibility.

8.19 Flooding

The comments of the Environment Agency are noted.

The application site lies partially within Zone C1, as defined by the Development Advice Map (DAM) referred to under Technical Advice Note 15: Development and Flood Risk (TAN15)

As such it is the responsibility of the local planning authority to consider whether the development is justifiable when tested against the criteria presented in TAN 15. (In effect a consideration of the likely implications of the proposal on human health and in respect of the potential for damage to property as might result from an extreme flooding event.

66

The applicant has commissioned and submitted a flood consequences assessment which suggests that site is flood free for the 1% (1 in 100 year) annual probability of a fluvial flood event, including allowance for climate change; and also that the site would only be affected to a depth of 10mm in the circumstance of a (1 in 1000 year) annual probability fluvial flood which is well within the ‘allowable’ depth of 600 mm as stated in section A1.15 of Tan 15 for such a development.

On this basis the Applicant is aware of the potential risk to property and the risk to human health considered negligible and neither sufficient to warrant resisting the approval of planning permission.

8.20 Representations

Objections to the proposal are noted and responded to here.

Over-development of site.

The accommodation proposal equates to a ratio of 516 bed spaces per hectare. In comparison recent schemes have achieved:

• Fire Station - 934 beds per hectare • Pellett Street - 2296 beds per hectare • Pendyris Street - 982 beds per hectare • Severn Point - 758 beds per hectare • Maindy Road - 698 beds per hectare

and the proposed density is not considered excessive or an overdevelopment in comparison.

It is suggested that a seven storey building would tower over everything else in the area. This is factually incorrect as the relative height of the building is no taller than the four storey student blocks adjacent due to differences in ground level.

The proposed halls would be 15m to 5 storey level, 17.3m to 6th storey, and 20.2m to the top of the rooftop service overrun, all measured from a ground level of 13.2m A.O.D.

In comparison, the adjacent building has a ridge height of some 13m, when measured from a ground level of 16.4m A.O.D.

Thus, the proposed building is relatively, (as indicated in the submitted site section) only 1.1m different in height to the nearest student block. The same

67 height as the next student block along, and lower than the 3rd student block to the south.

Overly-intensive use of the site.

The site is an overspill parking area at present which is controlled by the university. The Transport assessment indicates that on mid week survey, that the site was unused, and is generally only used for overspill parking purposes at the start and end of term. Its former allocated use for business use indicates the suitability of the site for development and it would appear from the submitted supporting documentation and technical responses that the site is capable of accommodating the proposed development without adverse environmental or amenity implications.

Tall Buildings Policy

The Council’s statement on tall buildings clarifies that buildings are generally considered to be tall buildings where they are over 8 storeys in height or significantly larger than adjacent premises. This is not the case, as indicated above. The building would therefore not have a significant impact on the city skyline as it would be obscured by buildings of similar height to the east, by the taller woodland landscaping of Llandaff/Pontcanna fields to the west and be some 400m away from residential properties to the north, across the busy Western Avenue / 200m away from the rear boundaries of properties in Mynachdy Road which are also separated from it by a railway line.

Parking.

During term time, students will likely be travelling to the City Centre from this accommodation.

In this respect, the most convenient form of movement would be to utilise the public bus service running along North Road; to cycle, or walk, and the applicant’s proposal to provide only a limited amount of operational/short term on site parking would both encourage this and accord with both local and national agendas to reduce dependency on the car by reducing its ease of use, and promoting more sustainable alternatives.

Inadequate consultation.

Neighbouring properties and local members have been written to, and the application reported in the local press. .All representations received before the 4th November 2011 have been reported and considered within this report. Additional representations made in the period up until the consideration of the report by planning committee will be reported as late representations (either

68 written where it is reasonably practical to do so or verbally). This is considered more than adequate.

Invasion of privacy.

We believe that the seven-storey block will overlook adjacent dwellings and businesses to an unacceptable degree,

The building would be some 25m minimum distance from the nearest adjacent block of student accommodation at Talybont north, and at an oblique angle that block. Additionally there are no habitable (bedroom) windows overlooking that development as the internal layout presents the communal kitchen areas/end of corridor windows to that elevation. Windows facing NW would overlook the central parking area of the Brick Yard Business Park at a distance of some 45m to the face of the opposite units. This is considered more than adequate.

9. SECTION 106 CONTRIBUTIONS

In summary the following S106 contributions are considered reasonable and necessary and proportionate in respect of achieving a positive recommendation to Grant Planning Permission for the development proposed:

Payment in lieu of open space provision : £ 94,835. 00 Community facilities £ 73,390. 00 Transportation Improvements: £/Works £ 36,920. 00

together with the binding undertaking of the applicant that the accommodation shall only be used for the purposes described in the application (i.e. restricting occupancy of the residences to students) and the submission/approval of a Travel Plan which shall set out proposals and targets, together with a timetable to limit or reduce the number of single occupancy car journeys to the site, and to promote travel by sustainable modes. The Travel Plan shall be implemented in accordance with the timetable set out in the plan, unless otherwise agreed in writing with the LPA. Reports demonstrating progress in promoting the sustainable transport measures detailed in the Travel Plan shall be submitted annually to the LPA, commencing from the first anniversary of beneficial occupation of the development. Reason: To accord with the Council's Access, Circulation and Parking Standards SPG.

10. RECOMMENDATION

That, subject to the applicant entering into a binding agreement with the Council under S106 of the Planning Act, to secure the contributions/works indicated in Section 9 of this report, planning permission be granted subject to conditions.

69 70 Notes Original Size This drawing is to be read in conjunction with all relevant architects, engineers and specialists drawings and specifications Do not scale this drawing. All dimensions in millimetres unless noted otherwise. All levels in metres unless noted otherwise. All dimensions must be checked/ verified on site. In case of doubt or discrepancies please refer to rio architects for instructions.

No. Description Date

Drawing Status

architects

Y Stiwdio, 21a Allensbank Road, Cardiff, CF14 3PN Tel. 44 (0) 2920 250066 Web. www.rioarchitects.com Email. [email protected]

Client:

.

Project Name: Talybont Gate Student Accommodation

Drawing Title: . Isometric Visualisations

Scale: Drawn By: CW Checked By: AB Drawn Date: 19/05/2011 Checked Date:.

Rio Job No: 0204 Drawing No: AV 01 Rev: 02/08/2011 10:52:26 71 72 MEMBER REPRESENTATION

COMMITTEE DATE: 12/10/2011

APPLICATION No. 11/1479/DCI APPLICATION DATE: 25/08/2011

ED: RIVERSIDE

APP: TYPE: Full Planning Permission

APPLICANT: Mr Geoff Whitepark LOCATION: PUBLIC CONVENIENCES, DENBIGH STREET, PONTCANNA, CARDIFF. PROPOSAL: PROPOSED CHANGE OF USE FROM EXISTING PUBLIC CONVENIENCE TO A CAFE STYLE KIOSK (CLASS A3 USE) AND EXTERNAL ALTERATIONS + SEATING ______

RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. The consent relates to the application as amended by the revised plans received on 14/10/2011, attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

3. This consent relates to the application as supplemented by the information contained in the letter from the agent dated 14/10/2011 and 12/10/201. Reason: The information provided forms part of the application.

4. The premises shall be used for the purpose specified in the application and for no other purpose (including any other purpose in Class A1 and Class A3 of the schedule to the Town and Country Planning (Use Classes) Order 1987 or in any provision equivalent to that Class in any statutory instrument amending, revoking or re-enacting that Order). Reason: Permission is granted only because of the characteristics peculiar to this proposal. Other uses within Class A1 and Class A3, could prejudice the amenities of the area.

5. The toilets shall be open to all members of the public and not just for customers of the café during the hours the cafe is open. Reason: To ensure the development accords with the submitted details and in the interests of public amenity.

6. The toilet facilities shall be provided in accordance with the approved plans prior to the beneficial use of the cafe hereby approved and thereafter retained and maintained in operating order.

73 Reason: To ensure the development accords with the submitted details and in the interests of public amenity.

7. No member of the public shall be admitted to or allowed to remain on the premises between the hours of 20:30 and 07:30hrs on any day. The external seating areas shall not be set up or used before 08:00hrs and shall be closed and cleared away by 20:00hrs each day. Reason: To ensure the amenity of occupiers of other premises in the vicinity are protected.

8. There shall be no arrival, departure, loading or unloading of vehicles between the hours of 18:00 – 08:00hrs Monday to Saturday and 18:00 to 10:00hrs on Sundays and Public Holidays. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

9. H7G Plant Noise

10. F7Q Kitchen Extraction

11. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (or any Order amending or revoking and re- enacting that Order), the sale of hot food for consumption off the premises shall be limited to hot pannini and rolls/ sandwiches/ baguettes, toast, soups and jacket potatoes only, unless otherwise agreed in writing by the Local Planning Authority. Reason: To ensure that the use of the premises does not prejudice the amenities of the area or the safety, convenience and free flow of traffic.

12. No equipment, plant or materials shall be brought onto the site for the purpose of development until retained trees on and adjacent to the site and specified on a submitted plan have been protected.

Unless otherwise agreed in writing by the Local Planning Authority, protection shall be maintained throughout development until all site operations are complete and shall comprise barriers of weld-mesh barriers firmly fixed to a braced scaffolding framework, conforming to the current British Standard for trees in relation to construction and located no more than 2m from the outer edge of boundary fencing or the proposed building line.

No materials, plant, equipment or waste relating to the development shall be placed, deposited or operated within the protected area. No concrete mixings, fuels or other contaminants shall be discharged where they can detrimentally affect retained trees on or adjacent to the site and fires may not be lit in a position where their flames can extend to within 5m of any part of a retained tree on or adjacent to the site.

Reason: To protect trees of amenity value that might be damaged by building works or related operations.

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13. C4K Tree Work to BS 3998

14. C4P Landscaping Design & Implementation Pro

14. C4R Landscaping Implementation

16. This permission shall not extend to the 4 no cycle stands (8 spaces) shown on drawing no 2011.28.03B. No development shall take place until details showing the provision of a minimum of 6 cycle parking spaces have been submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to the development being put into beneficial use. Thereafter, the cycle parking spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the secure parking of cycles in a location that does not conflict with other users.

17. The extent of the area to be used for outdoor seating for the café shall be restricted to the external seating area shown on drawing number 2011.28.03B. Reason: To ensure that the amenities of the area are protected.

18. The tables and chairs used in the external seating area shown on drawing number 2011.28.03B shall be stored within the building when the café is closed. Reason: To ensure that the amenities of the area are protected, and to prevent crime and disorder problems.

19. No development shall take place until details of the means of enclosure of the outdoor seating area have been submitted to and approved in writing by the Local Planning Authority. The means of site enclosure shall be constructed in accordance with the approved details prior to the development being put into beneficial use and shall be thereafter maintained. Reason: To ensure that the amenities of the area are protected.

20. The surface of the external seating area shall be fully water permeable and gas pervious, and shall be constructed and finished in accordance with a schedule of materials and finishes which shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. Reason: To ensure that the amenities of the area and trees are protected.

21. No development shall take place until samples showing the colour of the surface of the external seating area and the graffiti resistant paint 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.

75 Reason: To ensure that the amenities of the area are protected.

22. No development shall take place until a lighting schedule has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and shall be maintained thereafter. Reason: To ensure that the amenities of the area are protected, and to prevent crime and disorder problems.

23. Before the development hereby approved is brought into use the developer shall install a grease trap to prevent entry into the public sewerage system of matter likely to interfere with the free flow of the sewer contents, or which would prejudicially affect the treatment and disposal of such contents. Thereafter the trap shall not be removed unless otherwise agreed in writing by the Local Planning Authority. Reason: To protect the integrity of the public sewer and avoid damage thereto.

RECOMMENDATION 2: The applicant is advised that this permission does not extend to the advertisements shown on the submitted plans. A separate application under the Town and Country Planning (Control of Advertisement Regulations) 1989 may be required for their display.

RECOMMENDATION 3: Any pruning work which needs to be undertaken should be agreed with Parks prior to it proceeding.

RECOMMENDATION 4: If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water’s Network Developer Services on 0800 917 2652

RECOMMENDATION 5: That the applicant be advised that by law (Environmental Protection Act 1990, section 47) all commercial premises have a duty of care to ensure that their waste is transferred to and disposed of by a registered waste carrier. Owners or developers of commercial developments/properties who require Cardiff County Council to collect and dispose of their waste can contact the commercial services department on 029 20717500

RECOMMENDATION 6: That the applicant be advised that the application site lies entirely within zone C1 as defined by the development advice map (DAM) referred to under Technical Advice Note 15: Development and Flood Risk (July 2004) and that there are potential flood risks. The applicant is advised to install flood proofing measures as part of the development. Additional guidance can be found in the Environment Agency Flood Line Publication ‘Damage Limitation’. A free copy of this is available by telephoning 0845 988 1188 or can be found on the website www.environment-agency.gov.uk click on ‘flood’ in subjects to find out about, and then ‘floodline’. The developer can also access advice and information on protection from flooding from the ODPM publication ‘Preparing for Floods: Interim Guidance for Improving the Flood Resistance of Domestic and Small

76 Business Properties’, which is available from the Planning Portal website www.planningportal.gov.uk

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 This is a full application, as amended, for the change of use of the existing public conveniences to a café (Class A3 use), external alterations and an outside seating area. The existing building would be refurbished, with the building footprint and height remaining the same. The building would accommodate an internal seating area and sales counter, a food preparation area and two public toilets.

1.2 The building would be modern in appearance. The existing brick walls would be painted with a graffiti resistant grey paint, with cedar wood cladding and welsh slate tile detailing to the corner facing the park. In terms of openings, there would be sliding/folding doors on the NW elevation facing the park, a narrow, full height window on the NE (rear) elevation, and 3 windows, including a serving hatch on the SW (front) elevation. The sliding doors would have roller shutters, which would retract into the soffit areas and would be finished in a colour to match the windows. The windows would be powder coated aluminium and the fascias/soffit boards in timber, stained ebony black.

1.3 There would be an external seating area (approx 58m2, amended from approx 84m2) adjacent to the NW elevation facing the park, and an enclosed refuse storage area to the rear of the building. Access to the internal and external seating area would be via a disabled access ramp. The refuse store and screen would be timber, stained ebony black. The external seating area will be finished in a water permeable and gas pervious surface to protect the trees and prevent flooding. Illustrative details are provided of the proposed tables, chairs and parasols, which the DAS notes are the same as those used in the Castle grounds.

1.4 Proposed opening hours are 7am to 8:30pm Monday to Saturday, and 7am to 8pm on Sundays and Bank Holidays.

1.5 Amended plans have been submitted, which include the following changes: i. a significant reduction in the outdoor seating area to avoid conflict with the adjacent tree; ii. the outdoor seating area would be surfaced in a permeable surface, edged with timber, to be laid using a no dig method; iii. boundary fencing would be erected around the seating area; iv. the provision of 4 cycle stands (8 spaces).

1.6 Additional information has been submitted, which confirms: i. The intention to provide local residents and visitor with a first class facility that becomes a hub for local activity and a vital part of the community, with core values being ‘to provide quality food and drink at affordable prices, excellent service, well trained friendly and helpful team members,

77 support to the local community and to promote Llandaff Fields and Pontcanna; ii. The two proposed toilets would be open to all members of the public and not just for visitors to the café; iii. The proposed opening hours of the toilets would be 7:30am with Parks Services specifying that the toilets shall close no earlier than 5:30pm; iv. The toilets would be maintained and serviced by the owners of the café, and will be locked and shutter protected at the end of trading hours; v. The café will offer hot and cold drinks, and a range of hot and cold food, including soups, sandwiches, paninis, jacket potatoes and salads, supporting ‘fair trade’ products and environmentally friendly packaging schemes; vi. The external servery would offer hot/cold drinks, snacks, ice creams, and hot and cold food to takeaway. Hot takeaway food would be limited to hot paninis and sandwiches, toast, soups and jacket potatoes. The applicant confirms that he has no intention of offering any kind of pizza, fish and chips, or kebab type of service; vii. Opening hours will vary with seasonal changes; viii. The outdoor tables and chairs would be stored securely within the building when the café is closed.

1.7 The application is supported by a Design and Access Statement, and a Tree Survey, and a Business Plan.

2. DESCRIPTION OF SITE

2.1 The application site comprises a 192m2 irregularly shaped parcel of land, comprising the existing public conveniences and an area of grass/soil to the North and North West. The public conveniences are 17.3m long, 3.3 - 4.6m wide, single storey and of modern, brick construction, with a sloping roof falling from a height of 4.1m, and window and doors protected by grilles and bars. The block is in a poor state of repair, having been subject to continuing vandalism. The toilets were closed at the time of site inspection, having been recently vandalised, with blocked toilets, flooded floors, and tiles and electric hand driers pulled off the walls. Parks Services has confirmed that the toilets would normally be open to the public from 7am until an hour before dusk every day.

2.2 The application site is located at the entrance to Llandaff Fields, near to the junction of Pen-hill Road and Cathedral Road. Residential properties lie to the north and east in close proximity. The nearest rear garden boundary falls within 6.7m of the proposed café (1c Fields Park Road) and 3m of the proposed outdoor area (3 Denbigh St), whilst the nearest dwelling falls within 10m of the proposed café. There are footpaths, a road and turning circle to the SW of the site, and a parking area to the North West; only the footpath that runs through the park in a NE direction constitutes adopted highway. There are a number of mature trees in close proximity to the existing building, which, whilst not the subject of Tree Preservation Orders, have amenity value.

78 2.3 The site falls within the ‘Pontcanna Fields and Llandaff Fields’ Historic Park and Garden (Grade II*), and in close proximity to the Conway Road Conservation Area. It also falls entirely within Zone C1 as defined by the Development Advice Map referred to under TAN 15: Development and Flood Risk (July 2004).

3. SITE HISTORY

3.1 None, other than pre-application advice (PA/10/811 DCI).

4. POLICY FRAMEWORK

4.1 The following policies of the Local Plan are particularly relevant:

Policy 4 ‘Historic Parks and Gardens’ Policy 7 ‘Protection of Open Space’ Policy 11 ‘Design and Aesthetic Quality’ Policy 17 ‘Parking and Servicing Facilities’ Policy 18 ‘Provision for Cyclists’ Policy 19 ‘Provision for Pedestrians’ Policy 20 ‘Provision for Special Needs Groups’ Policy 50 ‘Retail Development’

4.2 The following policies of the deposit Cardiff Unitary Development Plan are particularly relevant:

Policy 2.20: Good Design Policy 2.24: Residential Amenity Policy 2.34: Retail Development Policy 2.45: Trees, Woodlands and Hedgerows Policy 2.49: Protection of Open Space Policy 2.54: Historic Gardens and Parks Policy 2.57: Access, Circulation and Parking Requirements Policy 2.64: Air, Noise and Light Pollution Policy 2.74: Provision for Waste Management Facilities in Development

4.3 The following guidance is particularly relevant: ‘Restaurants, Takeaways and Other Food and Drink Uses’ SPG, ‘Waste Collection and Storage Facilities’ SPG (March 2007), ‘Access, Circulation and Parking Standards’ SPG (January 2010), ‘Trees & Development’ (March 2007).

4.4 The following legislation and national guidance is particularly relevant:

Planning Policy Wales (Edition 4 February 2011) Planning (Listed Buildings and Conservation Areas) Act 1990 WO Circular 61/96 Planning and the Historic Environment: Historic Buidlings and Conservation Areas Circular 16/94 Planning Out Crime TAN 12 Design TAN 15 Development and Flood Risk (July 2004).

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5. INTERNAL CONSULTEE RESPONSES

5.1 Pollution Control (Contaminated Land Team) has no comments to make.

5.2 Pollution Control (Noise and Air Team) has no objection, subject to conditions to restrict opening hours, the hours of use of the external seating area, delivery times, plant noise and kitchen extraction.

5.3 Drainage Services has no objection, subject to the external seating area being water permeable.

5.4 The Tree Preservation Officer raised initial concerns that the Root Protection Area and branch spread of one tree (T1) would be incurred upon by the development and sought a significant reduction in the surface area of the seating area, and the use of no dig type construction and a fully water permeable and gas pervious surfacing. There is no objection to the amended plans, subject to the recommended conditions.

5.5 Parks Services has no objection, advising that they have been liaising with the applicant throughout the process to ensure the proposals are acceptable and note that it would be a valuable addition to the area. Some concerns are raised that the tree (T1) adjacent to the outdoor seating area may create problems for the public below, and that any pruning work on the tree should be agreed with Parks prior to it proceeding. There is no objection to the amended plans, subject to the recommended conditions.

5.6 Transportation has no objection, subject to a minimum of 2 cycle stands (4 spaces) and a condition restricting hot food take-away use. It is advised that 2 represents the minimum specified in the SPG, but recommends that 4 stands (8 spaces) would be more appropriate, should be Applicant be amenable, given the location and experience of this type of development elsewhere. There is no objection to the amended plans, subject to the recommended conditions.

5.7 Waste Management has no objection and provides advice in relation to commercial contracts.

5.8 The Area Manager City Centre, Waste Operations note that storage for two community sweepers is provided within the existing building and that they are in talks with Parks to find alterative storage.

6. EXTERNAL CONSULTEE RESPONSES

6.1 South Wales Police has no objection, in principle, as the proposed development will provide facilities to people using the park, which would have the effect of increasing passive surveillance. Concerns are raised that the area is very dark at night and has little lighting and is not covered by CCTV, that flat or sloping buildings can be vulnerable to crime, and that alcohol should never be sold at this location as there are tables and chairs which

80 could act as a focal point in attracting young people. Various design recommendations are made, including no alcohol to be sold, that external tables and chairs be securely stored outside of opening times, that an alarm is fitted and that conditions should be imposed requiring a lighting plan.

6.2 Welsh Water has no objection, subject to a condition to provide a grease trap.

6.3 The Glamorgan Branch of the Welsh Historic Gardens Trust advises that the proposals are in a sensitive and key location, which the agent has obviously taken into account. They advise that the development will be an enhancement of the rather blighted corner of Llandaff Fields, provided that any noise, litter and parking issues are overcome.

6.4 The Environment Agency advises that there is no increase in vulnerability and that the flood risk is acceptable, subject to the developer being made aware of the potential flood risks.

7. REPRESENTATIONS

7.1 Cllr Cook regrets the loss of a public convenience at Llandaff Fields, but believes the loss can be mitigated if conditions are imposed to require the toilets to be open to all members of the public during café opening hours, and maintained and serviced by the owners of the café.

7.2 Cllr Gordon believes that local people would support the application as long as the toilets are available for the public to use without having to purchase anything from the café. Cllr Gordon provides the following comments which she believes summarise local views and concerns: i. Everyone wants the amenity of the public toilets to remain. Most believe less toilets are preferable to none, as most of the time they are out of order, subject to vandalism, feel desolate and are only used out of desperation. ii. Concerns have been expressed that the toilets will be closed early in winter months, with a condition requested to ensure that the toilets are kept open between the proposed opening hours. iii. Query as to what would happen to the toilets if the business closes. iv. The design, although basic, is an improvement to the existing.

7.3 Twelve neighbouring occupiers and local residents have been consulted, and the application advertised by means of a press and site notice. 6 letters of objection have been received from the owner/occupiers of 12A Farleigh Rd (x2),155 Cathedral Rd, 94 Ryder St, 9 Denbigh St, 8 Fields Park Rd which raise the following objections and issues to the proposal, as originally submitted, summarised below: i. Support expressed in principle for a proposal that would enhance the area and provide working toilets. It is accepted there are no cafes that directly serve park users and that the toilets are very often in an unusable state, closed and vandalised. Concern is noted that the state of the existing toilets is in marked contrast to the facilities available and investment in Roath Park.

81 ii. Concern that the toilets should be available to everyone, not just to café users, and this should be well publicised. iii. Concern that the number of toilets would be significantly reduced – from 4 to 1 for women. iv. Concern that the toilets would only be open during café hours, leaving the public without toilets afterwards. v. Concerns as to whether the toilets would be maintained, and what would happen if the venture fails. vi. Query as to whether the applicant has a business plan, with concerns expressed over the viability of the business. vii. Concern that the obscured area to the rear and poor lighting attract vandals at night, and that mitigation mechanisms need to be put in place. viii. Concern over the ‘concreting’ of the Park. ix. It is noted that the Council uses the building for storage, with a question raised as to what alternative storage would be available. x. Harm to residential amenity, as a result of loss of privacy from in looking from seating area into bedroom balcony and glass doors. xi. Concern that the existing building is highly visible and an eye sore in the sensitive environment, and that the proposal is not much of an improvement. Recommends that alternatives should either be a mobile vending facility with the toilets being maintained and enhanced by the Council, or a new ‘Burgess’ style café with re-built toilets in the turning circle away from residents gardens. View that this is a venture motivated by potential profits, rather than answering a local need that respects the location. xii. Exacerbation of existing parking problems in the turning circle and car park, with overspill parking onto the grassed areas. Concern that the area should be part of the traffic warden control.

7.4 4 letters of objection/representation have been received in response to the amended plans, from the owner/occupiers of 12A Farleigh Rd, 94 Ryder St (x2) and 1 of unknown address, which raise the following matters: i. Loss of public conveniences, as the loos will only be open during café hours and evening park users will have to use the pub toilets. ii. The development is another sign of ‘creeping development’ in the parks. Development in the parkland is continuing at an alarming pace, eroding public open space and has to stop. The need for a strategic vision for the protection of the parkland is emphasised. iii. Concern over the future viability of the business, and future of the toilets should the business fail, with a query as to whether the applicant has a business plan. iv. There is no reference in the Business Plan to the financial arrangements that would exist between the applicant and the Council, no financial data and no details of the responsibilities and accountabilities. v. Poor design and materials, representing a ‘massive missed opportunity’ to enhance the Park with a better design. vi. Support for the development of the facilities.

82 vii. Notes that the Business Plan refers to wider proposals to convert space adjacent to the building for parking, and requests further information, noting that additional parking would not be acceptable.

8. ANALYSIS

8.1 The key issues for consideration in the determination of this application are as follows:

(i) The principle of the acceptability of the change of use 8.2 Whilst the location for the proposed A3 use does not fall within one of the appropriate locations for A3 uses identified in the adopted ‘Restaurants, Takeaways and Other Food and Drink Uses’ SPG, such uses have been considered acceptable in land use policy terms at other locations in the city similar to Llandaff Fields. It is also noted that the proposal will serve to enhance visitor facilities to the park.

8.3 The proposal is acceptable, assessed in relation to the loss of open space, given: the proposal would involve the change of use of an existing building rather than the development of a new building; the size of the proposed outdoor seating area (approx 58m2); the proposed surfacing of the outdoor seating area (water permeable and gas pervious) and the low amenity, recreation and nature conservation value of the existing open space that is proposed for use as the outdoor seating area.

8.4 The loss of the existing public toilets and their replacement by two ‘private’ toilets is acceptable, on balance, taking into consideration the existing opening hours of the toilets which close an hour before dusk, the frequent vandalism they are subject to resulting in closure, and the recommended conditions to ensure that the toilets are available to all members of the public regardless of their use of the café, to control opening hours of the toilets and to ensure they are retained and maintained by the owners of the café. The loss of the storage area used by community sweepers is not a planning matter.

(ii) Impact on traffic, parking and highway safety 8.5 The proposal is acceptable in terms of parking, traffic impact and highway safety, subject to the recommended conditions. A condition is recommended to require details of cycle parking to be submitted, noting also that the cycle parking shown on the proposed plans is not approved, as a result of concerns over its location. The adopted SPG does not require a minimum level of car parking for the proposed development, and it would be reasonable to assume that the majority of visitors to the facility will be as a result of linked trips i.e. they will already be visiting the park for other reasons and would not add significantly to parking demand, subject to a condition restricting hot food take-away use. Experience of similar developments elsewhere in the city supports this position. None of the roads within the park/ off Cathedral Road are adopted and, therefore, none are subject to Civil Parking Enforcement. The control of access to and parking within the park is a matter for the Parks Service.

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(iii) Impact on residential amenity 8.6 The impact on residential amenity – assessed in terms of impact on privacy levels, noise and disturbance, air and light pollution - is acceptable, subject to the recommended conditions (to limit the use to a café only, and to control opening and delivery hours, the size of the external seating area, plant noise, kitchen extraction, lighting and hot food takeaways), and taking into consideration the existing use by members of the public of the premises, the park and adjacent parking areas, and separation distances involved.

(iv) Impact on the visual amenity of the area and the Historic Park and Garden (Grade II*) 8.7 As noted above, the site falls within the ‘Pontcanna Fields and Llandaff Fields’ Historic Park and Garden (Grade II*). The LPA are bound by Development Plan policies to protect the character, setting and historic value of the Park, and to ensure that new development will be of a good design.

8.8 The existing building would be refurbished in modern design, with the building footprint and height remaining the same. The materials would be acceptable, with the existing brick walls painted with a graffiti resistant grey paint, with cedar wood cladding and welsh slate tile detailing, powder coated aluminium openings and timber fascias/soffit boards, stained ebony black. The proposed development would not unacceptably harm the visual amenity of the area or the character, setting or historic value of the historic park, taking into consideration the existing poor state of the building, which is subject to recurring vandalism, and the proposed improvements to the building. Conditions are recommended to control the colour and materials of the outdoor seating area and building walls, and the furniture in and means of enclosure of the outdoor seating area.

8.9 The representations received have been noted and taken into consideration. The recommended conditions address the concerns raised by Cllr Cook. In response to the additional concerns raised by Cllr Gordon, Parks Services has confirmed that they would take on responsibility for maintaining and servicing the toilets in the event that the business closes, and would also go out to tender to find a new occupier.

8.10 I would comment as follows in response to the local objections and representations received in relation to the application, as originally submitted: i. Tacit support noted. ii. A condition is recommended to make the toilets available to everyone and not just to café users. iii. This issue is addressed in the analysis above. iv. A condition is recommended to control toilet opening hours. v. A condition is recommended to ensure the toilets are maintained. Parks Services have confirmed that they would take over toilet maintenance and re-advertise the tender, should the business fail. vi. A business plan has been submitted. The viability of the business is not a planning matter. vii. A condition is recommended requiring a lighting schedule.

84 viii. This issue is addressed in the analysis above. ix. This is a matter for the Council to resolve. x. The harm arising would not be sufficient to justify refusal of the application, given the separation distance involved, the size and position of the opening, the screening provided by trees and the existing use levels of the building and surrounding area. xi. This issue is addressed in the analysis above. xii. This issue is addressed in the analysis above.

8.11 I would comment as follows in response to the objections and representations received in response to the amended plans:

i. This issue is addressed in the analysis above. ii. This issue is addressed in the analysis above. iii. The viability of the business is not a planning matter. Parks Services have confirmed that they would take over toilet maintenance and re-advertise the tender should the business fail. iv. This information is not a material planning consideration. The LPA’s role in determining the application is to consider whether the application submitted meets the criteria laid down in national and local planning policy. v. The design is addressed in the analysis above. The LPA has a duty to determine the application before it. vi. Support for the development of the facilities is noted. vii. The application does not include any proposals for additional parking, and the LPA’s role is to determine the application before it. None of the roads within the park/ off Cathedral Road are adopted highway, and the control of access to and parking within the Park is a matter for Parks Services.

8.12 The proposal is recommended for approval, subject to recommended conditions and advisory notices.

85 86 87 88 89 LOCAL MEMBER OBJECTION

COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/01481/DCI APPLICATION DATE: 31/08/2011

ED: PLASNEWYDD

APP: TYPE: Full Planning Permission

APPLICANT: Mr Pinn LOCATION: FORMER WAREHOUSE, TEAL STREET/ELM STREET, ROATH, CARDIFF, CF24 3QU PROPOSAL: PROPOSED DEMOLITION OF EXISTING BUIDLING AND CONSTRUCTION OF NEW 2 - 3 STOREY RESIDENTIAL DEVELOPMENT OF 9 SELF-CONTAINED APARTMENTS ______

RECOMMENDATION 1: That, subject to the relevant parties entering into a planning agreement under SECTION 106 of the Planning Act, addressing the issues raised in paragraph 8.18 of this report, planning permission be GRANTED, subject to the following conditions:

1. C01 Statutory Time Limit

2. The permission relates to the application as amended by the revised plans numbered AL(0)10 Rev B, AL(0) 11 Rev B, AL(0) 12 Rev B AL(0)13 Rev B attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

3. E1B Samples of Materials

4. No development shall take place until details showing the provision of 9no. secure and covered cycle parking spaces have been submitted to and approved in writing by the local planning authority. The approved details shall be implemented prior to the development being put into beneficial use. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the secure parking of cycles.

5. Prior to the commencement of development a scheme of construction management shall be submitted to and approved by the Local Planning Authority to include details of construction traffic routes, site hoardings, site access, and wheel washing facilities. The development

90 construction of the relevant phase shall be managed strictly in accordance with the scheme so approved. Reason: In the interest of highway safety and public amenity.

6. Notwithstanding the submitted plans, details of the refuse storage area, to include details of the size and design of bins shall be submitted to and approved by the Local Planning Authority prior to the commencement of development. The approved details shall be provided before the development is brought into beneficial use and thereafter retained. Reason: To secure an orderly form of development and to protect the amenities of the area.

7. No construction works shall take place until ground permeability tests have been undertaken to ascertain whether sustainable drainage techniques can be utilised and a drainage scheme for the disposal of both surface water and foul sewage has been submitted to and approved in writing by the local planning authority. The approved drainage scheme shall thereafter be implemented prior to beneficial use of the development. Reason: To ensure an orderly form of development

8. C7Z Contaminated Land Measures

9. D7Z Contaminated materials

10. E7Z Imported Aggregates

11. The first floor windows to Flat 7 and Flat 8 on the Elm Street Lane elevation, as shown on drawing number AL(0)12 Rev B, shall be non opening below a height of 1.8 metres above internal floor level and glazed with obscure glass below a height of 1.8m above internal floor level and thereafter be so maintained. Reason: To ensure that the privacy of adjoining occupiers is protected.

12. The first floor windows to Flat 5 on the Teal Street Rear elevation, as shown on drawing number AL(0)13 Rev B, shall be non opening below a height of 1.8 metres above internal floor level and glazed with obscure glass below a height of 1.8m above internal floor level and thereafter be so maintained. Reason: To ensure that the privacy of adjoining occupiers is protected.

13. No development shall take place until details of the means of site enclosure, to include a scheme for the retention of the existing boundary wall that separates the rear of the site and the rear curtilage of properties on Partridge Road to a height of no less than 2.2m have

91 been submitted to and approved by the Local Planning Authority. The means of site enclosure shall be constructed in accordance with the approved details prior to the development being put into beneficial use. Reason: To ensure that the amenities of the area are protected.

14. A scheme of environmental highway improvements to Teal Street and Elm Street Lane adjacent to the site is to be submitted to and approved in writing by the LPA prior to commencement of development. The scheme should include as required, but not be limited to, the reconstruction as footway of the existing vehicle crossover on Teal Street, resurfacing, kerbing, edging, drainage, lighting, lining and signing. The agreed scheme to be implemented to the satisfaction of the LPA in accordance with a timetable to be submitted to and approved in writing by the LPA, and in any event prior to beneficial occupation of the development. Reason: To ensure the comprehensive enhancement/improvement of the adjacent public highway in the interests of highway and pedestrian safety, and to facilitate access to the proposed development.

15. Each new build residential unit hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category “Ene1 – Dwelling Emission Rate” in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (Version 3). The development shall be carried out entirely in accordance with the approved assessment and certification. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

16. Construction of any dwelling hereby permitted shall not begin until an “Interim Certificate” has been submitted to the local planning authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credits under category “Ene1 – Dwelling Emission Rate” has been achieved for that residential unit in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (Version 3). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

17. Prior to occupation of any of the new build residential units hereby permitted, a Code for Sustainable Homes “Final Certificate” shall be submitted to the local planning authority certifying that a Code for Sustainable Homes Level 3 and a minimum of 1 credit under category “Ene1 – Dwelling Emission Rate” has been achieved for that residential unit in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (Version 3).

92 Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards.

18. No development shall take place until full details of soft landscape works have been submitted to and approved in writing by the local planning authority. These details shall include planting plans and a programme for implementation. These works shall be carried out in accordance with the approved details prior to the occupation of any part of the development or in accordance with a programme agreed in writing by the Local Planning Authority. Reason: To maintain and improve the appearance of the area and in the interests of visual amenity.

19. None of the ground floor windows shall open directly onto the highway. Reason: To ensure that the use of the windows does not interfere with the safety and convenience of pedestrians and vehicles on the adjoining highway.

20. The internal layout of the development shall be constructed strictly in accordance with the approved plans AL(0)10 Rev B and AL(0)11 Rev B, and no future alteration shall be made to the layout unless otherwise agreed in writing by the Local Planning Authority. Reason: To protect the residential amenity of future occupiers and the surrounding area.

RECOMMENDATION 2: Bats often roost in houses and other buildings, and work on these buildings may disturb a bat roost. All bats and their roosts are protected against disturbance under UK and European legislation. If works are planned on a building in which bats are roosting, the Countryside Council for Wales (CCW) must be contacted. They must be given reasonable time to advise as to whether the works should be carried out and, if so, the method to be used. This legislation does not apply to bats in the living area of a dwelling-house.

If work has already commenced and bats are found, or if any evidence that bats are using the site as a roost is found, work should cease and CCW should be contacted immediately.

For buildings other than a dwelling-house, no works of site clearance, demolition or construction should take place unless a licence to disturb these species has been granted in accordance with the relevant legislation.

The Cardiff office of CCW can be contacted at: Unit 7, Castleton Court, Fortran Road St Mellons, Cardiff CF3 0LT Tel : 02920 772400 Fax : 02920 772412

93

For further advice on bats please contact:

The Bat Conservation Trust Unit 2, 15 Cloisters House 8 Battersea Park Road London, SW8 4BG Tel : 02920 7627 2629 Fax : 020 7627 2628

RECOMMENDATION 3: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

(i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and

(iii) the safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

RECOMMENDATION 4: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from

94 demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

RECOMMENDATION 5: The applicant is advised to contact Tony Jones in Highways (2078 5241) regarding a licence to reconstruct as footway the vehicle crossover on Teal Street.

RECOMMENDATION 6: The applicant is requested to ensure that a Welcome Pack detailing public transport services is provided to incoming residents. Leaflets and advice are available from the Council’s Transportation Services.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 A full application for the demolition of existing warehouse buildings on the site and redevelopment for residential use. The scheme, as originally submitted, proposed 6no. one-bedroom flats and 3no. two-bed flats. The scheme was subsequently amended following discussions with Officers, which raised concerns about the scale of development. The proposal, as amended, would accommodate 9no. flats in total – 8no. one-bed flats and 1no. two-bed flat.

1.2 The proposal effectively comprises 3 elements – a 3 storey corner gable (third floor accommodated in roofspace) with a ridge height of approximately 9m, which joins a 2 storey, hipped roof element on the rear elevation, with an eaves height on the rear boundary of approximately 4.5m. On the Elm Street elevation a 2 storey pitched roof building is proposed, with an approximate ridge height of 7m. The proposed development would be finished in a mix of red brown facing brickwork with buff brick detailing and painted render.

1.3 The building follows the existing edge of pavement boundary on the Teal Street elevation and wraps around to Elm Street Lane. On the Elm Street Lane elevation, part of the building steps back from the rear lane in order to facilitate a front garden area for apartments nos. 3 and 4 – tree planting in these front gardens is suggested on the submitted drawings, the area of the front gardens extends to approximately 13sqm. Gated access from Teal Street would lead to an area of external amenity space, accessible to all prospective occupiers with space provided for a bike store and refuse store. The external amenity space is shown as a landscaped area, with tree planting suggested on the submitted drawings. The proposed area of external amenity space would extend to approximately 50sqm.

95

1.4 Part of the existing boundary wall, to a height of 2.2m, would be retained on the rear elevation - which faces the rear boundaries of numbers 43 to 47 Partridge Road.

1.5 Pedestrian access into the development would be gained via a gated entrance off Teal Street. The ground flat would benefit from a separate entrance from the internal courtyard area. The gated entrance off Teal Street would lead to a separate doorway to an internal staircase, which would provide access to the flats on the 1st and 2nd floors.

1.6 The application is supported by a Design and Access statement. A Code for Sustainable Homes Pre-Assessment has also been submitted by the agent, which predicts that the scheme would meet the requirements of Level 3 of the Code for Sustainable Homes, and secure 2 credits under rating Ene 1 (Version 3 of the Code).

2. DESCRIPTION OF SITE

2.1 The site is located at the corner of Teal Street and Elm Street Lane. The site accommodates a number of warehouse/storage buildings – the applicant has confirmed that one of the units is currently used for light storage on a short- term informal tenancy and previously one of the units was used for car repairs. The agent notes that the last significant use of the site was as a plumber’s merchant.

2.2 On the Teal Street elevation, there is a single storey structure with folding doors, leading to a 2 storey gable, which continues along Elm Street Lane. On the rear elevation, facing the back of properties on Partridge Road, a boundary wall separates the site and the rear garden areas of these properties. A number of residential storage/outbuildings are attached to this rear wall. The rear wall leads to a 2 storey gable, which delineates the south- eastern boundary of the site.

2.3 The site is located in a predominantly residential area. There is residential accommodation – Willow Court – on the opposite side of Elm Street Lane, and on the opposite side of Teal Street. And as already noted, the rear boundary of the site adjoins the garden areas of residential properties at numbers 43 to 47 Partridge Road. However on the rear /Elm Street Lane elevation, the site is adjoined by a garage “Nightingale Motors”, which operates from the rear of no. 41 Partridge Road. The rear boundary of the site adjoins the garden areas of residential properties at numbers 43 to 47 Partridge Road.

96 3. SITE HISTORY

3.1 11/00176/DCI Take Down Warehouses and Build 9no. Self-Contained Flats. Granted: 28/6/2011

10/1887/DCI Take down warehouses and build 12 self-contained flats. Withdrawn

4. POLICY FRAMEWORK

4.1 National Planning Guidance Planning Policy Wales (2011) TAN 5: Nature conservation and planning TAN 11: Noise TAN 12: Design TAN 18: Transport TAN 21: Waste TAN 22: Planning for Sustainable Buildings

Circular 16/94 Planning Out Crime

4.2 Adopted City of Cardiff Local Plan (January 1996): 11: Design and aesthetic quality 17: Parking and servicing facilities 18: Provision for cyclists 19: Provision for pedestrians 31: Residential open space requirement 36: Alternative use of business, industrial and warehousing land

4.3 Deposit Cardiff Unitary Development Plan (October 2003): 2.20: Good Design 2.24: Residential Amenity 2.26: Provision for open space, recreation and leisure 2.37: Change of use of industrial and warehousing land 2.48: Biodiversity 2.57: Access, circulation and parking 2.64: Air, noise and light pollution 2.74: Provision for waste management facilities in development

4.4 Supplementary Planning Guidance Biodiversity Parts 1 & 2 (June 2006) Access, circulation and parking requirements (Jan 2010) Safeguarding land for business and industry (June 2006) Waste Collection and Storage Facilities (March 2007) Open Space (March 2008)

97 Cardiff Residential Design Guide (March 2008) Affordable Housing (March 2007) Infill Sites (April 2011)

5. INTERNAL CONSULTEE RESPONSES

5.1 Waste Management In response to the plans, as originally submitted, the Waste Management Officer notes that the access paths within the development from the rear refuse storage area to the highway do not appear wide enough to accommodate the 3no. bulk bins required by the development.

The Waste Officer has subsequently confirmed that the access restrictions can be overcome by the provision of 5no. bins – 2no. x 660 litre for general waste, 2no. x 660 litre for recycling and 1no. x 240 litre for food waste.

5.2 Drainage No objection but it appears that the applicant intends to dispose of surface water via a main sewer. A condition is recommended in order to determine whether sustainable drainage techniques could be implemented.

5.3 Pollution Control The contaminated land team note that given the existing commercial use there could be potential for contamination. Therefore as a minimum a Desk Study should be produced in order to establish whether there are any pollutant linkages that should be investigated further. A number of conditions in respect of contaminated land are therefore requested.

In terms of noise, a condition is requested to secure sound insulation measures between properties and an advisory note is recommended in respect of construction site noise.

No comments are provided in respect of air pollution.

5.4 Transport The adopted Access, Circulation and Parking Standards SPG confirms that 0.5 parking spaces per unit should be provided for residential development of this type in this area, amounting to 5 spaces for the proposed development of 9 units, there is no requirement for a minimum level of visitor parking.

5.5 It is noted that the application does not propose any on-site parking provision and may on the face of it be considered to be out of accord with the standards. However when assessing the car parking requirements for the redevelopment of existing/brown field sites it is necessary to consider the cumulative impact of the proposals, not simply the headline recommendations

98 of the SPG. Any deficiency in proposed car parking must therefore be viewed in light of the parking provision, or lack thereof, associated with the existing permitted use.

5.6 The current warehouse use is considered to be deficient by some 11 spaces (no parking currently being available on the fully built-out site) and therefore the proposed development, even in the absence of the 5 identified spaces, may still be considered less deficient than the existing. It is therefore considered that parking associated with the proposed development will have less of an impact on the surrounding highway network than a warehouse use would if it were reinstated.

5.7 The Transport Officer is satisfied that subject to the cycle parking condition, the application is compliant with adopted parking policy. It is also noted that the site is within easy reach of the city centre and City Road district centre, with all the available shopping/leisure/employment opportunities such a location affords; along with access to extensive public transport facilities on Newport Road.

5.8 The Transport Officer states that prospective residents would not qualify for Resident Parking Permits and therefore the proposed development would not impact on the existing permit bays.

5.9 The Officer considers that an objection on parking grounds would be unsustainable and any reason for refusal on this basis would not withstand challenge at Public Inquiry. For these reasons there is no objection to the proposed development on parking grounds and the Officer considers that the proposed use would be less intensive in terms of parking and moving vehicle impact than the previous use of the site as warehousing, if this use was to be reinstated.

5.10 Parks The application proposal is subject to Policy 31 of the Local Plan. As no on- site recreation/play space is being provided on-site, the developers will be required to make a financial contribution towards the provision or improvement of off-site open space in the locality. Based on the formula contained in the adopted Open Space SPG, a contribution of £11,310 is requested.

The Parks Officer notes that the request for a financial contribution accords with the three tests of the Community Infrastructure Levy legislation:

1. Necessary to make the development acceptable in planning terms The Welsh Assembly Government supports the use of Supplementary Guidance (SPG) to set out detailed guidance on the way in which development plan policies will be applied in particular circumstances or areas.

99 The SPG must be consistent with development plan policies and national planning policy guidance. It may be taken into account as a material planning consideration in planning decisions. The Council’s Supplementary Planning Guidance - Open Space requires provision of a satisfactory level and standard of open space on all new housing developments, or an off-site contribution towards existing open space for smaller scale developments where new on-site provision is not applicable.

2. Directly related to the development Open space provision on new housing development must reflect the requirements of future occupiers and the particular characteristics of the site. Where the density of redevelopment on a particular site does not allow for a satisfactory level of open space provision (2.43 hectares per 1000 projected population) then a developer shall provide an offsite financial contribution in lieu of open space. This contribution would be used toward the provision or improvement of existing open space in the locality of the site. In relation to this development the Council considers it appropriate that an off site contribution is made, calculated in accordance with the guidelines set out in the SPG. The amount of this contribution, based upon an occupancy of 12.87 would be £11,310.

The Plasnewydd ward, in which the development is situated, is deficient in opens space provision by 31.86 hectares, the second highest deficiency in the city. (Measured by the Fields in Trust recommended standard of 2.43 hectares per 1000 population).

3. Fairly and reasonably related to it in scale and kind The formula for the calculation of open space provision is set out in the adopted SPG and relates to the scale of development proposed. Demand for formal recreational requirements would increase in the locality as a result of the Development and the open space contribution would be used by the Council towards the design, improvement and/or maintenance of public open space within the locality of the development site. The closest area of recreational open space is Shelley Gardens. However the final decision on expenditure of the contribution at the time of receipt would be determined by the requirements for improving any individual open space in the locality. This would be in consultation with various parties and be subject to Member approval.

5.11 Building Control Note that the plan drawings generally appear to comply with the provisions of Building Regulations in terms of layout. A demolition notice would be required for demolition.

100 6. EXTERNAL CONSULTEE RESPONSES

6.1 Welsh Water No comments received.

7. REPRESENTATIONS

7.1 Neighbours and local members have been notified.

7.2 Cllr. Berman objects to the application due to the totally inadequate car parking provision. The surrounding area would not provide sufficient on-street parking to meet the demand that this new development would bring. The streets around the development are narrow. Teal Street can only accommodate on-street parking along one side at a time and Elm Street Lane is too narrow to accommodate any on-street parking. Other nearby streets such as Elm Street and Partridge Road have resident only parking bays reflecting the already high demand for parking in the surrounding area. A less intensive residential development on this site which could provide sufficient off-street parking could overcome these problems, but the scheme as presented does not.

7.3 A resident of no. 37 Partridge Road has written to express grave concern about the lack of off-road parking provision in the scheme.

7.4 A letter has been received from Nightingale Motors (the commercial garage business that adjoins the application site on Elm Street Lane). The owner has no objection to improvements to the former warehouse but considers that as there is no provision for on-site parking, he must object. He would need access to his garage during working hours for customers both during and after construction and would need assurance that this access is maintained.

7.5 An objection has been received from the occupier of no. 39 Partridge Road notes that whilst the scheme does make a large effort to preserve the privacy of Partridge Road properties by placing few windows on the rear elevation, he objects as there is no parking provision. He notes that the conversion of existing properties in the area already leads to parking pressures, the development will exacerbate the problem. Some of the ground floor flats should be sacrificed to provide on-site parking space.

The application notes that the existing buildings have no parking – this is not true as all the warehouses have vehicle access and a good number of vehicles could be parked off road. Also, the application form states that the building has been vacant for 3no. years but this is untrue as one has been

101 used for storage (and possibly repair) of washing machines, one utilised for the storage of furniture and one for car parking or repair purposes.

In terms of design, he prefers the scheme compared to the approved development. However with no parking he envisages the scheme will cause traffic congestion, particularly along Elm Street Lane.

Finally, the windows in the rear elevation (to the stairwell) should be glazed with frosted glass to preserve privacy and the rear bedroom window facing in this direction should be removed and this bedroom illuminated by a rooflight.

7.6 The occupier of Flat no. 2, 41 Partridge Road raises a number of concerns about the application: • No reference to the safe disposal of asbestos sheeting. • Section 7.4 of the DAS refers to a perimeter wall of 1m topped with 800mm railings – it would be unacceptable if such a wall were to replace the 4m wall that currently forms the boundary with properties on Partridge Road. • No on-site parking. • Has any provision been made for the large colony of bats that use the warehousing as their habitat.

7.7 An e-mail has been received (no address specified), which raises concerns for the following reasons: (i) height of perimeter wall and impact on privacy, (ii) lack of parking, (iii) lack of ecological consideration regarding the colony of bats which are resident in the existing warehousing space. Concerns about lack of parking and privacy have been expressed in a separate e-mail (again, no address specified).

7.8 The following comments have been received in response to the submission of amended plans.

7.9 The occupier of Flat 1, 41 Partridge Road objects for the following reasons: (i) loss of privacy and security, (ii) location of communal bin on the corner wall of the property, (iii) concerns about the existing roof of the warehouses containing asbestos, (iv) concerns about bats – the Council’s Ecologist should be consulted, (v) lack of car parking, (vi) inadequate time to respond to the amended plans. Similar concerns are raised by the occupier of Flat 2, no. 41 Partridge Road.

7.10 The occupier of number 39 Partridge Road has written to express concern about the time provided to comment on amended plans. His main concern relates to the lack of parking on the site. The other concern is the windows to the rear and side overlooking the gardens of Partridge Road, whilst efforts have been made to glaze the upper floor windows which is a positive step, the number of windows has also increased.

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8. ANALYSIS

8.1 The application raises the following issues.

Land Use Policy

8.2 The principle of residential development on the site was established by permission 11/176/DCI and the redevelopment of the site for housing is therefore considered acceptable. It is understood that permission 11/176/DCI is not being pursued due to a need to make changes to the development in order to meet building regulations approval. It should also be noted that the current application also differs in terms of the composition of the proposed flats – i.e. 8no. one-bedroom flats and 1no. two-bedroom flat compared with 9no. one-bedroom flats in the approved scheme.

Design/Layout

8.3 The existing warehouse buildings on the site are considered to be in a poor state of repair and redevelopment provides an opportunity for enhancement of the area. The design of the proposed development is considered acceptable - a strong corner feature in the form of the gable end on the junction of Teal Street and Elm Street Lane would be provided with a traditional terrace feel to the development on Elm Street Lane, with front gardens provided for 2no. of the ground floor flats on this elevation.

8.4 The proposed development is also acceptable in terms of scale. The roof ridge of the gable end on the corner of Elm Street Lane and Teal Street is slightly higher, by approximately 1.5m, when compared with the existing building. It is also slightly higher than the previously approved scheme (11/00176/DCI) by approximately 500mm. But it is considered that this corner provides the focal point for the scheme, and it is not considered that the increase in height at this corner would generate any significant adverse amenity impact on neighbouring properties.

8.5 As the development wraps around the corner to Elm Street Lane the scheme lowers to 2 storeys. On this elevation the development would have a roof ridge height of about 7.3m, which is the same height as the existing warehouse building, and the same height as the previously approved scheme (11/00176/DCI).

8.6 On the rear elevation, closest to the rear garden areas of properties on Partridge Road, the development again drops to 2 storeys with a hipped roof, which serves to reduce the massing on this elevation. The eaves height of

103 this 2 storey element is similar to that approved under 11/00176/DCI and the maximum roof height is also similar.

8.7 The rear of the site would be enclosed by retaining part of the existing boundary wall to a height of 2.2m, which will serve to maintain privacy for occupiers of properties on Partridge Road. The main 2 storey block of accommodation on the rear/Elm Street Lane elevation is set back from the rear boundary of the site by approximately 4.5m. Windows are proposed at first floor level on this rear elevation, which would serve an internal corridor. But these windows would be fully obscured and therefore not considered to result in any overlooking issues. Similarly the first floor bedroom window on the Teal Street rear elevation would be obscurely glazed up to 1800mm, and is therefore not considered to generate any significant concerns in terms of overlooking.

8.8 It is noted that there is residential accommodation in Willow Court, which is located opposite the application site, across Elm Street Lane. Windows to habitable rooms on the Elm Street Elevation (to a height of 1.8m above internal floor level) would be non-opening and obscurely glazed, with rooflights providing additional natural light. In this context, it is considered that any significant overlooking or privacy issues would be avoided.

8.9 The relationship in terms of separation distances between the proposed development and existing residential property on the opposite side of Teal Street is similar to the existing situation further along Teal Street and in other side streets within the vicinity of the site, e.g. Woodstock Street off Partridge Road.

Amenity Space

8.10 The scheme provides a total area of external amenity space of approximately 62sqm – this includes the communal area of amenity space with bin store and refuse storage area and the separate garden areas for ground floor flats 3 and 4. The Council’s adopted “Infill Sites” SPG states that site redevelopment for residential use must maintain a useable amenity space or garden for new occupiers. It is considered that the proposed amenity space is acceptable in scale and would provide a reasonable area of useable amenity space for prospective occupiers.

Access and parking

8.11 The comments of the Transport Officer are detailed in paragraphs 5.4 - 5.9 of this report. In summary, the scheme has been assessed against the adopted parking guidelines as detailed in the Council’s adopted “Access, circulation and parking requirements (Jan 2010)” SPG. The Officer concludes that,

104 based on the parking standards in the SPG, 5no. car parking spaces would be required. However the Officer notes that the former warehouse use of the site would be deficient by some 11 parking spaces (no parking currently being available on the fully built-out site), if a warehouse use of the site was to be reinstated. Given this fallback position, the Transport Officer considers that parking associated with the proposed development will have less of an impact on the surrounding highway network than the warehouse use, if that use were reinstated.

8.12 It is also noted that the site is in a highly accessible location - within easy reach of the city centre and City Road district centre and with access to extensive public transport facilities on Newport Road

8.13 It is noted that the previously approved development (11/176/DCI) did provide on-site parking spaces for 2no. cars and this new application does not provide any on-site car park spaces. In effect, the current application results in the loss of a single on-site parking space, when compared with the approved scheme, as one on-street space would be gained with the reconstruction as footway of the existing vehicle crossover. But based on the comments of the Transport Officer, given the fallback position of the site in terms of parking requirements and considering the sustainable location of the site in transport terms, it is considered that an objection to the scheme on parking grounds would be difficult to sustain.

Ecology

8.14 The Council’s Ecologist notes that there is a possibility that there could be bats roosting in the warehouses. An advisory note is recommended to ensure that if bats, or any evidence of bat habitation, is found during construction, works should cease and CCW contacted. The observations of the Council’s Ecologist provided contribute to the planning authority’s discharge of its duties under section 40 of the Natural Environment and Rural Communities Act (NERC) 2006.

8.15 Pollution Control The contaminated land conditions have been appended to Recommendation 1. The sound insulation condition, requested by the Noise Enforcement Officer is not considered relevant or necessary as the proposal relates to the development of residential accommodation on the site.

Representations

8.16 The proposal has raised a number of objections in terms of the lack of on-site parking provision. The comments of the Transport Officer are detailed in the above report with the conclusion that any objection to the scheme on parking grounds would be difficult to sustain.

105 8.17 Other representations from neighbours are noted. As discussed above, it is not considered that the proposed development would have a significant adverse impact on privacy or would generate any significant overlooking for the occupiers of neighbouring properties. Amended plans clarify that a boundary wall of approximately 2.2m high would be retained around the site. The Council’s Ecologist has recommended that an advisory note be added to any permission in order to ensure that development works are sensitive to the presence of any bats. The refuse storage area would adjoin the boundary wall to the rear garden area of properties on Partridge Road but the refuse would be contained in bulk bins and would be separated from the rear curtilage of properties on Partridge Road by a 2.2m high wall – a condition has been recommended that would secure further details to confirm the number and size of the refuse storage containers. In terms of the time provided for residents to comment on amended plans, letters were sent to neighbours and local members on 13/10/2011 providing a 10 day period for comment - it should be noted that there is no statutory obligation on local planning authorities to publicise changes to applications once they are accepted as valid but as concerns has been expressed by residents it was considered appropriate to provide residents with the opportunity to comment on amended plans. In terms of asbestos, this is not considered to be a material planning consideration but it is understood that the removal of asbestos from the site will be undertaken by a registered approved demolition contractor and all required notifications to the Health and Safety Executive will be made prior to the commencement of work.

Section 106

8.18 The Parks Service has requested a contribution of £11,310 towards the provision or improvement of off-site open space in the locality. It is considered that the request from the Parks officer addresses the statutory tests for planning obligations, as contained in the Community Infrastructure Levy Regulations 2010 as (i) it is necessary as both national planning guidance and adopted development plan policies require the provision of a satisfactory level and standard of open space from all new housing developments, (ii) it is directly related to the development at the Plasnewydd ward is deficient in open space provision and (iii) it is fairly and reasonably related in scale and kind to the development proposed as the contribution has been calculated on the basis of formula contained in the adopted “Open Space” SPG.

8.19 The applicant has confirmed that he is willing to enter into a legal agreement with the Council to provide the financial contribution requested by the Parks Officer but would prefer that this is dealt with by means of a deed of variation to the existing section 106, attached to permission 11/176/DCI.

106 Conclusion

8.20 Based on the above analysis, it is recommended that planning permission be granted, subject to relevant parties entering into a planning agreement under Section 106 of the Planning Act, in order to address the contribution requested by the Parks Service.

107 108 109

AMENDED PLAN 11/01481/DCI 13.10.2011 110

AMENDED PLAN 11/01481/DCI 13.10.2011 111

AMENDED PLAN 11/01481/DCI 13.10.2011 112

AMENDED PLAN 11/01481/DCI 13.10.2011 COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/01544/DCI APPLICATION DATE: 12/09/2011

ED: PLASNEWYDD

APP: TYPE: Full Planning Permission

APPLICANT: GMB Williamson House LOCATION: GMB, WILLIAMSON HOUSE, 17 NEWPORT ROAD, ROATH, CARDIFF, CF24 0TB PROPOSAL: PROPOSED EXTENSIONS AND INTERNAL & EXTERNAL ALTERATIONS OF EXISTING OFFICE BUILDING ______

RECOMMENDATION: That planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. This consent relates to the application as supplemented by the perspective view of the proposed building datestamped 26.10.11. Reason: The information provided forms part of the application.

3. E1B Samples of Materials

4. No development shall take place until a scheme showing the architectural detailing of the building has been submitted to and approved in writing by the LPA and the development shall not be brought into beneficial use until the approved scheme is implemented. Reason: To ensure a satisfactory finished appearance to the building.

5. C3S Cycle Parking

6. D3D Maintenance of Parking Within Site

7. No development shall take place until a scheme is submitted for the resurfacing of the public footways adjacent to the application site has been submitted to and approved in writing by the LPA and the development shall not be brought into beneficial use until the approved scheme is implemented. Reason: To ensure a satisfactory public realm around the building.

8. No development shall take place until a site specific Tree Protection Plan and Arboricultural Method Statement for the street trees adjacent to the application site has been submitted to and approved in writing by the LPA

113 and the development shall not be brought into beneficial use until the approved scheme is implemented. Reason: To ensure the survival of the street trees adjacent to the site.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 The proposal is for the refurbishment of the GMB offices at Williamson House on Newport Road. The building will be enlarged on the upper floor and door and window openings will be altered to accommodate the new internal layout. The concrete and brick building will be completely reclad in stone. The footprint remains unchanged.

1.2 The existing building dates from 1958 and was extended to the rear in the 1970s. It was purpose-built for the trade union and despite its modest scale has considerable presence on Newport Road arising from its location and the classical foursquare proportions of the ground and first floors and use of concrete that looks like Portland stone. The upper floor is set back and is a more utilitarian red brick, as is the rear extension.

1.3 The proposals seek to unite these disparate elements of the building by extending the top storey to be flush with the two storey block below on the West grove elevation and extending it to the rear and overcladding the entire building with a natural stone cladding system. The large double storey window to Newport Road is retained as is the main entrance off West Grove which is emphasised by making it double height.

1.4 As part of the improvements to the circulation of the building an internal first floor linking corridor has been relocated to the outside of the building as a glazed projecting box on the rear half of the West Grove elevation.

1.5 Undercroft parking to the rear of the building and means of access is unchanged. One of the existing spaces will become a disabled parking space and 2 cycle spaces will be provided.

1.6 The building is set back from the building line along West Grove and there is an area of private space that merges with the public highway. A new ramp and stairs will be provided within this area to improve pedestrian access to the main entrance on West Grove.

1.7 The existing dwarf wall and raised platform facing Newport road will be demolished and a new disabled access ramp and staircase provided to serve the fire escape corridor on the eastern side of the building.

1.8 The areas of hardstanding within the redline boundary will be resurfaced to match the existing footway paving around the site.

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1.9 Materials proposed are buff-coloured natural stone cladding to the majority of the building (principal elevations), frameless curtain walling and steel floor for the projecting corridor, brown red facing blocks to the ground floor parking area to the rear, white render to the east elevation, aluminium louvres to the plant room and lift overrun, and grey aluminium framed windows and doors. Vertical translucent cladding signage zones are proposed to beside the main entrance and to the Newport Road frontage.

1.10 The proposals were discussed at pre-application stage and a number of changes were incorporated into the design as a result.

1.11 The application is accompanied by a design and access statement and additional information in the form of a rendered image of the building has been provided.

2. DESCRIPTION OF SITE

2.1 The application site is a prominent corner site located on the eastern edge of the City Centre. It is bounded to the east by substantial 3 storey victorian houses that have been converted to office use, to the north by a service lane and the back gardens of the properties fronting The Parade, to the west by West Grove, and to the south by the very busy Newport Road/ West grove junction.

2.2 To the other side of West Grove is the 4 storey Grade II listed University Queen’s Building. Tredegarville Conservation Area lies immediately to the north of the site. The site is surrounded by a mix of university, office, and hotel buildings which are of mixed age and style.

2.3 The site is rectangular in shape and flat with an area of 0.077ha.

2.4 There is a large street tree on West Grove next to the parking access and a smaller street tree directly in front of the building on Newport Road.

3. PLANNING HISTORY

3.1 There is no planning history on the site.

4. POLICY FRAMEWORK

4.1. The proposals do not involve any change or intensification of use and do not raise any land use policy concerns.

115 4.2. The following Local Plan policies are considered to be of particular relevance: Policy 11 Design and Aesthetic Quality.

4.3. The following deposit Cardiff Unitary Development Plan policies are of particular relevance: Policy 2.20 Good Design

4.4. Relevant National Policy Guidance: TAN 12: Design

5. INTERNAL CONSULTEE RESPONSES

Transportation: 5.1 The Council’s Transportation Officer has no objection subject to conditions on cycle storage and maintenance of parking within the site.

5.2 Planning Strategy (Regeneration): The Officer requests that the applicant resurfaces the areas of hardstanding that are within their boundary.

5.3 Parks services: The Parks Officer requests more details on the impact that the building is likely to have on the street trees adjacent to the site, one of which is a particularly fine Elm. He requests a Tree Protection Plan and an Arboricultural Method Statement.

6. REPRESENTATIONS

6.1 Neighbours were consulted. No representations were received.

7. ANALYSIS

7.1 The proposals are for the refurbishment of an office building on a prominent corner site on the edge of the city centre. The main issue to consider is whether the design is acceptable.

7.2 The incorporation of the utilitarian brick upper storey into the building mass by enlarging the top floor and recladding the whole in natural stone is a significant improvement. The additional emphasis afforded the West Grove main entrance by making it double height works together with the remodelled large window opening to Newport Road to give the corner sufficient presence on the street. The projecting first floor corridor adds interest and life to the West Grove elevation.

7.3 The design concept makes use of the added depth that overcladding gives to the façade to create a depth and richness to the principal elevations. The architectural treatment is contemporary and quite different from the existing

116 character of the building. However solid to void ratios are maintained and the proportions of the building and the openings are similar to the existing building and result in an overall composition that complements the eclectic Newport Road streetscene.

7.4 The proposals do not have a significant impact on either the conservation area to the north or the listed Queens Building to the west.

7.5 Materials samples and architectural detailing conditions are attached.

Access and Parking 7.6 There is no objection from transportation. Cycle storage and retention of parking within the site conditions have been added.

Highway/ public realm improvements 7.7 A grampian condition has been added to ensure that the public footway adjacent to the application site is resurfaced.

Street Trees 7.8 A grampian condition has been added to ensure that the street trees adjacent to the application site are protected.

8. CONCLUSION

8.1 In conclusion the proposals do not raise any land use, design, transportation or public safety/ amenity concerns and enhance the appearance of a prominent corner building.

8.2 The granting of planning permission is recommended subject to conditions being imposed.

117 118 119 COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/01605/DCI APPLICATION DATE: 16/09/2011

ED: GRANGETOWN

APP: TYPE: Full Planning Permission

APPLICANT: Cardiff Harbour Authority LOCATION: CARDIFF INTERNATIONAL WHITE WATER, WATKISS WAY, GRANGETOWN PROPOSAL: PROPOSED EXTENSION TO CARDIFF INTERNATIONAL WHITE WATER RAFTING CENTRE TO HOUSE A NEW 'SURF RIDER' FACILITY ______

RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. The consent relates to the application as amended by the revised plans numbered SCHD(0)20A; SCHD(0)10A; SCHD(0)11A; SCHD(0)12A; SCHD(0)13A , attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

3. The car parking, manoeuvring areas and access arrangements as shown on drawing no. SCHD (0) 10 Rev A, shall be laid out in accordance with the approved details, before the development is brought into beneficial use and be thereafter maintained and retained at all times for those purposes in association with the development. Reason: To ensure that the parking of vehicles and access to the site do not interfere with the safety, convenience and free flow of traffic passing along the highway abutting the site.

4. An event held at the Surf Rider Facility shall not take place at the same time as an event on the Canoe Slalom Course - as stated in the CIWW Event Management Strategy. Reason: To ensure that the parking of vehicles and access to the site do not interfere with the safety, convenience and free flow of traffic passing along the highway abutting the site.

5. No part of the development hereby permitted shall be occupied until a site specific Travel Plan (TP) has been submitted to and approved in writing by the LPA (including an Events Management Plan). The Travel Plan shall set out proposals and targets, together with a timetable to

120 limit or reduce the number of single occupancy car journeys to the site, and to promote travel by sustainable modes, including how the plan will tie in with the CISV TP. The Travel Plan shall be implemented in accordance with the timetable set out in the plan, unless otherwise agreed in writing with the LPA. Reports demonstrating progress in promoting the sustainable transport measures detailed in the Travel Plan shall be submitted annually to the LPA, commencing from the first anniversary of beneficial use. Reason: To promote travel by sustainable modes.

6. Prior to commencement of each phase of development a scheme of construction management shall be submitted to and approved by the Local Planning Authority to include details of construction traffic routes, site hoardings, site access, wheel washing facilities and parking of contractors vehicles. The development construction of the relevant phase shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity.

7. No development shall take place until samples of the external finishing materials have been submitted to and approved by the Local Planning Authority. The development shall be carried out in accordance with the approved details. Reason: To ensure that the finished appearance of the development is in keeping with the area.

8. No development shall take place until a scheme showing the architectural detailing of the principal façade including the terrace balustrading and external staircase has been submitted to and approved in writing by the Local Planning Authority and the development shall not be brought into use until the approved scheme is implemented. Reason: To ensure a satisfactory finished appearance to the development.

9. Prior to commencement of the development, full details of hard and soft landscape works, hard surfacing materials and lighting for the area around the building, up to and including the bay edge walkway and the footpath linking the walkway to Watkiss Way, as indicated on dwg. no. SCHD(0)10A, shall have been submitted to and approved by the Local Planning Authority. The approved scheme shall be complete before the complex is brought into beneficial use. Reason: To ensure that the public realm works are completed to an appropriate standard.

121 10. Notwithstanding the submitted site location plan no part of the development shall be commenced until a scheme showing an alternative location for the waste compound has been submitted to and approved in writing by the Local Planning Authority. The facility approved shall be provided before the development is brought into beneficial use. Reason: To secure an orderly form of development.

11. No materials, waste, arisings or plant shall be stored or operated within the River Ely SINC, outside the site boundary identified within the planning application, or allowed to fall, be washed or blown into it. Reason: To protect the features of interest for nature conservation for which the SINC has been designated.

12. No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purpose of monitoring gases generated on the site or land adjoining thereto and for any measures necessary to protect the development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall provide details of measures that are required to ensure the safe and inoffensive dispersal or management of gases and to prevent lateral migration of gases into or from land surrounding the application site. Gases includes landfill gases, vapours from contaminated land sites, and naturally occurring methane and carbon dioxide, but does not include radon gas. All measures specified in the above scheme shall (unless otherwise agreed in writing) be undertaken and completed prior to any development commencing or in accordance with a timetable as shall be previously agreed in writing with the Local Planning Authority and the measures shall be retained and maintained until such time as the Local Planning Authority agree in writing. Reason: To ensure that the safety of future occupiers is not prejudiced.

13. No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purposes of identifying chemical and other contaminants on the site and to ensure that the land is suitable for the proposed development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall include details of any measures necessary to protect future occupiers/users of the land from chemical and other contaminants. All measures in the approved scheme shall be undertaken in accordance with a timetable which shall be agreed in writing with the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced

14. D7Z Contaminated materials

122 15. E7Z Imported Aggregates

16. Foul water and surface water discharges shall be drained separately from the site. Reason: To protect the integrity of the public sewerage system.

17. No surface water shall be allowed to connect, either directly or indirectly, to the public sewerage system unless otherwise approved in writing by the LPA. Reason: To prevent hydraulic overload of the public sewerage system, to protect the health and safety of existing residents and prevent pollution of the environment.

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

RECOMMENDATION 2: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

(i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and

(iii) the safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

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The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 A detailed application for a two storey extension to the CIWW Rafting Centre with external viewing terrace. The existing building is used as a sports, training, meeting and educational facility. The proposals intend to retain and expand these uses to include surf based activities, training and education.

1.2 The proposed building will house a surf rider facility consisting of a 9.0m wide engineered slope in the form of a 1.5m high wave that has a constant shallow stream of water injected over it by pumps located in a pool beneath the ride, allowing up to 8 people of all ages and skills to surf the waveface.

1.3 Access will be via the existing CIWW entrance and the facility makes use of the existing changing rooms and other educational and training facilities.

1.4 The facility would be in use between 09:00 hrs and 20:00 hrs on Wednesdays and Fridays, 17:00 hrs on other days of the week and 16:00hrs on Sundays. The CIWW building has planning permission to be used between 06:00 hrs and 22:00 hrs.

1.5 Level access will be maintained to the extension as per the existing building. The surf rider itself has been sunk into the ground ensuring the front edge of the ride is at finished floor level. The facility is designed to allow use by disabled individuals.

1.6 At ground floor there is a large double height viewing area facing the flowrider. The only other accommodation on the ground floor are disabled toilets, plant rooms and store.

1.7 At first floor level a 170m2 new terrace is provided that connects to the existing café terrace and wraps around the bayside corner of the building and finishes at an external staircase on the gable of the building. Primary access to the terrace is from the existing CIWW lobby and first floor café.

1.8 The ground floor building line and projecting first floor terrace line follow the natural curve of the existing white water course providing a generous viewing area at first floor level for both activities. On both floors the areas of glazing facing the white water course are maximised to provide views in and out of the facility. On the ground floor there is a curved fully glazed return which

124 looks out to the bay edge walkway and river over a paved area of public realm.

1.9 The roof form is a shallow butterfly monopitch rising to 6.4m and designed to be sympathetic to the existing CIWW monopitch roof which is 8.5m at its highest point. The south and east elevations are largely solid and finished in through-coloured render to match the existing. The main elevation to the west is largely glazed with areas to the first floor utilising the same grey aluminium cladding as the existing building.

1.10 The external area between the building and the white water course is concrete paved to match existing and forms a large area of public realm that links the CIWW main entrance the white water course and the surf rider main entrance to the Bay edge walkway.

1.11 Two disabled parking spaces are retained and relocated adjacent to the main entrance.

1.12 The waste storage compound is enlarged from 15m2 to 20m2 and is relocated to the NW corner of the application site adjacent to the entrance from Watkiss Way at a distance of about 150m from the Surfrider facility.

1.13 Since the proposals are an extension of the CIWW building a BREEAM report is not required. The location of solar photovoltaic panels to the existing and proposed south facing roofs is being investigated.

Parking and access arrangements 1.14 The CIWW is currently served by a car park with 24 spaces located on the site. These spaces will however be designated within the swimming pool car park. The 24 spaces lost from the swimming pool car park will in turn be offset by a newly created car park to the east of the swimming pool (between the pool and the temporary ice rink) which will accommodate 40 spaces, resulting in a net increase of 16 spaces.

1.15 Access from the roundabout is unchanged. A drop-off area has been developed for users to safely unload large equipment as close to the facility as possible.

1.16 The existing 3.0m high vehicular gates and fence are to be retained in order to secure the site at night.

1.17 The Bay Walkway is extended along the water’s edge by approximately 8m and then rerouted around the edge of the new drop-off area to Watkiss Way (currently it runs alongside the CIWW building). The walkway will be demarcated with brick paving.

125 1.18 An access thoroughfare is retained within the site to give access to the White Water pumps.

1.19 The following information is submitted: • Design and Access Statement; • Environmental Assessment • Environment Agency’s Flood Defence Consent for Construction of a Sheet Piled Water Reservoir within the River Ely for the Proposed Canoe Slalom (2007) • Ground Investigation Report for CIWW Canoe Slalom (2007) • Equality Impact Assessment. • CIWW Event Management Strategy.

2. DESCRIPTION OF SITE

2.1 The 1.28ha application site is flat and includes the CIWW Centre, the Bay Walkway to the west, south and east, and a sliver of the International Swimming Pool car park to the east. It is bounded on the north by Watkiss Way, to the west by a boatyard and to the south by the River Ely. The site is part of the wider ISV site and has been remediated to a level of 8.0m AOD which is above the flood level for the lower Bay area.

2.2 The extension is to the south of the CIWW building, between it and the River Ely and occupying an area of the site currently used as a car park.

2.3 The River Ely (within the boundaries of Cardiff) is designated as a Site of Interest for Nature Conservation (SINC).

3. PLANNING HISTORY

3.1 Planning permission (08/2765C) for the resiting of the CIWW ancillary building to the east of the course was granted in February 2009.

3.2 Planning permission (07/1397C) for the CIWW Canoe Slalom Course including an ancillary 2-storey building was granted in September 2007.

4. POLICY FRAMEWORK

City of Cardiff Local Plan (1996)

4.1 The following Policies of the Local Plan are relevant:- • Policy 11 – Design and Aesthetic Quality • Policy 17 – Parking and servicing facilities

126 • Policy 18 – Provision for cyclists • Policy 19 – Provision for pedestrians

4.2 The Deposit Cardiff Unitary Development Plan (October 2003) includes the following relevant policies: • Policy 2.20 – Good design • Policy 2.57 – Access, circulation and parking requirements

4.3 The following Supplementary Planning Guidance (SPG) is of relevance: • City Centre Strategy (2007-2010) • Access, Circulation and Parking Requirements (2010)

5. INTERNAL CONSULTEE RESPONSES

Highways and Waste Management 5.1 The Drainage engineer has no comments.

Ecology 5.2 No objection subject to a condition to protect the features of interest of the River Ely SINC.

Transportation 5.3 The Highways Officer makes the following comments: An Event Management Strategy has been submitted in support of this application which identifies that events associated with the new 'Surf Rider Facility' will operate at different times to those associated with the existing 'White Water Facility', as such the maximum number of participants and spectators will be restricted to those currently in attendance. It is noted that the 'Surf Rider Facility' will be smaller in scale and as such is likely to attract a maximum number of 400 participants and spectators at any one time.

5.4 On the basis of the above, it is therefore considered that those measures already in place when events take place on the site will be employed when the 'Surf Rider Facility' is in operation. As such I can confirm that Transportation would have no objection to the application, subject to conditions on Car parking and Access Arrangements, Timing of Events, and provision of Construction Management Plan and Travel Plan

Pollution Control 5.5 Pollution Control (Noise): No objection subject to the following conditions/ recommendations being attached: Opening hours (no public between hours of 20:00 and 09:00; Delivery times (no deliveries between hours of 20:00 and 08:00); Plant Noise; and Amplified Music. A Construction Site Noise recommendation is also requested.

127 5.6 Pollution Control (Air): No objection subject to the following condition: Kitchen Extraction condition in the event that an A3 facility is included within the development.

Contaminated Land: 5.7 The Officer requests the following standard conditions: Ground Gas Protection condition; Contaminated Land Measures condition; Imported Soil and Imported Aggregates conditions; and a recommendation: Contamination and Unstable Land Advisory Notice

Waste Management: 5.8 The Sustainable Planning Officer raises no objections.

6. EXTERNAL CONSULTEE RESPONSES

6.1 Welsh Water: Welsh Water have no objection subject to conditions on separate drainage of foul water and surface water, no drainage of surface water to the public sewer unless otherwise approved in writing by the LPA, and no land drainage run-off to discharge to the public sewer.

6.2 The Environment Agency: The EA has no objection and consider the application acceptable on the basis that the floor level is set at or above 8.0m AOD (the agreed impoundment level of the Cardiff bay area) and that there is no encroachment into the Bay.

6.3 Police Architectural Liaison: South Wales Police have no objection to the proposals.

7. REPRESENTATIONS

7.1 Neighbours were consulted. No representations have been received.

8. ASSESSMENT

8.1 The proposed use raises no land use concerns. The main issues to be assessed are: a. Is the design of the building acceptable? b. Is the proposed public realm and landscaping acceptable? c. Are the proposals acceptable in terms of traffic management, access and parking provision?

128 a) Design 8.2 The building is of a similar scale to the CIWW and employs the same palette of materials. The most striking features are the curved geometry of the west elevation overlooking the white water course and the Bay Walkway, and the inclusion of a 170m2 terrace at first floor level linked to the existing café terrace. Together they transform the building a give it a degree of presence and elegance when viewed from the south and west which it previously lacked.

b) Public Realm and Landscaping

8.3 The indicative public realm scheme visually links the two buildings and defines the entrance to the CIWW/Surf Rider facility. The opportunity has been taken to create an area which can be used in the future for events and provides an attractive public area which acts as an extension to the Bay Walkway and will be a popular location.

8.4 The design of this area (hard and soft landscaping, lighting, furniture) is the subject of a condition.

c) Access and Parking

8.5 An Event Management Strategy has been submitted in support of this application which identifies that the new 'Surf Rider Facility' will be smaller in scale than the canoe slalom and will operate events at different times to the existing 'White Water Facility'. As such the measures in place to deal with events on the whitewater course will be more than adequate to deal with events on the surfrider facility.

8.6 The proposal is for 24 car parking spaces in the existing International Swimming Pool (ISP) car park to be dedicated to the CIWW/Surfrider facility. Alternative provision is made elsewhere for the ISP. Transportation has no objections.

Other matters 8.7 Neighbourhood Planning (Equality Impacts Officer) was consulted but provided no comments. The proposals have been assessed as part of the application and it is considered that there are no adverse differential impacts arising from this development.

8.8 Amenity considerations: The proposals have no implications for neighbouring occupiers. For members of the public using the Bay Walkway or visiting the CIWW the proposals represent a significant enhancement in terms of the creation of areas for viewing and improving the experience of using the bay Walkway both visually and physically.

129 8.9 Noise: The conditions requested by Pollution Control relating to opening hours, plant noise, delivery times and amplified music, were not attached to previous permissions on the site. The planning context has not changed.

8.10 It is doubtful therefore whether these conditions are necessary, given the location of the site in a potentially busy mixed use area and the planning history, and it is considered that it would be unreasonable to impose these conditions on a permission for an extension to a building with a similar sporting function for which it was not considered necessary to attach conditions in respect of these matters.

8.11 Air Pollution: The inclusion of a precautionary Kitchen Extract condition is not considered necessary given the location of the site and planning history.

8.12 Ecology: The site is adjacent to the River Ely SINC. The CIWW changed the environment of the River Ely through reduction in river width and loss of riparian habitat but the impact of this development, located approximately 10m from the riverbank, is of a far lower impact. A condition has been attached to minimise the impact of the development on the SINC.

8.13 The proposals are acceptable in respect of flooding (having a FFL of 8.45 m AOD) and do not encroach into the Bay.

9. CONCLUSION

9.1 The extension benefits from a strong design concept that encloses the eastern end of the site and provides active frontage on two levels overlooking the white water course and the Bay Walkway. Its curved geometry significantly improves the existing building and together with the associated external works creates an attractive and vibrant area of public realm. Access and parking are acceptable and the proposals raise no amenity or ecology concerns. The granting of planning permission is recommended subject to conditions.

130 131 132 133 LOCAL MEMBER SUPPORT

COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/01651/DCI APPLICATION DATE: 26/09/2011

ED: RIVERSIDE

APP: TYPE: Full Planning Permission

APPLICANT: Mr Keith Glaister LOCATION: 211-217 CATHEDRAL ROAD, PONTCANNA, CARDIFF, CF11 9PP PROPOSAL: CHANGE OF USE OF GROUND FLOOR UNIT TO USE CLASS A3 (FOOD AND DRINK USE) ______

RECOMMENDATION: That planning permission be REFUSED for the following reasons:

1. The proposed change of use of the premises would be likely to result in unacceptable noise nuisance for adjoining occupiers and local residents, resulting from activities at the premises and from customers frequenting the premises and therefore fails to accord with Policy 49 of the adopted City of Cardiff Local Plan, the Council’s adopted “Restaurants, takeaways and other food and drink uses” supplementary planning guidance note, and Technical Advice Note 11: Noise.

2. The proposed change of use of the premises would be likely to result in unacceptable smell nuisance for adjoining occupiers and local residents, resulting from activities at the premises and therefore fails to accord with Policy 49 of the adopted City of Cardiff Local Plan and the Council’s adopted “Restaurants, takeaways and other food and drink uses” supplementary planning guidance note.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 A full application for the change of use of a vacant ground floor commercial unit, previously occupied by Ballantynes Wine Merchants, from A1 (shop) use to A3 (food and drink) use.

1.2 The agent has clarified that the proposed A3 use would comprise a café bar/restaurant and would be open from 09:00 to 23:00 hours, each day.

134 1.3 The application is supported by a Design and Access statement.

2. DESCRIPTION OF SITE

2.1 The application site relates to a 2 storey building (2nd floor accommodated in the roofspace) located on the corner of Cathedral Road and Mortimer Road. The ground floor of the property is a vacant retail (A1) unit, formerly occupied by Ballantynes wine merchants. The upper floors of the building accommodate 3no. flats.

2.2 There is residential terraced accommodation along Mortimer Road and opposite the site on Cathedral Road.

2.3 The application site frontage from nos. 211 – 245 Cathedral Road contains a number of established ground floor commercial premises including the Bamboo Garden takeaway at no. 239 Cathedral Road, which advertises its opening hours as 17:30 to 23:30 on Mondays to Saturdays and 18:00 to 23:00 on Sundays. The Halfway public house is located on the corner of Cathedral Road and William Street.

2.4 It should be noted that Pontcanna Street also contains a number of commercial premises at ground floor level including 3no. A3 (food and drink) premises: (i) Café Brava at no.71 Pontcanna Street – advertised closing time of 22:30 hours on Tuesdays to Saturdays, and 16:00 hours on Mondays) (ii) Diner 77, a restaurant at no. 77 Pontcanna Street - advertised hours of 18:00 to 23:00 on Mondays and Tuesdays and 10:00 to 23:00 on Tuesdays to Sundays) (iii) Cibo, a restaurant at no. 83 Pontcanna Street - last orders advertised as 21:15 on Mondays to Thursdays, 21:30 on Fridays and Saturdays, and 20:00 on Sundays.

2.5 The site adjoins the Cathedral Road Conservation Area.

3. SITE HISTORY

11/1349/DCI Change of use of ground floor retail (A1) unit to allow for a flexible permission consisting of A1 or A2 use. Permission granted: 13/9/2011.

11/1348/DCI Removal of condition 3 of permission 01/00271/W to allow the use of part of the garages for storage ancillary to the ground floor retail unit. Refused: 14/10/2011

135 01/271/W Ground floor retail unit and three garages and 3no. two- bedroom flats on first and second floors. Granted: 18/4/2001.

00/1124/W Ground floor retail unit and garages with 3no. flats at first floor. Refused: 13/10/2000.

4. POLICY FRAMEWORK

4.1 Relevant National Planning Guidance:

Planning Policy Wales TAN 4: Retailing and Town Centres TAN 11: Noise TAN 12: Design TAN 18: Transport TAN 21: Waste

Circular 16/94: Planning Out Crime

4.2 Relevant City of Cardiff Local Plan policies:

11: Design & Aesthetic Quality 17: Parking & Servicing Facilities 19: Provision for Pedestrians 20: Provision for Special Needs Groups 49: District & Local Centres

4.3 Relevant Deposit Unitary Development Plan (October 2003) policies:

2.20: Good Design 2.24: Residential Amenity 2.36: District & Local Centres 2.57: Access, Circulation and Parking Requirements 2.74: Provision for Waste Management Facilities in Development

4.4 Relevant Supplementary Planning Guidance:

Restaurants, Takeaways and other Food & Drink Uses (June 1996) Waste Collection and Storage Facilities (March 2007) Access, circulation and parking requirements (January, 2010)

136 5. INTERNAL CONSULTEE RESPONSES

5.1 Pollution Control An objection is raised from a noise pollution perspective as there is residential accommodation above the application site and to one side of the proposed development. It is considered likely that the amenities of residents in residential accommodation would be affected by noise nuisance generated by activities from the proposed development and from patrons frequenting the proposed development.

An objection is also raised from an air pollution perspective on the grounds that there is residential accommodation above the application site and to one side of the proposed development. It is considered likely that the amenities of residents in the accommodation would be affected by smell nuisance being generated by the activities at the proposed development.

The Officer notes that these objections accord with guidance in the Council’s adopted “Restaurants, takeaways and other food and drink uses” SPG.

5.2 Waste Management A location for the storage and collection of waste and recycling should be shown on site plans.

5.3 Transport Any comments will be reported to Planning Committee.

6. EXTERNAL CONSULTEE RESPONSES

6.1 Environment Agency The application site lies in Zone C1 as defined in TAN 15. Flood map information indicates that the site is within the 1% (1 in 100 year) and 0.1% (1 in 1000 year) annual probability fluvial flood outlines of the River Taff, a designated main river.

Given the scale of the development, the EA consider that the risk of flooding could be acceptable subject to the developer being made aware of the potential flood risks and advised to install flood-proofing measures as part of the development.

6.2 South Wales Police No objection subject to no takeaway facility being permitted, the installation of a CCTV system, and the premises not closing any later than midnight.

137 7. REPRESENTATIONS

7.1 Neighbours and local members have been notified. The application has been advertised on site and in the press. The press and site notice period ends on 10th November, the following comments had been received at the time of writing this report. Any additional comments will be reported to Planning Committee.

7.2 Cllr. Gordon has written to support the application:

“I wish to recommend that the above planning application for A3 [restaurant / bar] be approved.

May I first draw your attention to the overwhelming majority support my constituents have for a restaurant at this location. Nearly 3,000 signatures were collected at the local shops in Cathedral Road and Pontcanna Street saying that residents and visitors would boycott a mini supermarket on this site, as happened at Stokes Croft in Bristol when the Tesco Express set up. The Campaign in Pontcanna is called ‘Keep the Heart of Pontcanna Independent’ and residents are supporting the local independent shops and want to see a business that complements the area’s diversity and character.

The possibility of a restaurant/bar is welcomed by everyone I have spoken to. It would add to the attraction of the area as an ‘eating out’ destination. It would look attractive on this prominent corner at the junction of Cathedral Road and Mortimer Road in the heart of the Cathedral Road Conservation Area. There is on street parking on Cathedral Road alongside the site in the evenings as the shops are closed. Also it is a one minute walk to the car park at Llandaf Fields and a few minutes walk to the Pontcanna playing fields car park at the end of Fields Park Road.

I understand that the Environmental Health department recommend the planning application is refused because it may affect residents who live near by. There are only 2 occupied flats in the vicinity and they are above the proposed restaurant, the third flat upstairs is rented on short term lets and is unoccupied at the moment. No. 2 Mortimer Road is currently vacant. I visited the flat dwellers in 2a and 2c Mortimer Road and the second terraced house, No. 4 Mortimer Road, and found that the only residents in the vicinity all welcome a restaurant as long as it is not open too late at night. They are delighted that the garage, which is let with one of the flats, was not allowed to be turned into a store room. They, like the vast majority of residents in the area absolutely do not want a mini supermarket in this location.

I trust you will take into account what an immense community issue this is and understand that residents in my area want to see the quality, personal service and uniqueness of this part of Cardiff sustained. A mini supermarket here

138 would ruin the community as the small shops selling food and drink would be forced to close, leading to a loss of local jobs and amenities. Some shops like Driscolls, the butcher, have been trading in Pontcanna for over 40 years.

Please recommend A3 planning permission for this site.”

7.3 31no. individual e-mails of support have been received from local residents, noting that they support a restaurant use on the application site. A number of the representators state that they would object to any supermarket use because of the threat to existing businesses. The occupiers of no. 67 Plasturton Avenue also consider that the proposal would enhance the appeal of Pontcanna as a tourist attraction and a local amenity within the conservation area. A number of representors feel that a restaurant use on the site would enhance the local area.

8. ANALYSIS

8.1 The application raises the following issues.

Land Use Policy

8.2 The existing shop (A1) use of the premises has no protection in policy terms as the application site is located outside a designated shopping centre, as defined by the City of Cardiff Local Plan.

8.3 The Strategic Planning (Policy) officer notes that the site falls within a residential area as defined by the Local Plan. Paragraph 9.3.5 of the Local Plan states that the most appropriate location for A3 food and drink uses is in designated centres. Outside of these centres, proposals for A3 uses have to be assessed carefully against Supplementary Planning Guidance ’Restaurants, Takeaways and Other Food and Drink Uses’, in terms of their impact on residential amenity. So the proposal does not raise any land use policy concerns, subject to an assessment of the impact on residential amenity.

8.4 It is noted that Policy 2.36 of the Cardiff Unitary Development Plan (to 2016) Deposited Written Statement identifies Cathedral Road as a local centre. However the application site adjoins but is not located with the Cathedral Road centre, as defined by the UDP. Notwithstanding this point, Policy 2.36 of the UDP notes that local centres generally retain a residential character and are therefore centres where A3 uses are difficult to accommodate.

8.5 In summary, as the site is located in a residential area, as defined by the Council’s adopted City of Cardiff Local Plan, the existing retail floorspace has no policy protection. But the extant policy framework requires the potential

139 amenity impact of the proposed food and drink (A3) use to be fully considered.

Amenity

8.6 In terms of the proposed change of use of the premises from retail (A1) to food and drink (A3), paragraph 9.3.5 of Policy 49 of the adopted Local Plan is relevant as the application site is located in a residential area, as defined by the Local Plan Proposals Map. Policy 49 notes that outside district and local centres, and the principal shopping area of the city-centre, it is unlikely that food and drink uses will be acceptable where they would result in the loss of amenity and an increase in traffic and nuisance.

8.7 Further guidance is provided in the Council’s adopted “Restaurants, Takeaways and other Food & Drink Uses” Supplementary Planning Guidance note, which, in paragraph 3.1, reiterates that food and drink uses are unlikely to be acceptable within or adjacent to residential areas, if they would cause nuisance and loss of amenity to residents.

8.8 In terms of the impact on residential amenity, the Council’s Pollution Control section have assessed the application against guidance in the adopted “Restaurants, Takeaways and other Food & Drink Uses” SPG and raise an objection on the grounds that the proposal would be likely to have an adverse impact on the amenity of nearby residents by virtue of noise and air nuisance. The objection is in line with guidance in the adopted SPG, which notes that both noise and smell nuisance are considerations that should be assessed when determining planning applications for food and drink use. Paragraph 4.7 of the SPG states that if the level of noise or smell likely to arise from a proposal is such that it would be difficult to resolve through mitigation measures, and especially if residents live immediately adjacent, permission is likely to be refused on the grounds that the proposal would cause unacceptable nuisance to those residents.

8.9 The agent has submitted a supporting letter, which clarifies that the intended use of the unit is a café bar/restaurant opening between 9am and 11pm. The letter confirms that the applicant is aware of the need to address noise and extractor issues, and the agent confirms that the proposal would conform with current Environmental requirements, details of which would be submitted for the Council’s approval. This additional information has been forwarded to the Pollution Control Officer who responds as follows:

“In considering my assessment with respect to the above Planning Application, my objection is made having regard to the Cardiff Council’s approved Supplementary Planning Guidance (SPG) ‘Restaurants Takeaways and other food and drink Uses’, which was approved in June 1996 - specifically paragraphs 3.1; 4.5; 4.6 & 4.7. The premises in question, which

140 lies outside a district/local shopping centre, appears to have residential accommodation immediately above at first floor level; to one side and to the rear. In line with the Supplementary Planning Guidance Notes on Restaurants, Takeaways and other Food and Drink uses an objection was made due to the potential of the proposal affecting the amenities of nearby residential accommodation. In addition I have also had regards to the Planning Guidance (Wales) Technical Advice Note (Wales) 11 ‘Noise’ - specifically paragraph B18 of Annex B. The subsequent information submitted by the agent does not alter my objection to the proposal.”

Crime and Disorder

8.10 South Wales Police have no objection to the proposal providing no takeaway facility is provided, a CCTV system is installed and the premises do not remain open after midnight.

Transport/Parking

8.11 Any comments will be reported to Planning Committee.

Representations

8.12 The representations of support from local residents and Cllr. Gordon are noted. However the application site was previously used as a shop – a wine merchants, “Ballantynes” - and therefore can be used for any purpose within planning Use Class A1 (shops) without the need for planning permission. So the planning system would have no control over any supermarket operator wishing to operate from the application site. It should also be noted that even if planning permission was granted for A3 use on the application site and the permission was implemented, the site could subsequently revert to use as a shop (A1 use) without the need for a planning application by virtue of Permitted Development rights.

8.13 It is the duty of the Local Planning Authority to determine all planning applications against policies in the extant development plan and all other material planning considerations. In terms of this application, the impact on residential amenity is a material consideration and the Pollution Control Officer considers that as the site is located in a residential area, the proposed café bar/restaurant is likely to generate unacceptable noise and smell nuisance for residents.

8.14 The objection from the Pollution Control Officer is significant. It should be noted that a Planning Inspector has recently dismissed an appeal for the change of use of a retail unit to restaurant use at 115-117 Penarth Road

141 (application reference: 10/01772/DCI) - a site located in a residential area, as defined by the City of Cardiff Local Plan - on the basis that the proposal would be likely to result in “the occupiers of neighbouring dwellings experiencing additional and excessive levels of late evening noise and disturbance which would cause significant harm to their living conditions”. Also a recent application (ref: 11/01525/DCI) for the change of use of no. 171-171A King’s Road, Pontcanna (again, a site located in a residential area, as defined by the City of Cardiff Local Plan) from vacant shop to restaurant (A3) use was refused permission on 28/10/2011 based on concerns about noise and smell nuisance. It is considered that these recent decisions, and the concerns expressed by the Council’s Pollution Control Officer, which are supported by the extant policy framework, mean that amenity issues should be given significant weight in the determination of this planning application.

Conclusion

8.15 Based on the above analysis, it is recommended that planning permission be refused.

142 143 144 COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/01761/DCI APPLICATION DATE: 17/10/2011

ED: CATHAYS

APP: TYPE: Full Planning Permission

APPLICANT: Cardiff Council Events Team LOCATION: WINTER WONDERLAND, CITY HALL LAWNS, GORSEDD GARDENS ROAD, CATHAYS PARK PROPOSAL: INSTALLATION OF TEMPORARY ICE RINK AND ASSOCIATED FACILITIES TO INCLUDE CAFE/BAR, CHILDRENS FAIRGROUND RIDES AND SKATE HIRE FACILITIES OVER THE NEXT 3 YEARS (2011-2014) ______

RECOMMENDATION 1: That, subject to no representations being received that raise issues not covered in this report by 25 November 2011, planning permission be GRANTED subject to the following conditions:

1. Unless otherwise agreed in writing by the local planning authority the use hereby permitted for Christmas 2011 / 2012 shall be discontinued on 2 January 2012 and the land restored to its former condition by the 28th February 2012. Reason: The use is of a temporary nature and its long term retention would adversely affect the character and appearance of the Conservation Area and Historic Gardens and would be detrimental to the setting of the Listed Buildings and would therefore be in conflict with Policies 3 and 4 of the Local Plan and Policies 2.51, 2.53 and 2.54 of the Deposit Unitary Development Plan.

2. No works or development shall be undertaken for the Christmas periods 2012/2013 or 2013/2014 until such time as the precise timetable of construction, opening, closing, deconstruction and re- landscaping have been submitted to ands approved in writing by the local Planning Authority. Reason: To ensure that such periods, and content of the fair, which are as yet undetermined, will not be substantially different to those approve for the Christmas period 2011/2012 and will not adversely affect the character and appearance of the Conservation Area and Historic Gardens or setting of the Listed Buildings by virtue of their temporary nature.

RECOMMENDATION 2: That the applicant be asked to consider alternative locations for the fair for future years.

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1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 The application seeks planning permission for the proposed temporary change of use of City Hall Lawns and Gorsedd Gardens for purposes of an open air Christmas fair (‘Winter Wonderland’) for the next three Christmas periods.

1.2 Construction of the event for the 2011/12 Christmas period began on 24th Oct.

1.3 The fair would open on 17th Nov 2011; would close on 2nd January 2012; dismantling would be complete by 13th Jan 2012; and new turf installed by 27th Jan 2012. Lawns would be reopened for public use on 28th February 2012.

It should be noted that Class B in Part 4 of Schedule 2 of the Town and Country Planning General Permitted Development Order 1996 would permit this temporary change of use of the land for a period of 28 days and that planning permission is therefore sought only for the period exceeding this.

1.4 Dates for 2012/13 and 2013/14 Christmas periods are yet to be finalised but would cover similar periods.

2. DESCRIPTION OF SITE

2.1 The proposal relates to the lawns in front of City Hall. Both Gorsedd Gardens and City Hall lawns are designated as Historic Parks / Gardens. The site is located within the Cathays Park Conservation Area and is to the south of the Grade I listed City Hall. Both the City Hall lawns and Gorsedd Gardens include listed statues within their grounds.

2.2 The application site allows for a small projection onto the footway to the south of the City Hall car Park for purposes of an access to the Skate Hire Marquee. The car park in front of City Hall is not included within the application site.

3. SITE HISTORY

3.1 08/01984/C – Planning Permission Granted 15th Nov. 2008 for installation of temporary ice rink and associated facilities to include cafe / bar, children's fairground rides and skate hire facilities over the next 3 years.

3.2 07/2306C – Planning permission granted on 8th November 2008 for the ‘Winter Wonderland’ event on City Hall lawns, between 15th November 2007 and 6th January 2008.

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3.3 06/1966/C – Planning permission granted on 9th November 2006 for “Winter Wonderland” event on City Hall lawns, held from 16th November 2006 to 7th January 2007.

3.4 05/2114/C – Planning permission granted on 21st October 2005 for the “Winter Wonderland” event on City Hall lawns held from 17th November 2005 to 4th January 2006.

3.5 04/2286/C – Planning permission was granted on 17th November 2004 for the ‘Winter Wonderland’ event on City Hall Lawns held from 24th November 2004 to 9th January 2005.

th 3.6 03/2476/C – Planning permission was granted on 24 November 2003 for the ‘Winter Wonderland’ event on City Hall Lawns held from 26th November 2003 to 11th January 2004.

3.7 02/2630/C – Planning permission was granted on 2nd January 2003 for the ‘Winter Wonderland’ event on City Hall Lawns held from 30th November 2002 to 5th January 2003.

4. POLICY FRAMEWORK

4.1 Adopted City of Cardiff Local Plan (January 1996): Policy 3 (Development in Conservation Areas) Policy 4 (Historic Gardens, Parks and Landscapes)

4.2 Deposit Cardiff Unitary Development Plan (October 2003): Policy 2.51 (Statutory Listed Buildings) Policy 2.53 (Conservation Areas) Policy 2.54 (Historic Gardens and Parks)

5. INTERNAL CONSULTEE RESPONSES

5.1 Transportation: Observations awaited/to be reported at Committee 5.2 Waste management: Advise that a commercial contract will be required for waste collection if not managed by the Local Authority 5.3 Pollution Control No comment

5.4 The Central Area Conservation Group object to the proposals as follows:

147 “Completely inappropriate site and, yet again, this is a ‘retrospective application’ which makes the whole process a nonsense. There is no reason why the application could not have been determined in advance of emplacement. If it has to be in front of City Hall, then construction should start past Remembrance Sunday. We request that Planning contact Cadw to transmit our concerns, on all counts. We therefore request that if permission is given it should be for one year only, not the 3 requested.

6. EXTERNAL CONSULTEE RESPONSES

6.1 None.

7. REPRESENTATIONS

7.1 The proposal has been advertised on site and in the local press. No comments have been received.

8. ANALYSIS

8.1 The application has been submitted by the Council’s Events Team.

This application proposes the usual temporary ice rink, skate hire marquee, the Ice café / bar, ‘gallopers’ merry-go-round; helter-skelter; reindeer ride children’s merry-go-round; snow slide; Santa’s train infant ride; hoopla stalls; ancillary structures toilets and enclosures; together with the addition of the new ‘North Star’ a 60m high illuminated tower fitted with 16 suspended ‘swinging’ seats (32 people) which allow elevated rotating views of the City. This feature replaces the usual ‘Big Wheel’ for the 2011/2012 Christmas period. The base of the North Star would be positioned some 25m from the City Hall Portico, near the centre of the fountain apron.

8.2 The proposed perimeter treatment to the Boulevard de Nantes frontage, would be weld mesh fencing, some with fabric screening, and interspersed with Christmas landscaping.

8.3 This year’s fair has added operational features such as an ice melting pit to mitigate against any build-up of ice on the ground / reduce damage to the lawn post event; and an enclosure for an ice rink surfacing machine to improve that facility.

8.4 Policy 2.54 (Historic Gardens and Parks) of the Deposit Unitary Development Plan and Policy 4 of the adopted Local Plan state that development proposals will not be permitted that would unacceptably harm the character, setting or

148 historic value of an historic garden or park. Policies 2.53 (Conservation Areas) and 2.51 (Statutory Listed Buildings) of the Deposit UDP and Policy 3 of the adopted Local Plan identify that proposals should not harm the character or appearance of listed buildings and should not detract from the character of Conservation Areas.

8.5 The Winter Wonderland event has operated outside City Hall for some 10 years now and is seen by some as an established part of the City’s Christmas activities.

However, there remains concern from some parties (the comments of the Conservation Group being noted) that the fair is inappropriately located, and that the disruption of long periods of set-up and even longer periods of reparation, both in respect of their physical impact on the setting of the Civic Centre; cost; and effective removal of a large piece of public open space for some 5 months of the year, are disproportionate to the benefit of the operation of the fair for the six weeks it operates.

8.6 In past years it has been accepted that, whilst the development itself does impact on the Grade 1 listed City Hall, Cathays Park Conservation Area and Historic Park / Garden, that the temporary nature of the use, reparatory measures which are implicit within the application, and benefits to the vitality of the city centre as a whole, were sufficient to grant planning permission.

However, it is considered reasonable in the light of the objection received, to ask the Events Team to consider if there are any alternative venues upon which the fair would be less disruptive.

8.7 It is therefore recommended that planning permission be granted, subject to conditions, which ensure that the land is restored to its previous state once the event has ended for the 2011/12 Christmas period, and a further condition requiring clarification of the events schedule for the 2012/13 and 2013/14 Christmas periods which, together with a second recommendation to the applicant may progress consideration of alternative venues where the fair might have less impact, both physically and in respect of the period in which land is taken out of the public realm.

149 150 LOCAL MEMBER OBJECTION

COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/00425/DCO APPLICATION DATE: 05/04/2011

ED: RHIWBINA

APP: TYPE: Outline Planning Permission

APPLICANT: Mrs Elizabeth Harding LOCATION: 4 GERNANT & PART OF LAND AT 15 CLOS BRYN DERI, RHIWBINA, CARDIFF, CF14 6NA PROPOSAL: DEVELOPMENT OF LARGE REAR AND SIDE GARDEN OF BUNGALOW PLOT FOR RESIDENTIAL USE WITH ACCESS FROM 14 CLOS BRYN DERI AND 15 CLOS BRYN DERI ______

RECOMMENDATION 1: That outline planning permission be GRANTED subject to the following conditions

1. A. Approval of the details of the layout, scale, appearance of the buildings, and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

B. Plans and particulars of the reserved matters referred to in condition 1A above, relating to the siting, design and external appearance of any buildings to be erected, and the landscaping of site, shall be submitted in writing to the local planning authority and shall be carried out as approved.

C. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

D. The development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of the last of the reserved matters to be approved, whichever is the later.

Reasons: A. In accordance with the provisions of Article (3)1 of the Town and Country Planning (General Development Procedure) Order 1995. B. and C. In accordance with the provisions of Section 92 of the Town and Country Planning Act 1990.

2. C1J BREEAM - Stan Overarch Con Post 11/12/10

3. C1K BREEAM - Pre-ComCon Post 11/12/10

151

4. C1L BREEAM - Post Construc Con Post 11/12/10

5. No development shall take place until a scheme for the drainage of the site and any connection to the existing drainage system has been submitted to and approved in writing by the local planning authority. Prior to the submission of the drainage details, ground permeability tests shall be undertaken to ascertain whether sustainable drainage techniques can be utilised and the results of the tests shall be incorporated in the submitted scheme. No part of the development shall be occupied until the scheme is carried out and completed as approved. Reason: To ensure an orderly form of development.

6. The consent relates to the application as amended by the revised plans numbered C483/16C and C483 Rev A (location plan) attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

7. This consent relates to the application as supplemented by the information contained in the letter from the agent dated 31st August, 2011 and 30th September, 2011. Reason: The information provided forms part of the application.

8. The details submitted in pursuance of condition 1 hereof shall have particular regard to the preservation of the amenities and privacy of the occupiers of the adjoining properties. Reason: To ensure that the privacy and amenities of the occupiers of the adjoining properties are protected.

9. No development shall take place until details showing provision within the layout for garage or car parking spaces for each of the proposed dwellings, together with replacement parking for 15 Clos Brynderi, have been submitted to and approved in writing by the local planning authority, including sufficient manoeuvring space. The development shall not be brought into beneficial use until the garages or spaces are laid out in accordance with the approved details and thereafter the garages and/or spaces shall not be used for any purpose other than the parking or vehicles incidental to the enjoyment of the dwelling houses as such. Reason: To make provision for the parking of vehicles clear of the roads so as not to prejudice the safety, convenience and free flow of traffic.

10. Notwithstanding the approved plans, no development shall take place until further construction details of the junctions between the proposed access roads and the adopted highway, (carriageway markings, signage and street lighting) have been submitted to and approved in writing by the local planning authority. The approved access shall be implemented in accordance with the approved details prior to the beneficial occupation of the dwellings hereby approved and thereafter be so retained. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway

152 abutting the site.

11. Prior to commencement of development, a scheme of construction management shall be submitted to and approved by the local planning authority to include details of construction traffic routes, site hoardings, site access, wheel washing facilities and parking of contractors vehicles. The development construction shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity.

12. The proposed development shall be limited to a maximum of two dormer bungalows, as indicated on the revised illustrative layout plan ref. C483/16C, and, that the height of the dwellings shall be comparable at eaves and ridge level to the existing bungalow at 4 Gernant. Reason: To ensure that the proposed development sympathetically reflects the urban form of the area, has due regard to amenities of neighbouring occupiers and permits the retention of trees of amenity value.

13. Unless it is otherwise agreed in writing with the local planning authority, the access within the Root Protection Area of the retained ash tree shall be constructed in accordance with the specification noted on drawing C483/16C. In particular, construction shall be of a ‘no-dig’ type utilising a cellular confinement system and non-fines aggregate to provide a load bearing, water permeable and gas pervious surfacing. No excavation or compaction of existing soils shall be undertaken to construct the access and the final wearing course shall be fully water permeable and gas pervious. Reason: In the interests of visual amenity.

14. The details to be submitted in discharge of condition 1 (landscaping) shall include new tree and hedge planting. Part of the tree planting scheme shall include species capable of long life and large size together with some fruiting trees to maintain the ‘Orchard’ character prevailing currently over much of the site. Reason: In the interests of visual amenity.

15. D7Z Contaminated materials

16. E7Z Imported Aggregates

17. C2F Details of Floor and Ground Levels

RECOMMENDATION 2: That the developer be advised to liaise with the Operational Manager, Highway Operations in order to obtain the necessary licence required to implement the proposed access works subject of condition 10. The applicant is advised that at the detailed planning stage when the full extent of the works associated with this condition are established, it may be necessary to implement these via a S278 Agreement between the Highway Authority and Developer.

153

RECOMMENDATION 3: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

(i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and

(iii) the safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

RECOMMENDATION 5: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 This planning application relates to 4 Gernant; a single storey dwelling occupying a large (0.17 hectare) plot where planning permission is sought for residential development in the rear and side garden.

154

1.2 The application is made in outline with all matters except access reserved for determination at a later stage.

1.3 The application is one of three that have been submitted for the same plot. The Agent advises that as the proposed site is land locked, the applicant is seeking to establish options for gaining access onto the public highway, hence the submission of three separate applications.

1.4 Although the applications are submitted in outline, all are supported by illustrative plans showing how the site might be developed whilst retaining a rear garden approximately 10.5 metres in length with 4 Gernant. The proposals, as initially submitted, were accompanied by drawings showing the sub-division of the site into three plots, depicting two storey dwellings with garages of a similar footprint and scale (7.5 metres suggested maximum height) to those in Clos Brynderi. However, following concerns expressed by officers regarding the potential of the site to accommodate a development of this scale, the illustrative layouts have been amended and now depict a development comprising two dormer bungalows.

1.5 A copy of the layout plan subject of this application is attached to the report. It was initially proposed that access to the site for all three dwellings would be via the private shared cul-de-sac serving nos. 15, 16 and 17 Clos Brynderi, with the garage of no. 15 to be demolished to facilitate the access. The amended layout plan for two dormer bungalows, however, proposed that one of the plots would be accessed in this manner and the other plot would be accessed across a section of the front garden belonging to 14 Clos Brynderi.

1.6 The site contains a variety of trees of varying maturity, including several fruit trees and is also bounded, in part, by hedges. The application proposes the removal of trees to facilitate the development (as shown on the attached tree drawing). The Agent advises that the plan depicts:

(i) the retention of hedging along the north east boundary with 16 Clos Brynderi; (ii) the original field hedge along the rear (north west) boundary with 14 Clos Brynderi retained (other than the area to be opened up for access; (iii) the existing hedging along the south west boundary with 5 Gernant is to be retained; (iv) a group of fruit trees/saplings on the south east boundary with 3 Gernant to be retained.

1.7 The application is supported by a Code for Sustainable Homes Pre- Assessment statement which suggests that the site can achieve CSH level 3 as a minimum and obtain 1 credit under the energy design category Ene1 dwelling emission rate.

2. DESCRIPTION OF SITE

2.1 The application site comprises the large side and rear garden of 4 Gernant; one of nine single storey dwellings arranged in a crescent and sited to the

155 rear of nos. 21 to 29 Beulah Road. Access to the dwellings is via a narrow private road located between 27 and 29 Beulah Road (refer to the attached location plan).

2.2 To the north lies Close Brynderi; a cul-de-sac of seventeen detached two storey dwellings. The application site adjoins the side boundary of no. 16 Clos Brynderi. It incorporates part of the rear garden of no. 15 Clos Brynderi including its garage, together with a small part of the front garden of 14 Clos Brynderi, located to the north west. The garage at no. 15 is attached to the garage of 16 Clos Brynderi.

2.3 The site also adjoins the rear garden of the neighbouring single storey dwelling at 5 Gernant and the side (northern) boundary of the bungalow at 3 Gernant.

2.4 The garden is currently neglected and incorporates several mature and sapling fruit trees together with other tree species and is enclosed, in part, with hedges.

3. SITE HISTORY 3.1 None directly applicable.

4. POLICY FRAMEWORK 4.1 The application site is shown as an existing housing area on the Proposals Map of the City of Cardiff Local Plan. Relevant policies of the Local Plan include:

Policy 11 (Design and Aesthetic Quality) Policy 17 (Parking and Servicing Facilities) Policy 30 (Insensitive or Inappropriate Infilling)

4.2 Deposit Cardiff Unitary Development Plan (October 2003) relevant policies include:

Policy 2.20 (Good Design) Policy 2.24 (Residential Amenity) Policy 2.57 (Access, Circulation and Parking Requirements)

4.3 Supplementary Planning Guidance : Access, Circulation and Parking Supplementary Planning Guidance : Trees and Development. Supplementary Planning Guidance : Design Guidance for Infill Sites Supplementary Planning Guidance : Biodiversity

4.4 Relevant national planning guidance is contained in Planning Policy Wales Edition 4, February 2011, TAN 12 Design and TAN 22 Planning for Sustainable Buildings.

5. INTERNAL CONSULTEE RESPONSES

156 5.1 The Operational Manager, Transportation notes that the amended proposal is for a residential development accessed off Clos Brynderi which will now include two separate points of access being created off a private highway, each serving one of the new dwellings together with the relocation of the garage that serves no. 15 Clos Brynderi. The Officer advises that such an access, in principle, would be considered acceptable at this location.

He notes that two off road car parking spaces for each of the new dwellings are indicatively shown, which complies with the Councils SPG - Access, Circulation and Parking Standards – January 2010.

The Officer advises that there are currently no carriageway markings or associated signage at the existing roundabout to indicate the direction of flow and that there is an existing lighting column at the western access which may require relocating due to the proposed works and which may also require upgrading in order to accommodate the new access proposals at this location.

Mindful of the objection/concerns raised by residents and local members, he advises that a Road Safety Audit was undertaken by the Council’s Transport Projects Team in respect of the original scheme, which proposed three dwellings served off a single point of access, in order to ascertain whether the access proposals would be acceptable on safety grounds. He states that a number of recommendations were put forward which, where appropriate, have been incorporated into the revised scheme or can be addressed by condition. The Officer has concluded that no objections be raised on highway grounds to the application, as amended, subject to the following conditions.

(i) Parking Provision (Dwellings) - No development shall take place until details showing provision within the layout for garage or car parking spaces for each dwelling, have been submitted to and approved in writing by the Local Planning Authority (LPA), including sufficient manoeuvring space. The development shall not be brought into beneficial use until the garages or spaces are laid out in accordance with the approved details and thereafter the garages and/or spaces shall not be used for any purpose other than the parking of vehicles incidental to the enjoyment of the dwelling houses as such. Reason: To make provision for the parking of vehicles clear of the roads so as not to prejudice the safety, convenience and free flow of traffic.

(ii) Details of Access Road Junction - No development shall take place until construction details of the junctions between the proposed access roads and adopted highway, including carriageway markings, signage and street lighting have been submitted to and approved in writing by the LPA. Those details shall be implemented prior to beneficial occupation of the development. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway abutting the site.

(iii) Construction Management Plan - Prior to commencement of development a scheme of construction management shall be submitted to and

157 approved by the LPA to include details of construction traffic routes, site hoardings, site access, wheel washing facilities and parking of contractors vehicles. The development construction shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity.

Informative

(iv) That the developer be advised to liaise with Operational Manager, Highway Operations in order to obtain the necessary licence required to implement the access works conditioned above.

5.2 The Operational Manager, Environment (Pollution Control) advises that he has no objections to the application recommending conditions/informatives D7Z (Imported Materials), E7Z (Imported Aggregates) and R4 Contamination and Unstable Land Advisory Notice.

5.3 The Operational Manager, Drainage Management advises that if the access arrangement serving the proposed development is to remain ‘private’ as opposed to an adopted public highway, the applicant should note that no surface water run off from such an access would be permitted to drain to the public highway at Clos Brynderi or its associated highway drainage system.

He notes that it is currently proposed to drain surface water from the access road(s) and presumably the wider development to a 'main' (Public Sewer). He states that this is likely to be resisted by DCWW and therefore the use of SUDS techniques, including permeable paving or soakaway drainage, should be investigated as a first option.

The Officer advises that any subsequent proposal to discharge surface water directly to the nearby Rhydwaedlyd Brook would require specific consent from the Principal Engineer (Drainage) and, if approved, may be subject to a requirement for discharge flows to be attenuated to a rate determined by the Authority .

The Officer recommends in the light of the above and in order to ensure an orderly development, that the following condition be added to any planning consent that may be granted.

No development shall take place until ground permeability tests have been undertaken to ascertain whether sustainable drainage techniques can be utilised and comprehensive details of a drainage scheme for the disposal of both surface water and foul sewage have been submitted to and approved by the Planning Authority.

The Officer requests that details of this application be forwarded to Dwr Cymru Network Welsh Water Development Consultants for comment.

5.4 The Operational Manager Waste Management advises that waste would have to be collected from Clos Brynderi on specific collection days. The

158 application is referred to the Supplementary Planning Guidance : Waste and Collection and Storage Facilities for further relevant guidance.

6. EXTERNAL CONSULTEES RESPONSES

6.1 Welsh Water/Dwr Cymru recommends drainage conditions to ensure no detriment to the environment, neighbouring occupiers or the Company’s assets. Reference is also drawn to a public sewer crossing the application site (Note: A copy of the Company’s representations have been forwarded to the Agents for their information).

7. REPRESENTATIONS

7.1 In respect of the planning application as initially submitted for consideration, Councillors J Cowan and B Jones objected for the following reasons:

(i) the impact on Clos Brynderi would be detrimental to the residents of this small close and any additional traffic would be problematic; (ii) there is concern that the proposal is in outline without specific detail on exact proportions, number of bedrooms etc. (iii) they are advised that bats live on the application site and request that an appropriate survey to be carried out; (iv) if the application was granted it would set a dangerous precedent.

7.2 A 35 signature petition of objection from residents of Clos Brynderi has been submitted in relation to the planning application. No specific grounds of objection have been stated in the petition.

7.3 Neighbouring occupiers were consulted on the application as initially submitted for consideration. Some 20 letters/emails of objection were received, primarily from residents of Close Brynderi and Gernant.

In summary, the following objections/concerns have been raised:

(i) highway safety/increased traffic nuisance/increased parking pressure in Clos Brynderi. Reference is made to issues with large vehicles such as refuse lorries/emergency vehicles accessing the Close due to the number of parked vehicles in the way. The increased traffic resulting from the development could impact on the ability of children in the Close being able to play safely outside; (ii) loss of trees/hedges/greenery/loss of wildlife habitat; (iii) possible disturbance to bat habitat; (iv) adverse effect on character/appearance of the area; (v) adverse impact on outlook/views from existing dwellings; (vi) concern that as all matters except access are reserved, residents are not able to comment on the appearance, landscaping, scale or layout of the proposals which could have a significant affect on the character of the area; (vii) noise/disturbance/disruption during building works;

159 (viii)it is noted that the applications intend to make use of land which is not adopted by the Council and is owned by neighbouring residents. It is queried why the applicant does not have agreement from the residents concerned; (ix) unacceptable garden grabbing; (x) The current bungalow at no. 4 is considered to be in keeping with the largely homogenous group of bungalows that together with the communal green areas, make up Gernant. There is concern that the visual impact of three 2 storey houses would be out of character with Gernant; (xi) there is concern that if access is denied via Clos Brynderi, it may be sought through Gernant; (xi) devaluation of existing properties; (xii) loss of natural soakaway; (xiii)the proposal is considered to be out of accord with planning policy guidance, e.g. policies 2.20 and 2.24 of the Deposit Cardiff Unitary Development Plan (October 2003), SPG Design Guidance for Infill Sites, SPG on Biodiversity Part 1; (xiv)the development will compromise a low crime, safe play area in Clos Brynderi.

7.4 The owner of 14 Clos Brynderi, whose front garden is in part, included in the application to facilitate access to the site, advises that she strongly objects to the proposal and states that access to her land would be denied.

7.5 The owner/occupier of 15 Clos Brynderi states with regard to planning application 11/425DCO and 11/428DCO that the applicant has no right of access across his property and that he has no intention of providing such access. In summary, he considers that the proposals would significantly destroy and harm the local landscape and ecology and would create access and parking issues. He states that the applications would leave his property as a virtual island between roads and that application 11/425/DCO would necessitate the demolition of his garage and that of his neighbour at no. 16. He states that the current ecology of the site allows for a large area of soakaway and water uptake from the trees on the site.

7.6 Comments have been received on behalf of the Rhiwbina Civic Society. In summary, the representation considers the main concern of those living close to the site to be loss of privacy and the threat of being overlooked. It states that any detailed planning application would need to incorporate sufficient screening so as to reduce as far as possible, the loss of privacy that might ensue from the development. The Society considers that the appearance of new housing often leaves a great deal to be desired and it would like an assurance that the character of any potential houses would be in keeping with the other properties in the area.

7.7 Local Members and neighbouring occupiers have been consulted on amended plans proposing two dormer bungalows on the site.

7.8 Some 20 further letters of objection have been received in response to this re- consultation The objections generally replicate the concerns expressed in

160 relation to the scheme as initially submitted, and, in summary, relate to the following matters:

(i) access/traffic and parking concerns. The access proposals are considered to be impractical, both during construction and thereafter. Access relies on land in the ownership of nos. 14 and 15 Clos Brynderi, the occupiers of which are opposed to the proposals. No traffic impact assessment has been submitted. Clos Brynderi, is already congested at times with many cars parked in the road and problems causes for refuse and emergency vehicles. It is considered that the proposed development would add to existing problems. A shingle road surface is considered to be impractical; (ii) adverse effect on landscape/trees and fauna including birds, bats, and amphibians. The current ecology of the site allows for a large area of the soakaway and water uptake from trees; (iii) adverse effect on Gernant, considered to be a unique group of bungalows which have been kept in their traditional form over the years. The proposal would dramatically change the character of Gernant for the worse. The view on entering the Close would be changed with the dwellings being visible and out of context, creating a cramped development; (iv) adverse effects on neighbouring/nearby occupiers (overshadowing. overlooking); (v) adverse effect on views from Clos Brynderi; (vi) noise/disturbance during construction and from the activities of future occupiers; (vii) drainage/flooding concerns. Impact on surface water drainage in the vicinity by hard surfacing a large garden. A resident queries whether the Council would be liable if flooding were to occur at some time in the future. It is suggested investigative land and soil testing should be undertaken before any major decision is made; (viii)as the proposal is in outline, it is not possible to properly assess the true impact on the existing dwelling Clos Brynderi/Gernant; (ix) loss of property value; (x) the owner/occupier of 15 Clos Brynderi reiterates his previous objections pointing out with regard to applications 11/425 and 11/428 that the applicant has no right of access and that he does not intend to provide such access. He is concerned that all three applications would leave his property as an island, between roads. With respect to applications 11/425 and 11/429, he states that the proposed access is via an unadopted road which has been maintained by residents since the construction of Clos Brynderi. He states that the access to the unadopted roads is already restricted; (xii)where large gardens exist, they should be cherished for their increased biodiversity; (xiii)A resident states that this is a Gernant application and that access should be from Gernant where traffic flows are considerably lighter than at Clos Brynderi.

161 7.9 Further to consultation on the amended plans, Councillors J Cowan and B Jones have requested a site visit so that Members of Planning Committee can view the site prior to the determination of the application. They consider the proposed development to be unneighbourly and an over development of the site which would be out of keeping and detrimental to the street scene. They also express concerns about additional traffic and believe that the proposal, if approved, could set a precedent for future applications.

8. ANALYSIS

8.1 Outline planning permission is sought for the residential development of the large rear and side garden at 4 Gernant, Rhiwbina. The application one of three applications for the same plot. The agent advises that the reason for the three applications is that the site is land locked and the applicant is seeking to establish options for gaining permissible access into the site from the public highway.

8.2 It is evident that the owners of nos. 14 and 15 Clos Brynderi have both objected to the proposed developments which rely on land owned by them. This, however, does not preclude the positive determination of the planning applications provided the schemes are considered to be acceptable on planning grounds. Whether or not the applicant owns the land is not a material consideration in determining planning application. Were the application to be favourably determined, it would be for the applicant to resolve any access issues with the owners.

8.3 The main planning issues are considered to relate to:

(i) the likely effect of the proposed development on the character and appearance of the area; (ii) the likely effect on the amenities/living conditions of neighbouring occupiers and future residents of the development; (iii) the affect on trees and ecology; (iv) the acceptability of the development in terms of highway safety/parking.

8.4 All matters of detail are reserved for subsequent approval save for access which is to be considered at this stage.

8.5 The proposal as initially submitted was accompanied by drawings showing the sub-division of the site into three plots, depicting two storey dwellings and garages, with a view to illustrating the feasibility of such a development. Access serving all three dwellings was to be via the cul-de-sac serving nos. 15, 16 and 17 Clos Brynderi and involved the removal of the garage at no. 15, which is also attached to the garage of 16 Clos Brynderi.

8.6 In support of the proposal, the DAS indicated that the plots (varying from 0.022 ha to 0.33 ha) would be compatible or generally larger than the plots in Clos Brynderi. It was also indicated that the scale and massing of the proposed dwellings would be comparable to the dwellings at Clos Brynderi, which are typically 3 or 4 bedroom detached two storey family houses. Whilst

162 the application proposed the removal of several trees within the site (none of which are protected) the scheme sought to retain many of the existing trees and boundary hedges.

8.7 With regard to the effect of the proposal on the character and visual impact of the street scene, it is important that any development is appropriate for the site and its wider setting. Whilst the proposal is to be accessed from Clos Brynderi, the impact of the development is considered to be equally important in relation to its effect on Gernant, which is characterised by single storey dwellings set within more generous plots.

8.8 Concern was subsequently expressed to the Applicant’s agent regarding to the potential of the site to accommodate the scale of development shown on the illustrative plan, having regard to proximity of neighbouring dwellings and the requirement to protect residential amenity, the need to respect the low rise scale and character of Gernant, and the desire to retain existing landscaping were appropriate, and provide some opportunity for replacement planting.

8.9 Consequently, the illustrative layout subject of the current application has been amended and now depicts a development comprising two dormer bungalows compatible in terms of eaves and ridge height to the existing Gernant dwelling at 4 Gernant. The access arrangements have also been revised with the north western plot shown to access Clos Brynderi across a small section of the front garden belonging to 14 Clos Brynderi and the south eastern, plot, accessed via the cul de sac serving nos. 15, 16 and 17 Clos Brynderi, as described in paragraph 8.5 above. The layout provides for replacement parking for the lost garage space at no.15.

8.10 The reduction in the number of dwellings from three to two and in their scale from two storeys to single storey with dormers is considered to be more appropriate from a design perspective having regard to the site context.

8.11 The proposed plots compare favourably in size with most of those in Clos Brynderi and are similar in area to nos. 2 and 3 Gernant. The bungalows at Gernant occupy plots of varying size and it is evident that No. 4 is by far the largest. The application proposes to retain a plot at no. 4 which would not be dissimilar in size to its neighbours at nos. 2 and 3 Gernant and which is considered to provide adequate amenity space for its occupants.

8.12 The application will necessitate the removal of the garage at the rear of 15 Clos Brynderi, which forms half of a pitched roof, double garage block, shared with 16 Clos Brynderi. Although its demolition would leave the retained garage and a mono pitched structure, it is not considered that this would be unacceptable on design grounds as the building is not prominent in the street scene.

8.13 With respect to the visual impact of the proposed development from the ‘public’ realm of Gernant, views would primarily comprise glimpses of single storey dwellings comparable in scale to the existing bungalows. The illustrative proposal indicate that there would be no dormer windows in the

163 roof planes facing towards the rear of no. 4. Having regard to the screening effect of adjacent houses and proposed retained landscaping, it is not considered that the proposed dormer bungalows would impact prominently in the street scene, viewed from Clos Brynderi.

8.14 With regard to the concern that the proposed access road would to some degree have an isolating effect on 15 Clos Brynderi, this would not be dissimilar to any detached dwelling in a corner plot flanked by detached dwellings with their own private drives. In this case, it is proposed that the access, in terms of its construction should not appear over-engineered, with a gravel filled cellular system proposed to provide a low visual impact.

8.15 With respect to the effect of the proposed development on the amenities of neighbouring occupiers, it is considered that two dormer bungalow of a scale comparable to the existing dwellings in Gernant, could be sited on the land without having an unduly overbearing or dominating impact. The detailed design and siting of the dwellings would be for a future reserved matters application, the assessment of which would need to carefully consider such matters as the location of any windows within the roof space, to ensure that the privacy of neighbouring occupiers was appropriately safeguarded. At ground floor level it is considered that adequate privacy could be maintained by the provision/retention of solid fencing and landscaping.

8.16 The Operational Manager, Transportation, who is mindful of the objections/concerns raised by residents and local members, has advised that he considers the proposed development (as amended to 2 no. dwellings with two separate points of access) acceptable on highway safety/parking grounds, subject to conditions/informatives outlined in at paragraph 5.1 of this report.

8.17 The proposed development site comprises a neglected garden containing several mature and sapling fruit trees and other tree species. A number of the trees are proposed to be removed to facilitate the proposed development, however, none are protected by Preservation Order.

8.18 The application has been examined by the Tree Officer who has identified certain trees considered worthy of retention on amenity grounds and others that are not desirable for retention in a development context. In this regard, the Officer has identified the desirability of retaining a large Ash tree (T7) located towards Clos Brynderi, adjacent to the proposed access, an apple tree (T5) in the north west corner of the site and Hawthorn (T2) within a group also comprising a willow (T1) and Lawson’s Cypress (T3), next to be boundary with 5 Gernant.

8.19 The amended illustrative layout plan shows the intention to retain these and several others. Specifically, with regard to the large Ash tree (T7), the retention of which is considered important on visual amenity grounds, the Officer has sought further technical information from the Agent to demonstrate that the proposed vehicular access can be constructed without significant

164 detriment to the tree, with the intention to use a no-dig construction method and a cellular confinement system utilising a ‘no fines’ aggregate sub base.

8.20 The illustrative plan is annotated to indicate the general retention/ reinforcement of existing native species hedges. Notwithstanding this intention, in the event that outline planning permission is granted, a detailed landscape scheme will need to be prepared for the site in pursuance of the approval of reserved matters.

8.21 The Ecologist has advised that there is a very low likelihood of any protected species being present on the site, stating that the habitat itself would not qualify as a Site of Importance for Nature Conservation under published Wildlife Sites Guidance Wales.

8.22 The Officer advises that all species of bats and their roosts (whether occupied or vacant), are protected through European legislation and that in order to fully implement protection it is necessary to consider both the likelihood of their presence and the affect the development would have on the sustainability of the population. Guidelines for assessing the likelihood of bats being present in a structure/tree is set out in paragraph 1.5.17 of the Council’s Biodiversity Supplementary Planning Guidance. The Officer considers that the trees on the site have low potential for bat roosts and that the presence of bats feeding in the area would not unexpected. The Officer concludes that the loss of feeding area resulting from the development would not have a detrimental affect on the population. Having regard to the low likelihood that bats are roosting in the trees and the minimal loss of feeding area, the Officer considers that it would be inappropriate to request a bat survey from the applicant.

8.23 Residents concerns regarding site drainage are noted, however, no objections have been raised to the proposed development by the Council’s Operational Manager, Drainage Management or Welsh Water/Dwr Cymru on drainage grounds subject to the attachment of an appropriate drainage condition (refer to paragraphs 5.2 and 6.1).

8.24 On balance, it is considered that the proposed development, as amended, is acceptable on planning grounds and that outline planning permission for the development of two dormer bungalows on the site should be granted, subject to the attached conditions.

165 166 167 168 169 170 LOCAL MEMBER OBJECTION

COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/428/DCO APPLICATION DATE: 05/04/2011

ED: RHIWBINA

APP: TYPE: Outline Planning Permission

APPLICANT: Mrs Elizabeth Harding LOCATION: 4 GERNANT & PART OF LAND AT 14 & 15 CLOS BRYN DERI, RHIWBINA, CARDIFF, CF14 6NA PROPOSAL: DEVELOPMENT OF LARGE REAR AND SIDE GARDEN OF BUNGALOW PLOT FOR RESIDENTIAL USE WITH ACCESS FROM 14 & 15 CLOS BRYN DERI ______

RECOMMENDATION 1: That outline planning permission be GRANTED subject to the following conditions:

1. A. Approval of the details of the layout, scale, appearance of the buildings, and the landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

B. Plans and particulars of the reserved matters referred to in condition 1A above, relating to the siting, design and external appearance of any buildings to be erected, and the landscaping of site, shall be submitted in writing to the local planning authority and shall be carried out as approved.

C. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

D. The development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of the last of the reserved matters to be approved, whichever is the later.

Reasons: A. In accordance with the provisions of Article (3)1 of the Town and Country Planning (General Development Procedure) Order 1995. B. and C. In accordance with the provisions of Section 92 of the Town and Country Planning Act 1990.

2. C1J BREEAM - Stan Overarch Con Post 11/12/10

3. C1K BREEAM - Pre-ComCon Post 11/12/10

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4. C1L BREEAM - Post Construc Con Post 11/12/10

5. No development shall take place until a scheme for the drainage of the site and any connection to the existing drainage system has been submitted to and approved in writing by the local planning authority. Prior to the submission of the drainage details, ground permeability tests shall be undertaken to ascertain whether sustainable drainage techniques can be utilised and the results of the tests shall be incorporated in the submitted scheme. No part of the development shall be occupied until the scheme is carried out and completed as approved. Reason: To ensure an orderly form of development.

6. The consent relates to the application as amended by the revised plans numbered C483/12C attached to and forming part of this planning application. Reason: The plans amend and form part of the application

7. This consent relates to the application as supplemented by the information contained in the letter from the agent dated 31st August, 2011 and 30th September, 2011. Reason: The information provided forms part of the application.

8. The details submitted in pursuance of condition 1 hereof shall have particular regard to the preservation of the amenities and privacy of the occupiers of the adjoining properties. Reason : To ensure that the privacy and amenities of the occupiers of the adjoining properties are protected.

9. No development shall take place until details showing provision within the layout for garage or car parking spaces for each dwelling have been submitted to and approved in writing by the local planning authority, including sufficient manoeuvring space. The development shall not be brought into beneficial use until the garages or spaces are laid out in accordance with the approved details and thereafter the garages and/or spaces shall not be used for any purpose other than the parking or vehicles incidental to the enjoyment of the dwelling houses as such. Reason: To make provision for the parking of vehicles clear of the roads so as not to prejudice the safety, convenience and free flow of traffic.

10. Notwithstanding the approved plans, no development shall take place until further construction details of the junction between the proposed access road and the adopted highway, (including carriageway markings, signage and street lighting) have been submitted to and approved in writing by the local planning authority. The approved access shall be implemented in accordance with the approved details prior to the beneficial occupation of the dwellings hereby approved and thereafter be so retained. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway

172 abutting the site.

11. Prior to commencement of development, a scheme of construction management shall be submitted to and approved by the local planning authority to include details of construction traffic routes, site hoardings, site access, wheel washing facilities and parking of contractors vehicles. The development construction shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity.

12. The proposed development shall be limited to a maximum of two dormer bungalows, as indicated on the revised illustrative layout plan ref. C483/12C and that the height of the dwellings shall be comparable at eaves and ridge level to the existing bungalow at 4 Gernant. Reason: To ensure that the proposed development sympathetically reflects the urban form of the area, has due regard to amenities of neighbouring occupiers and permits the retention of trees of amenity value.

13. Unless it is otherwise agreed in writing with the local planning authority, the access within the Root Protection Area of the retained ash tree shall be constructed in accordance with the specification noted on drawing C483/16C. in particular, construction shall be of a ‘no-dig’ type utilising a cellular confinement system and non-fines aggregate to provide a load bearing, water permeable and gas pervious surfacing. No excavation or compaction of existing soils shall be undertaken to construct the access and the final wearing course shall be fully water permeable and gas pervious. Reason: To ensure for the retention of the tree in the interests of visual amenity.

14. D7Z Contaminated materials

15. E7Z Imported Aggregates

16. C2F Details of Floor and Ground Levels

RECOMMENDATION 2: That the developer be advised to liaise with the Operational Manager, Highway Operations in order to obtain the necessary licence required to implement the proposed access works subject of condition 10. The applicant is advised that at the detailed planning stage when the full extent of the works associated with this condition are established, it may be necessary to implement these via a S278 Agreement between the Highway Authority and Developer.

RECOMMENDATION 3: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

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(i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and

(iii) the safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

The local planning authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

RECOMMENDATION 4: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 This planning application relates to 4 Gernant; a single storey dwelling occupying a large (0.17 hectare) plot where planning permission is sought for residential development in the rear and side garden.

1.2 The application is made in outline with all matters except access reserved for determination at a later stage.

1.3 The application is one of three that have been submitted, for the same plot. The Agent advises that as the proposed site is land locked, the applicant is

174 seeking to establish options for gaining access onto the public highway, hence the submission of three separate applications.

1.4 All three applications propose access via Clos Brynderi with the current application proposing access to the site across a small section of the front garden belonging to 14 Clos Brynderi and part of the side/front garden of 15 Clos Brynderi (refer to the attached indicative layout plan).

1.5 Although the applications are submitted in outline, all are supported by illustrative plans showing how the site might be developed whilst retaining a rear garden approximately 10.5 metres in length with 4 Gernant. The proposals, as initially submitted, were accompanied by drawings showing the sub-division of the site into three plots, depicting two storey dwellings with garages of a similar footprint and scale (7.5 metres suggested maximum height) to those in Clos Brynderi. However, following concerns expressed by officers regarding the potential of the site to accommodate a development of this scale, the illustrative layouts have been amended and now depict a development comprising two dormer bungalows. A copy of the layout plan subject of this application is attached to the report.

1.6 The site contains a variety of trees of varying maturity, including several fruit trees and is also bounded, in part, by hedges. The application proposes the removal of trees to facilitate the development (as shown on the attached tree drawing). The Agent advises that the plan depicts:

(i) the retention of hedging along the north east boundary with 16 Clos Brynderi; (ii) the original field hedge along the rear (north west) boundary with 14 Clos Brynderi retained (other than the area to be opened up for access; (iii) the existing hedging along the south west boundary with 5 Gernant is to be retained; (iv) a group of fruit trees/saplings on the south east boundary with 3 Gernant to be retained.

1.7 The application is supported by a Code for Sustainable Homes Pre- Assessment statement which suggests that the site can achieve CSH level 3 as a minimum and obtain 1 credit under the energy design category Ene1 dwelling emission rate.

2. DESCRIPTION OF SITE

2.1 The application site comprises the large side and rear garden of 4 Gernant; one of nine single storey dwellings arranged in a crescent and sited to the rear of nos. 21 to 29 Beulah Road. Access to the dwellings is via a narrow private road located between 27 and 29 Beulah Road (refer to the attached location plan).

2.2 To the north, lies Close Brynderi; a cul-de-sac of seventeen detached two storey dwellings. The application site adjoins the side boundary of no. 16 Clos Brynderi. It incorporates part of the side/rear garden of no. 15 Clos

175 Brynderi together with a small part of the front garden of 14 Clos Brynderi, located to the north west.

2.3 The site also adjoins the rear garden of the neighbouring single storey dwelling at 5 Gernant and the side (northern) boundary of the bungalow at 3 Gernant.

2.4 The garden is currently neglected and incorporates several mature and sapling fruit trees together with other tree species and is enclosed, in part, with hedges.

3. SITE HISTORY

3.1 None directly applicable.

4. POLICY FRAMEWORK

4.1 The application site is shown as an existing housing area on the Proposals Map of the City of Cardiff Local Plan. Relevant policies of the Local Plan include:

Policy 11 (Design and Aesthetic Quality) Policy 17 (Parking and Servicing Facilities) Policy 30 (Insensitive or Inappropriate Infilling)

4.2 Deposit Cardiff Unitary Development Plan (October 2003) relevant policies include:

Policy 2.20 (Good Design) Policy 2.24 (Residential Amenity) Policy 2.57 (Access, Circulation and Parking Requirements)

4.3 Supplementary Planning Guidance : Access, Circulation and Parking Supplementary Planning Guidance : Trees and Development. Supplementary Planning Guidance : Design Guidance for Infill Sites Supplementary Planning Guidance : Biodiversity

4.4 Relevant national planning guidance is contained in Planning Policy Wales Edition 4, February 2011, TAN 12 Design and TAN 22 Planning for Sustainable Buildings.

5. INTERNAL CONSULTEE RESPONSES

5.1 The Operational Manager, Transportation notes that the amended proposal is for a residential development accessed off Clos Brynderi adjacent to the adopted highway which will now serve two dwellings off a 4.5 metre wide access, reducing to 3.0 metres in width after the first 5.0 metres. The Officer advises that such an access, in principle, would be considered acceptable at this location.

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He notes that two off road car parking spaces for each of the new dwellings are indicatively shown, which complies with the Councils SPG - Access, Circulation and Parking Standards – January 2010.

The Officer advises that there are currently no carriageway markings or associated signage at the existing roundabout to indicate the direction of flow and that there is an existing lighting column which may require relocating due to the proposed access works and which may also require upgrading in order to accommodate the new access proposals at this location;

Mindful of the objection/concerns raised by residents and local members, he advises that a Road Safety Audit was undertaken by the Council’s Transport Projects Team in respect of the original scheme, which proposed three dwellings served off a single point of access, in order to ascertain whether the access proposals would be acceptable on safety grounds. He states that a number of recommendations were put forward which where appropriate have been incorporated into the revised scheme or can be addressed by condition. The Officer has concluded that no objections be raised on highway grounds to the application, as amended, subject to the following conditions.

(i) Parking Provision (Dwellings) - No development shall take place until details showing provision within the layout for garage or car parking spaces for each dwelling, have been submitted to and approved in writing by the Local Planning Authority (LPA), including sufficient manoeuvring space. The development shall not be brought into beneficial use until the garages or spaces are laid out in accordance with the approved details and thereafter the garages and/or spaces shall not be used for any purpose other than the parking of vehicles incidental to the enjoyment of the dwelling houses as such. Reason: To make provision for the parking of vehicles clear of the roads so as not to prejudice the safety, convenience and free flow of traffic;

(ii) Details of Access Road Junction - No development shall take place until construction details of the junction between the proposed access road and the adopted highway, including carriageway markings, signage and street lighting have been submitted to and approved in writing by the LPA. Those details shall be implemented prior to beneficial occupation of the development. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway abutting the site;

(iii) Construction Management Plan - Prior to commencement of development a scheme of construction management shall be submitted to and approved by the LPA to include details of construction traffic routes, site hoardings, site access, wheel washing facilities and parking of contractors vehicles. The development construction shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity;

177 Informative

(iv) That the developer be advised to liaise with Operational Manager, Highway Operations in order to obtain the necessary licence required to implement the access works conditioned above. At the detailed stage, when the full extent of the works associated with the above condition are established, it may be necessary to implement these via a S278 Agreement between the Highway Authority and Developer;

5.2 The Operational Manager, Environment (Pollution Control) advises that he has no objections to the application recommending conditions/informatives D7Z (Imported Materials), E7Z (Imported Aggregates) and R4 Contamination and Unstable Land Advisory Notice.

5.3 The Operational Manager, Drainage Management advises that if the access arrangement serving the proposed development is to remain ‘private’ as opposed to an adopted public highway, the applicant should note that no surface water run off from such an access would be permitted to drain to the public highway at Clos Bryn Deri or its associated highway drainage system.

He notes that it is currently proposed to drain surface water from the access road(s) and presumably the wider development to a 'main' (Public Sewer). He states that this is likely to be resisted by DCWW and therefore the use of SUDS techniques, including permeable paving or soakaway drainage, should be investigated as a first option.

The Officer advises that any subsequent proposal to discharge surface water directly to the nearby Rhydwaedlyd Brook would require specific consent from the Principal Engineer (Drainage) and, if approved, may be subject to a requirement for discharge flows to be attenuated to a rate determined by the Authority .

The Officer recommends in the light of the above and in order to ensure an orderly development, that the following condition be added to any planning consent that may be granted.

No development shall take place until ground permeability tests have been undertaken to ascertain whether sustainable drainage techniques can be utilised and comprehensive details of a drainage scheme for the disposal of both surface water and foul sewage have been submitted to and approved by the Planning Authority.

The Officer requests that details of this application be forwarded to Dwr Cymru Network Welsh Water Development Consultants for comment.

5.4 The Operational Manager Waste Management advises that waste would have to be collected from Clos Brynderi on specific collection days. The application is referred to the Supplementary Planning Guidance : Waste and Collection and Storage Facilities for further relevant guidance.

178 6. EXTERNAL CONSULTEES RESPONSES

6.1 Welsh Water/Dwr Cymru recommends drainage conditions to ensure no detriment to the environment, neighbouring occupiers or the Company’s assets. Reference is also drawn to a public sewer crossing the application site (Note: A copy of the Company’s representations have been forwarded to the Agents for their information).

7. REPRESENTATIONS

7.1 In respect of the planning application as initially submitted for consideration, Councillors J Cowan and B Jones objected for the following reasons:

(i) the impact on Clos Brynderi would be detrimental to the residents of this small close and any additional traffic would be problematic; (ii) there is concern that the proposal is in outline without specific detail on exact proportions, number of bedrooms etc. (iii) they are advised that bats live on the application site and request that an appropriate survey to be carried out; (iv) if the application was granted it would set a dangerous precedent.

7.2 A 35 signature petition of objection from residents of Clos Brynderi has been submitted in relation to the planning application. No specific grounds of objection have been stated in the petition.

7.3 Neighbouring occupiers were consulted on the application as initially submitted for consideration. Some 20 letters/emails of objection were received, primarily from residents of Close Brynderi and Gernant.

In summary, the following objections/concerns have been raised:

(i) highway safety/increased traffic nuisance/increased parking pressure in Clos Brynderi. Reference is made to issues with large vehicles such as refuse lorries/emergency vehicles accessing the Close due to the number of parked vehicles in the way. The increased traffic resulting from the development could impact on the ability of children in the Close being able to play safely outside; (ii) loss of trees/hedges/greenery/loss of wildlife habitat; (iii) possible disturbance to bat habitat; (iv) adverse effect on character/appearance of the area; (v) adverse impact on outlook/views from existing dwellings; (vi) concern that as all matters except access are reserved, residents are not able to comment on the appearance, landscaping, scale or layout of the proposals which could have a significant affect on the character of the area; (vii) noise/disturbance/disruption during building works; (viii)it is noted that the applications intend to make use of land which is not adopted by the Council and is owned by neighbouring residents. It is queried why the applicant does not have agreement from the residents concerned;

179 (ix) unacceptable garden grabbing; (x) The current bungalow at no. 4 is considered to be in keeping with the largely homogenous group of bungalows that together with the communal green areas, make up Gernant. There is concern that the visual impact of three 2 storey houses would be out of character with Gernant; (xi) there is concern that if access is denied via Clos Brynderi, it may be sought through Gernant; (xi) devaluation of existing properties; (xii) loss of natural soakaway; (xiii)the proposal is considered to be out of accord with planning policy guidance, e.g. policies 2.20 and 2.24 of the Deposit Cardiff Unitary Development Plan (October 2003), SPG Design Guidance for Infill Sites, SPG on Biodiversity Part 1; (xiv)the development will compromise a low crime, safe play area in Clos Brynderi.

7.4 The owner of 14 Clos Bryn Deri, whose front garden, in part, is included in applications 11/428DCO and 11/429DCO (to facilitate access to the site), advises that she strongly objects to the proposal and states that access to her land would be denied.

7.5 The owner/occupier of 15 Clos Brynderi states with regard to planning application 11/425DCO and 11/428DCO that the applicant has no right of access across his property and that he has no intention of providing such access. In summary, he considers that the proposals would significantly destroy and harm the local landscape and ecology and would create access and parking issues. He states that the applications would leave his property as a virtual island between roads. He states that the current ecology of the site allows for a large area of soakaway and water uptake from the trees on the site.

7.6 Comments have been received on behalf of the Rhiwbina Civic Society. In summary, the representation considers the main concern of those living close to the site to be loss of privacy and the threat of being overlooked. It states that any detailed planning application would need to incorporate sufficient screening so as to reduce as far as possible, the loss of privacy that might ensue from the development. The Society considers that the appearance of new housing often leaves a great deal to be desired and it would like an assurance that the character of any potential houses would be in keeping with the other properties in the area.

7.7 Local Members and neighbouring occupiers have been consulted on amended plans proposing two dormer bungalows on the site.

7.8 Some 19 further letters of objection have been received in response to this re- consultation The objections generally replicate the concerns expressed in relation to the scheme as initially submitted, and, in summary, relate to the following matters:

180 (i) access/traffic and parking concerns. The access proposals are considered to be impractical, both during construction and thereafter. Access relies on land in the ownership of nos. 14 and 15 Clos Brynderi, the occupiers of which are opposed to the proposals. No traffic impact assessment has been submitted. Clos Brynderi, is already congested at times with many cars parked in the road and problems causes for refuse and emergency vehicles. It is considered that the proposed development would add to existing problems. A shingle road surface would be impractical; (ii) adverse effect on landscape/trees and fauna including birds, bats, and amphibians. The current ecology of the site allows for a large area of the soakaway and water uptake from trees. (iii) adverse effect on Gernant, considered to be a unique group of bungalows which have been kept in their traditional form over the years. The proposal would dramatically change the character of Gernant for the worse. The view on entering the Close would be changed with the dwellings being visible and out of context, creating a cramped development. (iv) adverse effects on neighbouring/nearby occupiers (overshadowing. overlooking). (v) adverse effect on views from Clos Brynderi. (vi) noise/disturbance during construction and from the activities of future occupiers. (vii) drainage/flooding concerns. Impact on surface water drainage in the vicinity by hard surfacing a large garden. A resident queries whether the Council would be liable if flooding were to occur at some time in the future. It is suggested investigative land and soil testing should be undertaken before any major decision is made. (viii)as the proposal is in outline, it is not possible to properly assess the true impact on the existing dwelling Clos Brynderi/Gernant. (ix) loss of property value; (x) the owner/occupier of 15 Clos Brynderi reiterates his previous objections pointing out with regard to applications 11/425 and 11/428 that the applicant has no right of access and that he does not intend to provide such access. He is concerned that all three applications would leave his property as an island, between roads. (xii)Where large gardens exist, they should be cherished for their increased biodiversity. (xiii)A resident states that this is a Gernant application and that access should be from Gernant where traffic flows are considerably lighter than at Clos Brynderi.

7.9 Further to consultation on the amended plans, Councillors J Cowan and B Jones have requested a site visit so that Members of Planning Committee can view the site prior to the determination of the application. They consider the proposed development to be unneighbourly and an over development of the site which would be out of keeping and detrimental to the street scene. They also express concerns about additional traffic and believe that the proposal, if approved, could set a precedent for future applications.

181 8. ANALYSIS

8.1 Outline planning permission is sought for the residential development of the large rear and side garden at Gernant, Rhiwbina. The application is one of three applications for the same plot. The agent advises that the reason for the three applications is that the site is land locked and the applicant is seeking to establish options for gaining permissible access into the site from the public highway.

8.2 It is evident that the owners of nos. 14 and 15 Clos Brynderi have both objected to the proposed developments which rely on land owned by them. This, however, does not preclude the positive determination of the planning applications provided the schemes are considered to be acceptable on planning grounds. Whether or not the applicant owns the land is not a material consideration in determining planning application. Were the application to be favourably determined, it would be for the applicant to resolve any access issues with the owners.

8.3 The main planning issues are considered to relate to:

(i) the likely effect of the proposed development on the character and appearance of the area; (ii) the likely effect on the amenities/living conditions of neighbouring occupiers and future residents of the development; (iii) the affect on trees and ecology; (iv) the acceptability of the development in terms of highway safety/parking.

8.4 The current application proposes vehicular access onto Clos Brynderi across land in the ownership of nos. 14 and 15 Clos Brynderi. All matters of detail are reserved for subsequent approval save for access which is to be considered at this stage.

8.5 The proposal as initially submitted was accompanied by drawings showing the sub-division of the site into three plots, depicting two storey dwellings and garages, with a view to illustrating the feasibility of such a development.

8.6 In support of the proposal, the DAS indicated that the plots (varying from 0.022 ha to 0.33 ha) would be compatible or generally larger than the plots in Clos Brynderi. It was also indicated that the scale and massing of the proposed dwellings would be comparable to the dwellings at Clos Brynderi, which are typically 3 or 4 bedroom detached two storey family houses. Whilst the application proposed the removal of several trees within the site (none of which are protected) the scheme sought to retain many of the existing trees and boundary hedges.

8.7 With regard to the effect of the proposal on the character and visual impact of the street scene, it is important that any development is appropriate for the site and its wider setting. Whilst the proposal is to be accessed from Clos Brynderi, the impact of the development is considered to be equally important

182 in relation to its effect on Gernant, which is characterised by single storey dwellings set within more generous plots.

8.8 Concern was subsequently expressed to the Applicant’s agent regarding to the potential of the site to accommodate the scale of development shown on the illustrative plan, having regard to proximity of neighbouring dwellings and the requirement to protect residential amenity, the need to respect the low rise scale and character of Gernant, and the desire to retain existing landscaping were appropriate, and provide some opportunity for replacement planting.

8.9 Consequently, the illustrative layout has been amended and now depicts a development comprising two dormer bungalows compatible in terms of eaves and ridge height to the existing Gernant dwelling at 4 Gernant..

8.10 The reduction in the number of dwellings from three to two and in their scale from two storeys to single storey with dormers is considered to be more appropriate from a design perspective having regard to the site context.

8.11 The proposed plots compare favourably in size with most of those in Clos Brynderi and are similar in area to nos. 2 and 3 Gernant. The bungalows at Gernant occupy plots of varying size and it is evident that No. 4 is by far the largest. The application proposes to retain a plot at no. 4 which would not be dissimilar in size to its neighbours at nos. 2 and 3 Gernant and which is considered to provide adequate amenity space for its occupants.

8.12 With respect to the visual impact of the proposed development from the ‘public’ realm of Gernant, views would primarily comprise glimpses of single storey dwellings comparable in scale to the existing bungalows. The illustrative proposal indicate that there would be no dormer windows in the roof planes facing towards the rear of no. 4. Having regard to the screening effect of adjacent houses and proposed retained landscaping, it is not considered that the proposed dormer bungalows would impact prominently in the street scene, viewed from Clos Brynderi.

8.13 With regard to the concern that the proposed access road would to some degree have an isolating effect on 15 Clos Brynderi, this would not be dissimilar to any detached dwelling in a corner plot flanked by detached dwellings with their own private drives. In this case, it is proposed that the access, in terms of its construction should not appear over-engineered, with a gravel filled cellular system proposed to provide a low visual impact. It is also noteworthy that the Agent advises the amount of private amenity space remaining with no. 15, following construction of the road would be comparable to the area enjoyed by the property from its construction up to recently, when the owner of no. 15 purchased an additional parcel from the applicant. The amended layout plan depicts an enhanced hatched area which would be available to add to no. 15, subject to the landowner’s agreement.

8.14 With respect to the effect of the proposed development on the amenities of neighbouring occupiers, it is considered that two dormer bungalows of a scale comparable to the existing dwellings in Gernant, could be sited on the land

183 without having an unduly overbearing or dominating impact. The detailed design and siting of the dwellings would be for a future reserved matters application, the assessment of which would need to carefully consider such matters as the location of any windows within the roof space, to ensure that the privacy of neighbouring occupiers was appropriately safeguarded. At ground floor level it is considered that adequate privacy could be maintained by the provision/retention of solid fencing and landscaping.

8.15 The Operational Manager, Transportation, who is mindful of the objections/concerns raised by residents and local members, has advised that he considers the proposed development (as amended to 2 no. dwellings) to be acceptable on highway safety/parking grounds, subject to conditions/informatives outlined in at paragraph 5.1 of this report.

8.16 The proposed development site comprises a neglected garden containing several mature and sapling fruit trees and other tree species. A number of the trees are proposed to be removed to facilitate the proposed development, however, none are protected by Preservation Order.

8.17 The application has been examined by the Tree Officer who has identified certain trees considered worthy of retention on amenity grounds and others that are not desirable for retention in a development context. In this regard, the Officer has identified the desirability of retaining a large Ash tree (T7) located towards Clos Brynderi, adjacent to the proposed access, an apple tree (T5) in the north west corner of the site and Hawthorn (T2) within a group also comprising a willow (T1) and Lawson’s Cypress (T3), next to be boundary with 5 Gernant.

8.18 The amended illustrative layout plan shows the intention to retain these and several others. Specifically, with regard to the large Ash tree (T7), the retention of which is considered important on visual amenity grounds, the Officer has sought further technical information from the Agent to demonstrate that the proposed vehicular access can be constructed without significant detriment to the tree, with the intention to use a no-dig construction method and a cellular confinement system utilising a no fines aggregate sub base.

8.19 The illustrative plan is annotated to indicate the general retention/ reinforcement of existing native species hedges. Notwithstanding this intention, in the event that outline planning permission is granted, a detailed landscape scheme will need to be prepared for the site in pursuance of the approval of reserved matters.

8.20 The Ecologist has advised that there is a very low likelihood of any protected species being present on the site, stating that the habitat itself would not qualify as a Site of Importance for Nature Conservation under published Wildlife Sites Guidance Wales.

8.21 The Officer advises that all species of bats and their roosts (whether occupied or vacant), are protected through European legislation and that in order to fully implement protection it is necessary to consider both the likelihood of

184 their presence and the affect the development would have on the sustainability of the population. Guidelines for assessing the likelihood of bats being present in a structure/tree is set out in paragraph 1.5.17 of the Council’s Biodiversity Supplementary Planning Guidance. The Officer considers that the trees on the site have low potential for bat roosts and that the presence of bats feeding in the area would not unexpected. The Officer concludes that the loss of feeding area resulting from the development would not have a detrimental affect on the population. Having regard to the low likelihood that bats are roosting in the trees and the minimal loss of feeding area, the Officer considers that it would be inappropriate to request a bat survey from the applicant.

8.22 Residents concerns regarding site drainage are noted, however, no objections have been raised to the proposed development by the Council’s Operational Manager, Drainage Management or Welsh Water/Dwr Cymru on drainage grounds subject to the attachment of an appropriate drainage condition (refer to paragraphs 5.2 and 6.1).

8.23 On balance, it is considered that the proposed development, as amended, is acceptable on planning grounds and that outline planning permission for the development of two dormer bungalows on the site should be granted, subject to the attached conditions.

185 186 187 188 189 190 LOCAL MEMBER OBJECTION

COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/429/DCO APPLICATION DATE: 05/04/2011

ED: RHIWBINA

APP: TYPE: Outline Planning Permission

APPLICANT: Mrs Elizabeth Harding LOCATION: 4 GERNANT & PART OF LAND AT 14 CLOS BRYN DERI, RHIWBINA, CARDIFF, CF14 6NA PROPOSAL: DEVELOPMENT OF LARGE REAR AND SIDE GARDEN OF BUNGALOW PLOT FOR RESIDENTIAL USE WITH ACCESS FROM 14 CLOS BRYN DERI ______

RECOMMENDATION 1: That outline planning permission be GRANTED subject to the following conditions:

1. A. Approval of the details of the layout, scale, appearance of the buildings, and the landscaping of the site (hereinafter called “the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

B. Plans and particulars of the reserved matters referred to in condition 1A above, relating to the siting, design and external appearance of any buildings to be erected, and the landscaping of site, shall be submitted in writing to the local planning authority and shall be carried out as approved.

C. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

D. The development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of the last of the reserved matters to be approved, whichever is the later.

Reasons: A. In accordance with the provisions of Article (3)1 of the Town and Country Planning (General Development Procedure) Order 1995. B. and C. In accordance with the provisions of Section 92 of the Town and Country Planning Act 1990.

2. C1J BREEAM - Stan Overarch Con Post 11/12/10

3. C1K BREEAM - Pre-ComCon Post 11/12/10

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4. C1L BREEAM - Post Construc Con Post 11/12/10

5. No development shall take place until a scheme for the drainage of the site and any connection to the existing drainage system has been submitted to and approved in writing by the local planning authority. Prior to the submission of the drainage details, ground permeability tests shall be undertaken to ascertain whether sustainable drainage techniques can be utilised and the results of the tests shall be incorporated in the submitted scheme. No part of the development shall be occupied until the scheme is carried out and completed as approved. Reason: To ensure an orderly form of development.

6. The consent relates to the application as amended by the revised plans numbered C483/14C attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

7. This consent relates to the application as supplemented by the information contained in the letter from the agent dated 31st August, 2011 and 30th September, 2011. Reason: The information provided forms part of the application.

8. The details submitted in pursuance of condition 1 hereof shall have particular regard to the preservation of the amenities and privacy of the occupiers of the adjoining properties. Reason: To ensure that the privacy and amenities of the occupiers of the adjoining properties are protected.

9. No development shall take place until details showing provision within the layout for garage or car parking spaces for each dwelling have been submitted to and approved in writing by the local planning authority, including sufficient manoeuvring space. The development shall not be brought into beneficial use until the garages or spaces are laid out in accordance with the approved details and thereafter the garages and/or spaces shall not be used for any purpose other than the parking or vehicles incidental to the enjoyment of the dwelling houses as such. Reason: To make provision for the parking of vehicles clear of the roads so as not to prejudice the safety, convenience and free flow of traffic.

10. Notwithstanding the approved plans, no development shall take place until further construction details of the junction between the proposed access road and the adopted highway, (carriageway markings, signage and street lighting) have been submitted to and approved in writing by the local planning authority. The approved access shall be implemented in accordance with the approved details prior to the beneficial occupation of the dwellings hereby approved and thereafter be so retained. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway abutting the site.

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11. Prior to commencement of development, a scheme of construction management shall be submitted to and approved by the local planning authority to include details of construction traffic routes, site hoardings, site access, wheel washing facilities and parking of contractors vehicles. The development construction shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity.

12. The proposed development shall be limited to a maximum of two dormer bungalows, as indicated on the revised illustrative layout plan ref. C483/14C, and, that the height of the dwellings shall be comparable at eaves and ridge level to the existing bungalow at 4 Gernant. Reason: To ensure that the proposed development sympathetically reflects the urban form of the area, has due regard to amenities of neighbouring occupiers and permits the retention of trees of amenity value.

13. Unless it is otherwise agreed in writing with the local planning authority, the access within the Root Protection Area of the retained ash tree shall be constructed in accordance with the specification noted on drawing C483/14C. In particular, construction shall be of a ‘no-dig’ type utilising a cellular confinement system and non-fines aggregate to provide a load bearing, water permeable and gas pervious surfacing. No excavation or compaction of existing soils shall be undertaken to construct the access and the final wearing course shall be fully water permeable and gas pervious. Reason: In the interests of visual amenity.

14. The details to be submitted in discharge of condition 1 (landscaping) shall include new tree and hedge planting. Part of the tree planting scheme shall include species capable of long life and large size together with some fruiting trees to maintain the ‘Orchard’ character prevailing currently over much of the site. Reason: In the interests of visual amenity.

15. D7Z Contaminated materials

16. E7Z Imported Aggregates

17. C2F Details of Floor and Ground Levels

RECOMMENDATION 2: That the developer be advised to liaise with the Operational Manager, Highway Operations in order to obtain the necessary licence required to implement the proposed access works subject of condition 10. The applicant is advised that at the detailed planning stage when the full extent of the works associated with this condition are established, it may be necessary to implement these via a S278 Agreement between the Highway Authority and Developer.

193 RECOMMENDATION 3: Applicants be advised that Air Quality in the immediate area exceeds levels specified by the Air Quality Regulations (Wales) 2000 and that occupants of the development who have pre-existing medical conditions that are exacerbated by elevated levels of nitrogen dioxide may suffer adverse health effects as a result.

RECOMMENDATION 4: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 This planning application relates to 4 Gernant; a single storey dwelling occupying a large (0.17 hectare) plot where planning permission is sought for residential development in the rear and side garden.

1.2 The application is made in outline with all matters except access reserved for determination at a later stage.

1.3 The application is one of three that have been submitted, for the same plot. The Agent advises that as the proposed site is land locked, the applicant is seeking to establish options for gaining access onto the public highway, hence the submission of three separate applications.

1.4 All three applications propose access via Clos Brynderi with the current application proposing access to the site across a small section of the front garden belonging to 14 Clos Brynderi (refer to the attached indicative layout plan).

1.5 Although the applications are submitted in outline, all are supported by illustrative plans showing how the site might be developed whilst retaining a rear garden approximately 10.5 metres in length with 4 Gernant. The proposals, as initially submitted, were accompanied by drawings showing the sub-division of the site into three plots, depicting two storey dwellings with garages of a similar footprint and scale (7.5 metres suggested maximum height) to those in Clos Brynderi. However, following concerns expressed by officers regarding the potential of the site to accommodate a development of this scale, the illustrative layouts have been amended and now depict a development comprising two dormer bungalows. A copy of the layout plan subject of this application is attached to the report.

1.6 The site contains a variety of trees of varying maturity, including several fruit trees and is also bounded, in part, by hedges. The application proposes the

194 removal of trees to facilitate the development (as shown on the attached tree drawing). The Agent advises that the plan depicts:

(i) the retention of hedging along the north east boundary with 16 Clos Brynderi; (ii) the original field hedge along the rear (north west) boundary with 14 Clos Brynderi retained (other than the area to be opened up for access; (iii) the existing hedging along the south west boundary with 5 Gernant is to be retained; (iv) a group of fruit trees/saplings on the south east boundary with 3 Gernant to be retained.

1.7 The application is supported by a Code for Sustainable Homes Pre- Assessment statement which suggests that the site can achieve CSH level 3 as a minimum and obtain 1 credit under the energy design category Ene1 dwelling emission rate.

2. DESCRIPTION OF SITE

2.1 The application site comprises the large side and rear garden of 4 Gernant; one of nine single storey dwellings arranged in a crescent and sited to the rear of nos. 21 to 29 Beulah Road. Access to the dwellings is via a narrow private road located between 27 and 29 Beulah Road (refer to the attached location plan).

2.2 To the north, lies Close Brynderi; a cul-de-sac of seventeen detached two storey dwellings. The application site adjoins the side boundary of no. 16 Clos Brynderi. It incorporates part of the side/rear garden of no. 15 Clos Brynderi together with a small part of the front garden of 14 Clos Brynderi, located to the north west.

2.3 The site also adjoins the rear garden of the neighbouring single storey dwelling at 5 Gernant and the side (northern) boundary of the bungalow at 3 Gernant.

2.4 The garden is currently neglected and incorporates several mature and sapling fruit trees together with other tree species and is enclosed, in part, with hedges.

3. SITE HISTORY

3.1 None directly applicable.

4. POLICY FRAMEWORK

4.1 The application site is shown as an existing housing area on the Proposals Map of the City of Cardiff Local Plan. Relevant policies of the Local Plan include:

Policy 11 (Design and Aesthetic Quality)

195 Policy 17 (Parking and Servicing Facilities) Policy 30 (Insensitive or Inappropriate Infilling)

4.2 Deposit Cardiff Unitary Development Plan (October 2003) relevant policies include:

Policy 2.20 (Good Design) Policy 2.24 (Residential Amenity) Policy 2.57 (Access, Circulation and Parking Requirements)

4.3 Supplementary Planning Guidance : Access, Circulation and Parking Supplementary Planning Guidance : Trees and Development. Supplementary Planning Guidance : Design Guidance for Infill Sites Supplementary Planning Guidance : Biodiversity

4.4 Relevant national planning guidance is contained in Planning Policy Wales Edition 4, February 2011, TAN 12 Design and TAN 22 Planning for Sustainable Buildings.

5. INTERNAL CONSULTEE RESPONSES

5.1 The Operational Manager, Transportation notes that the amended proposal is for a residential development accessed off Clos Brynderi adjacent to a private driveway which will now serve two dwellings off a 4.5 metre wide access, reducing to 3.0 metres in width after the first 5.0 metres. The Officer advises that such an access, in principle, would be considered acceptable at this location.

He notes that two off road car parking spaces for each of the new dwellings are indicatively shown, which complies with the Councils SPG - Access, Circulation and Parking Standards – January 2010.

The Officer advises that there are currently no carriageway markings or associated signage at the existing roundabout to indicate the direction of flow and that there is an existing lighting column which may require relocating due to the proposed access works and which may also require upgrading in order to accommodate the new access proposals at this location;

Mindful of the objection/concerns raised by residents and local members, he advises that a Road Safety Audit was undertaken by the Council’s Transport Projects Team in respect of the original scheme, which proposed three dwellings served off a single point of access, in order to ascertain whether the access proposals would be acceptable on safety grounds. He states that a number of recommendations were put forward which where appropriate have been incorporated into the revised scheme or can be addressed by condition. The Officer has concluded that no objections be raised on highway grounds to the application, as amended, subject to the following conditions.

(i) Parking Provision (Dwellings) - No development shall take place until details showing provision within the layout for garage or car parking

196 spaces for each dwelling, have been submitted to and approved in writing by the Local Planning Authority (LPA), including sufficient manoeuvring space. The development shall not be brought into beneficial use until the garages or spaces are laid out in accordance with the approved details and thereafter the garages and/or spaces shall not be used for any purpose other than the parking of vehicles incidental to the enjoyment of the dwelling houses as such. Reason: To make provision for the parking of vehicles clear of the roads so as not to prejudice the safety, convenience and free flow of traffic;

(ii) Details of Access Road Junction - No development shall take place until construction details of the junction between the proposed access road and the adopted highway, including carriageway markings, signage and street lighting have been submitted to and approved in writing by the LPA. Those details shall be implemented prior to beneficial occupation of the development. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing along the highway abutting the site;

(iii) Construction Management Plan - Prior to commencement of development a scheme of construction management shall be submitted to and approved by the LPA to include details of construction traffic routes, site hoardings, site access, wheel washing facilities and parking of contractors vehicles. The development construction shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity;

Informative

(iv) That the developer be advised to liaise with Operational Manager, Highway Operations in order to obtain the necessary licence required to implement the access works conditioned above.

5.2 The Operational Manager, Environment (Pollution Control) advises that he has no objections to the application recommending conditions/informatives D7Z (Imported Materials), E7Z (Imported Aggregates) and R4 Contamination and Unstable Land Advisory Notice.

5.3 The Operational Manager, Drainage Management advises that if the access arrangement serving the proposed development is to remain ‘private’ as opposed to an adopted public highway, the applicant should note that no surface water run off from such an access would be permitted to drain to the public highway at Clos Bryn Deri or its associated highway drainage system.

He notes that it is currently proposed to drain surface water from the access road(s) and presumably the wider development to a 'main' (Public Sewer). He states that this is likely to be resisted by DCWW and therefore the use of SUDS techniques, including permeable paving or soakaway drainage, should be investigated as a first option.

197 The Officer advises that any subsequent proposal to discharge surface water directly to the nearby Rhydwaedlyd Brook would require specific consent from the Principal Engineer (Drainage) and, if approved, may be subject to a requirement for discharge flows to be attenuated to a rate determined by the Authority .

The Officer recommends in the light of the above and in order to ensure an orderly development, that the following condition be added to any planning consent that may be granted.

No development shall take place until ground permeability tests have been undertaken to ascertain whether sustainable drainage techniques can be utilised and comprehensive details of a drainage scheme for the disposal of both surface water and foul sewage have been submitted to and approved by the Planning Authority.

The Officer requests that details of this application be forwarded to Dwr Cymru Network Welsh Water Development Consultants for comment.

5.4 The Operational Manager Waste Management advises that waste would have to be collected from Clos Brynderi on specific collection days. The application is referred to the Supplementary Planning Guidance : Waste and Collection and Storage Facilities for further relevant guidance.

6. EXTERNAL CONSULTEES RESPONSES

6.1 Welsh Water/Dwr Cymru recommends drainage conditions to ensure no detriment to the environment, neighbouring occupiers or the Company’s assets. Reference is also drawn to a public sewer crossing the application site (Note: A copy of the Company’s representations have been forwarded to the Agents for their information).

7. REPRESENTATIONS

7.1 In respect of the planning application as initially submitted for consideration, Councillors J Cowan and B Jones objected for the following reasons:

(i) the impact on Clos Brynderi would be detrimental to the residents of this small close and any additional traffic would be problematic; (ii) there is concern that the proposal is in outline without specific detail on exact proportions, number of bedrooms etc. (iii) they are advised that bats live on the application site and request that an appropriate survey to be carried out; (iv) if the application was granted it would set a dangerous precedent.

7.2 A 35 signature petition of objection from residents of Clos Brynderi has been submitted in relation to the planning application. No specific grounds of objection have been stated in the petition.

198 7.3 Neighbouring occupiers were consulted on the application as initially submitted for consideration. Some 20 letters/emails of objection were received, primarily from residents of Close Brynderi and Gernant.

In summary, the following objections/concerns have been raised:

(i) highway safety/increased traffic nuisance/increased parking pressure in Clos Brynderi. Reference is made to issues with large vehicles such as refuse lorries/emergency vehicles accessing the Close due to the number of parked vehicles in the way. The increased traffic resulting from the development could impact on the ability of children in the Close being able to play safely outside; (ii) loss of trees/hedges/greenery/loss of wildlife habitat; (iii) possible disturbance to bat habitat; (iv) adverse effect on character/appearance of the area; (v) adverse impact on outlook/views from existing dwellings; (vi) concern that as all matters except access are reserved, residents are not able to comment on the appearance, landscaping, scale or layout of the proposals which could have a significant affect on the character of the area; (vii) noise/disturbance/disruption during building works; (viii)it is noted that the applications intend to make use of land which is not adopted by the Council and is owned by neighbouring residents. It is queried why the applicant does not have agreement from the residents concerned; (ix) unacceptable garden grabbing; (x) The current bungalow at no. 4 is considered to be in keeping with the largely homogenous group of bungalows that together with the communal green areas, make up Gernant. There is concern that the visual impact of three 2 storey houses would be out of character with Gernant; (xi) there is concern that if access is denied via Clos Brynderi, it may be sought through Gernant; (xi) devaluation of existing properties; (xii) loss of natural soakaway; (xiii)the proposal is considered to be out of accord with planning policy guidance, e.g. policies 2.20 and 2.24 of the Deposit Cardiff Unitary Development Plan (October 2003), SPG Design Guidance for Infill Sites, SPG on Biodiversity Part 1; (xiv)the development will compromise a low crime, safe play area in Clos Brynderi.

7.4 The owner of 14 Clos Bryn Deri, whose front garden is, in part, included in the application to facilitate access to the site, advises that she strongly objects to the proposal and states that access to her land would be denied.

7.5 The owner/occupier of 15 Clos Brynderi states with regard to planning application 11/425DCO and 11/428DCO that the applicant has no right of access across his property and that he has no intention of providing such access. In summary, he considers that the proposals would significantly destroy and harm the local landscape and ecology and would create access

199 and parking issues. He states that the applications would leave his property as a virtual island between roads. He states that the current ecology of the site allows for a large area of soakaway and water uptake from the trees on the site.

7.6 Comments have been received on behalf of the Rhiwbina Civic Society. In summary, the representation considers the main concern of those living close to the site to be loss of privacy and the threat of being overlooked. It states that any detailed planning application would need to incorporate sufficient screening so as to reduce as far as possible, the loss of privacy that might ensue from the development. The Society considers that the appearance of new housing often leaves a great deal to be desired and it would like an assurance that the character of any potential houses would be in keeping with the other properties in the area.

7.7 Local Members and neighbouring occupiers have been consulted on amended plans proposing two dormer bungalows on the site.

7.8 19 further letters of objection have been received in response to this re- consultation. The objections generally replicate the concerns expressed in relation to the scheme as initially submitted, and, in summary, relate to the following matters:

(i) access/traffic and parking concerns. The access proposals are considered to be impractical, both during construction and thereafter. Access relies on land in the ownership of nos. 14 and 15 Clos Brynderi, the occupiers of which are opposed to the proposals. No traffic impact assessment has been submitted. Clos Brynderi, is already congested at times with many cars parked in the road and problems causes for refuse and emergency vehicles. It is considered that the proposed development would add to existing problems. A shingle road surface would be impractical; (ii) adverse effect on landscape/trees and fauna including birds, bats, and amphibians. The current ecology of the site allows for a large area of the soakaway and water uptake from trees. (iii) adverse effect on Gernant, considered to be a unique group of bungalows which have been kept in their traditional form over the years. The proposal would dramatically change the character of Gernant for the worse. The view on entering the Close would be changed with the dwellings being visible and out of context, creating a cramped development. (iv) adverse effects on neighbouring/nearby occupiers (overshadowing. overlooking). (v) adverse effect on views from Clos Brynderi. (vi) noise/disturbance during construction and from the activities of future occupiers. (vii) drainage/flooding concerns. Impact on surface water drainage in the vicinity by hard surfacing a large garden. A resident queries whether the Council would be liable if flooding were to occur at some time in the

200 future. It is suggested investigative land and soil testing should be undertaken before any major decision is made. (viii)as the proposal is in outline, it is not possible to properly assess the true impact on the existing dwelling Clos Brynderi/Gernant. (ix) loss of property value; (x) the owner/occupier of 15 Clos Brynderi reiterates his previous objections pointing out with regard to applications 11/425 and 11/428 that the applicant has no right of access and that he does not intend to provide such access. He is concerned that all three applications would leave his property as an island, between roads. With respect to applications 11/425 and 11/429, he states that the proposed access is via an unadopted road which has been maintained by residents since the construction of Clos Brynderi. He states that the access to the unadopted roads is already restricted. (xii)Where large gardens exist, they should be cherished for their increased biodiversity. (xiii)A resident states that this is Gernant application and that access should be from Gernant where traffic flows are considerably lighter than at Clos Brynderi.

7.9 Further to consultation on the amended plans, Councillors J Cowan and B Jones have requested a site visit so that Members of Planning Committee can view the site prior to the determination of the application. They consider the proposed development to be unneighbourly and an over development of the site which would be out of keeping and detrimental to the street scene. They also express concerns about additional traffic and believe that the proposal, if approved, could set a precedent for future applications.

8. ANALYSIS

8.1 Outline planning permission is sought for the residential development of the large rear and side garden at 4 Gernant, Rhiwbina. The application is one of three applications for the same plot. The agent advises that the reason for the three applications is that the site is land locked and the applicant is seeking to establish options for gaining permissible access into the site from the public highway.

8.2 It is evident that the owners of nos. 14 and 15 Clos Brynderi have both objected to the proposed developments which rely on land owned by them. This, however, does not preclude the positive determination of the planning applications provided the schemes are considered to be acceptable on planning grounds. Whether or not the applicant owns the land is not a material consideration in determining planning application. Were the application to be favourably determined, it would be for the applicant to resolve any access issues with the owners.

8.3 The main planning issues are considered to relate to:

(i) the likely effect of the proposed development on the character and appearance of the area;

201 (ii) the likely effect on the amenities/living conditions of neighbouring occupiers and future residents of the development; (iii) the affect on trees and ecology; (iv) the acceptability of the development in terms of highway safety/parking.

8.4 The current application proposes vehicular access onto Clos Brynderi across land in the ownership of no. 14 Clos Brynderi. All matters of detail are reserved for subsequent approval save for access which is to be considered at this stage.

8.5 The proposal as initially submitted was accompanied by drawings showing the sub-division of the site into three plots, depicting two storey dwellings and garages, with a view to illustrating the feasibility of such a development.

8.6 In support of the proposal, the DAS indicated that the plots (varying from 0.022 ha to 0.33 ha) would be compatible or generally larger than the plots in Clos Brynderi. It was also indicated that the scale and massing of the proposed dwellings would be comparable to the dwellings at Clos Brynderi, which are typically 3 or 4 bedroom detached two storey family houses. Whilst the application proposed the removal of several trees within the site (none of which are protected) the scheme sought to retain many of the existing trees and boundary hedges.

8.7 With regard to the effect of the proposal on the character and visual impact of the street scene, it is important that any development is appropriate for the site and its wider setting. Whilst the proposal is to be accessed from Clos Brynderi, the impact of the development is considered to be equally important in relation to its effect on Gernant, which is characterised by single storey dwellings set within more generous plots.

8.8 Concern was subsequently expressed to the Applicant’s agent regarding to the potential of the site to accommodate the scale of development shown on the illustrative plan, having regard to proximity of neighbouring dwellings and the requirement to protect residential amenity, the need to respect the low rise scale and character of Gernant, and the desire to retain existing landscaping were appropriate, and provide some opportunity for replacement planting.

8.9 Consequently, the illustrative layout has been amended and now depicts a development comprising two dormer bungalows compatible in terms of eaves and ridge height to the existing Gernant dwelling at 4 Gernant.

8.10 The reduction in the number of dwellings from three to two and in their scale from two storeys to single storey with dormers is considered to be more appropriate from a design perspective having regard to the site context.

8.11 The proposed plots compare favourably in size with most of those in Clos Brynderi and are similar in area to nos. 2 and 3 Gernant. The bungalows at Gernant occupy plots of varying size and it is evident that No. 4 is by far the largest. The application proposes to retain a plot at no. 4 which would not be

202 dissimilar in size to its neighbours at nos. 2 and 3 Gernant and which is considered to provide adequate amenity space for its occupants.

8.11 With respect to the visual impact of the proposed development from the ‘public’ realm of Gernant, views would primarily comprise glimpses of single storey dwellings comparable in scale to the existing bungalows. The illustrative proposal indicate that there would be no dormer windows in the roof planes facing towards the rear of no. 4. Having regard to the screening effect of adjacent houses and proposed retained landscaping, it is not considered that the proposed dormer bungalows would impact prominently in the street scene, viewed from Clos Brynderi.

8.12 With regard to the concern that the proposed access road would to some degree have an isolating effect on 15 Clos Brynderi, this would not be dissimilar to any detached dwelling in a corner plot flanked by detached dwellings with their own private drives. In this case, it is proposed that the access, in terms of its construction should not appear over-engineered, with a gravel filled cellular system proposed to provide a low visual impact.

8.13 With respect to the effect of the proposed development on the amenities of neighbouring occupiers, it is considered that two dormer bungalows of a scale comparable to the existing dwellings in Gernant, could be sited on the land without having an unduly overbearing or dominating impact. The detailed design and siting of the dwellings would be for a future reserved matters application, the assessment of which would need to carefully consider such matters as the location of any windows within the roof space, to ensure that the privacy of neighbouring occupiers was appropriately safeguarded. At ground floor level it is considered that adequate privacy could be maintained by the provision/retention of solid fencing and landscaping.

8.14 The Operational Manager, Transportation, who is mindful of the objections/concerns raised by residents and local members, has advised that he considers the proposed development (as amended to 2 no. dwellings) to be acceptable on highway safety/parking grounds, subject to conditions/informatives outlined in at paragraph 5.1 of this report.

8.15 The proposed development site comprises a neglected garden containing several mature and sapling fruit trees and other tree species. A number of the trees are proposed to be removed to facilitate the proposed development, however, none are protected by Preservation Order.

8.16 The application has been examined by the Tree Officer who has identified certain trees considered worthy of retention on amenity grounds and others that are not desirable for retention in a development context. In this regard, the Officer has identified the desirability of retaining a large Ash tree (T7) located towards Clos Brynderi, adjacent to the proposed access, an apple tree (T5) in the north west corner of the site and Hawthorn (T2) within a group also comprising a willow (T1) and Lawson’s Cypress (T3), next to be boundary with 5 Gernant.

203 8.17 The amended illustrative layout plan shows the intention to retain these and several others. Specifically, with regard to the large Ash tree (T7), the retention of which is considered important on visual amenity grounds, the Officer has sought further technical information from the Agent to demonstrate that the proposed vehicular access can be constructed without significant detriment to the tree, with the intention to use a no-dig construction method and a cellular confinement system, utilising a no fines aggregates sub base.

8.19 The illustrative plan is annotated to indicate the general retention/ reinforcement of existing native species hedges. Notwithstanding this intention, in the event that outline planning permission is granted, a detailed landscape scheme will need to be prepared for the site in pursuance of the approval of reserved matters.

8.22 The Ecologist has advised that there is a very low likelihood of any protected species being present on the site, stating that the habitat itself would not qualify as a Site of Importance for Nature Conservation under published Wildlife Sites Guidance Wales.

8.23 The Officer advises that all species of bats and their roosts (whether occupied or vacant), are protected through European legislation and that in order to fully implement protection it is necessary to consider both the likelihood of their presence and the affect the development would have on the sustainability of the population. Guidelines for assessing the likelihood of bats being present in a structure/tree is set out in paragraph 1.5.17 of the Council’s Biodiversity Supplementary Planning Guidance. The Officer considers that the trees on the site have low potential for bat roosts and that the presence of bats feeding in the area would not unexpected. The Officer concludes that the loss of feeding area resulting from the development would not have a detrimental affect on the population. Having regard to the low likelihood that bats are roosting in the trees and the minimal loss of feeding area, the Officer considers that it would be inappropriate to request a bat survey from the applicant.

8.24 Residents concerns regarding site drainage are noted, however, no objections have been raised to the proposed development by the Council’s Operational Manager, Drainage Management or Welsh Water/Dwr Cymru on drainage grounds subject to the attachment of an appropriate drainage condition (refer to paragraphs 5.2 and 6.1).

8.25 On balance, it is considered that the proposed development, as amended, is acceptable on planning grounds and that outline planning permission for the development of two dormer bungalows on the site should be granted, subject to the attached conditions.

204 205 206 207 208 209 LOCAL MEMBER OBJECTION

COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/1029/DCO APPLICATION DATE: 14/06/2011

ED: CANTON

APP: TYPE: Full Planning Permission

APPLICANT: Mr & Mrs Evans LOCATION: 572 COWBRIDGE ROAD EAST, CANTON, CARDIFF, CF5 1BP PROPOSAL: DEMOLITION OF EXISTING BUILDING. CONSTRUCTION OF RESIDENTIAL UNIT COMPRISING 6 NO. 1 BED APARTMENTS AND 1 NO. 2 BED APARTMENT WITH ON SITE CAR PARKING, CYCLE STORAGE, REFUSE AND AMENITY FACILITIES ______

RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. C3S Cycle Parking

3. E3D Retain Parking Within Site

4. C3F Details of Access Road Junction

5. Prior to commencement of development a scheme of construction management shall be submitted to and approved by the Local Planning Authority to include details of construction traffic routes, site hoardings, site access, and wheel washing facilities. The development construction shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety and public amenity.

6. E1B Samples of Materials

7. The rear facing windows at ground, first and second floor shall be non opening below a height of 1.8 metres above internal floor level and glazed with obscure glass and thereafter be so maintained. Reason: To ensure that the privacy of adjoining occupiers is protected.

8. C5A Construction of Site Enclosure

9. C2N Drainage details

10. Details submitted in discharge of condition 9 shall incorporate ground

210 permeability tests to determine if ground conditions are suitable for the use of soakaways. Reason: To ensure an orderly form of development

11. E7Z Imported Aggregates

12. The consent relates to the application as amended by the revised plans numbered AL (01)02 and AL (01)03 received on 23rd August 2011 and plan numbered AL (01) 01 REVB received on 28th October 2011 attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

RECOMMENDATION 3: That the applicant be advised to liaise with the Operational Manager (Transport Strategy and Projects) in order to obtain the necessary 'Road Opening Permit' required to implement the access works where the site abuts the adopted highway;

RECOMMENDATION 4: It is recommended that public transport options are provided to tenants upon residency, as a welcome pack, as this can set in train sustainable transport behaviours. Leaflets are available from the Council for the bus and cycle routes in the area as well as guidance on the kind of information to provide in the pack which would promote sustainable transport behaviours. Liaison with a Transport Planner from the Council’s Transportation Policy Team, can be sought to help achieve this.

RECOMMENDATION 5: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

(i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site:

211 • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and

(iii) the safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

RECOMMENDATON 6: Bats often roost in houses and other buildings, and work on these buildings may disturb a bat roost. All bats and their roosts are protected against disturbance under UK and European legislation. If works are planned on a building in which bats are roosting, the Countryside Council for Wales (CCW) must be contacted.

If work has already commenced and bats are found, or if any evidence that bats are using the site as a roost is found, work should cease and CCW should be contacted immediately.

Where bats or their roosts are present, no works of site clearance, demolition or construction should take place unless a licence to disturb these species and/or their roosts has been granted in accordance with the relevant legislation.

The Cardiff office of CCW can be contacted at:- Unit 7, Castelton Court, Fortran Road, St Mellon's, Cardiff CF3 0LT. Tel: 02920 772400 Fax: 02920 772412

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 Planning permission is sought for the demolition of the existing building at 572 Cowbridge Road East and the construction of a contemporary block of apartments. It is proposed to provide 7 apartments in total, 6 being 1 bedroom units with a singular two bedroom split level apartment.

1.2 The residential unit is an irregular shape due to the plot size and is of a

212 contemporary flat roof design. Along Cowbridge Road East the unit will be three storey in scale whereas the proposal is four storey to the rear. From the Cowbridge Road East frontage, the development will measure 11.2m wide and 9.2m high. To the rear the proposal is 14.3m wide and 11.8m high. The unit is 10.2m deep.

1.3 The development will be finished in a mix of materials with a large amount of render on display and facing brick and steel profile cladding used to break up the facades. The windows will be grey aluminium with a bay at first and second floor at the south western corner of the development.

1.4 Pedestrian access to the flats will be via a walkway at ground floor level along Cowbridge Road East and at basement level to the rear. Vehicular access to the site will be from the existing vehicular entrance to the rear off Aldsworth Road. To the rear of the building will be a communal garden along with three car parking spaces, cycle parking and refuse store. There will be an element of soft landscaping to the rear of the site.

1.5 The application has been supplemented by a Bat Survey which confirmed there was no evidence of use of the existing building by bats.

2. DESCRIPTION OF SITE

2.1 The application site is located at 572 Cowbridge Road East which is approximately 70m from the junction of Cowbridge Road West and Western Ave. The existing property at the application is a vacant detached former retail unit with basement storage and upper floor residential accommodation. To the rear is a fairly large parcel of land which can be accessed via Aldsworth Road.

2.2 The adjacent properties along the northern side of Cowbridge Road East are residential in nature and are three storey in scale to the front and four to the rear. Opposite the site is a retail unit and associated car parking.

3. SITE HISTORY

3.1 Planning Permission 92/1325/W – Demolish existing shop front and side garage and rebuild – Allowed November 1992

4. POLICY FRAMEWORK

4.1 The following National Planning Policies are of relevance to the determination of this application:

Planning Policy Wales (Edition 4) February 2011 Technical Advice Note 5: Nature Conservation and Planning (2009) Technical Advice Note 12: Design (2009) Technical Advice Note 15: Development and Flood Risk Technical Advice Note 18: Transport (2007) Technical Advice Note 22: Planning for Sustainable Buildings (2010)

213 4.2 The site is allocated as part of an area of existing housing on the City of Cardiff Local Plan Proposals Map.

4.2 The following Local Plan policies are of relevance to the determination of this application:

Policy 11 (Design and Aesthetic Quality) Policy 12 (Energy Efficient Design) Policy 17 (Parking and Servicing Facilities) Policy 18 (Provision for cyclists) Policy 19 (Provision for pedestrians) Policy 20 (Provision for Special Needs Groups)

4.3 The following policies from the deposit Unitary Development Plan (October 2003) are also of relevance:

Policy 2.20 (Good Design) Policy 2.24 (Residential Amenity) Policy 2.45 (Trees, Woodland and Hedgerow) Policy 2.57 (Access Circulation and Parking Requirements) Policy 2.58 (Impact on Transport Networks) Policy 2.74 (Provision for Waste Management Facilities in Development)

4.4 The following supplementary planning guidance is also of relevance:

Cardiff Residential Design Guide (2008) Infill Design Guide (2011) Waste Collection and Storage Facilities (2007) Open Space (2008) Access, Circulation and Parking Requirements (2006) Trees and Development (2007)

5. INTERNAL CONSULTEES RESPONSES

5.1 The Operational Manager (Transportation) has no objection in principle. A tracking diagram has been submitted which illustrates that vehicles and enter and exit the site from Aldsworth Road in a forward gear. In addition the level of car parking is in accordance with the guidance contained within the Access, Circulation and Parking Requirements: SPG. Conditions regarding the provision and retention of car parking, cycle parking, details of access road junction and a construction management plan are deemed necessary in order to ensure that highway safety is not prejudiced.

5.2 The urban design officer makes the following comments in regards to the original proposal:

“The buildings along Cowbridge Road East immediately to the east of the site are characterised by large four-storey town houses, which appear as three- storey at street level, given the topography of the site.

214 The scale and massing of the proposed main building (2xmaisonettes and 4x1bed apartments) which makes a transition between 3-storey at street level to 4-storey at the rear, is appropriate. The proposal maintains the building line prevalent in the street, and continues appropriate boundary treatment in the form of railings. The distance between the proposed and adjacent dwelling is large enough to allow the contemporary architecture to contribute to the character of the area without jarring with the existing architectural features.

With regards to any planning application, an architect’s design response can be expressed in several different ways, and in this case it is contemporary in style.

The street contains a variety of building types including residential town houses and ‘land hungry’ business/warehouse units; the proposed building will make an important contribution to local character. The buildings in the area are very mixed in form, use and style, so we can see no particular design reason to try and mimic the style in the adjacent terraces. Response to context should not be confined to architectural finishes.

The design deals with the corner plot site well as it will act as an identifiable feature-building on entering Cowbridge Road East from the north-west which will aid legibility. In addition it encloses the street by continuing the building line and also includes window features to accentuate and overlook the corner.”

5.3 The Operational Manager (Pollution Control) has no objection to the scheme subject to conditions regarding imported aggregates

5.4 The Operational Manager (Waste Management) has no objection subject to a condition regarding refuse storage

5.5 Following the submission of a bat survey the Councils Ecologist has no objection subject to the advisory contained within Recommendation 5.

6. EXTERNAL CONSULTEES RESPONSES

6.1 Welsh Water has no objection subject to the submission of a detailed drainage scheme. 6.2 The Environment Agency has no objection to the scheme.

7. REPRESENTATIONS

7.1 Councillors R Cook, C Furlong and R Patel wish to object to this application on behalf of several neighbouring residents who have contacted them. The objection is for the following reasons:

1. Access to the site is from Aldsworth Road through a narrow lane, with a right hand bend at the end. The front of the site is on Cowbridge Road East, a very busy thoroughfare into the city and site vehicles will not be

215 able to be parked on this road. The proposed access lane is only just wide enough for a car and we have concerns as to how the demolition materials will be removed through this lane from the site. Demolition is likely to cause substantial disturbance and dust to the houses backing onto the site. It would be far better if the building was retained and converted into flats rather than demolished.

2. There will be no amenity area for the large block of units.

3. Nesting birds have been observed in the eaves of the building and residents have told us that bats are often seen on the area. A bat survey should be carried out.

4. There are only 2 parking places provided on the site, this is below the minimum required in the Council “Access, circulation and parking standards”, Supplementary Planning Guidance (SPG) dated January 2010. The SPG requires a minimum of 3.5 and a maximum of 10 parking places for the number of units in this development. Aldsworth Road is a cul-de-sac and is already fully parked, there are no other roads in the immediate area for residents of these proposed units to park in. There is a care agency on the corner of Cowbridge Road East and Aldsworth Road and staff from this agency park in Aldsworth Road. There is also a car showroom (planning permission given recently 25-5-11), car repair workshops and a vehicle rental business in the immediate area which generate customer and business parking.

7.2 Local Members were consulted on the amended plans. Any comments will be reported to Planning Committee.

7.3 The occupiers/owners of No’s 564, Apartment 2 – 564, 566 and 568 Cowbridge Road East along with the occupiers/owners of No’s 3, 19, 20, 24 and 29 Aldsworth Road object to the proposal for the following reasons:

• Nesting birds and bats in the existing building • Prejudice sunlight currently experienced by No’s 560 – 570 Cowbridge Road East • The proposal would not be in keeping with the Victorian character of the area. • The proposal would lead to the loss of privacy within 3 Aldsworth Road. • Vehicular access to the site is via a narrow lane which is barely accessible and will prejudice highway safety for users of the development and the highway along Aldsworth Road. • The access road would lead to damage to neighbouring boundary enclosures • The proposal would lead to overspill parking within Aldsworth Road which is already to capacity. • The proposed development would lead to additional refuse being put out for collection on Aldsworth Road on collection days. • The finished development would lead to an increase in the general noise of the area.

216 • The proposed demolition of the existing premises could cause problems in regards to dirt, dust, vermin, structural stability of neighbouring properties and highway safety due to the narrow access lane. • There is not adequate drainage facilities provided. • The proposal will result in the decrease in the value of neighbouring properties.

8. ANALYSIS

8.1 The key considerations are the effect of the proposal upon the character and appearance of the area, living conditions of neighbours and highway safety/car parking.

8.2 The application has been amended in that a detached single storey unit which was originally proposed within the rear of the site is now omitted from the scheme. This has allowed the car parking to be increased from 2 to 3 spaces and a larger amenity area can now be provided within the site. In addition, the number of units within the proposed residential block has been increased from 6 to 7 in order to accommodate the unit which was lost from the rear garden.

8.3 The proposal is for a three/four storey block of flats of a flat roof contemporary design. The urban design officer has carefully considered the proposal and is of the opinion that although contemporary in nature the design of the proposal deals with the corner plot site well and will be an identifiable feature building on entering Cowbridge Road East from the north west of the City. This will aid its legibility. The proposal reflects the current scale of surrounding development and respects the current building lines. The urban design officer suggest that the proposal encloses the street by continuing the building line and also includes window features to accentuate and overlook the corner. Furthermore, it should be noted that the distance between the proposed and adjacent dwelling is large enough to allow the contemporary architecture to contribute to the character of the area without jarring with the existing architectural features. Accordingly, taking the advice of the urban design officer on board, it is officer’s opinion that the proposal will not prejudice the overall character or appearance of the area.

8.4 In regards to residential amenity, the proposal does not project past the rear or front elevations of the nearest neighbour along Cowbridge Road East (No. 570). At its nearest the proposal will be 4m from the nearest neighbouring boundary along Aldsworth Road and 9m from the nearest neighbouring dwelling. Officer’s are of the opinion that due to these distances and orientation of the proposed residential building from neighbours, the development will not be considered overbearing or un-neighbourly. In regards to the comments from neighbours that the proposal will prejudice sunlight within the rears of 560 – 570 Cowbridge Road East it should be noted that the proposal is to the north west of these neighbours and accordingly, it is not considered that the proposal will interfere with the natural orientation of the sun during the large majority of the day. A shadow maybe cast over the very rear part of the gardens of those neighbours nearest to the development in

217 the early evening, however, this will not be to an extent to warrant a refusal of planning permission.

8.5 In regards to privacy, no windows are proposed within the eastern side elevation of the scheme and as the windows within the rear are less than 10.5m from neighbouring properties a condition is necessary which will require all windows within the rear above basement level to be obscurely glazed and non opening below an internal height of 1.8m.

8.6 It is noted that the vehicular access road to the site is narrow and there is no opportunity to widen this road. The applicant has submitted tracking diagrams which illustrate that vehicles can enter, manoeuvre and exit the site within a forward gear. Accordingly, the Operational Manager (Transportation) is of the opinion that the proposal will not prejudice the highway safety of road and pedestrian users of the surrounding highway network. Whilst car parking has been kept to a minimum, the level provided is in accordance with the Access, Circulation and Parking Requirements: SPG. It should also be noted that the site is on a main thoroughfare into and out of the City and is well served by public transport. Conditions would be imposed requiring greater detail of the access to the site and construction site management to ensure an orderly form of development.

8.7 Following the omission of the detached unit, a communal garden will be provided for residents. This garden is greater than 100m² and is considered to be a satisfactory space for occupiers of the proposed development. In addition, it is noted that the internal arrangement and space provided for occupiers of the development is acceptable.

8.8 In regards to the comments made by Local Members and neighbours which are not covered above, the following points should be considered: • A bat survey has been undertaken and the Councils ecologist has no objection to the scheme as no evidence of bats were found at the site. • Following the imposition of conditions requiring obscure glazing to rear facing windows, the privacy of neighbours to the rear will not be prejudiced. • Any damage which may occur to neighbouring properties either as a result of the demolition or construction works or when the building is occupied and in use, is a civil issue and not a material planning consideration. Condition 5 will ensure that the public amenity of neighbours is not prejudiced in regards to construction site traffic. • The Operational Manager (Waste Management) has not objected to the proposal. A condition will be imposed on any permission which will require full details of the refuse storage to be provided to and approved by the Local Planning Authority prior to the commencement of development. • Should neighbours experience any nuisance caused by noise from occupiers of the proposed development once built, they should report this to the Operational Manager (Pollution Control) for his investigation. • Any problems due to dust, noise and vermin during the demolition of the proposal should be reported to the relevant Council Departments for their consideration. These are not material planning considerations.

218 • Both Welsh Water and the Operational Manager (Drainage) have been consulted and no objection has been raised. A full drainage scheme would be required prior to the commencement of development. • The devaluation of neighbouring properties as a result of this development is not a material planning consideration.

8.9 Planning permission is recommended subject to conditions.

219 220 221 222 223 LOCAL MEMBER OBJECTION

COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/1105/DCO APPLICATION DATE: 23/06/2011

ED: PENYLAN

APP: TYPE: Full Planning Permission

APPLICANT: Trustees Of Penylan House and Linc Cymru Limited LOCATION: PENYLAN HOUSE, PEN-Y-LAN ROAD, PENYLAN, CARDIFF, CF23 5YG PROPOSAL: PHASED DEMOLITION AND REDEVELOPMENT OF THE EXISTING NURSING AND RESIDENTIAL CARE HOME (USE CLASS C2) TO PROVIDE MODERN FACILITIES TOGETHER WITH ASSOCIATED GARDEN AREAS VEHICULAR AND PEDESTRIAN ACCESSES CAR PARKING BICYCLE STORAGE REFUSE STORAGE LANDSCAPING AND OTHER ANCILLARY USES AND ACTIVITIES ______

RECOMMENDATION 1: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under Section 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraphs 5.1, 5.4 and 8.10 of the Chief Officer Strategic Planning and Environment report planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. E1B Samples of Materials

3. The consent relates to the application as amended by the revised plans received on 13th September, 2011, attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

4. The translucent glass blocks at first and second floor level within the southern elevation serving the lounge/dinning room shall be non opening and glazed with obscure glass and thereafter be so maintained. Reason: To ensure that the privacy of adjoining occupiers is protected.

5. F7Q Kitchen Extraction

6. E7S Details of Refuse Storage

7. H7G Plant Noise

8. Prior to commencement of development a scheme shall be submitted to

224 and approved in writing by the Local Planning Authority to provide that all habitable rooms exposed to external road traffic noise in excess of 63 dBA Leq 16 hour [free field] during the day [07.00 to 23.00 hours] or 57 dBA Leq 8 hour [free field] at night [23.00 to 07.00 hours] shall be subject to sound insulation measures to ensure that all such rooms achieve an internal noise level of 40 dBA Leq 16 hour during the day and 35 dBA Leq 8 hour at night. The submitted scheme shall ensure that habitable rooms subject to sound insulation measures shall be provided with acoustically treated active ventilation units. Each ventilation unit (with air filter in position), by itself or with an integral air supply duct and cowl (or grille), shall be capable of giving variable ventilation rates ranging from – (1) an upper rate of not less than 37 litres per second against a back pressure of 10 newtons per square metre and not less than 31 litres per second against a back pressure of 30 newtons per square metre, to (2) a lower rate of between 10 and 17 litres per second against zero back pressure. No habitable room shall be occupied until the approved sound insulation and ventilation measures have been installed in that room. Any private open space (excepting terraces or balconies to any apartment) shall be designed to provide an area which is at least 50% of the area for sitting out where the maximum day time noise level does not exceed 55 dBA Leq 16 hour [free field]. Reason: To ensure that the amenities of future occupiers are protected.

9. C2N Drainage details

10. Details submitted in discharge of condition 9 shall incorporate ground permeability tests to determine if ground conditions are suitable for the use of soakaways. Reason: To ensure an orderly form of development

11. Unless otherwise agreed in writing with the local planning authority, no development shall take place that does not accord with the submitted Jerry Ross Arboricultural Consultancy Arboricultural Method Statement dated 20th September, which was received on 28th September, 2011, and the Jerry Ross Arboricultural Consultancy phase 1 and 2 Tree Impact and protection plans dated 7th September, 2011. Reason: The trees are of value in the local environment and should be protected and maintained in the interests of visual amenity.

12. The tree protection barriers and fencing as detailed in the Jerry Ross Arboricultural Consultancy Arboricultural Method Statement dated 20th September and received on 28 September, 2011, along with that shown on the Jerry Ross Arboricultural Consultancy Phase 1 and 2 Tree Impact and Protection Plans dated 7th September, 2011, shall be fully compliant with the specifications detailed in British Standard 5837.2005, unless otherwise agreed in writing by the local planning authority. Reason: The trees are of value in the local environment and should be protected and maintained in the interests of visual amenity.

225 13. F4D Details of tree planting

14. All planting, seeding, turfing or paved areas comprised in the approved landscaping scheme illustrated on drawing number TDA.1827.01 received on 13th September 2011 shall be carried out in the first planting and seeding season following the completion of the development, and any trees or plants which within a period of 5 years from the completion of the development die, or are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the local planning authority gives written consent to any variation. Reason: To maintain and improve the appearance of the area in the interests of visual amenity.

15. C5A Construction of Site Enclosure

16. C3S Cycle Parking

17. Prior to each phase of the development a scheme of construction management shall be submitted to and approved by the Local Planning Authority. This scheme shall include details of how the existing Home will continue to operate whilst the construction is taking place together with construction traffic routes, site access, parking of contractor’s and also staff/visitors’ vehicles, and wheel washing facilities. The development construction of the relevant phase shall be managed strictly in accordance with the scheme so approved. Reason: In the interests of highway safety, public amenity, to prevent overspill parking on the highway, and to avoid conflict situations construction work and staff/visitors attending the site.

18. E3D Retain Parking Within Site

19. C1G BREEAM - (Non Res) Overarching Condition

20. C1H BREEAM - (Non Res) Pre-Commencement

21. C1I BREEAM - (Non Res) Post Construction

RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

RECOMMENDATION 3: The applicant is advised to contact the Operational

226 Manager, Street Operations with a view to securing the necessary licence under the relevant section of the Highways Act 1980 prior to entering onto and utilising any part of the adopted highway in order to implement this planning permission.

RECOMMENDATION 4: The applicant should be advised to contact the Council's Travel Plan Co-ordinator to discuss the implementation of a Travel Plan in relation to the development.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 This application seeks full planning permission for the phased demolition and redevelopment of the existing nursing and residential care home known as Penylan House, Penylan Road.

1.2 The redevelopment of the site will increase the number of beds from the existing level of 49 rooms to a total of 73. This increase in care provision will be facilitated by an increase in gross internal floor space from the existing 2,388sqm to 3,733sqm. The redeveloped nursing and residential care home will be supplemented by increased car parking provision from 10 to 23 spaces (4 of which will be dedicated disabled use).

1.3 The development comprises 73 en-suite single bedrooms in five wings, two for EMI (Elderly, Mentally Infirm) residents and 3 general nursing needs. Communal lounges and dining rooms are provided for each wing, and there is an additional communal lounge at ground floor level for social events. Ancillary accommodation including a general kitchen, a kosher kitchen, laundry, plant and staff facilities is also provided.

1.4 The development comprises a single building in three storeys with a pitched roof. The building is to be built in two phases, and is designed so that the first phase is located to enable part of the existing home to remain operational while other phases are being built, with the first new build phase being capable of independent operation when completed.

1.5 The completed building will measure 19m wide with phase 1 measuring 42.5m long and phase 2 measuring 34m long. The development will measure between 7.8 – 9.7m to eaves with ridge heights between 11.2 – 14.4m. Windows will be installed within all elevations at ground, first and second floor. Solar panels will be included on part of the roof planes. In regards to levels, the floor level of phase 1 will be almost identical to the existing building with the floor level of phase 2 being approximately 200mm higher than the current ground level.

1.6 The proposed building is characterised by the use of gables, projecting bays, steeply sloping roofs and openings with a vertical emphasis to their overall shape. Self coloured light cream render and red facing brick are the main finishes to the elevations, accented with self coloured terracotta render and terracotta coloured rain screen cladding to feature areas. The facing brickwork is used throughout the ground floor areas and in several zones between bays

227 taken up to second floor level

1.7 The proposal involves the provision of some open space for residents, mainly to the west of the site. There is a separate, enclosed section for EMI residents.

1.8 Vehicular access to the site will be retained via the existing access off Penylan Road. The existing brick wall flanking the vehicular entrance will be re-built using red brick to match the new building proposed. The wall will be re-instated to the same dimensions as the existing wall.

1.9 The BREEAM Pre-Assessment submitted details that the proposed design of the building could provisionally achieve a ‘Very Good’ rating of 66.37%.

1.10 The design has had to allow for a range of particular requirement of the current operator primarily in relation to the need to respect the needs of Jewish residents in catering, worship and social facilities, and in planning to suit a phased completion.

1.11 The application has been accompanied by a Site Investigation Report, Tree Survey and Assessment, Tree Constraints Plan, Ecological Appraisal Report, Bat Survey, Environmental Noise Survey, Transport Statement, Flood Consequence Assessment, BREEAM pre-assessment and a Design and Access Statement.

1.12 For the purposes of constructing the replacement building, the applicant wishes to utilise a section of the adopted highway verge adjacent to Eastern Avenue (A48) to the north of the site. This work is also subject to the applicant gaining an appropriate licence from the highway authority. The works involve the re-profiling of the banking/verge of the A48 to allow the construction of the development. The existing trees within this area are to be removed and replaced as necessary. An acoustic fence will be constructed where tree re- planting is not able to take place. The applicant has served notice on the highway authority under Article 6 of the Town and Country Planning (General Development Procedure) Order 1995.

1.13 A comprehensive landscaping plan has been submitted which illustrates the retention of the protected trees on site. In addition, further tree planting is proposed to compensate for any existing trees which will be lost. All proposed tree and hedge planting are native species. There is a large element of soft landscaping provided along with a separate garden for the EMI patients.

2. DESCRIPTION OF SITE

2.1 The application site is approximately 0.46 hectares (1.16 acres) and includes the existing Jewish nursing and residential care home as well as the associated garden areas, vehicular and pedestrian accesses, car parking and refuse storage.

2.2 The site lies to the north-west of Penylan Road. It is bounded to the north by

228 the embankment of Eastern Avenue (A48). To the east, the site is bounded by Penylan Road. The south of the site is bordered by the rear garden areas of the residential properties of Bronwydd Close.

2.3 The existing building comprises a two/three storey flat roof structure, together with a number of single storey annex buildings that are used for storage and parking. The built form is of a 1970s design and finished in predominantly red brick with flat roofs.

2.4 Vehicular access is off Penylan Road. Pedestrians use the same site access point, with a footpath entering alongside the vehicular drive. Car parking is provided along the drive leading from the site entrance to the main building entrance and immediately south of the entrance point of the site. The site levels fall from north to south although the building floor plate is at a single un- stepped level.

2.5 Between the eastern face of the building and the road, the majority of the site is lawn, not generally used by residents; between the building and the southern boundary, the site is surfaced with access footpaths and paved areas, with grassed areas interspersed with trees and shrubs. Between the building and the western boundary is the main garden area available for use by residents, partially paved as a patio area. The northern wing of the building abuts the northern boundary.

2.6 There are a number of trees on site covered by the City of Cardiff (Penylan Area Stage 4) TPO. The tree stock is mainly distributed around the periphery of the property, with a prominent Corsican Pine tree sited to the east of the existing building fronting Penylan Road.

2.7 The neighbouring built form is generally traditional residential. Most of the nearby dwellings are detached or semi detached early to mid 20th century and mostly two storey.

3. SITE HISTORY

3.1 Planning permission 11/614/DCO – Portable building to provide additional office space during building works – approved May 2011

3.2 Planning permission 95/1154/W – Extension to dayroom and toilet – Approved September 1995

3.3 Planning permission 92/1906/W – Provision of 2 No. Portakabins at rear of building – Approved February 1993

3.4 Planning permission 89/1887/R – Treatment room extension – Approved October 1989

3.5 Planning permission 87/962/W – Office accommodation/internal alterations – Approved August 1987

229 4. POLICY FRAMEWORK

4.1 The following National Planning Policies are of relevance to the determination of this application:

• Planning Policy Wales (Edition 4) February 2011 • Technical Advice Note 5: Nature Conservation and Planning (2009) • Technical Advice Note 12: Design (2009) • Technical Advice Note 15: Development and Flood Risk • Technical Advice Note 18: Transport (2007) • Technical Advice Note 22: Planning for Sustainable Buildings (2010)

4.2 The site is allocated as part of an area of existing housing on the City of Cardiff Local Plan Proposals Map.

4.2 The following Local Plan policies are of relevance to the determination of this application:

• Policy 11 (Design and Aesthetic Quality) • Policy 12 (Energy Efficient Design) • Policy 17 (Parking and Servicing Facilities) • Policy 18 (Provision for cyclists) • Policy 19 (Provision for pedestrians) • Policy 20 (Provision for Special Needs Groups)

4.3 The following policies from the deposit Unitary Development Plan (October 2003) are also of relevance:

• Policy 2.20 (Good Design) • Policy 2.24 (Residential Amenity) • Policy 2.45 (Trees, Woodland and Hedgerow) • Policy 2.57 (Access Circulation and Parking Requirements) • Policy 2.58 (Impact on Transport Networks) • Policy 2.74 (Provision for Waste Management Facilities in Development)

4.4 The following supplementary planning guidance is also of relevance:

• Cardiff Residential Design Guide (2008) • Infill Design Guide (2011) • Waste Collection and Storage Facilities (2007) • Open Space (2008) • Access, Circulation and Parking Requirements (2006) • Trees and Development (2007)

5. INTERNAL CONSULTEES RESPONSES

5.1 The Operational Manager (Transportation) notes that the proposals are considered satisfactory subject to conditions relating to the laying out and

230 future retention of the proposed parking arrangement, and to the provision and future retention of a minimum of 2 cycle stands in order to encourage this mode of travel among staff/visitors. In addition as the proposed development is to take place in a number of phases in order to enable the Care Home to continue to operate during the on-going construction works a condition is necessary to ensure a construction management plan is submitted which will ensure the construction of each phase will not prejudice the highway safety of the nearby area. In principle the Operational Manager (Transportation) believes the general phasing of the development would appear to be acceptable. In addition, the Operational Manager (Transportation) suggests that due to the significant rise in staff and resident numbers a financial contribution of £3120 is required be secured by way of a legal agreement under Section 106 of the Town and Country Planning Act to ensure the provision of a bus boarder at the nearest bus stop on Penylan Road. This will encourage travel to and from the development by sustainable modes for staff and for visitors. A recommendation should also be attached on any permission advising the applicant to contact the Council’s Travel Plan Coordinator to discuss the implementation of a Travel Plan in relation to the development.

It is understood that for construction purposes the developer wishes to utilise, on a temporary basis, a section of the adopted highway verge adjacent to Eastern Avenue. This has been discussed between the applicant and the Operational Manager (Transportation) and has been agreed in principle, though the arrangement will need to formalise by means of an appropriate licence. In this regard a second recommendation advising the applicant of the need to liaise with the Operational Manager, Street Operations (Tony Jones, Brindley Road) with a view to securing the necessary licence under the relevant section of the Highways Act 1980 prior to entering onto and utilising any part of the adopted highway for this purpose would be advisable.

5.2 The Urban Design Officer notes:

Layout The position of the new building is further forward within the site than existing. This gives the property a greater presence and prominence onto Penylan Road. This can be considered as a positive feature in creating identity to the frontage of the site and there are examples to the South of the site where development more closely defines the site frontage within the street.

The proposed building is a three storey building with a pitched roof and replaces a flat roofed three storey structure. Whilst it was indicated in pre- application discussions that a three storey block would be acceptable in principle on this plot, in considering the detailed proposals, concern is expressed as to the proximity of the three storey element to the Bronwydd Close properties particularly given the elevated position of the site. The proposal is considered to conflict with guidance on scale and massing and privacy and amenity set out in the Infill Sites SPG. Opportunities to set the property further off this boundary or to achieve some reduction in height at this point should be considered.

231

Character and appearance The DAS sets out the intention to design a building to be in keeping and sympathetic with the local, largely Edwardian, character whilst maintaining a contemporary element to the design rather than achieving a pastiche solution.

The use of gables, projecting bays, steeply sloping roofs and openings with a vertical emphasis does result in a building which reflects the key architectural elements of this local architectural style.

The element of the building most visible to Penylan Road is the projecting wing of the East elevation. This elevation presents a rather blank façade to the street, however it is recognised that opportunities for fenestration are limited due to layout of internal space as bathrooms and stairwells. It is noted that this elevation will be behind the retained cedar but the height of the crown means that much of the elevation will be visible. Opportunities to add further detail to this elevation should be considered.

The introduction of changes in materials for different elements of the façade serves to break up large areas of a single material and adds verticality and rhythm to the facades. The long roof slopes are in keeping with local characteristics and the addition of gable details adds variety at eaves level.

Materials The predominant materials of this proposal are self coloured light cream render and red facing brick with terracotta coloured render detail, rainscreen cladding detail and grey roof tiles. These are generally considered to be appropriate materials to respond to the local materials of the area. Whilst the rainscreen cladding is a more contemporary material, its use is considered acceptable subject to agreement on final finish and colour to ensure it is in keeping with the character of the area.

Boundaries The DAS sets out how existing railing and gates to the front boundary are to be retained within new flank walls with landscaping along this boundary re- enforcing the current boundary treatment – The provision of details for the boundary treatment should be conditioned to ensure they are in keeping with the character of the area.

External areas/access External areas are well laid out into several garden areas to provide practical functional spaces whilst maintaining the mature landscape enclosing the site. There is good, level pedestrian access into the site and around the entrance and parking areas.

Sustainability The BREEAM pre- asst report demonstrates that the building is likely to achieve BREEAM ‘very good’ with mandatory energy credits for ‘Excellent’ under ene1 category which satisfies the requirements for ‘sustainable buildings’ set out in national planning policy.

232

5.3 The Operational Manager (Housing Strategy – Enabling) notes that as the application is for the demolition and redevelopment of the Penylan Nursing and Residential Care Home (Use Class C2), Housing Strategy have no comments to make in planning terms. For clarification as the use class has been accepted as C2, with the units being non-self contained, the proposed scheme is not subject to the affordable housing policy.

5.4 The Operational Manager (Parks Services) comments that based on the number of rooms increasing from 49 to 73 a financial contribution of £10545 is deemed necessary towards public open space in the nearby area. The Operational Manager (Parks Services) notes that the landscape element is well considered and detailed. The protection of existing trees has been given a high priority and the combination of retained hedges and new planting ensure the development is well screened, which along with the other internal planting should provide an attractive internal environment for residents.

5.5 The Tree Preservation Officer has carefully considered the proposed landscaping scheme and has no objection subject to conditions relating to tree protection, tree planting and landscape maintenance. The scheme has been designed in order to retain the protected trees on site, particularly the large Pine tree to the front.

5.6 The Operational Manager (Pollution Control) has no objection to the scheme or the proposed works to the adopted highway verge subject to conditions regarding road traffic noise, plant noise and kitchen extraction along with a recommendation regarding construction site noise.

5.7 The Operational Manager (Drainage) has no objection subject to a condition requiring sustainable drainage techniques to be utilised.

6. EXTERNAL CONSULTEES RESPONSES

6.1 Western Power Distribution has no objection to the proposal.

6.2 The Environment Agency has no objection to the scheme

6.3 Welsh Water has no objection subject to a details drainage condition being imposed on any permission granted.

6.4 The Crime Prevention Design Advisor has no objection to the scheme.

7. REPRESENTATIONS

7.1 The application has been advertised by way of a site notice and press notice.

7.2 Local Members have been consulted and Councillors W. Kelloway and F. Salway note that they have been contacted by the occupier of 7 Bronwydd Close who objects to the above application because the proposed building would be nearer to her boundary than the existing building and it will be

233 significantly higher than the existing building. The resident feels that the proposed development will have a significant dominating and overbearing effect on her own property and garden and that it will be detrimental to her amenity in that it will interfere with the quiet enjoyment of her property. The resident is also concerned that the dining area and food preparation area, together with the part of the development that will house residents with EMI symptoms will also be situated near to the bottom of her garden and that each one of these uses has the potential to generate noise that will also impact adversely upon the quiet enjoyment of her property as is presently the case with these aspects of the existing building - which is currently further from her home.

Councillors Kelloway and Salway have examined the plans and elevations of the proposed building and are able to confirm that the height and massing of the building will be greater and it will be nearer to the rear of properties at 7 - 9 Bronwydd Close. Councillors Kelloway and Salway are of the opinion that the potential for domination and increased disturbance to properties in Bronwydd Close is, therefore, greater and, whilst they would not wish to object to the entire development they have asked that the applicant be asked to consider modifying the part of the proposed development that has the greatest adverse impact upon properties in Bronwydd Close. If the applicant is not minded to revisit this aspect of the design, then they object to the application in its entirety.

Councillors Kelloway and Salway also request that the members of the Planning Committee carry out a site visit, in order to assess first hand the likely impact on properties adjoining the site, before they determine this planning application.

7.3 The occupier of 7 Bronwydd Close object to the proposal for the following reasons:

• The present building which is set significantly further back from their garden than the proposed new build of phase 2 is approximately 8m high on a bank about 1.5m high. The new build of phase 2 is approximately 14.5m high on a 1.5m high bank and is significantly close to 7 Bronwydd Close. The building in these proportions is without a doubt overbearing and the proximity, design and height will impose on their quality of life and privacy within their home and garden. • The windows of the proposed building will directly overlook their property (including habitable rooms). • There is no planting of trees planned for the area between 7 Bronwydd Close and the proposed phase 2 which means that the building would remain exposed. • There will be significant impact from noise during the build which is expected to last 3 years. • The noise from the completed building will also have an impact. Three dining areas within such close proximity to their home would be very noisy. There would also be more activity in this part of the building due to the EMI section being positioned within the section of the building nearest

234 to their home. • The proposed works will increase the capacity of the building which will lead to more car parking. It would be dangerous if people started parking on Penylan Hill. • As the sun rises in the position of the proposed phase 2 of the home it will significantly impact on the quality of light to their home and garden. There are rules regarding building and the quality of light and air on the Bronwydd Estate. • To overcome their concerns they suggest that the proposal should be: o Set further back by reducing some of the capacity o Reduced in height by at least 1 floor o Re-design phase 2 to take into considered the overbearing size of the building

7.4 Following consultation with neighbours on the amended plans, the occupier of 7 Bronwydd Close makes the following comments:

“I feel the amendments to the plans for Penylan house are an improvement on the first submitted : • The glass blocks instead of full windows overlooking our home,

• The tree planting (though I have been unable to find any information about the proposed trees ) I feel the trees planted should be suitable to give cover all year,

• The alterations to the roof structure

• Only a small portion of the phase 2 building has been set further back but I appreciate this is the portion nearest to my home. Though I am grateful for the proposed alterations being put forward and find them preferable to the original drawings I remain concerned about the overbearing nature of this development particularly its height and proximity and remain of the opinion that the planning committee should look at the impact of the building as it is clear from the drawings that the buildings are doubling in size and capacity and almost doubling in height and I remain of the opinion that phase 2 should be reduced by one level and feel the comments in my first letter remain relevant. I am grateful for your assistance with this and do not want to delay the elderly residents getting their improved home but this is a significant project and it will affect my home substantially.”

7.5 Local Members and neighbours have been consulted on the amended plans. Any further comments will be reported to Planning Committee.

8. ANALYSIS

8.1 It was decided at Planning Committee on 12th October 2011 to defer the application for a site visit. The Committee site visit took place on 7th November 2011.

235 8.2 Following discussion between the applicant and the Local Planning Authority, the scheme has been amended. The overall footprint of the proposed building (phase 2) was reduced. The western part of the phase 2 has been modified in order to move it a further 2.4m away from the site’s southern boundary and the eaves level of this part of the building has been reduced in height by 900mm. In addition a proposed gable feature has been lost from the southern elevation nearest to Bronwydd Close in an attempt to reduce its massing in this location.

8.3 The main consideration is the effect of the proposal upon the character and appearance of the area, the living conditions of neighbouring occupiers and highway safety/car parking.

8.4 Although the site is not located in a Conservation Area, it is clear that the locality has a strong, established and generally attractive architectural character. The design of the proposal takes into consideration the important factors of access, parking, massing, height, materials and design of the area. The traditional approach reflects the character of the neighbouring buildings. The urban design officer raises no objection to the design and appearance of the scheme and is of the opinion that the proposal reflects the key architectural elements of the local architectural style. The use of a pitched roof and gables, along with the building being sited further forward within the plot than the existing structure will result in a development which is of more architectural merit than the existing and better reflects the surrounding character. The proposed materials, although some are contemporary in nature, are considered acceptable and help to break up the main façade of the building. Conditions would be required to ensure samples of materials are approved by the Local Planning Authority prior to the commencement of development. The comments regarding the eastern elevation are noted, however the protected tree (ref T1 within Tree Survey) sited to the east of phase 2 and the internal arrangement of the building limits the scope for different elevational treatment than that proposed. On balance it is considered that the proposal is acceptable and contributes positively to the overall character and appearance of the area.

8.5 A key issue which drove the design and siting of the scheme was the presence of protected trees on site. It is noted that all protected trees on site remain, in particular the large Pine (Tree T1 within the Tree Survey) sited near to the Penylan Road frontage. This tree is well established and is of significant visual and environmental importance within the area and its retention drove the siting of the proposed structure. Arboricultural Method Statements have been provided which outline the nature of the demolition, construction and hard surfacing works which will take place within the root protection areas of these protected trees and in particular the large Pine tree. The tree preservation officer is satisfied that all protected trees will be retained on site and that the level of hard and soft landscaping along with compensatory tree planting is acceptable and will help form an inclusive design. The Operational Manager (Parks Services) also confirms that the landscaping is acceptable and will provide a satisfactory garden space for the future occupiers of the development. Conditions are deemed necessary to protect the trees, ensure

236 acceptable tree planting and maintenance of landscaping.

8.6 In response to the concerns raised by the occupier of 7 Bronwydd Close, Local Members and the urban design officer the applicant has amended the scheme. In summary, the overall footprint of the proposed building has been reduced. The western part of phase 2 has been modified in order to move it a further 2.4m away from the sites southern boundary with No. 7 Bronwydd Close. The development will now be sited approximately 8.2 – 9.4m to the north of 7 Bronwydd Close The eaves of the part of the building nearest to 7 Bronwydd Close has been lowered by 900mm and a gable design feature has been lost to allow the roof of this part of the building to hip away from the southern boundary therefore reducing its bulk and massing when viewed by the occupiers of 7 Bronwydd Close. Subject to the amended plans, it is officer’s opinion that the proposed building is sited sufficient distances away from neighbouring boundaries and properties so as not to be considered overbearing or un-neighbourly. In addition, the proposed structure is sited to the north of Bronwydd Close and therefore will not prejudice any direct sunlight currently experienced by these neighbours to a degree to warrant a refusal of planning permission. Neighbours and Local Members have been consulted on the amended plans and any further correspondence received will be reported to planning committee.

8.7 In addition to the amendments to the structure of phase 2, all windows serving the proposed lounge/dining areas have been removed from the southern elevation that is within 10.5 metres of the southern boundary of the site. Furthermore it is noted that any windows within the southern elevation are at an approximate 30º angle to the southern boundary of the site. It is officer’s opinion that this amendment will avoid any potential overlooking of adjoining rear garden areas of the dwellings within Bronwydd Close and complies with the advice regarding privacy in both the Residential Design Guide and the Infill Design Guide. In order to replace some of the natural light lost by the removal of these windows, a glass block panel has been introduced within the southern elevation of the lounge at each level. These panels allow a level of light transmittance but by their obscure nature they do not permit a view through them and therefore do not impact upon privacy of neighbours. A condition will ensure that this will be the case.

8.8 The Operational Manager (Transportation) has been involved in on-going discussion with the applicant from a pre-application stage. The proposed development is not considered to prejudice the highway safety of the surrounding area. Despite an increase in capacity, the proposed car parking is considered acceptable in regards to the guidance contained within the Access, Circulation and Parking Requirements: SPG and it is not considered that the proposal will generate overspill car parking on Penylan Road. The works to the adopted highway verge along Eastern Ave have been agreed in principle between the applicant and the Operational Manager (Transportation). The re-grading of the banking/verge to accommodate the building requires planning permission and has therefore been included as part of this application. Should any trees be removed, compensatory planting and/or an acoustic fence would be erected. These works would be subject to

237 the applicant securing a separate licence from the Councils Highways Authority.

8.9 In regards to the works to the highway verge, the Operational Manager (Pollution Control) has no objection as to how this may impact on the amenities of the future occupiers of the proposal in regards to road traffic noise. Condition 8 will ensure that all windows serving habitable rooms facing Eastern Avenue will be glazed with specific windows which will ensure that any road traffic noise will not impact on the living conditions of any future occupier. In addition, other conditions regarding plant noise and kitchen extraction will ensure that neighbours and future occupiers will not be disturbed by excessive noise or smells from the development.

8.10 The Operational Manager (Parks Services) has requested that a financial contribution of £10545 be provided by the applicant which will be used for open space within the nearby area. In addition, the Operational Manager (Transportation) has requested a contribution of £3120 to fund a bus border at the nearest bus stop to the development. The applicant has agreed to these contributions which could be sought by way of a legal agreement under Section 106 of the Town and Country Planning Act.

8.11 All other technical consultees, both internal and external have no objection to the scheme subject to certain conditions.

8.12 In regards to the comments made by neighbours which are not covered above, the following points should be considered:

• Should neighbours experience any nuisance caused by noise during construction or operation of the proposal, they should contact the Operational Manager (Pollution Control) for his team to investigate the matter. • The suggestions made by the occupier of No. 7 Bronwydd Close were noted and it is considered that the amended plans received from the applicant overcome any concerns officers had regarding the impact of the proposal upon the amenities of neighbours to the south. On balance it is considered that the proposal will not prejudice the living conditions of neighbours to a degree to warrant a refusal of planning permission. • The landscaping scheme has been revised to include additional tree planting along the southern boundary of the site, to the rear of 7 Bronwydd Close in order to provide some natural screening of the development. This additional planting involves a native hedge and two additional trees.

8.13 Planning permission is recommended subject to conditions and an agreement under Section 106 of the Town and Country Planning Act.

238 239 240 241 242 243 LOCAL MEMBER OBJECTION

COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/1221/DCO APPLICATION DATE: 13/07/2011

ED: LLANDAFF NORTH

APP: TYPE: Full Planning Permission

APPLICANT: Mrs Michelle Hartley LOCATION: FORMER COW & SNUFFERS, GABALFA ROAD, LLANDAFF NORTH, CARDIFF, CF14 2JH PROPOSAL: CONVERSION OF THE COW AND SNUFFERS PUBLIC HOUSE INTO 5NO FLATS ______

RECOMMENDATION 1: That, subject to persons having relevant interest in the application site entering into a binding planning obligation in agreement with the Council under SECTION 106 of the Town and Country Planning Act 1990 encompassing the matters referred to in paragraph 8.6 of the Chief City Development Officer's report planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. The consent relates to the application as amended by the revised plans numbered 631/PA/05D, 06D, 07D, 08D and 09D attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

3. The refuse storage facilities hereby approved shall be provided before the development is brought into beneficial use and shall be thereafter retained for future use. Reason: To secure an orderly form of development and to protect the amenities of the area.

4. The cycle parking spaces hereby approved shall be implemented prior to the development being put into beneficial use. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the secure parking of cycles.

5. C4P Landscaping Design & Implementation Pro

6. C4R Landscaping Implementation

7. D7Z Contaminated materials

244 8. E7Z Imported Aggregates

9. C2N Drainage details

10. C5A Construction of Site Enclosure

11. Prior to the commencement of development, details of the 3 no. sets of gates shown on drawing no. 631/PA/09D serving the pedestrian access shall be submitted to and approved in writing by the local planning authority. The gates shall be constructed in accordance with the approved details prior to the beneficial occupation of the first dwelling unit and retained thereafter. Reason: To ensure a satisfactory form of development.

RECOMMENDATION 2: That the applicant be advised to obtain the consent of the Operational Manager, Transport, Strategy & Projects prior to stopping up the existing access onto Gabalfa Road and reinstating it to full footway use.

RECOMMENDATION 3: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

RECOMMENDATION 4: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

(i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife

245 and Countryside Act 1981 to spread this invasive weed; and

(iii) the safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

RECOMMENDATION 5 : The applicant be requested to consult with those neighbouring residents that enjoy a right of access through the site to agree the means by which the residents will continue to exercise those rights and if necessary the provision of keys to the gates shown on the submitted plans.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1 Full planning permission is sought for the conversion of the former Cow and Snuffers Public House on Gabalfa Road, Llandaff North into 5 no. flats (4 no. 2 bedroom flats and 1 no. 3 bed flat).

2 Flat No. 3 would be sited at the rear in the converted single-storey extension (former skittle alley) and would receive a private amenity area. No private amenity space is provided for Flats 1, 2, 4 and 5.

3 Defensible planting space is proposed to the side of Flat 1 and the front of Flat 2, where they front onto the access lane.

4 No off-street parking provision would be provided, however 12 no. cycle parking spaces are proposed within a secure structure.

5 A communal refuse storage area would be provided within the single-storey part of the original building.

6 A design and access statement has been submitted with the application.

2. DESCRIPTION OF SITE

2.1 The Cow and Snuffers Public House ceased trading in July 2010 and has remained vacant since its closure. The building is locally listed.

2.2 The rear of the site is accessed via a side access lane which leads to an area formerly utilised as a beer garden and smoking area. Two access paths lead from this area to Gabalfa Avenue; these paths are overgrown, subject to fly tipping and appear to be unused.

2.3 The site is surrounded on all sides by neighbouring residential properties.

246 Neighbouring properties on Gabalfa Road have access rights onto this former beer garden and access lane.

2.4 The site is generally flat and level.

3. SITE HISTORY

3.1 11/00648/DCO: Permission sought in April 2011 for conversion of the Cow & Snuffers into 7 no. flats. Withdrawn prior to determination in June 2011.

3.2 93/1375/W: Permission granted in December 1993 for the re-erection of a skittle alley.

3.3 87/00136: Boundary wall and staircase.

3.4 12811: Alterations

3.5 00085: Redevelopment plan

4. POLICY FRAMEWORK

4.1 Planning Policy Wales, 4th Edition (February 2011) is relevant.

4.2 The following Policies from the South Glamorgan (Cardiff Area) Replacement Structure Plan 1991 – 2011 (April 1997) are relevant:

EV1 Towards Sustainable Development EV2 Urban Regeneration MV1 Location of New Developments MV2 Commuted Payments MV13 Equality of Access H7 Enhancement and Conversion B1 Conservation of the Built Environment B2 Improvement of Environmental Quality

4.3 The following policies of the City of Cardiff Local Plan (January 1996) are relevant:

11 Design and Aesthetic Quality 17 Parking and Servicing Facilities 18 Provision for Cyclists 19 Provision for Pedestrians 20 Provision for Special Needs Groups

4.4 The following Policies from the deposit Unitary Development Plan (October 2003) are also relevant:

1A General Principles for the Location of Development 1B Achieving Good Design 1D Homes and Community Facilities

247 1I The Historic Environment 1K Movement and Transport Priorities 1N Car Parking 2.20 Good Design 2.21 Change of Use or Redevelopment to Residential Use 2.24 Residential Amenity 2.52 Locally Listed Buildings 2.57 Access, Circulation and Parking Requirements 2.74 Provision for Waste Management Facilities in Development

4.5 Relevant Supplementary Planning Guidance documents:

Access, Circulation and Parking Standards (January 2010) Developer Contributions for Transport (January 2010) Waste Collection and Storage Facilities (March 2007)

5. INTERNAL CONSULTEES RESPONSES

5.1 The Operational Manager, Transportation has no objection to the proposed development which contains no off-street car parking and advises that provision of 12 no. cycles parking spaces (i.e. approximately 1 no. space per bedroom) in a secure, lockable structure, will be sufficient. In view of the lack of off-street parking within the development, he considers that a greater emphasis will be placed on public transport facilities in the area. Being mindful of this, he requests that a financial contribution of £3,196 be secured via a Section 106 Agreement to provide a crime camera in a bus shelter directly outside the application site.

5.2 The Operational Manager, Waste Management considers that the proposed waste and recycling facilities are acceptable. He advises that the developer be informed that access paths to the kerbside for collection should be at least 1.5 metres wide, clear of obstruction, and of smooth surface with no steps.

5.3 The Operational Manager, Environment (Contaminated Land) has no objection subject to conditions on imported soils and aggregates and an advisory notice on contaminated and unstable land.

5.4 The Operational Manager, Drainage Division, considers that the development would not result in an increase in hard surface areas, which he assumes currently drain into the existing system. He has no objection however he recommends that Welsh Water be consulted on the proposals.

5.5 The Operational Manager, Environment (Noise & Air) has no objections and recommends an advisory note relating to construction site noise be attached to any permission that may be granted.

6. EXTERNAL CONSULTEES RESPONSES

6.1 Welsh Water recommends that conditions relating to drainage be attached to any permission that is granted.

248

7. REPRESENTATIONS

7.1 Local Members have been consulted. Councillor A Rowland-James requests that Planning Committee undertake a site visit and, together with Councillor J Hooper, supports the neighbouring occupiers in respect of their land and health and safety issues.

7.2 Julie Morgan AM advises that, whilst the site constitutes brownfield development, there is significant concern that the development will increase parking pressures in this area. She also expresses concern that rights of way for refuse will be impeded. To overcome her parking concerns she recommends that any permission be subject to a Section 106 Agreement preventing residents of the refurbished building from applying for a local resident permit. She also advises that, contrary to the agent’s assertion that the parking pressure would be no greater than the former use, the development will increase competition for limited resident parking in the vicinity. Finally, she requests that the Committee carry out a site visit.

7.3 Local residents have been re-consulted on the amended plans. 4 no. individual letters of objection have been received from the occupiers of 3 and 7 Gabalfa Road, and 11 Andrews Road, plus an un-addressed email. Their objections are summarised as follows:

(i) Infringement on covenanted right of way to the rear of properties on Gabalfa Road from landscaping areas and gated access; (ii) Depreciation in property values; (iii) No off-street parking provision leading to parking and congestion problems in the vicinity; (iv) Invasion of privacy through overlooking; (v) Increase in noise and pollution; (vi) Footway to Gabalfa Road is narrow and would be further impeded by development; (vii) No construction materials would be near their home; (viii) Development is not required; (ix) A site visit by Committee Members will be beneficial; and (x) Concern at loss of the existing building. (xi) 3 no. gates should not be put across the access lane.

8. ANALYSIS

8.1 The application was reported to Planning Committee on 12th October, 2011, when Members resolved to defer determination to enable a site visit to take place. The site visit occurred on Monday, 7th November, 2011.

8.2 The key issues for consideration of this application are the design and appearance of the proposals, transportation issues, impact upon residential amenity, restrictive covenants and objections from neighbouring occupiers.

8.3 The building was added to the local list in 1997 and is primarily concerned

249 with the three-storey main building; the later additions to the rear are not mentioned or considered to be historically significant.

8.4 The existing building has remained vacant since the former Cow & Snuffers public house ceased trading in July 2010. Whilst the loss of a valuable community asset is regrettable, it is noted that there are 3 no. existing public houses which still operate in Llandaff North. Therefore, the loss of the existing use to residential is not considered to result in significant harm to the local community.

8.5 It is noted that the proposed conversion would retain the original features to the front elevation including the stonework and timber. The sensitive restoration of this building of local interest would be a benefit and is considered to be a positive aspect of the proposals.

8.6 The addition of rooflights to the original building and the single-storey rear annexe are considered to be sensitive in their size and positioning and would improve the living conditions of the proposed units.

8.7 In respect of access and parking arrangements, the Operational Manager, Transportation, is willing to accept no off-street car parking in this instance, being mindful of the previous use, the site’s location being well served by public transport, and the applicant’s willingness to enter into a Section 106 Agreement to secure £3,196 towards public transport enhancements within the vicinity of the site.

8.8 The amended proposals are considered to result in an improved design solution which overcomes previous concerns held by officers. The allocation of the entire amenity space at the rear of the site to the sole ownership of Flat 3 is considered to be an improvement in the workings of this space, ensuring that the amenities of this largely single-aspect unit are protected. Whilst the remaining 4 no. flats would not receive any amenity space on site, it should be noted that the site is located a short distance from the nearby Taff Trail and Hailey Park open space. This is considered to be acceptable.

8.9 The reduction to 5 no. units also ensures that the potential conflict between users of the access lane and occupiers of Flats 2 and 3 are minimised. Both of these flats now have dual aspects, and together with the introduction of defensible space along the access lane, would ensure a satisfactory living environment is created for future occupiers of these units.

8.10 The relocation of the refuse storage facility and cycle storage facility closer to the adopted highway is also a benefit which is accepted by the Operational Manager, Waste Management, and the Operational Manager, Transportation.

8.11 The proposed conversion would create bedroom windows at first floor level facing towards the rear garden of 3 Gabalfa Road, by re-using existing openings previously used for a kitchen and bedroom in the former manager’s flat. Although these windows are a sub-standard distance from this neighbouring occupier, the relationship is not considered to be objectionable,

250 mindful of the previous use (which could be reinstated without the need for planning permission).

8.12 A number of objections have been received from local residents, supported by Local Councillors and Julie Morgan AM regarding the legal covenants granting properties on Gabalfa Road access rights along the lane. Any restrictive covenants on the site are matters that must be pursued under separate legislation; this application must be determined on its own planning merits. A relevant condition is attached to agree details of the gate design prior to the commencement of development.

8.13 In respect of other neighbour objections which have not already been addressed in this analysis:

(i) depreciation in property values are not a planning consideration; (ii) it is not considered that the proposed use would result in increased noise and pollution above that previously generated by the former public house. The applicant is reminded of the permitted hours of construction (see recommendation 3); (iii) demand for the development is not a planning matter; this application must be determined in accordance with normal procedures; and (iv) the request for a site visit is noted.

8.14 Councillors A Rowland-James and J Hooper, together with Julie Morgan AM request that Planning Committee undertake a site visit prior to the determination of this application.

8.15 In conclusion, the amended proposals are considered to result in an improved design solution for the effective restoration and preservation of the existing locally listed building. The proposals are considered to create a satisfactory relationship with neighbouring properties. The site is well served by public transport and the completion of a legal agreement to secure provision of improved public transport facilities in the vicinity of the site outweighs against the lack of off-street parking. It is recommended that permission be granted subject to relevant conditions and the completion of a Section 106 Agreement to secure the contribution detailed in paragraph 8.6.

251 252 253 254 255 256 LOCAL MEMBER OBJECTION AND PETITION

COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/1222/DCO APPLICATION DATE: 13/07/2011

ED: RHIWBINA

APP: TYPE: Full Planning Permission

APPLICANT: Jonwain Limited LOCATION: LAND ADJACENT TO 6 HEOL-Y-NANT, RHIWBINA, CARDIFF, CF14 6BS PROPOSAL: PROPOSED CONSTRUCTION OF A FOUR BED DWELLING ______

RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. D3D Maintenance of Parking Within Site

3. C2N Drainage details

4. Details submitted in discharge of condition 3 shall incorporate ground permeability tests to determine if ground conditions are suitable for the use of soakaways. Reason: To ensure an orderly form of development

5. C7S Details of Refuse Storage

6. C5A Construction of Site Enclosure

7. E7Z Imported Aggregates

8. C2H No Structures Within Curtilage

9. This consent relates to the application as supplemented by the streetscape received from the agent on 28th July 2011. Reason: The information provided forms part of the application

10. The first floor windows on the rear and side (south) elevations and the ground floor windows on the side (north) elevation shall be non opening below a height of 1.8 metres above internal floor level and glazed with obscure glass and thereafter be so maintained. Reason: To ensure that the privacy of adjoining occupiers is protected.

11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending,

257 revoking or re-enacting that Order) no windows shall be inserted in the rear or both side elevations apart from those windows hereby approved. Reason: To ensure that the privacy of adjoining occupiers is protected.

12. E1B Samples of Materials

13. The dwelling shall achieve a minimum of Level 3 of the Code for Sustainable Homes. No dwelling shall be occupied until a final Code Certificate has been issued for that dwelling certifying that Code Level 3 has been achieved. On issue of the Code Certificate a copy shall be submitted to the Local Planning Authority. Reason: In the interests of promoting sustainable building design, to reduce carbon emissions and greenhouse gases arising from development, to assist in mitigating against the affects of climate change, in accordance with paragraph 4.11.4 of PPW Edition 3 (July 2010).

14. This consent relates to the application as amended by the revised plans numbered 2000-PA-06C (Elevations and Section) and 2000-PA-05C (Plans Dwelling) received on 7th October 2011attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

15. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no roof lights shall be inserted into both side facing roof planes apart from those roof lights hereby approved. Reason: To ensure that the privacy of adjoining occupiers is protected.

RECOMMENDATION 2: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

(i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site:

• Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and

258

(iii) the safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

RECOMMENDATION 3: The applicant should be advised to contact the Operational Manager (Street Operations) in order to discuss any works within the adopted highway.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 Planning permission is sought for the construction of a four bed dwelling at land adjacent to 6 Heol Y Nant. The dwelling will measure 5.9 metres wide, 9.8 metres deep, 5.3 metres to eaves with a maximum height of 8.5 metres. The dwelling will be finished in render with a slate roof. Windows are provided within the front and rear at ground and first floor with a ground floor obscure window and two rooflights within the northern elevation and a first floor obscure window and four roof lights within the southern elevation.

1.2 One off road car parking space will be provided to the front of the dwelling. Levels on site will not be altered by the scheme. A 1.5m high timber fence will be erected along the boundary of the new plot and the existing plot at No. 6. The existing boundaries to the rear and south will be retained.

1.3 The application has been supplemented by a streetscape which illustrates that the eaves and ridge of the dwelling will be identical in height to No 6 Heol Y Nant, the neighbouring property to the north.

1.4 Amended Plans have been received to address the following issues:

• To correct a mistake within the height of the eaves of the dwelling as illustrated within the elevations. • To ensure that any roof light is positioned at least 1.8m above the internal floor level of the dwelling to overcome any concerns regarding the privacy of neighbours.

2. DESCRIPTION OF SITE

2.1 The application site is the side garden of 6 Heol Y Nant. The site is laid to grass with some mature shrubbery to the side and rear. The boundary enclosures consist of brick walls and privet hedging.

2.2 The application site is within a residential area. To the west is a fire station.

259 The houses in the immediate surrounding area are two storey and a mix of semi detached and terraced dwellings. The plots immediately to the south are pitched roof semis with a small row of terraces to the north with a unique gable design.

3. SITE HISTORY

3.1 Planning Application 11/1058/DCO – Four Bedroom Dwelling – Withdrawn 14th July 2011

4. POLICY FRAMEWORK

4.1 The site lies within an existing area of housing, as defined in the adopted City of Cardiff Local Plan (January 1996). The following Local Plan policy is relevant:

11 (Design and Aesthetic Quality) 17 (Parking and Servicing Facilities)

4.3 The following policies from the deposit Unitary Development Plan (October 2003) are of relevance:

2.20 (Good Design) 2.24 (Residential Amenity) 2.57 (Access, Circulation and Parking Requirements)

4.4 The following Supplementary Planning Guidance is of relevance:

Access, Circulation and Parking Requirements (2006) Cardiff Residential Guide (2008) Infill Design Guide (2011)

5. INTERNAL CONSULTEES RESPONSES

5.1 The Operational Manager (Transportation) has no objection to the scheme subject to condition 2.

5.2 The Urban Design Officer notes:

The principle of the development of this site is considered acceptable from a design perspective. The proposed dwelling would be positioned between a small row of terraced properties and a pair of semi-detached dwellings. The two properties immediately neighbouring the site have differing roof forms, though each have roof slopes facing the application site. As such the simple roof form proposed would provide a degree of balance between the neighbouring dwellings and consistency in the roofline along the street. The proposed roof is therefore considered acceptable from a design perspective.

In order that the proposal forms a natural addition to the existing streetscene it is important that the eaves and ridge height of the dwelling are consistent with

260 that of the neighbouring dwellings and that the dwelling is positioned on the same building line.

The proposed development includes the removal of part of the front garden and the majority of the existing boundary treatment of the property to allow for the provision of an off street parking space. Attention should subsequently be paid into ensuring that a suitable level and quality of boundary treatment is retained and / or provided in order to ensure the scheme does not appear to car dominated from within the street.

Given the constraints of the application site it is important that the proposed development creates little adverse impact on the residential amenity of the occupiers of the neighbouring dwellings. The dwelling should also provide a suitable environment for future occupiers in terms of issues such as the levels of light it would receive and quality of the amenity space provision.

5.3 The Operational Manager (Drainage) has no objection subject to conditions 3 and 4.

5.4 The Operational Manager (Pollution Control) has no objection subject to a condition regarding imported aggregates (condition 7) and a recommendation provided advice on contaminated land.

5.5 The Operational Manager (Waste Management) has no objection to the proposal.

6. EXTERNAL CONSULTEES RESPONSES

6.1 Welsh Water has no objection subject to condition 3.

7. REPRESENTATIONS

7.1 Local Members have been consulted and Councillors J Cowan and B Jones object to the application. They feel it would be incongruous in the street, as the proposal is set in such close proximity to neighbouring properties. Members request a Committee Site Visit.

7.2 Adjoining neighbours have been consulted. The application was also advertised by way of a site notice which expired on 13th August 2011.

7.3 A petition signed by 70 signatures was received from occupiers of Heol Y Nant, Tyn-Y-Parc Road, Upper Tyn-Y-Parc Terrace, Leamington Road and Maes Y Felin. The petitioners object to the development as they feel it is overdevelopment of the land and detrimental to the street scene.

7.4 66 identical letters were received from occupiers of Heol Y Nant, Tyn-Y-Parc Road, Upper Tyn-Y-Parc Terrace, Leamington Road and Maes Y Felin. These residents object to the proposal for the following reasons:

261 • It would be overdevelopment of the plot of land. • It would be detrimental to the street scene. • Parking is already an issue as residents from Maes-Y-Felin and Tyn-Y- Parc Road park along this end of the road due to necessity and also bearing in mind the access required for Whitchurch Fire Station which is directly opposite this property. • It is un-neighbourly to the elderly residents of No. 4 Heol Y Nant who have lived there a long time and are very well respected in the area. • It sets a precedent for ‘garden grabbing’ which would make it harder to resist future claims which eventually would totally destroy the character of the area thereby affecting the quality of life of the local residents.

7.5 Additional letters of objection have been received from the occupiers of No’s 4 and 37 Heol Y Nant for the following reasons:

• The proposed property is inappropriate to the area. • The site would be overdeveloped with little garden. • The current drainage/sewer system would not be able to cope with the development. • The proposal will exacerbate existing parking problems, particularly with the Fire Station opposite the site. • The proposal would cause the occupiers of 4 Heol Y Nant distress and detract from their human rights. • The provision of 4 toilets leads neighbours to believe the development would be used for multiple occupancy rather than a family home. This could further impact on the current levels of car parking. • The proposed property is very close to the boundary with 4 Heol Y Nant which may lead to difficulties in maintaining the property at No. 4. • The current hedge positioned between the site and No. 4 is difficult to maintain. This maybe better replaced by a wall. • The proposal will result in the current outlook (light and view from kitchen and landing) of the occupiers of No. 4 being prejudiced. • The proposal is an example of garden grabbing which will prejudice the overall character of the area.

8. ANALYSIS

8.1 It was decided at Planning Committee on 14th September 2011 to defer the application for a Site Visit. The Committee Site Visit took place on 3rd October 2011. The application was subsequently considered by Planning Committee on 12th October 2011 where it was resolved to defer the application to allow the Chief City Development Officer to report back to Committee potential reasons for refusal (see paragraph 8.12).

8.2 The key issues are the effect of the proposal upon the character and appearance of the area, the living conditions of neighbours and highway safety/car parking.

8.3 The application site is the side garden of a dwelling which is within an existing residential area as designated by the Cardiff Local Plan. Accordingly, to use this

262 land for the construction of a dwelling would not be out of accord with the general character of this area.

8.4 The proposal has been considered by the Councils Urban Design Officer who finds it acceptable. The urban design officer notes that the two properties immediately neighbouring the site have differing roof forms, though each have roof slopes facing the application site. As such the simple roof form of the proposed dwelling would provide a degree of balance between the neighbouring dwellings and consistency in the roofline along the street. The proposed dwelling is therefore considered an acceptable form of design. The urban design officer noted that it was important that the proposed dwelling had consistent eaves and ridge lines to neighbours and was constructed on the same building line. Accordingly, the agent has submitted a streetscape which illustrates that the proposed dwelling will have identical eaves and ridge heights as the dwelling to the north (No. 6). In addition, the dwelling is set along the same building line as neighbouring dwellings. The proposed dwelling is to be finished in render and slate to match the existing dwellings within the street. Condition 12 will ensure that the materials are approved by the LPA prior to the commencement of development. It is therefore considered that on balance the proposed dwelling will not prejudice the general appearance of the area. It should be noted that the application site is not contained within an area of any special designation such as a Conservation Area.

8.5 The size of the proposed dwelling is commensurate with the size of the dwellings adjacent to the site. The dwelling does not extend to the front or past the rear of neighbouring dwellings at No’s 4 and 6 Heol Y Nant. Furthermore, the proposed dwelling is approximately 9m from the rear boundary. It is noted that there are windows within the side (north) elevation of No. 4. However, the dwelling is sited to the north of these windows and would be positioned approximately 3.8 - 4m from these windows with No. 4. These windows appear to serve a kitchen and landing area. There are window within the side (south) elevation of the existing dwelling at No. 6 which are obscurely glazed and secondary in nature. The proposed dwelling will be approximately 1.6m from these windows within No. 6. Accordingly, it is officer’s opinion that given the size, position and orientation of the dwelling to neighbouring properties, the proposal will not be considered overbearing or un- neighbourly and will not prejudice the current levels of light experienced within the main habitable rooms of neighbouring properties or their private amenity areas to a degree to warrant a refusal of planning permission.

8.6 Spot heights of the existing site and the finished floor level of the proposed dwellings have been provided. It is clear from the street scene (which also includes the finished floor level of the dwelling) that the development will not be any higher than neighbouring dwellings. The proposed dwelling will be the same scale as the dwellings to the north, which is slightly smaller than the dwelling to the south. Accordingly, it is not considered that the proposal will prejudice the amenities of neighbours in this regard and no further information regarding levels of the site is required.

8.7 In regards to privacy, all windows within the side elevations and first floor rear elevation are to be obscurely glazed. The remaining windows (front elevation and ground floor rear elevation) are not considered to prejudice the privacy of

263 neighbours due to their distance from neighbouring properties. The proposed roof lights within the side facing roof planes will be positioned at a high level and would not allow occupiers of these rooms to overlook neighbouring properties. Conditions would be deemed necessary to ensure that the proposed obscurely glazed windows are obscurely glazed and to remove permitted development rights to install any further windows within the side and rear elevations.

8.8 In regards to the amenities of the occupiers of the proposed dwelling it is noted that all habitable rooms are of sufficient size and will be provided with adequate natural light (bedroom 1 and the master bedroom via high level roof lights). Approximately 70m² of amenity space will be provided for the proposed dwelling and a comparable area will be provided for the existing dwelling. To ensure that adequate amenity space for the dwelling remains and to protect the amenities of neighbours, permitted development rights should be removed for the future construction of any extension, roof extension and/or outbuilding within the curtilage of the site.

8.9 The Operational Manager (Transportation) has assessed the proposal and raised no objection. Conditions are required to provide the off road car parking space prior to the beneficial occupation of the development. Additional recommendations are made for the applicant to contact the Operational Manager (Street Operations) to discuss the works to take place to the adopted highway. It is noted that the proposal will not result in the loss of any parking spaces. Although vehicles can be parked to the front of the site at present, the formation of an off street parking space will compensate for any loss of any on street parking currently available. In addition, it is noted that the proposed site is close to all local public transport routes.

8.10 In regards to the comments received from Local Members and Neighbours which are not covered above, the following should be considered:

• The proposal is not considered to be over development of the site. The dwelling sits adequately in the plot providing sufficient amenity space for the proposed occupiers and the occupier of the existing dwelling at No. 6. Furthermore, the proposal will not result in an incongruous feature within the street scene and it can not be considered un-neighbourly. • The application site is a large side garden within a residential area as designated by the Cardiff Local Plan. There have been similar proposals elsewhere within the city and accordingly specific Supplementary Planning Guidance (SPG) has been written and adopted by the Council to provide guidance on these proposals (Infill Design Guide: SPG 2011). It is considered that on balance the proposed development meets the general principles and guidelines contained within the Infill Design Guide: SPG and the proposal are considered acceptable. • Welsh Water and the Operational Manager (Drainage) have no objection to the proposal. Conditions 3 and 4 will ensure that the drainage of the site is approved by Welsh Water and the Operational Manager (Drainage) prior to the commencement of development. • The effect of the proposal upon the occupiers of 4 Heol Y Nant has been considered above. It should be noted that there is no right to a view. In

264 addition, it is not considered that the proposed development will prejudice the human rights of these neighbours. • The maintenance of neighbouring properties is not a material planning consideration and would be a civil issue. • The applicant is willing to replace the existing hedge along the boundary with No. 4 with a wall should this be a more suitable means of enclosure for the occupiers of No. 4. This issue can be dealt with in discharge of condition 6. • The proposal is for 1 dwelling and not a HMO. Should the applicant wish to use the dwelling for a HMO or flats, planning permission would be required. Any such application submitted would be determined based on its own merits and subject to public consultation.

8.11 Planning permission is recommended.

8.12 Following the resolution of Planning Committee on 12th October 2011, the following potential reasons for refusal are offered:

The design, appearance and siting of the dwelling, has a detrimental impact upon the visual amenities of the surrounding area, contrary to the provisions of Policy 11 (Design & Aesthetic Quality) of the City of Cardiff Local Plan and Policy 2.20 (Good Design) of the deposit Cardiff Unitary Development Plan (October 2003)

The proposed detached dwelling would due to its siting being in close proximity to 6 Heol Y Nant would result in an unneighbourly and overbearing development which would adversely affect the amenities of the occupiers of 6 Heol Y Nant contrary to policy 2:24 (Residential Amenity) of the deposited Cardiff Unitary development (Oct 2003).

265 266 267 268 269 LOCAL MEMBER OBJECTION

COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/1285/DCO APPLICATION DATE: 09/08/2011

ED: FAIRWATER

APP: TYPE: Outline Planning Permission

APPLICANT: Mr Porch LOCATION: 19 FAIRWOOD ROAD, FAIRWATER, CARDIFF, CF5 3QF PROPOSAL: OUTLINE PLANNING APPLICATION FOR NEW DETACHED RESIDENCE AT LAND TO THE REAR OF 19 FAIRWOOD ROAD, FAIRWATER, CARDIFF, CF5 3QF ______

RECOMMENDATION 1: That outline planning permission be GRANTED subject to the following conditions:

1. A. Approval of the details of the layout, scale and appearance of the building(s), the landscaping of the site and access, (hereinafter called "the reserved matters") shall be obtained from the Local Planning Authority in writing before any development is commenced.

B. Plans and particulars of the reserved matters referred to in condition 1A above, relating to the access, layout, scale and appearance of any buildings to be erected, and the landscaping of site, shall be submitted in writing to the local planning authority and shall be carried out as approved.

C. Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission.

D. The development hereby permitted shall be begun either before the expiration of five years from the date of this permission or before the expiration of two years from the date of the last of the reserved matters to be approved, whichever is the later.

Reasons: A. In accordance with the provisions of Article (3)1 of the Town and Country Planning (General Development Procedure) Order 1995. B. and C. In accordance with the provisions of Section 92 of the Town and Country Planning Act 1990.

2. No development shall take place until ground permeability tests have been undertaken to ascertain whether sustainable drainage techniques can be utilised for the disposal of surface water and comprehensive details of a drainage scheme for the disposal of both surface water and

270 foul sewage have been submitted to and approved by the Planning Authority in consultation with Dwr Cymru Welsh Water. Reason: In the interests of sustainability.

3. The details submitted in pursuance of condition 1 hereof shall have particular regard to the preservation of the amenities and privacy of the occupiers of the adjoining properties. Reason : To ensure that the privacy and amenities of the occupiers of the adjoining properties are protected.

4. Prior to the development hereby permitted being brought into beneficial use provision shall be made within the site for the parking of 2no. vehicles and manoeuvring area in accordance with details to be submitted to and approved in writing by the Local Planning Authority, such approval shall be obtained prior to the commencement of development. The parking areas shown in the approved details shall be provided prior to the development being brought into beneficial use and thereafter shall be maintained and shall not be used for any purpose other than the parking of vehicles. Reason: To ensure that the use of the proposed development does not interfere with the safety and free flow of traffic passing the site in accordance with policy 17 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan.

5. D4A Landscape Scheme

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. The boundary treatment shall be completed before the dwelling hereby permitted is occupied. Development shall be carried out in accordance with the approved details. Reason: To insure that that the proposal is in-keeping with the character of its surroundings, in the interests of visual amenity.

7. Prior to the commencement of development the applicant shall provide details of a street lighting column, to be provided within the curtilage of the dwelling. The submitted details, as approved in writing by the Local Planning Authority shall be implemented, and the lighting provided prior to the first beneficial occupation of the dwelling hereby approved, and shall be maintained thereafter. Reason: In the interests of highway safety

8. The consent relates to the application as amended by the revised plans received on 5th October 2011 attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of

271 the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

. RECOMMENDATION 3: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

(i) determining the extent and effects of such constraints and; (ii) safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

The local planning authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 Outline planning permission is sought for the erection of a detached two storey dwelling on land to the rear of 19 Fairwood Road. The property has been subdivided in order to provide the plot for the proposed dwelling. The proposed property is to be accessed via Chatsworth Close.

1.2 All matters of detail are reserved for subsequent approval. However, an indicative site plan has been submitted as part of the current application. The plan shows the footprint of a detached dwelling, with parking fronting on to Chatsworth Lane.

2. DESCRIPTION OF SITE

2.1 The site is located to the rear of no.19 Fairwood Road, a semi detached dwelling. The site is accessed via a privately owned lane which serves dwellings nos. 1,2 and 3 Chatsworth Close and provides a secondary access to ‘The Bungalow’ at the end of the close. The site measures 00.03 Hectares and has been separated from the existing dwelling at 19 Fairwood Road by a 1.8 metre high closed boarded fence.

3. SITE HISTORY

272 3.1 None.

4. POLICY FRAMEWORK

4.1 The application site is identified in the proposals map of the adopted City of Cardiff Local Plan as a residential area.

4.2 Relevant Local Plan policies include:

Policy 17 (Parking and Servicing Facilities) Policy 18 (Provision for cyclists) Policy 19 (Provision for pedestrians) Policy 24 (Affordable and Special Needs Housing) Policy 31 (Residential Open Space Requirement)

4.3 The following policies of the Deposit Cardiff Unitary Development Plan (October 2003) are considered to be relevant to the proposal.

Policy 2.20 (Good Design) Policy 2.24 (Residential Amenity) Policy 2.45 (Trees Woodlands and Hedgerows) Policy 2.57 (Access, Circulation and Parking Requirements) Policy 2.64 (Air, noise and light pollution) Policy 2.74 (Provision of Waste Management Facilities in Development)

4.4 The following Supplementary Planning Guidance (SPG) is considered relevant:

(i) Infill Sites (ii) Access, Circulation and Parking (iii) Residential Design Guide (iv) Waste Collection and Storage

5. INTERNAL CONSULTEE RESPONSES

5.1 The Chief Transport, Infrastructure and Waste Officer (Drainage) advises that a condition requiring ground permeability tests to be undertaken to ascertain whether sustainable drainage techniques can be utilised and a drainage scheme for the disposal of both surface water and foul sewage has been submitted to and approved by the Planning Authority prior to the commencement of development.

5.2 The Operational Manager, Environment (Pollution Control) advises that conditions are required relating to the assessment for contamination of top soil or aggregates to be imported onto the site. Furthermore, advisory notes are also recommended, drawing the applicant’s attention to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities and the potential for contaminated and unstable land.

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5.3 The Operational Manager Waste Management has no objections and advises that details of waste collection and storage facilities will be required as part of a subsequent reserved matters application. 5.4 The Operational Manager Transportation advises:

‘I can confirm that I do not have any objection to this proposed outline application. Our Car parking requirements will be provided in accordance with our SPG. It is noted from the applicant’s submitted drawings that 3 off street car parking spaces will be provided within the site. However, it would be prudent to remove one of these spaces as 2 spaces will still satisfy our SPG. This will increase the width of both parking bays to approx 3.8m, and allow for easier manoeuvring of vehicles in and out of these spaces, as the width of Chatsworth Close at this location is only 3.8m. The vehicle turning area (shown on plan no 663/03/A) is acceptable. Furthermore to improve lighting in this part of the lane a street lighting column will be required (supplied, erected & connected at the expense of the applicant). This column is required in the interest of highway and pedestrian safety’.

Conditions and recommendations are recommended for any subsequent reserved matters applications in order to retain 2 parking spaces and a manoeuvring area, a site management condition, a condition requiring the applicant to provide a street lighting column, in a position to be agreed with the Local Authority at their own expense. A recommendation is also advised informing the applicant of the requirement to surface the parking and manoeuvring area in permanent material e.g. tarmac or block paving (not stones, gravel etc) and clearly marked for ease of use.

6. EXTERNAL CONSULTEES RESPONSES

6.1 Welsh Water/Dwr Cymru requests a drainage condition to ensure no detriment to existing residents, the environment and to the Company’s assets.

7. REPRESENTATIONS

7.1 An objection has been received on behalf of Councillor L Ford and N McEvoy. The objection raises concerns regarding the scale of the proposed development and the proximity to neighbouring boundaries.

7.2 Letters of objection have been received from the occupiers of 64 and 66 Kirton Close, 1 not addressed, 2 Chatsworth Close, 15 and 17 Fairwood Road. The letters raise the following objections:

(i) Loss of privacy. (ii) Chatsworth Close is too narrow to accommodate additional traffic, there is little or no turning space. (iii) Additional traffic accessing using Chatsworth Close would exacerbate pedestrian safety concerns. (iv) Concerns regarding emergency services access to the property. (v) Loss of two mature trees on site prior to the submission of a planning

274 application. (vi) Approving this application would set a precedent for other properties along Fairwood Road to develop their rear gardens. (vii) Poor street lighting along Chatswoth Close. (viii) Large numbers of school children walk along Pwllmelin Road to two local schools. (ix) Loss of property value for neighbouring properties if planning permission is granted. (x) Pedestrians / cyclists entering Chatsworth Close from Kirton Close do so via a blind corner and vehicles would have no prior warning of the oncoming hazard. (xi) Lack of information on the submitted plans, for example, location of windows. (xii) Inconvenience / parking problems during construction.

8. ANALYSIS

8.1 The application was deferred at the October Committee for a Members’ site visit, which took place on 7th October, 2011.

8.2 This is an outline application, with all matters reserved for subsequent consideration. An indicative site plan has been submitted to indicate how the site may be developed. Representations received from neighbouring occupiers raised concerns regarding a lack of submitted information, for example, in relation to the location of proposed windows. If planning permission is granted comprehensive design plans will be required to carefully assess the full detailed proposal.

8.3 The proposed dwelling would not be readily visible within the streetscene along Fairwood Road. The dwelling would be visible from Chatsworth Close, although would be set back from the Close by approximately 5 metres (as shown on the indicative plan), and to some extent screened by trees and shrubs along the rear boundaries of the properties on Fairwood Road. The properties on Chatsworth Close and Kirton Close are of modern design and detached. The detached bungalow to the north of the application site is of a more traditional design and appears distinct from the remainder of the Close. The proposal would not be likely to detract from the character or the visual amenities of the vicinity. Conditions are attached, requesting the submission of detailed plans associated with the design of the dwelling and landscaping at the reserved matters stage.

8.4 The indicative site plan initially showed the proposed detached dwelling, with a footprint measuring approximately 9 metres in width and 7 metres in length. The application form indicates that the property is to be two storey in height. The applicant was advised of concerns regarding the proximity of the property to the side boundaries with no.17 Fairwood Road to the south and ‘The Bungalow’ to the north. An amended indicative site plan has subsequently been received showing a reduction in the width of the proposed dwelling, in order to maintain a minimum distance of 2 metres from the side boundaries of the property with no.17 and ‘The Bungalow’, Fairwood Road. The amended

275 proposal overcomes concerns regarding a potential overbearing impact upon these adjacent properties

8.5 The proposed dwelling shown on the indicative site plan is positioned approximately 9.6 metres from the shared boundary with no.19 Fairwood Road and 20 metres from the rear elevation. The property is shown as facing onto the side elevation of no.64 Kirton Close at a distance of 10 metres. There are no windows to habitable rooms within the side elevation of no.64. The closest residential property to the proposed dwelling is ‘The Bungalow’ to the north. The proposed dwelling would be a minimum of approximately 3.4 metres from the side elevation of ‘The Bungalow’. The proposed dwelling would be a minimum of approximately 2 metres from the shared boundary with the rear garden of no.17 Fairwood Road to the south. It is considered that a dwelling could be constructed on the proposed site without prejudicing the privacy or amenities of neighbouring occupiers. Concerns regarding a loss of privacy could be adequately addressed during the reserved maters application stage.

8.6 The proposed development would provide adequate amenity space for the proposed dwelling (approximately 90 square metres), whilst retaining approximately 100 square metres for the existing dwelling at no. 19 Fairwood Road.

8.7 The Operational Manager Transportation has no objections to the proposed development (see paragraph 5.4 above), amended plans have been received in accordance with the advice provided. One of the proposed parking spaces has now been deleted from the proposal in order to provide adequate manoeuvring space on site. In response to representations raising concerns regarding access to the site by emergency services, the Operational Manager Transportation advises that emergency services would be able to access the site via Kirton Close (on foot) if unable to negotiate Chatsworth Close. Condition 7 is recommended in order to ensure the provision of adequate street lighting, in the interests of highway safety.

8.8 In response to objections received which have not already been addressed within the report:

(i) No trees on site are subject of Tree Preservation Orders. The applicant has not committed an offence by removing trees on the site prior to the submission of the application. (ii) Impact upon property value is not a material planning consideration.

8.9 It is recommended that outline planning permission be granted, subject to conditions.

276 277 278 COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/1324/DCO APPLICATION DATE: 29/07/2011

ED: CANTON

APP: TYPE: Full Planning Permission

APPLICANT: Cardiff Council Education LOCATION: LAND ADJACENT TO SANATORIUM ROAD PROPOSAL: PROPOSED NEW BUILD 3 FORM ENTRY PRIMARY SCHOOL AND NURSERY ______

RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. No part of the development hereby permitted shall be commenced until a scheme detailing the measures necessary for the purpose of monitoring gases generated on the site or land adjoining thereto and for any measures necessary to protect the development has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall provide details of measures that are required to ensure the safe and inoffensive dispersal or management of gases and to prevent lateral migration of gases into or from land surrounding the application site. Gases includes landfill gases, vapours from contaminated land sites, and naturally occurring methane and carbon dioxide, but does not include radon gas. All measures specified in the above scheme shall (unless otherwise agreed in writing) be undertaken and completed prior to any development commencing or in accordance with a timetable as shall be previously agreed in writing with the Local Planning Authority and the measures shall be retained and maintained until such time as the Local Planning Authority agree in writing. Reason: To ensure that the safety of future occupiers is not prejudiced in accordance with policy 10 of the Cardiff Local Plan and policy 2.63 of the deposit Cardiff Unitary Development Plan.

3. Prior to the commencement of development the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to, and approved in writing by, the Local Planning Authority:

(1). A preliminary risk assessment which has identified: - all previous uses; - potential contaminants associated with those uses; - a conceptual model of the site indicating sources, pathways and receptors;

279 - potentially unacceptable risks arising from contamination at the site. (2). A site investigation scheme based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. (3) The site investigation results and the detailed risk assessment (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. (4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved. Reason: To ensure that the safety of future occupiers is not prejudiced, in accordance with policy 10 of the Cardiff Local Plan and policy 2.63 of the deposit Cardiff Unitary Development Plan.

4. Prior to occupation of any part of the development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a “long-term monitoring and maintenance plan”) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the local planning authority. Reports on monitoring, maintenance and any contingency action carried out in accordance with a long-term monitoring and maintenance plan shall be submitted to the local planning authority as set out in that plan. On completion of the monitoring programme a final report demonstrating that all long- term site remediation criteria have been met and documenting the decision to cease monitoring shall be submitted to and approved in writing by the local planning authority. Reason: To ensure that the safety of future occupiers is not prejudiced, to demonstrate that the remediation criteria relating to controlled waters have been met and (if necessary) to secure longer-term monitoring of groundwater quality, in accordance with policy 10 of the Cardiff Local Plan and policies 2.61 and 2.63 of the deposit Cardiff Unitary Development Plan.

5. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority, for an amendment to the remediation strategy

280 detailing how this unsuspected contamination shall be dealt with. Reason: To ensure that the quality of controlled waters and the safety of future occupiers are not prejudiced, in accordance with policy 10 of the Cardiff Local Plan and policies 2.61 and 2.63 of the deposit Cardiff Unitary Development Plan.

6. Any topsoil [natural or manufactured],or subsoil, to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the LPA. Reason: To ensure that the safety of future occupiers is not prejudiced, in accordance with policy 10 of the Cardiff Local Plan and policy 2.63 of the deposit Cardiff Unitary Development Plan.

7. Any aggregate (other than virgin quarry stone) or recycled aggregate material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes.

Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported aggregate is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the Local Planning Authority.

Reason: To ensure that the safety of future occupiers is not prejudiced , in accordance with policy 10 of the Cardiff Local Plan and policy 2.63 of the deposit Cardiff Unitary Development Plan.

8. No development shall take place until ground permeability tests have been undertaken to ascertain whether sustainable drainage techniques can be utilised and a drainage scheme for the disposal of both surface water and foul sewage has been submitted to and approved in writing by the local planning authority, which shall include sustainable drainage techniques if, as a result of the ground permeability tests, these have been found to be feasible. No part of the development shall be occupied until the drainage scheme is carried out and completed as approved. Reason: In the interests of the proper drainage of the site, in accordance with policy 2.61 of the deposit Cardiff Unitary Development Plan.

281

9. Before the development hereby approved is brought into use the developer shall install a grease trap to prevent entry into the public sewerage system of matter likely to interfere with the free flow of the sewer contents, or which would prejudicially affect the treatment and disposal of such contents. Thereafter the trap shall not be removed unless otherwise agreed in writing by the Local Planning Authority. Reason: To protect the integrity of the public sewer and avoid damage thereto

10. No development shall take place until details of facilities for the storage of refuse containers within the premises have been submitted to and approved in writing by the Local Planning Authority. Those details shall be implemented prior to beneficial use. Reason: To secure an orderly form of development and to protect the amenities of the area in accordance with policy 2.74 of the deposit Cardiff Unitary Development Plan.

11. No development shall take place until details of a car park within the curtilage of the site, including details of the 'one way' system of operation and associated signage and carriageway markings, have been submitted to and approved in writing by the Local Planning Authority. The car park shall be constructed, surfaced and laid out in accordance with the approved details before the development is brought into beneficial use. Thereafter the car park shall be maintained and shall not be used for any purpose other than the parking of vehicles. Reason: To make provision for the parking of vehicles clear of the roads so as not to prejudice the safety, convenience and free flow of traffic, in accordance with policy 17 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan.

12. No development shall take place until details showing the provision of a minimum of 24 no. cycle parking spaces have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be implemented prior to the development being put into beneficial use. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose, and the numbers shall be reviewed and increased as appropriate in accordance with the approved Travel Plan for the development Reason: To ensure that adequate provision is made for the sheltered and secure parking of cycles in accordance with policy 18 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan.

13. Details of the proposed highway works along Sanatorium Road shall be submitted to and approved in writing by the Local Planning Authority, these details to comprise, but not be limited to, the provision of tabled narrowings, 'gateway features' and the introduction of a 20mph zone including parking restrictions, together with associated beacon poles, ducting / cabling, tactile paving, kerbing, signing, lining and street lighting as agreed in principle on drawing. no. CTCAFH/004/001. The

282 scheme so approved shall be implemented prior to the beneficial occupation of the development. Reason: To ensure that a safe zone / crossing facilities are provided to the frontage of the school, in the interests of pedestrian and highway safety, in accordance with policies 16, 17 and 19 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan.

14. Details of the proposed highway works at the junction of Sanatorium Road/Lansdowne Road/Grosvenor Street shall be submitted to and approved in writing by the Local Planning Authority, these details to comprise, but not be limited to, improvements to increase the junction capacity, together with improved pedestrian facilities along the eastern side, including tactile paving, kerbing, signing, lining and street lighting as agreed in principle on Figure 5.3 - 'Mitigation Works At Lansdowne Road Signalised Junction' (attached to the submitted Transport Assessment). The scheme so approved shall be implemented prior to the beneficial occupation of the development. Reason: To ensure the improvement of the junction, to mitigate against the impacts of the school development, in accordance with policies 16 and 19 of the Cardiff Local Plan and policy 2.57 of the deposit Cardiff Unitary Development Plan.

15. Prior to the commencement of development a scheme of construction management shall be submitted to and approved in writing by the Local Planning Authority, to include details of construction traffic routes, site hoardings, site access and wheel washing facilities. The construction shall be managed strictly in accordance with the approved scheme. Reason: In the interests of highway safety and public amenity, in accordance with policy 2.57 of the deposit Cardiff Unitary Development Plan.

16. No part of the development hereby permitted shall be occupied until the Outline Travel Plan has been progressed and submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall set out proposals and targets, together with a timetable to limit or reduce the number of single occupancy car journeys to the site, and to promote travel by sustainable modes. The approved Travel Plan shall be implemented in accordance with the timetable as set out, unless otherwise agreed in writing with the Local Planning Authority. Reports demonstrating progress in promoting the sustainable transport measures detailed in the Travel Plan shall be submitted annually to the Local Planning Authority, commencing from the first anniversary of beneficial occupation of the development. Reason: In the interests of sustainability and in accordance with policies 13 and 17 of the Cardiff Local Plan and policies 2.20 and 2.57 of the deposit Cardiff Unitary Development Plan.

17. No development shall take place until details of the means of site enclosure have been submitted to and approved by the Local Planning Authority. The means of site enclosure shall be constructed in accordance

283 with the approved details prior to the development being put into beneficial use Reason: To ensure that the amenities of the area are protected and in the interests of site security and the prevention of crime, in accordance with policy 11 of the Cardiff Local Plan and policy 2.20 of the deposit Cardiff Unitary Development Plan.

18. A scheme for the illumination of all internal roads, footpaths and car park areas shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development and the approved scheme shall be implemented before the development is brought into beneficial use and shall be maintained thereafter. Reason: In the interests of site security and the prevention of crime, in accordance with policy 2.20 of the deposit Cardiff Unitary Development Plan.

19. Prior to beneficial use of the development hereby approved, closed circuit television cameras shall be installed around the building in accordance with details that shall previously have been submitted to and approved in writing by the Local Planning Authority. Thereafter the approved cameras shall be retained. Reason: In the interests of the prevention of crime, in accordance with policy 2.20 (Good Design) of the deposit Cardiff Unitary Development Plan and paragraph 4.10.12 of Planning Policy Wales (2011).

20. Prior to the commencement of development, a detailed scheme for the treatment and disposal of soils affected by Japanese Knotweed shall be submitted to and approved in writing by the Local Planning Authority. Such a scheme shall accord with the advice in the publication The Eradication of Japanese Knotweed (WDA: Cardiff 1998) and Guidance for the Control of Invasive Plants Near Watercourses (Environment Agency 2001). Thereafter the development shall be carried out in accordance with the approved scheme. Reason: To ensure the safe destruction and prevention of spread of Japanese Knotweed, in the interests of biodiversity and the control of contamination, in accordance with policy 2.63 of the deposit Cardiff Unitary Development Plan and Cardiff Supplementary Planning Guidance “Biodiversity” (June 2006).

21. No removal of trees, shrubs, bushes or hedgerows shall take place between 1st February and 15th August without prior written approval from the Local Planning Authority. Reason: To avoid disturbance to nesting birds, in accordance with paragraph 5.2.8 of Planning Policy Wales (2011).

22. Prior to the commencement of development, a mitigation strategy shall be submitted to and approved in writing by the Local Planning Authority which shall give details of how reptiles are to be translocated from the site to an alternative site before the commencement of development. This should include a survey of the receptor site, timing and methods of

284 searching and translocating, management of the application site to ensure no reptiles return once removed, long term management of the receptor site and future monitoring. Reason: To avoid harm to protected species, in accordance with Cardiff Supplementary Planning Guidance “Biodiversity” (June 2006) and paragraph 5.5.11 of Planning Policy Wales (2011).

23. No equipment, plant or materials shall be brought onto the site for the purpose of development until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority. These details shall include proposed finished levels, earthworks, hard surfacing materials, proposed and existing services above and below ground level, planting plans (including schedules of plant species, sizes, numbers or densities, and in the case of trees, planting, staking, mulching, protection, soil protection and after care methods) and an implementation programme. The details shall be consistent with other plans submitted in support of the application and the landscaping shall be carried out in accordance with the approved design and implementation programme. Reason: To maintain and improve the appearance of the area in the interests of visual amenity, in accordance with policy 11 of the Cardiff Local Plan and policy 2.20 of the deposit Cardiff Unitary Development Plan.

24. Any trees, plants, or hedgerows which within a period of five years from the completion of the development die, are removed, become seriously damaged or diseased, or become (in the opinion of the Local Planning Authority) otherwise defective, shall be replaced in the current planting season or the first two months of the next planting season, whichever is the sooner, unless the Local Planning Authority gives written consent to any variation. Reason: To maintain and improve the appearance of the area in the interests of visual amenity, in accordance with policy 11 of the Cardiff Local Plan and policy 2.20 of the deposit Cardiff Unitary Development Plan.

25. Prior to the commencement of development an Arboricultural Implications Assessment, in accordance with the requirements set out in the Cardiff Supplementary Planning Guidance “Trees and Development” (March 2007), shall be submitted to and approved in writing by the Local Planning Authority. Reason: To ensure the protection of trees that are of value to the local environment and wider landscape, in the interests of visual amenity, in accordance with policy 11 of the Cardiff Local Plan and policy 2.45 of the deposit Cardiff Unitary Development Plan.

26. No equipment, plant or materials shall be brought onto the site for the purpose of development until full details of the following have been submitted to and approved in writing by the Local Planning Authority, in accordance with the current British Standard for trees in relation to

285 construction.

An Arboricultural Method Statement (AMS), setting out the methodology that will be used to prevent loss of or damage to retained trees.

A Tree Protection Plan (TPP) in the form of a scale drawing showing the finalised layout and the tree and landscaping protection methods detailed in the AMS that can be shown graphically.

Unless written consent is obtained from the Local Planning Authority, the development shall be carried out in full conformity with the approved AMS and TPP. Reason: To ensure the protection of trees that are of value to the local environment and wider landscape, in the interests of visual amenity, in accordance with policy 11 of the Cardiff Local Plan and policy 2.45 of the deposit Cardiff Unitary Development Plan.

27. The building hereby permitted shall be constructed to achieve a minimum ‘BREEAM’ overall standard of ‘very good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (Reduction of CO2 Emissions). Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.11.4 of Planning Policy Wales (2011). 28. Construction of any building hereby permitted shall not begin until an ‘Interim Certificate’ has been submitted to the Local Planning Authority, certifying that a minimum ‘BREEAM’ overall standard of ‘Very Good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (Reduction CO2 Emissions) has been achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.11.4 of Planning Policy Wales (2011).

29. Prior to the occupation of the individual building(s) hereby permitted, a ‘Final Certificate’ shall be submitted to the Local Planning Authority, certifying that a minimum ‘BREEAM’ overall standard of ‘Very Good’ and the mandatory credits for ‘Excellent’ under the energy credits Ene 1 (reduction of CO2 Emissions) has been achieved. Reason: To ensure that the development is constructed in accordance with national planning sustainable building standards, in accordance with policy 12 of the Cardiff Local Plan, policy 2.20 of the deposit Cardiff Unitary Development Plan and paragraph 4.11.4 of Planning Policy Wales (2011).

. RECOMMENDATION 2: The applicant is advised that a commercial waste

286 contract is required for the collection and disposal of all commercial waste. By law (Section 47 of the Environmental Protection Act 1990) all commercial premises have a duty of care to ensure that their waste is transferred to and disposed of by a registered waste carrier.

RECOMMENDATION 3: It is recommended that an appropriate Waste Strategy is adopted to confirm that the school, once built, is capable of reaching recycling targets of 70% and moving towards zero waste.

RECOMMENDATION 4: The developer is advised that foul and surface water discharges must be drained separately from the site. No land drainage run-off shall be permitted to connect (either directly or indirectly) to the public sewerage system and the developer should contact the Local Authority Drainage Services for advice if it is intended to drain surface water to the public sewerage system.

RECOMMENDATION 5: The Duty of Care regulations for dealing with waste materials are applicable to any off-site movements of waste. The developer as a waste producer therefore has a duty to ensure that all materials removed go to an appropriate licensed disposal site and all relevant documentation is completed and kept in line with the regulations. If any waste is to be used on site, the developer will be required to obtain the appropriate exemption or authorisation from the Environment Agency. Further guidance is available from the Environment Management team at the Environment Agency Wales (tel: 029 2024 5110) or from the website www.environment- agency.gov.uk/subjects/waste/

RECOMMENDATION 6: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

(i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and

(iii) the safe development and secure occupancy of the site rests with the

287 developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

RECOMMENDATION 7: The developer is advised to liaise with the Transport Projects Team prior to undertaking the detailed design of the School Safety Zone and Highway Works as conditioned above and that Traffic Regulation Orders will be required to be implemented.

RECOMMENDATION 8: The applicant is advised to ensure that the diversion of the Ely Trail around the western boundary of the school site does not create a blind corner in the alignment of the trail, which could impact on the safety of pedestrians and cyclists using the route.

RECOMMENDATION 9: The developer is advised to ensure that the development is built to Secured By Design standards as promoted by South Wales Police. In particular, lighting should be installed for all internal roads, footpaths and car park areas, which complies with BS 5489-1:2003, CCTV should ensure adequate coverage of reception, main entrance, parking area and rear elevations, the proposed 2.3m fence and gates should meet Secured by Design standards and be installed with anti-tamper bars and solid foundations, perimeter security should be designed so that only the front of the School is accessible from Sanatorium Road and all site users have to access the building via the reception area, fencing should be extended from side elevations to the perimeter to ensure rear facilities are secure, adequate access control facilities should be installed at reception to ensure that persons are unable to access the building without prior approval, all external doors and windows should comply with SBD standards for schools, there should be a monitored alarm system with panic attack facility on the reception desk, waste bins should be secured in designated storage areas and, in order to deter entry via the roof, potential climbing features such as down pipes should be omitted and anti-climb features incorporated in the roof edges. For a full list of all Schools Secured by Design requirements and application form the applicant is directed to www.securedbydesign.com.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 The application seeks full planning permission for the construction of a new 3 Form of Entry Welsh-medium primary school with nursery, which will also be available for use by the local community. The school will offer 630 places in the age range 3 to 11, incorporating 48 Full Time Equivalent nursery places. The proposed development is part of a wider scheme to address the increase in demand for Welsh-medium primary education in the Canton area of the city and alleviate overcrowding in existing accommodation, which involves

288 transferring the pupils from the existing Ysgol Gymraeg Treganna in Radnor Road to the new site and also discontinuing the Welsh-medium primary school known as Tan-Yr-Eos, currently part of Ninian Park Primary School in Virgil Street, and transferring those pupils to the new school.

1.2 The building will be single storey with a taller central block with internal courtyard and will have a footprint of around 3528 square metres. It will be arranged in a “V” shape with a central main entrance set back from, and facing towards, Sanatorium Road. The building will be finished in grey coloured brickwork and “Trespa” cladding panels in orange, red, blue and green with some grey aluminium profile sheeting. Windows will be timber internally and powder coated aluminium externally. The roof will be grey standing seam with a photovoltaic array on the south facing roof of the central block.

1.3 Staff and visitor parking, cycle compounds and bin storage areas will be arranged around the curving access road at the front of the building, which will have separate entrance and exit points on Sanatorium Road. 30 car parking spaces and 48 cycle spaces will be provided along with a bus drop off/pick up point.

1.4 The existing boundary hedge and mature trees alongside Sanatorium Road will be retained, with some areas removed to provide the school entrances. The footpath along the site frontage will be resurfaced. A separate access from Sanatorium Road will be provided for maintenance vehicles and there will be a pedestrian access between the school and the existing playing fields to the south west.

1.5 Outdoor classroom areas, a grass surface playing field, hard court areas, play areas, a horticultural area and extensive landscaping will be provided within the school boundaries. The site will be enclosed by 2.3m high weldmesh security fencing.

2. DESCRIPTION OF SITE

2.1 The site of the proposed development is a vacant, triangular piece of land covering approximately 2.7 hectares with a frontage of around 265m to Sanatorium Road. It is bordered by playing fields and open space to the west and south west, warehouses and small manufacturing units to the north and north east on Sanatorium Road and the former Lansdowne Hospital site to the south (now Cardiff and Vale NHS Trust headquarters). The Lansdowne Surgery, a veterinary practice and a children’s nursery can also be found to the east, on Sanatorium Road.

2.2 The site is level and partly overgrown with Japanese knotweed. There is an extensive area of hardstanding which previously accommodated the civil service club building in the western part of the site. The Ely Trail currently passes through this area and will be diverted around the western boundary of the site as part of the development.

289 3. SITE HISTORY

3.1 None.

4. POLICY FRAMEWORK

4.1 South Glamorgan (Cardiff Area) Replacement Structure Plan 1991-2011: EV1 (Towards Sustainable Development); B4 (Greening of Urban Areas); MV1 (Location of New Developments); MV2 (Commuted Payments); MV11 (Parking); C8 (Protection of Water Resources); CL2 (Flooding Risk).

4.2 Cardiff Local Plan – 7 (Protection of Open Space); 9 (Development in Areas at Risk of Flooding); 10 (Contaminated or Unstable Land); 11 (Design and Aesthetic Quality); 12 (Energy Efficient Design); 13 (Energy Use); 14 (Facilities for Public Transport Services); 16 (Traffic Calming); 17 (Parking and Servicing Facilities); 18 (Provision for Cyclists); 19 (Provision for Pedestrians); 20 (Provision for Special Needs Groups).

4.3 Supplementary Planning Guidance - Access, Circulation and Parking Standards (January 2010); Trees and Development (March 2007); Waste Collection and Storage Facilities (March 2007); Open Space (2008); Biodiversity (2006).

4.4 Deposit Cardiff Unitary Development Plan – 2.20 (Good Design); 2.24 (Residential Amenity); 2.27 (Provision for Schools); 2.45 (Trees, Woodlands and Hedgerows); 2.49 (Protection of Open Space); 2.57 (Access, Circulation and Parking Requirements); 2.58 (Impact on Transport Networks); 2.62 (Flood Risk); 2.63 (Contaminated and Unstable Land); 2.74 (Provision for Waste Management Facilities in Development).

4.5 Planning Policy Wales (2011): 3.4.2: Developments must conform to the provisions of the Disability Discrimination Act. L.P.A.s have a duty when granting planning permission to draw applicants’ attention to their statutory obligations. It is open to planning

290 authorities to require broader access than required by the Act if this can be justified. 3.4.3: Developers should consider the need to make buildings accessible for all those who might use them. 4.4.2: Planning policies and proposals should (inter alia): • Locate developments so as to minimise the demand for travel, especially by private car • Minimise risks relating to unstable land, contaminated land and flooding • Facilitate sustainable building standards • Play a role in securing the provision of infrastructure • Contribute to the protection and improvement of the environment so as to improve the quality of life and protect local and global ecosystems • Encourage opportunities to reduce waste and pollution and promote good environmental management • Promote access to employment, shopping, education, health, community facilities and green space • Foster improvements to transport facilities. 4.10.9: Visual appearance, scale and relationship to surroundings and context are material planning considerations. Local planning Authorities should reject poor building and contextual designs. 4.10.12: Local Authorities are under a legal obligation to consider the need to prevent and reduce crime and disorder in all decisions that they take. 4.11.2: Development proposals should mitigate the causes of climate change by minimising carbon and other greenhouse gas emissions associated with their design, construction, use and eventual demolition. 4.11.3: Development proposals should also include features that provide effective adaptation to and resilience against the current and predicted future effects of climate change, for example by incorporating green space to provide shading, sustainable drainage systems to reduce run-off and are designed to prevent over-heating and to avoid the need for artificial cooling of buildings. 4.11.4: sets out the sustainability standards that the Assembly Government expects new buildings to meet. 5.2.8: Local Authorities must address biodiversity issues, insofar as they relate to land use planning, in development control decisions. 5.2.9: Local Planning Authorities should seek to protect trees, groups of trees and areas of woodland where they have natural heritage value or contribute to the character or amenity of a locality. 5.5.1: The effect of a development proposal on the wildlife or landscape of any area can be a material planning consideration. 5.5.4: In applications likely to result in disturbance to a protected species, local planning authorities should seek the advice of CCW. 5.5.11: The presence of a species protected under UK or European legislation is a material consideration. Local planning authorities should advise applicants that they must conform to any species protection provisions and should consult CCW. An ecological survey and assessment of likely impact on a protected species may be required. 5.5.13: Local Authorities have a duty to ensure that adequate provision is made for the planting or preservation of trees by imposing conditions and/or by making tree preservation orders.

291 8.4.2: minimum parking standards are no longer appropriate. 8.7.1: gives criteria for assessing applications for development with transport implications. 8.7.3: The proposed access to a development should reflect the likely travel patterns involved. 8.7.5: planning conditions and obligations may be used in appropriate circumstances to secure on-site or off-site facilities or improvements in public transport, walking and cycling where such measures would be likely to influence travel patterns to the site. 13.7.1: planning decisions should take into account the potential hazard that contamination presents to the development, occupants and the local environment, and the results of specialist investigation and assessment by the developer to determine contamination and identify remedial measures. 13.7.2: where significant contamination issues arise, the local planning authority will require evidence of a detailed investigation and risk assessment prior to determination of the application. Planning permission may be granted subject to conditions specifying necessary remedial measures or may be refused if contamination cannot be overcome satisfactorily.

4.6 Technical Advice Note 12 (Design).

4.7 Technical Advice Note 16 (Sport, Recreation and Open Space).

4.8 Technical Advice Note 5 (Nature Conservation and Planning).

4.9 Technical Advice Note 18 (Transport).

4.10 Technical Advice Note 15 (Flood Risk).

4.11 Technical Advice Note 22 (Sustainable Buildings).

4.12 Natural Environment and Rural Communities Act 2006, Section 40: Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity. Conserving biodiversity includes, in relation to a living organism or type of habitat, restoring or enhancing a population or habitat.

5. INTERNAL CONSULTEE RESPONSES

5.1 Operational Manager Transportation: A Transport Assessment (TA), based on surveys that were undertaken by Cardiff Council during May 2011 at the Sanatorium Road / Broad Street / Ffordd Kanetone roundabout and the Lansdowne Road / Grosvenor Road / Sanatorium Road signalised junction, was submitted in support of the application. This examines the likely effect of traffic associated with the new school development. The TA identifies that, as the majority of pupils will be transferring from existing schools, there will be a limited amount of traffic added to the existing highway network as a direct result of the proposal. It is proposed that those capacity issues currently experienced, particularly during the morning peak period, can be addressed through the comprehensive package of mitigation works that will be provided

292 as part of the proposed development, which together with increasing junction capacity focus on improving sustainable links to the site. These comprise the following: • A new 'School Safety Zone' on Sanatorium Road including 'Gateway' features, uncontrolled crossing points and a raised 'Zebra' Crossing; and • Improvements to the signalised junction of Lansdowne Road / Grosvenor Road / Sanatorium Road.

5.2 The Transport Assessment has been independently audited by Peter Brett Associates and examined by Officers, and is considered to represent a robust analysis in this respect. It is supported by an Outline Travel Plan (TP) and is based upon existing travel behaviour surveys. The principle of this document is accepted and will be progressed in liaison with the Council's Travel Plan Officer in order that those actions contained within it are realised once the school is in operation.

5.3 On the basis of the above, Transportation would have no objection to the principle of the proposed school, subject to conditions requiring approval of details of car parking and “one way” access arrangements within the site, cycle parking, the proposed highway works along Sanatorium Road to provide the School Safety Zone, the proposed highway works at the junction of Sanatorium Road/Lansdowne Road/Grosvenor Street, a construction management plan and a Travel Plan.

5.4 Chief Officer Highways and Waste Management (Drainage): No objection subject to a condition requiring ground permeability tests to be undertaken to ascertain whether sustainable drainage techniques can be utilised and approval of a drainage scheme for the disposal of both surface water and foul sewage.

5.5 Chief Officer Culture, Leisure and Parks (Parks Services): My only comment refers to the minor diversion of the Ely Trail around the western boundary of the school site, which appears to create a 'dog leg' in the alignment of the trail approximately mid-way along the boundary. My concern is that this dog leg may create a blind corner at this point, which, in turn, could impact on the safety of pedestrians and cyclists using the route. I would suggest that consideration be given to adjusting the alignment of the boundary/path in order to remove this blind corner.

5.6 Pollution Control (Contaminated Land): No objections subject to standard conditions regarding ground gas protection, contaminated land measures and imported materials.

5.7 Pollution Control (Noise and Air): No comments received.

5.8 Chief Officer Highways and Waste Management (Waste): Bin store A should have outward opening doors; Store B should have a concrete hardstand and tarmac path and should be large enough to accommodate multiple bins; the school should adopt a Waste Strategy to demonstrate that 70% recycling rates can be achieved, moving towards zero waste.

293

5.9 Chief Officer, Housing and Neighbourhood Renewal (Access Officer): No comments received.

5.10 Operational Manager, Strategic Estates Division: No comments received.

6. EXTERNAL CONSULTEES RESPONSES

6.1 Environment Agency Wales: The Flood Consequences assessment has demonstrated that the site would be flood free during the 1 in 100 year flood event. No objections to the application, subject to conditions relating to contamination. The site is located on an historic landfill, which received waste of an unspecified nature during the 1950s, and a site investigation has identified some contamination. As such there is significant potential for historic contamination to exist at the site which may pose a risk to controlled waters, namely the River Ely and the underlying Secondary Aquifer. There is also a groundwater abstraction approximately 50m from the site boundary.

6.2 Welsh Water: Foul and surface water discharges must be drained separately. No surface water shall be allowed to connect to the public sewerage system unless agreed by the local planning authority. No land drainage will be permitted to discharge to the public sewerage system. No development shall commence until a comprehensive drainage scheme has been approved by the Local Planning Authority. The developer shall provide a suitable grease trap. No problems are envisaged with the waste water treatment works. A water supply can be made available.

6.3 Police Crime Prevention Design Advisor: No objection but make comments and recommendations for conditions relating to security measures to accord with the basic principles of Secured by Design. Crime in the Canton area of Cardiff is considered to be at average levels. The site is not directly overlooked by residential properties and as a result there will be a requirement for robust physical security measures to be incorporated into the school design to minimise the risk of crime. Given the level of crime in the area, South Wales Police would wish to see the development built to Secured by Design standards, which has been proven to cut crime risks by at least 50%. There are also long term revenue benefits for the authority as buildings which suffer lower crime rates have the benefits of reduced maintenance costs for the authority

6.4 Countryside Council for Wales: No comments to make.

7. REPRESENTATIONS

7.1 The application was advertised by press notice, site notice and neighbour notification. 5 letters have been received, raising the following objections and concerns:

(1) Highway safety. A considerable amount of traffic uses Sanatorium Road to access the existing industrial units and depots. There are frequent

294 movements of large vehicles during the times that children would be arriving at or leaving the school. (2) The highway safety risk would compromise the operation of existing businesses, putting jobs at risk. (3) Not enough parking is proposed within the development. People will park on the road, which will affect existing businesses as customers will be prevented from parking there. This will be exacerbated by the “school safety zone”. (4) Contractors’ vehicles could block access for the existing businesses. (5) The adjoining fields and Ely Trail should remain accessible to the public. (6) There should be no negative impact on the natural environment. (7) Traffic congestion. Access to Sanatorium Road is limited to a small roundabout and a narrow road leading to Lansdowne road which is not wide enough to cope with the present volume of traffic. Congestion already occurs at “school run” times for the nearby Fitzalan Comprehensive. There is a lack of walking, cycling and public transport routes. The proposed remedy of encouraging car sharing will not address the problem and the widening of the footpath to create a cycle path will narrow the road, causing further congestion and problems for existing businesses.

7.2 Councillors Richard Cook, Cerys Furlong and Ramesh Patel support the application but make the following comments regarding the Transport Assessment and the need for improvements to the Sanatorium Road/Lansdowne Road junction and railway footbridge to Cowbridge Road East:

(1) At 3.9 in the Transport Assessment it says about the pedestrian bridge over the railway line that "Overall, the nature of the urban environment, the quality of footpath provision and the general appearance of the footbridge gives a poor perception of personal security. On this basis, it is fairly unlikely to be used by school children and parents unless a discernable improvement is achieved in attractiveness and quality. However, from the pelican crossing on Cowbridge Road this route is some 600m shorter than walking via Lansdowne Road and Sanatorium Road therefore consideration should be given to its upgrade to encourage its use." We ask that a section 106 agreement is signed to improve this footbridge.

(2) Section 3.9 also states that "An additional consideration is the junction of Lansdowne Road/Grosvenor Street where dedicated pedestrian crossing facilities are available only on the east and north side of the junction.....It is evident from both the footbridge and the roundabout of Sanatorium Road and Broad Street that walking routes are not direct and do not meet the needs arising from the new school. As a result, improvements to pedestrian provision particularly along Sanatorium Road and at Lansdowne Road/Grosvenor Street junction are likely to be required". The only transport improvements proposed at this junction are carriageway widening to two lanes with the footway narrowed, at Sanatorium Road, and carriageway re-marking to provide two approach lanes in Grosvenor

295 Street. Therefore we also ask for a section 106 agreement to be signed to improve pedestrian crossing facilities at this junction. Because of the high level of vehicle movements likely to be generated by the new school everything should be done to encourage walking to school, therefore both of these improvements are needed to achieve this aim.

8. ANALYSIS

8.1 There are no objections to the principle of the proposed development. In terms of land use policy, the site is shown as existing open space in the adopted Cardiff Local Plan. Policy 7 of the plan seeks to protect such areas by allowing development involving the loss of recreational or amenity open space only where: • they would not cause or exacerbate a local or city-wide deficiency of recreational open space; • the open space has no amenity or nature conservation importance; • the developers provide satisfactory compensatory open space.

8.2 The area is classified as amenity open space and policy 7 allows its loss only if it is deemed to have no amenity or nature conservation importance. Its amenity value (its contribution to the visual appearance of the area and the degree to which it provides an informal open space resource for local people to accommodate passive activities such as dog walking or nature study) has been assessed and it is noted that there are alternative areas for informal use of open space adjacent the site and that the site does not contribute significantly to the visual amenity of the area, being distant from residential properties, partly covered by a hardstanding area and Japanese knotweed and surrounded by tall hedgerows and trees (many of which are to be retained as part of the development).

8.3 There are no objections relating to the impact on the natural environment. The County Ecologist and CCW have raised no concerns regarding the impact on nature conservation. The eradication of the large area of Japanese knotweed from the site will benefit biodiversity. The site contains a medium-sized population of slow-worms, which must be translocated before development commences. Nesting birds can be protected from disturbance by a planning condition restricting the timing of vegetation removal.

8.4 Implementation of the scheme will involve the loss of 22 individual trees and 6 groups of trees from the western boundary of the site. None of the trees to be lost are of particularly high value and all are on the western side of the site where public views are limited. Substantial replacement planting is proposed which will mitigate the losses and provide longer term visual amenity, biodiversity and environmental benefits than the existing trees, provided the replacement species are carefully selected, planted in suitable ground and properly maintained. In order to ensure that this is the case, a detailed landscaping scheme can be required by condition.

8.5 A visually prominent row of lime trees will be retained on the Sanatorium Road frontage. These have considerable growth potential and could conflict

296 with the development in the future, leading to the need for unsuitable pruning or felling. Other retained trees may cause nuisance problems such as deposition of honeydew and organic matter in parking areas and outdoor teaching areas. However, it is considered that any conflict with trees at present would not be unduly significant and, provided a satisfactory Arboricultural Implications Assessment and Arboricultural Method statement are obtained, the impact of the development on trees can be adequately mitigated.

8.6 With regard to the design and appearance of the building, the submitted design ad access statement states that BREEAM “Excellent” will be achievable based on the use of photovoltaic panels, rainwater harvesting and passive design solutions. This is welcomed as an opportunity for the Council to demonstrate an exemplary approach to sustainable construction of a public building.

8.7 The form of the development is considered to be an appropriate response to the site context and the school will provide a new, attractive frontage to Sanatorium Road which will be in keeping with the scale of existing development in the area. The landscaping proposals present the opportunity for a varied and stimulating playground environment with sheltered and shaded areas provided by vegetation, canopies and courtyards. The treatment of boundaries will need to be carefully considered to ensure that the functionality of the building does not have a negative impact on the street scene or the adjacent open space. The landscape plan refers to the use of weld mesh fencing and soft landscaping to minimise boundary impacts, and this is considered appropriate.

8.8 An equalities impact assessment submitted with the application demonstrates that there will be no adverse impact on people in terms of race, disability, sexual orientation, belief, age, gender, human rights or the use of Welsh/other languages.

8.9 A major concern with regard to this development is the issue of access and connectivity, given that currently Sanatorium Road has only one access and egress point, which is via the roundabout to the east. A Transport Statement and Outline Travel Plan have been submitted and a number of potential improvements have been identified, such as widening the existing footway, narrowing the carriageway, providing new traffic signs, improving the junction at Sanatorium Road/Lansdowne Road and creating a School Safety Zone to include parking and speed restrictions. The Transportation Officer is satisfied that improvements can be carried out which will result in satisfactory access and parking arrangements to serve the development, and these can be achieved via planning conditions.

8.10 The Transport Assessment has been independently audited and is based on surveys that were undertaken by Cardiff Council during May 2011 at the Sanatorium Road / Broad Street / Ffordd Kanetone roundabout and Lansdowne Road / Grosvenor Road / Sanatorium Road signalised junction. The assessment identifies that there will be a limited amount of traffic added

297 to the existing highway network as a direct result of the proposal because the majority of pupils will be transferring from existing schools in the area. Road capacity issues currently experienced during “school run” times will be mitigated by the works which will be secured as part of this development, particularly the improvements to the signalised junction and improved pedestrian/cycle links to the site.

8.11 To the west of the application site is the larger vacant site at Paper Mill Road/Ely Bridge, which remains undeveloped. The current pedestrian/cycling route from this direction is very poor and involves the use of a footbridge over the railway line providing access to Cowbridge Road East, which is not well used and is subject to vandalism and graffiti. However, consideration is being given to upgrading the bridge and encouraging its use: there is a current proposal to install a “wheel runner” on the bridge, which will enable easier use by cyclists as the route is also on the Ely Trail.

8.12 A number of objections and concerns have been raised by local businesses and Members which largely relate to issues of parking, traffic congestion and highway safety and these are set out at paragraph 7.1 above. In response to the objections received from the public:

(1) Highway safety issues have been considered by the Transportation Officer, who has concluded that these can be addressed satisfactorily via planning conditions. (2) Following the required improvement works, there will not be such a highway safety risk that the operation of businesses will be compromised. (3) Adequate on-site parking is proposed, in accordance with the adopted Supplementary Planning Guidance “Access, Circulation and Parking Standards” (2010). “No waiting” zones will be implemented along Sanatorium Road during appropriate times and any parking by parents dropping off/picking up pupils will be short-term and will not affect customers visiting the businesses. (4) Construction vehicles can be prevented from interfering with the operation of existing businesses via an approved construction management scheme. (5) The adjoining fields and the Ely Trail will remain accessible to the public. (6) There will be no adverse impact on wildlife. The proposed tree planting, landscaping and eradication of knotweed will improve the appearance and biodiversity value of the site and the Council Ecologist has confirmed that reptiles currently inhabiting the site can be translocated. (7) The Transportation Officer has raised no objections relating to traffic congestion and is satisfied that road capacity issues will be satisfactorily mitigated by the proposed improvement works.

8.13 With regard to the concerns expressed by the Local Members:

(1) As this is a Council application, it is not possible to address this matter via a Section 106 obligation. However, the footbridge is part of the adopted highway and there are separate proposals to upgrade it as part of improvements to the Ely Trail.

298 (2) Following discussion with the applicant and the submission of further details and amendments, the Transportation Officer is now satisfied that the proposed improvements to this junction are adequate to meet the needs of the development. The improvements will be secured via a planning condition.

8.14 In conclusion, the proposal raises no land use policy concerns as in these circumstances the loss of the open space is permitted by policy 7 of the Local Plan. The development will have no overall negative impact on visual amenity or biodiversity and the building itself will be of an attractive design and will achieve a very high level of sustainability. The application site is in a location which has limited accessibility but the submitted Transport Assessment and Outline Travel Plan and details of proposed mitigation works show that accessibility can be enhanced and issues such as traffic congestion and highway safety can be addressed satisfactorily. It is therefore recommended that the application be approved subject to the conditions set out above.

299 300 301 302 303 304 305 LOCAL MEMBER OBJECTION

COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/1455/DCO APPLICATION DATE: 19/08/2011

ED: CANTON

APP: TYPE: Full Planning Permission

APPLICANT: Mr Dorel Riglas LOCATION: JUNCTION OF COWBRIDGE ROAD WEST & WESTERN AVENUE, ELY, CARDIFF. PROPOSAL: CHANGE OF USE TO USED CAR SALES PORTCABIN & FENCING ______

RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. C7S Details of Refuse Storage

3. D3C Parking Within Curtilage

4. C3E Turning Space Within Site

5. C3S Cycle Parking

6. C3F Details of Access Road Junction

7. Prior to the commencement of development a scheme of highway improvements and programme for their implementation are to be submitted to and approved in writing by the local planning authority. The scheme shall include, but not be limited to, the extension of the existing central traffic island within Western Avenue and the reconstruction and/or resurfacing as required of the adjacent carriageway including all associated works. The approved scheme shall be implemented prior to the beneficial use of the development hereby approved. Reason: To prevent ‘right turn’ manoeuvres into/out of the site in the interests of highway safety.

8. The floor space herby permitted shall not be used for purposes other than the display and sale of motor vehicles and shall not be used for any other purpose including those set out in Class A1 of the Schedule to the Town and Country Planning (Use Classes) Order 1987, or any provision equivalent to that class in any statutory instrument revoking, amending or re-enacting that Order with or without modification. Reason: To prevent other retail uses which may harm the vitality and

306 viability of defined development plan centres or threaten strategies for their protection or enhancement.

9. All vehicles for sale must be delivered to the site independently of each other and at no time shall multiple vehicles be delivered to the site by means of a vehicle transporter. Reason: in the interests of highway safety.

10. The means of site enclosure shall be constructed in accordance with the approved details prior to the development being brought into beneficial use and shall be maintained at all times. Reason To ensure that the amenities of the area and neighbouring occupiers are protected.

11. The consent relates to the application as amended by the revised site plan received on 27th September 201 attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

12. No member of the public shall be admitted to or allowed to remain on the premises between the hours of 20:00 and 09:00 Monday to Friday, 18:00 and 09:00 on a Saturday and 17:00 and 11:00 on a Sunday and Bank Holidays. Reason: To ensure the amenity of occupiers of other premises in the vicinity are protected.

13. The rating level of the noise emitted from fixed plant and equipment on the site shall not exceed the existing background noise level at any time by more than 5dB(A) at any residential property when measured and corrected in accordance with BS 4142: 1997(or any Britsh Standard amending or superseding that standard). Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

14. Prior to the commencement of development details of the proposed lighting for the site shall be submitted to and approved in writing by the Local Planning Authority. The approved lighting scheme shall be implemented prior to beneficial use of the development and thereafter maintained. Reason: In the interests of security and crime prevention, to ensure an orderly form of development and to ensure the amenity of the area and neighbouring occupiers are protected.

15. C7H No Vehicle Repairs on Site

RECOMMENDATION 2: That the highway works required by condition 7 and any other works to the existing or proposed adopted public highway are to be subject to an agreement under Section 278 and/or 28 of the Highways Act 1980 between the developer and Local Highway Authority.

307 RECOMMENDATION 3: That the applicant be advised to liaise with the Operational Manager (Highway Operations) in order to obtain the ‘Road Opening Permit’ associated with the alterations to the access required by condition 7 that lie within the adopted highway.

RECOMMENDATION 4: That the applicant be advised there is an existing ‘Prohibition of Driving Order’ in place along the existing access road and that this will require a variation to part of it in order that the site can be legally accessed off this point. The applicant will be expected to meet any costs associated with this.

RECOMMENDATION 5: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 Planning permission is sought for the change of use of a vacant piece of land to a used car sales centre. The car sales centre will be open 7 days a week between 9am – 8pm on Monday to Friday, 9am – 6pm on Saturday and 11am – 5pm on Sundays. Up to 5 employees will be employed at the premises. 12 customer parking spaces will be provided.

1.2 A portacabin will be placed on site measuring 18.3m wide, 7.4m deep and 2.3 metre high. The site will be enclosed by a 1.8m high green coloured chain link fencing to the west and south. The existing facing brick wall will be retained along the eastern boundary between the site and Aldsworth road to the east.

1.3 Access to the site will be via the access road off Western Avenue. There will be two gates to the front of the site allowing access into the display and sales area. Works to the highway at the junction of the access road and Western Avenue are proposed to ensure that there is no right turn in and out of the site.

2. DESCRIPTION OF SITE

2.1 The application site is a triangular piece of land located adjacent to the roundabout where Cowbridge Road East, Cowbridge Road West and Western Avenue meet (see attached OS plan). The land was formally housing which was demolished some time ago and is now open space. Following the demolition of the houses, the land has remained vacant and has become overgrown.

308

2.2 The land is accessed via an access road off both Western Avenue and Cowbridge Road East. However, this access road is currently blocked up. The site measures approximately 18m at its widest and 115m long.

2.2 The application site is currently under the ownership of Cardiff County Council. The correct land ownership notices have been served by the applicant.

3. SITE HISTORY

3.1 Planning Permission 99/449/W – Sponsorship scheme (Planting) – Approved June 1999

3.2 Planning Permission 95/1867/W – use of land as open space and construction of wall – Approved February 1996

4. POLICY FRAMEWORK

4.1 The site lies within an existing area of housing, as defined in the adopted City of Cardiff Local Plan (January 1996). The following Local Plan policy is relevant:

11 (Design and Aesthetic Quality)

4.3 The following policies from the deposit Unitary Development Plan (October 2003) are of relevance:

2.20 (Good Design) 2.24 (Residential Amenity)

4.4 The following Supplementary Planning Guidance is of relevance:

Access, Circulation and Parking Requirements

5. INTERNAL CONSULTEES RESPONSES

5.1 The Operational Manager (Transportation) has no objection to the proposal. Several conditions are recommended in order to provide adequate car parking, turning space and upgrading works to the existing access road and its junction to Western Avenue.

5.2 The Operational Manager (Waste Management) has no objection to the scheme.

5.3 The land use policy officer has no objection to the scheme subject to the provision of condition 8 restricting the use of the land.

5.4 The Operational Manager (Operational Management) has no objection in regards to noise and air pollution subject to conditions 12 and 13.

309

6. EXTERNAL CONSULTEES RESPONSES

6.1 None

7. REPRESENTATIONS

7.1 Councillor Richard Cook wishes to object to this planning application. The access and egress from the site are onto busy roads, with very little room for turning onto and out of the site. The selling of cars will result in distractions for motorists at the roundabout and will have a detrimental effect on road safety.

7.2 The occupiers of 105 Ely Road and 29 Aldsworth Road objects to the proposal for the following reasons:

• In the last few years the road has been moved nearer to 105 Ely Road which has affected quality of life and de-valued the property added to this will now be this application which involves a business being run directly the other side of the boundary wall at the side of the property increasing noise levels again. • Added to the street lighting will now be solar lights which impact on a number of rooms in 105 Ely Road. Added car fumes when cars are being moved around or started up by prospective buyers. Also when these buyers park their own cars. • Who would be liable for any damage to neighbouring property • When alterations to the road were made at the front of 105 Ely Road they became unable to park under 100 metres away. This application would impact on any possible application the owner of the 105 Ely Road may make for a side entrance to her property to allow off street parking. • There is adequate land available on the other side of Western Avenue that was a car sales business for many years and this proposal will lead to an overdevelopment of this area for car sales purposes particularly as there is a similar site to the west of the application site. • If this application is approved, the occupier of 105 Ely Road is requesting compensation for disturbance and the impact on quality of life. • Due to the profile of the land the portacabin will be visible above the back garden wall of 29 Aldsworth Road. Due to the proximity to the wall, the portacabin will be a security risk as it could provide access to the adjoining land of 29 Aldsworth Road. • The proposal will have a significant negative affect on the occupiers of 29 Aldsworth Road in relation to noise and night time lights.

8. ANALYSIS

8.1 It was decided at Planning Committee on 12th October 2011 to defer the application for a site visit. The Committee site visit took place on 7th November 2011.

8.2 The key issues are the effect of the proposal upon the character and

310 appearance of the area, the living conditions of neighbours and highway safety.

8.3 The site is identified as existing residential land in the City of Cardiff Local Plan. The housing that formally occupied the site has been demolished because of issues with air quality/pollution and the site lies vacant. The land use policy officer notes that the use of the site for car sales would therefore be acceptable in principle subject to an assessment of the impact of the proposal upon the residential amenity of neighbours. A condition restricting the use of the land to that applied for (i.e. car sales) would be necessary.

8.4 The proposed portacabin and fencing is considered acceptable in regards to their appearance. Although the site is visible from Western Avenue it is set off the main highway and the portacabin will be of a single storey scale and would not appear incongruous within the street scene. In addition the proposed green wire link fencing is also considered acceptable and will not prejudice the visual amenities of the area. It is noted that the existing brick enclosure to the east of the site, adjacent tot the properties on Aldsworth Road is to be retained.

8.5 In regards to residential amenity, the Operational Manager (Pollution Control) has no objection to the proposal subject to conditions restricting opening hours and plant noise. It is noted that the dwellings to the rear are between 15 – 25 metres from the site and the existing brick wall between the site and the houses to the rear will be retained. Accordingly, it is not considered that the proposal will prejudice the residential amenity of neighbours.

8.6 The Operational Manager (Transportation) has fully considered the proposal and confirms that subject to the required works to the highway the proposal is considered acceptable. It is not considered that the proposed access to the site will prejudice highway safety. It is noted that there are premises to the west of the site, on the other side of Western Avenue, which has historically been used for car sales without any detriment to the safety of highway users. The proposed works will ensure that there is no ability for vehicles to turn right into and out of the site. This will ensure that vehicles can only access the site whilst travelling north to south along Western Avenue. In addition the access road, where nearest to Cowbridge Road East will remain blocked to ensure that the access road to the site does not become a ‘rat run’ of users of Western Avenue in order to miss the roundabout to the east of the site. The applicant is aware of the need to enter into a legal agreement under Section 278 of the Highway Act in order for this work to the adopted highway to be completed. In addition a further condition restricts the delivery of vehicles to the site by means of a transporter as the current access would not be wide enough to allow such deliveries. Committee should note that along this section of Western Avenue there is a no stopping restriction which would ensure that no delivery vehicle is permitted to stop along Western Avenue.

8.7 In regards to the comments received from Cllr Cook and neighbours which have not been covered above, the following points should be considered:

311 • The operational manager (pollution control) has considered the proposal and it is not considered that the proposal will lead to a rise in noise or air pollution subject to conditions 12 and 13. • The effect of the proposal upon the valuation of neighbouring properties is not a material planning consideration. • The effect of the historical works along Western Avenue upon the occupier of 105 Ely Road are not a material planning consideration. • Condition 14 will ensure that full details of the lighting and their luminance will be submitted to the LPA prior to the commencement of development. This will ensure that the amenity of neighbours will be maintained. • Any damage to neighbouring properties as a result of this development is a civil issue and not a material planning consideration. • It is not considered that this application will prejudice any future application for planning permission at 105 Ely Road. • The application has been submitted and it must be decided upon its own merits in regards to the relevant land use policies. It is noted that there has historically been a site to the west of the application site used for car sales. It is not considered that this application prejudices the general character of the area and will result in the over concentration of one use in this area. • The proposed portacabin is single storey in scale and sited within the application site. The roof of the portacabin may just be visible above the brick wall along the eastern boundary of the site. The portacabin will be between 15 – 25m from the dwellings on Aldsworth Road. It is not considered that the portacabin will prejudice the visual amenities of neighbours. • The proposal is not considered to lead to an increase in crime in the area. Any trespass onto neighbouring properties should be reported to the Police.

8.8 Planning permission is recommended for approval.

312 313 314 315 316 2 NO. PETITIONS & LOCAL MEMBER OBJECTIONS

COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/1486/DCO APPLICATION DATE: 25/08/2011

ED: RUMNEY

APP: TYPE: Full Planning Permission

APPLICANT: Mr Sean Taylor LOCATION: 100 WENTLOOG ROAD, RUMNEY, CARDIFF, CF3 3EA PROPOSAL: PROPOSED CHANGE OF USE OF EXISTING GROUND FLOOR RETAIL SHOP (CLASS A1) TO A TRADITIONAL FISH AND CHIPS SHOP (TAKE AWAY-CLASS A3) AND NEW SHOP FRONT+ FUME EXTRACTION SYSTEM

______

RECOMMENDATION: That planning permission be REFUSED for the following reasons:

1. The proposal would result in the loss of an existing Class A1 convenience shop which would have a detrimental impact upon the shopping parade’s role in meeting local shopping need, contrary to the provisions of paragraph 10.3.9 of Planning Policy Wales (February 2011), paragraph 9.3.8 of the City of Cardiff Local Plan (January 1996), and paragraph 3.1 of the Supplementary Planning Guidance “Restaurants, Takeaways and other Food and Drink Uses” (1996).

2. The proposal would be likely to prejudice the amenities of neighbouring residents, by reason of increased activity and noise disturbance, particularly during the evening, contrary to Policy 2.24 (Residential Amenity) of the Deposit Cardiff Unitary Development Plan (October 2003) and the advice contained within the Supplementary Planning Guidance on “Restaurants, Takeaways and other Food and Drink Uses” (1996).

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 Permission is sought for the change of use of an existing ground floor retail shop (Class A1) to a traditional fish and chip shop (Class A3) and new shop front and fume extraction system at 100 Wentloog Road, Rumney.

1.2 The proposed new shop front consists of re-locating the front access door and the construction of an access ramp with glazed balustrade infills on a 0.5 metre high dwarf brick wall. The total height of the ramp including balustrades will be approximately 1.6 metres.

1.3 An existing first floor landing rear window would be relocated to the side (southwest) elevation facing 102 Wentloog Road. It would be obscurely

317 glazed and non-opening below 1.8 metres internal floor height.

1.4 The proposed opening hours are 12.00 – 14.00 and 17.00 – 22.00 Monday to Saturday and no trading on Sundays.

1.5 A design and access statement has been submitted with the application.

1.6 The agent has also submitted an amended fume extraction system to the rear elevation and sound specification details, following discussions with officers.

2. DESCRIPTION OF SITE

2.1 The property comprises a ground floor unit in two-storey terrace of retail units with residential accommodation at first floor.

2.2 The site is located within a small parade of commercial premises within a residential area.

2.3 The site is currently occupied by a Class A1 use.

3. SITE HISTORY

3.1 09/02089/E: Permission refused in January 2010 for change of use from electrical appliance sales to A3 hot food takeaway for the following reasons (appeal dismissed in June 2010):

1. The proposal would be likely to prejudice the amenities of neighbouring residents, by reason of increased activity and noise disturbance, particularly during the evening and smell nuisance from the cooking of food, contrary to Policy 2.24 (Residential Amenity) of the Deposit Cardiff Unitary Development Plan (October 2003) and the advice contained within the City of Cardiff Local Plan Supplementary Planning Guidance on “Restaurants, Takeaways and other Food and Drink Uses”.

3.2 09/01634/E: Permission sought in September 2009 for change of use from electrical appliance and repair shop to Class A3 take-away. Withdrawn prior to determination in November 2009.

3.3 87/734/R: Permission granted in June 1987 for change of use from café to hairdressers & from dwelling-house to flats and bedsitting accommodation.

3.4 86/1467: Permission granted for fashion shop.

3.5 75/1534: Permission granted for extension of opening hours (8am -11.30pm).

3.6 75/00577: Permission refused for removal of condition (b) on previous consent (74/806) to extend hours 8am to midnight for the following reason:

1. The proposal to extend the business hours of a café would detract from the

318 amenities reasonably expected to be enjoyed by nearby residents of an area, which is primarily residential in character.

4. POLICY FRAMEWORK

4.1 Planning Policy Wales, 4th Edition (February 2011) is relevant.

4.2 Relevant Technical Advice Notes (TANs):

4 Retailing and Town Centres (1996) 11 Noise (1997) 12 Design (2009) 18 Transport (2007)

4.1 Policies from the South Glamorgan (Cardiff Area) Replacement Structure Plan 1991 – 2011 (April 1997):

EV1 Towards Sustainable Development EV2 Urban Regeneration MV1 Location of New Developments MV11 Parking MV13 Equality of Access R4 Out-of-Centre Retail Development

4.2 Relevant policies from the City of Cardiff Local Plan (January 1996):

11 Design and Aesthetic Quality 17 Parking and Servicing Facilities 18 Provision for Cyclists 19 Provision for Pedestrians 20 Provision for Special Needs Groups 49 District and Local Centres 50 Retail Development

4.3 Deposit Unitary Development Plan (October 2003) Policies:

1A General Principles for the Location of Development 1B Achieving Good Design 1E The Economy and Employment 2.20 Good Design 2.24 Residential Amenity 2.36 District and Local Centres 2.57 Access, Circulation and Parking Requirements 2.64 Air, Noise and Light Pollution 2.74 Provision for Waste Management Facilities in Development

4.4 Supplementary Planning Guidance (SPG):

Restaurants, Takeaways and Other Food and Drink Uses (1996) Waste Collection and Storage Facilities (2007)

319

5. INTERNAL CONSULTEES RESPONSES

5.1 The Operational Manager, Transportation, whilst acknowledging that the application site is not within a designated local centre, he notes that the site is located within a parade of existing shops/commercial premises – one of which is already in use as a hot food takeaway. There is unrestricted kerbside parking available in the near vicinity of the site and, though he believes that there is some demand for this during the daytime, he is mindful that a takeaway use is likely to do the bulk of its trading during the evening when kerbside space will be more readily available. He therefore has no objection.

5.2 The Operational Manager, Environment (Noise & Air), has no objection to the proposals subject to conditions regarding kitchen extraction and plant noise.

5.3 The Operational Manager, Waste Management, advises that current plan shows no provision for the storage and collection of waste and recycling. They advise that these must be shown on the plans.

5.4 The Operational Manager, Environment (Contaminated Land), has no objections.

6. EXTERNAL CONSULTEES RESPONSES

6.1 Welsh Water recommends conditions relating to drainage be attached to any permission granted.

7. REPRESENTATIONS

7.1 Local members have been consulted. Councillor J Parry objects as the proposals would be to the detriment of Wentloog Road, which is very narrow, and there is already a fish and chip shop nearby. She considers that, if approved, there would be an over concentration of Class A3 uses which would result in more litter and noise for nearby residents.

7.2 Councillor J Ireland objects to the proposals with specific concerns regarding noise, odour, litter and potential anti-social behaviour. He advises that residents within this group of shops already have bouts of anti-social behaviour, litter, noise and abuse from youths exiting the fish and chip shop three doors away.

7.3 The proposals have been advertised by site notice. The consultation period expired on 6 October 2011.

7.4 Neighbouring occupiers have been consulted. 13 no. individual letters of objection have been received from the occupiers of 2 Brachdy Lane, 852 Newport Road, 35 Tyr-y-Sarn Road, 23 Brachdy Road, 18, 74, 87, 88, 93, Flat 2, 94 and 100 Wentloog Road, 101 Ridgeway Road and 1 no. unaddressed email. Their objections can be summarised as follows:

320 (i) contrary to objectives of the City of Cardiff Local Plan (January 1996); (ii) paragraph 9.3.5 of the City of Cardiff Local Plan (January 1996) does not support Class A3 uses outside of district and local centres; (iii) will not enhance the character, vitality or appearance of the village; (iv) fume extraction is unacceptable; (v) there is an abundance of hot food takeaways in the area; no more are needed; (vi) increased noise and disturbance from road and pedestrian traffic; (vii) increased anti-social behaviour; (viii) increased traffic resulting in parking problems and more congestion, which is a PACT issue; (ix) a recent application on the site for Class A3 use was unsuccessful and was dismissed on appeal in 2010; (x) increased litter; (xi) increased smell nuisance; (xii) existing Class A1 use better serves the local community and is much needed; (xiii) Loss of existing Class A1 would result in unemployment and investment use should not go to waste; (xiv) Loss of amenities of local residents.

7.5 A petition of over 50 signatures has been submitted by occupiers of 46 Penrhos Crescent, who also currently occupy the premises at 100 Wentloog Road. The petition urges the Council to refuse permission as there is already a fish and chip shop and a Chinese takeaway within 100 yards of the site, and the proposals would contribute to anti-social behaviour and noise as youths would congregate around this area and there is limited parking.

7.6 A separate petition of over 50 signatures objecting to the proposals has also been submitted by the occupier of 87 Wentloog Road who objects to the change of use from a trading fruit and vegetable shop to a fish and chip shop.

7.7 The Rumney Memorial Hall considers that the increase in noise, traffic, and litter will not benefit the immediate vicinity of Wentloog Road or the local community, plus it would result in a congestion of Class A3 uses.

8. ANALYSIS

8.1 The application site is located within an existing residential area as defined by the City of Cardiff Local Plan. Although not defined as a district of local centre in Policy 49 of the Local Plan, the site does fall within a neighbourhood centre, as defined by the 2001 Retail Floorspace Survey. Paragraph 9.3.8 of the Local Plan refers to such shopping facilities, stating that development proposals involving either new or improved retail facilities or the loss of existing shopping will be considered on their merits having regard to the characteristics of the premises and their location and role in meeting local shopping needs.

8.2 Also of relevance is the approved Supplementary Planning Guidance (SPG) Restaurants, Takeaways and Other Food and Drink Uses. This guidance

321 outlines the general requirements concerning such uses, indicates where they are most likely to be acceptable and provides assistance in outlining the considerations on which such planning applications are assessed. Paragraph 3.1 of the guidance states that the most appropriate locations for Class A3 (Food and Drink) uses are within the principal shopping centre and principal business areas of the city centre, Cardiff Bay, and the designated district and local shopping centres. Proposals are likely to be unacceptable in residential areas, if they would cause nuisance and loss of amenity to residents.

8.3 100 Wentloog Road is currently in use as a fruit and vegetable shop. The property forms part of a shopping frontage from 98 to 108 Wentloog Road. A site visit highlighted that the current uses within this frontage comprise 87.5% Class A1 (Shops) and 12.5% D1 (Non-Residential Institutions). This demonstrates a strong demand for Class A1 use in this parade of shops. 100 Wentloog Road has a large frontage and occupies a prominent position within the Wentloog Road neighbourhood centre.

8.4 The proposal involves the loss of an existing convenience goods shop unit to A3 use. The shop currently sells fruit and vegetables and the loss of existing convenience retailing is generally resisted in land use policy terms given the detrimental impact upon the neighbourhood centre’s role in meeting local shopping need.

8.5 In respect of residential amenity, Members will recall that permission was refused in January 2010 for a hot food takeaway (Class A3) use at the site (ref: 09/2089/E) on grounds of residential amenity. In dismissing the subsequent appeal, the Inspector made the following conclusions:

(i) “It is likely that the comings and goings of customers visiting the appeal premises, whether by car or on foot, would be a source of noise and disturbance” (Paragraph 4);

(ii) “The properties across the road from the appeal site are close to its entrance. Whilst the accommodation above the take-away seems to be within the appellant’s control there also appears to be residential accommodation above the next door property. The living conditions of the residents of these properties are likely to be harmed by the additional noise and disturbance as a result of this proximity. Even so, the main area of concern is noise and disturbance at the entrance to the take-away and within the area immediately outside.” (Paragraph 5);

(iii) “…any noise and disturbance from the appeal premises during the proposed hours would be over and above those existing and would be likely to cause additional harm. Moreover, it is likely that the appeal property would become a focal point for additional activity during the evening hours, thus prolonging any existing harm.” (Paragraph 7);

(iv) “Despite the modest size of the proposed operations, I conclude that because of the residential character of the neighbourhood, and the

322 proximity to neighbouring properties, the proposed hot food take-away would be likely to significantly harm the living conditions of nearby residents because of noise and disturbance from customers and their vehicles.” (Paragraph 9).

8.6 Whilst it is acknowledged that the Operational Manager, Environment (Noise & Air Pollution) has no objection to the proposals subject to conditions relating to plant noise and fume extraction, the Inspector’s concerns were focussed on the impact of noise and disturbance in the wider residential area beyond the immediate neighbours. The application has proposed reduced opening hours till 10pm (as opposed to 11pm for the previous application). However, notwithstanding the opening hours of other uses in the vicinity, it is considered that the proposals would result in unacceptable harm to the amenities of this residential area, contrary to the provisions of Policy 2.24 (Residential Amenity) of the deposit Unitary Development Plan (October 2003).

8.7 It is noted that the Operational Manager, Transportation, has no objection to the proposals in respect of traffic and parking issues.

8.8 Regarding the outstanding objections of neighbouring occupiers not already discussed in this analysis, the presence of other hot food take-aways is noted. However, these were approved sometime ago and planning policy has progressed. Each application must be determined on its own merits. Regarding litter, there is no guarantee that the development would generate an increase in litter nuisance.

8.9 In conclusion, the proposals would result in the loss of an existing Class A1 use which would have a detrimental impact upon the shopping parade’s role in meeting local needs and the proposals would result in increased noise and disturbance in the vicinity of the site resulting in unacceptable harm to residential amenity. It is therefore recommended that planning permission be refused.

323 324 325 326 LOCAL MEMBER OBJECTIONS

COMMITTEE DATE:16/11/2011

APPLICATION No.11/1561/DCO APPLICATION DATE: 09/09/2011

ED: RHIWBINA

APP: TYPE: Full Planning Permission

APPLICANT: Mr & Mrs Ferry LOCATION: REAR OF 19 HEOL-Y-COED, RHIWBINA, CARDIFF, CF14 6HQ PROPOSAL: DWELLING ______

RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. The consent relates to the application as amended by the revised plans received on 3rd November, 2011, attached to and forming part of this planning application. Reason: The plans amend and form part of the application.

3. C2H No Structures Within Curtilage

4. D3D Maintenance of Parking Within Site

5. No boundary enclosures, including hedges or planting (other than approved as part of the Landscaping Design and Implementation Programme) shall be erected or permitted to grow above a height of 1 metre along the front boundary of the property with Coed Ceirios. Reason: In the interests of visibility and highway safety.

6. C4P Landscaping Design & Implementation Pro

7. C4R Landscaping Implementation

8. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any Order amending, revoking or re-enacting that Order) no windows shall be inserted in the north eastern side elevation, and no additional rooflights shall be inserted in the north western roofplane. Reason: To ensure that the privacy of adjoining occupiers is protected.

9. The first floor bathroom rooflight on the north western facing roof plan shall be non opening below a height of 1.8 metres above internal floor level and glazed with obscure glass and thereafter be so maintained. Reason: To ensure that the privacy of adjoining occupiers is protected.

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10. No development shall take place until an assessment, including ground permeability testing if appropriate, has been undertaken to determine the practicality of utilizing techniques such as soakaway drainage and permeable paving as a first option for the disposal of surface water run off as well as other forms of sustainable drainage techniques and a drainage scheme for the disposal of both surface water and foul sewage has been submitted to and approved by the Planning Authority in consultation with Dwr Cymru Welsh Water. Reason: To ensure that the finished appearance of the development is in keeping with the area.

11. C7E Private Garage Use Only

12. C5A Construction of Site Enclosure

13. Any topsoil [natural or manufactured],or subsoil, to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the local planning authority. Reason: To ensure that the safety of future occupiers is not prejudiced.

14. E7Z Imported Aggregates

15. C1G BREEAM - (Non Res) Overarching Condition

16. C1H BREEAM - (Non Res) Pre-Commencement

17. C1L BREEAM - Post Construction

RECOMMENDATION 2: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

RECOMMENDATION 3: The applicant be aware of the need to secure the consent of the Operational Manager, Street Operations prior to undertaking

328 any works within the adopted highway in relation to the construction of the necessary new footway vehicular crossover.

RECOMMENDATION 4: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

(i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and

(iii) the safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

RECOMMENDATION 5: This development falls within an area which has a geological predisposition to radon and will require basic radon protective measures, as recommended for the purposes of the Building Regulations 2000. Should you have any queries in this matter I would suggest you consult with my Building Control Division.

1. DESCRIPTION OF PROPOSED DEVELOPMENT

1.1 Planning permission is sought for the erection of a detached 3 bedroom dwelling with integral garage. The proposed dwelling measures a maximum of 14 metres in width, 9.7 metres in length and 6.3 metres in height. The proposed dwelling is one and a half storey in height with a bonnet hipped roof. The dwelling incorporates two hipped roof dormers to the front roof plane and

329 a forward projecting one and a half storey hipped roof element and a forward projecting single garage with a hipped roof.

2. DESCRIPTION OF SITE

2.1 The site consists of a section of the rear garden of no. 19 Heol y Coed. The plot towards the rear of the garden would be positioned adjacent to the bend within Coed Ceirios and would both front and side onto the highway. The site measures 370 square metres. There are trees on the site which are subject of a Tree Preservation Order.

3. SITE HISTORY

3.1 11/820DCO – Planning application withdrawn for a new dwelling.

4. POLICY FRAMEWORK

4.1 Relevant National Planning Guidance:

Planning Policy Wales (2002) MIPPS 01/2008: Planning for Good Design TAN 12: Design TAN 18: Transport

4.2 The site lies within an existing residential area as defined in the City of Cardiff Local Plan.

4.3 The application should be considered against the following policies of the adopted City of Cardiff Local Plan:

Policy 11 (Design and Aesthetic Quality) Policy 17 (Parking and Servicing Facilities)

4.4 The following policies of the Deposit Cardiff Unitary Development Plan (October 2003) are relevant:

Policy 2.20 (Good Design) Policy 2.24 (Residential Amenity) Policy 2.45 (Trees, Woodlands and Hedgerows) Policy 2.57 (Access, Circulation and Parking Requirements)

4.5 Relevant Supplementary Planning Guidance:

Infill Sites Design Guide (March 2007) Waste Collection and Storage Facilities (March 2007) Access, circulation and parking requirements (June 2006)

330 5. INTERNAL CONSULTEE RESPONSES

5.1 The Design team advise:

‘Key issues Ensuring that the architectural style and particularly the roof form, reflects more closely that of adjoining properties.

The proposal The proposal is for the sub-division of a rear garden on a corner plot and the construction of a single dwelling house.

The character of the area is primarily of large semi-detached properties within relatively generous garden plots. The proposal will be read most closely in the context of properties on Coed Cerios which are characterised by long sloping tile roofs and render facades, with hipped, gabled bay and porch features.

Layout The addition of a property in this location is considered as having a positive effect on the streetscene in this area, as the reduced height of the existing boundary will open up views into the street. A property in this position will also increase the level of natural surveillance onto the street and onto the entrance gate to the primary school on the opposite side of the road.

The main façade of the proposed property is set back from that of No 4 Coed Cerios with the single storey garage projecting forward by approx 2m. As the property relates most closely to the Coed Cerios properties, this alignment is considered acceptable.

Amenity space The provision of garden area for the remaining property at 19 Heol-y-Coed and for the proposed property will result in a smaller garden area for each than that which is generally characteristic for the area but will be similar in size to the smaller Coed Cerios gardens.

The residential design Guide SPG recommends that “useable and appropriate amenity space is required as part of all residential proposals” The SPG recommends that “ the size of garden should be appropriate to the size and type of accommodation” and that “ gardens should measure at least 10.5m in depth or 50m2 overall”.

I am unable to accurately measure the size of the gardens proposed, but it is considered that the proposal conforms to the criteria of the SPG, based on an estimation, and that the space provided is ‘useable’.

Elevations/Architectural style

Drawings showing the proposal within the street scene context would be useful in order to give a full comment on this element of the proposal. The DAS states that the “roof line will be substantially lower than the adjacent

331 dwellings”. Given the corner/end plot location, a reduced height is appropriate in this location.

The large front gable feature is however considered a dominant feature and does not reflect the hipped front gables of adjoining properties. The use of a Dutch gable to the side elevations of the proposal is also not considered to be a characteristic feature of the area. The introduction of a hipped front gable and longer roof slopes to the side elevations would assist in tying the property into the architectural style of the area.

Materials The materials proposed are considered acceptable in terms of reflecting local character’.

5.2 The Operational Manager Transportation advises: ‘2 off-street spaces are to be provided in association with the proposed new dwelling whilst the current parking for the existing dwelling is retained. The proposal is therefore satisfactory in terms of parking. However, I am concerned that the location of the proposed access, combined with the alignment of Coed Ceirios, may result in severely restricted inter-visibility between vehicles reversing to/from the new access and approaching vehicles on Coed Ceirios.

Mindful that Coed Ceirios is a cul-de-sac, which should tend to mitigate against excessive vehicle speeds, I consider that these concerns could be addressed by ensuring that an element of inter-visibility is available across the private garden. I note from the submitted details that a dwarf wall is proposed around the site boundary. As long as this does not exceed 1 metre in height, and provided there are no obstacles to visibility exceeding this height within the private garden e.g. fencing/hedges etc, then this would adequately address my concerns and I would request a condition to this effect. This could perhaps be worded to the effect that details of any obstacle to visibility in excess of 1 metre height within the property frontage should be submitted to the LPA for approval. This would then allow some flexibility in terms of, for example, railings on top of the dwarf wall (which would need to be of a type that would retain a satisfactory level of visibility through them).

I note that replacement trees are to be planted within the frontage which would have the effect of impairing visibility to some degree. However, subject to the aforementioned condition I am satisfied that in practice adequate visibility will remain available through the trees.

A further condition is required relating to the future retention of 2 off-street parking spaces. I would also suggest a second recommendation advising the applicant of the need to secure the consent of the Operational Manager, Street Operations prior to undertaking any works within the adopted highway in relation to the construction of the necessary new footway vehicular crossover’.

5.3 The Operational Manager Environment (Pollution Control) has no objections subject to Conditions ensuring that any imported aggregates or soil are

332 assessed for chemical or other potential contaminants prior to importation, and advisory notes relating to the requirement for radon protective measures, contaminated and unstable land and Section 60 of the Control of Pollution Act 1974 in relation to noise pollution from construction activities.

5.4 The Council’s Tree Preservation Officers advise:

‘Alder is ultimately a medium sized tree of relatively upright rather than spreading form, so it can be accommodated in relatively restricted spaces. Field maple is ultimately a medium sized tree of more spreading character. The development accommodates all three trees (x2 alder, x1 field maple) required as a condition of previous TPO consent at the site. The turning head should be deleted from the proposals if possible, to maximise the unconstrained growing space for the alder and maple. If this is proposed then planting positions may require further slight adjustment to maximise unconstrained above and below ground growing space.

Full details concerning the new planting are required (tree species, size, planting method and aftercare) along with full details concerning the drive- access and if necessary, turning head construction’.

5.5 The Operational Manager Waste Management has no objections.

5.6 The Council’s Drainage Engineer advises: ‘The applicant has indicated an intention to discharge surface water that will be generated by the proposed development to a ' Main' / Public Sewer sewer and it is not clear whether the utilisation of sustainable drainage techniques has been investigated.

In the light of the above and in order to ensure an orderly development I request that the following condition be added to any planning consent granted:

'No development shall take place until an assessment, including ground permeability testing if appropriate, has been undertaken to determine the practicality of utilizing techniques such as soakaway drainage and permeable paving as a first option for the disposal of surface water run off as well as other forms of sustainable drainage techniques and a drainage scheme for the disposal of both surface water and foul sewage has been submitted to and approved by the Planning Authority in consultation with Dwr Cymru Welsh Water . '

6. EXTERNAL CONSULTEE RESPONSES

6.1 Dwr Cymru has no objections subject to a conditions to ensure that no surface water or land drainage is allowed to drain into the public sewage system, in order to protect against hydraulic overloading of the system.

7. REPRESENTATIONS

7.1 Neighbours and Local Members were consulted.

333 7.2 Councillors J Cowan and B Jones object to the proposed development on the following grounds:

(i) Unneighbourly development; (ii) Out of keeping with the area; (iii) Overdevelopment of the site; (iv) Detrimental to the streetscene; (v) Could set a precedent for future applications.

7.3 Letters of objection have been received from the occupiers of 2, 4 Coed Ceirios , 15,17, 19A Heol y Coed raising the following objections:

(i) The proposed dwelling is out of character with the neighbouring dwellings; (ii) The trees planted as replacements for the protected trees which were removed are not sufficient, have not been planted to allow sufficient space for growth and would not be able to reach their potential and their health would be compromised further by the proposed development; (iii) Highway safety concerns regarding the number of vehicles entering Coed Ceirios to access Rhiwbina Primary School; (iv) Highway safety concerns relating to the driveway to the proposed dwelling being within 10 metres of the bend in Coed Ceirios; (v) Covenant relating to the use of the land for garden purposes only; (vi) Inadequate level of detail in the submitted plans to enable an assessment of the impact of the development on the streetscene; (vii) The proposed dwelling being lower in height than the surrounding dwellings would result in the development being out of keeping; (viii) The area is characterised by sizeable dwellings with large gardens. The proposed dwelling would therefore, be out of keeping with the character of the area; (ix) The area is characterised by dwellings with hipped roofs. The proposed property would be out of keeping due to the use of only bonnet hipped roofs and the front projecting element has a gabled roof. (x) Pedestrians accessing Rhiwbina Primary School would be put at risk by additional vehicles accessing Coed Ceirios. (xi) Drainage problems within the vicinity of the site would be exacerbated. (xii) Impact upon the health of a protected Silver Birch tree within the garden of no.17 Heol y Coed. (xiii) The proposal would have an overbearing and unneighbourly impact upon the occupiers of no.4 Coed Ceirios, by virtue of the location of the dwelling 1 metre from the shared boundary and a projection of 3.5 metres past the rear of no.4 Coed Ceirios.

8. ANALYSIS

8.1 The design of the proposed dwelling is considered acceptable. The dwelling is to be constructed in white coloured render and is to have a clay tiled roof to match adjacent dwellings in Coed Ceirios. The roof of the dwelling incorporates hipped roof dormers and a front projection with a hipped roof to

334 blend in with neighbouring dwellings. The ridge of the proposed dwelling is to be lower than the adjacent dwellings. However, given the proposed dwellings position in proximity to the corner of Coed Ceirios it is considered that the lower height would work to reduce the visual impact of the proposed dwelling. Through the use of roofspace to provide accommodation the roof of the dwelling has taken a bonnet hipped appearance, which is, on balance considered acceptable, given the resultant lower roof height.

8.2 Residential amenity for the proposed dwelling is considered acceptable. The garden of the dwelling would be smaller than some of the neighbouring dwellings on Heol y Coed. However, the garden would be comparable with the more modestly sized garden of no.4 Coed Ceirios adjacent.

8.3 It is not considered that the proposed development would prejudice the privacy or amenities of neighbouring dwellings. The rear elevation of the proposed dwelling would be between 3.4 and 7.8 metres of the rear boundary of the site. The proposed 1.8 metre high fencing along the shared boundary would prevent any privacy issues at ground level. There are no windows above ground floor level on the rear of the dwelling, other than a rooflight serving a bathroom, which will be obscurely glazed (condition 8). Condition 7 will ensure that no windows are inserted in the north eastern elevation of the dwelling, facing no.4 Coed Ceirios, in the interests of privacy.

It is not considered that the proposed development would prejudice the amenities of the occupiers of the closest dwelling, no.4 Coed Ceirios. The proposed dwelling is a distance of between 2.1 and 1.7 metres from the side elevation of the integral garage at no.4. The application as initially submitted showed the proposed dwelling stepping back a distance of 3.5 metres past the rear elevation of no.4. The relationship between the two dwellings was considered unacceptable and the applicant was advised that the length of the dwelling should be reduced by 1 metre in order to prevent an overbearing impact upon the occupiers of no.4. Amended plans were received accordingly. It should be noted that the ridge height of the dwelling is 6.3 metres and lower than the existing properties in Coed Ceirios. Given the one and a half storey design of the proposed dwelling it is considered that the relationship at the rear between the proposed dwelling and no.4 is acceptable given that a large portion of the 2.5 metre overlap will appear as single storey level.

8.4 There were previously mature trees on the application site which were covered by a tree preservation order. Consent was given for the removal of the protected trees due to concerns regarding their structural stability. A requirement of the consent for removal was the replacement with three new trees (an Acer, and two Alders). The trees were replaced, but were not planted to a satisfactory standard. Trees were planted too close to the boundary with the footway and boundary fencing, preventing the trees from reaching their full potential. Included as part of the proposed development are replacement trees which will be planted in order to provide full growth potential. The development has been designed around the trees, so as to minimise conflict and achieve trees which will be of visual amenity value. The

335 site is also currently enclosed by 1.8 metre high closed boarded fencing and the proposal would result in the replacement of the fencing with a 1 metre dwarf wall which would improve visibility into the site. Amended plans were received showing minor adjustments to the locations of the replacement trees, and the deletion of the turning head within the driveway, (through consultation with the Operational Manager, Transportation), in accordance with the advise of the Council’s Tree Preservation Officers. The amended scheme will allow the replacement trees greater scope to reach their full potential and provide an improved visual amenity value.

8.5 In response to objections raised which have not already been addressed:

(i) Covenants placed upon the deeds of a property are not a material planning consideration, and are legal matter. (ii) Neither Dwr Cymru nor Council’s Drainage Engineer have raised any objections regarding the drainage on site. (iii) Council’s Tree Preservation Officers advise that it is unlikely that the proposed development would prejudice the health of the protected Silver Birch within the rear garden of no.17 Heol y Coed, which would be in excess of 8 metres from the proposed dwelling.

336 337 338 339 COMMITTEE DATE: 16/11/2011

APPLICATION No. 11/1696/DCO APPLICATION DATE: 10/10/2011

ED: RUMNEY

APP: TYPE: Full Planning Permission

APPLICANT: Apollo Capital Projects LOCATION: Site of Former Social Services Facility, Barmouth Road, Rumney, Cardiff PROPOSAL: PROPOSED 2 STOREY PRIMARY CARE RESOURCE CENTRE (D1 MEDICAL USE WITH SURGERY OPENING TIMES OF MONDAY – FRIDAY – 7.30AM – 9.00PM SATURDAY 8.00AM – 5.00PM SUNDAY 9.00AM – 1.00PM, A1 RETAIL PHARMACY AND B1 ANCILLARY OFFICE) OFF BARMOUTH ROAD, RUMNEY, CARDIFF ______

RECOMMENDATION 1: That planning permission be GRANTED subject to the following conditions:

1. C01 Statutory Time Limit

2. C4P Landscaping Design & Implementation Pro

3. C4R Landscaping Implementation

4. No members of the public shall be admitted to or allowed to remain in the health care facility between the hours of 21:00pm and 07:30am Mondays to Fridays, 17:00pm and 08:00am Saturdays and 13:00pm to 09:00am Sundays. Reason: In the interests of residential amenity.

5. No members of the public shall be admitted to or allowed to remain in the pharmacy between the hours of 18:30pm and 07:00am Mondays to Saturdays, and at no time on Sundays. Reason: In the interests of residential amenity.

6. There shall be no arrival, departure, loading or unloading of vehicles between the hours of 18:30pm and 08:00am Mondays to Saturdays and at no times on Sundays (Delivery Times. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

7. The rating level of the noise emitted from fixed plant and equipment on the site shall not exceed 5dBA at any residential property when measured and corrected in accordance with BS 4142 : 1997. Reason: To ensure that the amenities of occupiers of other premises in the vicinity are protected.

340

8. G7Q Future Kitchen Extraction

9. No part of the development hereby permitted shall be commenced until a scheme detailing the remediation measures necessary to deal with the risks associated with contamination of the site has been submitted to and approved in writing by the Local Planning Authority. Any such scheme shall include details of the measures required and how they are to be undertaken. It shall incorporate a verification plan providing details of the data that will be collected in order to demonstrate completion of the remediation works. All measures in the approved scheme shall be undertaken in accordance with a timetable which shall be agreed in writing with the Local Planning Authority. Reason: To ensure that the safety of future occupiers is not prejudiced

10. Any topsoil [natural or manufactured],or subsoil, to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported soil is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the local planning authority. Reason: To ensure that the safety of future occupiers is not prejudiced

11. Any aggregate (other than virgin quarry stone) or recycled aggregate material to be imported shall be assessed for chemical or other potential contaminants in accordance with a scheme of investigation to be submitted to and approved in writing by the Local Planning Authority in advance of its importation. Only material approved by the Local Planning Authority shall be imported. All measures specified in the approved scheme shall be undertaken in accordance with the relevant Code of Practice and Guidance Notes. Subject to approval of the above, verification sampling of the material received at the development site is required to verify that the imported aggregate is free from contamination and shall be undertaken in accordance with a scheme agreed with in writing by the LPA. Reason: To ensure that the safety of future occupiers is not prejudiced.

12. D3D Maintenance of Parking Within Site

13. Prior to beneficial use of the development hereby approved the cycle parking spaces shown on the approved plans shall be provided. Thereafter the cycle parking spaces shall be maintained and shall not be used for any other purpose. Reason: To ensure that adequate provision is made for the secure parking of cycles

341

14. Prior to the beneficial use of the approved development a Travel Plan shall be submitted to and approved in writing by the Local Planning Authority. The Travel Plan shall set out proposals and targets, together with a time table to limit or reduce the number of single occupancy car journeys to the site, and to promote travel by sustainable modes. The Travel Plan shall be implemented in accordance with the timetable set out in the Plan, unless otherwise agreed in writing with the Local Planning Authority. Reports demonstrating progress in promoting sustainable transport measures detailed in the Travel Plan shall be submitted annually to the Local Planning Authority, commencing from the first anniversary of beneficial occupation of the development. Reason: to accord with section 5.0 of the Council’s SPG (Access, Circulation & Parking) Jan 2010. Reason: To promote the use of more sustainable transport modes.

15. The redundant access onto Beaumaris Road shall be reinstated as footway to Local Authority adoption standard prior to the beneficial use of the development hereby approved. Reason: In the interests of pedestrian safety

16. E7S Details of Refuse Storage

17. C5A Construction of Site Enclosure

18. Prior to commencement of development details of all proposed external lighting shall be submitted to and approved in writing by the Local Planning Authority. Reason: To protect the amenities of neighbouring occupiers.

19. C1B Materials Specification Required

20. C2N Drainage details

RECOMMENDATION 2: That the Chief Financial Services Officer be requested to ensure that:

(i) A financial contribution of £4,600 is made from the revenues generated by the disposal of the land to fund improvements to public transport enhancement and undertake investigation into, and the introduction of TROs and parking restrictions if required, in accordance with the advice of the Operational Manager Transportation given in paragraph 5.3 of the Chief City Development Officer’s report.

RECOMMENDATION 3: The Operational Manager Parks Services be requested to pursue the appropriation of the area of open space between the application site and the Cae Glas Home, to ensure its retention as future public open space.

RECOMMENDATION 4: To protect the amenities of occupiers of other premises in the vicinity attention is drawn to the provisions of Section 60 of

342 the Control of Pollution Act 1974 in relation to the control of noise from demolition and construction activities. Further to this the applicant is advised that no noise audible outside the site boundary adjacent to the curtilage of residential property shall be created by construction activities in respect of the implementation of this consent outside the hours of 0800-1800 hours Mondays to Fridays and 0800 - 1300 hours on Saturdays or at any time on Sunday or public holidays. The applicant is also advised to seek approval for any proposed piling operations.

RECOMMENDATION 5: The contamination assessments and the affects of unstable land are considered on the basis of the best information available to the Planning Authority and are not necessarily exhaustive. The Authority takes due diligence when assessing these impacts, however you are minded that the responsibility for

(i) determining the extent and effects of such constraints and; (ii) ensuring that any imported materials (including, topsoils, subsoils, aggregates and recycled or manufactured aggregates / soils) are chemically suitable for the proposed end use. Under no circumstances should controlled waste be imported. It is an offence under section 33 of the environmental Protection Act 1990 to deposit controlled waste on a site which does not benefit from an appropriate waste management license. The following must not be imported to a development site: • Unprocessed / unsorted demolition wastes. • Any materials originating from a site confirmed as being contaminated or potentially contaminated by chemical or radioactive substances. • Japanese Knotweed stems, leaves and rhizome infested soils. In addition to section 33 above, it is also an offence under the Wildlife and Countryside Act 1981 to spread this invasive weed; and

(iii) the safe development and secure occupancy of the site rests with the developer.

Proposals for areas of possible land instability should take due account of the physical and chemical constraints and may include action on land reclamation or other remedial action to enable beneficial use of unstable land.

The Local Planning Authority has determined the application on the basis of the information available to it, but this does not mean that the land can be considered free from contamination.

RECOMMENDATION 6: The applicant be aware of the requirement to obtain the consent of the Operational Manager Street Operations prior to undertaking any works within the adopted highway.

1. DESCRIPTION OF DEVELOPMENT

1.1 The application is for the construction of a two storey primary care resource centre. The centre is intended to replace the Rumney and Daintree Surgeries

343 and the Trowbridge Health Centre. The proposed centre would have a gross internal floorspace of 2307 square metres and provide 20 GP consulting rooms, nurse treatment rooms, phlebotomy, minor operations, multi function treatment / consultation rooms, group education room, offices and stores and facilities required for the staff of the centre. The proposal includes a pharmacy with a net tradeable floorspace of 125 square metres, which would be accessed externally from the surgery. The proposal also includes a landscaped car park with parking for 60 cars, including 4 spaces for disabled access, 12 cycle parking spaces and bin storage facilities, a parking bay for a mobile dentist and an ambulance turning area.

1.2 It was resolved by Committee on 17th August 2011 to grant planning permission for (11/1012/DCO) a 2 storey primary care resource centre along with ancillary office and retail pharmacy. The application was approved subject to the signing of a Section 106 agreement. The application was subsequently withdrawn prior to the agreement being signed.

1.3 The current proposal differs from the previous scheme in terms of the external appearance of the building and the hours of operation. Previously the centre was to be open to the public between the hours of 08:00am and 18:30pm Mondays to Fridays, 08:00am and 17:30pm on Saturdays and 09:00am and 13:00pm Sundays. The current proposal allows for greater flexibility with regard to opening hours, in line with the aspirations of the Welsh Government. The operational hours currently being proposed are 07.30am to 21:00pm Mondays to Fridays, 08:00am to 17:00pm Saturdays and 09:00am to 13:00pm Sundays.

The scale of the proposed building is to remain unchanged from the previous application. The appearance of the proposed building changes through alterations to materials and the roof form of the building, which now has a more traditional shaped roof which rises in the centre toward the central ridge. The roof of the previously proposed building angled upwards towards the eastern and western elevations of the building.

2. DESCRIPTION OF SITE

2.1 The application relates to a plot of land located off Barmouth Road to the south of the site. The site is bordered to the west by Beaumaris Road, to the north by open space and to the east by Cae Glas Road. The site was formerly occupied by a school and later became a community centre, which was demolished in 2008. The site currently retains the concrete slab of the former building along with access roads from both Barmouth Road and Beaumaris Road and car park.

344 3. SITE HISTORY

3.1 11/1012/DCO – Application withdrawn prior to the signing of the Section 106 agreement. Planning Committee resolved to grant planning permission for a two storey primary care resource centre (D1 medical use, A1 retail pharmacy, and B1 ancillary office).

09/370/DCO – Outline permission granted for a residential development.

4. POLICY FRAMEWORK

4.1 The site is identified as Open Space, as defined in the City of Cardiff Local Plan.

4.2 The application should be considered against the following policies of the adopted City of Cardiff Local Plan:

(i) 7 ‘Protection of Open Space) (ii) 11 ‘Design and Aesthetic Quality’ (iii) 17 ‘Parking and servicing requirements’ (iv) 18 ‘Provision for Cyclists’ (v) 19 ‘Provision for Pedestrians’

4.3 The following policies of the Deposit Cardiff Unitary Development Plan (October 2003) are relevant:

(i) 2.20 ‘Good Design’ (ii) 2.24 ‘Residential Amenity’ (iii) 2.26 ‘Provision for Open Space, Recreation and Leisure) (iv) 2.45 ‘Trees, Woodlands and Hedgerows’ (v) 2.49 ‘Protection of Open Space’ (vi) 2.57 ‘Parking and Servicing’ (vii) 2.64 ‘Air, Noise and Light Pollution’ (viii)2.74 ‘Provision for Waste Management Facilities in Development

4.4 The following Supplementary Planning Guidance:

(i) Access, Circulation and Parking Requirements, Standards, January 2010; (ii) Trees and Development, March 2007; (iii) Waste Collection and Storage Facilities, March 2007.

5. INTERNAL CONSULTEE RESPONSES

5.1 The Strategic Planning Manager (Land Use Policy) advises: ‘This site is shown as existing open space on the adopted City of Cardiff Local Plan Proposals Map and needs to be assessed against Policy 7 of the adopted plan and approved Supplementary Planning Guidance on Open Space (March 2008). Policy 7 seeks to protect such areas through only allowing proposals involving the loss of recreational or amenity open space where they would not cause or exacerbate a local or city-wide deficiency of

345 recreational open space the open space has no amenity or nature conservation importance the developers provide satisfactory compensatory open space.

The last survey of open space classified approximately a third of the site as an area of amenity open space and Policy 7 of the adopted City of Cardiff Local Plan only allows the loss of such areas if they are deemed to have no amenity or nature conservation importance. The basis for assessing the amenity value of an area of open space is set out in the adopted Open Space SPG and relates to its visual amenity (the degree it contributes to the visual appearance of an area) and its leisure amenity (the degree to which it provides an important informal open space resource for local people to accommodate passive activities such as walking, dog exercise and nature studies).

Given this an assessment of the nature conservation and amenity (both leisure and visual) value of the area defined as open space would need to be undertaken. In this respect I note outline permission for residential development on this site was granted in August 2009 (Ref. 09/0370). The Report to committee stated the following in relation to this issue:

“8.5 The most recent survey of open space in Cardiff classifies approximately one third of the current application site as an area of amenity (rather than recreational) open space. This land is currently maintained by Parks Services as amenity grass within regular cutting in the summer months. It has no nature conservation importance and is considered to have limited visual amenity value, as part of the larger block of open land. 8.6 With regard to its 'leisure amenity' value (the degree to which it provides an informal open space resource for local people to accommodate passive activities such as walking, informal play, dog exercise etc.), it is relevant that any use of the site for this purpose has been on an informal and unofficial basis and the site, until recently, has been enclosed by fencing (the concrete fence posts remain in situ). 8.7 Notwithstanding this, Supplementary Planning Guidance on Open Space advises that the importance of areas that may be used as an informal open space resource would be heightened if there were limited alternative areas of amenity or recreational open space in the locality. Policy 7 of the adopted Local Plan also seeks provision of satisfactory compensatory open space, where development proposals involve the loss of open space. 8.8 It is considered that the retention and improvement of the open space area directly adjoining the north eastern boundary of the application site as public open space (thereby protecting it from future development), would satisfactorily address this issue. The land is currently vested with Adult Services, however, the Service Area has agreed to allow its appropriation by Parks Services as public open space.”

In view of this a condition was attached to this permission stating “The Operational Manager, Parks Services be requested to pursue the

346 appropriation of the area of open space between the application site and the Cae Glas Home, to ensure its retention as future public open space’.

5.2 The Strategic Planning Manager (Design) advises: ‘The proposal is for a two storey Primary Care Resource facility on an open site previously occupied by a social services facility. The site is situated within a post-war residential area of mainly two-storey properties with a three storey nursing home building on the adjacent site to the North. Materials in the area vary from render to brick and tile.

The design of the development has been developed and refined through several pre-application discussions on design with the Council.

The DAS sets out that an AEDET (Achieving Excellence Design Evaluation Toolkit) evaluation has also been undertaken which is welcomed in terms of ensuring that users of the facility have been engaged in the design process.

The development layout sits within the footprint of the building which previously occupied the site and is considered to be acceptable in terms of a scale of development which relates to the site context and surrounding residential properties.

The roof slopes are shallow and ensure that the building sits into the site without dominating the surrounding residential properties.

The scale and mass of the building has been broken up through the selection of materials and separation of elements of the building. The materials proposed reflect those present in the local area whilst adding an element of design detailing which provides some new identity to the building.

Good levels of access around the site are proposed with a clearly defined level entrance.

It is recognised that perimeter security is required for this site to meet ‘secured by design’ objectives and the planting proposed around the boundary of the site will provide a ‘softening effect’ to this boundary. However, it is recommended that the type of fence utilised should be as lightweight and visually transparent as possible in order not to create a ‘compound’ feel to the site.

The BREEAM pre-assessment reports identifies that a BREEAM ‘very good’ rating should be achievable based upon the current proposals. The BREEAM score of 56.15% however is only marginally above the minimum score of 55% required for ‘very good’ and so it will be important that all sustainable building measures identified are put in place to ensure this rating will be achievable at the next stage of assessment’.

5.3 The Operational Manager Transportation advises: ‘The proposed new facility will replace, and provide improved modern facilities for, a number of existing GP surgeries in the Rumney area. It is centrally located for the catchment

347 area that it will serve, is readily accessible by various modes of travel, and is supported by a draft Travel Plan that will seek to minimise travel by private car.

Nevertheless, though a total of 60 curtilage parking spaces are provided, mindful of the scale of the proposed development (which will incorporate some 20 GP surgeries) it is possible that some overspill parking will occur on the surrounding roads – and, though kerbside space is readily available in the vicinity, I note the concerns expressed in the letter from Cardiff Bus with respect to potential obstruction to the use of Cae Glas Road as a key bus route. I’d therefore request that a sum of £1,000 be secured by means of a Section 106 agreement towards the cost of investigation/surveys/introduction of TROs and parking restrictions in the event that these should prove necessary.

The Travel Plan aims to promote non car-borne modes of travel including by bus, and it’s therefore appropriate to request a financial contribution to improve facilities at the nearby bus stop on Cae Glas Road.

Conditions will be required relating to retention of parking, and to the provision of cycle parking (6 stands as shown).

There is an existing access onto Beaumaris Road which appears to be redundant as a consequence of the proposed development, and a further condition is required relating to its re-instatement as footway to adoption standard. I would suggest a further recommendation advising the developer of the need to secure the consent of the Operational Manager, Street Operations prior to undertaking any work within the adopted highway in this respect.

A condition is required stipulating that ‘no part of the development hereby permitted until a Travel Plan has been submitted to and approved in writing by the LPA. The Travel Plan shall set out proposals and targets, together with a time table to limit of reduce the number of single occupancy car journeys to the site, and to promote travel by sustainable modes. The Travel Plan shall be implemented in accordance with the timetable set out in the Plan, unless otherwise agreed in writing with the LPA. Reports demonstrating progress in promoting sustainable transport measures detailed in the Travel Plan shall be submitted annually to the LPA, commencing from the first anniversary of beneficial occupation of the development. Reason: to accord with section 5.0 of the Council’s SPG (Access, Circulation & Parking) Jan 2010’.

5.4 The Operational Manager Pollution Control (Contaminated Land) has no objections subject to conditions regarding the submission of a contamination remediation strategy, contamination testing of imported soil and aggregates and an advisory note relating to contaminated and unstable land.

5.5 The Operational Manager Pollution Control (Noise and Air) has no objections subject to conditions restricting the opening hours of the pharmacy to 07:00 to 18:30 on any day, and deliveries to within the hours of 08:00 to 18:30 Mondays to Saturdays and at no time on Sundays. Conditions are also

348 required to ensure that noise levels from plant on site do not exceed 5dBA above background levels and that if at a future date hot food is to be prepared on site details of fume extraction equipment is to be submitted to the Local Planning Authority for approval. A further recommendation is required advising of the provisions of Section 60 of the Control of Pollution Act 1974 in relation to construction site noise.

5.6 The Chief Highways and Waste Officer (Drainage) advises:

‘Ground permeability testing has proved that the ground on site is unsuitable for the utilisation of infiltration drainage techniques and it is apparent that consultation between the applicant's design consultant and DCWW has taken place with the latter signifying 'in principle' approval on 13/10/2010 to the discharge of foul flows and surface water flows (limited by attenuation to the levels generated by the existing site) to local Public Foul and Surface Water Sewers’.

A condition is required to ensure that drainage details are submitted to the Local Planning Authority for approval.

5.7 The Operational Manager Waste Management advises that the submitted site plans detailing refuse storage are acceptable. Furthermore, the bin store must be designed so that it can be made fully secure to prevent unauthorised access. The applicant must also be aware that a commercial waste contract is required for the collection and disposal of all commercial waste.

5.8 The Operational Manager Trees and Landscaping has no objections subject to conditions relating to there being submitted and approved in writing by the Local Planning Authority a landscaping scheme and implementation programme. ‘The submitted landscaping scheme should accommodate the planting of trees capable of long life and large size where above and below ground space allows. Below ground growing space should be maximised in areas of hard surfacing (car-parks) through the use of modular, load bearing cells such as ‘Silva Cells’, accommodating un-compacted soils at a volume suitable to maximise rooting capacity and thereby improve the health and longevity of trees. Surfacing above the cells should permit the free percolation of water and diffusion of gases. Root barriers/deflectors should be used to encourage root development away from services and into the cells, avoiding problems in the future of surfacing distortion. Use of modular systems such as Silva Cells will not only benefit healthy tree growth, but also sustainable drainage, by reducing flows entering drains and filtering pollutants’.

5.9 The Strategic Planning Manager Ecology has no comments.

6. EXTERNAL CONSULTEE RESPONSES

6.1 Dwr Cymru has provided a standard response stating no objections subject to appropriate conditions relating to foul water and surface water being drained separately from the site and surface water not being allowed to discharge into to the sewerage system. However, a copy of the letter from Dwr Cymru to the

349 applicant dated 13th October 2010 states that subject to formal approval the drainage proposals submitted are acceptable in principle.

6.2 The Police Architectural Liaison Officer has no objections and advises that they have been advising the applicant prior to the submission of the application and the design of the development has taken into consideration recommendations made in relation to security and community safety issues.

7. REPRESENTATIONS

7.1 None received.

7.2 Following receipt of a request from the applicant to extend the opening hours of the proposed facility until 21:00 further neighbour consultation letters were sent and site notices were displayed. Any subsequent representations received will be reported to Committee.

8. ANALYSIS

8.1 The application site is shown as existing open space on the Proposals Map of the adopted City of Cardiff Local Plan. However, policy guidance does not preclude development. Rather, it requires that proposals should be assessed against criteria identified in the policies.

8.2 In this particular case, the site has been occupied, in part, by the Castlefield Centre, which was demolished in 2008. Planning permission was granted for the development of 17 dwellings on the western half of the current application site and a new resource / day centre on the remaining part of the land in 1993. These permissions expired some 12 years ago. Furthermore, outline planning permission (no. 09/370DCO) was granted for residential development of the site in August 2009.

8.3 The most recent survey of open space in Cardiff classifies approximately one third of the current application site as an area of amenity (rather than recreational) open space. This land is currently maintained by Parks Services as amenity grass. It has no nature conservation importance and is considered to have limited visual amenity value, as part of the larger block of open land.

8.4 With regard to its ‘leisure amenity’ value (the degree to which it provides an informal open space resource for local people to accommodate passive activities such as walking, informal play, dog exercise etc.), it is relevant that any use of the site for this purpose has been on an informal and unofficial basis and the site, until recently has been enclosed by fencing.

8.5 Notwithstanding this, Supplementary Planning Guidance on Open Space advises that the importance of areas that may be used as an informal open space resource would be heightened if there were limited alternative areas of amenity or recreational open space in the locality. Policy 7 of the adopted Local Plan also seeks provision of satisfactory compensatory open space, where development proposals involve the loss of open space.

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8.6 It is considered that the retention and improvement of the open space area directly adjoining the north eastern boundary of the application site as public open space (thereby protecting it from future development), would satisfactorily address this issue. The land is currently vested with Adult Services, however, the Service Area has agreed to allow its appropriation by parks Services as public open space.

8.7 The design of the proposed building is considered acceptable. (See the Strategic Planning Manager’s Design comments, paragraph 5.2). Condition 17 will ensure a materials specification is submitted for approval prior to commencement of development, to ensure the appearance of the development is acceptable.

8.8 It is not considered that the proposed development would prejudice the privacy or amenities of neighbouring occupiers. The closest properties to the resource centre will be on Beaumaris Road and would be approximately 26 metres away. Although the proposed building is two storey in height, it should be noted that the site is at a slightly lower ground level than the properties on the western side of Beaumaris Road. With specific regard to the changes between the previous application (11/1012/DCO) and the current application, it is considered that the proposed development would appear less dominant for the occupiers of surrounding properties as the building now takes a more traditional roof form and the height of the roof along the side elevations with Cae Glas Road and Beaumaris Roads are now reduced to eaves level. Conditions 5-8 will protect the amenities of neighbouring occupiers by restricting the hours of operation and deliveries, controlling noise levels from plant on site and ensuring that details of fume extraction equipment will be submitted for approval if hot food is to be served on site.

8.9 A further recommendation (3) requests Parks Services to pursue the appropriation of land adjoining the application site and the Cae Glass Home for Adult Services, to ensure its retention as future public open space.

8.10 The Operational Manager Transportation advises that a contribution of £1000 is required towards the cost of investigation / surveys / introduction of Traffic Regulation Orders and parking restrictions in the event that these would prove necessary. In addition a contribution of £3600 is required public transport enhancement, specifically improvements to the bus stop on Cae Glas Road.

8.11 It is recommended that planning permission be granted for this development subject to the attached conditions and the provision of a financial contribution required by the Operational Manager Transportation (see paragraph 5.3), which is to be secured by the Chief Financial Services Officer upon disposal of the application site.

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