MERTHYR TYDFIL COUNTY BOROUGH COUNCIL
DATE WRITTEN 3rd November 2011 REPORT AUTHOR Norman Davies COMMITTEE Planning and Regulatory COMMITTEE DATE 16th November 2011
To: Chairman and Members of the Planning and Regulatory Committee to be held on Wednesday, 16th November 2011
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Report of the Director of Customer Corporate Services on applications received for determination and recommendation under the Town and Country Planning Act 1990 and Planning and Compensation Act 1991.
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LIST OF CONTENTS
1. Planning Applications for Committee Determination
2. Proposed Article 4(2) Direction – Pontmorlais Townscape Heritage Initiative
3. Appeal Received by The Planning Inspectorate
4. Appeal Decisions from The Planning Inspectorate
5. Planning Application Statistics
6. Delegated Decision List: 1 st – 31 th October 2011
GENERAL NOTES
1. In addition to those conditions specifically noted on the reports contained within this Committee Agenda, all decision notices issued (unless expressly noted as being an exception to this practice) will include a condition relating to the duration of the permission.
These conditions are expressly imposed in accordance with Sections 91 and 92 of the Town and Country Planning Act 1990.
All applications will be granted subject to a standard condition which requires that the development approved must commence within five years of the date of the permission (unless the Local Planning Authority stipulates an alternative time period).
Outline planning permissions will be issued subject to a condition requiring “reserved matters” to be submitted within three years of the date of the outline permission. Works in relation to the development must commence within five years of the initial outline consent, or if later, the expiration of two years from the final approval of the “reserved matters” or, in the case of approval on different dates, the final approval of the last such matter to be approved.
2. All related planning application documents are available for inspection within the Town Planning Division, at Ground Floor, Ty Keir Hardie, during normal office hours.
1. PLANNING APPLICATIONS FOR COMMITTEE DETERMINATION
Application Location Proposed Development Page No. No.
P/10/0078 Land To The North Of Shingrig Residential development (of up to And Gelligaer Road, East Of 300 residential units) and Mineral Railway Line, West Of associated infrastructure works Nant Caiach Stream, Trelewis
P/10/0227 Land Within Beacons Court Change of use of land to Swansea Road Merthyr Tydfil incorporate it within the curtilage of 11 Beacons Court, erection of garage within this land and erection of boundary walls
P/11/0134 21 Perrott Street Treharris CF46 Change of use from office (A2) to 5ER a day nursery/creche (D1) and erection of fence and gate
P/11/0180 Vulcan House Vulcan Road Conversion and restoration of Merthyr Tydfil CF47 8LN Vulcan House and demolition/redevelopment or rear annexe to provide 5 flats, demolition/redevelopment of new rear wing to accommodate 4 flats. Construction of two storey building to provide 2 flats and erection of 2 storey detached building to accommodate 4 flats. Creation of new access and parking area and other associated external works
P/11/0181 Vulcan House Vulcan Road Conversion and restoration of Merthyr Tydfil CF47 8LN Vulcan House and demolition/redevelopment or rear annexe to provide 5 flats, demolition/redevelopment of new rear wing to accommodate 4 flats. Construction of two storey building to provide 2 flats and erection of 2 storey detached building to accommodate 4 flats. Creation of new access and parking area and other associated external works
Application Location Proposed Development Page No. No.
P/11/0220 Tabor Chapel Grawen Lane Creation of access ramps, Cefn Coed Merthyr Tydfil provision of handrails, creation of new pedestrian access with gate in existing stone wall, installation of grilles to some windows, repositioning of gravestones, installation of internal stairlift, internal alterations to form disabled toilet, alteration and repositioning of pews, alteration to raised dais and other minor alterations
P/11/0221 Capel Tabor Grawen Lane Cefn Creation of access ramps, Coed Merthyr Tydfil provision of handrails, creation of new pedestrian access with gate in existing stone wall, installation of grilles to some windows, repositioning of gravestones, and other minor alterations
P/11/0242 Former Co-op 25 Blanche Street Change of use from A1 use class (17-19 High Street) Caeharris (Retail) to A3 use class (Restaurant)
P/11/0275 Former Gurnos House Care Erection of free standing hoarding Home Gurnos Road Gurnos sign Merthyr Tydfil
P/11/0276 Former Bargoed House Care Erection of free standing hoarding Home Williams Terrace Treharris sign
P/11/0280 Land Adjacent To Trevithick Erection of Tourist Interpretation Trail, North East Of 103 Panel Trevethick Street Penydarren Merthyr Tydfil
P/11/0281 Land Adjacent To Trevithick Erection of Tourist Interpretation Trail, Opposite Nos. 16 & 17 Panel Lower Mount Pleasant Troedyrhiw Merthyr Tydfil
Application Location Proposed Development Page No. No.
P/11/0287 Parcel Of Land In Taff Bargoed Erection of interpretation panel Park , Adjacent To Treharris Entrance Located To North East Of Treharris Boys & Girls Club (Forest Road, Treharris) Treharris
Application No. Date Determining Authority P/10/0078 24th March 2010 MTCBC
Proposed Development Location Name & Address of Applicant/Agent
Residential development (of up to Land To The North Of Messrs Hopkins & Collins 300 residential units) and Shingrig And Gelligaer & Price & Walters & associated infrastructure works Road, East Of Mineral Redrow Railway Line, West Of c/o Pegasus Planning Nant Caiach Stream, Group Trelewis Pegasus House Querns Business Centre Whitworth Road Cirencester
. APPLICATION SITE
This application relates to an extensive area of land in Trelewis that comprises approximately 13.8 hectares. The site lies to the north of the Shingrig Housing Estate and Gelligaer Road.
It is largely bounded to the west by a railway line although the western extremity of the site extends beneath the railway to where it joins the High Street. The site is bounded to the east by the Nant Caiach stream, which features various trees along its course. The stream and its corridor (of varying width along its length) is designated as a Site of Importance for Nature Conservation (SINC). To the north of the site lies open countryside and a small group of properties at Tir-shag.
The site is irregular in shape. Its profile is such that the eastern part of the site slopes gently southwards towards Gelligaer Road, whilst the western side of the site slopes downwards from east to west. The site is agricultural land (Grade 4), with the eastern part of the site comprising unmanaged pasture and managed hay meadow. The western part of the site accommodates a large proportion of trees.
The western part of the site is bisected by an access track that runs from the High Street, Trelewis beneath the railway line and to the Tir-shag properties (that lie to the north of the site).
PROPOSED DEVELOPMENT
Outline planning permission is sought to develop the site for residential purposes, with a maximum number of 300 residential units proposed. Matters relating to landscaping, the layout of the development, the scale and appearance of the proposed buildings have been reserved for future consideration (at reserved matters stage). However, details relating to the means of access into the site have been provided as part of this outline application.
The planning application was accompanied by the following documents:-
Transport Assessment Design and Access Statement (DAS) Carbon Reduction Strategy Code for Sustainable Homes Pre-Assessment Report Infrastructure Assessment Report Supporting Planning Statement Environmental Statement
Whilst specific details relating to the proposed development have not been provided as part of this application (except for the means of access serving the site), an indicative masterplan has been provided which, along with the DAS, illustrates the anticipated design principles relating to the scheme.
The primary means of vehicular access into the site will be created by the construction of a roundabout along part of the site frontage onto Gelligaer Road. It is a 28m inscribed circle diameter 3 arm roundabout, with the eastern and western arms comprising Gelligaer Road, and the northern arm being the new access road into the site. This new roundabout will require an existing section of Gelligaer Road to be re-aligned. The DAS states that a roundabout has been proposed in order to reduce vehicle speeds by the deflection of vehicles, as the majority of traffic speed along this section of highway has been recorded as being 10mph over the 30mph speed limit.
The existing access track serving the Tir-shag properties will be removed, although an emergency access into the site will be created into the western boundary of the site under the railway to High Street. A pedestrian and cycle route will however be provided from High Street (underneath the railway) to the Tir-shag properties. Upon the completion of the development, vehicular access to the Tir-shag properties will be gained via the new roundabout and internal estate roads serving the proposed dwellings. It is also anticipated that a number of pedestrian links into the site will be created, including pedestrian routes linking the Shingrig Housing Estate to the site, as well as creating routes into the open countryside to the north of the site.
The DAS indicates that the proposed scheme will feature higher density levels in the south-eastern sector of the site (near the proposed access point to the site) where it adjoins the north-eastern boundary of the Shingrig Estate. The majority of the buildings erected in this area of the site will be either 2 storey or 2.5 storey in height, although there will be a small number of three storey building containing apartments. Terraced properties (together with semi-detached and detached dwellings) are to be located in this area of the site in order to provide continuous frontages, to create greater enclosure and to define the routes and spaces in this part of the site.
The north-eastern sector of the site is to feature 2 and 2.5 storey buildings with a medium density. The western sector of the site is to again feature 2 and 2.5 storey buildings, although these will be a low density. The north-eastern and western parts of the site are to feature semi-detached and detached properties.
The applicant has provided the following range parameters for the buildings to be erected on the site.
Length (m) Depth (m) Height (m)
Min Max Min Max Min Max
Coach House 10 13 6 7 8 8.5
Apartment 16 40 7 11 8.5 12 Building
Terrace 15 25 8 10 8 9
Semi-detached 8 10 5 10 8 10
Detached 8 11 5 10 8 10
Garage 3 9 6 6 2.5 4.5
Cycle Store 2.5 7 3.5 4.5 3.5 4.5
Bin store/ 2 5 3 5 3 3.5 Ancillary Structure
A variety of house types and sizes will be provided within the overall scheme, although the specifics of these will be dealt with at reserved matters stage. The applicant has however indicated that a different range of materials will be utilised at different areas of the site. The buildings to be constructed nearest to the new roundabout to the site are to feature either rendered or reconstituted stone walls and slate roof tiles.
The area of the site adjoining the Shingrig Estate will predominantly feature buildings with rendered walls, although some buildings will be faced in brickwork to add variety and interest to the street scene. The central area of the eastern section of the site will feature buildings with these finishes, although the DAS indicates that there is also scope for ‘key’ buildings fronting the ‘central green’ area proposed for this part of the site to feature reconstituted stone. The buildings in both of these areas will feature grey roof tiles.
The remaining areas of the site (the northern and eastern parts of the site) will contain buildings predominantly faced in brickwork with rendered walls to key elevations. The buildings in this area are to feature predominantly grey roof tiles.
The DAS also indicates that the existing playground serving the Shingrig Housing Estate will be extended into the site, redesigned and improved. A Local Area of Play (LAP) will be provided in the western sector of the site together with the provision of ‘parkland areas’ containing existing and new trees. A Local Landscaped Area for Play (LLAP) will be created in the centre of the site, which is to incorporate the existing rocky outcrops, existing stone wall and trees. This LLAP is aimed at providing a natural open space. The DAS also indicates that the land at the eastern end of the site will not be developed but will instead be retained as a buffer zone or landscape corridor along the Nant Caiach stream, which will coincide with the extent of the SINC designation. It is indicated that the south-eastern corner of the site will be used as a Sustainable Urban Drainage (SUD) area, although specific details have not been provided.
The applicant has indicated that the overall construction period for the proposed development is estimated to be between 8-10 years, with the development being delivered in two phases – the eastern part of the site being developed first and then the western part. The applicant has indicated that construction traffic will utilise the same access as the new residential units throughout the development of the site.
PLANNING HISTORY
There is no planning history of relevance to the determination of this application.
CONSULTATION
The planning application was subject to an extensive consultation exercise when the application was first received in March 2010.
Further consultation was undertaken when an Environmental Statement – Addendum and revised DAS was received in March 2011.
Another consultation exercise was undertaken in July 2011 when a further Environmental Statement – Addendum and revised DAS was received.
The following were consulted as part of the various consultation exercises referred to above, and their most recent response provided.
Internal
Engineering Manager No objection subject to conditions
Town Planning Division’s No objection Group Leader (Policy and Implementation)
Town Planning Division’s No objection subject to conditions Landscape Officer
Town Planning Division’s No objection subject to conditions Countryside Officer
Town Planning Division’s No objection Heritage Officer
Public Protection Manager No objection subject to conditions
Leisure Division No objection subject to the developer providing a financial contribution of £85,000 in order to upgrade the existing nearby Multi Use Games Area (MUGA), and a contribution of £50,000 to extend and enhance the existing playground adjoining the site. The provision of an on-site LLAP and LAP is also considered acceptable.
Education Business Manager Advised that the proposed development would be likely to generate 75 additional primary school pupils, whereas the local primary school has only 31 surplus spaces. It is anticipated that £250,000 would be required to provide one additional classroom and to refurbish existing provision in order to accommodate the projected additional 44 pupils that the school does not currently make provision for.
It is considered that this matter should be addressed by means of securing a commuted sum of £250,000 through a Section 106 agreement.
Physical Regeneration Manager Requested that the developer makes a financial contribution towards the delivery of those projects contained within the Taff Bargoed Regeneration Strategy, which lie in close proximity of the application site
External
Environment Agency No objection subject to the imposition of conditions. Concerns were however raised by the EA regarding the impact of the proposal on the watercourses running through the site (the EA do not wish them to be culverted). Following direct discussions between the applicant’s agent and the EA, the agent has advised the EA that “ as a general approach the applicant will seek to retain open watercourses wherever possible ”.
Countryside Council for Wales Initially objected to the scheme as CCW did not consider that the Ecological Assessment that formed part of the original ES adequately addressed the ecological impacts of the scheme. CCW were of the view that due to a lack of sufficient ecological information, a full assessment of the potential impacts of the scheme of ecology could not be made.
The applicant subsequently provided an Addendum to the ES in an attempt to overcome these concerns. However CCW still raised concerns relating to the impact of the development on site ecology and the Nant Caiach SINC. They also raised concerns relating to a lack of information regarding the potential impact of the various mitigation methods suggested in the ES Addendum, in order to remediate the site if issues relating to ground instability become apparent.
The applicant submitted a second Addendum to the ES in order to address these issues. Following the receipt of this second ES Addendum, CCW withdrew its objection to the proposal.
RSPB No objection subject to conditions
Cadw No objection.
Glamorgan Gwent No objection subject to condition Archaeological Trust
Coal Authority No objection
Bedlinog Community No response Council
Police No response
Fire Service No objection
Welsh Water No objection subject to conditions
Wales & West Utilities No objection
Western Power Dist’ No objection
Neighbouring Authority
Caerphilly C.B.C. Raised concerns that the proposed development will have an adverse impact on the setting of the nearby Llancaiach Fawr (a Grade 1 Listed Building).
Commented that whilst the ES concludes that there is little likelihood of anything prehistoric in the area, it does not take into account aerial photography details from 1984 and 1985 that suggests prehistoric activity on the application site.
Suggested that, in the event that planning consent is granted, the trees along the Nant Caiach stream corridor and the soft landscaping in the SUDS area will need to be protected/enhanced by planning conditions.
Commented that the design of those houses built fronting onto Gelligaer Road (and hence closest to Llancaiach Fawr) will be important in protecting the setting of this Listed Building.
The Transport Assessment submitted as part of the application does not provide adequate information to allow Caerphilly’s Highway Engineer to consider whether or not the proposed development would have an adverse impact on highway safety and/or congestion within the area of Caerphilly C.B.C. likely to be affected by the development.
Requested that a joint Councillor office based meeting be arranged to enable Caerphilly Councillors to explain to Merthyr Tydfil Councillors the matters of concern, in particular the traffic impact concerns (in this regard, Committee will note that the matters are clearly set out above and that adequate responses are offered in the Archaeology, Cultural Heritage and Highway/Transportation sub-sections of this report).
PUBLICITY
This planning application was initially publicised (in April 2010) by the following means;
● a Press Notice in the Merthyr Express;
● by displaying six site notices at various locations near the site;
● by sending individual letters to the occupiers of 29 local residents.
This publicity exercise was repeated in March 2011 when the applicant provided an Addendum to the ES, and again in July 2011 when a second ES Addendum was received.
A total of 5 letters of objection have been received following these publicity measures. Three letters were received in response to the first publicity exercise, one letter were received in response to the second publicity exercise, and one single letter to the third publicity exercise.
The points of objection contained within these letters are summarised below.
1. A public right of way exists within the application site. The proposal identifies this right of way as a means of occupiers of the proposed dwellings from gaining pedestrian/bicycle access to Trelewis’s facilities and schools (via the link underneath the railway bridge). This right of way should therefore be removed.
2. The proposals indicate that the access track serving as the means of access to Cwrt-Y-Celyn Bungalow and Cwrt-Y-Celyn House (the access track underneath the railway bridge) will be removed and access to these properties will instead be provided via the new estate roads serving the proposed dwellings. The occupiers of these properties claim to have a right of access along this existing access track. The occupier of Cwrt-Y- Celyn Bungalow wishes this point of access to remain.
3. The site is a greenfield site. The locality is beautiful with many old oak and beech trees. A large tree located within the site has already been felled.
4. The volume of traffic using Gelligaer Road is already high. The junction of Gelligaer Road with High Street is also a cause for concern. The proposed development will exacerbate these problems.
5. The proposed development will have an adverse impact on the bats using the site.
6. The proposed scheme will adversely affect other wildlife using the site, including birds and lizards. It could also affect the Nant Caiach SINC.
7. The proposed development will affect the privacy of local residents.
8. The ‘buffer zones’ being proposed as part of the development could be out of character with the surrounding area and could be “hemmed in” by the built development being proposed.
9. The proposals suggest that a 20m wide buffer zone be used at the north- east boundary of the site. The width of this buffer zone should be increased so that the rights of occupiers residing in the dwellings to the north of the site can be preserved, and an improved wildlife corridor be provided.
10. The proposed development would fail to respect the character of the area.
11. The proposals indicate that the site may need to be drilled and grouted in order to deal with potential ground instability problems caused by past shallow mining works. Concerns are raised as to whether these works would create ground movements and whether these works would be restricted to certain times.
12. The proposals will result in the de-valuation of local properties.
POLICY CONTEXT
There are various national and Development Plan policies relating to the proposed development.
National policy is contained within Planning Policy Wales which is supplemented by a series of Technical Advice Notes (TANs). Development Plan policies are contained within the Merthyr Tydfil Local Development Plan 2006-2021.
National Policies and Advice
The overarching national planning policy document is Planning Policy Wales (PPW – February 2011). This document sets out the land use planning policies of the Welsh Assembly Government.
Only the most pertinent parts of PPW are discussed below, as several of the policies/policy objectives contained within PPW are repeated in the Council’s LDP Policies.
Section 4.10 of PPW deals with ‘Promoting sustainability through good design’’.
Paragraph 4.10.9 advises that;
“The visual appearance of proposed development, its scale and its relationship to its surroundings and context are material planning considerations. Local planning authorities should reject poor building and contextual designs. However, they should not attempt to impose a particular architectural taste or style arbitrarily and should avoid inhibiting opportunities for innovative design solutions.”
Paragraphs 4.11.2 and 4.12.4 advise that;
“Development proposals should mitigate the causes of climate change by minimising carbon and other greenhouse gas emissions associated with their design, construction, use and eventual demolition. The overall aspiration is to secure zero carbon buildings while continuing to promote a range of low and zero carbon (LZC) technologies as a means to achieve this.”
“To move towards more sustainable and zero carbon buildings in Wales, the Assembly Government expects that the following standards will be met:-
● Applications for 5 or more dwellings received on or after 1 September 2009 and applications for 1 or more dwellings received on or after 1 st September 2010 to meet Code for Sustainable Homes Level 3 and obtain the following credits under issue Ene1 – Dwelling Emission Rate:-
- 6 credits where Version 2 (May 2009) of the “Code for Sustainable Homes – Technical Guide” applies to the development on registration under the Code;
- 1 credit where Version 3 (November 2010) of the “Code for Sustainable Homes – Technical Guide” applies to the development on registration under the Code;
● Applications received on or after 1 st September 2009 for non-residential development which will either have a floor-space of 1000 sq m or more, or will be carried out on a site having an area of one hectare or more, to meet the Building Research Establishment Environmental Assessment Method (BREEAM) ‘Very Good’ standard and achieve the mandatory credits for ‘Excellent’ under issue Ene1 – Reduction of CO2 Emissions”.
Section13.9 of PPW deals with ‘Development control and unstable land’.
Paragraphs 13.9.1 and 13.9.2 advise that;
“Planning Decisions need to take into account:
● the potential hazard that instability could create to the development itself, to its occupants and to the local environment; and
● the results of a specialist investigation and assessment by the developer to determine the stability of the ground and to identify any remedial measures required to deal with any instability.”
“Where acceptable measures can overcome instability, planning permission may be granted subject to conditions specifying the necessary measures. If instability cannot be overcome satisfactorily, the authority may refuse planning permission. When planning permission is granted, a notice should be issued to inform the applicant that the responsibility and subsequent liability for safe development and secure occupancy of the site rests with the developer and/or landowner. It should also advise the applicant that although the local planning authority has used its best endeavours to determine the application on the basis of the information available to it, this does not mean that the land is free from instability.”
National guidance contained with the Technical Advice Notes (TANs) listed below is also relevant to the determination of this application.
● TAN 2 - Planning and Affordable Housing
● TAN5 - Nature Conservation and Planning
● TAN 12 - Design
● TAN 16 - Sport, Recreation and Open Space
● TAN 18 - Transport
● TAN 22 - Planning for Sustainable Buildings
Merthyr Tydfil Local Development Plan 2006-2011 (adopted 2006-2021)
The majority of the application site lies with the ‘Settlement Boundary’ and is allocated specifically for residential development in the Merthyr Tydfil LDP Proposals Map. The extreme western leg of the site (comprising a section of the existing track which goes beneath the railway line) is not however allocated for residential development in the LDP although it does fall with the Settlement Boundary.
The eastern boundary of the site and the south-eastern corner of the site are not allocated as residential development and also fall outside of the Settlement Boundary. However, the land comprising the eastern boundary of the site is to act as a buffer zone to the Nant Caiach SINC (and will be devoid of built development), whilst the south-eastern corner of the site is to be utilised as a SUDS area (and hence will also be devoid of built development).
The following Development Plan Policies are relevant to the determination of this application.
Policy AS2 Housing Allocations in the Secondary Growth Area
The application site is specifically for residential development (Site allocation H48 refers)
Policy AS6 Local Nature Conservation Designations
Using published scientific criteria, Sites of Importance for Nature Conservation have been designated as shown on the LDP Proposals Map. Applications for development affecting these sites and/or the Cwm Taf Fechan Local Nature Reserve, will not be permitted unless full account has been taken of the relevant features so as to prevent damage to their conservation value. Where appropriate, planning conditions or a planning agreement will be employed to safeguard and/or enhance features, or to provide appropriate mitigation and/or compensatory measures.
Policy BW5 Natural Heritage
The Council will protect and support the enhancement of the County Borough’s distinctive natural heritage. Development proposals will only be permitted where they maintain, enhance or do not cause harm to:-
● the landscape character of the countryside;
● national and local nature conservation designations
● trees, woodlands and hedgerows that have natural heritage value or contribute to the character and amenity of an area; and
● other biodiversity interests including protected and priority species and ecological networks
Policy BW6 Townscape and Built Heritage
The Council will protect and support the enhancement of the unique built heritage of the County Borough. Development proposals will only be permitted where it can be demonstrated they would preserve or enhance the architectural quality, character and setting of any of the following:-
● listed buildings;
● scheduled ancient monuments;
● conservation areas;
● registered Historic Parks and Gardens of Special Historic Interest;
● townscape character and the local distinctiveness of settlements;
● other historic, archaeological and cultural features of acknowledged importance.
Policy BW7 Sustainable Design and Place Making
The Council will support good quality sustainable design and require new developments to:
● Be appropriate to its local context in terms of scale, height, massing, elevational treatment, materials and detailing, layout form, mix and density.
● Integrate effectively with adjacent spaces and the public realm to enhance the general street scene and create good quality townscape.
● Not result in unacceptable impact on local amenity in terms of visual impact, loss of light or privacy, disturbance and traffic movements.
● Incorporate a good standard of landscape design.
● Sensitively relate to existing settlement patterns and take account of natural heritage and the historic environment on-site and in terms of potential impact on neighbouring areas of importance.
● Foster ‘inclusive design’ by ensuring the development allows access for the widest range of people possible.
● Contribute to the provision of usable open and outdoor play space, ensuring its accessibility and connectivity to other green infrastructure, footways and cycle-ways.
● Incorporate resource efficient/adaptable buildings and layouts using sustainable design and construction techniques, including the re-use and recycling of construction and demolition waste on site, and energy and water conservation/efficiency measures.
● Minimise the demand for energy and utilize the renewable energy resource through appropriate layout, orientation, mix of uses, density of development, landscaping, optimal use of local topography and incorporation of renewable energy technologies.
● Incorporate facilities for the segregation, recovery and recycling of waste.
● Provide a safe environment by addressing issues of security, crime prevention, and the fear of crime in the design of buildings and the space and routes around them.
Policy BW8 Development and the Water Environment
Proposals for built development will only be permitted where:-
● they avoid identified river flood plains in order that these areas continue to fulfil their flood flow and water storage functions;
● they do not have an adverse effect on the quality and/or quantity of surface waters or groundwater resources, and where opportunities exist, they incorporate measures to improve existing water quality; and
● adequate water and sewerage systems exist, or are reasonably accessible, or are capable of being provided prior to the development becoming operational without placing unacceptable pressure on existing capacity or causing unacceptable environmental harm
In addition, development proposals will be required to avoid exacerbating flood risk locally and elsewhere within the river catchment by incorporating sustainable drainage systems (SUDS) for the disposal of surface water.
Alternative methods of surface water disposal will only be considered where a developer demonstrates that the incorporation of SUDS is inappropriate for practical or environmental reasons
Policy BW12 Development Proposals and Transport
Where appropriate, the Council will expect all development proposals to demonstrate how they will:
● Help reduce the need to travel.
● Encourage the use of transport other than the private car.
● Avoid increasing traffic to unacceptable levels.
● Avoid causing or exacerbating highway safety problems.
Transport assessments will be required for developments likely to result in significant trip generation.
Policy TB11 Access, Parking and Accessibility of Local facilities
Proposals for development should ensure that:-
● any new highways are designed and constructed in accordance with the Manual for Streets and include operational and non-operational parking provisions according to adopted standards set out in CCS Wales – Wales Parking Standards, and the land use, density and location proposed; and
● the access needs and mobility requirements of all sections of the community, particularly those with special needs and disabilities, are met.
Should it be proposed to use reduced standards of highway design or construction, the proposal must be fully explained and justified.
Policy AS22 Affordable Housing Contributions
In order to ensure the delivery of affordable housing across the County Borough, the LDP will require, on sites of 10 units or more, the provision of:
● 10% affordable housing in the Primary and Secondary Growth Areas
● 5% affordable housing in the Other Growth Areas
Where applicants for planning permission can demonstrate that on-site provision of affordable housing is not possible, the Council will require a financial contribution towards the provision of affordable housing elsewhere in the County Borough.
Policy BW17 Securing Community Infrastructure Benefits
Development proposals will only be permitted where adequate community infrastructure capacity exists or where additional capacity is capable of being provided as part of the development without unacceptable impacts on people or the environment. In order to address the impacts of particular developments, the Council will seek to secure community infrastructure benefits through planning obligations. Such obligations may relate to:-
● affordable housing
● suitably designed and located public open space and play, recreation, sport and leisure facilities
● education provision
● specialist social care accommodation
● other community facilities
● highway works, pedestrian and cycling facilities, and public transport improvements
● improvements to the public realm
● waste management and recycling
● drainage and sewerage works
● flood risk mitigation measures
● nature conservation
Policy AS17 New Outdoor Sport/Play Space
In providing for well-located sport, recreation and leisure facilities including meeting Fields in Trust standards on the provision of usable and accessible outdoor sport and play space, the LDP requires that additional provision be made on-site as part of the following new housing developments as shown on the Proposals Map:-
● Heolgerrig (site allocation H12)
● Georgetown (site allocation H16
● Gurnos (site allocation H19)
● Penydarren (site allocation H22)
● Penyard (site allocation H26)
● Twynyrodyn (site allocation H29)
● Former Mardy Hospital (site allocation H30)
● Abercanaid (site allocation H33)
● Trelewis (site allocation H48)
PLANNING CONSIDERATIONS
Land Use Considerations
The majority of the application site lies with the ‘Settlement Boundary’ and is allocated specifically for residential development in the Merthyr Tydfil LDP Proposals Map. It will however be noted that the extreme western leg of the site (comprising a section of the existing track which runs beneath the railway line) is not allocated for residential development in the LDP although it does fall with the Settlement Boundary.
The eastern boundary of the site and the south-east corner of the site are not allocated as residential development and also fall outside of the Settlement Boundary. However, the land comprising the eastern boundary of the site is to act as a buffer zone to the Nant Caiach SINC (and will therefore be devoid of built development), whilst the south-east corner of the site is to be utilised as a SUDs area and hence will also be devoid of built development.
The proposal to develop the main part of the site for residential purposes clearly accords with the LDP allocation of the site for residential development. The principle of developing the site for such purposes is therefore considered acceptable in land use terms.
Impact on Local Residents
This is an outline planning application with all matters (except means of access) reserved for future consideration. Details relating to the precise layout, design and size of the proposed buildings are to be provided at a later date. It is therefore difficult to assess the impact of the proposal on local residents at this stage, as these issues will largely be considered when a detailed planning application is submitted.
The applicant has however submitted an Indicative Masterplan of the proposal which illustrates built development spread across the site with an average net density of approximately 30 dwellings per hectare. From the Indicative Masterplan provided, it is illustrated that several new dwellings and outbuildings will be built inside the southern boundary of the site, and hence in proximity to existing dwellings within the Shingrig Estate. Conversely, the Tir-shag buildings are separated from the application site by a minimum of 70m. It is considered that, based on the information provided, the proposal will, subject to acceptable layout and orientation, be unlikely to adversely impact on the living conditions of local residents.
It is also considered that the illustrative layout demonstrates that the proposed dwellings will not impinge on one another to such an extent that will result in adverse living conditions for future occupiers.
Highway/Transportation Considerations
Whilst specific details relating to the internal estate roads serving the development have not been provided as part of this planning application, the means of access to the site has been provided at this stage and hence is considered below.
The primary means of vehicular access into the site will be created by the construction of a roundabout along part of the site frontage onto Gelligaer Road. It will comprise a 28m inscribed circle diameter 3 arm roundabout, with the eastern and western arms comprising Gelligaer Road, the northern arm being the new access road into the site This new roundabout will require the realignment of an existing section of Gelligaer Road.
This roundabout has been proposed following pre-applications discussions between the Council’s Highways Division and the developer, in order to reduce vehicle speeds through the deflection of vehicles, as the majority of traffic speed along this section of highway has been recorded as being 10mph over the 30mph speed limit. Thus, the creation of this roundabout will not only provide a safe means of access to the site, but will also address the issue of speeding traffic along Gelligaer Road. This aspect of the proposal is therefore considered as acceptable.
Whilst, the internal layout of the proposed development has not been provided, it is accepted that the existing access track serving the Tir-shag properties will be removed, although an emergency access into the site will be created into the western boundary of the site under the railway to High Street, Trelewis, north of the Ffaldcaiach Public House.
A pedestrian and cycle route will however be provided from High Street (underneath the railway) to the Tir-shag properties. Upon the completion of the development, vehicular access to the Tir-shag properties will be gained via the new roundabout and internal estate roads serving the proposed dwellings. It is also anticipated that a number of pedestrian links into the site will be created, including pedestrian routes linking the Shingrig Housing Estate to the site, as well as creating routes into the open countryside to the north. On the basis that the internal layout of the proposed scheme has not yet been provided, no further comment is made on this issue at this stage.
The proposal relates to the development of up to 300 residential units and hence will generate additional traffic within the locality. A Transport Assessment (TA) was submitted as part of this planning application in order to assess the impact of increased traffic flows on the local highway infrastructure. The scope of the TA was agreed by the Council’s Highways Division and the Highways Division of Caerphilly C.B.C. beforehand. It should however be noted that the TA was based on a development of approximately 400 dwellings (therefore a larger anticipated amount of proposed dwellings when it was written in October 2009).
The TA assesses the potential impact of traffic generated by the proposed development on six separate junctions. Two of these junctions are located within this County Borough, whilst the other four are located within Caerphilly County Borough. They are listed below;
● Gelligaer Road/Proposed Site Access (Merthyr Tydfil)
● Gelligaer Road/High Street (Merthyr Tydfil)
● Shingrig Road/Bwl Road (Caerphilly)
● A472 Mafon Road/Llwyncelyn Terrace (Caerphilly)
● A472 Mafon Road/Cae Llwyndu/Dynevor Terrace (Caerphilly)
● A472 Mafon Road/Caerphilly Road (Caerphilly)
Trip rates for the proposed development have been based on trips derived from the TRICS (Trip Rate Information Computer System) database for the corresponding land use (in this case privately owned residential). Committee is advised that TRICS is a database of trip generation data from a wide variety of existing different sites around the UK. The main purpose of the database is to provide an estimate of likely trip generation to and from a new development, by comparing it with trip generation from existing sites.
The peak periods for traffic generated by the development are 8-9am and 5-6pm. Based on the TRICS database, the forecast two-way trip generations (to and from) the proposed development are 229 between 8-9am (51 vehicles arriving and 178 departing) and 246 between 5-6pm (172 arrivals and 74 departures). These increased traffic flows represent an increase of 42.24% (morning peak) and 42.09% (afternoon peak) when compared with existing flows. The TA advises that this increase is high at this (proposed) junction due to the low traffic flows at this section of Gelligaer Road.
The TA has been based on the assumption that 70% of the traffic leaving/entering the site during the morning peak hour travels to/from the west, whilst 60% of the traffic leaving/entering the site during the evening peak hour travels to/from the west.
Based on this assumption, the TA indicates that traffic flows resulting from the proposed development will increase by 19.85% (morning peak) and 14.17% (evening peak) at the Gelligaer Road/High Street junction, by 19.25% (morning peak) and 13.11% (evening peak) at the Shingrig Road/Bwl Road junction, by 4.95% (morning peak) and 3.89% (evening peak) at the A472 Mafon Road/Llwyncelyn junction, by 3.75% (morning peak) and 2.78% (evening peak) at the A472 Mafon Road/Cae Llwyndu/Dynevor Terrace junction and by 2.75% (morning peak) and 2.23% (evening peak) at the A472 Mafon Road/Caerphilly Road junction.
At the three junctions where the increased volume of traffic exceeds 10%, capacity assessments have been undertaken (as suggested by Institute of Highways and Transportation (IHT) guidance). In summary these junction capacity assessments (projected at 2015) indicate that these three junctions operate within their design capacity during all of the assessments carried out. The TA concludes that in 2015, even with the addition of the additional traffic generated by the proposal, there will be a relatively small impact in capacity terms on the junctions assessed, with all of the junctions forecast to operate within capacity and with acceptable levels of queuing.
This Council’s Highways Division is satisfied with the content, methodology and conclusions within the TA, and has subsequently raised no objection to the planning application.
However, Caerphilly C.B.C. consider that the TA does not provide adequate information to allow their Highways Engineer to consider whether or not the proposed development would have an adverse impact on highway safety and/or congestion within the area of Caerphilly C.B.C. likely to be affected by the development.
In essence, Caerphilly C.B.C. are dissatisfied with the TA as it does not contain capacity analyses relating to the three junctions with the A472 (the A472 Mafon Road/Llwyncelyn junction, the A472 Mafon Road/Cae Llwyndu/Dynevor Terrace junction and the A472 Mafon Road/Caerphilly Road junction). Nor does it provide any information about the junctions to the east of the site such as the signalised junctions at Penpedairheol and Pengam.
The three junctions referred to by Caerphilly C.B.C. were not assessed by the TA, as the projected increase in traffic at these junctions did not exceed 10% (they were all less than 5%). IHT guidance suggests that assessments are only required where traffic levels increase by more than 10%. This approach was included in the TA scoping exercise agreed between the developer and Highway Divisions of this Council and Caerphilly C.B.C.
The agreed scoping exercise also listed the six junctions that would be assessed. These are the six junctions referred to above. During the TA scoping exercise, it does not appear that the Highways Division of Caerphilly C.B.C. requested that additional junctions be assessed. Furthermore, it is noted that the signalised junctions at Penpedairheol and Pengam are a considerable distance from the proposed site entrance (over 2 miles and approximately 3.5 miles respectively).
Whilst the concerns of Caerphilly C.B.C. are acknowledged, it is considered unreasonable to now request the developer to provide a revised TA, as the scope of the TA was agreed beforehand.
Caerphilly C.B.C. have also requested that a joint Councillor office based meeting be arranged to enable Caerphilly Councillors to explain to Merthyr Tydfil Councillors their concerns relating to the application, in particular their traffic impact concerns. However, it is considered that the C.C.B.C. letter of objection already adequately describes their points of objection to the scheme, and hence it is not considered necessary to conduct such a meeting.
From the evidence provided, it is considered that the proposed development will not adversely impact on the local highway network serving the site.
The proposed development is also located within 400m of a number of bus stops, which provide opportunities for travel by sustainable modes of transport. The application site is also within walking distance of the commercial area of Trelewis and its primary school, particularly if the ‘link’ beneath the railway bridge is utilised in the detailed layout of the scheme. It is also noted that the site lies in close proximity (600m) to the Celtic Trail, which is a dedicated cycle route.
In addition, a Travel Plan will also be provided by the developer in order to inform and promote to residents of the site the sustainable modes of transport available in the area.
Ecology
The ES submitted as part of the planning application is supplemented by Ecological Assessments prepared by Capita Symonds and by Aspect Ecology. In essence, the information provided has examined the impact of the proposed development on the Nant Caiach SINC, trees, hedgerows, the semi-improved natural grassland within the site and the habitats on site. The impact of the development on fauna has also been assessed.
The Indicative Masterplan submitted as part of the application (following amendments) shows that the Nant Caiach SINC will be free of any development works, and its western boundary delineated by a post and rail fence. Thus, there will be full retention of the watercourse, woodland and grassland habitats contained within the SINC boundary. Whilst no mitigation/compensation is considered to be required by the developer (as the developer considers that there will be no direct impact on the SINC), the developer has advised that enhancements will be incorporated within the Sustainable Urban Drainage (SUD) area (to be created in the south-east corner of the site) by means of re-profiling this area of land as a gradual hollow and seeding it with an appropriate seed mix.
In order to prevent any impact upon the SINC from any potential pollution from on-site run-off, relevant Environment Agency Pollution Prevention Guidelines will be followed during construction works. The drainage scheme serving the proposed development (which will be provided at a later stage) will ensure that there are no adverse changes to local hydrology, no uncontrolled run-off into local watercourses and hence no hydrological effects on the Nant Caiach stream.
The ES indicates that the stream that runs through the western sector of the site is be partially culverted. The Environment Agency have expressed concern to this aspect of the development, as they generally provide an opposition to culverting. This matter will be assessed at reserved matters stage (if outline planning permission is granted) when details relating to the specific layout of the scheme are known.
The majority of the trees within the application site are to be retained. However, as part of the proposed development, 32 trees will be felled. 11 of these trees are to be felled due to their poor condition, whilst the other 21 are to be felled in order to facilitate the development. None of the consultees has objected to the proposed felling of these trees, which are not protected by a Tree Preservation Order.
The Ecological Assessment prepared by Aspect Ecology indicates that none of the mature or semi-mature trees on or near the site showed signs indicating usage by bats. However, an assessment was carried out relating to the potential for each of these trees to support bats. Of the trees assessed as having either a high potential to support bats (Category 2a) or moderate/low potential to support bats (Category 2b), 4 are proposed to be felled. 3 of these trees have a moderate/low potential to support bats, whilst the other tree to be felled has a high potential to support bats. However, the tree with the high potential to support bats is to be felled due to its poor condition, and not to facilitate the proposed development. The Ecology Assessment indicates that prior to the felling of this tree, a bat survey of the tree will be carried out, and if the survey indicates that bats are using the tree then appropriate mitigation measures will be taken. Further survey work will not be undertaken on the Category 2b trees to be felled, as Bat Conservation Trust 2007 guidelines does not require this. However, as a precautionary measure these 3 trees will be felled using best practice reasonable avoidance measure such as ’soft-felling’.
Surveys of the site were undertaken in September 2009 to establish the importance of the site to foraging/commuting bats. The survey recorded 5 species of bats within the site, namely Common Pipistrelle, Soprano Pipistrelle, Serontine, Brandt’s and Leisler’s bats. The site currently provides foraging opportunities for bats, although similar opportunities exist within the wider landscape. The site is considered to be of value to bats at a Local level. The proposed development will result in the loss of some foraging opportunities on the site for bats, although the important feeding areas will be largely retained. In this respect, the relevant consultees have not objected to the application, subject to the imposition of conditions, including the requirement of an ecological management plan. Bat feeding and commuting routes will also be maintained at current levels by ensuring that all retained hedgerows, trees and the Nant Caiach Stream corridor are kept dark during the construction and operational phases.
The site offers various opportunities for foraging and breeding birds and is considered to be of at least Local level value. A total of three bird surveys have been undertaken. An initial ecological assessment (including a section on birds) was undertaken in 2009. A bird survey was undertaken in 2010 and a breeding bird survey carried out in 2011. A total of 39 species of birds were recorded during these three surveys. Of these, 22 species were either breeding or probably breeding on the site, 6 were possibly breeding, with the remaining 11 species either breeding in adjacent areas, were recorded as only flying over the site or were represented by non-breeding individuals. None of the recorded species appear on Schedule 1 of the Wildlife and Countryside Act 1981 (Schedule 1 species are given additional protection by this Act).
The proposed development (prior to mitigation) is considered to have a negative impact on birds at the local level and is of moderate significance. However, following the implementation of mitigation and enhancement measures (timing of vegetation clearance to avoid bird nesting season, creation of a new band of shrub planting at the north-eastern site boundary and provision of bird boxes) the effects are negative at local level and of low significance. This impact is considered to be acceptable, particularly as none of the consultees, including the Environment Agency, Countryside Council for Wales, RSPB or the Countryside Officer, has objected to the proposal, subject to the imposition of suitably worded conditions.
The site supports a low population of slow-worms and a low population of common lizards. It is considered to be of limited local importance for reptiles, in particular Slow-worm. On the basis that the proposal will result in the loss of existing reptile habitat to built development, it is proposed that reptiles are to be translocated to a suitable off-site location. Whilst the specific receptor site has not yet been chosen, a number of suitable sites have been identified. Each of the identified sites is linked to the application site by suitable habitat, thereby providing reptiles with the opportunity to move back into remaining suitable habitat within the application site once construction works have been completed. This approach is considered to be acceptable, particularly as the consultees are satisfied with this mitigation measure.
There are nine hedgerows located within the site, seven classed as species rich and the remaining classed as species poor. One of these hedgerows is classed as an important hedgerow under the Hedgerow Regulations 1997.
It is proposed that three of these hedgerows will be removed during site clearance works. This amounts to approximately 305m running length of hedgerow. Two of the three hedgerows to be removed are species poor, whilst the other is species rich. The species rich hedgerow to be removed is to be translocated and used as a hedgerow along the north-eastern boundary of the site (approximately 143m). The proposed loss of two species poor hedgerows and the translocation of the species rich hedgerow to a different part of the site is considered to be acceptable.
The proposal will result in the loss of 10 hectares of semi-improved neutral grassland together with pockets of scrub and ruderal habitats. These habitats currently provide food and shelter for a variety of species, and hence their loss to the proposed development will have a negative impact. In order to mitigate for this, it is proposed that the green spaces within the development will use either the existing grassland or an appropriate native wildflower seed mix, rather than using conventional grass seed/turf. This will reduce the amount of nectar-rich semi-improved grassland lost to the development by approximately 2 hectares (10 hectares will be lost instead of 12). An ecological management plan will be requested for these areas of Public Open Space as a compensation measure. All of the other areas of retained habitat will be fenced off during construction works in order to protect them from damage. The proposed loss of existing habitat and the mitigation measures proposed to reduce this impact are considered acceptable in ecological terms.
The potential impact of the proposed development on the Nelson Bog SSSI, located some 0.7km to the south-east of the site is briefly discussed in the ‘Ground Conditions’ section of this report.
Landscape and Visual Impact
A Landscape and Visual Impact Assessment (LVIA) was carried out as part of the ES. This LVIA considers the potential effects of the proposed development on landscape character, landscape features and the visual amenity of receptors who view the landscape.
The LVIA concluded that the proposed development would not result in any significant impacts upon landscape features, landscape character or visual amenity. The results of the LVIA include the levels of impact both during the construction period of the development and during the operational phase.
The LVIA assessed the impact of the development on the following landscape features; grassland and scrub, hedges, trees, heritage features, water features, topography and public rights of way. In summary, the LVIA assessed that there would be negative effects on the grassland, heritage features, public rights of way and the topography of the site itself during construction phase, although the impact would only be moderate/slight or slight. Following the completion of the development, the LVIA considers that the Public Rights of Way would moderately/slightly benefit from the development, due to the diversion of existing rights of way and the creation of new pedestrian links.
In order to assess the impact of the development on the landscape character of the site and surrounding area, a local landscape character study was undertaken. This study identified eight ‘Local Landscape Character Areas’. They are entitled; Open Grassland, Wooded Parkland, Urban Settlement, Settled Farmlands, Rural Field Patterns, Wooded Pasture, Historic Gardens and Estate and Recreation. The Open Grassland character area comprises the eastern half of the site, whilst the Wooded Parkland area comprises the western half. The LVIA considers that during the construction phase of the development, all of the eight character areas would be adversely affected by the proposed development albeit that the impact would only be temporary and only moderate, moderate/slight or slight. However, it is noted that following the completion of works, only the Open Grassland and Wooded Parkland areas which comprise the site would be negatively impacted, and then only to a moderate level.
The visual impact of the proposed development was also assessed during both the construction and operational phases of the development. The visual impact of the proposed development was assessed against the following;
● residential properties located within 500m of the site (Tir Shag, Tir Bach, dwellings along the northern edge of Shingrig Estate, dwellings along High Street, Trelewis).
● residential properties within 500m-1.5km of the site (dwellings on the eastern edge of Ty Llwyd Parc, dwellings in Twynygarreg, Treharris, dwellings of Cilhaul, Treharris, and dwellings within Nelson).
● residential properties located beyond 1.5km of the site (Heol Fawr and Tair Heol (south of Nelson), dwellings north of Treharris (Cefn-fforest, Tir Cook and Tir Lan Farm) and dwellings in the open countryside south of Nelson).
● Llancaiach Fawr.
● The public highways of Gelligaer Road and Caerphilly Road.
● A variety of Public Rights of Way within 500m of the site.
● One Public Right of Way between 500m-1.5km from the site.
● Four Public Rights of Way over 1.5km from the site.
The LVIA considers that all of the locations, except one, will be adversely affected by the proposed development during the construction phase, with the levels of visual impact ranging from substantial to slight, albeit all on a temporary basis. The visual impact during construction would be substantial for properties located along the northern edge of the Shingrig Estate.
Following the completion of the development, the visual impact of the development, whilst remaining adverse in the majority of cases, is of a much lesser impact, ranging from moderate (when viewed from Gelligaer Road) to negligible. It should also be noted that some receptors, following the completion of the development, will not be visually affected by the proposal, whilst the diverted rights of way that run through the site will benefit as they would traverse areas of open space and retained woodland, hence allowing users to access play and recreation facilities, whilst enjoying routes through an attractive landscape setting which connects to the wider landscape.
The Town Planning Division’s Landscape Architect has assessed the LVIA and is content that it has been carried out satisfactorily. Whilst the Landscape Architect has not objected to the proposal, he is concerned with the potential effect of the development on views from Gelligaer Road and from Llancaiach Fawr (which score moderate and moderate/slight respectively following completion works). In order to address this concern, the Landscape Architect has suggested that the south-east corner of the site and the site frontage onto Gelligaer Road be treated with a substantial landscape buffer treatment as a form of mitigation. The ES indicates that the proposed SUDs area to be located in the south-east corner of the site will act as a landscaped buffer area between the new built development and Llancaiach Fawr. Furthermore, increased planting along the site boundaries will help to soften the form of the built development and will reduce views of the new buildings. The Landscape Architect recommends that this matter be dealt with by a specific landscaping condition that refers to this part of the site. This however is not considered necessary, as landscaping details relating to the entire site have to be agreed at reserved matters stage before works can commence on site.
Caerphilly C.B.C. has acknowledged that the landscape proposals would be of benefit in reducing the visual impact of the proposal on the entrance to Llancaiach Fawr. However, C.C.B.C. comment that the proposals partially rely on the presence of existing hedgerows and woodland within the grounds of Llancaiach Fawr and between these grounds and the application site to provide screening. It is stated that this vegetation is deciduous and hence any screening benefit will be substantially reduced in the winter. On this basis, C.C.B.C. consider that the visual impact of the development upon Llancaiach Fawr will be moderate adverse and not moderate/slightly adverse as indicated in the LVIA.
There is obviously a divergence in opinion between the Town Planning Division Landscape Architect’s acceptance of the findings of the LVIA, and the opinion of C.C.B.C. regarding the visual impact of the development on Llancaiach Fawr. It is noted that the divergence of professional opinion is not wide (moderate and moderate/slight are consecutive ‘significance criteria’ in the different range of impacts). Whilst the comments of C.C.B.C. are noted, it is considered that as the Town Planning Division’s Landscape Architect has not objected to the application, this aspect of the proposal is acceptable, particularly given that the application site has been specifically allocated for residential development in the LDP.
Cultural Heritage
The application site lies outside but within the vicinity of the Gelligaer Common Registered Landscape of Special Historic Interest, an example of a surviving upland moor with a rich and diverse archaeological resource and continuity of land use. Notwithstanding this, the site lies within one of the six associated Historic Landscape Character Area (HLCA). These six HLCAs were identified by GGAT in 1999 when they undertook an Historic Landscape Characterisation. These six HLCAs cover the Registered area and also encompass surrounding areas. These six HLCAs collectively form the Gelligaer Common Historic Landscape. They are entitled as follows;
● Gelligaer Common Settlement (HLCA001)
● Capel Cwladys Enclosed Common (HLCA002)
● Western Enclosed Common (HLCA003)
● Eastern Enclosed Common (HLCA004)
● Central Open Common (HLCA005)
● Pen Garnbugail/Mynydd Fochriw Open Common (HLCA006)
The application site lies within the southern sector of HLCA003 (Western Enclosed Common).
An Assessment of the Significant Impact of Development on the Historic Landscape (ASIDOHL2) was undertaken in order to assess the potential effects of the development upon all six HLCAs of the Gelligaer Common Historic Landscape. Potential direct physical, indirect physical and visual impacts of the proposed development were assessed.
The ASIDOHL2 found that the proposal had a direct physical impact on a small part of HLCA003. However, given the size of the site (13.8ha) relative to the size of HLCA003 (1,151ha), the level of impact was considered to be ‘very slight’. GGAT concurs with this finding as does Cadw.
The ASIDOHL2 also found that there would be no indirect physical impacts on the HLCAs.
Four of the six HLCAs would be subjected to a ‘slight’ visual impact (HLCAs 002, 003, 005 and 006). The other two (HLCAs 001 and 004) would not be visually affected by the proposed development.
Based on a combination of the above ASIDOHL2 results, the overall significance of the proposed development on the six HLCAs was assessed. In summary, it was found that HLCAs 002, 003, 005 and 006 would be only slightly affected by the proposed development, whilst the remaining two HLCAs would not be affected. The identified impacts are considered to be acceptable, particularly as GGAT, Cadw and the Town Planning Division’s Heritage Officer have not objected to the proposal on such grounds.
The impact of the proposal on the setting of Llancaiach Fawr and the adjoining Grade II Listed Barn has been considered by the ES as being negligible. The ES explains that both buildings are enclosed by a thick belt of trees along their western boundary which prevent views of either building from the site and vice versa. The ES also comments that both buildings are set back a significant distance from the road (Llancaiach Fawr -124m from the road. The Listed Barn 56m from road) and are not visible in views of the site when looking west along Gelligaer Road. It also comments that the trees lining the Nant Caiach stream form an effective visual barrier that, together with the well-defined setting, formed by the walled gardens around Llancaiach Fawr, will result in a negligible impact on the two Listed Buildings. The ES also comments that the proposed SUDs area to be created in the south-eastern corner of the site means that the area of the application site closest to the Listed Buildings will remain as undeveloped open space, and will therefore provide a large landscaped ‘buffer zone’ between the Listed Buildings and the proposed new buildings.
Caerphilly C.B.C. do not agree with the findings of the ES. In essence, C.C.B.C. are of the view that Llancaiach Fawr currently enjoys a rural setting and that the proposal would result in the spread of residential development north-eastwards along Gelligaer Road, which together with the new entrance to the site would have a negative impact upon the setting of Llancaiach Fawr. C.C.B.C. also considered that the existing vegetation, an intended method of screening, is deciduous, and hence this screening benefit would be greatly reduced in the winter.
It is accepted that the proposed development will encroach towards the Listed Buildings. However, given the separation distances involved between the application site and the Listed Buildings, together with the proposed SUDs area (which will act a buffer zone) and the existing and proposed vegetation (which will soften the impact of the built development and act as substantial screening when the plants are in leaf), the impact of the development on the setting on the Listed Building is not considered to be sufficient to warrant the refusal of the application. In this respect, it should again be noted that the site is designated for residential development within the LDP.
Archaeology
The ES indicates that there are no Scheduled Ancient Monuments within or near to the site, nor is the site located within a Conservation Area. The ES also contends that no areas of archaeological importance will be destroyed or adversely affected by the proposals, although it recognises that is it possible that unrecorded and hidden archaeological features could be present within the area. However, the ES considers that in the absence of any archaeological deposits, remains or features, the archaeological potential of the site is low.
Glamorgan Gwent Archaeological Trust (GGAT) concur with the findings of the ES but have stated that due to the possibility that unknown archaeological remains may be present within the site, a condition should be imposed which requires the developer to undertake a programme of archaeological work.
In addition to the above, it should be noted that Cadw have not objected to the application.
Caerphilly C.B.C. have commented on the Archaeological section of the ES and stated that whilst the ES concludes that there is little likelihood of anything prehistoric in the area, it does not take into account aerial photography details from 1984 and 1985 that suggest prehistoric activity on the application site. It is not clear which aerial photographs C.C.B.C. is referring to. Aerial photography of the site (ranging from 1947 to 1991) held by the Central Register of Aerial Photographs for Wales and the Royal Commission on the Ancient and Historic Monuments of Wales (RCAHMW) were viewed by the developer’s archaeological consultant but did not indicate any prehistoric activity. Furthermore, both RCAHMW and the Historic Environment Record held by GGAT do not contain any records relating to known prehistoric activity.
Caerphilly C.B.C. also state that the presence of an early Bronze Age enclosure only 200m from the site indicates a prehistoric landscape. Again it is not clear which site C.C.B.C. are referring to. The ES does make reference to a Bronze Age cist burial located some 680m to the south of the site. However, even taking this into account, the archaeological potential of the site is still considered to be low. It is considered unlikely that significant evidence for prehistoric activity (other than the Bronze Age) is likely to survive within the site and hence a low potential is identified. It is also suggested that if the site contained funerary monuments from the Bronze Age, then these would already have been identified. Any finds made within the site from the Bronze Age are likely to be stray artefacts.
The ES also indicates that there is a low potential for remains to be found from other past timescales such as Roman, Post-Roman/Early Medieval, Medieval, Post Medieval and Modern.
Ground Conditions
The Environmental Statement (ES) contains a chapter entitled ‘Contamination and Ground Conditions’.
The ES concludes that the potential of contamination at the site is low. This is accepted by the Public Protection Manager.
The ES contained a Coal Mining Risk Assessment (as an appendix) which has subsequently been supplemented by an ‘Outline Remediation Methodology’. These documents indicate that the extent of mineral extraction under the site has not yet been fully established, although this will be confirmed by the drilling of boreholes at a future date.
However, based on the geological map of the area, it is anticipated that any requirement for stabilising old shallow underground mine-workings will be concentrated in the western half of the site. It is intended that any shallow workings will be stabilised, where proved necessary by the investigation boreholes, using conventional drilling and grouting methods.
The Outline Remediation Methodology indicates that in order to target stabilisation works beneath the proposed buildings and to avoid wastage of grout, perimeter containment ‘curtains’ will first of all be formed within the underlying workings by means of drilling closely centred boreholes down to the workings and grouting up any encountered voids or broken ground. These curtains will correspond with the perimeter of the proposed buildings. Any remnant mining voids within these established perimeter curtains can then be filled by pressure grouting the workings via internal boreholes drilled within the curtains. This will result in discrete ‘islands’ of filled and stabilised workings being created beneath the proposed buildings. This method will allow any groundwater flows within the workings to continue to flow around and between these ‘islands’ via remnant voids and broken ground within the surrounding untreated workings. Thus, groundwater flows are unlikely to be diverted by any significant degree if this method is employed.
This method of dealing with the stabilisation of the proposed buildings is considered to be acceptable, particularly as it does not appear to affect the hydrogeology of the site, and hence is unlikely to have an impact on the Nelson Bog SSSI (Site of Special Scientific Interest) which lies approximately 0.7km to the south-east of the site. However, the Outline Remediation Methodology did not stipulate how any of the new access roads serving the proposed dwellings would be stabilised without having an impact on hydrogeology. In response, the applicant has indicated that in the event that it was necessary to treat the ground beneath the roads, and it was considered possible that these works might restrict groundwater flows through the workings, then permeable gravel could be locally used rather than grout, in order to maintain permeable pathways through the workings.
In essence, the above method of dealing with any unstable ground found within the site is considered acceptable. Furthermore, it is accepted that this method will not have an impact on the landscape or visual amenities of the area, on cultural heritage or archaeology or on ecology and nature conservation. In this respect, it should be noted that the Engineering Division, the Countryside Officer, the Landscape Officer, C.C.W., Environment Agency, Cadw and Glamorgan Gwent Archaeological Trust and Coal Authority have not objected to this method of dealing with ground conditions.
Affordable Housing
Policy AS22 of the LDP (Affordable Housing Contributions) requires the provision of 10% affordable housing in primary growth areas and 5% affordable housing in secondary growth areas. The site is located in a secondary growth area, as defined by the LDP. Therefore a 5% figure is required.
The developer has agreed to provide these affordable houses on-site. They will be in variety of forms and sizes and are likely to be located in clusters throughout the development.
Seven of the affordable homes to be provided will be ‘intermediate tenure’ or ‘low cost housing, which means that such properties will be offered on the open market at 30% less than the usual asking price. Seven of the affordable housing will be housing for rent and will be offered via a Registered Social Landlord. The remaining affordable dwelling is to be provided by a RSL on land provided at nil cost by the developer.
The affordable dwellings to be provided will be a mixture of 2 bedroom, 3 bedroom and 4 bedroom units.
These affordable houses will be secured through means of a Section 106 agreement.
Leisure Contributions
LDP Policy AS17 requires that on-site leisure provision be provided on certain sites allocated for residential development. The application site (LDP Allocation Site H48) is included on this list
The Indicative Masterplan submitted as part of the application indicates that the proposed scheme will include a Local Area of Play (LAP), a Local Landscaped Area for Play (LLAP) and will make provision for an extension to the existing playground (Local Equipped Play Area) that adjoins the site.
The LAP and LLAP will be created to the developer to a specification to be agreed with the Council, with each being transferred to the Council for £1. The LLAP will be provided before the occupation of the 175 th residential unit, whilst the LAP will be provided before the occupation of the 250 th residential unit. Both of these areas will be transferred to the Council 1 year after satisfactory completion.
The part of the application site which lies adjacent to the existing playground will be transferred to the Council for £1 and a commuted sum of £50,000 will be paid to the Council so that the land can be prepared and equipped. This land will be transferred to the Council and the commuted sum will be paid no later than the 75 th residential unit becoming occupied
The developer is to also provide a commuted sum of £85,000 so that the Council can improve and upgrade the existing Multi Use Games Area (MUGA) that lies adjacent to the site. This payment is to be made at the occupation of the 200 th residential unit.
The buffer zone to be created alongside the Nant Caiach stream (referred to in the submitted Design and Access Statement) will also be adopted by the Council, as will the SUDS area to be created in the south-east corner of the site.
The developer is to provide a maintenance sum of £30,000 in respect of the various Public Open Spaces (POSs) referred to above. Three payments of £10,000 are to be made to the Council, payable when the LEAP, LAP and LLAP are transferred to the Council.
The Council’s Leisure Division is satisfied with the level of on-site and off-site leisure provision being provided. The proposal is therefore considered to provide adequate leisure provision. This matter will be secured by means of a Section 106 agreement.
Education Contributions
The Council’s Education Business Manager anticipates that the proposed development would be likely to generate 75 additional primary school pupils, whereas the local primary school has only 31 surplus spaces. It is assessed that approximately £250,000 would be required to provide a new classroom to the local school, together with the enlargement and refurbishment of existing provision, in order to increase its capacity to accommodate the 44 pupils that the school does not currently make provision for.
The developer has agreed to provide the requested sum towards education provision. This sum is to be paid prior to the occupation of the 80 th residential unit. This matter will be addressed by means of a Section 106 agreement.
Responses to Third Party Representations
The ‘Publicity’ section of this report summarizes 12 separate points of objection contained within 5 letters of objection. A response to each of these 12 points of objection is provided below.
1. The objector has not provided any specific reason why the Public Right of Way should be removed. It is therefore difficult to comment on this point of objection. However, if the objector did wish to pursue this matter, he would have to make a relevant application to the Council’s Rights of Way section.
2. The occupiers of several local properties claim to have a right of access along the existing access track that runs through the site, and it is requested that this point of access remains. It is unclear whether the owners of these local properties do indeed have a right of access along this track, and if so the level of their rights are not known. In essence, if these rights of access do exist, then it would be for the developer to resolve these issues directly with the third parties involved.
3. It is acknowledged that the site is a greenfield site, albeit one that is specifically designated for residential development within the LDP. The impact of the development on the trees within the site is discussed above within the ‘Ecology’ section of this report.
4. It is acknowledged that the proposed development will increase traffic flows within the area. The impact of the development on highways/transport is considered in the ‘Highways/Transportation Considerations’ section of this report, and is considered to be acceptable.
5&6. The potential impact of the proposed development on the Nant Caiach SINC and the wildlife using the site is discussed above in the ‘Ecology’ section of this report, with the impacts considered to be acceptable.
7. This application only seeks outline planning permission at this stage. Details relating to the specific layout, orientation and design of the proposed buildings are not known at this stage. However, it is considered that the proposal will – subject to acceptable layout and siting - be unlikely to adversely impact on the living conditions of local residents.
8. It is not considered that the ‘buffer zones’ being proposed as part of the proposed development will be out of character with this semi-rural area. Furthermore it is considered that the ‘buffer zones’ will form suitable links with other vegetated areas that will form useful corridors for wildlife.
9. The 20m wide buffer zone proposed at the north-east boundary of the site is considered to be sufficient to protect the amenities of occupiers of properties to the north of the site. A wider buffer zone is not considered necessary for wildlife purposes, particularly as none of the relevant consultees have raised any objection to the proposals.
10. It is not considered that the proposed development would fail to respect the character of the area, providing the proposed buildings are of an appropriate design and appearance. These issues will be addressed at reserved matters stage.
11. Development works will be restricted to certain times of the week in order to protect the living conditions of local residents. No “guarantees” can be given that any necessary drilling and grouting works will not cause ground movement or indeed other problems. If any of the proposed construction works resulted in damage to local properties, then this would be a civil matter to be resolved between the parties concerned.
12. The potential de-valuation of local properties does not constitute a material planning consideration and hence cannot form a reason for the refusal of this application.
Other Matters
Councillors will note that the Council’s Physical Regeneration Manager has requested that the developer makes a financial contribution towards the delivery of the projects contained within the Taff Bargoed Regeneration Strategy, which lie in close proximity of the application site.
In essence, it is not considered necessary for the developer to make a financial contribution towards any of the projects proposed within the Taff Bargoed Rengeration Strategy, as the proposed development will not have an impact (direct nor indirect) on this, that requires that such a contribution be made.
CONCLUSION
To conclude, it is considered that the proposed development complies with the relevant policies of the LDP, and that the developer is willing to provide adequate contributions in the form of a S106 agreement, in order to address the different impacts of the development on leisure provision and education provision, as well as making adequate provision for affordable housing provision.
The only consultee to object to the proposed development is Caerphilly C.B.C., who are mainly concerned with the impact of the proposal on the highway network within their Borough and the impact of the proposal on Llancaiach Fawr. Whilst neighbouring authority concerns about the proposal are noted, for the reasons stated above, these concerns are not considered to warrant the refusal of the application.
It is therefore recommended that this planning application be approved, subject to the following conditions, and subject to a S106 Agreement to secure the obligations listed below.
RECOMMENDATION: BE APPROVED subject to;
A. a) All relevant parties entering into an Agreement pursuant to Section 106 of the 1990 Town and Country Planning Act (as amended);
b) Payment of the Council’s legal fees (up to a maximum of £1,500) in connection with dealing with this agreement.
c) The Agreement shall secure financial contributions for the following:-
• £250,000 (index linked) due at the beneficial occupation of the 80 th residential unit, to contribute towards education provision.
• £85,000 (index linked) due at the beneficial occupation of the 200 th residential unit to contribute towards improving/upgrading the existing off-site Multi Use Games Area .
• The transfer of land to the Council and the payment to the Council of £50,000 to prepare and equip the land as an extension to the Local Equipped Play Area (index linked), due at the beneficial occupation of the 75 th residential unit.
• The provision of a Local Landscaped Area for Play in a location within the site to be agreed with the Local Planning Authority, before the occupation of the 175 th residential unit on the site. The LLAP to be transferred to the Council for £1, one year after satisfactory completion.
• The provision of a Local Area for Play in a location within the site to be agreed with the Local Planning Authority, before the occupation of the 250 th residential unit on the site (or the final residential unit occupied if the scheme does not comprise over 250 units). The LAP to be transferred to the Council for £1, one year after satisfactory completion.
• The payment of £30,000 to the Council in respect of the maintenance of the LEAP, LLAP, LAP, SUDs area and Riverside Walk area (alongside the nant Caiach stream). Three payments of £10,000 are to be made to the Council, payable when the LEAP, LAP and LLAP are transferred to the Council.
• The provision of 5% affordable housing on the site (7 ‘intermediate tenure’ or ‘low cost housing, 7 social rent houses for rent, offered via a Registered Social Landlord and a single affordable dwelling provided by a RSL on land provided at nil cost by the developer).
• The payment of £7,000 to the Council prior to commencement of works, to pay for the Council’s costs in monitoring the clauses contained within this agreement.
B. The conditions listed below;
CONDITIONS/REASONS:
1. Details relating to the layout of the proposed development, the appearance and scale of the buildings and the landscaping of the site (hereinafter called the "reserved matters") shall be submitted to and approved in writing by the Local Planning Authority BEFORE works commence on each phase of the site as approved pursuant to Condition 3. The development shall be carried out in accordance with the approved details.
Reason - The condition is imposed in accordance with Article 3(1) of the Town and Country Planning (General Development Procedure) Order 1995.
2. In conjunction with the statutory reserved matters referred to in condition 1, details of the following shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development on each phase and completed in full accordance with such approved details BEFORE the development hereby approved on each relevant phase is brought into use. i. Existing and proposed site levels including full cross sectional drawings; ii. Proposed slab or floor levels of all buildings to be erected together with relative garden, yard, ridgeline and highway levels and those of adjacent buildings; iii. The means of foul water and surface water drainage; iv. The position height and material of all walls, fences and other means of enclosure; v. Full constructional and facing material details of any retaining walls over 1 metre in height.
Reason - To ensure a satisfactory standard of development and protect local amenity interests.
3. NO DEVELOPMENT shall commence before a scheme detailing the PHASING proposals for the approved development, including site remediation works, has been submitted to and approved in writing by the Local Planning Authority. The development shall be implemented in accordance with the approved scheme.
Reason - To ensure that the development is completed in accordance with a scheme of phasing approved by the Local Planning Authority and so avoid any detriment to amenity or public safety by works remaining uncompleted.
4. NO DEVELOPMENT shall take place on any phase (as agreed pursuant to Condition 3), until full details of the internal access roads serving the proposed buildings on that phase (including details of gradients, widths, routes and construction details) have been submitted to, and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.
Reason - In the interests of highway safety.
5. NO RESIDENTIAL UNIT hereby approved shall be occupied until surface water drainage works have been implemented in accordance with details that have been submitted to and approved in writing by the Local Planning Authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a Sustainable Drainage System in accordance with the principles set out in Appendix 4 of TAN 15 - Development and Flood Risk (or any subsequent version), and the results of the assessment provided to the Local Planning Authority. Where a Sustainable Drainage Scheme is to be provided, the submitted details shall:
- provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters;
- include a timetable for its implementation; and
- provide a management and maintenance plan for the scheme until it is adopted by the Council.
Reason - In the interests of drainage requirements.
6. BEFORE construction works commence on site, a hydraulic modelling assessment shall be undertaken by the developer in liaison with Dwr Cmyru Welsh Water, in order to establish a point of discharge of the new foul drainage system (serving the proposed development) to a point of adequacy on the existing public sewerage system, together with any necessary associated foul sewerage infrastructure works.
Reason - To protect the integrity of the existing public sewerage system and to prevent pollution of the environment.
7. There shall be NO BENEFICIAL USE OR OCCUPATION of any of the buildings hereby approved until such time that any necessary foul sewerage infrastructure works required by Condition 6 have been completed and approved by Dwr Cymru Welsh Water and the Local Planning Authority has been informed in writing of its completion.
Reason - To ensure that the proposed development does not adversely affect the integrity of the existing public sewerage system and to prevent pollution of the environment.
8. If, during development, contamination not previously identified is found to be present at the site, then NO FURTHER DEVELOPMENT (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted to and obtained written approval from the Local Planning Authority for a remediation strategy detailing how this contamination will be dealt with. The approved remediation strategy shall be implemented in full.
Reason - In the interests of future occupiers of the proposed dwellings and to ensure that the proposed development will not cause pollution of controlled waters.
9. PRIOR to the commencement of any development works on site, the applicant must submit to the Local Planning Authority for its written approval, a detailed assessment of all watercourses observed on the application site together with a Method Statement(s) indicating how they will be protected during construction activities and what measures will be taken to ensure they remain important ecological features whilst avoiding or minimising the need for culverting. The information submitted should include;
- an assessment of all watercourses on the site; and - confirmation of the use and nature of the aforementioned watercourses post development.
The scheme shall be carried out in acordance with the approved Method Statement.
Reason - To maintain open watercourses and to protect the waterside environment.
10. NO DEVELOPMENT shall commence until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority.
Reason - To identify and record any features of archaeological interest discovered during the works, in order to mitigate the impact of the works on the archaeological resource.
11. NO DEVELOPMENT shall take place until an Ecological Mitigation and Enhancement Strategy has been submitted to and approved in writing by the Local Planning Authority. This strategy shall include:
(a) An appropriate scaled drawing showing "Wildlife Protection Zones" where any construction activities are restricted and where protective measures will be installed or implemented;
(b) Details of protective measures (both physical measures and sensitive working practices) to avoid impacts during construction;
(c) A timetable to show phasing of construction activities to avoid periods of the year when sensitive wildlife could be harmed (such as the bird nesting season);
(d) Details of ecological/wildlife enhancements and/or mitigation measures, including specifications and locations.
(e) Persons responsible for:
(i) Compliance with legal consents relating to nature conservation; (ii) Compliance with planning conditions relating to nature conservation; (iii) Installation of physical protection measures during construction; (iv) Implementation of sensitive working practices during construction; (v) Regular inspection and maintenance of physical protection measures and monitoring of working practices during construction; (vi) Provision of training and information about the importance of "Wildlife Protection Zones" to all construction personnel on site.
All construction activities shall be implemented in accordance with the approved details and timing of the plan unless otherwise approved in writing by the Local Planning Authority.
Reason - To protect and mitigate the impact of the development on ecological features and wildlife.
12. BEFORE works commence on site, a Habitat Management Plan shall be submitted to and approved in writing by the Local Planning Authority. The Habitat Management Plan shall include:
(i) Description and evaluation of the features to be managed; (ii) Ecological trends and constraints on site that may influence management; (iii) Aims and objectives of management; (iv) Appropriate management options for achieving aims and objectives; (v) Prescriptions for management actions; (vi) Preparation of a work schedule (including a 5 yr project register, an annual work plan and the means by which the plan will be rolled forward annually); (vii) Personnel responsible for implementation of the plan; (viii) Monitoring and remedial / contingencies measures triggered by monitoring.
The plan shall be carried out as approved, unless otherwise agreed in writing by the Local Planning Authority.
Reason - To ensure that retained habitats are appropriately managed.
13. In this condition "retained tree" means an existing tree which is to be retained in accordance with the approved plans and particulars; and paragraphs (a) and (b) below shall have effect until the final dwelling hereby approved is brought into beneficial use.
a) No retained tree shall be cut down, uprooted or destroyed, nor shall any retained tree be topped or lopped other than in accordance with the approved plans and particulars, without the written approval of the Local Planning Authority. Any tree works approved shall be carried out in accordance with British Standard BS 5837 Trees in Relation to Construction.
b) If any retained tree is removed, uprooted or destroyed or dies, another tree shall be planted at the same place and that tree shall be of such size and species, and shall be planted at such time, as may be specified in writing by the Local Planning Authority.
c) The erection of fencing for the protection of any retained tree shall be undertaken in accordance with BS 5837 Trees in Relation to Construction before any equipment, machinery or materials are brought on to the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the Local Planning Authority.
Reason - In order to protect those trees that are to be retained as part of the proposed development.
14. NO DEVELOPMENT shall take place on the site until a Structural Design Certificate, completed and signed by a Chartered Engineer and a scheme to deal with existing ground conditions has been submitted to and approved in writing by the Local Planning Authority. The certificate shall confirm that detailed and invasive site investigations have been carried out at the site. The scheme shall include an investigation and assessment to identify those precautions or measures deemed to be required in the design and construction of the proposed development in order to minimise any damage which might arise as a result of ground conditions.
The scheme as approved shall be fully incorporated in the design and construction of the proposed development.
Reason - To ascertain the stability of the site, determine the structural suitability of the development thereon in view of prevailing ground conditions and to ensure that no development is undertaken which may be prejudices by existing ground conditions.
15. CONSTRUCTION WORKS relating to the development SHALL NOT TAKE PLACE other than during the following times;
Monday to Friday - 0800hrs to 1800hrs,
Saturday - 0900hrs to 1700hrs,
Not at any time on Sundays, Bank or Public Holidays.
Reason - To protect the living conditions of local residents.
16. Works relating to the development involving rock drilling, piling operations, grouting, stone crushing activities or vibration compaction SHALL NOT TAKE PLACE other than during the following times:
Monday to Friday - 1000hrs to 1600hrs,
Saturday - 1000hrs to 1400hrs,
Not at any time on Sundays, Bank or Public Holidays.
Reason - To protect the living conditions of local residents.
17. BEFORE works commence on site, the developer shall submit details to the Local Planning Authority for its written approval, indicating which of the proposed dwellings will be adversely affected by noise from the railway line, together with details of any necessary measures required to protect occupiers of the affected dwellings from this noise. The approved measures shall be implemented prior to each affected dwelling being beneficially occupied.
Reason - To ensure that the nearby railway line does not adversely impinge on the living conditions of future occupiers of the proposed dwellings.
18. NO DEVELOPMENT shall commence until a Construction Works Management Plan (describing the works to be undertaken during the construction phase) is submitted to and approved in writing by the Local Planning Authority. It shall provide for:-
i. a scheme of noise limitation ii. a scheme to deal with dust prevention and control iii. a method statement to deal with the disposal of waste materials iv. information relating to the points of access into the site during construction works v. a scheme to provide for a suitable vehicle whell-cleaning facility vi. a management plan to deal with the parking requirement for both construction workers and other visitors during the construction phase.
The approved Construction Works Management Plan shall be adhered to throughout the construction period.
Reason - To protect residential amenity and the environment
19. The residential units hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category Ene1 - Dwelling Emission Rate in accordance with the requirements of Version 3 (2010) of the Code for Sustainable Homes: Technical Guide. The development shall be carried out entirely in accordance with the approved assessment and certification required by Condition 19 .
Reason - To ensure that the proposed dwellings are sustainable and comply with the requirements of Planning Policy Wales.
20. Construction of any residential unit hereby permitted shall not begin until an Interim Certificate has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under Ene1 - Dwelling Emission Rate, has been achieved for that individual residential unit in accordance with the requirements of Version 3 (2010) of the Code for Sustainable Homes: Technical Guide.
Reason - To ensure that the proposed buildings are sustainable and comply with the requirements of Planning Policy Wales.
21. Prior to the occupation of any residential unit 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 for that residential unit in accordance with the requirements of Version 3 (2010) of the Code for Sustainable Homes: Technical Guide.
Reason - To ensure that the proposed buildings are sustainable and comply with the requirements of Planning Policy Wales.
22. None of the residential units hereby approved shall be brought into beneficial use until a Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The recommendations contained within the approved Travel Plan should be implemented in full.
Reason - In order to promote sustainable modes of transport.
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Application No. Date Determining Authority P/10/0227 12th August 2010 MTCBC
Proposed Development Location Name & Address of Applicant/Agent
Change of use of land to Land Within Beacons Mr Nick Meaney incorporate it within the curtilage Court c/o Mr Ian Robertson of 11 Beacons Court, erection of Swansea Road 18 Overton Street garage within this land and Merthyr Tydfil Dowlais erection of boundary walls Merthyr Tydfil CF48 3AT
APPLICATION SITE
The application relates to land within a recently developed cul-de-sac of dwellings. Accordingly, the site is situated in a mainly residential area.
PROPOSED DEVELOPMENT
Full planning consent is sought for the change of use of land to incorporate it into the curtilage of 11 Beacons Court, the erection of a garage within this land and the erection of boundary walls. It is noted that work on the garage and boundary walls has already commenced and that these elements of the scheme are well progressed.
The land which it is proposed to incorporate into the curtilage of 11 Beacons Court has an irregular shaped footprint and is located on the opposite side of the highway to the host dwelling.
The garage would measure 5.62m in width by 7m in depth. It would have a pitched roof with a maximum height of 4.1m. As explained above, works relating to the garage have already commenced on site (the garage is half built). The external walls of the garage are finished with yellow/brown brickwork and the roof is to be constructed using red/brown concrete tiles. A cantilever masonry retaining wall is also proposed to the rear of this garage (which has already been erected). This retaining wall has been built into the back of the garage and has a maximum height of 2.1m, stepping down towards the highway.
A brick boundary wall has been erected along part of the above land, enclosing it from the highway. Accordingly to the submitted drawings this wall should have a maximum height of 1.5m. A similar wall with a maximum height of 1.5m has also been erected to the south of the site along the boundary with Wales and West Housing Association.
PLANNING HISTORY
The relevant planning history is detailed below:
P/02/0421 Residential development (4 bungalows) including creation of access road Granted outline planning consent subject to conditions, 9 th April 2003
P/05/0241 11 No. dwellings (1 No. detached, 6 No.3 bed semi-detached and 4 No. 4 bed semi-detached) Granted planning consent subject to conditions, 4th October 2005
CONSULTATION
The following bodies were consulted and their responses are presented below:
Engineering Manager No objection subject to conditions
Dwr Cymru Welsh Water No response.
PUBLICITY
In accordance with the Town & Country Planning (General Development Procedure) Order 1995, three site notices were displayed within the vicinity of the site and letters were sent to the adjoining properties.
Following this publicity exercise, one letter of objection was received. The main concerns raised within this letter are summarised below:
1. It has been suggested that the information contained within the Design and Access Statement (forming part of the application) is incorrect, as no consent has been given from the owner of Castle Stores with regard to access to the proposed store or for the disposal of surface water drainage.
2. It has been suggested that the shed would be constructed on land which is not in the ownership of the applicant.
3, It has been noted that the proposed shed would require the partial removal of the roof, rainwater goods and intruder alarm system serving the Castle Stores garages.
4. Finally, it has been highlighted that an Article 7 Notice has not been served on the objector as part owner of the site.
POLICY CONTEXT
The following policies of the Merthyr Tydfil Borough Local Development Plan 2006-2021 are relevant to the determination of this application:
• Policy BW7: Sustainable design and place making • Policy TB11: Access, parking and accessibility of local facilities
PLANNING CONSIDERATIONS
The proposed change of use and associated development is considered to be acceptable in planning terms. The site is located within an established residential area and thus the proposed change of use and garage are considered to be in keeping with this. Moreover, it is considered that the design and appearance of the proposed garage and boundary walls are sympathetic to their context and thus would not have a detrimental impact on the character or visual amenities of the area.
Regard has also been had for the potential impact of the proposed scheme on the amenities of the surrounding residents. In this respect it is not considered that the development would have any unacceptable degree of impact. However, it is acknowledged that during the course of this planning application one letter of objection has been received. The following comments are made in response to the main points raised:
1-3 These concerns related to the proposed erection of a shed on the site which originally formed part of the planning application, but which has subsequently been withdrawn from the proposed scheme and thus no longer forms part of this planning application.
4. The applicant has indicated that he owns all of the land which forms the application site and has signed the relevant Certificate of Ownership to this affect. Notice would only need to be served if part of the application site was owned by another person or part of the development would encroach onto land owner by another person. Notwithstanding this, land ownership is not a material planning consideration. Any dispute over land ownership would constitute a civil matter which would need to be resolved by the parties concerned.
Finally it is noted that the Engineering Manager has not objected to the proposed development. Accordingly, the retaining wall is considered to be acceptable in engineering terms and it is not considered that the scheme would impinge upon highway or pedestrian safety.
Accordingly the following recommendation is made:
RECOMMENDATION: BE APPROVED subject to the following CONDITIONS :
1. The development hereby approved shall NOT be carried out other than in accordance with the AMENDED PLANS as follows:
Drawing 1C - Location & Site Plan, Boundary Details dated 1st September 2011 Drawing 2A dated 19th October 2010.
Reason - To ensure compliance with the approved plans and clearly define the scope of this permission.
2. The garage hereby approved shall not be used other than for the storage of private motor vehicles and for purposes incidental to the enjoyment of the dwelling known as 11 Beacons Court, Swansea Road. The garage shall be retained for parking purposes at all times
Reason - To define the use of the structure in the interests of residential amenity of adjoining residents and to ensure adequate parking provision for the occupants of the dwelling known as 11 Beacons Court.
3. No surface water from the garage shall be allowed to be discharged onto the public highway.
Reason - In the interest of highway safety.
4. Any difference in level between the garage slab and back edge of highway shall be taken up within the application site.
Reason - In the interest of highway safety.
5. The garage hereby approved shall be fitted with inward opening doors or roller shutter doors which shall not open over the highway and shall be retained as such at all times.
Reason - In the interest of highway safety.
6. BEFORE construction works re-commence on site details/samples of the external finish of the retaining wall hereby approved shall be submitted to and approved in writing by the Local Planning Authority and all works undertaken shall be completed in accordance with such approved details.
Reason - In the interest of visual amenity.
7. Notwithstanding the details hereby approved, the external elevational roof finishes of the proposed garage shall match those of the dwelling known as 11 Beacons Court, Swansea Road.
Reason - In the interest of visual amenity.
INFORMATIVES
1. The Developer is advised to check and confirm the positions of all boundaries BEFORE construction works commence.
Any discrepancies or problems of interpretation of boundary lines shall be resolved amongst all interested parties BEFORE works commence.
Failure to comply with this information could lead to civil action being brought against the developer by aggrieved parties.
2. The developer is advised to seek appropriate legal advice if the development to which this application refers involves either:-
i) work on an existing wall shared with another property; ii) new building on the boundary with a neighbouring property; or iii) excavating near a neighbouring building.
as these works may fall within the scope of the Party Wall Act 1996 and may require statutory notices to be served on affected owners.
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Application No. Date Determining Authority P/11/0134 25th May 2011 MTCBC
Proposed Development Location Name & Address of Applicant/Agent
Change of use from office (A2) to 21 Perrott Street Mrs N Quartermaine a day nursery/creche (D1) and Treharris 17 Heol Y Glyn erection of fence and gate CF46 5ER Millbrook Treharris CF46 5RX
APPLICATION SITE
The application relates to an end of terrace property and three compound garages located within the Treharris Conservation Area. The property is currently vacant but was formerly used as offices. The site is located in the centre of Treharris, which is a mixed use area in which there are residential dwellings and a number of other retail and commercial uses. The site is bounded by the highway known as Perrott Street to the north, the highway known as Perrott Place to the west and residential dwellings to the south and east.
PROPOSED DEVELOPMENT
Full planning consent is sought to change the use of the host building from offices (A2 Use Class) to a day nursery/crèche (D1 Use Class) and for the erection of a timber boarded fence and gate. The proposed fence and gate would be erected along a 6.5m opening into the rear yard area of the site, accessed from Perrott Place. If constructed the gate and fence would enclose the rear yard. The gate would be 1m in length and both the fence and gate would be 1.8m high.
PLANNING HISTORY
There is no relevant planning history which needs to be taken into consideration when determining this planning application.
CONSULTATION
The following bodies were consulted and their responses are presented below:
Engineering Manager No objection
Public Protection Manager No objection subject to condition
Town Planning Division’s Heritage Officer No objection
Integrated Children’s Centre No objection
South Wales Fire Services No objection
Dwr Cymru Welsh Water No objection
PUBLICITY
In accordance with the Town & Country Planning (General Development Procedure) Order 1995, letters were sent to the adjoining properties and two site notices were displayed within the vicinity of the site.
Four letters of objection were received following this publicity exercise. The main concerns raised are summarised below:
1. Three of the objectors are concerned that the proposed nursery would increase noise levels and of these, two claim that the proposed use would generate noise which would disturb their sleep (as they work night shifts). In addition one of these objectors believes that it would impact on their health and employment.
2. All four objectors have noted that the proposed change of use would impact on parking in the area which is already seen as a problem.
3. One objector has noted that the proposed scheme would impede their access out of the back of their property in emergency situations. Similarly, another of the objectors has claimed that the fence and gate would deny them access to their garage and rear entrance.
4. One objector is concerned that the change of use would generate additional levels of litter.
POLICY CONTEXT
The following policies of the Merthyr Tydfil Borough Local Development Plan 2006-2021 are relevant to the determination of this application:
• Policy BW6: Townscape and built heritage • Policy BW7: Sustainable design and place making • Policy TB11: Access, parking and accessibility of local facilities
Planning Policy Wales should also be taken into consideration when determining this planning application. Of particular relevance are the following paragraphs:
1. Paragraph 7.6.2 states that “ where applications are considered for business development in primary residential areas particular care should be taken to safeguard residential amenity, especially where there is potential for noise and/or traffic disturbance ”.
2. Paragraph 7.6.5 states that “ a flexible attitude with respect to change of use to enable suitable re-use or new use to be instituted in under-used space where this might contribute to the preservation of the building or the enhancement of the townscape or landscape ”.
Technical Advice Note 11: Noise is also relevant as paragraph 8 states that “Local Planning Authorities must ensure that noise generating development does not cause an unacceptable degree of disturbance ” and that consideration should be given to the use of appropriate conditions.
PLANNING CONSIDERATIONS
Given that the application site is located in a mixed use area, it is not considered that the proposed change of use from offices to a crèche would be out of character. Furthermore, the proposed gate and fence is considered to represent relatively minor development that would not adversely impact upon the character or visual amenities of the host building or indeed the area in general. In this respect it is acknowledged that the application site is located within the Treharris Conservation Area. However, it is not considered that the development would have any detrimental impact on the conservation area and it is noted that the Town Planning Division’s Heritage Officer has not raised any objection to the proposed scheme. In fact it is considered that the proposed change of use would potentially have a positive impact on the appearance and vitality of the area in general, as it would bring back into use a building which is currently vacant and thus would enhance the street scene.
Regard has also been had to the potential impact of the proposed scheme on the amenities of the surrounding residents. In this respect it is noted that a crèche could generate more noise and disturbance than an office use. However, it is noted that the Public Protection Manager has not raised any objection to the proposed scheme on such grounds. Instead the Public Protection Manager has requested the use of a suitably worded condition with regard to providing sound insulation between the walls dividing the application building from the adjoining property. With regard to external noise, it is noted that the application site is located within a busy street consisting of a number of differing uses, including a school opposite the site. It is therefore not considered that any external noise generated by the proposed use would significantly add to the general street noise which already exists. Furthermore, it is noted that the Public Protection Manager has not raised any concerns in this respect.
As detailed above, four letters of objection were received following this publicity exercise. The following comments are made in response to the main points raised:
1. As detailed above, it is acknowledged that the proposed use could generate more noise and disturbance than the previous office use. It is also noted that two of the objectors work night shifts and therefore this use could disturb there sleep during the day. However, having regard to the comments of the Public Health Division and the considerations above, it is not considered justified refusing this application on such grounds.
2. All of the objectors have noted that the proposed change of use would impact on parking in the area which is already seen as a problem. It is noted that there is no proposed on-site car parking provision for employees or users of the proposed crèche. The Design and Access Statement has indicated that the parents/guardians who would accompany the children to the crèche, would only require parking for a short period of time, as they drop off and pick up children from the crèche. It is noted that there is short stay parking provision along Perrott Street for a limited time period of 30mins. In addition, the application site is located in close proximity to a public car park which could also be utilised by users of the crèche. Similarly, it is acknowledged that there is no on-site parking provision for the members of staff that would work at the crèche. However, the Design and Access Statement has suggested that staff would either have to travel to the premises via public transport, on foot or use the community car park if travelling via car. Due to the good public transport links which serve this area and the close proximity of a public car park, it is considered that there is adequate provision within the existing infrastructure to accommodate the parking and travel needs of the proposed use’s employees and users. Furthermore, it is noted that the application site previously operated as an office and thus it is not considered that the use of the building as a crèche would generate significantly more demand for parking than the building’s previous use. In this respect it is noted that the Engineering Manager has not raised any concerns with regards to parking or highway and pedestrian safety.
3. The occupant of number 20 Perrott Street has noted that the proposed scheme would impede access out of the back of their property in an emergency. However, the applicant has stated that this occupier has no right of access over the yard area of the site and that the gate to the yard area erected by this occupant is in breach of a restrictive covenant. Notwithstanding this, as a current point of access exists, the occupants of this dwelling are able to enter the yard area lawfully or otherwise. This does raise concerns over the suitability of the yard area as an external space for use by the children attending the crèche, as it would allow third parties access to this area and potentially to the children. Similarly, the occupants of number 19 Perrott Street have also claimed that the fence and gate would deny access to their garage and back entrance. On this matter the applicant has confirmed that the occupants of 19 Perrott Street own a compound garage within the yard area of the site, and that they do have a right of access over a large proportion of the yard. Again this raises concerns over the use of this area of the yard as an external play space for children as it would allow individuals who have not been appropriately checked unrestricted access to this area and potentially the children within it. This right of access may also include vehicles and again this would have implications for the safety of the children using this space.
Notwithstanding this, the necessity for outdoor play space and the suitability of the site for use as a crèche would be determined within the assessments undertaken by the Care and Social Services Inspectorate Wales (CSSIW) prior to the applicant being authorised to operate a crèche facility from the site. It is therefore within the control of the Inspectorate to determine whether this is a suitable arrangement, and if not to agree an appropriate alternative, or to withhold such authorisation. In this respect it is noted that the applicant has indicated that they have been in discussions with the owners of the garage and that these owners have agreed in principle to sell the garage to the applicant. This would then overcome the issue of this right of access over the yard area should the CSSIW feel that it is not acceptable. It is noted that a separate planning permission would then be required to include the garage into the curtilage of the crèche and may be required for any other alternative agreed with the CSSIW. Furthermore, to ensure that this issue is not overlooked by the CSSIW, the Town Planning Division will write to the relevant person within CSSIW outlining the current situation and associated concerns.
In terms of the right of access, it is acknowledged that the proposed boundary treatment along Perrot Place would include a pedestrian gate and thus would not provide vehicular access to the garage. However, if the applicant does not come to an arrangement with the owners of the garage in question and are therefore required to insert a vehicular access to meet the requirements of the right of access, this may impinge upon existing visibility splays and hence highway safety. According, to ensure that any gates and/or boundary treatments along this section of the site (other than that which is subject to this planning application) are suitable in highway and visual terms, it is recommended that Permitted Development rights in this respect be removed, thus necessitating the approval of the Town Planning Division for any alternative gates and/or boundary treatments.
4. One objector is concerned that the change of use would increase litter. However, there is no evidence to support this claim.
Access to the building would be via three entrances, with the existing doorway off Perrott Place being utilised as the main entrance into the reception area. This application does not seek to alter the existing access arrangement. However, given that the maximum threshold into the building is 15mm and the external doors have an unobstructed minimum opening of 800mm, it is considered that the existing entrances would allow wheelchair users, pushchairs and others access to the building. Furthermore, it is noted that the building currently benefits from an office use which would necessitate access by members of the public and employees. Accordingly, it could be used for this purpose with the current access arrangement.
Accordingly the following recommendation is made:
RECOMMENDATION: BE APPROVED subject to the following CONDITIONS :
1. The use hereby approved shall not be brought into beneficial use until a scheme of sound insulation relating to all internal walls adjoining the neighbouring dwelling known as 20 Perrott Street has been submitted to and approved in writing by the Local Planning Authority. The sound insulation scheme subsequently approved shall be implemented in full before the proposed use hereby approved is brought into beneficial use and shall be retained at all times thereafter. The submitted scheme shall include details of the existing sound insulation value of the adjoining walls and where appropriate the upgraded sound insulation value. It shall also detail the use of each of the associated rooms in both the host building and 20 Perrott Street.
Reason - To safeguard the residential amenities of occupants of adjoning properties.
2. BEFORE construction works commence details/samples of the external finishes and colour of the proposed fence and gate shall be submitted to and approved in writing by the Local Planning Authority and all works undertaken shall be completed in accordance with such approved details.
Reason - In the interest of visual amenity.
3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking and re-enacting that Order) no gates, fences, walls or other means of enclosure exceeding 1m in height (other than any expressly authorised by this permission) shall be erected or constructed along the site boundary with Perrott Place.
Reason - In the interest of highway safety and visual amenity.
INFORMATIVES
1. The applicants attention is drawn to the observations of the Divisional Fire Safety Officer South Wales Fire Service (Copy attached).
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Application No. Date Determining Authority P/11/0180 30th June 2011 MTCBC
Proposed Development Location Name & Address of Applicant/Agent
Conversion and restoration of Vulcan House Wales And West Housing Vulcan House and Vulcan Road Association demolition/redevelopment or rear Merthyr Tydfil c/o Asbri Planning Ltd annexe to provide 5 flats, CF47 8LN F.a.o. S Harries demolition/redevelopment of new 1st Floor, Westview House rear wing to accommodate 4 Unit 6, Oak Tree Court flats. Construction of two storey Mulberry Drive building to provide 2 flats and erection of 2 storey detached building to accommodate 4 flats. Creation of new access and parking area and other associated external works
APPLICATION SITE
This application relates to a rectangular corner site located at the junction of Quarry Row and Vulcan Hill in Morgantown Conservation Area, approximately 0.17ha in area. The site encompasses a total of three Grade II Listed Buildings and 8 additional outbuildings forming part of a former foundry. All buildings on the site are currently unoccupied and are in a deteriorating state.
Of the Listed Buildings to which this application pertains, Vulcan House is the most prominent. It is also historically important for its associations with Matthew John; a key individual of the Chartist movement in Merthyr Tydfil. The building fronts Quarry Row and is of early 19 th Century construction with a white rendered late Georgian façade consisting of five bays. It is three storeys in height and notable for its half-lunette windows on its top floor. The building currently has no roof. A small forecourt exists to the front of the house containing a rubble stone wall and gatepiers. A cast iron Grade II Listed garden gate has been removed from the site.
Projecting from the rear of Vulcan House is its individually Listed rear range, along Vulcan Hill. The building is a long, complex and much-altered two storey building that forms the western side of the site. The building is built of random rubblestone and is plain rendered on its western elevation. It contains a number of ad-hoc extensions and apertures to its eastern elevation, all differing in character and size. The northern elevation is characterised by two arched windows.
The site is characterised by a number of outbuildings located within the site. These are of various sizes and construction techniques built during the evolution of the site as a foundry between the early 19 th and 20 th Centuries.
PROPOSED DEVELOPMENT
Full planning permission is sought for a number of works culminating in the regeneration of the site to provide 15 flats. The proposed works are listed below:
Vulcan House
1. Refitting of the interior to accommodate 5 flats;
2. Restoration of a natural slate pitched roof to Vulcan House with lead flashing and terracotta ridge tiles;
3. Addition of a three storey double-pitched roof rear extension of 8.4m in width, 10.4m in height, 3.8m in length to Vulcan House containing Georgian style windows, softwood soffits and natural stale roofing;
4. Addition of three Georgian style windows to the west elevation of the building, all 0.8m in width and varying between 1.8m and 0.6m in height;
5. Rebuilding of two brick chimney stacks at the east and west elevations of the house in handmade red facing brick to a height of 1.8m and 2.4m respectively;
6. Erection of metal gates to the front of Vulcan House;
7. Installation of a double door style opening to the main entrance of Vulcan House;
8. Installation of new cast iron rainwater goods;
Rear Range to Vulcan House
8. Demolition of the Grade II Listed Rear Range to Vulcan House;
9. Replacement of demolished building with a similar sized building of 26.4m in length, 6.6m in width and 8m in height, containing a natural slate pitched roof, lead flashing, cast iron rainwater goods, bargeboard soffits, 7 rectangular apertures on the west elevation to be limewash rendered, a mixture of 17 rectangular and arched apertures to the east elevation to be clad in a mixture of self proprietry self-coloured render and stone masonry, a mixture of 2 arched and rectangular apertures to the north elevation.
Curtilage
10. Erection of a two storey block containing 2 flats of approximately 9.6m in width, 7.4m in depth and 7.8m in height, to be clad in red clay facing brickwork and roofed in natural slate;
11. Erection of a further two storey block containing 4 flats approximately 18m in width, 9.5m in depth and 7.8m in height to be clad in red clay facing brickwork and roofed in synthetic tiles;
12. Demolition of 7 outbuildings;
13. Replacement of the garden gate to Vulcan House;
14. Creation of a natural stone flag paving to the front of Vulcan House and entrances to new build flats;
15. Erection of boundary enclosures;
16. Creation of 15 car parking spaces within the curtilage of Vulcan House;
17. Erection of a new stone plinth to retained chimney stack feature;
18. Resurfacing of the courtyard area in tarmacadam.
PLANNING HISTORY
The planning history considered relevant in determining this application is detailed below:
P/97/0473 Demolition of buildings to rear, erection of two storey rear extension and external refurbishment. Planning permission approved , 28 th May 1998
P/97/0474 Demolition of buildings to rear, erection of two storey rear extension and external refurbishment. Listed Building Consent approved , 28 th May 1998
P/98/0318 Erection of building to provide flats Planning permission approved , 8 th September 1998
P/98/0319 Erection of building to provide flats Listed Building Consent approved , 8 th September 1998
P/00/0292 Change of use to doctors’ surgery and pharmacy and external alterations Planning permission approved , 1 st November 2000
P/07/0089 Demolition of extensions and outbuildings to rear of Vulcan House, erection of three storey rear extension and refurbishment and use of Vulcan House for ‘Supported Accommodation’, erection of detached night shelter building and ‘Special Needs Bungalow’ Planning application withdrawn , 5 th July 2007
P/07/0080 Demolition of extensions and outbuildings to rear of Vulcan House, erection of three storey rear extension and refurbishment and use of Vulcan House for 'Supported Accommodation', erection of detached night shelter building and 'Special Needs Bungalow' Listed Building Consent application withdrawn , 5 th July 2007
P/08/0437 Demolition of building within curtilage of Vulcan House and demolition of part of boundary wall fronting Vulcan Road Listed Building Consent approved , 5 th June 2009
P/09/0185 Removal of building’s roof (retrospective application) Planning application withdrawn , 25 th August 2010
P/09/0186 Removal of building’s roof Listed Building Consent application withdrawn , 25 th August 2010
P/11/0110 Building H (within North West Corner) Listed Building Consent approved , 19 th August 2011
CONSULTATION
The following statutory consultees were consulted as part of the planning application process and their comments are listed below:
Internal Consultees
Engineering Manager Content with the parking provisions proposed on-site. No objection, subject to a number of conditions and informatives.
Corporate Property and No response. Regeneration Manager
Town Planning Division Group Listed the policies relevant in the Leader determination of this application. Also, (Planning Policy and observations were made on the design of Implementation) the proposals including materials and the treatment of the front elevation.
Public Health Manager No objection, subject to a number of conditions. External Consultees
Environment Agency No response.
Glamorgan-Gwent Archaeological Initially objected on the grounds of lack of Trust archaeological information. Following discussions an amended consultation response was sent requiring stringent archaeological mitigation as a condition to any potential consent.
South Wales Fire and Rescue Required the developer to consider the Service need for the provision of adequate water supplies for firefighting purposes and access for emergency firefighting appliances.
South Wales Police Made a number of observations on the proposals. Emphasises the importance of adhering to ‘Secure by Design’ principles.
Wales and West Utilities No objection.
Welsh Water No objection subject to a number of conditions and advisory notes.
Western Power Distribution No objection.
PUBLICITY AND THIRD PARTY RESPONSES
In accordance with the Town & Country Planning (General Procedure Development) Order 1995, the following publicity measures were taken:
• Three site notices were displayed within the vicinity of the site on the 14 th July 2011; • A press notice was displayed in the local newspaper on the 14 th July 2011; • Neighbour notification letters were sent to the occupants of 9-11 Cambrian Street, 1-4 Lawn Terrace and 27-32 Sunnybank on the 11 th July 2011.
No written responses were received in response to this publicity.
POLICY CONTEXT
The policies listed below are relevant in the determination of this application:
Planning Policy Wales (Edition 4: 2011)
Chapter 6 (Conserving the Historic Environment), section 6.5 recognises the importance of protecting the historic environment. The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. Paragraph 6.5.4 states that Local Planning Authorities may impose conditions to protect a monument and require that an archaeological watching brief is carried out. In order to secure the provision of an appropriate archaeological investigation and subsequent recording of remains, a negative condition may be imposed prohibiting the carrying out of the development until such time as works or other action (for example, excavation), has been carried out by a third party.
Paragraph 6.5.9 states that development proposals must have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses.
Paragraph 6.5.10 further states that applicants must be able to justify their proposals to a Listed Building and show why alteration or demolition of a listed building is desirable or necessary.
Paragraph 6.5.17 states that if any proposed development would conflict with the objective of preserving or enhancing the character or appearance of a Conservation Area, or its setting, there will be a strong presumption against the grant of planning permission.
Welsh Office Circular 61/96 “Planning and the Historic environment: Historic Buildings and Conservation Areas”
Part 1 Paragraph 11 requires Local Planning Authorities considering applications for works which affect Listed Buildings to have regard to its character and setting.
Part 2 Paragraph 33 states that there is a general presumption in favour of retaining buildings which make a positive contribution to the character and appearance of a Conservation Area. In cases where there is no such contribution, consent should not be given unless there are detailed and acceptable plans for redevelopment.
Part 3 Paragraph 70 stipulates a number of requirements for consideration of all applications involving Listed Buildings. Matters which should be considered include the importance and rarity of the building, its physical features, its contribution to the local street scene and the extent to which the proposed works would bring substantial benefits for the community.
Part 3 Paragraphs 91 and 92 address the demolition of Listed Buildings. The Secretary of State would not expect consent to be given for the total or substantial demolition of any Listed Building without convincing evidence to show that redevelopment would produce substantial benefits for the community which would decisively outweigh the loss resulting from demolition. The criteria is set out in the Circular for the demolition of Listed Buildings.
Local Development Plan (2006-2021)
The Local Development Plan for Merthyr Tydfil is the extant adopted development plan for the County Borough.
Policy BW6 states that proposals must not have an unacceptable impact on the setting or character of any Listed Building or Conservation Area.
Policy BW7 requires all new developments to support good quality sustainable design and for all new development to be appropriate in terms of scale, height, massing, elevational treatment, materials, detailing, layout, form, mix and density.
Policy BW19 states that during the plan period, the Local Development Plan will provide 260 affordable dwellings across the County Borough to contribute to the identified level of housing need.
Policy AS1 allocates the site (H17) for housing to contribute to the provision of approximately 3134 dwellings within the County Borough primary growth area.
Policy AS4 states that there will be a presumption in favour of the protection, conservation and enhancement of the Merthyr Tydfil Outstanding Historic Landscape. All new development within the historic landscape must preserve its character and integrity.
Morgantown Conservation Area Character Appraisal (December 2009)
In its assessment, the Character Appraisal identifies the poor condition of Vulcan House as a significant detractor to the Conservation Area. The building provides the strongest link back to the industrial past of Morgantown and is reputed to be the oldest building within the Conservation Area. The Appraisal recommends that the Council explores options for securing the preservation of Vulcan House including the consideration of residential development.
PLANNING CONSIDERATIONS
Restoration of Vulcan House
The proposals involve the restoration of the main Vulcan House building in order to accommodate 5 living accommodation units. Given the residential design of the Listed Building, it is considered that such a use can be accommodated provided that appropriate details are produced. The building is currently unoccupied and is without a roof.
In order to accommodate the proposed use, it is proposed to add a three-storey rear extension with double-pitched roof, the dimensions of which are considered appropriate to the scale of the building. This extension will remain subservient to the building, and following a number of design amendments throughout the application process, is deemed to be of an appropriate design. The extension contains a number of Georgian style windows with softwood soffits and natural slate roofing. These treatments are considered to relate well to the principal Listed Building.
In terms of alterations to the remaining building, restoration will occur by means of the installation of a natural slate hipped roof to replicate that which was originally on the building. This will also include lead flashing and terracotta ridge tiles. Additionally, two brick chimney stacks will be added to the east and west elevations of the house in handmade red facing brick. The original chimneys were removed from the building as part of its previous uses. The proposal to restore these in a traditional format is considered to be a positive gain for the building. It is acknowledged that these are to replace two chimney stacks which are to be lost as a result of the erection of a rear extension. Whilst the removal of the current chimneys is not considered ideal, their removal and effective relocation will not affect the character of the building as one of special historic interest.
Three Georgian style sash windows will be added to the west elevation of the building. These will be of varying sizes. They are required in order for living accommodation to be included within the side elevation of the building. Whilst historically this elevation has not included any apertures, it is considered that the design and scale of the proposed windows are in character with Vulcan House and do not draw undue attention to themselves. Thus, this subtle alteration to the building is considered acceptable.
In terms of works to the main frontage of the building, it is proposed to reinstate a string course between the first and second floor of the building in its entirety. The addition of cast iron rainwater goods and a double door style opening is also proposed to the main façade of the building. These alterations will reinstate the frontage of Vulcan House nearer to its originally intended condition.
Whilst a small amount of negative alterations will occur to Vulcan House, a number of features will be added to restore the building to its original condition. These are considered to override the slight loss of historic fabric in order to accommodate the proposed uses. Thus, overall, the alterations to the Grade II Listed Vulcan House are considered to be acceptable.
Security
In their response to the planning application, South Wales Police had made a number of observations and recommendations on the proposals. The majority of these were to incorporate ‘Secure by Design’ principles into the development. The proposals will incorporate the erection of metal gates to the right hand arched entryway for Vulcan House. These are utilitarian in design and provide secure access to the rear courtyard of Vulcan House. The simple and functional design is considered to be in character with the original industrial character of the site.
It is also proposed to restore the Grade II Listed garden gate to Vulcan House as well as the restoration of the associated boundary wall. The details submitted to restore these features include the removal of cement render from the flanking walls, the re-establishment of stone plinths using traditional materials and the fabrication of a new gate in cast iron. The restoration of these features in a traditional way will maintain the security of the site whilst restoring the curtilage of Vulcan House to its original state.
Other observations by South Wales Police include the location of refuse stores and individual door security detailing. It is considered that these comments have been adhered to.
The South Wales Policy also made observations in relation to the thickness of glass panes on windows. However, it is considered that as Vulcan House is a historic building, thicker glass cannot be accommodated into traditional Georgian style sash windows as it would result in the proliferation of thicker transoms and mullions.
Curtilage Works
As part of the proposals, a number of curtilage works are proposed in order to accommodate the proposed uses. The majority of these works involve the clearance of several outbuildings associated with the Listed Building.
The outbuildings form part of the Vulcan House foundry and form an integral part of the interpretation of early industrial processes. The buildings have been constructed in phases and contain a number of later alterations. The construction dates of the buildings range from the late 19 th Century to the early 20 th Century and include a western range, north range and a number of lean-to structures. These have been constructed largely of Victorian red brick, tin clad roofing and timber openings. Later alterations appear to contain sand/cement render.
The Architectural Assessment, which was submitted with this application, indicates that these buildings are not worthy of retention. Upon inspection, it is clear that the buildings to be demolished are in a poor and deteriorating structural condition whilst remaining architecturally malignant. Some historic significance can be attached to these buildings as they form an interpretation of this key site within Merthyr Tydfil. However, this historic significance is not considered to be sufficient to warrant their full restoration. It is appreciated that space is required within the site boundary in order to provide facilities (such as parking and services) which will in turn facilitate its redevelopment. With full recording of these buildings by means of planning condition, their loss from the historic environment of Merthyr Tydfil can be mitigated for. Previous Listed Building Consents noted in the ‘Planning History’ section of this report established the principle of the acceptability of the proposals to demolish outbuildings on the site.
Within the main courtyard area resulting from the demolition of the aforementioned outbuildings, the proposals include the resurfacing of the courtyard area in tarmacadam to provide 15 parking spaces, the creation of natural flag stone paths and a number of boundary treatments. The proposals will also incorporate the erection of a stone plinth to the sole remaining outbuilding of the site. Whilst these alterations will change the largely cluttered character of the courtyard, the physical appearance and condition of the area will be improved greatly. The proposed surface and boundary treatments are considered acceptable to the character of this Listed Building. The preservation of an interesting architectural feature will also retain an essential character to the site.
It is considered that the location of refuse storage facilities is appropriate and respects the setting of the Listed Building.
New Dwellings
The proposals contain the construction of two additional blocks to the north of Vulcan House providing a total of 6 units for living accommodation. This is comprised of one block containing four flats and another smaller unit containing two flats.
The smaller block nearest to Vulcan House is to be faced in smooth red clay brickwork and will contain vertical softwood sash windows with pre-cast concrete sills and a natural slate roofing. The design of this block relates to the redeveloped rear range to Vulcan House in terms of scale and massing. The proposed materials are considered to be appropriate.
The larger block to the north of the site is more domestic in its design and incorporates non-natural materials such as sliding sash uPVC windows, synthetic tiling and red clay brickwork. Whilst some of the proposed materials are not considered to be strictly in character with the Conservation Area, they attempt to replicate design features which are integral to the Conservation Area. This block signifies the gradual change to domestic style properties in the Conservation Area moving north from the industrial style rear range to Vulcan House.
Both blocks contain rear-facing solar panels of approximately 1.5m x 1.5m in size. These panels are not considered to impact upon the setting of a Listed Building nor will they interrupt the character of the Conservation Area.
Archaeology Requirements
Following consultation with the Council’s archaeological advisors; Glamorgan- Gwent Archaeological Trust, objections were raised with regard to the impact of these proposals on archaeological resource. Initial comments from the Trust queried the accuracy of the submitted drawings, which was subsequently resolved.
However, of greater concern was the applicant’s apparent failure to acknowledge that the historical and archaeological resource on the site is not only above ground but also beneath it. As stated in the ‘Planning Policy Context’ section of this report, the impact of development on buried archaeological resource is a material consideration in the determination of this application, as noted in Planning Policy Wales (2011). Current planning policy advises that archaeology is a finite resource and measures must be taken to ensure that total loss of archaeology is mitigated for. Given the site’s previous uses as well as its importance in interpreting early industrial processes, there is a high likelihood of archaeological resource surviving in-situ. This assertion is reinforced by the Glamorgan-Gwent Archaeological Trust’s comments.
It was therefore requested from the applicant that an archaeologist prepare a statement on the expected archaeological resource in the area as well as proposed mitigation. The submission indicated that notwithstanding the demolition of a number of outbuildings, the proposals are considered to have a major impact on a number of historical features on site, including a culvert which coveys water from a stream originating in the Grove Park off The Walk area of Merthyr Tydfil to the former Vulcan Brewery and Fish Pond to the rear and northeast of Brecon Road alongside Tabernacle Chapel. Furthermore, there are expected to be foundations of buildings which stood on the site from historic cartographic evidence.
Further to this submission, it was considered that the information presented was sufficient to determine that whilst the proposed development will have a significant impact on the buried archaeological resource, that appropriate measures can be implemented to mitigate this impact to an acceptable level. Accordingly, conditions may be added to any planning permission which may be issued in order to secure preservation by record of remaining archaeological resource. This is considered to be an appropriate treatment of archaeological resource.
Engineering/Transportation Considerations
Vehicular access will be achieved through the formation of a vehicular entrance off Vulcan Hill with a width of 4.5m. A visibility splay of 2.4m by approximately 21.5m in either direction is to be established from the site. Access to the site is considered to be appropriately addressed in engineering terms.
The proposals include provision for 15 on-site car parking spaces as well as pedestrian and vehicular access. Whilst the proposed amount of spaces is lower than the prescribed standards, consideration of the location of the site within the defined Town Centre boundary as well as the likely low level of car ownership has been taken into account. Furthermore, statutory restrictions on the site have also been considered, such as the Listing of buildings and location within the Morgantown Conservation Area. Following consultation with the Council’s Engineering Manager, it was considered that the parking provision was satisfactory.
The Engineering Manager did not raise any objections regarding any other aspects of the scheme. However, further details were required on any new retaining walls within the site to ensure that they comply with safety regulations.
Demolition of the rear range of Vulcan House
As part of the redevelopment of the site, the proposals involve the demolition of the Grade II Listed rear range to Vulcan House. This long building extends northwards along Vulcan Hill.
Committee will note that the proposals do NOT involve the demolition of the main three storey Vulcan House building.
Paragraphs 91-92 of Welsh Office Circular 61/96 “Planning and the Historic environment: Historic Buildings and Conservation Areas” indicate that proposals to demolish Listed Buildings require thorough assessment and justification. A number of sequential tests are set within the Circular. These are summarised below: a) Structural Condition
A structural report has been undertaken by the applicant as the demolition of the rear range to Vulcan House is proposed largely on structural grounds. The structural assessment was carried out by the applicants. The conclusions of this report are worded below verbatim et literatim:
“The detailed inspection revealed that the west wall was significantly out of plumb and measures should be taken immediately to reposition the Heras fence to protect the public in the event of a collapse. In the longer term it is recommended that this wall is rebuilt using existing stone from the wall.
It is not considered realistic to retain this wall because once the sand/cement render is removed it is anticipated that the wall will collapse. The east wall will collapse once the timber lintels, which are in an advanced state of decay eventually fail. It is my considered opinion that this building cannot be retained either from a health and safety view or as a stable structure”
The report therefore indicates that there are inherent faults with the structure which may pose a danger. Whilst this report has not been compiled by a conservation-structural engineer, the recommendations contained within it are considered seriously from a health and safety point of view. Furthermore, it is acknowledged that much of the building’s architectural merit has been removed as a result of unsympathetic alterations.
b) Cost Appraisal
A cost appraisal was submitted as part of this application in order to determine whether the retention of the rear wing to Vulcan House was feasible in financial terms, in accordance with Paragraph 92(i) of Welsh Office Circular 61/96: Planning and the Historic Environment.
This concluded that the total scheme cost would be £1,998,091.00 if the rear wing to Vulcan House is retained. The demolition and rebuilding of the rear wing would limit the total cost of the scheme to £1,758,256.00. Thus, the additional cost of retaining the rear wing in a repairable state would have added an additional £239,837 to the cost of works.
Within the framework of the entire scheme, it is considered that £239,837 is not a significant amount of money. Demolition based on cost alone would not prove sufficient to gain consent. c) Sustainability of Existing or New Uses
Given the costs associated with the sympathetic restoration of the building, it is clear that attaining sustainable uses to the building would be difficult. The most recent use of the building was as a storage depot under public ownership. This proved to be unfeasible due to the fact that the buildings were largely unoccupied and did not account for ongoing building maintenance. Since the site was relinquished, it has remained unoccupied and vacant since the early 1990s.
Given the construction of the buildings, the most viable new use is likely to be for residential purposes. However, taking into account the above cost appraisal, it would be difficult for a private developer to acquire and restore the site without significant grant aid, thus rendering the cost implications as unsustainable. Therefore, the only viable use appears to be through a public subsidy scheme such as that now proposed.
The site has been marketed for a number of years and previous planning/Listed Building Consents have not been implemented for a number of reasons. d) Charity or Community Ownership
Under the proposals, the preservation of the buildings will be in the form of charitable ownership. Wales and West Housing Association are a charitable association under the Industrial and Provident Societies Act 1965.
A substantial part of the works will be funded through the Welsh Government’s social housing grant.
e) Community Benefits of Redevelopment
Use of the site for the purpose now sought would undoubtedly be of benefit to the local community. The site has been vacant for in excess of 20 years and has been identified as a negative aspect within the Morgantown Conservation Area. The building is classified as ‘at risk’ following the Council’s condition survey, which was completed in April 2011. Therefore, there is need for an intervention.
In terms of the benefits gained from this development, the perception and quality of Morgantown will be improved by the removal of a derelict building. Some of the harm caused will be offset by the sympathetic restoration of Vulcan House. Furthermore, the development will provide social housing in an area where there is an acknowledged need. The site would contribute to the community to a far greater extent than it does currently. f) Open Sale
Evidence has been provided by the applicant that the site has been marketed for a number of years by the current owners (MTCBC). Attempts have been made to sell the building on the open market, and a sale was agreed over 5 years ago under the asking price. This sale was not successful as Welsh Government approval was not obtained at the time. The current applicants are the only interested parties in the site.
Given the unsuccessful marketing of the site and the continued deterioration of the building, it is considered that appropriate efforts have been made to secure an open sale. g) Details of Proposed Redevelopment
Information provided with this application for Listed Building Consent include full details for the proposed redevelopment of the site. The proposals, as a whole, involve the retention and refurbishment of Vulcan House as well as a chimney stack within the curtilage of the Listed Building. A number of new build flats will also be provided.
The proposed replacement to the rear wing to Vulcan House will comprise a building which is similar in scale, height and massing. Furthermore, the building design aims to replicate the key features of the rear wing. However, unlike its original use, the building is to accommodate four additional flats.
The replacement building will attach to Vulcan House and will be of 26.4m in length, 6.6m in width and 8m in height. The building will contain a natural slate pitched roof with lead flashing, cast iron rainwater goods, bargeboard soffits and one conservation rooflight within the roof pitch. The proposed roofing materials are considered to be of a standard expected within the curtilage of a Listed Building.
In terms of the elevational treatments, there will be a mixture of 17 rectangular and arched apertures to the east elevation. These reflect the ad-hoc industrial style of the former Vulcan House foundry. This elevation will be clad in a mixture of proprietry self-coloured render and revealed dressed stonework. This is considered to be an acceptable treatment. The western elevation will contain additions which were not on the site previously (7 separate apertures, all of differing sizes). These are all rectangular in form with sash bars and metal frames. The addition of apertures will add an element of security and overlooking onto Vulcan Hill and will add some interest to the street elevation. The north elevation will contain two rectangular apertures, much like the building it is intended to replace.
Without considering the demolition of the Grade II Listed rear wing, the replacement building is considered to be in character with the Morgantown Conservation Area and would respect the setting of the Grade II Listed Building. The scale, height and massing of the building would be appropriate to the area and the design and materials chosen would remain in keeping with the industrial character of the site.
CONCLUSIONS
This application for the restoration of Vulcan House contains some notable weaknesses. The submitted cost appraisal, in my officer’s view, does not offer a sufficient saving to merit the demolition of a historic building, as assessed in the cost appraisal. Furthermore, the submitted structural report, whilst recommending demolition on structural grounds, was not compiled by an engineer with stated experience in historic building conservation. This weak justification for the demolition of a Grade II Listed Building weighs against the proposal.
However, a number of factors weigh in favour of the proposal. Vulcan House and its rear range have been assessed as at grave risk within the Council’s Buildings at Risk register. These buildings require a catalogue of work in order to be put into beneficial use. Without a timely intervention, both Vulcan House and its rear range could be prone to complete structural failure in the near future. Thus, the urgent need for an intervention has been considered as material to this application.
Furthermore, it is acknowledged that Vulcan House is a locally recognisable building which is of national historic importance. The five bay Georgian façade is iconic to the town and is a local landmark. The restoration of this particular block will certainly herald substantial community benefits and will significantly improve the perception of Merthyr Tydfil as a town and Morgantown as a Conservation Area. In this respect, the rear wing is very much subservient to the main Vulcan House building as it, in effect, forms an extension to Vulcan House (though, it is separately Listed). Thus, its demolition and replacement may not be considered to be a loss to the local community. The poor condition of the building and a number of unsympathetic past alterations not only detract from the building itself, but from the Conservation Area as a whole. Its demolition will not be of a great loss architecturally, however it is a historically important building, along with other outbuildings on the site, in order to understand early industrial processes. With a detailed record of the building and an archaeological watching brief, the interpretation of how this site operated can be better understood than at present.
It is regrettable that a building of the size and status of the rear range to Vulcan House may be lost as a result of the proposals. However, in considering whether demolition is justified, the current condition of the building and the wider community benefits resulting from demolition would outweigh the loss to the historic environment. Demolition based on cost alone would not be a sufficient reason for demolition in this instance. Conversely, the community benefits in terms of social housing as well as the regeneration of a derelict site will be of great benefit to the locality. Circular 61/96 states that ‘full details’ are required for what is proposed on the site following demolition prior to the approval of Listed Building Consent. Full details have been supplied in this instance and, following a number of design amendments, it is considered that the replacement building will remain in character with the Conservation Area and will relate well in design terms to Vulcan House.
In terms of the demolition of outbuildings on site, it is considered that these buildings form an essential part of the interpretation of the site. However, should the site be utilised for residential purposes as proposed, the space occupied by the outbuildings will be required to ensure that parking provisions are met. Mitigation has been proposed by means of a period of building recording as well as an archaeological watching brief. This is considered to be an appropriate form of mitigation given that these buildings are not considered to be of national importance in their own right.
Supplemental to design and conservation issues, no concerns were raised by other statutory consultees with regard to this application.
Accordingly, the following recommendation is made:
RECOMMENDATION: BE APPROVED subject to CONDITIONS:
1. The development hereby approved shall NOT be carried out other than in accordance with the AMENDED PLANS numbered:
- 1212 01; - 1212 02; - 1212 03; - 1212 04; - 1212 05; - 1212 06; - 1212 07; - 1212 08; - 1212 09; - 1212 51; - 1212 52; - 1212 53; - 1212 54; - 1212 55; - 1212 56; - 1212 57; - 1212 58; - 1212 59; - 1212 61; - 1212 62; - 1212 63; - 1212 64; - 1212 71; - 1212 72; - 1212 73; - 1212 74; - 1212 75; - 1212 76; - 1212 77;
And the reports entitled:
-Vulcan House, Merthyr Tydfil - An architectural and archaeological analysis (August, 2008); - Heritage Statement (June 2011); - Vulcan House, Merthyr Tydfil - Drainage Strategy (6046 30.06.11 RB); - Vulcan House, Merthyr Tydfil - Structural Report (6046 June 2011); - Vulcan House, Merthyr Tydfil - Planning Statement (June 2011); - Code for Sustainable Homes Pre-Assessment Report (June 2011); - Code for Sustainable Homes Assessment for Ecology (June 2010); - Design and Access Statement (June 2011).
Reason - To ensure compliance with the approved plans and clearly define the scope of this permission.
2. BEFORE construction works commence details/samples of ALL external finishes shall be submitted to and approved in writing by the Local Planning Authority and all works undertaken shall be completed in accordance with such approved details. Such details shall take into account the following requirements:
(i) The roof finishes to Vulcan House and associated extensions shall comprise of reclaimed natural natural Welsh slate tiles of a style and finish to match existing, in accordance with the approved plans;
(ii) All rainwater goods to Vulcan House and associated extensions are to be of cast iron material or equivalent, in accordance with the approved plans;
(iii) All doors, fascias and soffits to Vulcan House and associated extensions shall be constructed of seasoned timber or oiled hardwood;
(iv) All rooflights to be installed to Vulcan House and associated extensions are to be of Conservation Rooflight style;
(v) All windows to Vulcan House shall be constructed of seasoned timber and all windows to the extension of Vulcan House shall be Crittall windows or equivalent;
(vi) All solar panels to the new dwellings must be of a slimline construction contained within a black frame.
Reason - In the interest of visual amenity.
3. BEFORE the building is utilised for the use hereby approved, details of all exterior surface finishes shall be submitted to and approved in writing by the Local Planning Authority and all works undertaken shall be completed in accordance with such approved details.
Reason - In the interest of visual amenity and to ensure the access routes respect the character of the principal Listed Building.
4. BEFORE construction works commence, details of all boundary enclosures shall be submitted to and approved in writing by the Local Planning Authority. All works undertaken shall be implemented in full in accordance with such details prior to the building being used for the use hereby approved.
Reason - To ensure that all new enclosures are of a design sympathetic to the original character of the principal listed building.
5. No dry lining or surfacing of the four main interior walls of Vulcan House shall take place until a schedule of finishes has been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented thereafter.
Reason - To protect the historic fabric of the Listed Building.
6. A sample panel of the re-rendering works to be carried out to the external masonry of Vulcan House shall be carried out on a section of the external wall of the building (not to exceed 0.5m2) for the written approval of the Local Planning Authority, before any other works are carried out to the external walls of the building. Only those materials and repair techniques used in the approved sample area shall be used for the re-rendering of the external masonry of the building.
Reason - To protect the historic fabric of the Listed Building.
7. No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority.
Reason - In order that the archaeological operations are undertaken to an acceptable standard and that legitimate archaeological interest in the site is satisfied.
8. During the demolition and construction works, no plant, machinery or vehicles shall be operated on the site other than during the following times:
Monday to Friday - 0700hrs to 1800hrs Saturday - 0700hrs to 1300hrs Sundays, bank or public holidays - No work, unless otherwise agreed in writing by the Local Planning Authority.
Reason - To ensure that any noise emitted from demolition and construction works is not a source of nuisance.
9. BEFORE the commencement of development, a scheme demonstrating the measures to be employed to minimise noise and vibration produced by the construction and demolition operations shall be submitted to and approved in writing by the Local Planning Authority. All works shall be undertaken in accordance with such approved details.
The scheme should demonstrate compliance with the provisions of BS5228 Part 1, 1984, "Noise control on construction and open sites", and all other relevant British Standards and Codes of Practice. These measures should include proposals to notify the Public Health Division in advance of any works involving rock drilling, piling operations, stone crushing activities, vibration compaction, 24 hour pumping or generator operation.
Reason - To ensure that the noise emitted from demolition and construction works is not a source of nuisance.
10. BEFORE construction or demolition works commence, a scheme demonstrating measures to be employed to minimise dust generation from the site shall be submitted to and approved in writing by the Local Planning Authority and all works undertaken shall be carried out in accordance with such approved details.
Reason - To ensure that any dust emitting from the demolition and construction works is not a source of nuisance.
11. All waste materials should be disposed of to a licenced waste disposal site. All vehicles transporting waste off site must be covered by a waste carriers licence and certification kept for all waste disposed of.
Reason - In the interests of public protection.
12. Foul water and surface water discharges shall be drained separately from the site.
Reason - To protect the integrity of the public sewerage system.
13. 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 to ensure no detriment to the environment.
14. 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.
15. BEFORE the commencement of development, full details and calculations of all earth retaining structures with a retained height greater than 1 metre are to be submitted to, and approved by, the Local Planning Authority.
Reason - To ensure the structural integrity of any retaining walls.
INFORMATIVES
1. The developer shall obtain all other necessary consents BEFORE works commence including BUILDING REGULATION approval.
2. Apparatus in the ownership of Wales and West Utilities may be at risk during construction works. Should the application be approved, the promoter of the works is required to contact Wales and West Utilities directly to discuss their requirements in detail. Should diversion works be required, these will be fully chargeable.
3. If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water's Network Development Consultants on 0800 917 2652.
4. The storm water run off from the site shall not be increased by the proposed development and attenuation may be required.
5. Permission will be required from the Local Authority and the Environment Agency to either culverty or divert the watercourse prior to any commencement of the works.
6. The developer is advised to contact Merthyr Tydfil County Borough Council's Highway Division regarding any retaining works or other works affecting the highway BEFORE construction works commence.
7. The applicant/developer is advised to liaise with Merthyr Tydfil County Borough Council's Highways Division regarding any consents which are required in association with the provision of any vehicle cross over of verge or footway.
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Application No. Date Determining Authority P/11/0181 30th June 2011 MTCBC
Proposed Development Location Name & Address of Applicant/Agent
Conversion and restoration of Vulcan House Wales And West Housing Vulcan House and Vulcan Road Association demolition/redevelopment or rear Merthyr Tydfil c/o Asbri Planning Ltd annexe to provide 5 flats, CF47 8LN F.a.o. S Harries demolition/redevelopment of new 1st Floor, Westview House rear wing to accommodate 4 Unit 6, Oak Tree Court flats. Construction of two storey Mulberry Drive building to provide 2 flats and erection of 2 storey detached building to accommodate 4 flats. Creation of new access and parking area and other associated external works
APPLICATION SITE
This application relates to a rectangular corner site located at the junction of Quarry Row and Vulcan Hill in Morgantown Conservation Area, approximately 0.17ha in area. The site encompasses a total of three Grade II Listed Buildings and 8 additional outbuildings forming part of a former foundry. All buildings on the site are currently unoccupied and are in a deteriorating state.
Of the Listed Buildings to which this application pertains, Vulcan House is the most prominent. It is also historically important for its associations with Matthew John; a key individual of the Chartist movement in Merthyr Tydfil. The building fronts Quarry Row and is of early 19 th Century construction with a white rendered late Georgian façade consisting of five bays. It is three storeys in height and notable for its half-lunette windows on its top floor. The building currently has no roof. A small forecourt exists to the front of the house containing a rubble stone wall and gatepiers. A cast iron Grade II Listed garden gate has been removed from the site.
Projecting from the rear of Vulcan House is its individually Listed rear range, along Vulcan Hill. The building is a long, complex and much-altered two storey building that forms the western side of the site. The building is built of random rubblestone and is plain rendered on its western elevation. It contains a number of ad-hoc extensions and apertures to its eastern elevation, all differing in character and size. The northern elevation is characterised by two arched windows.
The site is characterised by a number of outbuildings located within the site. These are of various sizes and construction techniques built during the evolution of the site as a foundry between the early 19 th and 20 th Centuries.
PROPOSED DEVELOPMENT
Listed Building Consent is sought for a number of works culminating in the regeneration of the site to provide 15 flats. The proposed works are listed below:
Vulcan House
1. Refitting of the interior to accommodate 5 flats;
2. Restoration of a natural slate pitched roof to Vulcan House with lead flashing and terracotta ridge tiles;
3. Addition of a three storey double-pitched roof rear extension of 8.4m in width, 10.4m in height, 3.8m in length to Vulcan House containing Georgian style windows, softwood soffits and natural stale roofing;
4. Addition of three Georgian style windows to the west elevation of the building, all 0.8m in width and varying between 1.8m and 0.6m in height;
5. Rebuilding of two brick chimney stacks at the east and west elevations of the house in handmade red facing brick to a height of 1.8m and 2.4m respectively;
6. Erection of metal gates to the front of Vulcan House;
7. Installation of a double door style opening to the main entrance of Vulcan House;
8. Installation of new cast iron rainwater goods;
Rear Range to Vulcan House
8. Demolition of the Grade II Listed Rear Range to Vulcan House;
9. Replacement of demolished building with a similar sized building of 26.4m in length, 6.6m in width and 8m in height, containing a natural slate pitched roof, lead flashing, cast iron rainwater goods, bargeboard soffits, 7 rectangular apertures on the west elevation to be limewash rendered, a mixture of 17 rectangular and arched apertures to the east elevation to be clad in a mixture of self proprietry self-coloured render and stone masonry, a mixture of 2 arched and rectangular apertures to the north elevation.
Curtilage
10. Erection of a two storey block containing 2 flats of approximately 9.6m in width, 7.4m in depth and 7.8m in height, to be clad in red clay facing brickwork and roofed in natural slate;
11. Erection of a further two storey block containing 4 flats approximately 18m in width, 9.5m in depth and 7.8m in height to be clad in red clay facing brickwork and roofed in synthetic tiles.
12. Demolition of 7 outbuildings;
13. Replacement of the garden gate to Vulcan House;
14. Creation of a natural stone flag paving to the front of Vulcan House and entrances to new build flats;
15. Erection of boundary enclosures;
16. Creation of 15 car parking spaces within the curtilage of Vulcan House;
17. Erection of a new stone plinth to retained chimney stack feature;
18. Resurfacing of the courtyard area in tarmacadam.
PLANNING HISTORY
The planning history considered relevant in determining this application is detailed below:
P/97/0473 Demolition of buildings to rear, erection of two storey rear extension and external refurbishment. Planning permission approved , 28 th May 1998
P/97/0474 Demolition of buildings to rear, erection of two storey rear extension and external refurbishment. Listed Building Consent approved , 28 th May 1998
P/98/0318 Erection of building to provide flats Planning permission approved , 8 th September 1998
P/98/0319 Erection of building to provide flats Listed Building Consent approved , 8 th September 1998
P/00/0292 Change of use to doctors’ surgery and pharmacy and external alterations Planning permission approved , 1 st November 2000
P/07/0089 Demolition of extensions and outbuildings to rear of Vulcan House, erection of three storey rear extension and refurbishment and use of Vulcan House for ‘Supported Accommodation’, erection of detached night shelter building and ‘Special Needs Bungalow’ Planning application withdrawn , 5 th July 2007
P/07/0080 Demolition of extensions and outbuildings to rear of Vulcan House, erection of three storey rear extension and refurbishment and use of Vulcan House for 'Supported Accommodation', erection of detached night shelter building and 'Special Needs Bungalow' Listed Building Consent application withdrawn , 5 th July 2007
P/08/0437 Demolition of building within curtilage of Vulcan House and demolition of part of boundary wall fronting Vulcan Road Listed Building Consent approved , 5 th June 2009
P/09/0185 Removal of building’s roof (retrospective application) Planning application withdrawn , 25 th August 2010
P/09/0186 Removal of building’s roof Listed Building Consent application withdrawn , 25 th August 2010
P/11/0110 Building H (within North West Corner) Listed Building Consent approved , 19 th August 2011
CONSULTATION
The amenities societies were consulted as part of the Listed Building Consent application process and their comments are listed below:
Merthyr Tydfil Heritage Trust Commends the sensitive detailing to windows and doors and welcomes the proposals to bring the building back into beneficial use.
Civic Trust for Wales No response.
The Georgian Group Wales Raised concerns over the lack of justification for the demolition of a Grade II Listed Building. Further comparative cost analysis is required in line with Circular 61/96 to satisfy the requirements of the secretary of state. Also raised concerns of the quality of finishes of new dwellings.
Glamorgan Gwent Archaeological Initially objected on the grounds of lack of Trust archaeological information. Following discussions an amended consultation response was sent requiring stringent archaeological mitigation as a condition to any potential consent.
The Society for the Protection of No response. Ancient Buildings
The Ancient Monuments Society No response.
The Royal Commission on the Notes that the building is of historical Ancient and Historical Monuments significance and expresses the likelihood of Wales of archaeological works required should consent be granted.
The Victorian Society (South Wales) No response.
Council for British Archaeology Concerned that the plans do not attempt (Wales) to preserve the buildings to the rear of Vulcan House which provide an historic context to the building. Also concerned at the demolition of the rear wing to Vulcan House. However, it is recommended that should permission be granted that a period of archaeological investigation is added as a condition.
PUBLICITY AND THIRD PARTY RESPONSES
The following publicity measures were taken:
• Three site notices were displayed within the vicinity of the site on the 14 th July 2011; • A press notice was displayed in the local newspaper on the 14 th July 2011; • Neighbour notification letters were sent to the occupants of 9-11 Cambrian Street, 1-4 Lawn Terrace and 27-32 Sunnybank on the 11 th July 2011.
No written responses were received in response to this publicity.
POLICY CONTEXT
The policies listed below are relevant in the determination of this application:
Planning Policy Wales (Edition 4: 2011)
Chapter 6 (Conserving the Historic Environment), section 6.5 recognises the importance of protecting the historic environment. The desirability of preserving an ancient monument and its setting is a material consideration in determining a planning application, whether that monument is scheduled or unscheduled. Paragraph 6.5.4 states that Local Planning Authorities may impose conditions to protect a monument and require that an archaeological watching brief is carried out. In order to secure the provision of an appropriate archaeological investigation and subsequent recording of remains, a negative condition may be imposed prohibiting the carrying out of the development until such time as works or other action (for example, excavation), has been carried out by a third party.
Paragraph 6.5.9 states that development proposals must have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses.
Paragraph 6.5.10 further states that applicants must be able to justify their proposals to a Listed Building and show why alteration or demolition of a listed building is desirable or necessary.
Paragraph 6.5.17 states that if any proposed development would conflict with the objective of preserving or enhancing the character or appearance of a Conservation Area, or its setting, there will be a strong presumption against the grant of planning permission.
Welsh Office Circular 61/96 “Planning and the Historic environment: Historic Buildings and Conservation Areas”
Part 1 Paragraph 11 requires Local Planning Authorities considering applications for works which affect Listed Buildings to have regard to its character and setting.
Part 2 Paragraph 33 states that there is a general presumption in favour of retaining buildings which make a positive contribution to the character and appearance of a Conservation Area. In cases where there is no such contribution, consent should not be given unless there are detailed and acceptable plans for redevelopment.
Part 3 Paragraph 70 stipulates a number of requirements for consideration of all applications involving Listed Buildings. Matters which should be considered include the importance and rarity of the building, its physical features, its contribution to the local street scene and the extent to which the proposed works would bring substantial benefits for the community.
Part 3 Paragraphs 91 and 92 address the demolition of Listed Buildings. The Secretary of State would not expect consent to be given for the total or substantial demolition of any Listed Building without convincing evidence to show that redevelopment would produce substantial benefits for the community which would decisively outweigh the loss resulting from demolition. The criteria is set out in the Circular for the demolition of Listed Buildings.
Local Development Plan (2006-2021)
The Local Development Plan for Merthyr Tydfil is the extant adopted development plan for the County Borough.
Policy BW6 states that proposals must not have an unacceptable impact on the setting or character of any Listed Building or Conservation Area.
Policy BW7 requires all new developments to support good quality sustainable design and for all new development to be appropriate in terms of scale, height, massing, elevational treatment, materials, detailing, layout, form, mix and density.
Policy BW19 states that during the plan period, the Local Development Plan will provide 260 affordable dwellings across the County Borough to contribute to the identified level of housing need.
Policy AS1 allocates the site (H17) for housing to contribute to the provision of approximately 3134 dwellings within the County Borough primary growth area.
Policy AS4 states that there will be a presumption in favour of the protection, conservation and enhancement of the Merthyr Tydfil Outstanding Historic Landscape. All new development within the historic landscape must preserve its character and integrity.
Morgantown Conservation Area Character Appraisal (December 2009)
In its assessment, the Character Appraisal identifies the poor condition of Vulcan House as a significant detractor to the Conservation Area. The building provides the strongest link back to the industrial past of Morgantown and is reputed to be the oldest building within the Conservation Area. The Appraisal recommends that the Council explores options for securing the preservation of Vulcan House including the consideration of residential development.
PLANNING CONSIDERATIONS
Restoration of Vulcan House
The proposals involve the restoration of the main Vulcan House building in order to accommodate 5 living accommodation units. Given the residential design of the Listed Building, it is considered that such a use can be accommodated provided that appropriate details are produced. The building is currently unoccupied and is without a roof.
In order to accommodate the proposed use, it is proposed to add a three-storey rear extension with double-pitched roof, the dimensions of which are considered appropriate to the scale of the building. This extension will remain subservient to the building, and following a number of design amendments throughout the application process, is deemed to be of an appropriate design. The extension contains a number of Georgian style windows with softwood soffits and natural slate roofing. These treatments are considered to relate well to the principal Listed Building.
In terms of alterations to the remaining building, restoration will occur by means of the installation of a natural slate hipped roof to replicate that which was originally on the building. This will also include lead flashing and terracotta ridge tiles. Additionally, two brick chimney stacks will be added to the east and west elevations of the house in handmade red facing brick. The original chimneys were removed from the building as part of its previous uses. The proposal to restore these in a traditional format is considered to be a positive gain for the building. It is acknowledged that these are to replace two chimney stacks which are to be lost as a result of the erection of a rear extension. Whilst the removal of the current chimneys is not considered ideal, their removal and effective relocation will not affect the character of the building as one of special historic interest.
Three Georgian style sash windows will be added to the west elevation of the building. These will be of varying sizes. They are required in order for living accommodation to be included within the side elevation of the building. Whilst historically this elevation has not included any apertures, it is considered that the design and scale of the proposed windows are in character with Vulcan House and do not draw undue attention to themselves. Thus, this subtle alteration to the building is considered acceptable.
In terms of works to the main frontage of the building, it is proposed to reinstate a string course between the first and second floor of the building in its entirety. The addition of cast iron rainwater goods and a double door style opening is also proposed to the main façade of the building. These alterations will reinstate the frontage of Vulcan House nearer to its originally intended condition.
Whilst a small amount of negative alterations will occur to Vulcan House, a number of features will be added to restore the building to its original condition. These are considered to override the slight loss of historic fabric in order to accommodate the proposed uses. Thus, overall, the alterations to the Grade II Listed Vulcan House are considered to be acceptable.
Curtilage Works
It is proposed to restore the Grade II Listed garden gate to Vulcan House as well as the restoration of the associated boundary wall. The details submitted to restore these features include the removal of cement render from the flanking walls, the re-establishment of stone plinths using traditional materials and the fabrication of a new gate in cast The restoration of these features in a traditional way will maintain the security of the site whilst restoring the curtilage of Vulcan House to its original state.
It is considered that the location of refuse storage facilities is appropriate and respects the setting of the Listed Building.
As part of the proposals, a number of curtilage works are proposed in order to accommodate the proposed uses. The majority of these works involve the clearance of several outbuildings associated with the Listed Building.
The outbuildings form part of the Vulcan House foundry and form an integral part of the interpretation of early industrial processes. The buildings have been constructed in phases and contain a number of later alterations. The construction dates of the buildings range from the late 19 th Century to the early 20 th Century and include a western range, north range and a number of lean-to structures. These have been constructed largely of Victorian red brick, tin clad roofing and timber openings. Later alterations appear to contain sand/cement render.
The Architectural Assessment, which was submitted with this application, indicates that these buildings are not worthy of retention. Upon inspection, it is clear that the buildings to be demolished are in a poor and deteriorating structural condition whilst remaining architecturally malignant. Some historic significance can be attached to these buildings as they form an interpretation of this key site within Merthyr Tydfil. However, this historic significance is not considered to be sufficient to warrant their full restoration. It is appreciated that space is required within the site boundary in order to provide facilities (such as parking and services) which will in turn facilitate its redevelopment. With full recording of these buildings by means of planning condition, their loss from the historic environment of Merthyr Tydfil can be mitigated for. Previous Listed Building Consents noted in the ‘Planning History’ section of this report established the principle of the acceptability of the proposals to demolish outbuildings on the site.
Within the main courtyard area resulting from the demolition of the aforementioned outbuildings, the proposals include the resurfacing of the courtyard area in tarmacadam to provide 15 parking spaces, the creation of natural flag stone paths and a number of boundary treatments. The proposals will also incorporate the erection of a stone plinth to the sole remaining outbuilding of the site. Whilst these alterations will change the largely cluttered character of the courtyard, the physical appearance and condition of the area will be improved greatly. The proposed surface and boundary treatments are considered acceptable to the character of this Listed Building. The preservation of an interesting architectural feature will also retain an essential character to the site.
New Dwellings
The proposals contain the construction of two additional blocks to the north of Vulcan House providing a total of 6 units for living accommodation. This is comprised of one block containing four flats and another smaller unit containing two flats.
The smaller block nearest to Vulcan House is to be faced in smooth red clay brickwork and will contain vertical softwood sash windows with pre-cast concrete sills and a natural slate roofing. The design of this block relates to the redeveloped rear range to Vulcan House in terms of scale and massing. The proposed materials are considered to be appropriate.
The larger block to the north of the site is more domestic in its design and incorporates non-natural materials such as sliding sash uPVC windows, synthetic tiling and red clay brickwork. Whilst some of the proposed materials are not considered to be strictly in character with the Conservation Area, they attempt to replicate design features which are integral to the Conservation Area. This block signifies the gradual change to domestic style properties in the Conservation Area moving north from the industrial style rear range to Vulcan House.
Both blocks contain rear-facing solar panels of approximately 1.5m x 1.5m in size. These panels are not considered to impact upon the setting of a Listed Building nor will they interrupt the character of the Conservation Area.
Archaeology Requirements
Following consultation with the Council’s archaeological advisors; Glamorgan- Gwent Archaeological Trust, objections were raised with regard to the impact of these proposals on archaeological resource. Initial comments from the Trust queried the accuracy of the submitted drawings, which was subsequently resolved.
However, of greater concern was the applicant’s apparent failure to acknowledge that the historical and archaeological resource on the site is not only above ground but also beneath it. As stated in the ‘Planning Policy Context’ section of this report, the impact of development on buried archaeological resource is a material consideration in the determination of this application, as noted in Planning Policy Wales (2011). Current planning policy advises that archaeology is a finite resource and measures must be taken to ensure that total loss of archaeology is mitigated for. Given the site’s previous uses as well as its importance in interpreting early industrial processes, there is a high likelihood of archaeological resource surviving in-situ. This assertion is reinforced by the Glamorgan-Gwent Archaeological Trust’s comments.
It was therefore requested from the applicant that an archaeologist prepare a statement on the expected archaeological resource in the area as well as proposed mitigation. The submission indicated that notwithstanding the demolition of a number of outbuildings, the proposals are considered to have a major impact on a number of historical features on site, including a culvert which coveys water from a stream originating in the Grove Park off The Walk area of Merthyr Tydfil to the former Vulcan Brewery and Fish Pond to the rear and northeast of Brecon Road alongside Tabernacle Chapel. Furthermore, there are expected to be foundations of buildings which stood on the site from historic cartographic evidence.
Further to this submission, it was considered that the information presented was sufficient to determine that whilst the proposed development will have a significant impact on the buried archaeological resource, that appropriate measures can be implemented to mitigate this impact to an acceptable level. Accordingly, conditions may be added to any Listed Building Consent which may be issued in order to secure preservation by record of remaining archaeological resource. This is considered to be an appropriate treatment of archaeological resource.
Demolition of the rear range of Vulcan House
As part of the redevelopment of the site, the proposals involve the demolition of the Grade II Listed rear range to Vulcan House. This long building extends northwards along Vulcan Hill.
Committee will note that the proposals do NOT involve the demolition of the main three storey Vulcan House building.
Paragraphs 91-92 of Welsh Office Circular 61/96 “Planning and the Historic environment: Historic Buildings and Conservation Areas” indicate that proposals to demolish Listed Buildings require thorough assessment and justification. A number of sequential tests are set within the Circular. These are summarised below: a) Structural Condition
A structural report has been undertaken by the applicant as the demolition of the rear range to Vulcan House is proposed largely on structural grounds. The structural assessment was carried out by the applicants. The conclusions of this report are worded below verbatim et literatim:
“The detailed inspection revealed that the west wall was significantly out of plumb and measures should be taken immediately to reposition the Heras fence to protect the public in the event of a collapse. In the longer term it is recommended that this wall is rebuilt using existing stone from the wall.
It is not considered realistic to retain this wall because once the sand/cement render is removed it is anticipated that the wall will collapse. The east wall will collapse once the timber lintels, which are in an advanced state of decay eventually fail. It is my considered opinion that this building cannot be retained either from a health and safety view or as a stable structure”
The report therefore indicates that there are inherent faults with the structure which may pose a danger. Whilst this report has not been compiled by a conservation-structural engineer, the recommendations contained within it are considered seriously from a health and safety point of view. Furthermore, it is acknowledged that much of the building’s architectural merit has been removed as a result of unsympathetic alterations. b) Cost Appraisal
A cost appraisal was submitted as part of this application in order to determine whether the retention of the rear wing to Vulcan House was feasible in financial terms, in accordance with Paragraph 92(i) of Welsh Office Circular 61/96: Planning and the Historic Environment.
This concluded that the total scheme cost would be £1,998,091.00 if the rear wing to Vulcan House is retained. The demolition and rebuilding of the rear wing would limit the total cost of the scheme to £1,758,256.00. Thus, the additional cost of retaining the rear wing in a repairable state would have added an additional £239,837 to the cost of works.
Within the framework of the entire scheme, it is considered that £239,837 is not a significant amount of money. Demolition based on cost alone would not prove sufficient to gain consent. c) Sustainability of Existing or New Uses
Given the costs associated with the sympathetic restoration of the building, it is clear that attaining sustainable uses to the building would be difficult. The most recent use of the building was as a storage depot under public ownership. This proved to be unfeasible due to the fact that the buildings were largely unoccupied and did not account for ongoing building maintenance. Since the site was relinquished, it has remained unoccupied and vacant since the early 1990s.
Given the construction of the buildings, the most viable new use is likely to be for residential purposes. However, taking into account the above cost appraisal, it would be difficult for a private developer to acquire and restore the site without significant grant aid, thus rendering the cost implications as unsustainable. Therefore, the only viable use appears to be through a public subsidy scheme such as that now proposed.
The site has been marketed for a number of years and previous planning/Listed Building Consents have not been implemented for a number of reasons. d) Charity or Community Ownership
Under the proposals, the preservation of the buildings will be in the form of charitable ownership. Wales and West Housing Association are a charitable association under the Industrial and Provident Societies Act 1965.
A substantial part of the works will be funded through the Welsh Government’s social housing grant. e) Community Benefits of Redevelopment
Use of the site for the purpose now sought would undoubtedly be of benefit to the local community. The site has been vacant for in excess of 20 years and has been identified as a negative aspect within the Morgantown Conservation Area. The building is classified as ‘at risk’ following the Council’s condition survey, which was completed in April 2011. Therefore, there is need for an intervention.
In terms of the benefits gained from this development, the perception and quality of Morgantown will be improved by the removal of a derelict building. Some of the harm caused will be offset by the sympathetic restoration of Vulcan House. Furthermore, the development will provide social housing in an area where there is an acknowledged need. The site would contribute to the community to a far greater extent than it does currently. f) Open Sale
Evidence has been provided by the applicant that the site has been marketed for a number of years by the current owners (MTCBC). Attempts have been made to sell the building on the open market, and a sale was agreed over 5 years ago under the asking price. This sale was not successful as Welsh Government approval was not obtained at the time. The current applicants are the only interested parties in the site.
Given the unsuccessful marketing of the site and the continued deterioration of the building, it is considered that appropriate efforts have been made to secure an open sale. g) Details of Proposed Redevelopment
Information provided with this application for Listed Building Consent include full details for the proposed redevelopment of the site. The proposals, as a whole, involve the retention and refurbishment of Vulcan House as well as a chimney stack within the curtilage of the Listed Building. A number of new build flats will also be provided.
The proposed replacement to the rear wing to Vulcan House will comprise a building which is similar in scale, height and massing. Furthermore, the building design aims to replicate the key features of the rear wing. However, unlike its original use, the building is to accommodate four additional flats.
The replacement building will attach to Vulcan House and will be of 26.4m in length, 6.6m in width and 8m in height. The building will contain a natural slate pitched roof with lead flashing, cast iron rainwater goods, bargeboard soffits and one conservation rooflight within the roof pitch. The proposed roofing materials are considered to be of a standard expected within the curtilage of a Listed Building.
In terms of the elevational treatments, there will be a mixture of 17 rectangular and arched apertures to the east elevation. These reflect the ad-hoc industrial style of the former Vulcan House foundry. This elevation will be clad in a mixture of proprietry self-coloured render and revealed dressed stonework. This is considered to be an acceptable treatment. The western elevation will contain additions which were not on the site previously (7 separate apertures, all of differing sizes). These are all rectangular in form with sash bars and metal frames. The addition of apertures will add an element of security and overlooking onto Vulcan Hill and will add some interest to the street elevation. The north elevation will contain two rectangular apertures, much like the building it is intended to replace.
Without considering the demolition of the Grade II Listed rear wing, the replacement building is considered to be in character with the Morgantown Conservation Area and would respect the setting of the Grade II Listed Building. The scale, height and massing of the building would be appropriate to the area and the design and materials chosen would remain in keeping with the industrial character of the site.
CONCLUSIONS
This application for the restoration of Vulcan House contains some notable weaknesses. The submitted cost appraisal, in my officer’s view, does not offer a sufficient saving to merit the demolition of a historic building, as assessed in the cost appraisal. Furthermore, the submitted structural report, whilst recommending demolition on structural grounds, was not compiled by an engineer with stated experience in historic building conservation. This weak justification for the demolition of a Grade II Listed Building weighs against the proposal.
However, a number of factors weigh in favour of the proposal. Vulcan House and its rear range have been assessed as at grave risk within the Council’s Buildings at Risk register. These buildings require a catalogue of work in order to be put into beneficial use. Without a timely intervention, both Vulcan House and its rear range could be prone to complete structural failure in the near future. Thus, the urgent need for an intervention has been considered as material to this application.
Furthermore, it is acknowledged that Vulcan House is a locally recognisable building which is of national historic importance. The five bay Georgian façade is iconic to the town and is a local landmark. The restoration of this particular block will certainly herald substantial community benefits and will significantly improve the perception of Merthyr Tydfil as a town and Morgantown as a Conservation Area. In this respect, the rear wing is very much subservient to the main Vulcan House building as it, in effect, forms an extension to Vulcan House (though, it is separately Listed). Thus, its demolition and replacement may not be considered to be a loss to the local community. The poor condition of the building and a number of unsympathetic past alterations not only detract from the building itself, but from the Conservation Area as a whole. Its demolition will not be of a great loss architecturally, however it is a historically important building, along with other outbuildings on the site, in order to understand early industrial processes. With a detailed record of the building and an archaeological watching brief, the interpretation of how this site operated can be better understood than at present.
It is regrettable that a building of the size and status of the rear range to Vulcan House may be lost as a result of the proposals. However, in considering whether demolition is justified, the current condition of the building and the wider community benefits resulting from demolition would outweigh the loss to the historic environment. Demolition based on cost alone would not be a sufficient reason for demolition in this instance. Conversely, the community benefits in terms of social housing as well as the regeneration of a derelict site will be of great benefit to the locality. Circular 61/96 states that ‘full details’ are required for what is proposed on the site following demolition prior to the approval of Listed Building Consent. Full details have been supplied in this instance and, following a number of design amendments, it is considered that the replacement building will remain in character with the Conservation Area and will relate well in design terms to Vulcan House.
In terms of the demolition of outbuildings on site, it is considered that these buildings form an essential part of the interpretation of the site. However, should the site be utilised for residential purposes as proposed, the space occupied by the outbuildings will be required to ensure that parking provisions are met. Mitigation has been proposed by means of a period of building recording as well as an archaeological watching brief. This is considered to be an appropriate form of mitigation given that these buildings are not considered to be of national importance in their own right.
Supplemental to design and conservation issues, no concerns were raised by other statutory consultees with regard to this application.
Accordingly, the following recommendation is made:
RECOMMENDATION: BE APPROVED subject to CONDITIONS:
1. The development hereby approved shall NOT be carried out other than in accordance with the AMENDED PLANS numbered:
- 1212 01; - 1212 02; - 1212 03; - 1212 04; - 1212 05; - 1212 06; - 1212 07; - 1212 08; - 1212 09; - 1212 51; - 1212 52; - 1212 53; - 1212 54; - 1212 55; - 1212 56; - 1212 57; - 1212 58; - 1212 59; - 1212 61; - 1212 62; - 1212 63; - 1212 64; - 1212 71; - 1212 72; - 1212 73; - 1212 74; - 1212 75; - 1212 76; - 1212 77;
And the reports entitled:
- Vulcan House, Merthyr Tydfil - An architectural and archaeological analysis (August, 2008); - Heritage Statement (June 2011); - Vulcan House, Merthyr Tydfil - Drainage Strategy (6046 30.06.11 RB); - Vulcan House, Merthyr Tydfil - Structural Report (6046 June 2011); - Vulcan House, Merthyr Tydfil - Planning Statement (June 2011); - Code for Sustainable Homes Pre-Assessment Report (June 2011); - Code for Sustainable Homes Assessment for Ecology (June 2010); - Design and Access Statement (June 2011).
Reason - To ensure compliance with the approved plans and clearly define the scope of this permission.
2. BEFORE construction works commence details/samples of ALL external finishes shall be submitted to and approved in writing by the Local Planning Authority and all works undertaken shall be completed in accordance with such approved details. Such details shall take into account the following requirements:
(i) The roof finishes to Vulcan House and associated extensions shall comprise of reclaimed natural natural Welsh slate tiles of a style and finish to match existing, in accordance with the approved plans;
(ii) All rainwater goods to Vulcan House and associated extensions are to be of cast iron material or equivalent, in accordance with the approved plans;
(iii) All doors, fascias and soffits to Vulcan House and associated extensions shall be constructed of seasoned timber or oiled hardwood;
(iv) All rooflights to be installed to Vulcan House and associated extensions are to be of Conservation Rooflight style;
(v) All windows to Vulcan House shall be constructed of seasoned timber and all windows to the extension of Vulcan House shall be Crittall windows or equivalent;
(vi) All solar panels to the new dwellings must be of a slimline construction contained within a black frame.
Reason - In the interest of visual amenity.
3. BEFORE the building is utilised for the use hereby approved, details of all exterior surface finishes shall be submitted to and approved in writing by the Local Planning Authority and all works undertaken shall be completed in accordance with such approved details.
Reason - In the interest of visual amenity and to ensure the access routes respect the character of the principal Listed Building.
4. BEFORE construction works commence, details of all boundary enclosures shall be submitted to and approved in writing by the Local Planning Authority. All works undertaken shall be implemented in full in accordance with such details prior to the building being used for the use hereby approved.
Reason - To ensure that all new enclosures are of a design sympathetic to the original character of the principal listed building.
5. No dry lining or surfacing of the four main interior walls of Vulcan House shall take place until a schedule of finishes has been submitted to and approved in writing by the Local Planning Authority. Only the approved details shall be implemented thereafter.
Reason - To protect the historic fabric of the Listed Building.
6. A sample panel of the re-rendering works to be carried out to the external masonry of Vulcan House shall be carried out on a section of the external wall of the building (not to exceed 0.5m2) for the written approval of the Local Planning Authority, before any other works are carried out to the external walls of the building. Only those materials and repair techniques used in the approved sample area shall be used for the re-rendering of the external masonry of the building.
Reason - To protect the historic fabric of the Listed Building.
7. No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority.
Reason - In order that the archaeological operations are undertaken to an acceptable standard and that legitimate archaeological interest in the site is satisfied.
INFORMATIVES
1. The developer shall obtain all other necessary consents BEFORE works commence including BUILDING REGULATION approval.
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Application No. Date Determining Authority P/11/0220 10th August 2011 MTCBC
Proposed Development Location Name & Address of Applicant/Agent
Creation of access ramps, Tabor Chapel The Trustees Of Tabor provision of handrails, creation of Grawen Lane Chapel new pedestrian access with gate Cefn Coed c/o Stephen George in existing stone wall, installation Merthyr Tydfil Architects of grilles to some windows, 25 Courtland Terrace repositioning of gravestones, Merthyr Tydfil installation of internal stairlift, CF47 0DT internal alterations to form disabled toilet, alteration and repositioning of pews, alteration to raised dais and other minor alterations
APPLICATION SITE
The application relates to the Grade II Listed Tabor Independent Chapel, Cefn Coed and part of its curtilage. This elevated site is located at a corner overlooking the junction of A4054 Cefn Coed High Street and Grawen Lane, which is an access road for the A465(T) Heads of the Valleys Road.
The Chapel was rebuilt in 1904 and is a painted stucco building with a gabled façade of 3 bays in width, with a synthetic slate roof. The building frontage contains arched windows to its upper floor whilst the ground floor has cambered- headed windows flanking a large projecting central entrance lobby. The remaining elevations of the building contain standard horned sash windows. The southern elevation of the building contains a canopied side entrance through a pair of timber double-doors. The building interior (restored in 1989) contains a three-sided raked gallery supported by 6 painted cast iron columns. The pews are arranged in two aisles, panelled to match the gallery pulpit.
The curtilage of the building contains a large graveyard, only a small part of which is included as the application site.
PROPOSED DEVELOPMENT
Listed Building Consent is sought for internal alterations and curtilage works to facilitate its restoration. The works include:
1. The addition of security grilles to the north elevation;
2. The relocation of a pew to the ground floor and modification of one existing pew;
3. The installation of an internal stair lift;
4. The alteration of existing dais;
5. The addition of a disabled access ramp, including the removal of part of an existing stone wall, concrete paving, the relocation of two headstones, the addition of a painted steel handrail and addition of a steel gate.
PLANNING HISTORY
There is no planning history considered relevant in the determination of this application for Listed Building Consent.
CONSULTATION
As the proposals do not involve the substantial demolition or alteration of a Listed Building, there was no requirement to consult the amenities societies as part of this Listed Building Consent application.
PUBLICITY AND THIRD PARTY RESPONSES
Two site notices were displayed within the vicinity of the site on the 19 th August 2011 and a press notice was displayed in the local newspaper on the 25 th August 2011.
No representations were received in response to this publicity.
POLICY CONTEXT
National Policy
This is the Welsh Assembly Government’s principal planning policy.
Planning Policy Wales (Edition 4: 2011)
Chapter 6 (Conserving the Historic Environment) recognises the importance of protecting the historic environment.
Paragraph 6.5.9 states that:
“Where a development proposal affects a Listed Building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural interest which it possesses”
This development will directly affect the fabric of a Listed Building as well as its setting.
Welsh Office Circular 61/96 “Planning the Historic Environment: Listed Buildings and Conservation Areas”
Part 1 Para 11 reiterates Sections 16 and 66 of the Town and Country Planning Act 1990 in requiring Local Planning Authorities, when considering applications for works affecting listed buildings to have regard to their character and setting.
Development Plan Policies
Merthyr Tydfil Local Development Plan (2006-2021)
Policy BW6 (Townscape and Built Heritage) of the adopted Local Development Plan states that:
“The Council will protect and support the enhancement of the unique built heritage of the County Borough. Development proposals will only be permitted where it can be demonstrated they would preserve or enhance the architectural quality, character and setting of any of the following:
• Listed Buildings; • Scheduled Ancient Monuments; • Conservation Areas; • Registered Historic Parks and Gardens of Special Historic Interest; • Townscape character, and the local distinctiveness of settlements; • Other historic, archaeological and cultural features of acknowledged importance”.
Regard should therefore be given to the setting and character of the Listed Building.
PLANNING CONSIDERATIONS
Internal Alterations
The internal alterations consist of the addition of an internal stair lift and a number of alterations to facilitate this.
The stair lift, whilst being alien in character to the remainder of the building, is located in an unobtrusive area to the rear of the main vestry. The stairs which it traverses do not have a unique architectural merit. This is considered to be the most appropriate area and form of disabled access to the ground floor without adversely affecting the character of this Listed Building. In order to provide access to this stair lift, it is proposed to alter some original fittings by means of the shortening of one pew by 0.6m and the removal of one other pew and its relocation to the ground floor. This will be achieved without diminishing the unique character of the internal chapel layout in that alterations are confined to a small corner of the chapel.
External Alterations
As part of the proposals, it is proposed to add three security grilles to the ground floor of the north elevation. The grilles are to be constructed of galvanised 50mm by 10mm solid steel bars. These are within an arch-head shaped frame to match the existing windows.
An alteration of this sort would typically add an obtrusive element to a Grade II Listed Building. However, other considerations have been accounted for, namely the recent number of burglaries which the building has suffered as well as the current condition of the timber sash windows. The need to protect the refurbished windows of Tabor Chapel has also been considered.
To the north of the Chapel, a 2.1m wall fronts Cefn High Street. This allows pedestrians to only see the upper two floors of the building from the public highway. Furthermore, the ground floor windows are located partially under ground level. It is therefore concluded that this alteration would be scarcely visible unless access was purposely gained to this area of the Chapel for maintenance purposes. Accordingly, it is concluded to be acceptable in Listed Building terms. The design and proportion of the bars are appropriate for a building of this type in not obscuring key architectural features.
Curtilage Alterations
It is proposed to provide a ramped disabled access through the southern elevation of the building. This feature will be introduced my means of the removal of part of an existing stone wall, the addition of concrete paving, the relocation of two headstones and the erection of a 0.9m high gate and painted steel handrail.
The proposed ramp is required in order to access the basement entrance of the building. The building is set within a large graveyard with concrete paving surrounding the building. It is proposed to replace a set of shallow steps with a ramp which rises 350mm in total. This will result in a subtle change in level. In order to provide this, a level access is required to the public highway. Resultantly, a section of 1.2m will be removed from the existing boundary wall. The wall is less than 0.5m high in this section. Given that this alteration will be relatively minor, and the diminutive scale of the boundary wall, this alteration is considered acceptable.
The wall is to be replaced by a steel gate of a design to match that which is at the front of the building. This design is considered appropriate within the context of the Listed Building.
CONCLUSIONS
In making a recommendation for this application, consideration has been given to the special architectural interest of the building as well as the need to protect this interest. In this regard, the proposal to add grilles to the ground floor of one elevation of the building is considered acceptable, given that they may not be viewed from most public vantage points.
The remainder of the proposals will not have an impact on the special architectural interest of the building.
Accordingly, the following recommendation is made:
RECOMMENDATION: BE APPROVED subject to CONDITIONS:
1. BEFORE the refurbishment works commence details/samples of the paint to be applied to the steel grilles shall be submitted to and approved in writing by the Local Planning Authority. All works undertaken shall be completed in accordance with such approved details.
Reason - In the interest of visual amenity
2. BEFORE works commence, details of external and internal fixtures to secure the security grilles shall be submitted to and approved in writing by the Local Planning Authority. All works undertaken shall be completed in accordance with such approved details.
Reason - To protect the fabric of the listed building.
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Application No. Date Determining Authority P/11/0221 10th August 2011 MTCBC
Proposed Development Location Name & Address of Applicant/Agent
Creation of access ramps, Capel Tabor The Trustees Of Tabor provision of handrails, creation of Grawen Lane Chapel new pedestrian access with gate Cefn Coed c/o Stephen George in existing stone wall, installation Merthyr Tydfil Architects of grilles to some windows, 25 Courtland Terrace repositioning of gravestones, and Merthyr Tydfil other minor alterations CF47 0DT
APPLICATION SITE
The application relates to the Grade II Listed Tabor Independent Chapel, Cefn Coed and part of its curtilage. This elevated site is located at a corner overlooking the junction of A4054 Cefn Coed High Street and Grawen Lane, which is an access road for the A465(T) Heads of the Valleys Road.
The Chapel was rebuilt in 1904 and is a painted stucco building with a gabled façade of 3 bays in width, with a synthetic slate roof. The building frontage contains arched windows to its upper floor whilst the ground floor has cambered- headed windows flanking a large projecting central entrance lobby. The remaining elevations of the building contain standard horned sash windows. The southern elevation of the building contains a canopied side entrance through a pair of timber double-doors. The building interior (restored in 1989) contains a three-sided raked gallery supported by 6 painted cast iron columns. The pews are arranged in two aisles, panelled to match the gallery pulpit.
The curtilage of the building contains a large graveyard, only a small part of which is included as the application site.
PROPOSED DEVELOPMENT
Planning permission is sought for internal alterations and curtilage works to facilitate its restoration. The works include:
1. The addition of security grilles to the north elevation;
2. The addition of a disabled access ramp, including the removal of part of an existing stone wall, concrete paving, the relocation of two headstones, the addition of a painted steel handrail and addition of a steel gate.
PLANNING HISTORY
There is no planning history considered relevant in the determination of this application for planning permission.
CONSULTATION
The following statutory consultees were consulted during the application process, and their comments are listed below:
Engineering Manager No objection
Hyder No response
South Wales Trunk No objection Road Agency
Welsh Government No objection (Transport Directorate)
PUBLICITY AND THIRD PARTY RESPONSES
In accordance with the Town & Country Planning (General Procedure Development) Order 1995, two site notices were displayed within the vicinity of the site on the 19 th August 2011.
No representations were received in response to this publicity.
POLICY CONTEXT
National Policy
This is the Welsh Assembly Government’s principal planning policy.
Planning Policy Wales (Edition 4: 2011)
Chapter 6 (Conserving the Historic Environment) recognises the importance of protecting the historic environment.
Paragraph 6.5.9 states that:
“Where a development proposal affects a Listed Building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural interest which it possesses”
This development will directly affect the fabric of a Listed Building as well as its setting.
Welsh Office Circular 61/96 “Planning the Historic Environment: Listed Buildings and Conservation Areas”
Part 1 Para 11 reiterates Sections 16 and 66 of the Town and Country Planning Act 1990 in requiring Local Planning Authorities, when considering applications for works affecting listed buildings to have regard to their character and setting.
Development Plan Policies
Merthyr Tydfil Local Development Plan (2006-2021)
Policy BW6 (Townscape and Built Heritage) of the adopted Local Development Plan states that:
“The Council will protect and support the enhancement of the unique built heritage of the County Borough. Development proposals will only be permitted where it can be demonstrated they would preserve or enhance the architectural quality, character and setting of any of the following:
• Listed Buildings; • Scheduled Ancient Monuments; • Conservation Areas; • Registered Historic Parks and Gardens of Special Historic Interest; • Townscape character, and the local distinctiveness of settlements; • Other historic, archaeological and cultural features of acknowledged importance”.
Regard should therefore be given to the setting and character of the Listed Building.
PLANNING CONSIDERATIONS
External Alterations
As part of the proposals, it is proposed to add three security grilles to the ground floor of the north elevation. The grilles are to be constructed of galvanised 50mm by 10mm solid steel bars. These are within an arch-head shaped frame to match the existing windows.
An alteration of this sort would typically add an obtrusive element to a Grade II Listed Building. However, other considerations have been accounted for, namely the recent number of burglaries which the building has suffered as well as the current condition of the timber sash windows. The need to protect the refurbished windows of Tabor Chapel has also been considered.
To the north of the Chapel, a 2.1m wall fronts Cefn High Street. This allows pedestrians to only see the upper two floors of the building from the public highway. Furthermore, the ground floor windows are located partially under ground level. It is therefore concluded that this alteration would be scarcely visible unless access was purposely gained to this area of the Chapel for maintenance purposes. Accordingly, it is concluded to be acceptable in Listed Building terms. The design and proportion of the bars are appropriate for a building of this type in not obscuring key architectural features.
Curtilage Alterations
It is proposed to provide a ramped disabled access through the southern elevation of the building. This feature will be introduced my means of the removal of part of an existing stone wall, the addition of concrete paving, the relocation of two headstones and the erection of a 0.9m high gate and painted steel handrail.
The proposed ramp is required in order to access the basement entrance of the building. The building is set within a large graveyard with concrete paving surrounding the building. It is proposed to replace a set of shallow steps with a ramp which rises 350mm in total. This will result in a subtle change in level. In order to provide this, a level access is required to the public highway. Resultantly, a section of 1.2m will be removed from the existing boundary wall. The wall is less than 0.5m high in this section. Given that this alteration will be relatively minor, and the diminutive scale of the boundary wall, this alteration is considered acceptable.
The wall is to be replaced by a steel gate of a design to match that which is at the front of the building. This design is considered appropriate within the context of the Listed Building.
Engineering Considerations
The Engineering Manager did not raise any issues with regard to the disabled access. Furthermore, the Welsh Government did not object to the proposals being located adjacent to a trunk road. Accordingly, the proposals are acceptable in engineering terms.
CONCLUSIONS
In making a recommendation for this application, consideration has been given to the special architectural interest of the building as well as the need to protect this interest. In this regard, the proposal to add grilles to the ground floor of one elevation of the building is considered acceptable, given that they may not be viewed from most public vantage points.
The remainder of the proposals will not have an impact on the special architectural interest of the building.
Accordingly, the following recommendation is made:
RECOMMENDATION: BE APPROVED subject to CONDITIONS:
1. BEFORE the refurbishment works commence details/samples of the paint to be applied to the steel grilles shall be submitted to and approved in writing by the Local Planning Authority. All works undertaken shall be completed in accordance with such approved details.
Reason - In the interest of visual amenity
2. BEFORE works commence, details of external and internal fixtures to secure the security grilles shall be submitted to and approved in writing by the Local Planning Authority. All works undertaken shall be completed in accordance with such approved details.
Reason - To protect the fabric of the listed building.
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Application No. Date Determining Authority P/11/0242 1st September 2011 MTCBC
Proposed Development Location Name & Address of Applicant/Agent
Change of use from A1 use class Former Co-op Mr G Davies (Retail) to A3 use class 25 Blanche Street c/o Building Design (Restaurant) (17-19 High Street) Services Caeharris F.a.o. Mr D I Jones Dowlais 8 Birchgrove Merthyr Tydfil New Tredegar CF48 3PE Gwent
APPLICATION SITE
The application relates to a vacant building which was formerly used for retail purposes use with associated living accommodation and which occupies a prominent corner location. It is situated in a mixed use area which comprises of retail (A1 use) and hot food establishments (A3 use) and residential uses. The site is bounded by the highway known as Blanche Street to the south-west, and Dowlais High Street (A4102) to the south-east. A residential dwelling stands to the north-west and a Chapel to the north-east.
Access to the main entrance of the building can be achieved via a small set of steps directly off High Street or via a sloping concrete forecourt off Blanche Street. This forecourt could also provide parking for 1 vehicle.
PROPOSED DEVELOPMENT
Full planning consent is sought to change the retail element of the building (A1 Use Class) to a restaurant (A3 Use Class). No external alterations to the building or site are proposed. The residential element of the building will remain as ancillary living accommodation.
PLANNING HISTORY
There is no relevant planning history which needs to be taken into consideration when determining this planning application.
CONSULTATION
The following bodies were consulted and their responses are presented below:
Engineering Manager No objection
Public Protection Manager No objection subject to conditions
Dwr Cymru Welsh Water No objection subject to condition
PUBLICITY
In accordance with the Town & Country Planning (General Development Procedure) Order 1995, letters were sent to the adjoining properties and a site notice was displayed within the vicinity of the site.
Two letters of objection were received following this publicity exercise.
One letter was from the manager of a restaurant which is situated opposite the application site. This objector is concerned that the approval of this planning application would adversely impact on their business (however no further details of particular impacts have been provided). In addition, they have highlighted that they experience problems in relation to parking and that the area and residential street is congested.
The second letter of objection was received from the adjoining Hebron Chapel. This objection is also in relation to parking. This letter notes that there are already a number of eating establishments in the immediate vicinity of the application site, which already result in traffic congestion and parking problems. It is asserted that this change of use would put further pressure on existing parking facilities and would inconvenience local residents. This objector has also highlighted that the public car park to the rear of the Antelope Public House is fully used although people are wary of using it due to vandalism.
POLICY CONTEXT
Policies BW7 and TB11 of the Merthyr Tydfil Borough Local Development Plan 2006-2021 are relevant to the determination of this application.
PLANNING CONSIDERATIONS
Given that the application site is located in a mixed use area in which there are similar uses present, it is not considered that the change of use of the building to a restaurant would be out of place within the area. Moreover, as no external alterations are proposed as part of this application, it is not considered that the scheme would adversely impact on the character or visual amenities of the host building or indeed the area in general.
In addition, it is considered that the proposed change of use would potentially have a positive impact on the appearance and vitality of the area in general, as it would bring back into use a building which occupies a prominent corner location but which is currently vacant.
Regard has also been had for the impact of the proposed change of use on the amenities of the surrounding occupants. In this respect it is acknowledged that a restaurant may generate more noise and smells than a retail use, and would potentially operate later into the evenings. With regard to opening hours, it is noted that the application site is located on the corner of a residential street and thus the introduction of a restaurant or alternative A3 use could generate late night noise and disturbance to local residents. However, the Public Protection Manager has not raised any concerns in this respect and it is noted that a Licence would need to be sought if the premise was to sell alcohol or open past 11pm. It is also noted that the Public Protection Manager has not raised any objections to the proposed change of use in terms of noise, odour or other matters. It is therefore not considered that the impact of the proposal in this respect would be substantial enough to warrant the refusal of the application on such grounds. It is noted that the Public Protection Manager has requested the inclusion of conditions to any consent granted which relate to the noise and design of an extraction flue. However, this application does not include an extraction flue and thus any such development would require a separate planning application. The Public Health Division would then be consulted on any such application and their subsequent comments can then be taken into consideration.
As detailed above, one letter of objection was received in relation to this planning application from the manager of a restaurant in the area. This objector was opposed to the development as it would adversely impact on their business but did not specify how or provide any further details in this respect. It is acknowledged that the change of use to an A3 use would allow the premises to be used as a restaurant which may provide some competition to other similar businesses in the area. However, issues relating to increased competition are not a material planning consideration. Moreover, as noted previously, the proposed change of use would bring a vacant property back into use and thus could benefit the vitality and appearance of the area.
The two objection letters also highlighted parking issues within the area and noted that the residential street and area in general experience parking pressures and congestion. One of these objectors has also stated that the nearby public car park is fully used and that people are wary to use it due to the potential for vandalism. In this respect, it is acknowledged that the application site does not benefit from on-site parking (with the exception of the forecourt which could accommodate a single vehicle). However, it is not considered that the use of the building as a restaurant would generate significantly more demand for parking than the existing retail use. Furthermore, it is noted that the application site is well served by the local bus service and is located within a short distance of a public car park located to the rear of The Antelope Public House. Whilst this car park may be well used and subject to anti-social behaviour, on balance it is not considered justifiable to refuse the application on parking grounds.
Accordingly, it is considered that the parking requirements of the restaurant from both employees and patrons could be adequately met within the surrounding infrastructure. In this respect it is noted that no objections were received from the Engineering Division.
Access to the main entrance of the building is currently achieved via steps off the High Street or a sloping forecourt off Blanche Street. This application does not seek to alter these existing access arrangements. It is acknowledged that the forecourt is not purpose built to act as a ramped access to the building, and thus with its varying gradient would not be the most preferable non-stepped access. However, it is considered that the forecourt would allow wheelchair users, pushchairs and others access to the main entrance. Furthermore, it is noted that the building currently benefits from an A1 use which would necessitate access by members of the public and employees. Accordingly, it could be used for this purpose with the current access arrangements.
Accordingly the following recommendation is made:
RECOMMENDATION: BE APPROVED subject to the following CONDITION :
1. The developer shall provide a suitable grease trap to prevent entry into the public sewerage system of matter likely to interfere with the free flow of the sewer contents, or which would prejudicially affect the treatment and disposal of such contents.
Reason - To protect the integrity of the public sewerage system, and sustain and essential and effective service to existing residents.
INFORMATIVES
1. The change of use is granted in principle only. Any physical alterations including the erection of an extraction flue or signage may require further consents as appropriate.
2. If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water’s Developer Services on 0800 917 2652.
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Application No. Date Determining Authority P/11/0275 11th October 2011 MTCBC
Proposed Development Location Name & Address of Applicant/Agent
Erection of free standing Former Gurnos House Merthyr Tydfil County hoarding sign Care Home Borough Council Gurnos Road c/o Merthyr Tydfil County Gurnos Borough Council Merthyr Tydfil F.a.o. Mr A Roberts CF47 9PT Ty Keir Hardie Riverside Court Avenue De Clichy
APPLICATION SITE
This application relates to an irregular shaped area of land of approximately 0.71 hectare. The site measures 140m wide and up to 66m deep with a 180m wide curved frontage onto the adjoining highways (Gurnos Road and Poplar Way) to the south of the site. The site is generally characterised as an area of vacant land, which has recently been cleared of any structures, including the former care home and Sunday school in preparation of its re-development for a new care home.
Whilst the majority of the former care home site is reasonably flat, it is elevated above the adjoining highway to the south and the land to the east with a steep grass embankment sloping downwards from north to south and from west to east respectively.
The application site is bounded to the north-west by adjoining residential properties (Almond Grove and Spruce Tree Grove) comprising two storey terraces. To the north-east is a Community Centre with associated enclosed all- weather football court. From the south-west across to the south-east, the site is bounded by Gurnos Road and Poplar Place respectively with a roundabout located immediately south of the site. Beyond these main highways are nearby residential properties comprising terraces and semi-detached dwellings.
PROPOSED DEVELOPMENT
Advertisement consent is sought for the retention of a freestanding hoarding sign, which advertises the forthcoming commencement of the recently approved care home development at the site.
The sign is located adjacent to the southern boundary of the application site, fronting onto Gurnos Road and will measure 3m wide by 2m high. The sign will be attached to two supporting timber posts 1.1m above ground level, with an overall height of 3.1m.
The sign will of a foamboard pvc construction attached to a 25mm plywood hoarding.
PLANNING HISTORY
P/11/0169 Erection of sprinkler tank and pumps with associated enclosure.
Granted CONSENT on 21.09.2011
P/11/0053 Erection of care home comprising 32 bedrooms with associated communal facilities and landscaping.
Granted CONSENT on 06.04.2011
P/10/0309 Demolition of Gurnos House (Care Home).
Prior approval NOT required on 15.11.2010
CONSULTATION
Engineering Manager - No response
Welsh Water - No response
PUBLICITY
In accordance with the Town & Country Planning (General Development Procedure) Order 1995, a site notice was displayed within the vicinity of the application site.
No representations were received following the above publicity exercise at the time of writing this report.
Committee will note that at the time of writing this report, the publicity and consultation period had not expired and representations may still be received up until the 10 th November 2011. Whilst it is not anticipated that objections will be received (given the minor nature of this proposal), any objections received will be verbally announced at Committee.
POLICY CONTEXT
There are no specific policies contained within the adopted Merthyr Tydfil Local Development Plan 2006-2021 pertaining to this type of application. Therefore, the application shall be determined on its own merits.
PLANNING CONSIDERATIONS
The free standing hoarding sign has been erected at the southern part of the application site and its purpose is to inform the local residents and general public of the forthcoming commencement of works for a new residential care home. The sign (as erected) is intended to be of a temporary nature and the application form indicates that the sign will remain in place until the 12 th December 2012.
When taking into account the temporary nature of the sign, it is considered it is of an acceptable size and design that will not have an adverse impact on the character or visual amenity of the surrounding area. However, when the care home development has been completed the sign should be removed as it could then have a negative impact on the street frontage. As such, should consent be granted an appropriately worded condition will be imposed to ensure that the sign is removed once it is no longer required.
The hoarding sign is a sufficient distance away from neighbouring properties to not adversely impinge on the amenities of neighbouring occupiers, given its separation distance of at least 30m away from any residential property.
It is considered that the hoarding sign is suitably located to not impinge on the free flow of pedestrian or vehicular traffic along the main highway and will not give rise to an adverse impact on highway safety. In this regard it is noted that the sign is not illuminated and will not result in adverse glare or distraction to drivers.
The retention of the hoarding sign is deemed to be acceptable in planning terms. Accordingly the following recommendation is made:
RECOMMENDATION: ADVERTISEMENT CONSENT BE GRANTED subject to CONDITION:
1. The hoarding sign hereby approved shall be removed within a period of 2 years from the date of this consent or within 1 month from the completion of the care home development proposed for the site, whichever is the earliest.
Reason - In the interest of visual amenity.
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Application No. Date Determining Authority P/11/0276 11th October 2011 MTCBC
Proposed Development Location Name & Address of Applicant/Agent
Erection of free standing Former Bargoed House Merthyr Tydfil County hoarding sign Care Home Borough Council Williams Terrace c/o Merthyr Tydfil County Treharris Borough Council F.a.o. Mr A Roberts Ty Keir Hardie Riverside Court Avenue De Clichy
APPLICATION SITE
This application relates to an irregular shaped area of land of approximately 0.68 hectare. The site measures approximately 110m wide by 90m deep with a 140m curved frontage onto Cardiff Road (to the south) and 25m open frontage onto the Williams Terrace (to the east). The former Bargoed House and the former Health Centre have both been demolished and the site cleared in preparation for its development for a new Care Home.
Whilst the site slopes downwards steeply from the north to the south, there is a large plateau area at the centre of the site where Bargoed House and the existing parking area was previously located. The plateau is elevated above the adjoining highway (Cardiff Road) to the south and below the highway to the north (Oakland Terrace), both separated by sloping grass embankments.
The application site is bounded to the west by St Matthias Church and residential properties forming part of Bargoed Close. To the north is Oakland Terrace with a row of terraced properties on the opposite side of the highway fronting onto the application site. To the east is Williams Terrace with terraced dwellings on the opposite side of the highway orientated towards the development. The site is also adjoined to the east by the Masonic Hall and a number of commercial properties. To the south is Cardiff Road and a bus turning area with terraced properties on the opposite side of the road fronting onto the site.
The properties located to the south and east of the site, which largely consist of traditional terraced properties, form part of the Treharris Conservation Area. Whilst the application site does not fall within the Conservation Area it adjoins its boundary along Williams Terrace and Cardiff Road.
PROPOSED DEVELOPMENT
Advertisement consent is sought for the retention of a freestanding hoarding sign, which advertises the forthcoming commencement of the recently approved care home development at the site.
The sign is located adjacent to the south-east boundary of the application site, fronting onto Cardiff Road and the nearby bus turning area, and will measure 3m wide by 2m high. The sign will be attached to two supporting timber posts 1.1m above ground level, with an overall height of 3.1m.
The sign will of a foamboard pvc construction attached to a 25mm plywood hoarding.
PLANNING HISTORY
P/11/0168 Erection of sprinkler tank and pumps with associated enclosure.
Granted CONSENT on 21.09.2011
P/11/0052 Erection of care home comprising 32 bedrooms with associated communal facilities and landscaping.
Granted CONSENT on 06.04.2011
P/10/0309 Demolition of Bargoed House (Care Home).
Prior approval NOT required on 15.11.2010
CONSULTATION
Engineering Manager No response
Welsh Water No response
PUBLICITY
In accordance with the Town & Country Planning (General Development Procedure) Order 1995, a site notice was displayed within the vicinity of the application site.
No representations were received following the above publicity exercise at the time of writing this report.
Committee will note that at the time of writing this report, the publicity and consultation period had not expired and representations may still be received up until the 10 th November 2011. Whilst it is not anticipated that objections will be received (given the minor nature of this proposal), any objections received will be verbally announced at Committee.
POLICY CONTEXT
There are no specific policies contained within the adopted Merthyr Tydfil Local Development Plan 2006-2021 pertaining to this type of application. Therefore, the application shall be determined on its own merits.
PLANNING CONSIDERATIONS
The free standing hoarding sign has been erected at the south-east part of the application site. Its purpose is to inform the local residents and general public of the forthcoming commencement of works for a new residential care home. The sign (as erected) is intended to be of a temporary nature and the application form indicates that the sign will remain in place until the 1 st December 2012.
When taking into account the temporary nature of the sign, it is considered it is of an acceptable size and design that will not have an adverse impact on the character or visual amenity of the surrounding area. However, when the care home development has been completed the sign should be removed as it could then have a negative impact on the street frontage which forms part of the Treharris Conservation Area. As such, should consent be granted an appropriately worded condition will be imposed to ensure that the sign is removed once it is no longer required.
The hoarding sign is of a sufficient distance away from neighbouring properties to not adversely impinge on the amenities of neighbouring occupiers, given its separation distance of at least 32m away from any residential property along Cardiff Road and 15m away from the rear of properties along Walters Terrace.
It is considered that the hoarding sign is suitably located to not impinge on the free flow of pedestrian or vehicular traffic along the main highway and will not give rise to an adverse impact on highway safety. In this regard it is noted that the sign is not illuminated and will not result in adverse glare or distraction to drivers.
The retention of the hoarding sign is deemed to be acceptable in planning terms. Accordingly the following recommendation is made:
RECOMMENDATION: ADVERTISEMENT CONSENT BE GRANTED subject to CONDITION:
1. The hoarding sign hereby approved shall be removed within a period of 2 years from the date of this consent or within 1 month from the completion of the care home development proposed for the site, whichever is the earliest.
Reason - In the interest of visual amenity.
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Application No. Date Determining Authority P/11/0280 19th October 2011 MTCBC
Proposed Development Location Name & Address of Applicant/Agent
Erection of Tourist Interpretation Land Adjacent To Merthyr Tydfil County Panel Trevithick Trail, North Borough Council East Of Miss L Handley 103 Trevethick Street Unit 5 Penydarren Triangle Business Park Merthyr Tydfil Pentrebach
APPLICATION SITE
The application relates to a parcel of highway verge, and located between a footpath and vehicular roundabout which is to the north-east of 103 Trevithick Street. The site gently slopes downwards from the north to the south-west.
PROPOSED DEVELOPMENT
Advertisement consent is sought for the erection of a tourist interpretation panel. The interpretation panel will be supported by two stainless steel posts, each 80mm in width by 80mm in depth. The actual information panel will measure 841mm wide by 594mm deep and will have a black stainless steel frame. The combined maximum height of the posts and information panel will be 1.095m.
PLANNING HISTORY
There is no relevant planning history which needs to be taken into consideration when determining this planning application.
CONSULTATION
The following bodies were consulted and their responses are presented below:
Engineering Manager No objection
Town Planning Division’s No objection Countryside Officer
Dwr Cymru Welsh Water No objection
PUBLICITY
In accordance with the Town & Country Planning (General Development Procedure) Order 1995, two site notices were displayed within the vicinity of the site.
At the time of writing this report no representations have been received. However, the time period for representations to be submitted had not expired at the time of writing this report. Accordingly, any representations received after the writing of this report will be verbally presented to the Committee.
POLICY CONTEXT
There are no policies within the Council’s adopted Local Development Plan pertaining to this type of development. The application shall therefore be determined on its individual planning merits.
PLANNING CONSIDERATIONS
The proposed tourist interpretation panel is considered to be acceptable in planning terms. It is noted that tourist information panels such as these are features that are often visible along routes such as the Trevithick Trail, and it is therefore not considered that it would have a detrimental impact on the character of the area or that it would adversely impact on visual amenity. Moreover, by virtue of its location some distance from the nearest dwelling, it is not considered that the proposed tourist interpretation panel would have an impact on any of the surrounding residents. In this respect it is noted that to date no objections have been received following the publicity exercise. Finally, it is acknowledged that the sign would be located in close proximity to a highway but given that the Engineering Manager has not objected to the proposed sign, it is not considered that the proposal would impinge upon highway or pedestrian safety.
Accordingly the following recommendation is made:
RECOMMENDATION: BE GRANTED ADVERTISMENT APPROVAL subject to the following CONDITION :
1. BEFORE construction works commence details/samples of the colour of the proposed sign shall be submitted to and approved in writing by the Local Planning Authority and all works undertaken shall be completed in accordance with such approved details.
Reason - In the interest of visual amenity.
INFORMATIVES
1. The applicant is advised to locate drainage and utilities systems prior to any works commencing.
2. The applicant is advised to check that the land to which this application relates is in the ownership of Merthyr Tydfil County Borough Council or the relevant landowners permission has been granted.
3. The applicant / developer is strongly advised to liaise with Hyder Consulting Ltd (Network Development Consultants - Southern, Tel 01443 331155) in relation to any connections to the public sewer and/or to any works which affect the line of or are in close proximity to existing public sewers and/or water mains.
4. The developer is advised that the proposed development site is crossed by a public sewer. No development (including the raising or lowering of ground levels) will be permitted within the safety zone which is measured either side of the centre line. For details of the safety zone please contact Developer Services on 0800 917 2652.
5. The developer is advised that they must contact Dwr Cymru Welsh Water if a sewer connection is required under Section 106 of the Water Industry Act 1991 or any alteration to their apparatus is proposed prior to any development being undertaken.
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Application No. Date Determining Authority P/11/0281 19th October 2011 MTCBC
Proposed Development Location Name & Address of Applicant/Agent
Erection of Tourist Interpretation Land Adjacent To Merthyr Tydfil County Panel Trevithick Trail, Opposite Borough Council Nos. Miss L Handley 16 & 17 Lower Mount Unit 5 Pleasant Triangle Business Park Troedyrhiw Pentrebach Merthyr Tydfil
APPLICATION SITE
The application relates to a parcel of vegetated land located opposite numbers 16 and 17 Lower Mount Pleasant. The area of land to which this application relates is relatively flat in profile.
PROPOSED DEVELOPMENT
Advertisement consent is sought for the erection of a tourist interpretation panel. The interpretation panel will be supported by two stainless steel posts, each 80mm in width by 80mm in depth. The actual information panel will measure 841mm wide by 594mm deep and will have a black stainless steel frame. The combined maximum height of the posts and information panel will be 1.095m.
PLANNING HISTORY
There is no relevant planning history which needs to be taken into consideration when determining this planning application.
CONSULTATION
The following bodies were consulted and their responses are presented below:
Engineering Manager No objection
Town Planning Division’s No objection Countryside Officer
Dwr Cymru Welsh Water No response
PUBLICITY
In accordance with the Town & Country Planning (General Development Procedure) Order 1995, two site notices were displayed within the vicinity of the site.
At the time of writing this report no representations have been received. However, the time period for representations to be submitted had not expired at the time of writing this report. Accordingly, any representations received after the writing of this report will be verbally presented to the Committee.
POLICY CONTEXT
There are no policies within the Council’s adopted Local Development Plan pertaining to this type of development. The application shall therefore be determined on its individual planning merits.
PLANNING CONSIDERATIONS
The proposed tourist interpretation panel is considered to be acceptable in planning terms. It is noted that tourist information panels such as these are features that are often visible along routes such as the Trevithick Trail, and it is therefore not considered that it would have a detrimental impact on the character of the area or that it would adversely impact on visual amenity. Moreover, by virtue of its location some distance from the nearest dwelling, it is not considered that the proposed tourist interpretation panel would have an impact on any of the surrounding residents. In this respect it is noted that to date no objections have been received following the publicity exercise. Finally, given that the Engineering Manager has not objected to the proposed sign, it is not considered that the proposal would impinge upon highway or pedestrian safety.
Accordingly the following recommendation is made:
RECOMMENDATION: BE GRANTED ADVERTISMENT APPROVAL subject to the following CONDITION :
1. BEFORE construction works commence details/samples of the colour of the proposed sign shall be submitted to and approved in writing by the Local Planning Authority and all works undertaken shall be completed in accordance with such approved details.
Reason - In the interest of visual amenity.
INFORMATIVES
1. The applicant is advised to locate drainage and utilities systems prior to any works commencing.
2. The applicant is advised to check that the land to which this application relates is in the ownership of Merthyr Tydfil County Borough Council or the relevant landowners permission has been granted.
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Application No. Date Determining Authority P/11/0287 21st October 2011 MTCBC
Proposed Development Location Name & Address of Applicant/Agent
Erection of interpretation panel Parcel Of Land In Taff Merthyr Tydfil County Bargoed Park , Adjacent Borough Council To Treharris Entrance F.a.o. Mrs Z Priddy Located To North East Of Unit 5 Treharris Boys & Girls Triangle Business Park Club (Forest Road, Pentrebach Treharris) Treharris
APPLICATION SITE
The application relates to a parcel of land located adjacent to the Treharris entrance to Taff Bargoed Park, is situated to the north-east of the Treharris Boys and Girls Club and north of the Treharris Medical Centre. The profile of this parcel of land is relatively flat.
PROPOSED DEVELOPMENT
Advertisement consent is sought for the erection of an interpretation panel. This would be positioned alongside a footpath leading to an entrance into the Taff Bargoed Park.
The interpretation panel would be erected on an aluminium and stainless steel frame consisting of two posts. The information panel itself would be 0.841m by 0.594m and would be positioned with its base at a height of 1.18m. The advertisement in its entirety would have a maximum height of 2.05m, a maximum width of 1.2 and a maximum depth of 0.13m.
PLANNING HISTORY
There is no relevant planning history which needs to be taken into consideration when determining this planning application.
CONSULTATION
The following bodies were consulted and their responses are presented below:
Engineering Manager No objection
Dwr Cymru Welsh Water No response
PUBLICITY
In accordance with the Town & Country Planning (General Development Procedure) Order 1995, a site notice was displayed within the vicinity of the site.
At the time of writing this report no representations have been received. However, the time period for representations to be submitted had not expired at the time of writing this report. Accordingly, any representations received after the writing of this report will be verbally presented to the Committee.
POLICY CONTEXT
There are no policies within the Council’s adopted Local Development Plan pertaining to this type of development. The application shall therefore be determined on its individual planning merits.
PLANNING CONSIDERATIONS
The proposed interpretation panel is considered to be acceptable in planning terms. It is noted that information panels such as these are features that are often visible within parks such as Taff Bargoed Park, and it is therefore not considered that it would have a detrimental impact on the character of the area or that it would adversely impact on visual amenity. Moreover, by virtue of its location some distance from the nearest dwelling, it is not considered that the proposed interpretation panel would adversley impact on any of the surrounding residents. In this respect it is noted that to date no objections have been received following the publicity exercise. Finally, whilst it is acknowledged that the advertisement would be located in close proximity to the vehicular highway, given that the Engineering Manager has not objected to the proposed sign, it is not considered that the proposal would impinge upon highway or pedestrian safety.
Accordingly the following recommendation is made:
RECOMMENDATION: BE GRANTED ADVERTISMENT APPROVAL subject to the following CONDITION :
1. BEFORE construction works commence details/samples of the colour of the proposed sign shall be submitted to and approved in writing by the Local Planning Authority and all works undertaken shall be completed in accordance with such approved details.
Reason - In the interest of visual amenity.
INFORMATIVES
1. The applicant is advised to locate drainage and utilities systems prior to any works commencing.
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2. PROPOSED ARTICLE 4(2) DIRECTION – PONTMORLAIS TOWNSCAPE HERITAGE INITIATIVE
PURPOSE OF REPORT:
To request Committee’s confirmation of a permanent Article 4(2) Direction withdrawing permitted development rights on selected properties within Pontmorlais, Merthyr Tydfil Town Centre Conservation Area;
1.0 INTRODUCTION
1.1 On the 1 st June 2011, this Committee had agreed to declare an Article 4(2) Direction on selected properties in Pontmorlais for a temporary period of up to 6 months. This temporary Article 4(2) Direction was advertised and declared on the 11 th August 2011.
1.2 Committee also agreed to hold a period of public consultation for 28 days on the permanent imposition of an Article 4(2) Direction. This period has expired.
1.3 A copy of the Committee report of the 1 st June 2010 is reproduced at Appendix D for ease of reference.
1.4 This report considers the findings of the above mentioned public consultation period and provides a recommendation for the permanent imposition of an Article 4(2) Direction.
2.0 CONSULTATION
2.1 Representations on the Article 4(2) Direction were invited between the 11 th August 2011 and the 8 th September 2011. Notice of making the Article 4(2) Direction was given by way of individual letters to properties within the Article 4(2) Area on the 4 th August 2011, a press advertisement in the Merthyr Express on the 11 th August 2011 and information being published on the Council’s website. Letters were also sent to known property and landowners who reside outside of the Article 4(2) Area on the 4 th August 2011. A presentation and explanation of the Article 4(2) Direction was made to the THI community group at Zoar Chapel on the 14 th July 2011.
2.2 The publicity measures for the Article 4(2) Direction was above and beyond the requirements set out in Article 6 of the Town and Country Planning (General Permitted Development) Order 1995 (“GDPO”) for advertising Article 4(2) Directions.
2.3 No representations were received from individuals nor organisations during the consultation period.
3.0 CONCLUSION
3.1 Having considered the purpose of the initial report and given that no objections or representations were received during the consultation period, it is concluded that the making of a permanent Article 4(2) Direction should be confirmed by Committee.
4.0 RECOMMENDATION THAT:
4.1 Committee confirms a permanent Article 4(2) Direction withdrawing permitted development rights on selected properties within Pontmorlais, Merthyr Tydfil Town Centre Conservation Area. A list of the affected properties is contained within Appendix A of this report. A plan is also appended to this report outlining the Article 4(2) Area in Appendix B. The Permitted Development rights to be withdrawn are listed in Appendix C to this report.
APPENDIX A
SCHEDULE OF PROPERTIES CONTAINED WITHIN PONTMORLAIS THI ARTICLE 4(2) AREA
Bolgoed Place: Nos 1-4 Bowens Court: Nos 3-4 Ethan Arcade: Nos 1-4 Gwalia Place: Nos 1-3 High Street (Pontmorlais): Nos 1-12b, Nos 14-22, Nos 28-50, Nos 56-57, Nos 71-75a, Nos 80-98a, Imperial Hotel, Eglwys Soar, Market Hall, The Vulcan Inn, 1-6 Morlais Buildings, ‘The Former Employment Exchange’ High Street: Hope Chapel, Old Town Hall, Merthyr Tydfil Library, St Davids’ Chuch. Old Mill Lane: The Old Mill Park Place: Theatre Royal, Masonic Temple Pontmorlais West: ‘The Former YMCA Building’, ‘Standard Upholstery’ Roberts Lane: Nos 1-7 Tramroad Side North: Nos 3-4
APPENDIX B
APPENDIX C
SCHEDULE OF PERMITTED DEVELOPMENT RIGHTS TO BE REMOVED AS A RESULT OF THE ARTICLE 4(2) DIRECTION
Part 1 of Schedule 2 of the Order
Class A: The enlargement, improvement or other alteration of a dwellinghouse which shall mean for purposes of this Order any improvement or alteration that would front any highway, waterway or open space, including change of materials and form of external walls, doors, windows, window frames, rainwater goods and other external items.
Class C: Any other alteration to the roof of a dwellinghouse, including chimneys, which shall mean for the purposes of this Order any alteration that would front any highway, waterway or open space.
Part 2 of Schedule 2 of the Order
Class A: The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure which for the purposes of the order would front any highway, waterway or open space.
Class B: The formation, laying out and construction of a means of access to a highway which is not a trunk road or a classified road, where that access is required in connection with development permitted by any Class in Schedule 2.
Class C: The painting of the exterior of any building or work, where it would front any highway, waterway or open space.
Part 31 of Schedule 2 of the Order
Class B: Any building operation consisting of the demolition of the whole or any part of any gate, fence, wall or other means of enclosure where the demolition would front any highway, waterway or open space.
APPENDIX D
PROPOSED ARTICLE 4(2) DIRECTION
PONTMORLAIS TOWNSCAPE HERITAGE INITIATIVE
PURPOSE OF REPORT:
To request Committee’s endorsement of a) An Article 4(2) Direction withdrawing permitted development rights on selected properties within Pontmorlais, Merthyr Tydfil Town Centre Conservation Area for a period of 6 months. A list of the affected properties is contained within Appendix A of this report; b) A public consultation period of 28 days during the above said 6 month period on the permanent imposition of the Article 4(2) direction.
2.0 INTRODUCTION
1.1 The Merthyr Tydfil Built Heritage Strategy & Action Plan was endorsed by full Council on the 10 th December 2008. The document provides the basis for a number of key built heritage, conservation and regeneration projects within Merthyr Tydfil County Borough and provides a clearly focused and targeted action plan.
1.2 One of the key outcomes of the Strategy is to prepare a stage 1 application to the Heritage Lottery Fund (HLF) for a Townscape Heritage Initiative (THI) programme, allowing access to grant funding to make improvements to Pontmorlais. On the 23 rd June 2010, Council were informed that this application had been successful, and that Council are in a position to progress with a stage 2 THI application. A successful stage 2 application will allow the Council access to approximately £1.58m in grant aid to make improvements to Pontmorlais. The Council must meet a number of criteria in order to access the stage 2 monies.
1.3 A key criterion of the grant offer is for the Council to impose a Direction under Article 4 of the Town and Country Planning (General Permitted Development) Order 1995 (“GDPO”) on the area subject to the THI (outline shown in appendix B to this report). The effect of this Direction is to remove certain ‘permitted’ development rights from property owners/occupiers. The Direction may require the owners/occupiers to apply for planning permission to undertake these works that would otherwise be considered as permitted development.
1.4 This report requests Committee’s endorsement for the proposal of an Article 4(2) Direction, and explains its merits and procedures.
2.0 ARTICLE 4 DIRECTIONS
2.1 Buildings within Conservation Areas are particularly susceptible to harm caused by a succession of small changes – things that might in other circumstances be of no consequence. For instance, the alteration of characteristic boundary walls on certain properties or the installation of modern windows could incrementally erode the character of an area. Such alterations are normally granted planning permission automatically (referred to as “Permitted Development”) by the GDPO. This can have unfortunate consequences where the buildings and their surroundings are vulnerable to the type of development concerned.
2.2 A Local Planning Authority may therefore wish to restrict the right of landowners to carry out certain categories of development which would otherwise be permitted development. This can be achieved by the making of an ‘Article 4 Direction’. A Direction can be made covering one or more properties, and can restrict or remove one or more categories (classes) of Permitted Development.
2.3 The effect of an Article 4 Direction being made on a property is thus not that the development restricted in that category may not be carried out, but that it is no longer permitted development by virtue of the GDPO. The development must instead be the subject of a specific planning application, albeit that such an application would not be subject of a fee.
3.0 PONTMORLAIS TOWNSCAPE HERITAGE INITIATIVE ARTICLE 4 DIRECTION
3.1 As explained in the introduction to this report, an Article 4 Direction is required as part of a number of conditions to secure a grant of £1.58m from the Heritage Lottery Fund to improve the condition and conservation value of Pontmorlais. Fundamentally, the Direction is required to prevent further erosion of the historic quality of Pontmorlais.
3.2 The proposed Article 4 Direction is intended to restrict development (to a building or land) which fronts a publically accessible highway, a waterway or open space within Pontmorlais THI. This is defined as an Article 4(2) Direction. Any part of a building which does not front such locations is not proposed to be covered by this Direction.
3.3 The classes of development which are to be restricted by this proposed Article 4 Direction are listed in Appendix C.
3.4 The above order will affect the properties listed in Appendix A to this report. For certainty in identifying the relevant properties, a plan is also appended to this report outlining the Article 4 Area in appendix B.
4.0 PROCESS
4.1 In order for an Article 4(2) Direction to be confirmed, the Local Planning Authority must follow a specified process. Firstly, the intention to make an Article 4(2) Direction must be publicised. In accordance with the relevant legislation, a public notice will be published within the Merthyr Express. This will contain information on all properties covered by the Article 4(2) Direction, and contain full details on its implications, a date of commencement and an invitation to make any representations or objections to the Direction within 28 days. Individual notices, also containing the aforementioned information, will be served upon the individual building occupiers affected by the Direction.
4.2 The Article 4(2) Direction comes into force for a temporary period of 6 months from the date on which the notice is served on building owners and in the written press. The Local Planning Authority must then consider any representations made in response to the notice.
4.3 A subsequent report, prior to the expiration of the 6 month period, will be presented to this committee summarising all (if any) representations or objections received in response to the notice. If no preventative objection to the Article 4(2) Direction is received, it will be recommended to Councillors that this Article 4(2) Direction is confirmed permanently. Confirmation of this Direction will be conducted by a further public notice in the Merthyr Express, as well as individual notices to building occupiers.
4.4 Should Committee decide not to proceed with the Article 4(2) Direction following consultation, the temporary Article 4(2) Direction shall lapse after the prescribed 6 month period.
5.0 EFFECT UPON PLANNING POLICY FRAMEWORK AND PROCEDURE
5.1 Local Planning Authorities have a duty under the Planning (Listed Buildings and Conservation Areas) Act 1990 to determine which parts of their Authority have special architectural or historic interest, the character and appearance of which should be preserved or enhanced, and to designate those areas as Conservation Areas. The Act also enables Local Authorities to draw up and publish proposals for the preservation and enhancement of Conservation Areas in their boroughs, and to consult the local community about these proposals.
5.2 In addition to supporting the Local Authority’s statutory duties with regard to the preservation of Conservation Areas, the Article 4 Direction concurs with national policy by means of Planning Policy Wales (edition 4: 2011) Paragraph 6.5.21 in stating that an Article 4 Direction should be designated in circumstances where there is the requirement to protect features that are key elements of the character and appearance of Conservation Area. It is considered that in the advent of Heritage Lottery Funding within the Pontmorlais THI, an Article 4(2) Direction is required to protect the investment into the area’s conservation value.
5.3 The proposals accord with Policy BW6 of the Merthyr Tydfil Local Development Plan in preserving the character and distinctive local townscape of the Conservation Area.
6.0 LEGAL IMPLICATIONS
6.1 An Article 4(2) Direction is effective immediately after the notice is served or published. However, it expires after 6 months unless it is confirmed by the Council. The legal requirement for notification of confirmation of the Direction is the same as for serving it, in this case by letter or notice to the owners/occupiers of the properties covered by the Direction and by publication in the local newspaper. There is no formal right of appeal against the making of an Article 4 Direction.
6.2 The confirmed Article 4(2) Direction will remain valid unless it is cancelled. The making of the Direction removes the permitted development rights that property owners/occupiers previously enjoyed and a land charge will be made against individual properties. A list of those permitted development rights to be removed is listed in Appendix C to this report.
7.0 FINANCIAL IMPLICATIONS
7.1 If a Direction is made under Article 4(2) of the Town and Country Planning (General Permitted Development) Order 1995, there are one-off costs associated with the notification of individual property owners by post and the relevant fees associated with placing a public notice within the local newspaper. In addition, staff resource will be required to coordinate the imposition of an Article 4(2) Direction. This can be accommodated within current staff workloads.
7.2 Committee will note that the presence of an Article 4(2) Direction may create additional workload for both the Town Planning Division’s Development Control and Planning Policy sections in terms of the anticipated generation of additional planning applications. The Division will not receive any fees for a planning application made in respect of what would have been permitted development had there been no Article 4 Direction. Furthermore, the Division may be subject to additional costs through the publicity of such individual planning applications, should it consider the proposal to affect the character of the Conservation Area as a whole.
7.3 Should planning consent be refused or granted subject to what may be considered by an applicant to be onerous conditions, an applicant may seek to use the compensation provisions of Section 108 of the Town and Country Planning Act 1990 against the Council. It is however noted that there are no apparent cases of compensation being paid by other Welsh Local Planning Authorities in respect of the withdrawal of permitted development within a Conservation Area.
8.0 RECOMMENDATION THAT:
8.1 Committee endorses the imposition of an Article 4(2) Direction withdrawing certain permitted development rights on selected properties within Pontmorlais, Merthyr Tydfil Town Centre Conservation Area for a period of 6 months. The affected properties are listed in Appendix A to this report. A plan is also appended to this report outlining the Article 4 Area in appendix B. The Permitted Development rights to be withdrawn are listed in Appendix C to this report.
8.2 Committee also endorses a public consultation period of 28 days during the above said 6 month period on the permanent imposition of the Article 4(2) Direction.
8.3 Should Committee accept these recommendations, a public consultation report shall be presented to this committee within 6 months with additional recommendations on the potential imposition of a permanent Article 4(2) Direction.
3. APPEALS RECEIVED BY THE PLANNING INSPECTORATE
Application No. Date Determining Authority P/06/0659 8th December 2006 MTCBC
Proposed Development Location Name & Address of Applicant/Agent
Construction of new access road Land Adjoining Y Harmers Ltd (Reserved Matters Application) Goedwig 39 Lambourne Crescent Cardiff Road Cardiff Business Park Treharris Llanishen CF46 5NB Cardiff CF14 5GG
TYPE OF APPEAL: AGAINST REFUSAL
APPEAL REF NO. APP/U6925/A/11/2162767/WF
DATE APPEAL RECEIVED: 17 th OCTOBER 2011 ------
Application No. Date Determining Authority P/10/0086 31 st March 2010 MTCBC
Proposed Development Location Name & Address of Applicant/Agent
Erection of two detached garages Land Adjacent To Stephen George 140 High Street Architects Cefn Coed 25 Courtland Terrace Merthyr Tydfil Merthyr Tydfil CF47 0DT
TYPE OF APPEAL: AGAINST REFUSAL
APPEAL REF NO. APP/U6925/A/11/2162100/WF
DATE APPEAL RECEIVED: 17 th OCTOBER 2011
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4. APPEAL DECISION RECEIVED BY THE PLANNING INSPECTORATE
Application No. Date Determining Authority P/10/0357 07 th December 2010 MTCBC
Proposed Development Location Name & Address of Applicant/Agent
Erection of rear conservatory 60 High Street S J J Surveying Bedlinog F.a.o. Mr A Jones CF46 6TR 40 Sherwood Culfor Road Loughor Swansea SA4 6TY
TYPE OF APPEAL: AGAINST REFUSAL
APPEAL REF NO. APP/U6925/A/11/2159397/WF
DECISION: ALLOWED
DECISION DATE: 19th OCTOBER 2011
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5. PLANNING APPLICATION STATISTICS: OCTOBER 2011
The planning statistics relating to October 2011 are provided below.
Brought Received Determined Withdrawn Carried Forward Forward
October 75 33 14 2 92
These “Carried Forward” figures have been categorised below so that Councillors are aware of the age of outstanding applications. The corresponding data for October 2010 – September 2011 is also provided below.
Under 8 weeks Between 13 weeks – Over 6 8 – 13 weeks 6 months months October 2010 61 20 13 20
November 2010 53 11 27 21
December 2010 39 23 30 21
January 2011 39 12 17 24
February 2011 36 5 12 28
March 2011 60 6 11 28
April 2011 54 11 6 30
May 2011 45 10 12 26
June 2011 50 8 13 20
July 2011 50 6 10 18
August 2011 45 12 10 19
September 2011 38 7 10 20
October 2011 49 9 13 21
6. DELEGATED DECISIONS REPORT LIST: OCTOBER 2011 (FOR INFORMATION ONLY)
App No Site Proposal Decision Date of Decision P/11/0235 Merthyr Variation of conditions 11, 15, Full 21/10/2011 Learning 18, 19 and 20 of planning Approval Quarter consent ref: P/11/0109 Merthyr Tydfil College Site Merthyr Tydfil
P/11/0187 Former Town Restoration and refurbishment Full 18/10/2011 Hall of building and its use as a Approval High Street community arts and creative Merthyr Tydfil industries centre and base for CF47 8AE Merthyr Tydfil College's arts, music and media courses. The refurbished building will include a theatre, a multi purpose space, a cafe, studios and teaching spaces, a dance studio, administration offices and ancillary facilities. External changes to internal courtyard including the erection of a new roof and alterations to the main entrance P/11/0188 Old Town Hall Restoration and refurbishment Listed 18/10/2011 High Street of building and its use as a Building Merthyr Tydfil community arts and creative Approval CF47 8AE industries centre and base for Merthyr Tydfil College's arts, music and media courses. The refurbished building will include a theatre, a multi purpose space, a cafe, studios and teaching spaces, a dance studio, administration offices and ancillary facilities. External changes to internal courtyard including the erection of a new roof and alterations to the main entrance
App No Site Proposal Decision Date of Decision P/11/0158 Land Opposite Erection of detached dwelling Refusal 21/10/2011 14-17 Kingsley (Outline with some matters Terrace reserved) Aberfan Merthyr Tydfil
P/11/0215 107 Brecon Demolition of end terrace shop Full 21/10/2011 Road and rear workshops / garages. Approval Merthyr Tydfil Erection of single storey rear CF47 8NG extension and two storey building to side and use of resultant building as 4 No two bedroom flats and 1 No one bedroom flat, and other associated works
P/11/0228 4 Eleventh Erection of single storey rear Full 03/10/2011 Avenue extension and erection of new Approval Galon Uchaf pitched roof over existing flat Merthyr Tydfil roof rear extension and other CF47 9SU minor alterations
P/11/0243 16 Woodland Erection of first floor rear Full 19/10/2011 Terrace extension and other minor Approval Twynyrodyn alterations Merthyr Tydfil CF47 0NL
P/11/0244 31 Penydarren Creation of canopy to front of Full 19/10/2011 Park dwelling, new pitched roof over Approval Merthyr Tydfil existing flat roofed garage and CF47 8YP other external alterations to dwelling
P/11/0254 5 Caiach Erection of single storey rear Permitted 28/10/2011 Terrace extension Developme Trelewis nt CF46 6DH
App No Site Proposal Decision Date of Decision P/11/0233 Units 2 & 3 Creation of new shopfront Full 11/10/2011 (Former B&Q including the removal of existing Approval Store) entrance canopy and erection of Triangle new canopy, installation of new Business Park roller shutter door and fire exit Pentrebach Merthyr Tydfil CF48 4TQ
P/11/0241 17 Chester Erection of single storey rear Full 10/10/2011 Close extension Approval Heolgerrig Merthyr Tydfil CF48 1SN
P/11/0238 21 Park Place Change of use of basement to Full 18/10/2011 Pontmorlais self contained flat (retrospective Approval Merthyr Tydfil application) CF47 0DJ
P/11/0229 Crownford Refurbish external elevational Full 12/10/2011 House walls with painted render, new Approval Swan Street parapet flashing coping, Merthyr Tydfil replacement of windows and CF47 8EU infill panels, demolition of existing entrance lobby and erection of new canopy, creation of new pedestrian access in existing forecourt wall, new ramp to entrance and other external alterations P/11/0245 Brynyderw Renewal of Planning Permission Full 19/10/2011 Oakland Street P/06/0486 - Erection of 3 storey Approval Bedlinog side extension to accommodate CF46 6TE 'Granny' annexe
P/11/0234 Woodlands Erection of detached shed in Refusal 17/10/2011 10 Henry rear garden Richard Street Troedyrhiw Merthyr Tydfil CF48 4LS