PREFACE ITEM

APPLICATION NUMBER: P/05/0047

APPLICANT(S) NAME: Developments

PROPOSAL: Erect eleven detached houses

LOCATION: Valley View, , Hengoed.

This application was deferred at the Committee on the 30th March, 2005 to allow a site visit to take place, following which it was deferred once more at the Committee on the 20th April, 2005 to allow Officers to enter into negotiations with the developer, possibly involving a Section 106 Agreement, to secure improvements at the junction of Valley View and Hengoed Avenue. Copies of the previous reports are attached in the Appendix.

The developer has now confirmed that he has exchanged contracts on the land required to provide the visibility splays at the Valley View and Hengoed Avenue junction. Since the developer controls the land, should Committee be minded to grant permission for the development, the improvements could be secured by conditions.

The previous recommendation was that planning permission should be granted subject to conditions. That recommendation is now amended to include the following conditions:-

(13) No development shall take place until a scheme for the improvement of the junction of Valley View and Hengoed Avenue has been submitted to and agreed in writing with the Local Planning Authority. The agreed scheme shall include a timetable of implementation that shall ensure that the required visibility is available before work starts on the residential development hereby approved, with the scheme being completed in full before that development is occupied.

(14) No obstruction or planting when mature exceeding 900mm in height shall at any time be placed or allowed to grow within the vision splays required by Condition (13).

Reason:

(13&14) In the interests of highway safety.

______PREFACE ITEM

APPLICATION NUMBER: P/05/0189

APPLICANT(S) NAME: Mr. S. Nott

PROPOSAL: Erect single storey extension

LOCATION: 37 Heol Cae Derwen, .

This application was reported to Planning Committee on 30th March, 2005; a copy of the original report is attached as an appendix. Committee resolved to defer consideration of the application for a site visit, which took place on 11th April, 2005. The application was reported back to Committee on 20th April, 2005 at which time, Members resolved that the proposal should be approved.

If Members are minded to approve the application, then a condition should be attached requiring the south-eastern elevation to be fitted with obscure glass, to protect the privacy of the adjoining neighbour.

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 occupation of the conservatory hereby approved the south-eastern elevation adjoining No. 38 Heol Cae Derwen shall be fitted with obscure glazing which shall be permanently maintained.

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 the residential amenity of the adjoining occupier.

______PREFACE ITEM

APPLICATION NUMBER: P/05/0198

APPLICANT(S) NAME: Persimmon Homes

PROPOSAL: Retain 1.8 metre high close boarded timber fence

LOCATION: Rear of Plots 81, 82, 83 and 86 Hengoed Hall, Hengoed.

The Planning Committee that met on 11th May, 2005 resolved that this planning application be refused and determination deferred to allow a report with reasons for refusal. However, Committee also requested that in the meantime Officers seek to negotiate with the applicant a more acceptable form of screen.

The applicant has indicated a willingness to enter into discussions concerning the existing screen and would be amenable to any solution that is feasible and reasonable. It is therefore intended to enter into such discussions, with further consultations as necessary with adjoining residents, and bring a report back to the Committee in due course.

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

P/04/1183 Mr. G.D. Rawlings, Erect conservatory and change the 23/07/04 9 St. Margarets Close, use of land to residential curtilage , at 9 St. Margarets Close, . Trethomas, Caerphilly.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Location: The application site overlooks the turning area at St. Margarets Close, a residential street on the south side of Trethomas.

House type: Detached bungalow.

Development: Conservatory to rear and change of use of land from dairy to residential curtilage (rear garden).

Dimensions: Conservatory - 6.7 metres by 4.8 metres. Land to rear (change of use) - slightly curved strip of approximately 4 metres width by 40 metres length.

Materials: Conservatory - dwarf wall to match dwelling with UPVC above.

PLANNING HISTORY

Reference Development Decision Date 5/5/92/0107 Erect kitchen, bathroom, bedroom and study Approved 21/05/92 extension.

POLICY

(a) Site allocation

Development Plan: Caerphilly Basin Local Plan - land within settlement boundary.

Council Approved UDP: Residential within settlement.

(b) Policies

Development Plan: None relevant to this application.

Council Approved UDP: Policy DC1 (standard development control criteria) and Design Guide No 2 - Householder Developments are of relevance.

Cont… Application No. P/04/1183 Continued

CONSULTATION

No consultation of statutory consultees was required for this application.

ADVERTISEMENT

(a) Extent of advertisement: The development has been advertised on site and neighbouring properties have been consulted.

(b) Response: No response has been received.

ANALYSIS

This application, when first received, was for a conservatory to the rear of a bungalow. The elevational details required further clarification. Following discussion with the applicant, it became apparent that the curtilage of the property had been extended in the past to include land that was part of a dairy to the rear. The application was subsequently amended to include the change of use of the land in question to the residential curtilage of the application dwelling.

The conservatory is of conventional UPVC design attached to the rear of the dwelling. It is subservient to the dwelling and ample curtilage is retained when the extended curtilage is taken into account.

The strip of land to the rear of the application site and to which this change of use relates was part of a dairy. It is long and narrow, lying between the applicant’s curtilage and an industrial estate behind. Being only a long thin strip, it cannot have served any practical purpose when attached to the dairy; it is therefore considered that the inclusion of the land into the curtilage of the application dwelling ensures its long term maintenance.

This application has been the subject of a number of revisions; a condition that refers to the most recently received details is therefore necessary for the avoidance of doubt.

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 hereby approved regarding the change of use relates to the details received on 21st April, 2005 and regarding the conservatory relates to the details received on 8th March, 2005.

The reason(s) for the Council’s decision is/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 development hereby approved.

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

P/04/1481 Mrs. S. Newman, Erect private dwelling house on 15/09/04 40 Graigwen Crescent, land adjacent to 40 Graigwen Abertridwr, Crescent, Abertridwr, Caerphilly. Caerphilly.

APPLICATION TYPE: OUTLINE APPLICATION

SITE AND DEVELOPMENT

Site description including area and locality: The site is the side garden of 40, Graigwen Crescent. It has a gradual gradient at the front half, and the rear of the site rises sharply to the rear boundary. It is bounded by mature hedgerows and trees. The land to the rear of the site is unused land with scrub vegetation. The site is otherwise surrounded by residential properties.

Location: The application site is on the northeast side of Graigwen Crescent, the main road into Abertridwr.

Development: The application is made in outline for a detached dwelling house. All matters apart from siting and access are reserved for subsequent approval. Amended drawings were received on 14th March, 2005, which include details of the access and siting for consideration.

Dimensions: The site has a 22.5m wide frontage, and is 16 metres deep at the north west boundary, narrowing to 9.5 metres at the south east boundary. It has an approximate area of 260 square metres.

Materials: None

Ancillary development, e.g. parking: Turning area, two parking spaces and two parking spaces for the existing property.

PLANNING HISTORY

There is no recent planning history.

POLICY

(a) Site allocation

Development plan: Mid Structure Plan - not allocated.

Council Approved UDP: Land within settlement boundary, not allocated.

Cont…. Application No. P/04/1481 Continued

Council Approved UDP: Policies H2 (development on unallocated sites); DC1 (development criteria) and DC4 (supplementary planning guidance); Development Design Guide No. 1 - ‘Building Better Places.’

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

CONSULTATION

Dwr Cymru/Welsh Water raises no objection subject to conditions and makes comments of which the applicant should be advised.

Chief Engineer (Highways) has no objection, subject to the attachment of conditions in respect of access, parking, and egress.

Chief Engineer (Drainage) makes no objection, subject to conditions, and makes comments, which must be conveyed to the developer.

Chief Environmental Health Officer has no objection in principle, subject to a condition relating to the control of imported material onto the site.

Aber Valley Council raises no objection.

ADVERTISEMENT

(a) Extent of advertisement: A site notice was erected and ten neighbours notified by letter.

(b) Response

Number of letters: Four letters of objection were received from nearby neighbours.

Summary of objections:

1. additional parking and turning would result in traffic hazards; 2. loss of privacy; 3. impact upon property values; 4. loss of trees; 5. loss of view.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

Cont..... Application No. P/04/1481 Continued

ANALYSIS

This outline application seeks to establish the principle of development and the details of siting and access, with approval of all other details reserved for a further application. The site area is approximately 270 square metres, which is similar in size to other properties in the vicinity. However, even though the site has a frontage of over 22 metres, and is 15 metres deep at its western boundary, it narrows to less than 10 metres along the eastern boundary. This means that the exact location of the dwelling, and the type of dwelling, are of critical importance to the assessment to ensure that a new dwelling does not adversely affect the character of the street scene and the surroundings in general. The amended details indicate a dwelling which would not significantly extend forward of the existing line of dwellings on this side of the road, such that a visual pinch point in the street scene would not result. The shape of the site, and the siting of the proposed dwelling would result in a small rear garden, which is consistent with the rear garden of the existing dwelling. However, there would be additional small areas of amenity space to the sides of the proposed dwelling and a reasonably sized garden to the front, which if the existing hedgerow were to remain would result in a relatively private area. Thus it is considered that the site is capable of accommodating a detached dwelling without adversely affecting the character of the residential area. Equally, the site is capable of accommodating the necessary on site parking, and the appropriate ratio of on site amenity area, is also capable of being accommodated.

The proposal at this stage conforms to the relevant standard development control criteria as specified in Policy DC1, and through the use of conditions, it is considered that a satisfactory development of the site could be achieved without there being any significant adverse effects upon the residential or visual amenity of the neighbouring properties. However, to ensure that the site would be developed in a manner, which would be in keeping with the surroundings, a condition should be attached to the grant of any consent, requiring the development of the site to be limited to one dwelling only.

In respect of the objections to the proposals, firstly, it should be noted that the site is of adequate size to satisfactorily accommodate one dwelling, which if sensitively designed and sited within the plot would not result in significant adverse effects upon any of the neighbouring dwellings or their gardens. In addition, the appropriate level of off-street parking and turning area would be provided. The issues of loss of privacy and light are matters, which are carefully examined during the determination of the subsequent application for the reserved matters, when the details of the proposed dwelling are submitted. The issue of impact on the value of neighbouring properties is not a planning matter.

The proposal for residential development is therefore considered to be acceptable in principle, subject to conditions.

Cont….

Application No. P/04/1481 Continued

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(1) Approval of the details of the design and external appearance of the building(s) 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) 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. (3) 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. (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) This permission shall relate to the amended plans received on the 14th March, 2005. (6) The means of access shall be laid out in accordance with the submitted plan and be completed in materials as approved by the Local Planning Authority before beneficial occupation of the dwelling hereby approved. (7) Notwithstanding the submitted plans no works whatsoever shall commence until details have been submitted to and approved by the Local Planning Authority which provide a minimum of two off-street parking spaces within the curtilage of the site, and two off-street parking spaces within the remaining curtilage of the existing dwelling identified on the submitted plans by a blue line boundary. Such provision shall be completed in permanent materials to be agreed in writing with the Local Planning Authority and constructed prior to beneficial occupation of the dwelling hereby approved, and maintained thereafter free of obstruction for the parking of motor vehicles only. (8) The proposed means of access shall be laid-out, constructed and maintained thereafter, with vision splays of 2.4m x 90m. (9) The existing access shall be permanently stopped-up at a point in time and in a manner to be agreed with the Local Planning Authority. (10) No obstruction or planting when mature, exceeding 600 metres in height shall be placed within the required vision-splay areas. (11) Turning facilities shall be provided within the curtilage of the site, before the dwelling hereby approved is occupied as approved by the Local Planning Authority, to enable vehicles to enter and leave in forward gear at all times, and this turning area shall not thereafter be sued for any purpose other than the turning of vehicles. (12) Any soil or similar material associated with the development hereby approved shall be imported to the site in accordance with a scheme of testing for contamination that shall be first agreed in writing with the Local Planning Authority. The development shall be carried out in accordance with the agreed scheme. (13) Prior to any development on site, details of a scheme indicating foul drainage, surface water drainage and land drainage shall be submitted to and agreed in writing with the Local Planning Authority. The agreed details shall be carried out in full prior to the occupation of the dwelling.

Cont…. Application No. P/04/1481 Continued

(14) 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 perimeter fences or walls, except for those expressly authorised by this permission, shall be erected without the prior written permission of the Local Planning Authority. (15) 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, extensions, conservatories or any outbuildings shall be erected (other than those expressly authorised by this permission). (16) This permission shall extend to the erection of one dwelling only on the site.

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) 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. (5) For the avoidance of doubt as to the development hereby permitted. (6-11) In the interests of highway safety. (12) To prevent pollution of the site. (13) To ensure proper drainage of the site. (14) In the interests of visual amenity. (15) In order to retain effective control over the development. (16) The site is not capable of accommodating more than one dwelling.

Advisory Note

The comments of the Chief Engineer (Highways) and Dwr Cymru/Welsh Water should be forwarded to the applicant. ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/05/0053 Pencelli Nursing Home, Erect extension to provide twelve 14/01/05 c/o Smith & Tuckwood Partnership, bedrooms and associated lounges, 31 Gelliwastad Road, new reception room and office at . Pencelli Nursing Home, Commercial Street, .

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Location: Pencelli Residential Home, consisting of a large stone built detached building set in a relatively large curtilage, is located on Commercial Street, Pengam. The Vicarage is adjacent to the north, Old Vicarage Close to the south, and two houses to the west. The boundary with Commercial Street consists of a 25 metre stone wall and large trees, the majority of which are covered by Tree Preservation Order No. 117. The boundary with Old Vicarage Close comprises large trees and shrubs, some of which are protected by the Tree Preservation Order.

Development: Two storey extension to the existing Pencelli Nursing Home that would provide an additional twelve bedrooms and associated lounges, new reception and office.

Dimensions: The two-storey ‘U’ shaped element of the extension would have pitched roofs, with the centre of the ‘U’ having a single storey monopitch roof. The extension would be attached to the eastern elevation of the main building and take up a large area of the lawn.

Materials: The walls of the extension would be facing brickwork and the roof simulated slate.

Ancillary development, e.g. parking: Eight new car parking spaces are provided within the grounds close to and under the trees that are set inside the wall on the eastern boundary.

PLANNING HISTORY

There is no recent planning history.

POLICY

(a) Site Allocation

Development plan: The site is within the settlement boundary identified in the Adopted Islwyn Local Plan.

Council Approved UDP: Within the settlement boundary.

Cont…. Application No. P/05/0053 Continued

(b) Policies:

Development plan: Policies D1 (design of the built environment) and CE3 (protection of important trees).

Council Approved UDP: Policies DC1 (general development control criteria including well designed in terms of its setting, scale, and materials) and C13 (development affecting trees)

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

CONSULTATION

Chief Engineer (Highways) raises no objection.

Chief Engineer (Drainage) comments that if the applicant intends to discharge surface water run off to existing drains the consent of Welsh Water will be required.

ADVERTISEMENT

(a) Extent of advertisement: Site notice and neighbour notification.

(b) Response:

Number of letters: None

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

The two main issues to consider are the design and scale of the extension as it relates to the host property, and the impact that the development would have on the trees within the grounds of the property, a large number of which are protected by a Tree Preservation Order.

With regards design and scale it is considered that the extension is acceptable. Although large in scale, the resultant development would still have garden space available to the residents. The colour and type of materials will be important in blending the extension with the existing stone built house. The resultant building would be well screened by the large trees on the boundary and there would be no problems to adjoining houses in terms of amenity or privacy.

Cont…. Application No. P/05/0053 Continued

With regards the impact on the trees there has been concern about the proximity of the new building and associated car parking spaces in relation to the trees. The building ranges from three to six metres from the crown spread of the trees and the car parking would be constructed below the crown spread of trees. In response to a request from Officers, the applicant supplied an Arboricultural Study of the trees on the site, but this did not adequately assess the impact.

Following discussion with Officers, the applicant has advised that the new car park area would be constructed in a non-invasive manner by constructing a porous formation above the existing ground level. Protection of the trees will be allowed for in the contract, the method of achieving this being discussed and agreed at the time of construction. They confirm that a non-invasive protective fencing will be allowed for, the extent and positioning of which can be agreed prior to construction. They confirm that utility services serving the site are already into the existing building and it is not envisaged that any external works will be necessary adjacent to the trees. They re-affirm their intention to maintain all of the existing trees.

In accordance with Policy C13 of the Council Approved Unitary Development Plan it is necessary to ensure that any development proposals do not result in the loss of trees that have a significant amenity value unless 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. The trees protect by the Order make a significant contribution to the character of the street scene in this area of Pengam.

Whilst the detail and position of the protective fencing and the method of constructing the car park have not been fully addressed, it is concluded that, provided such details are agreed before any works commence on site, and that works are subsequently carried out in accordance with those details, the development should not have an adverse effect on the trees. However, it will be essential to remind the developer of the importance of these matters and the need to ensure details are agreed at the outset. Appropriate planning conditions are recommended.

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 car parking spaces shall be laid out in accordance with Drawing Number ST/786/03 Rev. A. (3) Prior to the commencement of any works whatsoever forming part of the development details of tree protection measures and a detailed method statement of all constructional works within the crown spread of the trees shall be submitted to and agreed in writing with the Local Planning Authority. The agreed details shall be fully complied with at all times. (4) Prior to the commencement of any works whatsoever details of the constructional elements of the car parking area shall be submitted to and approved by the Local Planning Authority. The development shall fully comply with the approved details.

Cont….

Application No. P/05/0053 Continued

(5) The extension shall not 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. (6) No development shall take place until samples of the materials to be used in the construction of the external surfaces of the extension hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out 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) To clarify the development granted consent. (3&4) To ensure the protection of the trees within the site. (5) In the interests of highway safety. (6) In the interests of visual amenity.

Advisory Note

The applicant be reminded of the conditions that need to be discharged before any works commence on site and the comments of the Chief Engineer (Drainage). ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/05/0154 Barratt, South , Erect 193 residential houses, flats, 02/02/05 c/o Wyn Thomas Gordon Lewis, garages, fencing and all associated 21 Park Place, engineering works on land at South Cardiff. Celynen, Newbridge.

APPLICATION TYPE: RESERVED MATTERS

SITE AND DEVELOPMENT

This former colliery, reclaimed for development over the past few years, is at the bottom of the Ebbw Valley, on the western side of the river, with the mineral railway line, soon to be reopened as a passenger line, running along its western side. Outline planning permission was granted in 2001 for residential development at the site, which included a new roundabout and access road from the A467 at High Meadow, , which have recently been built. The current application is for the reserved matters approval for the siting, design, external appearance and means of access of the development.

A total of 193 houses is proposed, comprising a mixture of one and two-bedroom flats, and three and four-bedroom houses. The houses would be modern in design, typical of those utilised by volume house builders, using a mixture of brickwork, render and concrete roof tiles. Access into the site will be from the new bridge across the River Ebbw that runs westwards from the A467 and will terminate in a roundabout that will have two arms - one to the north, the other to the south. The bulk of the development will be accessed off the northern arm, which will lead to the main spine road for the development, which will contain a number of 90 degree bends, junctions and speed platforms to reduce traffic speeds and emphasise the residential nature of the streets. There will be a number of culs-de-sac leading from the main road at regular intervals, which on the eastern side of the site will also provide access through to the footpath and cycleway, which will run along the riverside.

To the south of the proposed roundabout, the site narrows, and the proposed development will become more linear in nature. The footpath and cycleway will continue along the riverside, and the road will terminate in a bus turning area, which will be provided primarily for the benefit of the school on the opposite side of the river.

PLANNING HISTORY

Reference No. Development Decision Date 2/9218 Outline application for industrial development Approved 1990 2/11412 Renewal of outline permission for industrial Approved 1993 development P/98/0778 Outline application for residential development Approved 2001 P/98/0087 Renewal of outline permission for industrial Withdrawn 2002 development P/04/0153 Variation of condition (3) of P/98/0778 to allow Approved 2004 extended period for submission of reserved matters Cont..... Application No. P/05/0154 Continued.

POLICY

The site is allocated for employment and landscape improvement in the Adopted Islwyn Local Plan. Policies D1 (standard development control criteria), H3 (design of new residential development) H11 (affordable housing) and H12 (public open space) of that plan are relevant to this proposal.

The site is shown as a housing commitment in the Council Approved Unitary Development Plan, and Policies DC1 (standard development control criteria), H3 (affordable housing), L9 (open play space provision) and L10 (outdoor sport provision) are relevant.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No

CONSULTATION

Chief Engineer (Highways) has no objection in principle, subject to minor matters of design that are currently under discussion with the developers.

Chief Engineer (Drainage) has no objection but has provided a number of comments to be passed to the developer.

Chief Environmental Health Officer has no objection subject to conditions in respect of the reclamation of the site.

Western Power Distribution and Transco have provided information about their apparatus in the locality.

Dwr Cymru/Welsh Water has no objections but suggests a number of conditions concerning sewerage and drainage and provides information to be passed to the developer.

Gwent Wildlife Trust has submitted a holding objection pending the carrying out of appropriate wildlife surveys and appropriate mitigation measures and designed into the project.

Environment Agency (Wales) comments that the site is within a C2 flood area which is defined in TAN15 Development and Flood Risk as one where there is no defence, and highly vulnerable development such as housing should not take place. However, it is recognised that outline planning permission has already been granted and it is requested that a flood consequence assessment is carried out.

ADVERTISEMENT

Forty-five neighbouring properties have been consulted, and four site notices have been posted. No comments have been received.

Cont..... Application No. P/05/0154 Continued.

EU Habitats Directive

Does the development affect any protected wildlife species? No.

ANALYSIS

For many years, following the closure of the South Celynen Colliery, this site contained the rubble of the demolished buildings and structures. Some three years ago work commenced on the reclamation of the site, which has all but finished, and now there are no buildings or vegetation present. A new access has been provided which includes a roundabout on the A467, which has improved access to the highway network for the residents of High Meadow and Chapel of Ease. There is also an opportunity to provide a new bus stop and turning area at the southern end of the site, which will be primarily used by the buses taking children to Abercarn Primary School. At present vehicles use the existing access to the school, which has a poor junction with the A467. The new facility will be on the opposite side of the river to the school, but there is an existing bridge, and it is understood that the company that reclaimed the land (Merriman) may in due course submit a planning application for a new footbridge across the river.

The outline planning permission for the residential development was granted subject to a Section 106 Agreement that required the payment of a total of £220,000 to the Council to provide a playing field and classrooms at the primary school. It also required 1.2 ha of land to be dedicated to the Council as public open space, and a minimum of 5% of the housing has to be affordable.

The submitted scheme is acceptable in planning terms. The layout has been revised following discussions with officers in order to make it more distinctive. At the entrance to the site, the flats (which are three storey) and housing are arranged in a circle around the roundabout to provide a gateway to the development. Care has been taken to ensure that all streets are overlooked by house frontages, rather than side boundaries and walls. Buildings have been grouped together, or the three storey flats placed, at prominent locations within the site to create minor landmarks, whilst at the centre of the site is a green overlooked by the adjacent houses.

In all, there will be seven points at which access can be gained to the riverside footpath- cycleway, which will link to the primary school to the south, and in due course, to ‘a safe route to school’ that the Council is seeking to provide northwards to Newbridge Comprehensive School. In addition, those links to the riverside will provide views out of the development of the woodland on the opposite side of the river. Many of the houses on the eastern side of the site will face the river and will provide surveillance of the footpath and cycleway.

Turning to the policies, the need for affordable houses is secured through the Section 106 Agreement, which has a broad definition of such accommodation including houses erected by the private sector for first time buyers. Thirty-six one and two-bedroom flats are proposed, approximately 18% of the total, along with a further thirty-eight small three bedroom dwellings. Cont..... Application No. P/05/0154 Continued.

Public open space has also been secured through the Section 106 Obligation which included the transfer of an area of woodland on the opposite side of the river into Council ownership, and the provision of land to the north of the housing estate as public open space. At present, the Council has not decided what to use the land for, although consideration has been given to the possibility of providing a multi use games area.

Two issues arise from the comments of consultees. Environment Agency (Wales) has asked for a flood consequences assessment (FCA) and the developers have carried one out and submitted it to the Local Planning Authority. The views of Environment Agency (Wales) have been sought. It did not object to the previous applications for the development of this site, and the principle of erecting houses has been secured through the granting of outline permission. However, the recommendation below is subject to a satisfactory comment from Environment Agency (Wales) who may require revisions to the scheme depending on their assessment of the FCA. The company that reclaimed the site has been in close consultation with Environment Agency (Wales) whilst that work was being carried out.

A holding objection has been made by Gwent Wildlife Trust with regard to ecological issues. As previously stated, the site itself has been cleared; this was necessary in order to remove the remnants of the colliery at the site, and so the development itself, will not impinge on any ecologically sensitive areas. The riverside footpath and cyclepath is being provided by the company that reclaimed the site, and is a separate matter to the housing subject of this application. However, for completeness, details of the proposed works are provided here.

Much of the riverbank has been removed as part of the reclamation, and it is currently being stabilised by drawing it back to a suitable gradient, and placing a rock roll at the toe adjacent to the river, with live willow behind it to provide a quick growing natural environment. This work has been agreed with Environment Agency (Wales). The remainder of the bank will be planted with a woodland mix reflecting the existing woodland on the opposite side of the river. Therefore, this element of the redevelopment of the land will enhance the natural environment in due course as the planting on the embankment becomes established. There is an extensive area of woodland on the opposite side of the river that will remain untouched.

Conditions on the outline permission require the provision of information concerning landscaping, ground conditions, including contamination, foul and surface water drainage, and noise insulation related to the increased use of the railway line. These matters are subject to on-going discussions with officers and should not prejudice the agreement of the details subject of this application. The conditions suggested by Dwr Cymru/Welsh Water are private matters that can be secured by that body under its own powers.

RECOMMENDATION that subject to no adverse comments being received from Environment Agency (Wales) that reserved matters approval is granted subject to the following conditions:-

Cont..... Application No. P/05/0154 Continued.

(1) Prior to the commencement of work on site, a report shall be submitted to and approved in writing with the Local Planning Authority that verifies that the site has been remediated in accordance with the strategy for such work approved by the Local Planning Authority. (2) The importation of any material to the site including soil for the purposes of the development hereby approved shall be carried out in accordance with a sequence and scheme of soil testing for contamination that shall have first been agreed in writing with the Local Planning Authority. (3) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking or re-enacting that order) the garage(s) 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 garage(s) shall be available at all times for the parking of motor vehicles associated with the residential use of the dwelling(s) hereby approved. (4) The dwellings hereby approved shall not be occupied until the means of access thereto has been provided to a standard to be agreed in writing with the Local Planning Authority. (5) The dwellings hereby approved shall not be occupied until the parking facilities associated with those dwellings has been provided in accordance with the approved plans.

The reasons for the Council's decision are:-

(1) To ensure that the site has been satisfactorily remediated. (2) To prevent the contamination of the site. (3) To safeguard parking provision. (4 & 5) In the interests of highway safety.

Advisory Note

The applicant's attention is drawn to the comments of the Chief Engineer (Highways and Drainage), Western Power Distribution, Transco and Dwr Cymru Welsh Water which are attached. ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/05/0155 Lear Investments, Create industrial, distribution and 03/02/05 c/o Signal House, associated offices (B1, B2 and B8) 186 Stourbridge Road, on land adjacent to Unit 36, Nine Lye. Mile Point Industrial Estate, .

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Location: The application site is a vacant area of land within Nine Mile Point Industrial Estate, and is sited adjacent to existing industrial units, served off Greenmeadow Road, which in turn has direct access off the A4048 at Cwmfelinfach.

Site description including locality: The site is a flat area of land with two road frontages. One is Greenmeadow Road and the other is Heol Glan-yr-Afon. The application site has a well established landscaping scheme along the Greenmeadow Road boundary of the site. The site looks out upon the country park on the opposite side of the valley.

Site area/dimensions: The site is approximately 12,350 square metres in area, and the industrial floor space proposed would be 3280 square metres.

Development: The application proposes industrial units for B1 (business), B2 (general industry) and B8 (storage and distribution) uses. Access to the site is via a new access to the width of 7 metres, created from Greenmeadow Road. The buildings are sited so that the largest measures 66 metres x 20 metres and consists of four units (units 1-4), 465 square metres consisting of two small units of 232 square metres each, which are centrally located. The other two are 348 square metres and 465 square metres. The latter is sited close to the existing units on the adjoining site.

A further building of three units (units 5-7) is to be sited within the site, adjoining the side of units 35-36, which are also within the control of the applicant. The measurements of units 5-7 range from 232 sq. m. to 348 sq. m. These overlook the proposed entrance and Greenmeadow Road. Parking spaces would be to the front of the units. Twenty-three parking spaces including disabled spaces have been sited parallel to Greenmeadow Road, adjoining the landscaped area. This is in addition to the parking provision provided outside individual units. Unit 8 is a building with a floor space of 929 sq. m. sited well within the plot. A 24m turning circle will be provided to the front of this unit. Parking alongside the units provides both operational and visitor parking.

PLANNING HISTORY

None. Cont…. Application No. P/05/0155 Continued

POLICY

(a) Site allocation

Development plan: Employment site, as identified in the Adopted Islwyn Local Plan.

Council Approved UDP: Employment site.

(b) Policies

Development plan: Policy E3 of the Adopted Islwyn Local Plan; this refers to a presumption in favour of development for employment purposes within such sites.

Council Approved UDP: Policy E1(15); this allocates the site for B1, B2 and B8 uses. Policy E4 identifies the site as an industrial site with land available for redevelopment.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? Yes

Was an EIA required? No

CONSULTATION

Chief Engineer (Highways) raises no objection subject to conditions. These include the requirement to have full engineering details of the road layout, with sections, street lighting and surface water drainage approved by the Local Planning Authority prior to the commencement of work on site

Chief Engineer (Drainage) notes that the site is within Zone B as identified in the current TAN 15, Development and Flood Risk and that consideration must be given to this when dealing with the application. He has no objection, in principle, to the development subject to conditions relating to foul, surface and land drainage.

Environment Agency (Wales) requires that the applicant undertake a site level survey and submit cross-sections clearly relating to River Sirhowy to the site, in accordance with the requirements of TAN15.

Transco and Western Power Distribution have forwarded details of apparatus in the vicinity of the site.

Dwr Cymru/Welsh Water raises no objection and has forwarded a condition and advisory note to be included on any permission granted.

Cont…. Application No. P/05/0155 Continued

ADVERTISEMENT

(a) Extent of advertisement: Three of the adjoining industrial premises were individually notified and the application was advertised on site and in the press.

(b) Response: None.

ANALYSIS

The application site is an undeveloped area of land in an otherwise built up area of industrial development. It lies relatively close to the entrance to the estate. The buildings would be arranged in a manner that would give some visual interest from Greenmeadow Road, and the entrances to the units would be visible from that highway.

The rear of units 1-4, which adjoin Heol Glan-yr-Afon, would provide little visual interest or surveillance on Heol Glan-yr-Afon. This elevation lacks fenestration and would provide little natural surveillance or interest from the street.

Whilst it is acknowledged that this is an existing situation on many industrial sites, the applicant was advised of the advice contained in Development Design Guide 14, which the Council has now adopted. Guideline 10 states that main entrances and ancillary office use, for example, be prominent to the street and include sufficient glazing to provide visual links between the outside and inside buildings.

Amended plans have been received which indicate some fenestration on this elevation, which would provide some interest, when read in conjunction with the planting proposals between the building and the highway. The agent emphasises the fact that the economic ceiling in the rental and sale value of these units are such that a realistic approach has to be made in the design of buildings. He submits that the design is a reflection of its use, market forces and realistic commercial view.

The site has a well-established landscaping scheme which is to be retained and reinforced. This would help to mitigate any concerns regarding fenestration at street level, which realistically cannot be achieved under the above parameters. The applicant has also agreed to amend the fencing material from ‘palisade’ to ‘weldmesh’ type fencing, and the details are now considered acceptable.

The principle of the development and the details are now considered acceptable.

Environment Agency (Wales) recommends that the Local Planning Authority requires the applicant to undertake a site level survey, and also to submit cross sections clearly relating to the River Sirhowy to the site, prior to the development of the site. A Zone B is identified by TAN 15 as one where flooding has taken place in the past because of the presence of sedimentary deposits. Subject to this, which can be secured by conditions, the application is acceptable.

Cont…. Application No. P/05/0155 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 any development on site, the applicant shall forward a site level survey to ordnance datum and cross sections clearly relating the development site with the River Sirhowy, to the Local Planning Authority for agreement in writing. (3) This consent shall relate to the amended drawing received on 13th May, 2005. (4) The fencing around the perimeter of the site shall be 1.8m high galvanised steel plastic coated Weldmesh type fencing as agreed to by letter received 13th May, 2005. (5) The required access, together with the vision splays, shall be laid out and constructed in materials as approved by the Local Planning Authority before the development is occupied. (6) Any gates shall be located and fitted so as not to open out over the highway. (7) Not withstanding 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 to and approved by the Local Planning Authority. (8) The operational and turning areas indicated on Drawing No. G1120-PO1 shall be kept free of obstruction for the purpose of vehicular turning and manoeuvring within the confines of the site. (9) No obstruction or planting when mature exceeding 0.9 metres in height, shall be placed within the required vision splay areas of 4.5 metres x site frontage. (10) The parking and servicing areas shall be completed in permanent materials as approved by the Local Planning Authority prior to the occupation of the buildings. (11) No development shall take place until details of external finishes have been agreed to in writing with the Local Planning Authority. Development shall be carried out in accordance with the approved details. (12) Notwithstanding the submitted plans, no development shall take place until there has been submitted to and agreed with the Local Planning Authority, a scheme of landscaping, including a schedule of planting, indicating the species and height at planting. The plan shall also include all existing trees and those to be removed, together with measures for the protection of those to be retained. 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. (13) Any soil or similar material imported in association with the development hereby approved shall be tested and treated in a manner to be agreed in writing with the Local Planning Authority. (14) Prior to the commencement of development, a detailed scheme for the drainage of the site shall be submitted to and approved in writing by the Local Planning Authority. No development shall take place except in accordance with the approved details.

Cont…. Application No. P/05/0155 Continued

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 meet the requirements of Figure 1 (section 4) and Table 9 of TAN 15, as the site is identified within zone B in the criteria set out in TAN 15 Development and Flood Risk (July 2004). (3) For the avoidance of doubt as to the approved plans. (4) For the avoidance of doubt as to the type of fencing approved. (5-10) In the interests of highway safety. (11&12) n the interests of visual amenity. (13) To prevent pollution. (14) To ensure adequate drainage and to prevent pollution of the watercourse. ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/05/0156 Mr. Perrett, Retain landscaping to rear garden 03/02/05 8 Rhos y Dderwen, and play area at 8 Rhos y Dderwen, Highfields, Highfields, Blackwood. Blackwood.

APPLICATION TYPE: RETENTION APPLICATION

SITE AND DEVELOPMENT

This application relates to the retention of hard landscaping in the rear garden of a new detached dwelling. The garden is steeply sloping and the proposals involve the use of decking, fencing and paving to create a terraced garden.

The dwelling lies at the top of the slope and approximately half of the garden nearest the house has been laid out as a patio and a lawn, which are approximately 1.25m below the floor level of the dwelling. The lower end of the garden is covered with a timber deck, some 2.75m below floor level, half of which is set below original ground level and the other half raised up to 1m above ground level. The raised section lies against the rear boundary fence. A flight of steps and an embankment is located between the upper and lower levels. At the lower level a low, roofed, hutch-like structure for keeping small animals is located in the corner.

The boundary fence at the rear boundary has been raised by 800m above the top of the original boundary fence and a 1.7m high fence encloses the lower decked area.

PLANNING HISTORY

Reference No. Development Decision Date P/96/0353 Construct access road and drainage to facilitate Approved 14/11/96 residential development P/99/0063 Erect 63 two storey dwellings with associated Approved 16/04/99 highways and drainage works P/04/0495 Convert garage into playroom Approved 25/05/04

POLICY

The site is located within the settlement boundaries defined in both the Adopted Islwyn Local Plan and the Council Approved Unitary Development Plan.

In both plans, the site is shown as a Committed Housing development (Policy HC8 and HC(11), respectively refer).

In the Unitary Development Plan, Policy DC1 (standard development control criteria) is pertinent to this proposal.

Cont..... Application No. P/05/0156 Continued.

CONSULTATION

No statutory consultations were required in association with this application.

ADVERTISEMENT

The occupants of three adjoining dwellings were notified of the application and one letter has been received which expresses concern that the decking at the lower end of the garden has been raised 2-3 feet above the original level which has resulted in the loss of privacy in the rear garden and that the windows of the kitchen and dining room are fully overlooked.

ANALYSIS

The proposal represents an imaginative way of utilising a very steep garden for domestic purposes. Although the appearance of the area is dominated by hard landscaping, this is only apparent from the dwelling itself and the immediately adjoining dwellings, since the garden is itself at the top of a very high embankment which falls down to Bryn Road. The only external visual effect of the development is the increase in the height of the rear boundary fence which is not unacceptable.

The application is for the retention of the development and, thus, it has been possible to physically assess the extent to which the adjoining properties have been affected. The development has been viewed from the neighbouring property following the receipt of the representations and it is concluded that whilst there may be a marginal effect of overlooking of the neighbour’s garden, the effect upon the kitchen and dining room is no more than in any rear garden situation and, in fact, has less effect than many similar situations with level gardens, the distance of the elevated portion of the decking being approximately 15m from the nearest window and almost 2m below the floor level.

The proposals do not conflict with development plan policies.

RECOMMENDATION that Permission be GRANTED. ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/05/0161 Mr. K. Davies, Retain dwelling and engineering 08/02/05 Ty Canu, works in garden with amended site Warren Drive, access on land at rear of 1 Warren Caerphilly. Drive, Caerphilly.

APPLICATION TYPE: RETENTION APPLICATION

SITE AND DEVELOPMENT

Site description including area and locality: The application site is a parcel of land to the rear of 1 Warren Drive, Caerphilly. All four boundaries of the application site are shared with the surrounding residential plots. These are occupied by two storey dwellings on higher land to the north, west and east of the application site. A bungalow occupies the property at a lower level, to the south, and is separated from the application site by a watercourse, the Nant y Calch. The driveway into the plot junctions with Warren Drive, which is south of the application site.

The dwelling, proposed for retention, has already been erected on the site, together with retaining structures and altered ground levels.

Location: The site is on the north side of Warren Drive, close to the junction with Mountain Road.

Development: This is an application for the retention of a dormer bungalow and works to raise the ground level of the garden to this bungalow. The dwelling was originally believed to have been built in accordance with application reference P/99/0385, which was reported to Committee on 3rd May, 2000. The erection of the dwelling commenced in April 2003. However, following complaints from local residents, the development was checked on site. The position of the dwelling was found to be some 900mm closer to the boundary of the site shared with 19 Corbett Crescent, than shown on the approved plans. The internal layout of the property had also been slightly altered, resulting in an amendment to the window openings in a number of the elevations to the property.

In view of this, an application, Reference P/03/1269, was submitted in retrospect for the retention of the dwelling and other works, as built. Whilst the principle of this application was considered acceptable, the plans showed an inadequate access to the site. This application was, therefore, refused on this basis by the Planning Committee on 28th July, 2004. The committee also authorised the service of an Enforcement Notice in respect of the unauthorised works. This Notice was served on 9th September, 2004. The Notice served, in effect, granted planning permission for the retention of the building and other engineering works, but prevented the use of the building as a dwelling house. This Notice has prompted the owner and occupier of the building to submit the application now before committee.

Cont…. Application No. P/05/0161 Continued

The ground floor of the dwelling comprises of two lounge areas, a study, kitchen, utility room and WC. The first floor is occupied by four bedrooms, an en-suite bathroom and a main bathroom. The dwelling is sited to the north of the plot allowing for the main garden area to the watercourse to the south.

This application also seeks permission to retain the raised ground level; the area of land affected by this engineering operation extends from the south elevation of the building to approximately 2 metres from the bank of the adjoining stream. The works have already been carried out to the property and have resulted in a levelled garden area. It appears that the level of the application site was originally almost 500mm higher than the adjoining plot, 19 Corbett Crescent. The properties were previously separated by a small bund and thick hedgerow. The hedgerow has now been removed and replaced with a smooth rendered retaining wall, which doubles as the boundary enclosure. The garden area of the dwelling, proposed for retention, is a maximum of 1 metre higher than the adjoining plot when measured at the southeast corner of the plot (the section adjacent to the watercourse). This difference in ground level decreases to approximately 500mm along the remainder of the boundary.

Dimensions: The dwelling, proposed for retention, has a height of 7.3 metres when measured to the apex of the roof. The property has a ground floor area measuring approximately 100 square metres and a first floor area totalling approximately 80 square metres. The area of the plot, excluding the drive, is approximately 600 square metres.

Materials: The building has been finished in red facing brick, grey slate and white upvc window fittings.

Ancillary development, e.g. parking: The application proposes the provision of on site parking. The plans submitted with this application also demonstrate improvements to the access to the site at its junction with Warren Drive. These improvements have been implemented on site and allow for a vision splays measuring 2.4m x site frontage in the direction of Mountain Road and 2m x 30m along Warren Drive.

PLANNING HISTORY

Reference No. Description Decision Date 5/5/89/0041 Erection of a bungalow Approved 26/06/1989 5/5/92/0503 Erection of dwelling Refused 19/11/1992 5/5/93/005 Erection of dormer bungalow (Outline) Approved 23/04/1993 5/5/95/0471 Construction of new vehicular access to serve Approved 07/12/1995 plot. 5/5/96/0141 Erection of dormer bungalow (Reserved Matters) Approved 01/07/2003 P/99/0385 Erection of dormer bungalow Approved 17/08/2000 P/03/1269 Retain dwelling and garden levelling works Refused 02/08/2004

Cont…. Application No. P/05/0161 Continued

POLICY

(c) Site Allocation

Development plan: The application site is within the Settlement Limit identified in Proposal EV1 of the Adopted Caerphilly Basin Local Plan, October 1983 (CBLP).

Council Approved UDP: The site is also within the Settlement Boundary of Caerphilly as identified in Policy DC2 of the Council Approved Unitary Development Plan April, 2003 (UDP).

(d) Policies

Development plan: Proposal H4 (Infill Development) of the CBLP is of relevance to this application.

Council Approved UDP: The development has also been assessed against Policies H2 (Development on Unallocated Sites) and DC1 (Development Criteria) of the UDP. Also of relevance is the Council’s Supplementary Planning Guidance No 1: The Design of New Housing in Urban Areas.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No

CONSULTATION

Chief Engineer (Highways) raises no objection subject to conditions concerning parking and the driveway.

Chief Engineer (Drainage) raises no objection.

Welsh Water advises as to how the site should be drained. However, the drainage has been implemented on site in line with their requirements.

Environment Agency (Wales) raises no objection and gives advice on drainage, pollution and waste.

Transco raises no objections to the development. However, whilst it confirms that it has no apparatus affected by the proposal, it asks that the applicant contact them to discuss the development.

The Council’s Structural Engineer is satisfied with the details, including calculations of all retaining structures erected on the site.

Chief Environmental Health Officer has no objection to the development.

Cont…. Application No. P/05/0161 Continued

ADVERTISEMENT

(c) Extent of advertisement: The neighbouring properties have been consulted and a site notice was displayed at the entrance to the application site.

(d) Response

Number of letters: Two.

Summary of objections: The first objection is from an individual who was the previous owner and occupier of one of the dwellings directly adjoining the site. She objects to the application on the basis that the previous applications for this development and Enforcement Procedures followed in respect of various breaches of planning control were not properly considered or carried out.

The second of the two objectors makes a number of comments in respect of the proposal, listed below:-

• The dwelling is no longer a dormer bungalow, as originally approved,

• The dwelling has been erected on ‘made up ground’,

• The house has been built ‘out of plan’ and the dimensions shown on the submitted plans are not accurate, and

• The Council has failed to pursue Enforcement Action in respect of the unauthorised development and have failed to pursue compliance with the Enforcement Notice served.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No

ANALYSIS

It is important to note that the reason for the refusal of planning permission (Reference No. P/03/1269) was on the basis of inadequate access to the site via Warren Drive. The building itself, including other works on the site to raise the garden level, were considered acceptable, subject to further completion works. Planning Committee was advised of this in the report prepared for Committee in respect of the P/03/1269 application.

This decision allowed for the service of the an Enforcement Notice which, in effect, granted planning permission for the retention of the building and other engineering works, but prevented the use of the building as a dwelling house.

Cont…. Application No. P/05/0161 Continued

The applicant now seeks to retain the development and associated works, as built, but proposes an amended site access, which is considered below.

Whilst the principle of the development has previously been accepted, in view of the objection received, full consideration has been given, below, to the proposal.

In view of the surrounding residential land uses, the proposal to retain the residential dwelling, is considered to comply with Criterion B of Policy DC1 and Criterion A of Policy H2 of the UDP.

The size and scale of the building is considered to reflect that of the surrounding properties. On inspection of the completed dwelling, the height and level of the building is considered to have a minimal impact on the surrounding built environment.

The dwelling is at a lower level than all surrounding properties, with the exception of 3 Warren Drive to the south of the application site. The garden area of the proposed scheme separates the new dwelling from the dwelling at 3 Warren Drive. The development is not, therefore, considered to have an overbearing effect on this or any other adjoining property. The quality of the materials used in the building and design of the dormer bungalow are considered to acceptably complement the surrounding residential properties. The relevant objections of the adjoining occupiers have been considered. However, in view of the size, scale and design considerations above, the development is considered to protect the character of the existing residential area, in compliance with the Council’s supplementary planning guidance and Criterion B of Policy DC1 and Criterion B of Policy H2 of the UDP.

In view of the proximity of the surrounding properties, it is evident that the dwelling proposed for retention is constrained with regard to direct privacy infringements between habitable rooms of the proposed and existing surrounding dwellings. As there are no windows in the north elevation of the dwelling, facing 21 Corbett Crescent, the development is not considered to affect the privacy of the occupiers of this adjoining dwelling. All windows in the eastern elevation of the dwelling face across the lower garden of 19 Corbett Crescent. The habitable room windows in the rear elevation of 19 Corbett Crescent are outside of a 45 degree angle of view from the habitable room windows of the east elevation of the new dwelling. They are not, therefore, considered to infringe the Council’s privacy standards normally applied to such developments. Notwithstanding this, the view of the development from 19 Corbett Crescent, is partly screened by an existing brick wall and row of conifers along the shared boundary. Further screening will be provided by the completion of the retaining wall and screen between the two plots.

The habitable room windows in the south and west elevation of the dwelling face the rear elevations of both 1 and 3 Warren Drive. The habitable room windows of the south elevation face the side windows of a conservatory erected with permitted development rights, to the side of 3 Warren Drive. Whilst within 21 metres of each other, in view of the difference in the levels between the conservatory and the new dwelling it is considered that any privacy infringements can be reasonable overcome with appropriate screening, in the form of landscaping and enclosures along the south of the application site.

Cont…. Application No. P/05/0161 Continued

Any view from the habitable room windows in the west elevation of the building to the habitable room windows in the rear elevation of 1 Warren Drive, are screened by an existing conifer hedge along the shared boundary.

In view of the above, it is considered that the applicant has carefully orientated the building and the internal layout to arrive at a solution that deals with the privacy issues in respect to the Council’s standards. The development is not, therefore, considered to have an unacceptable impact on the residential amenities enjoyed by current occupiers.

The development also allows for acceptable amenity space surrounding the dwelling; however, the majority of this area is subject to the proposal to retain the raised garden level. This element of the development is considered to mostly effect the occupiers of both 3 Warren Drive and 19 Corbett Crescent, by the use of this amenity space. It is, however, considered that any privacy infringements in this respect can be reasonable overcome with the appropriate use of screening.

With regard to the retaining wall proposed for retention between the application site and 19 Corbett Crescent, it is important to note that the application site was originally at a higher level than the rear garden of this adjoining property. The garden to the rear of 19 Corbett Crescent is some 28 metres long and the area of this garden affected by the raised ground level is only approximately 12 metres of the lower garden, furthest away from the dwelling on this adjoining plot. It is understood that the remaining section of retaining wall, closest to the dwelling, retains the original difference in ground levels between the two properties, previously retained by a small bank and hedgerow. The applicant proposes to erect a screen of brick pillars and timber fence panels as part of the retaining structure. In view of this and the relatively small increase in ground level, the raised ground level is not considered to have a harmful impact on the residential amenities of the occupiers of 19 Corbett Crescent, subject to the acceptability of the construction of the structure.

Finally, with regard to the access to the site, the applicant has proposed a vision splay within the application site to allow for cars to safely enter and exit the site. This vision splay has been implemented on site and the Council’s Highway Engineer has inspected these works. He has confirmed that he is satisfied with the plans submitted and the works carried out on site. This element of the development is, therefore, in line with Criterion C of Policy DC1. Notwithstanding this, conditions are recommended which relate to the maintenance of this vision splay.

In view of the above considerations, it is recommended that permission be granted for this development.

RECOMMENDATION that Permission be GRANTED

Cont…. Application No. P/05/0161 Continued

This permission is subject to the following conditions:-

(1) Within one month from the date of this permission, a scheme of landscaping of the site shall be submitted to, and approved in writing, by the Local Planning Authority. Thereafter the approved scheme shall be carried out in the first planting and seeding season following the written approval of the scheme 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 a similar size and species unless the Local Planning Authority gives written consent to any variation. (2) Within one month from the date of this permission, details of the surfacing of the driveway shall be submitted to, and approved in writing, by the Local Planning Authority. These details shall propose the surfacing of the drive in permanent materials for the first 10 metres of the access drive measured from its junction with Warren Drive. The driveway shall be constructed in accordance with the approved details within two months from the date of the written approval. (3) The site shall be served by vision splays measuring 2.4 metres x site frontage in the direction of Mountain Road and 2 metres x 30 metres along Warren Drive. (4) No obstructions or planting, when mature exceeding 900mm in height, shall be placed within the required vision splay areas. (5) 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 windows/dormer windows (other than those expressly authorised by this permission) shall be constructed at the development hereby approved. (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, extensions or outbuildings shall be erected (other than those expressly authorised by this permission) at the garden of the dwelling hereby approved. (7) Within one month of the date of this permission, details of a scheme of site enclosure, including screening along the south boundary of the site shall be submitted to, and agreed in writing with the Local Planning Authority. The development shall be completed in accordance with the agreed details within 2 months from the written approval of these details. The enclosures erected in accordance with these details shall, thereafter, be maintained in place at all times.

The reasons for the Council’s decision are:-

(1) In the interests of visual amenity. (2,3,4&7) In the interests of highway safety. (5&6) In order to retain effective control over the development.

Advisory Note

The applicant be advised of the comments of Dwr Cymru/Welsh Water and Environment Agency (Wales).

Cont….

Application No. P/05/0161 Continued

Proposal H4 of the Caerphilly Basin Local Plan is of relevance to the conditions imposed on this consent.

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

P/05/0179 Mrs. J. Evans, Erect rear extension at 48 Fflorens 09/02/05 48 Fflorens Road, Road, Treowen, Newbridge. Treowen, Newbridge.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Location: The dwelling is situated on the western side of Fflorens Road, Treowen, immediately to the north of Royal Crescent.

House type: Semi-detached dwelling.

Development: Permission is sought to erect a two storey rear extension.

Dimensions: The extension would measure 4.9m wide by 2.7m deep, with a height to the ridge of 6.2m.

Materials: Render and concrete tiles.

PLANNING HISTORY

None.

POLICY

(a) Site allocation

Development plan: Adopted Islwyn Local Plan - the site is within the settlement envelope.

Council Approved UDP: The site lies within the settlement boundary identified by Policy DC2.

(b) Policy

Development plan: Islwyn Local Plan - Policies D1 to D6 (Design of the Built Environment) and H4 (Alterations and Extensions to Dwellings).

Council Approved UDP: Policy DC1 (Development Criteria) and advice contained in Development Design Guide No.2: Householder Developments.

Cont….

Application No. P/05/0179 Continued….

CONSULTATION

Chief Engineer (Highways) has no objection.

Welsh Water advises that a public sewer crosses the site and that no development will be permitted within the safety zone.

ADVERTISEMENT

(a) Extent of advertisement: Five adjoining dwellings were consulted on the proposal by letter.

(b) Response

Number of letters: One.

Summary of objections: The first floor window in the rear elevation of the proposed extension would overlook the objector’s patio and ground floor windows.

ANALYSIS

The proposed siting, massing and detailed design are considered to be in keeping with the original dwelling and adjoining properties.

In terms of residential amenity, the extension would be of limited depth and while it would overshadow a bedroom window of the attached dwelling to a certain degree, it is not considered that this would be seriously detrimental to the amenities of that dwelling.

There are concerns, however, in respect of the effect on privacy of neighbouring properties. The application, as originally submitted, contained a first floor bedroom window on the rear elevation. The dwelling to the rear, No. 3 Albertina Road, is in close proximity to the application property and has an existing full-width ground floor extension. An application to build a first floor above was refused permission in June 2003 on the grounds that the proximity of habitable room windows would result in an unacceptable loss of privacy to residential occupiers on Fflorens Road. The separation would have been approximately 14.5m; the current proposal would result in a separation of approximately 11.5m between the two properties. The dwellings on Fflorens Road are at a lower level and the first floor of No.48 is at a similar level to the ground floor of No.3 Albertina Road, with the result that the rear bedroom windows of the proposed extension would be overlooked by the kitchen window of No.3 Albertina Road at close quarters, and vice-versa. It is considered that this would have a serious detrimental effect on the residential amenities of both properties.

In an attempt to overcome this problem, the applicant has submitted amended drawings with the bedroom window re-sited to the side elevation.

Cont….

Application No. P/05/0179 Continued

However, while this would remove the problem insofar as the property to the rear is concerned, it is considered that the window on the side elevation would have a seriously detrimental effect on the adjoining dwelling No. 46 by virtue of overlooking of the rear garden.

While there are other options for achieving the accommodation, some of which have been discussed with the applicant, she wishes the application to be determined as amended, i.e. with the proposed bedroom window on the side elevation. It is therefore recommended that permission be refused on the grounds of loss of privacy for the adjoining property.

RECOMMENDATION that Permission be REFUSED

The reason for the Council’s decision is:-

The proposed first floor bedroom window in the side elevation of the extension would result in a serious loss of privacy for the occupiers of the adjoining dwelling, No. 46 Fflorens Road. The proposal would therefore be contrary to Policy DC1 of the Council Approved Unitary Development Plan and Guideline E5 of the Adopted Development Design Guide 2: Householder Developments.

Advisory Note

The applicant be advised that an amended scheme that avoids the problem of the overlooking of adjoining properties may be more favourably considered.

______

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

P/05/0261 Mr. K. Orrell, Erect residential development at 22/02/05 5 John Batchelor Way, Abertridwr & Penarth, Conservative Club, between Vale of Glamorgan. 124/126 Caerphilly Road, Senghenydd.

APPLICATION TYPE: OUTLINE APPLICATION

SITE AND DEVELOPMENT

Location: The application site is within settlement limits with residential properties on either side, overlooking Caerphilly Road to the front with double yellow lines and bus stop. The site straddles the lane at the rear of the club that currently occupies the front half of the site.

Building type: Large existing three storey social club linked to a terrace of dwellings. Application site includes land to rear on the opposite side of rear lane with group of garages upon it.

Development: Outline planning permission is sought for the residential development of the land, with all matters reserved.

Dimensions: The plot upon which the existing club currently stands has an area of approximately 450 square metres, whilst the plot to the rear upon which the garages currently stand is approximately 480 square metres.

Ancillary development, e.g. parking: The applicant has been advised that drainage of surface water to the public sewer will not be permitted. An alternative scheme of drainage has been requested but has not been received.

PLANNING HISTORY

No recent planning history.

POLICY

(a) Site allocation

Development plan: N/A

Council Approved UDP: The site is within the settlement boundary

(b) Policies

Development Plan: N/A

Cont… Application No. P/05/0261 Continued

Council Approved UDP: Policy H2 (development on unallocated sites) and Design Guide No 1 - Building Better Places to Live (guidance with regard to the design and layout of new residential development).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

CONSULTATION

Chief Engineer (Highways) raises no objection subject to the provision of adequate parking facilities and a vehicle passing bay to the rear lane. It is also pointed out that the land to the rear is accessed via a rear lane without a footpath, thus, the construction of residential accommodation should be restricted to the part of the site fronting the main road which has safe pedestrian access.

Chief Engineer (Drainage) advises as to how the site should be drained and has explained that part of the site is within a C2 flood zone. TAN 15 (Development and Flood Risk) defines a C2 zone as an area of flood plain where there is no defence and where highly vulnerable development should not be built, which includes housing.

Chief Environmental Health Officer raises no objection subject to a condition regarding the importation of soil.

Dwr Cymru states that surface water will not be allowed to drain to the public sewer.

Aber Valley Community Council raises no objection.

ADVERTISEMENT

(a) Extent of advertisement: The development has been advertised on site and neighbouring properties have been consulted.

(b) Response

Number of letters: Two.

Summary of objections:

• Part of the site may include land in the ownership of a neighbour. • The description of the land use on the application states that the garages to the rear are ‘derelict’; this is not the case as a writer uses one of them.

Cont… Application No. P/05/0261 Continued

• One letter explains that there is limited parking in the vicinity making it difficult for the existing residents to find spaces.

ANALYSIS

This application relates to an existing building that is used as a politically affiliated social club (sui-generis use). The use proposed in outline is residential (C3 use). Either side of the building there are existing dwellings; the proposed use should therefore be compatible with the neighbouring uses in accordance with Policy H2 part A, which requires that infill residential development should not conflict with neighbouring uses. The application site is comprised of two parts; one section of land to the front facing a classified road is a plot of 450 square metres that is almost completely occupied by the club building. The plot is large enough to accommodate a variety of residential structures that should blend with the existing residential development in the street scene in accordance with part B of Policy H2.

The second section to the rear on the opposite side of a rear lane is similar in size to the plot that the club stands on. This plot is currently occupied by a set of garages. The applicant has stated that the garages are derelict but there is some doubt as to whether this is the case. Access to the rear is only via a rear lane without a footpath. This part of the site is not therefore suitable for residential accommodation on access grounds and it is therefore considered more suitable for ancillary use to serve the front plot; i.e. as a car parking area or amenity space. Chief Engineer (Drainage) has advised that this part of the site is in a C2 flood risk zone thus further reducing its suitability for residential development. In addition, a Flood Risk Assessment should be carried out to assess the risk of development of this part of the site in accordance with TAN 15.

The submitted details state that surface water is to be drained to the public sewer. Welsh Water states that no surface water will be allowed to drain to the public sewer. A revised scheme of drainage has been requested but not received. Chief Engineer (Drainage) has provided some advice with regards to the drainage of the site but notwithstanding that the residential development of the front part of the site may be acceptable in principle, the absence of adequate drainage information is contrary to Planning Policy Wales and leaves unacceptable doubt as to whether adequate surface water drainage can be achieved (particularly as part of the site lies within a C2 flood risk zone).

The letters that have been received indicate that some of the land that lies to the rear may be in the ownership of others and that the garages are currently in use as parking space serving other properties. The applicant has been requested to provide further information regarding these matters but none has been provided.

In conclusion, whilst there is a potential for residential development of this site or part of it, insufficient information has been provided and exchange of correspondence has ceased. Thus the application cannot proceed further.

RECOMMENDATION that Permission be REFUSED

Cont… Application No. P/05/0261 Continued

The reasons for the Council’s decision are:-

(1) Details of surface water drainage and an assessment of its effects have not been provided, contrary to Planning Policy Wales 2002 which explains that non-mains surface water drainage schemes should be the subject of an assessment of their effects prior to the determination of a planning application. (2) A flood consequences assessment has not been provided in accordance with Tan 15 Development & Flood Risk July 2003, which identifies the site as a category C2 flood risk area.

Advisory Note

The applicant be advised that:

• The rear part of the site is in a flood risk zone. • Adequate surface water drainage information should be provided in support of any re- submitted application.

In addition, a more accurately drawn site location plan should be provided and more accurate information regarding the use of the site should be provided, i.e. the garages to the rear do not appear to be derelict as stated in the submitted details.

______

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

P/05/0352 Miller Contractors Ltd., Construct nine two bed starter 08/03/05 Unit 7, Glan-y-Llyn, homes on land at former dairy, The Taffs Well, Avenue, Trethomas, Caerphilly. Cardiff.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Location: The proposal relates to a roughly triangular area of land located to the south of The Avenue and St. Margaret’s Close in Trethomas.

The site area measures 0.16 hectares and has until recently been occupied by a company operating a dairy business. This was accommodated within two buildings, which currently remain on site.

The site is bounded by residential land to the north and the Pant Glas Industrial Estate to the south, east and west.

Development: The houses are arranged in three blocks with a total of nine dwellings in all. These blocks comprise one of four dwellings, one of three dwellings and one pair of semi- detached properties.

They front onto a parking courtyard with provisions for fourteen car parking spaces.

They are served by one access point, from the road to the north, which leads directly into The Avenue and thereafter onto the main road running through Trethomas.

The dwellings are described by the applicant as starter homes. They consider that the site, with its particular shape is ideally suited to such dwellings. All the properties will be finished in facing brick.

The dwellings are all two-bedroom houses with internal floor areas measuring 63 sq. m. They are all finished in facing brick. In view of the industrial units to the south a 3m high fence is proposed along this boundary. The applicant in his supporting Design Statement itemises the number of vehicles attending the site and gives an estimate of the weekly and daily vehicle movements.

PLANNING HISTORY

This application is identical to that submitted by the same applicant in the Summer of 2004 (Code Ref. P/04/1030).

Cont…. Application No. P/05/0352 Continued

That proposal was refused in February, 2005 on policy grounds regarding the impact of unacceptable and uncontrollable nuisance from the industrial land uses to the south.

The applicant indicated that they wished to appeal this refusal, however prior to that appeal being lodged they choose to resubmit the same scheme with the intention of convincing the Authority that the reasons for refusal, previously stated, could be satisfactorily addressed.

To this end the matter has been the subject of a re-submission, which has involved direct discussion with the Chief Environmental Health Officer and the applicant’s agents.

POLICY

(a) Site allocation

The development plan covering the site is made up of the Caerphilly Basin Local Plan (Adopted 1983) and the Structure Plan (1989).

Within the former plan the site is contained within the identified settlement boundary but does not form part of a defined land use allocation.

Also of relevance is the Council Approved Unitary Development Plan, which although not formally adopted is up-to-date and should be considered as a material consideration in assessing such applications.

In this plan the site also lies within the defined settlement limits, but again it is not land identified specifically for a land use allocation.

(b) Policies

Policies H2 (encouragement of high density housing), H4 (infill residential development) and EV2 (development to be in keeping with the locality) of the Caerphilly Basin Local Plan are of relevance to this proposal.

In the Council Approved Unitary Development Plan, Policies H2 (development on unallocated sites) and DC1 (development criteria) are of relevance. The Council’s Development Design Guide No. 1 “Building Better Places to Live” should also be referred to.

ENVIRONMENTAL ASSESSMENT

The proposal did not fall within the thresholds for screening under the relevant regulations.

CONSULTATION

Dwr Cymru raises no objection to the application subject to advice being passed on to the developer by way of condition and/or letter.

Cont….

Application No. P/05/0352 Continued

Both Western Power Distribution and Transco comment that they have apparatus within the vicinity of the application site area.

As indicated above Chief Environmental Health Officer has had direct discussions on the matter with the applicant’s agent in respect to the development’s protection from noise nuisance. As a result of those discussions, Chief Environmental Health Officer comments that the objection raised to the previous proposal (i.e. P/04/1030) remains in respect to this proposal. These comments remain valid on the basis of site visits by officers, the review of historical records and a consideration of the documentation provided by the applicant.

Chief Engineer (Highways) raises no objection to the application subject to the imposition of conditions.

Chief Engineer (Drainage) raises no objection to the proposal but requires a range of drainage comments to be forwarded to the developer on surface water drainage issues.

Bedwas, Trethomas and Community Council raises objection to the application on the basis of noise pollution due to the proximity of industrial land uses.

Glamorgan Gwent Archaeological Trust Ltd. makes no adverse observations regarding this proposal.

ADVERTISEMENT

The application was advertised by way of both site and press notices and direct neighbour consultations. As a result, three letters and two petitions signed by twenty-three and twenty- five signatories respectively, objecting to the development, were submitted.

The basis of the objections are as follows:-

1. It will increase anti-social behaviour and increase crime in the area.

2. It will exacerbate the inadequate drainage (both surface water and foul) in the area.

3. The proposal will decrease highway safety in The Avenue.

4. De-valuation of existing property.

5. The area is already “over populated,” with too much inappropriate infilling having taken place.

6. The development would be better suited on another site.

7. It would put further strain on the parking position in The Avenue.

Cont….

Application No. P/05/0352 Continued

8. It would increase noise pollution to local residents who are already experiencing high noise levels from the existing industrial estate.

9. The development will decrease privacy between existing houses and those proposed.

10. It will remove existing hedgerows and trees, which currently protect the site from noise and the appearance of the industrial estate.

11. The houses are to be constructed too close to existing industrial uses and will increase the potential for environmental problems to be caused.

12. The properties will have an overbearing effect on the nearest existing dwellings.

13. It will “blight” existing properties.

14. The proposal is too dense in respect to its surroundings.

15. The proposal is contrary to policies contained in the Council Approved Unitary Development Plan.

E.U. HABITATE DIRECTIVE

The site is not considered to affect any protected wildlife species, in view of its large developed yard area and industrial use and location.

ANALYSIS

In considering the application due regard has been paid to the policy position and the physical operations proposed.

With regard to the former, the policies of relevance in the Council Approved Unitary Development Plan are those relating to windfall sites (H2) and Standard Development Criteria (DC1).

Policy H2 contains two criteria. These are as follows:-

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

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

Cont…. Application No. P/05/0352 Continued

In respect to the former it is evident that the comments of the Council’s Chief Environmental Health Officer are such as to conclude that the proposal does not satisfy this criterion. Therefore it is unacceptable in respect to this policy.

Policy DC1 contains a range of criteria one of which has particular relevance to this proposal. Criterion (A) concludes that development will be approved, where it can be shown that it “is compatible with other land uses in the vicinity.”

Once again, based on Chief Environmental Health Officer’s response, the proposal fails to comply with this criterion. Whilst the applicant’s agent has sought to place a robust argument in support of the proposal, Chief Environmental Health Officer considers on balance that the potential for noise nuisance affecting the new dwelling cannot adequately be controlled by the use of conditions which could protect the dwellings and their curtilages from such nuisance. Consequently, Chief Environmental Health Officer recommends refusal of this development on the same basis as that given in respect to Planning Application No. P/04/1030.

It is considered that there are no issues in respect to the design, parking, amenity space, access etc. with regard to this development. However, in view of Chief Environmental Health Officer’s comments, it is recommended that the application be refused on the basis of potential of noise generating activities in the area to cause nuisance to the residents of the proposed dwellings. This would be in line with the Central Government advice contained in TAN 11 ‘Noise’ about the location of noise sensitive development such as housing.

RECOMMENDATION that Permission be REFUSED

The reasons for the Council’s decision are:-

(1) The proposal is contrary to Policy DC1(A) of the Council Approved Unitary Development Plan in that it is not compatible with other land uses in the vicinity by virtue of its location in respect to noise generating activities, particularly from the industrial estate to the south (i.e. the Pant Glas Industrial Estate). (2) The proposal is contrary to Policy H2(A) of the Council Approved Unitary Development Plan, in that neighbouring land uses will detract from the residential development by way of noise generating activities, particularly from the industrial estate to the south (i.e. Pant Glas Industrial Estate).

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

P/05/0368 Mr. A. McGrath, Convert first floor to residential use 10/03/05 AJM Motor Services Building, at AJM Motor Services, The Old The Old Telephone Exchange, Telephone Exchange, R/O High Rear of High Street, Street, Blackwood. Blackwood.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Location: The application site is adjacent to the bus station at Blackwood and is sited at the rear of High Street. Access to the site is via the accommodation lane leading to Market Square.

Site description including locality: The application site is a free-standing building, which is a repair garage, with storage in the roof space. The building has a horizontal emphasis, and has a hipped roof. It is sited adjoining the postal sorting office, and the rear service area of buildings facing High Street.

Site area/dimensions: The existing first floor of the building measures 14m x 5.3m. This is to be converted to a one bedroom flat. The ground floor of the building is a repair garage measuring 19.7m x 1.1

Development: It is proposed to convert the existing storage space in the roof of the building to a one bedroom flat. The accommodation consists of a kitchen, living/dining room, a single bedroom and shower room. Access to the living room is served through the kitchen, which in turn provides access to the bedroom. No parking or amenity space is available for the development.

PLANNING HISTORY

No recent planning history.

POLICY

(a) Site allocation

Development plan: Within the retail boundary of the Adopted Islwyn Local Plan.

Council Approved UDP: Within the retail boundary of the UDP

(b) Policies

Development plan: Policy H5 (settlement envelope) and Policy H10 which requires that the conversion and rehabilitation of appropriate vacant properties to residential accommodation within settlement envelopes including flats to comply with criteria as follows: Cont… Application No. P/05/0368 Continued

• All rooms are capable of adequately fulfilling their stated function and accessible from a central hallway; • Amenity space is retained; • Adequate parking is available as off street parking.

Council Approved UDP: Policy DC1 (standard development control criteria) and Policy H6 (conversion of properties into flats) are relevant. The latter includes the following criteria:-

- satisfactory pedestrian access should be provided; - amenity space should be provided; - no harm should be caused to the amenity of neighbours; - there should be no overdevelopment; and - parking should be provided.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

CONSULTATION

Chief Engineer objects to the development as the proposal would both generate additional traffic and turning movements, and that in the absence of off-street parking facilities the development would generate additional on street parking to the detriment of highway safety.

Chief Environmental Health Officer raises serious concern about the proposal as the flat would be affected by the noise and disturbance from both the activities in the workshop below, and the background noise in the area, which is quite high, with the bus station located directly opposite.

ADVERTISEMENT (a) Extent of advertisement: Six properties were notified of the application, and the application was also advertised by way of a site notice.

a. Response: An objection has been raised by representatives of Royal Mail Group Plc, who are the freeholders of the application site. They also own and operate the Post Office and Delivery Office at the same site. The objections raised are as follows:-

• Inadequate residential amenity. • The development would cause operational disturbance to the Royal Mail postal delivery office. The activities of the sorting office involve movement of large number of staff and commercial vehicles to and from the site early morning and throughout the day, which starts as early as 4.30am. • The activities of the sorting office would cause noise and disturbance to the occupier of the flat.

Cont… Application No. P/05/0368 Continued

• The conversion of the first floor to residential use would result in the loss of employment floor space. • The proposed use would be incompatible with the existing commercial uses in the vicinity. • No adequate pedestrian access for the proposed use. • No car parking provision. • This change of use is not permitted under the terms of the lease.

ANALYSIS

The objections made by the ground landlord are noted. The terms of the lease are not a material planning consideration. Other matters raised are pertinent to the consideration of the application, and these are reflected in the responses of both the Chief Engineer and the Chief Environmental Health Officer.

Plans submitted with the application indicate, that the flat is accessed from the kitchen, which leads to the living room and this in turn provides access to the bedroom. Such a layout is contrary to the Islwyn Local Plan policy on conversion (H10).

In terms of amenity, the proposed flat would be above a repair garage and surrounded by activities associated with commercial uses, as it is located in the service area of the town centre. In addition the building adjoins the postal sorting office, and a bus station, both of which generate noise very early in the morning when the ambient noise levels are usually low. The property has no amenity area or parking.

Planning Guidance (Wales) Technical Advice Note 11- Noise (paragraph 10) states that Local Planning Authorities should consider whether proposals for new noise sensitive development would be incompatible with existing activities taking into account the likely noise exposure at the time of the application, and any increase that may reasonably be expected in the foreseeable future. The introduction of a residential use, which is a noise sensitive development is inappropriate in this location and should therefore be refused.

RECOMMENDATION that Permission be REFUSED

The reasons for the Council’s decision are:-

(1) The introduction of a noise sensitive development at this site is considered to be incompatible with the existing activities of the area, and would be contrary to advice contained in Paragraph 10 of Planning Guidance (Wales) Technical Advice Note 11- Noise. (2) The layout of the proposed conversion is contrary to Policy H10 of the Adopted Islwyn Local Plan, which requires that all rooms are accessible from a central hallway. (3) The development would generate additional traffic and turning movements to the detriment of highway safety contrary to Policy DC1 of the Council Approved Unitary Development Plan. (4) In the absence of adequate off-street parking facilities, the development would generate additional on-street parking to the detriment of highway safety, and contrary to Policy H10 of the Adopted Islwyn Local Plan and Polices DC1 and H6 of the Council Approved Unitary Development Plan. ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/05/0381 Mrs. S. Fenwick, Retain use of the land as 11/03/05 2 Denbigh Court, residential garden and retain 1.2 Hendredenny, metre high stock proof style fence Caerphilly. on land adjacent to 2 Denbigh Court, Hendredenny, Caerphilly.

APPLICATION TYPE: RETENTION APPLICATION

SITE AND DEVELOPMENT

Location: The application site is a former area of open space at the northern end of Denbigh Court, Hendredenny, adjoining No. 2.

House type: No. 2 Denbigh Court is a semi-detached house.

Development: Change of use of public open space to residential curtilage.

Dimensions: Approximately 300 square metres of open land between a turning head and the curtilage of the dwelling to which it is to be added.

Ancillary development: Land already enclosed by stock proof wire fence and laurel hedge planted inside.

PLANNING HISTORY

None.

POLICY

(a) Site allocation

Development plan: Caerphilly Basin Local Plan - the site is within the settlement boundary.

Council Approved UDP: The site is within the settlement boundary.

(b) Policies

Development plan: Caerphilly Basin Local Plan - there are no policies of direct relevance to this proposal.

Council Approved UDP: Policies L2 (protection of open space) and DC1 (standard development control criteria) are of relevance.

Cont...... Application No. P/05/0381 Continued.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No

CONSULTATION

Chief Engineer (Highways) raises objection to the change of use of the open space as it reduces visibility creating traffic hazards to users of the adjacent turning space. It is also pointed out that the space is adopted highway and steps are being taken to seek the removal of the unauthorised fence.

ADVERTISEMENT

(a) Extent of advertisement: The development has been advertised on site and neighbouring properties have been consulted.

(b) Response

Number of letters: One.

Summary of observations:

• Once the hedge is established the wire fence may removed. • The writer has no objection to the laurel hedge.

ANALYSIS

This application is for the change of use of an area of land adjacent to a turning area to residential curtilage. The applicant has already enclosed the land with an agricultural style wire fence and planted a hedge within. A letter accompanying the application explains that young people parking in the turning area have caused nuisance depositing litter and behaving badly. Design and security of open space is an important planning consideration. In this particular instance the open space is arranged around a turning area. One side of it has been enclosed and included within the curtilage of the applicant’s dwelling. The other side is somewhat smaller and sloping, it is still open. A footpath runs through the open space to a rural lane at the rear. The case for enclosing the largest part of the open space appears to assume that this will curtail the use of the turning area by young people. A hedge planted along the edge of the area will screen the turning area from other users of the highway and from the dwellings on the opposite side of the road.

Cont..... Application No. P/05/0381 Continued.

It is considered that enclosing the open space and providing a screen hedge decreases surveillance of the turning area thereby reinforcing its attraction for antisocial behaviour. Furthermore if this open space is enclosed and the open space on the opposite side is similarly taken away, only the turning area with the footpath will be left. This will create even poorer surveillance and increased seclusion for unacceptable activity.

Policy L2 explains a general presumption in favour of protecting open space in the interest of visual amenity unless: (a) there is sufficient such space remaining, (b) the site has no significant value, (c) in the case of public ownership and a community use, alternative use is investigated. There are many such small areas within estates and their removal should only be considered where the loss could be justified. The open space in this location affords a visual break between the dwellings in a part of the estate where there are almost continual built-up frontages and limited open views. It also provides space either side of a footpath leading out to the edge of the settlement. The removal of this area does not contribute or enhance the appearance of the estate, nor are there any nearby open areas to replace it. If no reasonable justification for its loss can be established, the negative impact upon the appearance of the street scene cannot be accepted. As explained previously, the anticipated improvement in anti- social behaviour is highly questionable and this part of the estate does not have a surfeit of such amenity provision, thus the loss of this open space is not considered to be justified.

Chief Engineer (Highways) has explained that the land is part of the adopted highway, thus steps are being taken to seek the removal of the fence. In addition, it is considered that enclosing the open space reduces the visibility of the turning area to the detriment of highway safety.

RECOMMENDATION that (A) Permission be REFUSED

The reasons for the Council’s decision are:-

(1) The enclosure of the open space will decrease surveillance of the adjacent turning area thereby reducing security and increasing the likelihood of anti-social behaviour. (2) The removal of the open space does not contribute or enhance the appearance of the estate, which does not enjoy a surfeit of such provision at this location, to the detriment of the visual amenity of the location contrary to Council Approved Unitary Development Plan Policy L2, parts (a) and (b). (3) The enclosure of the open space reduces visibility of the turning area to the detriment of highway safety contrary to policy DC1 of the Council Approved Unitary Development Plan.

(B) Officers be authorised to take enforcement action to require the removal of the fence and the restoration of the land to its former condition. ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/05/0382 Mr. M. Roberts, Erect one dwelling on land at 11/03/05 Pentregroes Farm, Pentregoes Farm, Croespenmaen, Croespenmaen, Crumlin. Crumlin.

APPLICATION TYPE: OUTLINE APPLICATION

SITE AND DEVELOPMENT

Location: The application site is within a farm holding, access to which is reached by a narrow lane which links Croespenmaen with Pentwynmawr.

Site area/dimensions: The application site is a rectangular area of land sited south of the access lane to Pentregroes Farm. It measures approximately 33m x 31m and is within a larger area of farmland which forms the farm holding.

Development: The application seeks outline planning permission for a dwelling. All matters, other than siting, have been reserved for subsequent approval. The dwelling is indicated in the middle of a rectangular field plot, sited adjoining the lane leading to the farmhouse.

Ancillary development: None

PLANNING HISTORY

None.

POLICY

(e) Site Allocation

Development plan: The site is outside the settlement boundary as defined by Policy H5.

Council Approved UDP: The site is outside the settlement boundary as defined by Policy DC2.

(f) Policies:

Development plan: Policy H6 - construction of permanent dwellings in the open countryside and the need to demonstrate that there is a bona-fide need for a dwelling for workers in agriculture or forestry and where there is no suitable land or housing within existing settlements.

Council Approved UDP: Policies DC2 - settlement boundary policy and the exceptional circumstances for allowing development outside settlement boundaries, and C8 – agricultural and forestry dwellings.

Cont… Application No. P/05/0382 Continued

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No

CONSULTATION

Chief Engineer (Highways) raises objection to the development on the grounds that the narrow lane and substandard highway network leading to the site are unsuitable to cater for further development and the increased use of the substandard access will create increased hazards to all classes of highway user. The development would therefore be contrary to Policy DC1 of the Council Approved Unitary Development Plan.

ADVERTISEMENT

(a) Extent of advertisement: One property was individually notified, and the application was advertised on site and in the press.

(b) Response: No responses have been received.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Consideration of the above application has been made in the light of policies of the development plans and other material planning considerations, of which the highway consideration is pertinent.

On policy grounds, the application site is outside the defined settlement boundary in both the Adopted Islwyn Local Plan and the Council Approved Unitary Development Plan. The application site is south of an employment site, which clearly defines the settlement boundary. The farmland, which is sited beyond it, is clearly in the open countryside and is characterised by open fields and the narrow country lane, off which it is sited.

The construction of permanent dwellings in the open countryside is permitted in exceptional circumstances. Both Policy H6 of the Adopted Islwyn Local Plan and C8 of the Council Approved Unitary Development Plan require an applicant to demonstrate that there is a bona- fide need for a dwelling for an agricultural or forestry worker, and that there no suitable land or housing within existing settlements. In the absence of such evidence, the consideration of the application has to be made as a dwelling in the open countryside with no justification.

The allocation of land for residential development and the defining of settlement envelopes are aimed at protecting the countryside from sporadic development. In the absence of a justification under the policies quoted above, allowing sporadic development would incrementally result in the erosion of the countryside, and undermine the objectives of the development plan. The principle of residential development therefore fails on policy grounds.

Cont… Application No. P/05/0382 Continued

Other material considerations include highway considerations. Chief Engineer raises objection to the proposed development, as the increased use of the substandard access will create hazards to all classes of highway user. This is a material consideration.

There are both policy and highway objections to the development and the application should therefore be refused.

RECOMMENDATION that Permission be REFUSED

The reasons for the Council’s decision are:-

(1) The development of the site for residential use would result in a dwelling in the open countryside with no justification and would therefore be contrary to Policy H6 of the Adopted Islwyn Local Plan and Policies DC2 and C8 of the Council Approved Unitary Development Plan, which seek to protect the countryside within the Borough from sporadic development. (2) The narrow lane and substandard highway network leading to the site are unsuitable to cater for further development. The increased use of the substandard access will create increased hazards to all classes of highway user. The development would therefore be contrary to Policy DC1 of the Council Approved Unitary Development Plan.

______

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

P/05/0388 Modplan Ltd., Retain storage building approved 14/03/05 Bridge Street, under reference P/01/0020 without Abercarn. complying with conditions 3, 4, 8, 9 and 10 at Modplan Ltd., Bridge Street, Abercarn.

APPLICATION TYPE: NON COMPLIANCE WITH COND

SITE AND DEVELOPMENT

Location: The application site is on Bridge Street on the Prince of Wales Industrial Estate at Abercarn.

Development: The application is made under Section 73A of the Town and Country Planning Act to retain the storage building, approved on 21st June, 2001without complying with certain conditions imposed on that permission. The conditions are Nos. 3, 4, 8, 9 and 10 and are as follows:-

Condition 3

A scheme for the permanent marking out of the parking areas, vehicle tracking, off loading area and goods waiting for loading area as indicated on the submitted plans shall be submitted to and approved in writing by the Local Planning Authority. Thereafter these areas shall be marked out in accordance with the approved scheme before the building hereby approved is brought into beneficial use.

Condition 4

This permission relates to the amended plans submitted on the 27th April 2001, marked “Drawing No 216/10g.”

Condition 8

If stillages are rested on the operational yard they shall only be rested in the area indicated as “off loading area” in the amended drawing no. 216/10g, from where they shall be moved within one hour to storage, manufacturing or dispatch.

Condition 9

If finished goods are rested on the operational yard, they shall only rested in the area indicated for that purpose in the amended drawing no. 216/10g, from where they shall be loaded onto vehicles for dispatch within one hour.

Cont…. Application No. P/05/0388 Continued

Condition 10

The vehicle parking spaces and vehicle tracking areas indicated for that purpose in the amended drawing no. 216/10g shall be used for these purposes only.

This application has been submitted as a result of correspondence between the Council’s Enforcement Officer and the applicant, following the receipt of letters alleging the storage of materials upon designated parking bays within the curtilage of the site. It would appear from the complaints received that there is a breach of the above conditions.

The applicant has, in this application, forwarded a drawing revising the parking areas, vehicle tracking, off-loading areas and goods waiting for loading areas. In a letter, which forms the application, the agent claims that the approved off- loading area has been found in practise to be impractical for resting stillages because of the sloping nature of the car park in this location. It is therefore proposed to move it to a new position near the vehicle tracking area, which will be in addition to the existing off-loading and goods waiting for loading area. It is claimed that this would enable a quicker pre-planned throughput of commercial vehicles, thus reducing congestion in the yard and reducing the likelihood of congestion on the highway outside. As conditions 7, 8 and 9 are directed at keeping the operational yard free of external storage/manufacturing, other than in the case of resting of stillages and finished goods, to designated areas, if the revised areas indicated on the submitted plan are approved, then conditions 8 and 9 would need to be changed to reflect this. The applicant also submits that the limitation of one hour imposed by condition 9 be deleted altogether on the grounds that the requirement is unnecessary bearing in mind the original reason for its imposition.

The applicant claims that the current limitation encourages additional activity and congestion in the operational area, reflecting the attempts made to comply with the time limitation, which he considers to be unnecessary. If any limitation on time is considered necessary, the use of the areas concerned should be restricted to the working day, i.e. no overnight use of the areas.

The applicant considers condition 10 ambiguous and too onerous, as the areas are used for purposes other than vehicle movement, and the thrust of the requirement is to keep the tracking area free from obstruction. He feels condition 7 already covers this aspect adequately. The applicant further explains that raw materials are constantly criss-crossing the yard between the two approved storage and production areas. Stillages may be put down within the operational yard whilst in transit to facilitate the movement of materials. He does not consider such a practice to be either ‘resting’ or ‘external storage’ as referred to in the current conditions, but a transitory aspect of the normal operations of the yard. He suggests that if this point is not accepted it may be necessary to specifically deal with this aspect by a revised condition to avoid the prospect of future enforcement proceedings.

Cont….

Application No. P/05/0388 Continued

PLANNING HISTORY

Reference No. Description Decision Date P/01/0020 Re-use previously approved storage building and Approved 2001 parking spaces P/00/0618 Construct operational area, parking facilities Refused 2000 entry/exit gateway and screen fencing P/97/0936 Erect warehouse extension, re-locate material store Approved 1999 and provide additional and upgraded parking

POLICY

(a) Site allocation

Development plan: The site is white land within the Adopted Islwyn Local Plan but it is quite clearly part of the larger body of the Prince of Wales Industrial Estate.

Council Approved UDP: Employment site.

(b) Policies

Development plan: Policy D1 ( redevelopment of older industrial sites)

Council Approved UDP: Policies E2 and E4 (protection of existing industrial provision) are also of relevance.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No

CONSULTATION

Chief Engineer has expressed concern about the removal or amendment of the conditions.

ADVERTISEMENT

(a) Extent of advertisement: Five individual letters and a site notice.

(b) Response

Number of letters: One letter has been received.

Cont…. Application No. P/05/0388 Continued

Summary of objections:

• Writer seeks confirmation that the reason for this application is due to threat of action following the breach of conditions and non- compliance following complaints made around August 2004. • Applicant’s letter refers to the sloping nature of the yard being impractical for resting stillages. Reference is made to drawing No: 244/1 Rev M, which indicates the slope and three stacked stillages. The impracticality of resting stillages at this location only relates to the volume or quantity of stillages intended to be rested in this location. The emphasis should be on expediting the final effective storage of these stillages. • The proposal to locate this off-loading area alongside an additional goods waiting for loading area into the operational area, will add congestion at this point and will decrease throughput of commercial vehicles. This would be apparent when, for example, unloading/loading. • Materials placed in the above area are often kept there due to lack of storage space inside the building. They are not intended for despatch or internal storage, but are placed in this area due to lack of internal storage space. • Additional deliveries of goods and goods intended for despatch added to items stored or kept at this location will extend into the operational yard and vehicle tracking area. • Regarding the removal of the one hour time limitation, the writer feels that the original intention in imposing such a condition was to limit the time all materials are kept anywhere in the outside yard. If materials were left in these locations for the duration of the working day they would occupy the space required for further deliveries of raw materials to the site. • Does not consider condition 10 to be either ‘ambiguous’ or ‘onerous’, whilst it is a valid point that stillage and materials regularly criss-cross the yard, he does not feel that there is any justification for the operational area or the vehicle tracking area to be totally blocked or obstructed while such movements take place. • Objects to proposed new off-loading and goods waiting for loading area due to added congestion in a critical area • This would be against the fundamental purpose of ensuring adequate provision for loading and unloading of vehicles and ensuring vehicles can enter and exit in a safe manner. • Objects to proposed low storage area at northern entrance due to access to storage area impeding vehicle entry and exit and non-specified container types.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

Cont…. Application No. P/05/0388 Continued

ANALYSIS

In 2001, an application to re-site the previously approved storage building and the re-siting of previously approved parking spaces was granted consent following a site meeting. The concern of the local residents at the time was that the manufacturing operation is too big for the site and this is leading to difficulties of handling in the service yard. Following this, amended plans were submitted.

The amended plans proposed a 10m long steel building with an open front facing onto the operational yard of the factory. It is located adjacent to the northern egress from the yard and parallel with the site boundary. The new access provided access at the northern end of the yard and egress at the southern end.

The plans also included the tracking path for articulated vehicles, their standing position for loading/unloading and the area in the yard upon which the transfer of stillages is to take place. An area for the positioning of goods for loading was also indicated.

These amendments were the subject of re-consultation with the local residents and Chief Engineer, and were subsequently approved.

As the principle of a storage area had been established by virtue of the fact that a storage building of similar dimensions had previously been approved, consideration was made to how the approved space would be used and its effect upon the yard. It was accepted that there would quite clearly be differences between the use of the storage area by stillages or for short plastic off-cuts and short metal lengths, which are also part of the manufacture process.

When the previous application (Ref No. P/01/0020) was considered, Officers recognised that there will always be potential for congestion of the yard and that any such problems could cause congestion in the adjoining highway. It was considered necessary not only to ensure areas to be designated for vehicle tracking and loading and unloading operations, but also ensure that these areas are kept free for those purposes.

The new conditions were imposed to control the use of the yard. The conditions relating to the transfer of stillages were considered necessary as this activity causes the greatest obstruction in the yard and needs to be carried out in the areas designated if the yard is to function in a way that it does not become congested and result in the obstruction of the public highway.

Photographic evidence has been forwarded to this department indicating obstruction of areas which are to be kept free for the flow of traffic. Chief Engineer, whilst being satisfied with the parking and tracking areas, is concerned that the proposed goods waiting area prevents the parking of commercial vehicles off the operational/turning area. He notes that the applicant has previously failed to keep operational and parking areas clear of material. He is of the opinion that the removal of the time constraint would serve to weaken the condition. He is of the opinion that conditions 8, 9 and 10 should remain.

Cont…. Application No. P/05/0388 Continued

The conditions attached to the consent granted by P/01/0020 took into account the site’s history. The apparent problems associated with the premises are as a result of the business expansion. After much consultation and negotiation, the conditions attached to the consent are seen as the only way forward in granting an approval whilst safeguarding interests of public importance, and residential amenity of the adjoining properties. Removal of the conditions as proposed in this application is not considered acceptable, as it has not been demonstrated that the various elements of the activity in the yard could function in juxta position, without compromising highway safety. It is recommended that the application be refused.

RECOMMEDATION that Permission be REFUSED

The reason for the Council’s decision is:-

The retention of the building granted under Planning Application No. P/01/0020, without complying with conditions 3, 4, 8, 9 and 10, would result in increased congestion in the operational yard, which will result in reversing movements to and from the adjoining highway, increased on-street parking and conflicting movements of commercial vehicles, to the detriment of highway safety. ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/05/0395 Crafts for Everyone, Erect small sheltered workshop 14/03/05 Unit 3, Institute Building, producing ceramic items for people Crumlin. with learning difficulties at Ground floor, 20 Main Street, Crumlin.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Site area/dimensions: The property is within a group of buildings, which form the east side of the town centre of Crumlin. Other properties nearby include three A3 (hot food takeaway) uses, a hairdresser’s, an office, two clubs and the Institute Building.

Development: The proposal is to change the use of the ground floor to a small sheltered workshop producing ceramic items by people with learning difficulties. There would be one trainer and a support worker at hand, and these staff members are currently at the existing premises, which are sited at Unit 3 Institute Buildings. The staff will continue to park there. This is confirmed in writing by the applicant.

PLANNING HISTORY

There is no recent planning history.

POLICY

(a) Site allocation

Development plan: The site is within the town centre of Crumlin.

Council Approved UDP: The site is within the town centre of Crumlin.

(b) Policies

Development plan: Policy D1 (development control criteria) of the Adopted Islwyn Local Plan.

Council Approved UDP: Policy DC1 (development criteria).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No

Cont….

Application No. P/05/0395 Continued

CONSULTATION

Chief Engineer (Highways) raises no objection but expresses concern that other uses within Class D1 of the Town and Country Planning (Use Classes) Order 1987 could give rise to highway problems. He suggests limiting the potential range of uses by condition.

ADVERTISEMENT

(a) Extent of advertisement: The adjacent properties were individually notified, and the application was advertised on site.

(b) Response: None received.

ANALYSIS

The plan submitted with the application indicates that there are two rooms on the ground floor, the first used for making the items and the inner room would have the kiln and shelving etc. This kind of use is appropriate to areas where there are other A1 (retail) uses. It is not clear whether any of the items would be sold from the premises. This is similar to coffee shops with ceramic painting facilities, which are currently being located in towns. The concerns of the Chief Engineer are noted. The use can be interpreted as a B1 use, as it involves a ‘processing.’ Such a use is compatible in the area. However, as the premises are very small and lack off- street parking, it may be expedient to grant consent for the use of the premises as a craft workshop only. Subject to this the application is considered acceptable.

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 Town and Country Planning (Use Classes) Order 1987 or any order revoking and re-enacting that order with or without modification the premises shall only be used as a craft workshop for the production of ceramics or handicrafts.

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 define the scope of the development, in the absence of off-street parking. ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/05/0405 Mrs. S. Higgins, Convert attic at 16b Snowdon 17/03/05 16b Snowdon Close, Close, . Risca.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application seeks to install a dormer extension in the main roof slope of the rear of an existing semi-detached dwelling. It would be 3.5m wide, 3.2m deep and 2m high, and clad in matching materials.

The existing dwelling is located at the end of a cul-de-sac and the rear overlooks Holly Road, one of the main through roads through Ty Sign. The dwellings in Snowdon Close are located high above Holly Road.

PLANNING HISTORY

Reference No. Development Decision Date P/04/1412 Convert attic Refused 18/11/04

POLICY

The property is located within the settlement boundary defined in the Adopted Islwyn Local Plan and in the Council Approved Unitary Development Plan.

Policy H1of the Islwyn Local Plan states:-

“Improvement of existing residential properties will be favoured. Proposals should generally be in scale and character with the existing dwelling and should not result in a loss of amenity to neighbouring occupiers. Provision of off-street parking will be encouraged where possible.”

Policy H4 of the Islwyn Local Plan states:-

“Alterations and extensions to existing dwellings will normally be permitted provided the scale, massing and design of the proposed works are complimentary and subservient to the existing dwelling.”

Policies DC1 and DC4 of the Unitary Development Plan are pertinent to this proposal. Under Policy DC4, Design Guides have been prepared and approved be Council. In the case of this proposal, Design Guide 1 - Building Better Places to Live and Design Guide 2 – Householder Developments are appropriate.

Cont… Application No. P/05/0405 Continued

CONSULTATION

Chief Engineer (Highways) has no objection subject to details showing three car parking spaces being submitted to and approved by the Local Planning Authority and their subsequent implementation.

ADVERTISEMENT

The residents of six adjoining dwellings were notified of the application and a site notice was posted near the site. As a consequence, two letters have been received which draw attention to the parking problems that exist at the end of the cul-de-sac due to cars being parked around the entrance to the application site.

ANALYSIS

Snowdon Close presents a strong, uniform line when viewed from Holly Road and it is considered that the insertion of a dormer would create a discordant element in the landscape, which would be to the detriment of the visual impact of the area. Although this amended submission shows a slightly smaller dormer and has replaced the original flat roof with a slightly gabled roof, it is considered that there is little difference to the impact the proposal would have upon the character of the area.

RECOMMENDATION that Permission be REFUSED

The reason for the Council’s decision is:-

The proposed dormer extension by virtue of its size and design would form an incongruous element on the semi-detached dwelling, which is in a row of dwellings that are prominent in the landscape and have no similar extensions. The proposal will have a detrimental effect upon the character of the dwelling and upon the visual amenity of the area and therefore conflicts with Policy DC1 of the Council Approved Unitary Development Plan and the Local Planning Authority’s Approved Development Design Guide No 2 – Householder Developments.

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

P/05/0415 Mr. P. Angell, Change the use and refurbish 21/03/05 Station Garage, existing garage into a retail unit High Street, at Station Garage, High Street, Blackwood. Blackwood.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Location: The application site is at the northern end of High Street and is sited between residential dwellings and a site which has recently been approved for a mixture of retail and hot food takeaway uses.

Site area/dimensions: The site has a total area of approximately 709 square metres, with a building measuring 20m x13m.

Development. The application site is a former garage, and it is proposed to change the use of this to retail premises. Plans indicate an entrance and sales area and a small office. There are internal steps from the entrance to the sales area and from this area to the office. There is an area at the rear indicated as a car park, with eleven parking spaces, of which one is a disabled car parking space. Access to this is via the access to the residential dwellings adjoining. The original plans indicated that the disabled entrance would also be from this side accommodation lane.

In a further letter from the agent, it is confirmed that the disabled access at the side could be utilised only for emergency use. The primary access off High Street would be the main access for disabled persons, with a wheelchair stair lift being provided within the building to provide access to the lower level. He also confirms that the servicing of the building can be undertaken from within the existing forecourt of the building, and that it would still leave sufficient room for pedestrians to pass safely.

Ancillary development: Parking is to be provided at the rear of the building, with a retaining wall to the rear. The parking area will be accessed from the lane serving the rear of the nearby flats.

PLANNING HISTORY

Reference No. Description Decision Date P/04/1397 Erect class A3 pizza takeaway drive Approved 2005 through, car parking and access P/96/0343 Retain site for car sales (land Approved 1996 adjacent)

Cont…. Application No. P/05/0415 Continued

POLICY

(a) Site allocation

Development plan: Within the settlement envelope of Blackwood as defined by the Adopted Islwyn Local Plan.

Council Approved UDP: Within the settlement boundary of Blackwood.

(b) Policies

Development plan: Policy H5 (settlement policy) and D1 (standard development control criteria) of the Adopted Islwyn Local Plan .

Council Approved UDP: The site is within the settlement boundary of Blackwood Town Centre as defined by Policy DC2, and immediately adjoins the retail boundary as defined by Policy R3 (2), in which the application site and the flats nearby have been excluded.

Policy DC1 of the Council Approved Unitary Development Plan states that:-

"Development would be approved where it can be shown that:-

A. Is compatible with other land uses in the vicinity.

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

E. Provides or maintains appropriate servicing and operational space including the provision of appropriate operational space, including the provision of appropriate operational parking spaces and adequate provision for turning, loading and unloading for the proposed development."

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

CONSULTATION

Chief Engineer (Highways) has expressed concern regarding various aspects of the development such as the access to the premises for the disabled and the provision of servicing. He is also of the opinion that servicing the building off High Street would cause interruptions to the traffic.

Addressing the above concerns the applicant has now confirmed that the access for the disabled at the side of the property would be used only for emergency use. This would be from the road serving the rear parking area of Cwrt Glanhowy, which has no footways, and no space to provide one, and that a wheelchair lift can be provided

Cont…. Application No. P/05/0415 Continued

ADVERTISEMENT

(a) Extent of advertisement: Four properties were individually notified of the application. It was also advertised on site.

(b) Response: No response has been received.

EU HABITATS DIRECTIVE

The development does not affect any protected wildlife species.

ANALYSIS

The application site was a garage with a display area to the side, which has now become a separate planning unit for a takeaway and retail use. The former garage building, separates that site from the nearby residential uses, and is a relatively small building, which is not related to the other retail uses nearby. The site has been excluded from the retail boundary of Blackwood in the Council Approved Unitary Development Plan.

The applicant has not demonstrated that servicing of the site can take place in a safe manner.

To service the site from the forecourt that adjoins the footway, would be unsatisfactory, and dangerous. This would not meet with approval of the Highway Authority. The use of the site as a garage has operated together with the land adjoining. With the loss of that land the site is without adequate and appropriate land to serve the building, for an A1 (retail) use.

There is both policy and highway objections to the change of use of this building to A1 use, as quoted above. There is also objection on highway grounds, which is a material planning objection, as it would prejudice interests of public importance, which ought to be protected.

RECOMMENDATION that Permission be REFUSED

The reason for the Council’s decision is:-

The change of use of the building to an A1 use without appropriate servicing and operational space including the provision of appropriate operational parking spaces and adequate provision for turning, loading and unloading for the development, would be detrimental to highway safety, and would result in a form of development which is contrary to Policy DC1 of the Council Approved Unitary Development Plan. ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/05/0416 Directorate of Education & Construct floodlit multi-use games 17/03/05 Leisure, area on former grassed tennis C.C.B.C., courts at St. Martins Ystrad Fawr, Comprehensive School, Hillside, , Caerphilly. Hengoed.

APPLICATION TYPE: DEEMED CONSENT

SITE AND DEVELOPMENT

Location: St. Martins School is within the settlement at the southern end of Caerphilly.

Development: It is proposed to construct a multi-use games area (MUGA) on the site of existing tennis courts. Four lighting columns, that are to be switched off at 10.00 p.m. are also proposed.

Dimensions: The play area would measure 40 x 32 metres, and the four columns would be 10 metres in height with low glare floodlights. A three metres high fence enclosure would be erected around the play area.

Materials: The play area would be finished in tarmac; the light columns would be of black tubular steel, whilst the fence would be of heavy duty mesh.

PLANNING HISTORY

There is no recent planning history.

POLICY

(a) Site allocation

Development plan: Caerphilly Basin Local Plan; the site is within the settlement boundary.

Council Approved UDP: The site is within the settlement boundary.

(b) Policies

Development Plan: Caerphilly Basin Local Plan, Recreation Policy 1 (promote improvement of existing facilities and where possible promote dual uses between local clubs, the general public and schools).

Council Approved UDP: None relevant.

Cont….

Application No. P/05/0416 Continued

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No

CONSULTATION

Chief Engineer (Highways) raises no objection.

Chief Environmental Health officer raises no objection subject to conditions requiring a lighting scheme to ensure that glare is controlled and that the lights are turned off at 10.00 p.m.

ADVERTISEMENT

(a) Extent of advertisement: The development has been advertised on site, and neighbouring properties have been consulted.

(b) Response: Number of letters: 15

Summary of objections:

1. The school already has a significant level of out of school hours activities, including evening classes, swimming classes and weekend sports, that are detrimental to the residential amenity of nearby residential properties.

2. The two accesses to the school are not adequate to serve any increase in traffic.

3. Traffic would unacceptably increase in Caerphilly Town.

4. The school is ‘already substantially over-subscribed.’

5. It is unreasonable to impose a considerable increase in noisy car and pedestrian traffic’ and ‘sporting activities’ in a residential area.

6. There will be an increase in ‘noise, litter and air pollution.’

7. The use of the MUGA will give rise to security problems and break-ins.

8. There may be further ‘expansion of youth/community activities within the school.’

9. The floodlights will adversely affect nearby properties and wildlife on the adjacent golf course.

Cont…. Application No. P/05/0416 Continued

10. There is no justification for the use of the lights until 10.00 p.m., it suggested that 8.00 p.m. would be a more suitable time. One of the letters received states that problems from halogen lamps in the school grounds in the past have caused problems.

11. The use should be restricted to certain periods in the year.

12. The use should be supervised, minors should be protected from older age groups and first aid should be catered for. It is suggested that current supervision is not sufficient.

13. No justification of the need for the MUGA has been provided nor has Governors' approval been given.

14. The expenditure upon the floodlights is a waste of money if not used solely by the school.

15. It is suggested that the MUGA would be better sited at Morgan Jones Park or Caerphilly Leisure Centre or the ‘red-gra’ area within the school.

16. The use would reduce property values, Council tax re-banding will be sought and compensation.

17. The use would generate antisocial behaviour, loitering and vandalism

ANALYSIS

This is an application for the improvement of a sports/play area within the curtilage of a school. It is the size of a basketball court and is to be sited on existing tennis courts. The proposed facility is a multi use games area (MUGA). It has a tarmac surface, fence and four floodlights.

The objections that have been received concentrate on the use of the MUGA. Before proceeding with this analysis it should be explained that as has been mentioned in the letters of objection, the lawful use of the school encompasses a range of activities including sports which already take place during the day, evenings and weekends. Many of the objections relate to young people using the proposed facility during the evenings and at the weekends. Given that the lawful use of the school includes such activity and use by young people there is no change of use proposed. Adopted Caerphilly Basin Local Plan Recreation Policy No. 1 encourages the improvement of existing sports facilities and specifically aims to promote dual activities between clubs, the general public and schools. The improvement of the existing tennis courts by converting them to a multi use games area to offer a wider range of activities clearly complies with adopted policy.

Cont…. Application No. P/05/0416 Continued

The Council Approved Unitary Development Plan does not have an equivalent policy but it should be noted that that plan seeks the provision of outdoor sports facilities to serve the needs of new residential development (Policy L10), thus it is implicit that the provision of sports facilities is associated with and to serve the needs of residential areas. This point should also be noted with regard to the objection that residential areas are not suitable locations for sports facilities. The use is thus considered to be both within the lawful use of the school and of a type that Council policy seeks to provide in residential areas.

A number of objections suggest that the MUGA has not been justified and that it would be better located elsewhere. There is no policy requirement that the development should be justified and whilst other locations would likely benefit from such a facility, this application must be considered upon its merits. It has also been suggested that the MUGA should be re- sited within the school; given that the proposed site is an existing sports area (tennis) and that between it and the nearest houses, there is an existing football pitch, there can be little planning justification for requiring such a relocation.

It is suggested that the use of the MUGA will unacceptably increase traffic to and from the school and in Caerphilly Town. Given that the proposal is an improvement of an existing sports facility within the school and that no additional floor space is created, from a planning perspective additional parking and traffic is not considered to be a material consideration, i.e. by putting up basketball hoops or similar equipment or by turning the existing tennis courts into a pitch for another sports use, the school is currently able to provide an unrestricted range of sports opportunities during and outside school times. In addition the use of the proposed play surface by schoolchildren during school time cannot be considered to increase materially the traffic during school times, and outside school times the number of users would only be a fraction of those visiting during the day. The existing tennis courts themselves although currently in a poor state of maintenance could also be restored and brought into unrestricted use.

From a planning point of view this application is primarily for operational development consisting of the construction of a play surface with a fence and four floodlights. The proposed fence is very similar to the existing fence that encloses the tennis courts. The four floodlights are the most significant new feature and have been the subject of many of the letters of objection that have been received. Floodlights can give rise to glare but properly designed directional lights can illuminate play areas without causing unacceptable light pollution. At 10 metres in height they are similar to street lights. The lights range from approximately 100 to 180 metres from the nearest dwellings. They will only be seen from a distance and can be required by condition not to cause undue glare. It is stated in the details received that the lights will be turned off at 10.00 p.m. One letter received suggests that they should be extinguished at 8.00 p.m. Another letter suggests that there may be periods in the year when the MUGA should not be used. The school currently enjoys unrestricted hours of operation, albeit that it is likely that most activities do finish by the stated time.

Cont…. Application No. P/05/0416 Continued

It is not considered appropriate that the hours of use currently enjoyed by the sports facilities should be controlled by condition, i.e. the tennis courts football pitch and other sports facilities currently operate within the school without such restriction. The control of the illumination can though be required by condition without restricting the school's existing unrestricted hours.

The letters received raise a number of issues regarding the management of the MUGA, i.e. first aid, supervision and Governors’ approval. The observations raised are pertinent to the management of the school and its facilities but are not within the remit of the planning system. It is stated that the use of the MUGA will lower property values; the protection of property value is also not a planning consideration. It is suggested that Council Tax re-banding and claims for damages will be made; these matters fall outside planning consideration.

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) Prior to the commencement of the development hereby approved further details of the illumination of the multi use games area shall be submitted to and agreed in writing with the Local Planning Authority. Those details shall ensure that the illumination is directed towards the games area and that no undue glare affects properties outside the application site. The development shall be completed and maintained thereafter in accordance with the agreed details. (3) The multi-use games area hereby approved shall not be illuminated outside the hours of 08.00 hrs to 22.00 hrs.

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 residential amenity. ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/05/0420 Mr. & Mrs. Newman-Jones, Erect two storey rear extension at 21/03/05 6 Pandy Road, 6 Pandy Road, Croespenmaen, Croespenmaen, Crumlin. Crumlin.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application relates to the construction of a two-storey extension at the rear of this semi- detached house. The rear gardens slope steeply upward away from the dwelling and an area to accommodate the extension has been excavated and retaining walls in concrete blockwork have been constructed to a height of approximately 2.5m.

The proposal extends the full width of the existing dwelling and projects 3.6m from the rear wall. It is to be provided with a pitched, ridged and hipped roof with the ridge being set at right angles to the ridge of the main roof. No external finishes are indicated on the submitted plans.

The extension will accommodate a kitchen/diner on the ground floor and two bedrooms above. The proposal will result in the conversion of the dwelling from a two-bedroomed property to a three-bedroomed property.

No car parking facilities are available on the property and no facilities are proposed.

PLANNING HISTORY

None.

POLICY The site is located within the settlement boundaries defined in both the Adopted Islwyn Local Plan and the Council Approved Unitary Development Plan.

Policy H1 of the Adopted Islwyn Local Plan states:-

“Improvement of existing residential properties will be favoured. Proposals should generally be in scale and character with the existing dwelling and should not result in a loss of amenity to neighbouring occupiers. Provision of off-street parking will be encouraged where possible.”

Policy H4 of the Adopted Islwyn Local Plan states:-

“Alterations and extensions to existing dwellings will normally be permitted provided the scale, massing and design of the proposed works are complimentary and subservient to the existing dwelling.”

Cont… Application No. P/05/0420 Continued

Policies DC1 and DC4 of the Council Approved Unitary Development Plan are pertinent to this proposal. In Policy DC1, the relevant part of the Policy states:-

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

B. Is well designed in terms of its setting, scale, density, layout, materials and landscaping; D. Provides or maintains adequate parking provision for the proposed development.”

CONSULTATION

Chief Engineer (Highways) objects to the development as in the absence of adequate off-street parking facilities, the development would generate additional on-street parking to the detriment of highway safety.

ADVERTISEMENT

The occupants of two adjoining dwellings were notified of the application and one letter has been received which expresses concern that the length of the extension will result in the light to the kitchen being blocked out.

ANALYSIS

The nearest ground and first floor windows of the adjoining property are about 800mm from the boundary between these semi-detached houses and face in a north-easterly direction. The proposed extension will project 3.6m from the face of the existing houses and it is considered that the quality of light to the adjoining property will be adversely affected.

The existing dwelling has no parking facilities within its curtilage and there is no opportunity to provide any spaces behind the front building line because there is inadequate width at the side of the house to enable a driveway to be constructed. The property fronts directly onto the main road and it is undesirable to permit development that would increase the capability to generate more off-street parking on this busy highway, particularly at the top of a hill.

RECOMMENDATION that Permission be REFUSED

The reasons for the Council’s decision are:-

(1) The size of the proposed extension is such that it would have a detrimental effect upon the reasonable amenities of the adjoining dwelling, particularly in regard to the reasonable lighting levels of the adjoining rooms. The development would therefore be contrary to Policy H1 of the Adopted Islwyn Local Plan and Policy DC1 of the Council Approved Unitary Development Plan. (2) The proposal would generate additional off-street parking to the detriment of highway safety, contrary to Policy DC1 of the Council Approved Unitary Development Plan.

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

P/05/0425 Caerphilly County Borough Construct downhill mountain bike 22/03/05 Council, route including earthwork, hardcore Tourism Unit, surfacing, two wooden footbridges, 5 Woodfieldside Business Park, marshalling/parking area on land Penmaen Road, adjacent to Visitor Blackwood. Centre, Cwmcarn, .

APPLICATION TYPE: DEEMED CONSENT

SITE AND DEVELOPMENT

Location: The land to which this application relates adjoins the Cwmcarn Visitor Centre.

Site description including locality: Part of the land to which the development relates is within Forestry Commission land and the remainder within the County Borough.

Development: This is a deemed consent application, for a downhill mountain bike route in Cwmcarn. Work includes earthworks, hardcore surfacing and the construction of two wooden bridges. Photographs submitted with the application indicate that a cattle grid to stop sheep trespass is also included. The trail includes berms and jumps. The photographs indicate that most of the work had commenced prior to the submission of the planning application, and it is understood that the work has now been completed, and is to be open to the public shortly.

PLANNING HISTORY

Reference No. Description Decision Date P/04/1849 Extend existing visitor car park Approved 27/01/05 P/99/0684 Small scale earthwork and surface water Approved 23/09/99 drainage to prepare area for car park

POLICY

(a) Site allocation

Development plan: Outside settlement envelope but within the Special Landscape Area defined in the Adopted Islwyn Local Plan.

Council Approved UDP: Outside settlement boundary but within a Special Landscape Area.

Cont….

Application No. P/05/0425 Continued

(b) Policies:

Development plan: In the Adopted Islwyn Local Plan, the following policies are relevant: Policy CE2 (special landscape areas), CE3 (development and loss of ancient woodland and adverse effect on attractive woodland), and T1 (presumption in favour for development of tourism facilities subject to criteria).

The criteria in respect of Policy T1 are as follows:-

• The proposed use should not conflict with the surrounding land use in terms of noise, increased activity or traffic generation.

• Any development should harmonise with the surrounding in terms of scale, form design and materials.

Council Approved UDP: Policy L11 (leisure activities in the countryside) states:-

“The use of land for sport outside settlement boundaries will be permitted where it can be demonstrated that the development will not have an unacceptable impact on people or the environment by:-

A. The nature, scale extent, frequency or timing of the activities including any noise or light pollution likely to be generated or

B. The extent and visual impact of land forming or playing surfaces terracing or mounding and landscaping.”

Policy C1 (development in the countryside) 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.”

Policy C12 (special landscape areas), Policy C13 (trees, woodlands and hedgerows) and Policy DC1 (standard development control criteria) are also relevant.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

CONSULTATION

Gwent Wildlife Trust responds that the proposed work runs through an area of ancient semi- natural woodland. Ancient woodlands are important in their own right and are a UK Biodiversity Action Plan Habitat. Such woodland is also known to harbour a range of faunal species many of which are protected.

Cont…. Application No. P/05/0425 Continued

These include bats, dormouse, badger and rare birds. Due to the possible presence of such species, the Trust recommends that an appropriately timed comprehensive survey be conducted by a competent, and where necessary, a licensed ecologist. If any species are found then Countryside Council for Wales needs to be advised. In the absence of an ecological survey the Trust objects to the proposal.

ADVERTISEMENT

(a) Extent of advertisement: The application was advertised on site.

(b) Response: No response has been received in writing. When work had commenced on site, nearby residents did enquire of the Planning Department whether an application had been made for the development, which was well underway. No objections have however been made to the development.

ANALYSIS

The development, which has been completed is appropriate to a Country park and is in keeping with the tourism policies and objectives of the County Borough. The work does not result in a detrimental impact upon the amenity of the area, or cause a loss of residential amenity.

With regard to the objections of Gwent Wildlife Trust, the Local Planning Authority has no evidence that there was any nature conservation interests on this land before the works were carried out. The bike trail lies outside the woodland referred to by the Trust, in which case it would be unreasonable to object to the proposal.

RECOMMENDATION that Deemed Consent be GRANTED to retain the work carried out.

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

P/05/0429 Ms. T. Theobald, Erect four dwellings on land at 22/03/05 11 Mountbatten, Brynteg Crescent, . Rhymney.

APPLICATION TYPE: OUTLINE APPLICATION

SITE AND DEVELOPMENT

Location: The application site is situated within the settlement limits of Rhymney and located to the rear of Lady Tyler Terrace. It is an area of open space fronting Brynteg Crescent Rhymney, which is the main route through Rhymney Town Centre.

Site description including locality: The development site consists of a grassed area of vacant land, which slopes towards the main B4257. The land is within a predominately residential part of lower Rhymney, where there were formerly houses on this site, these having been demolished in the 1970s.

Site area/dimensions: The area of land measures 0.2018 h.a.

Development: The application seeks outline planning permission to develop the vacant land for four residential units with a proposed site access via Mountbatten Street. All matters are reserved for approval.

Materials: Not applicable at this stage.

Ancillary development, e.g. parking: None

PLANNING HISTORY

Reference No. Description Decision Date 5/5/90/0706 Erect residential development Approved 15/11/90 5/5/94/0214 Construct nursing home Approved 12/01/95

POLICY

(a) Site allocation

Development plan: The Adopted Upper Rhymney Valley Local Plan - the site is within the settlement limits of Rhymney.

Council Approved UDP: The site is within the settlement boundary of Rhymney.

Cont…. Application No. P/05/0429 Continued

(b) Policies

Development plan: Adopted Upper Rhymney Valley Local Plan: Policy EV3 is relevant and states:-

"Development will be permitted where its size, scale, layout material and design are in keeping with the surrounding environment."

Council Approved UDP: Policy 1DC (good design), DC1 (standard development control criteria), DC2 (settlement boundaries) together with associated planning policy guidance in Design Guide No. 1 – Building Better Places to Live. Policy H2 (development on unallocated sites) is relevant and states:-

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

The development would not result in inappropriate infilling which would spoil the character of an existing residential area."

National planning policy guidance in Planning Guidance (Wales) Planning Policy (par. 9.2.6) indicates:-

"Local Planning Authorities should maximise the use of previously developed land for housing developments."

Additional guidance is contained in Tan 12 – Design par. 4.5 states:-

"The visual appearance of proposed development, its scale and its relationship to its surroundings are material considerations in determining planning applications and appeals. Planning permission should be rejected on the grounds of poor design."

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No

CONSULTATION

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

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

Dwr Cymru confirms that foul water and surface water discharges must be drained separately from the site and provides advice to be conveyed to the applicant in respect of the same.

Cont…. Application No. P/05/0429 Continued

Chief Environmental Health Officer has no objection to the development subject to conditions being attached to any consent requesting remedial measures in respect of the contamination of the site together with measures relating to the importation of soils or materials.

ADVERTISEMENT

(a) Extent of advertisement: The application site was advertised on site and neighbouring properties were consulted.

(b) Response: None

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No

ANALYSIS

The proposal, which lies within the settlement limits of Rhymney, has been considered in conjunction with the relevant Unitary Development Plan policies and National planning guidance as stated above. Particular reference should be given to Policy H2 as this is an unallocated site, within an existing predominately residential area and planning permission for residential development was previously approved on the site in November 1990.

The application is made in outline only with all matters reserved for future consideration.

The main issues to be considered in relation to this proposal are the residential amenity of neighbouring properties, the importation of materials, soils and dust control measures together with highway considerations.

Chief Engineer (Highways) has recommended that the access should be achieved via Mountbatten and Harvards Row and that for highway safety reasons there should be no direct access onto the main B4257. This would require the stopping up of the existing lane. It is suggested that the above can be controlled by the attachment of appropriate conditions.

With regard to the concerns of the Chief Environmental Health Officer concerning the importation of soils and dust control he raises no objection in principle, subject to conditions.

The design of the development will be a critical factor in ensuring the development does not detract from the surrounding land uses and does not result in an insensitive or inappropriate infilling which would spoil the character of the existing townscape.

Notwithstanding the above, there are no overriding concerns in respect of loss of amenity or highway safety matters. It is therefore considered that the outline proposal does not conflict with local plan policies and is therefore acceptable in planning terms.

Cont….

Application No. P/05/0429 Continued

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 buildings, 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 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) No development shall take place until a scheme for the importation to the site, and the testing for contamination, of soils and materials, has been submitted to and agreed in writing with the local planning authority. The development shall thereafter be carried out in accordance with the approved scheme. (6) Because of the close proximity of the main road a scheme of dust control measures should also be agreed in writing with the Local Planning Authority before any development hereby permitted commences on site. (7) The reserved matters submission required by Condition (2) shall include details of the finished slab levels of the individual plots in relation to points off site. The development shall be carried out in accordance with the approved levels. (8) There shall be no vehicular access to or from the B4257. (9) Access shall be achieved via Havards Row and Mountbatten. (10) The rear lane of Lady Tyler Terrace shall be improved in a manner to be agreed with the Local Planning Authority prior to the beneficial occupation of the proposed dwellings. (11) The existing lane to the south of the site shall be stopped up in a manner to be agreed with the Local Planning Authority prior to the occupation of the development hereby approved. (12) Development shall not begin until drainage works have been carried out in accordance with a scheme to be submitted to and approved by the Local Planning Authority. (13) This permission does not relate to the Draft Layout submitted with the application.

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 & Country Planning Act 1990. (4) To comply with the provisions of Section 91 of the Town & Country Planning Act 1990 (5,6&12) To retain adequate control over the development.

Cont…. Application No. P/05/0429 Continued

(7) To ensure a satisfactory relationship between the new and existing houses in the interests of residential amenity. (8-11) In the interests of highway safety. (13) The application is in outline and all matters are reserved for further approval.

Advisory Note

Comments of Chief Engineer (Highways), Chief Engineer (Drainage), Chief Environmental Health Officer and Welsh Water to be forwarded to the applicant. ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/05/0434 Castle Dairies Ltd., Erect two silos for milk storage at 23/03/05 Pontygwindy Industrial Estate, Castle Dairies Ltd., Pontygwindy Caerphilly. Industrial Estate, Caerphilly.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Location: The application site is located at Pontygwindy Industrial Estate and is immediately adjacent to Pontygwindy Road.

Development: Erect two silos within a dairy products unit.

Dimensions: Each silo would be 4.1 - 4.3 metres diameter and 11 metres in height, and located on the side of the site that faces Pontygwindy Road.

Materials: Not stated.

PLANNING HISTORY

Reference No. Description Decision Date P/05/0434 Erect toilet block and convert existing toilets Refused 04/10/02 5/5/1080 Milk tanks Approved 22/09/81 5/5/75/0829 Salt silo Refused 11/11/75 5/5/82/0473 Storage preparation area Approved 21/09/82 5/5/83/0471 Storage preparation area Approved 26/08/83 5/5/88/0544 Whey drying plant Approved 01/02/89 5/5/91/0842 Three milk storage silos Approved 31/03/92 5/5/92/0313 Office extension Approved 28/07/92

POLICY

(a) Site allocation

Development plan: Caerphilly Basin Local Plan, the site is allocated for employment.

Council Approved UDP: Employment site.

(b) Policies

Development plan: Caerphilly Basin Local Plan, Policy E1 (presumption against industrial development outside identified employment sites).

Council Approved UDP: E2 (protection of existing industrial premises) Cont…

Application No. P/05/0434 Continued

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

CONSULTATION

Chief Environmental Health Officer raises no objection.

Caerphilly Town Council raises no objection.

ADVERTISEMENT

(a) Extent of advertisement: The development has been advertised on site and neighbouring properties have been consulted.

(b) Response: No response has been received.

ANALYSIS The application site produces dairy products. The proposed circular silos are to be sited adjacent to an existing set of silos and other equipment. They are higher than the silos nearest to them but approximately the same height as others in the compound. They are in an elevated position adjacent to the A469, which is one of the main entrances to Caerphilly. Although they will be visually prominent they are set against the backdrop of the factory building and amongst other silos of similar size, thus they should acceptably blend in. The details of finish have not been given and should be agreed by condition.

RECOMMENDATION that Permission be GRANTED

This permission is subject to the following conditions:-

(3) The development hereby permitted shall be begun before the expiration of five years from the date of this permission. (4) 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.

The reasons for the Council’s decision are:-

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

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

P/05/0447 Mr. M. Morrissey, Amend driveway entrance as 24/03/05 Carmel, approved under planning Corbetts Lane, permission P/97/0418 at Caerphilly. Carmel, Corbetts Lane, Caerphilly.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Location: The application site is accessed off Corbetts Lane, Caerphilly.

House type: Modern detached bungalow.

Development: It is proposed to reduce the width of the existing driveway to 4.9 metres.

Dimensions: The current width of the driveway measures 6.3 metres.

Materials: The proposed reduction in the width of the driveway will be through the erection of a stone wall, measuring 900mm in height at the entrance.

PLANNING HISTORY

Reference No. Development Decision Date P/97/0418 Construct new bungalow Approved 14/08/97

POLICY

(a) Site Allocation

Development plan: The site lies within the settlement limits of the Adopted Caerphilly Basin Local Plan (1983) and the Adopted Mid Glamorgan County Structure Plan (1989).

Council Approved UDP: There are no policies of direct relevance in the Caerphilly Basin Local Plan and the Mid Glamorgan County Structure Plan.

(b) Policies:

Development plan: There are no policies of direct relevance in the Caerphilly Basin Local Plan and the Mid Glamorgan County Structure Plan.

Council Approved UDP: Policy DC1 - General Development (standard development control criteria).

Cont…. Application No. P/05/0447 Continued

CONSULTATION

Chief Engineer (Highways) has no objections.

ADVERTISEMENT

(a) Extent of advertisement: Four neighbours were consulted and one site notice posted.

(b) Response

Number of letters: One letter

Summary of comments:

• The applicant had previously constructed a stone wall without planning permission, thereby reducing the width of the driveway. The wall was eventually removed when the applicant realised that planning permission was required. The objector claimed that when the wall was in situ, due to the reduced width of the driveway, an emergency services vehicle could not gain vehicular access to his property. Given the fact that the objector is a diabetic, he has concerns that this situation may re-occur if the reduced entrance to the driveway is permitted. On a similar note, the objector also has concerns about other emergency vehicles not being able to enter the site, i.e. fire engines etc.

• The objector sees no reason to reduce the width of the driveway as it has served his property for the last 23 years and the two properties together for the last eight.

• The objector states that the existing width of the driveway shown on the submitted details is incorrect.

ANALYSIS

The driveway, which is the subject of this application, serves two properties, namely Bungalow and Carmel Bungalow. Hollybush Bungalow was the first of the two bungalows to be built. Carmel Bungalow was granted approval in 1997 under the P/97/0418 permission and built thereafter. Condition (6) of the P/97/0418 permission states that ‘the entrance shown on the approved plan shall be made available at all times for the passage of all vehicles associated with the residential use of Hollybush Bungalow and the proposed new dwelling.’ With this in mind, the proposed reduction of the width of the driveway was, therefore, considered to constitute development requiring the benefit of planning permission. As such, the applicant has since removed the wall and is awaiting the outcome of this application.

Cont…. Application No. P/04/0447 Continued

Both bungalows are served by the same vehicular access and driveway. This application, therefore, seeks to reduce the width of the entrance of the driveway from its current width of 6.3 metres to 4.9 metres. The width of the remainder of the driveway will remain the same.

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

1. Site History and Enforcement.

2. Policy and Consultation response.

3. Objections.

1. The permission for the erection of Carmel Bungalow was granted in 1997 on a plot of land located within the curtilage of Hollybush Bungalow. The approved vehicular access arrangements to Hollybush Bungalow and Carmel Bungalow are such that both properties share the same entrance and driveway. Whilst there are parking spaces identified on the approved layout plan of the Carmel development, in line with condition (6) of the P/97/0418 approval, providing the entrance drive shown on the approved plan is available at all times for the passage of vehicles associated with the residential use of Hollybush Bungalow, there will be no breach of planning control. If, on other hand, vehicular access to Hollybush Bungalow is obstructed, in view of the requirements of condition (6) of the P/97/0418 permission, the Council’s Enforcement Section would need to consider the expediency of enforcement action.

Notwithstanding this, there is at the moment, a current planning enforcement issue in respect of the surface of the existing driveway. The details have not yet been submitted to and agreed with the Local Planning Authority as required by condition (3) of the P/97/0418 approval. The Council’s Enforcement Section intends to pursue the resolution of this breach of condition in Part B of this report.

2. Criteria (B) and (D) of Policy DC1 of the Council Approved Unitary Development Plan (April, 2003) are of relevance.

Criterion (B) states that development will be approved providing the development is ‘well designed in terms of its setting, scale, density, layout, materials and landscaping.’ In order to reduce the width of the driveway, the construction of a stone wall is proposed from the shared boundary of Tyn-y-Pwll. The wall will measure 900mm in height. The proposed materials will match those of the existing front boundary arrangements of the property and as such, the overall design of the proposed development will, therefore, be in compliance with the requirements of criterion (B).

Criterion (D) of Policy DC1 states that the proposed development should ‘provide or maintain adequate parking provision for the proposed development.’ The Chief Engineer (Highways) has raised no objection to the proposed 4.9 metres width of the driveway entrance. In view of the fact that this application only seeks to reduce the width of the driveway entrance, the overall parking provision at both Carmel and Hollybush Bungalow is not affected.

Cont…. Application No. P/05/0447 Continued

As such, the proposed development is also considered to be in compliance with the requirements of criterion (D).

3. The main consultee for this application is the Council’s Chief Engineer (Highways). Whilst the points raised by the objector are of concern, in view of the fact that the Council’s Chief Engineer (Highways) has raised no objection to this proposal, there are no planning grounds for refusal. The reduced width of the driveway will still allow both the objector and applicant full vehicular access to their properties. It is considered that condition (6) of planning permission P/97/0418 protects the right of vehicular access to and from Hollybush Bungalow.

In summary, there is no planning policy objection to the principle of reducing the driveway entrance to 4.9 metres. The wall in itself is well designed and from a highway safety perspective does not obstruct visibility into or out of the driveway. In addition, the materials proposed complement those along the existing front boundary of Carmel Bungalow. The proposal is, therefore, considered to be an acceptable form of development. It is noted that the P/97/0418 permission is currently in breach of condition (3) which required details of the surface of the driveway to be submitted to, agreed and implemented before the development approved was brought into beneficial use. These details have yet to be submitted to and agreed with the Local Planning Authority and as such, authority is also sought to serve a Breach of Condition Notice in respect of this condition.

RECOMMENDATION that (A) 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) Within three months from the date of this permission, the surface of the driveway shall be completed in permanent materials to be agreed firstly with the Local Planning Authority.

The reasons for the Council’s 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

Attached comments from Chief Engineer (Highways) in respect of the construction of the proposed wall.

(B) Officers be authorised to serve a Breach of Condition Notice under Section 187A of the Town and Country Planning Act 1990, in respect of condition (3) of planning permission P/97/0418. In the event of non-compliance with the notice, to take such legal proceedings as may be required in order to terminate the breach of planning control.

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

P/05/0455 Mr. & Mrs. P. Green, Erect two storey domestic 29/03/05 57 St Gwladys Avenue, extension at 57 St. Gwladys Bargoed. Avenue, Bargoed.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application is for the erection of a two-storey extension at the rear of a semi-detached house.

The rear garden of the pair of houses rises steeply away from the rear of the dwellings and originally there was a retaining wall about 1m from the rear walls, which was about 1m high. The rear area of the proposed extension has been excavated and contained by retaining walls within the application site whereas the original situation still exists at the adjoining property.

A garage is located on the application site 4.8m from the rear wall of the house and with approximately the same floor level. It is set close to the boundary with No. 55.

The proposed extension is 6m wide and projects 3.25m from the face of the dwelling. It is located 400mm from the boundary with No. 59, and is shaped to ensure access is maintained to the garage. The pitched and hipped roof is to be slate covered and the walls are to be rendered. The ground floor will accommodate a kitchen, w.c., and a bedroom with en-suite facilities is to be provided at first floor level.

PLANNING HISTORY

Reference No. Development Decision Date P/98/0170 Erect garage and extension Approved 24/4/98

POLICY

The site is located within the settlement limits defined in the Adopted Mid Rhymney Valley Local Plan and the Council Approved Unitary Development Plan. Policy DC1 of the Council Approved Unitary Development Plan and Design Guide No. 2 - Householder Developments are appropriate.

CONSULTATION

Chief Engineer (Highways) raises no objection.

Cont…. Application No. P/05/0455 Continued

Dwr Cymru has no objection and indicates the location of existing sewers and provides advice for the applicants.

ADVERTISEMENT

The occupiers of three adjoining dwellings were notified of the application and one letter has been received which objects to the development on the grounds that the proposal will adversely affect the saleability of the adjoining dwelling, and the site could be classed as over- developed since there is already a large garage on the site.

ANALYSIS

The proposal is a well-designed structure, which reflects the character of the existing dwelling, integrates well with the structure and adequate open space within the curtilage remains. In this regard it complies with the advice given in the Design Guide.

The objection of the neighbour on the valuation of his property is not a valid planning objection and it is considered that since adequate open space remains the proposal does not constitute over development.

One aspect that has been examined is the effect of the proposal upon the natural daylighting to the adjoining dwelling. The nearest windows (kitchen and bedroom) are 800mm from the boundary, which means that the extension is 1.2m from the edge of the windows. An existing boundary fence is located on the boundary, which is as high as the first floor cill level (except for the last metre where it drops about 600mm. It is considered that there will be a slight effect upon natural daylighting but not sufficient to warrant refusal.

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.

Advisory Note

The applicants be advised of the comments of Dwr Cymru. ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/05/0466 Mr. C. Jones, Change use from office to café at 31/03/05 1 Llanover Way, Unit 20, The Market Place, Ysbtty Fields, Blackwood. Abergavenny.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Location: Unit within the pedestrian shopping precinct in Blackwood Town Centre, on the western side of High Street.

Site description including area and locality: The application site comprises a single storey corner unit within the precinct; the shops either side are currently in use as a photographic shop and health food shop. It faces other shop units and also abuts the rear boundary of the New Foresters Public House.

Development: Permission is sought for the change of use of the unit from an office (B1) use (the unit was last used as a recruitment agency) to a café (A3 use). No external alterations are indicated. The proposal incorporates an internal flue connecting to an existing vent on the rear elevation of the premises.

Dimensions: The unit measures 9.5m x 8m.

Ancillary development: The submitted layout drawing indicates four outside tables in addition to the inside seating.

PLANNING HISTORY

Reference No. Description Decision Date P/98/0957 Change of use to recruitment agency Approved 11/12/98 P/97/0130 Change of use of shop to hot food takeaway Approved 20/03/97 2/10032 Shopfront Approved 14/06/91 2/10031 Shop sign Approved 14/06/91

POLICY

(g) Site Allocation

Development plan: Adopted Islwyn Local Plan - the site lies within the settlement envelope and the Shopping Core Area of Blackwood.

Council Approved UDP: The site lies within the settlement boundary and the Blackwood Retail Area.

Cont…. Application No. P/05/0466 Continued

(h) Policies

Development plan: Adopted Islwyn Local Plan - Policy S6 (changes to non-retail uses within shopping core areas).

Council Approved UDP: Policies DC1 (development criteria), R9 (protection of district and sub-regional town centres) and R12 (food and drink retailing).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

CONSULTATION

Chief Engineer (Highways) has no objection and notes that the pedestrian area fronting the shop is not adopted highway.

Chief Environmental Health Officer has no objection subject to a condition requiring adequate arrangements for the storage and disposal of commercial waste.

ADVERTISEMENT

(e) Extent of advertisement: Twelve adjoining premises were notified by letter and a site notice was displayed.

(f) Response

Number of letters: None

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

Policy S6 of the Adopted Islwyn Local Plan states that changes to non-retail uses would not normally be permitted at ground floor level within shopping core areas, in order to protect the vitality of such centres. However, permission was granted in 1997 for the change of use of this retail unit to a hot food takeaway on the basis that it would not challenge the dominance of A1 uses in the town centre and the shopping core, nor would it contribute to a ‘dead frontage.’ Permission was subsequently granted in 1998 for the use of the unit as a recruitment agency office and its reversion to an A3 use, particularly a café which would be open during the shopping hours of The Market Place, is not considered to be contrary to the purpose of the Local Plan policy.

Cont…. Application No. P/05/0466 Continued

The premises fall within the Blackwood Retail Area as identified in the Council Approved Unitary Development Plan, but not within the defined Primary Area of the High Street. As such, Policy R9 would apply; this states that changes of use of the ground floors of Class A1 retail premises to a use outside the class within the defined town centre would not be permitted where a continuous frontage of three or more premises without window displays would be created.

The Unitary Development Plan represents the more up-to-date policy framework and has been approved by the Council for development control purposes. The proposed change of use would not be contrary to Policy R9.

Policy R12 of the Unitary Development Plan is also relevant; this applies to food and drink retailing and states that:-

“A3 uses will only be permitted where:-

A. They are in accord with the requirements of Policies R8 and R9 if applicable; B. Opening times of hot-food takeaways are restricted to reasonable hours, particularly where residential properties are nearby; and C. The proposal would not result in an unacceptable loss of residential amenity by virtue of noise, smell or other nuisance.”

The previous permission for a hot food takeaway was subject to a condition restricting hours of opening to 8am-6pm Mondays to Saturdays, with no opening on a Sunday. While there does not appear to be any residential accommodation in close proximity to the unit, and the privately-operated precinct is in any event closed outside shopping hours, it is recognised that the unit could be used for any type of A3 use should permission for a café be granted (e.g. a hot food takeaway) and that the precinct’s opening hours could alter. It is, therefore, considered appropriate to impose a condition limiting night-time opening hours to those identified by Policy R12 of the Unitary Development Plan as appropriate for a retail area where there are few residential properties, i.e. midnight Mondays to Saturdays and 11pm on a Sunday.

The proposal is considered to be in conformity with planning policies and it is recommended that permission be granted subject to conditions.

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 premises shall not be open before 8.00 a.m. and after midnight on Mondays to Saturdays and before 9.00 a.m. and after 11.00 p.m. on Sundays.

Cont…. Application No. P/05/0466 Continued

(3) A scheme for the storage, collection and disposal of commercial waste shall be submitted to and agreed in writing by the Local Planning Authority, and shall be implemented before the use hereby permitted commences.

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 prevent late-night disturbance in the interests of the general amenities of the area. (3) To ensure a proper scheme for the management of waste, in the interests of the general amenities of the area.

Advisory Note

The applicant be advised of the comments of Chief Environmental Health Officer.

______

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

P/05/0467 Social Services, Erect extension at Variety Club 31/03/05 C.C.B.C., Family Centre, Caledfryn Way, Hawtin Park Offices, Caerphilly. , Blackwood.

APPLICATION TYPE: DEEMED CONSENT

SITE AND DEVELOPMENT

Site description including area and locality: The site is approximately triangular in shape, and has a gentle gradient from the west down to the east boundary.

Location: The Family Centre is located on the north-east side of Caledfryn Way, and is located between residential properties in Bryn Ifor and school playing fields adjacent to Caledfryn Way. The proposed extension would be located on the north-west elevation near to the site boundary with residential properties in Bryn Ifor.

Development: Proposed extension would provide additional office space to accommodate an increase in staff levels and provide additional accommodation for the public.

Dimensions: The extension would be 11.6m in length, 10m wide, and 5.3m in height to the ridge.

Materials: Matching materials.

Ancillary development, e.g. parking: Two additional car parking spaces, and two disabled person parking bays.

PLANNING HISTORY

Reference No. Description Decision Date 5/5/91/0062 Erect family centre Approved 22/05/91 P/98/0624 Change of use from nursery school to Approved 21/09/98 office accommodation P/04/0968 Erect CCTV Approved 19/08/04

POLICY

(a) Site Allocation

Development plan: Caerphilly Basin Local Plan – within settlement boundary.

Cont..... Application No. P/05/0467 Continued.

Council Approved UDP: Land within settlement boundary, not allocated.

(b) Policies:

Development plan: Policy EV2 (standard development control criteria).

Council Approved UDP: DC1 (Development Criteria).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No

CONSULTATION

Chief Engineer (Highways) has no objection subject to a condition regarding parking, and makes comments of which the applicant should be advised.

Chief Engineer (Drainage) has no objection subject to conditions regarding the discharge of surface water run-off, and makes comments of which the applicant should be advised.

Chief Environmental Health Officer has no objections subject to conditions in respect of odour control and storage of refuse, and makes comments of which the applicant should be advised.

Dwr Cymru/Welsh Water raises no objection subject to conditions in respect of drainage of the site, and makes comments of which the applicant should be advised.

ADVERTISEMENT

(a) Extent of advertisement: A site notice erected and eleven neighbours notified.

(b) Response

Number of letters: None

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

The proposed extension would be of a similar design as the host building at the Family Centre. The scale and form of the extension would be acceptable. Although the nearest dwelling would be only 5 metres away from the proposed extension, three contributory factors result in there being no significant adverse effects upon the residential or visual amenity of that, or any other, dwelling.

Cont..... Application No. P/05/0467 Continued.

The first of these is that there would be no windows in the end of the extension facing the dwellings. Secondly, the rear elevation of the nearest dwelling does not directly face the extension, but is set at an angle, resulting in only a three-quarter view of the side elevation of the proposed extension. Lastly, there is a difference in levels of approximately 2 metres between the ground levels of the extension and the nearby dwellings. This would result in the bulk of the proposed extension being below the ‘eyeline’ of the occupants of the nearby dwellings. The proposed location of the extension would result in the loss of approximately three parking spaces and an existing garage. The scheme provides compensatory car parking, some additional car parking spaces and two spaces for disabled persons. The proposal would therefore comply with the relevant criteria contained in the development plan policies and, subject to conditions, is considered to be acceptable.

RECOMMENDATION that Deemed Consent be GRANTED

This subject 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) Details of a scheme for the storage, collection and disposal of commercial waste shall be submitted to and approved in writing by the Local Planning Authority prior to the first use of the extension hereby permitted. Development shall be in accordance with the approved details. (3) A scheme of odour/effluvia/fume control shall be submitted to and approved in writing by the Local Planning Authority and implemented before the first use of the extension hereby permitted. The approved scheme shall thereafter be retained for the duration of the approved use.

The reasons for the Council’s decision:-

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

Advisory Note

The applicant should be advised of the comments of the Chief Engineer (Highways), Chief Environmental Health Officer, Dwr Cymru/Welsh Water, and Chief Engineer (Drainage). ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/05/0484 Mr. A. Jenkins, Increase height of roof previously 29/03/05 36 Mountside, approved under Application No. Risca. P/04/1672 at 59 St. Mary Street, Risca.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

This application seeks to increase the height of a property, which was previously approved to provide an additional flat in the roof space, by application no. P/04/1672. This was following consent granted for six flats by application P/04/0607, and later alterations to the roof, which was accepted as a minor amendment.

The original approval was for a hipped roof, subsequently amended to a pitched roof, to enable the roof space to be used for a flat and was approved as a minor amendment to Application P/04/0607. The approval granted by application P/04/1672 allowed an additional flat in the roof space, created as a result. The application now made is to increase the height of the roof by 0.65 metres and revising the angle of the roof from 30 to 35 degrees.

The applicant states that this is to increase headroom inside the top flat. No other alterations are proposed.

PLANNING HISTORY

Reference No. Description Decision Date P/04/1672 Convert roof space to additional flat. Approved 2005 P/04/0607 Erect 6 two bedroom flats Approved 2004 P/03/1463 Erect two storey development to form nursery Approved 2004 P/01/0603 Install postman’s security container Approved 2001 P/98/0527 Erect domestic flats Approved 1998

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 Council Approved 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 standard development criteria in Policy DC1 of the Council Approved Unitary Development Plan.

Cont…. Application No. P/05/0484 Continued

CONSULTATION

Chief Engineer (Highways) raises no objection.

ADVERTISEMENT

The adjoining properties were notified of the application and it was also advertised on site. No objections have been received as a consequence.

ANALYSIS

Planning permission was originally granted for flats on this site in 1998. In 2004, permission was granted for a building with six flats. The relationship with the neighbouring properties was considered to be acceptable; windows to habitable rooms would be at the front and rear of the building, and the proposed dormer windows are on the rear elevation. The additional flat was therefore considered acceptable. The increase in the height of the roof would not significantly alter the visual impact of this three-storey building, at this location. It would not create additional accommodation, and the application is considered acceptable.

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 consent shall only relate to the increase in the height of the roof of the building granted planning permission under Reference No. P/04/1672 by 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 as to the details approved.

______

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

P/05/0487 Mr. & Mrs. C. Bridgeman, Erect first floor extension to side of 04/04/05 32 Y Felin Ffrwd, dwelling at 32 Y Felin Ffrwd, Caerphilly. Caerphilly.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

House type: The existing is a three-bedroom detached house, with attached single garage.

Locality: The property is located on a recently built cul-de-sac development on the south west side of Brynhyfryd/Energlyn Terrace, and is served by a private driveway along with two other detached dwellings.

Development: The proposal is to erect a first floor side extension, above the existing garage, and a small ground floor extension to the rear of the garage. The proposal would provide a fourth bedroom and en-suite facility at first floor level and a store at ground floor.

Dimensions: The first floor extension would be 8.4m long by 3m wide, and the ground floor store would be 2.8m long by 2.4m wide.

Materials: Concrete roof tiles to match the existing roof, and brickwork walls to match the host dwelling.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

Reference No. Development Decision Date 5/5/94/0810 Erect 27 dwellings on former factory site Approved 21/05/92

POLICY

(a) Site allocation

Development plan: Caerphilly Basin Local Plan – within settlement boundary, allocated as employment.

Council Approved UDP: Land within settlement boundary, not allocated

Cont…. Application No. P/05/0487 Continued

(b) Policies

Development plan: There are no policies of direct relevance to the proposal in the Caerphilly Basin Local Plan.

Council Approved UDP: Policies DC1 (development criteria) and DC4 (supplementary planning guidance).

CONSULTATION

Chief Engineer (Highways) raises no objection subject to conditions, which are contained in the recommendation.

ADVERTISEMENT

(a) Extent of advertisement: Site notice erected and 13 neighbours notified.

(b) Response

Number of letters: One.

Summary of objections: A neighbour expressed concerns about loss of privacy to her rear garden, by being overlooked from a window in the rear elevation of the first floor extension.

ANALYSIS

In respect of the neighbour’s concerns about privacy, the applicant has written a letter to confirm that the proposed window would be to an en-suite bathroom and would be obscure glazed. Thus, there would be no opportunity for overlooking from the new window.

The proposed extension to the existing house would not be out of character with the existing and would not have any adverse effects upon the visual or residential amenity of neighbouring properties. The extension would be constructed of materials, which would match the existing and would be to a sympathetic design. The amount of garden space would remain the same, but it is adequate for the larger house.

The proposals are therefore compliant with development plan policies and the Council’s design guidance and should be granted planning permission.

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/05/0487 Continued

(2) Notwithstanding the submitted plans no works whatsoever shall commence until details have been submitted to and approved by the Local Planning Authority which provide one additional off-street parking spaces within the curtilage of the site. Such provision shall be completed in permanent materials to be agreed in writing with the Local Planning Authority and constructed before the first use of the extension hereby approved, and shall not thereafter be used for any purpose other than the parking of a vehicle.

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.

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

P/05/0488 Mrs. I. B. Tariq, Vary opening hours to enable 04/04/05 59 High Street, opening until midnight on Blackwood. Thursday and 1.00 a.m. on Friday/ Saturday and Saturday/Sunday at 59 High Street, Blackwood.

APPLICATION TYPE: NON COMPLIANCE WITH COND

SITE AND DEVELOPMENT

Location: Eastern side of High Street at the northern end of Blackwood Town Centre.

Site description including area and locality: The application site comprises a two storey, end of terrace, commercial property, comprising a hot food takeaway on the ground floor. The two other properties within the terrace are in commercial use; to the north of these properties is the pedestrian entrance from High Street to Blackwood Retail Park. Adjoining the application premises to the south is the Wetherspoon’s Public House. Opposite the premises is a small landscaped area adjoining the Blackwood Miners’ Institute.

Development: Permission is sought for the variation of opening hours to allow opening until midnight on Thursdays and 1.00am on Friday and Saturday nights.

PLANNING HISTORY

Reference No. Description Decision Date 2/12668 Variation of condition Approved 24/1/96 2/7731 Change of use to hot food takeaway Approved Sept. 87

POLICY

(i) Site Allocation

Development plan: Adopted Islwyn Local Plan - the site lies within the settlement envelope.

Council Approved UDP: The site lies within the settlement boundary and the defined Blackwood Retail Area.

(j) Policies

Development plan: Islwyn Local Plan – Policy HFT2 (hot food takeaways).

Council Approved UDP: Policies DC1 (development criteria) and R12 (food and drink retailing). Cont….

Application No. P/05/0488 Continued

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No

CONSULTATION

Chief Engineer (Highways) has no objection.

Chief Environmental Health Officer recommends that opening hours remain in line with Unitary Development Plan policies.

ADVERTISEMENT

(g) Extent of advertisement: Two adjoining premises were notified by letter and a site notice was displayed.

(h) Response

Number of letters: None.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No

ANALYSIS

Permission was granted in September 1987 for the change of use of the ground floor of the premises to a hot food takeaway (with living accommodation above) subject to a condition limiting the hours of opening to 11.00am to 11.30pm on Mondays to Thursdays, 11.00am to 12.00 midnight on Fridays and Saturdays, with no opening on a Sunday. A further permission for amended hours of opening was granted in January 1996; this permitted Sunday opening between 11.00am and 11.30pm (and daily opening at 9.00am) in addition to the original hours. The current application seeks to extend the hours further to allow opening on a Thursday until midnight and on Fridays and Saturdays until 1.00am.

Policy HFT2 of the Islwyn Local Plan states that hot food takeaway premises would be permitted in suitable locations subject to the hours of operation taking account of the nature of the area in which they are located, but no guidance is given as to what would constitute reasonable hours in various situations. Policy R12 of the Council Approved Unitary Development Plan states that A3 uses will only be permitted where, amongst other things, opening times are restricted to reasonable hours, particularly where residential properties are nearby. The explanatory text defines ‘reasonable hours’ as midnight (11.00pm on Sundays) in retail areas where there are few residential properties, these hours reducing to 11.00pm and 10.00pm respectively where there are residential properties in close proximity.

Cont…. Application No. P/05/0488 Continued

The majority of existing hot food takeaways within the town centre that are subject to a condition limiting hours of operation were granted permission before the development of the Unitary Development Plan policy. In most of these cases, the hours are limited to 11.30pm on Mondays to Thursdays and Sundays, and 12.00 midnight on Fridays and Saturdays.

Policy R12 of the Unitary Development Plan does not distinguish between weekdays (i.e. the periods of Monday-Thursday and Friday/Saturday), and the applicant’s request to open until 12.00 midnight on a Thursday would appear to be in compliance with this planning policy. The premises are situated within a commercial area, with the only residential accommodation in close proximity being at first floor two doors away. However, the applicant also seeks to open until 1.00am on Fridays and Saturdays; this would clearly not in be in compliance with the Policy, which limits opening to midnight on Mondays to Saturdays.

The northern part of Blackwood Town Centre has a concentration of licensed premises, hot food takeaways and restaurants. The police have recently been working with the Council’s enforcement officers to seek compliance with hours of operation imposed on takeaway premises, the majority of which are in regular breach, presumably on the basis that late hours are related to issues of public order. A Breach of Condition Notice has been served in respect of the application premises and a prosecution for failing to comply with the Notice has taken place. The police have advised that a letter of objection to the current application is being forwarded and this will be reported verbally to Committee.

It is considered to be important to uphold the Unitary Development Plan Policy in order to protect residential and general amenities, and the current application does not comply with the requirement for 12.00 midnight closing. While the extended time on a Thursday would comply with the Policy, this forms a minor part of the proposal and it is considered that the application as a whole should be refused permission.

RECOMMENDATION that Permission be REFUSED

The reason for the Council’s decision is:-

The hours of opening sought would contribute to the general level of late-night disturbance in this part of Blackwood Town Centre to the detriment of residential and general amenity, and be contrary to the provisions of Policy R12 of the Council Approved Unitary Development Plan. ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/05/0489 Mr. & Mrs. Hurford, Erect extension at 3 Ffordd Eynon 04/04/05 3 Ffordd Eynon Evans, Evans, Cwm Ifor Park, Caerphilly. Cwm Ifor Park, Caerphilly.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

House type: The existing is a three-bedroom semi-detached house.

Locality: 3, Ffordd Eynon Evans, Cwm Ifor Park, Caerphilly – located on well-established housing estate.

Development: The proposal is to erect a two-storey side extension. The proposal would provide a larger living room, and a study at ground floor level with stairs leading to a fourth bedroom with en-suite bathroom.

Dimensions: The extension would be 8.3 metres long by 2.9 metres wide, and would have a pitched roof running into the existing.

Materials: Face brickwork to match the existing house, and roof tiles to match the existing roof.

Ancillary development, e.g. parking: None.

PLANNING HISTORY

There is no recent planning history.

POLICY

(a) Site allocation

Development plan: Caerphilly Basin Local Plan – within settlement boundary.

Council Approved UDP: Land within settlement boundary, not allocated.

(b) Policies Development plan: Policy EV2 (standard development control criteria).

Council Approved UDP: Policies DC1 (development criteria), DC4 (supplementary planning guidance); and Development Design Guide No. 2 - ‘Householder Developments’.

Cont…. Application No. P/05/0489 Continued

CONSULTATION

Chief Engineer (Highways) raises no objection to conditions.

ADVERTISEMENT

(a) Extent of advertisement: Site Notice erected and five neighbours notified.

(b) Response

Number of letters: Two.

Summary of objections:

• loss of light. • extension would be overbearing. • extension would affect property value.

ANALYSIS

The scale and form of the extension would be in keeping with the existing dwelling and the surroundings, and would not have a significant detrimental effect upon the residential or visual amenity of any other properties. There would not be any adverse impact upon the character of the surroundings.

The side elevation would not extend all the way to the side boundary, allowing a walkway of 0.9m wide along the full length of the house.

Whilst the proposed extension would result in a gable end 2.9m closer than the existing to an adjacent property, the side elevations of these properties do not directly face each other. The adjacent neighbour has a garage adjacent to the boundary of the application site, and there is a distance of over 3.5 metres to the patio area at the rear of the neighbour’s house. It is considered that the proposed extension would have little adverse impact upon the lighting to the rear garden of the neighbour, and little or no impact upon the windows in the rear elevation of that house. In respect of the issue of any overbearing nature of the extension, it is considered that the neighbour’s property is slightly lower in relation, the distance between the extension and the neighbour’s house would not therefore result in any significant effects of overbearing. Impact upon property values is not a planning matter.

The extension would not result in a terracing effect because of the layout of the two sets of semi-detached houses, and thus there is no justification in requiring the set back of the front elevation of the extension.

Cont…. Application No. P/05/0489 Continued

The proposal complies with all of the criteria contained in Policy DC1 of the Council Approved Unitary Development Plan. The plans show that all external materials would match the materials used in the building as existing and the proposal is in accord with the development design guidance, DDG2, “Householder Developments” and should therefore be granted planning permission.

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 submitted plans no works whatsoever shall commence until details have been submitted to and approved by the Local Planning Authority which provide a minimum of three off-street parking spaces within the curtilage of the site. Such provision shall be completed in permanent materials to be agreed in writing with the Local Planning Authority and constructed before the first use of the extension hereby approved, and maintained thereafter free of obstruction for the parking of motor vehicles only.

The reasons from 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 applicants should 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/05/0502 Mr. J. Burns, Change the use to dog grooming 06/04/05 18 Cyril Street, business at 147 Commercial Street, Newport. Pontymister.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Location: South-western side of Commercial Street, opposite the junction with Trafalgar Street.

Site description including area and locality: The application site comprises a single storey ‘lock-up’ shop (currently vacant but last used as a florists) within a group of two storey commercial premises, some of which have residential accommodation above. Properties on the opposite side of Commercial Street are predominantly commercial.

Development: Permission is sought for the change of use of the shop to a dog-grooming parlour. The submitted layout drawing indicates a small reception area with shop counter, with grooming and bath areas behind.

Dimensions: The premises have a length of 8.5m and an average width of 3m.

PLANNING HISTORY

None.

POLICY

(k) Site Allocation

Development plan: Adopted Islwyn Local Plan - the site lies within the settlement envelope.

Council Approved UDP: The site lies within the settlement boundary and the defined Risca/Pontymister Retail Area.

(l) Policies

Development plan: There are no policies in the Adopted Islwyn Local Plan of direct relevance to this proposal.

Council Approved UDP: Policies DC1 (development criteria) and R9 (protection of district and sub-regional town centres).

Cont…. Application No. P/05/0502 Continued

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No

CONSULTATION

Chief Engineer (Highways) has no objection.

Chief Environmental Health Officer has no objection subject to conditions.

ADVERTISEMENT

(i) Extent of advertisement: Six adjoining premises were notified by letter.

(j) Response

Number of letters: None

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No

ANALYSIS

Policy R9 of the Unitary Development Plan states that changes of use of the ground floors of retail premises within district centres will not be permitted where a continuous frontage of three or more premises without window displays would be created. While the proposal may be contrary to this Policy, in that the two adjoining properties to the west are in A3 use, all three properties retain a shop window. Moreover, the premises occupy a position on the edge of the district centre in an area of mixed uses. The proposal would not, therefore, represent a serious breach of the Policy.

Chief Engineer (Highways) notes that there is potential for short term, on-street parking associated with the use, but raises no objection based on the existing lawful use (retail).

Chief Environmental Health Officer has no objection to the use subject to conditions to safeguard nearby residential properties.

The proposal is, therefore, considered to be acceptable and it is recommended that permission be 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. Cont…. Application No. P/05/0502 Continued

(2) No animals shall be kept at the premises overnight. (3) A scheme for the storage and disposal of waste shall be submitted to and agreed by the Local Planning Authority, in writing, and shall be implemented before the use hereby approved commences.

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 the residential amenity of adjoining occupiers. (3) To secure a proper scheme for the disposal of waste, in the interests of the general amenities of the area.

Advisory Note

The applicant be advised of the comments of Chief Environmental Health Officer. ______Code No. and Name and Address of Applicant Description and location of date received proposed development

P/05/0508 Director of Eduction, Erect extension to provide 06/04/05 C.C.B.C., additional classroom Education Offices, accommodation at Cwrt Rawlin Caerphilly Road, Primary School, Cae Meillion, Ystrad Mynach, Caerphilly. Hengoed.

APPLICATION TYPE: DEEMED CONSENT

SITE AND DEVELOPMENT

Location: Existing school within settlement at the Cwm Farm development at the western end of Caerphilly.

Development: Construction of additional classroom attached to side elevation of school.

Dimensions: The building would have a footprint of 7.9 x 19.5 metres, and would be mainly single storey, but would include a small storeroom constructed within the basement set within sloping foundations to side.

Materials: The walls and roof would match the existing above the damp proof course with blue brick below.

PLANNING HISTORY

Reference Development Decision Date P/00/0378 Erect Community Primary School Approved 03/08/00

POLICY

(a) Site allocation

Development plan: Caerphilly Basin Local Plan, the site is allocated for residential development (H1a).

Council Approved UDP: The site is allocated for community use (CF3)

(b) Policies

Development Plan: Caerphilly Basin Local Plan - Policy EV2 (size, scale, layout, materials and design).

Council Approved UDP: Policy DC1 (development criteria).

Cont… Application No. P/05/0508 Continued

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

CONSULTATION

Chief Engineer (Highways) raises no objection.

Chief Environmental Health Officer raises no objection.

ADVERTISEMENT

(a) Extent of advertisement: The development has been advertised on site and neighbouring properties have been consulted.

(b) Response: No response has been received.

ANALYSIS

This proposal is for an extension of a primary school. The school has a long, meandering footprint at the end of which the extension is proposed. Tucked under the eaves of the main hall roof, the extension follows the pitch of the host out a further 7.8 metres and the walls repeat the original style of brickwork/fenestration. The design, therefore, is considered to be in keeping with the character of the original. The windows of the school are well separated from nearby dwellings and adequate curtilage is retained within the school. The proposed layout is thus also considered acceptable.

RECOMMENDATION that Deemed Consent 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 reasons 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/05/0545 Parks Section, Locate modular building to provide 13/04/05 C.C.B.C., two changing room facilities with Council Offices, multi function hall at Islwyn Ystrad Fawr, Welfare Park, Springfield, Ystrad Mynach, Pontllanfraith, Blackwood. Hengoed.

APPLICATION TYPE: DEEMED CONSENT

SITE AND DEVELOPMENT

Location: The proposed building would be sited to the east of the Bowling Green, which is sited within Islwyn Welfare Park. Access to the site is from the main entrance which serves the whole park.

Site area/dimensions: The building measures 17.1m x 11.8m, and is of single storey construction.

Development: This is a modular building and will replace the existing facilities. The internal arrangement consists of a 65 square metre multi-functional hall/viewing area at the front of the building, overlooking the Bowling Green. A tea room, office and store room are served off this. Three doors lead off the hall to two sets of changing rooms, shower rooms and toilets at both ends, and a central changing room for the referee. This has a disabled toilet. A small plant room is sited at the rear.

Materials: The external walls are of composite construction, the roof finish is of pantiles, in a colour which has not been specified.

Ancillary development: No ancillary development is proposed, as parking already exists.

PLANNING HISTORY

Reference No. Description Decision Date P/03/1395 Erect changing rooms Approve Dec 2003

POLICY

(a) Site allocation

Development plan: The site is within the settlement envelope of Pontllanfraith defined in the Adopted Islwyn Local Plan.

Council Approved UDP: Within the settlement boundary.

Cont… Application No. P/05/0545 Continued

(b) Policies

Development plan: Policies D1 (the consideration of scale, density, height, massing, layout, materials, landscaping, and parking, in new development), D2 (the need to both effectively and sensitively integrate new development with existing townscape features), D4 (the consideration of pitched roofs in new development), D6 (the use of good quality material), D9 (where appropriate, to provide access for the disabled, in new development) and SR1 (sports and recreation facilities) of the Islwyn Local Plan are of relevance.

Council Approved UDP: Policy DC1(development criteria).

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

CONSULTATION

No adverse comments have been received from Chief Engineer or Chief Environmental Health Officer.

ADVERTISEMENT

(a) Extent of advertisement: Thirteen properties were notified individually and a site notice was displayed.

(b) Response: None

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

The application proposes replacing the existing building with a new modular building which provides additional space and facilities to modern standards. No additional car parking spaces would be required as a result. The principle of the development is acceptable and the details conform to the policies quoted above.

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.

Cont… Application No. P/05/0545 Continued

(2) Prior to the commencement of the development, details and colour of all external materials shall be submitted to and agreed in writing with the Local Planning Authority and the development shall thereafter be finished in accordance with the agreed 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 the interests of visual amenity.

______

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

P/05/0548 Royal Mail, Install post person security 13/04/05 South & South West Wales, container on land between 32 3rd Floor, Royal Mail Cardiff, Woodview Road and 1 Wyndham 220 Penarth Road, Terrace, Risca. Cardiff.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

Location: Footway on the northern side of Woodview Road, fronting 32 Woodview Road/1 Wyndham Terrace, Risca.

Site description including area and locality: The site comprises a footway within a predominantly residential area.

Development: It is proposed to site a postpersons’ security container at the back of the footway. The container would comprise a ‘single pouch box’ mounted on a short pedestal.

Dimensions: The box would be 0.66m high, 0.45m wide and 0.4m deep, with a total height of 1.36m from ground level.

Materials: The box would be constructed of steel with a powder-coated finish.

PLANNING HISTORY

None.

POLICY

(m) Site Allocation

Development plan: Adopted Islwyn Local Plan - the site is within the settlement envelope.

Council Approved UDP: The site is within the settlement boundary.

(n) Policies

Development plan: Islwyn Local Plan – None.

Council Approved UDP: Policy DC1 (development criteria).

Cont..... Application No. P/05/0548 Continued.

ENVIRONMENTAL IMPACT ASSESSMENT

Did the application have to be screened for an EIA? No.

CONSULTATION

Chief Engineer (Highways) has no objection.

ADVERTISEMENT

(k) Extent of advertisement: Adjoining occupiers were notified and a site notice displayed.

(l) Response

Number of letters: None (the consultation period expires on 20th May and any representations received will be reported verbally to the Committee).

EU HABITATS DIRECTIVE

Does the development affect any protected wildlife species? No.

ANALYSIS

The siting and design of the container are considered to be acceptable and it is not considered that it would have any detrimental effect within the street scene.

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/05/0586 Mr. R. Gingell, Erect first floor bedroom extension 19/04/05 1 Park Road, on top of existing ground floor Risca. extension at 1 Park Road, Risca.

APPLICATION TYPE: FULL APPLICATION

SITE AND DEVELOPMENT

No. 1 Park Road is a semi-detached house; the flank boundary is also the rear boundary of a number of dwellings in Brookland Road.

This application relates to the construction of a first floor extension above an existing single storey extension at the rear of the dwelling. The existing extension is flat roofed and is separated from the main body of the house by a narrower, two storey, pitched roofed extension. Its dimensions, in plan view, are 6.646m long x 5.385m wide and has a height of 2.73m above ground level.

The proposal is to construct a first floor bedroom above the whole of the flat roofed extension providing it with a pitched, gabled roof. The overall height of the extension will be 7.485m. This height exceeds the height of the existing two-storey extension and is almost as high as the main roof ridge.

The eternal finishes are rendering to the walls and concrete roof tiles to match the existing.

PLANNING HISTORY

None.

POLICY

The property is located within the settlement boundary defined in the Adopted Islwyn Local Plan and in the Council Approved Unitary Development Plan.

Policy H1 of the Adopted Islwyn Local Plan states:-

“Improvement of existing residential properties will be favoured. Proposals should generally be in scale and character with the existing dwelling and should not result in a loss of amenity to neighbouring occupiers. Provision of off-street parking will be encouraged where possible.”

Policy H4 of the Adopted Islwyn Local Plan states:-

“Alterations and extensions to existing dwellings will normally be permitted provided the scale, massing and design of the proposed works are complimentary and subservient to the existing dwelling.”

Cont…. Application No. P/05/0586 Continued

Policies DC1 and DC4 of the Council Approved Unitary Development Plan are pertinent to this proposal. Under Policy DC4, Design Guides have been prepared and approved by Council. In the case of this proposal, Design Guide 1 - Building Better Places to Live and Design Guide 2 - Householder Developments are appropriate.

CONSULTATION

Chief Engineer (Highways) has no objections subject to the provision of adequate parking.

ADVERTISEMENT

The occupants of eight adjoining houses were notified of the application and three letters have been received which object to the development because the extension would have a severe effect upon the light to the dwellings, the open aspect of the rear gardens and the loss of view from the houses at the side of the proposal in Brookland Road.

ANALYSIS

The proposed extension is very large in relation to the existing dwelling and has not been designed as an integral part of the house; rather, the extension appears as a separate entity, joined to the house by a smaller, lower link extension. The proposal does not, therefore, accord with the first guideline in the approved Development Design Guide.

The dwellings in Brookland Road, particularly Nos. 2, 4 and 6 have short, rear gardens which are about 10m long. The proposed extension lies 1.26m from the common boundary and to the south of the houses. Because of its height, the extension will overshadow the rear gardens and is likely to have an adverse effect upon the natural daylighting to rooms at the rear of the houses in Brookland Road. This conflicts with Guideline E4 of the approved guidelines.

The loss of view stated by the residents is not a valid planning objection.

In summary, the proposal conflicts with the design principles set out in the Guidelines and is in conflict with Policies H1 and H2 of the Adopted Islwyn Local Plan and Policy DC1 of the Unitary Development Plan which states that development will be approved where it can be shown that it is well designed in terms of its setting, scale, density, layout, materials and landscaping.

RECOMMENDATION that Permission be REFUSED

The reason for the Council’s decision is:-

The proposal would result in an unacceptable element by virtue of the location, design and size of the proposed extension in relation to the existing dwelling and the adjoining dwellings in Brookland Road, and thus conflicts with Policies H1 and H2 of the Adopted Islwyn Local Plan, and Policy DC1 of the Council Approved Unitary Development Plan and its associated Development Design Guide 2 - Householder Developments. ______