CITY AND COUNTY OF NOTICE OF MEETING

You are invited to attend a meeting of the AREA 2 DEVELOPMENT CONTROL COMMITTEE SITE VISITS

th On: Tuesday 12 August 2008

Time: 1.30pm. from CIVIC CENTRE, Swansea

AGENDA Would Members of the Committee please note that they are invited to attend the under mentioned site visits. (A coach will leave Civic Centre, Swansea at 1.30 p.m.) Site Visits Approx Planning Application No 2008/1009 One agricultural 1.50 pm worker's dwelling (outline) at Cefn Stylle Farm, Cefn Stylle Road, Gowerton, Swansea

Approx. Planning Application No.2008/0338 Construction of 2.20pm agricultural building (Prior Approval of the Local Planning Authority) at Field No. 0062, Burry Green, ,

Approx. Planning Application No.2006/1067 Construction of 4 2.50pm detached dwellings with detached garages and 4 semi- detached dwellings, new access road and associated landscaping (Amended site location plan received) at Land at South Gower Sports Club, Scurlage, Swansea

Approx Planning Application No.2008/0951 Replacement 3.15pm building to provide cellar, ground floor workshop/store and reception area with first floor self contained apartment at Bank Farm, Horton, Gower

Approx. Planning Application No.2007/1826 Demolition of 3.45pm existing bungalow and construction of detached dwelling, and extension of residential curtilage (outline) (Details of design, sitting, external appearance and access) at Byways, Lunnon, Swansea

Approx. Planning Application No.2008/1410 Two storey rear 4.10pm extension and detached garage at 677 Gower Road, Upper Killay, Swansea

These planning applications will be considered at the meeting of the Area 2 Development Control Committee scheduled to be held in the Council Chamber , Civic Centre, on Tuesday 2nd September 2008 at 2.00 p.m.

D. Daycock Head of Legal & Democratic Services

06.08.08 Contact: Gareth Borsden 01792 636824Z: Word /Committee /Agenda /Committee/Area2/SiteVisits AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 9 APPLICATION NO. 2008/1009 WARD: Area 2 Gowerton

Location: Cefn Stylle Farm, Cefn Stylle Road, Gowerton, Swansea, SA4 3QY Proposal: One agricultural worker's dwelling (outline) Applicant: Messrs E Evans & Son

BACKGROUND INFORMATION

POLICIES

Policy Policy Description Policy EQ6 There will be a presumption against development in the open SLV countryside. Permission will not be given for development in the open countryside unless the proposals are considered essential to the rural economy and relate to agriculture, forestry and mining or are essential for communications. Planning permission for new residential development will be subject to the limitations stipulated in Policy H6. (Southern Local Plan)

Policy EQ8 There is a presumption against development which would encroach into SLV the countryside or which would lead to the coalescence of settlements. (Southern Lliw Valley Local Plan)

Policy EQ9 It is the policy of the Borough Council that three areas are designated as SLV `Green Wedges’, in order to maintain their rural environment, and protect them from sporadic development and the encroachment of the urban area. The areas are:

1. Between and Gowerton, and extending to the Borough boundary adjoining .

2. Between Gowerton and Kingsbridge, extending from to Penllergaer/Cadle Mill;

3. Between Penllergaer and Llangyfelach. (Southern Lliw Valley Local Plan)

Policy H6 SLV Outside the existing boundaries of the settlements within the plan area, the only form of new housing development that will be allowed will be that which is essentially required in connection with agriculture, forestry or mining. (Southern Lliw Valley Local Plan)

Policy C1 The environment and natural beauty of the countryside throughout West WGSP will be protected for its own sake, and where appropriate, will be enhanced and managed. In the Gower Area of Outstanding Natural Beauty the protection of natural beauty will be the primary objective. ( Structure Plan Review No. 2)

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 9 (CONT’D) APPLICATION NO. 2008/1009

Policy C4 Within the following Green Wedges the countryside will be conserved WGSP and enhanced, and development only permitted for appropriate uses associated with agricultural production, forestry, nature conservation and recreation:

i. The Lower Llan Valley, including Garngoch Common. ii. The area around Mynydd Gelliwastad North of Morriston Hospital. iii. Land west of and between , Gowerton and Dunvant. iv. The valley of the on the western side of Swansea. v. Kilvey Hill, Crymlyn Bog and environs, Crymlyn Burrows, Jersey marine and part of the Neath Estuary. vi. The area between Birchgrove, Skewen and Glais, including the flanks of Mynydd Drumau. vii. The area between Pontrhydyfen and Cimla. viii. The area between Bryncoch and Rhos. ix. The area between Neath and Tonna. (West Glamorgan Structure Plan Review No. 2)

Policy C5 In the open countryside, development will not be permitted except WGSP where:

i. It is essential for the rural economy or rural employment, or ii. It can be demonstrated to meet the overriding social or economic needs of the local , or iii. It is for a replacement dwelling on an agricultural holding, or iv. It provides an acceptable use for redundant building(s) and the adaptation of the building(s) to the new use is sensitive to the surrounding natural landscape and built environment, or v. It is essential for communications, telecommunications, and other forms of utility service provision, renewable energy generation or minerals extraction, or vi. It is an appropriate development associated with nature conservation, rural recreation and tourism or farm diversification, and vii. The land is of poor agricultural, conservation, or ecological value, and the development does not adversely affect the viability of an established farm unit. (West Glamorgan Structure Plan Review No. 2)

Policy H3 Within Swansea sufficient land will be made available to enable WGSP development, up to the year 2006, as follows;

iii. In the Gower fringe settlements .limited infilling and small-scale rounding off, as well as minor extensions to existing settlements require to meet proven local housing needs.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 9 (CONT’D) APPLICATION NO. 2008/1009

Policy C6 There is a presumption against ribbon development and development WGSP which contributes to the coalescence of settlements.

Policy EV20 - Criteria for the consideration of new dwellings in the countryside. UDP

Policy EV22 - The countryside will be conserved and enhanced for the sake of its UDP natural heritage, natural resources, historic and cultural environment and agricultural and recreational environment.

SITE HISTORY

None

Response to Consultations

The application was advertised on site and in the press as a departure from the development plan and 1 neighbouring dwelling was individually consulted. NO letters of OBJECTION were received.

Gower Society: Object on the following grounds:

1. The Society supports proven legitimate applications for such houses. 2. In this case, we are concerned however as to the true needs for such a dwelling, particularly when so close to urban areas i.e there are plenty of houses available on the open market within a short distance. 3. We recall what may have been previous applications for other developments at this location, but not in the name of Cefn Stylle Farm. This must be checked and fully considered. 4. Unless a fully substantiated agricultural need can be established, we must object to this proposal. As farming is in relative recession and numbers of employees have decreased in recent years, this is an unusual application. 5. If the application is allowed, the dwelling must be tied in to a watertight agricultural tenancy agreement/

Gowerton Community Council: No objection

Highway Observations – This proposal for an agricultural workers dwelling is unlikely to result in any highway safety applications and I therefore recommend that no highway objections are raised.

Applicant’s supporting Statement

In support of the planning application, the applicant’s agents on behalf of the applicant has submitted a Supporting Statement. The appraisal and comments on the need for an agricultural dwelling are as follows:

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 9 (CONT’D) APPLICATION NO. 2008/1009

APPLICANT

Functional Test

• The total farmed area is 353ha (872 acres) or thereabouts of enclosed land with common grazing rights. Of this 215.7ha (533 acres) is owned with the remainder rented on either short-term tenancies, business tenancies or grazing licence. In addition there is common grazing on Gowerton and Penclawdd Marshes being some 130ha (323 acres) for 1,500 sheep. The intertidal marsh lies within the Bury inlet and Loughor Estuary and is designated a SSSI as well as being a RAMSA international wetland site. A management agreement with the Countryside Council for allows Messrs Evans to graze the land with some 750 ewes over a 10month annual period. • Some 61.5ha (152 acres) of rented land lies within 5 miles south and south- west of the homestead and the remaining 75ha (187 acres) some 6miles south- west of Cefn Stylle. • The 55.4ha (137 acres) of land is known as Breos Farm and this land has been taken for the past 7 years on an annual Farm Business Tenancy (the owners of this land are Mr and Mrs S Evans parents in law). • Current stock on the farm is: 160 suckler cows, 50 heifers, 6 bulls, 550 ewes, 150 ewe lambs and 16 rams. Most of the suckler cows are housed at Cefn Stylle with the remainder housed over the winter period in buildings at Breos Farm, , returning to Cefn Stylle for calving in the Spring. • All ewes are scanned in December and all are housed from January until lambing starts in mid-February. Subject to weather conditions the ewes and lambs are released some days after lambing to paddocks near the farmstead. • The farm has a range of both modern and traditional buildings. • All labour on the unit is supplied by Mr P Evans and his son Mr S Evans. Together they are responsible for the overall management of the holding and works include, not only the physical work of livestock welfare during calving and lambing, the need to move the ewe flock across a classified highway (B4295) from the salt marsh to higher ground in times of emergencies such as adverse weather, floods or exceptional high water outside any period not notified in the Tide Table Information. Input is also required into marketing and business management. • Mr S Evans lives in a semi-detached residential dwelling with his wife Linda in the village of Penmaen some 8 miles from Cefn Stylle. • The business has an entitlement under the Single Payment Scheme of £89,562. The farm also has Tir Mynydd payments reflecting the difficult nature of the land farmed and an open ended Management Agreement payment from the Countryside Council for Wales in relation to the Tidal Salt Marsh. The farm has also applied to join the Tir Gofal agri-environment scheme and has been successful in being taken to the early stages of reaching an agreement. • During the lambing and calving period there will have to be a very high degree of attention readily available as well as in the weeks following. This calving and lambing period can occur over a 5 month period (from mid January to mid June), emergency need for attendance can therefore extend through to July. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 9 (CONT’D) APPLICATION NO. 2008/1009

Other important jobs include scanning, shearing, harvesting, livestock welfare (foot trimming etc). In addition to daily “normal” works of feeding, cleaning and marketing etc. • The buildings on the farm are sufficient and satisfactory for the farm policy conducted. The sheep in-wintering building is relatively new and is a substantial investment showing a continued commitment to expansion of the farming enterprises. • Administrative work associated with farm work. • The security of the holding would improve with a second worker on site. It would also allow practice in animal welfare, husbandry and management with consequential knock-on effects on profitability and farm profit. • The marketing of the produce from the farm needs to be efficient.

It is considered that there is sufficient functional need for 2 key workers to reside on the farm.

Financial Test

• The current minimum standard worker’s rate per standard week is understood to be £234. Over the year this equates £12,168. The return to labour figure shows it is over 3 times this amount and therefore indicates that the business would be viable in the longer term. The enterprise can be said to have passed the financial test.

Report of Agricultural Consultant on Behalf of Swansea City & County Council

In response to the supporting information submitted by the applicant, a consultant on behalf of this Authority has prepared a planning appraisal report. His appraisal and comments on agricultural need are as follows:

1.0 INTRODUCTION

1.1 The Messrs E Evans & Son has applied to the City and County of Swansea Council for consent to erect a farm worker’s dwelling at Cefn Stylle Farm, Gowerton.

1.2 An appraisal has been requested by the Council to examine the agricultural need of the proposal in accordance with planning policies.

2.0 DETAILS OF THE HOLDING

2.1 Location

2.1.1 The holding is in a rural location, principally to the west of Gowerton, with a presumption against development. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 9 (CONT’D) APPLICATION NO. 2008/1009

2.2 Tenure

2.2.1 The applicant owns 215 ha and rents a further 138 ha. The owned land is all in the same location around the proposed site and includes the highly variable common grazing land of some 130ha. The reliably available owned land therefore extends to 85ha. The rented land is in two blocks. The first, being 62ha is in three parcels to the south west, with 41ha held on an AHA tenancy and 21ha on a periodic FBT. The second is 6 miles away from the site, in two parcels. The first is Breos Farm, being 55ha and includes a yard of buildings. The second is 20ha of grazing held on an annual licence.

2.2.2 The varying security of tenure of the let land has been taken into account in this appraisal. The 20ha of grazing land is largely ignored.

2.2.3 In a letter dated 25th June, the applicant stated that a further 24ha at had just been added, under an FBT.

2.3 Buildings

2.3.1 The main yard is adjacent to the proposed site and comprises a substantial range, listed at 4.4 of the agent’s report.

2.3.2 The secondary yard is on the rented land at Breos Farm and again provides a useful range, listed in the same section.

2.3.3 There is one additional building on the southern edge of the rented land at Chantry Acre, used for corralling and shelter.

2.4 Land

2.4.1 The vast majority is laid to grass, or other grazing crops.

2.5 Dwellings

2.5.1 There is already a dwelling on the holding, just to the north west of the application site. It is worth noting the other dwellings around the farm, all of which are unconnected to the applicant. These include the house further to the north west of the proposed site, the riding stables to the north of the site, the house on the main road to the north west, the village houses along Cefn Stylle Road and of course the house adjoining the yard at Breos Farm.

2.6 Enterprises

2.6.1 This is a traditional suckler beef and lamb farm. The original submissions reported the suckler herd as comprising 160 cows, 15 replacements, 35 store heifers and 6 bulls, with most of the cows wintered at the Cefn Stylle Yard, but some are kept at Breos Yard at various times. The sheep enterprise was reported as comprising 550 ewes, 150 replacements and the remainder sold as (salt) fat lambs. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 9 (CONT’D) APPLICATION NO. 2008/1009

2.6.2 This information was updated by the agent in a letter dated 25th June 2008 as 180 suckler cows and 750 ewes. A separate letter from the applicant stated a further 26 heifers as being kept on the newly rented land at Pennard. It is not clear whether these were taken into account by the agent, since the applicant also stated that therefore around 185 suckler cows and heifers were due to calve in 2009.

3.0 FUNCTIONAL TEST

3.1 The functional test is required to show that there is a proven agricultural need for a farm worker to be present on site most times out of necessity. The need must be sufficient to override other planning considerations and can not be satisfied in other ways. In this case, there is already a dwelling on site and therefore the evidence must prove a need for an additional worker to be similarly required, that cannot be answered by the first worker.

3.2 There are distinct parts to the functional test and each are examined below:

Full Time Test – is there sufficient labour requirement on the holding to fully employ two full time workers?

No man-day statistics are offered, but from standard sources there is certainly sufficient labour requirement for two full time farm workers.

Essential Need Test – is there a proven need for an additional worker to remain on site at most times out of necessity?

The submitted evidence in the report provides general references to the purported need as including:

Animal welfare, animal husbandry, management, productivity, profit, damage, financial loss, emergencies, calving, lambing, marketing, business management, work outside conditioned hours, scanning, shearing, harvesting, foot trimming, feeding, cleaning, marketing, administrative work, security.

Not only are the references too general to be compelling evidence, but the type of issues do not themselves show an essential need for a second farm worker, that could not be met by the first.

Taking a couple of them as examples, lambing is an expected occurrence and is seasonal. During peak times, there may be isolated periods where it may be necessary for the on-site worker to telephone an assistant (living locally) to drive in (taking a few minutes to do so) where the first worker is inundated.

Any evidence to support the need for a second farm worker to live on site would need to show that there was either sufficient expected incidence where the first worker is not only inundated enough to require a second, but that the few minutes it would take for the second worker to drive in would be too long, or that the type of emergency would require the immediate response of two workers, rather than one.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 ITEM 9 (CONT’D) APPLICATION NO. 2008/1009

Shearing is also seasonal and intensive, but is entirely planned. There could be no support to show that shearing required even the first worker to reside on site.

There is, however, one area where the evidence is more interesting, at section 4.5. In our opinion, the unusual factor of keeping sheep on tidal salt-marsh, with not only scheduled tides (which can be planned to a greater degree), but with more sudden inclement conditions requiring urgent evacuation, is compelling evidence of a potential additional need that may not be able to be met by the first farm worker alone.

However, the earlier submissions do not expand on this point and there is no hard evidence on frequency, urgency, or extent, to allow further assessment. Nor is there any evidence to show why in answering that potential need, the second worker would necessarily need to be based at the yard, as opposed to (say) a property on Cefn Stylle Road.

We sought further evidence on this point and received a letter from the agent, dated 25th June 2008. No substantive further evidence was submitted on the salt marsh point, but the level of incidence of calving and lambing was focussed on. It was conceded by the agent that a single farm worker could carry out this duty (third last paragraph), but that a particular individual would suffer from fatigue over long periods.

There are two responses to this. Firstly, this is a seasonal requirement, not year round. This is an application for a permanent dwelling. Secondly, there is no implicit requirement for the residing farm worker at any one time to be the same farm worker, only that a 24 hour presence is retained. Shift work during the season is anticipated.

In our opinion, there is insufficient evidence submitted to show an overriding need to have a second worker on site, which could not be adequately met by the first worker (together with called in assistance from the local area, as required).

Other Dwelling Test – can the need be satisfied by other houses in the area?

There are quite a number of houses in the immediate area, but we have not carried out an exhaustive search to establish whether any are available. There is some doubt however that if a need is shown (by further evidence) that the need would emanate from the yard. In fact, it may be more relevant to be near the salt marshes.

3.3 In our opinion, the application fails the functional test.

4.0 FINANCIAL TEST

4.1 We have seen three years accounts, but only up to y/e 2006. There is sufficient net profit in each of the preceding years to support two full time farm workers. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 9 (CONT’D) APPLICATION NO. 2008/1009

4.2 A letter from the accountants dated 17th June 2008 estimates a net margin in y/e 2007 sufficient to support two full time workers.

4.3 Subject to verification of that estimate, we are satisfied that the financial test is satisfied.

5.0 CONCLUSION

5.1 There is insufficient evidence of a functional need. The financial test is satisfied, subject to verification.

5.2 Commensurate need – This is an outline application and no plans have been seen. If a second dwelling were to be permitted, in our opinion it would need to be of no more than 150sqm to be adequate for the needs of the holding.

APPRAISAL:

This application was reported to Committee for decision at the request of Councillor Richard Lewis.

Outline planning permission is sought for the erection of a dwelling at Cefn Stylle Farm, Cefn Stylle Road, Gowerton. The applicant owns 215ha and rents a further 138ha.

The main issues to consider in respect of the application is the acceptability of a dwelling at this open countryside location having regard to agricultural need and the impact of the proposal on the character and appearance of the area having specific regard to adopted national planning guidance and development plan policy relating to new residential development in this open countryside location and the fringe of the Gower AONB. It is considered that the Human Rights Act does not raise any additional material concerns in this case.

Planning Policy Wales 2002 states that new building in the open countryside away from existing settlements must continue to be strictly controlled and TAN6 provides that new permanent dwellings in the open countryside should only be allowed to support existing agricultural activities on well established agricultural units subject to strict criteria regarding functional and financial need.

Policies H3(iii), C1, C4, C5 and C6 of the West Glamorgan Structure Plan review No.2 presume against new housing within the open countryside other than on suitable plots within the boundaries of existing settlement or where development is required to meet the overriding economic or social needs of a local community. In essence these policies seek to ensure that the countryside is conserved and enhanced and that the natural beauty and environment of the countryside is protected for its own sake. These policies are further developed in the Southern Lliw Valley Local Plan with Policies H6, EQ6, EQ8 and EQ9 and Policies EV20 and EV22 UDP reflecting the main objective of conserving and protecting the countryside from inappropriate development. In particular Policies H6 and EQ6 of the Southern Lliw Valley and EV20 of the UDP seek to resist new residential development in the open countryside unless there is a proven agricultural or forestry need or there are overriding economic or social needs. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 9 (CONT’D) APPLICATION NO. 2008/1009

In addition policies EQ6 requires development which is permitted to be of scale, character, design and appearance that blends into the existing landscape. Any development that is prejudicial to the environmental quality of the open countryside will be resisted.

The applicant has submitted a consultant’s report which seeks to justify the need for a permanent dwelling on the site in association with the above mentioned business. This report describes the agricultural business and provides assessments in relation to the financial and functional tests as prescribed by TAN6.

In response to this submission, the Council’s agricultural consultant has produced an appraisal. The conclusions of this report are on the basis of the information submitted. Whilst it is acknowledged there is sufficient need for two workers on the site, the key factor of the report focuses upon whether there is a necessity to remain on the site most of the time. It was considered that in this case there was insufficient evidence submitted to show an overriding need to have a second worker on site, which could not be adequately met by the first worker together with called in assistance from the local area as required. There are a number of houses in the immediate area and there is also some doubt as to whether there is a need to live on the farm as opposed to a location in proximity to the saltmarshes. It is therefore considered that the proposal fails the functional test. With regard the financial test, following the submission of three years of accounts it would appear (subject to verification) that there is sufficient net profit in each proceeding year to support two full time farm workers.

In view of the above therefore, it is considered that the proposal fails to provide an essential agricultural or overriding economic or social need for a dwelling at this open countryside location within the Gower Fringe, and there are considered to be no other material considerations that outweigh the provisions of the Development Plan or National Planning Guidance. There is no justification therefore for the introduction of a new dwelling within the countryside and the proposal would result in an undesirable visual intrusion into the open countryside and would comprise unacceptable ribbon development along this lane. Moreover, if approved the proposal would establish an undesirable precedent for the consideration of other applications of a similar nature, the cumulative impact of which would seriously detract from the natural beauty of this open countryside location, and would unacceptably harm the visual amenities and quality of this sensitive landscape within the Gower Fringe.

Turning to the impact upon the residential amenities of neighbours it is considered that the proposal can be designed in a way which would not result in an unacceptable overbearing or overshadowing impact and as such can potentially respect the residential amenities of the neighbouring occupiers.

In addition, there are considered to be no highway safety concerns with regard to the proposed development and in this respect, the Head of Transportation and Engineering has raised no objection.

To conclude, the proposal clearly conflicts with the countryside protection policies as outlined within the West Glamorgan Structure Plan, Southern Lliw Valley Local Plan and the UDP as such would seriously detract from the natural beauty of the countryside in this part of the Gower Fringe. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 9 (CONT’D) APPLICATION NO. 2008/1009

Moreover, if approved it would establish an undesirable precedent for the consideration of other applications of a similar nature, the cumulative impact of which would seriously detract from the countryside on the Gower Fringe. In this instance, the need for a dwelling at this site is not considered to sufficiently override the planning considerations and refusal is therefore recommended.

RECOMMENDATION:

REFUSE, for the following reasons:

REASONS

1 The proposal constitutes an unjustified new dwelling in the open countryside where no agricultural need or overriding economic or social justification has been demonstrated and would represent an unacceptable sporadic form of urbanising development that would detract significantly from the character and appearance of this open countryside location within the Gower fringe and the Dunvant/Gowerton greenwedge, contrary to Policies C1, C5, C6, and H3(iv) of the West Glamorgan Structure Plan Review No. 2, Policies EQ6, EQ8, EQ9 and H6 of the Southern Lliw Valley Local Plan and Policies EV20 and EV22 of the UDP.

2 Approval of this application would set an undesirable precedent for the consideration of other proposals of a similar nature, the cumulative effect of which would be the incremental erosion of the natural beauty and character of the Gower fringe and the Dunvant/Gowerton Green Wedge contrary to Policies C1, C4, C5 and C6 of the West Glamorgan Structure Plan Review No2, Policies EQ6, EQ8 and EQ9 of the Southern Lliw Valley Local Plan and Policies EV20 and EV22 of the UDP.

INFORMATIVES

1 The development plan covering the City & County of Swansea is the West Glamorgan Structure Plan (Review No. 2), the Swansea Local Plan (Review No.1), the Southern Lliw Valley Local Plan, & the Northern Lliw Valley Local Plan. The following policies were relevant to the consideration of this application (Policies C1, C4, C5, C6 and H3(iv) of the West Glamorgan Structure Plan Review No2, Policies H6, EQ6, EQ8 and EQ9 of the Southern Lliw Valley Local Plan and Policies EV20 and EV22 of the UDP).

PLANS

OS214/1 Site location plan, OS214/2 holding plan Cefn Stylle farm (part) site plan , OS214/3 holding plan Cefn Stylle farm (part) site plan, OS214/4 holding plan Cefn Stylle farm (part) site plan, OS214/5 holding plan Cefn Stylle (part) site plan, OS214/6 site plan, OS214/7 Welshmore site plan, OS214/8 Green Lane, Pennard, OS214/9 Chantry Acre, Bishopston received 20th May 2008

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 7 APPLICATION NO. 2008/0338 WARD: Area 2 Gower

Location: Field No. 0062, Burry Green, Reynoldston, Gower Proposal: Construction of agricultural building (Prior Approval of the Local Planning Authority) Applicant: Mr A L Griffiths

BACKGROUND INFORMATION a. Relevant Planning Policies

West Glamorgan Structure Plan Review (No. 2):

Policy C1 Environment and natural beauty of the countryside will be protected for its own sake. Within Gower AONB protection of natural beauty will be the primary objective.

Policy C5 Development will not be permitted in the open countryside except where essential for the rural economy, or in specific defined circumstances.

Swansea Local Plan Review No. 1:

Policy CL1 The countryside will be protected for its own sake, and conserved and enhanced through the control of development, conservation measures, practical management and improvement initiatives.

Policy CL3 Primary objectives in Gower AONB and heritage coast will be protection and enhancement of its natural beauty.

Policy A2 Criteria for agricultural development in the countryside

Unitary Development Plan (Post Inquiry Changes) 2008

Policy EC14 Criteria for agricultural development

Policy EV26 Protection and enhancement of the natural beauty of the Gower AONB b. Relevant Planning History

2008/0011 Agricultural Building (application for the Prior Approval of the LPA). Invalid/Withdrawn AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 7 (CONT’D) APPLICATION NO. 2008/0338 c. Response to Consultations

ORIGINAL PLANS

The application was advertised on site and five neighbouring properties were consulted individually. TWO LETTERS OF OBJECTION were received, summarised as follows:

1. The proposal will materially affect the external appearance of the premises and the effect on the landscape of the AONB will be significant. 2. There will be a major loss of visual amenity for neighbouring dwellings with a resultant blight on their value. 3. The materials proposed are inappropriate and inconsistent with neighbouring agricultural units. 4. The siting fails to take account of the local water table and water courses. Chemical run off from implements will enter local water courses creating an environmental hazard, while storage of feed materials will attract vermin with public health issues for neighbouring residents.

The Gower Society –have the following comments to make :

1. Query the justification for this building; is there real agricultural business being conducted, what is the real intended use? 2. If justified, is it located in the best position to minimise impact on the landscape. 3. Concerned about the growth of such sheds in the AONB, and history shows that many are used for either equestrian or other business use.

We ask for the above comments to be taken into consideration.

Llangennith, Llanmadoc and Cheriton Community Council - No objection per se, but object to the specific proposed location, which is within 5 metres of Bramble Cottage’s boundary, and likely to attract vermin. Would it be possible to locate the barn farther into the field.

ORIGINAL SCHEME

Five neighbouring properties were consulted individually, along with previous objectors and the , Llanmadoc and Cheriton Community Council.

Llangennith, Llanmadoc and Cheriton Community Council - The Council is now happy with the revised location as per the amended plan.

Highway Observations - There are no highway safety implications with this proposal. I recommend that no highway objections are raised.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 7 (CONT’D) APPLICATION NO. 2008/0338

AMENDED SCHEME

Five neighbouring properties were consulted individually, along with previous objectors, the Community Council.

TWO LETTRES OF OBJECTION were received, summarised as follows:

1. The location plan appears to be based on out of date information and seeks to exaggerate the extent of the applicants ownership. 2. The applicant has incorrectly indicated in Question 12 that there are no trees in the vicinity of the proposed works. 3. The 1:200 site plan has incorrect dimensions, understating the footprint of the proposed building. 4. Previously mentioned concerns of environmental hazard due to run off into water courses and attraction of vermin are reiterated. 5. The proposed re-siting and alternative materials proposed do not overcome the concerns raised initially on the visual impact on the landscape character of the AONB, and are inconsistent with other agricultural units in the neighbourhood. 6. There is a failure to recognize any landscaping requirements to minimize the visual impact. 7. Concern remains regarding the increased traffic and working near residential properties, whilst the unapproved widening of the access by the applicant remains an outstanding legal issue to be resolved by the courts. 8. The proposal fails to improve the area by renovating existing buildings in the vicinity.

APPRAISAL

This application is reported to Committee for decision at the request of Councillor Richard Lewis.

The Prior Approval of the Local Planning Authority is sought for the erection of an agricultural building at Field 0062, Burry Green which is located within the Gower AONB. Due to concerns raised regarding the siting and materials of the original application, amended plans have been submitted re-siting the building further to the west of neighbouring dwellings. The proposed materials/colours of the building have also been amended and are considered more appropriate for the Gower AONB.

Following discussions with the applicant it has been agreed that the new building will be constructed of vertical timber boarding and dark grey steel sheeting roof, and will be used for the storage of hay, agricultural implements and machinery. The building will measure 9.2m x 4.5m, with a maximum height of 3.5m having a floor area of approx. 41.5sq metres.

The main issue to be considered is the principle of allowing the development within this part of the open countryside of the Gower AONB having regard to the prevailing Development Plan and emerging Unitary Development Plan (Post Inquiry Changes 2008) Polices. It is not considered that the provisions of the Human Rights Act raise any other overriding considerations. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 ITEM 7 (CONT’D) APPLICATION NO. 2008/0338

Policies C1 and C5 of the West Glamorgan Structure Plan Review (No.2), Policies CL1 and CL3 of the Swansea Local Plan Review No.1 and Policies EV22 and EV26 of the UDP seek to protect the open countryside and natural beauty of the Gower AONB and development will only be permitted where it is essential for the rural economy. Policy A2 of the Swansea Local Plan Review No.1 and Policy EC14 of the UDP requires agricultural developments to be sympathetically sited, designed and landscaped to minimise their impact in the surrounding landscape.

The applicant has submitted supporting information to justify the need for the building at this location. The applicant refers to having a registered Agricultural Holding and will struggle to maintain his business without this building. He has identified that there are no other buildings on the land that can be used for agricultural purposes. He has two separate holdings, the larger in Burry Green, purchased in 2004, which is the subject of this application, and a single field adjoining Windmill Farm, which total 9.6 hectares. A further 16 hectares are rented on an annual tenancy basis. Current stock levels are 200 sheep and 4 cows, and a small building is vital to store food in the form of hay and machinery for the day to day running of the business. The applicant also requires shelter for lambs or calves (or for lambing and calving) in bad weather.

It is considered that there is adequate agricultural justification for a small building to serve the agricultural business, and the scale and design of the proposed agricultural building is considered to be in keeping with its agricultural storage function.

With regard to the visual impact, the building would not be prominent from the public highway and is partly screened by two sets of mature hedgerows and a number of residential properties. This structure is 4.5m by 9.2m with a maximum height of 3.5m. It is not therefore considered that the proposed development would detract from the character and appearance of this part of the Gower AONB.

In terms of impact upon residential amenity, in support of the application, the applicant being aware of potential concerns regarding the attraction of vermin also refers to an existing stone barn and dog kennel within the curtilage of an adjacent property which the applicant considers would be just as likely to attract vermin as the proposed building. The revised location of the building is, however, towards the south western corner of Field No. 0062 and approximately 27 metres from the nearest dwelling house at Bramble Cottage. Although the proposed building will be sited in proximity to the curtilage of this dwelling at its north western corner, given the modest scale of the proposed building and its intended use principally for storage purposes, it is not considered that the proposal would have an unacceptable impact upon the amenities of the occupiers of neighbouring dwellings sufficient to warrant a recommendation of refusal.

The Head of Transportation and Engineering raises no highway objection to the proposal.

The Department’s Tree Officer has advised that whilst there is a large Ash tree close to where the proposed building is to be erected, the size and construction of the proposed building is unlikely to cause unacceptable damage to the tree. There are, therefore no objections to the proposal on this basis.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 7 (CONT’D) APPLICATION NO. 2008/0338

With regard to the objections received, the concerns raised in relation to impact on the AONB, visual and residential amenity have, it is considered, been addressed above.

Impact on property valuation and land ownership disputes are not material planning considerations, whilst in this case, the amount of storage of implements associated with this building is not considered to lead to levels of chemical run off entering local water courses to create an environmental hazard over and above the existing use of the land. It is considered that there is an adequate distance between the proposed development and the nearest dwelling to prevent any unreasonable degree of nuisance, (this would apply to noise, odour or pests) and the applicant has submitted an amended 1:200 site plan (second amended plans) indicating correct dimensions for the proposed building.

In conclusion, and having regard to the above considerations including the Human Rights Act, the proposal is considered to meet the prevailing provisions of the Development Plan in that the building is necessary for agricultural purposes, and its siting and visual appearance are satisfactory. Approval is therefore recommended.

RECOMMENDATION:

APPROVE, subject to the following conditions:

1 The development shall be commenced not later than the expiration of 5 years from the date of this planning permission and shall be completed in accordance with the said application plans and conditions prior to any part thereof being brought into beneficial use, unless otherwise agreed in writing by the Local Planning Authority. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990 and to ensure that the development is completed in accordance with the plans approved by the City and County of Swansea, and so avoid any detriment to amenity or public safety by works remaining uncompleted.

2 Notwithstanding the details shown on the proposed elevations (1:100) received 4th April 2008, and the application form received 22nd July 2008, the walls of the building shall be finished in Dark Grey PVC coated profiled steel sheeting and the walls of the building shall be finished in vertical timber boarding as detailed on the amended site plan (1:200) received 18th June 2008. Reason: In the interests of visual amenity and the character and appearance of the Gower AONB.

INFORMATIVES

1 The development plan covering the City & County of Swansea is the West Glamorgan Structure Plan (Review No. 2), the Swansea Local Plan (Review No.1), the Southern Lliw Valley Local Plan, & the Northern Lliw Valley Local Plan. The following policies were relevant to the consideration of this application (Policies C1 and C5 of the West Glamorgan Structure Plan Review No 2 and Policies CL1, CL3 and A2 of the Swansea Local Plan Review No 1)

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 7 (CONT’D) APPLICATION NO. 2008/0338

1 It is an offence under the Wildlife & Countryside Act 1981 (as amended) to intentionally (intentionally or recklessly for Schedule 1 birds) to: - Kill, injure or take any wild bird - Take, damage or destroy the nest of any wild bird while that nest in use or being built - Take or destroy an egg of any wild bird You are advised that any clearance of trees, shrubs, scrub (including gorse and bramble) or empty buildings should not be undertaken during the bird nesting season, 1st March - 31st August and that such action may result in an offence being committed.

PLANS

Floor plans and elevations received 4th April, 2008. Amended plans site location plan, block plan received 18th June 2008

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 16 APPLICATION NO. 2006/1067 WARD: Area 2 Gower

Location: Land at South Gower Sports Club, Scurlage, Swansea Proposal: Construction of 4 detached dwellings with detached garages and 4 semi-detached dwellings, new access road and associated landscaping (Amended site location plan received) Applicant: South Gower Sports Club

BACKGROUND INFORMATION

POLICIES

Policy Policy Description

SITE HISTORY

App No. Proposal 2003/0885 Residential Development (Outline) Decision: Withdrawn Decision Date: 08/05/2006 a. Relevant Planning Policies

National Planning Guidance

Planning Policy Wales 2002

Technical Advice Note (Wales) 12, ‘Design’, 2002

West Glamorgan Structure Plan Review No. 2:

Policy H3(iv) Within the Gower AONB there will be a strong presumption against further new housing other than on suitable plots within the boundaries of an existing settlement or developments required to meet the overriding economic or social needs of a local community.

Policy C1 Environment and natural beauty of the countryside will be protected for its own sake. Within Gower AONB protection of natural beauty will be the primary objective.

Policy C5 Development will not be permitted in the open countryside except where essential for the rural economy, or in specific defined circumstances.

Policy C6 There is a presumption against ribbon development and development which contributes to the coalescence of settlements.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 16 (CONT’D) APPLICATION NO. 2006/1067

Swansea Local Plan Review No. 1:

Policy V3 Criteria for small scale development within the Gower Villages.

Policy CL1 Protection of the countryside.

Policy CL3 Priority in Gower AONB and heritage coast will be protection and enhancement of its exceptional landscape and nature conservation interest, and protection of its natural beauty.

Policy CL10 Requires the developer to retain existing trees and hedgerows wherever appropriate.

Policy BE1 General requirements to ensure new development displays a standard of design and layout sympathetic to the character and amenity of the site, its immediate surroundings and the broader area.

Policy BE2 Development is required to have regard to the amenities of the surrounding area.

Policy BE13 Requirements for development permitted on site of archaeological interest.

City and County of Swansea Unitary Development Plan – Post Inquiry Modifications:

Policy EV16 Within the small villages identified on the Proposals Map, small-scale development will be approved only where it is appropriate to the location in terms of the following criteria: (i) It is of a scale, density and layout compatible with the size and form of settlement, (ii) It has a design that in its form, elevational treatment, detailing and use of materials is sympathetic to the architectural character of the village, (iii) It will not involve a loss of land of recreational, natural heritage or amenity value, (iv) It has an acceptable relationship with adjacent buildings, spaces and landscape, including coastal features, (v) It will not harm the amenity of neighbouring residents, and (vi) It can be accessed without prejudicing highway safety and without detriment to the character of the village.

Policy EV26 Within the Gower AONB, the primary objective is the conservation and enhancement of the area’s natural beauty. Development that would have a material adverse effect on the natural beauty, wildlife and cultural heritage of the AONB will not be permitted. Any development within the AONB should: (i) Be of the an appropriately highest standard of design, and (ii) Retain and where possible enhance existing features of natural heritage and the historic environment. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 ITEM 16 (CONT’D) APPLICATION NO. 2006/1067

Policy EV6 The Council will seek to protect, preserve and enhance Scheduled Ancient Monuments and their setting, and also unscheduled archaeological sites and monuments and their settings listed in the County Sites and Monuments Record held by the Glamorgan Gwent Archaeological Trust’s Curatorial Division. Where proposals affect sites and areas of archaeological potential, applicants will be required to provide the following information with planning applications: (i) An assessment or evaluation of the archaeological or historic importance of the site or structure, (ii) The likely impact of development on the archaeological site, and (iii) The measures proposed to preserve, enhance and record features of archaeological interest. b. Relevant Planning History

2003/0885 Residential development (Outline). Withdrawn. c. Response to Consultations

ORIGINAL PROPOSAL

The application was advertised on site and in the local press and 10 neighbouring properties were consulted individually. 4 LETTERS OF OBJECTION have been received which are summarised as follows:-

1. Concern that this application is only slightly different from previous plans submitted and withdrawn under previous application and objections still stand.

2. Since whole of the community of Scurlage is concentrated around the junction of and Rhosilli roads, there has been a considerable increase in the volume of traffic in the village. An additional access road to the new development would further exacerbate the problem.

3. Reference made to previous plans and the need to protect the amenities of nearest bungalow properties in Gower Holiday Village.

4. Concern that the number of houses proposed has increased to 8 (six buildings) despite having been reduced from ten to five in previous application.

5. Section 10 of form TP1 is described as ‘vacant land within sports club’. This is not true as it is regularly used as a football field.

6. Concern that in the ‘Design Statement’ there is a description of Scurlage as ‘suburbia rather than a Gower Village’, which gives the impression that there is little in the way of a village community when making decisions on planning matters. Scurlage has its own local shop, bakery, pub, sports club, hairdressers, swimming pool, garden centre, doctor’s surgery, pharmacy, and residential area.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 ITEM 16 (CONT’D) APPLICATION NO. 2006/1067

7. Whilst it is small village the impact of any development would be greater, and would spoil the essentially rural nature of the area. Concern that this will set a precedent for future development.

8. Concern that the views over the field from the holiday village will be affected, 80% of these dwellings are in private ownership and many are used for several months at a time by their owners, and this development could affect the interest in the attraction of the holiday village to visitors.

9. Visitors come to Gower for its rural tranquillity and outstanding natural beauty and many pass this junction. Where there is now an open field they will see a modern housing estate.

10. Concern that in the summer months the proposed development will overload sewage and affect water and electricity supplies.

11. Concern that views from properties along Monksland Road and from Holiday Village will be affected.

12. Concern that this development could be the thin edge of the wedge, and set a precedent for future development future with more pressure on existing services.

13. The development is completely out of character with the character of the area.

Gower Society – Objects as follows:-

Have inspected the above application site and have the following comments to make:-

1. The proposal is contrary to the existing Local Plan and the draft UDP. 2. The proposed houses constitute ribbon development in a most sensitive location. 3. This is development in the open countryside. 4. The view of an open vista from the east will be changed to an urban linear landscape. 5. This development does not enhance either Scurlage or the AONB. 6. We cannot think of any argument that would make us support such a damaging proposal for Scurlage.

We strongly object to this proposal that may benefit the Sports Club, but which would cause serious and irrevocable damage to the AONB.

The Reynoldston Society – Comments as follows:-

To grant this Planning application would be inconsistent with the City and County of Swansea’s declared policies for the granting of planning permissions within the Area of Outstanding Natural Beauty, then the Reynoldston Society hopes very much that, in relation to this application, the Planning Authority will continue to adhere to such policies. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 ITEM 16 (CONT’D) APPLICATION NO. 2006/1067

The Reynoldston Society is of the view that the special environment of the Area of Outstanding Natural Beauty must be preserved, and that any planning application which is inconsistent with the policies intended to ensure its preservation should be refused.

Countryside Council for Wales – Comments summarised as follows:-

As the application falls within the AONB, the Local Planning Authority should consider the immediate and cumulative effects of the development. Note that the Authority does not have a formal Design Guide for developments within the AONB, however refer to Policy EV26 from the Deposit Draft UDP which aims to ensure ‘the highest standard of design’ is applied to any development within the AONB.

Glamorgan Gwent Archaeological Trust – Observations summarised as follows:-

Scurlage and the surrounding area over the last few years has produced thousands of worked flint implements, ranging in date from Mesolithic period to the later Bronze Age, which approximates to 8000 years. The area is clearly of great importance. Ground disturbance of the scale needed for the proposed construction may also locate archaeological features as well as finds. The remains of any settlement of these periods would be rare as settlement was usually temporary and transient.

This application has the potential to affect archaeological remains. Planning Policy Wales 2002 Section 6.5.1 notes that “The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application whether that monument is scheduled or unscheduled”. Welsh Office Circular 60/96, Section 13, recommends that “where research indicates that important archaeological remains may exist, the planning authority should request the prospective developer to arrange for an archaeological field evaluation to be carried out before any decision on the planning application is taken”.

GGAT advises as the professionally retained archaeological advisors that the applicant should be requested to commission such an archaeological work, and the application deferred until a report on the archaeological evaluation has been submitted.

Further GGAT responses dated 9th October 2007 and 20th November 2007, following submission of the specification and subsequent monitoring of the Archaeological Evaluation by the Trust.

Further GGAT response dated the 26th March 2008 made the following observations, summarised as follows:-

Trust had received a copy of the Archaeological Evaluation Report undertaken by Gareth Dowdell on behalf of the South Gower Sports Club. The evaluation work has identified that features and deposits relating to pre-20th century activity survive on the site. These potentially relate to medieval or prehistoric activity on the site. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 16 (CONT’D) APPLICATION NO. 2006/1067

These features and deposits will need to be investigated and recorded and consequently whilst there is no objection to the positive determination of the current application the Trust recommends that a condition is attached to any consent granted by your Members to ensure that the required works are undertaken. Condition will require the applicant to submit a detailed programme of investigation for the archaeological resource and the programme of work shall take the form of an intensive watching brief during the groundworks for the development, with detailed contingency arrangements including the provision of sufficient time and resources to ensure that archaeological features that are located are properly excavated, recorded and a report containing the results and analysis of the work is produced. Recommend that the condition should be worded in a manner similar to the model given in Welsh Office Circular 60/96, section 23.

Highway Observations – This proposal is for 8 dwellings on land at South Gower Sports Club. The site is to be accessed from the B4247 adjacent to the Gower Holiday Village. Visibility at the access point is acceptable and the applicant is proposing a connecting footway to the adjacent shops. The access is intended as a shared private drive and normally I would recommend only 5 dwellings from such an access, however considering the fact that the proposed 8 dwellings will not generate a significant increase in vehicular movements, the number of dwellings proposed is acceptable.

The proposed access is wide at the junction and narrows down to 4.5m. I consider that in order to accommodate all vehicle movements and to reflect the fact that 3 additional dwellings are proposed above that recommended for shared private drives, the minimum width must be increased to 5m.

I recommend as follows;

No highway objection subject to the following;

1. The access drive shall be a minimum of 5m wide.

2. The proposed houses shall not be occupied until the proposed footway linking the site to the adjacent shops has been constructed to Highway Authority standards and specification in accordance with details to be submitted and approved.

Amended Site Location Plan submitted 25th May 2008 to include the verge land adjacent to the main highway.

The application was further advertised on site and in the local press and 10 neighbouring properties, as well as the Gower Society and Reynoldston Society were individually consulted. ONE LETTER OF OBJECTION received which reiterated previous concerns and made the following further points:-

1. Plans are virtually the same, and concerns regarding the access and sewerage reiterated.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 ITEM 16 (CONT’D) APPLICATION NO. 2006/1067

2. Concern that the development is in the Gower AONB and could be the thin edge of the wedge.

The Gower Society – Response dated the 6th June 2008 made the following points:-

1. Our letter of 24 May 2006 showed the Society’s huge concern at this development - which does nothing to enhance Scurlage or the AONB in which it is located. 2. We draw the Planning Department’s attention to all the points which were made in our original letter and which still stand.

The Gower Society wishes to continue to object to this amended application.

Highway Observations – Amended Plan 28 May 2008 – No further comments to make.

APPRAISAL:

Full planning permission is sought for the erection of four detached and four semi- detached dwellings, with new access road and associated landscaping on land at South Gower Sports Club, Scurlage, Gower. This is an amended scheme following the withdrawal of a previous outline application for the residential development on this site in 2006 (ref. 2003/0885).

The application site is located at the junction of the A4118 Port Eynon Road with the B4247 Road, and comprises approximately 0.45 hectares of grassed land which has not been actively used as sports land for several years and is surplus to the sports and community needs of the club. The proposed residential site will measure under 0.4 hectares and is bound by indigenous hedges along the two highway frontages, and a fence and partially tree lined boundary to the west where it abuts the limits of the Gower Holiday Village. The southern boundary is currently open and adjoins the football fields of the South Gower Sports Club. The site is located immediately to the east of the established development along this southern side of the B4247, which includes the Gower Holiday Village and a small commercial area including The Countryman Hotel and The Village shop which serves as a post office, general store, newsagent and hairdressers. The main established residential area of Scurlage is located opposite the site on the other side of the B4247, with further housing along the A4118. A separate area of non- residential development including the surgery and chemist shop is situated on the far western extremity of the village.

This application was submitted in May 2006 following the withdrawal of the above outline application, and further pre-application advice from officers regarding the policy considerations, as well as the design and access requirements for the new residential development at this small village location within the Gower Area of Outstanding Natural Beauty. These considerations are discussed in more detail below.

However, the application has been held in abeyance since the end of August 2006 as advised by Glamorgan Gwent Archaeological Trust, archaeological advisors to the Council, to allow the applicants and their advisors to undertake an archaeological survey as referred to in Part C of my report above. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 16 (CONT’D) APPLICATION NO. 2006/1067

This survey information was required prior to determination in accordance with the advice of Welsh Office Circular 60/96, Section 13, that recommends that ‘where research indicates that important archaeological remains may exist, the planning authority should request the prospective developer to arrange for an archaeological field evaluation to be carried out before any decision on the planning application is taken”.

This has subsequently been carried out and the specification and results of the archaeological evaluation have been assessed by the Trust as being satisfactory, subject to a condition requiring an intensive watching brief during the ground works for the development. This includes the need for detailed contingency arrangements including the provision of sufficient time and resources to ensure that archaeological features that are located are properly excavated, recorded and a report containing the results and analysis of the work is produced.

Recently an amended site location plan has been submitted to address concerns that the site boundaries are drawn tight to the actual highway (B4247). The revised red line area of the site therefore includes a narrow strip of land within which the proposed access and footway are identified. This land currently forms part of a verge between the highway (B4247) and the recreational field, which the Head of Transportation and Engineering has confirmed does not form part of the recognised highway, and is not owned by the Local Highway Authority. The applicant’s agent has been advised that there is a third party ownership claim to this land, however the agent has written to confirm that the applicant disputes this claim and that although the matter may take several months to resolve, but the claimant is fully aware of the application and has no objection in principle to the granting of permission. This ownership matter is therefore considered a private legal matter between the two parties involved, and is not material to the consideration of this application.

The main issues for consideration are whether the site is suitable for residential development in line with the prevailing policies of the Development Plan, and the emerging policies of the Unitary Development Plan, having regard to the character and appearance of the surrounding village, the residential amenities of neighbouring properties, and highway safety within this small rural village, and the need to protect the natural beauty of this part of the Gower Area of Outstanding Natural Beauty. In addition consideration will be given to the relevant National Planning Policy guidance. There are considered to be no additional issues arising from the provisions of the Human Rights Act.

The Council wishes to foster high standards of design in all new development, and this is reinforced by Planning Policy Wales 2002, which states that within AONBs, the primary objective of this designation is the preservation of the natural beauty of this area, and development control decisions affecting the AONB should respect this by considering the importance of traditional and local distinctiveness. Proposed development needs to respect, and enhance where possible, the environment through location, scale, and design. In addition Technical Advice Note (Wales) 12: Design, 2002, emphasises that “the visual appearance of proposed development, its scale and its relationship to its surroundings are material planning considerations in determining planning applications.” For the purpose of this advice, design is taken to mean the relationship between all elements of the built and natural environment, including its relationship between different buildings and between buildings and the streets. Key design issues include height and massing, relationship to site boundaries and adjoining properties, etc. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 ITEM 16 (CONT’D) APPLICATION NO. 2006/1067

In line with this guidance, the following policies of the extant Development Plan apply. Policies C1, C5 and C6 of the West Glamorgan Structure Plan Review No. 2 and Policies CL1 and CL3 of the Swansea Local Plan, broadly seek to protect and enhance the natural beauty of the AONB through the control of development, conservation measures, practical management and improvement initiatives. Local Plan Policy CL10 supports the protection of existing trees and hedgerows and Policy BE13 sets out the requirements for development permitted on sites of archaeological interest. The design and layout requirements are reinforced by Local Plan Policies BE1 and Policy BE2, which require that new development proposals should respect and be sympathetic to the character and amenity of the site and its immediate surroundings, and protect the amenity currently enjoyed by neighbouring residents. As such proposals need to be carefully assimilated into the existing environment through the use of appropriate scale and detailing of buildings and use of good quality materials, and ensure that there is no unacceptable visual impact, loss of light or privacy, increased activity and traffic movements or car parking problems.

Structure Plan Policy H3 (iv) presumes against new housing in the AONB other than on suitable plots within the boundaries of an existing settlement or where development is required to meet the overriding economic or social needs of a local community. Local Plan Policy V3 identifies Scurlage as a small village and seeks to ensure that development is appropriate to its location, particularly in terms of siting, scale, design and relationship with adjoining building and space. In particular opportunities for progressive subsequent ‘infill’ by capturing surrounding countryside by extending the built up area and residential curtilages should not be created.

In this particular case, there is no overriding policy objection to the release of this land for residential development as the development is considered to fall within the settlement limits of Scurlage, and meets the emerging criteria of Policy EV16 of the Unitary Development Plan: Post Inquiry Modifications regarding acceptable small scale development within this small village. In the context of this emerging policy, ‘within’ is defined as what could be reasonably incorporated into the existing village form without detracting from its character and amenity. The test for this is set out in the criteria to this policy as detailed in Part A above.

However, it should be noted that the amplification to this emerging policy underlines that the requirement for development to be sympathetic to the character of the village is not intended to discourage innovative sensitive design approaches that do not harm the character and amenity of settlements.

In this respect, as referred to above there has been extensive pre application advice from officers, and the primary concern has been that of achieving a high quality solution in sympathy with the typical village scenery within the Gower AONB. A particular emphasis has been placed throughout negotiations on avoiding the type of suburban character that would arise from a formal 'estate' layout lacking in streetscene or dwellings that were too large, repetitious or designed without proper regard for Gower vernacular. The application is for full planning permission, with all details including landscaping considered which reflects the importance of assessing the quality of the whole design and layout when considering the principle of releasing this land for residential development.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 16 (CONT’D) APPLICATION NO. 2006/1067

The layout comprises an informal mixed row of four detached and four semi detached dwellings, on the south side of the B4247 road that leads through the village towards Rhossili. Set back from the main road behind the existing hedge, the development adopts a cul-de-sac approach, albeit that this is adapted in this case to respond positively to the setting, reflecting an overtly rural as opposed to suburban character. This is achieved by the set back of the houses, the retention of the majority of the existing field hedgerows, and an enhanced landscaped area with verges and tree planting, which should enhance this gateway entrance into Scurlage. The rural character of the design will be further reinforced by using a single access road off the main highway that enters the site through a breach in the hedge line, and proceeds as a shared private drive between the hedge and the dwellings providing access to each house in turn, such that an informal arc of frontages is created. Whilst car parking is achieved on each plot behind the building line, it is anticipated that visitors will no doubt park along the shared private drive. A footway link is proposed from the west side of the access to village facilities thereby enabling future residents to access these safely, on foot. In this sense the scheme meets the objectives of sustainable location and design being on a main public transport route within walking distance of public transport, shops, recreational facilities and other facilities, with direct vehicular access onto the primary road network on Gower.

The Head of Transportation and Engineering has no objection to the access and car parking arrangements. The site is to be accessed from the B4247 adjacent to the Gower Holiday Village, and visibility at the access point is acceptable. The access is intended as a shared private drive and whilst it is normally recommended that only 5 dwellings lead off such an access, in this particular case it is not considered that proposed 8 dwellings will generate a significant increase in vehicular movements, and the number of dwellings proposed is acceptable. There is no highway objection, therefore, provided the minimum width of the shared driveway is increased to 5m, the details of which can be controlled by condition. The applicant is also proposing a connecting footway to the adjacent shops, and a condition will also be required to ensure that the proposed houses shall not be occupied until the proposed footway linking the site to the adjacent shops has been constructed to Highway Authority standards and specification in accordance with details to be submitted and approved by the Local Planning Authority.

In terms of the visual impact of the scheme, the character of the development is primarily a product of the scale, variety and mix of dwelling types, and the detailed design and materials applied therein. There are three dwelling types within the scheme which are all two storeys in height with a pitched roof a maximum ridge height of 7.3m for house type A to 8.5m for house type B. This mix of house designs is considered to sensitively reflect the design and proportions of simple traditional rural dwellings found on Gower in general, as opposed to a continuation of the architecture found in Scurlage. In particular, the detached house types are both double fronted slated and rendered with central porch. The key difference is that type A is lower in height, featuring dormer windows across the frontage, whereas type B is fully two storeys to eaves. The gable proportions of 7 metres and overall width of 9 - 9.5 metres reflects the modest size of Gower cottages.

The semi detached house types of which there are two pairs; are designed to similar principles of plain frontage, modest proportions and slate/render finishes. These are enlivened by the presence of dormer windows and porch canopies on the frontages. The design and size of the detached garages will reflect the character of the proposed houses with external finishes in render and slate roofs with timber boarded doors. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 16 (CONT’D) APPLICATION NO. 2006/1067

On this basis, it is considered that the overall effect of the arrangement of these house types and detached garages creates an informal modest rural streetscene that respects the small rural village location. However, this is subject to conditions requiring samples of the external materials, including natural slate, render, timber windows and doors, and sample panel of the stonework for the walls, as well as details of verges and eaves, to ensure that the development is of the highest quality as required by this AONB location.

This layout is complemented by sensitive landscape treatment, including the retention of the majority of the indigenous hedgeline along the main highway boundaries, and the correct choices for means of enclosure within the site which are vital for achieving a sympathetic development at this location. In particular the retention of the roadside hedge plays a major part in retaining the rural character of the main highway, and will soften the impact of the proposal without necessarily screening it. This will be enhanced by the proposed dense planting of indigenous species along the rear (garden) boundary of the site, which will act as a physical barrier, as well as acting as visual and acoustic screen for the site. The hedge and existing bank along the western boundary with the Gower Holiday Village will be retained, and further new tree planting is proposed within the site. The use of low dry stone walls (using local stone) along the front vehicular access off the B4247, with traditional gates to the sides of the cattle grid are considered visually acceptable at this location and reflect the traditional enclosures in Gower villages. The individual gardens to the dwellings should also include low stone wall enclosures and the use of 5 bar timber gates which are visually acceptable at this rural location. The details of landscaping and enclosure can be further controlled by condition to ensure the highest quality of design.

Whilst there are outstanding concerns received in public representation that this revised scheme will still introduce an unacceptable urban linear development on this edge of the village that will not enhance the village and will damage the openness of this edge of village area, it is considered that the revised scheme has addressed the main previous design and layout concerns. As described above the new residential development will effectively round off this side of the village and will be limited to a defined area, bound to the north and east by the highway network and to the west by the existing Gower Holiday Village, and will be screened from the south by a new landscaped buffer. Moreover the scheme will not capture any undeveloped agricultural land outside the limits of the village.

On this basis, it is considered on balance, that the layout, architecture and landscape design of the development is sympathetic to the Gower Area of Outstanding Natural Beauty and achieves the high standards necessary to meet the extant and emerging policy criteria for infill development at this small Gower village location.

Turning to residential amenity issues, it is considered that the proposed scheme will be sited at a satisfactory separation distance from the nearest existing residential properties to ensure that the new development will not harm the amenity of neighbouring residents. The nearest residential properties on the other side of the B2427 will be sited at least 48m or more to the north on the other side of the main highway and a separate access road, with a large grassed area and trees as well as the roadside hedge intervening. The nearest property in Gower Holiday Village will be sited with its rear elevation facing the end gable of the nearest new house, which is sited at a satisfactory separation distance of 12m with the intervening bank and hedge remaining. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 16 (CONT’D) APPLICATION NO. 2006/1067

Furthermore, it is considered that the future landscaping of the site along the southern boundary will help safeguard the future amenity of the new residents, and prevent adverse overlooking and loss of privacy from the sports field.

Turning to other matters, the archaeological requirements have been addressed and will be further controlled by condition as detailed above in Part C and the main body of the report. In terms of the ecology of this area, the site has formerly been used as sports field and an informative can be added advising the developer of their responsibilities under the Wildlife & Countryside Act 1981.

In response to public consultation on this application a number of objections have been received from neighbours and the Gower Society regarding the principle of residential development; access, traffic and highway concerns; the proximity of the development to the Gower Holiday Village and existing housing; the status of the land; the impact of the new development on the village and community; and the impact of the development on the character of the area and AONB, which are addressed above in the main body of the report. In addition concerns have been raised that development will impact on tourism in this area, and will overload services such as sewerage etc. in the summer. These matters are not considered material to the determination of this application, as the proposal will not be located in a sensitive coastal location and drainage and water supply matters are covered by separate legislation. Concerns regarding loss of view are not material planning considerations. Given the justification for the release of this site as described above, it is not considered that this scheme will set a precedent for the approval of other residential applications in this small village or elsewhere in the Gower AONB, as each scheme is considered on its own merits and will need to meet the stringent requirements of extant and emerging policy criteria, as detailed above.

In conclusion, having regard to the above considerations including the Human Rights Act, it is considered that the proposal represents a satisfactory development in terms of design, scale, layout and density that will be compatible with this small village location, will not harm the residential amenities of neighbouring residents or highway safety at this location, and that on balance it will not have an unacceptable adverse effect on the natural beauty of this part of Gower AONB. As such it meets the main thrust of the criteria for satisfactory infill within a small Gower village and complies with Policies V3, CL1, CL3, BE1, and BE2 of the Swansea Local Plan Review No. 1 and Policies C1, C5, C6 and H3 (iv) of the West Glamorgan Structure Plan, and the emerging policies EV16 and EV 23 of the City and County of Swansea Unitary Development Plan – Post Inquiry Modifications. Subject to condition the proposal will also meet the essential of archaeological criteria of Policies BE13 of the Local Plan Review No. 1 and EV 6 City and County of Swansea Unitary Development Plan – Post Inquiry Modifications. Approval is recommended.

RECOMMENDATION

APPROVE, subject to the following conditions: AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 16 (CONT’D) APPLICATION NO. 2006/1067

1 The development shall be commenced not later than the expiration of 5 years from the date of this planning permission and shall be completed in accordance with the said application plans and conditions prior to any part thereof being brought into beneficial use, unless otherwise agreed in writing by the Local Planning Authority. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990 and to ensure that the development is completed in accordance with the plans approved by the City and County of Swansea, and so avoid any detriment to amenity or public safety by works remaining uncompleted.

2 Notwithstanding the plans submitted, before the development hereby approved is occupied the means of enclosing the boundaries of the site shall be completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The agreed scheme shall be retained and maintained on site unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of visual amenity and general amenity.

3 Notwithstanding the plans submitted, before the development hereby approved is commenced, a scheme for the landscaping of the site shall be agreed in writing with the Local Planning Authority. The landscaping scheme details shall include the following:-

1) The proposed landscape buffer between the southern boundary of the proposed residential development and the sports field, and the new tree planting and verges in the northern section of the site as shown on the Site Layout Plan, as well as further landscaping details for the reinforcement of the existing hedgerows along the site boundaries of the A4118 and B4247, shall be planted prior to the commencement of the residential development, in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The proposed landscaping works shall be planted in accordance with the agreed scheme specifying the number and species of trees and shrubs, and management details, and shall thereafter be maintained and protected, both during and after the construction of the residential development, and the management details adhered to unless otherwise agreed in writing with the Local Planning Authority.

2) The landscaping scheme for the individual houses shall be agreed in accordance with details to be approved in writing by the Local Planning Authority, and implemented prior to the beneficial occupation of the individual houses. Any trees or shrubs in accordance with this part of the condition that are removed, die , become seriously diseased within two years of planting shall be replaced by trees or shrubs of similar size and species to those originally required to be planted. Reason: To ensure that the site is satisfactorily landscaped having regard to its location and the nature of the proposed development, and to accord with Section 197 of the Town and Country Planning Act 1990.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 16 (CONT’D) APPLICATION NO. 2006/1067

4 No development or other operations shall take place except in accordance with the guide on "The Protection of Trees on Development Sites" attached to this planning permission. No trees, shrubs, or hedges shall be felled or cut back in any way, except where expressly authorised by the landscaping scheme as approved by the Local Planning Authority until five years after the completion of the development. Any trees, shrubs or hedges removed without such authorisation, or dying, or being seriously damaged or diseased before the end of that period shall be replaced by plants of a size and species as may be agreed with the Local Planning Authority. Reason: To secure the protection of trees growing on the site whilst the development is being carried out.

5 Samples of all external finishes, including a sample panel of stonework to be erected on site and samples of the slate, render, windows and doors to be submitted to and approved by the Local Planning Authority in writing before the development is commenced. The scheme shall be implemented and retained in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority. . Reason: In the interests of visual amenity and the character and appearance of the Gower AONB.

6 Notwithstanding the submitted plans, the roof of each of the dwellings hereby approved shall be finished in natural slate in accordance with details which shall be submitted to and agreed in writing by the Local Planning Authority in accordance with the provisions of Condition 5 above. Reason: In the interests of visual amenity and the character and appearance of the Gower AONB.

7 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or amending that Order), Classes A, B, C, D and E of Part 1 of Schedule 2 shall not apply. Reason: The development hereby approved is such that the Council wish to retain control over any future development being permitted in order to ensure that a satisfactory form of development is achieved at all times.

8 A crossing over the footpath/verge in the existing highway shall be completed before the development is brought into use in accordance with details to be submitted to and approved by the Local Planning Authority. Reason: In the interests of highway safety.

9 Notwithstanding the submitted plans, the access drive shall be a minimum of 5m wide and shall be implemented in accordance with details to be submitted to and agreed in writing with the Local Planning Authority. Reason: In the interests of highway safety.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 16 (CONT’D) APPLICATION NO. 2006/1067

10 No part of the development hereby approved shall be occupied until the access and associated gates, cattle grid and low stone wall feature shown on the deposited plan have been constructed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of highway safety.

11 No part of the development hereby approved shall be occupied until the proposed footway linking the site to the adjacent shops has been constructed to Highway Authority standards and specification in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of highway safety.

12 Notwithstanding the submitted plans, details of the verges and eaves to a scale of 1:10 shall be submitted to and agreed in writing with the Local Planning Authority. The scheme shall be implemented in accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority. Reason: In the interests of visual amenity and the character and appearance of the Gower AONB.

13 No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority. Reason: To identify and record any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource.

INFORMATIVES

1 The applicant's attention is drawn to the requirements of the Chronically Sick and Disabled Persons Act 1970, the Disability Discrimination Act, 1995 and to the provisions of Part M of the Building Regulations.

The document "Designing an Accessible Environment" provides guidance for developers on designing an accessible environment for disabled persons and is available from the Building Control Section of the Environment and Health Department at the Guildhall, Swansea.

2 It is an offence under the Wildlife & Countryside Act 1981 (as amended) to intentionally (intentionally or recklessly for Schedule 1 birds) to: - Kill, injure or take any wild bird - Take, damage or destroy the nest of any wild bird while that nest in use or being built - Take or destroy an egg of any wild bird You are advised that any clearance of trees, shrubs, scrub (including gorse and bramble) or empty buildings should not be undertaken during the bird nesting season, 1st March - 31st August and that such action may result in an offence being committed.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 16 (CONT’D) APPLICATION NO. 2006/1067

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

4 The development plan covering the City & County of Swansea is the West Glamorgan Structure Plan (Review No. 2), the Swansea Local Plan (Review No.1), the Southern Lliw Valley Local Plan, & the Northern Lliw Valley Local Plan. The following policies were relevant to the consideration of this application : Policies C1, C5, C6 and H3 (iv) of the West Glamorgan Structure Plan Review No. 2 and Policies V3, CL1, CL3, CL10, BE1, BE2 and BE13 of the Swansea Local Plan Review No. 1, as referred to in the officer's report.

2 The developer is advised to contact Dwr Cymru (Welsh Water) Telephone Swansea 772200 Ext. 2562 with regard to adequacy of water supply and position of water distribution mains in the area.

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

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

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

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

PLANS

The drawing numbers/description to which this decision refers are as follows:

Drawing(s) No.(s): Site layout, detached garage plans, side elevation, sketch perspective view and House Type A received 8th May, 2006. House type A handed and house type C received 25th May 2006. House type B received 14th June 2006. Site location plan received 28th May 2008.

ITEM 10 APPLICATION NO. 2008/0951 WARD: Area 2 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 Gower

Location: Bank Farm, Horton, Gower, SA3 1LL Proposal: Replacement building to provide cellar, ground floor workshop/store and reception area with first floor self contained apartment Applicant: Mr Brian Richards

BACKGROUND INFORMATION

POLICIES

Policy Policy Description Policy BE1 General requirements to ensure new development displays a standard of design and layout sympathetic to the character and amenity of the site, its immediate surroundings and the broader area. (Swansea Local Plan Review No. 1)

Policy BE2 Developments will only be approved where they have proper regard to the amenities of the surrounding areas in particular visual impact, loss of light or privacy, shared activity, traffic and parking implications. (Swansea Local Plan Review No. 1)

Policy CL1 The countryside will be protected for its own sake, and conserved and enhanced through the control of development, conservation measures, practical management and improvement initiatives. (Swansea Local Plan Review No. 1)

Policy CL3 Primary objectives in Gower AONB and heritage coast will be protection and enhancement of its natural beauty. (Swansea Local Plan Review No. 1)

Policy GZ1 Implementation policies for Port Eynon/Horton. (Swansea Local Plan Review No. 1)

Policy NE6 Applications for planning permission need to take account of any species protected by law.

Policy RT1 Improvements to existing tourism and recreation attractions, will be permitted subject to no adverse impact on landscape and nature conservation interests. (Swansea Local Plan Review No. 1)

Policy RT2 Criteria for new tourism and recreation developments in countryside. Emphasis in open countryside will be for informal recreation and quiet enjoyment of the countryside. (Swansea Local Plan Review No. 1)

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 10 (CONT’D) APPLICATION NO. 2008/0951

Policy V1 In the open countryside away from the areas covered by Policies V3, V4 and V6 and V11:-

(i) Residential development will only be permitted where the essential agricultural, or forestry or overriding economic or social needs for a dwelling is proven, and the need for it to be located on the farm or in the woodland rather than in a nearby settlement is demonstrated.

(ii) Where a consent is granted in the case of a proven need it will be subject to conditions, and a section 106 agreement may be sought tying the dwelling to occupancy by a person solely or mainly working or last working, in the locality in agriculture, or in forestry, or a widow or widower of such a person, and to any resident dependants.

(iii) Removal of an agricultural occupancy condition will only be permitted where it can be demonstrated that the agricultural need advanced at the time of the original permission no longer applies and there is no need for the dwelling to meet the long term needs of the local agricultural community.

(iv) where possible a new, or additional, dwelling should take the form of an appropriate converted existing farm building. New build developments will only be allowed where conversion is not practical or appropriate.

Conversion of existing buildings in the countryside to residential use will only be permitted where it is in accord with Policy RE3 criteria (i) ¿ (vi), and where it has no unacceptably adverse effect on the character of historic farm buildings, and where the creation of a residential curtilage would not have an unacceptably adverse effect on the character of the countryside.

Any new dwelling approved in connection with an agricultural or forestry activity shall be of a suitable design in terms of size, accommodation, facilities, scale and character related to the needs of that particular enterprise and where possible located adjacent to existing farm buildings or other dwellings. (Swansea Local Plan Review No. 1)

Policy C1 The environment and natural beauty of the countryside throughout West WGSP Glamorgan will be protected for its own sake, and where appropriate, will be enhanced and managed. In the Gower Area of Outstanding Natural Beauty the protection of natural beauty will be the primary objective. (West Glamorgan Structure Plan Review No. 2)

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 10 (CONT’D) APPLICATION NO. 2008/0951

Policy C5 In the open countryside, development will not be permitted except WGSP where:

i. It is essential for the rural economy or rural employment, or ii. It can be demonstrated to meet the overriding social or economic needs of the local community, or iii. It is for a replacement dwelling on an agricultural holding, or iv. It provides an acceptable use for redundant building(s) and the adaptation of the building(s) to the new use is sensitive to the surrounding natural landscape and built environment, or v. It is essential for communications, telecommunications, and other forms of utility service provision, renewable energy generation or minerals extraction, or vi. It is an appropriate development associated with nature conservation, rural recreation and tourism or farm diversification, and vii. The land is of poor agricultural, conservation, or ecological value, and the development does not adversely affect the viability of an established farm unit. (West Glamorgan Structure Plan Review No. 2)

Policy Within Swansea sufficient land will be made available to enable H3(iv)WGSP development, up to the year 2006, as follows;

iv. Within the Gower AONB, there will be a strong presumption against further new housing other than on suitable plots within the boundaries of an existing settlement or developments required to meet the overriding economic or social needs of a local community. (West Glamorgan Structure Plan Review No. 2)

Policy EV20 UDP New Dwellings in the countryside

Policy EV22 UDP Protection of the countryside

Policy EV26 UDP Within the Gower AONB the primary objective is the conservation and enhancement of the area’s natural beauty

Policy EC17 UDP Criteria for tourism and recreation developments

Policy EC21 UDP Existing static caravan, touring unit and camping sites

SITE HISTORY

App No. Proposal 95/0096 VARIATION OF CONDITION (K) OF PLANNING PERMISSION 81/0578 DATED 30/7/81 TO ALLOW OCCUPANCY OF FACILITIES FROM 1ST TO 8TH JANUARY AND 1ST MARCH TO 31ST DECEMBER IN ANY YEAR Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 21/03/1995 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 ITEM 10 (CONT’D) APPLICATION NO. 2008/0951

90/0898/03 AMENDMENT TO DESIGN FOR RESTAURANT (2/1/81/0578/03). Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 02/10/1990

86/0201/03 INCREASE OF HEADROOM OF EXISTING STORES AND GARAGE. Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 24/04/1986

81/0578/03 EXTENSION TO PROVIDE RECEPTION, FIRST AID, RESTAURANT AND SERVICE FLAT Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 30/07/1981

95/0248 DEMOLITION OF TOILET/SHOWER BLOCK (CONSERVATION AREA CONSENT) Decision: *HGCC - GRANT CONSENT WITH CONDITIONS Decision Date: 02/05/1995

95/0238 ERECTION OF SWIMMING POOL ENCLOSURE, FRONT CONSERVATORY AND ADDITION OF TOILET FACILITIES Decision: *HGPC - GRANT PERMISSION CONDITIONAL Decision Date: 02/05/1995

2007/2678 Replacement building to provide cellar, ground floor workshop/store and reception area with first floor self contained apartment Decision: Refuse Decision Date: 06/03/2008

2003/2175 First floor side conservatory Decision: Grant Permission Conditional Decision Date: 23/12/2003

2004/0085 Removal of condition C of planning permission 81/0578 granted on 30th July 1981 and condition 01 of planning permission 95/0096 granted on 21st March 1995 to allow 12 months use of the site facilities (coffee lounge, licensed bar and restaurant and barbecue area) and their use by persons not staying on the caravan site Decision: Grant Permission Unconditional Decision Date: 13/07/2004

2007/2728 Demolition of workshop, storage and cellar building (application for Conservation Area Consent) Decision: Refuse Decision Date: 06/03/2008

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 ITEM 10 (CONT’D) APPLICATION NO. 2008/0951

RESPONSE TO CONSULTATIONS

Neighbours – The application was advertised on site and in the local press as a development within the Horton Conservation Area, and four neighbouring properties were consulted individually. No letters of objection were received.

Penrice Community Council – Council decided to make the observation that the building would be high on the skyline.

Gower Society – Strongly objects for the following reasons:

1. The proposal is very similar to a previous application which was turned down on appeal. 2. It is a rear development in the open countryside, which would set a very dangerous precedent. 3. We note a reduction in floor area, and a slight reduction in roof height. In our opinion, this will still not reduce the impact on the landscape when viewed from most aspects. 4. Such a large-scale office and reception area appears extravagant.

Highway Observations – This proposal is unlikely to have any highway safety or parking implications. I recommend that no highway objections are raised.

APPRAISAL:

This application was reported to Committee for decision at the request of Councillor Richard Lewis.

Full planning permission is sought for a replacement building to provide cellar, ground floor work shop/store and reception area with first floor self contained apartment at Bank Farm, Horton. The applicant’s agent has submitted a supporting statement and explains that the proposed building is intended to replace the dilapidated cellar/workshop and store.

Planning permission was previously refused under Ref: 2007/2678 for a similar proposal as it was considered that the development would have resulted in the introduction of a visually obtrusive and unjustified form of development within the open countryside that would have seriously detracted from the character and appearance of the Horton Conservation Area and the natural beauty of Gower AONB. Furthermore the applicant failed to demonstrate that the proposal would not have an adverse impact on protected species.

The proposed building predominately differs from the previous refusal in that it has been reduced in height, size and scale. The proposal incorporates on the lower ground floor storage, workshop, buggy store and dead work room. On the upper ground floor it incorporates gas bottle storage, cellar, office, reception and lobby. The flat at first floor level incorporates 2 no. bedrooms, one en-suite, balcony, kitchen, living room, and bathroom and has been identified by the agent as being for use of the owner and his disabled wife.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 10 (CONT’D) APPLICATION NO. 2008/0951

Whilst, the site lies within the Horton Conservation Area, with the proposed building in close proximity to the periphery of the village built form, it is clearly outside the settlement boundary of Horton. The proposed building is therefore situated within open countryside and the site occupies a raised position in the landscape.

Whilst the applicant’s agent maintains that the proposal would provide improvements to the site with the building replacing a dilapidated structure, it is considered that in terms of its overall siting, design and relationship with the existing surrounding area, this building will resemble a residential property, and as such should be considered on its merits in the context of the impact upon the Horton Conservation Area and Gower AONB.

The main issues for consideration, in this instance, therefore are whether there is suitable justification for the proposed development at this location, the impact upon the Gower AONB, the character and appearance of the Horton Conservation Area, and the impact upon the amenities of neighbouring residents. This is having regard to the prevailing policies of the Development Plan, and recent National Planning Policy Guidance provided by Planning Policy Wales 2002. There are considered to be no additional issues arising from the provisions of the Human Rights Act.

In light of the above, the extant local development plan policies that are pertinent to this application are Policies C1, C5 and H3 (iv) of the Structure Plan Review No.2, Policies CL1, CL3 and V1 of the Swansea Local Plan Review No. 1 and Policies EV22, EV26 and EV20 of the UDP. These policies presume against any new development in the open countryside of Gower except in exceptional circumstances where it can be demonstrated that it is an appropriate development associated with nature conservation, rural recreation and tourism or other appropriate justification. As this proposal relates to the improvement of an existing site, Policies RT1 and RT2 of the Swansea Local Plan Review No1 and Policies EC17 and EC21 of the UDP are considered relevant, as they seek to promote developments that are in unobtrusive locations and are in keeping with the scale, nature and character of the area, within which they are situated. Swansea Local Plan Policy GZ1 provides a detailed area policy for Horton that recognises that whilst the area will continue to be a major recreation and tourism focus. It is identified that any development should be used to enhance the visual quality of the location.

Moreover, as the application site is in a Conservation Area, Policy BE17 of the Swansea Local Plan and Policy EV9 of the UDP are appropriately applied, which strictly encourages the acceptability of development proposals that will preserve and enhance the character and appearance of the Conservation Area. In addition, Policy TRS19 applies as it identifies the requirements for recreational and tourism facilities to meet the needs of people with disabilities.

These policies are reinforced by Planning Policy Wales 2002, which states that within AONBs, the primary objective of this designation is the preservation of the natural beauty of this area, and development control decisions affecting the AONB should respect this by considering the importance of traditional and local distinctiveness. Proposed development needs to respect and enhance where possible the environment through location, scale, and design. In addition Technical Advice Note (Wales) 12: Design, emphasises that the “visual appearance of proposed development, its scale and its relationship to its surroundings are material planning considerations in determining planning applications”.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 ITEM 10 (CONT’D) APPLICATION NO. 2008/0951

Whilst it is acknowledged that the building has been positively reduced in size and furthermore it is accepted that the existing buildings are in a poor state of repair and need to be replaced, the siting of the proposed building together with its scale, design and appearance is not considered to be appropriate in this location and therefore would cause a detrimental impact upon the character and appearance of the Conservation Area and the Gower AONB. The proposal does not assimilate into the landscape of the village or the Conservation Area and furthermore the land in question is considered to be within the open countryside and no over riding justification for its location, scale and design has been demonstrated. This is fundamentally contrary to prevailing development plan policies with no other overriding material considerations.

Notwithstanding this, turning to the effect on residential amenity, it is considered that given the sites positioning at a higher level than the neighbouring dwellings coupled with the separation distances that the proposed works will not give rise to unacceptable overbearing, overshadowing or overlooking and as such the residential amenities of the neighbouring dwellings can be maintained.

Whilst it is not disputed the replacement of the existing building would be both beneficial to the existing caravan site, Conservation Area and wider AONB, the application cannot be supported in its current form. Furthermore the appellants supporting statement states that the new dwelling is required because of increasing visitor numbers, the fact the appellant’s wife is disabled and the fact the two existing flats and dwelling on the site are currently occupied by employees and directors of the site. These are not, however, considered sufficient reasons or justification to warrant the creation of a new residential unit in the open countryside of the Gower AONB.

Having consulted with the Head of Transportation and Engineering it is considered that this proposal is unlikely to have any highway safety or parking implications. As such there are no highway objections.

Finally, the Nature Conservation Section have requested that a protected species survey be undertaken in relation to the outbuildings to be demolished and that mitigation plans be submitted should evidence of protected species be found. Given the overriding policy objections to the proposed scheme it was not considered appropriate to request a survey and as such no information has been submitted and therefore the proposal has not taken such species into account and as such is contrary to Local Plan Policy NE6.

It is important to note that the Gower Society objects to the scheme on the grounds of its size, height and impact upon the skyline. Reference is also made to the previous refusal and the design is not considered to be in sympathy with the Conservation Area and the wider AONB. These issues have been addressed above.

In conclusion, it is considered that the provision of a replacement building to provide cellar, workshop and reception area at this location may be acceptable if they were housed in a smaller single storey structure of a siting and design that was more in keeping with the surrounding area. Having regard to the above considerations, however, including the Human Rights Act, it is considered that there is no justification for the development of a two-storey building incorporating a residential unit at this location. The proposal would also result in the introduction of a visually obtrusive from of development that seriously detracts from the visual amenity and character of Horton Conservation Area and the natural beauty of Gower AONB. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 10 (CONT’D) APPLICATION NO. 2008/0951

Furthermore the proposal has not taken protected species into account and as such is contrary to Local Plan Policy NE6. As such it fails to comply with the requirements of Policies C1, C5, H3 (iv) of the West Glamorgan Structure Plan, Policies V1, CL1, CL3, BE1, BE17, GZ1, NE6, RT1 and RT2 of the Swansea Local Plan Review No. 1 and Policies EV20, EV22, EV26, EC17 and EC21 of the UDP. Refusal is therefore recommended.

RECOMMENDATION:

REFUSE, for the following reason(s):

1 The development would result in the introduction of a visually obtrusive and unjustified form of development within the open countryside that would seriously detract from the character and appearance of the Horton Conservation Area and the natural beauty of the Gower AONB. As such the proposal conflicts with the requirements of Policies C1, C5, H3 (iv) of the West Glamorgan Structure Plan, Policies V1, CL1 CL3, BE1, BE2, BE17, GZ1, RT1 and RT2 of the Swansea Local Plan Review No1 and Policies EV20, EV22, EV26, EC17 and EC21 of the UDP.

2 It has not been demonstrated that the proposal would not have an adverse impact on protected species, contrary to Policy NE6 of the Swansea Local Plan Review No. 1.

3 Approval of this application would set an undesirable precedent for the consideration of similar applications within the countryside, the cumulative affect of which would be the unacceptable erosion of the natural beauty and character of the open countryside in Gower AONB contrary to Policies C1, C5, H3 (iv) of the West Glamorgan Structure Plan, Policies V1, CL1, CL3, BE1, BE2, BE17, GZ1, RT1 and RT2 of the Swansea Local Plan Review No. 1 and Policies EV20, EV22, EV26, EC17 and EC21 of the UDP.

INFORMATIVES

1 The development plan covering the City & County of Swansea is the West Glamorgan Structure Plan (Review No. 2), the Swansea Local Plan (Review No.1), the Southern Lliw Valley Local Plan, & the Northern Lliw Valley Local Plan. The following policies were relevant to the consideration of this application (C1, C5, H3 (iv) of the West Glamorgan Structure Plan, Policies V1, CL1, CL3, BE1, BE2, BE17, GZ1, NE6, RT1 and RT2 of the Swansea Local Plan Review No. 1 and Policies EV20, EV22, EV26, EC17 and EC21 of the UDP).

PLANS

Site location plan, BBA 366.P.03 Existing plan and elevations: Received 6th May 2008. Amended plans BBA366,P.02A - proposed site plan, BBA366.P.03A - proposed plans and elevations received 4th July 2008

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 2 APPLICATION NO. 2007/1826 WARD: Area 2 Gower

Location: Byways, Lunnon, Swansea SA3 2EJ Proposal: Demolition of existing bungalow and construction of detached dwelling, and extension of residential curtilage (outline) (Details of design, siting, external appearance and access) Applicant: Mrs G M Morgan

BACKGROUND INFORMATION a. Relevant Planning Policies

National Planning Guidance

Planning Policy Wales 2002

West Glamorgan Structure Plan Review No. 2:

Policy C1 Environment and natural beauty of the countryside will be protected for its own sake. Within Gower AONB protection of natural beauty will be the primary objective.

Policy C5 Development will not be permitted in the open countryside except where essential for the rural economy, or in specific defined circumstances.

Swansea Local Plan Review No. 1:

Policy V1 Restriction of development within the open countryside.

Policy V2 Replacement dwellings in the open countryside.

Policy V3 Small villages policy within Gower Area of Outstanding Natural Beauty.

Policy CL1 The countryside will be protected for its own sake, and conserved and enhanced through the control of development, conservation measures, practical management and improvement initiatives.

Policy CL3 Primary objectives in Gower AONB and heritage coast will be protection and enhancement of its natural beauty.

Policy NE6 Need to take account of any species protected by law.

ITEM 2 (CONT’D) APPLICATION NO. 2007/1826 AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

Swansea Unitary Development Plan (Post-Inquiry Modifications) (April 2008)

Policy EV19 Replacement dwellings in the countryside.

Policy EV22 Countryside General Policy

Policy EV26 Protection of the Gower AONB b. Relevant Planning History

78/0109 Additions alterations and additions to dwelling. Granted April 1978

82/0807 Extension to bungalow and a car port. Granted September 1982

84/0352 Erection of garage in lieu of carport. Granted April 1984

2002/0432 Detached dwelling house (outline). Refused August 2002. Appeal Dismissed

2007/1829 Demolition of existing bungalow and construction of 5 detached dwelling (outline). Refused 6th November 2007 c. Response to Consultations

The application was advertised on site as a Departure from the Development Plan and two neighbouring properties were individually consulted. A PETITION OF OBJECTION (submitted in three parts) has been received with a total of 70 signatures (8 of which appear to have been signed on another’s behalf) & stating the following:

We object to the demolition of Byways and construction of a detached dwelling for the following reasons:-

1. Gower is an area of outstanding natural beauty, Lunnon is one of the few undeveloped villages remaining.

2. Byways is a traditional bungalow of sound construction and has been well maintained by all previous owners. It is not in need of demolition.

3. Byways is set in a small garden of a size proportionate to the bungalow. A larger house would alter the character of the whole property.

4. Byways has become a familiar landmark by virtue of its position in the village and its connection with well respected residents. It forms part of the character and history of Lunnon. ITEM 2 (CONT’D) APPLICATION NO. 2007/1826

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 5. The owner of the property and land has already breached the hedgerow regulation by destroying an old hedgerow and wall in order to erect a very wide gateway without planning permission.

6. Repeated requests by the Principal Planning Officer (Trees) to reinstate the hedge and replant dead saplings have been ignored.

7. The owner of the property has extended the garden around the bungalow into the surrounding agricultural land twice without planning permission.

FIVE INDIVIDUAL LETTERS OF OBJECTION have been received and can be summarised as follows:

1. Applicant has already contravened hedgerow regulations by creating a wide gateway and as failed to comply with the notice that he must plant new hedgerow trees.

2. Boundary fence of Byways has been moved into the adjacent agricultural land.

3. More than half of the land to be used is good quality agricultural land used for grazing and hay.

4. We object to the newly constructed dwelling being situated on a new site in the same plot. This would significantly change the existing landscape from many vantage points.

5. Byways has become a familiar landmark by virtue of its position in the village. Any replacement should be sympathetic to the existing rural community and remain located on its original site.

6. The bungalow is of sound construction.

7. The properties on Gower are all transforming into large executive dwellings spoiling the character and quaintness of the area.

8. The owner of the property originally applied for planning to build an executive dwelling in his adjoining field, which he was refused as it was agricultural land.

9. The road linking north and south Gower roads has become so much busier in the past few years.

10. No justification for demolishing the bungalow in order to build another large modern property which is out of keeping with the essential character of the village.

11. The existing driveway is steep but was used by the previous owner into his 80’s without problem.

12. The new access provides no greater safety than did the old one. ITEM 2 (CONT’D) APPLICATION NO. 2007/1826

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 13. The proposal to demolish an existing small bungalow of traditional character and sound construction in favour of building a larger dwelling whose footprint will be remote from the original and cover twice the area and replace good agricultural land.

Gower Society – We have the following comments to make 1. We believe that the current trend for demolition of smaller dwellings, with the subsequent erection of larger ‘executive’ houses is not in the best interests of the AONB.

2. For some time, we have been concerned about the rather flamboyant gateway that was constructed into agricultural land; we now can see why this was carried out. The use of agricultural land for access purposes must be resisted; there is plenty of space for access to the property within the plot.

3. Any over-intensification of this village should be resisted.

We object to his proposal as it stands.

Ilston Community Council The Council would object to this application on the following grounds:

1. The application for a replacement dwelling should not be considered in “outline” without the benefit of detailed drawings.

2. The applicant proposes using an agricultural access and agricultural land for access to the new property. The existing access to Byways is perfectly adequate.

3. The developer has incorporated areas of the adjoining field into the curtilage of the Byways. He has previously claimed that at least part of this is now an orchard, therefore agricultural use, but the application does not show at question 12 that trees will have to be removed.

4. If approved, it would send out a clear message that developers can get away with destroying hedgerows, moving field boundaries and effecting change of use by stealth.

Highway Observations - This proposal is to demolish the existing bungalow and erect a replacement dwelling. The existing access is to be blocked off and an adjacent field access used instead. The standard of the existing field access is suitable for accessing the replacement dwelling and providing access to the adjacent field as it conforms with the accepted stand for access in Gower. There is sufficient room within the application site to accommodate satisfactory parking and turning facilities.

I recommend therefore that no highway objections are raised

Glamorgan Gwent Archaeological Trust – No objection

ITEM 2 (CONT’D) APPLICATION NO. 2007/1826

Amended Plans AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

One further letter of objection reiterating previous concerns and stating that;

1. The new dwelling is to be built on agricultural land outside the Byways boundary and remote from the site of Byways bungalow.

2. The Byways boundary shown on the plan is incorrect, the true boundary having been obliterated when the hedge was grubbed up and the land ploughed to remove all traces.

The Gower Society The Gower Society wishes the comments expressed in its letter of 7th September to remain. There is nothing in the amendments to alter our huge concern at this proposed development. If a larger dwelling is required, then we suggest that the present bungalow be extended. The Gower Society objects to this proposed and unnecessary use of agricultural land for installing an access.

Ilston Community Council The Council objects to his application on the grounds that the construction of a detached dwelling, extension of residential curtilage and new access drive is encroaching on agricultural land which contravenes planning regulations.

Amended Plans

Four further letters of OBJECTION reiterating previous concerns.

Gower Society

Reiterate previous objection and states that “there is nothing in this amendment to alter our position on this development which will do nothing to improve the setting and ambience of the village of Lunnon and of the AONB in particular”.

Ilston Community Council

Object on the following grounds: -

1. The developer is still incorporating an area of the adjoining Field No: 5274 into the curtilage of Byways, which represents development in the open countryside. This contravenes planning policies.

2. The proposed dwelling would be visually intrusive and out of scale in comparison with the existing bungalow, which is far from being in need of demolition.

3. Approval of this application would set an undesirable precedent that other developers could get away with destroying hedgerows (the original boundary hedge of Byways), moving field boundaries, and effecting change of use by stealth.

The Council remains of the opinion that this application should not be considered in “outline” without the benefit of detailed drawings, given that there is still local objection. ITEM 2 (CONT’D) APPLICATION NO. 2007/1826

Current Scheme

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 17 letters received, objecting for the following reasons: -

1) The proposed dwelling is oversized for the village and if properties like this are built in the Gower AONB the beauty of the area will soon disappear. 2) The owners of the property have already extended the garden of the existing bungalow into the field and have made a very large unnecessary gateway which destroyed a considerable area of hedgerow. I understand that planning permission was not asked for in either of these instances. 3) This application should be rejected for the following reasons: - the design and scale are visually intrusive and will have an urbanising effect completely out of scale with the existing bungalow. - it would represent an unjustified development intruding on open countryside which would be detrimental to the character and appearance of the Gower AONB. - the site established captures an area of the agricultural field No. 5274 where there is no overriding agricultural or social need and the planning department must ensure that the area already captured by boundary change is returned to agricultural use. Unless this happens a precedent will be set allowing other landowners in the village to copy this activity and planners will have no grounds for preventing complete urbanisation. - the scheme is clearly in contravention of Policies C1; C5; C6 and H3(iv) of the West Glamorgan structure Plan Review No. 2 and Policies V1; V2; V3 and CL3 of the Swansea Local Plan Review No. 2 and Policy EV19 of the Swansea Unitary Development Plan (Pre-Inquiry Modifications).

6 further letters of objection reiterating previous concerns and objecting on the following grounds: -

- this is a large detached executive style suburban house, which does not relate to the scale of the existing bungalo9w and would be out of keeping with the rural character of the area and character and appearance of the Gower AONB. - loss of agricultural land. - unjustified development in the open countryside. - urbanising form of ribbon development. - approval of the application would set a precedent

Gower Society

Reiterates previous objections and state: -

This replacement of a bungalow by a huge house which almost fills its plot shows overdevelopment of the site. It is a totally unsympathetic structure in this rural location. That there have already been unsympathetic structures allowed in this village is no reason to compound its despoliation. Lunnon is a very small village to allow this huge dwelling close to its outskirts would have a severe detrimental impact on the appearance of this lane leading to the north of the village.

The Gower Society wishes to continue to object to this amended application. ITEM 2 (CONT’D) APPLICATION NO. 2007/1826

Ilston Community Council

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 Object and state the follows: -

This Council is pleased to note that the amended plans show development is now proposed on the site of the existing bungalow, utilising the existing access.

However, the developer is still incorporating an area of the adjoining field No. 5274 into the curtilage of Byways, which represents development in the open countryside. This contravenes Planning Policies C1, C5 and C6 of the West Glamorgan Structure Plan Review No. 2 and Policies CL1, CL3, V1, V2 and V3 of the Swansea Local Plan Review No. 1.

The detailed plans which have now been submitted highlight the significant increase in size with comparison to the existing bungalow. The Council therefore feels the sheer size of this development would have detrimental visual impact in this sensitive area.

Highway Observations - The applicant now indicates reuse of the existing access. This is acceptable and I have no highway objections to raise. d. Applicant’s Access & Design Statement.

Use and Size of Development The proposals are for a single house of 382m2 to provide a home for Mr & Mrs Morgan, their 2 sons and Mrs Morgan’s disabled brother.

The area of the site is 954m2 , therefore ratio of house area and garden area is below 0.4 therefore respecting the rural position of the site by avoiding over development and retaining large gardens to the front and rear.

Layout The proposed house is positioned close to where the existing bungalow is located with the existing vehicular access retained.

Scale The existing houses within Lunnon are predominantly two storey and the proposal continues this precedent. The area of the house has arisen from the needs of the proposed clients and although generous is similar to the existing houses in Lunnon, for example Ashgrove (next door) at 350m2, House A, House B and House C. (See attached annotated OS Plan).

Landscaping and Access The mature hedge between this site and Ashgrove next door is to be retained with the benefit of additional new earth bank and planting to provide screening to the south boundary.

Most of the grounds are to be retained as grass with gravel drive and turning area with paths in stone paving. Due to the relatively flat nature of the site all paths are to have a maximum gradient of 1:20 and entrance doorways are to be detailed with flush thresholds to allow full wheelchair access to the house and gardens.

ITEM 2 (CONT’D) APPLICATION NO. 2007/1826

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 There are bus services linking Lunnon to Gower and Swansea on the and if private cars are to be used there are at least four parking spaces and turning area provided on the site allowing safe forward access onto the road.

Appearance Due to the eclectic mix of styles already present in Lunnon there is no overriding style or appearance type to follow. The oldest part of Lunnon, around the loose ‘square’ formed by buildings adjacent to Lunnon Farm, Sunnyside Farm and Big House Farm have a traditional agricultural appearance which is enhanced by the ‘courtyard’ layout. But there is also evidence of another important and aesthetically pleasing Gower architectural style, that of the late 19th century and early 20th century when grander houses were built for Swansea merchants and professionals.

As the proposed development is a single dwelling on a site which is much deeper than its width, we feel that if the ‘farmhouse’ style was chosen then the development would be out of place and lack integrity for a number of reasons.

Firstly the house will have no link to agriculture and farming and would not need associated outbuildings. Also as the site is longer than it is wide there will be no space for outbuildings adjacent to the house. If the ‘farmhouse’ style was chosen the new house would be standing alone without any outbuildings which almost always accompany farmhouse around Gower and which form the farmyard/courtyard appearance and help to integrate these traditional houses within the landscape.

Therefore any development based on this building form will fail to mirror the traditional farmhouse form of Gower. Therefore we feel that a ‘farmhouse’ style would not improve integration of the new house into the village and area, but rather make the proposed house standout as a pastiche of a farmhouse.

Therefore it was felt that the second building type/style, noted above, would be more appropriate to influence the appearance of the new house, a choice, reinforced by the client being a Swansea businessman not a farmer.

APPRAISAL:

This application is reported to Committee for decision at the request of Councillor Richard Lewis.

Outline planning permission is sought for the demolition of the existing bungalow known as Byways and the construction of a detached dwelling together with the change of use of part of the adjacent field to accommodate the siting of part of the proposed dwelling and to provide an extension to the residential curtilage. A detached double garage is also proposed to the rear of the dwelling. Details relating to the siting, design, external appearance and means of access have been requested from the developer to assist in the consideration of the application, with details of landscaping being reserved for subsequent approval.

The application site is situated within the Gower Area of Outstanding Natural Beauty. The existing bungalow occupies a modest plot, bounded by field 5274 to the south and the adjoining dwelling known as Ashgrove to the north. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 2 (CONT’D) APPLICATION NO. 2007/1826

Historically, the extent of the residential curtilage of Byways was clearly defined by a mature hedgerow sited between approximately 3.0 metres from the side elevation of the existing bungalow. This hedgerow which defined the common boundary with field 5274 has been removed and a post and wire fence has been erected within the field.

The proposed dwelling is a substantial two story building, having an ‘H’ shaped footprint of some 193m2. The design incorporates two front gables which will rise to 5.2m at eaves height and 8.4m to ridge. The dwelling has a frontage of approximately 15.9m with a maximum depth of some 12.5m and would be sited a maximum of some 17m back from the roadway. The palate of materials to be used includes a face brick plinth, light coloured render to the walls, and re-constituted roof slates.

The proposed double garage will be sited to the rear of the dwelling and set back in the plot by approximately 41 metres. It will incorporate a front gable some 7.5 metres wide, which will accommodate two garage doors, with a depth of some 6.6 metres. The roof will incorporate an eaves height of some 2.3m and a ridge of approximately 5.6m. External materials will match that of the main dwelling comprising of face brick for the plinth with render above and Redland Cambrian imitation slate for the roof.

The justification for the dwelling’s design is given in the applicant’s design statement reproduced above.

The existing residential curtilage of Byways is roughly rectangular in shape having a maximum width of approximately 14.5m and maximum length of 56m. The common boundary with the adjoining dwelling ‘Ashgrove’ is defined by a mature hedgerow. The existing bungalow would be demolished and replaced by the proposed new dwelling. Access will be gained via the existing access. The proposed dwelling would be significantly larger than the existing dwelling and the residential curtilage would increase to a maximum width of approximately 21.8m and will extend to a maximum length of approximately 56m.

The main considerations in this instance are the acceptability of the proposal having regard to the terms of adopted development plan policies including its impact on the character and appearance of this part of the Gower Area of Outstanding Natural Beauty and the village of Lunnon. The principal development plan policies against which the application needs to be considered are West Glamorgan Structure Plan Policies C1, C5, Swansea Local Plan Review Policies CL1, CL3, V1, V2, V3 and NE6 and Policies EV19, and EV22 & EV26 of the Swansea UDP (PIM’s). Structure Plan Policy C1 seeks to protect the environment and natural beauty of the countryside for its own sake and establishes that within the Gower Area of Outstanding Natural Beauty the protection of natural beauty will be the primary objective. Policy C5 restricts development in the open countryside except in specific defined circumstances. In line with the above countryside protection objectives, Swansea Local Plan Policies CL1 and CL3 reinforce Structure Plan Policy C1, and identify the protection and enhancement of the natural beauty as the primary policy objective for the Gower Area of Outstanding Natural Beauty. Local Plan Policy V3 identifies Lunnon as a small village and seeks to ensure that development is appropriate to its location, particularly in terms of siting, scale, design and relationship with adjacent buildings and space. In particular progressive ‘infill’ by capturing surrounding countryside through extending the built up area and by the extension of residential curtilages should be resisted. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 ITEM 2 (CONT’D) APPLICATION NO. 2007/1826

Policy V2 of the Swansea Local Plan Review No. 1 states that replacement dwellings in the open countryside will be required to be of the highest quality in terms of design and external appearance and to relate satisfactorily to the existing property in terms of scale and massing. This is reinforced by the requirements of Policy EV19 of the UDP (PIM’s).

In appraising the proposal against the Council’s policies, the context and intrinsic merits of the scheme need to be assessed, and to what extent the incorporation of additional land into the residential curtilage is justified in terms of achieving a desirable outcome that preserves and enhances the AONB and the village.

Lunnon is a small Gower village. In terms of its overall character and appearance, the settlement has changed significantly in recent years, but remains predominantly rural due to the markedly dispersed form of development, and the close relationship with the adjoining countryside which wraps around the established buildings. Not only do these spaces act as important visual breaks in the overall form of the settlement but they represent an intrinsic part of the special character and form of this rural village. Although there are examples of unsympathetic design and alterations in the village, the traditional character of the village is still discernable – e.g. small/medium scale dwellings with simple flat front elevations, steep pitch roof, vertical window proportions, front door emphasis and to the side and rear elevations there are a variety of subservient elements.

The application site is slightly separate from the village, sitting alongside Ashgrove which is an extended two storey Victorian property set in a large plot which still retains its rural character and is well softened by existing vegetation. The site is highly prominent from the lane running past the site, plus is visible in the wider landscape.

The existing bungalow bears no relationship to the Gower rural character, however the single storey scale and small footprint ensures that it does not dominate its context.

The existing access point and hedge on top of the bank alongside the lane are to be retained and the new southern boundary would be defined by a traditional banked hedge.

A significant amount of time has been spent trying to negotiate with the applicant to try to balance their spatial requirements with the issues of character, massing and scale. Whilst the scheme has been revised to have a separate garage to the rear and the house has been moved towards the front of the plot to reduce overshadowing of Ashgrove, there are still significant design concerns.

The overall design tries to reflect traditional characteristics of dwellings found in the Gower with a steeply pitched roof, rendered walls and windows with vertical emphasis, however the proposed footprint is 193m2, which approximately double the existing bungalow (99.5m2). The increase in footprint is only possible through the incorporation of adjacent agricultural land and even then the proposed dwelling still dominates the width of the plot. In addition there is the issue of a two storey dwelling in place of a bungalow on a prominent site separate from the village.

In an attempt to break up the 16.7m wide front elevation, a pair of projecting gables are proposed on the front and rear elevations. However, the appropriateness of this double gable approach (which is often seen in suburban areas) is questioned as generally dwellings in the Gower have simple flat front elevations with a variety of subservient elements to the side and rear. The applicant has not justified the double gables. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 ITEM 2 (CONT’D) APPLICATION NO. 2007/1826

The combination of footprint, height, massing and external appearance mean that the proposed house at Byways would dominate its plot and the surrounding context, plus it would be out of scale and character with traditional rural buildings in the village and those found throughout the Gower. Additionally the proposed unjustified extension into the open countryside would set a precedent for the capture of agricultural land in other instances and lead to further proposals for larger replacement dwellings to the detriment of an areas rural character.

In this last respect it is considered that the following Appeal decision is relevant. The refusal and subsequent dismissal at Appeal in 2002 for the erection of a detached dwelling (Ref: 2002/0432) at Land adjacent to Highlands and Little Lunnon Farm, Lunnon which comprises the eastern corner of the field adjacent to Highlands. With regard to the appeal decision in 2002, the Planning Inspector opined that notwithstanding that the scale and design of the dwelling would be satisfactory ‘…the position of the proposed dwelling in the context of the village is however, not acceptable since it would be seen as protruding into the surrounding countryside’. The Inspector went on to conclude that ‘the proposal has merit in respect of the gateway impression it would create at the northern approach to the village but this is outweighed by its damaging consequences for the views out of the village and its detrimental effect upon the concomitant character, visual quality and natural beauty of the AONB’.

The construction of a substantially larger dwelling than the current bungalow, on an increased curtilage, would cause the development to have a significant visual impact on the site and the surrounding rural landscape contrary to Policies C1, & C5 of the West Glamorgan Structure Plan Review No. 2 and Policies V1, V2, V3, CL1, and CL3 of the Swansea Local Plan Review No. 1 and Policy EV19 of the Swansea Unitary Development Plan (Post Inquiry Modifications).

In terms of residential amenity the proposal is unlikely to have a massing/overshadowing impact on the neighbouring dwelling. However, it is considered that the siting of the dwelling would detract from the visual amenities currently enjoyed by the occupants of the neighbouring property. Additionally, the proposed dwelling would appear as a visually intrusive new building in the landscape, that will visually detract from the established character of the surrounding area and the uninterrupted views to the land beyond and the larger landscape. The proposal is therefore contrary to Policies C1, & C5 of the West Glamorgan Structure Plan Review No. 2 and Policies V1, V2, V3, CL1, & CL3 of the Swansea Local Plan Review No. 1.

With regard to the traffic movements associated with the proposal, the standard of the existing access is suitable for accessing the replacement dwelling and conforms with the generally accepted standard for accesses in Gower. There is also sufficient room within the application site to accommodate satisfactory parking and turning facilities. As such the Head of Transportation and Engineering raises no highway objection to the proposal.

Finally, the Nature Conservation Section requested that a protected species survey be undertaken in relation to the dwelling to be demolished and that mitigation plans be submitted should evidence of protected species be found. An appropriate survey has been submitted which indicates that it is unlikely that bats use the existing building. As such it is considered that the proposal meets with the provisions of relevant Local Plan Policy.

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 ITEM 2 (CONT’D) APPLICATION NO. 2007/1826

A petition and letters of objection have been received raising concerns with regard to the highway safety, the character of the area, protection of the Gower AONB, the precedence that will be set for other applications on agricultural land, encroachment into agricultural land, unjustified development, removal of hedgerows and urbanisation. Most of these issues have been addressed in the main body of the report. However, it is stated that no hedgerow replacement notices were served on the applicant; and that the original access point was reinstated voluntarily in consultation with the Council. Neither the original access or its replacement with an access to the adjacent field fall within the current application site or are material to the determination of this application. Turning to the issue of the extension of the curtilage, confusion has arisen in part from the applicant having fenced off part of the adjacent field to form an orchard. This land is not part of the application site, and it is open to the applicant to seek a lawful development certificate in relation to its continued use for agriculture/horticulture. However, a strip of land has been incorporated into the curtilage of Byways, and this land is part of the application site and permission for its use as part of the curtilage of the proposed dwelling is sought. The planning merits of this are considered above.

In conclusion, it is considered that the application should be refused on the grounds that the proposed development would appear as a visually intrusive form of development which fails to respect the scale, form, proportions and appearance of the existing dwelling. In addition, the proposed dwelling’s size and footprint require that part of the countryside is ‘captured’ to enable its development. Additionally, the design of the building is not considered to have due regard to the rural character of Gower and would thus detract from the natural beauty of this part of the Gower AONB and the wider views from the elevated land to the west.

In addition it is considered that allowing this development would set a precedent for the consideration of other applications of a similar nature on edge of settlement sites in this part of Lunnon, the cumulative effect of which would be a further degradation of the character and natural beauty of this part of the Gower AONB.

As such, the proposal is considered to breach Structure Plan Policies C1, & C5; Local Plan Review Policies CL1, CL3, V1, V2, & V3 and Policies EV19, EV22 & EV26 of the Swansea Unitary Development Plan (Post-Inquiry Modifications).

Refusal is therefore recommended.

RECOMMENDATION:

REFUSE for the following reasons:

1 The proposed dwelling, by virtue of its siting, scale and design would appear as a visually intrusive form of development which does not relate to the scale of the existing bungalow and represents unjustified development in the open countryside which would be detrimental to the character and appearance of the area and of the Gower AONB contrary to the provisions of Policies C1 & C5 of the West Glamorgan Structure Plan Review No.2 and Policies CL1, CL3, V1, V2, & V3 of the Swansea Local Plan Review No.2 and Policy EV19, EV22 & EV26 of the Swansea Unitary Development Plan (Post-Inquiry Modifications).

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 ITEM 2 (CONT’D) APPLICATION NO. 2007/1826

2 The proposed extension of Byways curtilage into field no. 5274 represents development in the open countryside which has not been justified in the interests of agriculture or to meet overriding economic or social need. The proposal therefore conflicts with the provisions of Policies C1 & C5 of the West Glamorgan Structure Plan Review No.1 and Policies CL1, CL3, V1, V2 and V3 of the Swansea Local Plan Review No. 1, and Policies EV19, EV22 & EV26 of the Swansea Unitary Development Plan (Post-Inquiry Modifications).

3 Approval of this application would set an undesirable precedent for the consideration of applications of a similar nature, the cumulative effect of which would give rise to an unacceptable erosion of the character of other small Gower settlements and the natural beauty of the Gower AONB, contrary to the provisions of Policies C1 & C5 of the West Glamorgan Structure Plan Review No.2 and Policies CL1, CL3, V1, V2, & V3 of the Swansea Local Plan Review No.2 and Policy EV19, EV22 & EV26 of the Swansea Unitary Development Plan (Post- Inquiry Modifications).

INFORMATIVES

1 The development plan covering the City & County of Swansea is the West Glamorgan Structure Plan (Review No. 2), the Swansea Local Plan (Review No.1), the Southern Lliw Valley Local Plan, & the Northern Lliw Valley Local Plan. The following policies were relevant to the consideration of this application: Policies C1 and C5 of the West Glamorgan Structure Plan (Review No.2), Policies V1, V2, V3, CL1, CL3 and NE6 of the Swansea Local Plan Review No.1 and Policies EV19, EV22 and EV26 of the Swansea UDP (Post-Inquiry Modifications) (April 2008).

PLANS

OP_1707_3 site plan and block plan received 15th February 2008, 01 site plan, 02 proposed floor plans, 03 proposed front & rear elevations, 04 proposed side elevations, 05 garage elevations & floor plan received 18th June 2008

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 17 APPLICATION NO. 2008/1410 WARD: Area 2 Fairwood

Location: 677 Gower Road, Upper Killay, Swansea, SA2 7HQ Proposal: Two storey rear extension and detached garage Applicant: Mrs G Morgan

BACKGROUND INFORMATION a. Relevant Planning Policies

Swansea Local Plan Review No. 1:

Policy H11 Criteria for Proposals to Alter and Extend Dwelling Houses.

Policy BE2 Development will only be approved where they have proper regard the amenities of the surrounding area. b. Relevant Planning History

2008/0669 Two storey rear extension, detached garage and provision of new access. REFUSED 12th May 2008.

c. Response to Consultations

Four neighbouring properties were individually consulted and the application was advertised by a site notice. ONE LETTER OF OBJECTION and ONE LETTER OF COMMENT have been received which can be summarised as follows;

Letter of Objection

1. I repeat my comments and concerns that relate to the previous application in April. Nothing has been substantially changed.

2. I am pleased that after 10 years something is being done to improve the property and the garden, hopefully it will provide suitable accommodation for the future, there have already been a number of developments in the village that has changed its character considerably and a number of the new developments remain unsold.

3. Due to medical conditions I have to be on a dedicated oxygen supply sometime up to 24 hours a day. This means I am unfortunately confined to my kitchen especially during the winter months. The two storey extension opposite my kitchen will block the only view I have. Loss of sunlight and my ‘right to light’. Concerned over the effect on health and quality of light.

4. The proposal for the provision of new access appears to have been made through to Fairwood Lane. Concern for wildlife.

5. Disregard of planning laws. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 ITEM 17 (CONT’D) APPLICATION NO. 2008/1410

6. The latest plans show I would only be able to see the sky if I stood in the window. Lack of consultation before work started.

Letter of Comment – Will large boundary trees be staying as they provide privacy.

Highway Observations - The application is for a two storey rear extension and detached garage. According to our adopted parking guidelines the area of the two storey rear extension requires 3 car parking spaces. A garage has been proposed for this dwelling and plans indicate that there is sufficient car parking and turning space the curtilage of the site. I recommend no highways objections be raised.

APPRAISAL

This application seeks full planning permission for a two storey rear extension and detached garage at 677 Gower Road, Upper Killay. The property is detached and situated in an established residential area. The proposal involves the removal of the existing single storey rear extension. The plans also show that a drive would extend to the proposed detached garage utilising the existing access from Gower Road.

An application for a two storey rear extension and garage was previously refused under application 2008/0669 on the grounds of impact upon visual and residential amenity. This application has been submitted in an attempt to address the previous reasons for refusal.

The main issues to be considered are the visual impact of the proposed development on the character and appearance of the dwelling and the surrounding area, and the impact on the residential amenity of the occupants of the neighbouring properties having regard to Policies BE2 and H11 of the Swansea Local Plan Review No.1 and Supplementary Planning Guidance – A Design Guide for Householder Development. It is not considered that the provisions of the Human Rights Act raise any other issues.

The property is sited forward of the building line of the immediate dwellings to the east and in particular the adjoining pair of semi-detached dwellings at 673 and 675 Gower Road. Consequently, whilst the proposed two storey extension would be sited at the rear of the property, it would be visible from the streetscene. The previous scheme 2008/0669 was refused on the grounds that its scale and design was out of keeping with the character and appearance of the existing dwelling. In an attempt to overcome these previous concerns the ridge height has been set down by approx. 0.9m from that of the main house and the eaves height has been reduced from 4.8m to approximately 4.2m. Overall, given that there are examples in the immediate vicinity of other large rear extensions, and the adjoining dwelling at No.679 has a substantial two storey extension and a single storey extension to the rear, it is considered that on balance, the reduction in the height of the proposed development is sufficient to overcome this reason for refusal and to comply with Policies H11 and BE2 of the Swansea Local Plan Review No.1.

In terms of the impact of the proposal on residential amenity, the previous application (Ref: 2008/0669) was also refused on grounds of the impact upon the occupier of No.679 Gower Road by virtue of overshadowing and overbearing visual impact, particularly in respect of the affect upon a window in the side elevation facing the application property providing light to the kitchen of this dwelling. AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 17 (CONT’D) APPLICATION NO. 2008/1410

However, the reduction in the ridge and eaves height, combined with the separation distance from the boundary with the neighbouring dwelling at No.679 which complies with the requirements of the Design Guide for Householder Development, has reduced the impact on the residential amenity of the occupiers of this property and on balance, it is not considered that the proposal would have an overbearing or overshadowing impact sufficient to warrant a recommendation of refusal in this instance. On balance the proposal therefore complies with Policies H11 and BE2 of the Swansea Local Plan Review No.1.

It is not considered that the proposed development would give rise to any significant unacceptable overlooking impact over and above that currently experienced. The first floor windows on the rear elevation would be orientated towards the rear of the site replicating the existing situation and the proposed first floor window to the side elevation facing No.675 Gower Road would serve a bathroom and as such are obscure glazed. A condition is included in this respect.

The proposed detached garage by virtue of its scale and siting does not it is considered raise any residential concerns in this instance.

Turning to issues of access and highway safety the proposal is for a two storey rear extension and detached garage. According to our adopted parking guidelines the area of the two storey rear extension requires 3 car parking spaces. A garage has been proposed for this dwelling and plans indicate that there is sufficient car parking and turning space the curtilage of the site. The Head of Transportation and Engineering raises no highway objection to the proposal.

Notwithstanding the above, one letter of objection has been received from a neighbouring resident regarding a range of issues. The issues regarding the impacts upon the residential/visual amenities and highway safety/access issues have been addressed above. Whilst noted, concern relating to loss of view and the number of properties unsold in the area are not material planning considerations in the determination of this application. The concerns relating to loss of hedgerow, wildlife and conservation, have been noted however there are no protection orders on any hedges, trees or shrubs within the garden area and wildlife is protected under separate legislation.

In conclusion therefore, and having regard to all material considerations including the Human Rights Act, the proposal is considered to be an acceptable form of development that would accord with Policies H11 and BE2 of the Swansea Local Plan (Review No.1.). Approval is therefore recommended.

RECOMMENDATION

APPROVE subject to the following conditions; AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008

ITEM 17 (CONT’D) APPLICATION NO. 2008/1410

1 The development shall be commenced not later than the expiration of 5 years from the date of this planning permission and shall be completed in accordance with the said application plans and conditions prior to any part thereof being brought into beneficial use, unless otherwise agreed in writing by the Local Planning Authority. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990 and to ensure that the development is completed in accordance with the plans approved by the City and County of Swansea, and so avoid any detriment to amenity or public safety by works remaining uncompleted.

2 The first floor bathroom windows in the side elevation facing No. 675 Gower Road as indicated on Plan No: 05A shall be obscure glazed, and unopenable except for a fan light and shall be retained as such unless otherwise agreed in writing with the Local Planning Authority. Reason: To safeguard the privacy of the occupiers of neighbouring residential properties.

INFORMATIVES

1 The development plan covering the City & County of Swansea is the West Glamorgan Structure Plan (Review No. 2), the Swansea Local Plan (Review No.1), the Southern Lliw Valley Local Plan, & the Northern Lliw Valley Local Plan. The following policies were relevant to the consideration of this application: Policies H11 and BE2 of the Swansea Local Plan (Review No.1.) and Supplementary Planning Guidance - A Design Guide for Householder Development.

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

3 It is an offence under the Wildlife & Countryside Act 1981 (as amended) to intentionally (intentionally or recklessly for Schedule 1 birds) to: - Kill, injure or take any wild bird - Take, damage or destroy the nest of any wild bird while that nest in use or being built - Take or destroy an egg of any wild bird You are advised that any clearance of trees, shrubs, scrub (including gorse and bramble) or empty buildings should not be undertaken during the bird nesting season, 1st March - 31st August and that such action may result in an offence being committed.

4 Bats may be present in this building. All British bat species are protected under Schedule 5 of the Wildlife & Countryside Act 1981 (as amended) and are listed in Schedule 2 of the Conservation (Natural Habitats & c.) Regulations 1994. This legislation implements the EC Habitats and Species Directive in the UK making it an offence to capture, kill or disturb a European Protected Species or to damage or destroy the breeding site or resting place of such an animal. If a bat is encountered during demolition, work should cease immediately and the Countryside Council for Wales informed (01792 634960).

AREA 2 DEVELOPMENT CONTROL COMMITTEE – 5TH AUGUST 2008 ITEM 17 (CONT’D) APPLICATION NO. 2008/1410

PLANS

Site location plan, 01 block plan, 02 existing floor plans, 04 existing elevations, 03A proposed floor plans, 05A proposed elevations, proposed garage plans received 18th June 2008

AREA 2 DEVELOPMENT CONTROL COMMITTEE

Councillors:

J E Burtonshaw K E Marsh V A Bates-Hughes P Matthews M C Child P N May A R A Clement(Non-Voting) P M Meara A C S Colburn J T Miles A M Day W K Morgan W Evans J Newbury E W Fitzgerald C L Philpott R Francis-Davies D Phillips (Non-Voting) N A Holley(Non-Voting) D Price P R Hood-Williams (Non–Voting) T H Rees D H James J C Richards W E A Jones G Seabourne D I E Jones R J Stanton J W Jones(Non-Voting) M Smith Mary H Jones P B Smith S M Jones R C Stewart A Jopling N J Tregoning J B Kelleher D W W Thomas R H Kinzett(Non-Voting) D P Tucker (Vice-Chairman) E T Kirchner S M Waller R D Lewis (Chairman)