170107 Planning Report.Pdf

MERTHYR TYDFIL COUNTY BOROUGH COUNCIL

DATE WRITTEN 10th January 2007 REPORT AUTHOR Norman Davies COMMITTEE Planning and Regulatory COMMITTEE DATE 17th January 2007

To: Chairman and Members of the Planning and Regulatory Committee to be held on Wednesday, 17th January 2007

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Report of the Director of Customer Corporate Services on applications received for determination and recommendation under the Town and Country Planning Act 1990 and Planning and Compensation Act 1991.

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LIST OF CONTENTS

1. Planning Applications for Committee Determination.

THE DURATION OF PLANNING PERMISSIONS

In addition to those conditions specifically noted on the reports contained within this Committee Agenda, all decision notices issued (unless expressly noted as being an exception to this practice) will include a condition relating to the duration of the permission.

These conditions are expressly imposed in accordance with Sections 91 and 92 of the Town and Country Planning Act 1990.

All applications will be granted subject to a standard condition which requires that the development approved must commence within five years of the date of the permission (unless the Local Planning Authority stipulates an alternative time period).

Outline planning permissions will be issued subject to a condition requiring “reserved matters” to be submitted within three years of the date of the outline permission. Works in relation to the development must commence within five years of the initial outline consent, or if later, the expiration of two years from the final approval of the “reserved matters” or, in the case of approval on different dates, the final approval of the last such matter to be approved.

PLEASE NOTE: All related planning application documents are available for inspection within the Town Planning Division, at Ground Floor, Ty Keir Hardie, during normal office hours.

1. PLANNING APPLICATIONS FOR COMMITTEE DETERMINATION

Application Location Proposed Development No.

P/06/0412 Land At 13 Cardiff Road And 1 Erection of two buildings comprising 16 To 3 Perrott Street Treharris flats

P/06/0447 Land To The South Of Heol Residential development Isaf, Ael-Y-Bryn And Bron Deg And To The West Of Maen Ganol Trelewis

P/06/0475 Land And Buildings At Junction Re-cladding of existing buildings. Of Chestnut Way And Poplar Erection of extensions, new roof, Way, Gurnos (Gurnos Shops) external stairwell and rear compounds to Merthyr Tydfil buildings. Conversion of existing flats to office accommodation. Conversion of existing shop to office. Creation of new car parks

P/06/0595 35 Sweetwater Park Trefechan Retention of decking and erection of Merthyr Tydfil CF48 2LF garden shed

P/06/0599 163 High Street Cefn Coed Erection of two storey and first floor rear Merthyr Tydfil CF48 2PH extension

P/06/0608 Former Council Depot Fell Erection of 2 No. detached dwellings and Street Treharris 4 No semi detached dwellings

P/06/0612 24 Calluna Close Dowlais Conversion of garage to living Merthyr Tydfil CF48 3HF accommodation, and erection of single storey and first floor extension to front of property

P/06/0617 Land At Brynffynon Captains Erection of 4 houses Hill Treharris Merthyr Tydfil

P/06/0633 Leisure Centre And Erection of new building comprising ten Surrounding Land Rhydycar pin bowling suite, 9 screen cinema and Merthyr Tydfil restaurant, and associated car parking and site infrastructure

P/06/0649 Brecon Road Infant School Erection of single storey extension Norman Terrace Merthyr Tydfil CF47 8SD

Application No. Date Determining Authority P/06/0412 7th August 2006 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Erection of two buildings Land At 13 Cardiff Road Merthyr Tydfil Housing comprising 16 flats And 1 To 3 Perrott Street Association Ltd Treharris c/o CFW Architects Ltd 6 North Road Cardiff CF10 3DU

APPLICATION DETAILS/SITE APPRAISAL

The application is detailed for the erection of two buildings comprising 16 flats. The development is located at the junction of Cardiff Road and Perrott Street and occupies a prominent position within the street scene.

It is intended to site the new development upon the footprint of the existing 2 / 2½ storey retail units fronting Cardiff Road and Perrott Street.

The proposed development will have a similar overall height, but the massing of the building is broken up into smaller component units.

The application proposes 16 no. flats, each having 2 no. bedrooms. Each flat would have an approximate floor area of 60m². Parking is proposed beneath the building fronting Perrott Street and in the courtyard at the rear of the buildings with vehicular access off Cardiff Road at the northeast of the site and pedestrian access off Cardiff Road at the northwest end of the site. No access to the individual flats is proposed from the courtyard area. Access will be from Cardiff Road and Perrott Street. An element of the existing dressed stonework is to be salvaged for the development. In addition to this, a blend of timber cladding, bricks and a coloured and white render is proposed for the materials.

The plot is surrounded by a number of traditional terraced properties which are on a consistent building line. The proposed development is contemporary in design compared with the surrounding buildings.

PLANNING HISTORY

Planning consent was granted in November 2002 for a built development comprising community enterprise/workshop areas, bakery, cyber café, 2 no. flats, community IT training areas, community hall, entrance foyer and toilets (ref: P/02/0248).

PUBLICITY

In accordance with the provisions of Article 8 of 1995 Town and Country Planning (General Development Procedure) Order the following publicity measures were undertaken: site notice; press notice and individual letters sent to occupants of adjoining buildings.

No written or other representations have been received.

CONSULTATION

• Head of Engineering – no objection to the proposal subject to conditions.

• Head of Environmental Health - no response

• Dwr Cymru Welsh Water - no objection subject to conditions and advisory notes.

• Environment Agency - standard advice applies.

• Western Power Distribution - no objection to the proposal.

• Wales and West Utilities - no objection to the proposal.

• Swalec - no response.

POLICY CONTEXT

Policy H2 of the Merthyr Tydfil Borough Local Plan states that Development proposals for housing within settlement boundaries on land not identified under Policy H1 will be permitted subject to consideration against the following criteria:

- The proposal does not have an unacceptable impact on the character and amenity of the immediate neighbourhood.

- The siting of the development is acceptable in relation to the design, scale, materials, and setting of the proposal.

- The proposal does not have an unacceptable impact on the character, amenity and landscape quality of the area, including the need to retain features of water, wildlife, nature conservation interests and historical interests identified during the assessment and design of the scheme.

- The proposal does not have an unacceptable impact on the rights of way network and other forms of public access to the countryside.

- The proposal does not conflict with transportation considerations including car parking, traffic generation, access and accessibility to public transport.

Policy H3 of the Mid Glamorgan (Merthyr Tydfil County Borough) Replacement Structure Plan 1991 – 2006 states that proposals for residential development on sites within settlement areas as defined in local plans will be permitted where this involves:

1. New residential development on derelict, undeveloped, potentially redundant or under used land where this does not conflict with uses identified in local plans.

2. The proposal is compatible with transportation considerations – including parking, traffic generation and access – the conservation of the environment and the maintenance of local amenity.

PLANNING CONSIDERATIONS

The proposed development is considered acceptable in planning terms. It complies with the provisions and policies of the relevant development plans. The structure, once built, will make a positive impact on the street scene with its contemporary design. Furthermore it will contribute to the regeneration of the Treharris area. The proposal would not appear out of character and thus would not have a material adverse effect upon the visual amenities of the area. Neither would it have a material adverse impact upon the amenities of neighbouring residents by way of loss of light or overbearing effect. Furthermore, the approved 2002 development was also modern in design terms. In addition, the Head of Engineering has stated that he has no objection to the proposals, subject to condition. Sixteen flats are proposed with 16 no. parking spaces to serve them. Whilst this does not meet the standard set by the 1993 South Wales Parking Guidelines, it is considered acceptable in this case as the proposal is a Housing Association development and lower levels of car ownership are expected. It is considered therefore that the proposal is acceptable from a highway safety point of view.

To this end, it is considered that the proposed development is acceptable and it is recommended that planning permission be granted subject to the following conditions.

RECOMMENDATION: BE APPROVED subject to the following CONDITIONS:

1. BEFORE construction works commence details/samples of all external finishes shall be submitted to and approved in writing by the Local Planning Authority and all works undertaken shall be completed in accordance with such approved details.

Reason - In the interest of visual amenity.

2. BEFORE construction works commence full details of any retaining wall which exceeds 1 metre in height which is necessitated by this development including structural calculations and facing materials shall be submitted to and approved in writing by the Local Planning Authority. All works subsequently carried out shall be undertaken in strict accordance with such approved details and shall be completed BEFORE the development hereby approved is brought into beneficial use.

Reason - To ensure the development meets current engineering requirements.

3. Details shall be submitted to the Local Planning Authority of proposed dustbin enclosures/drying areas/amenity areas. Such details as may be approved in writing shall be implemented in full prior to any part of the premises being brought into beneficial use and shall be kept available for such purposes at all times.

Reason - In the interest of visual and residential amenity.

4. No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping. Such details shall also be accompanied by a schedule of landscape maintenance for a minimum period of five years .

Reason - To ensure the development contributes towards the landscape quality and appearance of the site and surrounding area.

5. The landscaping scheme as approved shall be carried out in the first planting season following the occupation of the buildings or the completion of the development, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with other of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason - To ensure the landscaping scheme as approved is implemented and maintained in a satisfactory manner.

6. Any gates shall be located and fitted so as not to open onto the public highway.

Reason - In the interest of highway safety.

7. Visibility splays of 3 metres by 70 metres at the point(s) of access onto the public highway shall be provided before the commencement of the development and anything within the vision splay shall not exceed 0.9 metres in height.

Reason - In the interest of highway safety.

8. The driveway , courtyard and parking spaces illustrated on the drawings hereby approved shall be laid out at a gradient not exceeding 1 in 8 (12.5%) between any two points and shall be surfaced in tarmacadam, concrete or an alternative durable material, before any of the flats hereby approved are brought into beneficial use. Such parking spaces shall be made available for the purposes of vehicular parking at all times thereafter.

Reason - In the interest of highway safety.

INFORMATIVES

1. The Developer is advised to check and confirm the positions of all boundaries BEFORE construction works commence.

Any discrepancies or problems of interpretation of boundary lines shall be resolved amongst all interested parties BEFORE works commence.

Failure to comply with this information could lead to civil action being brought against the developer by aggrieved parties.

2. The developer shall obtain all other necessary consents BEFORE works commence including BUILDING REGULATION approval.

3. The applicant / developer is strongly advised to liaise with Hyder Consulting Ltd (Network Development Consultants - Southern, Tel 01443 331155) in relation to any connections to the public sewer and/or to any works which affect the line of or are in close proximity to existing public sewers.

4. The applicant/developer is advised to liaise with Merthyr Tydfil County Borough Council's Highways Division regarding any consents which are required in association with the provision of any vehicle cross over of verge or footway.

5. The necessary works for the build out on to the public highway will require a Section 278 Agreement (Highways Act 1980). Contact with MTCBC Highways Department is required in advance of siteworks commencing.

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Application No. Date Determining Authority P/06/0447 30th October 2006 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Residential development Land To The South Of NJW Developments Heol Isaf, Ael-Y-Bryn And Limited Bron Deg c/o Hyder Consulting Ltd And To The West Of HCL House Maen Ganol St. Mellons Business Park Trelewis Fortran Road Cardiff

APPLICATION SITE

This application relates to a site 5.1 hectares in size. The site is comprised of two rectangular shaped pieces of land, linked by an existing access road.

The smaller rectangular piece of land is approximately 105m wide and has a depth of 47m. This part of the site slopes steeply and lies adjacent and to the north of the property known as No 1 Brondeg.

The larger rectangular shaped piece of land is some 255m wide and an average of 330m deep. This part of the site lies to the west of Maen Ganol and to the south of properties within Ael-y-Bryn and Heol Isaf. This section of the site is split into three distinct sections. The upper (east) section of the part of the site is characterised by a slope which first falls steeply and then more gently downwards from Maen Ganol. The middle and main section constitutes a large open plateau. The land to the west of this plateau is characterised by a steep slope running downwards from the plateau. The site is located within a predominantly residential area of Trelewis.

PROPOSED DEVELOPMENT

Outline planning consent is sought to develop the site for residential purposes. All matters except the means of access serving the site are reserved for future consideration.

PLANNING HISTORY

Various applications have been submitted in relation to the site, all of which have since lapsed. The most recent application relating to the site relates to the granting of outline planning consent to develop the sloping land located to the east of the plateau area for residential purposes (Ref 00/0009).

CONSULTATION

- The Head of Engineering has been consulted and has no objection subject to conditions.

- Dwr Cymru Welsh Water has stated no objection to the proposal subject to conditions.

- The Glamorgan Gwent Archaeological Trust have stated no objection to the proposal.

- Wales and West Utilities have stated that they have no apparatus in the vicinity of the site.

- The Environment Agency has stated no objection subject to conditions.

- The Head of Public Protection has stated that the land is potentially contaminated and relevant conditions should be attached to any consent.

- The Planning Division’s Countryside Officer has stated no objection subject to conditions.

- Bedlinog Community Council were consulted but have not responded.

- The South Wales Fire and Rescue Service were consulted but have not responded.

- The South Wales Police were consulted but have not responded.

- Swalec were consulted but have not responded.

- Welsh Gas were consulted but have not responded.

PUBLICITY

The application was publicised by means of placing a Press Notice within the Merthyr Express, displaying five site notices within the vicinity of the site and sending individual consultation letters to 20 neighbouring properties. Following this consultation process, 30 letters have been received objecting to the application for the following reasons:

• Drainage problems. • Highway safety issues. • Water pressure is low in this area. • Insufficient access to accommodate 100+ properties. • Insufficient spaces in the local school exist. • Loss of amenity space. • Extra strain would be created on the local surgery. • Contrary to the Local Plan as half the site is allocated for recreational use. • It would represent over development. • Visually obtrusive. • Increased traffic. • Existing public transport links are sub-standard. • On-street parking spaces are in short supply. • Limited amenities exist in Trelewis. • There has been no guarantee that Housing Association Properties would not be built as part of the development.

POLICY CONTEXT

The smaller rectangular shaped piece of the site falls outside the ‘Settlement Boundary’ as defined by the Merthyr Tydfil Borough Local Plan. The plateau area and land to its west are designated as land used for ‘Informal Recreational’ purposes within the Local Plan. The sloping area of land that lies between Maen Ganol and the plateau is however specifically allocated for residential development within the Local Plan (Site H56 refers).

Policy H3 of the Mid Glamorgan (Merthyr Tydfil County Borough) Replacement Structure Plan and Policies H1 and H3 of the Merthyr Tydfil Borough Local Plan are relevant to the determination of this application.

PLANNING CONSIDERATIONS

The residential development of the part of the site which lies adjacent to Maen Ganol and to the east of the plateau area is considered acceptable, given its specific allocation for residential development within the Local Plan.

However the plateau area and land to the west is specifically allocated for the purposes of informal recreation within the Local Plan. Accordingly it is considered unacceptable in planning terms to develop this part of the site for residential purposes, as it would run contrary to and frustrate the aims of the Local Plan. The smaller rectangular shaped part of the site lies outside the ‘Settlement Boundary’ as defined by the Local Plan. In the absence of any special circumstances pertaining to the proposed erection of dwellings outside of the Settlement Boundary, than this element of the proposal shall also be resisted. It is therefore recommended, that if this application is approved outline planning permission, consent only be granted for that part of the site which is specifically allocated for residential development within the Local Plan. This matter will be addressed by a suitably worded planning condition.

Access to the site is gained via the highway known as Brondeg. The proposed scheme involves making access improvements works to this highway and its junction with the priority highway. Two highway improvement schemes have been submitted as part of the application. Option 1 is preferred by the Head of Engineering. In essence the highway improvement works included in Option 1 involve alterations to the existing junction which will result in a larger radius to allow for a full turning movement for Heavy Goods Vehicles, an increase in the width of the carriageway to 6m and the provision of a 2m wide footway and parking bays. Accordingly in the absence of any objections from the Head of Engineering, it is considered therefore that the proposal is acceptable from a highway safety point of view.

The Planning Division’s Countryside Officer has raised various concerns regarding the proposal, but accepts that the outstanding issues can be dealt with via suitable conditions.

Whilst the concerns of the neighbouring occupiers have been taken into account, it is considered that the points raised are not significant enough to warrant the refusal of the application.

The Head of Engineering has not raised any objection to the proposal. In the absence of any objection from the Head of Engineering, I do not consider that the proposal will have an adverse impact on any drainage problems within the area. I am also of the view that the highway network can accommodate the proposed development and am satisfied that the proposal will not have an adverse impact on highway or pedestrian safety. The proposed highway improvement works will improve the existing access arrangements for occupiers of the proposed dwellings and existing local residents alike.

There is no evidence to suggest that local properties suffer from low water pressure. In this respect, it should be noted that Welsh Water have not raised any objection to the proposal.

The Council’s Education Division have not commented on the number of children spaces currently available within the local schools. However, it should be noted that part of the site is specifically allocated for residential development, an allocation which the Education Division would have been aware of since the adoption of the Local Plan in 1999.

For the reasons stated above, it is recommended that the sections of the site that either fall outside the ‘Settlement Boundary’ or constitute allocated ‘informal recreational’ land will be excluded from being development. Hence the proposal will not result in a loss of amenity space and would not be contrary to the Local Plan as advocated by the objectors.

The number of dwellings proposed for the site has not been specified, and hence I do not concur with the objectors’ comments that the proposal represents an overdevelopment of the site. In addition, I do not concur that the proposal will be visually intrusive as the site is designated for residential development, and the design and siting of the dwellings does not form part of the application.

The other points of objection raised by local residents are not considered to represent material planning considerations, and therefore cannot be taken into account.

CONCLUSION

In conclusion it is considered that the proposed development of part of the site is considered acceptable in planning terms (the part of the site allocated for residential development in the Local Plan), whilst the remainder of the site should be prohibited from development. The following recommendation reflects this view.

RECOMMENDATION: BE APPROVED subject to the following CONDITIONS:

1. The development hereby approved shall be restricted to the area hatched in pink on the approved site location plan. No development shall take place on the area hatched in blue on the site location plan.

Reason - To ensure compliance with the Merthyr Tydfil Borough Local Plan.

2. Details relating to the siting, design and external appearance of the building(s) and the landscaping of the site shall be submitted to and approved by the Local Planning Authority BEFORE works commence on site.

Reason - The condition is imposed in accordance with Article 3(1) of the Town and Country Planning (General Development Procedure) Order 1995.

3. In conjunction with the statutory "reserved matters" details required by Condition 1, the following details shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development and completed in full accordance with such approved details BEFORE the development hereby approved is brought into use. i) existing and proposed site levels including full cross sectional drawings; ii) proposed slab or floor levels of all buildings to be erected together with relative yard, ridgeline and highway levels and those of adjacent buildings; iii) the means of foul water and surface water drainage; iv) the position height and material of all walls, fences and other means of enclosure; v) full constructional and facing material details of any retaining walls over 1 metre in height.

Reason - To ensure a satisfactory standard of development and protect local amenity interests.

4. The layout scheme shall allow for a minimum of 2 No. off street car parking spaces for each dwelling.

Reason - To ensure the parking needs of the development are adequately met at all times.

5. The layout scheme of the development shall be so designed as to ensure a minimum distance of 21 metres between windows of habitable rooms in existing or proposed dwellings.

Reason - To protect residential amenity.

6. The highway improvement works illustrated within Drawing Nos. H001 and H003 (submitted as part of the application) shall be completed in full accordance with details to be submitted to and approved in writing by the Local Planning Authority before any of the dwellings hereby approved are brought into beneficial use.

Reason - In the interest of highway safety.

7. There shall be no tree works or the felling of trees on site without the express written agreement by the Local Planning Authority.

Reason - To protect existing trees and wildlife.

8. Bat surveys shall be carried out by a suitably licensed bat ecologist of any buildings on site which are proposed for demolition. The subsequent bat report shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of any demolition works, and the recommendations contained within the approved bat report shall be implemented.

Reason - To ensure bats or their roosts will not be adversely affected.

9. BEFORE works commence on site, an ecological management plan for the treatment and long term management/maintenance and responsibility of the retained habitats (Areas G1, G2, G3 and G6 as identified on Plan 2 of the David Clements Ecology Ltd. Ecological Assessment) as well as new wildlife habitats to be created, shall be prepared and submitted for the written approval of the Local Planning Authority. The ecological management plan as may be approved in writing by the Local Planning Authority shall be implemented in full, in accordance with the recommendations contained therein.

Reason - To ensure the retained and created habitats are managed in the long term for the benefit of biodiversity.

10. All areas of retained habitats shall be protected by fencing and notices in accordance with details to be submitted to and approved in writing by the Local Planning Authority before works commence on site. Such approved fencing and notices shall be retained in situ at all times during construction works. No vehicles or machinery shall enter or any materials shall be stored within the retained habitats.

Reason - To identify the retained areas as sensitive habitats and prevent access and incidental damage by site vehicles and or personnel.

11. BEFORE either vegetation clearance works or other works associated with the development hereby approved commences on site, a Reptile Mitigation Strategy relating to the proposed development shall be compiled by a suitably qualified ecologist. This Reptile Mitigation Strategy shall be submitted to and approved in writing by the Local Planning Authority. The Reptile Mitigation Strategy as may be approved by the Local Planning Authority shall be fully implemented during the course of vegetation site clearance works and other works associated with the proposed development.

Reason - To prevent the killing or injuring of reptiles.

12. BEFORE construction/clearance works commence on site, a minimum of 5 bird nesting boxes and 5 bat boxes of ‘woodcrete’ construction shall be erected within the application site, in accordance with full details including locations and specifications to be submitted to and approved in writing by the Local Planning Authority. These bird nesting boxes and bat boxes shall remain in situ in perpetuity thereafter.

Reason - To provide suitable nesting and roosting habitat for birds and bats respectively.

13. No development shall take place until there has been submitted to and approved by the Local Planning Authority a landscape masterplan for the entire site that is contiguous with the objectives of biodiversity and wider landscape characterisation. The masterplan shall illustrate general design principles and objectives for the landscape in the context of the development and its relationship with the wider landscape. Where applicable it shall indicate all existing trees and or/hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development. Such details shall also be accompanied by a schedule of landscape maintenance for a minimum period of five years .

Reason - To ensure the development contributes towards the landscape quality and appearance of the site and surrounding area.

14. The landscaping scheme as approved shall be carried out in the first planting season following the occupation of the buildings or the completion of the development, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with other of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason - To ensure the landscaping scheme as approved is implemented and maintained in a satisfactory manner.

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Application No. Date Determining Authority P/06/0475 6th September 2006 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Re-cladding of existing buildings. Land And Buildings At Merthyr Tydfil County Erection of extensions, new roof, Junction Of Chestnut Borough Council external stairwell and rear Way And c/o EPT Partnership compounds to buildings. Poplar Way, Gurnos Ty Cefn Conversion of existing flats to (Gurnos Shops) Rectory Road office accommodation. Merthyr Tydfil Canton Conversion of existing shop to Cardiff office. Creation of new car parks

BACKGROUND/APPLICATION DETAILS/SITE APPRAISAL

The application site refers to the Gurnos District Shopping Centre which is an L-shaped block of units, situated north of Chestnut Way, east of Poplar Way, Gurnos.

This significant project has been developed as part of a funding application to the Welsh Assembly Government under the PRF (Physical Regeneration Fund) Initiative. It has developed to a level of detail which resulted in the application currently before Committee.

The project was finessed as a result of extensive consultation with and feedback from the key stakeholders, especially the residents’ groups, local traders, officers of 3G’s, local Councillors, representatives of the Local Health Board and NHS Trust.

In December 2006, confirmation was received that £1.5m funding approval had been given by WAG.

The detailed planning application now before Committee comprises the following elements:-

- Recladding of the existing buildings;

- New roofs to the existing buildings, including solar panels on the roof of the four storey building;

- Erection of extensions to the front of the existing shops and compounds to the rear;

- Conversion of the existing 1 st , 2 nd and 3 rd floor flats to 12 community offices, including a new external stairwell and lift shaft and the creation of a reception area;

- Creation of a reception/lobby area for the new offices through the conversion of an existing shop and the infilling of the existing under-croft access;

- Creation of a car park on the site of the existing pedestrian square.

The planning application was accompanied by a Sustainability and Design Statement, prepared by the agents for this application.

The Statement declares that refurbishment and remodelling of the existing District Shopping Centre was preferable to the other considered option:- demolition.

A key element of the proposal is to provide car parking to the area in front of the shops to encourage more local “top-up” shopping and allow the infilling of the under-croft space that currently provides access from the rear car parking area.

The infilling of the under-croft will provide a secure entrance to the proposed office accommodation, lift and staircase. It will enable 3G Community Development Trust to maintain a frontage with the space currently occupied reverting to retail use.

Refurbishing the existing shops is also a significant part of the project.

In addition to the accompanying Design Statement, Committee will be interested to note the design will be placed before the Design Commission. Whilst such scrutiny is not compulsory, it is a practice which is encouraged for public realm projects especially, by Technical Advice Note No. 12 (“Design”).

With regard to the re-cladding of the building, a new insulated coloured steel cladding panel over the existing structure is proposed. The proposed lift tower will be finished with a blue/grey cladding. Details of the finished colours are to be agreed via a suitable condition. It is also proposed to replace the existing flat roof with a new standing seam roof on a new steel frame. The roof will have a natural steel finish.

Twenty-five parking spaces are proposed for the new car park, two of which are dedicated disabled spaces.

PLANNING HISTORY

There is no development control history of direct relevance to the current planning application.

PUBLICITY

A site notice was posted on site on 29 th September 2006. No representations have been received.

CONSULTATIONS

• The Head of Engineering – no objection subject to conditions.

• The Head of Housing has been involved in the development of this project from its inception and is supportive of the proposals now before Committee.

• Dwr Cymru Welsh Water – no objection to the proposal, subject to conditions.

• Wales and West Utilities – no apparatus in the vicinity of the site.

• The Environment Agency – no objection to the proposal.

• The Head of Public Protection has not offered objection.

• The Town Planning Division Countryside Officer has stated no objection subject to conditions and a satisfactory bat survey.

• The South Wales Fire and Rescue Service – no response.

• The South Wales Police – no response. However, the scheme follows the Police Authority “Secured by Design” Principle.

• Swalec – no-response.

• Welsh Gas – no response.

POLICY CONTEXT

The following adopted development plan policies apply. a) Mid Glamorgan (Merthyr Tydfil County Borough) Replacement Structure Plan 1991- 2006

- Policy E2 which sets out the relevant criteria for the conversion of buildings to business uses;

- Policy R2 which sets out the criteria for considering applications for new retail floorspace; b) Merthyr Tydfil Borough Local Plan 1996-2006

- Policy EB3 which sets out the criteria for determining planning applications for (amongst other things) conversion of buildings to business uses; and

- Policy RC1 which sets out the criteria for determining applications for new retail floorspace outside the town centre.

The submitted proposals conform to the various criteria of the above policies and would not adversely impact upon the vitality and viability of the existing town centre and is considered acceptable in transportation and parking provision.

PLANNING CONSIDERATIONS

It is considered that the proposed development would produce a marked improvement upon the amenities of neighbouring residents and upon the visual amenities of the area. To this end, no objections have been raised by local residents.

Furthermore, the remodelling and refurbishment of this retail complex, with improved vehicle access, will produce a much enhanced facility and will ease vehicle congestion in the vicinity.

There are no policy objections to the proposal.

Overall, it is considered that the proposed development is to be welcomed and it is recommended that planning permission be granted subject to the following conditions.

RECOMMENDATION: BE APPROVED subject to the following CONDITIONS:

Reason - In the interest of visual amenity.

2. No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping. Such details shall also be accompanied by a schedule of landscape maintenance for a minimum period of five years .

Reason - To ensure the development contributes towards the landscape quality and appearance of the site and surrounding area.

3. The landscaping scheme as approved shall be carried out in the first planting season following the occupation of the buildings or the completion of the development, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with other of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason - To ensure the landscaping scheme as approved is implemented and maintained in a satisfactory manner.

INFORMATIVES

1. The applicant / developer is strongly advised to liaise with Hyder Consulting Ltd (Network Development Consultants - Southern, Tel 01443 331155) in relation to any connections to the public sewer and/or to any works which affect the line of or are in close proximity to existing public sewers.

2. The developer shall obtain all other necessary consents BEFORE works commence including BUILDING REGULATION approval.

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Application No. Date Determining Authority P/06/0595 7th November 2006 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Retention of decking and 35 Sweetwater Park Mr & Mrs A Jones erection of garden shed Trefechan c/o Ms N Law Merthyr Tydfil Barry Tomlinson CF48 2LF Architectural Services Ltd 3 Rich Way Brecon Powys

APPLICATION DETAILS/SITE APPRAISAL

The application is detailed for the retention of decking and the erection of a garden shed. The site is located within the Trefechan residential area.

PLANNING HISTORY

Previous planning applications on the site are not relevant to this application.

PUBLICITY

Neighbouring properties have been consulted by letter and two letters have been received objecting to the application for the following reasons:

- Loss of privacy. - The support structures may not be strong enough. - Over development of a small area. - The construction is unsightly.

CONSULTATION

The Head of Engineering have been consulted and offers no objection to the proposal.

POLICY CONTEXT

There is no policy relevant to the determination of this application.

PLANNING CONSIDERATIONS

All aspects of the proposed development are considered acceptable in planning terms. It is considered that the proposal would not have a material adverse effect upon the amenities of neighbouring occupiers nor upon the visual amenities of the area. In addition, the Head of Engineering has stated that there is no objection to the proposals and it is considered therefore that the proposal is acceptable from a highway safety point of view.

Whilst the concerns of the neighbouring occupiers (regarding the decking) have been taken into account, it is considered that the points raised are not significant enough to warrant the refusal of the application. It is accepted that decking type constructions are common paraphernalia in urban settings and not, therefore, considered to be out of character. Furthermore, with regard to the issue of privacy, it is considered that the neighbouring properties enjoyed very little privacy prior to the erection of the decking due to the sloped nature of the rear gardens. It is considered that the addition of the decking would not exacerbate this problem to an unacceptable degree. Neither do I agree that the proposal represents an over-development of the site. Issues relating to the perceived poor construction of the decking do not constitute material planning considerations and hence cannot form a reason for the refusal of the application.

Overall, it is considered that the proposed development is acceptable and the following recommendation is made:

RECOMMENDATION: BE APPROVED

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Application No. Date Determining Authority P/06/0599 9th November 2006 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Erection of two storey and first 163 High Street Mr M Forbes floor rear extension Cefn Coed 163 High Street Merthyr Tydfil Cefn Coed CF48 2PH Merthyr Tydfil CF48 2PH

APPLICATION DETAILS / SITE ANALYSIS

This is a full application for the erection of a 2-storey and first floor rear extension. The proposed extension is 5.2 metres wide, 3 metres deep and features an apex roof with a height of 6 metres. The property forms part of a residential terrace on High Street, Cefn Coed. The rear of the property is characterised by overgrown plantation and many tall trees.

PLANNING HISTORY

There is no relevant planning history that needs to be considered to determine this application.

PUBLICITY

In accordance with the General Development Procedure Order, letters were sent to the two adjoining properties at No. 162 & 164 High Street and No.12 Well Street. One letter of objection from one of the neighbours was received for the proposed application for the following reasons:

- The rear gardens are shaded to an extent by trees and the first floor extension would have the effect of blocking any natural lighting to the rear of the property at No. 162 High Street.

- The loss of natural lighting may have a negative effect on the value of the property.

CONSULTATION

The following bodies were consulted and their comments are presented below:

Head of Engineering – Response received, no objections presented. Hyder – No response was received.

POLICY CONTEXT

There are no relevant polices within the adopted local plan that need to be considered in determining this application. This application will be determined following the advice outlined in the Council’s adopted Householders Design Guide 1: Extensions and Alterations.

PLANNING CONSIDERATION

The main considerations of this application relates to the design of the extension and the possible impact to the neighbouring occupants amenities. It is considered that the extension complies with the guidance in the adopted Householders Design Guide 1: Extensions and Alterations, and is therefore acceptable. It is noted that there will be some loss of light to the neighbouring property at No. 162 High Street. However, taking into account the orientation of the terraced properties (with their rear elevations facing north), it is considered that the loss of natural light received by the objector’s property would not be of an unacceptable level. Furthermore, the objections raised concerning the possible negative effect to the value of the house is not a planning consideration.

Accordingly, the following recommendation is made:

RECOMMENDATION: BE APPROVED subject to the following CONDITION:

1. The external elevational (wall and roof) finishes of the proposed extension shall match those of the existing structure.

Reason - In the interest of visual amenity.

INFORMATIVES

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Application No. Date Determining Authority P/06/0608 14th November 2006 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Erection of 2 No. detached Former Council Depot dwellings and 4 No semi Fell Street c/o Stephen George detached dwellings Treharris Architects 25 Courtland Terrace Merthyr Tydfil CF47 0DT

APPLICATION SITE

This application relates to land that formerly comprised a Council Depot. The site is located at the lower (north-eastern) end of Fell Street and lies adjacent to No 47 Fell Street. The site is located opposite Nos. 25-35 Fell Street and backs onto the curtilages of Nos. 25-30 Penn Street. The site fronts onto Fell Street and is bounded by the highway known as Forest Road to the east. The site is roughly rectangular in shape, having a frontage onto Fell Street of 55m and a maximum depth of 25m.

The profile of the site is such that it is split into two distinct sections. The larger south- western section of the site is relatively flat in profile and currently accessed off Fell Street. Accordingly due to the sloping nature of the highway that adjoins the site, the part of the site that lies adjacent to 47 Fell Street is some 3.5m below the level of the highway. Conversely, the north-eastern part of this section of the site (where this part of the site is accessed) is relatively level with the highway at this location.

The smaller north-eastern section of the site (at the corner of Fell Street and Forest Road) is some 3m lower than the other section of the site. The two sections of the site are delineated by a retaining wall. This lower section of the site is accessed off Forest Road and is relatively level in profile with this highway.

PLANNING HISTORY

There is no relevant history pertaining to the site.

PROPOSED DEVELOPMENT

Full planning consent is sought to erect two detached and four semi-detached houses on the site. The two detached dwellings are located on the lower section of the site and front onto Forest Road. They are two storey structures that accommodate four bedrooms. The two pairs of semi-detached dwellings are located on the upper section of the site and front onto Fell Street. Each of the four semi-detached dwellings has a threshold level with the highway. In order to achieve this level threshold, the pair of semi-detached properties located nearest to the existing site access are two storey in height, whilst the pair of dwellings to be constructed nearest to 47 Fell Street are three storey in height (including a basement). However these basements will be below the level of the highway and hence will not be visible from Fell Street. Thus each of the semi-detached dwellings have the appearance of two storey structures when viewed from the front. Each of the semi- detached properties feature three bedrooms. The proposed dwellings are of a modern design and appearance, and are to be constructed from a combination of rendered blocks and bricks beneath artificial slates.

The proposal also involves the creation of a new access road (to private driveway standard) to serve the four semi-detached properties. This access road forms a junction with Fell Street opposite No 31 Fell Street. Access to the two detached properties is located via a shared vehicular access to be created between the two properties. Each of the six properties proposed are served by two parking spaces and a garden area.

CONSULTATION

• Head of Engineering - No objection

• Head of Env Health - No response

• Environment Agency - No objection

• Welsh Water - No objection

• Wales & West Utilities - No objection

• Western Power Distribution - No objection

• Fire Service - No response

PUBLICITY

The application was publicised by means of sending individual consultation letters to the occupiers of the seven properties that adjoin the site and by displaying two site notices within the vicinity of the site. Following this publicity exercise I have received one letter of objection from the occupier of 47 Fell Street and a petition of objection signed by 32 local residents. The relevant points of objection contained within these letters are summarised below. a) The proposed dwellings would result in a loss of light to the occupiers of local/neighbouring properties b) The proposed dwellings would overlook existing local properties, resulting in a loss of privacy to the occupiers of such properties. c) The proposed dwellings would result in a loss of view to local residents. d) The proposal would reduce the value of the objectors’ properties

POLICY CONTEXT

Policy H3 of the Mid Glamorgan (Merthyr Tydfil County Borough) Replacement Structure Plan 1991 -2006 and Policy H2 of the Merthyr Tydfil Borough Local Plan are relevant to the determination of this application.

PLANNING CONSIDERATIONS

The principle of developing the site for residential purposes is considered to be acceptable, given the residential nature of the vicinity. The proposal would also result in the beneficial re-use of a vacant brownfield site

I am of the opinion that the siting of the proposed dwellings together with their design, scale and general appearance respect the character and visual amenities of the area. The parking arrangements and garden areas serving each of the dwellings proposed are also considered to be acceptable. The two points of vehicular access serving the site are also considered to be acceptable in highway terms. In this respect I note that the Head of Engineering has raised no objection to the scheme. I am also satisfied that the proposed dwellings do not adversely impinge on the living conditions of local residents to such an extent that warrants the refusal of the application.

With regard to the points of objection listed in the ‘Publicity’ section of this report the following comments are made. a) Whilst the proposed dwellings will result in the loss of some light to the properties located on the opposite side of the street, I consider that due to the distance of 11.6m between the existing and proposed properties, the level of light lost would be insufficient as to warrant the refusal of the application. b) I do not concur with the objectors’ view that the proposed dwellings will result in a loss of their privacy. I am of the opinion that the distance of 11.6m between the existing properties and the proposed properties is sufficient as to safeguard the privacy and general living conditions of the occupiers of such (both the existing properties and those proposed). In this regard it should be noted that it is not unknown for the distances between the habitable room windows of opposing terraced properties to be much lower than 11.6m, and indeed this is the case within Fell Street. c) The loss of a view does not constitute a material planning consideration and hence cannot form a reason for the refusal of the application. d) The (perceived) loss of property value does not constitute a material planning consideration and hence cannot form a reason for the refusal of the application.

In conclusion I am satisfied that all aspects of the proposed scheme are acceptable in planning terms and that it complies with the relevant Development Plan Policies. I therefore recommend the approval of this application which will provide small scale development on a redundant brownfield site.

RECOMMENDATION: BE APPROVED subject to the following CONDITIONS:

1. Details of the roofing materials and the finishes to the external walls of the dwellings shall be submitted to and approved by the Local Planning Authority in writing BEFORE development commences on site, and all works carried out shall be in accordance with such approved details.

Reason - In the interests of visual amenity.

2. The parking spaces/driveways serving each dwelling shall be laid out in accordance with the approved drawings at a gradient of not greater than 1 in 8 (12.5%) and shall be surfaced in tarmacadam, concrete or an alternative durable material prior to the occupation of the dwelling to which they relate. Such parking spaces/driveways shall be maintained for the purposes of vehicular parking at all times thereafter.

Reason - To safeguard highway interests and ensure a satisfactory form of development.

3. BEFORE works commence on site, full engineering details of the proposed access road and shared turning area (including details relating to road layout and construction details) shall be submitted to and approved by the Local Planning Authority in writing. All works subsequently carried out shall be in full accordance with such details as may be approved in writing by the Local Planning Authority.

Reason - To safeguard highway interests and ensure a satisfactory form of development.

4. The boundaries to the properties shall be erected prior to the occupation of the dwelling(s) in accordance with details to be submitted to and approved in writing by the Local Planning Authority before works commence on site.

Reason - In the interest of the visual amenity of the area and the privacy of occupiers of adjoining properties.

5. BEFORE works relating to the dwellings hereby approved commence on site details of the means of foul and surface water drainage shall be submitted to and approved by the Local Planning Authority in writing and such works as may be approved shall be implemented in full prior to the occupation of the dwelling(s).

Reason - To ensure the development meets with current drainage/engineering requirements.

6. BEFORE works relating to the dwellings hereby approved commence on site details of full constructional and facing materials details of any necessary retaining walls which exceed 1 metre in height shall be submitted to and approved by the Local Planning Authority in writing and such works as may be approved shall be implemented in full prior to the occupation of the dwelling(s).

Reason - To ensure the development meets with current drainage/engineering requirements.

7. No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping. Where applicable it shall indicate all existing trees and or/hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development. Such details shall also be accompanied by a schedule of landscape maintenance for a minimum period of five years .

Reason - To ensure the development contributes towards the landscape quality and appearance of the site and surrounding area.

8. The landscaping scheme as approved shall be carried out in the first planting season following the occupation of the buildings or the completion of the development, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with other of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason - To ensure the landscaping scheme as approved is implemented and maintained in a satisfactory manner.

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Application No. Date Determining Authority P/06/0612 17th November 2006 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Conversion of garage to living 24 Calluna Close Mr & Mrs C Davies accommodation, and erection of Dowlais c/o Mr W Scorey single storey and first floor Merthyr Tydfil 1 Glanynys Cottages extension to front of property CF48 3HF Cwmbach Road Aberdare CF44 0NN

APPLICATION SITE

This application relates to a detached dwelling located within a residential area of Dowlais.

PROPOSED DEVELOPMENT

Full planning consent is sought to convert the property’s garage into living accommodation and to erect a first floor extension and ground floor extension to its front elevation. The first floor extension is 2.9 metres wide and 2.1 metres deep and is located above the existing garage. The first floor extension will have an apex roof with a height of 2.8 metres and set in to the existing roof 1.5 metres below the host’s ridge.

The single storey extension is 2.9 metres wide, 1.5 metres deep and 3.5 metres high with an apex roof. The proposed ground floor extension is to be located in front of the garage.

PLANNING HISTORY

There is no relevant planning history that needs to be considered to determine this application.

PUBLICITY

In accordance with the General Development Procedure order, letters were sent to the neighbours at No. 22 & 26 Calluna Close and No. 10 & 12 Japonica Drive. One letter of objection was received for the proposed application for the following reasons:

• The proposed extension would reduce the amount of natural light received by the front elevation of the property known as No. 22 Calluna Close.

• The proposed extension would possibly interfere with the signal to the satellite located on the side of the property at No.22 Calluna Close.

• Concerns that if there are not enough parking spaces on site this will lead to cars being parked on the joint access road obstructing access to the neighbouring properties.

CONSULTATION

The following bodies were consulted and their comments are presented below:

- Head of Engineering – No objections presented, subject to conditions.

- Hyder – No objections received.

POLICY CONTEXT

There is no relevant policy outlined in the local plan. This application will be determined following the guidance outlined in the Parking SPG and on its own merits.

PLANNING CONSIDERATION

The main considerations in the determination of this application relate to the design of the extension and its impact on the character of the area and the possible impact of the extension on the neighbouring occupants amenities. It is considered that the ground floor extension on the front elevation of the dwelling would not project forward beyond the uniform building line of the street scene. It is also considered that the first floor and ground floor extensions are designed in character of the host dwelling and the surrounding area. Although there may be some loss of natural lighting to the property at No 22 Calluna Close, it is considered that the level of light lost to the objector’s property will be insufficient as to warrant the refusal of the application on such grounds.

The conversion of the garage to a residential living space will mean a loss of one existing parking space. The application indicates that the driveway will be widened to accommodate a replacement parking space. This complies with the Parking Guidance SPG and is considered acceptable. Addressing the objection above, it is considered that the widening of the driveway to accommodate a replacement parking space will not exacerbate the parking on the joint access road serving the site.

Furthermore, the objection to any loss of satellite signal due to the extension is not a material planning consideration and does not constitute a reason for refusal.

Accordingly, the following recommendation is made:

RECOMMENDATION: BE APPROVED subject to the following CONDITIONS:

1. The external elevational (wall and roof) finishes of the proposed extension shall match those of the existing structure.

Reason - In the interest of visual amenity.

2. BEFORE works relating to the proposed conversion of the garage to living accommodation commence, the existing driveway shall be widened in accordance with the details illustrated on the approved plans and shall be surfaced in durable materials. The widened driveway shall be made accessible for vehicular parking at all times thereafter.

Reason In the interest of highway safety and to ensure adequate off-street parking.

INFORMATIVES

2. The developer shall obtain all other necessary consents BEFORE works commence including BUILDING REGULATION approval.

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Application No. Date Determining Authority P/06/0617 20th November 2006 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Erection of 4 houses Land At Brynffynon Captains Hill Ltd Captains Hill c/o Phillip Griffiths Treharris Architect Merthyr Tydfil 3 St Johns Close Cefn Coed Merthyr Tydfil

SITE APPRAISAL

Brynffynon House lies within a curtilage of 0.35 hectare/0.86 acre. The dwelling is currently unoccupied and the curtilage is largely overgrown. The site is largely level and stands elevated above Glynbargoed Road to the west.

Brynffynon House lies in the SW corner of the site.

Its western boundary lies adjacent to the narrow highway known as Captain’s Hill which at one time, (but no longer), formed a vehicle access with Bontnewydd Terrace, Trelewis to the north, under the disused railway line. Access north to Trelewis is now possible only via a pedestrian subway under the railway line, from a point some 50 metres past the vehicle access to Brynffynon off Captain’s Hill. Captain’s Hill connects with Glynbargoed Road to the west.

The toe of the batter of the disused railway line forms the northern boundary of the application site. The disused line forms part of the Celtic Trail National Cycle Route (8). To the south lies the small infill residential settlement of Glynbargoed Close, comprising 7 self- build units constructed in the 1980s and 1990s.

Apart from the commercial garage to the west, at Glynbargoed Road, the primary land use in the locality is residential (Trelewis settlement, Glynbargoed Close, Beechcroft, Glynbargoed Road, Melin Caiach, Railway Terrace).

Mature deciduous trees flank the eastern boundary and a group of mature deciduous trees screens the site from Glynbargoed Road. Individual mature trees stand on the southern boundary and within the site (sycamore and horse chestnut).

APPLICATION DETAILS

This is an outline planning application for an in principle consent for the erection of four dwellings. It is proposed to retain Brynffynon House as a dwelling.

The means of access is proposed off Captain’s Hill at or near the existing access. All other matters (siting, design, external appearance and landscaping) are matters reserved for subsequent approval.

DEVELOPMENT CONTROL HISTORY

Application No. 020345 - Outline application for the erection of 2 No. detached dwellings, within the curtilage of Brynffynon (Brynffynon to be retained) APPROVED subject to conditions, 28 th February 2003

Application No. 060237 - Outline application for the erection of 22 No. dwellings WITHDRAWN 30 th October 2006

PUBLICITY

Article 8(5) of the 1995 Town and Country Planning (General Development Procedure) Order requires that applications of this type are publicised by either site display or by serving notice upon the adjoining owner or occupier.

In the event both measures were employed. Thus, two separate notices were posted on the edge of the site on 7 th December 2006, whilst individual letters were sent to five separate households at Glynbargoed Close, which abuts the application site.

In response, a letter was submitted by one of the residents strongly objecting to the proposed development.

The following grounds are cited:-

• Privacy

The objector expresses concern that, as the objector’s dwelling lies at a lower level than the application site, the objector’s privacy would be invaded, due to surveillance from the new dwellings.

The objector cites the provisions of the 1998 Human Rights Act in this connection.

• Access

The objector suggests the development may require “complete restructuring” of Captain’s Hill, to the detriment of ramblers, cyclists and walkers who use the highway.

• Noise

The objector cites noise arising from construction work to develop the site if consent is granted and subsequent increase in noise levels as a consequence of the occupation of the additional dwellings.

• Environmental

The objector claims development of the site will “entirely remove” important wildlife structures, including broad leafed trees.

• Light

The objector is concerned that, as the application site is higher than the objector’s dwelling, there will be a great reduction in the amount of light available to the objector’s house, impacting on the comfort and enjoyment of the objector’s home.

• Undermining and Flooding

The objector points to past underground mine working in the locality, expressing the concern it may affect the structural integrity of adjoining dwellings.

The objector points to past flooding in the locality and expresses the concern that the potential loss of trees could exacerbate the situation.

• Surrounding Infrastructure

Concern is expressed that the road system in the locality is not adequate to accommodate additional vehicles generated by this (and other recent) development, to the detriment of pedestrians and other road users. The objector points to the problems experienced at other highways in the locality e.g. Mill Road.

• Appearance and Outlook

The objector states the development of the application site, if allowed, would considerably alter one of the remaining “greenfield” sites in the locality and would deny access to walkers, ramblers, residents.

The objector concludes that the above grounds render the proposal unacceptable when assessed against the following provisions of the adopted Local Plan:

• The planning proposal has an unacceptable impact upon the character and amenity of the immediate neighbourhood.

• The proposal has an unacceptable impact upon the character, amenity and landscape quality of the area including the need to retain features of nature conservation interests.

• The proposal appears to have a negative impact upon the rights of way network and other forms of public access to the countryside.

• The proposal conflicts with transportation and traffic generation and access.

The Head of Town Planning notes the clearly stated points of objection put forward but does not concur with the objector’s assertions for the reasons set out below.

- Privacy Objection

It is acknowledged that the objector’s property lies at a lower level than the application site. In terms of “surveillance” it will be appreciated the site currently forms part of the curtilage of a residential property, within which (when occupied) residents are free to look out and otherwise enjoy that dwelling.

The new dwellings, if consented, will need to be designed so as to take into account the privacy and amenity of surrounding dwellings and indeed to protect the residential amenity of the residents of the new dwellings.

Committee will note that, as stated above, consent was granted for 2 No. detached dwellings at this site in February 2003. The current application seeks consent to alter the quantum, from three dwellings (in total) to five (in total, including the retention of the existing, currently vacant dwelling known as Brynffynon House).

Committee will also note that it is the principle of the development which is currently sought, not the detail.

- Access

The objector’s assertion that the site access may require a complete restructuring is incorrect. A previous planning application, for the erection of 22 dwellings (withdrawn subsequently) would have required substantial alterations to the site access, to Captain’s Hill and to its junction with Glynbargoed Road.

The current application will not, because the fewer number of residential units now proposed may be served off a properly designed private drive.

The Head of Engineering offers no objection to the proposal, subject to conditions.

- Noise

Committee will appreciate that potential construction noise is not, of itself, reason to refuse an application for operational development. If, during construction works, noise is produced which is deemed to constitute an offence, action may be taken under Public Health legislation. The Principal Environmental Health Officer has been consulted and, amongst other things, has suggested the imposition of a planning condition to curtail construction working hours.

The objector does not acknowledge that Glynbargoed Close, within which the objector resides, was once part of the large curtilage of Glynbargoed House until the erection of seven self-build residential units on that site within the past two decades.

- Environmental

The objector is correct to refer to the mature broad leafed trees within the application site and the associated wildlife and supporting structures.

The objector is incorrect in asserting these features will be “entirely” removed.

This application has been scrutinised by the Town Planning Division’s Countryside Officer, whose comments inform the recommendation set out below.

- Light

Committee are again reminded of the fact that this application seeks consent in principle, not detail.

Even so, and acknowledging that the objector’s dwelling lies at a level lower than the application site, the objector’s dwelling lies southeast of the application site and for this reason, any new dwellings erected to the north (rear) would be unlikely to prevent sunlight to the objector’s dwelling.

Furthermore, the application site is deemed sufficiently large to ensure the new dwellings, if allowed, are set at an appropriate stand off distance from the objector’s dwelling to prevent overshadowing. In this connection, the presence of the mature broad leaved trees have the propensity to cast shadows to varying degrees throughout the year.

- Undermining and Flooding

The objections are appropriate in the circumstances. However, both the Environment Agency and Head of Engineering have been consulted and offer no objection on the grounds of flooding.

The Head of Engineering has also assessed the application in terms of past mineworking as he did in 2003. There is not considered sufficient reason to object to this application on these grounds alone.

- Appearance and Outlook

Whilst the application site contains mature trees, it is regarded as “brownfield” land, not “greenfield”, as it lies within the curtilage of a dwelling, as indeed did adjacent Glynbargoed Close once form part of Glynbargoed House curtilage.

Furthermore, there would appear to be no public access rights on the site, as claimed by the objector.

CONSULTATIONS

The following consultations were undertaken in accordance with the provisions of Article 10 of the 1995 Town and Country planning (General Development Procedure) Order and Annex ‘B’ of Circular 29-95.

Internal

Town Planning Division Team Leader (Policy & Implementation) - referred to relevant national and adopted development plan policies.

Town Planning Division Countryside Officer – offered the following comments.

“An ecological survey was submitted in support of the previous application (P/06/0237), which included an arborists report, a breeding bird survey and a ‘Species of Conservation Concern’ survey. I consider that the mature trees and areas of vegetation, including remnant hedgerow, provide an important biodiversity and landscape resource in the local context. The current application, to build 4 houses within the site whilst retaining the peripheral trees and vegetation, is a much more acceptable proposal than the original application to build 22 houses was. The ecological report did not find any evidence of protected species within the site itself, although pipistrelle bats were recorded foraging extensively over the site and a number of birds were recorded nesting within the site. However, the retention of the mature trees and peripheral vegetation will provide continued interest for these species and with management, the biodiversity value of these areas will be further enhanced. Through the use of the conditions below I consider that the site could be developed as proposed without causing an unacceptable impact on biodiversity.”

Head of Engineering – offered no objection, subject to the imposition of suitable conditions.

Head of Environmental Health – offered no objection, but suggested imposition of a condition limiting construction works hours and an “Informative” regarding the potentially contaminated land within the adjacent railway embankment to the east.

External

Bedlinog Community Council – no response.

South Wales Fire & Rescue Service – advised the developer should consider the need for:- a) adequate water supplies on site for fire fighting purposes; and b) access for emergency fire fighting appliances

Wales & West Utilities – advised they have no apparatus within the vicinity of the site.

Environment Agency – standard advice applies

Welsh Water – no objection, subject to conditions.

Western Power Distribution – no objection.

PLANNING CONSIDERATIONS

The considerations set out below address the basic premis of this application:- the principle of residential development, not the detail.

National Planning Policy

As stated above, the application site forms the curtilage of Brynffynon House. The primary land use of the adjacent land and the locality is residential.

The site comprises the curtilage of a dwelling and may be defined as “brownfield” land, a broadbrush planning term used to describe land which has previously been developed, (as distinct from “greenfield” land).

National Planning Policy, as set out in Planning Policy (Wales) (2002), at Section 2.7 states a preference for the re-use of brownfield land, to meet one of the key (sustainability) objectives.

The Development Plan

There are two adopted development plans of relevance to the consideration of this application. The relevant policies are considered below. a) The Mid Glamorgan (Merthyr Tydfil County Borough) Replacement Structure Plan (1991 – 2006) adopted by this Council on 10 th August 1996.

Policy H3 is of relevance, which states: “Proposals for residential development on sites within settlement areas as defined in Local Plans will be permitted where this involves:

(i) New residential development on derelict, and developed potentially redundant or underused land, where this does not conflict with uses identified in Local Plans; or

The restoration and conversion to residential use of suitable buildings, including vacant floor space above retail units, providing the proposals are consistent with the scale and nature of the existing buildings; and

(ii) The proposal is compatible with transportation considerations including parking, traffic generation and access, the conservation of the environment and the maintenance of local amenities. b) The Merthyr Tydfil Borough Local Plan 1996 – 2006 adopted by this Council on 8 th May 1999.

The Local Plan Proposals Map indicates the application site lies within the identified settlement boundary of the Local Plan.

At 4.3 of the Local Plan Policy document, there is recognition of: “…the need to identify a balance between the protection of the environment and development pressures related to social, welfare, transportation or economic needs.” In this connection the settlement boundary is delineated to distinguish between urban and rural areas. At Section 3.8 of the document, two of the stated objectives of the Local Plan are:-

- ”the re-use and recycling of land by means of reclamation and re- development: and

- the containment of development within an existing urban fabric so as to minimise car usage and relate growth to public transport networks.”

Section 10.18 states: “The identification of settlement boundaries is part of the Local Authority policy of defining reasonable and logical limits to the urban form of communities in the Local Plan area …”

The application site is not specifically designated, nor allocated for residential usage. However Policy H2 of the adopted Local Plan specifically permits residential development proposals within settlement boundaries on land which is not identified for residential use, subject to satisfactory assessment against the following criteria.

“1) The proposal does not have an unacceptable impact on the character and amenity of the immediate neighbourhood.

2) The siting of the development is acceptable in relation to the design, scale, materials and setting of the proposals.

3) The proposal does not have an unacceptable impact on the character, amenity and landscape quality of the area, including the need to retain features of water, wildlife, nature conservation interests and historical interests identified during the assessment and design of the scheme.

4) The proposal does not have an unacceptable impact on the rights of way network and other forms of public access to the countryside.

5) The proposal does not conflict with transport considerations including car parking, traffic generation, access and accessibility to public transport.

6) The proposal has regard to the provisions of Policy NH7 regarding the water environment.”

Policy NH7 states:

Development proposals which affect the water environment will be permitted where:-

1) It can be clearly demonstrated that adequate water, sewerage treatment and land drainage services are available or can readily and economically be provided to serve the development without detriment of the environment.

2) The development will not have an adverse impact upon the quality and quantity of groundwater resources, surface waters, other waterbodies or the flora and fauna dependant upon such water features.

3) The development will not result in an increased risk of flooding due to additional surface water run off.

4) If the development involves areas of land liable to fluvial flood risk, adequate mitigation works can be undertaken to reduce the risk of flooding both of the proposed site & elsewhere, prior to any development proceeding.”

CONCLUSION

It is concluded the application should be supported for the reasons set out below.

• The proposal conforms with the provisions of the adopted development plans and national planning policies;

• There are no objections from statutory consultees;

• Many of the issues raised by the sole objector may be addressed by the imposition of suitable planning conditions; other issues raised by the objector are not well founded.

Finally, Committee will note the objector made reference to the provisions of the 1998 Human Rights Act with regard to the first ground of objection (Privacy). This aspect of the objector’s submission has been taken into account. However, the Head of Town Planning does not consider that the planning merits of the planning application, as set out above, would be outweighed by these provisions.

RECOMMENDATION: BE APPROVED subject to the following CONDITIONS:

1. Details relating to the siting, design and external appearance of the building(s), and the landscaping of the site shall be submitted to and approved by the Local Planning Authority BEFORE works commence on site.

Reason - The condition is imposed in accordance with Article 3(1) of the Town and Country Planning (General Development Procedure) Order 1995.

2. In conjunction with the statutory "reserved matters" details required by Condition 1, the following details shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development and completed in full accordance with such approved details BEFORE the development hereby approved is brought into use. i) existing and proposed site levels including full cross sectional drawings; ii) proposed slab or floor levels of all buildings to be erected together with relative yard, ridgeline and highway levels and those of adjacent buildings; iii) the means of foul water and surface water drainage; iv) the position height and material of all walls, fences and other means of enclosure; v) full constructional and facing material details of any retaining walls over 1 metre in height.

Reason - To ensure a satisfactory standard of development and protect local amenity interests.

3. The layout scheme shall allow for a minimum of 2 No. off street car parking spaces for each dwelling.

Reason - To ensure the parking needs of the development are adequately met at all times.

4. The access to the site (off Captain's Hill) shall be at a gradient not steeper than 5% (1 in 20) rising to 4% (1 in 25) falling to the priority road for the first 10 metres and thereafter no steeper than 1 in 8.

Reason - In the interest of highway safety.

5. NO DEVELOPMENT shall take place until a structural design certificate, completed and signed by a Chartered Engineer, and a scheme to deal with existing ground conditions has been submitted to and approved in writing by the Local Planning Authority. The Certificate shall certify that appropriate site investigations have been carried out at the site. The scheme shall include an investigation and assessment to identify those precautions or measures deemed to be required in the design and construction of the proposed development in order to minimise any damage which might arise as a result of ground conditions.

Reason - To ascertain the stability of the site and to determine the structural suitability of the development thereon in view of prevailing ground conditions.

6. The scheme as approved in Condition No. 5 above shall be fully incorporated in the design and construction of the proposed development.

Reason - To ensure that no development is undertaken which may be prejudiced by existing ground conditions.

7. Hours of operation shall take place between 8.00 a.m. and 6.00 p.m. Mondays to Fridays, 9.00 a.m. to 2.00 p.m. Saturdays. No work on Sundays nor Public Holidays. At all other times the premises shall remain closed.

Reason - To protect the amenities of nearby residents.

8. Prior to commencement of any works on site, an arboricultural implications assessment and tree protection plan shall be prepared by a suitably experienced arboriculturalist in accordance with BS 5837:2005: Trees in Relation to Construction and submitted to the local planning authority for its written approval. All works on site shall be in accordance with the approved tree protection plan.

Reason - To protect the existing trees to be retained.

9. There shall be no felling of trees except for Tree 1 (Sycamore), Tree 2 (Sycamore) and Tree 3 (Horse Chestnut) as identified on the submitted Plan (drawing number 03A).

Reason - To protect the character of the site, to mitigate for impacts on biodiversity and in the interests of visual amenity.

10. A Tree/Habitat Management Plan shall be submitted for the written approval of the local planning authority and shall relate to the retained trees, scrub and hedgerows and management of these areas and features in the long term. The Habitat Management Plan shall be implemented as approved.

Reason - To ensure the site retains its landscape character and to ensure the biodiversity value of these areas is enhanced.

11. Prior to commencement of works, a reptile mitigation strategy shall be drawn up by a suitably qualified ecologist and submitted for the written approval of the local planning authority. The mitigation strategy shall be implemented as approved.

Reason - To ensure reptiles are not injured or killed during works.

12. All tree works and clearance of vegetation (unless specifically agreed as part of the Reptile Mitigation Strategy) shall be carried out outside of the bird nesting season (i.e. works to be carried out October - February inclusive).

Reason - To ensure nesting birds are not disturbed.

INFORMATIVES

1. The Developer is advised to check and confirm the positions of all boundaries BEFORE construction works commence.

Any discrepancies or problems of interpretation of boundary lines shall be resolved amongst all interested parties BEFORE works commence.

Failure to comply with this information could lead to civil action being brought against the developer by aggrieved parties.

2. The applicant / developer is advised to liaise with Hyder Consulting Ltd (Network Development Consultants - Southern, Tel 01443 331155) in relation to any connections to the public sewer and/or to any works which affect the line of or are in close proximity to existing public sewers.

3. The developer shall obtain all other necessary consents BEFORE works commence including BUILDING REGULATION approval.

4. A site investigation regarding the potential contamination of the northern boundary of the site is recommended, as the contiguous land formed part of a railway line.

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Application No. Date Determining Authority P/06/0633 23rd November 2006 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Erection of new building Leisure Centre And Atlantic Property comprising ten pin bowling suite, Surrounding Land Developments Plc 9 screen cinema and restaurant, Rhydycar c/o Mr G Welch and associated car parking and Merthyr Tydfil Hing & Jones Limited site infrastructure Neville House 42-46 Hagley Road Edgebaston

APPLICATION SITE

This planning application relates to the Rhydycar Leisure Centre and Bowls Club complex located at Rhydycar, southwest of the Central Area. The site accommodates the Leisure Centre building, the Bowls Club building, the two football pitches and associated car parking and servicing areas. The site has an area of approximately 7.94 hectares (19.60 acres) and is bounded by the River Taff to the east, the Rhydycar Link Road to the west and the former Taff Vale railway line / open land to the south.

PLANNING HISTORY

18 th May 2005 Outline planning consent granted to erect a new leisure centre, bowls club, cinema, hotels, family pub and café/sandwich bar on the site (Planning Ref 04/0631).

21 st Aug 2006 Outline planning consent granted to erect a new leisure centre, bowls club, hotel, backpackers hotel, cinema, 10 pin bowling complex, pub, restaurant and residential units on the site (Planning Ref 06/0242).

22 nd Dec 2006 Full planning consent granted to erect a new leisure centre and associated car parking on the site (06/0585).

PROPOSED DEVELOPMENT

This planning application seeks full planning permission to erect a building on the site to accommodate a ten pin bowling suite, 9 screen cinema and restaurant. The proposed building will compliment the proposed leisure centre building, the application for which was presented to Committee on the 20 th December 2006. The proposed scheme subject of this report also involves the creation of the internal access roads and parking facilities that will serve the new cinema, ten pin bowling and restaurant building and the other future commercial developments proposed for the site.

The proposed leisure centre building has an irregular footprint, having a maximum depth of 60m and a maximum width of 110m. The building is of a modern form and design and is to be constructed from a combination of glazed panels, aluminium cladding and architectural masonary blocks. The proposed building is comprised of three main components. The two main components of the building accommodate the ten pin bowling suite and the cinema, whilst the smaller but central component of the building accommodates the restaurant. The majority of the building features curved roofs (covered in an aluminium finish) with a maximum height of 11.6m. The proposed building is to be located within the eastern sector of the site and will lie adjacent to the proposed new leisure centre. The orientation and design of the building is such that its main (entrance) elevations front onto the remainder of the site, whilst its rear elevation looks in the direction of the River Taff.

The proposed ten pin bowling suite will accommodate 18 lanes, a grill/refreshment area, a bar/lounge area and toilet facilities. The cinema accommodates 9 screens ranging in size from a maximum of 341 seats (including 6 disables spaces) to a minimum of 73 seats (including 2 disabled spaces). The cinema also includes a confectionary sales area.

Vehicular access to the site is proposed off the traffic island (roundabout) that currently serves the site. This is the only point of vehicular access serving the site. A total number of 846 parking spaces are proposed, although it should be noted that these spaces are intended to serve the overall development proposed for the site and not just the cinema, ten pin bowling and restaurant building. These 846 spaces are spread throughout the site and are to be interspersed with landscaping. The internal access roads are to be surfaced in tarmacadam, whilst the parking spaces are to be surfaced in blockwork. The proposed layout also makes provision for a bus stop within the site, near its entrance.

CONSULTATION

Following the receipt of this application, the following bodies/organisations listed below were consulted. Their responses are listed

Internal

• Head of Engineering - No objection

• Head of Env Health - No objection

• Head of Regeneration - No response

• Head of Estates - No response

• Head of Leisure/Amenities - No response

External

• Environment Agency - No response

• Glamorgan Gwent Archaeological Trust - No response

• Countryside Council for Wales - No response

• Sports Council for Wales - No objection

• Fire Service - No objection

• Western Power Distribution - No objection

• Wales & West Utilities - No objection

• Welsh Water - No objection

• Police - No response

PUBLICITY

Five site notices were displayed within the vicinity of the site and a press notice placed in the Merthyr Express. Following this extensive consultation exercise no representations were received.

POLICY CONTEXT

The site is specifically allocated for leisure based development within the Merthyr Tydfil Borough Local Plan. Accordingly, as the proposal relates to the creation of a cinema, ten pin bowling and restaurant building, it complies with the Local Plan allocation.

There are several Development Plan Policies which are relevant to the consideration of this application. Such Structure Plan and Local Plan Policies are listed below. A Development Brief for the site was also compiled by the Planning Division in 2002. The contents of this Development Brief are also briefly explained below. National Government Guidance contained within Technical Advice Note 15: Development and Flood Risk is also referred to below, due to the proximity of the site to the River Taff.

Mid Glamorgan (Merthyr Tydfil County Borough) Replacement Structure Plan 1991 2006 Policies .

Policy L1

DEVELOPMENT PROPOSALS FOR THE PROVISION OF LEISURE BASED FACILITIES OR ACCOMMODATION (INCLUDING RELEVANT FARM DIVERSIFICATION SCHEMES), WILL BE PERMITTED SUBJECT TO THE FOLLOWING CRITERIA:-

• WHERE A COUNTRYSIDE LOCATION IS INVOLVED, IT CAN BE SHOWN THAT SUCH A LOCATION IS APPROPRIATE TO THE PROPOSAL.

• DAMAGE OR DISTURBANCE TO THE ENVIRONMENT CAN BE REDUCED TO ACCEPTABLE LEVELS.

• THE PROPOSAL DOES NOT CONFLICT WITH THE MAINTENANCE OF FARM VIABILITY AND THE PROTECTION OF THE BEST QUALITY AGRICULTURAL LAND, PARTICULARLY WHERE FARM DIVERSIFICATION IS INVOLVED.

• THE PROPOSAL DOES NOT CONFLICT WITH TRANSPORTATION CONSIDERATIONS INCLUDING PARKING TRAFFIC GENERATION AND ACCESS.

• ACCESSIBILITY TO PUBLIC TRANSPORT IS CONSIDERED APPROPRIATE FOR THE NATURE OF THE PROPOSAL.

• THE AVAILABILITY OF IDENTIFIED MINERAL RESOURCES OR RESERVES IS NOT STERILISED.

• THE PROPOSAL IS WELL RELATED TO SURROUNDING URBAN SETTLEMENT WHERE RELEVANT.

• THE PROPOSAL IS COMPATIBLE WITH THE MAINTENANCE OF LOCAL AMENITY.

Policy L3

LEISURE BASED DEVELOPMENTS WITHIN SETTLEMENT AREAS, OR ADJACENT TO THEM WHERE NO SUITABLE ALTERNATIVE SITES ARE AVAILABLE WITHIN THE BUILT UP AREA WILL BE FAVOURED.

Policy L4

DEVELOPMENT WHICH SATISFIES THE NEEDS FOR LOCAL LEISURE FACILITIES FROM ALL SECTIONS OF THE COMMUNITY WILL BE FAVOURED. PRIORITY FOR THE PROVISION OF MAJOR LOCAL LEISURE FACILITIES WILL TAKE INTO CONSIDERATION THE LEVEL OF UNSATISFIED DEMAND FOR THOSE FACILITIES.

Merthyr Tydfil Borough Local Plan Policies

POLICY LRT 1

DEVELOPMENT PROPOSALS FOR ADDITIONAL LEISURE FACILITIES AT RHYDYCAR LEISURE CENTRE WILL BE PERMITTED SUBJECT TO CONSIDERATION AGAINST THE FOLLOWING CRITERIA:-

- THE ADDITIONAL FACILITIES MUST ENLARGE UPON AND COMPLEMENT THE EXISTING PROVISION AT RHYDYCAR LEISURE CENTRE.

- THE PROPOSAL DOES NOT CONFLICT WITH TRANSPORTATION CONSIDERATIONS INCLUDING PARKING, TRAFFIC GENERATION, ACCESS AND ACCESSIBILITY TO PUBLIC TRANSPORT.

- THE PROPOSAL HAS REGARD TO THE PROVISIONS OF POLICY NH7 REGARDING THE WATER ENVIRONMENT.

POLICY LRT 4

DEVELOPMENT PROPOSALS FOR THE PROVISION OF COMPREHENSIVE LEISURE FACILITIES WILL BE PERMITTED SUBJECT TO CONSIDERATION AGAINST THE FOLLOWING CRITERIA:-

- THE PROPOSAL DOES NOT HAVE AN UNACCEPTABLE IMPACT ON THE CHARACTER AND AMENITY OF THE IMMEDIATE NEIGHBOURHOOD.

- THE PROPOSAL DOES NOT HAVE AN UNACCEPTABLE IMPACT ON THE CHARACTER, AMENITY AND LANDSCAPE QUALITY OF THE AREA, INCLUDING THE NEED TO RETAIN FEATURES OF WATER, WILDLIFE, NATURE CONSERVATION INTERESTS AND HISTORICAL INTERESTS IDENTIFIED DURING THE ASSESSMENT AND DESIGN OF THE SCHEME.

- THE PROPOSAL DOES NOT HAVE AN UNACCEPTABLE IMPACT ON THE RIGHTS OF WAY NETWORK AND OTHER FORMS OF PUBLIC ACCESS TO THE COUNTRYSIDE.

- THE PROPOSAL DOES NOT CONFLICT WITH TRANSPORTATION CONSIDERATIONS INCLUDING CAR PARKING, TRAFFIC GENERATION, ACCESS AND ACCESSIBILITY TO PUBLIC TRANSPORT.

- THE PROPOSAL HAS REGARD TO THE PROVISION OF POLICY NH7 REGARDING THE WATER ENVIRONMENT.

Development Brief

The Planning Division compiled a Development Brief for the site in 2002. In essence, the Development Brief lists a number of uses which are considered acceptable for the site, and also lists a number of uses which are considered to be inappropriate for a variety of reasons.

The uses which are considered to be acceptable (as advocated by the Development Brief) include the following:- a ten pin bowling alley, gym and fitness centre, multiplex cinema, swimming pool, tennis centre, family based theme pub, night club, hotel and ancillary food and drink facilities such as restaurants/coffee shops etc.

The uses which the Development Brief advocates would be unacceptable to the site are retail units; drive thru fast food facilities; residential developments; financial and professional services (such as banks, estate agents and betting offices) and business, general industrial, storage and distribution units (B1, B2 and B8 uses).

Planning Policy Wales - Technical Advice Note 15 : Development and Flood Risk (July 2004)

The site is located alongside the River Taff. The contents of TAN 15 are therefore relevant to the determination of this application.

The general objective of the advice contained within TAN 15 is to direct new development away from areas which are at high risk of flooding. Areas at high risk of flooding are identified by Development Advice Maps compiled by the Welsh Assembly, which supplement the advice contained within TAN 15. In essence these DAMs zone differing areas into categories, depending on risk of flooding. Areas defined by Zone A are considered to be at little or no risk of flooding. Zone B areas are identified as areas known to have been flooded in the past evidenced by sedimentary deposits. Zone C1 areas are classed as areas of floodplain which are developed and served by significant infrastructure, including flood defences. The final zone is Zone C2 and is identified as areas of floodplain without significant flood defence infrastructure.

In this particular instance the DAMs identify the majority of the site as falling within a Zone B, whilst the sector of the site which runs parallel to the River Taff as being a C2 Zone.

PLANNING CONSIDERATIONS

The primary considerations in the determination of this application have been listed and referred to below under a variety of subject-headings.

Land Use considerations

The principle of developing the site for a range of leisure based activities (including a leisure centre, pub, restaurant, hotels, cinema, bowls club and 10 pin bowling complex) is already established by virtue of the previously approved outline planning consents referred to in the ‘Planning History’ section of this report. Accordingly the proposed erection of a new cinema, ten pin bowling and restaurant building (and associated infrastructure) on the site is considered acceptable in land use terms. It should also be noted that the proposal complies with the Local Plan’s allocation of the site for leisure development.

The proposal is well related to existing nearby urban areas, and will compliment the Town Centre. The proposed development will also compliment the facilities to be offered by the proposed new leisure centre building. The car parking layout is also considered to be an improvement on the existing situation. In addition I do not consider that there are any local residents or other business occupiers etc. who will be adversely affected by the proposed scheme. I therefore consider that in land use terms the proposal is broadly acceptable.

Highways/Transportation Considerations

The application site is located adjacent to the Town Centre and in close proximity to the strategic highway network - the A470(T) and the A4054. It is therefore considered that there is an excellent highway network serving the site. In this respect it should also be noted that the Head of Engineering has not raised any objection to the proposal on highway/transportation terms.

Due to its location at the south-western gateway to the Town Centre, the application site is located within an approximately 5/6 minutes walk of the railway station (and proposed Integrated Transport System). The proposed layout of the site also makes provision for a bus stop within the application site. In this respect it is considered that the proposed development supports the principles of sustainability, as it will encourage the use of public transport and is therefore capable of serving the residents of the County Borough and the Region.

I am satisfied with the layout of the proposed internal access roads and car parking facilities, and the number of car parking spaces proposed. I am also satisfied that the means of access serving the site (both vehicular and pedestrian) are acceptable in highway safety terms, and that the pedestrian routes/links contained within the site do not create a conflict between pedestrian and vehicular movements. In these respects I am mindful that the Head of Engineering has raised no objection to the proposed scheme.

Visual Impact

The proposed building is a large structure, with a modern form and design. Whilst it is acknowledged that the building is of a large scale, it is considered that given the size of the overall site and the functions that the building will perform, it will not represent a structure that will dominate the site or detract from the visual amenities of the area. In essence, the building is of a size that is commonly associated with new cinema and ten pin bowling complexes. I am also satisfied with the design and general appearance of the proposed building, particularly as it is similar to the design, general appearance and size of the proposed leisure centre building. I am also mindful that the scale and general appearance of the proposed building is somewhat replicated at several nearby sites, including the T- Mobile Call Centre and the newly constructed National Assembly for Wales Regional Offices.

Whilst a high portion of the site will comprise a large car parking area, the visual impact of such a large area of surfacing will be mitigated and softened by the implementation of a landscaping scheme.

Ecological Considerations

An ecological survey of the application site was carried out by the applicant’s agent in December 2004 and submitted to the Local Planning Authority in support of the previous planning applications. The contents of this ecological survey are however still applicable.

The ecological survey assessed the potential for bats, otters and breeding birds at the site, and identified any potential development constraints consequent upon the presence of these species.

The survey found that the ecological interest at the site is largely restricted to the site perimeter, with amenity grass (sports pitches) and car parks covering a large proportion of the site. The survey found a number of differing species of breeding birds at the site. Such birds will obviously be adversely affected if the site is cleared during the breeding season. Accordingly, a condition will be attached to any consent granted for the proposed development which limits the clearance of vegetation to times of the year when breeding does not occur.

The survey did not find any evidence of bats or bat roosts at the site, although the survey advised that occasional use by single bats between spring and autumn could not be completely discounted. In this it is suggested that a further bat survey of the site be undertaken before works commence. This matter will be addressed by attaching an appropriately worded condition to any planning consent granted for the proposal.

The survey did however find evidence of otters using the stretch of river adjacent to the application site. However the survey suggests that otters do not spend much time on this stretch of the river, whilst no evidence of an otter rest-site was found. It is therefore considered that a further otter survey of the river should be undertaken before works commence. This matter will again be addressed by attaching an appropriately worded condition to any planning consent granted for the proposal.

Risk of Flooding

Areas at high risk of flooding are identified by Development Advice Maps (DAMs) compiled by the Welsh Assembly, which supplements the advice contained within TAN 15 Development and Flood Risk.

In this particular case, the DAMs identify the majority of the site as falling within a B Zone, whilst the sector of the site which runs parallel to the River Taff as being a C2 Zone. TAN 15 advises that Zone B areas are generally suitable for most forms of development and are unlikely to create problems that cannot be overcome or managed to an unacceptable level. However, TAN 15 advises that areas falling within a C2 Zone are not acceptable for ‘highly vulnerable developments’ and hence applications for such shall be refused. ‘Highly vulnerable developments’ include (amongst others) hotels, leisure centres and other public buildings.

A ‘Flood Study’ of the site was submitted as part of the previous applications, but is still applicable to the determination of this application. In essence, this Flood Study demonstrates that the main sector of the site that runs alongside the River Taff has incorrectly been classified as a C2 Zone by the DAMs. Following the previous consideration of the Flood Study, the Environment Agency and the Council’s Drainage Engineers have agreed the contents of the Flood Study are acceptable. Whilst the Flood Study advises that a small section of the site (the northern corner) should actually be classed as a C2 Zone, the proposed building is not located on this sector of the site. Accordingly the proposal does not conflict with the advice contained within TAN 15.

CONCLUSION

I am of the opinion that the proposed scheme is generally acceptable in planning terms. Whilst the loss of the two existing playing fields is regrettable, it should be noted that the Authority is in the process of constructing two replacement football pitches on land at Pantyffyn Road, Penyard. I am fully supportive of the economic benefits and job opportunities which the proposed development has the potential to create. I am also of the opinion that the scheme will provide excellent leisure based facilities for not only residents of the County Borough but also to the Region. The proposed development will also enjoy the benefits of an excellent highway network and easy access to the Region’s public transport system.

Accordingly in the absence of any objections from consultees or other third parties, I recommend that the application be approved subject to conditions similar to those imposed on the previous outline consent.

RECOMMENDATION: BE APPROVED subject to the following CONDITIONS:

1. NO DEVELOPMENT shall take place until a structural design certificate, completed and signed by a Chartered Engineer, and a scheme to deal with existing ground conditions has been submitted to and approved in writing by the Local Planning Authority. The Certificate shall certify that appropriate site investigations have been carried out at the site. The scheme shall include an investigation and assessment to identify those precautions or measures deemed to be required in the design and construction of the proposed development in order to minimise any damage which might arise as a result of ground conditions.

Reason - To ascertain the stability of the site and to determine the structural suitability of the development thereon in view of prevailing ground conditions.

2. The scheme as approved in Condition 2 above shall be fully incorporated in the design and construction of the proposed development.

Reason - To ensure that no development is undertaken which may be prejudiced by existing ground conditions.

3. The proposed building hereby approved shall be constructed above the 1 in 1000 year floor level of 164.4m AOD.

Reason - To prohibit the flooding of the site/proposed built development.

4. No development approved by this consent shall be commenced until a detailed method statement describing the works to be undertaken and details of any necessary pollution prevention measures during the construction phase has been submitted to and agreed in writing by the Local Planning Authority. Such details as may be approved in writing by the Local Planning Authority shall be implemented in full before/during the course of construction works.

Reason - To prevent pollution of the water environment.

5. No development shall take place until the applicant/developer, has secured the implementation of a programme of archaeological investigation with and a method of recording any archaeological features, in accordance with a written scheme which shall be submitted to and approved in writing by the Local Planning Authority.

Reason - To identify and record any features of archaeological interest discovered during the works.

6. No clearance of trees or scrub shall take place between 1st February and 31st August (inclusive) in any year.

Reason - To protect breeding birds

7. Cleared native vegetation shall be replaced by equivalent planting of native species of local provenance.

Reason - To ensure continued bat foraging areas/corridors.

8. A further otter survey of the potential rest site (adjacent to the site) shall be carried out by a suitably qualified ecologist and submitted to the Local Planning Authority, between 10 and 14 weeks before the commencement of any potential disturbance works.

Reason - To ensure that any works do not disturb an otter rest site, without a licence from the National Assembly for Wales.

9. Prior to the commencement of the development, an Environmental Management Plan (EMP) relating to the protection of adjacent otter habitats shall be submitted for the written approval of the Local Planning Authority. The EMP shall be implemented in accordance with the approved scheme.

Reason - To protect the environment.

10. No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping. Where applicable it shall indicate all existing trees and or/hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development. Such details shall also be accompanied by a schedule of landscape maintenance for a minimum period of five years .

Reason - To ensure the development contributes towards the landscape quality and appearance of the site and surrounding area.

11. The landscaping scheme as approved shall be carried out in the first planting season following the occupation of the buildings or the completion of the development, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with other of similar size and species, unless the Local Planning Authority gives written consent to any variation.

Reason - To ensure the landscaping scheme as approved is implemented and maintained in a satisfactory manner.

12. BEFORE works commence on site details of the means of foul and surface water drainage shall be submitted to and approved by the Local Planning Authority in writing and such works as may be approved shall be implemented in full prior to the beneficial use of the proposed building.

Reason - To ensure the development meets with current drainage/engineering requirements.

13. BEFORE the development hereby approved commences on site, a site investigation to determine the nature and extent of contamination shall be undertaken, and the results provided to the Local Planning Authority in the form of a risk assessment. If the site investigation results indicate that the site is contaminated, a scheme of remediation works shall be submitted to and approved by the Local Planning Authority in writing. The scheme as approved shall be fully implemented and completed BEFORE the development hereby approved commences on site.

Reason - To ensure any contaminated soil or material is addressed and dealt with in an appropriate manner, in the public interest and in the interests of the future occupiers of the dwelling hereby approved.

14. The proposed internal access roads, service/delivery areas, turning areas and parking spaces shall be surfaced in durable materials in accordance with full constructional details (including details relating to horizontal and vertical alignment) before the proposed building hereby approved is brought into beneficial use.

Reason - To ensure the development meets current highway/engineering requirements.

15. BEFORE the building hereby approved is brought into beneficial use full details of any retaining wall which exceeds 1 metre in height which is necessitated by this development including structural calculations and facing materials shall be submitted to and approved in writing by the Local Planning Authority. All works subsequently carried out shall be undertaken in strict accordance with such approved details and shall be completed BEFORE the building hereby approved is brought into beneficial use.

Reason - To ensure the development meets current engineering requirements.

16. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through an oil interceptor designed and constructed to have a capacity and details compatible with the site being drained. Roof water shall not pass through the interceptor.

Reason - To prevent pollution of the water environment.

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Application No. Date Determining Authority P/06/0649 4th December 2006 MTCBC

Proposed Development Location Name & Address of Applicant/Agent

Erection of single storey Brecon Road Infant Merthyr Tydfil County extension School Borough Council Norman Terrace c/o B M Mills Merthyr Tydfil Atkins Ltd CF47 8SD Longcross Court 47 Newport Road Cardiff

APPLICATION DETAILS / SITE ANALYSIS

This is a full application for the erection of a single storey extension at the rear of Brecon Road Infants School. The extension is proposed to be 30 metres long, 8.4 metres wide and 5.7 metres high to the roof ridge from the adjacent highway. The extension is proposed to have a mono pitched roof that slopes away from the highway. The extension is to be built on the rear elevation of the school and will back onto a rear access lane serving garages. Furthermore, the application includes the installation of a wire mesh fencing and gate to enclose the neighbouring yard.

PLANNING HISTORY

There is no relevant planning history that needs to be considered to determine this application.

PUBLICITY

In accordance with the General Development Procedure Order, letters were sent to the neighbours at No. 1 – 10 Cromwell Street and 1 & 2 Dane Street on 11.12.2006. A site notice was also displayed on 12.12.06. No objections to the proposal were received.

CONSULTATION

• The following bodies were consulted and their comments are presented below:

• Head of Engineering - No objections, subject to conditions.

• Public Protection Officer - No objections.

• Hyder - No response received.

• Environment Agency Officer - No objections.

• Fire Officer - No response received.

• Swalec - No response received.

• Wales Gas - No response received.

POLICY CONTEXT

There are no relevant policies within the adopted Structure Plan or Local Plan that need to be considered in determining this application. The application will be determined on its own merit.

PLANNING CONSIDERATION

The main considerations in the determination of this application relate to the proposed design of the extension and the possible impact on the adjacent highway and neighbouring occupiers.

Design:

While the elevation fronting the rear access lane serving the garages will present an increase in height to the existing boundary wall and will create a large blank surface area, it is considered that the use of different materials will help reduce the monotonous impact of the existing rear elevation. The roof design, with a slope downwards towards the host building, is deemed acceptable and ensures that the school’s existing windows are not obstructed. While matching roof tiles would be preferred to complement the host building, it is considered that the roof will not be wholly visible from the main highway, therefore, reducing the impact on the character of the area. Furthermore, it is considered that the proposed extension will not have an adverse impact to the character of the area in general.

Highway:

The application proposes to retain a small yard to the side of the extension, which is currently being used to park cars and store bins. It is considered that the extension will not have an adverse impact to the adjacent rear access lane or main road to the north.

Neighbours:

It is considered that the proposed extension would not have an adverse impact on the living conditions of neighbouring local residents, particularly in terms of any overlooking or overshadowing. In this respect it should be noted that no objections have been received from local residents.

Accordingly, the following recommendation is made:

RECOMMENDATION: BE APPROVED subject to the following CONDITION:

1. BEFORE construction works commence full details of any retaining wall which exceeds 1 metre in height which is necessitated by this development including structural calculations and facing materials shall be submitted to and approved in writing by the Local Planning Authority. All works subsequently carried out shall be undertaken in strict accordance with such approved details and shall be completed BEFORE the development hereby approved is brought into beneficial use.

Reason - To ensure the development meets current engineering requirements.

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