City and County of Swansea Area 2 Development Control Committee

CITY AND COUNTY OF SWANSEA

NOTICE OF MEETING

You are invited to attend a Meeting of the

AREA 2 DEVELOPMENT CONTROL COMMITTEE

At: Council Chamber, Guildhal l, Swansea.

PLEASE NOTE VENUE OF MEETING

On: Tuesday, 14 January 2014

Time: 2.00 pm

Members are asked to contact Ryan Thomas (Planning Control Manager) on 635731 should they wish to have submitted plans and other images of any of the applications on this agenda to be available for display at the Committee meeting.

AGENDA

Page No.

1 To receive Apologies for Absence.

2 To receive Disclosures of Personal and Prejudicial Interests from 1 - 2 Members.

3 To approve as a correct record the Minutes of the meeting of the 3 - 9 Area 2 Development Control Committee held on 10 December 2013.

4 Items for deferral / withdrawal.

5 Determination of planning applications under the Town and 10 - 66 Country Planning Act 1990.

Patrick Arran Head of Legal, Democratic Services & Procurement Tuesday 7 January 2014 Contact: Democratic Services - 636824

ACCESS TO INFORMATION LOCAL GOVERNMENT ACT 1972 (SECTION 100) (AS AMENDED)

(NOTE: The documents and files used in the preparation of this Schedule of Planning Applications are identified in the ‘Background Information’ Section of each report. The Application files will be available in the committee room for half an hour before the start of the meeting, to enable Members to inspect the contents).

Agenda Item 2 Disclosures of Interest

To receive Disclosures of Interest from Councillors and Officers

Councillors

Councillors Interests are made in accordance with the provisions of the Code of Conduct adopted by the City and County of Swansea. You must disclose orally to the meeting the existence and nature of that interest.

NOTE: You are requested to identify the Agenda Item / Minute No. / Planning Application No. and Subject Matter to which that interest relates and to enter all declared interests on the sheet provided for that purpose at the meeting.

1. If you have a Personal Interest as set out in Paragraph 10 of the Code, you MAY STAY, SPEAK AND VOTE unless it is also a Prejudicial Interest.

2. If you have a Personal Interest which is also a Prejudicial Interest as set out in Paragraph 12 of the Code, then subject to point 3 below, you MUST WITHDRAW from the meeting (unless you have obtained a dispensation from the Authority’s Standards Committee)

3. Where you have a Prejudicial Interest you may attend the meeting but only for the purpose of making representations, answering questions or giving evidence relating to the business, provided that the public are also allowed to attend the meeting for the same purpose, whether under a statutory right or otherwise. In such a case, you must withdraw from the meeting immediately after the period for making representations, answering questions, or giving evidence relating to the business has ended , and in any event before further consideration of the business begins, whether or not the public are allowed to remain in attendance for such consideration (Paragraph 14 of the Code).

4. Where you have agreement from the Monitoring Officer that the information relating to your Personal Interest is sensitive information , as set out in Paragraph 16 of the Code of Conduct, your obligation to disclose such information is replaced with an obligation to disclose the existence of a personal interest and to confirm that the Monitoring Officer has agreed that the nature of such personal interest is sensitive information.

5. If you are relying on a grant of a dispensation by the Standards Committee, you must, before the matter is under consideration:

i) Disclose orally both the interest concerned and the existence of the dispensation; and ii) Before or immediately after the close of the meeting give written notification to the Authority containing:

E:\moderngov\Data\AgendaItemDocs\5\3\4\AI00006435\$lgynnjjr.docPage 1 a) Details of the prejudicial interest; b) Details of the business to which the prejudicial interest relates; c) Details of, and the date on which, the dispensation was granted; and d) Your signature

Officers

Financial Interests

1. If an Officer has a financial interest in any matter which arises for decision at any meeting to which the Officer is reporting or at which the Officer is in attendance involving any member of the Council and /or any third party the Officer shall declare an interest in that matter and take no part in the consideration or determination of the matter and shall withdraw from the meeting while that matter is considered. Any such declaration made in a meeting of a constitutional body shall be recorded in the minutes of that meeting. No Officer shall make a report to a meeting for a decision to be made on any matter in which s/he has a financial interest.

2. A “financial interest” is defined as any interest affecting the financial position of the Officer, either to his/her benefit or to his/her detriment. It also includes an interest on the same basis for any member of the Officers family or a close friend and any company firm or business from which an Officer or a member of his/her family receives any remuneration. There is no financial interest for an Officer where a decision on a report affects all of the Officers of the Council or all of the officers in a Department or Service.

E:\moderngov\Data\AgendaItemDocs\5\3\4\AI00006435\$lgynnjjr.docPage 2 Agenda Item 3 CITY AND COUNTY OF SWANSEA

MINUTES OF THE AREA 2 DEVELOPMENT CONTROL COMMITTEE

HELD ON TUESDAY 10 DECEMBER 2013 AT THE CIVIC CENTRE, SWANSEA AT 2.00 P.M.

PRESENT : Councillor R Francis-Davies (Chair) presided

Councillor(s) : Councillor(s) : Councillor(s) :

J E Burtonshaw S M Jones J A Raynor A C S Colburn D J Lewis T H Rees D W Cole R D Lewis J C Richards A M Cook P Lloyd R V Smith W Evans K E Marsh M Theaker E W Fitzgerald J Newbury C M R W D Thomas L James G Owens D W W Thomas M H Jones C L Philpott M Thomas

41. CONDOLENCES - MRS MARGARET WESTON

The Chair reported with great sadness on the recent sudden death of Mrs Margaret Weston, Principal Planning Officer.

He indicated Mrs Weston had worked with Members for many years on both Area 1 and Area 2 Committees.

All present stood in silence as a mark of sympathy and respect.

42. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors J C Bayliss, N S Bradley, M C Child, R A Clay, J P Curtice, Y V Jardine, A J Jones and G J Tanner.

43. DISCLOSURES OF PERSONAL AND PREJUDICIAL INTERESTS

In accordance with the provisions of the Code of Conduct adopted by the City and County of Swansea, the following interests were declared:

Councillor A C S Colburn - Minute No. 46 - personal - Planning Application No. 2013/1292 (Item 4) - Application made by my dentist.

Councillor L James - Minute No. 46 - personal - Planning Application Nos. 2013/1067, 2013/1491, 2013/1292, 2013/0467, 2013/1460 (Items 2, 3, 4, 6 and 9) as member of the Gower Society.

Councillor S Jones - Minute No. 46 - personal - Planning Application No. 2013/1467 (Item 2) - I have a friend that lives next door.

Page 3 Minutes of the Area 2 Development Control Committee (10.12.2013) Cont’d

Councillor J Newbury - Minute No. 46 - personal and prejudicial - Planning Application No. 2013/0261 (Item 1) - Member of Loughor RFC and left prior to discussion.

Councillor R V Smith - Minute No. 46 - personal - Planning Application No. 2013/0261 (Item 1) - Chair of Governors at YGG Pontybrenin.

44. MINUTES

RESOLVED that the amended circulated Minutes of the meeting of the Area 2 Development Control Committee held on 12 November be agreed as a correct record.

45. ITEMS FOR DEFERRAL/WITHDRAWAL

The undermentioned planning applications BE DEFERRED for the reason outlined below:

(Item 5) Application No. 2013/1366

Retention and completion of replacement dwelling (amendment to planning permission 2011/1339 granted 28 March 2013) at 27 Slade Road, Newton, Swansea.

Reason

To allow further clarification on the height of the dwelling.

46. DETERMINATION OF PLANNING APPLICATIONS UNDER THE TOWN AND COUNTRY PLANNING ACT 1990

The Planning Control Manager submitted a schedule of planning applications. Amendments to this schedule were reported and are indicated below by (#).

RESOLVED that:

(1) the undermentioned planning applications BE APPROVED subject to the conditions in the report and/or indicated below:

(#) (Item 1) Application No. 2013/0261

Construction of 106 residential units and associated works, including a new access spine road, public open space, recreational space, surface water attenuation ponds and reed bed, and public footpath linking onto Waun Road at Land at Cae Duke, Loughor Road, Loughor, Swansea.

Page 4 Minutes of the Area 2 Development Control Committee (10.12.2013) Cont’d

(NOTE : x A visual presentation was given.

x Mr Halmkan (objector) and Mr Baxter (agent) addressed the Committee.

x Report updated as follows:

Page 32 - Appraisal - delete last sentence of first paragraph.

Amend condition 35 as follows: Reference to condition 32 should read 31.

Page 32, APPRAISAL: delete last sentence of first paragraph.

Late letter of objection reported.

Late letter from Loughor RFC reported regarding land ownership.

x Approved subject to the following amendments to the requirements of the Section 106 Obligation and the additional condition below:

Recommendation, bullet point 4 should read: Management plans for the future maintenance and management of the attenuation ponds and the maintenance, management and public access to the public open space and the local area of play (LAP).

Condition

During the course of construction there shall be no vehicular access between the site and Waun Road.

Reason

In the interests of residential amenity and highway safety.)

Page 5 Minutes of the Area 2 Development Control Committee (10.12.2013) Cont’d

(Item 3) Application No. 2013/1491

Retention and completion of replacement stable block including additional agricultural storage facility at College Mill, Llangennith, Swansea.

(#) (Item 6) Application No. 2013/0467

Residential development consisting of up to 24 dwellings (outline) including the demolition of existing buildings at Former Bible College, Derwen Fawr Road, Swansea.

(NOTE : x Mrs Baddeley (agent) addressed the Committee

x Amended/additional conditions added as follows: APPROVE, subject to the following conditions and the application entering into a Section 106 Planning Obligation to provide: six affordable housing units on the site, a highways contribution of £56,470 to be paid prior to the occupation of the first dwelling and an education contribution of £133,836. The details regarding the phased payments (trigger points) of the education contribution are to be agreed with the developer.

x Condition 4 - delete “Unless otherwise agreed in writing by the Local Planning Authority”.

x Condition 38 and 39 - amend reasons to read as follows: “To ensure the protection of retained trees, including particularly high profile trees, on site during construction works and to ensure that the essential character of the area is maintained.”

x Condition 41 - add sentence at end: “As a minimum all replacement trees shall be of a standard size.”

Page 6 Minutes of the Area 2 Development Control Committee (10.12.2013) Cont’d

x Condition 44 - first sentence delete: “Unless otherwise agreed in writing by the Local Planning Authority.”

(#) (Item 7) Application No. 2013/1121

Single storey side/rear extension, rear and side roof extension incorporating one rear dormer, one side dormer on the south west elevation and 2 side dormers on the north east elevation at 18 Lon Teify, Cockett, Swansea.

(NOTE : Request from applicant to defer application reported.)

(#) (Item 8) Application No. 2013/1300

Two detached dwellings (variation of condition 01 of planning permission 2005/1908 granted at appeal 12/02/2009 to extend the period of time for a further 5 years to commence works) at 79 Mumbles Road, West Cross, Swansea.

(NOTE : Further late letters of objection reported.)

(2) the undermentioned planning applications BE REFUSED for the reasons indicated in the report and / or indicated below:

(Item 2) Application No. 2013/1067

Retention of change of use of existing outbuilding to ancillary living accommodation at Ash Grove, Vicarage Lane, Llangennith, Swansea.

(NOTE : Application refused contrary to officer recommendation for the following reason:

Reason

The proposed residential unit would represent an over intensive and inappropriate form of development at this countryside location within the Llangennith Conservation Area and Gower AONB contrary to the provisions of Policy EV9, EV16 and EV26 of the City and County of Swansea Unitary Development Plan (2008).)

Page 7 Minutes of the Area 2 Development Control Committee (10.12.2013) Cont’d

(#) (Item 4) Application No. 2013/1292

Replacement detached dwelling at Heritage Acres, Penmaen, Swansea.

(NOTE : x A visual presentation was given.

x Mr Howells and Mr Ponting (objectors) and Mr Morris (agent) addressed the Committee.

x Late letter of objection from Gower Society reported.

x Late petition of objection containing 35 signatures reported.

x Two additional late letters of objection and one late letter of support reported.

x Report updated: Page 77, paragraph 5 - delete second sentence.

x Application refused contrary to officer recommendation for the following reason:

Reason

The proposal by virtue of its scale, modern design and materials would constitute an inappropriate, contrived and discordant feature which would be unsympathetic and detrimental to the character and appearance of the local context and the Gower AONB contrary to the provisions of Policy EV1, EV16, EV19, EV22 and EV 26 of the City and County of Swansea Unitary Development Plan (2008).)

Page 8 Minutes of the Area 2 Development Control Committee (10.12.2013) Cont’d

(Item 9) Application No. 2013/1460

Detached dwelling at Land opposite 9 Applegrove, Reynoldston.

(NOTE : x Late letter of objection from Reynoldston Community Council.

x Late letter of objection reported.)

The meeting ended at 4.20 p.m.

CHAIR

S: Area 2 Development Control Committee - 10 December 2013 (GB/EJF) 10 December 2013

Page 9 Agenda Item 5

CONTENTS

ITEM APP. NO. SITE LOCATION OFFICER REC.

1 2013/0491 Land adjacent to Hill Top Oxwich Swansea SA3 1LU APPROVE Detached dwelling

2 2013/1409 Hill Park Reynoldston Swansea SA3 1AQ REFUSE Increase in ridge height of garage to provide living accommodation first floor rear extension and covered canopy porch

3 2013/1322 Land adjacent to The Haven Horton Gower Swansea APPROVE SA3 1LB Construction of three detached dwellings and associated works

4 2013/1597 6A Glanmor Terrace, Penclawdd, Swansea, SA4 3YL REFUSE Change of use from office (Class A2) to a pizza takeaway (Class A3)

5 2013/1255 'The Hollies' Llanrhidian Swansea SA3 1ER APPROVE Replacement dwelling with free standing solar array, detached garage and associated landscaping

Page 10 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014 TWO STAGE VOTING

Where Members vote against officer recommendation, a two stage vote will apply. This is to ensure clarity and probity in decision making and to make decisions less vulnerable to legal challenge or awards of costs against the Council.

The first vote is taken on the officer recommendation.

Where the officer recommendation is for “approval” and Members resolve not to accept this recommendation, reasons for refusal should then be formulated and confirmed by means of a second vote.

The application will not be deemed to be refused unless and until reasons for refusal have been recorded and approved by Members. The reason(s) have to be lawful in planning terms. Officers will advise specifically on the lawfulness or otherwise of reasons and also the implications for the Council for possible costs against the Council in the event of an appeal and will recommend deferral in the event that there is a danger that the Council would be acting unreasonably in refusing the application.

Where the officer recommendation is for “refusal” and Members resolve not to accept this recommendation, appropriate conditions should then be debated and confirmed by means of a second vote. For reasons of probity, Member should also confirm reasons for approval which should also be lawful in planning terms. Officers will advise accordingly but will recommend deferral if more time is required to consider what conditions/obligations are required or if he/she considers a site visit should be held. If the application departs from the adopted development plan it (other than a number of policies listed on pages 89 and 90 of the Constitution) will need to be reported to Planning Committee and this report will include any appropriate conditions/obligations.

The application will not be deemed to be approved unless and until suitable conditions have been recorded and confirmed by means of a second vote.

Where Members are unable to reach agreement on reasons for refusal or appropriate conditions as detailed above, Members should resolve to defer the application for further consultation and receipt of appropriate planning and legal advice.

Page 11

CITY AND COUNTY OF SWANSEA 1. BISHOPSTON DINAS A SIR ABERTAWE 5. COCKETT

7. DUNVANT Report of the Head of Economic Regeneration 8. FAIRWOOD & Planning to the Chair and Members of the 9. GORSEINON Area 2 Development Control Committee 10. GOWER 11. GOWERTON 12. KILLAY NORTH DATE: 14 TH JANUARY 2014 13. KILLAY SOUTH 29 14. KINGSBRIDGE 18. LOWER LOUGHOR 20. MAYALS 9 27 35 23. NEWTON 18 24. OYSTERMOUTH 14 25. PENCLAWDD 27. PENLLERGAER 11 28. PENNARD 5 29. PENYRHEOL

Page 12 25 32. SKETTY 35. UPPER LOUGHOR 7 8 12 36. WEST CROSS

13 32

20 10 36 28 1 23 24

Phil Holmes BS(Hons), MSc, Dip Econ Head of Economic Regeneration & Planning

TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 1 APPLICATION NO. 2013/0491 WARD: Gower Area 2

Location: Land adjacent to Hill Top Oxwich Swansea SA3 1LU Proposal: Detached dwelling Applicant: Mr Dale Hall

Cottage

Hill Top Oxwich Green G Farmhouse re en wa y C B ot ry t n V Su iew nn ys ide

H 84.0m illc re Oxwich Green st Cherrywood Cottage Pepperbox Cottage Chapel House TCB

3 G LB S r h e e e l n te L r a n 4 e Oxwich Green Ho The Old Granary u Farm s e

The Cottage P a 1 t h ( u m ) Pond

S e a

ge V Rid i indy e W w Green Meadow Skysea Corner Stones

Green

NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright.

Page 13 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 1 (CONT’D) APPLICATION NO. 2013/0491

BACKGROUND INFORMATION

POLICIES Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).

Policy EV2 The siting of new development shall give preference to the use of previously developed land and have regard to the physical character and topography of the site and its surroundings. (City & County of Swansea Unitary Development Plan 2008).

Policy EV9 Development within or adjacent to a Conservation Area will only be permitted if it would preserve or enhance the character and appearance of the Conservation Area or its setting. (City & County of Swansea Unitary Development Plan 2008)

Policy EV26 Within the Gower AONB, the primary objective is the conservation and enhancement of the area's natural beauty. Development that would have a material adverse effect on the natural beauty, wildlife and cultural heritage of the AONB will not be permitted. (City & County of Swansea Unitary Development Plan 2008)

Policy EV16 Within the small villages identified on the Proposals Map, small-scale development will be approved only where it is appropriate to the location in terms of the defined criteria. (City & County of Swansea Unitary Development Plan 2008)

Policy EV33 Planning permission will normally only be granted where development can be served by the public mains sewer or, where this system is inadequate, satisfactory improvements can be provided prior to the development becoming operational. (City & County of Swansea Unitary Development Plan 2008)

Policy EV30 Protection and improved management of woodlands, trees and hedgerows which are important for their visual amenity, historic environment, natural heritage, and/or recreation value will be encouraged. (City & County of Swansea Unitary Development Plan 2008)

Policy AS6 Provision of car parking in accordance with adopted standards. (City & County of Swansea Unitary Development Plan 2008)

SITE HISTORY App No. Proposal 2004/1810 First floor side extension with front balcony (application for Conservation Area Consent) Decision: Withdrawn Decision Date: 04/08/2004

Page 14 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 1 (CONT’D) APPLICATION NO. 2013/0491

2005/1546 Retention of two storey rear extension and side porch (amendment to planning permission 2003/0468 granted on 25th July 2003) Decision: Grant Permission Conditional Decision Date: 21/10/2005

98/0395 CHANGE OF USE FROM 430 TENT CAMPING SPACES TO USE FOR THE SITING OF 70 STATIC CARAVANS Decision: Withdraw Decision Date: 23/06/1998

2003/0468 Two storey rear extension and side porch. Decision: Grant Permission Conditional Decision Date: 25/07/2003

2007/2006 Detached dwelling (outline) Decision: Refuse Decision Date: 31/07/2008

2004/1681 First floor side extension with front balcony Decision: Grant Permission Conditional Decision Date: 15/12/2004

RESPONSE TO CONSULTATIONS

The application was advertised on site as development within a Conservation Area. In addition, neighbouring properties were individually consulted an error was identified in the postal data with one piece of correspondence being sent to the incorrect address and a further consultation exercise was undertaken.

TEN LETTERS OF OBJECTION have been received in addition to four letters of comment, the content of which are summarised as follows:

1. It is not possible to identify the plot as there is an ongoing boundary dispute 2. Placing living accommodation at first floor level give s rise top a loss of privacy not increased surveillance. 3. A public sewer is running through the land no development can occur 4. No consultation has been undertaken with the wider community 5. The description is incorrect the proposal is equidistant from Hilltop and Bryn view 6. Correspondence sent to the wrong consultee 7. Historically premises on site were more commercial than domestic garage as stated possibly “Chip Shop” 8. Break in the hedge line will interrupt character of the conservation area and harm biodiversity. 9. Design Guide indicates importance of hedges. 10. The proposed building juts out to the rear obscuring views from Bryn View of Cefn Bryn. 11. We are concerned in respect of the protection of the hedgerow that we have created this should be protected if the proposal is granted. Page 15 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 1 (CONT’D) APPLICATION NO. 2013/0491

12. Infill is inappropriate in this instance 13. Loss of privacy in respect of Oxwich Green Farmhouse 14. The property will be a holiday let 15. Swansea Planning Department failed to consult adequately. 16. Negative impact upon water pressure. 17. The applicant removed a tree and was not prosecuted why? 18. The applicant cannot be trusted 19. We request that mature apple trees on site are protected during development. 20. The plot is to small. 21. New access will cause traffic problems 22. This is clearly a holiday let. 23. The separation distance is substandard based on the adopted Gower SPG which indicates a minimum of 12.0 metres between dwellings. 24. Lack of engagement and community participation. 25. A mature beech hedge will be removed. 26. No other houses in the area in such close proximity. 27. Negative environmental and conservation impact. 28. Negative residential impact. 29. Negative community impact.

A revised red line boundary was submitted by the applicant and a re-consultation exercise was undertaken accordingly the correspondence received is summarised below:

1. We request that our previous comments stand. 2. We note that the plot is now smaller then previous. 3. This is too small for a family home 4. Rubbish collection and recycling problems in Oxwich Green

The Gower Society: make the following comment:

1. There are access issues associated with this plot 2. There are sewerage issues with the site and no agreement with Welsh Water 3. The plot is small and will appear as a cramped form of development. It is an overdevelopment of the site. 4. The design does not accord with the design guide. 5. There will be an inevitable loss of residential amenity in respect of loss of light and privacy if allowed to proceed. 6. There may be a boundary dispute. 7. We are concerned in respect of the trees and mature hedge that may be effected by the development.

Urban Design and Conservation: Overall the dwelling is well designed and would be considered acceptable subject to minor revisions.

Welsh Water : No Objection subject to the standard conditions as recommended and the satisfactory submission of a Section 185 [Water Industry Act 1990] Agreement to divert the public sewer with a reduced easement. Welsh Water stipulates that no works are to be undertaken on the existing public sewer until such time as an agreement has been completed.

Page 16 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 1 (CONT’D) APPLICATION NO. 2013/0491

Penrice Community Council: made the following observations:

1. The plot is too narrow. 2. There is a boundary dispute permission should not be given until this is resolved. 3. The building is too close to the neighbour and too high therefore overbearing. 4. The development would block light. 5. The sewer is under the proposed development.

Natural Resources Wales: No Observations

Landscape Team – Aboriculturist This site consists of some overgrown hedgerows which have received little recent maintenance. These hedgerows provide some amenity value to the surrounding area.

Along the north western boundary of the site is one beech tree that has been previously pollarded. It has been noted that this tree was pollarded without notifying the City and County of Swansea with a section 211 notice. This offence was dealt with by my predecessor (Martin Appleby). Currently this beech tree provides limited amenity value to the surrounding area and so does not meet the criteria for the serving of a Tree Preservation Order.

Whilst it is expected that some hedgerow loss will occur from developing this site this could be partially mitigated for by the planting of mixed native hedgerow species.

Therefore I have no objection to this application.

Planning Ecologist: No Objection subject to standard informatives for the protection of birds and reptiles.

APPRAISAL

This application is reported to Committee for decision and for a site visit at the request of Cllr Richard Lewis in order to assess the proposal in respect of its visual and residential impact and associated impact upon Oxwich Green Conservation Area and Gower AONB.

This application seeks full planning permission for the erection of a detached dwelling on land adjacent to Hill Top, Oxwich, Gower. The application site is situated within the Gower Area of Outstanding Natural Beauty, and lies within the Oxwich Green Conservation Area. The application site is situated in what was historically the garden area of an existing dwelling. The site is located within Oxwich Green which is defined as a small village under the provisions of Policy EV16 of the City and County of Swansea Unitary Development Plan 2008.

As such the proposed site comprises an infill plot between Hill Top and Brynview. The pattern of development in this rural village is characteristic of many small villages on Gower with a mix of dwellings spread out on a range of plot sizes forming ribbons of development along the tight and narrow network of lanes.

The proposed plot bears a close relationship in terms of size with the neighbouring row of terraced properties.

Page 17 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 1 (CONT’D) APPLICATION NO. 2013/0491

It is considered that an additional dwelling of an appropriate design in this plot will not necessarily unacceptably change the existing relationship along the street-scene. Given the sensitive location of the site, the detail of the scheme requires careful consideration .

The application site is broadly rectangular in form tapering toward the rear of the plot. The front boundary measures approximately 10.5 metres with the rear boundary measuring approximately 7.0 metres in width, from the front to rear boundary the plot is approximately 35.5 meters in depth. The site lies to the north west of the settlement relative to the highway heading out of Oxwich Green. The plot currently comprises a centrally located concrete pad variously described as providing the foundation of a garage or chip shop, which is now, demolished leaving a vacant area of land that is bound by what may be described as mature hedges.

The proposed development will not encroach onto or capture any adjoining greenfield land, as it is physically bound by the curtilages of the adjoining dwellings. Moreover its siting within an existing built up frontage, dictates that it will be integrated within the existing street scene and form part of the character of this small village.

In terms of the site history permission was granted for one detached dwelling under REF: 73/0228, however this permission has lapsed. An further outline planning application for residential development Ref: 2007/2006 was refused on 31 st July 2008 on the following grounds:

“Insufficient information had been submitted to assess the impact of the proposal upon the character and appearance of the Conservation Area and Gower AONB contrary to policies BE17, CL3 and V3 of the Local Plan Review No.1”

Whilst the Local Planning Authority refused the above planning application on grounds of insufficient information it was considered that principle of development at this location was acceptable. Information of the detailed design of the proposed dwelling forms part of the current submission and has been appraised by the Local Planning Authorities Urban Design Team.

The planning application as originally submitted illustrated a red line boundary that appeared to incorporate elements of the curtilage that related to the neighbouring dwellings. This has stimulated a significant amount of concern and consequently the applicant resolved to resubmit a red line boundary for the site that more closely reflected the existing physical boundaries on the ground.

Whilst the Local Planning Authority is mindful of the objections raised in respect of the ongoing boundary dispute these are private matters that may only be resolved through the third parties affected and not through the planning process.

An additional concern that has raised significant objection to the proposed scheme is that of the public sewer that traverses the site. The agent for the scheme has indicated to the Local Planning Authority that the applicant has secured a S185 Agreement with Dwr Cymru and that this is in place to divert the sewer.

Further correspondence received from Dwr Cymru acknowledges that a reduced easement will be accepted and that the proposal will be subject to a full technical vetting process which will be undertaken upon receipt of a completed application. Page 18 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 1 (CONT’D) APPLICATION NO. 2013/0491

It is apparent that as of the 17 th October 2013 no such application has been made, however, this matter falls beyond the remit of the Local Planning Authority. Dwr Cymru, therefore, raises no objection to the proposed scheme and as such the proposed development falls to be considered on its planning merit.

Main Issues

The principal considerations are the acceptability of the proposal in terms of adopted Development Plan policy and its impact on the character and appearance of this part of the Gower Area of Outstanding Natural Beauty and Oxwich Green Conservation Area. The principal development plan policies against which the application needs to be considered are Policies EV1, EV2, EV9, EV16, EV26, AS6, EV33 and EV35 of the Swansea Unitary Development Plan 2008 (UDP).

Policy EV16 allows for development within specified small villages where the development is acceptable in terms of siting, scale, design, prominence, materials, relationship to other features, landscaping and access works. The policy amplification states that “within” the settlement in the context of this policy is defined as what could reasonably be incorporated into the existing village form without detracting from its character and amenity. It also states that the filling of gaps in an otherwise continuous frontage will not always be an acceptable form of development, especially where this has the effect of changing an informal, low density linear or dispersed village into a suburban street. The village ‘boundary’ is not specifically defined on the UDP Proposals Map and is therefore a matter essentially to be considered on an individual basis against the criteria and amplification to Policy EV16.

Policies EV1 and EV2 require developments to relate satisfactorily to its local context and existing development patterns, integrate effectively with adjacent spaces and public realm, protect the amenities of the surrounding area, take into account and where possible retain landscape features, trees and hedgerows and have regard to visual and residential amenity and highway safety.

Policy EV9 states that applications for development within or adjacent to a Conservation Area will only be permitted if it would preserve or enhance the character or appearance of the Conservation Area or its setting.

Policy EV26 identifies the protection and enhancement of the areas natural beauty as the primary policy objective for the Gower Area of Outstanding Natural Beauty.

Policy EV30 seeks the protection and improved management of woodlands, trees and hedgerows which are important for their visual amenity, historic environment, natural heritage, and/or recreation value.

Visual Amenity

The application is for an infill housing scheme comprising of a single 2 storey dwelling. The proposed dwelling has a simple, traditional frontage which takes cues from the Gower cottage vernacular. Traditional features include a simple pitched roof parallel to road, natural slate roofing, roughcast lime render finish, timber door and timber sash windows. The roof also incorporates 2 rooflights and the front door also has a gabled canopy above.

Page 19 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 1 (CONT’D) APPLICATION NO. 2013/0491

The rear portion of the dwelling projects as a full width gabled element with a more contemporary appearance. This comprises of a rendered ground floor area with a wide set of French windows facing to the rear. Above this the gabled first floor element is finished with green oak cladding and also contains a set of inward opening French windows of the same width as below. These are fronted by a timber balustrade and handrail. The first floor area projects slightly beyond the ground floor area on stone pillars to create a covered patio area below. A tall, thin stainless steel insulated flue and galvanised steel rainwater goods are also proposed.

It is considered that proposed dwelling integrates well into the conservation area with a traditional frontage and a roof which runs parallel to the road and provides a logical step down in height from the ridge of the southern adjacent dwelling to Hilltop. Furthermore the proposed positioning of the dwelling in its plot bridges the building line between the Brynview to the south and Hilltop to the north.

In most cases, rear projecting gabled wings should be narrower than frontages in order to visually break up the wide mass of side elevations into their distinct front and rear parts. However in this instance it is considered that the size of the dwelling is already restricted by it narrow plot and that this articulation is not appropriate. Furthermore, the approach of using the side cladding to provide the desired visual break is considered to be an acceptable compromise in this instance.

The proposed materials palette including lime roughcast render to the main mass with oak cladding to the rear wing, natural slate roof and timber windows/ doors are all considered to represent a positive response to Gower vernacular and the conservation area context.

Detailing relating to the windows, cills, parking area, boundary treatment and rainwater goods should be secured by condition.

In terms of the siting of the proposed development and its impact upon the character of the area to which it relates, the separation distance between the proposed development and Hilltop has been described as inadequate and failing to maintain the pattern of development in the immediate area around Oxwich Green. Whilst the more prominent dwellings are detached with relatively spacious grounds and visual gaps between them also serving to form part of the street scene are the row of terraced properties to the south of the plot in question and as such it is considered that the separation distance between the proposed dwelling and Hilltop is sufficient to preserve the character of the conservation area to which it relates.

Residential Amenity

The proposed dwelling would be sited approximately 2.0 metres from the common boundary with Hilltop to the north and would be approximately 3.5 metres from the side gable of this property at its closest point and 5.2 metres at its furthest. This separation distance is considered sufficient to satisfactorily to mitigate any overbearing or overshadowing impacts upon the occupiers of this property. It is noted that along its southern boundary Hilltop has a narrow rear access and a south facing first floor window located approximately 4.5 metres form the side gable of the proposed dwelling.

Page 20 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 1 (CONT’D) APPLICATION NO. 2013/0491

Whilst it is acknowledged that the construction of the proposed dwelling would have some impact upon view and light received by the south facing bedroom window details provided under cover of planning application Ref: 2004/1681 indicates that this is a secondary window with the primary window located on the front elevation of the property. In addition to the above it should also noted that the set of patio doors and rear facing balcony is also located on the rear elevation of the property for which no planning history is available. In this respect, therefore, it is considered that whist some overshadowing may occur in respect of the south facing window of this neighbouring property this would not be sufficient to warrant a recommendation of refusal based on the amount of light received by the room in question. The only first floor window in the north facing side elevation of the proposed dwelling serves a landing and may be fixed and obscured by condition.

Reference has been made to Section: A1.47 of the Gower AONB Design Guide and the separation distances identified therein that relate to impact upon residential amenity. Whilst a minimum of 12.0 metres has been cited, this relates to the rear of a building and the side elevation of an extant unit. There is no minimum separation distance specified in respect of a minimum distance between side elevations of dwellings.

There is a significant gap, approximately 6.7 metres between, the proposed dwelling and Brynview to the south which is considered sufficient to overcome any potentially overbearing or overshadowing impacts. Concerns have been raised with regard the loss of view and in this respect consideration has been given to the provisions of Planning Policy Wales (PPW), which at paragraph 4.1.7 provides that the planning system operates in the public interest and the findings of courts are that whilst the preservation of a public view may be an important material consideration, the protection of a private one seldom is.

The roof lights located in the front and south facing roof planes are indicated as being of a conservation type. These fittings would be located in a vaulted ceiling and as such are not considered to give rise to any overlooking impacts.

In addition to the above it would be possible to have views into the ground floor of the proposed dwelling from the first floor of the adjacent buildings, however, it is noted that all windows proposed in the side elevations serve as secondary bedroom windows or bathrooms and as such may be obscure glazed by condition.

The rear facing bi-fold doors would serve the first floor living room which would adopt a conventional orientation relative to the rear amenity space that may be typically found in a residential setting, and as such are considered acceptable.

Environmental Sustainability

The applicant has submitted a Design and Access Statement which indicates that the dwelling can achieve Code for Sustainable Homes Level 4. This is above the mandatory requirements for Code Level 3 as outlined in PPW.

Page 21 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 1 (CONT’D) APPLICATION NO. 2013/0491

Ecology

Whilst the land has been allowed to regenerate vegetation, the analysis of both the Council’s Arboricultural Officer and the Planning Ecologist is that the ecological value of the site may be sufficiently protected by way of informatives and conditions as recommended below.

Access and Highway Safety

The Head of Highways and transportation has advised that access is indicated with splayed side walls and adequate visibility will be provided for the level of use. Parking on the forecourt is to be provided where up to 3 vehicle spaces are indicated therefore no objections are raised in respect of highway safety.

Drainage

As indicated above there is a public sewer crossing the site that is subject to the satisfactory submission of a Section 185 [Water Industry Act 1990] Agreement to divert the public sewer with a reduced easement. Dwr Cymru/Welsh Water stipulates that no works are to be undertaken on the existing public sewer until such time as an agreement has been completed.

Issue has been raised in respect of poor water pressure serving the Oxwich Green which may be exacerbated should consent be granted for an additional dwelling, again no objection has been raised by Dwr Cymru/Welsh Water in this respect.

Conclusion

The proposal would infill an area in the street frontage with a well designed and proportioned dwelling constructed in sympathetic materials and would introduce a high quality sustainable development that displays elements of traditional and contemporary vernacular architecture. In this respect the proposal would be in accordance with the provisions of the City and County of Swansea Unitary Development Plan 2008 and the Gower AONB Design Guide. In addition the proposal would not result in any significant residential amenity impacts and is considered to be satisfactory in terms of ecology, access and highway safety. It is not considered that the provisions of the Human Rights Act would raise any further material planning considerations as such the application is recommended for conditional approval.

RECOMMENDATION

APPROVE, subject to the following conditions:

1 The development hereby permitted shall begin not later than five years from the date of this decision. Reason: To comply with the provisions of Section 91 of the Town and Country Planning Act, 1990.

Page 22 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 1 (CONT’D) APPLICATION NO. 2013/0491

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

3 Samples of all external finishes shall be submitted to and approved by the Local Planning Authority in writing before the development is commenced. The scheme shall be implemented in accordance with the approved details. Reason: In the interests of visual amenity.

4 Prior to commencement of development detailed drawings shall be submitted to and approved in writing by the Local Planning Authority illustrating the masonary sub cils beneath all window openings on the front elevation with a projection of 100mm beyond the window reveals to either side. The scheme shall be implemented in accordance with the approved details. Reason: In the interest of visual amenity and the preservation of the character of Oxwich Green Conservation Area and Gower AONB.

5 Prior to commencement of development detailed drawings of the window openings on the front elevation shall be submitted to and agreed in writing with the Local Planning Authority. The scheme shall be implemented in accordance with the approved details. . Reason: In the interest of visual amenity and the preservation of the character of Oxwich Green Conservation Area and Gower AONB.

6 The first floor French windows on the north west facing elevation shall be inward opening only and fitted with a flush fitting balustrade and retained as such unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the privacy of the occupiers of neighbouring residential properties.

7 The ground floor and first floor windows in the south and north facing elevations, as indicated on Plan No: P05 shall be obscure glazed and unopenable below a height of 1.7m from internal floor level, and shall be retained as such at all times unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the privacy of the occupiers of neighbouring residential properties.

8 Before the development hereby approved is occupied the means of enclosing the boundaries of the site shall be completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of visual amenity and general amenity.

Page 23 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 1 (CONT’D) APPLICATION NO. 2013/0491

9 Unless otherwise agreed in writing by the Local Planning Authority, the proposed parking area hereby approved/illustrated on the submitted plan shall be: (i) porous or permeable; or (ii) constructed to direct run-off water from the hard surface to a porous or permeable area or surface within the curtilage of the dwellinghouse; and (iii) be permanently maintained so that it continues to comply with the requirements of paragraph (i) and (ii). Reason: In the interests of sustainability.

10 Development shall not commence until details of foul, surface and land drainage works have been submitted to and approved in writing by the Local Planning Authority. The development shall not be brought into beneficial use until the works have been completed in accordance with the approved details. Reason: To ensure a satisfactory means of drainage.

11 The dwelling(s) shall be constructed to achieve a minimum of Code for Sustainable Homes Level 4 and achieve a minimum of 1 credit under category "Ene1 - Dwelling Emission Rate" in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (November 2010 - Version 3). The development shall be carried out entirely in accordance with the approved assessment and certification. Reason: In the interests of sustainability.

12 The construction of the dwelling(s) hereby permitted and any external works shall not begin until an "Interim Certificate" has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Level 4) and a minimum of 1 credit under "Ene1 - Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability.

13 Prior to the occupation of the dwelling(s) hereby permitted, a Code for Sustainable Homes "Final certificate" shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes (Level 4) and a minimum of 1 credit under "Ene1 - Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability.

14 Foul water and surface water discharges shall be drained separately from the site. Reason: To protect the integrity of the Public Sewerage System.

Page 24 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 1 (CONT’D) APPLICATION NO. 2013/0491

15 No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system unless otherwise approved in writing by the Local Planning Authority. Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.

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

17 Prior to commencement of development details indicating the design, materials and finish of all rain water goods shall be submitted to and agreed in writing with the Local Planning Authority. The scheme shall be implemented in accordance with the approved details. Reason: In the interest of visual amenity and the preservation of the character of Oxwich Green Conservation Area and Gower AONB.

INFORMATIVES

1 The development plan covering the City and County of Swansea is the City and County of Swansea Unitary Development Plan. The following policies were relevant to the consideration of the application: EV1, EV2, EV9, EV16, EV26, EV30, EV33, AS6

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

3 Any culverting of a watercourse requires the prior written approval of the Local Authority under the terms of the Public Health Act 1936, and the prior written consent of the Environment Agency under the terms of the Land Drainage Act 1991/Water Resources Act 1991. The Environment Agency seeks to avoid culverting, and its consent for such works will not normally be granted except for access crossings. The Environment Agency has no knowledge of flooding in this vicinity. However, you are also advised to consult with your Engineers Department, who may hold records/additional information, prior to the granting of planning consent.

4 The Environment Agency and the Local Authority have permissive powers to maintain watercourses depending on the watercourse's definition as "Main River" or "Ordinary Watercourse". The responsibility for general maintenance of the river and its banks rests with the riparian owner. Any bankside trees or vegetation within 3 metres of the watercourse should be protected from development in order to promote conservation and preserve visual amenity.

5 Site operators should ensure that there is no possibility of contaminated water entering and polluting surface or underground waters.

Page 25 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 1 (CONT’D) APPLICATION NO. 2013/0491

6 Any waste excavation material or building waste generated in the course of the development must be disposed of satisfactorily and in accordance with Section 34 of the Environmental Protection Act 1990. Carriers transporting waste must be licensed waste carriers.

7 The activity of importing waste into the site for use as, for example hardcore, must re-registered by the Environment Agency Wales as an exempt activity under the Management Licensing Regulations 1994.

8 Under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws, the prior written consent of the Environment Agency is required for any proposed works or structures in, under over or within 7 metres of the top of a main river i.e. Nant-y-Fendrod & Nant Bran.

9 Any culverting of a watercourse requires the prior written approval of the Local Authority under the terms of the Public Health Act 1936, and the prior written consent of the Environment Agency under the terms of the Land Drainage Act 1991.

10 The Developer is advised that a Section 185 [Water Industry Act 1990] Agreement to divert the public sewer with a reduced easement may be required. Welsh Water/Dwr Cymru stipulates that no works are to be undertaken on the existing public sewer until such time as an agreement is in place.

11 The developer is advised that some public sewers and lateral drains may not be recorded on Dwr Cymru Welsh Water's (DCWW) maps or public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. DCWW advise that the applicant contacts their Operations Contact Centre on 0800 085 3968 to establish the location and status of the sewer. Under the Water Industry Act 1991 DCWW has rights of access to its apparatus at all times.

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

13 REPTILES Reptiles may be present. All British reptiles are protected under Schedule 5 of the Wildlife & Countryside Act 1981 (as amended). It making it an offence to intentionally kill or injure adder, slow worm and common lizard. If the reptiles listed above are encountered work must cease immediately and the advice of Natural Resources Wales sought before continuing with any work (01792 634960).

Page 26 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 1 (CONT’D) APPLICATION NO. 2013/0491

PLANS

Dwg No: S01-measured survey plan, P02-proposed ground floor plan, P03-proposed first floor plan, P04-proposed elevations, P05-site context elevation received 28th March 2013. Amended plans:S02 Rev A-site location plan, P01Rev A-proposed site plan received 8th August 2013

Page 27 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 2 APPLICATION NO. 2013/1409 WARD: Gower Area 2

Location: Hill Park Reynoldston Swansea SA3 1AQ Proposal: Increase in ridge height of garage to provide living accommodation first floor rear extension and covered canopy porch Applicant: Mrs Claire Dinsdale

i n

The Coach House F F Little Reynoldston Farm

Ty Bryn

Issues

Hill Park

Winsover Little Reynoldston

) m Little Reynolston Lodge u ( th a P

Cattle Grid

NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s StationeryPage 28 Office, © Crown Copyright. TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 2 (CONT’D) APPLICATION NO. 2013/1409

BACKGROUND INFORMATION

POLICIES

Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).

Policy HC7 Proposals for extensions and alterations to existing residential dwellings will be assessed in terms of; relationship to the existing dwelling, impact on the character and appearance of the streetscene, effect on neighbouring properties, and impact on car parking. (City & County of Swansea Unitary Development Plan 2008)

SITE HISTORY

App No. Proposal 2003/1553 Two storey extension on northern side elevation and single storey extension on southern side elevation Decision: Grant Permission Conditional Decision Date: 06/05/2004

2005/2412 Two storey rear extension and front porch Decision: Grant Permission Conditional Decision Date: 29/03/2006

2004/2805 Extension to existing outbuilding Decision: Grant Permission Conditional Decision Date: 01/02/2005

RESPONSE TO CONSULTATION

Two neighbouring properties consulted. No response.

Page 29 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 2 (CONT’D) APPLICATION NO. 2013/1409

The Gower Society – make the following comments

1. We note that this work is quite extensive and we do have concerns as to whether it complies with the Design Guide. 2. There appears to be an element of none local vernacular creeping in. 3. Whilst not highly visible its impact on the landscape should be thoroughly assessed by your team.

Penrice Community Council - No objection to the application.

APPRAISAL

The application is reported to committee and for a site visit at the request of Councillor Richard Lewis as the application is within the AONB.

The application site comprises of a detached two storey property, which is situated within Little Reynoldston off the main arterial through road, and also within the Gower Area of Outstanding Natural Beauty (AONB). The application property lies within a cluster of low density dwellings and benefits from a substantial curtilage.

Description

The application seeks full planning permission for the increase in ridge height to the existing side garage to provide additional living accommodation together with a covered canopy on the front elevation. The proposed increase in ridge height will result in the maximum height of the garage rising form 5m as existing to 6.7m. The hipped design of the roof will be maintained when viewed form the front (north-east) elevation; however to the rear a more contemporary, angular design is adopted with the extension becoming flat roofed. The overhanging roof will also provide a covered walkway forward of the garage on the front elevation. The additional accommodation proposed will provide a further en- suite bedroom. Velux type roof lights are proposed within the front and side elevation and one full length oreil type corner window featured to the bedroom area with a similar albeit shorter corner window serving the en-suite and new landing area.

Main Issues

The main issues for consideration in this instance relate to the impact of the proposed development on visual and residential amenities and the character and appearance of the Gower AONB having regard to the provisions of Policies EV1, EV16, EV26 and HC7 of the City and County of Swansea Unitary Development Plan (UDP) 2008. The application is also considered with respect to the Council’s Supplementary Planning Guidance documents entitled ‘Gower AONB Design Guide’ and ‘A Design Guide for Householder Development’.

The Gower AONB Design Guide para A1.44 states that “the key principle in relation to the extension or alternation of an existing building is to respect the integrity of the original building. An extension should generally be subordinate to the existing building in terms of scale, massing and volume,.”

Page 30 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 2 (CONT’D) APPLICATION NO. 2013/1409

Other Constraints

The Council’s Nature and Conservation Section have commented on the application advising that there may be bats and birds present within the building and grounds of the application site. Accordingly, informative are recommended relating to the safeguarding of these species.

Visual Amenity

The proposed works are focussed to the left hand side of the dwelling and although the dwelling is set back off the main carriageway in a relatively concealed setting, the left hand side of the dwelling is the most visible from public vantage points. It is considered that the proposed increase in ridge height to the side garage at 6.7m in height, with accommodation in the roof space represents an incongruous form of development in respect of the proposed front elevation. It is considered that the proposal fundamentally changes the character of the existing building and the relationship/hierarchy between its various parts. Furthermore, it is evident that the extension when viewed from the rear represents an overwhelming addition which fails to respect the original roof plane and so dominates and conflicts with the host dwelling. The design of the extension is considered inappropriate, particularly given its incongruous and contrived flat/hipped roof combination and inconsistent window designs and arrangement, all of which fails to respect the character and appearance of the host dwelling. As such, it is considered that the proposed development would be contrary to the provisions of policies EV1, EV26 and HC7 of the City and County of Swansea UDP and the Design Guides for the Gower AONB and Householder Development. Refusal on visual grounds is therefore recommended.

A well considered, appropriately proportioned and detailed addition is considered capable of being accommodated on the site and the applicants advisor has been invited to revise the drawing such that the concerns detailed above may be overcome, however, the applicant wishes the application to be determined in its current submitted form.

Residential Amenity

The application property is a detached property and achieves a separation distance of some 16m from the property to the north-west and some 14m+ to the property to the south-east. The proposal is focussed to the left hand side of the property and as such the only property considered to be potentially impacted upon is the neighbouring dwelling to the south-east (Winsover). Due to the distance and relationship achieved, the proposal is not considered to have any adverse effect by virtue of an overshadowing or overbearing impact. With respect to the issue of privacy, the only additional openings on the elevation facing the neighbouring property is a velux type roof light sited high within the roof plane (1.6m above floor level approx) and as such will not afford direct overlooking to the south- east. The proposal is not considered to have any impact upon the dwelling to the northwest and is bound by open land to the rear. Overall therefore it is considered that the development will not have any significant demonstrable harm upon the amenities of the neighbouring occupiers such that a recommendation of refusal could be justified. And whilst it is accepted that sufficient amenity space will be retained for the property following development the negative visual impact of the proposed development is considered sufficiently harmful to warrant a recommendation of refusal.

Page 31 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 2 (CONT’D) APPLICATION NO. 2013/1409

Conclusions

In conclusion, the proposal is considered to represent an unacceptable form of development by virtue of its impact upon the character and appearance of the host dwelling, the visual amenities of the surrounding street-scene, and the character and appearance of the Gower AONB. As such the proposed development fails to comply with the provisions of Policies EV1, EV26 and HC7 of the City and County of Swansea’s Unitary Development Plan 2008 and the Gower AONB Design Guide. Refusal is therefore recommended.

RECOMMENDATION

REFUSE, for the following reason;

1 The proposal by virtue of its disproportionate scale and inappropriate design, represents an incongruous form of development that fails to respect the character and appearance of the dwelling to which it relates, to the detriment of the visual amenities of the area and the character and appearance of the Gower AONB. It is therefore considered that the development is contrary to the provisions of Policies EV1, EV26 and HC7 of the City and County of Swansea Unitary Development Plan (2008) and the Council's adopted Gower AONB Design Guide and Design Guide for Householder Developments.

INFORMATIVES

PLANS

01-site location plan, 02-block plan, 03-existing/proposed ground floor plan, 04-survey elevations, 05-proposed elevations, 06-proposed floor plan layouts, 3D layouts x 6 received 27th September 2013

Page 32 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 3 APPLICATION NO. 2013/1322 WARD: Gower Area 2

Location: Land adjacent to The Haven Horton Gower Swansea SA3 1LB Proposal: Construction of three detached dwellings and associated works Applicant: Mrs Sandra Mumby

The Brackens Horton The Tors

Granary

Cott Blythswood

Th e Re tre at Kiln Bank Hillside Underhill

P a 18.3m th ( u m Witsend ) Holmlea

LANE RHILL The Haven UNDE Emmanual House Serendipity

1 to 6

Springfield LB

I Sea Breeze v a

h C o

o e

t t

L it t e le g a T t H t h o a C e v e G r e o a n h b S le s Talbot Lodge

The Hollies T r a

c k

u a i n t w a FS y s

Path (um)

NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright.

Page 33 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 3 (CONT’D) APPLICATION NO. 2013/1322

BACKGROUND INFORMATION

POLICIES

Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).

Policy EV22 The countryside throughout the County will be conserved and enhanced for the sake of its natural heritage, natural resources, historic and cultural environment and agricultural and recreational value through: i) The control of development, and ii) Practical management and improvement measures. (City & County of Swansea Unitary Development Plan 2008)

Policy EV35 Development that would have an adverse impact on the water environment due to: i) Additional surface water run off leading to a significant risk of flooding on site or an increase in flood risk elsewhere; and/or, ii) A reduction in the quality of surface water run-off. Will only be permitted where it can be demonstrated that appropriate alleviating measures can be implemented. (City & County of Swansea Unitary Development Plan 2008)

ITEM 3 (CONT’D) APPLICATION NO. 2013/1322

SITE HISTORY

App No. Proposal 2013/1214 Construction of three detached dwellings and associated works Decision: Withdrawn Decision Date: 11/09/2013

2010/1375 Four detached dwellings Decision: Grant Permission Conditional Decision Date: 25/04/2012

2010/1605 Demolition of existing property (application for Conservation Area Consent) Decision: Grant Cons Area Consent Conditional Decision Date: 26/04/2012

RESPONSE TO CONSULTATIONS

This application was advertised on site and in the press as development within a Conservation Area and two neighbouring dwellings were individually consulted. TEN LETTERS OF OBJECTION were received which raised the following issues and are summarised below:

Visual amenity

1. The number and size of the dwellings is far too many and far too big. 2. Proposal is characteristic of new development in towns and cities and not in a Conservation Area that is also designated for its outstanding natural beauty. 3. The design of the plot 3 is not consistent with the local context. 4. Plot 3 would be very prominent from the wider area. 5. Proposal is out of keeping with its local context. 6. Proposal will destroy the ambience of the village. 7. The area is described as a green focal point, nowhere else in the village provides this. the proposal will result in this being lost or only visible from within the proposed dwellings 8. the proposal will negatively impact on the AONB 9. The reference to the retention of the green focal space within the DAS is incorrect. The opposite will be achieved. 10. the proposal is contrary to guidance contained in PPW 11. The cumulative effect of this proposal together with the consented scheme at Emmanuel House will result in a small estate being built. 12. the density is too high 13. the extent of glass could result in light pollution 14. plots 1 and 2 erode the green focal space

Residential Amenity

1. Balcony and 1 st floor windows have created overlooking issues, contrary to EV1 and National Guidance. Page 35 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 3 (CONT’D) APPLICATION NO. 2013/1322

2. Noise issues associated with balcony use. 3. Loss of sunlight. 4. Noise issues from heat exchange pumps. 5. Overlooking from plot 4. 6. Light pollution. 7. Loss of privacy 8. Reference in the DAS to the impact of the proposal upon neighbouring dwellings is incorrect. 9. plot 3 would have a serious overlooking impact upon Talbot Lodge

Highway Safety

1. Access issues. 2. Damage to road caused by large construction vehicles. 3. Congestion problems. 4. Highway safety concerns at the junction. 5. no provision to widen the narrow lane accessing the site

Drainage

1. Proposal would overload the sewerage system. 2. two of the dwelling are sited over a public sewer

Other Issues

1. Approval would establish a dangerous precedent. 2. the proposal is contrary to UDP polices 3. Plot 3 easily lend to conversion to holiday lets. Horton is already made up of 20% holiday home ownership 4. Errors with the submitted information. 5. Proposal will result in an increase pressure on emergency services, schools, doctors and hospitals whose capacities are already stretched to the limit. 6. Proposal will result in more cars and subsequently more car pollution. 7. The only public notification is a small notice fixed to a lamppost. 8. No ecological report has been submitted. 9. The proposal will result in additional emissions of greenhouse gases. 10. The dwellings are not affordable and risk being purchased as holiday homes/second homes and not y local people. 11. There are private access rights over the private driveway proposed to serve the site.

Highways: This proposal is for the erection of 3 dwellings on land at The Haven, Horton. The site was formerly a tennis courts. One dwelling would be accessed from the lane running along the southern boundary of the site. This lane goes on to serve a number of other properties and is single width with passing places. The access to the southern dwelling (plot 3) will be wide enough to allow vehicles to pass at that point.

The other two dwellings, plots 1 and 2, will be accessed from the lane north of the site. Recently consent was granted for 4 new dwellings on the adjacent land (Emmanuel House).

Page 36 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 3 (CONT’D) APPLICATION NO. 2013/1322

This lane is also single width but much shorter and serves far fewer properties. The access drives to each of the two plots are to remain open and as with Plot 3 to the south, will provide a passing facility at the point of access, so that passing vehicles will be able to use the access junction to pass each other.

Whilst the development of 3 dwellings will result in additional traffic movements these are unlikely to be significant and some benefit will be derived for all road users by virtue of the passing facilities that will be provided. Access drive widths are acceptable and sufficient parking of three spaces is indicated for each dwelling.

On balance therefore, I recommend no highway objection subject to the access drives remaining open without gates or obstruction so as to allow passing vehicles to use each access point as a passing bay.

Gower Society: Object and make the following comments:

1. We believe that the development as proposed is totally inappropriate within the Horton Conservation Area. 2. The sheer scale of the individual dwellings and in particular that of the frontal sea facing property Plot 3 is beyond belief. Over development of the site with totally inappropriate dwellings 3. We suggest that the Design Guide be referred to and adhered to when considering this application. 4. The proposal is certainly at odds with the AONB and all adjacent dwellings. 5. Plot 3 is so large as to exclude all garden and we wonder what all of the various outbuildings will be used for. A clause preventing any change of use should be included in any planning permission.

We have no alternative but to strongly object to this application and ask that you take the above points into account when considering this application.

Legal Services: The application site abuts the common CL 107 .

Penrice Community Council – OBJECT for the following reasons:

1. The development will have a huge impact on the Haven, which is to the west of the proposed development and it will be overbearing, overlooking and overshadowing the house, which is against policy EV16 in the UDP which states “It has an acceptable relationship with adjacent buildings" and " it will not harm the amenity of neighbouring residents". The family will lose light from the height of the house and all their rooms on the East side will be looked into by the windows of property no.1. The big bedroom window on the west side of the Farmhouse will look directly over the garden of the Haven taking away their privacy. The new properties will also have a higher roof level.

2. Loss of visual amenity to the Public. The view from the bottom gate of the Tennis Courts which portrays a very pretty and distinctive village. This view is not available elsewhere in the village and will be lost on the building of these houses.

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ITEM 3 (CONT’D) APPLICATION NO. 2013/1322

3. Planning Permission was given for the development at Emmanuel House on the basis that three houses would front and look on to the Tennis Courts as a feature. Now they will look on to the sides of the houses on Plots 2 and 3 at a distance of approx. 15 metres.

4. Construction of two of the houses is over the public sewer and substantial parts within 3 metres. The sewer is 4 metres to the west of the eastern boundary of the site and strip 3 metres either side of this would take up over 30% of Plot 2.

5. Each of the three buildings are far too large for the sites they occupy.

6. No provision has been made to widen the narrow lane accessing the site to the north which is 80 metres long. It is only one vehicle wide and there are no passing places and no turning bay at the end. At present most Lorries and vans making deliveries reverse down the entire length. At the moment this lane serves two houses but with the Emmanuel House development and this it will be seven houses.

7. If planning permission is given together with the permission already given for Emmanuel House development then there will be seven large executive houses in a small area and will destroy the character of the lower part of the village.

8. Much is made in the application of the existing green focal area to the north of the development and how this will be increased by a new green area at the north of plots 1 and 2. However the construction of these houses will cause this area to be lost to the rest of the village and will only be seen by the houses adjoining the area and access to the general public Will only be down a narrow cul de sac.

9. There is no affordable housing – Only luxury housing in this proposal.

10. The house on plot 3 covers a very large area and the footprint it leaves dwarfs those surrounding it. The design of this house is completely out of character with those in the vicinity.

11. There is no economic or social need for a further development of three luxury executive style homes in a small village of less than 100 homes in an AONB.

12. The whole development does not fit in with the surrounding houses in either density or design and destroys the character of the village.

13. The area of the disused tennis courts is an amenity to the village as a play area, parking and an open space. In no way can this development be described as an improvement as suggested in the application.

14. There is no landscape design whatsoever . Welsh Water/ Dwr Cymru: No objection subject to standard conditions and advisory notes.

NOTE: The proposed development site is crossed by a public sewer with the approximate position being marked on the attached Statutory Public Sewer Record.

Page 38 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 3 (CONT’D) APPLICATION NO. 2013/1322

Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times. No part of the building will be permitted within 3 metres either side of the centreline of the public sewer.

The application has been amended in light in these comments to allow for the necessary 3m easement either side of the public sewer.

AMENDED PROPOSAL

The application was advertised on site and all previous objectors re-consulted. SIX LETTERS OF OBJECTION received reiterating the points previously raised above.

The Gower Society - Further to your notification of 22 November 2013 we have inspected 'on line' the revised drawings. Our original opinion remains the same and our letter of response is attached.

APPRAISAL

This application is reported to Committee for decision and for a site visit at the request of Councillor Richard Lewis to assess the over-development of the site.

Description

Full planning permission is sought for the construction of three detached dwellings on land adjacent to the Haven, Horton, Swansea. The application site is located within the village of Horton and comprises an area of tarmac which was formerly used as a tennis courts. A well kept lawn surrounds the tarmac and a small bank lies at the northern portion of the site. Immediately to the north of the site is a semi-circular green area which provides a focal space within the village, this will be discussed in more detail later in the report.

The scheme comprises of 3 detached dwellings and a description each dwelling is summarised below:

Plot 1 – Plot 1 is a two storey 4 bedroom detached dwelling with accommodation in the roof. The ground floor area measures 160m², the first floor area measures 83.8m² whilst the mezzanine within the roof void will measure 30m². The dwelling will be sited in the northwest corner of the plot and will be orientated towards the access lane. The main form of the two storey dwelling incorporates traditional hipped roofs with a series of subordinate single storey elements. The dwelling has a maximum width of some 21.5m, a maximum depth of some 24.5m and a maximum ridge height of 8.6m.

Plot 2 – Plot 2 is a mirror image of Plot 1 in terms of its size, and incorporates a similar façade. Situated in the north-eastern part of the site the dimensions of this dwelling are identical to Plot 1.

Plot 3 – Plot 3 is the largest of the three proposed dwellings. Situated on the southern half of the site this two storey dwelling takes on a different style and appearance. This is a large bespoke dwelling which displays a more informal layout comprising a series of smaller traditional buildings, with a series of roof forms and narrow gables reflecting a more traditional farmyard typology.

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ITEM 3 (CONT’D) APPLICATION NO. 2013/1322

The proposed dwelling is horse shoe shaped spanning the northern, southern and western plot boundaries creating an enclosed central courtyard. The dwelling varies in height ranging from single storey, to one and a half storeys, to two storeys with a maximum ridge height ranging from 6.5m – 7m.

As indicated above, the northern portion of the site as well as land to the north of the site is identified in the Gower AONB Design Guide as a ‘green’ focal space. The design and layout of the scheme has taken this into account through the creation of a semi-circular shaped green space at the northern portion of the site, around which plots 1 and 2 will be positioned. Although this area will effectively be within private ownership, carefully worded conditions restricting fences, gates, walls or any other means of enclosures including planting forward of the dwelling on plots 1 an 2, together with appropriate landscaping conditions will ensure that this semi-circular area will appear to form part of the public realm which in conjunction with the existing semi-circular space to the north of the site will create the overall impression of a circular green which maintains the notion of the ‘green’ focal space identified in the Gower AONB Design Guide and respects the existing pattern of development immediately north of the site.

Principle of Development

The Town and Country Planning Act 1990 (as amended) requires all planning applications to be determined in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan for the area comprises the City and County of Swansea Unitary Development Plan (UDP) which was adopted in November 2008.

The application site falls within the village of Horton which is identified as a small village under the provisions of the UDP and within the Horton Conservation Area. Policy EV16 of the UDP allows for small scale development within these small villages subject to conforming with the set criteria. The site is essentially an infill site within the village and subject to conformity with the detailed criteria of this policy, other policies of the plan specifically policies EV9 and EV26 which seek to preserve/conserve the character and appearance of the Gower AONB and the Horton Conservation Area, the principle of residential development on the site is considered acceptable. Supplementary Planning Guidance document entitled ‘Gower AONB Design Guide’ identifies the north of the application site and beyond as a ‘green’ focal space.

Issues

The main issues for consideration with regard the determination of this application are whether it:

• is of a scale, density and layout compatible with the size and form of the settlement, • has a design that in its form, elevational treatment, detailing and use of materials is sympathetic to the architectural character of the village, • will not involve a loss of land of recreational, natural heritage value, • has an acceptable relationship with adjacent buildings, spaces and landscape, including coastal features, • has regard to the physical character and topography of the site, • will not harm the amenity of neighbouring residents, Page 40 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 3 (CONT’D) APPLICATION NO. 2013/1322

• can be accessed without prejudicing highway safety and without detrimental to the character of the village • provides access for all and satisfactory parking in accordance with Council adopted design standards, • preserves or enhances the character or appearance of the Conservation Area, • Conserves and enhances the character and appearance of the Gower AONB. • maintains a green focal space • Is acceptable in terms of highway safety, access and the Councils parking requirements, • has an acceptable impact on the ecology of the area, • provides appropriate drainage, • Will protect Common Land.

Regard must be had for Policies EV1, EV2, EV3, EV9, EV26, EV35, EV29 and EV16 of the Swansea UDP and a primary consideration in this respect is the impact of the scheme upon the character and appearance of the Gower AONB. There are not considered to be any overriding issues for consideration under the provisions of the Human Rights Act.

Impact upon the Character and Appearance of the area

Policy EV1 of the UDP is an ‘all embracing’ policy which amongst other things seeks to ensure that new development is appropriate to its local context and have regard to the setting of any listed building. Policy EV2 on the other hand requires new development to have regard to the physical character and topography of the site and its surroundings and have regard to existing features including buildings, trees and hedgerows and the historic environment.

Policy EV16 of the UDP supports proposals for small scale housing development within small villages provided that amongst other things the proposal does not have a significant adverse effect on the character and appearance of the area.

The site is situated within the Horton Conservation Area and as such under Policy EV9 new development must preserve or enhance the character and appearance of the area.

Policy EV26 ensures development conserves and enhances the Gower AONB’s Natural Beauty whilst Policy EV35 focuses upon surface water runoff.

The site comprises an area of tarmac formerly used as a private tennis court and it is considered difficult to argue that this area makes a positive contribution to the character or appearance of the Conservation Area.

In this respect the site lies in the Horton Conservation Area, which originally was a farming community established on the upper slopes and has overtime crept down to the coast. The area around the site comprises a variety of houses of different sizes, age and style. This variety is reflected in the Conservation Area note:

“,.The variety of the houses – in age, design, materials and height and aspect, together with interspersed stone walls, and hedges complements the charm of the physical setting.”

Page 41 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 3 (CONT’D) APPLICATION NO. 2013/1322

The site lies within a discrete part of Horton Conservation Area laid out in a semi formal manner with the former tennis courts, adjoining grass and semi circular lawn as a focal point. Six plots are currently arranged around this space. This area appears to date from the interwar period and although the large houses around the green are all different and set at different angles, they are linked by a common material palette of white render and slate roofs, plus the form is also a linking factor in terms of two storeys scale and generally hipped roofs with chimneys. The landscape character is an important feature with planting and hedges around each to provide further softening. Therefore the context of the site is distinctive but not typical of rural Gower.

Given the existing unused tarmac tennis courts make no positive contribution to the Conservation Area there is no objection to the redevelopment of the land with houses that would respond positively to the underlying grain of the Conservation Area. Whilst the proposal would also result in the loss of an open area, with some general amenity/recreational value, it must be noted that the site is within private ownership and its use for recreational purposes could be legitimately ceased at any time. It is considered that the potential new well designed houses would be a positive addition to the character of the locality and would maintain the definition of the formally planned focal area.

The layout follows detailed pre-application advice and it is considered that the proposal strikes a balance between responding to the Conservation Area layout and the need to make good use of a previously developed site in an identified small village that is served by a number of amenities.

The orientation of plots 1 and 2 to face north towards the green space is a positive relationship and the semi-circular building line maintains the notion of a circular green space. The informal layout and different architectural treatments of development also responds to the variety found in the Conservation Area.

Although plots 1 and 2 are set within 1m of the common central boundary, the single storey elements to the side elevations of plots 1 and 2 ensure a sense of space between the houses. The hipped roofs also add to sense of space whilst reflecting the prevalent roof form in the immediate vicinity in contrast to the tight knit vernacular forms with gabled roofs found elsewhere in the Conservation Area.

Reference must be made to the adopted Gower AONB Design Guide which has been subject to public consultation. The key message of this guide is to design in context and in this regard the proposal reinforces the prevailing interwar suburban style of the immediate Conservation Area, whilst adding variety through contemporary elements. Para A1.43 of the Gower AONB Design Guide states that “proposals should respect the local character, although this does not necessarily mean that it should mimic the existing.” Para A1.9 states that “the requirement for development to be sympathetic to the character of the village is not intended to discourage innovative sensitive design approaches as long as they do not harm the character and amenity of settlements”

Plots 1 and 2 have in excess of 10m deep front garden areas and informal 7m wide shared drives finished in gravel. This reflects the informal 'green' character of the area and the deep crescent shape set-back maintains the green focal space. No boundary treatment are shown to the front of the plots which is important in order to achieve the seamlessness between public and private realm/green space this can be secured and fully controlled by condition. Page 42 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 3 (CONT’D) APPLICATION NO. 2013/1322

The design of Plots 1 and 2 mirroring each other fronting the green focal space further help to frame the space and enhance the character and appearance of the area.

Plot 3 to the south of the site, takes on a rather different style and appearance, and displays a more organic informal layout utilising a series of smaller traditional building forms with a single point of access to the south. The design picks up on a more traditional farmyard typology broken up by a number of smaller building elements with a series of roof forms and narrow gables with the height remaining fairly modest ranging between 6.5m and 7m to the ridge. This contributes to reducing the mass of the building and ensuring that it doesn’t appear overly dominant in its context.

Building materials are proposed to be of the highest quality including natural stone, white/cream painted render, natural slate and timber windows, doors and vertical cladding detailing which are all welcomed and make a quality statement in this part of the Conservation Area. The detail of all elements must however be controlled by condition, therefore large scale drawings of various elements such as windows in openings etc will be required along with a sample panel of the render on site.

Impact upon the residential amenities of the neighbouring properties

Plot 1 – Plot 1 is situated in the northwest corner of the application site and the property most closely affected by this dwelling is “The Haven” to the west. A separation distance of some 8.5m is achieved side-to-side with some 15m achieved between the proposed two storey element and this neighbouring dwelling. Adequate amenity space is provided both forward and to the rear of the dwelling and the building to plot ratio considered acceptable. Whilst it is noted that the rear garden depth ranges from between 7.5m and 10.5m at its shallowest, it must be noted that the orientation of the dwelling at an angle within the plot contributes towards this, and it is further noted that the first floor windows all achieve a distance either in accordance with or in excess of the minimum 10.5m recommended minimum distance to a rear boundary. One side facing window is proposed on the western side elevation facing “The Haven” however this window serves an en suite area and as such will be obscure glazed. There are no first floor windows proposed on the eastern side elevation and as such no mutual overlooking will occur between plots 1 and 2. The study area proposed within the roof space will be served by two rear facing small dormer windows which achieve some 16m off the rear boundary which is considered adequate. Any potential for overlooking form ground floor windows will be mitigated by appropriate boundary treatments which the applicant indicates as being hedgerows. Given the dwellings distance and relationship from the boundaries and with the neighbouring properties it is not considered that this dwelling would give rise to unacceptable overbearing or overshadowing impacts. It is however considered both appropriate and reasonable to remove all permitted development rights normally afforded to a detached dwelling thus ensuring an acceptable form of development is retained at all times.

Plot 2 – this dwelling mirrors plot 1, and must be assessed having regard to the recently consented scheme for the residential redevelopment of the neighbouring Emmanuel House site ( 2010/1375 refers).

Page 43 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 3 (CONT’D) APPLICATION NO. 2013/1322

The siting, orientation and distances separating plot 2 from plot 1 and the approved neighbouring dwellings to the east combined with the design of the dwelling and careful siting of windows (as with plot 1) will ensure the this proposed dwelling will not directly overlook private amenity space and the flank windows serve non-habitable rooms, neither would the dwelling give rise to unacceptable overbearing or overshadowing impacts upon the residential amenities of the aforementioned properties.

Plot 3 – Plot 3 has been kept low-lying and the separation distance across the access road which ranges between 17m and 19m coupled with the retention of boundary screening is considered sufficient to mitigate against unacceptable levels of overlooking and will further ensure that the proposal will not prove unacceptably overbearing or overshadowing upon the residential amenities of the neighbouring dwelling on the adjacent side of the lane to the south. The main useable amenity space for this dwelling is focussed centrally within the plot with a courtyard effect with many of the upper floor windows focussed inwards over this area of private amenity space. Some 19m would be achieved between Plot 3 and the approved dwelling to the east of the Emmanuel House site. The separation distance between the western side of plot 3 and the southern end of the rear garden of the Haven ranges between 10m and 14m.

Comments have been received regarding the potential for overlooking from balcony areas in the southern elevation. The proposed dwelling would have a staggered relationship with this adjacent property (Talbot Lodge) and the south facing balcony would afford some overlooking to the land to the immediate east of this neighbouring dwelling. The loss of what is currently open space and its replacement with a dwelling will have an inevitable consequence, in terms of the current outlook from neighbouring dwellings, and whilst a discreet view to the south may be possible, the separation distance of between 17 and 19m achieved in this instance is considered sufficient to mitigate against any excessive negative impact such that a recommendation of refusal could not be justified.

Common Land

The application site abuts the common CL 107 but is unaffected by the proposal.

Drainage

The application proposes the use of mains drainage. Policy EV33 of the UDP suggests that planning permission will only be granted where development can be served by the public mains sewer. Dwr Cymru/ Welsh Water have been consulted and they have not objected in terms of connecting to the sewer. However it was noted that a public main sewer crosses the site and that no development would be permitted within 3m either side of this pipe, hence the developers revised the plans to cater for this easement. No further adverse comments have been received from Dwr Cymru Welsh Water.

Consultation was not deemed necessary with the Environment Agency as the proposal does not involve the creation of non-mains drainage and there are no known flooding risks in the locality. A condition will be attached to the permission requiring drives, paths, and roadway to be constructed from permeable surfaces.

Page 44 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 3 (CONT’D) APPLICATION NO. 2013/1322

Ecology

In terms of ecological issues the Councils Ecologist is satisfied that the site is not host to any protected species and raises no objection to the proposal subject to standard advisory notes.

Highway Safety

Policy EV1 and EV16 of the UDP require new development to not result in significant harm to highway safety.

One dwelling (plot 3) would be accessed from the lane running along the southern boundary of the site. This lane goes on to serve a number of other properties and is single width with passing places. The access to the southern dwelling (plot 3) will be wide enough to allow vehicles to pass at that point.

The other two dwellings, plots 1 and 2, will be accessed from the lane north of the site. Recently consent was granted for 4 new dwellings on the adjacent land (Emmanuel House). This lane is also single width but much shorter and serves far fewer properties. The access drives to each of the two plots are to remain open and as with Plot 3 to the south, will provide a passing facility at the point of access, so that passing vehicles will be able to use the access junction to pass each other.

On balance therefore, the Head of Transportation and Engineering recommends no highway objection subject to the access drives remaining open without gates or obstruction so as to allow passing vehicles to use each access point as a passing bay.

Response to Consultations

Notwithstanding the above a total of 16 letters of objection were received raising the following concerns; the proposal being out of keeping with the Conservation Area, the impact upon the setting of adjacent properties, design, proposal is contrary to the provisions of the Swansea UDP, siting, scale and height of the dwellings, overdevelopment of the site, impact on the Gower AONB and village setting, impact upon the skyline, principle of development, overlooking, overbearing, access issues, traffic implications, lack of capacity in the local infrastructure, pedestrian safety, drainage issues, ecological implications and loss of light. The issues pertaining to which have all been addressed in the main body of my report.

Other issues

Concern has been expressed that the development would represent an over development of the site, however, it is considered that, the site is large enough to accommodate the proposal without appearing over intensive for the site or the area.

Page 45 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 3 (CONT’D) APPLICATION NO. 2013/1322

The setting of a precedent and other similar history in the vicinity of the site are not considered to give rise to overriding concerns given that it is incumbent that the application is considered on its own merits.

Issues which arise during construction are a temporary inconvenience and as such do not form a valid material consideration during the determination of this application. Issues which persist are a matter for the police.

Concern has been raised relating to damage to adjacent boundaries, however this is not a material planning consideration and is covered under separate legislation. An informative will be added to the consent advising the applicants about their legal obligations under the Party Wall Act.

With regard to the public consultation exercise and perceived lack of notification, the application was advertised on site and in the local press in accordance with statutory requirements. Following concern over the site notices being posted in a concealed siting two further notices were sited on the southern side of the site. Upon receipt of amended plans, all previous objectors were consulted and three further site notices posted on site which is over and above the statutory requirements for public consultation.

Final concern has been raised regarding land forward of Plot 3 fronting the southern access lane which falls within third party ownership. This is noted and has been fully acknowledged by the applicants and the access to plot 3 is designed in such a way to allow for this.

Conclusion

In light of the above appraisal it is considered that the proposal would be acceptable in terms of its impact upon visual and residential amenity and the protected trees and would preserve and enhance the character and appearance of the Horton Conservation Area at this location and the wider Gower AONB. Furthermore the submission demonstrates that the proposal would have an acceptable impact upon highway safety and as such the proposal is considered to comply with Policies EV16, EV1, EV9, EV2, EV3, EV26, EV33, EV35 and EV30 of the City and County of Swansea Unitary Development Plan and a recommendation of approval is justified.

RECOMMENDATION APPROVE, subject to the following conditions:

2 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or amending that Order), Classes A, B, C, and D of Part 1 of Schedule 2 shall not apply. Reason: The development hereby approved is such that the Council wish to retain control over any future development being permitted in order to ensure that a satisfactory form of development is achieved at all times. Page 46 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 3 (CONT’D) APPLICATION NO. 2013/1322

4 The dwelling(s) shall be constructed to achieve a minimum of Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category "Ene1 - Dwelling Emission Rate" in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (November 2010 - Version 3). The development shall be carried out entirely in accordance with the approved assessment and certification. Reason: In the interests of sustainability.

5 The construction of the dwelling(s) hereby permitted and any external works shall not begin until an "Interim Certificate" has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Level 3) and a minimum of 1 credit under "Ene1 - Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability.

6 Prior to the occupation of the dwelling(s) hereby permitted, a Code for Sustainable Homes "Final certificate" shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes (Level 3) and a minimum of 1 credit under "Ene1 - Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability.

7 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or amending that Order), no gates walls, fences or any other means of enclosure including planting shall be erected along the northern boundary, and shall not project forward of any part of the dwellings hereby approved on plots 1 and 2 unless otherwise agreed in writing with the Local Planning Authority. Reason: In the interest of visual amenity

8 Before the development hereby permitted is commenced, details of the levels of the building(s), road(s) and footpath(s) in relation to the adjoining land and highway(s) together with any changes proposed in the levels of the site shall be submitted to and agreed by the Local Planning Authority in writing. Reason: To ensure that the work is carried out at suitable levels in relation to the highway and adjoining land having regard to drainage, gradient of access, and the amenities of adjoining occupiers.

Page 47 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 3 (CONT’D) APPLICATION NO. 2013/1322

9 Foul water and surface water discharges shall be drained separately from the site. Reason: To protect the integrity of the Public Sewerage System.

10 No surface water shall be allowed to connect (either directly or indirectly) to the public sewerage system unless otherwise approved in writing by the Local Planning Authority. Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.

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

12 No development shall take place without the prior written approval of the Local Planning Authority of a scheme for the landscaping of the site. The landscaping scheme shall include a management scheme for the future maintenance and management of the semi-circular green focal space forward of plats 1 and 2, and shall be carried out within 12 months from the completion of the development. Any trees or shrubs planted in accordance with this condition which are removed, die, become seriously diseased within two years of planting shall be replaced by trees or shrubs of similar size and species to those originally required to be planted. Reason: To ensure that the site is satisfactorily landscaped having regard to its location and the nature of the proposed development, and to accord with Section 197 of the Town and Country Planning Act 1990.

13 The first floor window serving the en-suite in the eastern side elevation of plot 1, and east facing en-suite window of plot 2 as indicated on the submitted plans shall be obscure glazed and unopenable below a height of 1.7m from internal floor level, and shall be retained as such at all times unless otherwise agreed in writing by the Local Planning Authority. Reason: To safeguard the privacy of the occupiers of neighbouring residential properties.

14 The access drives to each of the three dwellings hereby approved shall remain open and unobstructed with no gates, walls, fences or any other means of enclosure erected unless otherwise agreed in writing by the Local Planning Authority Reason: In the interest of highway safety

15 Before the development hereby approved is occupied the means of enclosing the boundaries of the site and individual curtilages of all dwellings shall be completed in accordance with details to be submitted to and approved in writing by the Local Planning Authority. Reason: In the interests of visual amenity and general amenity. Page 48 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 3 (CONT’D) APPLICATION NO. 2013/1322

16 The approved access drive, footpaths and driveways shall be constructed from a permeable surface. Reason: To ensure a satisfactory means of drainage.

INFORMATIVES

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

3 PARTY WALL ETC ACT 1996 The developer is advised that the provisions of the Party Wall etc. Act 1996 may be applicable to the proposal and is advised to seek appropriate advice prior to any work commencing on site.

PLANS

HG.10.48 AL(0)2.1 house 1 ground floor plan, HG.10.48 AL(0)2.2 house 1 first floor plan, HG.10.48 AL(0)2.3 mezzanine and roof plan, HG.10.48 AL(0)3.1 front and side elevations, HG.10.48 AL(0)3.2 rear and side elevation, HG.10.48 AL(0)3.3 section, HG.10.48 AL(0)4.1 house 2 ground floor plan, HG.10.48 AL(0)4.2 house 2 first floor plan, HG.10.48 AL(0)4.3 house 2 mezzanine floor and roof plan, HG.10.48 AL(0)5.1 house 2 front and side elevations, HG.10.48 AL(0)5.2 house 2 rear and side elevations, HG.10.48 AL(0)5.3 house 2 section, HG.10.48 AL(0)6.7 3D views, tree survey received 3rd September 2013 HG.10.48 AL(0)6.1 house 3 ground floor plan, HG.10.48 AL(0)6.2 house 3 first floor plan, HG.10.48 AL(0)6.3house 3 roof plan, HG.10.48 AL(0)6.4 front and side elevations, HG.10.48 AL(0)6.5 house 3 rear and side elevations, HG.10.48 AL(0)6.6 internal elevations, HG.12.09 AL(0)1.6 3D views, HG.12.09 AL(0)1.5 street house 1 & 2 street view, HG.12.09 AL(0)1.4 profiles, HG.12.09 AL(0)2.0 site plan, HG.12.09 AL(0)1.3 house 1 elevations, HG.12.09 AL(0)1.2 farmhouse elevations, HG.12.09 AL(0)1.0 site location and block plan, HG.12.09 AL(0)1.1 farm house elevations received 20th November 2013.

Page 49 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 4 APPLICATION NO. 2013/1597 WARD: Penclawdd Area 2

Location: 6A Glanmor Terrace, Penclawdd, Swansea, SA4 3YL Proposal: Change of use from office (Class A2) to a pizza takeaway (Class A3) Applicant: Mr Omer Yildirim

Drain Mud

Mean High Water

D rain

6a 6 7 1 5.5m 15 Glanmor Terrace

LB 1

Shelter 2 Health PC PO Hall Centre

CAE FOLLAND

1 C 4 1

4 w 6

e i

a 1

NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright.

Page 50 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 4 (CONT’D) APPLICATION NO. 2013/1597

BACKGROUND INFORMATION

POLICIES

Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).

Policy EV40 Development proposals will not be permitted that would cause or result in significant harm to health, local amenity, natural heritage, the historic environment or landscape character because of significant levels of air, noise or light pollution. (City & County of Swansea Unitary Development Plan 2008)

Policy EC6 The provision of appropriate small-scale local shopping and neighbourhood facilities will be encouraged within local shopping centres and areas of acknowledged deficiency in order to meet local need. (City & County of Swansea Unitary Development Plan 2008)

Policy AS6 Provision of car parking in accordance with adopted standards. (City & County of Swansea Unitary Development Plan 2008)

Policy EV3 Proposals for new development and alterations to and change of use of existing buildings will be required to meet defined standards of access. (City & County of Swansea Unitary Development Plan 2008)

SITE HISTORY

App No. Proposal 2007/2033 Change of use from ground floor office (Class A2) and first floor flat into, two residential units with two storey rear extension and external alterations to front elevation Decision: Grant Permission Conditional Decision Date: 02/11/2007

2006/2196 Two storey rear extension, external alterations to front elevation and subdivision of existing property to form two residential units of accommodation and extension to existing office Decision: Refuse Decision Date: 23/11/2006

Page 51 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 4 (CONT’D) APPLICATION NO. 2013/1597

74/0869/03 ADAPTATION OF EXISTING SHOP PREMISES TO BANK PREMISES Decision: *HGPCU - GRANT PERMISSION UNCONDITIONAL Decision Date: 28/11/1974

92/1191 CONTINUED USE OF GROUND FLOOR DELICATESSEN BAKERY AND CAFE Decision: Withdraw Decision Date: 26/04/1993

RESPONSE TO CONSULTATION

The application was advertised on site and the neighbouring properties were consulted on an individual basis. FIVE LETTERS OF COMMENT and SIX LETTERS OF OBJECTION have been received their content is summarised as falling within the following categories.

1. Highway safety and parking problems. 2. Hygiene and waste disposal problems. 3. Noise, Smells and disturbance. 4. No access to the rear of the site identified. 5. General loss of residential amenity.

The Gower Society Objects for the following reasons

1. Create more traffic and parking in this location, that can on a regular basis be already constricted. 2. Generate more light pollution due to extended working and opening hours. 3. Produce more noise (and possibly unacceptable cooking smells) that will not be compatible with the residential nature of this street.

Llanrhidian Higher Community Council - The Community Council has objections to the proposal on the grounds of noise, parking and the affect on the surrounding neighbourhood, particularly through litter nuisance.

Highways Observations

The current commercial use of the premises as an office has the potential to attract a staff and visitor parking demand at all times of the day. Limited lay-by facilities are available near the frontage and on street opposite the premises. However, the lay-by is likely to have more demand in the evenings when residents are home from work. The proposed takeaway, whilst generating some demand during the day is more likely to be busier in the evenings therefore generating a different pattern of parking demand to the current office use.

The health centre opposite the site generates parking demand during the day and there is likely to be roadside parking available in the evenings to coincide with the higher demand from takeaway use. Therefore customers would have to use road side parking opposite the takeaway premises. On balance, I recommend that no highway objections are raised.

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ITEM 4 (CONT’D) APPLICATION NO. 2013/1597

Pollution Control

No objection subject to the provision of the appropriate conditions: relating to fume extraction and ventilation.

APPRAISAL

This application is reported to Committee and a Site Visit has been requested by Cllr. Mark Thomas in order to asses the impact upon residential amenity and highway safety.

Full planning permission is sought for the change of use of No 6a Glanmor Terrace, Penclawdd, from an office (Class A2) to a hot food takeaway (Class A3) providing a pizzeria, no external alterations are proposed under this current application. The site was previously used as a bakery without the benefit of planning permission. It occupies a position in the middle of a run of terraced properties all of which are in residential use with the exception of No.1 Glanmor Terrace which is currently operating as a funeral parlour for which no planning history is available but anecdotal evidence suggests has been in operation for in excess of 10 years.

On the opposite side of the highway is a bus stop serving a range of community facilities running from a post office to the east with a health and community centre bounded by an area of public open space to the west, beyond the public open space is a butchers shop located in Cae Folland.

The main issues for consideration in this instance relate to the acceptability of the use at this location and the potential impact of the application upon the visual and residential amenity of the area together with highway safety standards having regard to Policies EV1, EV2, EC6, EV40 and AS6 of the Swansea Unitary Development Plan 2008 and the Supplementary Planning Guidance entitled ‘District Centres, Local Centres & Community Facilities 2010’, which describes the local provision within Penclawdd as a “rural centre serving north Gower with a scattering of shops, A3 establishments and other businesses, dominated by a large supermarket on Station Square”.

It is noted that Penclawdd Centre at or near Station Cross already hosts a number of takeaway outlets that are by nature open late into the evening which are currently operating quite successfully, these business premises include the supermarket facility that is open until 2100 hrs on most weekdays.

The proposed development is considered to sit well outside what has been identified as part of this Local Centre and would serve to form part of what would be considered a neighbourhood facility. The SPG entitled District Centres, Local Centres and Community Facilities clearly sets out criteria to be used when assessing the potential contribution a proposed development would make toward strengthening community facilities.

Having considered the existing use against the criteria as set out in the adopted SPG it is considered that the current A2 use of this premises does not provide an important facility that must be retained to the benefit of the wider community. It is considered that whilst there are no similar financial services offices serving the community this was not a bank and the fact that the business has ceased trading is evidence in itself that there is limited support from within the community for this type of service, it is therefore considered that an appropriate change of use at this location would be acceptable in principle. Page 53 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 4 (CONT’D) APPLICATION NO. 2013/1597

Historically the premises had operated as a bakery, however the only authorised use of this premises has been for residential (C3) or banking/financial services (A2). A recent grant of planning permission Ref: 2007/2033 for the conversion and extension of the building to provided 2 No. flats was not, however, implemented.

Visual Impact

No external alterations are proposed under the current application, and the shop frontage will remain structurally unchanged, however, it is inevitable that should planning permission be granted for the current scheme the fascia signage would be replaced as a minimum; however, the local planning authority would exercise further control over this under the Control of Advertisements Regulations as necessary.

Residential Impact

The application property is reasonably well served by public parking facilities, however it is acknowledged that there is a high demand for on street parking during the day arising from the operation of the Health Centre and in the evening arising from residential users. The applicant has indicated hours of operation from 12.00 p.m. to 12.00 a.m. seven days a week. Given the proposed use as a take away restaurant it is considered that the bulk of this trade is likely to take place during the evening and late night opening.

Given the nature of surrounding land uses, with residential properties located directly to either side and above the application unit, it is considered that the use, as a take away, would give rise to a harmful impact upon residential amenity by way of an increase in noise, and by virtue of the increase in comings and goings associated with the operation of a business of this nature.

The street fronting the property has some general parking provision that could accommodate customer parking and as such no highway objections are raised.

It is considered that the existing vacant use at this prominent location currently contributes towards the “down at heal” appearance of the commercial frontage, and the introduction of a non-retail use to the ground floor of this premises would not necessarily result in negative impact upon the character of the street scene, such that a recommendation of refusal would be warranted, however, this is not considered sufficient justification for a Class A3 to be sited in such close proximity to residential properties and the inevitable resultant increase in disturbance as a result of comings and goings associated with the proposed business.

In conclusion and having regard to all material considerations including the Human Rights Act, the introduction of the proposed A3 takeaway use at this location is considered unacceptable and that the amenities of surrounding residential occupiers would be significantly harmed were a use of this nature to be introduced. The proposal is therefore not compliant with the provisions of Policies EV1, EV2, and EV40 of the City and County of Swansea Unitary Development Plan. Refusal is therefore recommended.

RECOMMENDATION

REFUSE, for the following reason:

Page 54 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 4 (CONT’D) APPLICATION NO. 2013/1597

1 The proposed Class A3 takeaway use would introduce an intrusive form of development within a residential area and by virtue of an increase in general disturbance and associated vehicular and pedestrian movements, particularly during unsociable hours, would be detrimental to the residential amenities of neighbouring occupiers contrary to Policies EV1, EV2 and EV40 of the City & County of Swansea Unitary Development Plan 2008.

INFORMATIVES

PLANS

Site location plan received 28th October 2013

Page 55 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 5 APPLICATION NO. 2013/1255 WARD: Gower Area 2

Location: 'The Hollies' Llanrhidian Swansea SA3 1ER Proposal: Replacement dwelling with free standing solar array, detached garage and associated landscaping Applicant: Mr Simon Frobisher

Cartref

Morar 9.3m

Copperwood

M IL L L A N Y Login E The Hollies

Ty Morfa

Big House Well

Swn-y-nant

Baytree House

R M

i i v l Bwthyn Berwig l

C r

s o

i d t

e a

e October Cottage

c i e 16.9m

g w k r a c t i e t w B o r

C e e B g a t t o C The Croft

y ll o H Three Ways

St Rhidian's NOT TO SCALE This material has been reproduced from Ordnance Survey digital map data with the permission of the controller of Her Majesty’s Stationery Office, © Crown Copyright. Page 56 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 5 (CONT’D) APPLICATION NO. 2013/1255

BACKGROUND INFORMATION

POLICIES

Policy Policy Description Policy EV1 New development shall accord with a defined set of criteria of good design. (City & County of Swansea Unitary Development Plan 2008).

Policy AS6 Provision of car parking in accordance with adopted standards. (City & County of Swansea Unitary Development Plan 2008)

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ITEM 5 (CONT’D) APPLICATION NO. 2013/1255

SITE HISTORY

App No. Proposal 2008/1746 Residential development (outline) including demolition of existing dwelling Decision: Refuse Decision Date: 08/04/2009

2012/0216 Replacement dwelling and detached shed with associated external works Decision: Grant Permission Conditional Decision Date: 26/06/2012

2012/1428 Construction of detached dwelling without achieving code level 4 (variation of conditions 5, 6 and 7 of Planning Permission 2012/0216 granted 26th June 2012) Decision: Grant Permission Conditional Decision Date: 21/01/2013

RESPONSE TO CONSULTATIONS

The application was advertised on site as a departure to the development plan. In addition, 3 properties were individually consulted.

Llanrhidian Lower Community Council : Make the following observations;

1. We have an issue with the Brise Soliel 2. The development would blend in with the surrounding countryside if the flat roof was replaced with a pitched roof.

The Gower Society: Make the following observations;

1. The frontal house is in accord with the design guide. 2. The impact of the box element will be minimal. 3. The windows in the box should be natural and dark to avoid standing out 4. We have concerns about a small property being bought up and redeveloped and greatly increased in size.

Welsh Water: No Objection: The proposal intends using a private package treatment works and we would advise that the applicant contact NRW.

Natural Resources Wales : No Comment has been received in respect of the current scheme, however previous correspondence in respect of the proposed method of foul and surface water drainage at this location was considered acceptable subject to compliance with building regulation standards .

Planning Ecologist : Makes the following observations : The building has been subject to a survey for protected species, evidence of use of the building by two species of bats was found (soprano pipistrelle and brown long-eared). Page 58 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 5 (CONT’D) APPLICATION NO. 2013/1255

The development will require an NRW licence to disturb protected species. A condition must be added to any permission given to require that a protected species licence is obtained prior to any work starting.. The mitigation suggested in the Bat survey will ensure the maintenance of the conservation status of the species affected.

Highways and Transportation: Make the following observations;

Proposals are for a replacement 3 bed dwelling, detached garage and associated landscaping. The applicant is proposing up to 6 parking spaces on site, which is ample for a property of this size and allows for turning space. The parking area will be accessed from a new vehicle crossing taken over a highway verge and the entrance will be set back approximately 5m from the carriageway. There are no highway objections subject to the construction of a vehicle crossing to Highway Authority specification.

APPRAISAL

The application is reported to Committee for decision at the request of Cllr Richard Lewis in order to assess the proposal in respect of the visual impact of the proposal upon Gower AONB.

This planning application is for the demolition of the existing bungalow known as “The Hollies”, Llanrhidian, and its replacement with a two storey dwelling with detached outbuilding/garage. The plot has previously received the grant of planning permission for a replacement dwelling in June 2012 (Ref:2012/0216).

The proposed development currently before the Local Planning Authority seeks to modify the previously approved scheme in so far as the rear contemporary element will be modified to incorporate a flat parapet roof design that will provide screening to a solar array. The principle traditionally designed element presenting to the highway will be broadly similar to that which was granted permission under the cover of the previous approval.

The application site is situated within the Gower Area of Outstanding Natural Beauty; the application site is rectangular in shape, includes the existing bungalow on its western edge and measures approximately 39 metres in width and 21 metres in depth. The site lies on the extreme edge of the settlement, immediately to the north of the narrow lane heading out of Llanrhidian towards the “Marsh Road” and Wernffrwd. The Hollies itself is a small bungalow of traditional post war design and is considered to be of little architectural merit. The property’s small scale, however, ensures it is not prominent in the landscape. There is presently no defined curtilage to the property, the former timber fence and hedge which enclosed the site having been removed.

Several design amendments have also be made to address officer concerns with regard to the visual impact of the development on the character and appearance of the area.

Main Issues

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ITEM 5 (CONT’D) APPLICATION NO. 2013/1255

The principal development plan policies against which the application should be considered are Policies EV1, EV2, EV9, EV16 and EV26 of the Swansea Unitary Development Plan 2008 (UDP).

Policy EV20 restricts development in the open countryside except in defined circumstances. Policy EV16 allows for development within specified small villages where the development is acceptable in terms of siting, scale, design, prominence, materials, relationship to other features, landscaping and access works. The policy amplification states that “within” the settlement in the context of this policy is defined as what could reasonably be incorporated into the existing village form without detracting from its character and amenity. It also states that the filling of gaps in an otherwise continuous frontage will not always be an acceptable form of development, especially where this has the effect of changing an informal, low density linear or dispersed village into a suburban street. The village ‘boundary’ is not specifically defined on the proposals map and is therefore a matter essentially to be considered on an individual basis against the criteria and amplification to Policy EV16. Llanrhidian is identified as a small village within the UDP.

Policy EV26 identifies the protection and enhancement of the natural beauty as the primary policy objective for the Gower Area of Outstanding Natural Beauty.

In terms of its overall character and appearance, Llanrhidian has evolved in recent years, but remains predominantly rural due to the markedly dispersed and linear form of development, and the close relationship with the adjoining countryside which wraps around the established buildings. These spaces create important visual breaks in the overall form of the settlement and represent an intrinsic part of the special character and form of this rural settlement. The established character and form of development in the area around the application site is predominantly low density, with dwellings sited in a dispersed and irregular pattern.

The site area now follows the historic boundary of the site as indicated on the Ordnance Survey plan, which reflects the position of a hedge boundary that previously enclosed the land. The hedge boundary was removed prior to the applicants purchasing the property, therefore the curtilage of the plot is currently undefined, however the applicants intend to plant a new replacement native hedge boundary to define the curtilage of the dwelling.

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ITEM 5 (CONT’D) APPLICATION NO. 2013/1255

In light of the fact that the site boundary reflects the siting of the former hedge boundary it is considered that the development would be ‘within’ the settlement, as such the development would not be a departure to the development plan. Notwithstanding this, the development would need to comply with the criteria of policy EV16, however, in principle, the replacement of the bungalow with a new dwelling is considered to be acceptable.

Visual Amenity

The immediate context comprises various two storey detached houses of traditional ‘double fronted’ design with simple pitched roofs and rendered elevations.

The existing bungalow is a post war construction sited adjacent to the western boundary of the site and is set back from the road frontage by some 9 metres. The building has little design merit and, it is considered, does not contribute positively to the character of the settlement or the wider AONB.

The proposal involves the demolition of the existing building and its replacement with a two storey traditionally designed dwelling which links to a contemporary element providing additional accommodation that would read as a contemporary extension to a traditional building. A single storey outbuilding/garage would be provided on the eastern end of the proposed yard area. The land surrounding the buildings would be used as garden area and the site would be enclosed by existing and new hedge planting together with a low stone boundary wall along part of the site frontage, which will replace part of an existing hedge.

The proposals comprise of a new 2 storey dwelling of a traditional appearance similar to that of the adjacent existing dwelling. To the rear of this it is proposed to incorporate a 2 storey, flat roofed contemporary element linked to the main house via a short glazed link. A secondary single storey flat roofed element is proposed to the rear of the 2 story contemporary element at an angle of approximately 45 degrees. It is proposed to pull the footprint of the dwelling closer to the road than the existing bungalow in order to maximise amenity space to the rear. In addition to this a single storey, pitched roof garage finished corrugated fibre cement is proposed to the north of the house fronting onto the road. The design approach follows the guidance set out in the adopted Gower AONB Design Guide SPG and also incorporates the positive elements of local character identified in the Design Guide Settlement Strategy.

The massing of the development is successfully reduced in the traditional manner through a division into three distinct elements as follows:

The Farmhouse which faces onto the lane has a traditional vernacular appearance. It is of a double fronted design finished in painted render with central porch, small scale timber windows, natural slate roof and low height (4.2m to eaves and 6.5m to ridge). The relationship to the lane is further enhanced by a traditional stone wall and gate pillars enclosing the front garden.

Whilst the proposals represent a complete new build, the differing appearance of the traditional main house and the contemporary rear element mean these will seen/read as an original dwelling fronting the road with a contemporary rear extension.

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ITEM 5 (CONT’D) APPLICATION NO. 2013/1255

As such the flat roofed rear element should be designed to be subservient to the traditional front element of the dwelling. This approach would be in line with the guidance set out in section A1.93 (d) and (f) of the Gower Design Guide.

The last element is the detached single garage which is detailed as a subservient outbuilding with pitched roof constructed in corrugated fibre cement with timber doors and windows.

The vehicular access is via an agricultural gate set in a local stone wall to a courtyard area. This will minimise the impact of parked cars on the lane.

The footprint of the proposed dwelling and outbuilding would be approximately twice the size of the existing bungalow, however the scale of the development has been successfully broken down into the components described above. The heights of the components relate well to the nearest property at Swn Y Nant.

In summary, whilst it is acknowledged that the development would be more visually prominent than the existing bungalow the simple high quality design which displays both traditional and contemporary vernacular architecture would ensure that the development would make a positive contribution to the visual amenities of the area, would conserve and enhance the Llanrhidian Conservation Area and the Gower AONB and would provide a sustainable form of development complying with the mandatory sustainability standards.

Residential Amenity

The proposed farmhouse would be sited some 2 metres from the boundary with Swn y Nant and would be some 9 metres from the side gable of this property. This separation distance is considered to be satisfactory to mitigate any significant overbearing or overshadowing impacts upon the occupiers of this property. In addition there would be no windows in the side gable of the farm house as such there would be no significant overlooking impacts upon the occupiers of Swn y Nant.

Environmental Sustainability

The applicant has submitted a Design and Access Statement indicating that the dwelling can achieve Code for Sustainable Homes Level 3 in line with the mandatory requirements as outlined in Planning Policy Wales, the building will be highly insulated and is considered to be capable of achieving close to Passivhaus Standard.

Ecology

A bat survey has previously been undertaken for the existing bungalow which identified that the roof has been used as a bat roost. The applicant will therefore need to obtain a WAG licence prior to any work starting and it is recommended that this is secured by condition. The applicant has submitted a bat roost mitigation and method statement; providing the suggestions contained in the document are followed the conservation status of the species involved will be maintained.

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ITEM 5 (CONT’D) APPLICATION NO. 2013/1255

Access and Highway Safety

Proposals are to demolish the existing dated bungalow on this site and replace with a 3 bedroom property. The applicant is proposing 4 parking spaces on site, which is ample for a property of this size and allows for turning space. The parking area will be accessed from a new vehicle crossing taken over a highway verge and the entrance will be set back approximately 2m from the carriageway. There are no highway objections subject to the construction of a vehicle crossing to Highway Authority specification.

Drainage and Burry Inlet Issue

The applicant has confirmed that the existing cesspit would be replaced with a package treatment plant and surface water would be drained to soakaways. The now Natural Resources Wales have confirmed that the nearest mains sewer is approximately 60 metres from the site as such the use of a package treatment system is considered to be satisfactory in principle.

The site is located within the drainage catchment area that drains to the Loughor Estuary and Burry Inlet which forms part of the Carmarthen Bay and Estuaries European Marine Site (CBEEMS). The City and County of Swansea, as the competent authority, is required under Regulation 61 of the Conservation of Habitats and Species Regulations 2010 to undertake a Habitat Regulations Assessment. Before deciding to give permission we must first consider whether this development is likely to have a significant effect on the CBEEMS either alone or in combination with other plans or projects in the same catchment area.

As part of their review of consents (RoC) under regulation 63 the Environment Agency (EA) undertook a detailed Habitats Regulations assessment in relation to the effects of their consented activities. Consent modifications were identified to enable the Environment Agency to conclude no adverse effect on the integrity of the CBEEMS in respect of their consents operating at their maximum consented limits. As the consents in question have already been subject to a full assessment (alone and in-combination) under the provisions of the Habitat Regulation, there is no need for the City and County of Swansea to undertake a further assessment where development can be accommodated within the post RoC discharge consent limits.

It is the opinion of the authority that this development can be accommodated within the post RoC discharge consent limits, and will not be likely to have a significant effect either alone or in-combination on the Carmarthen Bay and Estuaries SAC, the Carmarthen Bay SPA, or the Burry Inlet SPA and RAMSAR. Such effects can be excluded on the basis of the objective information available through the Environment Agency review. On this basis there is no requirement to make an appropriate assessment of the implications of the proposed development in accordance with regulation 61(1).

Conclusion

The proposal would replace a bungalow of little design merit and would introduce a high quality sustainable development that displays elements of traditional and contemporary vernacular architecture. The scheme has been broken down into individual components which would ensure that it would successfully assimilate with the surrounding context.

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ITEM 5 (CONT’D) APPLICATION NO. 2013/1255

In this respect the proposal would be in accordance with UDP design and conservation polices and the Gower AONB Design Guide SPG. The proposal would not result in any significant residential amenity impacts and is considered to be satisfactory in terms of ecology, access and highway safety. It is not considered that the provisions of the Human Rights Act would raise any further material planning considerations as such the application is recommended for conditional approval.

RECOMMENDATION

APPROVE, subject to the following conditions:

2 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking or amending that Order), class A, B, C, D, E and F of Part 1 and Class A of Part 40 of Schedule 2 shall not apply. Reason: The development hereby approved is such that the Council wish to retain control over any future development being permitted in order to ensure that a satisfactory form of development is achieved at all times.

3 No development shall take place without the prior written approval of the Local Planning Authority of a scheme for the landscaping of the site. The landscaping scheme shall be carried out within 12 months from the completion of the development. Any trees or shrubs planted in accordance with this condition which are removed, die, become seriously diseased within two years of planting shall be replaced by trees or shrubs of similar size and species to those originally required to be planted. Reason: To ensure that the site is satisfactorily landscaped having regard to its location and the nature of the proposed development, and to accord with Section 197 of the Town and Country Planning Act 1990.

4 Samples of all external finishes shall be submitted to and approved by the Local Planning Authority in writing before the development is commenced. The scheme shall be implemented in accordance with the approved details. Reason: In the interests of visual amenity.

5 The dwelling(s) shall be constructed to achieve a minimum of Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category "Ene1 - Dwelling Emission Rate" in accordance with the requirements of the Code for Sustainable Homes: Technical Guide (November 2010 - Version 3). The development shall be carried out entirely in accordance with the approved assessment and certification. Reason: In the interests of sustainability.

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ITEM 5 (CONT’D) APPLICATION NO. 2013/1255

6 The construction of the dwelling(s) hereby permitted and any external works shall not begin until an "Interim Certificate" has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes (Level 3) and a minimum of 1 credit under "Ene1 - Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability.

7 Prior to the occupation of the dwelling(s) hereby permitted, a Code for Sustainable Homes "Final certificate" shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes (Level 3) and a minimum of 1 credit under "Ene1 - Dwelling Emission Rate", has been achieved in accordance with the requirements of the Code for Sustainable Homes; Technical Advice Guide (November 2010 - Version 3). Reason: In the interests of sustainability.

8 Where any species listed under Schedule 2 and 4 of the Conservation (Natural Habitats &c.) Regulations 1994 is present on the site (or other identified part) in respect of which this permission is hereby granted, no works of site clearance, demolition or construction shall take place in pursuance of this permission unless a licence to disturb any such species has been granted in accordance with the aforementioned Regulations and a copy thereof has been produced to the Local Planning Authority. Reason: In order to ensure that the development complies with Schedule 2 and 4 of the Conservation (Natural Habitats &c.) Regulations 1994, and to secure the protection of listed European Protected Species on site.

9 Prior to the commencement of development the method of fixing the solar panels to the flat roof as indicated on drawing No. P04 Rev B shall be submitted to and agreed in writing by the Local Planning Authority. The development shall be completed and retained in accordance with the approved details unless otherwise agreed in writing with the Local Planning Authority. Reason: In the interests of the character and appearance of the Gower AONB.

INFORMATIVES

2 It is an offence under the Wildlife & Countryside Act 1981 (as amended) to intentionally (intentionally or recklessly for Schedule 1 birds) to: - Kill, injure or take any wild bird - Take, damage or destroy the nest of any wild bird while that nest is in use or being built - Take or destroy an egg of any wild bird - continued - Page 65 TH AREA 2 DEVELOPMENT CONTROL COMMITTEE – 14 JANUARY 2014

ITEM 5 (CONT’D) APPLICATION NO. 2013/1255

You are advised that any clearance of trees, shrubs, scrub (including gorse and bramble) or empty buildings should not be undertaken during the bird nesting season, 1st March - 31st August and that such action may result in an offence being committed.

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

4 The Developer must contact the Highway Management Group , The City and County of Swansea , Penllergaer Offices, c/o The Civic Centre , Swansea SA1 3SN before carrying out any work . Please contact the Senior Engineer (Development) , e-mails to : [email protected] or the Team Leader , e-mails to [email protected] , tel. no. 01792 636091

PLANS

S01 site location plan, P01 proposed block plan, P02 proposed site plan, P03 proposed floor plans, P05 garage elevations, S02 measured survey, S04 existing floor plans and elevations received 17th September, 2013. Amended plans P04 Rev B proposed elevations, P06 Rev A site context elevations & massing study received 10th December, 2013

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Councillors

Labour Councillors: 25 John C Bayliss Andrew J Jones Nicholas S Bradley David J Lewis June E Burtonshaw Paul Lloyd Mark C Child Geraint Owens Bob A Clay Jennifer A Raynor David W Cole J Christine Richards Ann M Cook Robert V Smith Jan P Curtice R C Stewart William Evans Mitchell Theaker Robert Francis-Davies Gloria J Tanner Terry J Hennegan Des W W Thomas David H Hopkins Mark Thomas Yvonne V Jardine

Liberal Democrat Councillors: 6 Mary H Jones Cheryl L Philpott Richard D Lewis T Huw Rees John Newbury R June Stanton

Independent Councillors: 4 E Wendy Fitzgerald Susan M Jones Lynda James Keith E Marsh

Conservative Councillors: 2 Anthony C S Colburn C Miles R W D Thomas

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