Preface Item Application Number: Applicant(S) Name

PREFACE ITEM

APPLICATION NUMBER: P/03/1623

APPLICANT(S) NAME: Mr. A.R.Tiley

PROPOSAL: Change the use of dwelling to mixed use as dwelling with office to operate airport travel service and two vehicles

LOCATION: 8 Park View Bungalows, Penmaen, Blackwood.

This application was reported to the Planning Committee on the 4th February, 2004; a copy of the original report is attached as an appendix. The Committee resolved to defer the matter to this meeting of the Committee to allow conditions to be considered to attach to a grant of planning permission.

The following conditions with reasons are recommended in order to retain effective control over the development:-

(1) The use hereby permitted shall be carried on only by Mr A R Tiley and members of his family residing with him. (2) This permission shall be for a limited period being the period of 12 months from the date of this permission, after which, the use hereby approved shall cease unless a further permission has been granted by the Local Planning Authority.

The reasons for the Council’s decision are:-

(1) Permission is granted on the basis of the personal circumstances of the applicant and it is not considered that a wider permission for this type of use in this location would be acceptable. (2) To enable the Local Planning Authority to assess at the end of this period whether the operation is causing detriment to the amenities of adjoining occupiers or to highway safety.

PREFACE ITEM

APPLICATION NUMBER: Rhondda Cynon Taf Reference 3/1829

APPLICANT(S) NAME: Mr. Hugh Haines, Pentwyn Farm, Caerphilly.

PROPOSAL: Specialist fourwheel drive repair and maintenance workshop with associated landscaping works.

LOCATION: Land adjoining Beech Farm to the South West of Penrhos Roundabout (A468) Caerphilly.

This Council has been consulted by Rhondda Cynon Taf County Borough Council (RCT) about a reserved matters application for a specialist four wheel drive repair and maintenance workshop on land at Penrhos, Caerphilly. The site has an area of 0.2 ha with a 42m wide frontage onto the Caerphilly Southern By-Pass, to the north of and adjoining Beech Farm. The floor area of the building would be 804 square metres, and it would accommodate the applicant’s business for the repair of agricultural vehicles, which has recently tended to specialise in Land Rover vehicles. At present the business is located at Pentwyn Farm at Energlyn, a housing area, and it is considered by the applicant that the proposed site would be less harmful to residential amenity, that the development is an example of farm diversification, and in the interests of visual amenity, existing hedges would be retained and strengthened. The building would measure 30m x 21m x 5.6m high would be industrial in appearance and finished in profiled metal cladding, apart from the front elevation which would be finished in a mixture timber cladding and stonework. A parking area for 13 cars would be provided at the front of the site, with a service yard on the north-western side of the site.

The outline application was reported to Planning Committee in August, 2002 at which it was resolved to object to the scheme for the following reasons:-

1. It would introduce a commercial vehicle access on to a strategic route close to a major roundabout to the detriment of the free flow of traffic and highway safety.

2. Noise generated by the proposed use would be detrimental to the residential amenities of the occupants of the nearby housing, especially late in the evening and at weekends.

3. A vehicle repair development at this site would consolidate the existing sporadic commercial uses in the locality, and would in itself be an inappropriate use in this rural area, to the detriment of the character and appearance of the locality.

However, if Rhondda Cynon Taf were minded to grant permission it was requested that conditions addressing the following matters should be imposed: hours of operation, no external working, no external storage, design and external appearance of the building, landscaping and access details.

Cont…. Continued

Outline permission was subsequently granted subject to conditions in respect of the details of the scheme, landscaping, the limitation of the gross floor area of the building to 600 square metres, samples of materials, hours of working during construction being limited to 0800 hours to 1800 hours Monday to Friday and 0800 hours to 1300 hours on Saturday with none on Sunday and Bank Holidays, storage of fuels, oils and chemicals, and sewerage.

The principle of the development has now been accepted by RCT as the Local Planning Authority, and although this Council originally objected to the proposal, the submission is generally satisfactory bearing in mind the nature of the development. The front elevation facing the Caerphilly Southern By-Pass uses a mixture of timber and stonework to relieve the building’s industrial appearance, and the hedge on the front boundary will be retained and supplemented.

This Council’s Highway Engineer has already discussed the scheme with RCT’s engineers and conditions addressing the following matters are suggested: means of access to be agreed with the Local Planning Authority, parking facilities, turning and servicing areas, details of gates and the closure of the existing access.

The Council’s Chief Environmental Health Officer considers that noise emanating from the site should be controlled, hours of operation should be limited, the use of the roller shutter doors should be discouraged unless the hours of operation are limited to normal working hours, no operation should take place outside the building, and details of ventilation and odour filtration should be agreed.

Details of the scheme have been passed to the occupants of the housing on the opposite side of the road, and they have been asked to contact Rhondda Cynon Taf directly about their concerns. Any such comments received by this Council will be reported to members at Planning Committee.

The gross floor space of the building appears to exceed that specified in the outline planning permission by 200 square metres, so any comments passed to Rhondda Cynon Taf should be prefaced by drawing attention to that limitation. In view of this Council’s previous objection to the scheme, the recommendation below is that any development should comply with that condition, and the requirements of the various consultees.

RECOMMENDATION that the floorspace of the building should comply with the condition on the outline, and that the comments of the various officers should be recommended to Rhondda Cynon Taf for inclusion as either conditions should the development be approved, or as the basis for seeking amendments to the proposal. Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0023 Mr. T.E. Humphrey, Change the use to single residential 12/01/04 76 Court Street, house at Penywaun Inn, Upper Tonypandy. High Street, Rhymney.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application relates to the conversion of a vacant public house to a single dwelling. The building, which is situated at the northern end of upper Church Street has been unoccupied for almost 2 years and has its windows and doors currently covered with security shutters. The building is a large three-storey premises, and the application proposes to turn it into a seven bedroomed dwelling, with minimal change in terms of the layout of the building. To the rear of the building is a yard/ beer garden area that has vehicular access from the adjacent street.

PLANNING HISTORY

There is no recent planning history.

POLICY

The site lies with the settlement boundary for Rhymney identified in the Deposit Caerphilly County Borough Unitary Development Plan. Policy R10 of the Deposit Plan states:

“The conversion of the ground floor of shops or the redevelopment of sites to residential uses will only be permitted where a residential frontage is included in the design.”

Policy DC1 (standard development control criteria) is also relevant.

CONSULTATION

Chief Engineer (Highways) has no objection to the proposal.

Chief Environmental Health Officer has no objections to the proposal.

There has been no response to date to publicity carried out.

ANALYSIS

The proposal will bring back into use a large prominent building. The building is detached from other properties in the vicinity, and the use is considered compatible given that the site is in the middle of a residential area.

Cont…. Application No. P/04/0023 Continued

No external changes are proposed to the building’s frontage and notwithstanding Policy R10, the frontage is considered acceptable in its present form to accommodate the proposed use. In view of the size of the site and its relationship with neighbouring properties, there is no need to restrict permitted development rights.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition:-

The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

The reason for the Council’s decision is:-

To comply with the provisions of Section 91 of the Town and Country Planning Act 1990.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0084 Silent Valley Waste Services, Amend hours of opening of waste 21/01/04 Beechwood House, transfer hall to 8.00 a.m. to 5.00 Cwm, p.m. seven days a week at Full Ebbw Vale. Moon Civic Amenity Site, Waste Transfer Station, Wattsville.

APPLICATION TYPE: NON COMPLIANCE WITH COND

SITE AND DEVELOPMENT

This planning application seeks to vary Condition (12) attached to consent 2/11295, granted for a waste transfer station, and civic amenity site at Full Moon Industrial Site at Wattsville. Condition (12) is as follows:-

“The waste transfer station shall not open between the hours of 5.00pm to 8.00am Monday to Friday and not at all at weekends.”

The application is to operate within the same hours seven days a week.

PLANNING HISTORY

Reference No. Description Decision Date 2/11295 Waste transfer station and civic amenity site Approved 1993

POLICY

Policies WD1 and WD2 of the Adopted Islwyn Local Plan and Policies W1–W4 of the Deposit Caerphilly County Borough Unitary Development Plan relate to waste management.

CONSULTATION

Chief Engineer has no objection.

The application has been advertised on site and in the press. No comments have been received.

ANALYSIS

The original consent granted to Silent Valley Waste Services in contract with Islwyn Borough Council was for the provision of the service of waste disposal for waste collected by IBC including waste arising from the Borough’s other activities of construction and maintenance, and for the management of various civic amenity sites.

Cont…. Application No. P/04/0084 Continued

The civic amenity site at Full Moon receives waste at the transfer hall that is then taken to the waste transfer station operated by Silent Valley. The consent granted by application 2/11295 restricts the opening hours of the waste transfer station from Monday to Friday. The civic amenity station does not have a restriction. This means that waste is being received at the waste transfer hall that cannot be processed or taken elsewhere, if there is a build up of waste on the weekend.

During peak periods there have been occasions when the operators have had to work on Saturdays in order to keep the flow of waste being processed. This is in breach of the planning consent. The Council has prepared a modified working plan in conjunction with the Environment Agency, to address this problem, which necessitates extending the working week to seven days a week. The Environment Agency who issue the licence are unable to issue a new licence for the modified working plan under the terms of the current planning consent which restricts the working of the waste transfer station from operating on the weekend. As the terms of the licence must reflect the conditions attached to a planning consent, the current application has been made in order to progress the application for the licence.

The site is not in close proximity to residential development, and although it is in close proximity to a country park, the working week being extended would not have an adverse impact on these interests. As the civic amenity site is able to function throughout the week, it is not considered that permitting the waste transfer to operate in the same manner, would increase the activity on site to an extent that would have an adverse impact on amenities nearby

The extension of the working week would enable the Council to provide its function as waste manager in an efficient manner, and allow for greater flexibility to the operator. The application has been advertised on site and in the press. At the time of compiling this report no objections have been received. As the press notice does not expires till the 26th February it is recommended that a decision be not issued until the press notice expires.

In granting this permission, it is advisable to re-impose all the conditions that were imposed on the original consent that remain relevant to the operation of the civic amenity site and waste transfer station.

RECOMMENDATION that subject to no objections being received, that officers be authorised to issue consent for the variation of Condition (12) of consent No 2/11295, subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) This permission shall relate to the amended plans, elevations and cross sections submitted on the 19th May, 1993 by the applicant in respect of Islwyn Borough Council Planning Application 2/11295. (3) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order with or without modification) no further extensions or other additions to the site shall be undertaken without the express consent of the Local Planning Authority.

Cont…. Application No. P/04/0084 Continued

(4) The space within the curtilage of the site to be used for the parking, loading and unloading of vehicles shall be agreed, in writing, with the Local Planning Authority before the amended hours of operation hereby approved commence, and be thereafter properly maintained and in accordance with details which shall have been submitted to and approved by the Local Planning Authority. (5) The surrounds to the buildings and their curtilage shall be kept in a clean and tidy condition, free from all forms of scrap material. (6) The waste transfer station shall not be open outside the following times: 8.00 a.m. to 5.00 p.m. on any day. (7) The civic amenity site shall not be open outside the following times: 8.00 a.m. to 8.00 p.m. on any day.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) For the avoidance of doubt as to the plans to which this approval relates. (3) The extent of the development is such that any furher development is likely to affect the amenity of the surrounding area. (4) To ensure that adequate on-site parking is available in the interests of highway safety. (5) In the interests of visual amenity. (6&7) In the interests of residential amenity.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1572 Mr. W. Green, Erect unit for care of family 27/11/03 Britannia House, member at Britannia House, Britannia Terrace, Britannia Terrace, Pengam, Pengam, Blackwood. Blackwood.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application relates to the construction of a two bedroom detached building, in the position currently occupied by a double garage in the north east corner of the curtilage of a detached property. The dwelling proposed will be two storey and have area dimensions of 8.5m x 7m and will be positioned 1.5m from the back of the main dwelling. The ground floor will contain accommodation for a severely disabled adult who currently resides and is cared for by her parents in the main house. The building will allow accommodation on the first floor for a carer, the person who is disabled generally being cared for by two people at a time. The first floor of the accommodation will be served by velux roof lights apart from a window in the gable end of the building that will face towards the garden area to the rear of the main dwelling.

PLANNING HISTORY

Reference No. Description Decision Date P/98/0391 Construct “Granny Flat” Granted 23/6/98

POLICY

The site lies within the settlement boundary identified for Britannia in the Deposit Caerphilly County Borough Unitary Development Plan, and the application has to be considered against the development control criteria contained in Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan.

CONSULTATION

Chief Engineer (Highways) has no objection to the proposal given the previous approval.

Welsh Water states that the site is crossed by a public sewer.

Chief Environmental Health Officer has no objection to the proposal.

There has been no response to publicity carried out.

Cont…. Application No. P/03/1572 Continued

ANALYSIS

The accommodation is to provide for the future needs of a severely disabled person. The previous approval was for single storey accommodation, however, this has been amended to allow a carer to be accommodated within the building. The building position and design is considered to be satisfactory in terms of its relationship with the existing dwelling, neighbours and the street scene.

Although the proposal removes off-street parking in terms of the existing garage, there is adequate space to accommodate the needs of the existing house and the proposed building.

A condition requiring the details of the finishes to the building to be agreed and linking the use of it to that of the existing dwelling are attached to the recommendation.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) The accommodation hereby approved shall be used solely for a member of the family residing at Britannia House, Britannia Terrace, Pengam, and a carer of such a person, and shall not be occupied as a single independent dwelling. (3) The existing drive/parking area at Britannia House shall be maintained clear of obstruction and shall only be used for the parking and turning of vehicles and not for any other domestic use. (4) The external finishes to the accommodation hereby approved shall be submitted to and agreed with the Local Planning Authority prior to development occurring.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In the interests of residential amenity (3) In the interests of highway safety. (4) In the interests of visual amenity.

Advisory Note

The applicant be advised of the comments of Welsh Water and The Coal Authority.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0034 Mr. K. Collier, Erect residential development on 09/01/04 42 Manor Way, Stanfield Yard, Risca. Risca.

APPLICATION TYPE: OUTLINE APPLICATION

SITE AND DEVELOPMENT

Outline planning consent is sought for the construction of residential development on land at the junction of Park Place and Park Road known as Stanfield Yard. The site is approximately 880m² and has a number of lock-up garages on site. These appear to be in use. Access to the site is currently from Park Place at the junction sited nearest No. 77 Park Place. The site is hard surfaced and the garages are along the edges of the area. A well-established hedge obscures the site from the adjoining carriageway to the north. Illustrative plans have been submitted with the application, indicating five dwellings, with some accessed from Park Road. However, all matters have been reserved for subsequent approval.

PLANNING HISTORY

Reference No. Description Decision Date 2/9551 Outline Planning Permission for Granted 1990 Residential Development

POLICY

The site lies within the settlement envelope of Risca as defined by Policy H5 in the Adopted Islwyn Local Plan (1991-2001). The site also lies within the settlement boundary as defined by Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan (1996 - 2011). The development has been assessed against the standard development control criteria in Policies D1 to D6 of the Adopted Islwyn Local Plan. Housing Policies H1 and H4 of the Local Plan and Policy H2 of the Deposit Caerphilly County Borough Unitary Development Plan which relate specifically to windfall and small sites within settlement boundaries, and guidance contained within Development Design Guide No. 1 - Building Better Places to Live, have also been taken into account.

CONSULTATION

Chief Engineer raises no objection.

The Coal Authority raises no objection regarding shallow mine working.

Transco has forwarded details of apparatus in the vicinity of the site.

Cont….

Application No. P/04/0034 Continued

The adjoining properties were notified of the application. It was also advertised on site. The occupiers of a property adjoining the site have written stating that although they have no objection to the principle of residential development they would object to the illustrative drawings as submitted.

ANALYSIS

The application site is currently used for off street parking, and the garages are currently in use. The Council’s planning records indicate that outline planning permission was granted in 1990, and that reserved matters were never sought following that consent. The application site is within the settlement boundary as defined by both the Adopted Islwyn Local Plan and the Deposit Caerphilly County Borough Unitary Development Plan. There is a presumption in favour of development on windfall or infill sites through Policy H2 of the Deposit Caerphilly County Borough Unitary Development Plan, provided that neighbouring land-uses will not detract from the residential amenity of the development and the development itself would not result in insensitive or inappropriate infilling which would spoil the character of an existing residential area.

The illustrative plans indicate a layout of five dwellings with three properties accessed from Park Road. This layout is not acceptable, as it would generate additional traffic directly on to Park Road at its junction with Gelli Avenue. The principle of residential development is accepted subject to conditions attached in the recommendation.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

Cont….

Application No. P/04/0034 Continued

(6) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development ) Order 1995 (or any order revoking and re-enacting that order with or without modification) the means of site enclosure shall be constructed in accordance with details which shall have been submitted to and approved by the Local Planning Authority prior to the commencement of the development.

The reasons for the Council’s decision are:-

(1) The application is made in outline only and to ensure that the development shall be carried out in an orderly and satisfactory manner. (2&4) To comply with the provisions of Section 92 of the Town and Country Planning Act 1990. (3) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (5) For the avoidance of doubt as to the extent of the consent hereby approved. (6) In the interests of visual amenity.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0019 Mr. S. Lawrence, Refurbish former school to create 06/01/04 Education & Leisure, new Welsh medium primary school C.C.B.C., at former Ysgol G.G. Cwm Rhymni Caerphilly Road, Comprehensive, Ty Fry Road, Ystrad Mynach. Aberbargoed.

APPLICATION TYPE: DEEMED CONSENT

SITE AND DEVELOPMENT

This application relates to works involved in the refurbishment of a currently vacant school.

The works include alterations around entrances to the buildings, including disabled ramps, and extended canopies over these entrances. In addition, the application proposes to erect new means of enclosures in the form metal fencing around the site.

The fencing proposed at the front of the site onto Ty Fry Road will be 2.4m metal railings, with a comb top finish. Along the remaining perimeters of the school, a 2m high metal palisade fence will be erected areas of existing stone walling will remain with the addition of coping stones.

PLANNING HISTORY

No recent planning history.

POLICY

The proposal has to be considered against the relevant criteria contained in Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan.

CONSULTATION

Chief Engineer (Highways) raises no objection to the proposal.

There has been no response to publicity carried out.

ANALYSIS

This application deals with relatively minor changes to the entrances to the building, which are satisfactory. The fencing proposed is considered acceptable in visual and highway safety terms.

Cont….

Application No. P/04/0019 Continued

RECOMMENDATION that Deemed Consent be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) The building shall not be occupied until the area indicated on the approved plans for the parking of vehicles has been laid out in accordance with the submitted plans and that area shall not thereafter be used for any other purpose other than the parking of vehicles. (3) Prior to the commencement of work on site, details of the colour of the fencing hereby approved, and all other materials, including coping stones, associated with the boundary treatment hereby approved, shall be submitted to and agreed in writing with the Local Planning Authority.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) To ensure that adequate on-site parking is available in the interests of highway safety. (3) In the interests of visual amenity. ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/0976 Mr. A. Roberts, Erect poly-tunnels at 15/07/03 55 Raglan Road, Gasworks Piggery, Hengoed. Hengoed.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application relates to the proposed erection of 5 poly-tunnels, on land to the north of the Hengoed Viaduct and the site of the former gas works. The site is a field adjacent to the River Rhymney, and is currently used for grazing horses, which is part of a holding of 1.9 hectares. The poly-tunnels would be each be 21.75m x 4.27m in area, to a height of 2.28m. Access to the site is gained via a roughly surfaced track which links onto the road, which runs below the viaduct, between Hengoed and Maesycwmmer.

PLANNING HISTORY

No recent planning history.

POLICY

The site lies within an area identified in the Deposit Caerphilly County Borough Unitary Development Plan as Green Wedge. Policy DC1 (standard development control criteria) of the plan should be taken into account.

Policy C13 states:-

“Green Wedges have been designated in order to prevent coalescence between and within settlements... . Within these areas development which prejudices the open nature of the land will not be permitted.”

The reasoned justification to this policy states that within these Green Wedges, it is intended that an open nature should be maintained by permitting only agricultural, forestry, recreational or other uses, which involve no substantial new building. Development which is permitted will be of a small scale and will be required to be of a high quality, and should ensure that the open nature of the Green Wedge is not eroded or destroyed.

The site lies immediately adjacent to the northern boundary of the Maesycwmmer-Hengoed Viaduct Conservation Area. It is also allocated for informal recreation by Policy L7 of the Deposit Caerphilly County Borough Unitary Development Plan, and Policy L15 shows the Rhymney Riverside Walk passing through the site.

Cont…. Application No. P/03/0976 Continued

CONSULTATION

Chief Engineer (Highways) states that there is concern that any intensification or diversification of operations may lead to increased traffic generation and parking demand. The existing access from the south is grossly substandard as is the highway network serving this access.

Gelligaer Community Council raises no objection to the proposal.

As a result of publicity a letter of objection has been received from the Council for the Preservation of Rural Wales who make the following observations:-

1. Design and form of the buildings make them particularly intrusive. 2. Loss of openness, within a Green Wedge. 3. Impinge on the character of the nearby conservation area.

ANALYSIS

This application is to allow the erection of poly-tunnels which will be used to grow vegetables, flowers and bedding plants etc. from cuttings and seeds, which it is intended will be sold on to the public directly from the site, effectively creating a commercial nursery on the site.

The definition of agriculture in Section 336 of the Town and Country Planning Act 1990 expressly includes horticulture, fruit growing and the use of land for market gardens and nursery grounds. Therefore for the purposes of planning control the use could not be controlled.

The site lies to the north of the Conservation Area boundaries, and given that the proposal involves structures which are related to agricultural/horticulture it is not considered that a reason for refusal based on visual impact on the Conservation Area could be successfully defended.

However, the application proposes building works, which it is intended, will give rise to members of the public being attracted to the site, in a manner, which the Local Planning Authority could not restrict.

The access from the site is substandard and links onto a highway route which, is grossly substandard in terms of its alignment, width and gradient, with substandard junctions at either end onto Victoria Road and the A469. The substandard nature of the highway network has led to the refusals of planning applications in the area, which have been supported by appeal decisions made by the National Assembly.

Cont…. Application No. P/03/0976 Continued

Whilst the applicant also controls land fronting onto the A469, if use were made of such an access this would conflict with Policy T3.2 of the Deposit Caerphilly County Borough Unitary Development Plan which aims to control development onto County routes such as this in the interests of safety and the efficient movement of traffic.

RECOMMENDATION that Permission be REFUSED

The reason for the for the Council’s decision is:-

The use of the structures proposed will lead to an increased use by vehicular traffic of an access and highway network leading to the site which are grossly substandard in nature. The intensification of use of the site will be detrimental to the safety of all existing highway users, contrary to Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0036 A & P Sadler, Erect garage with study over at 12/01/04 1 Hilary Rise, 1 Hilary Rise, Pontywaun. Pontywaun, Crosskeys.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application is for the erection of a garage with a room over as a study to the front of 1 Hillary Rise. The property is sited to the rear of properties in the Pontywaun Garden Suburbs Conservation Area as defined by Policy HE4 (11) of the Deposit Caerphilly County Borough Unitary Development Plan.

The proposed garage is of block construction and is currently under construction having been approved by Application No. P/02/0406. The application seeks to alter the original proposal by siting a floor above the garage, to be used as a study room. Plans indicate a gable-fronted elevation, and a pitched roof with a domestic type window and door to the elevation facing Hillary Rise. Roller shutter doors are proposed on the garage, above which is the gable fronted wall and window. Internal plans indicate a toilet within the first floor.

The site is steep, with a long drive across the width of the property. The garage is being constructed with retaining walls as it is partially below the level of the dwelling. The proposed first floor would be at a level, which is accessible from the garden, by means of a door. The dwelling is of recent construction, and is rendered and painted white.

PLANNING HIISTORY

Reference Description Decision Date No. P/01/0952 Garage Refused 31.10.01 P/02/0406 Garage Approved 20.05.02

POLICY

The site lies within the settlement envelope of Pontywaun as defined by Policy H5 in the Adopted Islwyn Local Plan (1991-2001). The site also lies within the settlement boundary as defined by Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan (1996 - 2011). The development has been assessed against the standard development control criteria in Policies D1 to D6 of the Adopted Islwyn Local Plan, and Policy CE6 of the Adopted Islwyn Local Plan, which specifically address development in or adjacent to conservation areas. Standard development criteria in Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan and guidance contained within Development Design Guide 2; Householder Developments have also been considered along with policy HE2 (effect of development on listed buildings and conservation areas). Cont…. Application No. P/04/0036 Continued

CONSULTATION

Chief Engineer (Highways) raises no objection to the proposal.

The adjoining properties were notified of the application. A letter of concern has been received from the occupier of a property nearby. The main concerns are:-

1. The height of the proposed building and the position of the window would overlook their property.

2. The development would affect their privacy and spoil the outlook of the designated Conservation Area.

ANALYSIS

The application site is in an elevated position commanding views over the Pontywaun Garden Suburb Conservation area. The site is particularly prominent. The garage has been set considerably below the dwelling, and was approved in May 2002 following a previous refusal for a prefabricated garage). The current application includes a room above the garage, which also appear to have toilet facilities.

The height of the garage previously approved was 5.3m and the applicant intends increasing the height to 6.2m at the front. Other alterations include a gable dormer and the insertion of a large window to Hillary Rise. These details result in over-domestification of the garage The insertion of a window on the elevation to Hillary Rise would have the potential of overlooking the rear of properties in the Garden Suburb Conservation area. Although the distance between habitable room windows are safeguarded, the domestic style window would be an intrusive form of development in its siting. The garage, by virtue of its height, massing and design would result in a prominent ‘domestic’ feature, which is out of character in the layout of the street, and result in an overbearing form of development, which would be visually intrusive, adjoining the Garden Suburb Conservation Area.

The application is therefore contrary to Policy D3 of the Adopted Islwyn Local Plan, which states that development which constitutes over development by virtue of scale, height, massing or in relation to surrounding development will not be normally permitted, and Policy 1DC of the Deposit Caerphilly County Borough Unitary Development Plan which states that proposals for development will only be permitted if they are consistent with the underlying principles of good design.

RECOMMENDATION that Permission be REFUSED

Cont…. Application No. P/04/0036 Continued

The reasons for the Council’s decision are:-

(1) The proposed garage by virtue of its height, massing, and siting, would have an unduly intrusive impact in the street scene, and thereby be contrary to Policy D1 of the Adopted Islwyn Local Plan, and Policy D2 of that plan, which requires that new development be effectively and sensitively integrated with existing townscape features. (2) The development would have an adverse impact upon the setting of the Listed Buildings at the Pontywaun Garden Suburb Conservation Area, which it overlooks, and thereby be contrary to Policy CE6 of the Adopted Islwyn Local Plan which states that development will normally only be permitted in or adjacent to conservation areas where it would preserve or enhance the amenity or character of such areas, and Policy HE2 of the Deposit Caerphilly County Borough Unitary Development Plan which only allows development that preserves or enhances the setting of listed buildings.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0009 Mr. P. Sargent, Erect bedroom/bathroom extension 05/01/04 14 Cae Collen, and increase drive at 14 Cae Highfields, Collen, Highfields, Blackwood. Blackwood.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Permission is sought for the erection of a bedroom extension over original single-storey accommodation (a garage converted to a playroom) on the side of this detached dwelling. Additional parking provision would be achieved by a widening of the existing drive to the front of the property. The extension would be 2.5m wide and 8m long, and the roof of the existing dwelling would be carried over the extension. The front elevation would incorporate a pitched dormer over the window of the proposed bedroom to match an existing dormer on the other end of the elevation. External materials would match existing.

PLANNING HISTORY

Reference No. Description Decision Date P/02/0044 Vary condition to convert garage to Approved 15/02/02 playroom P/96/0583 Erection of 133 dwellings Approved 07/02/97

POLICY

The site lies within a Committed Housing Site identified in the Adopted Islwyn Local Plan and the Deposit Caerphilly County Borough Unitary Development Plan (Proposed Modifications), and lies within the Settlement Boundary as defined by Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan. The development has been assessed against the standard development control criteria in Policies D1 to D6 of the Adopted Islwyn Local Plan, Housing Policies H1 and H4 of the Local Plan which relate specifically to extensions to residential properties, standard development criteria in Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan, and guidance contained within Development Design Guide No. 2: Householder Developments.

CONSULTATION

Chief Engineer (Highways) raises no objection subject to a condition to secure the additional parking provision.

Cont…. Application No. P/04/0009 Continued

Neighbouring properties were notified of the application. A letter of objection has been received from the occupier of the adjoining detached property, on the grounds that the proposed extension would reduce light to a bathroom window and would make it difficult to maintain the pine end of his property.

ANALYSIS

The proposed extension is considered to respect the proportion, style and materials of the existing dwelling, and adequate parking provision for the extended dwelling is proposed. In terms of the effect of the extension on the street scene, it would extend out to the side boundary of the property with a gap of only approximately 1m to the adjoining detached property, thereby almost closing the gap between the two properties. However, this part of Cae Collen is characterised by a close-knit form of development with a terrace of five houses on the other side of the application property. It is not, therefore, considered that the proposed extension would have a detrimental effect on the street scene.

With regard to the neighbour’s objection, the loss of light to a non-habitable room window and the effect on the ability to maintain the property are not considered to be valid planning objections, and the proposed extension is not considered to be detrimental to the amenity of the adjoining occupier to any significant degree.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) The driveway shall be widened in accordance with the submitted plan and completed in permanent materials, which shall be the subject of prior agreement with the Local Planning Authority in writing, before the extension is first occupied. The driveway shall thereafter be maintained free of obstruction for the parking of motor vehicles only.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In the interests of highway safety.

Advisory Note

The applicant be advised of the comments of Chief Engineer (Highways) concerning the vehicular crossover.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0049 Dwr Cymru Welsh Water, Erect GRP Control Kiosk (2m wide 12/01/04 SSI Alliance, x 500mm deep x 1.75m high) at Willowford, Risca Rugby Club, Storesfield, Main Avenue, Tredegar Terrace, Risca. Treforest Industrial Estate, Treforest.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application is for the erection of a glass reinforced plastic Control Kiosk measuring 2m x 0.5m x 1.75m that is to be located on a bund on the western side of Risca Rugby Club, and adjacent to their gym.

PLANNING HISTORY

There is no relevant planning history.

POLICY

The site lies within the settlement envelope of Risca as defined by Policy H5 in the Adopted Islwyn Local Plan. The site also lies within the settlement boundary as defined by Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan. The development has been assessed against the standard development control criteria Policy D1 of the Adopted Islwyn Local Plan and standard development criteria Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan.

CONSULTATION

Chief Engineer raises no objection in respect of land drainage.

The development has been advertised on site. No representations have been received as a consequence.

ANALYSIS

This is a minor development that will have no significant impact on the townscape. It is made necessary by improvements to the Western Valley Trunk Sewer, which are important for the up grade of the local infrastructure.

Cont…. Application No. P/04/0049 Continued

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition:-

The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

The reason for the Council’s decision is:-

To comply with the provisions of Section 91 of the Town and Country Planning Act 1990.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1577 JARC Homes, Erect pair of semi-detached houses 24/11/03 7 Shingrig Road, at 10/12 Commercial Street, Nelson, Senghenydd, Caerphilly. Treharris.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application is for the residential development of a plot of land within a row of terraced dwellings in a residential area. The plot is currently vacant, overgrown with weeds and there is evidence of fly tipping. Although there are traditional stone terraced dwellings either side there are modern design dwellings to the front and rear of the plot. A pair of semi-detached dwellings is proposed. Each plot will be approximately 182 square metres in area, i.e. 40 houses per hectare which is a high density. The proposed dwellings are two-storey with three bedrooms. Each is provided with two parking spaces to the rear that are accessed via a rear lane. A porosity report has been provided to demonstrate that soakaway drainage can be achieved on site.

PLANNING HISTORY

Reference No. Description Decision Date 5/5/92/0650 Residential development - 4 flats Approved 10/12/92

POLICY

The Deposit Caerphilly County Borough Unitary Development Plan Policy H2 states that:-

“Proposals for housing development on windfall and small sites within settlement boundaries will be permitted provided that:-

A. Neighbouring land-uses will not detract from the residential amenity of the development; and

B. The development would not result in insensitive or inappropriate infilling which would spoil the character of an existing residential area.”

The Deposit Caerphilly County Borough Unitary Development Plan Design Guide No. 1 Building Better Places to Live gives advice with regard to the layout of new development.

Cont….

Application No. P/03/1577 Continued

CONSULTATION

Chief Engineer (Highways) raises no objection subject to the completion of the car parking provision and any gates to be fitted should not open over the highway.

Chief Engineer (Drainage) gives advice regarding the drainage of the site and confirms that the submitted porosity test is acceptable.

Welsh Water advises that no surface water will be allowed to drain to the public sewer and that a sewer crosses the site close to the proposed dwelling.

Chief Environmental Health Officer raises no objection.

Western Power and Transco indicate the presence of their services in the vicinity and give advice.

The Environment Agency raises no objection and gives general advice.

The Coal Authority indicates that the site is within the zone of influence from past workings, but any ground movement should by now have ceased.

Aber Valley Community Council raises no objection.

The development has been advertised on site and neighbouring properties have been consulted. No response has been received.

ANALYSIS

The application site is within an existing residential area, it is therefore a windfall site and should be considered with regard to Policy H2. Planning permission was given in 1992 (now expired) for a two-storey unit of four flats that is similar in size to the proposed development. The proposed dwellings are of modern design and set in the middle of a row of stone-built traditional terraced properties. They are though of a similar size and proportion; also, there are other similar modern dwellings to the front and rear. It is therefore considered that the proposed dwellings should acceptably blend with the character of both the area and street scene in accordance with Policy H2.

Excluding the car parking spaces the rear gardens will be just under the design guide recommended size of 70 square metres; however, they are still considered to be adequate provided permitted development rights are removed to prevent their erosion. The completion of the car parking spaces should be required in accordance with the observations of the Chief Engineer.

Cont…. Application No. P/03/1577 Continued

The submitted details of finish are limited and therefore further details should be agreed by condition. Revised drawings have been received showing the insertion of side windows that should be obscurely glazed to prevent overlooking. Subject to the mentioned conditions the proposed residential development is considered in accordance with design guidance.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order with or without modification), no extensions, garages or outbuildings shall be erected at the dwellings hereby approved without the approval of the Local Planning Authority. (3) Before the development hereby permitted is commenced details of the construction, in permanent materials, of spaces within the curtilage of the site to be used for the parking of vehicles shall be submitted to and agreed in writing with the Local Planning Authority. The agreed spaces shall be constructed, surfaced and laid out before the development is brought into use and shall thereafter only be used for the parking and turning of motor vehicles. (4) Any gates fitted shall not open out over the highway. (5) No development shall take place until samples or printed colour examples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and agreed in writing by the Local Planning Authority. The development shall be completed in accordance with the agreed details. (6) The windows to the side elevations of the dwellings hereby approved shall be fitted and maintained with obscure glazing at all times.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In order to retain effective control over the development. (3) To ensure that adequate on-site parking is available in the interests of highway safety. (4) In the interests of highway safety. (5) In the interests of visual amenity. (6) In the interests of residential amenity.

Advisory Note

The applicant be advised of the observations of The Environment Agency, Chief Engineer (Drainage), Welsh Water, Western Power Distribution and Transco.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0039 Mr. R.A. Hague, Erect three bedroom end of terrace 07/01/04 101 Church Street, property on land adjoining 33 Bedwas, Upper Francis Street, Abertridwr, Caerphilly. Caerphilly.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application is for the erection of a three-bedroom two-storey dwelling attached to the end of an existing terrace with an integral garage below the ground floor and accessed from the rear. The design of the dwelling is similar to the other dwellings in the row. Planning permission has previously been granted for the development in 1998.

PLANNING HISTORY

Reference Development Decision Date P/97/1061 Erect Dwelling Approved 05/02/98

POLICY

The Deposit Caerphilly County Borough Unitary Development Plan Policy H2 states:-

“Proposals for housing development on windfall and small sites within settlement boundaries will be permitted provided that:-

A. Neighbouring land-uses will not detract from the residential amenity of the development; and

B. The development would not result in insensitive or inappropriate infilling which would spoil the character of an existing residential area.”

CONSULTATION

Chief Engineer (Highways) has no objection.

Welsh Water advises as to how the site should be drained.

Chief Engineer (Drainage) advises as to how the site should be drained.

Transco and Western Power advise with regard to the presence of their services.

The Coal Authority indicates that the site is within the zone of influence from past underground workings but any ground movement should by now have ceased.

Cont…. Application No. P/04/0039 Continued

The Environment Agency gives general advice.

The development has been advertised on site and neighbouring properties have been consulted. No response has been received.

ANALYSIS

The site is within settlement limits. The dwelling replicates the design of the terraced properties in the area. The exact details of finish may be agreed by condition. The ground floor provides two rooms with a kitchen and bathroom. There are three bedrooms above. The gross floor area of the proposed dwelling is more than 75 square metres, which suggests a parking requirement of two spaces. One space is accommodated within a garage and the other can be sited within the garden. Revised details of the parking are required to confirm the exact layout of the parking. The garden is small but it is the same as others in the street. Permitted development rights should be removed to ensure that it is retained for residential amenity of the occupants. Subject to the mentioned conditions it is considered that the proposed dwelling will blend with the others in the row and planning permission may again by granted.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) No development shall take place until samples or printed colour examples of the materials to be used in the construction of the external surfaces of the development hereby permitted have been submitted to and agreed in writing by the Local Planning Authority. The development shall be completed in accordance with the agreed details. (3) The garage approved as part of this development shall not be physically altered or converted to any domestic use other than the parking of domestic motor vehicles associated with the residential use of the dwelling hereby approved. (4) The gradient of the drive to the garage/hardstanding shall not be steeper than 12.5% (1 in 8). (5) The development hereby approved shall not commence until revised details have been submitted to and agreed in writing with the Local Planning Authority. Those details shall include a minimum of two off street parking spaces constructed in permanent materials. Prior to the occupation of the development the agreed parking spaces shall be completed and shall thereafter be maintained free of any obstruction for the parking and turning of motor vehicles only. (6) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order with or without modification), no garages, outbuildings or extensions shall be erected at the dwelling hereby approved without the approval of the Local Planning Authority.

Cont…. Application No. P/04/0039

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In the interests of visual amenity. (3&4) In the interests of highway safety. (5) To ensure adequate off-street parking provision. (6) In order to retain effective control over the development.

Advisory Note

The applicant be advised of the observations of Transco, Western Power Distribution, Chief Engineer (Drainage), Welsh Water and The Environment Agency.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0011 Ms. A. Richards, Erect one dwelling at The 09/01/04 The Bungalow, Bungalow, Sunny View, Argoed, Sunny View, Blackwood. Argoed, Blackwood.

APPLICATION TYPE: OUTLINE APPLICATION

SITE AND DEVELOPMENT

Outline planning consent is sought for the erection of a dwelling within the garden curtilage of The Bungalow, Sunny View, Argoed. The application site, which is within settlement limits, is located adjacent to the A4048, and south of a row of terraced houses at Grwyney Place. Agricultural land is located to the west.

The land abuts the main road comprising a footway and carriageway, and is retained by an embankment some 1.5 metres high. It then rises steeply to the rear of the plot. The site measures approximately 18 metres across its frontage and 21.5 metres along the rear and has a depth of 16 metres. A bus stop is located in the footway at the front of the site.

This is an outline application, in respect of residential development, with all other matters being reserved for future consideration.

PLANNING HISTORY

Reference No. Description Decision Date 2/9467 Outline consent for residential development Refused 22/06/90 2/8852 Outline consent for residential development Refused 10/10/89

POLICY

The policies of particular relevance to this application are Policies 1DC (development control criteria), DC2 (settlement boundary) and H2 (development on unallocated sites) of the Deposit Caerphilly County Borough Unitary Development Plan: Proposed Modifications – January 2003, together with standard development control criteria contained in Policy DC1.

Policy requires that proposals for development will only be permitted if they meet specified criteria and if they are consistent with the underlying principles of good design, sustainability, and maintaining the identity and vitality of settlements.

Policy DC2 aims to concentrate new development within existing settlements.

Cont…. Application No. P/04/0011 Continued

Policy H2 permits housing development on windfall sites within settlement boundaries provided neighbouring land uses will not detract from the residential amenity of the development and the development would not result in inappropriate infilling which would spoil the character of an existing residential area.

Criterion B of Policy DC1 requires development to be compatible in land use terms with other land uses in the vicinity. Criterion E of DC1 requires development to be well designed in terms of setting, scale, density, layout, materials and landscaping. There are two new criteria within Policy DC1 in relation to parking and servicing which are also relevant.

Policy T3 is also relevant which aims to control new frontage development in the interests of highway safety and the efficient movement of traffic.

The development has also been assessed against similar Policy H5 of the Adopted Islwyn Local Plan, which aims to concentrate new development within existing settlements and Policy D1 (standard development control criteria).

The development has been advertised on site and neighbouring properties have been consulted. One letter has been received raising concerns with regard to the entrance to any new property. Given that a bus stop is situated in front of the site they would object to any proposal to remove the bus stop.

CONSULTATION

Chief Engineer (Highways) objects to the development. He considers that the proposed development will create increased hazards for all users of the County route A4048 and is contrary to Policy T3.2 which seeks to control new frontage development in the interests of highway safety and the efficient movement of traffic.

The Coal Authority has no adverse comments in relation to the development but advises that a prudent developer would seek appropriate technical advice before works are undertaken on site and that the responsibility for carrying out any development in a safe manner rests with the developer.

Hyder advises that foul and surface water discharges must be drained separately from the site and provides advice to be conveyed to the developer in respect of the same.

Chief Environmental Health Officer has no adverse comments in respect of the development.

Chief Engineer (Drainage) provides comments to be conveyed to the developer in respect of surface water drainage.

Transco and Western Power Distribution advise of the existence of their apparatus within the vicinity of the site.

Cont…. Application No. P/04/0011 Continued

ANALYSIS

The development has been considered with regard to current local plan policies and national planning guidance. The policies of particular relevance to this application are Policies DC1, DC2 and H2 of the Deposit Caerphilly County Borough Unitary Development Plan: Proposed Modifications - January 2003.

The application site lies within the village envelope as identified in both the Deposit Caerphilly County Borough Unitary Development Plan, and the Adopted Islwyn Local Plan and there is therefore a presumption in favour of residential development.

Criterion B of Policy DC1 requires development to be compatible in land use terms with other land uses in the vicinity. Residential development on this site would reflect the land uses in the general locality and would be compatible with the existing uses in the area. Criterion E of DC1 requires development to be well designed in terms of setting, scale, density, layout, materials and landscaping. In this respect the applicant has confirmed that such matters are reserved for future consideration and are not included in this outline application.

The development of this site adheres to Policy DC2 in that it promotes the full and effective use of urban land and serves to concentrate new development within the existing settlement of Argoed.

Policy H2 permits housing development on windfall sites within settlement boundaries provided the criteria outlined therein can be adhered to. The design and layout of the development will be critical in terms of ensuring that the neighbouring land uses will not detract from the residential amenity of the development. Furthermore the design of the development will be of critical importance in terms of ensuring that the development does not result in insensitive or inappropriate infilling which would spoil the character of the existing townscape. In this context, these issues may be addressed in the determination of reserved matters.

Two outline applications for residential development on the site have previously been refused in October, 1989 and June, 1990. The reasons for refusal were that the site was considered to be too restricted to satisfactorily accommodate a dwelling together with a 1 in 8 gradient drive, and the necessary off-street car parking and turning area which are considered to be essential in the interests of highway safety. Also, that the proposal would be detrimental to highway safety as it is not possible to construct a new access with satisfactory visibility splays to the A4048. It is considered that this situation has not changed and in this respect the Chief Engineer (Highways) objects to the development.

In conclusion, although there is a presumption in favour of development it is considered that the constraints of the site together with the highway considerations outweigh this presumption.

RECOMMENDATION that Permission be REFUSED

Cont…. Application No./ P/04/0011 Continued

The reasons for the Council’s decision are:-

(1) The site is considered to be too restricted to satisfactorily accommodate a dwelling together with a 1 in 8 gradient drive, the necessary off-street car parking and turning area which are considered to be essential in the interests of highway safety, and therefore the proposal is contrary to Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan Proposed Modifications January 2003. (2) The proposed development will create increased traffic hazards for all users of the County Route A4048 and is contrary to Policy T3.2 of the Deposit Caerphilly County Borough Unitary Development Plan, Proposed Modifications January 2003, which seeks to control new frontage development in the interests of highway safety and the efficient movement of traffic.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0002 Mr. P.O. Gibbs, Change use of second floor from 02/01/04 9 Birchgrove, judo club to residential flat at Rogerstone, 6A Risca Road, Crosskeys. Newport.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

The application relates to part of a large three-storey building on the main route through Crosskeys, approximately 60m from its junction with Gladstone Street around which the commercial centre of Crosskeys lies. The building adjoins the end of a residential terrace and backs on to the former railway line.

The building has had a number of uses over the years. The current uses are an office and a shop on the ground floor and two flats on the first floor. The second floor is currently vacant and was last used as a judo club. The application relates to this part of the building and seeks permission to change the use from judo club to a residential flat. No external or structural alterations are proposed; the main open area occupied by the club would form open-plan residential accommodation. Access would be via a central door and stairway at the front of the building, which already serves the two first floor flats.

PLANNING HISTORY

Reference Description Decision Date No. P/96/0570 Change of use to shops, judo club and two Approved 16/01/97 flats 2/12432 Change of use of 2 first floor rooms to Refused 16/08/95 music studio and one ground floor room to retail, and car park 2/11297 Change of use of first floor to manager’s Approved 04/06/93 flat

POLICY

The site lies within the Settlement Envelope as defined by Policy H5 of the Adopted Islwyn Local Plan and within the Settlement Boundary as defined by Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan (Proposed Modifications). The development has been assessed against Policy H10 of the Adopted Islwyn Local Plan (conversion of vacant properties to residential accommodation within settlement envelopes), and Policy H5 (conversion of properties into flats) and standard development criteria in Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan.

Cont…. Application No. P/04/0002 Continued

CONSULTATION

Chief Engineer (Highways) raises no objection to the proposal.

Chief Environmental Health Officer has no adverse comments to make, although there are reservations regarding the layout of the flat and issues such as ventilation, which will be addressed by the Building Regulations and by housing legislation regulating houses in multiple occupation.

Other occupiers within the building and properties within the vicinity were notified of the application and a site notice was displayed. A letter has been received from the occupier of one of the flats on the first floor of the building expressing support for the current proposal on the grounds that the former use (judo club) created a noise nuisance.

ANALYSIS

The proposed use is considered to be in keeping with the mixed residential/commercial nature of this part of Risca Road and would be more compatible with the residential properties on the first floor of the building and adjoining than the current lawful use as a gym/judo club. The relevant policies of the Adopted Islwyn Local Plan and the Deposit Caerphilly County Borough Unitary Development Plan permit such conversions provided that amongst other things, adequate amenity areas and car parking provision are provided within the curtilage of the premises. The building has no curtilage and these criteria cannot be met; however, in this case it is considered that these deficiencies are outweighed by the desirability of achieving a more compatible use in relation to surrounding properties. The Chief Engineer (Highways) and the Chief Environmental Health Officer raise no objection.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition:-

The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

The reason for the Council’s decision is:-

To comply with the provisions of Section 91 of the Town and Country Planning Act 1990.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0121 Chief Housing Officer, Change the use from warden 03/02/04 Directorate of the Environment, accommodation to office Caerphilly County Borough Council, accommodation at 11 Y Glyn, Hawtin Park, Maesycwmmer, Hengoed. Gellihaf, Blackwood.

APPLICATION TYPE: DEEMED CONSENT

SITE AND DEVELOPMENT

Permission is sought to change the use of the former Warden’s property at the Y-Glyn Sheltered Housing Scheme in Maesycwmmer to offices for use by Islwyn Crossroads, an organisation that supports carers.

The property forms part of the block accommodating four residential units, Number 11 being one of them. The block is located within the housing scheme, itself located within the centre of Maesycwmmer. The property has been empty for a number of years following the warden’s move to another property. There are no proposals to change the property in any way.

Islwyn Crossroads will have four staff working from the property, with two to three carers dropping in at any one time for support from the permanent staff. It is proposed that the staff would park their vehicles in spaces within the housing complex, and that regular visitors would be encouraged to use the local Community Centre car park where permission has been granted for its use. It is proposed to work normal office hours with no work on weekends.

The applicant has advised that the residents of the Housing Scheme have been consulted and have no objection to the proposal.

PLANNING HISTORY

There is no recent planning history.

POLICY

The application should be assessed against the criteria in Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan ‘Proposed Modifications.’

CONSULTATION

Chief Engineer (Highways) has no objection.

Chief Environmental Health Officer has no objection.

Cont…. Application No. P/04/0121 Continued

There has been no response to date to the neighbour notification or site notice.

ANALYSIS

The main issues to consider are whether the proposed office use is compatible with the adjoining residential land uses, with some residential units being physically attached to the property, and the impact of additional traffic in terms of highways safety and amenity.

With regards the impact on residential amenity, it is noted that the proposed use is relatively low key with a small number of staff and few visitors on a daily basis. There would be no physical change to the property, and normal daily office hours would be kept. On this basis, it is considered that the impact on adjoining residents should be minimal, but there is a possibility that a more intense use of the property could cause problems. Taking all these factors into account it is considered appropriate to allow the use for a temporary period of twelve months to enable the impact to be monitored and the situation to be reviewed at the end of the period. .

The Chief Engineer has some concerns that, notwithstanding the proposed arrangements for parking, the traffic generated by the proposed use could result in on street parking. However, he is also willing to consider a temporary permission to enable this impact to be monitored.

It is therefore concluded that it is appropriate to grant a temporary permission in order to give the development a trial run.

RECOMMENDATION that Deemed Consent be GRANTED

This permission is subject to the following conditions:-

(1) The use hereby permitted shall be discontinued on or before 28th February, 2005. (2) The use shall only take place between 0800 hours to 1800 hours Mondays to Fridays, 0900 hours to 1300 hours on Saturdays and not at all on Sundays or Bank/Public Holidays.

The reasons for the Council’s decision are:-

(1) To enable the Local Planning Authority to review the impact of the development in the interests of the amenities of the area. (2) In the interests of residential amenity.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0068 Delyn Packaging Ltd., Change of use to B2 - 20/01/04 Reflex House, manufacturing of plastic moulds for Pontygwindy Industrial Estate, food industry at Former B & Q Caerphilly. Store, Duffryn Business Park, Ystrad Mynach, Hengoed.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application relates to a change of use of vacant premises, which was originally granted planning permission for use as a D.I.Y. retail store. The company have now relocated to a larger premises in Caerphilly. The application relates to the whole of the building but it excludes the western and northern parts of the car park. The use proposed is for the manufacture of plastic moulds used in the food industry, which falls into Class B2 of the Town and Country Planning (Use Classes) Order 1987.

The applicants intend to utilise the existing southern access to the site, with deliveries into the doors at that end of the building.

Parking would be available around the perimeter, with cars utilising a one-way system from north to south.

PLANNING HISTORY

Reference No. Description Decision Date

5/5/79/0826 Retail DIY Store Granted 24/07/79 P/02/0679 Vary Condition of planning permission Refused 16/08/02 5/5/79/0826

POLICY

The site lies within an employment area as identified in the Deposit Caerphilly County Borough Unitary Development Plan to which Policy E2 is applicable this states:-

“The expansion, conversion or redevelopment of premises for uses falling within Classes B1, B2, and B8 of the Town and Country Planning Use Classes Order 1987(as amended) will be permitted.”

CONSULTATION

Chief Engineer (Highways) raises no objection to the proposal subject to conditions in relation to improvement of the access and the provision of parking.

Cont…. Application No. P/04/0068 Continued

Chief Environmental Health Officer has no objections subject to conditions.

There have been no responses to publicity carried out.

ANALYSIS

The use proposed will, allow a user to relocate from their current premises on the Pontygwindy Industrial Estate, to larger premises which will provide space for them to expand their activities. The B2 Use proposed is consistent with Policy E2 of the Deposit Caerphilly County Borough Unitary Development Plan. Conditions are recommended which relate to the improvement of the southern access, revision of parking and servicing layouts and prohibiting outside storage or manufacture, other than in an agreed form.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) There shall be no external storage or manufacture of goods or materials, other than in a location and manner to be agreed in writing with the Local Planning Authority. (3) Notwithstanding the submitted plans, a further parking layout also indicating turning areas for the servicing and deliveries to the building, shall be submitted to and agreed by the Local Planning Authority, prior to the use hereby approved commencing, and shall be kept available thereafter for parking, circulation or turning as agreed, unless otherwise agreed in writing with the Local Planning Authority. (4) Notwithstanding the submitted plans, the southern vehicular entrance to the site shall be widened and improved, prior to the use hereby approved commencing in accordance with details to be submitted to and agreed with the Local Planning Authority. (5) Notwithstanding the submitted plans and the provisions of the Town and Country Planning (General Permitted Development) Order 1995, the applicant shall only erect gates to the premises in a position and manner to be agreed in writing with the Local Planning Authority. (6) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no external plant or equipment required for the use hereby approved shall be installed without the prior written agreement of the Local Planning Authority.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In the interests of visual amenity. (3) To ensure that adequate on-site parking is available in the interests of highway safety. (4&5) In the interests of highway safety.

Cont….

Application No. P/04/0068 Continued

(6) In the interests of residential amenity.

Advisory Note

That the applicant be advised of the comments of the Chief Engineer (Highways).

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0057 Mr. N.G. Davies, Erect dwelling on land adjacent to 15/01/04 10 Crown Lane, 1 Bryn Lane, Pontllanfraith, Pontllanfraith, Blackwood. Blackwood.

APPLICATION TYPE: OUTLINE APPLICATION

SITE AND DEVELOPMENT

The application proposed is for a single dwelling on a narrow strip of land adjoining the neighbourhood shops on the Bryn Estate. It is at the junction of Crown Lane with Bryn Lane, and is a hard surfaced amenity area at the end of the shops. The area nearest Bryn Lane and a small area along side Crown Lane are in the ownership of the Council. Notice has not been served on the Council as landowners. However the illustrative drawing submitted with the application appears to exclude this area from development.

The application has been made in outline, and all matters have been reserved for subsequent approval. An illustrative drawing indicating how the site can be developed has however been submitted with the application. This indicates a detached dwelling of approximately 3.7m x 2.7m sited 1.9m away from the wall of the larger shop unit now occupied by a children’s play facility. Two parking spaces are indicated to the rear. A small amenity area totalling approximately 70 sq. metres would be available. This would be in the area between the parking and the dwelling. The whole site would have the western wall of the shop unit as its boundary.

PLANNING HISTORY

Reference Description Decision Date No. P/00/0011 Construct first floor over shop Refused 10.02.00

POLICY

The site lies within the settlement envelope of Pontllanfraith as defined by Policy H5 in the Adopted Islwyn Local Plan (1991-2001). The site also lies within the settlement boundary as defined by Policy DC2 of the Deposit Caerphilly County Borough Council Unitary Development Plan (1996 - 2011). The development has been assessed against the standard development control criteria in Policies D1 to D6 of the Adopted Islwyn Local Plan, standard development criteria in Policies 1DC and DC1 of the Deposit Caerphilly County Borough Unitary Development Plan and guidance contained within Development Design Guide 1 Building Better Places to Live .

Cont….

Application No. P/04/0057 Continued

CONSULTATION

Chief Engineer raises no objection in principle, however he notes that part of the site is within the Council’s ownership.

The Coal Authority has no objection on grounds of shallow mine working.

Western Power Distribution has forwarded details on apparatus in the vicinity of the site.

The adjoining properties were notified. The application was also advertised on site. No objections have been received.

ANALYSIS

The application site is a small area of amenity space at the end of a neighbourhood shopping development. The Bryn Estate is a low density development, typical of its time. The shops are conveniently located and sited with sufficient land at the side and front and a car park at the north-eastern side of the development. The small strip of amenity area, sets the neighbourhood shops in its context, and sets it apart from the residential layout.

The proposal is to develop this side amenity area of land for a dwelling. The applicant has demonstrated that he can site a dwelling on the site, and provide parking and amenity. In the consideration of the proposal, the matters to be considered are the visual impact of the development, in relation to the commercial properties, and the impact upon the ‘townscape.’ Policy consideration includes Policy D2 and D5 of the Adopted Islwyn Local Plan. Policy D2 requires new development to be effectively and sensitively integrated with existing townscape features. Policy D5 refers to the design of buildings and spaces between them, which shall incorporate visual interest and a sense of place and identity at street level.

Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan states the development control criteria under which development will be considered.

Criterion (B) is the compatibility with neighbouring land uses in the vicnity.

Criterion E requires development to be well designed in terms of its setting, scale, density, layout, materials and landscaping.

The application site is an amenity area related to the neighbourhood shops, which is clearly separated from the residential uses, by the areas of amenity surrounding it. A house at this site which adjoins the high blank wall of the shop, would provide an unattractive outlook for the occupiers of a dwelling.

Cont….

Application No. P/04/0057 Continued

In terms of townscape, it would be incongruous to site a detached dwelling to the end of a group of shops, and the proposal would not meet the criteria of good design, as required by Policy 1DC of the Deposit Caerphilly County Borough Unitary Development Plan, and the use would not be compatible in the immediate vicinity and thereby be contrary to Criterion B of Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan.

Planning Policy Wales Technical Advice Note 12 on Design paragraph 4.5 states:-

“The visual appearance of proposed development, its scale and its relationship to its surroundings are material consideration in determining planning applications and appeals.”

In development control terms the above proposal is an insensitive form of development, which should be refused.

RECOMMENDATION that permission be REFUSED

The reason for the Council’s decision is:-

The development of the site for residential use would result in an insensitive form of development contrary to Policy D2 and D5 of the Adopted Islwyn Local Plan, which require new development to be effectively and sensitively integrated with existing townscape features. It would also be contrary to Policy DC1 and 1DC of the Deposit Caerphilly County Borough Unitary Development Plan. ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1555 Bryn Quarry Ltd., Amend Condition (1) of planning 24/11/03 Gelliargwellt Uchaf, permission P/00/0383 from 5 years Gelligaer, to 25 years for the green Hengoed. composting facility at Gelliargwellt Uchaf, Gelligaer, Hengoed.

APPLICATION TYPE: NON COMPLIANCE WITH COND

SITE AND DEVELOPMENT

This application seeks planning permission for 25 years for the green waste composting facility that has been established at the site following the grant of planning permission in October 2000, for a five-year period.

The application site is contained within the worked out area of Bryn Quarry at Gelliargwellt Uchaf Farm, Gelligaer. Several farm diversification projects have taken place at the site in recent years including a waste transfer station where inert materials are recycled and the tipping of inert material to restore land to agricultural use.

No buildings are proposed. The composting process takes place on a concrete pad approximately 70 metres by 30 metres. The pad drains to a sump from which liquids are recycled or removed from the site. The concrete pad is located against the quarry wall and the height of the compostable material in the windrows does not exceed 4 metres.

PLANNING HISTORY

Reference No. Description Decision Date P/00/0383 Green Composting Facility Approved 05.10.00

POLICY

Wise about Waste-National Waste Strategy for Wales, 2002 sets out the guiding principles of waste management established by the European Union. It stresses the importance of waste minimisation, re-use and recovery of materials.

TAN 21 Waste 2001 provides advice about how the land use planning system should contribute to sustainable resource management. It states that when considering proposals for waste management facilities, local authorities should take into account the potential contribution to the objectives and principles set out in the Waste Strategy and the Deposit Caerphilly County Borough Unitary Development Plan. In respect of composting the TAN states:-

“Composting is now even more efficient and clean with advances in composting technologies to recover organic materials effectively from biodegradable waste. This activity should be expanded to a larger scale than operates at present in Wales to help maximise use of the waste resource.” Cont…. Application No. P/03/1555 Continued

The Deposit Caerphilly County Borough Unitary Development Plan encourages the development of facilities for the re-use or recovery of waste (Policy W4) subject to assessment against criteria which include the suitability of the road network, the capability for screening and landscaping, adequacy of the proposals for restoration and beneficial after-use.

CONSULTATION

Gelligaer Community Council raises no objection to the proposed development.

Countryside Protection for Rural Wales would support a second five-year term.

Chief Engineer (Land Drainage) has no objection subject to full details of the surface water drainage being approved in liaison with the Environment Agency.

The application has been advertised on site and in the press. No letters of objection or support have been received as a result.

ANALYSIS

The green waste composting process was established at the site in 2001. The process recycles grass/hedge clippings from gardens and parks to form a peat free alternative to compost. A concrete pad has been constructed within the worked out area of Bryn Quarry. Incoming green waste is sorted at the site and any unsuitable timber or other materials removed to the waste transfer station. The green waste is shredded, piled in open windrows, aerated and irrigated over a period of approximately 70-100 days. The resulting compost is then screened to produce a variety of soil improving products, most of which are used on the farm holding. A waste management licence has been granted by the Environment Agency for the operation.

The current application seeks to extend the period of approval. No alterations to either the process or the infrastructure are sought at this stage. The previous application was restricted to five years. This tied in with the permission for the quarry and was considered to be necessary because the composting operation has repercussions for the restoration of the quarry. It was considered that a “trial run” would be beneficial. The applicant, however, has found that the restriction on duration of the permission has proved a hindrance in terms of obtaining long- term contracts. The applicant is seeking to enter into an agreement with this Council to develop a waste partnership scheme. The partnership scheme is intended to start in June 2004, and to span a period of 25 years. In order to successfully complete the agreement it is necessary for the facility to have the benefit of planning permission for the duration of the partnership. This application should, however, be assessed solely on the land use merits.

Cont…. Application No. P/03/1555 Continued

The proposal is considered to be in accordance with national and local policy guidelines encouraging the re-use of waste. The proposal would fulfill a local need, supporting the proximity principle (i.e. that waste is treated close to source).

During the three years the composting process has been undertaken at the site no concerns have been raised either by statutory authorities or members of the public. Pen Y Bryn lies approximately 700 metres to the south east and Gelligaer is situated approximately one kilometre to the north east.

The site is well screened within the quarry void. The height of the material in the windrows is below the rim of the quarry and therefore has little impact visually on the surrounding landscape.

It is considered that the proposal is acceptable in highway terms. Improvements to the main access to the farm are proposed in connection with another application (Reference No. P/03/1567) for in-vessel composting.

Composting of green waste in open windrows has the potential to cause odour nuisance if badly managed. Any permission granted should therefore be subject to conditions to ensure the effective operational management of the site such as restrictions on the prolonged storage of green waste prior to composting.

The permission for quarrying expires in 2007. Permission was granted at the same time for infilling of the entire quarry void, including the area occupied by the green composting area, in order to restore the site to agricultural use. If the composting operation is still taking place at the site when quarrying ceases it will be necessary to vary the permission for landfill if the applicant intends to implement the landfill aspect of the permission.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall take place in accordance with the plans and documentation contained in the planning application and supporting statement. (2) The matter incorporated into the composting process hereby approved shall only consist of grass, bark, wood chippings and vegetative waste that is uncontaminated by other domestic, commercial or industrial waste. Any such waste contained within the waste deliveries shall be removed from the Green Waste and stored in a designated covered container prior to removal from the site. (3) The shredding unit shall only operate between the hours of 9.00 a.m. to 5.00 p.m. Monday to Friday, 9.00 a.m. to 12.00 noon Saturday. No shredding operations shall take place on Sunday and Bank/Public Holidays. (4) No operations shall take place except between the hours of 0730 hours to 1800 hours Monday to Friday, 0730 hours to 1200 hours Saturday. No working shall take place on Sundays, Bank/Public Holidays.

Cont….

Application No. P/03/1555 Continued

(5) No material shall be stockpiled, deposited or windrowed to a height exceeding four metres. (6) Within three months of the date of this permission a scheme for the processing of waste shall be submitted to the Local Planning Authority for approval and shall:- i. identify the frequency with which waste is turned having regard to all climatic conditions and the need to minimise odour at receptors; ii. provide for the bi-annual monitoring of bioaerosols; iii. identify threshold levels for bioaerosols and the remedial measures to be implemented when the thresholds are reached. The approved scheme shall be implemented for the duration of the composting activities. (7) Following delivery of compostable wastes at the reception area they shall be sorted, shredded and moved to the composting area within five days. (8) The site drainage system shall be laid out in such a manner as to avoid the possibility of contaminated run off entering any surface water drainage system or watercourse. Leachate and rainwater run-off from the composting pad shall be drained into a sealed tank. (9) Within three months of the permanent cessation of composting operations a scheme detailing measures to be taken to restore the site for agricultural use shall be submitted for the approval of the Local Planning Authority. The scheme shall be implemented in full within twelve months of its approval. (10) Within one month of the date of this consent, efficient means shall be installed and used for cleaning the wheels of all vehicles leaving the site before the vehicles enter onto the public highway.

The reasons for the Council’s decision are:-

(1) For the avoidance of doubt as to the extent of this permission. (2-4) In the interests of the environmental amenities of the locality. (5) In the interests of visual amenity. (6&7) To ensure the development is carried out in a satisfactory manner in the interests of the amenity of the area. (8) To safeguard water quality. (9) To ensure the satisfactory restoration of the site. (10) In the interests of highway safety and general amenity.

Advisory Note

It is further recommended that the applicant be advised of the implications of this permission for the restoration of the quarry.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0025 Royal Mail (South and West Wales Install postman's security container 12/01/04 Area), on Land at Coedcae (wasteland at 220 Penarth Road, junction with Heol Brynteg), Cardiff. Ystrad Mynach.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Permission is sought to erect a postman’s security container on a grass verge located directly opposite numbers 1 to 3 Coed Cae and to the side of number 28 Heol Brynteg. The verge is also overlooked by numbers 23 and 24 Heol Brynteg. The container would be positioned close to the street nameplate on the verge.

Security containers allow storage of additional pouches or satchels of mail, which would otherwise be too heavy for the postman to carry around. The container can either be a single or double box mounted on a pedestal. Either box stands 1.36 metres above ground, is 400 mm deep and 450 mm wide. The single box is 660 mm in height whilst the double is 1 metre high. The typical colour of the box is grey.

A previous application to locate a container on a landscaped area within the middle of Heol Brynteg was withdrawn because of an objection to its position in the landscaped area. Consideration was given to an alternative location within this particular area (considered by Royal Mail to be the most favourable for the organisation of the postman’s delivery route) and the current location is proposed.

POLICY

The application should be assessed against the standard development control criteria in Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan ‘Proposed Modifications.’

PLANNING HISTORY

There is no recent planning history.

PUBLICITY

Two letters of objection have been received in response to the neighbour notification. The reasons for objection are:-

− the site, although described as ‘waste land’ is an attractive grass verge well maintained by the Council.

− the electricity sub station marked on the plan has been moved to a small wooded area opposite No. 4 Coed Cae. Cont…. Application No. P/04/0025 Continued

− the exact location of the proposed box is not clear.

− the siting of the container in the proposed location directly opposite lounge and breakfast room windows would constitute an eyesore.

− an electrical substation previously sited close to the proposed position of the container has been relocated and another eyesore would be unacceptable.

− there are several alternative locations that would be secure and non-visible to residents that would be more appropriate.

− Royal Mail should accept a less conspicuous site even if it is less than perfect for their needs.

− The postman will only visit the box once a day, whereas the residents will be looking at it all day and every day.

− The appearance of such containers leaves a lot to be desired (photograph of another container provided).

− This is a particularly attractive area that is reflected in the high council tax rates, shortly to be increased. As a Council taxpayer, the objectors consider that they merit some priority where this matter is concerned.

CONSULTATION

Chief Engineer (Highways) has no objection but advises that the applicant should obtain the appropriate consents and licenses to excavate and construct the container in the highway. The exact position should also be agreed to ensure the adjacent street nameplate is not obscured from view.

ANALYSIS

The main issue to consider in this case is whether the scale, design and location of the security container is so unacceptable as to warrant refusal of the application. The objectors consider that the container would be an eyesore on this attractive and well-maintained verge, and that there are alternative locations that would not be visible to residents.

Whilst it is acknowledged that the container would be viewed from some adjoining properties, it would be set against a background of trees and could be finished in a colour to assist in blending it into that background. The photograph supplied by one of the objector’s shows a container that is in a poor state and, it is accepted, visually unacceptable. However, a condition could be attached to a permission requiring that the container is kept clean and tidy. Whilst there may be alternative locations, as Local Planning Authority it is necessary to consider whether the one subject of this application is acceptable. Notwithstanding the views expressed by the objectors, it is concluded that the proposal is not so unacceptable to warrant refusal.

Cont…. Application No. P/04/0025 Continued

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) Prior to the commencement of any works on site the precise position of the container shall be agreed with the Local Planning Authority. (3) Prior to the commencement of any works on site the colour of the security container shall be agreed with the Local Planning Authority. The container shall be finished in the agreed colour and thereafter shall be maintained in a clean and tidy condition.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) To clarify the detail of the development hereby approved. (3) In the interests of visual amenity.

Advisory Note

The applicant be advised of the comments of Chief Engineer (Highways).

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0090 Chief Environmental Health Extend existing cemetery at 22/01/04 Officer, Penyrheol Cemetery, Bowls C.C.B.C., Terrace, Penyrheol, Caerphilly. Council Offices, Pontllanfraith, Blackwood.

APPLICATION TYPE: DEEMED CONSENT

SITE AND DEVELOPMENT

This application is for the extension of an existing cemetery at Bowls Terrace, into an adjacent small level field of approximately 0.4 hectare. The cemetery and the application site/field are both included in an area of protected open space in the Deposit Caerphilly County Borough Unitary Development Plan and they lie within the settlement boundary.

PLANNING HISTORY

Reference Development Decision Date 5/5/90/0835 Change of use of storage building to chapel Approved 01/02/91

POLICY

The Deposit Caerphilly County Borough Unitary Development Plan Policy L8 states:-

“Development proposals on protected areas of public open space listed below, will only be permitted where they preserve or enhance the open space’s contribution to the townscape:

26 Aneurin Park/Penyrheol Cemetery, Caerphilly.”

CONSULTATION

Chief Engineer (Highways) raises no objection.

The development has been advertised on site and neighbouring properties have been consulted. No response has been received.

ANALYSIS

The application site and the existing adjacent cemetery are all within an area identified in the Deposit Caerphilly County Borough Unitary Development Plan as protected open space valued for their contribution to the character of the area. The proposed change of use is therefore in accordance with Policy L8, i.e. the proposed use is the same as the existing cemetery use that is within the identified area. Cont…. Application No. P/04/0090 Continued

The site is currently a grassed field with a hedge around most of it. No details of landscaping or enclosure have been provided and these may be agreed by condition.

RECOMMENDATION that Deemed Consent be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) No development shall take place until there has been submitted to, and approved in writing by, the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of development. Thereafter the scheme shall be carried out in the first planting and seeding seasons following the commencement of the use hereby approved and any trees or plants which, within a period of five years from the commencement of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. (3) Details of the means of enclosing the site shall be submitted to and agreed in writing by the Local Planning Authority. The site shall be completed in accordance with the agreed details within six months of the date of commencement of the use hereby approved.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2&3) In the interests of visual amenity.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1539 M. C. Courtney Int. Erect four new dwellings on land 14/11/03 Unit 15, off Kingswood Close, Hengoed. Capital Valley Ind. Estate, Rhymney.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Full planning permission is sought for the erection of four detached dwellings at Plots 1a, 2a, 3a, and 4a, Kingswood Close, Hengoed. The site is within the settlement envelope of Hengoed and is part of a larger site identified for residential development in both the Deposit Caerphilly County Borough Unitary Development Plan and the Approved Rhymney Valley District Local Plan. The total area of the committed land for housing, which was formerly occupied by Lewis Girls School, is 0.9 hectares.

The site is situated near to Hengoed Train Station on the outskirts of Hengoed and access is achieved off Bryn Terrace. It is situated within a predominantly residential area, with Alexandra Road to the west, and Brynavon Terrace to the east, both being residential terraces. Kings Hill is located to the south of the site where there is a local shop and post office and other residential properties. An existing detached residential property is situated to the southwest corner of the proposed development site.

The topography of the site is in the main relatively level, however a steep embankment exists along the western boundary, supported by a retaining wall, to meet the road level at Alexandra Road. The land falls steeply along the eastern boundary to meet the ground level of properties located along Brynavon Terrace. Trees on the west, south and eastern boundary of the site are subject of Tree Preservation Order No.49 dated 1982.

The dwellings will be served by a continuation of the new access coming off Bryn Terrace. A footpath link is to be provided to the south of the site linking Kingswood Close with Kings Hill and Alexandra Road and as such will provide pedestrian access to local shops and Hengoed Train Station.

Planning consent has previously been granted in February 1985, for the construction of roads and sewers in association with a self-build housing development.

The applicant has submitted an Aboricultural Report in respect of the trees protected by the Tree Preservation Order, which may be affected by the development.

Following negotiation, amended plans have been received which address concerns raised by both the Chief Engineer (Highways) and the Tree Preservation Officer.

Cont…. Application No. P/03/1539 Continued

The design of the properties include a three storey, detached property on Plot 1A and Plot 2A along the western boundary of the site, and a two storey detached dwelling on Plots 3A and 4A, on the eastern boundary of the site.

The three-storey dwelling (House Type C) comprises at ground level a front entrance hall and rear utility room with integral garage. The first floor includes a lounge, kitchen/diner and study with four bedrooms at second floor level. The dimensions of the dwelling are approximately 6.7m x 9.4m x 11.3m high with a ridge roof. The materials to be used in the external finishes of the dwelling include dark grey concrete tiles in the roof, face brickwork with cast stone detailing in the walls and white upvc windows and doors. The design also includes patio doors on the front elevation at first floor level onto a balcony which provides a canopy over the garage door and measures approximately 3.9m x 1.2m x 3.8m high to the top of the handrail.

The two storey dwelling (House type A) comprise a front entrance hall, cloakroom, lounge, kitchen and integral garage on the ground floor and four bedrooms and a bathroom on the first floor. The dimensions of the dwelling are approximately 9.4m x 10.4m x 8.9m high with a ridge roof. The design of the dwelling includes a bay front to the lounge and master bedroom.

PLANNING HISTORY

Reference No. Description Decision Date 5/5/85/0674 Roads and Sewers in association with self Approved 14/02/86 build plots 5/5/89/0521 Eight dwellings Approved 29/09/89 5/5/92/0277 Outline residential Approved 19/06/92 5/5/94/0221 Trim 12 Trees Approved 26/05/94 5/5/95/0600 Fell seven trees Approved 14/02/86 P/00/0088 Plot 4, 4bed detached Approved 27/03/200 P/01/0956 Retain decking Approved 15/11/01 P/01/0761 Plot 4, 3bed detached Approved 12/10/98 P/01/1105 5 bungalows and one pair of semi’s Approved 27/02/02 P/03/0036 Conservatory, ext and decking at 3 Approved 28/02/03 Kingswood Close

POLICY

The site lies within the settlement boundary defined in Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan and is shown as a housing commitment in Policy H1 (26).

The development has been assessed against standard development control criteria contained in Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan, which is the principle mechanisms for achieving good design. Associated supplementary planning guidance contained in Design Guide 1 Building Better Places, is also relevant. Cont…. Application No. P/03/1539 Continued

National guidance contained in Planning Guidance (Wales) Planning Policy (paragraph 81) indicates that Local Planning Authorities should take account of the scope and potential for the redevelopment of land within urban areas for housing development which can assist in the regeneration of those areas for housing development and can make an overall contribution to the provision of land for housing.

National guidance also encourages good design to be the aim of all those involved in the development process. The guidance states that:-

“The appearance of proposed development, its scale and its relationship to its surroundings are material considerations.”

CONSULTATION

The Coal Authority has no adverse comments in respect of the application but advises that the responsibility for carrying out any development in a safe manner rests with the developer.

Hyder has no objection to the development but advises that foul and surface water discharges must be drained separately from the site in order to prevent hydraulic overload of the public sewerage system. It also confirms that the site is crossed by a public sewer and provide advice to be conveyed to the developer in respect of these issues.

Chief Engineer (Drainage) provides comments to be conveyed to the developer in respect of surface water drainage.

Chief Environmental Health Officer has no adverse comments in respect of the development.

Chief Engineer (Highways) has no objection subject to conditions.

Gelligaer Community Council raises no objection to the development.

The application has been advertised on site and neighbouring properties have been notified. One letter has been received stating that whilst there is no objection to the principle of residential development it should be ensured that all the trees subject of the Tree Preservation Order are protected.

ANALYSIS

The site lies within the settlement boundary for Hengoed as identified in the Deposit Caerphilly County Borough Unitary Development Plan and therefore the principle of residential development is acceptable. Outline planning permission for residential development was granted in February 1985. The principle of residential development has therefore been established. Cont…. Application No. P/03/1539 Continued

This application relates to the construction of four detached dwellings and associated road, as a further phase in the residential development of the former Lewis Girls School site. Access is to be derived from a continuation of the road off Bryn Terrace.

It is considered that the concerns of the Chief Engineer (Highways) may be addressed by the imposition of appropriate conditions concerning the design of the new road, the provision of turning facilities to accommodate construction plant and deliveries, and that no garages approved as part of the development, shall be physically altered or converted to any other domestic use, without the prior approval of the Local Planning Authority.

The appropriate amount of development on a particular site will depend upon the density and character of the surrounding development as well as the site features. In order to create a “sense of place” densities may need to be varied to take advantage of natural site features such as trees, watercourses, hedgerows and landforms. In this respect, the development of the site is constrained by virtue of the fact that the western, eastern and southern boundary of the application site, is covered by a Tree Preservation Order No.49 dated 1982. The trees occupy a prominent location within the landscape, any redevelopment of the site should reflect this importance and seek to secure their long-term well-being. The scheme now subject of this application has been amended in order to address any conflict with trees protected under the TPO and in this respect a proposed fifth detached dwelling has been withdrawn from the scheme. It is considered appropriate, in order to protect the long term well being of the protected trees and to maintain the amenity of residents occupying the dwellings that a condition is attached to any consent removing permitted development rights in respect of any extensions or outbuildings proposed within the curtilage of the site.

In all other respects, it is considered that the proposed scheme integrates with the surrounding context of the area. The layout proposed is considered to be acceptable in terms of setting, scale, density, layout and materials and does not have an adverse effect in terms of amenity or privacy to local residents.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) This permission relates to Plots 1A, 2A, 3A and 4A as shown on the amended site layout plan Drawing No 1463-01, and dated November, 2003. (3) Notwithstanding the submitted plans, no works whatsoever shall commence on site until full engineering details of the road layout with sections, street lighting and surface water drainage have been submitted to and approved by the Local Planning Authority. Such details as approved shall be implemented, save for the final carriageway wearing course before the occupation of any dwelling. The application of the final wearing course shall be carried out within 6 months of the occupation of any dwelling hereby approved or at any time to be agreed in writing with the Local Planning Authority.

Cont…. Application No. P/03/1539 Continued

(4) The means of access from the public highway together with turning facilities shall be completed in accordance with details to be submitted to and agreed with the Local Planning Authority prior to the occupation of any dwelling hereby approved. (5) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that order) the garages approved as part of this development shall not be physically altered or converted to any other domestic purpose without the prior approval of the Local Planning Authority. The garages shall be made available at all times for the parking of motor vehicles associated with the residential use of the dwellings hereby approved. (6) The dwellings shall not be occupied until the area indicated for the parking of vehicles has been laid out in accordance with the submitted plans to the satisfaction of the Local Planning Authority and that area shall not thereafter be used for any purpose other than the parking of vehicles. (7) This consent does not extend to the felling or lopping of any trees on the site that are protected by a Tree Preservation Order and details of measures to be taken to ensure that the trees and their root balls are not damaged in any way shall be in accordance with British Standards 5837:1991, such details to be submitted and agreed in writing with the Local Planning Authority and implemented before any works commence on site. (8) No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping which shall include indications of all existing trees and hedgerows on the land and details of any to be retained together with their measures for their protection in the course of development. Thereafter the scheme shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development whichever is the sooner and any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species. (9) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order) (with or without modification), no extensions or outbuildings shall be erected within the curtilage of the dwellings hereby approved without the prior approval of the Local Planning Authority. (10) Notwithstanding the submitted plans no works whatsoever shall commence on site until full engineering details of the footpath link onto Kings Hill with sections, street lighting and surface water drainage have been submitted to and approved by the Local Planning Authority. Such agreed details shall be implemented before any of the dwellings hereby approved are occupied.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) For the avoidance of doubt as to the plans hereby approved. (3-6&10) In the interests of highway safety.

Cont..... Application No. P/03/1539 Continued.

(7&8) In order to ensure that the trees subject of the Tree Preservation Order No.49, are protected through the course of development and in the interests of visual amenity. (9) In the interests of amenity and to ensure the integrity of the trees subject of the Tree Preservation Order No.49 dated 1982.

Advisory Note

The applicant be advised of the comments of the Chief Engineer (Highways and Drainage), The Coal Authority, Hyder, Transco and Western Power Distribution. ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0059 Mr. C. Denman, Change the use of part of sawmill 15/01/04 Denman & Sons, to store and retail area, new layout New Road, for parking and relocation of Tiryberth, polytunnels at Builders Supplies, Hengoed. New Road, Tiryberth, Hengoed.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Permission is sought to change the use of part of an existing sawmill at Denmans Builders Supplies to a retail area and stores. An additional 360 square metres of retail space would be created within the existing building. Part of the front elevation of the existing building would be removed and a new-pitched roof entrance porch constructed. The roof and walls would be refurbished and covered in composite profiled sheeting, goosewing grey in colour.

Additional car parking will be provided at the front and rear of the premises. This application presents a revised parking arrangement at the rear of the premises to that granted permission (Ref. P/03/1199) in December 2003. The revised layout results in the need to relocate two poly-tunnels (approximately 4 metres by 12 metres each in size) from the garden centre area next to the back of the existing showroom to a position next to two existing poly-tunnels and approximately 3 to 6 metres from the eastern boundary of the site.

PLANNING HISTORY

Reference No. Description Decision Date 5/5/89/0667 Use buildings as timber workshop and Withdrawn 22.01.96 erect warehouse and showroom for Builders Merchants 5/5/95/0677 Retail food store Refused 16.01.96 P/99/0216 Poly-tunnels Approved 06.05.99 P/01/0003 Poly-tunnels Approved 15.02.01 P/03/1199 Change of use of part of sawmill to stores Approved 05.12.03 and retail area and create new layout for car parking

POLICY

Relevant policies in the Deposit Caerphilly County Borough Council Unitary Development Plan ‘Proposed Modifications’ are Policy DC1 (general development control criteria), Policy DC2 (definition of settlement boundaries) and Policy R6 (small retail proposals outside town, district and local centres).

Cont…. Application No. P/04/0059 Continued

PUBLICITY

There has been no response to the neighbour notification and site notice.

CONSULTATION

Chief Engineer (Highways) raises no objection subject to the provision of adequate vision splays and the proposed car parking being available before the occupation of the new retail use.

Chief Engineer (Drainage) notes that the existing drainage system will not be affected by the proposals.

Chief Environmental Health Officer comments on the proposed parking layout and of the need to ensure segregation between vehicle and pedestrian movements within the site.

ANALYSIS

The site lies within the settlement boundary as defined in Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan and therefore in principle the development is acceptable.

The proposal is not located in a defined town, district or local centre as such stores are best suited to locations outside these defined centres. The total floor area of the building is 862.5 square metres, therefore the proposal is classed as a small retail proposal in policy terms. Accordingly Policy R6 applies. This Policy states:-

“Outside the town, district and local centres defined in Policies 1R and R1, new small scale retail units, or proposals for change of use to small retailing units, will not be permitted if the proposal, either in itself, or cumulatively with other approved retail developments, recently completed developments, and plan commitments would undermine the vitality and viability of those defined centres:-

A. Unless the proposal is to serve neighbourhood need; or,

B. Unless the proposal is ancillary, and appropriate, to another commercial use.”

It is not considered that the proposal would undermine the vitality and viability of the centres defined in Policies 1R and R1 and therefore the proposal is acceptable in policy terms.

The changes to the building are considered acceptable in design terms, subject to the colour of the external finishes being agreed.

The revised parking layout is acceptable and addresses issues of safety of pedestrians as they move into and out of the building.

Cont….

Application No. P/04/0059 Continued

The position of the two relocated poly-tunnels is close to the eastern boundary with curtilages of residential properties. The site is elevated above the gardens, and there are some trees on the boundary that assist in screening the site. However, whilst the public visiting the premises would not have access to the polytunnels, it would be beneficial to enhance the screening of the polytunnels by erecting a fence adjacent to them.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) The space within the curtilage of the site to be used for the parking of vehicles and the means of access thereto shall be constructed, surfaced and laid out before the development is brought into use and be thereafter properly maintained, and in accordance with details which shall have been submitted to and approved by the Local Planning Authority. (3) No obstruction or planting when mature, exceeding 900 mm in height, or any display materials, shall be placed within the required vision splay of 4.5 x 90 metres at the entrance to the site from the public highway. (4) Notwithstanding the submitted drawings, the colour of the external finish of the building shall be agreed with the Local Planning Authority. (5) Prior to any works associated with the erection of the polytunnels, their precise position shall be agreed on site with the Local Planning Authority. (6) A screen fence, of a length, height and design and in a position to be agreed with the Local Planning Authority shall be erected on the eastern boundary of the site adjacent to the proposed polytunnels before the polytunnels are erected. (7) Prior to the commencement of any works on the eastern boundary of the site, measures for the protection of the existing trees shall be agreed with the Local Planning Authority. The agreed measures shall be implemented in full.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2&3) In the interests of highway safety. (4) In the interests of visual amenity. (5) In order to retain effective control over the development. (6) In the interests of residential amenity. (7) To ensure the satisfactory protection of the trees.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0073 Forest Enterprise, Form loading facility at Coed 15/01/04 Forestry Civil Engineering, Llwyn Du, Hafodyrynys, Crumlin. Llanfair Road, Llanymddyfri, Carmarthenshire.

APPLICATION TYPE: CROWN DEVELOPMENT

SITE AND DEVELOPMENT

This is a notification of Crown Development. Planning permission is not required to carry out these works but the Crown seeks the Council’s observations.

The notification relates to the construction of a loading bay that is to be used by the Forestry Commission for timber harvesting. It is to be located approximately 300m north east of Pantside on the western side west of the mountain road that links Pantside to Hafodyrynys, at its junction with the unnamed mountain road that runs to Abercarn via Mynydd Maen Common. The bay would be approximately 60m in length and 7m wide. It would be constructed in locally won stone and would be topped off with stone scalpings. Some land forming will be required to level the bay and produce an acceptable grade for vehicles to use. The notification indicates that traffic will approach from Pantside and exit towards Hafodyrynys, furthermore the bay will be closed off when harvesting operations are complete. No landscaping details are submitted.

The site lies in an elevated position on the mountain but it is relatively well screened from distant views. The only significant view into the site will be from the adjoining mountain road.

PLANNING HISTORY

There is no planning history related to this site.

POLICY

The site lies in open countryside. The Gwent County Structure Plan 1991-2006, identifies the area as one, in which Special Landscape areas will be identified by Local Plan (Policy C5). The Adopted Islwyn Local Plan 1991-2001 does not designate the site as lying within a Special Landscape Area.

The Deposit Caerphilly County Borough Unitary Development Plan (Proposed Modifications) July 2003 also allocates the land to open countryside. Policy C1 of the Plan has a general development in the countryside policy that only permits development where it will not a harmful impact upon the character, amenity, landscape and nature conservation value of the area.

Cont…. Application No. P/04/0073 Continued

CONSULTATION

Chief Engineer (Highways) raises no objection.

Chief Engineer (Drainage) indicates that surface water should not run on to the adjoining public highway and that during construction surface water run off, soil and other debris should be controlled within the site and not allowed to run onto the adjacent public highway.

The notification has been publicised by site notice. No representations have been received as a consequence.

ANALYSIS

The proposal lies in a relatively well-concealed location where there will not be any significant impact upon the character or openness of the countryside. This is a functional development that is required for routine economic activity of timber harvesting. In terms of minor detail it would be preferable to see that the embankments of the loading bay appropriately landscaped. This could be adequately achieved by grass seeding and/or use of turfs won by excavation of the site.

The comments of the Chief Engineer are noted and should be forwarded.

The proposal is considered to be acceptable in planning terms.

RECOMMENDATION that:-

No objection be raised and the Crown be asked to landscape the necessary embankment either with grass seeding and/or a combination of turfs won from excavation.

Advisory Note

The Crown be advised of the comments of the Highway Engineer in terms of land drainage.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1608 Alexander & Parsons Ltd., Retain new retaining wall at rear of 08/12/03 89A Commercial Street, Plots 5, 6, 7, & 8 at Ty Mawr Farm, Risca, Heolddu Road, Gelligroes, Newport. Pontllanfraith.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

The application seeks permission for a 57m long retaining wall already constructed on the eastern edge of the Ty Mawr Farm housing development at Gelligroes, which is currently nearing completion. The site had sloped down quite steeply towards this boundary and the wall was constructed to allow flatter rear gardens to be achieved for four of the plots within the development. The external face of the wall has been rendered. A 1.2m high close-boarded fence has been erected on top of the wall and this forms the enclosure for the rear gardens of the dwellings, although a strip of land approx 3.5m wide below the wall is included within the curtilage of the plots. This strip contains a retained line of hedgerow trees. Flights of steps are proposed from each plot to the strip of land below the wall to allow access for maintenance. The two middle plots would have timber steps with open risers, and the end plots would have a short flight of concrete steps at either end of the wall.

The height of the wall itself measured from the ground level below is 3m, which together with the fence presents a total enclosure height of 4m to three dwellings below within the Ger-y- Felin development. These dwellings are set at a lower level again than the base of the wall and the rear elevations of the dwellings are at a distance ranging from 18-23m from the wall. The base of the wall is obscured by the close-boarded fence, forming the rear boundary of these dwellings, and the retained hedgerow trees provide some screening. Supplementary planting is proposed, together with climbing plants at the base of the wall.

PLANNING HISTORY

Reference Description Decision Date No. P/03/0902 Conservatory/garage conversion-Plot 5 Approved 05/09/03 P/02/1315 Erection of 8 dwellings Approved 04/03/03

POLICY

Cont…. Application No. P/03/1608 Continued

The development has been assessed against the general Development Criteria contained in Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan.

CONSULTATION

Chief Engineer (Drainage) has no comment to make on the application.

Occupiers of dwellings around the development were notified of the application and two letters of objection have been received from occupiers of dwellings on Ger-y-Felin that back on to the wall. The main grounds of objection can be summarised as follows:-

− the wall impairs the view from their properties;

− the raising of ground levels on the Ty Mawr site has resulted in the dwellings being built at a higher level which affects their privacy;

− the raising of ground levels behind the wall may cause drainage problems;

− there are concerns regarding the stability of the wall.

ANALYSIS

It is accepted that the retaining wall presents a stark and overbearing appearance when viewed from the rear windows and rear gardens of the dwellings on Ger-y-Felin. This effect could be ameliorated by reducing the height of the wall however, the new dwellings on Ty Mawr Farm are at a considerably higher level (approx 7m) and if the height of the retaining wall were reduced the potential for overlooking by occupiers of the new dwellings, when in the dwellings and the gardens, would be increased.

The issue of visual amenity must, therefore, be weighed against the issue of privacy. It is considered on balance that the residential amenity of the dwellings on Ger-y-Felin would be best served by the retention of the wall as built but with the requirement of additional planting, including climbing plants, to soften its impact.

The objectors’ other concerns are addressed as follows:-

− Slab levels of the new dwellings-there is no evidence that the actual slab levels exceed approved levels;

− Drainage-the Chief Engineer (Drainage) has no comments to make on the application;

− Stability-structural calculations were submitted and have been found to be satisfactory.

Cont…. Application No. P/03/1608 Continued

It is recommended that permission be granted subject to a condition requiring further screen planting.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following condition:-

Notwithstanding the submitted details, a scheme for supplementing the existing hedgerow trees and for climbing plants at the base of the wall shall be submitted for the approval of the Local Planning Authority within one month of the date of this permission. The approved scheme shall be implemented in the first planting season following such approval, and any trees or plants which, within a period of five years from the end of that planting season die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation.

The reason for the Council’s decision is:-

In the interests of the visual and residential amenity of adjoining occupiers.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0092 Director of Education, Construct new car park at Pantside 22/01/04 Education Offices, Primary School, Old Pant Road, C.C.B.C., Newbridge. Caerphilly Road, Ystrad Mynach, Hengoed.

APPLICATION TYPE: DEEMED CONSENT

SITE AND DEVELOPMENT

Permission is sought for the construction of a car park within the curtilage of Pantside Primary School in order to consolidate car parking on the site away from the buildings. The car park would be constructed on an area of grassed slope fronting Old Pant Road immediately to the north of the main access; it would also have a frontage to Stonerwood View. The area is approximately 45m long by an average of 20m wide and would be finished in tarmac.

PLANNING HISTORY

Reference Description Decision Date No. P/02/0456 Siting of mobile classroom Approved 13/06/02 P/00/0497 Siting of mobile classroom Approved 06/07/00

POLICY

The site lies outside and adjoining the Settlement Envelope as defined by Policy H5 of the Adopted Islwyn Local Plan and within the Settlement Boundary as defined by Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan (Proposed Modifications). The development has been assessed against the general Development Criteria contained in Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan.

CONSULTATION

Chief Engineer (Highways) raises no objection.

Occupiers of dwellings opposite the site were notified and a site notice displayed. No letters of representation had been received at the time of preparing this report.

Cont…. Application No. P/04/0092 Continued

ANALYSIS

The use of this part of the school site for the purpose proposed is considered to be acceptable in principle and there would remain sufficient grassed area within the curtilage for formal and informal recreation and for amenity value. The parking area would be accessed from the drive close to the entrance gates, segregated from the areas where there are pedestrians including children.

However, the site in question is in a prominent position and open to view from beyond the school boundary; it is, therefore, recommended that permission be granted subject to a condition requiring that a scheme for the landscape screening of the parking area be agreed and implemented.

RECOMMENDATION that Deemed Consent be GRANTED

This permission is subject to the following condition:-

A landscaping scheme for screen planting around the perimeter of the parking area shall be submitted for the approval of the Local Planning Authority within one month of the commencement of work on site. The approved scheme shall be implemented in the first planting season following the completion of the development, and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation.

The reason for the Council’s decision is:-

To achieve satisfactory screening of the development in the interests of visual amenity.

Advisory Note

The applicant be advised of the comments of the Chief Engineer (Drainage). ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1656 G.B. Engineering (Wales) Ltd., Vary Condition (12) of outline 03/12/03 Croespenmaen Industrial Estate planning permission P/02/0753 at Croespenmaen, Old Bevin Boys Site, Crumlin. Croespenmaen, Crumlin.

APPLICATION TYPE: NON COMPLIANCE WITH COND

SITE AND DEVELOPMENT

This application relates to an outline planning permission (P/02/0753) granted for residential development on land comprising of the Old Bevin Boys site and builders merchants at Croespenmaen. Condition (12) of the permission states:-

“The area indicated as public open space in the plan submitted on the 28th April, 2003 shall only be used as public open space and for no other purpose whatsoever.”

The area of land the condition refers to lies on the western side of the application site and encloses an area of approximately 0.24 hectares being 40m x 64m.

The application now being considered in effect wishes to vary this condition to enable the dimensions of that open space allocation to be varied. It would be increased to a width of 46m and a depth of 60m increasing the open space allocation to approximately 0.27 hectares.

PLANNING HISTORY

Mynyddislwyn Urban District Council Application Number 2121 granted consent for the demolition of existing buildings and granted approval for the erection of a new building for pen manufacturing 1974.

Islwyn Borough Council 4839 consent for prefabricated storage unit was granted in 1982.

Islwyn Borough Council 4878 refused permission to redevelop the site for industrial units in 1992.

P/00/0896 refused permission to erect residential development. The application was in outline and it was refused on the 4th January, 2001.

P/01/0057 refused the issue of a Lawful Development Certificate for storage purposes on the 19th April, 2001.

APP/154 appeal against refusal of P/01/0057 resulted in the inspector issuing a certificate of lawful development for storage use by G.B. Engineering only.

Cont…. Application No. P/03/1656 Continued

P/01/0160 refused permission for the erection of residential development on part of the current application site.

APP/171 appeal against the refusal of P/01/0160. The appeal was dismissed on the grounds that the development would be incompatible with the adjoining storage, and builders’ merchants uses.

P/02/0753 granted permission for residential development on 7th July, 2003.

POLICY

Policy H12 of the Adopted Islwyn Local Plan 1991-2001 seeks to ensure that there is a public open space provision within all new housing developments. The policy applies the National Playing Field Associations of 6 acre per 1000 population standard. The Deposit Caerphilly County Borough Unitary Development Plan (Proposed Modifications) January 2003 seeks to secure the provision of well designed open space and appropriate children’s play facilities on all new developments of 25 or more dwellings, alternatively an off site contribution would be sought for the provision. Its outdoor sports provision policy seeks to secure that there is sufficient outdoor sports provision for larger developments. Where the development is of 40- 199 houses a contribution will be sought for the creation of or improvement of an existing recreation space in the catchment of the site.

CONSULTATION

No comments have been received.

Neighbour notification letter and site notice have advertised the application. No representations have been received as a consequence.

ANALYSIS

This is an application to vary a condition relating to open space provision. The land affected is designated as informal recreation space by the Deposit Caerphilly County Borough Unitary Development Plan. It is also open space allocated by Policy CEP5 (7) of the Adopted Islwyn Local Plan. The proposal improves the open space allocation provided at present and it is consistent with the land use allocation of the current and Deposit Caerphilly County Borough Unitary Development Plan. There is no planning reason to oppose the proposal.

The applicant's agent has indicated that the applicant wishes to maintain the ability to access land to the west of the application site from the Bevin Boys site and condition 12 as it stands would prevent this. It should be remembered that this application is not made to create an access, it is simply to vary the condition. It would appear that the applicant wishes to maintain the potential for development of the land west of the application site by not prejudicing such an access.

Cont…. Application No. P/03/1656 Continued

Whilst this may not be consistent with the development plan, the application now being considered should not be used to frustrate such ambitions. The land provided adequately meets the 6 acre standard and is sufficient to serve the needs of the development as previously determined by Application No. P/02/0753.

This consent if granted, will constitute a separate planning permission to that originally granted, and therefore the original conditions should be reiterated with a modified Condition (12). This will in effect extend the life of the outline permission, but there are no planning reasons to object on that ground.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) Approval of the details of the siting, design and external appearance of the building(s) the means of access thereto and the landscaping of the site (hereinafter called “the reserved matters”) shall be obtained from the Local Planning Authority in writing before any development is commenced. (2) Plans and particulars of the reserved matters referred to in Condition (1) above, relating to the siting, design and external appearance of any buildings to be erected, the means of access to the site and the landscaping of the site, shall be submitted in writing to the Local Planning Authority and shall be carried out as approved. (3) Application for approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. (4) The development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later. (5) The details submitted in accordance with Condition (1) above shall provide for the site to be served by a single means of vehicular access from the route B4251 from the existing traffic signal controlled junction fronting the site. Details of the junction’s construction, configuration and phasing shall be agreed with the Local Planning Authority and supported by a traffic impact assessment and junction analysis to justify the proposed configuration. Once approved the junction shall be constructed in accordance with the agreed details and no other vehicle accesses shall be created without the prior approval of the Local Planning Authority. (6) The development will provide access to the existing residential development on Manmoel Road in a manner and in accordance with details to be agreed with the Local Planning Authority. (7) No development shall take place until there has been submitted to, and approved by, the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of development. Thereafter the scheme shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. Cont…. Application No. P/03/1656 Continued

(8) Details of a scheme for the screening of the site shall be submitted to and approved in writing by the Local Planning Authority as part of the detailed submissions to be agreed with the Local Planning Authority and this shall take account of the proximity of the adjoining existing and future industrial estates. (9) The details submitted in compliance with Condition (1) above shall include the proposed means of providing a comprehensive and integrated drainage of the site and they shall show how foul, surface and land water will be disposed of. Thereafter no dwelling shall be occupied until it is served by the approved drainage system. (10) The details submitted in compliance with Condition (1) above shall include a ground investigation to establish the presence or not of contaminants. A scheme of insitu testing and recording shall first be agreed in writing with the Local Planning Authority and thereafter the testing shall be carried out in accordance with the scheme. If any contamination is discovered the ground investigation shall include measures for its remediation. (11) The details submitted incompliance with Condition (1) above shall include car parking on a scale indicated in the parking guidelines prepared by the Standing Conference on Regional Planning in South Wales. The parking facilities shall be constructed before the dwelling associated therewith is occupied. (12) An area of public open space measuring no less than 46m x 60m in area shall be located on the western side of the application site, which shall not be used for any other purpose whatsoever. (13) The details submitted in compliance with Condition (1) above shall include a pedestrian and maintenance access to the eastern side of the proposed public open space.

The reasons for the Council’s decision are:-

(1) The application is made in outline only and to ensure that the development shall be carried out in an orderly and satisfactory manner. (2&3) To comply with the provisions of Section 92 of the Town and Country Planning Act 1990. (4) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (5,6&11) In the interests of highway safety. (7) In the interests of visual amenity. (8) In the interests of residential amenity. (9) To prevent hydraulic overload of the public drainage system and pollution of the environment. (10) In order to ensure that any past pollution of the site is discovered and properly remediated in the interests of the health and amenity of the future residents of the dwellings. (12) In order to ensure that the development is served by adequate public open space provision in accordance with National and Local Planning Policies. (13) In order to ensure that the public open space is served by an adequate means of pedestrian and maintenance access.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1652 Mr. D.R. Lewis, Erect domestic garage at ground 18/12/03 76 Penylan Road, opposite Rhiwr Eglwys Farm, Argoed, Argoed. Blackwood.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Full planning permission is sought for the erection of a domestic garage to be constructed at ground opposite Rhiw’r Eglwys Farm, Argoed. The proposed site is located 50 metres east off the B4511 at the top of Pen-y-Lan Road. To the west of the proposed development there is an existing garage, and to the east there is a field. The proposed garage is 25 metres away from the front of the houses at Pen-Rhiw’r Eglwys Farm.

The dimensions of the garage are 6.35 metres in width x 8.25 metres in length with a pitched roof rising to a height of 4 metres. The materials to be used include a timber frame with plastic coated metal sheets. Construction work has already commenced in advance of the determination of this application.

PLANNING HISTORY

Application No. Description Decision Decision Date P/03/1380 Create two Refused 12.04.03 residential building plots

POLICY

The site lies outside the settlement boundary area as defined by Policies DC2 of the Deposit Caerphilly County Borough Council Unitary Development Plan (1996 - 2011). Policy DC2 states:-

“In order to protect the identity and vitality of individual settlements, development beyond the settlement boundary as defined on the proposals map will not be permitted except for:-

A. Development associated with agriculture, forestry and the winning and working of minerals;

B. The conversion, rehabilitation and replacement of rural buildings and dwellings;

C. Recreation and leisure proposals;

Cont…. Application No. P/03/1652 Continued

D. Development associated with the provision of public utilities, infrastructure and waste management, which cannot be located elsewhere.”

The countryside cannot be preserved without change but should be allowed to develop in a sustainable manner. Policy C1 of the Deposit Caerphilly County Borough Unitary Development Plan (1996-2011) states:-

“Development in the countryside will only be permitted where it will not have a harmful impact on the character, amenity, landscape and nature conservation value of the area.”

The development has been assessed against the standard development criteria Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan.

CONSULTATION

Chief Engineer (Highways) raises an objection to the proposal, the reasons are that:-

1. The proposed garage obstructs the highway and creates hazards for all classes of highway user.

2. It obstructs visibility for vehicles emerging from the adjacent garages to the detriment of highway safety.

Neighbouring properties were consulted and the application was advertised on site. One letter of objection has been received. The objections can be summarised as follows:-

1. The projected building is too high. The view from their house would certainly be impaired.

2. The applicant is not the owner of the land.

3. The garage is too near the road, leaving no grass verge or footpath at this dangerous point in a narrow lane.

The local County Councillor has also expressed concern about the proposal on behalf of local residents.

ANALYSIS

The application has been examined in three parts; firstly as a development outside the settlement boundary; secondly from a design perspective and finally the issues raised by the Chief Engineer.

Cont…. Application No. P/03/1652 Continued

The proposed garage is outside the settlement boundary for Argoed as defined by Policy DC2. However, as the garage is going to be built near the settlement boundary and next to an existing garage, it is considered that the proposed development outside the settlement boundary is acceptable in this instance.

It is considered that the proposed development is in accordance with Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan in that the proposed garage is of an acceptable scale, design and form.

The loss of a view is not a material planning consideration.

The applicant has certified that he owns the land. Therefore the Council can determine the application. Any dispute over land ownership is a private matter.

However, the Chief Engineer has raised an objection to the submitted proposal on the grounds that the proposed garage obstructs the highway and creates hazards for all classes of highway user and obstructs visibility for vehicles emerging from the adjacent garages to the detriment of highway safety.

RECOMMENDATION that Permission be REFUSED

The reason for the Council’s decision is:-

The proposed garage obstructs the highway and creates hazards for all classes of highway user and obstructs visibility for vehicles emerging from the adjacent garages to the detriment of highway safety. ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1553 Mr. D. Hawkins, Convert cowshed into dwelling at 20/11/03 Pencwarrau Farm, Pencwarrau Farm, Markham. Markham, Blackwood.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application proposes the conversion of a detached cowshed with hayloft over, which is situated to the west of the existing farmhouse on this holding which is situated on a high exposed ridgeline overlooking the Rhymney Valley. The farm currently enjoys two means of access from adopted highways. The mostly used access is onto the road leading down to New Tredegar from Markam Common, whilst the alternative access route is along a track from the farm yard which goes east to connect with the mountain road leading to Tredegar to the north. The proposal is to convert the existing building into a two storey dwelling, three bedroom dwelling, the application proposes single storey conservatory extension at the ground floor on the western side, and extensions in the form of a laundry room and a porch.

The application is supported by a structural survey of the building and a report into a survey carried out in relation to the possibility of protected species existing in the building.

PLANNING HISTORY

There is no recent planning history.

POLICY

The site lies within a Special Landscape Area within the Deposit Caerphilly County Borough Unitary Development Plan, Policy C11 states that:-

“Within these areas development will only be permitted where it can be demonstrated that there are no harmful impact on features of landscape interest or nature conservation importance.”

Policy C6 of the Deposit Caerphilly County Borough Unitary Development Plan allows for the appropriate conversion and rehabilitation of buildings in the countryside subject to the following criteria:-

− the building is structurally sound and capable of conversion without external alteration or reconstruction;

− the character of the existing building is respected;

− the proposed use is compatible with adjoining land-uses; Cont…. Application No. P/03/1553 Continued

− satisfactory parking and access is made.

CONSULTATION

Chief Engineer (Highways) has no objection to the proposal subject to conditions including the permanent closure of the existing vehicular access from the adopted highway to the west.

Argoed Community Council recommends that the application be refused on grounds relating to the access and concern over adequate water supply.

Gwent Wildlife Trust has highlighted the requirements of the Wildlife and Countryside Act 1981 in relation to Barn Owls and Bats.

The Campaign for the Protection of Rural Wales states that provided that the development conforms with Policy C6 of the Deposit Caerphilly County Borough Unitary Development Plan, and there is a high standard of design to reflect its position within a Special Landscape Area, it would offer no objection.

ANALYSIS

The proposal is considered to be a sympathetic conversion of a building, the majority of which is in sound condition. All ad hoc extensions to the original structure are to be removed, the proposed extension on the western side has been amended to a more traditional form.

The existing curtilage to the south and west are defined by a walled paddock and a severe change in levels respectively, with parking available in the existing farmyard.

The survey into protected species found no evidence of the building being utilised, which given the exposed and high nature of the farm is to be expected.

In relation to the water supply the farm is supplied by mains water via a private holding tank and pump bringing water from the mains supply which runs to the west of the farm.

The access to the site is extremely poor from the west with a poor alignment where the farm track junctions with the adopted highway, and a very steep and poorly surfaced track leading up to the farm house and the building the subject of conversion. The alternative route junctions at right angles with the adopted highway and is considered to be a far safer access. A condition requiring the closure of the western access is attached to the recommendation. The application is accordingly recommended for approval, additional conditions relating to restricting permitted rights and ancillary buildings are also recommended.

RECOMMENDATION that Permission be GRANTED

Cont…. Application No. P/03/1553 Continued

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) This permission shall relate to the amended plans received on the 17th February, 2003. (3) Prior to the dwelling hereby approved being occupied, the existing vehicular access leading from the farmyard to junction with the adopted highway running to the west of the farm shall be permanently closed to vehicular traffic in a manner to be submitted to and agreed with the Local Planning Authority. Thereafter all vehicular traffic shall gain access from the adopted highway to the east of the farm as indicated on the approved plan. (4) Prior to the dwelling being occupied the existing access shall be surfaced in permanent materials over the first 10m of the access from its junction with the adopted highway to the east of the farm (5) Prior to the commencement of work on site, the external finishes to the proposed dwelling shall be submitted to and agreed with the Local Planning Authority. These details shall include materials for roof coverings, rainwater goods, doors, window frames including rooflights indicated on the approved plan. (6) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no extensions to the dwelling hereby approved or detached buildings within the residential curtilage hereby approved shall be erected without the prior approval of the Local Planning Authority.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) For the avoidance of doubt. (3&4) In the interests of highway safety. (5&6) In the interests of visual amenity.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1594 Department of Economic Erect six 5,000 sq.ft. industrial 04/12/03 Development, units with associated roads and C.C.B.C., service areas at Plateau 2, Oakdale Nelson Road, Business Park, Oakdale. Tredomen, Ystrad Mynach.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application seeks full permission to erect six industrial units on the north-western part of Plateau 2 at the Oakdale Business Park. The site is located adjacent to the recently constructed council units. It comprises of approximately 3.77 hectares and is irregular in form. The land is level. The buildings proposed are typical of modern industrial buildings being of a steel portal frame construction, clad with buff coloured composite sheet steel panels and glass walls and “off white” colour on the curved roof. Each would have an internal floor area of 465 sq. metres, 44 of which would be office space to serve the unit. The height of the buildings would be 8 metres. The buildings would be arranged about a central access road that would continue that serving the existing neighbouring units. Service yards would be provided to the rear of the buildings. Off street parking spaces would be provided for each between the units. Only illustrative landscaping details are provided.

PLANNING HISTORY

Ref No Application Description Decision

2/11988 Reclamation of former Oakdale Colliery Approved Approved 1984 1984. P/98/0128 Industrial Development for B1, B2 and B8 purposes. Approved 1998

These permissions approve the land reclamation and the subsequent after use of the land.

POLICY

The Gwent County Structure Plan Policy E2 (xi) identifies the Oakdale/Penyfan as one of fourteen locations to which the majority of industrial and business uses are directed to within the county. Proposal EP2(1) of the Adopted Islwyn Local Plan identifies 63 hectares of land at the former Oakdale Colliery for B1, B2 and B8 uses. The Deposit Caerphilly County Borough Unitary Development Plan is a material consideration upon which considerable weight should be placed given its advanced stage of preparation. Its Policy E1(6) allocates 67.6 hectares of land at the former Oakdale Colliery for B1, B2 and B8 uses; and Policy E2 (vi) directs industrial and business uses to the Oakdale/Penyfan area. Standard development criteria policies have been considered along with The Oakdale Draft Design Brief.

Cont…. Application No. P/03/1594 Continued

CONSULTATION

The Coal Authority indicates that in view of the mining circumstances a prudent developer would seek appropriate technical advice before undertaking any works on site, there being seven seams of coal at depths between shallow and 660 metres.

Transco indicates that it has no apparatus within the application site.

The Environment Agency has no objection to the proposal and recommends conditions in the event that fuel, chemical or oil storage is proposed or the parking areas are constructed of an impermeable material. It also provides advice that should be forwarded to the applicant.

Hyder has no objection to the proposal and recommends conditions to prevent hydraulic overload of the public sewerage system and to protect its integrity. It further provides advisory notes that should be forwarded to the applicant.

Chief Environmental Health Officer raises no objection to the proposal subject to conditions designed to prevent noise and light pollution.

Chief Engineer (Drainage) raises no objection to the proposal. He provides a series of advisory notes that should be forwarded to the applicant.

Chief Engineer (Highways) raises no objection to the proposal subject to the conditions recommended below.

Western Power Distribution indicates that it has no apparatus within the site.

Gwent Police notes that there has been a rise in crime in relation to industrial/commercial estates across the county borough. It asks that consideration be given to building the development under the “Secured by Design” scheme.

PUBLICITY

A neighbour notification letter, site notice and press notice have advertised the application. No representations have been received as a consequence.

ANALYSIS

The proposal is clearly consistent with the objectives of the Development Plan and is therefore acceptable in principle. Turning to the detail of the proposal the buildings design, external appearance, means of access and landscaping are also considered acceptable subject to the conditions recommended below. The design and layout as conceived should result in a high quality development, broadly in line with the Council’s objective of obtaining good design. The building and concept of the proposal is broadly in accord with the Council’s draft design brief for the site.

Cont….

Application No. P/03/1594 Continued

The comments of consultees have been noted and none of these indicate that there are any insurmountable constraints to the development.

The comments of the Coal Authority are noted, the land reclamation scheme should have reasonably addressed any outstanding land stability problems, nevertheless, it is prudent to demonstrate this by the submission of an appropriate ground investigation.

The comments of the Chief Engineer and the Chief Environmental Health Officer are noted and appropriate conditions are recommended to protect the residential amenity of dwellings in the nearby settlements and the safety of highway users.

The proposal is considered acceptable in planning terms.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) No buildings shall be occupied until the area indicated for the parking of vehicles has been laid out in accordance with the submitted plans and that area shall not thereafter be used for any purpose other than the parking of vehicles. (3) No obstruction or planting when mature, exceeding 900mm in height shall be placed within the required vision-splay areas of 4.5 x 50m at the junctions of the access road and cul- de-sac, 3m x 50m at individual and shared unit accesses, and 3m x site frontage at the unit accesses on the access road where affected by the development. (4) The service areas shall be maintained free of obstruction for the parking, turning, loading and unloading of service vehicles only unless otherwise agreed in writing with the Local Planning Authority. (5) The proposed means of access from the public highway shall be laid-out and constructed in materials as approved by the Local Planning Authority before the occupation of any unit commences. (6) Notwithstanding the submitted plans, no works whatsoever shall commence on site until full engineering details of the road layout with sections, street-lighting and surface-water drainage etc. have been submitted and approved by the Local Planning Authority. (7) A scheme for the means of enclosure of the development shall be submitted to and agreed in writing with the Local Planning Authority and thereafter implemented in full before the development is first occupied. (8) Details of any floodlighting and other external lighting shall be submitted to and agreed in writing with the Local Planning Authority before any part of the buildings hereby approved is occupied. The development shall be carried out in accordance with the agreed details and no floodlighting or external lighting shall be provided at the premises without the approval of the Local Planning Authority. (9) No industrial processes or storage shall take place outside the buildings hereby approved unless they take place within designated screened areas, details of which will be first agreed in writing with the Local Planning Authority.

Cont…. Application No. P/03/1594 Continued

(10) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any order revoking and re-enacting that order with or without modification, no plant or machinery shall be provided at the site whether freestanding or as an extension, addition or alteration to a building hereby approved without the approval of the Local Planning Authority. (11) Noise levels generated at the site shall not exceed 50 dB(A) Leq (5 mins) between 2300 hours and 0700 hours at the southern and south western boundary of the plateau and shall not exceed 45 dB(A) Leq (5 mins) at the south eastern boundary; all measurements to be taken in accordance with the criteria laid down in British Standard 4142 method 4 rating industrial noise affecting mixed residential industrial areas or any documents or any standard revoking and re-enacting this standard. (12) A scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water and land drainage will be dealt with shall be submitted to and agreed in writing by the Local Planning Authority prior to commencement of the construction of the building on site. Once approved the scheme shall be implemented in full prior to the occupation of the building hereby approved. (13) Before any development commences the developer shall carry out an investigation of the underground strata (the results of which shall be submitted to the Local Planning Authority) in order to satisfy himself as to the stability of the site and the measures which should be taken to mitigate against the risk of subsidence. Details of the design of the foundations of the proposed building(s) and/or proposals for ground treatment shall take account of the result of the investigation and shall be submitted to and agreed with the Local Planning Authority before development commences. The foundations and/or ground treatment shall thereafter be completed in accord with such details as may be approved. (14) Not withstanding the submitted details no development shall take place until there has been submitted to, and approved by, the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of development. Thereafter the scheme shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. (15) This permission extends to drawing number 2975/pl/30a and shall include the content of the letter of 10th February, 2003 submitted by Boyes Rees Architects.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2-6) In the interests of highway safety. (7&9-10) In the interests of visual amenity. (8) To make sure that unnecessary light pollution is avoided in the interests of visual and residential amenity. (11) In the interests of residential amenity.

Cont…. Application No. P/03/1594 Continued

(12) To ensure that development is provided with an adequate means of foul surface and storm water drainage. (13) To safeguard the buildings against the risk of damage from surface subsidence due to underground mining. (14) In the interests of visual amenity. (15) For the avoidance of doubt as to the detail of the permission here by granted.

Advisory Note

The applicant be advised of the comments of Hyder, Western Power Distribution, Transco and The Environment Agency.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/1607 Trehir Development Co. Ltd., Carry out essential engineering & 08/12/03 22-30 Sturt Road, containment works to avert future Frimley Green, breakouts of leachate along part of Camberley, the northern boundary of the site at Surrey. Land at Trehir Landfill, Llanbradach, Caerphilly.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Permission is sought to carry out engineering and improvement works on a small area of land on the northern edge of the Trehir Landfill Site at Llanbradach. The works are designed to deal with existing leachate breakouts in this area and improve the leachate collection and drainage system on the site to assist in its long term management. 0.13 hectare area of the proposed engineering works overlaps with the existing planning permission, 0.06 hectares being inside the permission boundary and 0.07 hectares outside.

The design of the post closure capping/restoration system is being undertaken in two parts. Phase 1 is currently under construction and includes planned improvements to the surface water and leachate drainage system for the site. Phase 2 is at the design stage. The proposed works would be undertaken as part of Phase 1. It is not anticipated that undertaking this work will extend the life of the site, with landfilling being complete in 2005.

The change in the landfill boundary will enable the installation of a flexible membrane lining system. This would be joined to the existing lining system and will allow the installed membrane to also be integrated with the Phase 2 capping system. The works will involve exposing the existing landfill liner, preparing the sub-grade and protection layer and welding a new section to the existing liner. The liner will be secured in an anchor trench situated in a raised bund that will direct leachate towards the waste mass and into the site leachate drainage system, thus preventing leachate breakout to the northern boundary of the site. On completion of filling operations the liner will be removed from the anchor trench and integrated with the capping system for the site.

A statement submitted in support of the application gives a general description of the proposal and considers the environmental impact, general development policy considerations, waste policy considerations, landscape, conservation and visual impact issues, monitoring and control and site closure and aftercare. Submitted plans provide details of the site, location of the existing leachate drains, existing and proposed levels. However, the actual engineering detail of the works has yet to be finalised.

Cont…. Application No. P/03/1607 Continued

POLICY

The application should be assessed against the criteria in Policy W2 (control of the development of waste management facilities) of the Deposit Caerphilly County Borough Council Unitary Development Plan ‘Proposed Modifications.’

PLANNING HISTORY

Reference No. Description Decision Date 5/5/83/0409 Restore quarry by importation of waste Approved 06.01.88 5/5/84/0399 Construct access road Approved 06.01.88 5/5/86/0476 Restoration of quarry by landfill Approved 25.09.86 P//97/0627 Stabilisation of quarry face, additional Approved 19.03.98 landfill P/99/0603 Additional stabilisation, reprofiling of Approved 25.01.00 quarry face and landfilling P/98/0922 Process and temporary stockpile of stone Approved 11.12.98 P/02/0944 Extend time for stone stockpile Approved 17.01.03

PUBLICITY

There has been no response to the neighbour notification and site notice.

CONSULTATION

Chief Engineer (Highways) has no objection.

Chief Engineer (Drainage) advises that since the working of the application site and the larger landfill site have environmental implications, the proposals should be referred to the Environment Agency.

Chief Environmental Health Officer has no adverse comments.

Environment Agency has no objection. As the regulator of the waste management facility the Agency is aware of the leachate breakouts and the requirement for the improvement works. The Agency will require full details of the engineering works proposed.

Welsh Water comments that foul water and surface water discharges must be drained separately from the site.

Cont….

Application No. P/03/1607 Continued

Council for the Protection of Rural Wales assumes that the need for the essential work to prevent leachate discharges from the landfill site will override green wedge interests, and hopes that the works will be as unobtrusive as possible.

ANALYSIS

The proposed works are designed to address a particular problem with breakouts of leachate from the landfill. The area is within the recognised boundaries of the landfill site, but marginally outside the boundaries of the current planning permission. The engineering works will naturally tie in with existing permitted restoration works currently being undertaken and the containment and control of leachate within the landfill mass will be improved to the benefit of the future management and aftercare of the site. The Environment Agency recognises and supports the benefits of the proposal.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) Prior to the commencement of any works associated with the development hereby permitted, full details of the engineering works proposed shall be submitted to and approved by the Local Planning Authority. The works shall be carried out fully in accordance with the approved details.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) In order to retain effective control over the development.

Advisory Note

The applicant be advised of the comments of the Environment Agency and Welsh Water.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0054 Miss. R. Rider, Construct two houses and 14/01/04 55 Greenfield Street, hardstandings on Land off Upper Bargoed. Capel Street, Bargoed.

APPLICATION TYPE: OUTLINE APPLICATION

SITE AND DEVELOPMENT

This application relates to a lawn and hardstanding area to the rear of No.56 Greenfield Street, a terraced property, which was previously a shop but now changed to a dwelling as a result of a permission granted in 1997, which is attached to a Salvation Army hall. The land together with the garden of No. 56 is ‘L’ shaped and fronts onto both a rear accommodation lane and Upper Capel Street. The land is used in part for the parking of a touring caravan and one other vehicle. The actual application site is regular in shape with area dimensions of 13.6m x 12m. The application is in outline, but siting and access are not reserved for future approval. The submitted plans show 2 two-bedroomed dwellings, in semi-detached form, each with car parking at the front and a rear garden of 3.5m depth. The development of this site would leave the existing property with a rear garden of 4.5m in length.

PLANNING HISTORY

Reference No. Description Decision Date

P/97/0567 Shop to dwelling Granted 01/08/97

POLICY

The site lies within the settlement boundary for Bargoed as identified in the Deposit Caerphilly County Borough Unitary Development Plan. Policy H2 allows for the development of housing on appropriate infill and windfall sites within settlement boundaries.

The development has to be considered against the relevant criteria contained in Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan and the guidance given in Development Design Guide No.1 – Building Better Places to Live.

CONSULTATION

Chief Engineer (Highways) objects to the proposals on the basis that the development removes existing off-street car parking serving No.56 Greenfield Street, which would add to on-street parking in the vicinity to the detriment of highway safety.

Cont…. Application No. P/04/0054 Continued

The Coal Authority makes no recommendations in relation to the influence of underground workings in relation to this site.

In response to publicity, one letter of objection has been received and the writer states that her kitchen window will face towards the gable end of the proposed dwellings and objects to darkening of her environment and also the invasion of privacy from the proposed dwellings.

ANALYSIS

The site lies within a mainly residential area, however, the development proposed removes the car parking from the existing dwelling, which is considered to be unacceptable.

The kitchen window referred to by the objector would be facing a blank gable end wall at a distance of 5m and it is considered that this would adversely affect the amenities currently enjoyed at the property to the west to an unacceptable degree.

In addition, the development proposed will result in private amenity space of 21m² for each of the proposed houses whilst this Council’s Design Guidance recommends 52m² for two bedroomed dwellings. It is therefore considered that the proposal is unacceptable due to this factor, representing an over-development of this limited site and leaving the existing property with a substandard amount of amenity space, being less than 30m². The application is accordingly recommended for refusal.

RECOMMENDATION that Permission be REFUSED.

The reasons for the Council’s decision are:-

(1) The proposal would remove existing off-street car parking serving No. 56 Greenfield Street, which would lead to further on-street parking to the detriment of highway safety in the area, contrary to Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan. (2) The development, due to its proximity and scale, would have an overbearing impact on the amenities currently enjoyed by the occupiers of No. 6 Upper Capel Street contrary to Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan. (3) The proposal represents over-development of a restricted site, with inadequate private amenity space being provided for the proposed dwellings, and a reduction of the garden area of No. 56 Greenfield Street to an inadequate amount, conflicting with the recommended standards in relation to amenity space in the Local Planning Authority’s Development Design Guide 1 – Building Better Places to Live, and contrary to Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan .

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0072 Mr. A. Lane, Erect garage and conservatory at 20/01/04 163 Beaumaris Way, 163 Beaumaris Way, Grove Park, Grove Park, Blackwood. Blackwood.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application proposes a single storey extension of approximately 6.5m wide by 6.9m for a garage at the side of a detached dwelling. The development also proposes a conservatory measuring 5.5 metres wide by 3 metres deep at the rear. Although the garage width is 6.5 metres, it has a single garage door to part of it, the remaining area being brickwork.

The existing dwelling is a narrow detached dwelling 5.9 metres wide, with a garage measuring 2.2 metres extending at the side. The garage and porch feature protrudes forward of the main dwelling and is sited along the boundary of the property with its neighbouring property, No. 161, with which the application site shares a drive. The proposed garage is to be sited along the boundary of the property with the highway, and accessed from a further access directly from Beaumaris Way. The frontage, although set back, would result in a property with a total width of 14.6 metres.

PLANNING HISTORY

There is no recent planning history.

POLICY

The site lies within the settlement envelope of Blackwood as defined by Policy H5 in the Adopted Islwyn Local Plan (1991-2001). The site also lies within the settlement boundary as defined by Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan (1996 - 2011). The development has been assessed against the standard development control criteria in Policies D1 to D6 of the Islwyn Local Plan, Housing Policies H1 and H4 of the Local Plan, which relate specifically to extensions to residential properties, standard development criteria in Policy DC1 of the Unitary Development Plan, and guidance contained in Development Design Guide No. 2: Householder Developments.

CONSULTATION

Chief Engineer (Highways) raises no objection.

Cont….

Application No. P/04/0072 Continued

The adjoining properties were notified of the application. Objection to the application has been made by a nearby resident, on the following grounds:-

1. The size of the extension would be visually intrusive. 2. The extension would obstruct their visibility when emerging from their own driveway.

ANALYSIS

The above property lies at a prominent site and is situated in close proximity to a bend. The original dwelling has been constructed with a garage to the side which is marginally forward of the dwelling and forms a design feature which is repeated elsewhere in the development. The applicant proposes a single storey extension with a horizontal emphasis on the other side of the dwelling. In terms of good design, an extension should be subservient to the main dwelling. However, although the proposed garage would be set back, the siting of the dwelling by the road results in an unduly prominent and incongruous development, as the width of the extension is disproportionate to the existing dwelling. Its siting would be readily visible from the adjoining carriageway, which would result in an intrusive feature in the street-scene. The application is therefore contrary to Policy H4 of the Adopted Islwyn Local Plan and Policy 1DC of the Deposit Caerphilly County Borough Unitary Development Plan.

RECOMMENDATION that Permission be REFUSED

The reason for the Council’s decision is:-

The proposed development by virtue of its form, massing and siting would result in an incongruous and prominent development, which would have an adverse visual impact upon the street-scene contrary to Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan and Policy D1 of the Adopted Islwyn Local Plan.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/01/0485 Mr. K. Hares, Provide temporary access track for 17/05/01 3 Alexandra Road, ground investigation purposes on New Tredegar. Land to south of Football Ground, Phillipstown, New Tredegar.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application relates to steeply sloping land immediately below the southern end of the football ground at Phillipstown, across which the applicant wishes to construct an access road to enable him to service the former bus depot at the southern end of Jones Street, which he currently uses as the base for his business which is a plant hire company serving the construction and civil engineering businesses with large machinery and operators. The need for the track has been effectively supserseded by a revised route to the access road to the plant hire depot which avoids, in the main, the use of the sloping land to the south of the football pitch.

This application is specifically in relation to the need to carry out investigations to gain information in relation to ground conditions for the original route of a road which would link from the main road into Phillipstown to the former bus depot site.

The land in question is as stated, steeply sloping, and has been the subject of relative recent tree planting by this Council and bounds an area which has the remnants of a mature oak woodland. The applicant intends to undertake a cut-and-fill operation to create four temporary platforms to allow a drilling rig to carry out investigations, along the line of the original route.

PLANNING HISTORY

Reference No. Description Decision Date P/00/0057 Use as bus depot as plant hire base Refused 23/03/00 P/00/0952 Retain use of land for plant hire base Granted 15/11/02 including mew access route

POLICY

The development needs to be considered against Policy C12 contained in the Deposit Caerphilly County Borough Council which states that:-

“Development which involves the loss of trees, woodlands and hedgerows which are of significant amenity and/or nature conservation value will only be permitted where the need for the development outweighs the importance of the feature or where acceptable mitigating measures within the control of the developer can be provided.”

Cont…. Application No. P/01/0485 Continued

CONSULTATION

Parks and Open Spaces Officer has no objection to the proposal but suggests protective measures to prevent run-off adversely impacting on the higher level ground.

There has been no response to publicity undertaken.

ANALYSIS

As stated, the application has been effectively superseded by a revised route to the access road approved in 2002 and now in the course of construction. The applicant has been requested to withdraw this application but has not done so, therefore, the application is now presented for formal determination.

The original line of the access road proposed crossed a steep embankment for approximately 130 metres and would have resulted in a significant loss of the existing trees which have been planted on the embankment. The revised line of the road approved proposes to utilise, in the main, flat land on the periphery of the football pitch, thereby minimising the impact on the trees planted embankment.

Therefore, it is considered that this application which proposed the track along the originally proposed line of the access road conflicts with Policy C12 in terms of the potential impact on the trees and is therefore recommended for refusal.

RECOMMENDATION that Permission be REFUSED

The reason for the Council’s decision is:-

The proposed temporary road would result in the loss of the trees, which would be detrimental to the character and amenity of the area, and contrary to Policy C12 of the Deposit Caerphilly County Borough Unitary Development Plan

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0027 Mr. C. Games, Change use to motor cycle sales 14/01/04 14 Laburnum Terrace, and repair at West End Bakery, Abercarn. Woodland Terrace, West End, Abercarn.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application relates to premises formerly in use as a bakery fronting Woodland Terrace and to the rear of properties on Islwyn Street. The premises comprise a single-storey L-shaped building with maximum dimensions of 14m x 11m, with a small forecourt fronting Woodland Terrace and measuring 9m x 5m approx. Permission is sought to change the use of the premises to motor cycle sales and repairs; the application states that the operation would employ one shop worker and one mechanic and that only hand tools would be employed. The submitted drawing indicates that an existing timber lean-to extension on the frontage of the property would be removed.

PLANNING HISTORY

Reference No. Description Decision Date P/02/0059 Residential development (Outline) Refused 21/03/02

POLICY

The site lies within the Settlement Envelope as defined by Policy H5 of the Adopted Islwyn Local Plan and within the Settlement Boundary as defined by Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan (Proposed Modifications). The development has been assessed against Policy E6 (Conversion or rehabilitation of suitable redundant buildings for industrial/office use) of the Islwyn Local Plan, the general Development Criteria contained in Policy DC1 of the Unitary Development Plan and Policy E6 (Development involving potential pollution).

CONSULTATION

Chief Engineer (Highways) has no objection subject to a condition requiring the forecourt to be kept clear for parking and loading.

Chief Environmental Health Officer objects to the proposal on the grounds of noise nuisance.

Cont…. Application No. P/04/0027 Continued

Occupiers of residential properties in the vicinity of the premises were notified of the application and a site notice was displayed. Six letters of objection have been received from occupiers of dwellings in the vicinity of the premises. The main grounds of objection are as follows:-

- increased traffic and on-street parking on the narrow roads in the vicinity of the site - danger to children and other road users - noise nuisance - pollution

ANALYSIS

The main issues to be considered are the potential effects of the proposed operation on the residential amenities of adjoining occupiers, particularly by virtue of noise nuisance, and any problems associated with traffic generation and parking. These issues must be considered in the light of the lawful use of the premises as a bakery which may have been a B1 (Business) use with ancillary retail or a mixed B1 and A1 (retail).

The part of Woodland Terrace which the premises front is a narrow single-width section of road, on the opposite side of which is the rear of a terrace of residential properties. The rear windows of some of these properties are 5m from the frontage of the application premises. The side elevation of a further dwelling on Woodland Terrace to the west of the premises is at a similar proximity. The rear elevations of residential properties on Islwyn Street to the east are approximately 12m from the premises. Chief Environmental Health Officer advises that since the premises are within such close proximity to residential properties, the starting and revving of motorbikes while undergoing repair even if confined within the building would cause a noise nuisance for the occupiers of those properties. The inevitable regular starting of motorbikes on the forecourt would be an additional cause of nuisance. It is considered that the potential noise nuisance would be far greater than that associated with the lawful use of the premises.

While the premises front a narrow and substandard section of Woodland Terrace, an alternative means of vehicular access exists via the unnamed road leading from the junction with the main road to the south of the Crown Hotel. Chief Engineer (Highways) has no objection to the proposal in terms of access to the site and merely requests that a condition be attached to any permission requiring the forecourt of the premises to be maintained for parking and loading.

It is considered that the proposed use would result in an unacceptable loss of amenity for residents in the vicinity of the premises by virtue of noise nuisance, and it is recommended that permission be refused.

RECOMMENDATION that Permission be REFUSED

Cont…. Application No. P/04/0027 Continued

The reason for the Council’s decision is:-

The proposed use would have a serious detrimental impact on the residential amenity of the occupiers of dwellings in the vicinity of the premises by virtue of the noise levels that would be generated by the use, contrary to Policy E6 of the Adopted Islwyn Local Plan, and Policies DC1 and E6 of the Deposit Caerphilly County Borough Unitary Development Plan

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/0669 Mr. K. Hares, Erect retaining walls to yard 13/05/03 M & J Transport, M & J Transport, Jones Street, Jones Street, Phillipstown, New Tredegar. Phillipstown, New Tredegar.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application relates to the former Bus Depot which was granted planning permission in 2002 to retain its use as a plant hire contractors depot, subject to the creation of a new access road which has commenced construction.

This application proposes the erection of retaining walls on the western side of the existing yard area which would allow for the expansion of the yard area around the building. The application proposes retaining walls of 3.7m in height along the north-western corner of the site and along the western flank of the curtilage of the site for a length of 25m, and a further wall up to 3m in height along most of the remaining western boundary and part of the southern boundary for a total length of 65m.

PLANNING HISTORY

Reference No. Description Decision Date

P/00/0057 Use of Bus Depot as plant hire base Refused 23/03/00 P/00/0952 Retain use of land for plant hire base Granted 15/11/02 including new access route

POLICY

Part B of Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan states:-

“Development will only be approved if it is well designed in terms of its setting, scale, density and layout, materials and landscaping.”

Policy C12 (Trees, Woodland and Hedgerows) should also be taken into account.

There has been no response to publicity undertaken.

Cont… Application No. P/03/0669 Continued

ANALYSIS

The site is extremely prominent visually, the erection of these walls would allow an expansion of the useable yard area to occur, which may be acceptable following the completion of the access road approved to service the site and with suitable landscaping on the site. However, the application does not provide any details with regard to the existing yard dimensions and levels. The proposal involves the creation of significant structures particularly at the north- eastern corner of the site where their construction would remove existing hedgeline growth, and be on the back edge of the highway and open up the yard to view from the residential Derlwyn Street to the north.

It is concluded therefore that approval of the application, in its present form, would result in a built structure which would have a significant adverse visual impact in the immediate vicinity.

RECOMMENDATION that Permission be REFUSED.

The reasons for the Council’s decision are:-

(1) The proposal due to the height of the retaining walls and the loss of boundary screening would be detrimental to the visual amenities of the area and conflict with Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan. (2) The proposed works have the potential to adversely impact on trees within the application site and in the immediate vicinity, and would therefore be detrimental to the amenities of the area in conflict with Policy C12 of the Deposit Caerphilly County Borough Unitary Development Plan. ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0129 Mr. G. Harper, Erect a bungalow on Land adjacent 30/01/04 2 Hillview Bungalows, to 2 Hillview Bungalows, Twyncarn Road, Pontywaun, Crosskeys. Pontywaun, Crosskeys.

APPLICATION TYPE: OUTLINE APPLICATION

SITE AND DEVELOPMENT

The application proposes a detached property on an area of land, which adjoins a semi- detached property that is currently occupied by a hard-standing and a heavy duty prefabricated building, which is currently used for the storage of a motor vehicle and other household items. The applicant has forwarded an illustrative drawing to indicate that a dwelling could be sited where this current ‘building’ is sited. Illustrative drawings submitted with the application indicate a bungalow with a floor area of 4.0m x 10.0m. The width of the site at this point is 4.8m. The site is closely bounded by the canal to the west, and the highway to the east. The site varies in depth from 7.1 metres to 4.8m and has a frontage of 29m. Means of access have been submitted for approval at this stage, and all other matters reserved for subsequent approval. The access would be to a hardstand for two vehicles.

PLANNING HISTORY

There is no recent planning history.

POLICY

The site lies within the settlement envelope of Pontywaun as defined by Policy H5 in the Adopted Islwyn Local Plan (1991-2001). The site also lies within the settlement boundary as defined by Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan (1996 - 2011). The development has been assessed against the standard development control criteria in Policies D1 to D6 of the Adopted Islwyn Local Plan, Housing Policies H1 and H4 of the Local Plan which relate specifically to extensions to residential properties, standard development criteria in Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan, and guidance contained within Development Design Guide 1: Building Better Places to Live.

CONSULTATION

Chief Engineer raises objection to the development, as there would be loss of current off street parking as a result of the development resulting in additional on-street parking. Concern has also been expressed regarding the application for the construction of a dwelling adjacent to the canal, which is in the Council’s ownership. He notes that the canal is in a poor condition, and that the developer will need to provide details and calculations proving that surcharge and or excavation of the ground above the wall will not have detrimental effect on its structural integrity.

Cont…. Application No. P/04/0129 Continued

The adjoining properties were notified of the application which has also been advertised on site. No comments have been received.

ANALYSIS

The application proposes developing an area of land, which is currently used as access and off street parking, and amenity space for the existing dwelling. The illustrative drawings indicate that a dwelling of approximately 4m x 10 metres can be sited on the northern end of the site. The dwelling itself would be 1.15 metres from the edge of the canal, and the total width of the site at this point is 6.0m. Any work on the site could have an adverse impact upon the wall of the canal, which is in the ownership of this Council, but this is a technical issue that can be overcome if the correct procedures are followed.

The development of the site would also result in the loss of amenity space and parking for the existing dwelling. The size of the site is inadequate for the development of a modern dwelling, with the associated amenity and parking provision and the proposal is therefore contrary to Policy D1, D2 and D3 of the Adopted Islwyn Local plan as it would constitute the over- development of the site by the scale, and massing and in relationship to the surrounding development. The development is also prejudicial to Policy DC1 as the development of the site would have an adverse impact upon the safety of other highway users.

RECOMMENDATION that Permission be REFUSED

The reasons for the Council’s decision are:-

(1) The loss of the parking and turning area for the existing dwelling, as a result of the development would increase the demand for on street parking to the detriment of highway safety, contrary to Policy D1 of the Adopted Islwyn Local Plan and Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan. (2) The narrowness of the site would not enable the siting of a dwelling of modern standards with the associated amenity space and off-street parking facilities. Such a development would result in the over-development of the site and be contrary to Policy D3 of the Adopted Islwyn Local Plan and Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0041 Mr. Edwards, Construct second storey extension 09/01/04 3 Haines Close, and convert garage at 3 Haines Caerphilly. Close, Caerphilly.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

The application building is a detached dwelling with attached garage to one side. To the front of the garage is a drive. This application is for the conversion of the garage to a lounge and a first floor extension above it. The dwelling currently has three bedrooms, the first floor extension provides a fourth bedroom. The drive provides a single parking space and the front garden is both limited and relatively steep. No replacement parking for the converted garage is provided nor additional parking to serve the extended dwelling.

PLANNING HISTORY

Reference Development Decision Date P/97/0967 Substitute house types Withdrawn 12/02/98 5/5/94/0815 Erect 120 dwellings Approved 07/04/95

POLICY

The Deposit Caerphilly County Borough Unitary Development Plan states:-

“Development will be approved where it can be shown that it:-

A. Is compatible with other land uses terms in the immediate vicinity;

B. Is well designed in terms of setting, scale, density, layout, materials and landscaping;

D. Provides or maintains adequate parking provision for the proposed development.”

The Deposit Caerphilly County Borough Unitary Development Plan Design Guide No. 2 – Householder Developments, should also be taken into account.

CONSULTATION

Chief Engineer (Highways) raises objection to the loss of off-street parking from the conversion of the garage and the failure to replace it or provide for the extended dwelling.

Cont…. Application No. P/04/0041 Continued

The development has been advertised on site and neighbouring properties have been consulted. One letter has been received, it raises the following observations:-

− There is limited off-street parking resulting in cars being parked such that they overhang footpaths and cause obstruction in the carriageway.

− During the construction period the existing problems would be exacerbated.

− The letter implies that there would be a loss of off-street parking provision.

ANALYSIS

The proposed extension above the garage is in keeping with the character of the dwelling and resultant elevations blend with the mixture of house types in the street scene. Existing privacy is maintained and adequate curtilage is retained for the amenity of the occupants of the dwelling. The extension in terms of its design and scale is considered to be in accordance with design guidance.

The conversion of the garage reduces the number of off-street parking spaces to one space on the drive. The addition of a fourth bedroom raises the parking guideline requirement for the development to three spaces, i.e. an overall deficit of two spaces. The Chief Engineer Highways has drawn attention to the decrease in numbers of parking spaces contrary to parking guidelines and to the Deposit Caerphilly County Borough Unitary Development Plan Policy DC1.

RECOMMENDATION that Permission be REFUSED

The reasons for the Council’s decision are:-

The proposed development does not provide adequate off-street parking provision contrary to the Deposit Caerphilly County Borough Unitary Development Plan Policy DC1, to the detriment of highway safety.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/03/0584 Mr. M.J.D. Matthews, Create outdoor riding school and 25/04/03 2 Colliers Cottages, attached developments on land at Nelson. North East of Caerphilly Road, Nelson.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application seeks full planning permission for the construction of an outdoor riding school (manege) on 0.6 hectares of land to the north of the road between Nelson and Ystrad Mynach. The site has a gas transmission station to the south, mineral railway line with the Penallta Community Park beyond to the north, field to the east and field with agricultural buildings to the west. The Rowan Tree public house and Colliers Cottages are located off a lay-by next to the proposed point of access off the main A472 highway.

The applicant has confirmed that the proposed facility would be used only by him to exercise his own horses. It is not intended for use by the general public.

The application site slopes from south to north and as a consequence it would be necessary to construct a flat landform on which to create the surface of the manege. The landform, 30 metres by 62 metres in area, and ranging in depth from 3 to 4.5 metres, would be constructed using inert waste material imported to the site by vehicles with a capacity of 12 to 20 tonnes. It is estimated that approximately 11,200 cubic metres of material will be required to create the landform for the manege. The manege specification would comprise a layer of clean limestone, a base course of macadam or a membrane, topped off with a synthetic riding surface.

Access to the site would be gained via the existing lane from the A472. Following discussion between the Agent and Officers, details of a revised junction arrangement have been submitted which means that vehicles can only turn left out and left into the junction.

Topsoil is to be stripped and stored for re-use. A drainage ditch is to be cut along the southern edge of the site connecting to a soakaway in the south-eastern corner of the site before any fill material is to be placed on the site.

POLICY

The application site is located within the open countryside as defined in the Deposit Caerphilly County Borough Unitary Development Plan ‘Proposed Modifications’, January 2003. In the plan the land immediately to the east is identified for reclamation (Policy D1(10)), and part of that land, together with the land to the north of the mineral railway line are identified as Sites of Importance for Nature Conservation (Policy C10).

Cont…. Application No. P/03/0584 Continued

The area to the north of the railway line is also a Site of Special Scientific Interest. Policy C1 of the plan sets out the policy guidance in respect of development in the countryside.

PLANNING HISTORY

There has been no recent planning history.

PUBLICITY

There has been no response to the neighbour notification and site notices.

CONSULTATION

Chief Engineer (Highways) raises no objection subject to the development being limited to that shown on the submitted drawings (as amended), and the junction of the access lane and A472 being improved, and the access from that lane into the meat traders operation being closed while material is imported to create the landform. He also advises that the developer will be required to enter into a legally binding agreement supported by a bond in order to carry out the necessary junction works. The works will require a temporary Traffic Regulation Order, funded by the applicant, to prevent vehicles turning right to or from the A472. The Highway Authority reserves the right to invoke the powers contained in Section 59 of the Highway Act 1980 and recover additional expenses incurred in maintaining certain lengths of the secondary highway network.

Chief Engineer (Drainage) comments that the applicant should satisfy conditions to prove that the soakaway is capable of dealing with the flows prior to the development.

Chief Environmental Health officer has no adverse comments.

Welsh Water comments that no surface water or land drainage shall be allowed to connect to or discharge to the public sewerage system.

Environment Agency raises no objection and provides comments to pass to the developer.

Network Rail has no objection to the grant of planning permission subject to conditions requiring fencing and a restriction on buildings within 2 metres of the site boundary.

Transco and Western Power Distribution provide information of their apparatus to pass to the developer.

Council for the Protection of Rural Wales comments that the proposal is not intrinsically unsuited to a rural setting subject to careful siting, and good design.

Cont….

Application No. P/03/0584 Continued

ANALYSIS

Policy C1 of the Deposit Caerphilly County Borough Unitary Development Plan states that:-

“Development in the countryside will only be permitted where it will not have a harmful impact on the character, amenity, landscape and nature conservation value of the area.”

The principle of the proposed use is considered to be appropriate in this predominantly rural setting.

The application site is within 500 metres of a known great crested newt pond. Bearing in mind that the species and its habitat are protected under the Wildlife and Countryside Act 1981 and the European Union’s ‘Habitat Directive,’ and in accordance with the policies in Planning Policy Wales (March 2002) the applicant was asked to arrange for an ecological survey to be carried out. A survey was carried out and the report submitted to the Council. It has been examined and the findings show that there will be no implications for the great crested newts in the area and no conditions are required with regards the protected species in this instance.

The main issues to consider are, therefore, the impact of the proposed landform created to provide the facility and the highway safety implications arising from the importation of materials required to construct the landform.

It is considered that the design and size of the manege are acceptable in the location proposed.

The Chief Engineer is understandably concerned about the vehicle movements that could be generated by the importation of material through the junction of the access lane with the A472. He is also concerned about the relationship with the access at the junction from the lane into the area where the Applicant operates a meat retail wagon. These concerns have been discussed with the Agent and details have been submitted of a revised junction arrangement. However, the revised arrangement still maintains an access into the meat retail area. The Chief Engineer is of the view that this access should be closed whilst material is imported to the site for the construction of the manege and has raised no objection to the proposed scheme subject to this requirement.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (2) The development shall be limited to that shown in the details set out on Drawing Number C/03/59/PH Revision C and shall be completed fully in accordance with the details. (3) The volume of material to be imported to the site shall not exceed that required to achieve the area of the manege and the ground levels shown on the Drawing referred to in Condition 2 above.

Cont…. Application No. P/03/0584 Continued

(4) Nothing other than clean, dry non-putrescible material shall be deposited in connection with the construction of the manege. (5) Notwithstanding the submitted drawings, no works whatsoever shall commence until full engineering details of the revised junction layout together with appropriate signage, vision splays and closure of the access that serves the meat trader via the lane, have been submitted to and approved by the Local Planning Authority. The junction works and closure of the access shall be completed in accordance with the approved details prior to any material being imported to the site. (6) On completion of the development hereby granted permission the junction shall be restored to its original layout prior to the access to the meat trader being reinstated. There shall be no access to the meat trading operation via the lane whilst the revised junction layout is in place. (7) All vehicles associated with the development of the manege shall leave the site in such condition so as not to emit dust or deposit mud, slurry or other debris on the highway. (8) The development hereby granted permission shall be used solely for the private enjoyment of the applicant and shall not be used for any commercial purpose whatsoever. (9) Notwithstanding the submitted drawings, prior to the commencement of any works on site details for the overall drainage of the site, both during the course of the development and for the permanent afteruse, shall be submitted to and approved by the Local Planning Authority. The approved details shall be fully implemented. (10) No development shall take place until there has been submitted to, and approved by, the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of development. Thereafter the scheme shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2&3) To clarify the nature and extent of the development hereby granted permission. (4&8) In order to retain effective control over the development. (5-7) In the interests of highway safety. (9) To ensure the satisfactory drainage of the site. (10) In the interests of visual amenity.

Advisory Note

The developer be notified of the comments of the Chief Engineer (Highways) and (Drainage), Environment Agency, Transco and Western Power Distribution.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0050 Mrs. A. Lakey, Operate two taxis from the property 13/01/04 7 Cotswold Way, at 7 Cotswold Way, Risca. Risca.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

The application relates to a detached dwelling fronting Cotswold Way. It is on the inside of a bend and has a wide frontage with access directly off Cotswold Way to a parking area within the front curtilage, with space to park 3 (or possibly 4) vehicles. The application seeks permission for the change of the use of the property from residential to a mixed use of residential and the operation of two taxis.

PLANNING HISTORY

Reference No. Description Decision Date 2/11188 Erection of extension Approved 08/03/93

POLICY

The site lies within the Settlement Envelope as defined by Policy H5 of the Adopted Islwyn Local Plan and within the Settlement Boundary as defined by Policy DC2 of the Deposit Caerphilly County Borough Unitary Development Plan (Proposed Modifications). The development has been assessed against the general Development Criteria contained in Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan, and Policy E7 (Working from Home) of that Plan.

CONSULTATION

Chief Engineer (Highways) objects to the proposal on the basis that additional use of the substandard access would create increased hazards.

Chief Environmental Health Officer has no objection subject to conditions preventing customers calling at the premises and limiting the operation to the hours between 0700 hours and 2300 hours.

Occupiers of adjoining dwellings have been notified and a site notice displayed. A letter has been received from a neighbouring property expressing no objection to the proposal but requesting consideration of screening between the properties.

Cont…. Application No. P/04/0050 Continued

ANALYSIS

The main issues to be considered relate to the residential amenity of adjoining occupiers, and highway safety. The relevant criteria contained in Policy DC1 (Development Criteria) of the Deposit Caerphilly County Borough Unitary Development Plan are compatibility with other land uses in the vicinity, regard for the safe and effective use of the transportation network and the provision or maintenance of adequate parking provision. Policy E7 (Working from Home) states that proposals to use part of a dwelling to allow a small business to operate from home will be permitted provided that:-

− the residential use remains the principal use of the property and the residential character and appearance is retained;

− additional traffic generated can be accommodated on the highway network without an unacceptable impact for surrounding residents;

− there is no loss of residential amenity for surrounding residents by virtue of smell, light or other nuisance;

− there will be no operation of noisy machinery and/or outside working or storage;

− no persons other than those normally resident will be employed on the premises.

The applicant has confirmed that the taxis would be driven by her, and her husband, and that all bookings would be made by telephone. While the application is for the operation of two taxis, permission normally only being granted for one from a residential property, the property is detached with a wide front curtilage and in the light of the relationship with adjoining properties it is not considered that the operation would be seriously detrimental to residential amenity provided that conditions were imposed to limit the use. The Chief Environmental Health Officer has no objection on this basis.

In terms of highway safety, the Chief Engineer (Highways) accepts that adequate off-street parking can be achieved but objects to the proposal on the basis that the access on to Cotswold Way (a bus route) is substandard in respect of visibility to the south and that additional use of the access would create increased hazards.

RECOMMENDATION that Permission be REFUSED

The reason for the Council’s decision is:-

The proposed additional use of the substandard access, particularly in respect of visibility to the south, will create increased hazards to the detriment of highway safety of all classes of highway user, and contrary to Policy DC1 of the Deposit Caerphilly County Borough Unitary Development Plan.

Code No. and Name and Address of Applicant Description and location of date received proposed development

P/04/0061 J.J. Gallagher Ltd., Sub-divide existing unit into two as 14/01/04 Gallagher House, a variation of Condition (7) of Bordesley Green, Planning Consent P/02/1280 at Birmingham. Unit 3, Gallagher Retail Park, Crossways, Caerphilly.

APPLICATION TYPE: NON COMPLIANCE WITH COND

SITE AND DEVELOPMENT

This proposal relates to the sub-division of a previously approved unit on the retail park into two self-contained units.

Planning consent P/02/1280 contained a condition, which sought to limit the units within this phase of the development to a certain scale. This condition (i.e. No. 7) is as follows:-

“Notwithstanding the information submitted the building units hereby approved shall be used as single planning units and shall not be sub-divided to produce further self-contained units without the prior approval of the Local Planning Authority.”

The reason underpinning this condition was “to protect the vitality and viability of Caerphilly Town Centre.”

Unit 3, as approved under P/02/1280 was part of Block 2, which comprised Units 3, 4 and 5. Unit 3 itself totalled 15,000 sq. ft in floor area, with the other two units having a floor area of 10,000 sq. ft.

The current application is for the sub-division of unit 3 into two equal halves of approximately 7,500 sq. ft. each. This alteration will involve the amendment of the previously approved front elevation to provide for two front entrance ways. The applicant has also included a roller shutter door access to the rear of each unit.

PLANNING HISTORY

This site has a relatively protracted and involved history. The consent of relevance to this permission is P/02/1280. This granted permission to Phase 2 of the applicant’s development of the retail park and permitted the construction of over 75,000 sq. ft. (7,000 sq. metres) of retail area sub-divided into the detached building blocks. Two of these blocks have now been constructed and contain units, which are open for trading or about to open.

POLICY

The site is included within the settlement boundary contained within the Adopted Caerphilly Basin Local Plan as part of the wider Crossways Park industrial and business estate.

Cont….

Application No. P/04/0061 Continued

The Deposit Caerphilly County Borough Unitary Development Plan shows the site as forming part of the expanded retail park area. The policy of relevance for this condition relates to Policy R4 of the Deposit Caerphilly County Borough Unitary Development Plan which states that:-

“Potential developers will be required to demonstrate that retail warehouse proposals at these locations do not undermine the vitality and viability of existing town centres.”

CONSULTATION

Hyder raises no objection to the application but makes a number of comments on drainage matters, which are required to be passed on to the developer.

The Environment Agency has raised no objection to this proposal.

Chief Engineer (Highways) has made no comment on this application.

Chief Engineer (Drainage) and Caerphilly Town Council have made no comment on this application.

The B & Q retail store was consulted directly and three site notices were displayed. No responses were received in respect to this consultation exercise.

ANALYSIS

In considering this proposal, due regard has been paid to the following:-

1. Planning History.

2. Policy Considerations.

3. Consultation Responses.

1. Planning History

The site has approvals for retail warehousing use. The applicant does not seek to alter this classification but wishes to vary the size of Unit 3.

It is considered that the site’s history does not raise issues, which would support an objection to this proposal.

Cont…. Application No. P/04/0061 Continued

2. Policy Considerations

Policy R4 of the Council’s Deposit Caerphilly County Borough Unitary Development Plan is of relevance in respect to this proposal on two counts. Firstly to ensure that the size of the sub- divided units is not directly comparable with available shops within the town centre and secondly to ensure that the types of goods sold should be restricted to ensure that they do not adversely affect the town centre.

With regard to the first of these it is considered that the size of the units proposed is below the threshold set out for such stores in the Deposit Caerphilly County Borough Unitary Development Plan, however so long as there is sufficient control over the type of goods sold within the units, then any harm to the vitality and viability of the town centre is within acceptable limits.

On the second issue, in this regard the original consent (i.e. P/02/1280) contains a condition restricting the goods sold in Phase 2 to the following:-

“D.I.Y. products, hardware, furniture, carpets and floor covering, self furnishings/textiles, electrical and gas products, motor vehicle accessories and cycles, boats and caravans, office equipment, garden products, pet products and golf products.”

This condition will remain in force as the application only refers to the variation of Condition (7) whilst leaving the remaining conditions unaltered.

In policy terms no objection is raised to this proposal.

3. Consultation Responses

The responses received raise no objection to the submission which would sustain a refusal of permission.

In the circumstances it is considered that this application is acceptable subject to a condition limiting the size variation to Unit 3. Other appropriate conditions from the original approval are reproduced because this consent, if granted, will grant an approval for the development in its own right.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

Cont….

Application No. P/04/0061 Continued

(2) The retail warehouse units shall only be used for the sale of the following goods:- D.I.Y. products, hardware, furniture, carpets and floor covering, soft furnishings/textiles, electrical and gas products, motor vehicle accessories and cycles, boats and caravans, office equipment, garden products, pet products and golf products. (3) There shall be no deliveries to any unit hereby approved between 2300 hours and 0700 hours Monday to Saturday, except for Bank Holidays where deliveries should be restricted to between 0800 to 1800 hours. (4) There shall be no deliveries to any unit hereby approved outside the hours of 1000 hours to 1800 hours on Sunday. (5) No unit shall be open for trade to the general public between 2300 hours and 0700 hours Monday to Saturday except for Bank Holidays when the hours of operation should be 0800 hours to 1800 hours and between 1000 hours and 1800 hours on Sunday. (6) Prior to development commencing on site, details of the siting and nature of refuse storage facilities should be submitted and agreed in writing with the Local Planning Authority. Thereafter these agreed facilities shall be fully completed prior to the use of each of the units commencing. (7) There shall be no storage of materials outside the buildings. (8) Prior to development commencing on site, details of all external and roof mounted plant/machinery shall be submitted and agreed in writing with the Local Planning Authority. These details shall include the location of the plant and the predicted noise levels (measured as a Leq 1 hour) as measured on the boundary of the application site. Thereafter these agreed details shall be fully installed prior to the use of each of the units commencing. (9) No development shall commence until a scheme for the comprehensive and integrated drainage of the site showing how foul water, surface water and land drainage will be dealt with has been submitted and agreed in writing with the Local Planning Authority. Thereafter this scheme shall be implemented prior to the occupation of any of the units hereby approved. (10) The parking and service areas associated with the units hereby approved shall at all times be maintained free of obstruction for parking and servicing only. (11) No obstruction or planting when mature exceeding 900mm in height shall be placed or allowed to grow in the agreed vision splay areas. (12) Any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound should be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound should be at least equivalent to the capacity of the largest tank, or the combined capacity of interconnected tanks, plus 10%. All filling points, vents, gauges and sight glasses must be located within the bund. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework should be located above ground and protected from accidental damage. All filling points and tank overflow pipe outlets should be detailed to discharge downwards into the bund. (13) There should be no structures or buildings (including gates, walls or fences) erected within 7 metres of the top of the bank of the watercourse, other than at the specified locations identified on the W.T.C. Consulting drawing no. JO69/sketch 06 approved under consent no. P/02/0510 unless as otherwise agreed with the Local Planning Authority. (14) This permission shall only relate to the subdivision of Unit 3 into two units as shown on drawing 7284/P006 submitted with the application, and shall not relate to any of the other units granted consent by Caerphilly County Borough Council Planning Permission P/02/1280.

Cont…. Application No. P/04/0061 Continued

(15) Within one month of this permission details of the two, three metre high service doors shown in the rear elevation of the units hereby approved shall be submitted to and agreed with the Local Planning Authority. Thereafter the agreed form of door shall be installed prior to the beneficial use of either unit commencing.

The reasons for the Council’s decision are:-

(1) To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. (2) To protect the vitality and viability of Caerphilly Town Centre. (3-5,8&15) In the interests of residential amenity. (6) To ensure the buildings have adequate refuse disposal/storage provision. (7) In the interests of visual amenity. (9) To ensure the site is comprehensively drained. (10&11) In the interests of highway safety. (12) To prevent pollution to the water environment. (13) To protect access to the watercourse. (14) In order to ensure the development is accessible by a variety of modes of transport.